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• <br />• <br />• <br />Development Contract — Site Grading Only <br />The Preserve <br />July 23, 2007 <br />Developer's Improvements. An Irrevocable Letter of Credit <br />shall be for the exclusive use and benefit of the City of Lino <br />Lakes and shall state thereon that the same is issued to <br />guarantee and assure performance by the Developer of all the <br />terms and conditions of this Development Contract and <br />construction of all required improvements in accordance with <br />the ordinances and specifications of the City. The City <br />reserves the right to draw, in whole or in part, on any portion <br />of the Irrevocable Letter of Credit for the purpose of <br />guaranteeing the terms and conditions of this contract. The <br />Irrevocable Letter of Credit shall be automatically extended <br />for additional periods of one year from present or future <br />expiration dates unless thirty (30) days prior to such the City <br />Clerk or Administrator is notified in writing by certified mail <br />that the Letter of Credit will not be renewed. <br />b) Reduction of Escrow Guarantee. <br />(1) The Developer may request reduction of the Letter of Credit, <br />or cash deposit based on prepayment or the value of the <br />completed improvements at the time of the requested <br />reduction. Prior to the final acceptance of the Developer's <br />Improvements the City shall require a Performance Bond or <br />Cash Escrow to cover the warranty provisions of the <br />agreement. The amount shall be determined by the City <br />Engineer. <br />III. CITY'S IMPROVEMENTS <br />A. No City improvements are proposed under the grading project. <br />IV. RECORDING AND RELEASE <br />A. The Developer agrees that the terms of this Development Contract shall be a <br />covenant on any and all property included in the Subdivision. The Developer agrees <br />that the City shall have the right to record a copy of this Development Contract with <br />the Anoka County Recorder to give notice to future purchasers and owners. This <br />shall be recorded against the Subdivision described on Page 1 hereof. City shall <br />provide to Developer upon payment of all the special assessments levied against a <br />parcel a release of such parcel from the terms and conditions of this Development <br />Contract subject to provisions contained in this contract. <br />page 8 <br />- 1 3 9 - <br />