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1 sewer connection charges, City storm water connection charges and building permit fees. 2 The Developer shall pay all such other charges and fees upon being billed by the City. 3 Q.Default. In the event of default by the Developer as to any of the work to be performed by it 4 hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse 5 the City for any expense incurred by the City, provided the Developer is first given notice of the 6 work in default not less than 48 hours in advance or immediately before the City commences 7 performing such work in the event of an emergency. 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 Property. 9 When the City does any such work, the City may, in addition to its other remedies, assess the cost in 10 whole or in part, against the Developer and/or the Property. 11 R.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 have the right to do any or all of the 13 following: 14 1.City may make advances or take other steps to cure the default, and where necessary, 15 enter the Property for that purpose. The Developer shall pay all sums so advanced or 16 expenses incurred by the City upon demand, with interest from the date of such advances 17 or expenses at the rate of 10% per annum or the maximum allowed by law, whichever is 18 less. No action taken by the City pursuant to this section shall be deemed to relieve the 19 Developer from curing any such default or from any other default hereunder. The City 20 shall not be obligated, by virtue of the existenceor the exercise of this right, to perform 21 any such act or cure any such default. 22 2.Obtain an order from a court of competent jurisdiction requiring the Developer to 23 specifically perform its obligations pursuant to the terms and provisions of this 24 Agreement. 25 3.Obtain an order from a court of competent jurisdiction enjoining the continuation of an 26 event of default. 27 4.Halt all development work and construction of improvements until such time as the event 28 of default is cured. 29 5.Withhold the issuance of a building permit and/or prohibit the occupancy of any 30 structure(s) for which permits have been issued. 31 6.Draw upon and utilize the Developer’s Financial Security to cover the costs of the City in 32 order to correct the default, the costs to complete any unfinished Public Improvements, 33 the costs to draw on the Financial Security and/ or the costs to enforce this Agreement. 34 7.Terminate this Agreement by written notice to Developer at which time all terms and 35 conditions contained herein shall be of no further force or effectand all obligations of the 36 parties imposed hereunder shall be null and void. 37 8.Exercise any other remedies which may be available to it at law or in equity. 38 39 In addition to the remedies and amounts payable set forth or permitted above, upon the occurrence 40 of an event of default, the Developer shall pay to the City all fees and expenses, including attorneys 41 fees, incurred by the City as a result of the event ofdefault, whether or not a lawsuit or other action 42 is formally taken. Page 8of