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the cash escrow agreement automatically turned over and <br /> shall <br /> delivered to the City and applied by the City to the cost of completing <br /> the required improvements. If the funds available within said cash <br /> escrow agreement are not sufficient to complete the required <br /> improvements, the necessary additional cost to the City shall be <br /> assessed against the subdivision. Any balance remaining in the cash <br /> escrow fund after such improvements have been made and all expenses <br /> therefor have been paid shall be returned to the subdivider. In <br /> instances where a letter of credit is used in lieu of a cash escrow or <br /> performance and indemnity bond, said letter of credit shall be in a <br /> form satisfactory to the City and the terms thereof shall substantially <br /> comply with the procedure as set forth for a cash escrow fund. In <br /> instances where a performance and indemnity bond is used in lieu of a <br /> cash escrow or letter of credit, said bond shall be in a form <br /> acceptable to the City and shall comply with all requirements as set <br /> forth in Minnesota Statutes, Section 574.261, as amended, which <br /> Statutes related to surety bonds. <br /> <br /> 170.0391 CONSTRUCTION PLANS (ALL DEVELOPMENT AREAS) <br /> <br /> Construction plans and specification for the required improvements conforming in <br /> all respects mrlth the code and ordinances of the City shall be prepared at the <br /> expense of the subdivider by a professional engineer registered by the State of <br /> Minnesota. Such plans and specifications shall be approved by the City Engineer <br /> and shall become a part of the performance contract. Two (2) prints of said <br /> plans and specifications shall be filed with the City Administrator or his <br /> designated representative. <br /> <br /> 170.039J INSPECTION (ALL DEVELOPMENT AREAS) <br /> <br /> All required improvements shall be inspected during the course of construction <br /> by the City Engineer and acceptance of said improvements by the City shall <br /> require the prior written certification by the City Engineer that said <br /> improvements compliance the plans and <br /> have <br /> been <br /> constructed <br /> in <br /> specifications. <br /> <br /> 170.039K PRIOR ]]vlPROVF2VlENTS <br /> <br /> Improvements ~hich have been completed prior to application for final plat <br /> approval or execution of the performance contract shall be accepted as <br /> equivalent ~ovided the City Engineer shall certify in writing that~L <br />-~improve~e~s con-~-~-~the City standards. <br /> <br /> 170.039L CONSTRUCTION BY CITY <br /> <br />The City shall have the right to install such of the required improvements as it <br />may elect and upon such terms and conditions as it may deem appropriate under <br />the circumstances. <br /> <br />170.039M WARRANTY <br /> <br />The City shall, where appropriate, require of a subdivider submission of a <br /> <br /> <br />