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CITY OF LINO LAKES, MINNESOTA <br />SITE IMPROVEMENT PERFORMANCE AGREEMENT <br />THIS AGREEMENT made this day of , 2022, is by <br />and between the City of Lino Lakes, a municipal corporation organized under the laws <br />of the State of Minnesota, and Kwik Trip, Inc. (1626 Oak Street, La Crosse, WI 54603) <br />("Developer"). <br />WHEREAS, the Developer has received approval of Site Development Plans, <br />hereinafter called the "Plans", by the City of Lino Lakes on the day of , 2022, <br />and in accordance with the Plans all of which are made a part hereof by reference. In <br />consideration of such approval, the Developer, its successors and assigns, does covenant <br />and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as <br />hereinafter set forth upon the real estate (hereinafter referred to as "Property") described <br />as follows: <br />That part of Government Lot 1, Section 30, Township 31 North, Range 22 West, Anoka <br />County, Minnesota, described as follows: Lying southeasterly of the centerline of <br />County State Aid Highway No. 23 and lying westerly of the centerline of County State <br />Aid Highway No. 49 (a/k/a Hodgson Road). <br />Abstract Property <br />NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, <br />IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: <br />I. DESIGNATION OF IMPROVEMENTS. <br />A. Improvements on the project site to be installed at the Developer's <br />expense by the Developer as hereinafter provided are hereinafter referred <br />to as "On -site Work". <br />B. Improvements off the project site to be installed at the Developer's <br />expense, if any, by the Developer as hereinafter provided are hereinafter <br />referred to as "Off -Site Work". <br />C. Developer shall enter into a Declaration for Maintenance of Stormwater <br />Facilities. <br />II. ON -SITE WORK. <br />A. On -Site Work. The On -Site Work shall consist of the improvements <br />described in the approved Plans, to include any approved subsequent <br />amendments, and shall be in compliance with all applicable statutes, codes <br />and ordinances of the City. The On -Site Work includes all on -site exterior <br />Kwik Trip Site Performance Agreement page 1 of 11 <br />