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the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 4 R. Remedies. Upon the occurrence of a breach of this Agreement by the Developer, the City, in 5 addition to any other remedy which may be available to it shall be permitted to do the 6 following: 7 1. City may make advances or take other steps to cure the default, and where necessary, enter 8 the subject property for that purpose. The Developer shall pay all sums so advanced or expenses 9 incurred by the City upon demand, with interest from the date of such advances or expenses at �0 the rate of 10% per annum. No action taken by the City pursuant to this section shall be deemed � � to relieve the Developer from curing any such default to the extent that it is not cured by the City �2 or from any other default hereunder. The City shall not be obligated, by virtue of the existence �3 or the exercise of this right, to perform any such act or cure any such default. �4 2. The Developer shall defend, indemnify, and hold the City harmless, including reasonable � 5 attorneys fees, from any liability or damages, which may be incurred as a result of the exercise of �6 the City's rights pursuant to this section. 17 3. Obtain an order from a court of competent jurisdiction requiring the Developer to specifically 18 perform its obligations pursuant to the terms and provisions of this Agreement. �9 4. Exercise any other remedies, which may be available to it, including an action for damages. 20 5. Withhold the issuance of a building permit and/or prohibit the occupancy of any building(s) 2 � for which permits have been issued. 22 6. In addition to the remedies and amounts payable set forth or permitted above, upon the 23 occurrence of an Event of Default, the Developer shall pay to the City all fees and expenses, 24 including attorneys fees. Incurred by the City as a result of the Event of Default, whether or not a 25 lawsuit or other action is formally taken. 26 S. Assign. The Developer may not assign this Contract without the written permission of the 27 City Council, except to an affiliate that has acquired one or more of the platted lots. 28 T. Notices to the Developer. Required notices to the Developer shall be in writing, and shall 29 be either hand delivered to the Developer, its employees or agents, or mailed to the 3o Developer by registered mail at the following address: 31 Snelling Avenue, LLC 32 c/o Aeon 33 1625 Park Avenue 34 Minneapolis, MN 55404 35 Attn: Dan Walsh 36 37 U. Notices to the City. shall be either hand delivered or mailed to the City by registered mail in 38 care of the City Engineer at the following address: 39 City of Roseville 40 Attn: City Engineer 41 2660 Civic Center Drive 42 Roseville, Minnesota 55113 Page 7 of 8