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(02) The Developer shall hold the City and its officers, employees, and agents harmless from <br /> claims made by itself and third parties for damages sustained or costs incurred resulting from plat <br /> approval and development. The Developer shall indemnify the City and its officers, employees, and <br /> agents for all costs, damages, or expenses which the City may pay or incur in consequence of such <br /> claims,including attorneys' fees. <br /> (03) The Developer shall reimburse the City for costs incurred in the enforcement of this <br /> Agreement,including engineering and attorneys' fees. <br /> (04) The Developer shall pay, or cause to be paid when due, and in any event before any penalty <br /> is attached,all special assessments referred to in this Agreement. This is a personal obligation of the <br /> Developer and shall continue in full force and effect even if the Developer sells one or more lots,the <br /> entire plat,or any part of it. <br /> (05) The Developer shall pay in full all bills submitted to it by the City for obligations incurred <br /> under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City <br /> may halt development and construction within the Subdivision until the bills are paid in full. Bills not <br /> paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%)per year. <br /> (06) In addition to the charges and special assessments referred to herein, other charges and <br /> special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), <br /> Municipal water connection charges, City sewer connection charges,and building permit fees. <br /> 11. General ProvisionsBinding Effect. The terms and provisions hereof shall be binding upon, and <br /> inure to the benefit of the heirs,representatives,successors and assigns of the parties hereto and shall <br /> be binding upon all future owners of all or part of the Subdivision and shall be deemed covenants <br /> running with the land. References herein to Developer, if there be more than one, shall mean each <br /> and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent <br /> purchasers and encumbrances of all or any part of the Subdivision,and all recording fees,if any,shall <br /> be paid by the Developer. <br /> (02) Severable. In the event that any portion of this Agreement shall be held invalid for any <br /> reason, the same shall not affect in any respect whatsoever the validity of the remainder of this <br /> Agreement. <br /> (03) Waiver. Any waiver, whether express or implied, by any party of a breach of any provision <br /> of this Agreement will not operate as or be construed to be a waiver of any subsequent breach of this <br /> Agreement. <br /> (04) Construction Times. All construction activities shall be confined to the following hours of <br /> operation: <br /> Monday- Friday 6:00 AM until 9:00 PM <br /> Saturday 8:00 AM until 5:00 PM (only with 48 hour advance notice to the <br /> City Engineer or their representatives) <br /> Sunday Not Allowed <br /> This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any <br /> deviation from the above hours is subject to approval of the City Council. <br /> 8 <br />