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CITY OF ORONO <br />HENNEPIN COUNTY, MINESOTA <br />PLANNED UNIT DEVELOPMENT NO. 3A 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 into this day of <br />2004, by and between the City of Orono, a municipal corporation organized and existing <br />under the laws of the State of Mimiesota (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. office building on <br />property located at 2765 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 Plaruied 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 Office Building per Resolution No.____, including approval of design <br />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 Plamicd Unit Development No. 3A Agreement for <br />Berkshire Properties. Office Building applies to the following described property <br />located in Hennepin County, Minnesota: <br />Page 1 of 10 <br />_____-