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D. The Developer desires to construct and install the Public Improvements at its sole <br />cost, except to the extent that the City will reimburse the Developer pursuant to section 2.03(e) of <br />this Agreement. <br />E. Although public right-of-way already exists over much of the area whereby the <br />Public Improvements will be constructed and installed, there is additional right-of-way necessary <br />that will either be dedicated by the Developer via the Subdivision plat or acquired by the City <br />through its eminent domain authority. Prior to making applications for the requisite land use <br />entitlements, the Developer desires to commit to dedicating such right-of-way and reimbursing the <br />City for costs associated with acquiring any additional right-of-way necessary for the Public <br />Improvements, except as provided in section 2.01(b) of this Agreement. <br />F. The Developer agrees that its platting and development of the Property, including <br />but not necessarily limited to, its construction and installation of the Improvements, as defined <br />herein, shall all be facilitated and governed in accordance with the terms and conditions of this <br />Agreement. <br />Agreement <br />In consideration of each party's promises as set forth in this Agreement, it is mutually agreed <br />as follows: <br />ARTICLE ONE <br />REPRESENTATIONS AND WARRANTIES <br />1.01. City Representations and Warranties. The City makes the following representations as the basis <br />for the undertakings on its part contained herein: <br />A. The City is a municipal corporation under the laws of Minnesota. <br />B. The City has the right, power, and authority to execute, deliver, and perform its <br />obligations under this Agreement. <br />1.02. Developer Representations and Warranties. The Developer makes the following <br />representations as the basis for the undertakings on its part contained herein: <br />A. The Developer is fee owner of the Property. <br />B. The Developer has the right, power, and authority to execute, deliver, and perform its <br />obligations under this Agreement. The Developer assures the City that the individuals who execute <br />this Agreement on behalf of the persons and entities that are collectively referred to as the Developer <br />are duly authorized to sign on behalf of said persons and entities and legally bind said persons and <br />entities to the term and conditions set forth herein. <br />2 <br />MU210-262-628764.v18 <br />