4.6 SR 08-21-2023 - Laserfiche WebLink

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DEVELOPMENT AGREEMENT FOR The Cove THIS AGREEMENT (the Agreement), made and entered into this 21 st day of August 2023, by and between the CITY OF ELIs RIVER, a municipal corporation organized under the laws of the State of Minnesota (the City), and BK Land Development (the Developer). WITNESSETH: ��1HEREAS, the Developer has made application to the City for approval of a final plat of land witl�in the City described on Exhibit A attached hereto (the Subdivision); and WHEREAS, the Cit�- Council adopted Resolution No. 23-28 on August 7, 2023, (attached as Exhibit A hereto) granting final plat approval to the Subdivisions, subject to several conditions, including a condition that De�=eloper 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. Warrant� of Develo�er. Developer hereby warrants and represents to the City, as inducement to the Cin�'s entering into this Agreement, that Developer is owner of certain real property legally described in EXHIBIT B attached hereto consisting of 3.08 acres of unimproved land located in the Cit�- of Elk Ri�rer, Sherburne County, Minnesota. The Developer intends to impro�=e and develop such property for single family residential uses, to be l�nown as The Cove (the Development). The final plat is attached as EXHIBIT C. 2. Right to Proceed. Within 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 Agreement 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.