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Development Contract — Site Grading Only <br />The Preserve <br />July 23, 2007 <br />activities, and <br />except that part of said quarter- quarter described as follows: Beginning at said <br />Point "A "; thence North 89 degrees 29 minutes 30 seconds West 272.96 feet; <br />thence South 22 degrees 30 minutes West 223.24 feet; thence North 89 degrees 29 <br />minutes 30 seconds East parallel with the north line of said quarter - quarter 356.42 <br />feet, more or less, to the east line of said quarter - quarter; thence North 0 degrees <br />33 minutes 07 seconds East along said east line 207 feet, more or less, to the point <br />of beginning, except that part thereof taken for road purposes. <br />AND <br />That part of the Northwest Quarter of the Northeast Quarter of Section 33, <br />Township 31, Range 22, Anoka County, Minnesota, lying northwest of the west <br />right -of -way line of Holly Drive. <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 />The Developer shall secure a contractor to install these improvements; said <br />contractor shall be approved by the City at its ABSOLUTE discretion. All <br />Developer improvements shall require City inspection and approval and, where <br />appropriate, the approval of any other governmental agency having jurisdiction. The <br />Developer will construct and install at Developer's expense the following <br />improvements according to the following terms and conditions: <br />1. Conservation Development Restoration and Management <br />page 2 <br />-133- <br />