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Attachment J
<br />I all costs incurred pertaining to the inspection and monitoring of the work performed and
<br />2 improvements constructed on the Property. The City shall not be obligated to pay the Developer or
<br />3 any of its agents or contractors for any costs incurred in connection with the construction of the
<br />4 improvements or the development of the Property. The Developer agrees to defend, indemnify, and
<br />5 hold the City and its mayor, councilmembers, employees,, agents and contractors harmless from any
<br />6 and all claims of whatever kind or nature which may arise as a result of the construction of the
<br />7 improvements, the development of the Property or the acts of the Developer, and its employees,
<br />8 agents or contractors in relationship thereto.
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<br />1. The Developer shall defend, indemnify, and hold the City and its mayor, councilmembers
<br />10
<br />and employees harmless from claims made for damages sustained or costs incurred
<br />I I
<br />resulting from Plat approval and/or the development of the Property. The Developer
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<br />shall defend,, indemnify, and hold the City and its mayor, councilmembers and employees
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<br />harmless for all costs,, damages or expenses which the City may pay or incur in
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<br />consequence of such claims, including attorney's fees.
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<br />2. The Developer shall pay, or cause to be paid when due, and in any event before any
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<br />penalty is attached, all charges, costs and fees referred to in this Agreement. The
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<br />foregoing shall be a personal obligation of the Developer and shall continue in full force
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<br />and effect even if the Developer sells one or more lots, all of the Property, or any part of
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<br />it.
<br />20 3. The Developer shall pay in full all bills submitted to it by the City for obligations
<br />21 incurred under this Agreement within thirty (30) days after receipt. If the bills are not
<br />22 paid on time, the City may, in addition to all other rights and remedies the City may have,
<br />23 halt plat development work and construction including, but not limited to, the issuance of
<br />24 building permits for lots which the Developer may or may not have sold, until the bills
<br />25 are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of
<br />26 ten percent (10%) per annum or the maximum amount allowed by law, whichever is less.
<br />27 4. The Developer shall reimburse the City for all costs incurred in the enforcement of this
<br />28 Agreement, including all attorney and engineering fees.
<br />29 5. In addition to the charges referred to herein, other charges may be imposed such as, but
<br />30 not limited to,, sewer availability charges ("SAC"'),, City water connection charges, City
<br />31 sewer connection charges, City storm water connection charges and building permit fees.
<br />32 The Developer shall pay all such other charges and fees upon being billed by the City.
<br />33 T. Default. In the event of default by the Developer as to any of the work to be performed by it
<br />34 hereunder,, the City may,, at its option, perform the work and the Developer shall promptly reimburse
<br />35 the City for any expense incurred by the City, provided the Developer is first given notice of the
<br />36 work in default,, not less than 48 hours in advance. This Agreement is a license for the City to act,
<br />37 and it shall not be necessary for the City to seek a court order for permission to enter the land. When
<br />38 the City does any such work, the City may, in addition to its other remedies, assess the cost in whole
<br />39 or in part against the Developer and/or the Property.
<br />40 U. Remedies. Upon the occurrence of a breach of this Agreement by the Developer, the City, in
<br />41 addition to any other remedy which may be available to it, shall be permitted to do the following.-
<br />42 1. The City may make advances or take other steps to cure the default, and where necessary,
<br />43 enter the Property for that purpose. The Developer shall pay all sums so advanced or
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