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CITY OF LAKE ELMO <br />WASHINGTON COUNTY <br />STATE OF MINNESOTA <br />RESOLUTION NO. 2023-046 <br />A RESOLUTIONAPPROVING THE DEVELOPMENTAGREEMENT FOR EBERTZ <br />ADDITION <br />WHEREAS, the City of Lake Elmo (the "City") is a municipal corporation organized and <br />existing under the laws of the State of Minnesota; and <br />WHEREAS, Drake Motor Partners LE LLC, a Colorado limited liability company (the <br />"Applicant") previously submitted an application to the City for a final plat and final PUD plan <br />for Ebertz Addition; and <br />WHEREAS, the Lake Elmo City Council adopted Resolution No. 2023-047 on May 16, <br />2023 approving the final plat and final PUD plan for EBERTZ Addition; and <br />WHEREAS, the conditions of approval of the final plat and final PUD plan in the <br />Resolution No 2023-047 included a requirement that the Applicant enter into a development <br />agreement acceptable to the City Attorney and approved by the City Council that delineates who <br />is responsible for the design, construction, and payment of the required improvements with <br />financial guarantees therefore; and <br />NOW, THEREFORE, the City Council of the City of Lake Elmo hereby: <br />Approves the Development Agreement for EBERTZ Addition and authorizes the <br />Mayor and City Clerk to execute it. The City Attorney is authorized to insert a list of <br />the plan documents approved by the City Engineer in Exhibit B and insert the cost <br />estimates for securities as approved by the City Engineer in Exhibit C of the <br />Development Agreement. <br />Passed and duly adopted this 16th day of May, 2023 by the City Council of the City of Lake Elmo, <br />Minnesota. <br />Charles Cadenhead, Mayor <br />MLOV-� <br />JutelohnsokVi§ Clerk <br />LA515-110-862818.v 1 <br />