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<br />216111v1 <br /> 31. RESPONSIBILITY FOR COSTS. <br /> A. Except as otherwise specified herein, the Developer shall pay all costs incurred by <br />it or the City in conjunction with the Development, including but not limited to Soil and Water Conservation <br />District charges, legal, planning, engineering and inspection expenses incurred in connection with approval <br />and acceptance of the Development, the preparation of this Agreement, review of construction plans and <br />documents, and all costs and expenses incurred by the City in monitoring and inspecting the Development. <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 the entire Subject Property. <br /> D. The Developer shall pay in full all bills submitted to it by the City for obligations <br />incurred under this Agreement within sixty (60) days after receipt. If the bills are not paid on time, the City <br />may halt the development and construction of the Subject Property until the bills are paid in full. Bills not <br />paid within sixty (60) days shall accrue interest at the rate of eighteen percent (8%) 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 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.