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V <br /> CITY OF LINO LAKES,M:INNESOTA <br /> SITE IMPROVEMENT PERFORMANCE AGREEMENT <br /> THIS AGREEMENT made this 100' day of October,2011,is by and between the <br /> s Minnesota <br /> Center Parkway,Lino Lakes,y, <br /> City of Lino Lakes,whose address is 600 Town Gent <br /> 55014,a municipal corporation organized under the laws of the State of Minnesota, <br /> hereinafter referred to as the"City", and SAM Properties,whose address 7997 Lake <br /> Drive Lino Lakes Minnesota 55014,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 Council of the City on the I e day of October, <br /> 2011,by Resolution No. 11-95 (Exhibit A)pursuant to a conditional use permit; and <br /> WHEREAS,the conditional use permit review report is attached hereto as Exhibit <br /> B and the Plans listed in Exhibit B are incorporated herein by reference; and <br /> WHEREAS, the aforesaid approval includes a condition that prior to site work <br /> commencing, a new performance agreement with financial securities must be executed <br /> and the securities submitted to the City; and <br /> WHEREAS,pursuant to the terms of this Agreement,the Developer, its <br /> successors and assigns,agree to construct the improvements set forth in Exhibit B and the <br /> Plans on the site(hereinafter referred to as "Property")legally described as follows: <br /> That part of the Northwest Quarter of Section 9,Township 31,Range 22,Anoka <br /> County,Minnesota lying northwesterly of County State Aid Highway No.23. also <br /> known as Old U.S. Highway No. 8,except that part thereof described as follows: <br /> Beginning at the intersection of the west line of said Northwest Quarter <br /> and the northwesterly line of County State Aid Highway No. 23;thence <br /> northerly along said west line 329.14 feet;thence North 89 degrees 12 <br /> 10 minutes 22 seconds East 173.34 feet to said northwesterly right of way <br /> page 1 of 9 <br />