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Linda Avenue Addition <br />Development Agreement <br />June 9, 2025 <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 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 />ii. Building permits for model homes not applicable. <br />19. Special Provisions. <br />a. A six (6) ft high privacy fence shall be installed along the east lot line of Lot 2 <br />prior to issuing certificates of occupancy for Lot 2. <br />i. A fence permit is required. <br /> <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 /> <br />Page 285 of 353