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Office of the County Recorder <br />Sherburne County, MN <br />Doc. No. 904036 <br />Certified, filed, and or recorded on <br />October 29, 2020 12:50 PM <br />Michelle Ashe, County Recorder <br />By SD Deputy <br />Fees: $46.00 <br />1111111111111111111111111111 <br />904036 <br />DECLARATION OF RESTRICTIVE COVENANTS <br />THIS DECLARATION OF RESTRICTIVE COVENANTS, dated June 4, 2018 (the <br />"Declaration"), by JACKSON HILLS RESIDENTIAL SUITES, LLC, a Minnesota limited liability <br />company (the "Developer"), is given for the benefit of the CITY OF ELK RIVER, MINNESOTA, a <br />municipal corporation and political subdivision organized and existing under the Constitution <br />and laws of the State of Minnesota (the "City"). <br />RECITALS <br />WHEREAS, the City and the Developer entered into that certain TIF Development <br />Assistance Agreement, dated June 4, 2018, (the "Contract"); and <br />WHEREAS, pursuant to the Contract, the Developer is obligated to cause construction of 40 <br />housing units of multifamily rental housing (the "Project") on the property described in EXHIBIT A <br />hereto (the "Property"), and to cause compliance with certain affordability covenants described in <br />Section 3.3 of the Contract; and <br />WHEREAS, Section 3.3 of the Contract requires that the Developer cause to be executed an <br />instrument in recordable form substantially reflecting the covenants set forth in Section 3.3 of the <br />Contract; and <br />WHEREAS, the Developer intends, declares, and covenants that the restrictive covenants <br />set forth herein will be and are covenants running with the Property for the term described herein <br />and binding upon all subsequent owners of the Property for the term described herein, and are not <br />merely personal covenants of the Developer; and <br />WHEREAS, capitalized terms in this Declaration have the meaning provided in the Contract <br />unless otherwise defined herein. <br />NOW, THEREFORE, in consideration of the promises and covenants hereinafter set forth, <br />and of other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, <br />the Developer agrees as follows: <br />