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CITY OF LINO LAKES, MINNESOTA <br />SITE IMPROVEMENT PERFORMANCE AGREEMENT <br />THIS AGREEMENT made this day of , 2003, is by and <br />between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, <br />Minnesota 55014, a municipal corporation organized under the laws of the State of Minnesota, <br />hereinafter referred to as the "City ", and Frauenshuh Hospitality Group of Minnesota whose <br />address is 7101 West 78th Street, Suite 100, Bloomington, Minnesota 55439, hereinafter referred <br />to as the "Developer ". <br />WHEREAS, the Developer has received approval with conditions of the Site <br />Development Plans, hereinafter called the "Plans" by the City Council of the City on the 14th day <br />of April, 2003 by Resolution No. 03-46 (Exhibit A) and in accordance with the Plans all which <br />are made a part hereof by reference. In consideration of such approval, the Developer, its <br />successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in <br />the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as <br />"Property") described as follows: <br />Lot 1, Block 1, Lino Lakes Market Place 2nd Addition <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 />THE WORK <br />Developer's Work <br />The Work shall consist of the improvements described in the approved Plans, to include <br />any approved subsequent amendments, and shall be in compliance with all applicable statutes, <br />