Agenda - Council - 11/07/2022 - Laserfiche WebLink

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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 reasonably 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 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 any lots within the Plat until the PERMITTEE has cured all of its defaults hereunder; 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 5 and (i) use all or any portion of the proceeds from the financial guaranty to reimburse the CITY pursuant to subsection (a) above; or (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. 12. Haul Route. Truck traffic hauling routes must be reasonably approved by the City Engineer. 13. Limits of Construction. The City Engineer shall reasonably approve the limits of construction of the Improvements. 14. Miscellaneous. 3