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Development Contract <br />Millers Crossroads 2nd Addition <br />March 28, 2005 <br />1. Whenever in this agreement it shall be required or permitted that notice or <br />demand be given or served by either party to this agreement to or on the <br />other party, such notice or demand shall be delivered personally or mailed by <br />United States mail to the addresses hereinbefore set forth on Page 1 by <br />certified mail (return receipt requested). Such notice or demand shall be <br />deemed timely given when delivered personally or when deposited in the <br />mail in accordance with the above. The addresses of the parties hereto are as <br />set forth on Page 1 until changed by notice given as above. <br />C. Final Plat Approval <br />1. The City agrees to give final approval to the plat of the Subdivision in <br />accordance with section VII upon execution and delivery of this agreement <br />and all required petitions, bonds, security, and documents including the <br />following: <br />a) Review and approval of a Homeowner's Association agreement, <br />which includes provisions for the operation and maintenance of all <br />signage and buffer areas. <br />b) Review and approval of informational brochure including Best <br />Management Practices with regard to buffer and wetland area <br />requirements. <br />c) Receipt of warranty deeds or dedication of all outlots proposed to be <br />conveyed to the City. <br />XIII. VIOLATIONS/BUILDING PERMITS <br />A. In the event that Developer violates any of the covenants and agreements contained <br />in this Development Contract and to be performed by the Developer, the City, at its <br />option, in addition to the rights and remedies as set out hereunder may refuse to <br />issue building permits and /or Certificate of Occupancies to any property within the <br />Subdivision until such time as such default has been corrected to the satisfaction of <br />the City. <br />XIV. PARK DEDICATION <br />A. A park dedication fee of $61,550 for Millers Crossroads 2nd Addition represents no <br />land dedication and a credit of $21,700 for sidewalk installation along Lakota Trail <br />and Ojibway Path. The total value of the park dedication fee and credit is $83,250 <br />for the 50 units. <br />page 11 <br />-70- <br />