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_ <br />y <br />JA <br />dL <br />t <br />adzrdnisicMdve fees, legal fees, inspection fees, intenst fens, costs . f acquisition of; <br />' easemnm if any. and any other cost incurred by the CI'Ty relating to this <br />Dev <br />op �cnt Ag cn nt and the installation of the a rerncr tior end impr en -its, In <br />.Y. a tiom the DEVELOPER a rc s as follows: <br />DEVELOPER agrees to reimburse the CITE' for all costs described above <br />pertaining to improvcments by special assessments to be levicd against the Subject <br />Property payable over five f years. However, special ass ssMents against each lot in <br />tit Subject Property must be paid in full upon occurrence of any of the following with <br />respect to each such individual lot: Prior to transfer of tine, prior to issuance of an � <br />occupancy perrnit, or upon filing of any liens whichever occurs first. No Certificates <br />or occupancy will be issued ' without prior payment of all outstanding special <br />asssrts a&nst any such lot, <br />(b) Mic DEVELOPER agrees to notify the CITE' of all sales of lots within the Plat. <br />e The DEVELOPER and the CITE' agree that the costs.dcscribcd above pertaining to <br />the improvements shall be assessed against the benefitted property on -a fine year <br />qrt, pursuant to City Code and that the financial guarantee, described in paragraph l <br />r <br />below, will be in force and effect until all such special assessments are paid and all <br />other obligations of DEVELOPER under this Agreement are satisfied. The <br />r <br />Y <br />t and the specific terms of the assessment shall be pursuant to the terms of <br />the "Sunny Ponds Special Assessment Agreerr nt", attached hereto as Exhibit " " and <br />iworpmicd min by reference. The financial guarantee described in paragraph 10 �. <br />way be applied by the CITE' to any of the obligations set forth in this Agreement in the <br />absolutc and sole disc' tion of the City Council. The CITY nay .pursue any ocher <br />renrn y for Worccmcni of such obligations or collection for the costs incurred by the <br />CITY in connecdon therewith, rid is under no obligation to a 'ply the financial <br />gu tntee to any one or number of obligations as long as the CITY determines that <br />then` is a reasonable basis for believing that the dollars remaining in the f nanciaf <br />gumntcc may be needed to assure compliance with ocher remaining obligations of the �. <br />DEVELOPER. <br />i n <br />lo, r r' fi' ��, ,�� The DEVELOPER agrees and under Lands that <br />the CITV has the right, privilege and duthority pursuant to Minnesota Statutes Chaptcr <br />4 <br />t <br />5 <br />X R <br />•� - J ,. -- - - . -.- a+ _.,1,..S.Y. /y�. . -1k.y,.. �- •?•.. -.� . •r `'rt Y�:';'.s'a-lw: r'�+ +' .f x�'wrt'-'r.ta+'°J[.f„�_"'�'„ �r�#^'�q'�`-.* - Y -�..r 4v - <br />.r` .. sue^-�.-rw-.. F.+..•-y.. .. ram.. .,.•, t . � . .. _ _ �, .. <br />i - <br />E <br />