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62 § 1001.145 DEVELOPMENT AGREEMENT. (1) Prior to commencing grading, wetland mitigation, or the installation of any required improvements, the developer shall enter into a written development agreement with the city requiring the developer to furnish, construct, and complete the work grading and improvements in accordance with plans and specifications and usual agreement conditions and/or pay appropriate costs for improvements or other costs associated with the plat. Further, the agreement shall provide for the development of any restrictions, covenants, easements, signage, park or open space requirements, or other conditions of the approved preliminary plat and provide for the proper execution, recording or other action required. Further. the agreement shall require that grading and other site work shall not commence until the issuance of a permit from the Rice Creek Watershed District or the Vadnais Lake Area Water Management Organization. as applicable. Approval of the development agreement shall be by City Council resolution. (2) For a project involving a phasing plan, the At the city "s discretion. an initial development agreement shall -may be prepared to allow for grading, wetland mitigation, and installation of stormwater management facilities on the entire site included in the approved preliminary plat. The work may begin after approval of the preliminary plat but only after approval, and execution_, and recording of the development agreement and submittal of financial securities for the work. The work must comply with the approved grading plan. (3) The construction of streets, facilities for sanitary sewer and water, and other improvements beyond grading, wetland, and stormwater facilities shall not begin until approval of a final plat and shall only be installed in the area included in the approved final plat. Each Subsequent project phase shall require a separate development agreement for improvements beyond those covered in previous agreements. Improvements in each phase shall not begin until_ the final plat for that phase is approved,. and the development agreement for the phase is approved, executed, and recorded, and; financial securities for the improvements have been posted with the city. If an initial development agreement for grading. wetland mitigation, and installation of stormwater management facilities is not approved. such work shall be included in the same agreement that covers the construction of streets, sanitary sewer. water. and other improvements. (4) The initial development agreement (for grading) may address construction of streets and facilities for sanitary sewer and water for the first phase and list the financial securities and other requirements. However, the agreement shall stipulate that the work on these improvements shall not begin until approval of the final plat for the first phase land that includes those improvements and the provision of all fmancial securities by the developer. (a5) Each approved and executed development agreement shall be recorded against the property. Each agreement shall require that it is to be binding upon the developer, his, her or their heirs, personal representative, and assigns. It shall stipulate that: • • (a)-1- All improvements called for in the plat, or in any supplementary agreements, must be • complete within the time specified by the city; DRAFT JANUARY 26, 2009