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CITY OF LAKE ELMO <br />WASHINGTON COUNTY <br />STATE OF MINNESOTA <br />RESOLUTION NO. 2022-091 <br />A RESOLUTION APPROVING THE FOURTH AMENDMENT TO THE DEVELOPMENT <br />AGREEMENT FOR DEVELOPMENT OF THE CROSSROADS EAST FIRST ADDITION. <br />WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under <br />the laws of the State of Minnesota; and <br />WHEREAS, Airlake Development Inc, and Crossroads East, LLC (together the <br />"Developer") previously submitted an application to the City of Lake Elmo (the "City") for a final <br />plat for Crossroads East First Addition; and <br />WHEREAS, the Lake Elmo City Council adopted Resolution No. 2021-115 on November <br />3, 2021 approving the final plat for Crossroads East First Addition; and <br />WHEREAS, the Lake Elmo City Council adopted Resolution No.2021-134 on December <br />7, 2021, approving the Development Agreement for Crossroads East First Addition; and <br />WHEREAS, the Lake Elmo City Council adopted Resolution No. 2022-034 on April 5, <br />2022 approving the First Amendment to Development Agreement (the "First Amendment"); and <br />WHEREAS, the First Amendment authorized Developer to proceed with vertical <br />construction of the buildings on the Property prior to completion of the public Subdivision <br />Improvements provided that the public Subdivision Improvements were completed on an agreed - <br />upon schedule; and <br />WHEREAS, The Lake Elmo City Council adopted Resolution 2022-076 on August 3, 2022 <br />approving the Second Amendment to Development Agreement (the "Second Amendment"); and <br />WHEREAS, the Second Amendment authorized Developer an extension of time to <br />complete Public Improvements providing certain restrictions were placed on tenant <br />improvements; and <br />WHEREAS, the Lake Elmo City Council adopted Resolution 2022-078 on August 16, 2022 <br />approving the Third Amendment to Development Agreement (the "Third Amendment"), and <br />WHEREAS, the Third Amendment authorized Developer to obtain building permits for <br />tenants provided that Public Improvements are complete no later than September 30, 2022; and <br />WHEREAS, Developer and City have agreed to further amend the Development <br />Agreement to move the deadline for a shortened list of Public Improvements to December 31, <br />2022 in exchange for erection of a 6-foot opaque fence on the top of the screening berm running <br />along the northern lot line by the same deadline; and <br />