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• <br />• <br />Forest View Acres 2m1 Addition <br />Development Contract <br />March, 2013 <br />WHEREAS, said public and private improvements include grading, drainage, <br />sanitary sewer, 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. DEVELOPER IMPROVEMENTS <br />A. Improvements to be installed by the Developer and financed by the Developer are <br />hereinafter referred to as "Developer Improvements ". <br />B. The Developer Improvements are categorized as either Public Improvements or <br />Private Improvements. Improvements completed within the public right -of -way are <br />hereinafter referred to as "Public Improvements." Improvements completed on <br />private property, regardless of lying within a public easement, are private and are <br />hereinafter referred to as "Private Improvements" with the following exception: <br />1. The public trail located on the west side of Lots 1 & 2; Block 1 shall be <br />considered a "Public Improvement." <br />II. DEVELOPER PLANS <br />A. The subject property shall be developed in accordance with the following plans, <br />original copies of which are on file with the City Engineer. The plans may be <br />prepared after entering this agreement but must be completed and approved by the <br />City before commencement of any work on the Subject Property If the plans vary <br />from the written terms of this Agreement, the written terms shall control. The plans <br />are: <br />Plan A — Plat <br />Plan B — Grading Plan <br />Plan C — Erosion Control Plan <br />Plan D - Sediment Control Plan <br />Plan E — Utility Plan <br />Plan F — Tree and Ground Cover Plan <br />Plan G — Shrub Plan <br />Plan H — Tree Preservation Plan <br />Plan J — Lighting Plan <br />page 2 <br />