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<br />. <br /> <br />. <br /> <br />. <br /> <br />than 32" high; lower case letters shall be no larger than 24" high. <br />Letters shall extend no closer than 3'-4' from projected lease line. <br /> <br />2.) It is further a condition of approval of the authorized development that the <br />same shall be completed in conformance with the attached site plan approved by the <br />Planning Commission and City Council and that all signage and lettering shall be <br />consistent with the approved site plan and as outlined in this amendment. <br /> <br />3.) The words, phrases, terms, and conditions used herein shall be <br />interpreted the same as those used in the Elk River Retail Center Planned Unit <br />Development Agreement. <br /> <br />4.) All other terms and conditions of the Elk River Plaza Planned Unit <br />Development Agreement, as amended, shall remain in full force and effect and shall be <br />binding upon the parties hereto, except to the extent clearly inconsistent with the terms <br />and conditions of this Amendment No.5. <br /> <br />IN WITNESS WHEREOF, the parties have caused this Amendment NO.5 to be <br />duly executed in their names and on their behalf on or as of the date first above written. <br /> <br />ATTEST: <br /> <br />CITY OF ELK RIVER <br /> <br />Patrick D. Klaers <br />Its: City Administrator <br /> <br />Stephanie Klinzing <br />Its: Mayor <br /> <br />DEVELOPER: <br /> <br />ELK RIVER SHOPPING CENTER <br />COMPANY <br /> <br />By: <br /> <br />Its: <br /> <br />By: <br /> <br />Its: <br /> <br />STATE OF MINNESOTA <br /> <br />) <br />) ss. <br /> <br />COUNTY OF SHERBURNE <br /> <br />The foregoing instrument was acknowledged before me this _ day of <br />, 2000, by Stephanie Klinzing and Patrick D. Klaers, the Mayor <br />and City Administrator, respectively, for the City of Elk River, Minnesota. <br /> <br />s: \planning\agreemts \erplaza5.doc <br />