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<br />A. Except as otherwise specified herein, the Developer shall pay all costs <br /> <br /> <br />incurred by it or the City in conjunction with the development of the Plat, including but not <br /> <br /> <br />limited to Soil and Water Conservation District charges, legal, planning, engineering and <br /> <br /> <br />inspection expenses incurred in connection with approval and acceptance of the Plat, the <br /> <br /> <br />preparation of this Agreement, review of Construction Plans and documents, and all costs and <br /> <br /> <br />expenses incurred by the City in monitoring and inspecting development of the Plat. <br /> <br /> <br />B. The Developer shall hold the City and its officers, employees, and agents <br /> <br /> <br />harmless from claims made by it and third parties for damages sustained or costs incurred <br /> <br /> <br />resulting from Plat development. The Developer shall indemnifY the City and its officers, <br /> <br /> <br />employees, and agents for all costs, damages, or expenses that the City may payor incur in <br /> <br />consequence of such claims, including attorneys' fees. <br /> <br /> <br />C. The Developer shall reimburse the City for costs incurred in the <br /> <br /> <br />enforcement of this Agreement or in making a claim against the Security, including engineering <br /> <br /> <br />and attorneys' fees. <br /> <br /> <br />D.. The Developer shall pay in full all bills submitted to it by the City for <br /> <br /> <br />obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not <br /> <br /> <br />paid on time, the City may draw down the $10,000.00 escrow account, identified in Section 17 of <br /> <br /> <br />this Agreement, and may halt Plat development and construction until the bills are paid in full and <br /> <br /> <br />the escrow replenished to its original amount. Bills not paid within thirty (30) days shall accrue <br /> <br /> <br />interest at the rate of eighteen percent (18%) per year. City may at its option draw against <br /> <br /> <br />developer security to reimburse itself for such costs. <br /> <br />21. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any <br /> <br /> <br />of the work to be performed by it hereunder, the City may, at its option, perform the work and <br /> <br />Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition VI S.doc <br /> <br />Page 14 <br />