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<br /> <br />GRADING AND TRUNK UTILITY AGREEMENT <br />Saddle Club 4th Addition <br /> THIS AGREEMENT is made this _____ day of ____________, 2018, by and between the <br />City of Lino Lakes, a Minnesota municipal corporation, and Dupont Holdings, LLC (“Developer”). <br />1. Subdivision. Developer received preliminary plat approval from the City by Resolution <br />No. 18-72 for a plat known as Saddle Club 4th Addition (“Subdivision”). Unless otherwise <br />stated, all terms and conditions of this Agreement relate to work within the Subdivision. <br />2. Legal Description of Property. The Legal Description is attached hereto as Exhibit A. <br />3. Grading Approval. The City grants approval to commence with site grading, wetland <br />mitigation and installation of trunk sanitary sewer and watermain, as provided for in <br />City Code Section 1001.145, contingent upon execution and delivery of this agreement <br />and all required petitions, bonds, security and documents specified herein. <br /> <br />4. Phased Development. The City may refuse to approve final plats of subsequent additions <br />of the plat if the Developer has breached this Agreement and the breach has not been <br />remedied. Development of subsequent phases may not proceed until Development <br />Agreements for such phases are approved by the City. <br />5. Developer Plans. <br />a. The Subdivision shall be graded and sanitary sewer and water utilities installed <br />in accordance with the following Developer Plans, original copies of which are <br />on file with the City Engineer. The Developer Plans may be prepared and <br />revised after entering into this Agreement but must be approved by the City <br />before commencement of any work. If the plans vary from the written terms of <br />this Agreement, this Agreement shall control. <br />b. The Developer Plans as of the date of this Agreement are: <br />i. Saddle Club 4th Addition Plans prepared by Plowe Engineering Inc., dated <br />April 30, 2018. <br />6. Permits. The Developer shall be responsible for securing site grading and development <br />approvals and permits from appropriate Federal, State, Regional and Local jurisdictions <br />prior to the commencement of site grading and utility improvements. <br />7. Developer Improvements. The Developer shall secure a contractor to install these <br />improvements, hereinafter referred to as the “Developer Improvements,” which <br />contractor shall be approved by the City in its absolute discretion. The cost of