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CITY OF LINO LAKES, MINNESOTA <br />SITE IMPROVEMENT PERFORMANCE AGREEMENT <br />THIS AGREEMENT made this day of , 2025, is by and <br />between the City of Lino Lakes, a municipal corporation organized under the laws of the <br />State of Minnesota, and Mark Smith (2120 Otter Lake Drive, White Bear Lake, MN <br />55110) ("Developer"). <br />WHEREAS, the Developer has received approval of an Interim Use Permit by <br />Resolution 25-89 and approval of the Site Development Plans, hereinafter called the <br />"Plans", by the City of Lino Lakes on the 23,d day of June, 2025, and in accordance with <br />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 />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 />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 <br />East line a distance of 265.87 feet; thence West a distance of 661.32 feet, more or less, <br />to a point in the West line of said quarter -quarter; thence South along said West line a <br />distance of 263.38 feet to the point of beginning, according to the U.S. Government <br />Survey thereof. <br />NOW, THEREFORE, in consideration of the mutual promises of the parties made <br />herein, <br />IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: <br />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 <br />referred 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 />Phelps Road Stockpile Site Performance Agreement page 1 of 10 <br />Page 114 of 142 <br />