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<br />1 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />DEVELOPMENT AGREEMENT <br />FOR <br />Miske Meadows First and Second Additions <br />THIS AGREEMENT (the Agreement), made and entered into this 6th day of February, 2017, 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 RP3, LLC (the Developer). <br />W I T N E S S E T H: <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 Nos. 16-65 and 17-08 on October 17, 2016, and <br />January 17, 2017, (attached as Exhibit A hereto) granting final plat approval to the Subdivisions, subject to <br />several conditions, including a condition that Developer enter into an agreement with the City governing the <br />provision of certain utilities, services and facilities to the Subdivision and the transfer of certain land interests <br />and payments to the City, so 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 /> <br />1. Warranty of Developer. Developer hereby warrants and represents to the City, as <br />inducement to the City’s entering into this Agreement, that Developer is owner of certain real property legally <br />described in EXHIBIT B attached hereto consisting of 23.805 acres of unimproved land located in the City <br />of Elk River, Sherburne County, Minnesota. The Developer intends to improve and develop such property <br />for single family residential uses, to be known as Miske Meadows and Miske Meadows Second Addition (the <br />Development). Copies of the final plats are attached as EXHIBIT C. <br />2. Right to Proceed. Within the Subdivision, the Developer may not grade or otherwise <br />disturb the earth, remove trees, unless authorized by a separate permit or letter; work to construct sewer lines, <br />water lines, streets, utilities, public or private improvements, or any buildings may not proceed until all the <br />following conditions have been satisfied: (1) this Agreement has been fully executed by both parties and filed <br />with the City Clerk; (2) the necessary security has been received by the City; (3) the necessary insurance for <br />the Developer and its construction contractors has been received by the City; (4) the final plats for the <br />Subdivision have been filed with the office of the Sherburne County Recorder or Registrar of Titles, and (5) <br />all required permits are secured and a copy filed with the City Engineer.