03-25-13 Council Packet - Laserfiche WebLink

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Forest View Acres 2 nd Addition Development Contract March, 2013 page 2 WHEREAS, said public and private improvements include grading, drainage, sanitary sewer, water, and driveway improvements ; and WHEREAS, the City Subdivision Ordinance and Min nesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat. NOW, THEREFORE, in consi deration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DE VELOP ER IMPROVEMENTS A . Improvem ents to be installed by the Developer and financed by the Developer are hereinafter referred to as “Developer Improvements”. B. The Developer Improvements are categorized as either Public Improvements or Private Improvement s. Improvements completed within the public right -of -way are hereinafter referred to as “Public Improvements.” Improvements comp leted on private property, regardless of lying within a public easement, are private and are hereinafter refer red to as “Private Improvements ” with the following exception: 1. The public trail located on the west side of Lots 1 & 2; Block 1 shall be con sidered a “Public Improvement.” II. DEVELOPER PLANS A. The subject property shall be developed in accordance with the following plans, original copies of which are on file with the City Engineer. The plans may be prepared after entering this agreement b ut must be completed and approved by the City before commencement of any work on the Subject Property If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A – Plat Plan B – Grading Pla n Plan C – Erosion Control Plan Plan D - Sediment Control Plan Plan E – Utility Plan Plan F – Tree and Ground Cover Plan Plan G – Shrub Plan Plan H – Tree Preservation Plan Plan J – Lighting Plan