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FIRST AMENDMENT <br />TO <br />DEVELOPMENT CONTRACT & PLANNED UNIT DEVELOPMENT <br />AGREEMENT <br />Saddle Club <br />This Amendment is entered into on November , 2014, by and between the <br />City of Lino Lakes and DuPont Holdings, LLC, parties to the "Development Contract & <br />Planned Unit Development Agreement" approved by the City Council on August 25, <br />2014, and attached as Attachment A. <br />RECITALS <br />1. The Developer requested that it be allowed to commence installation of the <br />sanitary sewer main along Birch Street and Old Birch Street from Birch Court east <br />approximately 1,300 feet, to the proposed Saddle Club development. The <br />remainder of the sewer main work will not occur until 2016. <br />2. The Developer is responsible for the installation and fmancing of certain private <br />improvements for the Subdivision, including the sewer main. <br />3. The City Subdivision Ordinance and Minnesota Statute section 462.358 authorize <br />the City to enter into a performance contract secured by cash escrow or other security <br />to guarantee completion and payment of such improvements following fmal approval <br />and recording of the fmal plat. <br />AGREEMENT <br />In consideration of the foregoing recitals and other good and valuable <br />consideration, it is agreed between the parties as follows: <br />1. The Developer may commence installation of the sewer main from Birch Court <br />east to the Saddle Club development prior to, and separate from, installation of the <br />rest of the sewer main and other project improvements. <br />2. Financial security of $162,000 is to be submitted in the form of a letter of credit <br />acceptable to the City, that amount being 150% of the estimated cost of <br />improvements ($108,000), as set forth in Attachment B. <br />3. All other terms of the Development Contract & Planned Unit Development <br />Agreement remain unchanged. <br />