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Developer has not notified the City by stating in writing the manner in <br /> which the default will be cured and the time within which such default <br /> will be cured,the City will proceed with the remedy it deems appropriate. <br /> B. At any time after the completion date and any extensions thereof,if any of <br /> the work is deemed incomplete,the City may proceed in any one or more <br /> of the following ways to enforce the undertakings herein set forth, and to <br /> collect any and all expenses incurred by the City in connection therewith, <br /> including,but not limited to,engineering,legal,planning and litigation <br /> costs and expense. The enumeration of the remedies hereunder shall be in <br /> addition to any other remedies available to the City. <br /> I. 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 /> acceptable to the City,the City may proceed to bring an action for <br /> 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 the work is <br /> completed in a good and workman-like manner and in accordance <br /> with the approved plans and specifications. Upon completion of <br /> such work,the Developer shall promptly pay the City the full cost <br /> 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,including any other costs, expenses, <br /> and damages for which the surety may be liable hereunder,but not <br /> exceeding the amount set forth on the Letter of Credit. The money <br /> shall be deemed to be held by the City 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 returned to the Developer. <br /> VIII. 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 /> SMWFCU Performance Agreementdoc page 6 of 9 <br />