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CCP 04-28-2003
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CCP 04-28-2003
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2/18/2011 4:06:23 PM
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11/14/2006 2:35:25 PM
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Arden Hills Planning Cases
Arden Hills Planning Cases - Address
4100 Hamline Ave N
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<br />K. <br /> <br />Default. The occurrence of any of the following shall be considered an <br />"event of default" in the terms and conditions contained in this Agreement: <br /> <br />. <br /> <br />1. Failure of the Guidant to comply with any of the terms and <br />conditions contained in this Agreement within thirty (30) days of <br />receipt of notice from the City. <br /> <br />2. The failure of the Guidant to comply with any applicable ordinance <br />or statute with respect to the development of the Property within <br />thirty (30) days of receipt of notice from the City. <br /> <br />L. Remedies. Upon the occurrence of any event of default, the City, in <br />addition to any other remedy which may be available to it, shall be <br />permitted to do any of the following: <br /> <br />1. <br /> <br />City may make advances or take other steps to cure the default, <br />and, where necessary, enter the Guidant Property for that purpose. <br />The Guidant shall pay all sums so advanced or expenses incurred <br />by the City, upon demand, with interest from the dates of such <br />advances or expenses at the rate of 10% per annum. No action <br />taken by the City pursuant to this section shall be deemed to relieve <br />the Guidant from curing any such default to the extent that it is not <br />cured by the City or from any other default hereunder. The City <br />shall not be obligated, by virtue of the existence or exercise of this <br />right, to perform any such act or cure any such default. The <br />Guidant shall save, indemnify, and hold harmless, including <br />reasonable attorney fees, the City from any liability or other <br />damages which may be incurred as a result of the exercise of the <br />City's rights pursuant to this section. <br /> <br />. <br /> <br />2. Obtain an Order from a Court of competent jurisdiction requiring the <br />Guidant to specifically perform its obligations pursuant to the terms <br />and provisions of this Agreement. <br /> <br />3. Exercise any other remedies which may be available to it including <br />an action for damages. <br /> <br />4. Withhold the issuance of any or all building permits and/or prohibit <br />the occupancy of all building(s) for which permits have been issued. <br /> <br />5. <br /> <br />In addition to the remedies and amounts payable as set forth <br />herein, upon the occurrence of an event of default, the Guidant <br />shall pay to the City all fees and expenses, including reasonable <br />attorney, engineering and consulting fees, incurred by the City as a <br />result of the event of default, whether or not a lawsuit or other <br />action is formally taken. <br /> <br />. <br /> <br />7 <br />
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