1998-03-20 Packet w/o Agenda - Laserfiche WebLink

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Rehbein Property Development Agreement DRAFT - MARCH 20, 1998 2. Acceleration Upon Default In the event the Developer violates any of the convenants, conditions or agreements herein contained to be performed by the Developer, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat, or fails to pay any installment of any special assessment levied pursuant hereto, or any interest thereon, when the same is to be paid pursuant hereto, the City, at its option, in addition to its rights and remedies hereunder, after ten (10) days' written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable form the security provided in Paragraph (B) hereof. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest, the City may certify such outstanding special assessment in full to the County Auditor pursuant to M,S. 429.061m Subdivision 3 for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. Also, if the Developer violates any term or condition of this agreement, or if any payment is not made by Developer pursuant to this agreement, or if any payment is not made by Developer pursuant to this agreement the City, at its option, may refuse to issue building permits to any of the property within the plat on which the assessments have not been paid. H. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. I. REIMBURSEMENT OF COSTS FOR DEFENSE. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorney's fees. J. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph, or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. O: \proj\ 260092 \092 - 1808- wndev.conma Page 3