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<br />190182v1 <br />C. On the ____ day of ___________, 2016, the Developer submitted an application requesting <br />an amendment to the Phase 2-Final Plan to modify the height of roof-mounted mechanical equipment on the <br />Land O’Lakes Building located at 4001 Lexington Avenue North (“Application”). <br />D. Together, the PUD Master Plan, Phase 1-Final Plan, Phase 2-Final Plan and Application <br />shall be referred to the “Development” in this Agreement, for the property situated in the County of <br />Ramsey, State of Minnesota, and is legally described on Exhibit A hereto (the “Subject Property”). <br />E. The Application regarding the changes to the roof-mounted mechanical equipment are <br />listed and approved in the Findings of Fact, submitted plans and recommendations by the City in the <br />November 14, 2016 Report to the City Council. <br />NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: <br /> 1. The Developer has revised the building elevation plan (“Plan”) attached hereto as Exhibit <br />B. <br /> 2. The City has reviewed and hereby approves the Developer’s Plan for the roof-mounted <br />mechanical equiprment subject to the following: <br />a. The Developer shall continue to abide by all previous agreements, as <br />amended by the conditions of approval of the Application. <br />b. The elevator equipment enclosure shall not exceed a height of 18 feet and <br />shall not have a footprint greater than 21 feet by 29 feet or 609 square feet. <br />c. The elevator equipment enclosure shall be painted to match the color of <br />the building. <br /> <br /> 3. Except as otherwise specifically amended herein, the Development shall remain in full <br />force and effect. This Agreement shall be binding on the parties, their heirs, successors and assigns and <br />shall be recorded against the Subject Property in the office of the Ramsey County Recorder as promptly <br />as possible after it has been executed by the parties. <br /> IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this _____ <br />day of ____________, 20___ <br />