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<br /> <br />Meadows at Hugo 2nd Addition 2 <br /> WHEREAS, the City Council of the City has, by Resolution Number 2021-9 on <br />March 1, 2021, approved the preliminary plat for a major subdivision as proposed by the Developer <br />to be known as "The Meadows at Hugo"; and, <br /> <br /> WHEREAS, the City Council of the City has, by Resolution Number 2021-10 on <br />March 1, 2021, approved the PUD general plan for a major subdivision as proposed by the Developer <br />to be known as "The Meadows at Hugo"; and, <br /> <br /> WHEREAS, the City Council of the City has, by Resolution Number 2021-11 on <br />March 1, 2021, approved the comprehensive plan amendment for a major subdivision as proposed by <br />the Developer to be known as " The Meadows at Hugo "; and, <br /> <br /> WHEREAS, the City Council of the City has, by Resolution Number 2022-____ on <br />August 15, 2022, approved the final plat for a major subdivision as proposed by the Developer to be <br />known as "The Meadows at Hugo 2nd Addition" (hereinafter referred to as the "Plat"); and, <br /> <br /> WHEREAS, the Plat proposed a development of an approximately 33 acre parcel of <br />land into 39 residential lots (the “Lots”) and 3 outlots (i.e. Outlots A, B, and C, as shown on the Plat); <br />and, <br /> <br /> WHEREAS, it is the policy of the City to enter into development contracts as <br />contemplated in Minnesota Statutes §462.358, Subd. 2(a); and, <br /> <br /> WHEREAS, the parties hereto desire to set forth their respective rights and obligations <br />of the parties to this Agreement. <br /> <br /> NOW, THEREFORE, in consideration of the premises and of the mutual promises <br />and conditions contained herein, it is agreed by the parties hereto as follows: <br /> <br />A. GENERAL ENGINEERING CONDITIONS; <br /> <br /> 1. Escrow for City Costs and Fees. Developer shall, contemporaneously with <br />the execution of this Agreement, deposit with the City an escrow as outlined in Exhibit C to cover the <br />cost of legal fees, engineering and construction observation fees, administrative expenses, and other <br />costs related to this Plat. <br /> <br /> All fees and costs incurred by the City in connection with the Plat shall be <br />charged against said escrow account which shall remain in effect until the expiration of the warranty <br />period for the Plat, as defined in paragraph 7, in all events said fees and costs shall be the responsibility <br />of the Developer, shall be billed at normal City rates therefor and shall be paid on demand. Any funds <br />remaining in the escrow account after the completion of the warranty period shall be refunded to the <br />Developer. In the event that the escrow account herein is depleted, Developer agrees to post