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<br />DEVELOPMENT AGREEMENT <br />CITY OF ARDEN HILLS <br />TIMOTHEY L. HORITA AND <br />AMY SMITH HORITA <br />PC NO. 06-038 <br /> <br />1.0 Parties. This Agreement is dated the 12th day of March, 2007, and is entered <br />into by and between City of Arden Hills, a Minnesota statutory city, (herein <br />"City"); and Timothy L. Horita and Amy Smith Horita, husband and wife, their <br />successors and assigns (herein collectively "Developer"). <br /> <br />2.0 Recitals. <br /> <br />A. Developer is the record fee owner of the following described property <br />which will be platted as "Burroughs Lane": <br /> <br />Lots 17 and 18, Rohleder's Home and Garden Acres according to <br />the recorded plat thereof, Ramsey County, Minnesota. <br /> <br />B. On the 12th day of March, 2007, the Arden Hills City Council reviewed the <br />Development Application for the Final Plat of Burroughs Lane; the Arden <br />Hills Staff and Consulting Reports; and approved the Final Plat of <br />Burroughs Lane subject to the terms and conditions contained herein. <br /> <br />3.0 Terms and Conditions. In consideration of the City's approval of the Final Plat <br />of Burroughs Lane and the obligations expressed herein, the parties agree as <br />follows: <br /> <br />A. Compliance with Plans. Developer shall subdivide and configure the <br />property pursuant to the Plan prepared by Pioneer Engineering dated the <br />12tn day of March, 2007, and attached hereto as Exhibit A. <br /> <br />B. Utilities. Utilities shall be installed pursuant to the Utility Plan prepared <br />by Pioneer Engineering dated the 10th day of December, 2006 and <br />attached hereto as Exhibit B. <br /> <br />1. The Developer shall provide an As-Built Survey upon completion of <br />the utilities. <br /> <br />2. The Developer shall not restrict the City's access to drainage and <br />utility easement areas. The City shall not be responsible for the <br />costs of replacing, removing or repairing any damage to any <br />fences or structures in the drainage and utility easement area. <br />