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Cloud Drive, LLP, a Minnesota limited liability partnership, fee owner of the <br />following described property situated in the County of Anoka, State of Minnesota, <br />to wit: <br />Lot 1, Bock 3, Now and Then Estates, Anoka County, Minnesota <br /> <br />-or upon recording- <br /> <br />Lots I-11, Block 1, Lots 1-33, Block 2, Lots 1-3, Block 3, Lots 1-2, Block 4, and Outlots <br />A, B, C, and D, BKOOtCFIELD FIRST ADDITION, Anoka County, Minnesota <br /> <br />(the "Subject Property"); and <br /> <br /> WHEREAS, on March I4, 2006, pursuant to Resolution No. 06-03- , the CITY <br />approved the final plat of the Subject Property, whict~ pla[js known as BROOKFIELD FIRST <br />ADDITION (the "Plat"), wh/ch approval is contingent on certain requirements, including the <br />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 />Brookfield Addition; and <br /> <br /> WHEREAS, the DEVELOPER has received approval from the Metropolitan Council of <br />the request for Comprehensive Plan Amendment to change the Subject Property's land use <br />designation in the City's Comprehensive Plan from Rural Developing to Low Density <br />Residential; and <br /> <br /> WHEREAS, 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 its required improvements in the Plat <br />to be constructed with financial participation by the CITY; and <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 />-162- <br /> <br />BrookfieldFirstAddition <br />DevelopmentAgreement <br />Page3of14 <br /> <br /> <br />