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Agenda - Council - 08/23/2016
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Agenda - Council - 08/23/2016
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3/17/2025 3:52:06 PM
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8/22/2016 11:21:21 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
08/23/2016
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performs one or more obligations of the PERMITTEE,the PERMITTEE <br /> must reimburse the CITY for any costs or expenses the CITY incurs, <br /> including costs and expenses for CITY staff time, to perform the work <br /> within 30 days after the CITY notifies the PERMITTEE, in writing, of the <br /> costs and expenses the CITY incurred to perform the work. If the <br /> PERMITTEE does not reimburse the CITY within said 30 day period,the <br /> CITY may pursue any remedies available to the CITY either at law or in <br /> equity or, in the alternative, the CITY may draw on the financial guaranty <br /> the PERMITTEE has provided to the CITY pursuant to this Agreement to <br /> reimburse itself for the expenses the CITY incurs to perform the work. This <br /> Agreement is a license for the CITY to act, and it shall not be necessary for <br /> the CITY to seek a Court Order for permission to enter the PERMITTEE <br /> Property. As an alternative to seeking recovery from the PERMITTEE or <br /> the financial guaranty, the CITY may levy special assessments against the <br /> PERMITTEE Property in accordance with Minnesota Statutes Section <br /> 429, and the PERMITTEE, for itself and its successors in title, hereby <br /> expressly waives any and all substantive and procedural objections or <br /> defenses the PERMITTEE may have to such special assessments; <br /> b. The CITY may commence an action in Anoka County District Court to <br /> pursue any remedy available to the CL.. 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 PERMITTEE has cured all <br /> of its defaults; and-4%A <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 6 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 the <br /> proceeds from the financial guaranty to satisfy any judgment the CITY <br /> obtains against the PERMITTEE pursuant to subsection(b)above; (iii)use <br /> all or any portion of the proceeds to reimburse the CITY pursuant to Section <br /> 19 0)below; and(iv)hold all or any portion of the proceeds for a reasonable <br /> time for the future application as described in subsections (i), (ii) and (iii) <br /> of this Section 18(d). <br /> 19. Miscellaneous. <br /> a. Invalidity of Any Section. If any portion, section, subsection, sentence, <br /> clause,paragraph or phrase of this Agreement is for any reason invalid, such <br /> 6 <br />
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