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<br />,,\. <br /> <br />~ <br /> <br />mains, wells, property line curbs, buffer areas and other items <br />of a similar nature incluidng streets, alleys, and utility and <br />drainage easements. 'Jhe Ci ty Engineer shall report his findings <br />to the planning staff prior to the Planning Commission's review <br />of the application. <br /> <br />Based on the City Engineer's findings, the City's planning 8taff <br />shall prepare a proposed Developnent Agreement in accord with <br />Section of this chapter. The proposed development <br />agreement along with the applicant's site plan/building design <br />plan and Engineer's review shall be forwarded to the Planning <br />Cl:lIlInission. <br /> <br />ihe Planning Commission shall review the site plan/building <br />design plan application. After said review, the Planning <br />Commission shall adopt findings of fact and shall make a <br />recxmnendation for aRlIoval or denial to the City Council. <br /> <br />'Jhe City Council shall review the application, adopt findings of <br />fact related to it and either approve or deny the application. <br />The Council may, as a condition of approval, require certain <br />additional conditions in either the proposed development <br />agreement or the site/building deSign plan. The City Council's <br />final action on the aWlication shall be the City's final action <br />on the application. <br /> <br />Developnent Contract <br /> <br />Prior to approval of the site/building deSign plan application <br />and prior to construction of any requi red si te improvements, the <br />applicant shall enter into a contract with the City. This <br />contract shall require the applicant to construct all <br />improvements on the site at the applicant's sole expense and in <br />accordance with City plans and specifications. <br /> <br />Said contract shall also provide that the Ci ty will be reimbursed <br />for all costs incurred ~ the City for engineering and legal fees <br />and other expenses in connection with the processing and <br />administration of the application. The performance of said <br />contract shall be financially secured by a cash escrow deposi t or <br />other security as hereinafter set forth. In addition, the <br />contract shall provide that the applicant agrees to permit the <br />City to enter the site and complete any City-reqUired <br />improvements which the applicant fails to complete. ihe contract <br />shall also provide that it is binding on all heirs, assigns, and <br />successors of the applicant. A copy of the contract shall be <br />kept on file as part of the permanent record of the si te and a <br />COW shall be recorded at the Anoka County Recorder's Office. <br /> <br />!b ensure that the site is developed in accord with the approved <br />plans and City specifications, the applicant shall provide a cash <br />escrow, certificate of deposit, letter of credit from an <br />acceptable financial institution or performance bond. The <br />financial security shall be in an anount which equals lSOl of the <br />Estimated construction cost of all requi red Ci ty improvements (as <br /> <br />89 <br />