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7858501v2 <br /> <br /> <br /> <br /> <br />DEVELOPMENT AGREEMENT <br />and <br />PLANNED UNIT DEVELOPMENT AGREEMENT <br />Clearwater Creek Business Park <br />THIS AGREEMENT is made this _____ day of September, 2016, by and between the City <br />of Lino Lakes, a Minnesota municipal corporation, and United Properties Development LLC, a <br />Minnesota limited liability company (“Developer”). <br />1. Subdivision. Developer received preliminary plat approval from the City by Resolution <br />No. 16-76 for a plat known as Clearwater Creek Business Park (“Subdivision”) Unless <br />otherwise stated, all terms and conditions of this Agreement relate to work within the <br />Subdivision. <br />2. Final Plat Approval. The City’s approval of the final plat of Clearwater Creek Business <br />Park (of the real property legally described on Exhibit A attached hereto) is contingent <br />upon execution and delivery of this agreement and all required petitions, bonds, <br />security, and documents, and satisfaction of all conditions of approval required by <br />Resolution No. 16-109. The Final Plat is attached hereto as Exhibit B. <br /> <br />3. Phased Development. The City may refuse to approve final plats of subsequent <br />additions of the plat if the Developer has breached this Agreement and the breach has <br />not been remedied. Development of subsequent phases may not proceed until <br />Development Agreements for such phases are approved by the City. <br />4. Developer Plans. <br />a. The Subdivision shall be developed in accordance with the following Developer <br />Plans in all material respects, original copies of which are on file with the City <br />Engineer. The Developer Plans may be prepared and revised after entering into <br />this Agreement but must be approved by the City before commencement of any <br />work. If the plans vary from the written terms of this Agreement, this <br />Agreement shall control, unless the plans are approved by the City, in which <br />event the plans shall control. <br />b. The Developer Plans as of the date of this Agreement are: <br />i. Clearwater Creek Business Park & 21st Avenue South Construction Plans <br />containing 22 sheets, dated August 11, 2016, prepared by Plowe <br />Engineering, Inc. received August 10, 2016.