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<br />. <br /> <br />. <br /> <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 BRADLEY REAL ESTATE, 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, Bradley Real Estate, Inc. has purchased Lot 1, Block 1 of Elk <br />Park Center 4th Addition, and Lot 2, Block 4, Elk Park Center; and <br /> <br />WHEREAS, on June 21, 1999, the Elk River City Council approved an <br />amendment (Exhibit G) to allow a 6,372 square foot retail addition to the north end <br />of Building A and anchor tenant wall signage for Office Max. <br /> <br />NOW, THEREFORE, it is hereby agreed by and between the parties here as <br />follows: <br />1.) The Elk Park Center Planned Unit Development Agreement is hereby <br />amended to allow a 6,372 square foot retail addition to the north end of Building A, <br />Lot 1, Block 1, Elk Park Center 4th Addition, and the elimination of future Building <br />D, Lot 2, Block 4, Elk Park Center and anchor tenant signage for Office Max as <br />shown on Attachment A. <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 />