WG 16-1; SR 16-1; ARB 16-3 <br />damages in the event of Developer's breach will be difficult to ascertain with reasonable <br />certainty because one of City's primary interest in this Agreement is the protection of the <br />public health, safety, and welfare of its citizens a measure that is inherently difficult to <br />calculate. The amount of City's damages being difficult to ascertain, it is thus mutually <br />agreed that damages shall be computed on the basis of $250 per day for each day each <br />breach continues. It is further recognized and agreed between the parties that the <br />damages of $250 per day are in the nature of liquidated damages and are not construed as <br />a penalty. <br />c. Specific Performance: As a further and separate remedy, the City may, within its sole <br />discretion, seek specific performance by way of suit in equity against any of the parties to <br />this Agreement in Circuit Court of the State of Oregon for Lane County. <br />d. Attorney Fees: In any suit or action brought upon this Agreement, the prevailing party <br />shall be entitled to a reasonable attorney's fee to be assessed by the trial or appellate <br />court as the case may be. <br />4. SUCCESSOR INTEREST <br />This Agreement shall be binding upon the heirs, executors, administrators, and assigns of both <br />parties and is a condition and covenant running with the land and binding upon the above- <br />described areas of real property. The Parties shall execute a memorandum of this Agreement <br />suitable for recording with the Lane County Deeds and Records Office. City shall record the <br />memorandum and provide Developer with a copy of the recorded document. <br />THIS AGREEMENT is NOT authorization to begin operation or to begin construction. An application <br />for authorization to begin operation or to begin construction (a building permit) may be made at <br />the City Building Division. <br />DEVELOPER: <br />BY: $ BY <br />Arvind Patel (date) <br />Valley Hospitality LLC <br />CITY OF EUGENE: <br />STATE OF <br />COUNTY OF GIt^ <br />D(--, c6jZPjXC6 <br />Gabe Flock, Senior Planner for (date) <br />City of Eugene <br />Page 4 of 5 <br />