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be necessary for the CITY to seek a Court Order for permission to enter the <br />DEVELOPER Property. As an alternative to seeking recovery from the <br />DEVELOPER or the financial guaranty, the CITY may levy special <br />assessments against the Subject Property in accordance with Minnesota <br />Statutes Section 429, and the DEVELOPER, for itself and its successors in <br />title, hereby expressly waives any and all substantive and procedural <br />objections or defenses the DEVELOPER may have to such special <br />assessments; <br />b. The CITY may commence an action in Anoka County District Court to <br />pursue any remedy available to the CITY at law or in equity including, but <br />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 DEVELOPER 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 />DEVELOPER provided to the CITY pursuant to Section 6 and (i) use all <br />or any portion of the proceeds from the financial guaranty to reimburse the <br />CITY pursuant to subsection (a) above; (ii) use all or any portion of the <br />proceeds from the financial guaranty to satisfy any judgment the CITY <br />obtains against the DEVELOPER pursuant to subsection (b) above; (iii) <br />use all or any portion of the proceeds to reimburse the CITY pursuant to <br />Section 19 (j) below; and (iv) hold all or any portion of the proceeds for a <br />reasonable time for the future application as described in subsections (i), (ii) <br />and (iii) of this Section 18(d). <br />MiscellaneousN. <br />a. Invalidity of Any Section. If any portion, section, subsection, sentence, <br />clause, paragraphs or phrase of this Agreement is for any reason invalid, <br />such decision shall not affect the validity of the remaining portion of this <br />Agreement. <br />b. Written Amendments Only. The action or inaction of the CITY or the <br />DEVELOPER shall not constitute a waiver or amendment to the provisions <br />of this Agreement. To be binding, amendments or waivers shall be in <br />writing, signed by the parties, and approved by a resolution of the CITY <br />Council. The CITY'S or the DEVELOPER'S failure to promptly take <br />legal action to enforce this Agreement shall not be a waiver or release. <br />6 <br />