Agenda - Council - 06/22/2021 - Laserfiche WebLink

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of the issue and PERMITTEE shall clear soil, earth, or debris from the streets resulting from the construction of the Improvements within 48 hours of notification. If the PERMITTEE fails to clean streets after said 48-hour period the CITY may remove accumulations of soil, earth, and debris from the streets resulting from the construction of the Improvements. It shall be the PERMITTEE'S responsibility to pay the costs associated with this necessary street cleaning. Invoices from the CITY to the PERMITTEE for such costs shall be paid within thirty (30) days of the date of the invoice. 10. Payment of Development Fees. Since the Property is not being platted at this time, the PERMITTEE acknowledges that the development fees, if any, will be required at time of final plat. 11. PERMITTEE Defaults. If the PERMITTEE defaults in the performance of one or more of the PERMITTEE'S obligations under this Contract (most notably temporary and permanent erosion control measures), i) the CITY shall give the PERMITTEE thirty (30) days written notice of the default and ii) if the PERMITTEE fails to cure the default within thirty (30) days of receipt of notice of default, 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 PERMITTEE'S obligations. If, in the reasonable judgment of the CITY'S staff, the PERMITTEE'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 PERMITTEE as promptly as possible that the CITY is undertaking to perform the PERMITTEE'S obligation or obligations. If the CITY performs one or more obligations of the PERMITTEE, the PERMITTEE 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 thirty (30) days after the CITY notifies the PERMITTEE, in writing, of the costs and expenses the CITY incurred to perform the work. If the PERMITTEE does not reimburse the CITY within said thirty (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 PERMITTEE 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 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 3