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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 <br />damage to public improvements caused by the City, Developer, its contractors, subcontractors, material <br />men, employees, agents, or third parties. No sewer and water connection permits may be issued and no one <br />may occupy a building for which a building permit is issued on either a temporary or permanent basis until <br />the streets needed for access have been paved with at least one lift of bituminous surface and the utilities are <br />accepted by the City Engineer in writing. <br />K. Each right, power or remedy herein conferred upon the City is cumulative and in <br />addition to every other right, power or remedy, express or implied, now or hereafter arising, available to <br />City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein <br />set forth or otherwise so existing may be exercised from time to time as often and in such order as may be <br />deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any <br />other right, power or remedy. <br />L. The Developer will pay in full all invoices submitted to it by the City within sixty <br />(60) days after receipt which reasonably evidence those costs incurred in the drafting, enforcement and <br />supervision of this Agreement, including reasonable engineering, planning, and attorney's fees. If the <br />invoices are not paid on time, the City may halt all development work until the invoices are paid in full. <br />Invoices not paid within sixty (60) days shall be subject to an eight percent (8%) per annum interest <br />charge. <br />M Developer shall be responsible for all snow removal from sidewalks on vacant <br />lots to the extent that City Ordinance requires snow removal from sidewalks on constructed homes. <br />Developer shall be responsible for ensuring that all vacant lots comply with the City's Code regarding <br />nuisances. <br />N Retaining walls that require a building permit shall be constructed in accordance <br />with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of <br />187184v1 15 <br />