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<br /> Agreement are special, unique and of an extraordinary character, <br />. and that, in the event that Developer violates, or fails, or <br /> refuses to perform any covenant, condition, or provision made <br /> herein, City may be without an adequate remedy at law. Developer <br /> agrees, therefore, that in the event Developer violates, fails or <br /> refuses to perform any covenant, condition or provision made <br /> herein, City may--at its option--institute and prosecute an <br /> action specifically to enforce performance of such covenant. <br /> No remedy conferred in this Agreement is intended to be <br /> exclusive and each shall be cumulative and shall be in addition <br /> to every other remedy. The election of anyone or more remedies <br /> shall not constitute a waiver of any other remedy. Failure of <br /> the City promptly to take legal or equitable action to enforce <br />. this Agreement or the performance bond or letter of credit after <br /> expiration of the time within which the' Developer [Project] <br /> Improvements are to be completed will not waive or release any <br /> rights of the City, and the City can take legal action at any <br /> time thereafter. <br /> Developer agrees to reimburse the City for all costs <br /> incurred by the City in enforcement of this Agreement or any <br /> portion thereof including all engineering and attorneys' fees and <br /> costs and disbursements incurred therewith. <br /> 7 . City's Approval of Landscaping and Lighting Plans and <br /> Screeninq of Rooftop Mechanical Equipment. The City shall not be <br /> required to issue a building permit to Developer for Developer's <br /> construction of a building on Lot 2, Block 1 and on any other <br />. lots in the Subdivision until Developer shall have first obtained <br /> the approval by the City's Planner of Developer's landscaping and <br /> - 15 - <br /> , - <br />