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~ENDMENT NO. 3 <br /> tO <br />ELK RIVER PLAZA DEVELOPMENT AGREE~IENT <br />CITY OF ELK RIVER, SHEKBURNE COUNTY, MINNESOTA <br /> <br />THIS AMENDMENT NO. 3 is made effective the21st day of <br /> <br />September , 1987, b~ and between the CITY OF ELK RIVER, <br /> <br />Sherburne County, Minnesota (the City), and ELK RIVER SHOPPING <br /> <br />CENTER COMPANY, a Minnesota partnership, Ninth Avenue Northeast <br /> <br />and Mississippi River Boulevard, Minneapolis, Minnesota 55413; <br /> <br />and BARTHEL CONSTRUCTION, INC., 21370 John Milless Drive, <br /> <br />Rogers, Minnesota 55374; and KENNETH A. BARTHEL, 21370 John <br /> <br />Milless Drive, Rogers, Minnesota 55374 (collectively, the <br /> <br />Developers). <br /> <br />W I TN E S S E TH: <br /> <br /> WHEREAS, on December 24, 1984, the parties hereto entered <br />into Elk River Plaza Planned Development.Agreement, which <br />agreement was amended by Amendment No. 1 effective December 31, <br />1985, and by Amendment No. 2, effective ~March 1~ 1987; and <br /> <br /> WHEREAS, the City Council on September 21, 1987, approved <br />the Replat of Lot 3, Block 1 of'Elk River Plaza, Second <br />Addition as Elk River Plaza, Third Addition. <br /> <br /> WHEREAS, on September 21, 1987, the Elk River City Council <br />approved an amendment to the Elk River Plaza Planned <br />Development Agreement to permit the development of Elk River <br />Plaza Third Addition by the placement of the following <br />improvements on the property: a 2,900 square foot <br />office/retail building on Lot 1, Block 1, Elk River Plaza Third <br />Addition; the placement of a 15,000 square foot retail building <br />on Lot 2, Block 1, Elk River Plaza Third Addition, and the <br />placement of a 3,200 square foot car wash building on Lot 3, <br />Block 1, Elk River Plaza Third Addition; and <br /> <br /> NOW, THEREFORE, it is hereby agreed by and between the <br />parties hereto as follows: <br /> <br /> 1.) The Elk River Plaza Planned Development Agreement is <br />hereby amended to allow the construction of the following <br />improvements: <br /> <br /> <br />