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r <br />CITY OF ORONO <br />HENNEPIN COUNTY, MINESOTA <br />PLANNED UNIT DEVELOPMENT NO. 4 AGREEMENT <br />FOR ORONO PROFESSIONAL CENTER II <br />TO BE LOCATED AT 2745 KELLEY PARKWAY <br />DEVELOPER: BERKSHIRE PROPERTIES <br />THIS AGREEMENT, made and entered imo this___day of <br />20C4, by and between the City of Orono, a municipal corporation organized and existing <br />under the laws of the State of Minnesota (hereinafter called “City ”), and Berkshire <br />Properties, Inc., a Minnesota Corporation, its heirs, successors and assigns (hereinafter <br />called “Developer”). <br />WITNESSETH: <br />WHEREAS, the Developer has made application to the City Council for approval <br />of a commercial site plan review under a PUD zoning that was approved under Planned <br />Unit Development No. 3, for the purpose of developing a 36,000 s.f medical office <br />building on property located at 276S Kelley Parkway; and <br />WHEREAS, the Developer for 2745 Kelley Parkway is required to enter into this <br />agreement to provide for conformance with the City ’s Planned Unit Development (PUD) <br />ordinances and Plaimed Unit Development Agreement No. 3, and to provide for the <br />installation and maintenance of improvements associated with the development; and <br />WHEREAS, on March 8, 2004 the City Council granted Commercial Site Plan <br />Approval for the Medical Office Building per ^solution No.____, including approval <br />of design and site plans and establishing final approval conditions. <br />NOW, THEREFORE, in consideration of the premises, and of the actual <br />promises and conditions hereinafter contained, it is hereby agreed as follows; <br />A. General Terms and Conditions <br />1.Property Description. This Planned Unit Development No. 4 Agreement for <br />Berkshire Properties. Medical Office Building applies to the followrg described <br />property located in Hennepin County, Minnesota: <br />Page 1 of 10 <br />I I