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§ 153.37 FINANCIAL SECURITY. <br />The developer's agreement shall require the subdivider to make a cash escrow deposit or in lieu thereof <br />to furnish a letter of credit in the following amounts and upon the following conditions: <br />(A)Escrow deposit. The subdivider shall deposit with the Administrator a cash amount equal to 150 percent <br />of the total cost of the improvements as estimated by the City Engineer, including the estimated expense <br />of the city for engineering and legal fees and other expenses incurred by the city in connection with the <br />making of the improvement. <br />(B) Letter of credit. In lieu of a cash deposit, the subdivider may furnish a letter of credit satisfactory to the <br />city, in a sum equal to 150 percent of the total cost of the improvements as estimated by the City <br />Engineer, including the estimated expense of the city for the engineering and legal fees and other <br />expenses incurred by the city in connection with the making of the improvements. Release of the letter <br />of credit will be determined by Council resolution. <br />(C) Conditions. The developer's agreement shall provide for a completion date on which all of the required <br />improvements shall be fully installed, completed and accepted by the city. The completion date shall be <br />determined by the Council after consultation with the City Engineer and the subdivider, and shall be <br />reasonable in relation to the construction to be performed, the season of the year and proper correlation <br />with construction activities in the subdivision. The developer's agreement shall provide that, in the <br />event the required improvements are not completed within the time allotted, the city shall be allowed to <br />exercise its power to recover on the letter of credit or utilize the escrow deposit to complete the <br />remaining construction to city standards and specifications. In the event the amount of funds recovered <br />is insufficient to cover the cost of construction, the Council may assess the remaining cost to the lands <br />within the subdivision. <br />§ 153.38 CONSTRUCTION PLANS. <br />Construction plans and specifications for the required improvements conforming in all respects with the <br />standards and ordinances of the city shall be prepared at the expense of the subdivider by a professional <br />engineer registered by the State of Minnesota. The plans and specifications shall be approved by the City <br />Engineer and shall become a part of the developer's agreement. Two prints of the plans and specifications shall <br />be filed with the Administrator. <br />§ 153.39 INSPECTION. <br />All required improvements shall be inspected during the course of construction by the City Engineer and <br />acceptance of the improvements by the city shall require prior written certification by the subdivider's engineer <br />and acknowledged by the City Engineer that the improvements have been constructed in compliance with the <br />plans and specifications. <br />2771 Page <br />