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06-10-13 Council Packet
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06-10-13 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
06/10/2013
Council Meeting Type
Regular
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The Village No. 5 <br />Development Contract <br />May , 2013 <br /> page 7 <br />Publ ic Improvements the City shall require a Performance <br />Bond or Cash Escrow to cover the one -year warranty <br />provisions of the agreement. The amount shall be reasonably <br />determined by the City Engineer. <br />III. CITY IMPROVEMENTS <br />A. Special Assessments. The City shal l assess the Property for the Sanitary Sewer <br />and Water Trunk Unit Charges in the total amount of $81,800 as shown on <br />Attachment A. The assessments shall be made pursuant to Minnesota Statute 429 <br />and City Charter and applicable City policies. The assessments shall be payable in <br />equal annual principal installments plus interest on the unpaid installments at a <br />rate not to exceed the maximum allowed by law. All special assessments levied <br />hereto shall be payable to the City Clerk in semi -annual install ments over fifteen <br />(15) years commencing on April 15 of the year after the levy of such assessment <br />and on each September 15 and April 15 thereafter until the entire balance plus <br />accrued interest is paid in full unless paid earlier. In the alternative, the City, at <br />its option, may certify the entire assessment roll to the Anoka County Auditor for <br />collection with the Real Estate Taxes. In the event any payment is not made on <br />the dates set out herein, the City may exercise its rights granted hereunder for <br />su ch default. The Developer waives any and all procedural and substantive <br />objections to the installation of the City Improvements and the special <br />assessments, including but not limited to hearing requirements and any claim that <br />the assessments exceed the be nefit to the property. <br /> <br />B. 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 a, State of Minnesota or other governmental entity having jurisdiction over <br />the plat, or fails to pay any installment of any special assessment levied pursuant <br />hereto, or any interest thereon, when the same is to be paid pursuant hereto, the <br />City at its op tion, 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 pursuant to this agreement due <br />and payable in full, with inte rest. The City may seek recovery of such special <br />assessments due and payable from the security provided herein. In the event that <br />such security is insufficient to pay the outstanding amount of such special <br />assessments plus accrued interest the City may c ertify such outstanding special <br />assessments in full to the County Auditor pursuant to M.S. 429.061, Subd. 3 for <br />collection the following year. The City, at its option, may commence legal action <br />against the Developer to collect the entire unpaid balance of the special <br />assessments then estimated or levied pursuant hereto, with interest, including <br />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, <br />if D eveloper 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
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