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<br />DEVELOP:MENT CONTRACT <br />HUNTERS CROSSING 2ND ADDIDON <br /> <br />CENTERVILLE, MINNESOTA <br /> <br />TIllS AGREEMENT, made and enter~ into this 10th day of September, 2003 and amended <br />October 8, 2003, by and between the City of Centerville, a municipal corporation organized <br />under the laws of the State of Minnesota (the "City"), and Richard S. Carlson Development a <br />Minnesota Limited Liability Company (the "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 Hunters Crossing 2nd <br />Addition hereinafter called "Subdivision"; 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 />