HomeMy WebLinkAboutPUD 1 - Amendment 1 East Willow WoodsCITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AMENDMENT NUMBER 1 TO
PLANNED UNIT DEVELOPMENT NO. I AGREEMENT FOR
East Willow Woods
Clifford L. Otten. Developer
THIS AGREEMENT, Made and entered in this %;C tr day of1998,
by and between the City of Orono, a municipal corporation organized under the laws of the State
of Minnesota (hereinafter called "City") and Clifford Otten, his heirs, successors and assigns
(hereinafter called "Developer").
WITNESSETH:
WHEREAS, the Developer entered into an Agreement dated April 23, 1990 (hereinafter
called "Agreement") to develop East Willow Woods as a Planned Unit Development on all the
terms and conditions set forth in that certain Agreement; and
WHEREAS, the Developer has requested an Amendment to the Agreement (hereinafter
"Amendment I") to allow for construction of a greenhouse addition adjacent to the existing
principal structure and has requested to move the existing canopy: and
WHEREAS, the Developer has requested that such Amendment 1 further allow for
construction of a loading dock within Outlot C, East Willow Woods; and
WHEREAS, the Developer has requested that such Amendment 1 further allow the
entrance monuments constructed within Lots 1 and 2 East Willow Woods at the site entrance from
Highway 12 to remain as constructed; and
WHEREAS, the City Council has granted approval for such Amendment 1, after a public
hearing and consideration and recommendation by the Planning Commission,
NOW, THEREFORE, in consideration of the premises, and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
Property description: Property description for Amendment 1 is the same as that for the
Agreement.
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2. Zoning: Property continues to be zoned as a Planned Unit Development under the
Orono planned unit development ordinance with underlying B-6 zoning.
3. Permitted Uses: Amendment 1 allows the greenhouse addition, relocated canopy and
entrance monuments as shown on attached Exhibit A. In order to minimize lighting
impacts outside the property, greenhouse shall not have production lighting.
4. Conditionally Permitted Use: Amendment 1 allows the loading dock in the location
shown on attached Exhibit A to remain in place and used until such time as the City
determines that the road easement on which it is situated shall be opened. If the City
then requires that the loading dock be removed, Developer shall do so at Developer's
expense.
5. Site Access: Site access remains unchanged from the Agreement.
6. Buildin2 Design and Construction: Building design and construction of the
greenhouse and relocated canopy in Amendment 1 shall be constructed according to
the plans on file with the City of Orono.
7. Height: The height of the greenhouse shall be 18 feet. The height of the canopy shall
be feet.
8. Signs: The signs and signage shall not be changed from the requirements of the
Agreement.
9. Compliance: The obligations of compliance in the Agreement are extended to include
this Amendment 1.
10. BindingEffect: ffect: The binding effect of the Agreement is extended to include this
Amendment 1.
11. Notices: The notice provisions of the Agreement are extended to include this
Amendment 1.
12. Incorporation by Reference: The plans, specifications and contracts for the
improvements in the Agreement and for this Amendment 1 are made part of this
Amendment 1.
13. Disclaimer by City- The Disclaimer in the Agreement is extended to this
Amendment 1.
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14. Hold Harmless and Indemnification: The Hold Harmless and Indemnification of the
Agreemcnt is extended to this Amendment 1.
15. Remedy for Default: The Remedy for default in the Agreement is extended to this
Amendment 1.
16. Controlling Agreement: The terms ofthis Amendment 1 will first control its reading,
and it shall be read together with the terms of the Agreement. These two documents
shal 1 control to the extent that there is any difference or ambiguity between them and
other agreements between the City and the Developer.
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IN WITNESS WHEREOF, the City and Developer have caused this agreement to
be duly executed and to become effective on the day and year first above written.
In Presence of -
Reviewed for Administration:
Dated:
STATE OF MINNESOTA )
)Ss
COUNTY OF HENNEPIN )
CITY OF ORONO
(City Clerk)
The foregoing instrument was acknowledged before me this c r day. of
1998, by Clifford L. Otten.
Notary Public •�
--
�,�,��. ,;AMIE L. GEMAR
1;
NOTARY PUBLIC MINNESOTA
• HENNEPIN COUNTY
�� �•�''• My Commission Expires Jan. 31, 2000
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STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
1998 by Gabriel Jabbour, Mayor, and Linda S. Vee, City Clerk, of
the City of Orono, a Minnesota municipal corporation, on behalf of the corporation.
Not Public
GEMAR
-MINNESOTA
fi:ml
COUNTYires Jan. 31, 2000
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