2005-098 Council Resolution - Laserfiche WebLink

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Grading Only-Development Agreement Apollo Landing July 25, 2005 That part of the East 160.00 feet of the West 660.00 feet of the South 500.00 feet of the Southeast Quarter of the Southwest Quarter of Section 8, Township 31, Range 22, lying North of a line being 50.00 feet North of the centerline of public street described as follows: Commencing at the South Quarter Corner of said Section 8, Township 31, Range 22; thence on an assumed bearing of West along the South line of said Southeast Quarter of the Southwest Quarter a distance of 836.79 feet to the point of beginning of the centerline to be described; thence Northeasterly 1124.51 feet along the arc of a non- tangential curve, concave to the Southeast, having a central angle of 78 degrees 42 minutes 57 seconds, ana a radius of 818.51 feet, the long chord of which bears North 67 degrees 05 minutes 31 seconds East 1038.14 feet; thence South 73 degrees 33 minutes 00 seconds East a distance of 221.72 feet, more or less, to the centerline of Lake Drive and there terminating. WHEREAS,the Developer is to be responsible for the installation and financing of certain private improvements within the subdivision; and WHEREAS,Minnesota Statute 429 provides a method for assessing the cost of City installed improvements to the benefited property. 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 NOW,THEREFORE,in consideration of the mutual promises of the parties made herein, 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". B. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as"City Improvements". II. DEVELOPER IMPROVEMENTS A. The Developer's Engineer shall prepare,at the Developer's expense, a grading plan, street 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 page 2