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Thomas Lk Cntr 2nd AmendTHE SECOND AMENDMENT TO BLACKHAWK PARK PLANNED DEVELOPMENT LOT 5, BLOCK 1, THOMAS LAKE CENTER ADDITION THIS SECOND AMENDMENT TO FINAL PLANNED DEVELOPMENT AGREEMENT ( "Agreement "), is made this 4`h day of May, 2004, by and between the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter the "City ") and YOCUM OIL. COMPANY, INC., a Minnesota Corporation , (hereinafter referred to as the "Owner ") (the "City" and "Owner" are collectively referred to as the "Parties "). WHEREAS, the City Council of the City is the official governing body of the City of Eagan; and WHEREAS, the Owner possesses fee title to Lot 5, Block 1, Thomas Lake Center Addition, hereinafter referred to as "the Property"; and WHEREAS, the development and use of the Property is governed by a Final Planned Development Agreement, which was subsequently amended by the City; and WHEREAS, the Final Planned Development Agreement runs with the land until terminated and is binding upon the successors and assigns of the original owner and developer; and WHEREAS, the Advisory Planning Commission of the City did hold a public hearing on April 27, 2004, and recommend approval of a second amendment to the Final Planned Development Agreement; and WHEREAS, the City Council of the City did review and approve the proposed amendment on May 4, 2004; and WHEREAS, the Parties hereby acknowledge that this Agreement and the Exhibits attached hereto constitute the Second Amendment to the Final Planned Development Agreement for the Property. NOW, THEREFORE, it is hereby agreed to and between the Parties hereto as follows: 1. This Agreement applies only to outdoor display for that portion of the Property, that is shown and depicted on Exhibit "A" attached hereto. A full size copy of the Exhibit is on file with the City's Community Development Department. 2. The outdoor display shall be subject to the following terms and conditions: a. This Amendment to the Planned Development Agreement shall be executed and recorded against the Property. b. The display area is limited to 60 square feet. The display area shall not extend more than five feet from the principal building and shall not exceed four feet in height. d. The location of the display area is limited to the area designated on the site plan. No items for display or storage area allowed at the gas pumps. £ The items for display are limited to firewood, windshield washer fluid, water softener salt, propane, mulch and sidewalk ice melt. This Agreement is intended to supplement and amend the Final Planned Development Agreement covering the Property. 4. This Agreement shall be executed and recorded against the Property at Dakota County. 5. This Agreement shall run with the land until terminated and shall be binding upon the successors and assigns of the Owner. 6. All other terms and conditions of the Final Planned Development Agreement and First Amendment, unless amended by this Agreement, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the date and year first above written. CITY OF EAGAN A Minnesota municipal corporation By: ' Pat G ;ea gan Its Mayor Maria Petersen Its Clerk YOCUM Its: MPANY, APPROVED AS TO FORM: Eagan City Attorney STATE OF MINNESOTA) ss COUNTY OF DAKOTA) (Seal) APPROVED AS TO CONTENT: City Planner On this /5` * day of J_Q Al , 2004, before me a Notary Public within and for said County personally appeared PAT GEAGAN and MARIA PETERSEN to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. A/ _ A , ) „ A N STATE OF 4 IA /' t�C,4 /"R ) ss COUNTYOF Pffyo? -A ) NOTARY PUBLIC - MINNESOTA kk CMM*Won E*" Jan. 31,2M On this r# day of J11-WO , 2004 before me a Notary Public within and for said County personally appeared N M /✓ W 9 S �LC,S�KG who being by me duly sworn, did say that he /she is theJTffl OY f, T /Ol►� �L' of Yocum Oil Company, Inc.., a Minnesota Corporation named in the foregoing instrument, and acknowledged said instrument to be the free act and deed of the limited liability company. 4 4, ) r, THIS INSTRUMENT WAS DRAFTED BY: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122 (651) 675 -5600 _. i - _', tARILY141'r1JCHERPFEK NOTARY PUBW-MI NES" CC) -r X III CJ ZI zi ;7-