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<br />198004v3
<br /> D. The Developer shall pay, or cause to be paid when due, and in any event before any
<br />penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the
<br />Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or
<br />any part of it.
<br /> E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
<br />under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat
<br />development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue
<br />interest at the rate of eighteen percent (18%) per year.
<br /> F. In addition to the charges and special assessments referred to herein, other charges and
<br />special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water
<br />connection charges, City sewer connection charges, and building permit fees.
<br /> 18. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
<br />to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly
<br />reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as
<br />determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance.
<br />This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for
<br />permission to enter the land. When the City does any such work, the City may, in addition to its other remedies,
<br />assess the cost in whole or in part.
<br /> 19. MISCELLANEOUS.
<br /> A. The Developer represents to the City that the plat complies with all city, county,
<br />metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning
<br />ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its
<br />option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the
<br />City's demand, the Developer shall cease work until there is compliance.
<br /> B. Third parties shall have no recourse against the City under this Contract.
<br /> C. Breach of the terms of this Contract by the Developer shall be grounds for denial of
<br />building permits, including lots sold to third parties.
<br /> D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract
<br />is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract.
<br /> F. If building permits are issued prior to the acceptance of public improvements, the
<br />Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to
<br />public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees,
<br />agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a building
<br />for which a building permit is issued on either a temporary or permanent basis until the utilities are accepted by the
<br />City.
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