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• <br />• <br />• <br />CITY OF LINO LAKES, MINNESOTA <br />SITE IMPROVEMENT PERFORMANCE AGREEMENT <br />THIS AGREEMENT made this 12th day of October 2009, is by and between the <br />City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota <br />55014, a municipal corporation organized under the laws of the State of Minnesota, <br />hereinafter referred to as the "City ", and North Springs Church, whose address is 1388 <br />Pheasant Hills Drive, hereinafter referred to as the "Developer ". <br />WHEREAS, the Developer has received approval of Site Development Plans, <br />hereinafter called the "Plans ", by the City on the 9t day of February, 2004, by Resolution <br />No. 04 -18 (Exhibit A), and in accordance with the Plans all of which are made a part <br />hereof by reference. In consideration of such approval, the Developer, its successors and <br />assigns, does covenant and agree to perform the work as set forth in the Plans, in the <br />aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to <br />as "Property ") described as follows: <br />Lot 7, Auditors Subdivision No. 100 <br />THAT PRT OF LOT 7 AUD SUB NO 100 LYG SLY OF FOL DESC LINE: BEG AT A PT ON ELY <br />LINE OF SD LOT 20 FT NLY FROM SELY COR OF SD LOT, TH NWLY TO A PT ON WLY LINE <br />THEREOF 150 FT NELY FROM SWLY COR OF SD LOT& SD LINE THERE TERM, TOG /W LOT 8 <br />SD AUD SUB NO 100, ALSO TOG /W THAT PRT OF LOT 9 SD AUD SUB NO 100 DESC AS FOL: <br />BEG AT A PT ON S LINE OF SD LOT 9 234 FT WLY OF SE COR OF SD LOT 9, TH N TO A PT ON <br />N LINE OF SD LOT 9 200 FT WLY OF NE COR OF SD LOT 9, TH WLY ALG SD N LINE TO ELY <br />R/W LINE OF CSAH NO 23, TH SWLY ALG SD R/W LINE TO S LINE OF SD LOT 9, TH ELY ALG <br />SD S LINE TO POB, TOG /W WLY 10 FT OF NLY134.31 FT OF THAT PRT OF SD LOT 9 DESC AS <br />FOL: BEG AT A PT ON SLY LINE OF SD LOT 9 120 FT WLY OF SE COR THEREOF TH WLY ALG <br />SD SLY LINE 114 FT, TH NLY TO A PT ON NLY LINE OF SD LOT 9 200 FT WLY OF NECOR <br />THEREOF, TH ELY ALG SD N LINE 90 FT, TH SLY TO POB, EX RD, SUBJ TO EASE OF REC <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 />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 />October 12, 2009 <br />North Springs Church Performance Agreement Page 1 of 10 <br />