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Milestones Addition <br />Development Agreement <br />August 28, 2023 <br /> page 10 <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 permit shall be issued until: <br />a. Site grading, certified compaction testing, City sewer, water, storm sewer, and <br />bituminous base construction of the streets /parking lots, temporary street signs, <br />gas, electric, telecommunication, cable and internet are installed and approved <br />by the City. <br />19. Special Provisions. <br />a. Resolution No. 23-54 approving the conditional use permit for Lil’ Explorers <br />Childcare Center shall be recorded after the final plat has been recorded. <br />b. A Shared Driveway and Parking Access Agreement shall be recorded. <br />20. Hours of Construction Activity. <br /> <br />All construction activity shall be limited to the hours as follows: <br />Monday through Friday 7:00 a.m. to 7:00 p.m. <br />Saturday 9:00 a.m. to 5:00 p.m. <br />Sunday and Holidays No working hours allowed <br />