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284571 <br />DEVELOPER AGREEMENT <br />HILLTOP WOODS ESTATES, PHASE I <br />THIS AGREEMENT, made and entered into this 13 TW A day of July, <br />1993, by and between the CITY OF ELK RIVER, a municipal <br />corporation organized under the laws of the State of Minnesota <br />(the City), and DAVID AND KATHY GOW, (the Developer); <br />W I T N E S S E T H: <br />WHEREAS, the Developer has made application to the City for <br />approval of a plat of land within the City described on Exhibit A <br />attached hereto (the Subdivision); and <br />WHEREAS, the City Council by resolution adopted May 17, 1993, <br />has granted final approval to the Subdivision, on condition that <br />Developer enter into an agreement with the City governing the <br />provision of certain utilities, services and facilities to the <br />Subdivision and the transfer of certain land interests and <br />payments to the City, so as to fully comply with the Subdivision <br />Ordinance; <br />NOW, THEREFORE, in consideration of the premises and the <br />mutual promises and conditions hereinafter contained, it is hereby <br />agreed as follows: <br />1.) Warranty of Developer - Developer hereby warrants and <br />represents to the City, as inducement to the City's entering into <br />this Agreement, that Developer is the fee owner of the <br />Subdivision. <br />2.) Imorovements - In accordance with the preliminary and <br />final plats of the Subdivision, the City's approval thereof, and <br />applicable standards and ordinances of the City, the following <br />described improvements (the Improvements) shall be constructed and <br />installed on the terms and conditions hereinafter contained: <br />(01) Street grading, graveling and stabilizing, including <br />constructing and sodding of berms, swales, and boulevards and <br />planting trees on boulevards (Street Improvements); <br />