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Marshan Meadows <br />Development Contract <br />3 -13 -2006 <br />WHEREAS, the Developer is to be responsible for the installation and financing of <br />certain private improvements within the Subdivision; and <br />WHEREAS, said private improvements include grading, drainage, sanitary sewer, <br />water, and driveway improvements; and <br />WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 <br />authorize the City to enter into a performance contract secured by cash escrow or other security to <br />guarantee completion and payment of such improvements following final approval and recording of <br />final plat. <br />herein, <br />NOW, THEREFORE, in consideration of the mutual promises of the parties made <br />IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the <br />I. DESIGNATION OF IMPROVEMENTS <br />A. Improvements to be installed at the Developer's expense by the Developer as <br />hereinafter provided are hereinafter referred to as "Developer Improvements ". <br />II. DEVELOPER IMPROVEMENTS <br />A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, <br />street and utility plan, and a surface water management plan. The plans shall be <br />approved by the City of Lino Lakes. The Developer shall secure a contractor to <br />install these improvements; said contractor shall be approved by the City at its <br />ABSOLUTE discretion. All Developer Improvements shall require City inspection <br />and approval and, where appropriate, and the approval of any other governmental <br />agency having jurisdiction. The Developer shall construct and install at the <br />Developer's expense, the following improvements according to the following terms <br />and conditions: <br />1. Grading Plan <br />a) A final site grading plan, with maximum two -foot contours and <br />cross sections as necessary shall be submitted and approved by the <br />City prior to commencement of any site grading. <br />2. Erosion Control Plan <br />a) The Developer shall submit an erosion control plan, detailing all <br />erosion control measures to be implemented during construction. <br />Said plan shall be approved by the City prior to the commencement <br />of site grading or construction. <br />page 2 <br />- 4 2 - <br />