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liability or other damages which may be incurred as a result of <br />the exercise of the City's rights pursuant to this section. <br />B. Obtain an Order from a Court of competent jurisdiction requiring <br />the Developer to specifically perform its obligations pursuant to <br />the terms and provisions of this Agreement. <br />C. Exercise any other remedies which may be available to it <br />including an action for damages. <br />D. Withhold the issuance of any or all building permits and/or <br />prohibit the occupancy of all building(s) for which permits have <br />been issued. <br />E. In addition to the remedies and amounts payable as set forth <br />herein, upon the occurrence of an event of default, the Developer <br />shall pay to the City all fees and expenses, including reasonable <br />attorney, engineering and consulting fees, incurred by the City as <br />a result of the event of default, whether or not a lawsuit or other <br />action is formally taken. <br />IN WITNESS WHEREOF, the City and Developer have caused this Agreement to <br />be executed as of the date and year first above written. <br />ATTEST: <br />Martin Rafferty, City Administrator <br />STATE OF MINNESOTA ) <br />) ss. <br />COUNTY OF ) <br />rarwas] I►1Nzo4��►,n <br />Dean Johnston, Mayor <br />On this _ day of , 2006, before me, a notary public within <br />and for said county, personally appeared Dean Johnston and Martin Rafferty, to me <br />known to be respectively the Mayor and City Administrator of the City of Lake Elmo, <br />and they executed the foregoing instrument and acknowledged that they executed <br />the same by authority of and on behalf of City of Lake Elmo. <br />Notary Public <br />