Agenda - Council - 09/10/2024 - Laserfiche WebLink

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after sanitary sewer services are available to each lot and are subject to the standard building permit review by the CITY's Building Inspections Divisions. The following conditions apply: i. If there are any conflicts between the activities of the homebuilder and the street/utility contractor,the street/utility contractor shall be given priority. ii. The CITY's building inspectors shall have access to each home for normal scheduled inspections. If access is not provided,the PERMITTEE shall forfeit the inspection and pay the normal reinspection fee. iii. Model homes will not be open to the public until water and sanitary sewer are operational to each model home and Sapphire Lane and 145' Place have at least the base course of pavement installed. 19. 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),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 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 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 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. 6