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Phelps Road Stockpile Site Performance Agreement page 1 of 10 <br />CITY OF LINO LAKES, MINNESOTA <br />SITE IMPROVEMENT PERFORMANCE AGREEMENT <br /> <br /> THIS AGREEMENT made this _______ day of _______________, 2023, is by <br />and between the City of Lino Lakes, a municipal corporation organized under the laws <br />of the State of Minnesota, and Mark Smith (2120 Otter Lake Drive, White Bear Lake, <br />MN 55110) (“Developer”). <br /> <br /> WHEREAS, the Developer has received approval of an Interim Use Permit by <br />Resolution 23-10 and approval of the Site Development Plans, hereinafter called the <br />"Plans", by the City of Lino Lakes on the 13th day of February, 2023, and in accordance <br />with the Plans all of which are made a part hereof by reference. In consideration of such <br />approval, the Developer, its successors and assigns, does covenant and agree to perform <br />the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth <br />upon the real estate (hereinafter referred to as "Property") described as follows: <br /> <br />The West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 24, Township 31, <br />Range 22, Anoka County, Minnesota, EXCEPT the following described tract: <br /> <br />Beginning at the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of said <br />Section 24; thence East along the South line thereof a distance of 660.97 feet, more or <br />less, to the East line of the West 1/2 of said quarter-quarter; thence North along said East <br />line a distance of 265.87 feet; thence West a distance of 661.32 feet, more or less, to a <br />point in the West line of said quarter-quarter; thence South along said West line a <br />dis tance of 263.38 feet to the point of beginning, according to the U.S. Government <br />Survey thereof. <br /> <br />NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, <br /> <br />IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: <br /> <br />I. DESIGNATION OF IMPROVEMENTS. <br /> <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 /> <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 /> <br />II. ON-SITE WORK. <br /> <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