Agenda - Council - 12/28/2006 - Laserfiche WebLink

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representative of the City to execute acknowledge and deliver to Developer an estoppel certificate certifving• ~i Either (il that this A~~eement is unmodified and in full force and effect: (iil that this Agreement is in full force and effect as modified and stating the modifications: or (iii that this Agreement is not in full force and effect• and Either that to the best of City's actual knowledge (il Developer is not in default under this Agreement or (iil stating that Devel~er is in default under this Agreement and specifying the nature and extent of the default 20. Remedies upon Default 20.1 Developer Defaults and City Remedies. if T)evelnner fails to .,Prfnrr., ~.,p or more of its obligations under this Agreement or fails to abide by one or more restrictions this Agreement imposes on Developer Cites may give Developer notice of the default. If Developer's default is Developer's commencement of development activities on the Development Property before Developer has obtained all necessary governmental approvals or is otherwise violation of State or federal laws regulations or rules. a violation the City's ordinances or a violation of any other legal requirement. City may. without providing Developer with waiHnss fnr the nntirn to hnnmm~ affo..t...o V .+11.. ~.bl~~. pursuant to Section_ and without providing Developer with an opportuni to cure the default. commence an action in Anoka County District Court to obtain a temporary restraining order or temporargor permanent in,~unction against Developer If Developer's default creates an imminent threat to the life safety or health of the public. City may proceed immediately pursuant to Section 201 (dl to cure the default and recover City's cost and expenses from Developer Except as set forth in the preceding two sentences. Developer shall have thirty days to cure the default. and Citv may not pursue the remedies set forth in this Section 20 1 until the expiration of the thirty day cure period. If Developer does not cure the default within the thirty day period City may - ~ suspend City's performance of any of its obligations under this Agreement• ~b deny building permits for buildings on any lot within the Development Property that Developer owns until Developer cures the default• ~c terminate this Agreement• ~d perform any obligation of Developer that Developer has not fully performed within the thirty day cure period provided for in this Section 201 in which case Developer must. within thirty days after notice from Citv as to the amount of the costs and expenses Citv incurred to perform Developer's obligation reimburse Citv for those costs and expenses. In the alternative. the Citv may in whole or in part specially assess any of the costs and expenses incurred by the Citv against any or all of the Development Property Developer then owns• i9~4ai~~ao~ v2 to vi ivisio6 23 -148-