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Z <br />AMENDMENT NO. 5 <br />TO <br />ELK RIVER CROSSING <br />PLANNED UNIT DEVELOPMENT AGREEMENT <br />CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA <br />THIS AMENDMENT NO. 5 is made as of the 15~ day of September, 2008, by and between the <br />CITY OF ELK RIVER, Sherburne County, Minnesota (the City), and STM Development. <br />WITNESSETH: <br />WHEREAS, 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 />WHEREAS, on March 19, 2001, the Elk River City Council approved an amendment to <br />allow afeee-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-Fill site only; and <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 />WHEREAS, on June 20, 2005, the Elk River City Council approved an amendment to allow <br />wall signs on the north and south elevations for the interior tenants, three wall signs for the end cap <br />tenants and no freestanding sign. <br />WHEREAS, on September 15, 2008, the Elk River City Council approved an amendment to <br />allow signage on the north side of the retail building (Dollar Tree) that is attached to the Home <br />Depot, as illustrated on the drawings dated July 24, 2008 (attached). <br />NOW, THEREFORE, it is hereby agreed by and between the parties here as follows <br />Page 255 of 304