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<br />DEVELOPMENT CONTRACT <br /> <br />PHEASANT MARSH, PHASE ill <br /> <br />CENTERVll..LE, MINNESOTA <br /> <br />THIS AGREEMENT, made and entered into this day of ,20-, by <br />and between the City of Centerville, a -municipal corporation organized under the laws of the <br />State of Minnesota (the "City''), and Ground Development. a Minnesota Corporation (the <br />"Developer"). <br /> <br />RECITALS: <br /> <br />WHEREAS, the Developer has received approval from the City Council for a preliminary plat of <br />land within the corporate limits of the City, which plat is known as Pheasant Marsh Phase ill, <br />hereinafter called "Subdiyision"; and <br /> <br />WHEREAS, the Developer has requested the City to construct all surface streets, sidewalks, curb <br />and gutter, recreational trails, storm sewer, drainage facilities, water main and sanitary sewer <br />facilities, hereinafter referred to as "Street and Utility Improvements"; and <br /> <br />WHEREAS, the Developer and the City desire to establish herein the financial responsibility for <br />the Street and Utility Improvements; and <br /> <br />WHEREAS, the Developer is to be responsible for the installation and financing of certain <br />private improvements within the plat, hereinafter referred to as "Private Improvements". <br /> <br />NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, it is <br />agreed by and between the parties as follows: <br /> <br />A. REPRESENTATIONS OF DEVELOPER. As inducement to the City's approval and <br />authorization to proceed with construction and entering into this Agreement, the <br />Developer represents and warrants to the City: <br /> <br />1. That the Developer is the fee owner of the property and has authority to enter into <br />this Agreement. <br /> <br />2. That the subdivision complies with all City, County, State and Federal laws and <br />regulationS, including but not limited to City subdivision ordinances and zoning <br />ordinances. <br /> <br />3. The subdivision complies with all wetland protection legislation. <br /> <br />B. PRNATE IMPROVEMENTS. The Developer will construct and install at Developer's <br />expense the general improvement construction according to Ordinance #8 and other <br />improvements specific to the development herein set forth: <br />