CU 18-1 <br />between the parties that the damages of $250 per day are iKthe nature of liquidated <br />damages and are not construed as 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 <br />to 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 <br />both parties and is a condition and covenant running with the land and binding upon the <br />above-described areas of real property. The Parties shall execute a memorandum of this <br />Agreement suitable for recording with the Lane County Deeds and Records Office. City <br />shall record the memorandum and provide Developer with a copy of the recorded <br />document. <br />THIS AGREEMENT is NOT authorization to begin operation or to begin construction. An <br />application for authorization to begin operation or to begin construction (a building permit) <br />may be made at the City Building Division. <br />DEVELOPER: CITY OF EUGENE: <br />BY: 32.6 BY: 2~~f~ <br />Jami o t, (date) Jenessa Dragovich, (date) <br />Vice President for Finance and Senior Planner <br />Administration and CFO City of Eugene <br />University of Oregon <br />STATE OF (5w, <br />~ <br />COUNTY OFL~l <br />~ <br />On this ~h day of 2019, before me, the undersigned, a notary public <br />in and for the said county and state, personally appeared the within-named Jamie Moffitt, for <br />the University of Oregon, who is known to me to be the identical individual described herein <br />and who executed the same freely and voluntarily. <br />Page 4 of 5 <br />