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<br />Developer Agreement <br />Trott Brook Farms 12th <br />Page 3 <br /> <br />DEVELOPER AGREEMENT <br />FOR <br />TROIT BROOK FARMS 12TH ADDITION <br /> <br />THIS AGREEMENT, made and entered into this day of , 2006, <br />by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of <br />the State of :Minnesota (the City), and D.R HORTON, INe. - MINNESOTA, a Delaware <br />Corporation, (the Developer). <br /> <br />WITNESSETH: <br /> <br />WHEREAS, the Developer has made application to the City for approval of a final plat of <br />land within the City described on EXHIBIT A attached hereto (the Subdivision); and <br /> <br />WHEREAS, the City Council adopted Resolution No. 06 - 83 on June 19,2006, (attached as <br />EXHIBIT B hereto) granting final plat approval to the Subdivision, subject to several conditions, <br />including a condition that Developer enter into an agreement with the City governing the provision <br />of certain utilities, services and facilities to the Subdivision and the transfer of certain land interests <br />and payments to the City, so as to fully comply with the Subdivision Ordinance; <br /> <br />NOW, THEREFORE, in consideration of the premises and the mutual promises and <br />conditions hereinafter contained, it is hereby agreed as follows: <br /> <br />1.) Warranty of Developer - Developer hereby warrants and represents to the City, as inducement <br />to the City's entering into this Agreement, that Developer is the fee owner of the Subdivision. <br /> <br />2.) Improvements - In accordance with the application materials submitted by Developer, the <br />preliminary and final plats of the Subdivision, the City Council Resolution attached as EXHIBIT B <br />hereto, and the applicable standards and ordinances of the City, the following described <br />Improvements (the Improvements) shall be constructed and installed on the terms and conditions <br />hereinafter contained: <br /> <br />(01) Site grading to elevations shown in the approved grading and drainage plan and <br />construction of retaining walls (Site Grading); <br /> <br />(02) Streets, as required by the City, including grading, graveling and stabilizing, <br />constructing and sodding of berms, swales and boulevards, planting trees on boulevards, <br />permanent street surfacing with bituminous material, installing concrete curbs, gutters and <br />driveway approaches, and installing traffic control street signs as required the City Engineer <br />and installing street lights as required by the local utility (Street Improvements) ; <br /> <br />S:\PLANNING\Case Files\2006\Plaf\P 06-11 Trolt Brook Farms 12th\Trolt Brook 12 Development Agreement.DOC <br />