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<br />DEVELOPMENT CONTRACT <br /> <br />JACKSON COMMERCIAL, LLC. - CENTERVILLE TOWN OFFICE PARK, PHASE I <br />(LOTS 1-10) <br /> <br />CENTERVILLE,MINNESOTA <br /> <br />THIS AGREEMENT, made and entered into this 1st day of December, 2003, by and between the <br />City of Centerville, a municipal corporation organized under the laws of the State of Minnesota <br />(the "City"), and Jackson Commerical, LLC., a Minnesota Limited Liability Corporation (the <br />"Developer"). <br /> <br />RECITALS: <br /> <br />WHEREAS, the Developer has applied to the City to be allowed at the Developer's expense to <br />construct all surface streets, parking lots, curb and gutter, required landscaping, storm sewer, <br />storm water ponds, drainage facilities, water main, and sanitary sewer facilities, hereinafter <br />referred to as "Street and Utility Improvements"; and <br /> <br />WHEREAS, the Developer is to be responsible for the installation and fmancing of certain <br />private improvements within the development, hereinafter referred to as "Private <br />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 <br />and authorization to proceed with construction and entering into this Agreement, <br />the Developer represents and warrants to the City: <br /> <br />1. That the Developer is the contract purchaser of the property and <br />has authority to enter into this Agreement. <br /> <br />2. That the commercial development complies with all City, County, <br />State and Federal laws and regulations, including but not limited to <br />City subdivision ordinances and zoning ordinances. <br /> <br />3. The commercial development complies with all wetland protection <br />legislation and will secure all required permits. <br /> <br />4. Attached as Exhibit B will be a letter stating that a permit is not <br />needed or that a valid permit from Anoka County for road access <br />onto 20th Avenue for the Development's driveway area(s) has <br />been secured. <br /> <br />B. PRIVATE IMPROVEMENTS. The Developer will construct and install at Developer's <br />expense the general improvements construction according to the detailed plans submitted <br />