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Attachment G I connection charges, City storm water connection charges and building permit fees. The 2 Developer shall pay all such other charges and fees which Developer is legally or contractually 3 obligated to pay upon being billed by the City. 4 S. Default. In the event of default by the Developer as to any of the work to be performed by it 5 hereunder,, the City may,, at its option, perform the work and the Developer shall promptly reimburse 6 the City for any expense incurred by the City, provided the Developer is first given notice of the 7 work in default,, not less than 48 hours in advance. This Agreement is a license for the City to act, 8 and it shall not be necessary for the City to seek a court order for permission to enter the land. When 9 the City does any such work, the City may, in addition to its other remedies, assess the cost in whole 10 or in part against the Developer and/or the Property. I I T. Remedies. Upon the occurrence of a breach of this Agreement by the Developer, the City, in 12 addition to any other remedy which may be available to it, shall be permitted to do the following.- 13 1. The City may make advances or take other steps to cure the default, and where necessary, 14 enter the Property for that purpose. The Developer shall pay all sums so advanced or expenses 15 incurred by the City upon demand, with interest from the date of such advances or expenses at 16 the rate of 10% per annum or the maximum amount allowed by law, whichever is less. No 17 action taken by the City pursuant to this section shall be deemed to relieve the Developer from 18 curing any such default to the extent that it is not cured by the City or from any other default 19 hereunder. The City shall not be obligated, by virtue of the existence or the exercise of this right, 20 to perform any such act or cure any such default. 21 2. The Developer shall defend, indemnify, and hold the City and its mayor, council members, 22 employees, agents and contractors, harmless, including reasonable attorneys fees, from any 23 liability or damages which may be incurred as a result of the exercise of the City's rights 24 pursuant to this or the preceding section. 25 3. Obtain an order from a court of competent jurisdiction requiring the Developer to specifically 26 perform its obligations pursuant to the terms and provisions of this Agreement. 27 4. Obtain an order from a court of competent jurisdiction enjoining the continuation of an event 28 of default. 29 5. Halt all development work and construction of improvements until such time as the event of 30 default is cured. 31 6. Withhold the issuance of a building permit or permits and/or prohibit the occupancy of any 32 structure(s) for which permits have been issued. 33 7. Draw upon and utilize the Developer's letter of credit to cover the costs of the City in order 34 to correct the default,, the costs to complete any unfinished Public Improvements,, the costs to 35 draw on the Letter of Credit and/ or the costs to enforce this Agreement. 36 37 8. Terminate this Agreement by written notice to Developer at which time all terms and 38 conditions contained herein shall be of no further force or effect and all obligations of the parties 39 imposed hereunder shall null and void. 40 9. Exercise any other remedies which may be available to it at law or in equity Page 8 of 15