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1 <br />LA515-110-862818.v1 <br />CITY OF LAKE ELMO <br />WASHINGTON COUNTY <br />STATE OF MINNESOTA <br /> <br />RESOLUTION NO. 2024-023 <br /> <br />A RESOLUTION APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT <br />FOR EBERTZ ADDITION <br /> <br /> <br /> WHEREAS, the City of Lake Elmo (the “City”) is a municipal corporation organized and <br />existing under the laws of the State of Minnesota; and <br /> <br /> WHEREAS, the Lake Elmo City Council adopted Resolution No. 2023-046 on May 16, <br />2023 approving the Development Agreement related to the final plat and final PUD plan for <br />EBERTZ Addition; and <br /> <br /> WHEREAS, the executed Development Agreement was recorded on July 6, 2023; and <br /> <br />WHEREAS, Section 23 of the Development Agreement requires all public improvements <br />to be installed and accepted by the City prior to issuance of a Certificate of Occupancy for Lot 1, <br />Block 2; <br /> <br />WHEREAS, construction of the building on Lot 1, Block 2 is nearing completion, but <br />there remains construction of public improvements (a trail), installation of landscaping, and <br />submittal of as-built drawing and acceptance by the City Engineer; and <br /> <br />WHEREAS, the Developer has requested and amendment to the Development Agreement <br />to allow for a temporary 180-day Certificate of Occupancy to occupy the building on Lot 1, Block <br />2 while completing the outstanding public improvements and related items; and <br /> <br /> NOW, THEREFORE, the City Council of the City of Lake Elmo hereby approves the <br />First Amendment to Development Agreement for EBERTZ Addition and authorizes the Mayor <br />and City Clerk to execute it. <br /> <br /> <br />Passed and duly adopted this 20th day of February 2024 by the City Council of the City of Lake <br />Elmo, Minnesota. <br /> <br /> <br /> __________________________________ <br /> Charles Cadenhead, Mayor <br />ATTEST: <br /> <br />________________________________ <br />Julie Johnson, City Clerk