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perform the DEVELOPER'S obligation or obligations. If the CITY <br />performs one or more obligations of the DEVELOPER, the <br />DEVELOPER must reimburse the CITY for any costs or expenses the <br />CITY incurs, including costs and expenses for CITY staff time, to perform <br />the work within 30 days after the CITY notifies the DEVELOPER, in <br />writing, of the costs and expenses the CITY incurred to perform the work. <br />If the DEVELOPER does not reimburse the CITY within said 30 day <br />period, the CITY may pursue any remedies available to the CITY either at <br />law or in equity or, in the alternative, the CITY may draw on the financial <br />guaranty the DEVELOPER provided to the CITY pursuant to this <br />Agreement to reimburse itself for the expenses the CITY incurs to perform <br />the work. This Agreement is a license for the CITY to act and it shall not <br />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 21 (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 20 (d). <br />20. Miscellaneous. <br />6 <br />