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It is understood by the parties hereto that Anoka County may itself undertake the Off -Site <br />Improvements, and that such work may be the subject of an agreement between the <br />County and the City. If the City and Anoka County enter an agreement by which Anoka <br />County proceeds with a project that includes construction of the Off -Site Improvements <br />by the County, the City shall retain the cash escrow portion of security referenced in this <br />paragraph, and the letter of credit or surety agreement shall be returned to the Developer. <br />However, if no County/City Agreement for the construction of the Off -Site <br />Improvements by the County is in place by September 30, 2022 the Developer shall <br />submit final construction plans providing for construction of the Off -Site Improvements <br />by Developer depicted as Contractor Roadway and Parcel Area on the SEH November <br />10, 2020 49 & J Road Concept Plan, Exhibit E (consisting of the turn lane, trails, <br />boulevard trees and signage located within the right of way). The final construction plans <br />shall be approved by the City and County Engineers. In the event Developer undertakes <br />such construction, the security required by this Section 19.d shall be reduced (in the event <br />of a surety agreement or letter of credit) and/or released to Developer (in the event of a <br />cash deposit) consistent with the release procedure set forth in Sections 3 through 5 of the <br />Surety Agreement set forth on Exhibit D attached hereto. <br />DEVELOPER CITY <br />By: By: <br />Its: Its: <br />This instrument was drafted by: <br />Rupp, Anderson, Squires, Waldspurger <br />& Mace, P.A. <br />333 South Seventh Street, Suite 2800 <br />Minneapolis, MN 55402 <br />