HomeMy WebLinkAboutAmendment #1 to PUD #2BCITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AMENDMENT NUMBER 1 TO
PLANNED UNIT DEVELOPMENT NO, 213 AGREEMENT FOR
ORONO WOODS APARTMENTS
THIS AGREEMENT made and entered in this day of , 20 , by
and between the City of Orono, a municipal corporation organized under the laws of the State of
Minnesota (hereinafter called "City"); and Volunteers of America National Services, (hereinafter the
"Developer").
WITNESSETH:
WHEREAS, in 2001 Orono Senior Housing LLC (hereinafter the "Original Developer")
originally developed the Property. The Original Developer entered into an Agreement dated
November 30, 2001, (hereinafter called "PUD No. 2B Agreement") to develop Orono Woods
Apartments as a Planned Unit Development on all the terms and conditions set forth in the PUD No.
2B Agreement, The Agreement was recorded with the Hennepin County Recorder's Office on
December 4, 2001 as Document No. 3466807.
WHEREAS, the Developer is requesting an Amendment to the PUD No. 2B Agreement
(hereinafter "Amendment No. 1 ") in order to construct a new monument sign and install a wall sign on
the building; and
WHEREAS, the City Council on April 25, 2011 held a public hearing regarding the request,
accepted public comments, considered the recommendations of City staff, and voted 5-0 to approve
the request;
NOW, THEREFORE, in consideration of the premises, and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
1. Property Description: Property description for Amendment No. 1 is the same as that
for the PUD No. 2B Agreement.
2. Zonin :Property continues to be zoned as a Planned Unit Development under the
Orono planned unit development ordinance with underlying RPUD zoning.
3. Signs: The signs and signage permitted by Amendment No. 1 shall be an existing
eastern (Brown Road) entrance monument sign to be re -faced; one new, 48-square foot monument
sign along the south property line (Wayzata Boulevard); and a new 33-square foot building wall sign
under the clock. The existing and new signage may be re -faced in the future consistent with the
existing, approved dimensions. Internal traffic control signage consistent with the PUD No, 2B
Agreement shall continue to be permitted.
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4. Compliance: The obligations of compliance in the HUD No. 21:5 Agreement are
extended to include this Amendment No. 1.
5. Binding Effect: The binding effect of the PUD No. 2B Agreement is extended to
include this Amendment No. 1.
6. Notices: The notice provisions of the PUD No. 2B Agreement are extended to include
this Amendment No. 1. The notice to Developer is hereby amended to reflect current ownership:
Notice to Developer
Ron Patterson, Senior Vice President
Volunteers of America National Services
7530 Market Place Drive
Eden Prairie, MN 55344-3636
7. Incorporation by Reference: The plans, specifications and contracts for the
improvements in the PUD No. 2B Agreement and for this Amendment No. 1 are made part of this
Amendment No. 1.
8. Disclaimer by City: The Disclaimer in the PUD No. 2B Agreement is extended to this
Amendment No. 1.
9. Hold Harmless and Indemnification: The Hold Harmless and Indemnification of the
PUD No, 2B Agreement is extended to this Amendment No. 1.
10. Remedy for Default: The Remedy for default in the PUD No. 2B Agreement is
extended to this Amendment No. 1,
11. Controlling Agreement: The terms of this Amendment No. 1 will first control its
reading, and it shall be read together with the terms %J the PUD No. 26 Agreement. These two
documents shall control to the extent that there is any difference or ambiguity between them and other
agreements between the City and the Developer.
IN WITNESS WHEREOF, the City and Developer have caused this Amendment No. 1 to be
duly executed and to become effective on the day and year first above written.
CITY OF ORONO
L:k . irr..'x ffe�xd
Its Mayor
City Clerk
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STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )1 am as 06
040 a *0 0*0 son
The foregoing instrument was acknowledged before me this day of A6 :::; :
2011 by Lili Tod McMillan and by Linda S. Vee respectively the Mayor and City Clerk of th City of :::: ; • ; ::: :
Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
' , MONICA A. FARNESS
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan, 31, 2012
Reviewed for Administration:
Dated:
Notary Public
DEVELOPER:
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2011, on behalf of the Developer by its
Notary Public
r
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