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CITY OF CENTERVILLE <br />COUNTY OF ANOKA <br />STATE OF MINNESOTA <br />RESOLUTION #19-012, <br />A RESOLUTION ADOPTING REVISED DEVELOPMENT AGREEMENT <br />AND <br />AUTHORIZING RECORDATION OF FINAL PLAT FOR <br />BAY VIEW VILLAS <br />WHEREAS, RICHARD A. DEFOE AND KARNA J. DEFOE, ("Applicant"), are the fee owners <br />of the Plat for BAY VIEW VILLAS. <br />WHEREAS, this matter came before the City Council on October 24, 2018, and the Council <br />approved the Final Plat for BAY VIEW VILLAS. <br />WHEREAS, the matter came before the City Council on October 24, 2018, and the Council <br />approved a Development and Subdivision Agreement for BAY VIEW VILLAS contingent on <br />the Parties negotiating a Declaration for a Home Owners Association. <br />WHEREAS, the parties have now negotiated a Declaration for a Home Owners Association <br />entitled, Declaration of Covenants, Conditions, and Restrictions For Bayview Villas. City Staff <br />recommends approval of same. <br />WHEREAS, the applicant asks for further revisions to the previous Development and <br />Subdivision Agreement: <br />• The City and Mr. & Ms. DeFoe were the Parties to the previous Agreement. The DeFoes <br />wish to move ownership of their property and development company into a Limited <br />Liability Company. <br />• The Parties desire a change to the previous Agreement reflecting a technical change to <br />enforce that common properties on the Plat will be owned by the Home Owners <br />Association. <br />WHEREAS, the requested revisions to the previous Agreement and the Declaration are <br />contained in the document, "Development and Subdivision Agreement, First Amendment." <br />WHEREAS, pursuant to the Development and Subdivision Agreement, First Amendment, the <br />City Council should APPROVE recording the Final Plat for BAY VIEW VILLAS with Anoka <br />County subject to the following conditions: <br />A. The Final Plat is contingent upon execution of, and subject to the terms of the revised, <br />"Development and Subdivision Agreement, First Amendment" with the City for the <br />Platted land; <br />Page 1 of 3 <br />