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DEVELOPMENT CONTRACT FOR <br />SINGLE-PHASE DEVELOPMENT <br />DEVELOPMENT CONTRACT <br />:FOR THE.LUTHER COMPANY, LLLP <br />THIS AGREEMENT, made and entered into on the day of September, 2019 by <br />and between the. CITY OF Gem Lake, a municipality of the State of Minnesota,. (hereinafter called <br />the CITY), and the OWNER and DEVELOPER identified herein as The Luther Company, LLLP. <br />RECITALS: <br />WHEREAS., the DEVELOPER has applied.. to the CITY for approval of the <br />CONDITIONAL. USE PERMIT; <br />WHEREAS, the DEVELOPER has applied to the. CITY for approval of the. <br />DEVELOPMENT PLANS with the CONDITIONAL USE PERMIT; <br />WHEREAS, in conjunction with the granting of these approvals, the CITY requires the <br />installation and/or availabilitypublic streets; -and Public UtiIities.(Water);. <br />WHEREAS, under authority granted to it; including Minnesota Statutes chapters 412, 429, <br />and 462, the COUNCIL has agreed. to approve the CUP and- DEVELOPMENT PLANS on the <br />following. conditions:. <br />1. That the. DEVELOPER enter into this DEVELOPMENT CONTRACT, which <br />contract defines the work which the DEVELOPER undertakes to.. complete; anal <br />2. The DEVELOPER shall provide an irrevocable letter of credit, or cash. deposit; in <br />the amount and with conditions satisfactory to the CITY, providing for the actual construction and <br />installation of such improvements. within the period specified by the CITY. <br />WHEREAS,. the DEVELOPER has filed four (4) complete sets of the DEVELOPMENT <br />PLANS with the CITY; <br />WHEREAS, the DEVELOPMENT PLANS Have been prepared :by a registered <br />professional engineer and have been submitted to. and approved by the CITY ENGINEER. <br />NOW, THEREFORE,. subject to the terms and conditions of this DEVELOPMENT <br />CONTRACT and in reliance upon the: representations, warranties and. covenants of the. parties. <br />herein contained,. the CITY, OWNER and DEVELOPER agree as follows: <br />ARTICLE I <br />'DEFINITIONS <br />