3.0. SR 05-18-1998 - Laserfiche WebLink

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5873- AMENDMENT NO. 2 tO ELK RIVER PLAZA DEVELOPMENT AGREEMENT CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA THIS AMENDMENT NO. 2 is made as of the 16thday of ~x~x-Sn9 March, 1987, by and between the CITY OF ELK RIVER, Sherburne County, Minnesota (the City), and ELK RIVER SHOPPING CENTER COMPANY, a Minnesota partnership, Ninth Avenue Northeast and Mississippi River Boulevard, Minneapolis, Minnesota 55413; and BARTHEL CONSTRUCTION, INC., 21370 John Milless Drive, Rogers, Minnesota 55374; and KENNETH A. BARTHEL, 21370 John Milless Drive, Rogers, Minnesota 55374 (collectively, the Developers). W I T N E S S E T H: WHEREAS, on December 24, 1984, the parties hereto entered into Elk River Plaza Planned Development Agreement; and WHEREAS, during 1985, the Elk River City Council approved the further subdivisions of the Property, said subdivision known as Elk River Plaza Second Addition and Presidential Estates; and WHEREAS, on October 6, 1986, the Elk River City Council approved an amendment to permit the substitution of an office building for sixty (60) units of multi-family housing on Lot 3, Block 1, Elk River Plaza Second Addition; and WHEREAS, on March 16 , 1987, the City Council appr'oved an expansion of the Elk River Plaza Shopping Center, as originally authorized; NOW, THEREFORE, it is hereby agreed by and between the parties here as follows: 1.) The Elk River Plaza Planned Development Agreement is hereby amended to allow the construction of a maximum sixteen thousand (16,000) square foot single-story office/retail building with twenty percent (20%) green area, excluding the following uses: (01) All-night convenience stores; (02) Gas service stations;