7.3. SR 06-18-2012 - Laserfiche WebLink

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AMENDMENT N0.3 to ELK PARK CENTER PLANNED UNIT DEVELOPMENT AGREEMENT CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA THIS AMENDMENT NO. 3 is made as of the day of June, 2012, by and between the CITY OF ELK RIVER, Sherburne County, Minnesota (the City), and a Minnesota Corporation. WITNESSETH: WHEREAS, on May 4, 1994, the Ciry of Elk River and Elk Park Center Limited Partnership hereto entered into Elk Park Center Planned Unit Development Agreement; and WHEREAS, on June 21, 1999, the Elk River Ciry Council approved an amendment to allow a 6,372 square foot retail addition to the north end of Building A and anchor tenant wall signage for Office Max; and WHEREAS, on January 18, 2011, the Elk River City Council approved an amendment to allow 2,560 total square feet of signage for three tenants: Tenant One shall be permitted 300 square feet, Tenant Two shall be permitted 1,660 square feet, and Tenant Three shall be allowed 600 square feet. WHEREAS, on June 18, 2012, the Elk River City Council approved an amendment to allow Pawn Shops within the shopping center as a Conditional Use and with siting restrictions: NOW, THEREFORE, it is hereby agreed by and between the parties here as follows: 1.) The Elk Park Center Planned Unit Development Agreement is hereby amended to add the following to Section 3, subsection (02): Conditional uses of the agreement: Pawn shops, provided they maintain a 250-foot setback from residentially-used property and a 500-foot setback from schools, parks, day care centers, churches and other pawnshops, measured from the property line. 2.) The words, phrases, terms, and conditions used herein shall be interpreted the same as those used in the Elk Park Center Planned Unit Development Agreement. 3.) All other terms and conditions of the Elk Park Center 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.