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• <br />• <br />ATTACHMENT A <br />CITY OF LINO LAKES, MINNESOTA <br />SITE IMPROVEMENT PERFORMANCE AGREEMENT <br />THIS AGREEMENT made this th day of , 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 Encompass Digital Media, whose address is 6221 Holly <br />Drive Lino Lakes, Minnesota 55014, hereinafter referred to as the "Developer ". <br />WHEREAS, the Developer has received approval of a Conditional Use Permit <br />hereinafter called the "Plans ", by the City Council on the 23rd day of July, 2012 with the <br />adoption of Resolution Number 12 -68 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 />THE NW1 /4 OF SEC 33 TWP 31 RGE 22, EX S 110 FT OF E 254 FT OF SE1 /4 <br />OF SD 1/4, ALSO EX THAT PRT OF E1 /2 OF SD 1/4 DESC AS FOL: BEG AT <br />INTER OF C/L OF HOLLY DR WITH A BRANCH OF CO DITCH NO 25, SD <br />INTER BEING ON E LINE OF SD 1/4, TH NWLY ALG SD DITCH 700 FT <br />+OR- TO INTER/W ANOTHER DITCH RUN IN NLY DIRECTION, TH NELY <br />ALG SD DITCH 918 FT +OR- TO SD E LINE TH SLY ALG SD E LINE 907 <br />FT +OR- TO POB, ALSOEX NW1 /4 OF SD NW1 /4, ALSO EX THAT PRT OF <br />NE1 /4 OF SD NW1 /4 DESC AS FOL: BEG AT NW COR THEREOF, TH S 89 <br />DEG 52 MIN 21 SEC E, ASSD BRG, ALG N LINE OF SD 1/4 1/4 450 FT, TH <br />S 15 DEG 58 MIN 24 SEC W 1008 .32 FT, TH N 89 DEG 52 MIN 21 SEC W <br />160 FT TO W LINE OF SD 1/4 1/4, TH N 0 DEG 44 MIN 23 SEC W ALG SD <br />W LINE 970.11 FT TO POB, ALSO EX THAT PRT OF SW1 /4 OF SD NW1 /4 <br />DESC AS FOL: BEG AT NW COR OF SD1/ 4 1/4, TH S 89 DEG 57 MIN 28 <br />SEC E, ASSD BRG, ALG N LINE OF SD .SW1 /4 OF NW1 /4 1304.74 FT TO <br />NE COR OF SD SW1 /4 OF NW1 /4 TH S 25 DEG 18 MIN 53 SEC W 387.05 <br />FT, TH N 22 DEG 0 MIN 26 SEC W 377.62 FTTO S D N LINE, TH N 89 DEG <br />57 MIN 28 SEC W ALG SD N LINE 332.74 FT, TH S 64 DEG 53 MIN 35 SEC <br />W 729.37 FT TO W LINE OF SD S W 1 /4 OF NW 1 /4, TH N 0 DEG 50 MIN 22 <br />SEC W ALG SD W LINE 310 FT TO POB, TOG /WN 50 FT OF NE1 /4 OF <br />SW1 /4 OF SD SEC, EX E 254 FT THEREOF, EX RD, 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 />