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• <br />• <br />• <br />Development Contract — Site Grading Only <br />Marshan Meadows <br />October 10, 2005 <br />WHEREAS, the Developer has requested approval to commence with site grading <br />activities, 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 <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 />B. Improvements to be installed by the City and financed by the Developer are <br />hereinafter referred to as "City 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. <br />b) The grading plan and all site grading shall be provided and conducted <br />in accordance with the plan as approved by the City, NPDES <br />requirements and the Rice Creek Watershed District. The Developer <br />shall perform the work in accordance with a Stormwater Pollution <br />Prevention Plan in accordance with Minnesota Pollution Control <br />Agency (MPCA) requirements. <br />page 2 <br />