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WHEREAS, on December 14, 2010, pursuant to Resolution No. 10 -12 -271, the CITY <br />approved the final plat of the Property, which plat is known as ALPHA DEVELOPMENT (the <br />"Plat "), which approval is contingent on certain requirements, including PERMITTEE and the <br />CITY entering into this Contract; and <br />WHEREAS, the CITY requires that certain improvements be constructed on the <br />Property, which improvements (collectively, the "Improvements ") are defined in this Contract <br />and consist of the Stage I Improvements and the Stage II Improvements; and <br />WHEREAS, PERMITTEE has requested, and the CITY has agreed, to cause certain <br />Stage I Improvements to the Property to be constructed by and with financial participation by the <br />CITY through a Minnesota Statutes Chapter 429 and City Charter assessment process; and <br />WHEREAS, PERMITTEE desires to construct certain Stage I and Stage II <br />Improvements in accordance with the Plat and plans approved by PERMITTEE and the CITY; <br />and <br />WHEREAS, PERMITTEE understands that the CITY will expend no CITY funds <br />until PERMITTEE has complied with the relevant escrow requirements in the Code of <br />Ordinances of the CITY. <br />WHEREAS, the PERMITTEE has proposed to construct a single buildable lot <br />public /quasi public development. <br />WHEREAS, the PERMITTEE has proposed to construct a K -12 private school and that <br />the CITY has had a long standing strategic goal to increase the educational opportunities within <br />the community. <br />NOW, THEREFORE, the CITY and PERMITTEE agree as follows: <br />1. Conditions of Approval. The CITY hereby approves the Plat on condition that <br />PERMITTEE provide the necessary security in accordance with the terms of this <br />Contract pursuant to the City Code and agrees to the Assessment Agreement as defined <br />below in paragraph #5. <br />2. Permittee Plans. PERMITTEE shall develop the Property in accordance with the <br />Permittee Plans. The Permittee Plans as they currently exist were prepared by Anderson <br />Engineering, are dated September 3, 2010 and revised November 1, 2010 and <br />, are in the files of the CITY and consist of the following: Final Plat <br />Plan, Utility Plans; Sanitary Sewer and Watermain Construction; Storm Sewer and Street <br />Construction; Grading, Erosion Control and Details; Landscape Plan and Tree Inventory. <br />The Permittee Plans shall not be amended without the consent of the CITY. <br />3. Stage I Improvements. The "Stage I City Improvements ", consist of the following: <br />a. Extension of sanitary sewer along the west side of Armstrong Boulevard from just <br />north of Sunwood Drive to Bunker Lake Boulevard; <br />ALPHA DEVELOPMENT /Legacy Christian Academy <br />Development Contract <br />Page 2 of 18 <br />