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23 <br />LA515\163\1077757.v2 <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, <br />the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. <br />33. WARRANTY. During the warranty period, the Developer warrants that all Subdivision <br />Improvements will be free from defects and that they will continue to meet all technical <br />specifications and standards. During the warranty period, the Developer agrees to repair or <br />replace any Subdivision Improvement, or any portion or element thereof, which shows signs of <br />failure, normal wear and tear excepted. If the Developer fails to repair or replace a defective <br />Subdivision Improvement during the warranty period, the City may repair or replace the defective