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<br />5.11 ~Onsite Improvements. The Development Agreement will obligate <br />Muir to dedicate to the City, at no cost to the City, all public rights of way <br />and easements and, subject to the provisions of this Section ~5.9. to <br />construct, at Muir's sole cost and expense, all public improvements within <br />the Development Property that are necessary for the development and use <br />of the Development Property pursuant to the Development Agreement and <br />the zoning and subdivision approvals granted in connection therewith; <br />provided, however, that the City and Muir may, in the Development <br />Agreement, agree that the Citv will construct certain onsite, public <br />improvements ',vill be constructed by tho City and financed through <br />special assessments all pursuant to Minnesota Statutes, Chapter 1129.~ <br />[Discussl The Development Agreement will obligate the City to apply to <br />the Minnesota Department of Transportation for a loan against future state <br />aid grants to finance, in part, the construction of a publicly dedicated <br />internal access road. If the City is successful in obtaining the loan and <br />Muir elects to have the City construct the internal access road and <br />specially assess the Development Property for the cost of the internal <br />access road, the City will apply the loan proceeds toward the cost of <br />constructing the improvements thereby reducing the amount of the special <br />assessments levied against the Development Property for such <br />improvements. In the Development Agreement, the City will agree to <br />vacate existing public streets, alleys and other rights-of-way upon the <br />recording of the new plat of the Development Property. The Development <br />Agreement will obligate Muir to construct a publicly dedicated street <br />extending from the main access drive south of the home improvement <br />parcel to the west property line of the Development Property. The right of <br />way dedication for this street shall be 58 feet and the street itself shall be <br />38 feet wide back curb to back curb. A zero lot line set back from this <br />street shall apply along the entire length of this street. The Development <br />Agreement will obligate Muir to construct all necessary storm water <br />retention and detention ponds for handling on-site storm water and will <br />obligate the Developer to subject all or a portion of the Development <br />Property reasonably acceptable to the City to covenants and restrictions <br />for the maintenance of the storm water retention and detention facilities. <br />The Development Agreement will give the City the right to require Muir <br />to oversize storm water, sanitary sewer and water facilities (exclusive of <br />ponding facilities) if the City desires such oversizing to provide capacity <br />to serve other property; provided the Development Agreement will <br />obligate the City to reimburse Muir for any and all increased costs Muir <br />incurs as a result of such oversizing. <br /> <br />5.12 ~Reimbursement of City Expenses. The Development Agreement will <br />obligate Muir to pay to the City, contemporaneously with the earlier of <br />Muir's submission of a Dreliminarv site Dlan for review or the <br />execution of the Development Agreement, tho amount equal to the sum <br />ef$100,OOO as full comDensation for the out-of-pocket costs and <br />expenses the City has incurred and will incur in connection with the <br /> <br />1966223vRed; 1966223v1 to 1919544v4; 11/16/06 <br /> <br />7 <br />