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HomeMy WebLinkAbout2022-091CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2022-091 A RESOLUTION APPROVING THE FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR DEVELOPMENT OF THE CROSSROADS EAST FIRST ADDITION. WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Airlake Development Inc, and Crossroads East, LLC (together the "Developer") previously submitted an application to the City of Lake Elmo (the "City") for a final plat for Crossroads East First Addition; and WHEREAS, the Lake Elmo City Council adopted Resolution No. 2021-115 on November 3, 2021 approving the final plat for Crossroads East First Addition; and WHEREAS, the Lake Elmo City Council adopted Resolution No.2021-134 on December 7, 2021, approving the Development Agreement for Crossroads East First Addition; and WHEREAS, the Lake Elmo City Council adopted Resolution No. 2022-034 on April 5, 2022 approving the First Amendment to Development Agreement (the "First Amendment"); and WHEREAS, the First Amendment authorized Developer to proceed with vertical construction of the buildings on the Property prior to completion of the public Subdivision Improvements provided that the public Subdivision Improvements were completed on an agreed - upon schedule; and WHEREAS, The Lake Elmo City Council adopted Resolution 2022-076 on August 3, 2022 approving the Second Amendment to Development Agreement (the "Second Amendment"); and WHEREAS, the Second Amendment authorized Developer an extension of time to complete Public Improvements providing certain restrictions were placed on tenant improvements; and WHEREAS, the Lake Elmo City Council adopted Resolution 2022-078 on August 16, 2022 approving the Third Amendment to Development Agreement (the "Third Amendment"), and WHEREAS, the Third Amendment authorized Developer to obtain building permits for tenants provided that Public Improvements are complete no later than September 30, 2022; and WHEREAS, Developer and City have agreed to further amend the Development Agreement to move the deadline for a shortened list of Public Improvements to December 31, 2022 in exchange for erection of a 6-foot opaque fence on the top of the screening berm running along the northern lot line by the same deadline; and NOW, THEREFORE, based on the information received, the City Council of the City of Lake Elmo does hereby approve the Fourth Amendment to Development Agreement for Crossroads East First Addition and authorizes the Mayor and City Clerk to execute the Fourth Amendment. Passed and duly adopted this (q� day of October 2022 by the City Council of the City of Lake Elmo, Minnesota Charles Cadenhead, Mayor ATT Julie o so ty Clerk