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Attachment A
<br />1 agents and contractors harmless from any and all claims of whatever kind or nature which may arise
<br />2 as a result of the construction of the improvements, the development of the Property or the acts of the
<br />3 Developer, and its employees, agents or contractors in connection thereto.
<br />4 1.The Developer shall defend, indemnify, and hold the City and itsmayor, councilmembers and
<br />5 employees harmless from claims made by itself and third parties for damages sustained or costs
<br />6 incurred resulting from Plat approval, development of the Property, construction of the
<br />7 improvements or other work performed on the Property. The Developer shall defend, indemnify,
<br />8 and hold the City and its mayor, councilmembers and employees harmless for all costs, damages
<br />9 or expenses which the City may pay or incur in consequence of such claims, including reasonable
<br />10 attorney’s fees, except with respect to costs, damages and expenses attributable to the gross
<br />11 negligence or willful misconduct of the City and its mayor, councilmembers and employees.
<br />12 2. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
<br />13 attached, all charges, costs and fees due and owing to the Cityreferred to in this Agreement. This
<br />14 is a personal obligation of the Developer and shall continue in full force and effect even if the
<br />15 Developer sells all of the Property, or any part of it.
<br />16 3. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
<br />17 under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the
<br />18 City may, in addition to all other rights and remedies the City may have, halt development and
<br />19 construction work on the Property including, but not limited to, the issuance of building permits
<br />20 for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not
<br />21 paid within thirty (30) days shall accrue interest at the rate of ten percent (10%) per year, or the
<br />22 maximum amount allowed by law, whichever is less.
<br />23 4. The Developer shall reimburse the City for all actual costs incurred in the enforcement of this
<br />24 Agreement, including allreasonable attorney and engineering fees.
<br />25 5. In addition to the charges referred to herein, other charges may be imposed such as, but not
<br />26 limited to, sewer availability charges (“SAC”), City water connection charges, City sewer
<br />27 connection charges, City storm water connection charges and building permit fees. The Developer
<br />28 shall pay all such other charges and fees upon being billed by the City. Notwithstanding the
<br />29 foregoing, the City acknowledges that the Developer will receive SAC assistance from the
<br />30 Roseville Economic Development Authority pursuant to the terms of that certain Contract for
<br />31 Private Development between the Developer and the City.
<br />32 Default.In the event of default by the Developer as to any of the work to be performed by it hereunder,
<br />33 the City may, at its option, perform the work and the Developer shall promptly reimburse the City for
<br />34 any expense incurred by the City, provided the Developer is first given written notice of the work in
<br />35 default not less than thirty (30) days in advance or immediately before the City commences performing
<br />36 such work in the event of an emergency. This Agreement is a license for the City to act, and it shall
<br />37 not be necessary for the City to seek a court order for permission to enter the Property. When the City
<br />38 does any such work, the City may, in addition to its other remedies, assess theactual cost in whole or
<br />39 in part, against the Developer and/or the Property.
<br />40 Remedies. Upon the occurrence and continuationof a breach of this Agreement by the Developer,
<br />41 the City, in addition to any other remedy which may be available to it, shall have the right to do any
<br />42 or all of the following upon not less than thirty (30) days written notice and right to cure:
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