08-11-25 - City Council Agenda - Laserfiche WebLink

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TRUNK UTILITY 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 subject property shall have sanitary sewer, water, and storm sewer utilities installed 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 1st Addition Sanitary Sewer, Watermain, Storm Sewer and Street Construction Plans containing 19 sheets, prepared by Carlson McCain, dated June 26, 2025. The street construction portion of the plans are not party to this agreement. 4. Trunk Utility Installation Prior to Final Plat Approval. The Developer may install sanitary sewer, water, and storm sewer utilities on the Exhibit A property at its sole cost in conformance with the Developer Plans. In the event the early utility installation work needs to be modified due to changes in the Developer plans required by the City or other jurisdictional authority, Developer shall make the changes at its own expense. Developer expressly acknowledges that installing utilities on the site prior to receiving full project approvals is done at the Developer’s sole risk. 5. Permits. The Developer shall be responsible for securing all utility installation and development approvals and all other required permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of the utility installation and 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 Page 640 of 679