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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />DEVELOPMENT AGREEMENT <br />FOR <br />Miske Meadows Seventh Addition <br />THIS AGREEMENT (the Agreement), made and entered into this 1st day of March 2021, 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 within <br />the City described on Exhibit A attached hereto (the Subdivision); and <br />WHEREAS, the City Council adopted Resolution No. 20-86 on November 16, 2020, (attached as <br />Exhibit A hereto) granting final plat approval to the Subdivisions, 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 /> <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 <br />legally described in EXHIBIT B attached hereto consisting of 24.29 acres of unimproved land located <br />in the City of Elk River, Sherburne County, Minnesota. The Developer intends to improve and develop <br />such property for single family residential uses, to be known as Miske Meadows Seventh Addition (the <br />Development). The final plat is attached as EXHIBIT C. <br />2.Right to Proceed. Within the Subdivision, the Developer may not grade or otherwise disturb <br />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 <br />the following conditions have been satisfied: (1) this Agreement has been fully executed by both parties <br />and filed with the City Clerk; (2) the necessary security has been received by the City; (3) the necessary <br />insurance for the Developer and its construction contractors has been received by the City; (4) the final <br />plats for the Subdivision have been filed with the office of the Sherburne County Recorder or Registrar <br />of Titles, and (5) all required permits are secured and a copy filed with the City Engineer. <br />1 <br />