3.8. SR 12-15-2008 - Laserfiche WebLink

Home Browse Search

Developer Agreement Twin Lakes Estates 2"d Addition Page 5 (02) The security provided in accordance with the above shall be released after the developer has submitted a request to release the security in writing to the City Engineer and/or his designee, and at the City's sole discretion. The amount released will equal the amount of work completed by the Developer except that: (i) the security will not be released to an amount less than the amount of Developer's total indebtedness, including outstanding City fees,. to the City pursuant to the terms of this Agreement, including the total assessments, interest, and penalties outstanding at the release date; and, (ii) the security will not be released below Three Hundred Thousand and no/100 dollars ($300,000), Twenty-five (25) percent of the original amount until all Improvements pursuant to this Agreement have been completed in full and all other obligations of Developer under this Agreement have been fulfilled, including Developer's obligation to install required Landscaping Improvements and to fulfill the requirements of the Wetland Mitigation, if applicable. 6.) Additional Conditions -Developer specifically agrees to each of the Twenty Five (25) conditions attached as Exhibit B to City Council Resolution No. OS-69 (attached as Exhibit B to this Agreement), which conditions are hereby specifically incorporated into this Agreement and made a part hereof. Developer also agrees to the following conditions: (01) Development Plan - A development plan shall be submitted by Developer and approved by the City Engineer or his designee prior to issuance of any building permit within the Subdivision. Tlie development plan will identify, for each lot in the Subdivision those items noted on the checklist attached as Exhibit C to this Agreement. Approval of the development plan may be contingent upon soil borings, verifying elevations, and compaction tests for proposed house pads. Said soil borings and compactions tests are Developer expenses. (02) Additional Regulatory Approvals -All additional regulatory approvals required for construction of the Improvements or development of the Subdivision shall be obtained before commencement of construction on the Improvements. Additional approvals may include but are not limited to the Department of Health permits for the extension of water; Minnesota Pollution Control Agenry permits for the extension of sanitary sewer or cluster on-site treatment systems; National Pollutant Discharge Elimination System permits for grading; Department of Natural Resources permits for water appropriations; and/or Army Corps of Engineers permits for construction of sedimentation ponds. (03) Wetlands - If the Developer proposes the filling of wetlands in connection with development of the Subdivision, final plat approval is contingent upon, and the final plat shall not be recorded until, receipt of necessary permits from appropriate regulatory agencies to fill wetlands as proposed by the Developer and approval by the Technical Evaluation Panel of the proposed mitigation plan for wetlands filling. If these permits are denied, or approval of the wetland permit and mitigation plan is subject to conditions which significantly impact the Subdivision, the final plat for the Subdivision shall be resubmitted to the City Council for consideration of changes required for the wetland approvals. (04) _ National Pollutant Discharge Elimination System Requirements -Developer shall provide a signed Storm Water Pollution Prevention Plan for City review and approval to control erosion from the site. If the site is over One (1) acre, the Developer shall also apply for an NPDES permit from the Minnesota Pollution Control Agenry. 5:\PLANNING\Agreements\Twin Lakes Estates 2nd.DOC