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05-28-13 Council Packet
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05-28-13 Council Packet
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2/28/2014 3:41:24 PM
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City Council
Council Document Type
Council Packet
Meeting Date
05/28/2013
Council Meeting Type
Regular
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Preserve at Lino Lakes <br />Development Contract <br />May, 2013 <br /> page 10 <br />3. All special assessments levied hereto shall be p ayable to the City Clerk in <br />semi-annual installments over fifteen (15) years co mmencing on April 15 of <br />the year after the levy of such assessment and on e ach September 15 and <br />April 15 thereafter until the entire balance plus a ccrued interest is paid in full <br />unless paid earlier. In the alternative, the City, at its option, may certify the <br />entire assessment roll to the Anoka County Auditor for collection with the <br />Real Estate Taxes. In the event any payment is not made on the dates set out <br />herein, the City may exercise its rights granted he reunder for such default. <br />The Developer waives any and all procedural and sub stantive objections to <br />the installation of the City Improvements and the s pecial assessments, <br />including but not limited to hearing requirements a nd any claim that the <br />assessments exceed the benefit to the property. In the event the total of all <br />City Installed Improvements is less than originally estimated by the City <br />Engineer in his feasibility report, Developer waive s any appeal rights <br />otherwise available pursuant to M.S.A. 429.081. <br />D. Required Payments of Special Assessments by Deve loper. <br />1. Developer, its heirs, successors or assigns here by agrees that within thirty <br />(30) days after the issuance of a certificate of oc cupancy for a residence on a <br />lot located within the Subdivision which is assesse d for the cost of such City <br />Improvements, the Developer, its heirs, successors or assigns, agrees, at its <br />own cost and expense, to pay the entire unpaid City Improvement Costs <br />assessed or to be assessed under this agreement aga inst such property. <br />2. If a certificate of occupancy is issued before t he special assessments have <br />been levied, the Developer, its heirs, successors o r assigns shall pay the City <br />the sum of cash equal to one hundred twenty percent (120%) of the <br />Engineer's estimate of the special assessments for such City Improvements <br />that would be levied against the property. Upon su ch payment the City shall <br />issue a certificate showing the assessments are pai d in full. Notwithstanding <br />the issuance of said certificate, the Developer sha ll be liable to the City for <br />any deficiency and the City shall pay the Developer any surplus arising from <br />the payment based upon such estimate. Developer wi ll be paid interest on <br />all assessments paid before the levy of such assess ments by the City at the <br />bond interest rates paid by the City. <br />E. Acceleration Upon Default. <br />1. In the event the Developer violates any of the c ovenants, conditions or <br />agreements herein contained to be performed by the Developer, violates any <br />ordinance, rule or regulation of the City, County o f Anoka, State of <br />Minnesota or other governmental entity having juris diction over the plat, or <br />fails to pay any installment of any special assessm ent levied pursuant hereto, <br />or any interest thereon, when the same is to be pai d pursuant hereto, the City
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