05-27-25 - Council Meeting Agenda

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GRADING AGREEMENT Natures Refuge North THIS AGREEMENT is made this day of , 2025, by and between the City of Lino Lakes ("City"), a Minnesota municipal corporation, and M/I Homes of Minneapolis/St. Paul LLC. ("Developer"). 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 25-61 for a plat known as Natures Refuge North ("Subdivision"). Unless otherwise stated, all terms and conditions of this Agreement relate to work within the Subdivision. 2. Legal Description of Property. The Legal Description is attached hereto as Exhibit A. 3. Developer Plans. a. The Subdivision shall be developed in accordance with the following Developer Plans, original copies of which are on file with the City Engineer. The Developer Plans may be prepared and revised after entering into this Agreement but must be approved by the City before commencement of any work. If the plans vary from the written terms of this Agreement, this Agreement shall control. b. The Developer Plans as of the date of this Agreement are Natures Refuge North preliminary plat civil construction plan set containing 15 sheets, prepared by Carlson McCain, dated May 5, 2025. 4. Grading prior to Final Plat Approval. The Developer may grade the site at its sole cost in conformance with the Developer Plans. In the event these improvements need to be modified due to changes in the approved plans, Developer shall do so at its own expense. Developer expressly acknowledges that grading the site prior to receiving full project approvals is done at the Developer's risk. 5. Permits. The Developer shall be responsible for securing all site grading and development approvals and all other required permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction. 6. Developer Improvements. The Developer shall secure a contractor to install the improvements described in this paragraph, or otherwise required herein to be installed by Developer, hereinafter referred to as the "Developer Improvements," which contractor shall be approved by the City in its absolute and sole discretion. The Developer Improvements shall be constructed per the City Standard Specifications for Construction January 2024, current version.