Agenda - Council - 02/12/2013 - Laserfiche WebLink

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(d) installed and planted the sod and landscaping that are required as a part of the Stage I PERMITTEE Improvements. 18. PER1VIl1 1LE Default. If the PERMITTEE defaults in the performance of one or more of the PERMITTEE'S obligations under this Contract, the CITY gives the PER1V1I11 L1 thirty (30) days written notice of the default (except as provided in subsection (a) below and in Section 7 above with respect to expiring letters of credit) and the PERMIT'TEE fails to cure the default within said thirty (30) the CITY may pursue any and all remedies available at law or in equity including, but not limited to, the following: a. The CITY may, at its option, perform or engage one or more third parties to perform the PERMIT"1'EE'S obligations. If, in the reasonable judgment of the CITY'S staff, the PERMIT ILE'S default creates an immediate risk to public health or safety, the CITY may perform or engage one or more third parties to perform the work before the CITY provides the notice described in the initial paragraph of this Section, but the CITY must use commercially reasonable efforts to notify the PERMITTEE as promptly as possible that the CITY is undertaking to perform the PERMITTEE'S obligation or obligations. If the CITY performs one or more obligations of the PERMITTEE, the PERIVIIIILE must reimburse the CITY for any costs or expenses the CITY incurs, including costs and expenses for CITY staff time, to perform the work within days after the CITY notifies the PER1Vin ILL, in writing, of the costs and expenses the CITY incurred to perform the work. If the PERMITTEE does not reimburse the CITY within said day period, the CITY may pursue any remedies available to the CITY either at law or in equity or, in the alternative, the CITY may draw on the financial guaranty the PERMITTEE has provided to the CITY pursuant to this Contract to reimburse itself for the expenses the CITY incurs to perform the work. This Contract is a license for the CITY to act, and it shall not be necessary for the CITY to seek a Court Order for permission to enter the PERMVH LE Property. As an alternative to seeking recovery from the PERIVIII ILL or the financial guaranty, the CITY may levy special assessments against the PERMITTEE Property in accordance with Minnesota Statutes Section 429, and the PERMIT itE, for itself and its successors in title, hereby expressly waives any and all substantive and procedural objections or defenses the PERMii 1LE may have to such special assessments; b. The CITY may commence an action in Anoka County District Court to pursue any remedied available to the CITY at law or in equity including, but not limited to, injunctive relief; 6 4988262v4