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• <br />of the remedies hereunder shall be in addition to any other remedies <br />available to the City by law. <br />1. Specific Performance. The City may in writing direct the surety, if <br />applicable, or the Developer to cause the Work to be undertaken <br />and completed within a specified reasonable time. If the <br />Developer fails to cause the Work to be done and completed in a <br />manner and time reasonably acceptable to the City, the City may <br />proceed to bring an action for specific performance to require work <br />to be undertaken. <br />2. Completion by the City. The City, after first providing written <br />notice, may enter the premises and proceed to have the Work done <br />either by contract, by day labor or by regular City forces. The <br />Developer may not question the manner of doing such work or the <br />letting of any such contracts for the doing of any such work. Upon <br />completion of such work, the Developer shall promptly pay the <br />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 />estimated cost of completing the Work, plus the City's estimated <br />expenses as defined herein at Article VI, but not exceeding the <br />amount set forth on the Letter of Credit. The money shall be <br />deemed to be held by the City in trust for the purpose of <br />reimbursing the City for any costs incurred in completing the Work <br />as hereinafter specified. Any funds remaining after completion of <br />the project shall be promptly returned to the Developer. <br />VIII. OCCUPATION OF PREMISES <br />The church is already occupied and the parking expansion described by the <br />approved Plans does not affect occupancy. <br />IX. REIMBURSEMENT OF COSTS FOR DEFENSE <br />The Developer agrees to reimburse the City for all reasonable costs incurred by <br />the City in defense of enforcement of this Agreement, or any portion thereof, <br />including court costs and reasonable engineering and attorneys' fees if the City <br />prevails in such action. <br />Eagle Brook Performance Agreement 2011 page 6 of 8 <br />