1996-09-25 - CC Packet - Laserfiche WebLink

Home Browse Search

Eagle Pass Development Agreement 6 Acceleration Upon Default In the event the Developer violates any of the covenants, 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 from 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 MS 429.061, 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 arty 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. C. RECORDING AND RELEASE The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to fixture purchasers and owners. This shall be recorded against the Subdivision described on page 1 hereof D. REBOURSEMENT OF COSTS The Developer agrees to fully reimburse the City for all costs incurred by the City including, but not limited to, the actual costs of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of acquisition of necessary easements, if any, and any other costs incurred by the City relating to this Development Contract and the installation and financing of the aforementioned improvements. E. OCCUPATION OF PREMISES The Developer further agrees that they will not cause to be occupied any premises upon the plat or any property within the plat until the completion of the gas, electric, telephone, water, and sewer improvements required by this Development Contract have been installed, unless the City has agreed in writing to waive this requirement as to a specific premises. Furthermore, Developer shall be granted no certificates of occupancy for homes within the plat prior to substantial completion of all Private and Street and Utility Improvements described in this Agreement. F. CLEAN UP . The Developer shall be responsible to keep new and existing streets clean and shall conduct routine sweeping of the project area. The Developer shall clean streets no later 260/078- 2106.aug Pagel