Laserfiche WebLink
<br />. <br />'\ t I l <br /> <br />Clearwater Meadows Development Agreement <br /> <br />improvements and the special assessments, including by not limited to hearing <br />requirements and apy claim that the assessm. exceed the benefit to ~e property. <br />In the event the total of all City Installed Improvements is less than originally <br />estimated by the City Engineer in his feasibility report, Developer waives any <br />appeal rights otherwise available pursuant to MS.A 429.081. <br /> <br />D. Required Payments of Special Assessments by Developer. 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 assessed or to be assessed <br />under .this..agreen1ent against.such property., "" .' <br /> <br />"""\0 ~.' ; ~ ~. <br /> <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 of <br />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, the <br />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 the <br />City for any deficiency and the City shall pay the Developer any surplus arising <br />from the payment based upon such estimate. <br /> <br />E. Acceleration Upon Default, In the event the Developer violates any of the <br />covenants, conditions or agreements herein contained to be performed by the <br />Developer, violates any ordinance, rule or regulation of the City, County of <br />Anok&, State of Minnesota or other governmental entity having jurisdiction over <br />~~or~w~any~entmanyspecialassessment~ed~~ <br />hereto, or any interest ~eon, when the same is to be paid pursuant hereto, the <br />City, at its option, in addition to its rights and remedies hereunder, after ten (10) <br />days' written notice to the Developer, may declare all of the unpaid special <br />assessments which are then estimated or levied p~ to this agreement due and <br />payable in full, with interest. The City, may seek recovery of such special <br />assessments due and payable from the security provided in Paragraph (B) hereof. <br />In the event that such security is insufficient to pay the outstanding amount of such <br />special assessments plus aCcrued interest, the City may certify such outstanding <br />special assessment in full to the County Auditor p~ to MS. 429.061, <br />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 <br />of 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 sev~. Also, if <br />the Developer violates any term or condition of this agreement, or if any payment <br />is.not made by Developer pursuant to this agreement the City, at its option,. may <br />refuse to issue building permits to any of the propertY within the plat on which the <br />assessments have not been paid. <br /> <br />K-GDEV.WPS <br /> <br />Page 7 <br />