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Rebbein Property <br /> Development Agreement DRAFT - MARCH 20, 1998 <br /> C. RECORDING AND RELEASE. The Developer agrees that the terms of this <br /> Development Contract shall be a covenant on any and all property included in the <br /> property. The Developer agrees that the City shall have the right to record a copy of <br /> this Development Contract with the Anoka County Recorder to give notice to future <br /> purchasers and owners. This shall be recorded against the Subdivision described on <br /> page 1 hereof. <br /> D. REIMBURSEMENT OF COSTS. The Developer agrees to fully reimburse the City <br /> for all costs incurred by the City including, but not limited to, the actual costs of <br /> construction of said improvements, engineering fees, legal fees, inspection fees, <br /> interest costs, costs of acquisition of necessary easements, if any, and any other costs <br /> incurred by the City relating to this Development Contract and the installation and <br /> financing of the aforementioned improvements. <br /> E. OCCUPATION OF PREMISES. The Developer further agrees that they will not <br /> cause to be occupied any premises upon the property until the completion of the gas, <br /> electric, telephone, water, and sewer improvements required by this Development <br /> Contract have been installed, unless the City has agreed in writing to waive this <br /> requirement as to a specific premises. Furthermore, Developer shall be granted no <br /> certificates of occupancy on the property prior to substantial completion of all <br /> improvements. <br /> F. CLEAN UP. The Developer shall be responsible to keep new and existing streets <br /> clean and shall conduct routine sweeping of the project area. The Developer shall <br /> clean streets no later than 24 hours after being notified by the City. <br /> G. ASSESSMENTS. The Developer waives any an all procedural and substantive <br /> objections to the installation of the public improvements and the special assessments, <br /> including but not limited to hearing requirements. Developer waives an} appeal rights <br /> otherwise available pursuant to M.S.A. 429.081. The City, at its option, may elect to <br /> certify the entire assessment roll to Anoka County for collection with the real estate <br /> taxes. <br /> 1. Required Payments of Special Assessments by Develo = Developer, its heirs, <br /> successors or assigns hereby agree that prior to or on issuance of certificate of <br /> occupancy, to pay the entire unpaid improvement costs assess or to be assessed <br /> under this agreement against such property. <br /> If a certificate of occupancy is issued before the special assessments have been <br /> levied, the Developer, its heirs, successors or assigns shall pay the City the sum <br /> of cash equal to the Engineer's estimate of the special assessments for such <br /> improvements that would be levied against the property. Upon such payment, <br /> the City shall issue a certificate showing the assessments are paid in full. <br /> Notwithstanding the issuance of said certificate, the Developer shall be liable to <br /> the City for any deficiency and the City shall pay the Developer any surplus <br /> arising from the payment based upon such estimate. <br /> 0:% pmj\2600921092- 1808.mar.dev.contract Page 2 <br />