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Parkview Addition DRAFT C O P Y <br /> Development Agreement June 5, 1998 <br /> regulation of the City of Centerville, County of Anoka, State of Minnesota or other <br /> governmental entity having jurisdiction over the plat, or fails to pay any installment of <br /> any special assessment levied pursuant hereto, or any interest thereon, when the <br /> same is to be paid pursuant hereto, the City, at its option, in addition to its rights and <br /> remedies hereunder, after ten (10) days' written notice to the Developer, may declare <br /> all of the unpaid special assessments which are then estimated or levied pursuant to <br /> this agreement due and payable in full, with interest. The City may seek recovery of <br /> such special assessments due and payable from the security provided in Paragraph <br /> B hereof. In the event that such security is insufficient to pay the outstanding amount <br /> of such special assessments plus accrued interest, the City may certify such <br /> outstanding special assessment in full to the County Auditor pursuant to M.S. <br /> 429.061, Subdivision 3 for collection the following year. The City, at its option, may <br /> commence legal action against the Developer to collect the entire unpaid balance of <br /> the special assessments then estimated or levied pursuant hereto, with interest, <br /> including reasonable attorney's fees and Developer shall be liable for such special <br /> assessments and, if more than one, such liability shall be joint and several. Also, if <br /> the Developer violates any term or condition of this agreement, or if any payment is <br /> not made by Developer pursuant to this agreement, the City, at its option, may refuse <br /> to issue building permits to any of the properties within the plat on which the <br /> assessments have not been paid. <br /> C. RECORDING AND RELEASE <br /> The Developer agrees that the terms of this Development Contract shall be a covenant on <br /> any and all property included in the Subdivision. The Developer agrees that the City shall <br /> have the right to record a copy of this Development Contract with the Anoka County <br /> Recorder to give notice to future purchasers and owners. This shall be recorded against <br /> the Subdivision described on page 1 hereof. City shall provide to Developer upon <br /> payment of all the special assessments levied against a parcel a release of such parcel <br /> from the terms and conditions of this Development Contract subject to provision contained <br /> in the second paragraph of Section 3.G.3 on page 9. <br /> D. REIMBURSEMENT OF COSTS <br /> The Developer agrees to fully reimburse the City for all costs incurred by the City <br /> including, but not limited to, the actual costs of construction of said improvements, <br /> engineering fees, legal fees, inspection fees, interest costs, costs of acquisition of <br /> necessary easements, if any, and any other costs incurred by the City relating to this <br /> Development Contract and the installation and financing of the aforementioned <br /> improvements. <br /> E. OCCUPATION OF PREMISES <br /> The Developer further agrees that they will not cause to be occupied any premises upon <br /> the plat or any property within the plat until the completion of the gas, electric, telephone, <br /> water, and sewer improvements required by this Development Contract have been <br /> installed, unless the City has agreed in writing to waive this requirement as to a specific <br /> premises. Furthermore, Developer shall be granted no certificates of occupancy for <br /> homes within the plat prior to substantial completion of all Developer and City <br /> Improvements described in this Agreement. <br /> %ISPN WK VOL IIDATA IPROA260089m1089d4Umay. DevAgrce. doe Page 7 <br />