(A) The required improvements as listed in this chapter are to be furnished and installed at the sole expense of the subdivider. However, if the cost of an improvement would by general policy be assessed only in part to the improved property and the remaining cost paid out of general tax levy, provision may be made for the payment of a portion of the cost of the city. Further, if any improvement installed within the subdivision will be of substantial benefit to lands beyond the boundaries of the subdivision, provision may be made for causing a portion of the cost of the improvements, representing the benefit to such lands, to be assessed against that property. In this situation, the subdivider will be required only to pay for such portion of the whole cost of such improvement as will represent the benefit to the property within that subdivision.
(B) (1) Prior to the installation of any required improvements and prior to approval of the final plat, the subdivider shall enter into a contract in writing with the city requiring the subdivider to furnish and construct said improvements and pay costs for which he or she is found to be responsible in accordance with plans and specifications and usual contact conditions. This shall include provision for supervision of details of construction by the Engineer and shall grant to the Engineer authority to correlate the work to be done under said contract by any subcontractor authorized to proceed thereunder an with any other work being done or contracted by the community in the vicinity.
(2) No subdivider shall be permitted to start work on any other subdivision without special approval of the City Council if he or she has previously defaulted on a city contract entered into in accordance with this section.
(C) The contract may require, in the city’s sole discretion, that the subdivider make an escrow deposit or, in lieu thereof furnish a bank letter of credit or performance bond is required, the city shall be entitled to reimburse itself for any damages, costs and expenses including reasonable attorney’s fees incurred by the city resulting from the subdivider breaching the terms and conditions of the contract. If the subdivider defaults on the terms and conditions of the contract with the city, the city may also complete the project referred to in the contract and assess all costs incurred by the city, which shall include, but not be limited to, all costs incurred by the city as a result of the subdivider’s breach of the contract, against the real property being subdivided as a special assessment and collect it in the same manner as a special assessment levied by the city against real property is accordance with M.S. Ch. 429, as it may be amended from time to time.
(D) (1) Construction plans and specifications for the required improvements conforming in all respects with the standards and ordinances of the city shall be prepared at the subdivider’s expense by a professional engineer who is registered in the state, and said plans and specifications shall contain his certificate. Such plans and specifications, together with the quantities of construction items shall be submitted to the City Engineer for his or her approval and for his or her estimate of the total costs of the required improvement. Upon approval, such plans and specifications shall become a part of the required contract. The tracings of the plans approved by the City Engineer, plus three prints shall be furnished to the city and be filed as a public record.
(2) All required improvements on the site that are to be installed under the provision of this chapter shall be inspected during the course of construction by the City Engineer at the subdivider’s expense, and acceptance by the city shall be subject to the City Engineer’s certificate of compliance with the contract.
(E) Improvements within a subdivision which have been completed prior to application for preliminary of final approval of the plat, or the execution of the contract for installation of the required improvements, shall only be accepted as equivalent improvements if they are in compliance with and conform to applicable city standards, and only if the City Engineer shall certify that he or she is satisfied that the existing improvements conform to those applicable city standards.