Agenda - Council - 07/09/2019 - Laserfiche WebLink

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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; b. The CITY may commence an action in Anoka County District Court to pursue any remedy available to the CITY at law or in equity including, but not limited to, injunctive relief; c. The CITY may refuse to grant building permits for improvements to be constructed on any lots within the Plat until the DEVELOPER has cured all of its defaults; and d. The CITY may draw upon all or any portion of the financial guaranty the DEVELOPER has provided to the CITY pursuant to Section 4 and (i) use all or any portion of the proceeds from the financial guaranty to reimburse the CITY pursuant to subsection (a) above; (ii) use all or any portion of the proceeds from the financial guaranty to satisfy any judgment the CITY obtains against the DEVELOPER pursuant to subsection (b) above; (iii) use all or any portion of the proceeds to reimburse the CITY pursuant to Section 9 (h) below; and (iv) hold all or any portion of the proceeds for a reasonable time for the future application as described in subsections (i), (ii) and (iii) of this Section 8(d). 9. Miscellaneous. a. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraphs or phrase of this Agreement is for any reason invalid, such decision shall not affect the validity of the remaining portion of this Agreement.