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<br /> <br /> <br />VELMEIR CVS PROJECT <br />DEVELOPERS AGREEMENT <br /> <br /> <br /> THIS AGREEMENT is made this ______ day of August, 2004, by and between the <br />CITY OF MOUNDS VIEW, a Minnesota municipal corporation, the "City", and TVC <br />Moundsview, L.L.C., a limited liability company (the "Developer"). <br /> <br />Recitals <br /> <br /> A. The Developer is the fee owner of certain real estate located in Ramsey <br />County, Minnesota, legally described as <br /> <br />(See EXHIBIT A) <br /> <br />(hereinafter referred to as the "Property"). <br /> <br /> B. The Developer shall plat the Property consistent with the final plat of Velmeir <br />CVS Addition approved by the City Council in Resolution No. 6294 on June 28, 2004, <br />subject to the conditions and requirements contained in the authorizing resolution, the <br />Mounds View City Code and state statutes. <br /> <br /> C. The Developer shall construct on the Property improvements consistent with <br />the final plat and the site plans, date stamped May 20, 2004, approved by the City Council in <br />Resolution No. 6270 on May 24, 2004, subject to the conditions and requirements <br />contained in the authorizing resolution, the Mounds View City Code and state statutes, <br />which involves the construction of site work and infrastructure (including, but not limited to <br />utility, street and miscellaneous improvements as set forth in this Agreement or the approved <br />site plan) at the Property. <br /> <br /> D. The Developer is required to construct and install at its sole expense <br />certain grading, drainage, landscaping and other improvements as required by City <br />ordinance and itemized on Exhibit B (the "Improvements"). The Developer shall <br />construct and install the Improvements at the Property as set forth in Exhibit C. <br /> <br />Agreement <br /> <br /> In consideration of each party's promises as set forth in this Agreement, it is mutually <br />agreed as follows: <br /> <br />ARTICLE ONE <br />REPRESENTATIONS AND WARRANTIES <br /> <br />1.01. City Representations and Warranties. The City makes the following representations as <br />the basis for the undertakings on its part contained herein: <br />