HomeMy WebLinkAbout2025-009CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO.2025-009
A RESOL UTION APPRO VING THE FIFTH AMENDMENT TO THE DEVELOPMENT
AGREEMENT FOR DEVELOPMENT OF THE CROSSROADS EAST FIRST ADDITION
SUBDIVISION
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 No. 2022-076 on August 3,
2022 approving the Second Amendment to Development Agreement (the "Second Amendment");
and
WHEREAS, the Second Amendment provided the Developer with 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 allowed the Developer to obtain building permits for
its building tenants provided that public improvements were completed no later than September
30, 2022; and
LA515\93\999713.J2
WHEREAS, the Lake Elmo City Council adopted Resolution No. 2022-091 on October
18, 2022 approving the Fourth Amendment to Development Agreement (the "Fourth
Amendment"); and
WHEREAS, the Fourth Amendment moved the deadline for a shortened list of public
improvements to December 31, 2022 in exchange for the erection by the Developer of a 6-foot-
tall opaque fence on the top of the screening berm running along the northern lot line within the
same deadline; and
WHEREAS, the Developer has requested an additional amendment to the Development
Agreement that would amend the landscaping security reductions in section 32 of the Development
Agreement so that they would be the same as the City's current standard reductions as it relates to
the warranty period; and
NOW, THEREFORE, based on the infoirnation received, the City Council of the City of
Lake Elmo does hereby approve the Fifth Amendment to Development Agreement for Crossroads
East First Addition and authorizes the Mayor and City Clerk to execute the Fifth Amendment.
Passed and duly adopted this 21" day of January 2025 by the City Council of the City of Lake
Elmo, Minnesota.
AT ST:
3uli Jo son, ity Ierk
Jeff H Itf A ing Mayor
IWAXIF VAMIiyikM