10-27-2004 Council Agenda - Laserfiche WebLink

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Hidden Acres Development Contract improvement of the public utilities portion of the project (water, sanitary sewer, and streets) will only be granted approval of the final plat by the City pursuant to Little Canada Subdivision Ordinances and pursuant to the execution of a development agreement to more completely govern the terms and conditions by which future improvements shall be made. NOW THEREFORE, the City and Developer agree as follows: Contract 1. The Developer shall cause to be constructed, at its cost and its own risk, the Required Improvements according to City standards. All of the Grading and Drainage Improvements shall be approved by the City and shall be consistent with approved Preliminary Plat and the Grading Drainage and Erosion Control Plan as revised and dated October 11, 2004. A copy of said plan is attached hereto and incorporated herein as Exhibit A. The Developer also agrees to adhere to all terms and conditions as set forth by the Ramsey - Washington Metro Watershed District (RWIvIWD) Permit #04 -44, a copy of which is attached hereto as Exhibit B. 2. This Grading Permit Agreement shall not give the Developer any basis or cause for claim against the City and its officers and employees for damages sustained or costs incurred resulting from City's subdivision approval requirements and subsequent development, if any. Nothing in this agreement is intended to circumvent the City's legislative process and discretion associated with the subdivision approval process. Furthermore, the Developer agrees to indemnify, defend and hold harmless the City, its agents and employees from any claim, demand, suit, action or other proceeding whatsoever by any person for any loss or damage to property or any injury to or death of any person resulting from any actions of the Developer, or their agents or contractors. Until all of Developer's obligations under this contract are fulfilled, the Developer shall provide and maintain public liability and property damage insurance covering personal injury, includi,:g death, and claims for property damage which may arise. 2 -4