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i <br />I <br />i <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />i <br />I <br />I <br /> <br />- 3 - <br /> <br />DEVELOPMENT CONTRACT - RIVER'S BEND <br /> <br />(c) <br /> <br />The Developers and the City agree that the costs <br />described above pertaining to improvements shall <br />be assessed against the benefited property on a 5 <br />year basis, pursuant to Minnesota Statutes Chapter <br />429. <br /> <br />The Developers agree that this Development Contract <br />shall be recorded in the office of the Anoka County <br />Recorder and agree that the terms and provisions of this <br />Contract shall be a covenant on any and all deeds <br />relative to the property included in the plat. <br /> <br />The Developers agree and understand that the City has <br />the ~ight, privilege and authority pursuant to <br />Minnesota Statutes Chapter 462.358 as a condition <br />precedent to the approval of the plans and <br />specifications and approval of a final plat, to <br />prescribe requirements and the extent to which, and the <br />manner in which the streets be graded or improved, and <br />the water, sewer, and other utility mains, piping or <br />other facilities shall be installed and that the <br />Developers shall provide a financial guarantee to the <br />City to provide for the actual construction and <br />installation of the required improvements within a <br />'period specified by the City Council. <br /> <br />Said financial guarantee shall provide that the City <br />possess the statutory power to enforce such financial <br />guarantee by all appropriate and legal remedies. Said <br />financial guarantee shall be a letter of credit as <br />follows: The Developers shall provide the City, in a <br />form acceptable to the City, a letter of credit in an <br />amount equal to of the total cost of the <br />project. The City will accept the letter of <br />credit subject to the Developers' agreement that all <br />levied special assessments pertaining to the lots within <br />the subdivision be paid at the time a certificate of <br />occupancy is issued for a residence within the <br />subdivision and payment of all pending special <br />assessments pertaining to the lots within the <br />subdivision be guaranteed by excrowing an amount equal <br />to 110% of the pending special assessments at the time <br />of the issuance of the certificate of occupancy for <br />residence on any one of the lots within the subdivision. <br />The total estimated costs of the improvement is <br />$1,300,000.00 (escrow amoUnt is $ ). The financial <br />guarantee shall assure the City that the improvements <br />required herein will be actually constructed and <br />installed according to specifications approved by the <br />City, and that the special assessments are paid as <br />required herein. <br /> <br /> <br />