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E. In addition to the charges herein and special assessments referred to herein,other <br /> charges as required by City ordinance may be imposed such as,but not limited to, sewer access charges <br /> ("SAC"),water access charges, and building permit fees. <br /> 32. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the <br /> work to be performed by it hereunder,the City may,at its option,perform the work and the Developer shall <br /> promptly reimburse the City for any expense incurred by the City,provided the Developer,except in an <br /> emergency as determined by the City,is first given notice of the work in default,not less than forty-eight <br /> (48)hours in advance. This Agreement is a license for the City to act,and it shall not be necessary for the <br /> City to seek a Court order for permission to enter the land.When the City does any such work,the City <br /> may,in addition to its other remedies,assess the cost in whole or in part. <br /> 33. MISCELLANEOUS. <br /> A. The Developer represents to the City that the plat complies with all city,county, <br /> 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 <br /> may,at its option,refuse to allow construction or development work in the plat until the Developer does <br /> comply. Upon the City's demand,the Developer shall cease work until there is compliance. <br /> B. This Agreement shall run with the land and may be recorded against the title to the <br /> Subject Property. The Developer covenants with the City,its successors and assigns,that the Developer is <br /> well seized in fee title of the property being final platted and/or has obtained consents to this Agreement,in <br /> the form attached hereto,from all parties who have an interest in the Subject Property;that there are no <br /> unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the <br /> City harmless for any breach of the foregoing covenants. Any transfer of an ownership interest in the <br /> Subject Property is an assignment of the rights and obligations herein to the subsequent owner. <br /> C. Third parties shall have no recourse against the City or Developer under this <br /> Agreement. <br /> 13 <br /> 211449v2 <br />