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� <br /> �a �rs��%� <br /> (Reserved for RecordingJ <br /> A��'+�E+l�l�d� <br /> T'HIS AGREEMENT ("Agreement"),made and entered into this 13�' da.y 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"City"). <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 Cou.nty, 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 /> tu Clran� Cit-y�aa.r�cil iiesolutio�:,EJI and recorded a�Fier.nepiu County doc,unent nwnber <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 tYus 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 Subj ect Property; <br /> WHEREAS,the City has agreed to allow the Properiy 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 />