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in a form acceptable to developer and must be issued by <br />the City prior to the issuance of a building permit for such <br />lot conveyed. This requirement shall terminate upon the earlier <br />of the following dates: The filing in the office of the Anoka <br />County Recorder of a certified copy of a resolution by the <br />City of Ramsey that the plat of Flintwood Hills Second Addition <br />is in compliance with this Performance Contract, or June 1, <br />1986. The deposits described in this paragraph 4 shall not be <br />required for any conveyance of lots in said plat by Developer <br />to any other entity in which Developer has a controlling <br />ownership interest. <br /> <br /> The City agrees to reduce the amount of the performance <br />bonds required pursuant to paragraph 3 herein in an amount <br />equal to the amount deposited in escrow pursuant, to this <br />paragraph. <br /> <br /> 5. Further, the Developer shall pay to the City all <br />expenses of the City for the preparation of any plans and <br />specifications prepared by the City and not furnished by <br />Developer for the said improvements, and that said payment <br />shall be made to the City in advance based upon the City <br />cost estimates of the City Engineer. The said payment shall <br />also include the inspection costs of the City for its costs <br />in inspecting the construction of the aforesaid improvements <br />by the City Engineer. The Developer shall also pay to the <br />City any legal expenses incurred which relate to the required <br />improvements. <br /> <br /> 6. IT IS FURTHER AGREED, that should any of the aforesaid <br /> terms of this agreement fail to be performed by the Developer in <br /> the time permitted herein, or in the manner required by the <br /> City ordinances and the City Engineer, that the City shall <br /> be e~titled to recover from the Deveioper and its surety <br /> agents on demand by the City ~he amount of the outstanding <br /> performance bond named in paragraph 3 above, which amount. <br /> may be reduced pursuant to paragraph 4 above, and that the <br /> <br />-4- <br /> <br /> <br />