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,iii 1 1 F <br />I a <br />"Terrace Drive) <br />i <br />THIS, AGREEMENT, made and entered into as of this 27th day of <br />November C'ty of Rosev i'lle, Minnesota <br />IF 19 8 9 by and between the i • F <br />a Minnesota, public body corporate and politic, hereinafter called <br />thie "City'll and Rosedale Square North Limited Partnership, a <br />Minnesota 110mitied, partnership, hereinafter called the "Developer"g, <br />a <br />WITNESSE,TH& <br />9 <br />WHEREAS the Devielopler has proposed the acquisition by the <br />I <br />City of' a roadway as, hereinafter def ined which the City bel 1'eves <br />will, priom,ote the interests of . tihe C ity and the heaclth, sa f ety and <br />weillf'are of i its residents * and <br />IF <br />WHEIREAS, 'the City has approved said development and has <br />further agreed to acquire from Developer certain lands and the road <br />Q <br />improvemients thereon, in conjunction with Developer's development <br />of adjacent, properties as more fully set forth herein. <br />01 <br />NOWj Imo`in cons ilderation of the premises and mutual <br />obligations of the parties contained herein,, each of them does <br />hereby, represent covenant and agree with the other as followse <br />Vy*o ei � W <br />$I a <br />Section 1 aii.,'i Def initions, In this Agreement, the following <br />b 9 <br />terms have the following respective meanings unless the context <br />[,-ilerieolf' clearily requires otherwise: <br />(a) Ro• The Roadway shall, cons ist • the road and curb <br />preiviously constructed by Developer on a port i8on of the <br />1 <br />Roadway Property accord ing to the Pro3 ect Plans approved by <br />the C ity & <br />(b) Project Plans,, Collecit"vely the plans drawings <br />I F IF <br />'f"cations, and <br />e e <br />rlatd documents together w 11th any and <br />sipeci, i, i <br />all changes, therein that may hereafter be made, which are <br />i <br />describled on Exhibit A. <br />