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• Development Contract — Site Grading and Bridge Only Pheasant Hills Preserve 12th an arc length of 136.02 feet) a chord bearing and distance of North 86 degrees 24 minutes 53 seconds East, 136.01 feet to the point of beginning. And EXCEPT the North 1100 feet of Outlot D, PHEASANT HILLS PRESERVE, Anoka County, Minnesota. And EXCEPT the South 400 feet of the North 1500 feet of the East 600 feet of Outlot D, PHEASANT HILLS PRESERVE, Anoka County, Minnesota. WHEREAS, the Developer has requested approval to commence with site grading and bridge construction activities, and WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat; and herein, NOW, THEREFORE, in consideration of the mutual promises of the parties made IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". II. DEVELOPER'S IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, preliminary street, bridge, and utility plan, and a surface water management plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: 1. Grading Plan a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. The plan shall provide custom grading of each lot, provisions for rainwater gardens, and shall be subject to the approval of the City prior to any site grading. The final site grading plan shall also be page 2 -59-