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AGREEMENT <br />This Agreement, executed this day of <br />1985 by the City of Orono, a municipal corporation organized and <br />existing under the laws of the State of Minnesota ('City'), DiCon, <br />a Minnesota limited partnership ('DiCon"') and Points Nest. <br />Builders, Inc., a Minnesota curpuratiun ('Points Nest'). <br />WHEREAS, DiCon is the owner of Outlot A, Countryside Manor <br />2nd Addician, Hennepin County, Minnesota; and <br />WHEREAS, Points West is the owner of Lot I., BlueK 1 and Lot <br />Block 2, Countryside Manor 2nd Addition; and <br />WHEREAS, by Resolution No. 171u, the City Council of the <br />City of Orono approved the plat of Countryside Manor 2nd Addition <br />uy Lake Minnetonka Homes, Incorporated, a Minnesota corporation <br />("Subdivider") upon ti►e understanding that the conditions of the <br />preliminary plat approval granted by the City Council had been <br />satisfied; and _ / ) `41' <br />P..,�.. R•U'' <br />WHEREAS, the conditions of preliminary plat approval of <br />Countryside- Manor 2nd Addition specifled that Countryside ?toad <br />shall be the only public road within the plat and all other roads <br />within the plat sl►all be private and designated as outlots; and <br />WHEREAS, Subdivider failed to designate Manor Circle on the <br />plat of Countryside Manor 2nd Addition as an outlot and instead <br />designated Manor Circle as a road dedicated to the public; and <br />WHEREAS, it is the intent of the parties that Manor Circle <br />shall be privately improved, repaireu, and maintained as a roadway <br />