Agenda - Council - 09/08/2026 - Laserfiche WebLink

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for CITY staff time, to perform the work within 30 days after the CITY notifies the PERMITTEE and the APPLICABLE OWNER(S), 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; and 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; and c. In the event of a default relating to construction of the Stage I Improvements or Stage 1I improvements only, 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 such defaults; 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 6 and (i) use all or any portion of the proceeds from the financial guaranty to reimburse the CITY pursuant to subsection (a) above; (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; (iii) use all or any portion of the proceeds to reimburse the CITY pursuant to Section 19 (j) below; and (iv) hold all or any portion of the proceeds for a reasonable time for the future application as described in subsections (i), (ii) and (iii) of this Section 18(d). Notwithstanding anything to the contrary contained herein, none of the OWNERS shall be liable hereunder for any breach by PERMITTEE of the responsibilities of PERMITTEE hereunder unless such breach was caused by the gross negligence or willful misconduct of such OWNER. 20. Termination. In connection with any portion of a Subject Property being sold, either PERMITTEE or the APPLICABLE OWNER may provide to the CITY an instrument in recordable form that releases such parcel form this Agreement. Furthermore, upon substantial completion of the Stage 1 Improvements and/or the Stage 2 Improvements, as applicable (which shall be deemed to occur upon the issuance of a certificate of occupancy or similar certificate, if applicable), the CITY agrees to release PERMITTEE and the APPLICABLE OWNER for the completed phase of the development in writing and shall execute a recordable instrument of release evidencing same. 21. Miscellaneous. 7