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DEV�,'LOrMENT AGREEMENT I rr� LAKE ELMO HEIGHTS SECOND ADDITION (JTHIS AGREEMENT, made and entered into this �S, day of Z, 1987, by and between the City of Lake Elmo, a Minnesota nicipal Corporation (hereinafter called "City") and Lake Elmo Heights, a Minnesota Limited Partnership (hereinafter called "Developer") , WITNESSETH: THAT: WHEREAS, the Developer has made application to the City Council for approval of a Cluster Development pursuant to Lake Elmo City Ordinance Section 301.070 D.1.E and the variances granted Developer within the corporate limits of the City, described as follows: That part of the Northwest Quarter of Section 21, Township 29 North, Range 21 West, lying southerly of the south line of WASHINGTON COUNTY HIGHWAY RIGHT OF PLAT NO. 23; EXCEPT LAKE ELMO HEIGHTS, according to the plat on file in the office of the County Recorder, Washington County, Minnesota. WHEREAS, the City Council, on June lb, 1987, granted preliminary approval for the subdivision of Lake Elmo Heights Second Addition, on the condition that the Developer enter into this Agreement to provide for the installation of streets, utilities, landscaping and other improvements hereinafter described and the terms and conditions hereinafter set forth; and WHEREAS, the Developer hereby warrants and represents to the City as inducement to the City's entering into this Agreement that Developer's interest in the land area of the Development is fee owner; and WHEREAS, the Developer agrees to plat the remainder of the subject premises into an Outlot, clearly set forth on the plat, pursuant to Lake Elmo City Ordinance Section 301.070 D.I.E. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. Improvements. In accordance with the policies and ordinances of the City, the following described improvements shall be constructed and installed on the terms and conditions hereinafter contained: A. Street grading, graveling and stabilizing, bituminous surfacing, bituminous curb, construction of berms and boulevards, and turf restoration including seeding and mulching (hereinafter called "Street Improvements"); E. Drainage facilities, including all necessary storm sewers, catch basins, ponds, inlets and other appurtenances as well as seeding and mulching (hereinafter called "Storm Sewer Improvements");