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CITY OF LAKE ELMO <br />WASHINGTON COUNTY <br />STATE OF MINNESOTA <br />RESOLUTION NO.2023-025 <br />A RESOL UTION APPROVING THE DEVELOPMENT AGREEMENT FOR DPS LAKE ELMO <br />3RD ADDITION <br />WHEREAS, the City of Lake Elmo (the "City") is a municipal corporation organized and <br />existing under the laws of the State of Minnesota; and <br />WHEREAS, Hendrix Apartments, LLC, a Minnesota limited liability company (the <br />"Applicant") previously submitted an application to the City for a final plat and final PUD plan <br />for DPS Lake Elmo Yd Addition; and <br />WHEREAS, the Lake Elmo City Council adopted Resolution No. 2022-103 on November <br />1, 2022 approving the final plat and Resolution No. 2022-124 on December 20, 2022 approving <br />the final PUD plan for DPS Lake Elmo P Addition (collectively, the "Resolutions"); and <br />WHEREAS, the conditions of approval of the final plat and final PUD plan in the <br />Resolutions included a requirement that the Applicant enter into a development agreement <br />acceptable to the City Attorney and approved by the City Council that delineates who is <br />responsible for the design, construction, and payment of the required improvements with financial <br />guarantees therefore; and <br />NOW, THEREFORE, the City Council of the City of Lake Elmo hereby: <br />1. Approves the Development Agreement for DPS Lake Elmo 3rd Addition and authorizes <br />the Mayor and City Clerk to execute it. The City Attorney is authorized to insert a list <br />of the plan documents approved by the City Engineer in Exhibit B of the Development <br />Agreement. <br />Passed and duly adopted this 21 sc day of March, 2023 by the City Council of the City of Lake <br />Elmo, Minnesota. <br />Charles Cadenhead, Mayor <br />A T: <br />Ju tPsonVy Clerk <br />LA515-110-862818.v 1 <br />