8.2. SR 10-02-2017 - Laserfiche WebLink

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diligence as soon as possible thereafter. The City Council shall be the sole judge which will be reasonable and just of whether Grantee is using due diligence in completing such construction. 4.If any term, condition, or provision of this Agreement, or the application thereof to any person or circumstance, shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, provision,and condition to persons or circumstances other than those as to whom is shall be held invalid or enforceable shall not be affected thereby, and this Agreement, and all the terms, provisions, and conditions hereof, shall, in all other respects, continue to be effective and to be complied with to the full extent permitted by law. 5.In the event that Grantee fails or refuses to fully comply with all of its obligations under this Agreement, or violates any of the provisions hereof, and such failure, refusal or violation continues for a period of thirty (30) days after notice thereof is given to Grantee, then, in that event, in addition to any other remedies then available to the City at law or in equity, the City shall have the right to: (a)Revoke the parking defermentvariancedescribed in this Agreement, in which case Grantee shall immediately construct all parking spaces required by the Plan, in full compliance with the Plan and all then applicable ordinances of the City; (b)Obtain enforcement of this Agreement by court order for mandatory injunction or other appropriate relief; and (c)Withhold, deny, or revoke any building permits, certificates of occupancy, utility connection permits and any other permits and approvals, including the parking variance granted in Case No.V17-02 and described in this Agreement, issued or granted by the City for the construction or occupancy of all or any part of the Improvements, until such failure or refusal ends and the Grantee fully complieswith its obligations hereunder. All of the foregoing remedies shall be usable and enforceable by the City separately or concurrently as the City shall determine, and the use of one remedy shall not waive or preclude the use of any or more of the other remedies. Also, the failure to exercise, or delay in exercising, any remedy hereunder in the event of a failure or refusal by Grantee, shall not preclude the City from thereafter exercising any of its remedies for the same or a subsequent failure or refusal. Grantee agrees to pay to theCity any and all costs and expenses incurred by the City in enforcing this Agreement by the use of the remedies above set out or by other remedies or means available to the City at law or in equity, including attorneys’ fees whether suit be brought or not, and with interest on all such costs and expenses at the rate established by the City and allowed by law from the dates incurred by the City until paid.Unless City Actions and judgment are determined to be unreasonable by a Sherburne County Judge. Grantee also aggress to pay all costs of collection of any monies due to the City from Grantee pursuant hereto, and of such costs and expenses incurred in enforcing this Agreement, 3