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<br />. <br /> <br />AMENDMENT NO.1 <br />to <br />ELK PARK CENTER <br />PLANNED UNIT DEVELOPMENT AGREEMENT <br />CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA <br /> <br />THIS AMENDMENT NO. 1 is made as of the _ day of , 1999, by <br />and between the CITY OF ELK RIVER, Sherburne County, Minnesota (the City), <br />and OPPIDAN, INC., a Minnesota Corporation. <br /> <br />WIT N E SSE T H: <br /> <br />WHEREAS, on May 4, 1994, the City of Elk River Elk Park Center Limited <br />Partnership hereto entered into Elk Park Center Planned Unit Development <br />Agreement; and <br /> <br />WHEREAS, Oppidan, Inc. has purchased Lot 1, Block 3 of Elk Park Center; <br /> <br />and <br /> <br />WHEREAS, on April 19, 1999, the Elk River City Council approved an <br />amendment (Exhibit G) to allow non back lit awning signs on the north and west <br />. sides of the portion of the building occupied by Leeann Chin Restaurant. <br /> <br />NOW, THEREFORE, it is hereby agreed by and between the parties here as <br />follows: <br /> <br />1.) The Elk Park Center Planned Unit Development Agreement (Exhibit <br />G) is hereby amended to allow non back lit awning signs on the north and west sides <br />of the portion of the building occupied by Leeann Chin Restaurant. <br /> <br />2.) The words, phrases, terms, and conditions used herein shall be <br />interpreted the same as those used in the Elk Park Center Planned Unit <br />Development Agreement. <br /> <br />3.) All other terms and conditions of the Elk Park Center Planned Unit <br />Development Agreement, as amended, shall remain in full force and effect and shall <br />be binding upon the parties hereto, except to the extent clearly inconsistent with the <br />terms and conditions of this Amendment No. 1. <br /> <br />IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to <br />be duly executed in their names and on their behalf on or as of the date first above <br />written. <br /> <br />. <br />