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<br />Management Organization and the Anoka County Soil Conservation <br />CITY; <br />District and has provided a copy of each such permit to the and <br /> <br /> <br />b.No occupancy permit for any lot in the Plat shall be issued until the <br />PERMITTEE <br /> has: (a) constructed vehicular access to the lot, including the <br />installation of at least one layer of bituminous surfacing; (b) constructed all <br />utilities and storm water facilities this Contract requires to serve the lot and <br />such utilities and storm water facilities are in place, and operational and the <br />CITY <br /> has accepted those utilities and storm water facilities; (c) for lots that <br />CITY <br />have a slope of less than 2%, provided the with a certificate of <br />grading, prepared by a licensed (State of Minnesota) professional land <br />surveyor, certifying that the flattest grade on the lot is 1% or greater; and <br />(d) installed and planted the sod and landscaping that are required as a part <br />of the Stage I Improvements. <br /> <br /> PERMITTEEPERMITTEE <br />18. Defaults. If the defaults in the performance of one <br />CITY <br />or more of the obligations under this Contract, i) the gives <br />PERMITTEE <br />the thirty (30) days written notice of the default and ii) the <br />PERMITTEE CITY <br />fails to cure the default within said thirty (30), then the may <br />pursue any and all remedies available at law or in equity including, but not limited <br />to, the following: <br /> CITY <br />a.The may, at its option, perform or engage one or more third parties <br />to perform the obligations. If, in the reasonable judgment <br />of the staff, the default creates an immediate risk <br />CITY <br />to public health or safety, the may perform or engage one or more <br />third parties to perform the work before the <br />CITY <br />provides the notice described in the initial paragraph of this Section, <br />CITY <br />but the must use commercially reasonable efforts to notify the <br />PERMITTEE CITY <br />as promptly as possiblethat the is undertaking to <br />CITY <br />perform the obligation or obligations. If the <br />PERMITTEEPERMITTEE <br />performs one or more obligations of the , the <br />CITY CITY <br />must reimburse the for any costs or expenses the incurs, <br />CITY <br />including costs and expenses for staff time, to perform the work <br />CITYPERMITTEE <br />within 30 days after the notifies the , in writing, of the <br />CITY <br />costs and expenses the incurred to perform the work. If the <br />PERMITTEECITY <br /> does not reimburse the within said 30 day period, the <br />CITY CITY <br />may pursue any remedies available to the either at law or in <br />CITY <br />equity or, in the alternative, the may draw on the financial guaranty <br />PERMITTEECITY <br />the has provided to the pursuant to this Agreement to <br />CITY <br />reimburse itself for the expenses the incurs to perform the work.This <br />CITY <br />Agreement is a license for the to act, and it shall not be necessary for <br />CITY PERMITTEE <br />the to seek a Court Order for permission to enter the <br />PERMITTEE <br />Property. As an alternative to seeking recovery from the or <br />CITY <br />the financial guaranty, the may levy special assessments against the <br /> <br /> <br />