08-25-25 - City Council Agenda - Laserfiche WebLink

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Java Lino Lakes Second Addition Development Agreement August 25, 2025 page 10 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. Final plat is filed for record with the Anoka County Recorder’s office. b. Review and approval of the building permit application by the Building Official. c. Developer acknowledges that no certificate of occupancy will be issued until the Marketplace Drive improvements including public sanitary sewer and water main, storm sewer, curb and gutter, bituminous base course, and temporary street signs have been installed. The City shall make best efforts to complete these improvements in a timely manner but shall assume no liability resulting from delays in completion of improvements. 19. Special Provisions. a. Shared Driveway and Parking Access Agreements and exhibits shall be recorded detailing private maintenance responsibilities including the driveways, landscaped parking lot medians, island landscaping, lighting, and other related appurtenances. b. Developer is responsible for removing or abandoning the sanitary sewer line in the vacated 77th Street right- of-way. The City assumes no liability and shall be held harmless for any damages associated with the Developer’s failure to remove or abandoned said sanitary sewer. c. Developer is responsible for coordination and costs associated with the relocation of private utilities located within the vacated 77th Street right-of-way. d. As-Built Survey. Upon completion of improvements and prior to release of securities. the Developer’s engineer shall certify, in writing with an as-built Page 141 of 171