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1 4. In addition to the charges referred to herein, other charges may be imposed such as, but 2 not limited to, sewer availability charges ( "SAC''), City water connection charges, City 3 sewer connection charges, City storm water connection charges and building permit fees. 4 The Developer shall pay all such other charges and fees 5 T. Default. In the event of default by the Developer as to any of the work to be performed by it 6 hereunder,, the City may, at its option, perform the work and the Developer shall promptly reimburse 7 the City for any expense incurred by the City, provided the Developer is first given notice of the 8 work in default,, not less than 48 hours in advance. This Agreement is a license for the City to act, 9 and it shall not be necessary for the City to seek a court order for permission to enter the land. When 10 the City does any such work, the City may, in addition to its other remedies, assess the cost in whole I I or in part. 12 U. Remedies. Upon the occurrence of a breach of this Agreement by the Developer, the City, in 13 addition to any other remedy which may be available to it shall be permitted to do the following.- 14 1. City may make advances or take other steps to cure the default, and where necessary, 15 enter the subject property for that purpose. The Developer shall pay all sums so 16 advanced or expenses incurred by the City upon demand, with interest from the date of 17 such advances or expenses at the rate of 10% per annum. No action taken by the City 18 pursuant to this section shall be deemed to relieve the Developer from curing any such 19 default to the extent that it is not cured by the City or from any other default hereunder. 20 The City shall not be obligated, by virtue of the existence or the exercise of this right, to 21 perform any such act or cure any such default. 22 2. The Developer shall defend, indemnify, and hold the City harmless, including reasonable 23 attorneys fees, from any liability or damages, which may be incurred as a result of the 24 exercise of the City's rights pursuant to this section. 25 3. Obtain an order from a court of competent jurisdiction requiring the Developer to 26 specifically perform its obligations pursuant to the terms and provisions of this 27 Agreement. 28 4. Exercise any other remedies, which may be available to it, including an action for 29 damages. 30 5. Withhold the issuance of a building permit and/or prohibit the occupancy of any 31 building(s) for which permits have been issued. 32 6. Draw upon and utilize the Developer's letter of credit to cover the costs of the City in 33 order to correct the default,, the costs to complete any unfinished Public Improvements, 34 the costs to draw on the Letter of Credit and/ or the costs to enforce this Agreement. 35 7. In addition to the remedies and amounts payable set forth or permitted above, upon the 36 occurrence of an Event of Default,, the Developer shall pay to the City all fees and 37 expenses, including attorneys fees, incurred by the City as a result of the Event of 38 Default,, whether or not a lawsuit or other action is formally taken. 39 40 V. Assign. The Developer may not assign this Contract without the written permission of the City 41 Council Page 9 of 13