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ADELAIDE LANDING UTILITY AGREEMENT <br />1. The City of Hugo has approved the preliminary plat, PUD general plan for a major <br />subdivision as proposed by the developer known as "Adelaide Landing"; and <br />2. The City approved a gravity based sanitary sewer system to serve the Adelaide Landing <br />subdivision pursuant to plans submitted to the City by the developer; and <br />3. In order for the sanitary system to operate as approved, a portion of the utilities need to be <br />installed outside of the right-of-way and platted lots within the Adelaide Landing <br />subdivision; and <br />4. The utilities will be installed in Outlot A, Adelaide Landing where a drainage and utility <br />easement exists; and <br />5. All terms and conditions of the Adelaide Landing development agreement, document <br />number 4135510 dated November 13, 2017, are incorporated herein by reference; and <br />6. The utilities shall be incorporated into acceptable utility easements located within the <br />second phase of the Adelaide Landing subdivision within the road right-of-way of 131 st <br />Street North no later than June 30, 2018; and <br />7. The total estimated cost of the improvement is $20,000.00. The developer shall either <br />adjust the Letter of Credit to include an additional $45,000.00 or the Letter of Credit shall <br />not be further reduced so that adequate security is maintained for the City; and <br />8. The improvement shall be constructed in accordance with approved plans dated <br />and subject to specific City written approval; and <br />9. All costs associated with the enforcement of this Agreement shall be borne by Developer; <br />and <br />10. The signatories hereto represent, warrant and agree that they are authorized to sign on <br />behalf of the respective parties and bind them hereto. <br />[SIGNATURES ON FOLLOWING PAGES] <br />