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<br /> <br />2 <br /> <br />DEVELOPMENT AGREEMENT <br /> <br /> <br /> THIS AGREEMENT is made this ________ day of __________, 2008, by and between <br />the CITY OF MOUNDS VIEW, a Minnesota municipal corporation (the “City”), and <br />MOUNDS VIEW SELECT PROPERTIES, L.L.C., a Minnesota Limited Liability Company, <br />(the “Developer”). <br /> <br />Recitals <br /> <br />A. The Developer is the fee owner of certain real estate located in Ramsey County, <br />Minnesota, legally described as <br /> <br />Lot 49, Auditor’s Subdivision Number 89, Subject to a 5 foot strip easement along the <br />rear line for public utility use, <br />Ramsey County, Minnesota (PIN 06-30-23-31-0030) <br />And, <br />That part of Lot 48, Auditors Subdivision Number 89 lying South of the North 300 feet <br />front and rear thereof, except that portion taken for the highway right of way <br />purposes. Subject to restrictions contained in Document Number 238161, <br /> Ramsey County, Minnesota (PIN 06-30-23-31-0029) <br />And, <br />The South 150 feet of the North 300 feet, front and rear of Lot 48, Auditors Subdivision <br />Number 89, including any portion of any street of alley adjacent thereto, vacated <br />or to be vacated, together with all road privileges, easements and appurtenances <br />thereto attached, <br />Ramsey County, Minnesota (PIN 06-30-23-31-0028) <br /> <br />(hereinafter referred to as the “Property”). <br /> <br />B. The Developer shall construct on the Property improvements consistent with the final <br />site plans date-stamped September 18, 2008, and approved by the City Council on September 22, <br />2008. <br /> <br />C. The Developer has requested that the City approve a major subdivision for the <br />property. <br /> <br />D. As a prerequisite to the approval of the subdivision, the City Council requires the <br />Developer to agree to the construction of certain improvements pursuant to this Agreement for the <br />orderly development of the Property. <br /> <br />E. The Developer is financially responsible for the construction and installation costs of <br />certain utilities and roadway, as required by City ordinance, referred to as the “Improvements”.