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<br />8 <br />(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 of the Development. The Developer shall indemnify the City and its officers, employees, <br />and agents for all costs, damages, or expenses which the City may pay or incur in consequence of <br />such 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 Provisions Binding 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.