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<br /> <br />Waters Edge 6th Addition 2 <br /> <br /> <br /> <br /> WHEREAS, the City Council of the City has, by Resolution Numbers 2002-65, <br />2002-66 and 2002-67 on December 16, 2002, approved the Preliminary Plat and PUD for a major <br />subdivision as proposed by the Developer to be known as " Waters Edge" ; and, <br /> <br />WHEREAS, the City Council of the City has, by Resolution Number 2003-65 on December 15, <br />2003, approved the PUD Amendment for a major subdivision as proposed by the Developer to be <br />known as "Waters Edge" ; and, <br /> <br />WHEREAS, the City Council of the City has, by Resolution Number 2019-___ on May 20, 2019, <br />approved the PUD Amendment for a major subdivision as proposed by the Developer to be known <br />as "Waters Edge 6th Addition" ; and, <br /> <br /> WHEREAS, the City Council of the City has, by Resolution Number 2019-__ on <br />June 3, 2019 approved the final plat for a major subdivision as proposed by the Developer to be <br />known as " Waters Edge 6th Addiiton " (hereinafter referred to as the "Plat"); and, <br /> <br /> WHEREAS, the Plat proposed a development of an approximately 13.13 acre parcel <br />of land into 37 single family villa units and 1 common lot (Lot 38); and, <br /> <br /> WHEREAS, it is the policy of the City to enter into development contracts as <br />contemplated in Minnesota Statutes §462.358, Subd. 2(a); and, <br /> <br /> WHEREAS, the parties hereto desire to set forth their respective rights and <br />obligations of the parties to this Agreement. <br /> <br /> NOW, THEREFORE, in consideration of the premises and of the mutual promises <br />and conditions contained herein, it is agreed by the parties hereto as follows: <br /> <br />A. GENERAL ENGINEERING CONDITIONS; <br /> <br /> 1. Escrow for City Costs and Fees. Developer shall, contemporaneously with <br />the execution of this Agreement, deposit with the City an escrow as outlined in Exhibit C to cover <br />the cost of legal fees, engineering and construction observation fees, administrative expenses, and <br />other costs related to this Plat. <br /> <br /> All fees and costs incurred by the City in connection with the Plat shall be <br />charged against said escrow account which shall remain in effect until the expiration of the <br />warranty period for the Plat, as defined in paragraph 7, in all events said fees and costs shall be the