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b. The Developer agrees to grant or dedicate via the plat of the Subdivision all right-of-
<br />way and other easements necessary for the Public Improvements within the Property.
<br />Upon assurances that the Developer intends to move forward with the Improvements,
<br />in the City's sole discretion, the City also agrees to begin efforts via its eminent
<br />domain authority to acquire that portion of right-of-way that is not within the Property
<br />but that is otherwise required for the Public Improvements, in the City's sole
<br />discretion, so that the Subdivision can be accommodated with adequate public access
<br />and utilities. All of the City's costs associated with said acquisition, including, but
<br />not necessarily limited to, administrative costs, appraisal costs, attorneys' fees, filing
<br />fees, real estate costs, commissioner's fees, and owners' fees, as the case may be, shall
<br />be the responsibility of the Developer and shall be reimbursed to the City by the
<br />Developer in accordance with section 3.01 of this Agreement; provided, however, that
<br />the City agrees to pay the first $55,000 toward such costs.
<br />2.02. Plan Approval. Before proceeding with any construction of the Improvements, the
<br />Developer shall submit to the City the required plans and associated documentation outlining the
<br />development, including all Public Improvements necessary (collectively, the "Plans"), for review
<br />and approval by the City and its engineer. All construction, including both the Public and Private
<br />Improvements, shall be in conformance with the approved Plans and any future City approval
<br />documents, including but not limited to those approvals relating to the Subdivision. The Public
<br />Improvements shall be constructed to all City standards and requirements for publicly owned and
<br />operated infrastructure, in the sole discretion of the Director of Public Works and the City engineer,
<br />and the Plans shall only be carried out after they are approved, in writing, by the Director of Public
<br />Works and the City engineer.
<br />2.03. Obligations Related to Improvements.
<br />a. Except as expressly provided in section 2.03(e), the Developer shall construct and
<br />install all Improvements at the Developer's sole cost and expense and shall furnish
<br />all materials, tools, equipment, and labor necessary to complete the Improvements
<br />in accordance with the approved Plans. The Developer shall obtain all necessary
<br />permits and approvals before beginning construction of the Improvements, and the
<br />Developer shall construct the Improvements in a workmanlike and timely manner
<br />according to the plans, specifications, and any other requirements imposed by the
<br />City. Developer shall commence construction of the Improvements as soon as
<br />reasonably practicable, provided, however, that no construction shall occur (nor
<br />will any permits for the Improvements be issued) until the final plat of the
<br />Subdivision is duly approved by the City and recorded in land records in Ramsey
<br />County and all other necessary easements are obtained by the City pursuant to
<br />section 2.01(b). The Developer shall complete construction of the Public
<br />Improvements on or before November 30, 2025. The City agrees to extend such
<br />deadline for any delays that are caused solely by the City, and the City may agree
<br />to extend such deadline, in its sole discretion, for any other reason.
<br />Notwithstanding the foregoing, the final wear course of bituminous on the newly
<br />constructed street extension shall not be installed until 10 of the 12 dwellings within
<br />the Subdivision are constructed, provided, however, that the City shall have the
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