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07-10-2017 Council Packet
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07-10-2017 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
07/10/2017
Council Meeting Type
Regular
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Golden Acre <br />Development Agreement <br />June 26, 2017 <br /> page 4 <br />sanitary sewer, watermain, storm sewer facilities, and roads, constructed by <br />Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system <br />and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall <br />include accurate locations, dimensions, elevations, grades, slopes and all other <br />pertinent information concerning the complete work. The Developer shall also <br />submit certified compaction testing results for the site grading operations. <br />b. Not applicable. <br />c. No securities will be fully released until all record drawings have been submitted <br />and accepted by the City Engineer. <br />10. Faithful Performance of Construction Contracts and Security. <br />a. The Developer will fully and faithfully comply with all terms and conditions of any <br />and all contracts entered into by the Developer for the installation and <br />construction of all Developer Improvements. Concurrent with the execution <br />hereof by the Developer, the Developer will furnish to, and at all times thereafter <br />maintain with the City, a cash deposit, certified check, or Irrevocable Letter of <br />Credit, based on one hundred fifty (150%) percent of the total estimated cost of <br />Developer's Improvements. <br />b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized, it shall be <br />for the exclusive use and benefit of the City of Lino Lakes and shall state that it is <br />issued to guarantee and assure performance by the Developer of all the terms and <br />conditions of this Development Agreement and construction of all required <br />improvements referenced therein in accordance with the ordinances and <br />specifications of the City. The letter shall be in a form, and from a bank, as <br />approved by the City. The City reserves the right to draw, in whole or in part, on <br />any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the <br />terms and conditions of this agreement. The Irrevocable Letter of Credit shall be <br />automatically extended for additional periods of one year from present or future <br />expiration dates. The Irrevocable Letter of Credit may not be terminated without <br />the City’s written consent. <br />c. Not applicable. <br />d. Reduction of Security. The Developer may request reduction of the Letter of Credit <br />or cash deposit based on prepayment or the value of the completed <br />improvements at the time of the requested reduction. <br />11. Warranty. The Developer warrants all utility work required to be performed by it against <br />poor material and faulty workmanship for a period of two years after its completion and <br />acceptance by the City. All new streets shall be warranted by the developer for a period
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