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<br />DEVELOPMENT AGREEMENT <br />CITY OF ARDEN HILLS <br />HAZLENUT PARK3RD ADDITION <br /> <br />1.0 Parties. This Agreement is dated the _ day of ,2007, and is entered into <br />by and between City of Arden Hills, a Minnesota municipal corporation (herein "City"); <br />and B. O'Meara Construction, Inc. a Minnesota corporation (herein "Developer"). <br /> <br />2.0 Property Description. The Developer represents that it is the record fee owner of <br />property described on Exhibit A, attached and incorporated herein, which will be platted <br />as Hazelnut Park 3rd Addition. <br /> <br />3.0 Final Plat Approval. On the 25th day of June, 2007, the City Council approved the final <br />plat of Hazelnut Park 3rd Addition, which is attached and incorporated as Exhibit B. The <br />City's approval was conditioned upon the Developer entering into this Development <br />Agreement. <br /> <br />4.0 Terms and Conditions. NOW, THEREFORE, in reliance upon the representations <br />contained herein; in compliance with the City's Zoning and Subdivision Regulations; and <br />in consideration of the mutual undertakings herein expressed, the parties agree as <br />follows: <br /> <br />Subd. 1. <br /> <br />Developer Improvements. The Developer shall construct the following <br />improvements in compliance with approved plans and specifications, <br />attached and incorporated herein as Exhibit C. The new improvements <br />shall be completed by the dates specified unless the City Engineer gives <br />written approval for an extension: <br /> <br />A. Site Grading and Turf Restoration. Site grading improvements <br />shall include common excavation, sub grade correction, <br />embankment and pond excavation. Turf restoration shall include <br />seeding, mulching and erosion control. <br /> <br />I. Site Grading Improvements shall be completed on or before the <br />25th day of November, 2007. <br /> <br />2. Turf restoration improvements shall be completed on or before <br />the 25th day of November, 2007. <br /> <br />B. Landscaping. Developer shall complete all landscaping <br />improvements on or before the 25th day of November, 2007. The <br />Developer shall supply three (3) new trees for each Lot in the <br />subdivision. Credits may be given for Lots with existing healthy <br />trees. New coniferous trees shall be at least six (6) feet tall and <br />