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Talan Ridge <br />Development Contract <br />September, 2014 <br />requirements, any claim that the assessments exceed the benefit to the <br />properties, and any right to appeal. <br />ii. Unless the Developer pays the entire balance owed for the Charges <br />contemporaneously with the execution of the Agreement, the Developer <br />shall provide to the City a cash escrow or irrevocable letter of credit in an <br />amount equal to 35% of the total assessments as estimated by the City <br />Engineer (see Attachment B). The letter of credit shall be in a form, and <br />from a bank, as approved by the City. '1eletter of credit or cash escrow <br />may be used by the City upon defa . `Developer in the payment of <br />special assessments. The cash e ctro ; tter of credit shall remain in <br />place throughout the term of 3 - e special assessments. <br />iii. All special assessments be payable to the City Clerk in semi-annual <br />installments over 15 yemmencing on April 15-th of the year after the <br />levy of such assessment acid each September 15`h and April 15`h <br />thereafter until the entire balance plus accrued interest is paid in full. In <br />the alternative, the City may, at its option, certify the entire assessment roll <br />to the Anoka County Auditor for collection with real estate taxes. <br />iv. Developer, its heirs successors or assigns, agrees that within 30 days after <br />truce of a certificate of occupancy for a residence on a lot located <br />division that is assessed forthe cost of the Charges, the <br />eirs, successors or assigns, agrees, at its own cost and <br />the entire unpaid Charges assessed or to be assessed under <br />t, such property. <br />v. Iia certific_of occupancy is issued before the special assessments have <br />been tied, eveloper, its heirs, successors or assigns shall pay the <br />City therm o equal to 120% of the Engineer's estimate of the <br />special asaessmentsor such City Improvements that would be levied <br />against the'' roperty. Upon such payment the City shall issue a certificate <br />owing Al assessments are paid in full. Notwithstanding the issuance of <br />ate, the Developer shall be liable to the City for any deficiency <br />and ; ity shall pay the Developer any surplus arising from the payment <br />based upon such estimate. Developer will be paid interest on all <br />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 />i. In the event the Developer violates any of the covenants, conditions or <br />agreements herein, violates any ordinance, rule or regulation of the City, <br />County of Anoka, State of Minnesota or other governmental entity having <br />jurisdiction over the plat, or fails to pay when due any installment of any <br />page 8 <br />