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<br />LA515-119-849077.v5
<br />the City of Lake Elmo and H.C. Golf Land, LLC, dated June 1, 2017, filed June 28,
<br />2017, as Document No. 4117554, in the Office of the County Recorder, Washington
<br />County, Minnesota, as amended by that certain Amendment to Site Grading
<br />Agreement, dated October 17, 2017, filed November 9, 2017, as Document No.
<br />4134802, as partially released by that certain Partial Release of Site Grading
<br />Agreement, dated April 30, 2019, filed May 8, 2019, as Document No. 4192258; (ii)
<br />City of Lake Elmo Site Improvement Agreement by and between the City of Lake
<br />Elmo and H.C. Golf Land, LLC, dated August 15, 2017, filed August 25, 2017, as
<br />Document No. 4125499, in the Office of the County Recorder, Washington County,
<br />Minnesota; (iii) License and Maintenance Agreement for Landscaping Improvements
<br />by and between the City of Lake Elmo and Royal Development, Inc., dated July 26,
<br />2018, filed September 17, 2018, as Document No. 4168630, in the Office of the
<br />County Recorder, Washington County, Minnesota.
<br />30. EVENTS OF DEFAULT. The following shall be "Events of Default" under this
<br />Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement,
<br />any one or more of the following events:
<br />A. Subject to unavoidable delays, failure by the Developer to commence and complete
<br />construction of the public Subdivision Improvements pursuant to the terms,
<br />conditions, and limitations of this Agreement.
<br />B. Failure by the Developer to substantially observe or perform any material covenant,
<br />condition, obligation, or agreement on its part to be observed or performed under
<br />this Agreement.
<br />31. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject
<br />to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by
<br />written, executed instrument of the City, may take any one or more of the following:
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