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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 /> 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 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 />