5.4. SR 09-20-2010 - Laserfiche WebLink

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AMENDMENT N0.4 to HILLSIDE CROSSING II PLANNED UNIT DEVELOPMENT AGREEMENT CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA THIS AMENDMENT NO. 4 is made as of the day of , 2010, by and between the CITY OF ELK RIVER, Sherburne County, Minnesota (the City), and Phoenix Enterprises, LLC. WITNESSETH: WHEREAS, on May 6, 1996, the City of Elk River and Elk River Development Corporation hereto entered into Hillside Crossing II Planned Unit Development Agreement; and WHEREAS, during 1999, the Elk River City Council approved the further subdivisions of the Property, said subdivision known as Northbound Crossing ;and WHEREAS, Phoenix Enterprises, LLC. owns Lots 1, Block 1 of Northbound Crossing; and WHEREAS, on September 20, 2010, the Elk River City Council approved an amendment to allow Institutional Uses as an Interim Use in the Northbound Crossing subdivision. NOW, THEREFORE, it is hereby agreed by and between the parties here as follows: 1.) The Hillside Crossing II Planned Unit Development Agreement is hereby amended to allow an Institutional use as an interim use on the property described as Northbound Crossing 2.) The words, phrases, terms, and conditions used herein shall be interpreted the same as those used in the Hillside Crossing II . 3.) All other terms and conditions of the Hillside Crossing II Planned Unit Development Agreement, as amended, shall remain in full force and effect and shall be binding upon the parties hereto, except to the extent clearly inconsistent with the terms and conditions of this Amendment No. 3. IN WITNESS WHEREOF, the parties have caused this Amendment No. 4 to be duly executed in their names and on their behalf on or as of the date first above written. ATTEST: CITY OF ELK RIVER Tina Allard Its: City Clerk PROPERTY OWNER: Phoenix Enterprises, LLC Stephanie Klinzing Its: Mayor By: