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CITY OF LINO LAKES, MINNESOTA <br />SITE IMPROVEMENT PERFORMANCE AGREEMENT <br />THIS AGREEMENT made this day of , 2003, is by <br />and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino <br />Lakes, Minnesota 55014, a municipal corporation organized under the laws of the State <br />of Minnesota, hereinafter referred to as the "City ", and Robert A. Mueller, whose address <br />is 1283 Mound Trail, Centerville, Minnesota, 55038, hereinafter referred to as the <br />"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 14th day of April, <br />2003, by Resolution No. 03-45 (Exhibit A) and in accordance with the Plans all of 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 <br />Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate <br />(hereinafter referred to as "Property") described as follows: <br />That part of the North Half of the North Half of the Northwest Quarter of Section <br />9, T. 31, R. 22, Anoka County Minnesota described as beginning at the <br />intersection with the south line of said tract and the easterly right -of -way line of <br />C.S.A.H. No. 23 (old highway No. 8) as now established; (said one -half right -of- <br />way being 50 feet); thence east along said south line 288.70 feet; thence north at <br />right angles 146.02 feet; thence west parallel with first described course 211.87 <br />feet to said easterly right -of -way line of C.S.A.H. No. 23; thence southwesterly <br />along said line 165 feet to the point of beginning. Except the north 77 feet of the <br />east 62 feet thereof. Subject to easements, conditions, or restrictions of record. <br />NOW, THEREFORE, in consideration of the mutual promises of the parties made <br />herein, <br />MuellerPerformAgmt page 1 of 10 <br />