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<br /> SE\T BY:PETERSO\ FRA~ BERG~A\ : 8- 3-94 : 8:41~~ :PETERSO\ F~t~ BERG~A- .... .; <br /> .".. .;.. <br />. DEVELOPMENT AGREEMENT <br /> MCCLUNG FOURTH ADDITION <br /> l. Parties. THIS AGREEMENT, dated the day of <br /> , 1994, is made and entered into by and between <br /> the CITY OF ARi:'-EN HILLS, Ramsey County, Minnesota, a statutory city <br /> under the laws of the State of Minnesota (hereinafter called <br /> "City" ), and John B. McCl ung and Esther M. McClung (hereinafter <br /> called "Developer"), <br /> WITNESSETH: <br /> 2. Recitals. <br /> 2.1 Developer has applied to the City for approval of the <br /> final plat of a residential subdivision on a tract of land located <br /> in the City and legally described as follows: <br /> That part of the Southeast 1/4 of the Northwest 1/4 of Section <br /> 22, Township 30, Range 23, Ramsey County, Minnesota, lying <br /> South of McClung Third Addition and lying East of McClung <br /> Second Addition according to the recorded plats thereof <br /> (herein "McClung Fourth Addition"). <br />. 2.2 Developer represents that it is the fee owner of McClung <br /> Fourth Addition. <br /> 2.3 AS a condition of approval for the final plat of McClung <br /> Fourth Addition, the City's Subdivision Regulations require the <br /> Developer to construct certain improvements. <br /> 3. Terms and Conditions. In reliance upon Developer's <br /> representations; in compliance with the City's Subdivision <br /> Regulations and the condition~ attached to the City Council's <br /> approval of McClung Fourth Addition; and in consideration of the <br /> mutual undertakings herein expressed; the Ci ty and the Developer <br /> agree as follOWS: <br /> 3.1 The provisions of Chapter 22 of Arden Hills Code, Which <br /> covers the platting and subdivision of land, and Ordinance No. 291, <br /> the Zoning Ordinance, and any amendments thereto adopted before the <br /> date of City Council approval of this Oevelopment Agreement, are <br /> incorporated herein by reference, and the Developer's violation of <br /> any of the provisions of such regulations shall be considered to be <br /> a breach of this Agreement. <br /> 3.2 The Developer horeby agrees to install, construct and <br /> complete, in accordance with the plans and specifications approved <br />. by the City Engineer ( herein "Engineer") and subject to the <br /> 1 <br />