Testimony Batch 2 - Laserfiche WebLink

PDF 05-6) understood and agreed between parties hereto that damages in the event of Developer's breach will be difficult to ascertain with reasonable certainty because City's interest in this Agreement is the protection of the public health, safety, and welfare of its citizens--an unquantifiable interest. The amount of City's damages being difficult to ascertain, it is thus mutually agreed that damages shall be computed on the basis of $250 per day for each day each breach continues. It is further recognized and agreed between the parties that the damages of $250 per day are in the nature of liquidated damages and are not construed as a penalty. d. Specific Performance: As a further and separate remedy, the City, within its sole and unfettered discretion, may seek specific performance by way of a suit of equity against any of the parties to this Agreement in Circuit Court of the State of Oregon for Lane County. e. Attorney Fees: In any suit or action brought upon this Agreement, the prevailing party shall be entitled to a reasonable attorney's fee to be assessed by the trial or appellate court as the case may be. 4. SUCCESSOR INTEREST This Agreement shall be binding upon the heirs, executors, administrators, and assigns of both parties and is a condition and covenant running with the land and binding upon the above-described areas of real property. THIS AGREEMENT is NOT authorization to begin operation or to begin construction. An application for authorization to begin operation or to begin construction (a building permit) may be made at the City Building Division. THIS AGREEMENT is executed in five counterparts, each of which is an original, pursuant to Resolution No. 1656, adopted by the Common Council of the City of Eugene, on the 28th day of April, 1969, and by the Developer on the date indicated below. DEVELOPER: ITY OF EUGENE: BY: A 7 ~ Y: 1 8 os Todd Bardwell ( at) Al ssa. Ha sen (date) Oregon Estates, LLC. Se r Planner Page 4 of5