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DEVELOPMENT AGREEMENT <br />THIS AGREEMENT, made as of the day of April, 2000, by and <br />between the City of Little Canada, Minnesota (the "City "), a municipal corporation <br />organized and existing under the laws of the State of Minnesota and Masterpiece Homes, <br />Inc. (the "Developer "), a Minnesota corporation. <br />WITNESSETH: <br />WHEREAS, pursuant to Minnesota Statutes, Section 469.124 through 469.134, the <br />City has formed Municipal Development District No. 3 (the "Development District ") and <br />has adopted a development program therefor (the "Development Program "); and <br />WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 <br />through 469.179, as amended, (hereinafter the "Tax Increment Act "), the City has created, <br />within the Development District, Tax Increment Financing District No. 3 -2 (the "Tax <br />Increment District "), and has adopted a tax increment financing plan on April 28, 1998, <br />as amended on March 22, 2000 therefor (the "Tax Increment Plan ") which provides for <br />the use of tax increment financing in connection with certain development within the <br />Development District; and <br />WHEREAS, in order to achieve the objectives of the Development Program and <br />particularly to make the land in the Development District available for development by <br />private enterprise in conformance with the Development Program, the City has <br />determined to assist the Developer with the financing of certain costs of a Project (as <br />hereinafter defined) to be constructed within the Tax Increment District as more <br />particularly set forth in this Agreement; and <br />WHEREAS, the City believes that the development and construction of the <br />Project, and fulfillment of this Agreement are vital and are in the best interests of the <br />City, the health, safety, morals and welfare of residents of the City, and in accordance <br />with the public purpose and provisions of the applicable state and local laws and <br />requirements under which the Project has been undertaken and is being assisted. <br />NOW, THEREFORE, in consideration of the premises and the mutual obligations <br />of the parties hereto, each of them does hereby covenant and agree with the other as <br />follows: <br />1160667.1 <br />page 215 <br />