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07-10-2023 City Council Packet
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07-10-2023 City Council Packet
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7/19/2023 2:22:39 PM
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City Council
Council Document Type
Council Packet
Meeting Date
07/10/2023
Council Meeting Type
Regular
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Bluebill Ponds 2nd Addition <br />Development Agreement <br />July 10, 2023 <br /> page 10 <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 assessm ents 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. Not applicable. 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: Structures may be installed as model homes consistent <br />with City ordinance upon approval of the final plat. A record drawing of <br />the site grading for the model home lots shall be submitted prior to <br />issuance of building permits for the model homes. <br />ii. If any building permits for model homes are issued prior to the <br />completion and acceptance of public improvements, the Developer <br />assumes all liability and costs resulting in delays in completion of public <br />improvements and damage to public improvements caused by the City, <br />the Developer, its contractors, subcontractors, material men, employees, <br />agents or third parties. Any such costs shall be reimbursed from <br />Developer’s escrow. <br />19. Special Provisions. <br />a. The following encroachments shall be corrected:
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