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Developer or any of its agents or contractors for any costs incurred in connection with the
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<br />construction of the improvements or the development of the Property. The Developer agrees to
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<br />defend, indemnify, and hold the City and its mayor, councilmembers, employees, agents and
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<br />contractors harmless from any and all claims of whatever kind or nature which may arise as a result
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<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 Developershall defend, indemnify, and holdthe Cityand 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,developmentof the Property,
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<br />construction of the improvements or other work performed on the Property. The
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<br />Developershall defend, indemnify, and holdthe Cityand its mayor, councilmembersand
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<br />employees harmless for all costs, damages or expenses which the Citymay pay or incur
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<br />in consequence of such claims, including attorney’s fees.
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<br />2.The Developershall 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 feesreferred to in this Agreement. This is a
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<br />personal obligation of the Developerand shall continue in full force and effect even if the
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<br />Developersells one or more lots, all of the Property, or any part of it.
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<br />3.The Developershall pay in full all bills submitted to it by the Cityfor obligations
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<br />incurred under this Agreementwithin thirty (30) days after receipt. If the bills are not
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<br />paid on time, the Citymay, in addition to all other rights and remedies the City may have,
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<br />halt development and constructionwork on the Propertyincluding, but not limited to, the
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<br />issuance of building permits for lots which the Developermay 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 (“”), Citywater connection charges, City
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<br />sewer connection charges, Citystorm 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 Developeras to any of the work to be performed by it
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<br />hereunder, the Citymay, at its option, perform the work and the Developershall promptly reimburse
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<br />the Cityfor any expense incurred by the City, provided the Developeris first given notice of the
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<br />work in default not less than 48 hours in advanceor immediately before the City commences
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<br />performing such work in the event of an emergency. This Agreementis a license for the Cityto act,
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<br />and it shall not be necessary for the Cityto seek a court order for permission to enter the Property.
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<br />When the Citydoes any such work, the Citymay, 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 theDeveloper, 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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