Agenda - Council - 09/13/2022 - Laserfiche WebLink

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constructed all utilities and storm water facilities this Agreement requires to serve the Subject Property and such utilities and storm water facilities are in place, operational and have been approved by the CITY; (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. 17. PERMITTEE Defaults. If the PERMITTEE defaults in the performance of one or more of the PERMITTEE'S obligations under this Agreement, i) the CITY gives the PERMITTEE thirty (30) days written notice of the default and ii) the PERMITTEE fails to cure the default within said thirty (30) days (provided that, if the default cannot reasonably be cured within thirty (30) days, the PERMITTEE shall not be in default of this Agreement if the PERMITTEE commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default until fully cured), 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 Guarantee 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 Subject Property. As an alternative to seeking recovery from the PERMITTEE or the Financial Guarantee, the CITY may levy special assessments against the Subject 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 the Subject Property until the PERMITTEE has cured all of its defaults; and 5