Agenda - Council - 05/25/1993 - Laserfiche WebLink

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VI. WHEREAS, the Developer is obligated to pave 164th Lane N.W. from Highway 47 to its intersection with the East line of Sunkite Street N.W., and VII. WHEREAS, the Developer desires to pave on or before October 15, 1983 Dysprosium Street N.N. from its intersection of the North boundary of Lot 1, Block 6, Barthel's Rum River Acres 2nd Addition to its termination at the South end of the said plat, including 161st Avenue N.W. from lt~ intersection with Dysprosium Street N.W. E, st to its termination, and VIII. WHEREAS, the Developer because of the current economic conditions is unable to pave any of the other streets in said Barthel's Rum River Acres 2nd Addition. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 1) That Paragraph 2) of that Performance Contract between the parties hereto dated October 12, 1979 shall be amended to read'as follows: 2) The construction and blacktopping of the following streets plus the grading and drainage improvements as shown on the construction plans prepared by Dewayne Olson on June 7, 1979 and revised October 4, 1979 shall be known as Phase I of the project and shall be completed on or before October 15, 1983 as follows, notwithstanding the amended plans prepared by Dewayne Olson: a) Dysprosium Street N.W. from its intersection with the North line of of Lot 1, Block 6 of the plat to its intersection with 161st Avenue N.W. b) 161st Avenue N.W. from its intersection with Dysprosium Street N.W. East to its termination. 2) That Paragraph 3) of that Performance Contract between the parties hereto dated October 12, 1979 shall be amended to read as follows: 3) The.construction and blacktopping of 'the following streets in the plat, plus the grading and drainage improvements as shown on the construction plans prepared by Dewayne Olson on June 7, 1979 and revised on October 4, 1979, shall be known as Phase II of the project and shall be completed on or before October 15, 1984 as follows: