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WHEREAS, the Lake Elmo City Council adopted Resolution No. 2022-091 on October <br />18, 2022 approving the Fourth Amendment to Development Agreement (the "Fourth <br />Amendment"); and <br />WHEREAS, the Fourth Amendment moved the deadline for a shortened list of public <br />improvements to December 31, 2022 in exchange for the erection by the Developer of a 6-foot- <br />tall opaque fence on the top of the screening berm running along the northern lot line within the <br />same deadline; and <br />WHEREAS, the Developer has requested an additional amendment to the Development <br />Agreement that would amend the landscaping security reductions in section 32 of the Development <br />Agreement so that they would be the same as the City's current standard reductions as it relates to <br />the warranty period; and <br />NOW, THEREFORE, based on the infoirnation received, the City Council of the City of <br />Lake Elmo does hereby approve the Fifth Amendment to Development Agreement for Crossroads <br />East First Addition and authorizes the Mayor and City Clerk to execute the Fifth Amendment. <br />Passed and duly adopted this 21" day of January 2025 by the City Council of the City of Lake <br />Elmo, Minnesota. <br />AT ST: <br />3uli Jo son, ity Ierk <br />Jeff H Itf A ing Mayor <br />IWAXIF VAMIiyikM <br />