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• <br />• <br />CITY OF LINO LAKES, MINNESOTA <br />SITE IMPROVEMENT PERFORMANCE AGREEMENT <br />THIS AGREEMENT made this 28th th day of June , 2012 is by <br />and 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 Lakes Building Components, whose address is 7301 <br />Apollo Court Lino Lakes, Minnesota 55014, hereinafter referred to as the "Developer ". <br />WHEREAS, the Developer has received approval of an Interim Use Permit <br />hereinafter called the "Plans ", by the City Council on the 25th day of June, 2012 with the <br />adoption of Resolution Number 12 -53 and in accordance with the Plans all of which are made a <br />part 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 aforesaid <br />approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property ") <br />described as follows: <br />THAT PRT OF SE1 /4 OF SEC 18 TWP 31 RGE 22 DESC AS FOL: COM AT <br />NE COR OF SD 1/4, TH S 88 DEG 22 MIN 57 SEC W, ASSD BRG, ALG N <br />LINE OF SD 1/4 2099.84 FT, TH S 1 DEG 37 MIN 03 SEC E 648.37 FT, TH S <br />88 DEG 22 MIN 57 SEC W 70 FT, TH S 1 DEG 37 MIN 03 SEC E 16 FT TO <br />POB, TH S 88 DEG 22 MIN 57 SEC W 131.85 FT, THS 50 DEG 20MIN 19 <br />SEC W 203.19 FT, TH S 80 DEG 18 MIN 27 SEC W 225 FT TO W LINE OF <br />SD 1 /4,TH S 0 DEG 01 MIN 09 SEC W ALG SD W LINE 425 FT TO NWLY <br />R/W LINE OF CITY OF LINO LAKES R/W PLAT NO 1, AKA APOLLO DR, <br />TH NELY 414.82 FT ALG SD NWLY R/W LINE & ALG A NON TAN CUR <br />CONC TO NW HAV A RAD OF799 FT & A CEN ANG OF 29 DEG 44 MIN 48 <br />SEC & A CHORD BRG OF N 65 DEG 12 MIN 43 SEC E, TH N 50 DEG 20 <br />MIN 29 SEC E TAN TO LAST DESC CUR 308.46 FT, TH N 39 DEG 39 MIN <br />31 SEC W 70.31 FT, TH NWLY 156.03 FT ALG A TAN CUR CONC TO NE <br />HAV A RAD OF 235 FT & A CEN ANG OF 38 DEG 02 MIN 28 SEC, TH N 1 <br />DEG 37 MIN 03 SEC Y W TAN TO LAST DESC CUR 30 FT TO POB, EX RD, <br />SUBJ TO EASE OF REC <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 />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 />