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more of the following ways to enforce the undertakings herein set forth, <br />and to collect any and all expenses reasonably incurred by the City in <br />connection therewith, including, but not limited to, engineering, legal, <br />planning and litigation costs and expense. The enumeration of the <br />remedies hereunder shall be in addition to any other remedies available <br />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 <br />completed within a specified reasonable time. If the Developer <br />fails to cause the Work to be done and completed in a manner <br />and time reasonably acceptable to the City, the City may proceed <br />to bring an action for specific performance to require work to be <br />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 <br />contract, by day labor or by regular City forces. The Developer <br />may not question the manner of doing such work or the letting of <br />any such contracts for the doing of any such work; provided that <br />all such work is performed in a reasonable manner, the costs are <br />reasonable and the work is completed in a good and workman- <br />like manner and in accordance with the approved plans and <br />specifications. Upon completion of such work, the Developer <br />shall promptly pay 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, <br />the 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 <br />surety may be liable hereunder, but not exceeding the amount set <br />forth on the Letter of Credit. The money shall be deemed to be <br />held by the City for the purpose of reimbursing the City for any <br />reasonable costs incurred in completing the Work as hereinafter <br />specified. Any funds remaining after completion of the project <br />shall be promptly returned to the Developer. <br />IX. OCCUPATION OF PREMISES. Not Applicable. <br />Phelps Road Stockpile Site Performance Agreement page 6 of 10 <br />Page 119 of 142 <br />