10-24-2022 City Council Packet - Laserfiche WebLink

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Belland Farms Second Addition Development Agreement October 24, 2022 page 10 e. Acceleration of Special Assessments upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein, 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 development, or fails to pay when due any installment of any special assessment levied pursuant to this agreement, or any interest thereon, the City at its option, in addition to its rights and remedies hereunder, after 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 herein. 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 assessments in full to the County Auditor pursuant to Minnesota Statutes section 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. In addition to any other rights and remedies upon Developer’s default, the City may refuse to issue building permits and/or Certificates of Occupancy for any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees, if the City prevails in any enforcement action. 18. Building Permits. No building permits shall be issued until: a. Site grading, certified compaction testing and approved by the City. b. Execution of this agreement and receipt of all securities required herein, and review and approval of building permit application by the Building Official. 19. Special Provisions. a. The Belland Farms Development included the trunk utility fees for Lots 1 and 2, Block 1 and the entire road right of way running east-west through the site. The trunk utility fees for the Belland Farms Second Addition Development include the trunk utility fees for the Belland Farms Second Addition Lot 1 Block 1. The stormwater ponding area being constructed with the Belland Farms Second Addition, along with the balance of Outlot B will be charged trunk utility fees with the future platting of Belland Farms Second Addition Outlot B.