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� r <br />(NIDA 11 -11) and (SDR 11 -3) <br />c. S ed is Performance As a further and separate remedy, the City may, within its sole discretion, <br />seek specific performance by way of suit in equity against any of the parties to this Agreement in <br />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 shall be <br />entitled to a reasonable attorneys fee to be assessed by the trial or appellate court as the case may <br />be. <br />4. SUCCESSOR INTEREST <br />This Agreement shall be binding upon the heirs, executors, administrators, and assigns of both parties <br />and is a condition and covenant running with the land and binding upon the above- described areas of <br />real property. The Parties shall execute 'a memorandum of this Agreement suitable for recording with <br />the Lane County Deeds and Records Office. City shall record the memorandum and provide Developer <br />with a copy of the recorded document. <br />THIS AGREEMENT is NOT authorization to begin operation or to begin construction. An application for <br />authorization to begin operation or to begin construction (a building permit) may be made at the City <br />Building Division. <br />DEVELOPE <br />BY: <br />Emily Proudfo t <br />Landscape Ar itect <br />STATE 0 <br />COUNTY OF <br />CITY OF EUGENE: <br />;:. 15.1c.11& BY <br />(date) <br />Gabe Flock <br />Senior Planner <br />(date) <br />On this day of February, 2012, before me, the undersigned, a notary public in and for the said <br />county and state, personally appeared the within -named Emily Proudfoot, for the City of Eugene Public <br />Works Department, who is known to me to be the identical individual described herein and who executed <br />the same freely and voluntarily. <br />Seal: <br />Notary P blic <br />My Commission Expires: C l � 2- <br />Page 3 of 3 <br />