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Development Agreement <br /> for <br /> Plat of Jabez Second Addition <br /> THIS AGREEMENT (the Agreement), made and entered into this 21st day of April, by and <br /> between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of <br /> Minnesota (the City),and (the Developer). <br /> WITNESSETH: <br /> WHEREAS, the Developer has made application to the City for approval of a final plat of land <br /> within the City described on Exhibit A attached hereto (the Subdivision);and <br /> WHEREAS, the City Council adopted Resolution No. 14-06 on January 21, 2014, (attached as <br /> Exhibit A hereto) granting final plat approval to the Subdivision, subject to several conditions, including a <br /> condition that Developer enter into an agreement with the City governing the provision of certain utilities, <br /> services and facilities to the Subdivision and the transfer of certain land interests and payments to the City, so <br /> as to fully comply with the Subdivision Ordinance; <br /> NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions <br /> hereinafter contained,it is hereby agreed as follows: <br /> 1. Warranty of Developer. Developer hereby warrants and represents to the City, as inducement to <br /> the City's entering into this Agreement, that Developer is owner of certain real property legally described in <br /> EXHIBIT B attached hereto consisting of 7.18 acres of unimproved land located in the City of Elk River, <br /> Sherburne County, Minnesota. The Developer intends to improve and develop such property for two lots <br /> and a public street to be known as Jabez Second Addition (the Development). The Development is <br /> sometimes hereinafter referred to as the "Property," "Project," or "Subdivision." A copy of the final plat is <br /> attached as EXHIBIT C. <br /> 2. Phased Development. <br /> PURPOSELY LEFT BLANK <br /> 3. Right to Proceed. Within the Subdivision, the Developer may not grade or otherwise disturb the <br /> earth,remove trees,construct sewer lines,water lines, streets,utilities,public or private improvements, or any <br /> buildings until all the following conditions have been satisfied: (1) this Agreement has been fully executed by <br /> 1 <br />