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V � . <br /> � , i • . <br /> �� �57��, <br /> (Reserved for Recordin� <br /> A��''��+l�lerT� <br /> THIS AGREEMENT ("Agreement"),made and entered into this 13th day of January, 2009, <br /> by Highmark Builders,Inc. ("Developer") and LMG Partners,LLC ("Property Owner") <br /> (hereinafter Developer and Properiy Owner collectively refened to a.s "Applicants") and the City of <br /> Orono, a Minnesota municipal corporation(hereinafter referred to as the"Cit�'). <br /> WITNESSETH: <br /> W�iEREAS,Applicants have made application to the City for a variance to Municipal <br /> Zoning Code Section 78-1288, 78-1282, and 78-330 for property located at 4205 North Shore <br /> Drive,within the City of Orono, Hennepin Couniy, State of Minnesota, such property legally <br /> described as: <br /> See "Exhibit A" attached for legal description; <br /> (hereinafter referred to as "Subject Property"); and <br /> WHEREAS, the Property Owner has received a variance for the Subject Property pursuant <br /> t� v�ono City Ca•ai�cil Itesolutior�:,50i and r�car�e3 a�Her�ne�iii County d�c,nnent number <br /> 4464906; <br /> WHEREAS, as a condition of the variance, the Property Owner was limited to 35 square <br /> feet of hardcover within the 0-75 foot zone. As a result of this requirement the Property Owner was <br /> required to remove a 117 square foot shed that is currently located within the 0-75 foot zone; <br /> WHEREAS, Property Owner desires to keep the shed located within the 0-75 foot zone on <br /> the Subject Property; <br /> WHEREAS, the City has agreed to allow the Property Owner to keep the shed occupying <br /> 117 square feet of hardcover located within the 0-75 foot zone based on the following: <br /> 140991 <br />