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05-10-2021 Council Packet
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05-10-2021 Council Packet
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11/4/2021 10:53:20 AM
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City Council
Council Document Type
Council Packet
Meeting Date
05/10/2021
Council Meeting Type
Regular
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Otter Crossing <br />Development Agreement <br />May 10, 2021 <br /> page 10 <br />e. Acceleration of Special Assessments upon Default. In the event the Developer <br />violates any of the covenants, conditions or agreements herein, violates any <br />ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or <br />other governmental entity having jurisdiction over the plat or development, or <br />fails to pay when due any installment of any special assessment levied pursuant <br />to this agreement, or any interest thereon, the City at its option, in addition to its <br />rights and remedies hereunder, after 10 days written notice to the Developer, <br />may declare all of the unpaid special assessments which are then estimated or <br />levied pursuant to this agreement due and payable in full, with interest. The City <br />may seek recovery of such special assessments due and payable from the <br />security provided herein. In the event that such security is insufficient to pay the <br />outstanding amount of such special assessments plus accrued interest the City <br />may certify such outstanding special assessments in full to the County Auditor <br />pursuant to Minnesota Statutes section 429.061, subdivision 3, for collection the <br />following year. The City, at its option, may commence legal action against the <br />Developer to collect the entire unpaid balance of the special assessments then <br />estimated or levied pursuant hereto, with interest, including reasonable <br />attorney’s fees, and Developer shall be liable for such special assessments and, if <br />more than one, such liability shall be joint and several. In addition to any other <br />rights and remedies upon Developer’s default, the City may refuse to issue <br />building permits and/or Certificates of Occupancy for any property within the <br />Subdivision until such time as such default has been corrected to the satisfaction <br />of the City. The Developer agrees to reimburse the City for all costs incurred by <br />the City in the enforcement of this agreement, or any portion thereof, including <br />court costs and reasonable engineering and attorneys’ fees, if the City prevails in <br />any enforcement action. <br />18. Building Permits. No building permits shall be issued until: <br />a. Site grading, certified compaction testing, City sewer, water, storm sewer, and <br />bituminous base construction of the streets, temporary street signs, gas, electric, <br />telecommunication, cable and internet are installed and approved by the City, <br />except as provided below <br />i. Model Homes: Not Applicable. <br />19. Special Provisions. <br />a. The private road and sidewalk will be privately owned and maintained as <br />detailed in the Declaration of Driveway Easement. <br />b. The stormwater facilities (e.g. stormwater pond and pipe) will be privately <br />owned and maintained as detailed in the Declaration for Maintenance of <br />Stormwater and Declaration of Driveway Easement.
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