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<br />e <br /> <br />e <br /> <br />e <br /> <br />'. <br /> <br />__ I <br />A tI-~ t ",ltVtv-t A <br /> <br />[ ",J\FT <br /> <br />DEVELOPMENT AGREEMENT <br />JOSEPHINE EAST, LLC <br /> <br />This Agreement is made and entered into to be effective the day of , <br />1999, by and between the City of Arden Hills, a municipal corporation and political <br />subdivision of the State of Minnesota (the "City"), and Josephine East, LLC, a Minnesota <br />Limited Liability Company (the "Developer"). <br /> <br />RECITALS <br /> <br />1. On May 24, 1999, the Arden Hills City Council approved Planning Case 99-03 (the <br />"Approval") relative to the platting and development of certain property located within <br />the City and described as follows (the "Property"): <br /> <br />Pa ree I 1: (a bstract property) <br /> <br />The North 80 feet of the South 237.40 feet of that part of Government <br />Lot 7, North of the South 6 acres in Section 34. Township 30, Range <br />23, Ramsey County, Minnesota. <br /> <br />Parcel 2: (torrens property - Certificate of Title No. 276605) <br /> <br />The North 80 feet of the South 157.4 feet of all that part of the South <br />Y20f Lot 7, Section 34, Township 30, Range 23 lying North of the South <br />6 acres of said Lot 7, together with and subject to a perpetual right-of- <br />way over that certain roadway running from Lexington Avenue Westerly <br />toward Lake Josephine at a point approximately 196.45 feet South of <br />the Northerly line of South 1/2 of that part of Government Lot 7 lying <br />North of South 6 acres thereof. <br /> <br />2. <br /> <br />The Approval was subject to a number of conditions and contingencies. <br /> <br />3. <br /> <br />In orderto help clarify and define the parties respective obligations with respect to the <br />development of the Property, the parties have agreed to enter into this Development <br />Agreement. <br /> <br />NOW THEREFORE, the parties hereto hereby agrees as follows: <br /> <br />1. Conditions and Qualifications Rel!:ardine: the Approval. The Approval <br />conditioned the approval of the final plat upon the conditions and qualifications set forth and <br />described below with which the Developerhereby agrees to comply: <br /> <br />A. <br /> <br />Title. The Developer shall provide to the City evidence of title to the Property <br /> <br />1 <br />