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Development Contract <br />Eagle Brook Church 5 -24 -2004 <br />14. Construction of Developer's Improvements: <br />a) The construction, installation, materials and equipment shall be in <br />accordance with the plans and specifications approved by the City. <br />b) All of the work shall be under and subject to the inspection and <br />approval of the City and, where appropriate, any other governmental <br />agency having jurisdiction. <br />c) Prior to the acceptance of Developer Improvements by the City, the <br />Developer shall obtain final plat approval and record the final plat. <br />d) All construction debris and trash shall be properly disposed of at the <br />Developer expense and in a timely manner as determined by the <br />City. <br />15. The improvements to CSAH 14, CSAH 21, and the Northbound I -35E Exit <br />Ramp, as described in City Council Resolution 04 -17, shall be completed at <br />the Developer expense. The Developer must obtain all necessary approvals <br />from Anoka County and the Minnesota Department of Transportation. The <br />Developer is responsible for acquiring any necessary right -of -way, <br />temporary easements, or permanent easements for the construction of the <br />CSAH 14, CSAH 21, and Northbound I -35E Exit Ramp improvements. <br />16. The Developer shall construct and pay for all improvements as described in <br />the landscaping plan. <br />17. Guarantee <br />a) Faithful Performance of Construction Contracts and Letters of Credit <br />(1) The Developer will fully and faithfully comply with all terms <br />and conditions of any and all contracts entered into by the <br />Developer for the installation and construction of all <br />Developer Improvements and hereby guarantees the <br />workmanship and materials for a period of one year <br />following the City's final acceptance of the Developer's <br />Improvements. Concurrently with the execution hereof by <br />the Developer, the Developer will furnish to, and at all times <br />thereafter maintain with the City, a cash deposit, certified <br />check, or Irrevocable Letter of Credit, based on one hundred <br />fifty (150 %) percent of the total estimated cost of <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 />page 5 <br />-53- <br />