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17 <br /> <br />that the special assessments exceed benefit to the FINAL PLAT. The DEVELOPER <br />hereby waives any appeal rights otherwise available pursuant to Minn. Stat.§ 429.081. <br /> <br />12.2. NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event <br />any agreement contained in this DEVELOPMENT AGREEMENT is breached by the <br />DEVELOPER and thereafter waived in writing by the CITY, such waiver shall be limited to <br />the particular breach so waived and shall not be deemed to waive any other concurrent, <br />previous or subsequent breach hereunder. All waivers by the CITY must be in writing. <br /> <br />12.3. NO REMEDY EXCLUSIVE. No remedy herein contained upon or reserved <br />to the CITY shall be exclusive of any other available remedy or remedies, but each and every <br />such remedy shall be cumulative and shall be in addition to every other remedy given under <br />the DEVELOPMENT AGREEMENT or now or hereafter existing at law or in equity or by <br />statute. No delay or omission to exercise any right or power accruing upon any default shall <br />impair any such right or power or shall be construed to be a waiver thereof, but any such right <br />and power may be exercised from time to time and as often as may be deemed expedient. In <br />order to entitle the CITY to exercise any remedy reserved to it, it shall not be necessary to <br />give notice, other than the FORMAL NOTICE. <br /> <br />12.4. EMERGENCY. Notwithstanding the requirement contained in Section 12.1 <br />hereof relating to FORMAL NOTICE to the DEVELOPER in case of a DEVELOPER <br />DEFAULT and notwithstanding the requirement contained in Section 12.1 hereof relating to <br />giving the DEVELOPER a right to cure the DEVELOPER DEFAULT, in the event of an <br />emergency as determined by the CITY ENGINEER, resulting from the DEVELOPER <br />DEFAULT, the CITY may perform the work or improvement to be performed by the <br />DEVELOPER without giving any notice or FORMAL NOTICE to the DEVELOPER and <br />without giving the DEVELOPER the right to cure the DEVELOPER DEFAULT. In such case, <br />the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the <br />CITY for any and all costs incurred by the CITY. In the alternative, the CITY may, in whole <br />or in part, specially assess the costs and expenses incurred by the CITY; and the DEVELOPER <br />hereby waives any and all procedural and substantive objections to the installation and <br />construction of the work and improvements and the special assessments resulting therefrom, <br />including, but not limited to, notice and hearing requirements and any claim that the special <br />assessments exceed benefit to the FINAL PLAT. The DEVELOPER hereby waives any <br />appeal rights otherwise available pursuant to Minn. Stat.§ 429.081. <br /> <br /> <br />ARTICLE 13 <br />FINANCIAL OBLIGATIONS <br /> <br />13.1. DEVELOPER'S LETTER OF CREDIT AMOUNT. Prior to release of the <br />FINAL PLAT for recording, the DEVELOPER shall deposit with the CITY an irrevocable <br />LOC for the amounts required in Exhibit C. In lieu of an irrevocable LOC, DEVELOPER may <br />deposit cash or other security acceptable to CITY. <br /> <br />All cost estimates shall be acceptable to the CITY ENGINEER. The bank and form of