12-10-2018 Council Meeting Packet

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{00149157 12} 3. d. final engineering and construction plans for the applicable subdivision improvements for that phase have been submitted by the Developer in digital form and approved by the City engineer; such approval shall not be unreasonably withheld. e. the Developer has reimbursed the City for all legal, engineering and administrative expenses reasonably incurred by the City to date regarding the City Approvals; f. the Developer has submitted Homeowners’ Association Covenants and Restrictions to the City for that phase and the City Attorney has reviewed them and confirmed in writing that the covenants and restrictions contain all provisions required by this Agreement; g. the Developer has received required permits and approvals for that phase from governmental agencies having jurisdiction over the Development; h. the Developer or the Developer’s engineer has initiated and attended a preconstruction meeting with the City engineer and staff; i. the City has received in recordable form approved by the City, easements for public trail purposes for the phase to be developed as required by City Approvals; j. the City has received from Developer, in recordable form approved by the City, all easements and deeds concerning Developer’s property as required by this Agreement, the Plans, and City Approvals; and k. The Owner has placed in escrow in recordable form approved by the City, the open space easement required by Section 7.2 hereof and the drainage and utility easements required by Section 7.3 hereof. l. the Owner has placed in escrow, in recordable form approved by the City, the deed and easement for the Public Park and Park access required by Section 8.2 hereof. Article II Definitions The following terms are defined in this Master Agreement and shall have the meanings given to them: City-City of Lino Lakes, a municipal corporation under the laws of Minnesota. City Approvals-consists of all documents listed in Exhibit B of this Master Development Agreement, all resolutions approved as part of this development, all minutes associated with this development, and any other valid document associated with the City approval process for the Watermark Preliminary Plat. Core Values-refers to section 4.3 of this Master Agreement; the intended values to be preserved when examining changes from preliminary plat to final plat. Developer-U.S. Home Corporation and any successors or assigns, or any future landowner of undeveloped property within the Developer’s Property. Financial Guarantee-A letter of credit, cash escrow, or other guarantee acceptable to the City that serves as an assurance of completion of the required improvements.