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Development Contract <br />Stoneybrook 1st Addition <br />entire assessment roll to the Anoka County Auditor for collection with the <br />Real Estate Taxes. In the event any payment is not made on the dates set out <br />herein, the City may exercise its rights granted hereunder for such default. <br />The Developer waives any and all procedural and substantive objections to <br />the installation of the City Improvements and the special assessments, <br />including but not limited to hearing requirements and any claim that the <br />assessments exceed the benefit to the property. In the event the total of all <br />City Installed Improvements is less than originally estimated by the City <br />Engineer in his feasibility report, Developer waives any appeal rights <br />otherwise available pursuant to M.S.A. 429.081. <br />D. Required Payments of Special Assessments by Developer. <br />1. Developer, its heirs, successors or assigns hereby agrees that within thirty <br />(30) days after the issuance of a certificate of occupancy for a residence on a <br />lot located within the Subdivision which is assessed for the cost of such City <br />Improvements, the Developer, its heirs, successors or assigns, agrees, at its <br />own cost and expense, to pay the entire unpaid City Improvement Costs <br />assessed or to be assessed under this agreement against such property. <br />2. If a certificate of occupancy is issued before the special assessments have <br />been levied, the Developer, its heirs, successors or assigns shall pay the City <br />the sum of cash equal to one hundred twenty percent (120 %) of the <br />Engineer's estimate of the special assessments for such City Improvements <br />that would be levied against the property. Upon such payment the City shall <br />issue a certificate showing the assessments are paid in full. Notwithstanding <br />the issuance of said certificate, the Developer shall be liable to the City for <br />any deficiency and the City shall pay the Developer any surplus arising from <br />the payment based upon such estimate. Developer will be paid interest on <br />all assessments paid before the levy of such assessments by the City at the <br />bond interest rates paid by the City. <br />E. Acceleration Upon.Default. <br />1. In the event the Developer violates any of the covenants, conditions or <br />agreements herein contained to be performed by the Developer, violates any <br />ordinance, rule or regulation of the City, County of Anoka, State of <br />Minnesota or other governmental entity having jurisdiction over the plat, or <br />fails to pay any installment of any special assessment levied pursuant hereto, <br />or any interest thereon, when the same is to be paid pursuant hereto, the City <br />at its option, in addition to its rights and remedies hereunder, after ten (10) <br />days' written notice to the Developer, may declare all of the unpaid special <br />assessments which are then estimated or levied pursuant to this agreement <br />due and payable in full, with interest. The City may seek recovery of such <br />special assessments due and payable from the security provided herein. In <br />page 9 <br />