Common use of Public Improvements Clause in Contracts

Public Improvements. Developer shall install and pay for improvements as set forth in this paragraph which shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: trails, water hydrant systems, storm water and other public improvements referred to and identified in Final Plat and Plans. The Public Improvements shall be installed in accordance with the attached Plans; federal, state and local law; City ordinances and shall be subject to City Engineer, City Planner and City Water, Light and Power Commission approval. As a condition of the City’s acceptance of the Public Improvements, the Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of the Public Improvements and that the Public Improvements were built in accordance with this Development Agreement. b. Developer shall complete all Public Improvements and obtain the City’s written acceptance of the Public Improvements no later than November 30, 2016, with the exception of trail relocation, berm construction, and landscaping along the berm which shall be completed prior to issuance of building permits for Lots 7-21 of the Final Plat. Landscaping in the parkside area and construction of the trail segment connecting with Street J shall occur before issuance of any building permits on Lots 11-21 of the Final Plat. c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. d. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement. e. Within 30 days after the completion of the Public Improvements Developer shall supply the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. f. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting of the replacement. g. Prior to acceptance of the Public Improvements by the City, Developer shall post maintenance bonds, in a form acceptable to the City, naming the City as obligee, which secure all warranties identified in this paragraph 7. These maintenance bonds shall be in addition to, and not in lieu of, the Security required in paragraph 32 of this Development Agreement.

Public Improvements. Developer shall install and pay for improvements as set forth in this paragraph which shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: trailssanitary sewer, storm sewer, water hydrant systems, storm water water/drainage infrastructure, sidewalks, streets, trails and other public improvements referred to and identified in the Final Plat and Plans. The Public Improvements shall be installed in accordance with the attached Plans; federal, state and local law; City ordinances and shall be subject to City Engineer, City Planner and City Water, Light and Power Commission approval. As a condition of the City’s acceptance of the Public Improvements, the Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of the Public Improvements and that the Public Improvements were built in accordance with this Development Agreement. b. Developer shall complete all Public Improvements and obtain the City’s written acceptance of the Public Improvements no later than November 30August 31, 2016, with the exception of trail relocation, berm construction, and landscaping along the berm which shall be completed prior to issuance of building permits for Lots 7-21 of the Final Plat. Landscaping in the parkside area and construction of the trail segment connecting with Street J shall occur before issuance of any building permits on Lots 11-21 of the Final Plat2018. c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. d. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement. e. Within 30 days after the completion of the Public Improvements Developer shall supply the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. f. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting of the replacement. g. Prior to acceptance of the Public Improvements by the City, Developer shall post maintenance bonds, in a form acceptable to the City, naming the City as obligee, which secure all warranties identified in this paragraph 7. These maintenance bonds shall be in addition to, and not in lieu of, the Security required in paragraph 32 29 of this Development Agreement. h. Notwithstanding anything in this section 7 to the contrary, the construction of and payment for the Public Improvements shall be accomplished as follows: i. Developer shall construct and pay for all portions of the Public Improvements included within the nine lot cul-de-sac, including all roadway work and resurfacing, trails, storm and sanitary sewer, and water construction, and shall pay for all such portions of the Public Improvements. ii. Assuming Developer is then in compliance with all terms and conditions of this Development Agreement, City shall construct, all portions of the Public Improvements within XxXxxxxx Parkway right-of-way, including road improvements, trails, storm sewer, water, and sanitary trunk line extension. The cost of this portion of the Public Improvements shall be paid for as follows: A. Developer shall pay, in cash, reimbursement to City for 51.7% of the costs of the XxXxxxxx Parkway road improvements, trail, and storm sewer work. B. The cost of the water and sanitary sewer trunkline extension (minus the $125,000 city-portion of the cost of this work) plus the remaining 48.3% of the cost of the XxXxxxxx Parkway road improvements, trail, and storm sewer work shall be specially assessed against Lot 4 of the Property. iii. Assuming Developer is then in compliance with all terms and conditions of this Development Agreement, City shall construct the County Road 30 right-of-way and turn lane improvements. $15,000.00 of all costs of such work shall be paid by Developer in cash prior to release by City of the final plat, and an additional $15,000.00 of such costs shall be paid for through special assessments on Lot 4 of the Property. With respect to those portions of the Public Improvements and County Road 30 improvements to be constructed by City pursuant to (ii) and (iii) herein (“City Improvements”), the costs to be paid by Developer in cash and through special assessments shall include all costs the City has incurred or anticipates incurring related the City Improvements, including but not limited to planning, engineering, legal, bidding, bonding, property acquisition, and construction. The means, methods, planning, property acquisition, costs, construction, and construction schedule of the City Improvements shall all be in the City’s sole discretion. Developer agrees to fully release the City, and hold the City harmless from all claims, demands, and costs relating to City Improvements. The cost of the City Improvements to be paid in cash by Developer to City shall be due and owing to City within thirty (30) days of receipt by Developer of the City’s invoice. The cost of the City Improvements to be specially assessed shall be included in a fully executed Agreement Regarding Special Assessments, in the form attached as Exhibit M, according to such additional terms and such amounts as the City deems acceptable, in its sole discretion. As a condition precedent to the City commencing, planning and constructing the City Improvements, Developer shall have executed and delivered to City the acceptable Agreement Regarding Special Assessments. Developer shall provide all access to the Property necessary for City to undertake and complete the City Improvements.

Public Improvements. Developer shall install and pay for improvements as set forth in this paragraph which shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: trailssanitary sewer, storm sewer, water hydrant systems, storm water water/drainage infrastructure, sidewalks, streets, trails and other public improvements referred to and identified in the Final Plat and Plans. The Public Improvements shall be installed in accordance with the attached Plans; federal, state and local law; City ordinances and shall be subject to City Engineer, City Planner and City Water, Light and Power Commission approval. As a condition of the City’s acceptance of the Public Improvements, the Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of the Public Improvements and that the Public Improvements were built in accordance with this Development Agreement. b. Developer shall complete all Public Improvements and obtain the City’s written acceptance of the Public Improvements no later than November 30August 31, 2016, with the exception of trail relocation, berm construction, and landscaping along the berm which shall be completed prior to issuance of building permits for Lots 7-21 of the Final Plat. Landscaping in the parkside area and construction of the trail segment connecting with Street J shall occur before issuance of any building permits on Lots 11-21 of the Final Plat2018. c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. d. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement, unless it is a fee, charge, assessment, or consideration first paid by the Developer. e. Within 30 days after the completion of the Public Improvements Developer shall supply the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. f. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting of the replacement. g. Prior to acceptance of the Public Improvements by the City, Developer shall post maintenance bonds, in a form acceptable to the City, naming the City as obligee, which secure all warranties identified in this paragraph 7. These maintenance bonds shall be in addition to, and not in lieu of, the Security required in paragraph 32 29 of this Development Agreement.

Public Improvements. Developer shall install and pay for improvements as set forth in this paragraph which shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: trailsstorm sewer, water hydrant systems, storm water water/drainage infrastructure, , streets, trails and other public improvements referred to and identified in Final Plat and Plans. The Developer has agreed to purchase public lighting fixtures to be installed and maintained by the Delano Municipal Utilities. The Public Improvements shall be installed in accordance with the attached Plans; federal, state and local law; City ordinances and shall be subject to City Engineer, City Planner and City Water, Light and Power Commission approval. As a condition of the City’s acceptance of the Public Improvements, the Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of the Public Improvements and that the Public Improvements were built in accordance with this Development Agreement. b. Developer shall complete all Public Improvements and obtain the City’s written acceptance of the Public Improvements no later than November 301, 20162017, with the exception of trail relocationthe mill and overlay work and the final wear course of bituminous on Willowbrook Circle, berm construction, and landscaping along the berm which shall be completed prior to issuance of building permits for Lots 7-21 of the Final Plat. Landscaping in the parkside area and construction of the trail segment connecting with Street J shall occur before issuance of any building permits on Lots 11-21 of the Final Platby June 30, 2019. c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. d. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement. e. Within 30 45 days after the completion of all the Public Improvements Developer shall supply the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. f. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting of the replacement. g. Prior to acceptance of the Public Improvements by the City, Developer shall post maintenance bonds, in a form acceptable to the City, naming the City as obligee, which secure all warranties identified in this paragraph 7. These maintenance bonds shall be in addition to, and not in lieu of, the Security required in paragraph 32 33 of this Development Agreement.

Public Improvements. Developer shall install and pay for improvements as set forth in this paragraph which shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: trailssanitary sewer, storm sewer, water hydrant systems, storm water water/drainage infrastructure, sidewalks, streets, trails and other public improvements referred to and identified in the Final Plat and Plans. The Public Improvements shall be installed in accordance with the attached Plans; federal, state and local law; City ordinances and shall be subject to City Engineer, City Planner and City Water, Light and Power Commission approval. As a condition of the City’s acceptance of the Public Improvements, the Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of the Public Improvements and that the Public Improvements were built in accordance with this Development Agreement. b. Developer shall complete all Public Improvements and obtain the City’s written acceptance of the Public Improvements no later than November 301, 2016, with the exception of trail relocation, berm construction, and landscaping along the berm which shall be completed prior to issuance of building permits for Lots 7-21 of the Final Plat. Landscaping in the parkside area and construction of the trail segment connecting with Street J shall occur before issuance of any building permits on Lots 11-21 of the Final Plat2017. c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. d. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement. e. Within 30 days after the completion of the Public Improvements Developer shall supply the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. f. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting of the replacement. g. Prior to acceptance of the Public Improvements by the City, Developer shall post maintenance bonds, in a form acceptable to the City, naming the City as obligee, which secure all warranties identified in this paragraph 7. These maintenance bonds shall be in addition to, and not in lieu of, the Security required in paragraph 32 29 of this Development Agreement.

Public Improvements. Developer shall install and pay for improvements as set forth in this paragraph which shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: trails, water hydrant systems, storm water and other The public improvements referred to and identified in Final Plat and Plans. The Public Improvements shall be installed in accordance with the attached Plans; federal, state City Standard Specifications and local law; City ordinances and shall be subject to City Engineer, City Planner Detail Plates and City Water, Light Ordinance. The Developer shall submit plans and Power Commission approval. As specifications which have been prepared by a condition of the City’s acceptance of the Public Improvements, the Developer’s competent registered professional engineer shall certify to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer made reasonable inspections of the Public Improvements and will be able to certify that the Public Improvements were built in accordance with this Development Agreement. b. construction work meets the approved City standards as a condition of City acceptance. The Developer shall complete obtain all Public Improvements necessary permits from the Metropolitan Council Environmental Services and obtain other pertinent agencies before proceeding with construction. In addition, the City may, at the City’s written acceptance of discretion and at the Public Improvements no later than November 30Developer’s expense, 2016, with have one or more City inspectors and a soil engineer inspect the exception of trail relocation, berm construction, work on a full or part-time basis. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and landscaping along contract administration between the berm which Developer and the Developer’s contractor. The Developer or its engineer shall be completed prior to issuance of building permits for Lots 7schedule a pre-21 of the Final Plat. Landscaping in the parkside area and construction of the trail segment connecting with Street J shall occur before issuance of any building permits on Lots 11-21 of the Final Plat. c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of meeting at a mutually agreeable time at the City without further notice or action. d. Under no circumstances shall Developer charge or assesswith all parties concerned, directly or indirectly, any fee, charge, assessment or considerationincluding the City staff, to any party, review the program for connection or access to, or service by, any Public Improvement. e. the construction work. Within 30 thirty (30) days after the completion of the Public Improvements improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible “as constructed” plans, plans and four complete sets an electronic file of blue line the “as constructed” plans, all plans prepared in accordance with City standards. f. Developer warrants . After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all Public Improvements against any defects, poor material work is satisfactorily completed in accordance with the approved plans and faulty workmanship for a period of two years after its completion by specifications and the Developer and acceptance by his engineer shall submit a written statement to the CityCity Engineer certifying that the project has been completed in accordance with the approved plans and specifications. Any replacement work The appropriate contractor waivers shall also be so warranted for two years after its completion by Developer and acceptance by the Cityprovided. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting of the replacement. g. Prior to Final acceptance of the Public Improvements by the City, Developer shall post maintenance bonds, in a form acceptable to the City, naming the City as obligee, which secure all warranties identified in this paragraph 7. These maintenance bonds public improvements shall be in addition to, and not in lieu of, the Security required in paragraph 32 of this Development Agreementby City Council resolution.

Public Improvements. Developer shall install and pay for improvements as set forth in this paragraph which shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: trailssanitary sewer, storm sewer, water hydrant systems, storm water water/drainage infrastructure, sidewalks, streets, trails and other public improvements referred to and identified in the Final Plat and Plans. The Public Improvements shall be installed in accordance with the attached Plans; federal, state and local law; City ordinances and shall be subject to City Engineer, City Planner and City Water, Light and Power Commission approval. As a condition of the City’s acceptance of the Public Improvements, the Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of the Public Improvements and that the Public Improvements were built in accordance with this Development Agreement. b. Developer shall complete all Public Improvements and obtain the City’s written acceptance of the Public Improvements no later than November 30, 2016, with the exception of trail relocation, berm construction, and landscaping along the berm which shall be completed prior to issuance of building permits for Lots 7-21 of the Final Plat. Landscaping in the parkside area and construction of the trail segment connecting with Street J shall occur before issuance of any building permits on Lots 11-21 of the Final Plat20 . c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. d. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement, unless it is a fee, charge, assessment, or consideration first paid by the Developer. e. Within 30 days after the completion of the Public Improvements Developer shall supply the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. f. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting of the replacement. g. Prior to acceptance of the Public Improvements by the City, Developer shall post maintenance bonds, in a form acceptable to the City, naming the City as obligee, which secure all warranties identified in this paragraph 76. These maintenance bonds shall be in addition to, and not in lieu of, the Security required in paragraph 32 28 of this Development Agreement.