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<br /> <br /> GRADING AND TRUNK UTILITY AGREEMENT <br />Watermark <br /> THIS AGREEMENT is made this _____ day of ____________, 2018, by and between the City <br />of Lino Lakes, a Minnesota municipal corporation, and U.S. Homes Corp. d/b/a Lennar <br />(“Developer”). <br />1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. <br />16-51 for a plat known as Watermark (“Subdivision”). <br />2. Legal Description of Property. The Legal Description is attached hereto as Exhibit A. <br /> <br />3. Developer Plans. <br />a. The subject property shall be graded and trunk sanitary sewer, water, and storm <br />sewer utilities installed in accordance with the following Developer Plans, <br />original copies of which are on file with the City Engineer. The Developer Plans <br />may be prepared and revised after entering into this Agreement but must be <br />approved by the City before commencement of any work. If the plans vary from <br />the written terms of this Agreement, this Agreement shall control. <br />b. The Developer Plans as of the date of this Agreement are Watermark Grading <br />Development and Erosion Control Plan (Phase 1), and Trunk Utility Exhibit <br />(Grading Agreement) prepared by Carlson McCain, dated May 31, 2018. <br />4. 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 trunk utility improvements. <br />5. 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 <br />Developer Improvements is as shown on Exhibit B attached hereto. All Developer <br />Improvements shall require City inspection and approval and, where appropriate, the <br />approval of any other governmental agency having jurisdiction. The Developer shall <br />construct and install at the Developer's expense the following improvements according <br />to the following terms and conditions: <br />a. No grading shall commence until all requirements of the Rice Creek Watershed <br />District (RCWD) have been satisfied. <br />b. All site grading shall be conducted in accordance with the grading plan as <br />approved by the City and in accordance with NPDES and RCWD requirements.