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23 <br />LA515\137\947791.v5 <br />A. The City may suspend its performance under the Agreement until it receives <br />assurances from the Developer, deemed adequate by the City that the Developer <br />will cure its default and continue its performance under the Agreement. Suspension <br />of performance includes the right of the City to withhold permits, including, but not <br />limited to, building permits and certificates of occupancy. <br />B. The City may initiate such action, including legal or administrative action, as is <br />necessary for the City to secure performance of any provision of this Agreement or <br />recover any amounts due under this Agreement from the Developer, or immediately <br />draw on the Security, as set forth in this Agreement. <br />32. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of <br />the City to enforce the terms of this Agreement against the Developer, by action for specific <br />performance or damages, or both, or by any other legally authorized means. In the event of a <br />default by the Developer as to construction or repair of any of the Subdivision Improvements or <br />any other work or undertaking required by this Agreement, the City may, at its option and following <br />written notice and an opportunity to cure, perform the work and the Developer shall promptly <br />reimburse the City for any expense incurred by the City. This Agreement is a license for the City <br />to act, and it shall not be necessary for the City to seek an order from any court for permission to <br />enter the Subdivision for such purposes. If the City does such work, the City may, in addition to <br />its other remedies, levy special assessments against the land within the Subdivision to recover <br />the costs thereof. For this purpose, the Developer, for itself and its successors and assigns, <br />expressly waives any and all procedural and substantive objections to the special assessments, <br />including, but not limited to, hearing requirements, and any claim that the assessments exceed <br />the benefit to the land so assessed. The Developer, for itself and its successors and assigns, <br />also waives any appeal rights otherwise available pursuant to Minnesota Statutes Section <br />429.081.