06-E Downtown Alt Sewer Collec - Laserfiche WebLink

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