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the cash escrow agreement shall be automatically turned over and <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 />Statute relates to surety bonds. <br /> <br />170.0391 <br /> <br />CONSTRUCTION PLANS (ALL DEVELOPMENT AREAS) <br /> <br />Construction plans and specification for the required improvements conforming in <br />all respects with 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 <br /> <br />INSPECTION (ALL DEVELOPMENT AREAS) <br /> <br />Ail 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 have been constructed in compliance with the plans and <br />specifications. <br /> <br />170.039K PRIOR IMPROVEMENTS <br /> <br />Improvements which have been completed prior to application for final plat <br />approval or execution of the performance contract shall be accepted as <br />equivalent improvements provided the City Engineer shall certify in writing that <br />all said improvements conform to 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 />