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Preserve at Lino Lakes <br />Development Contract <br />May, 2013 <br />said quarter - quarter; thence North 0 degrees 33 minutes 07 seconds East along said east line 207 <br />feet, more or less, to the point of beginning. <br />AND <br />That part of the Northwest Quarter of the Northeast Quarter of Section 33, Township 31, Range <br />22, Anoka County, Minnesota, lying northwest of the west right -of -way line of Holly Drive. <br />WHEREAS, the Developer requested that the City construct and finance certain <br />improvements to service the plat; and <br />WHEREAS, the Developer is to be responsible for the installation and financing of <br />certain private improvements within the plat; and <br />WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City <br />installed improvements to the benefited property. <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 recording of <br />final plat; 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. DEVELOPER IMPROVEMENTS <br />A. Improvements to be installed by the Developer and financed by the Developer are <br />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 PLANS <br />A. The subject property shall be developed in accordance with the following Developer <br />Plans, original copies of which are on file with the City Engineer. The Developer <br />Plans may be prepared after entering this Agreement but must be completed and <br />approved by the City before commencement of any work on the Subject Property. If <br />the plans vary from the written terms of this Agreement, the written terms shall <br />control. The Developer Plans are: <br />page 2 <br />