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<br />The failure of the Developer to comply with any applicable ordinance or <br />statutes with respect to the development and operation of the subj ect <br />property. <br /> <br />Subd. 19. <br /> <br />Remedies. Upon the occurrence of an Event of Default, the City, in <br />addition to any other remedy which may be available to it shall be <br />permitted to do the following: <br /> <br />A. City may make advances or take other steps to cure the default, <br />and where necessary, enter the subject property for that purpose. <br />The Developer shall pay all sums so advanced or expenses <br />incurred by the City upon demand, with interest from the date of <br />such advances or expenses at the rate of 10% per annum. No <br />action taken by the City pursuant to this section shall be deemed to <br />relieve the Developer from curing any such default to the extent <br />that it is not cured by the City or from any other default hereunder. <br />The City shall not be obligated, by virtue of the existence or the <br />exercise of this right, to perform any such act or cure any such <br />default. <br /> <br />B. The Developer shall save, indemnify, and hold harmless, including <br />reasonable attorneys fees, the City from any liability or damages, <br />which may be incurred as a result of the exercise of the City's <br />rights pursuant to this section. <br /> <br />C. Obtain an order from a court of competent jurisdiction requiring <br />the developer to specifically perform its obligations pursuant to the <br />terms and provisions ofthis Agreement. <br /> <br />D. Exercise any other remedies, which may be available to it, <br />including an action for damages. <br /> <br />E. Withhold the issuance of a building permit and/or prohibit the <br />occupancy of any building( s) for which permits have been issued. <br /> <br />F. In addition to the remedies and amounts payable set forth or <br />permitted above, upon the occurrence of an Event of Default, the <br />Developer shall pay to the City all fees and expenses, including <br />attorneys fees. Incurred by the City as a result of the Event of <br />Default, whether or not a lawsuit or other action is formally taken. <br /> <br />IN WITNESS WHEREOF, the City and the Developer have executed this Agreement. <br /> <br />Approved by the City Council of Arden Hills, Minnesota, this _ day of <br /> <br />,2007. <br /> <br />8 <br />