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1 �- �/ <br /> . , � . <br /> i � <br /> . � <br /> �� ����� <br /> (Reserved for Recordin� <br /> E�ri�'��.��.+�� <br /> THIS AGREEMENT ("Agreement"),made and entered into this 13�'day of January, 2009, <br /> by Highmark Builders,Inc. ("Developer") and LMG Partners,LLC ("Property Owner") <br /> (hereinafter Developer and Property Owner collectively referred to as"Applicants") and the City of ' <br /> Orono, a Minnesota municipal corporation(hereinafter referred to as the"Cit�'). <br /> WITNESSETH: <br /> WHEREAS,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 County, State of Minnesota, such property legally <br /> described as: <br /> See"Exhibit A"attached for legal description; <br /> (hereinafter referred to a.s "Subject Propert�'); and <br /> WHEREAS,the Property Owner has received a variance for the Subject Property pursuant <br /> to :J�ono City Co•ar��il�esolution�601 and recordted as Her.nepin County doc;.�ment 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 />