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Office of the County Recorder <br />Sherburne County, MN <br />Doc. No, 600877 <br />Certified filed andlor recorded on <br />09-29-2005 at 09:30 <br />ichelle Ashe, County Recorder <br />g~eputy Fee: ~ 46.00 <br /> <br />DEVELOPER AGREEMENT <br />TWIN LADS ESTATES 2ND ADDITION <br />THIS AGREEMENT, made and entered into this '~'~day ~j~~-s 2005, by and between the <br />CITY OF ELI RIVER, a municipal corporation organized under the laws of the State of Minnesota (the <br />City), and Ryan Development, Inc., (the Developer). <br />WITNESSETH: <br />WHEREAS, the Developer has made application to the City for approval of a final plat of land <br />within the City described on Exhibit A attached hereto (the Subdivision); and <br />WHEREAS, the City Council adopted Resolution No. OS-69 on June 20, 2005, (attached as Exhibit <br />B hereto) granting final plat approval to the Subdivision, on the condition that Developer enter-into an <br />agreement with the City governing the provision of certain utilities, services and facilities to the Subdivision <br />and the transfer of certain land interests and payments to the City, so as to fully comply with the Subdivision <br />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 />1.) Warrant~of Developer -Developer hereby warrants and represents to the Citp, as <br />inducement to the City's entering into this Agreement, that Developer is the fee owner of the Subdivision. <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 hereto, and <br />the applicable standards and ordinances of the City, the following described improvements (the <br />Improvements) shall be constructed and installed on the terms and conditions hereinafter contained: <br />(01) _ Site grading to elevations shown in the approved grading and drainage plan and construction <br />of retaining walls (Site Grading); <br />(02) Streets, as required by the City, including grading, graveling and stabilizing, constructing and <br />sodding of berms, swales and boulevards, planting trees on boulevards, permanent street surfacing <br />with bituminous material, installing concrete curbs, gutters and driveway approaches, and installing <br />