Agenda - Council - 04/23/2019 - Laserfiche WebLink

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b. No occupancy permit for any lot in the Plat shall be issued until the DEVELOPER has: (a) constructed vehicular access to the lot, including the installation of at least one layer of bituminous surfacing; (b) constructed all utilities and storm water facilities this Agreement requires to serve the lot and such utilities and storm water facilities are in place, and operational and the CITY has accepted those utilities and storm water facilities; (c) for lots that have a slope of less than 2%, provided the CITY with a certificate of grading, prepared by a licensed (State of Minnesota) professional land surveyor, certifying that the flattest grade on the lot is 1% or greater; and (d) installed and planted the sod and landscaping that are required as a part of the Stage I Improvements. 9. DEVELOPER Defaults. If the DEVELOPER defaults in the performance of one or more of the DEVELOPER'S obligations under this Contract, and i) the CITY gives the DEVELOPER 30 days written notice of the default and ii) the DEVELOPER fails to cure the default within said 30 days, then the CITY may pursue any and all remedies available at law or in equity including, but not limited to, the following: a. The CITY may, at its option, perform or engage one or more third parties to perform the DEVELOPER'S obligations. If, in the reasonable judgment of the CITY'S staff, the DEVELOPER'S default creates an immediate risk to public health or safety, the CITY may perform or engage one or more third parties to perform the work before the CITY provides the notice described in the initial paragraph of this Section, but the CITY must use commercially reasonable efforts to notify the DEVELOPER as promptly as possible that the CITY is undertaking to perform the DEVELOPER'S obligation or obligations. If the CITY performs one or more obligations of the DEVELOPER, the DEVELOPER must reimburse the CITY for any costs or expenses the CITY incurs, including costs and expenses for CITY staff time, to perform the work within 30 days after the CITY notifies the DEVELOPER, in writing, of the costs and expenses the CITY incurred to perform the work. If the DEVELOPER does not reimburse the CITY within said 30 day period, the CITY may pursue any remedies available to the CITY either at law or in equity or, in the alternative, the CITY may draw on the financial guaranty the DEVELOPER has provided to the CITY pursuant to this Agreement to reimburse itself for the expenses the CITY incurs to perform the work. This Agreement is a license for the CITY to act, and it shall not be necessary for the CITY to seek a Court Order for permission to enter the DEVELOPER'S Property. As an alternative to seeking recovery from the DEVELOPER or the financial guaranty, the CITY may levy special assessments against the DEVELOPER Property in accordance with Minnesota Statutes Section 429, and the DEVELOPER, for itself and its successors in title, hereby expressly waives any and all substantive and procedural objections or defenses the DEVELOPER may have to such special assessments;