Agenda - Council - 08/12/2019 - Laserfiche WebLink

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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 PERMITTEE Property. As an alternative to seeking recovery from the PERMITTEE or the financial guaranty, the CITY may levy special assessments against the PERMITTEE Property in accordance with Minnesota Statutes Section 429, and the PERMITTEE, for itself and its successors in title, hereby expressly waives any and all substantive and procedural objections or defenses the PERMITTEE 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 PERMITTEE has cured all of its defaults; and d. The CITY may draw upon all or any portion of the financial guaranty the PERMITTEE has provided to the CITY pursuant to Section 11 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 PERMITTEE pursuant to subsection (b) above; (iii) use all or any portion of the proceeds to reimburse the CITY pursuant to Section 19 (j) 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 17(d). 18. Maintenance Guarantee for Landscaping. It is herein agreed that PERMITTEE shall provide a maintenance guarantee to ensure the survival of the plantings for Anderson Dahlen South Addition. Said maintenance guarantee shall consist of cash or a Letter of Credit, approved as to form by the CITY, in the amount of $15,480.00. [# tree plantings 30 trees) x cost/planting ($300/tree x 30% average non -survival rate] + [# shrub plantings (288 shrubs) x cost/planting ($75/shrub x 30% average non -survival rate)], which shall be in effect for a two-year period commencing on the date of the CITY'S acceptance of said plantings as part of the Site Improvements. At the end of the two-year period, the maintenance guarantee shall be returned to the PERMITTEE. The determination that all plantings that have been planted in accordance with the Site Plan have either survived or have been replaced shall be made by the Community Development Department. In the event the PERMITTEE fails to maintain the required plantings for a two-year period, the City Council may order the replacement of plantings with CITY day labor and/or by letting contracts and draw upon the escrow for payment. Only the City Council shall have the authority to direct replacement of the plantings and withdraw from the escrow account. The PERMITTEE hereby grants permission and a license to the CITY and/or its contractors and assigns to enter upon the Site for the purpose of replacing plantings in the event of the PERMITTEE'S default. 5