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<br />City sewer collector, including any and all customary tap fees or other costs <br />associated with and due and payable under the City's ordinances for a new sewer <br />connection; and to otherwise comply with all rules, regulations, and ordinances of <br />the City, including, but not limited to, the Historic Preservation Ordinance, Zoning <br />Ordinance, and building codes. <br /> <br />III. From and after completion of the alternative sewer collector, the said line or lines shall be <br />the sole property of the City, and the Developer shall have no claim of ownership or <br />contribution for the cost of extending said sewer collector. The City shall be entitled to <br />allow connection to the aforesaid alternative sewer collector pursuant to the City's general <br />policies for same, without obligation for reimbursement or other liability or cost to <br />Developer. <br /> <br />IV. The Developer does hereby grant to the City a contractual lien on the Property, to further <br />secure the City's cost of construction of the sewer collector line. Said lien shall be a first <br />and prior lien on the property, subject only to a duly filed and perfected purchase money <br />lien, mechanic's lien, or other state, county, school district, or municipal property tax lien <br />currently on record as of the date of execution of this Agreement, or entitled to superior <br />status by state law. Otherwise, this contractual lien shall be and remain a lien on the <br />Property superior to any and all other liens subsequently filed against said Property until <br />such time as the full amount due and payable to the City under this contract shall be paid. <br />Following the final payment due to the City, the City shall execute a release in proper form <br />releasing the City's lien against the Property. As a condition of this Agreement, Developer <br />shall sign any and all documents associated with the perfection of said lien, including a <br />notice of lien or other instrument in appropriate form for filing in the Real Property Lien <br />Records of Lamar County, Texas. <br /> <br />V. The following shall constitute events of breach by Developer under this Agreement: <br /> <br />A. Failure to timely pay a monthly installment due and payable at the same time as the <br />water and sewer payments are due for said Property in accordance with the City's <br />ordinance. Provided, however, should the Developer, for any reason, terminate <br />water and sewer service on the Property, then the full amount of the Developer's <br />share of the costs then outstanding shall be due and payable to the City within ten <br />(10) days of termination of said water and sewer service. <br /> <br />B. Failure to timely pay any water and/or sewer charges due on the Property. <br /> <br />C. Failure to timely pay any taxes due on said Property, subject to right of protest and <br />appeal as stated herein. <br /> <br />Page 4 of 11 <br />