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1.) The Elk River Crossing Planned Unit Development Agreement is hereby amended <br />to 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 />2.) The words, phrases, terms, and conditions used herein shall be interpreted the same <br />as those used in the Elk River Crossing Planned Unit Development Agreement. <br />3.) All other terms and conditions of the Elk River Crossing Planned Unit <br />Development Agreement, as amended, shall remain in full force and effect and shall be binding upon <br />the parties hereto, except to the extent clearly inconsistent with the terms and conditions of this <br />Amendment No. 5. <br />IN WITNESS WHEREOF, the parties have caused this Amendment No. 5 to be duly <br />executed in their names and on their behalf on or as of the date first above written. <br />ATTEST: <br />Lori Johnson <br />Its: City Administrator <br />CITY OF ELK RIVER <br />Steph ie Klinzing <br />Its: Mayor <br />DEVELOPER: <br />STATE OF MINNESOTA ) <br />ss. <br />COUNTY OF SHERBURNE <br />OWNER: <br />I <br />e~ <br />Maurice Frank Children's Trust <br />1625 Virginia Avenue South <br />Spring Lake Park, MN 55426 <br />pT e foregoing instrument was acknowledged before me this ~ day of <br />l'.~f"0 ~j(r',l/' 2008, by Stephanie Klinzing and Lori Johnson, the <br />Administrator, respectively, for the City of Elk River, Minnesota. <br />DEBORAH KAY HUEBNER <br />NOTARY PL~1.IC - MINNES07A <br />F.xp~es Jan. 31, 2010 <br />Mayor and City <br />j ~^" <br />V <br />4 ~~'~~ <br />r ° <br />Notary Public <br />S:\PLANNING MAIN\Case Files\CUP\CU 08-18 Anchor Sign-Dollar Tree\ER Cross PUD Amend 5.doc <br />Page 256 of 304