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

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Natures Refuge North Trunk Utility Agreement August 11, 2025 page 4 11. Warranty. The Developer warrants all utility work required to be performed by it against poor material and faulty workmanship for a period of two years after its completion and acceptance by the City. Prior to final acceptance of the Developer Improvements the City shall require a Surety Bond or Cash Escrow to cover the warranty provisions of this Agreement. The amount shall be 20 % of the original cost of construction identify in Exhibit B. 12. Dedication. The Developer shall grant to the City, at no cost to the City, temporary public drainage and utility easements covering the sanitary sewer, watermain and storm sewer utility improvements. The temporary easements for sanitary sewer, watermain and storm sewer shall be co-extensive with street right-of-way and permanent easements within which the utilities are located, as those rights-of-way and easements are shown on the Preliminary Plat. The temporary easements shall be in effect until a final plat is approved over said easement area. The required easements shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 13. Ownership of Improvements. Upon completion and City acceptance of the sanitary sewer, watermain and storm sewer installation those improvements, lying within the approved easements, shall become City property without further notice or action. Unless the improvements are to be deemed private infrastructure. 14. Recording and Release. The Developer agrees that the terms of this Trunk Utility Installation Agreement shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Agreement with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1. 15. Escrow for City’s Costs. a. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount determined by the City Administrator or their designee for the payment of all costs incurred by the City related to the development of the Subdivision including, but not limited to, the following (See Exhibit B for breakdown of costs): i. Administration - 3% of Developer Improvement Costs ii. Estimated City Engineering and Legal Costs b. If the above escrowed amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow with suitable documentation supporting the charges. Page 643 of 679