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therewith, including, but not limited to, engineering, legal, planning and <br /> litigation costs and expense. The enumeration of the remedies hereunder <br /> shall be in addition to any other remedies available to the City. <br /> 1. Specific Performance. The City may in writing direct the surety or <br /> the Developer to cause the Work to be undertaken and completed <br /> within a specified reasonable time. If the Developer fails to cause <br /> the Work to be done and completed in a manner and time <br /> reasonably acceptable to the City, the City may proceed to bring an <br /> action for specific performance to require work to be undertaken. <br /> 2. Completion by the City. The City, after written notice, may enter <br /> the premises and proceed to have the Work done either by contract, <br /> by day labor or by regular City forces. The Developer may not <br /> question the manner of doing such work or the letting of any such <br /> contracts for the doing of any such work; provided that all such <br /> work is performed in a reasonable manner, the costs are reasonable <br /> and the work is completed in a good and workman-like manner <br /> and in accordance with the approved plans and specifications. <br /> Upon completion of such work, the Developer shall promptly pay <br /> the City the full cost thereof as aforesaid. <br /> 3. Deposit of Financial Guarantee. In the event the financial <br /> guarantee has been submitted in the form of a Letter of Credit, the <br /> City may draw on the Letter of Credit the sum equal to the <br /> reasonably estimated cost of completing the Work, plus the City's <br /> reasonably estimated expenses as defined herein, including any <br /> other reasonable costs, expenses, and damages for which the surety <br /> may be liable hereunder, but not exceeding the amount set forth on <br /> the Letter of Credit. The money shall be deemed to be held by the <br /> City for the purpose of reimbursing the City for any reasonable <br /> costs incurred in completing the Work as hereinafter specified. <br /> Any funds remaining after completion of the project shall be <br /> promptly returned to the Developer. <br /> IX. OCCUPATION OF PREMISES. <br /> The Developer agrees that it will not cause to be occupied any portion of the <br /> building or improvements to be constructed upon the premises until completion of <br /> the building and site improvements as more fully described in the approved plans <br /> and following issuance of a Certificate of Occupancy. <br /> X. INSURANCE. <br /> Developer or its general contractor shall take out and maintain until one year after <br /> the City accepted the Developer Improvements, public liability and property <br /> Glamos Wire, Inc. Site Performance Agreement page 7 of 11 <br />