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DEVELOPMENT AGREEMENT <br />and <br />PLANNED UNIT DEVELOPMENT AGREEMENT <br />NorthPointe 3rd Addition <br />THIS AGREEMENT is made this day of , 2015, by and between the <br />City of Lino Lakes, a Minnesota municipal corporation, and Tony Emmerich Construction, Inc., a <br />Minnesota corporation, referred to as "Developer". <br />1. Subdivision. Developer received preliminary plat approval from the City by Resolution <br />No. 14-21. Developer is requesting approval for a final plat known as NorthPointe 3' <br />Addition ("Subdivision") as legally described in Attachment A. Unless otherwise stated, all <br />terms and conditions of this Agreement relate to work within the Subdivision. <br />2. Final Plat Approval. The City's approval of the final plat is contingent upon execution <br />and delivery of this agreement and all required petitions, bonds, security, and <br />documents, and satisfaction of all conditions of approval required by Resolution No. 15- <br />86. <br />3. Phased Development. The City may refuse to approve final plats of subsequent additions <br />of the plat if the Developer has breached this Agreement and the breach has not been <br />remedied. Development of subsequent phases may not proceed until Development <br />Agreements for such phases are approved by the City. <br />4. Developer Plans. <br />a. The Subdivision shall be developed in accordance with the following Developer <br />Plans, original copies of which are on file with the City Engineer. The Developer <br />Plans may be prepared and revised after entering into this Agreement but must <br />be completed and approved by the City before commencement of any work. If <br />the plans vary from the written terms of this Agreement, this Agreement shall <br />control. <br />b. The Developer Plans as of the date of this Agreement are: <br />i. NorthPointe 3rd Addition plan set containing 14 sheets, prepared by <br />Carlson McCain Inc., dated June 22, 2015, received June 25, 2015. <br />5. Permits. The Developer shall be responsible for securing all site grading and <br />development approvals and permits from all appropriate Federal, State, Regional and <br />