4.5 SR 04-03-2023 - Laserfiche WebLink

Home Browse Search

DEVELOPMENT AGREEMENT FOR The Villas at Fillmore THIS AGREEMENT (the Agreement), made and entered into this 3rd day of April 2023, by and between the CITY OF ELIs RIVER, a municipal corporation organized under the laws of the State of Minnesota (the City), and Riverside Development Company of Princeton (the Developer). WITNESSETH: ��1HEREAS, the Developer has made application to the City for approval of a final plat of land within the City described on Exhibit A attached hereto (the Subdivision); and WHEREAS, the Cit�r Council adopted Resolution No. 22-43 on July 18, 2022, (attached as Exhibit A hereto) granting final plat approval to the Subdivisions, subject to several conditions, including a condition that Developer enter into an agreement with the City governing the provision of certain utilities, services and facilities to the Subdivision and the transfer of certain land interests and payments to the City, so as to fully comply with the Subdivision Ordinance; NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. Warrantv of Developer. Developer hereby warrants and represents to the City, as inducement to the Cit�r's entering into this Agreement, that Developer is owner of certain real property legally described in EXHIBIT B attached hereto consisting of 17.56 acres of unimproved land located in the City of E1k River, Sherburne County, Minnesota. The De�reloper intends to improve and de�=elop such propert�- for single family residential uses, to be known as The Villas at Fillmore (the Development). The final plat is attached as EXHIBIT C. 2. Right to Proceed. `�Jithin the Subdivision, the Developer may not grade or otherwise disturb the earth, remove trees, unless authorized by a separate permit or letter; work to construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings may not proceed until all the following conditions have been satisfied: (1) this AgYeement has been fully executed by both parties and filed with the City Clerk; (2) the necessary security has been received by the City; (3) the necessary insurance for the Developer and its construction contractors has been received by the City; (4) the final plats for the Subdivision have been filed with the office of the Sherburne County Recorder or Registrar of Titles, and (5) all required permits are secured and a copy filed with the City Engineer.