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FILE COPY <br />CLARIFICATION OF <br />PLANNED UNIT DEVELOPMENT AGREEMENT <br />This Clarification of Planned Unit Development <br />Agreement is made and entered into this day of <br />, 1989, between the CITY OF LITTLE CANADA, <br />a Municipal corporation of the State of Minnesota, <br />hereinafter called the "City ", and MINNESOTA MINI - STORAGE <br />II, a Minnesota general partnership, and MINNESOTA <br />MINI - STORAGE, a Minnesota partnership, hereinafter jointly <br />called "Owner ". <br />RECITALS: <br />1. Owner is the current owner of the real property <br />and improvements located thereon located in the City of <br />Little Canada, Minnesota, and legally described in Exhibit A <br />hereto attached ( "Premises "). <br />2. The City and a previous owner of the Premises, <br />Tex -Sota Construction, Inc., entered into a Planned Unit <br />Development Agreement dated May 19, 1983 ( "PUD ") affecting <br />the Premises. <br />3. The PUD was recorded as Document No. 2179690 with <br />the County Recorder's office for Ramsey County, Minnesota on <br />May 31, 1983. <br />4. The parties hereto wish to clarify the meaning <br />regarding the provisions found under the general heading <br />"Subdivision Requirements" of the PUD. <br />NOW, THEREFORE, in consideration of the foregoing and <br />on the terms and conditions hereafter set forth, the parties <br />agree as follows: <br />1. Nothing in the PUD and more particularly under the <br />general heading "Subdivision Requirements" found on page 2 <br />of the PUD shall require the approval or consent of the City <br />to a sale, transfer, or the encumbering of the entire <br />Premises. It is understood that City approval is only <br />required in the case of a sale, transfer or encumbrance of <br />less than all of the Premises by Owner, its successors and <br />assigns, to a third party. <br />2. All of the remaining terms of the PUD, except as <br />clarified herein, shall continue to remain in full force and <br />effect. <br />Pa nn 1117 <br />