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The lien is in the amount of One Hundred Fifty Thousand and 00/100 Dollars ($150,000), <br />which amount the parties agree represents the City's cost for providing the Financial <br />Assistance. <br />3. The lien amount shall be repaid to the City by Developer within 90 days of completion <br />date of the Public Improvements by the City unless, within such 90 days, the Developer <br />completes construction of the Minimum Improvements. Payment of the hen amount <br />shall be suspended during. any time in which the Developer is making substantial <br />progress on construction of the Minimum Improvements. If the Developer fails to make <br />substantial progress on the Minimum Improvements for a 90 -day period following <br />initiation of work, the lien amount may become immediately due and payable in full. <br />Notwithstanding any other provision herein to the contrary, the lien amount may, at the <br />City's option become immediately due and payable in full if the Minimum Improvements <br />are not completed by December 31, 2006, subject to Unavoidable Delays as defined in <br />the Agreement. <br />4. The Lien shall automatically become null and void upon issuance by the City of a <br />Certificate of Completion for the Minimum Improvements. <br />5. This agreement shall run with the Development Property and shall insure to the benefit <br />of, and be binding upon, the parities hereto and their respective heirs, executors, <br />representatives, successors and assigns. <br />6. In the event that the Developer or any of its successors or assigns fails or refuses to make <br />the repayment required by this agreement, within the time established, the City may, with <br />or without notice, foreclose said lien in the same manner as is provided by statute for <br />action for the foreclosure of mortgages upon real property. <br />7. This a-reement shall be subordinate to any first mortga<ge granted by the Developer to <br />finance the construction of the Minimum Improvements. The City will execute any <br />agreements reasonably requested by the Developer and/or Holders of any first mortgage <br />to evidence such subordination. <br />8. Capitalized terms not otherwise defined herein have the meanings given them in the <br />Agreement. <br />CITY OF RAMSEY, MINNESOTA RIVERSIMANUFACTURING, INC. <br />B) <br />lts: Mayor <br />Bv: <br />Administrator <br />rzzzyvr.\_ <br />By: <br />lts: President <br />a <br />46 <br />