Common use of Failure to Construct Minimum Improvements Clause in Contracts

Failure to Construct Minimum Improvements. If the Developer fails to construct the Minimum Improvements, the City at its option, may install and construct the Minimum Improvements. In such case, the City, at its option, may specially assess the cost wholly or in part therefore under Minnesota Statutes Chapter 429, or may draw on the irrevocable LOC or cash deposit. If the City specially assesses the cost of any portion thereof, then the Developer hereby waives any and all procedural and substantive objections to the installation of the improvements and the special assessments, including, but not limited to, notice and hearing requirements and any claim that the special assessments exceed the benefit to the Development Property. The Developer waives any appeal rights otherwise available pursuant to Minnesota Statute § 429.081. The Developer acknowledges that the benefit from the improvements equal or exceed the amount of the special assessments.

Appears in 4 contracts

Samples: Contract for Private Redevelopment, Contract for Private Redevelopment, Contract for Private Redevelopment

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