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<br />18 <br />LA515\147\1015204.v1 <br />LA515\147\1015204.v1 <br />performance includes the right of the City to withhold permits including, but not <br />limited to, building permits. <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 />27. 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, perform the <br />work and the Developer shall promptly reimburse the City for any expense incurred by the City. <br />This Agreement is a license for the City to act, and it shall not be necessary for the City to seek <br />an order from any court for permission to enter the Subdivision for such purposes. If the City <br />does such work, the City may, in addition to its other remedies, levy special assessments against <br />the land within the Subdivision to recover the costs thereof. For this purpose, the Developer, for <br />itself and its successors and assigns, expressly waives any and all procedural and substantive <br />objections to the special assessments, including, but not limited to, hearing requirements, and <br />any claim that the assessments exceed the benefit to the land so assessed. The Developer, for <br />itself and its successors and assigns, also waives any appeal rights otherwise available pursuant <br />to Minnesota Statutes Section 429.081. <br />The Developer also acknowledges that its failure to perform any or all of the Developer’s <br />obligations under this Agreement may result in substantial damages to the City; that in the event <br />of default by the Developer, the City may commence legal action to recover all damages, losses <br />and expenses sustained by the City; and that such expenses may include, but are not limited to,