HomeMy WebLinkAboutPUD 1 - Amendment 2 East Willow WoodsCITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AMENDMENT NUMBER 2 TO
PLANNED UNIT DEVELOPMENT NO. 1 AGREEMENT FOR
East Willow Woods
Clifford L. Otten, Developer
THIS AGREEMENT, Made and entered into this day of , 2003
by and between the City of Orono, a municipal corporation organized under the laws of the State of
Minnesota (hereinafter called "City") and Clifford L. Otten and Louise W. Otten, husband and wife,
their 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 and the City amended the Agreement via an amendment dated
October 12, 1998 (hereinafter called "Amendment No. 1 ") to allow for the construction of entrance
monuments, a loading dock, and a greenhouse addition adjacent to the principal structure; and
WHEREAS, the Developer has requested a further Amendment (hereinafter "Amendment
No. 2") to allow for the construction of an additional greenhouse roof section adjacent to the
principal building and the greenhouse; and
WHEREAS, the City Council has granted approval for such Amendment No. 2, after a
public hearing and consideration and recommendation by the Planning Commission.
NOW, THEREFORE, in consideration of the premises, and of the the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
Property description: Property description for Amendment No. 2 is the same as for the
Agreement.
2. Zoning: Property continues to be zoned as a Planned Unit Development under the Orono
planned unit development ordinance with underlying B-6 zoning.
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3. Permitted uses: Amendment No. 2 allows the greenhouse roof addition as shown on Exhibit
A. In order to minimize lighting impacts outside the property, greenhouse shall not have
production lighting.
4. Site access: Site access remains unchanged from the Agreement.
5. Building Design and Construction: Building design and construction of the greenhouse roof
addition in Amendment No. 2 shall be constructed according to the plans on file with the City
of Orono.
6. Hecht: The height of the greenhouse roof addition shall match the height of the existing
greenhouse roof system adjacent to the addition.
7. Signs: The signs and signage shall not be changed from the requirements of the Agreement.
8. Compliance: The obligations of compliance in the Agreement are extended to include this
Amendment No. 2.
9. Binding Effect: The binding effect of the Agreement is extended to include this Amendment
No. 2.
10. Notices: The notice provisions of the Agreement are extended to include this Amendment
No. 2.
11. Incorporation by Reference: The plans, specifications and contracts for the improvements
in the Agreement and for this Amendment No. 2 are made part of this Amendment No. 2.
12. Disclaimer by City: The Disclaimer in the Agreement is extended to this Amendment
No. 2.
13. Hold Harmless and Indemnification: The Hold Harmless and Indemnification of the
Agreement is extended to this Amendment No. 2.
14. Remedy for Default: The Remedy for Default in the Agreement is extended to this
Amendment No. 2.
15. Controlling Agreement: The terms of this Amendment No. 2 will first control its reading,
and it shall be read together with the terms of the Agreement and Amendment No. 1. These
three documents shall control to the extent that there is any difference or ambiguity between
and among them and other agreements between the City and the Developer.
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IN WITNESS WHEREOF, the City and the Developer have caused this agreement to be
duly executed and to become effective on the day and year first above written.
In Presence of: CITY OF ORONO
PROPERTY OWNERS
if fd L. Otten
r1j,"a"Jise
Reviewed for Administration by:
(Mayor)
BY:(City Clerk)
DEVELOPER
C ' ord L. Otten, Pres' ent of Otten Brothers
Nursery and Landscaping, Inc.
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Dated:
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 13rc �ay of �`c �c % e f- , 2003
by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
641
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ALISSA A. WINTERNHEIMER
NOTARY PUBLIC - MINNESOTA
My Commission Ex,,:-cs kn. 31, 2006
The foregoing instrument was acknowledged before me on this L"tay of 4�yqw,, 2003
by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation d said
instrument was executed on behalf of the City.
BEARBARA G. IL 18
11 �J
11: ily • •- h
W�
Notary Public
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this 5�day of FE8 , 2003
by Clifford L. Otten, husband of Louise W. Otten.
twa{ 1 (((Q1 •,� rM—M
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this -57-j4jay of )7 3 , 2003
by Louise W. Otten, wife of Clifford L. Otten.
�7 • • � '',ram lli. � ���.._�
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this . 9i%— day of Fce , 2003
by Clifford L. Otten, President of Otten Brothers Nursery and Landscaping, Inc., a Minnesota
corporation, on behalf of the corporation.
NOTARY PUBW - MINNESOTA Notary Public
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