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DEVELOPMENT AGREEMENT <br />GRADING ONLY <br />Clearwater Creek Business Park <br />THIS AGREEMENT is made this day of , 2016, by and between the City <br />of Lino Lakes, a Minnesota municipal corporation ("City"), and United Properties Development <br />LLC, a Minnesota limited liability company ("Developer"). <br />1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. <br />16-76 for a plat known as Clearwater Creek Business Park ("Subdivision") as legally <br />described in Attachment A. Unless otherwise stated, all terms and conditions of this <br />Agreement relate to work within the Subdivision. <br />2. Grading Approval. The City grants approval to commence with site grading, wetland <br />mitigation and installation of stormwater management facilities, as provided for in City <br />Code Section 1001.145, contingent upon execution and delivery of this agreement and <br />all required petitions, bonds, security and documents specified herein. <br />3. Phased Development. The City may refuse to approve final plats of subsequent additions <br />of the plat if the Developer has breached this Agreement and the breach has not been <br />remedied. Development of subsequent phases may not proceed until Development <br />Agreements for such phases are approved by the City. <br />4. Developer Plans. <br />a. The Subdivision shall be graded in accordance with the following Developer <br />Plans, original copies of which are on file with the City Engineer. The Developer <br />Plans may be prepared and revised after entering into this Agreement but must <br />be approved by the City before commencement of any work. If the plans vary <br />from the written terms of this Agreement, this Agreement shall control. <br />b. The Developer Plans as of the date of this Agreement are: <br />i. Clearwater Creek Business Park plan set containing 14 sheets, prepared by <br />Plowe Engineering Inc., revised June 17, 2016 received June 17, 2016. <br />5. Permits. The Developer shall be responsible for securing all site grading and <br />development approvals and permits from all appropriate Federal, State, Regional and <br />Local jurisdictions prior to the commencement of site grading or construction and prior <br />to the City awarding construction contracts for public improvements. <br />