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Attachment F
<br />of the construction of the improvements, the development of the Property or the acts of the
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<br />Developer, and its employees, agents or contractors in connection thereto.
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<br />1.The Developer shall defend, indemnify, and hold the City and its mayor, councilmembers
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<br />and employees harmless from claims made by itself and third parties for damages
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<br />sustained or costs incurred resulting from Plat approval, development of the Property,
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<br />construction of the improvements or other work performed on the Property. The
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<br />Developer shall defend, indemnify, and hold the City and its mayor, councilmembers and
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<br />employees harmless for all costs, damages or expenses which the City may pay or incur
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<br />in 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. This is a
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<br />personal obligation of the Developer and shall continue in full force and effect even if the
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<br />Developer sells one or more lots, all of the Property, or any part of it.
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<br />3.The Developer shall pay in full all bills submitted to it by the City for obligations
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<br />incurred under this Agreement within thirty (30) days after receipt. If the bills are not
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<br />paid on time, the City may, in addition to all other rights and remedies the City may have,
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<br />halt development and construction work on the Property including, but not limited to, the
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<br />issuance of building permits for lots which the Developer may or may not have sold, until
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<br />the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the
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<br />rate of ten percent (10%) per year or the maximum amount allowed by law, whichever is
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<br />less.
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<br />4.The Developer shall reimburse the City for all costs incurred in the enforcement of this
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<br />Agreement, including all attorney and engineering fees.
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<br />5.In addition to the charges referred to herein, other charges may be imposed such as, but
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<br />SAC
<br />not limited to, sewer availability charges (“”), City water connection charges, City
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<br />sewer connection charges, City storm water connection charges and building permit fees.
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<br />The Developer shall pay all such other charges and fees upon being billed by the City.
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<br />Default.
<br />T. In the event of default by the Developer as to any of the work to be performed by it
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<br />hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse
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<br />the City for any expense incurred by the City, provided the Developer is first given notice of the
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<br />work in default not less than 48 hours in advance or immediately before the City commences
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<br />performing such work in the event of an emergency. This Agreement is a license for the City to act,
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<br />and it shall not be necessary for the City to seek a court order for permission to enter the Property.
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<br />When the City does any such work, the City may, in addition to its other remedies, assess the cost in
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<br />whole or in part, against the Developer and/or the Property.
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<br />Remedies.
<br />U. Upon the occurrence of a breach of this Agreement by the Developer, the City, in
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<br />addition to any other remedy which may be available to it, shall have the right to do any or all of the
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<br />following:
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<br />1.City may make advances or take other steps to cure the default, and where necessary,
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<br />enter the Property for that purpose. The Developer shall pay all sums so advanced or
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<br />expenses incurred by the City upon demand, with interest from the date of such advances
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<br />or expenses at the rate of 10% per annum or the maximum allowed by law, whichever is
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<br />less. No action taken by the City pursuant to this section shall be deemed to relieve the
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<br />Page 9 of 15
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