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• <br />• <br />Development Contract — Site Grading Only <br />Foxborough <br />April 25, 2005 <br />Quarter of the Northwest Quarter of Section 33; thence South 89 degrees 57 minutes 28 seconds <br />East, assumed bearing, along the north line of said Southwest Quarter of the Northwest Quarter a <br />distance of 1304.74 feet to the northeast corner of said Southwest Quarter of the Northwest <br />Quarter; thence South 25 degrees 18 minutes 53 seconds West 387.05 feet; thence North 22 <br />degrees 00 minutes 26 seconds West a distance of 377.62 feet to said north line; thence North 89 <br />degrees 57 minutes 28 seconds West along said north line a distance of 332.74 feet; thence South <br />64 degrees 53 minutes 35 seconds West a distance of 729.37 feet to the west line of said <br />Southwest Quarter of the Northwest Quarter; thence North 00 degree 50 minutes 22 seconds <br />West along said west line 310.00 feet to the point of beginning. <br />activities, and <br />WHEREAS, the Developer has requested approval to commence with site grading <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 <br />NOW, THEREFORE, in consideration of the mutual promises of the parties made <br />herein, <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'S IMPROVEMENTS <br />A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, <br />and street and utility plan. The Developer shall secure a contractor to install these <br />improvements; said contractor shall be approved by the City at its ABSOLUTE <br />discretion. All Developer improvements shall require City inspection and approval <br />and, where appropriate, the approval of any other governmental agency having <br />jurisdiction. The Developer will construct and install at Developer's expense the <br />following improvements according to the following terms and conditions: <br />1. Grading Plan <br />a) A final site grading plan, including certified wetland delineation, with <br />maximum two -foot contours and cross sections as necessary shall be <br />submitted and approved by the City prior to commencement of any site <br />grading. The final site grading plan shall also be subject to the <br />approval of any other governmental agency having jurisdiction, <br />including but not limited to the Rice Creek Watershed District <br />