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t <br />AMENDMENT N0.3 <br />to <br />ELK RNER CROSSING <br />PLANNED UNIT DEVELOPMENT AGREEMENT <br />CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA <br />d <br />THIS AMENDMENT N0.3 is made as of the ~~ Rday of ~~Q~~~-s2~~~200 , by and between <br />the CTI'Y OF ELK RIVER, Sherburne County, Minnesota (the City), and Associated Investors of <br />Elk River, Inc./Fischer Sand & Aggregate, LLp. <br />WITNESSETH: <br />V~/I-iEREAS, on December 21, 1999, the City of Elk River and Elk River Associated <br />Investors, Inc. hereto entered into the Elk River Crossing Planned Unit Development Agreement; <br />which agreement was amended by Amendment No. 1 effective February 20, 2001; <br />WI~REAS, on March 19, 2001, the Elk River City Council approved an amendment to <br />allow afree-standing monument sign for Jiffy Lube also located on Lot 1, Block 1, Elk River <br />Crossing 2nd Addition; and <br />WHEREAS, on August 18, 2003, the Elk River City Council approved an amendment to <br />allow two additional wall signs, two additional canopy signs, and an illuminated canopy for the Wash- <br />N-Fih site onl„ wnd <br />WHEREAS, on November 1, 2004, the Elk River City Council approved an amendment to <br />allow an additional five acres into the Planned Unit Development for the construction of a furniture <br />store. <br />NOW, THEREFORE, it is hereby agreed by and between the parties here as follows <br />1.) The Elk River Crossing Planned Unit Development Agreement is hereby amended <br />to allow an additional five acres. into the Planned Unit Development for the construction of a <br />furniture store. <br />S:\PLANNING\Agreements\ER Cross PUD Amend 3.doc <br />Page 247 of 304