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RES 2003-69 - 00002404RESOLUTION NO. 69 - 2003 RESOLUTION ACCEPTING THE PRELIMINARY REPORT, WAIVING PUBLIC HEARING, AND ORDERING FINAL PLANS AND SPECIFICATIONS: WOODSIDE COURT STREET IMPROVEMENT PROJECT NO. ST. 2004 - 2 WHEREAS, Resolution No. 68 - 2003 ordered the preparation of preliminary plans and report on the proposed improvement, and WHEREAS, the City Council of the City of Fridley approved on October 27, 2003 a Developers Agreement between the City of Fridley and Theodore Theilman, property owner of record, and Jeffrey Cruz, developer (hereinafter collectively called the "Developer ") in which the Developer waives any and all procedural and substantive objections to the installation of the public improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the property, and WHEREAS, the City Council has reviewed the preliminary report and declares the improvement feasible. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: 1. That the preliminary report submitted by Jon H. Haukaas, Director of Public Works, is hereby received and accepted. 2. That the following improvements proposed by Council Resolution _ - 2003 are hereby ordered to be effected and completed as soon as reasonably possible, to -wit: Street improvements including grading, stabilized base, hot -mix bituminous mat, concrete curb and gutter, sanitary sewer mainline extension, sanitary sewer services, watermain and services, storm sewer, landscaping and other facilities. 3. That the Developer shall be required to submit a surety for the contract administration and a cash escrow in the amount of 105% of the estimated construction costs prior to approval of the final plans as required by the Developer's Agreement. 4. That the work be incorporated in the 2004 street improvement project as ST 2004 — 2. 5. That the work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 6. That the Director of Public Works, Jon H. Haukaas, is hereby designated as the engineer for this improvement. He shall have plans prepared by the Developer's Engineer as approved in the Development Agreement to the satisfaction of the City for the purpose of making such improvements. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF DECEMBER 2003. Zd SCO J. D, C4AYOR ATTEST: "aA DEBRA A. SKOGEN - C Y CLERK