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activities, and <br />Development Contract — Site Grading Only <br />Pine Glen <br />March 13, 2006 <br />That part of the South Half of the Northwest Quarter of the Northwest Quarter of <br />Section 9 Township 31, Range 22, Anoka County, Minnesota, lying Easterly and <br />Southerly of the North 135 feet of the West 328.50 feet and Easterly of the <br />Easterly line of Anoka County Highway Right -Of -Way Plat No. 17, according to <br />the U.S. Government Survey, Anoka County, Minnesota. <br />The South Half of the Northeast Quarter of the Northwest Quarter of Section 9, <br />Township 31, Range 22, Anoka County, Minnesota. <br />The South Half of the Northwest Quarter of the Northeast Quarter of Section 9, <br />Township 31, Range 22, Anoka County, Minnesota. <br />The South Half of the Northeast Quarter of the Northeast Quarter of Section 9, <br />Township 31, Range 22, Anoka County, Minnesota, Except the Easterly 730.00 <br />feet thereof. <br />WHEREAS, the Developer has requested approval to commence with site grading <br />WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 <br />authorize the City to enter into a performance contract secured by cash escrow or other security to <br />guarantee completion and payment of such improvements following final approval; and <br />NOW, THEREFORE, in consideration of the mutual promises of the parties made <br />herein, <br />IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the <br />I. DESIGNATION OF IMPROVEMENTS <br />A. Improvements to be installed at the Developer's expense by the Developer as <br />hereinafter provided are hereinafter referred to as "Developer Improvements ". <br />B. Improvements to be installed by the City and financed by the Developer are <br />hereinafter referred to as "City Improvements ". <br />II. DEVELOPER'S IMPROVEMENTS <br />A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, <br />and street and utility plan. The Developer shall secure a contractor to install these <br />improvements; said contractor shall be approved by the City at its ABSOLUTE <br />discretion. All Developer improvements shall require City inspection and approval <br />and, where appropriate, the approval of any other governmental agency having <br />jurisdiction. The Developer will construct and install at Developer's expense the <br />following improvements according to the following terms and conditions: <br />page 2 <br />-64- <br />