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Lots 1 2, 3, 4, 5, 6, 7, 8 and 9 Block 1; Lots 1, 2, 3, 4, 5, 6, 7, and 8, Block 2; Lots 1, 2, 3, <br />4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14, Block 3; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, <br />14, 15, i6, and 17, Block 4; Outlots A, B, and C, WILDLIFE SANCTUARY 3p'z) <br />ADDITION, Anoka County, Minnesota. <br /> <br />(the "Subject Property"); and <br /> <br /> WHEREAS, on March 25, 2003, pursuant to Resolution No. 03-03-077, the CITY <br />approved the f'mal plat of the Subject Property, which plat is known as WILDLIFE <br />SANCTUARY 3m) ADDITION (the "Plat");' which approval is contingent on certain <br />requirements, including the DEVELOPER and the CITY entering into this Agreement; and <br /> <br /> WHEREAS, the final plat for the Subject Property conforms to the preliminary plat for <br />Wildlife Sanctuary 3rd Addition approved by the CITY on November 26, 2002; and <br /> <br /> WHERE'A,S, the CITY requires certain improvements to be constructed within the Plat, <br />which improvements are defined as Stage I and Stage II Improvements in the City Code; and <br /> <br /> WHEREAS, the DEVELOPER intends to cause the required improvements in the Plat <br />to be constructed without financial participation by the CITY. <br /> <br /> WHEREAS, the DEVELOPER desires to construct the Stage I and Stage II <br />improvements, except for those Stage II Improvements constructed by the CITY; and <br /> <br /> WHEREAS, no expenditure of CITY funds will be made until the relevant City Code <br />escrow requirements have been completed by the DEVELOPER. <br /> <br />NOW, THEREFORE, the CITY and DEVELOPER agree as follows: <br /> <br /> SECTION I <br />STAGE I IMPROVEMENTS AND FINANCIAL GUARANTEES <br /> <br />City Code Compliance. The CITY approves the Plat conditioned on the DEVELOPER <br />developing the Plat in accordance with the applicable provisions of City Code, Section 9.50, <br />entitled Subdivision. <br /> <br />Conformance with Plan. The Plat shall be developed pursuant to the Final Plat plans <br />consisting ofrtwo (2) sheets, prepared by Passe Engineering, Inc., entitled Wildlife Sanctuary <br />3rd Addition. <br /> <br />Incorporation of All City Code Requirements. That the recitals above and the applicable <br />provisions of the City Charter, Subdivision Code, Zoning Code and Public Improvement <br />Code of the CITY, as amended to date hereof, are incorporated herein by reference. <br /> <br />Development Agreement/Wildlife Sanctuary 3~ Addition <br /> Page 2 of 12 <br /> <br /> <br />