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4988262v4 <br />PERMITTEE must reimburse the CITY for any costs or expenses the <br />CITY incurs, including costs and expenses for CITY staff time, to <br />perform the work within days after the CITY notifies the <br />PERMITTEE, in writing, of the costs and expenses the CITY incurred to <br />perform the work. If the PERMITTEE does not reimburse the CITY <br />within said day period, the CITY may pursue any remedies available to <br />the CITY either at law or in equity or, in the alternative, the CITY may <br />draw on the financial guaranty the PERMITTEE has provided to the <br />CITY pursuant to this Contract to reimburse itself for the expenses the <br />CITY incurs to perform the work. This Contract is a license for the CITY <br />to act, and it shall not be necessary for the CITY to seek a Court Order for <br />permission to enter the PERMITTEE Property. As an alternative to <br />seeking recovery from the PERMITTEE or the financial guaranty, the <br />CITY may levy special assessments against the PERMITTEE Property <br />in accordance with Minnesota Statutes Section 429, and the <br />PERMITTEE, for itself and its successors in title, hereby expressly <br />waives any and all substantive and procedural objections or defenses the <br />PERMITTEE may have to such special assessments; <br />b. The CITY may commence an action in Anoka County District Court to <br />pursue any remedied available to the CITY at law or in equity including, <br />but not limited to, injunctive relief; <br />c. The CITY may refuse to grant building permits for improvements to be <br />constructed on any lots within the Plat until the PERMITTEE has cured <br />all of its defaults; and <br />d. The CITY may draw upon all or any portion of the financial guaranty the <br />PERMITTEE has provided to the CITY pursuant to Section 7 and (i) use <br />all or any portion of the proceeds from the financial guaranty to reimburse <br />the CITY pursuant to subsection (a) above; (ii) use all or any portion of <br />the proceeds from the financial guaranty to satisfy any judgment the <br />CITY obtains against the PERMITTEE pursuant to subsection (b) above; <br />(iii) use all or any portion of the proceeds to reimburse the CITY pursuant <br />to Section 21 (j) below; and (iv) hold all or any portion of the proceeds for <br />a reasonable time for the future application as described in subsections (i), <br />(ii) and (iii) of this Section 20(d). <br />21. Miscellaneous. <br />a. Invalidity of Any Section. If any portion, section, subsection, sentence, <br />clause, paragraphs or phrase of this Contract is for any reason invalid, <br />7 <br />