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<br /> <br />DEVELOPMENT AGREEMENT <br />and <br />PLANNED UNIT DEVELOPMENT AGREEMENT <br />NorthPointe 5th Addition <br /> THIS AGREEMENT is made this _____ day of ____________, 2017, by and between the <br />City of Lino Lakes, a Minnesota municipal corporation, and Tony Emmerich Construction, Inc., a <br />Minnesota corporation, referred to as (“Developer”). <br />1. Subdivision. Developer received preliminary plat approval from the City by Resolution <br />No. 14-21 for a plat known as NorthPointe 5th Addition (“Subdivision”). Unless otherwise <br />stated, all terms and conditions of this Agreement relate to work within the Subdivision. <br />2. Final Plat Approval. The City’s approval of the final plat of NorthPointe 5th Addition, as <br />legally described in Attachment A, is contingent upon execution and delivery of this <br />agreement and all required petitions, bonds, security, and documents, and satisfaction <br />of all conditions of approval required by Resolution No. 17-34. The Final Plat is attached <br />hereto as Attachment B. <br /> <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 developed 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. NorthPointe 5th Addition plan set containing 14 sheets, prepared by <br />Carlson McCain Inc., dated February 17, 2017. <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.