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Milestones Addition <br /> Development Agreement <br /> August 28, 2023 <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 /> 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 /> page 10 <br />