|
<br />(03) Changes in Official Controls. For two (2) years from the date of this Agreement, no
<br />amendments to the City’s Comprehensive Plan or official controls shall apply to or affect the use,
<br />development density, lot size, lot layout or dedications of the Development unless required by state or
<br />federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything
<br />in this Agreement to the contrary, to the full extent permitted by state law, the City may require
<br />compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or
<br />dedication requirements enacted after the date of this Contract.
<br />3. Right to Proceed. Within the Subdivision, the Developer may not grade or otherwise disturb the
<br />earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any
<br />buildings until all the following conditions have been satisfied: (1) this Agreement has been fully executed by
<br />both parties and filed with the City Clerk; (2) the necessary security has been received by the City; (3) the
<br />necessary insurance for the Developer and its construction contractors has been received by the City; (4) the
<br />final plat for the Subdivision has been filed with the office of the Sherburne County Recorder or Registrar of
<br />Titles, and (5) all required permits are secured and a copy filed with the City Engineer.
<br />4. Development Plans. The Subdivision shall be developed in accordance with the following plans (The
<br />Plans). The Plans shall not be attached to this Agreement. With the exception of Plans A, B and E the Plans
<br />may be prepared, subject to the City Engineer’s approval, after entering into this Agreement, but before
<br />commencement of any work in the Development. The City Engineer may approve minor amendments to
<br />Plan B without City Council approval. If the Plans vary from the written terms of this Contract, the written
<br />terms shall control. The Plans are:
<br />Plan A - Plat
<br />Plan B - Final Grading, Drainage, and Erosion Control Plan & SWPPP
<br />Plan C - Plans and Specifications for Public Improvements
<br />Plan D - Landscape Plan
<br />Plan E – Storm water Management Plan detailing long term ownership, maintenance schedules
<br />and procedures for all stormwater facilities as required by the City’s MS4 permit
<br />5. Improvements. In accordance with the application materials submitted by Developer, the preliminary
<br />and final plats of the Subdivision, the City Council Resolution attached as Exhibit A hereto, and the applicable
<br />standards and ordinances of the City, the following described Improvements (the Improvements) shall be
<br />constructed and installed on the terms and conditions hereinafter contained:
<br />(01) Site grading to elevations shown in the approved grading and drainage plan and construction
<br />of retaining walls (Site Grading);
<br />(02) Streets, as required by the City, including grading, graveling and stabilizing, constructing and
<br />vegetating of berms, swales and boulevards, planting trees on boulevards, permanent street surfacing
<br />with bituminous material, installing concrete curbs, gutters and driveway approaches, and installing
<br />traffic control street signs as required the City Engineer and installing street lights as required by the
<br />local utility (Street Improvements) ;
<br />(03) Sidewalks, as required by the City (Sidewalk Improvements);
<br />(04) Storm sewers, as required by the City, including all necessary pipes, manholes, catch basin,
<br />ditches, inlets, retention areas and other appurtenances (Storm Sewer Improvements);
<br />2
<br />
|