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08-28-2013 Council Agenda
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08-28-2013 Council Agenda
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including, but not limited to, planning and engineering fees, legal fees, City staff time, cost of <br />acquisition of easements, if any, shall be paid. Cost for City staff time expended in conjunction <br />with this Contract are expected to equal two and one half percent (2.5 %) of the construction cost <br />involved in the Contract. Said fee can be increased or reduced in the sole discretion of the City, <br />should staff time required vary dramatically from this estimate. This provision is consistent with <br />the Cooperative Development Agreement between the City and Developer, dated December 1st, <br />2008, which is attached hereto and incorporated herein as Exhibit D. <br />19. Developer hereby acknowledges and understands that the City is responsible for the <br />construction of all streets, water mains and services, sanitary sewer and services, and street <br />lights. That the City intends to assess the costs of constructing said improvements against all lots <br />located in the plat. The Resolution approving said levy shall be approved by the City no later <br />than October 15, 2013 so that said assessments may be certified for collection with real property <br />taxes beginning in the year 2014. The assessment will be levied in three installments so that it <br />will be paid in full on or before December 31, 2016. As a condition of the City agreeing to <br />assess the cost of the above improvements, the Developer on behalf of itself, its successors and <br />assigns, hereby waives all rights of appeal as set forth in Minn. Stat. § 429.081 and acts <br />amendatory thereof. <br />Engineering <br />20. The Developer shall cause to be constructed, at its cost and its own risk, the <br />Required Improvements according to City standards. All of the Grading and Drainage <br />Improvements shall be approved by the City and shall be consistent with the Final Plat and the <br />Grading, Drainage, Erosion Control Plans dated January 21, 2013, subject to any revisions <br />required by the City Engineer. A copy of said plans are attached hereto and incorporated herein <br />as Exhibit E. The Developer also agrees to adhere to all terms and conditions as set forth by the <br />r27 - <br />
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