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RCA Attachment E 1 Withhold the issuance of a building permit and/or prohibit the occupancy of any 2 structure(s) for which permits have been issued. 3 Draw upon and utilize the DeveloperÓs Financial Security to cover the costs of the City in 4 order to correct the default, the costs to complete any unfinished Public Improvements, 5 the costs to draw on the Financial Security and/or the costs to enforce this Agreement. 6 Terminate this Agreement by written notice to Developer at which time all terms and 7 conditions contained herein shall be of no further force or effect and all obligations of the 8 parties imposed hereunder shall be null and void. 9 Exercise any other remedies which may be available to it at law or in equity. 10 In addition to the remedies and amounts payable set forth or permitted above, upon the 11 occurrence of an event of default, the Developer shall pay to the City all fees and 12 expenses, including attorneyÓs fees, incurred by the City as a result of the event of 13 default, whether or not a lawsuit or other action is formally taken. 14 The Developer shall defend, indemnify, and hold the City and its mayor, 15 councilmembers, employees, agents and contractors harmless from any liability or 16 damages, including reasonable attorneyÓs fees, which may be incurred as a result of the 17 exercise of the CityÓs rights pursuant to this Agreement. 18 U. Assignment. The Developer may not assign this Agreement without the written permission of the 19 Roseville City Council. 20 V. Notices to the Developer. Required notices to the Developer shall be in writing, and shall be either 21 hand delivered to the Chief Executive Officer or another officer, employee or agent of the 22 Developer, or mailed to the Developer by registered or certified mail at the following address: 23 Builders Lot Group, LLC th 24 9531 West 78 Street #135 25 Eden Prairie, MN 55344 26 Attn: Melvin Moore 27 28 W. Notices to the City. Required notices to the City shall be either hand delivered to the City Engineer, 29 or mailed to the City by registered or certified mail in care of the City Engineer at the following 30 address: 31 City of Roseville 32 2660 Civic Center Drive 33 Roseville, Minnesota 55113 34 Attn: City Engineer 35 X. Miscellaneous. 36 The Developer shall comply with any and all applicable City, County, Metropolitan, 37 State and Federal laws and regulations including, but not limited to: subdivision 38 ordinances, zoning ordinances and environmental regulations that may apply to the Plat, 39 the development of the Property, and the construction of the Public Improvements 40 described herein. Page 9 of 14 Page 9 of 14