c. Development of the Property and any Development Activities will comply with <br />the approved site plans included as Exhibit "B" to this agreement. <br />2. Signs: All permanent signs which may be erected hereafter, and which are associated <br />with the Development Activities shall conform to the applicable provisions of the <br />Eugene Code. <br />3. Financing: Developer agrees, upon request of the City, to provide to the Building <br />Division the name and address of Developer, together with the designation of a <br />particular responsible official and any lending institution participating in the <br />Development Activities, contemporaneously with any request to issue any building <br />permit associated with the Development Activities. <br />4. Amendments and Modifications: No portion of this Agreement or any of its attached <br />exhibits may be amended or modified without the written consent of the Developer and <br />the Planning Director or the Planning Director's designee. <br />5. Breach: Developer understands and agrees that Developer's failure to comply with any <br />of the terms of this Agreement shall constitute a breach of this Agreement, and upon <br />breach of this Agreement City may refuse to issue or may revoke development and/or <br />occupancy permits associated with the Development Activities. <br />6. Liquidated Damages: As a separate remedy apart from any remedy otherwise allowed <br />under this Agreement or otherwise allowed under Oregon law, the City may, within its <br />sole discretion, determine to seek damages from the Developer for a breach of this <br />Agreement. If the City elects to pursue this remedy, it shall first notify the Developer <br />with reasonable particularity of the nature of the breach and shall afford the Developer <br />a reasonable time within which to cure. It is mutually understood and agreed between <br />the parties that damages in the event of Developer's breach will be difficult to ascertain <br />with reasonable certainty because one of City's primary interest in this Agreement is the <br />protection of the public health, safety, and welfare of its citizens -- a measure that is <br />inherently difficult to calculate. The amount of City's damages being difficult to <br />ascertain, it is thus mutually agreed that damages shall be computed on the basis of <br />$250 per day for each day each breach continues. It is further recognized and agreed <br />between the parties that the damages of $250 per day are in the nature of liquidated <br />damages and are not construed as a penalty. <br />7. Specific Performance: Developer understands and agrees that in addition to and not in <br />lieu of any other remedies provided by this Agreement and applicable state and local <br />laws, the City may, within its sole discretion, seek specific performance by way of suit in <br />equity against any of the parties to this Agreement in the Circuit Court of the State of <br />Oregon for Lane County. <br />8. 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 />9. Successors in Interest: This Agreement is binding upon the heirs, executors, <br />administrators, and assigns of both parties and is a condition and covenant running with <br />the land and binding upon the above -described areas of real property. The parties shall <br />execute a memorandum of this Agreement suitable for recording with the Lane County <br />Deeds and Records Office. City shall record the memorandum and provide Developer <br />with a copy of the recorded document. <br />Page 2 of 3 <br />