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a2n� n <br />DEVELOPER AGREEMENT <br />HILLSIDE, CROSSING SOUTH <br />THIS AGREEMENT, made and entered into this _Z,�!: 7W day of <br />197 1995, by and between the CITY OF ELK RIVER, a <br />municipal corporation organized under the laws of the State of <br />Minnesota (the City), and PHOENIX ENTERPRISES, LLC, a Minnesota <br />Limited Liability Company (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 final plat of land within the City described on <br />Exhibit A attached hereto (the Subdivision); and <br />WHEREAS, the City Council by Resolution No. 95-10 adopted on <br />February 27, 1995, (attached as Exhibit B to this Agreement) has <br />granted final plat approval to the Subdivision, on the condition <br />that 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 prenises and the <br />mutual promises and conditions hereinafter contained, it is hereby <br />agreed as follows: <br />1.) Warranty Qf D v r - 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.) mo ovemt n - No additional streets, sewer or water <br />lines will be required to serve the Subdivision. However, a <br />portion of 193rd Avenue has been reconstructed following the <br />installation of sewer and water lines past the Subdivision. <br />Developer has agreed that the Subdivision will bear its fair share <br />of the cost of this reconstruction, to be assessed in an amount <br />not to exceed $23,650.00. Developer has also agreed to pay <br />