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02-08-21-R
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02-08-21-R
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2/4/2021 3:31:14 PM
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<br /> 13 <br />212751v1 <br /> 31. RESPONSIBILITY FOR COSTS. <br /> A. Except as otherwise specified herein, the Developer shall pay all costs incurred <br />by it or the City in conjunction with the development of the plat, including but not limited to Soil and <br />Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in <br />connection with approval and acceptance of the plat, the preparation of this Agreement, review of <br />construction plans and documents, and all costs and expenses incurred by the City in monitoring and <br />inspecting development of the plat. <br /> B. The Developer shall reimburse the City for reasonable costs incurred in the <br />enforcement of this Agreement, including engineering and attorneys' fees. <br /> C. The Developer shall pay, or cause to be paid when due, and in any event before <br />any penalty is attached, all special assessments referred to in this Agreement. This is an obligation of the <br />Developer and shall continue in full force and effect even if the Developer sells one or more lots, the <br />entire plat or property, or any part of it. <br /> D. The Developer shall pay in full all bills submitted to it by the City for obligations <br />incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the <br />City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty <br />(30) days shall accrue interest at the rate of eighteen percent (18%) per year. <br /> 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 <br />shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in <br />an emergency as determined by the City, is first given notice of the work in default, not less than forty- <br />eight (48) hours in advance. This Agreement is a license for the City to act, and it shall not be necessary
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