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5. THE FOR PERFORMANCE; COMPLETION BY CITY ON DEFAULT <br />Developer agrees to complete the improvements required by this <br />agreement on or before October 1, 1986. <br />In the event Developer fails to complete the said improvements <br />within the time provided by this agreement, then the City may at its <br />option bring an action in a court of competent jurisdiction for an <br />order compelling Developer to complete the improvements or the City <br />may complete the improvements or cause the same to be completed. In <br />either case, Developer agrees to pay, in addition to the cost of <br />completing said improvements, any reasonable legal, engineering or <br />other fees or expenses incurred by the City in connection with the <br />completion thereof or the enforcement of this agreement upon default <br />of the Developer. <br />6. BINDING EFFECT <br />The terms and provisions hereof shall be binding upon and inure <br />to the benefit.of the heirs, representatives, successors and assigns <br />of the parties hereto and shall be binding upon all future owners of <br />all or any part of the Subdivision and shall be deemed covenants._. <br />running with the land. References herein to Developer, if there be <br />more than one, shall mean each and all of them. This agreement, at <br />the option of the City, shall be placed of record so as to give notice <br />hereto to subsequent purchasers and encumbrancers of all or any part <br />of the Subdivision and all recording fees, if any, shall be paid by <br />the Developer. <br />7. NOTICES <br />Whenever in this agreement it shall be required or permitted that <br />notice or demand be given or served by either party to this agreement <br />to or on the other party, such notice or demand shall be delivered <br />I <br />