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PLANNED UNIT DEVELOPMENT AGREEMENT <br /> FOR <br /> Kliever Lake Fields Fifth Addition <br /> THIS PLANNED UNIT DEVELOPMENT AGREEMENT (PUD Agreement), <br /> made and entered into this day of 1 ,by and between the <br /> CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of <br /> Minnesota (the City) and Meadow Creek Builders Inc.(the Developer); <br /> WITNESSETH: <br /> WHEREAS,Developer has made application to City for approval of a Conditional <br /> Use Permit to develop a residential subdivision (the Project) as a Planned Unit Development <br /> (PUD),pursuant to Section 30-1564 of the Elk River City Code of Ordinances, on certain <br /> property located within the City and described on Exhibit A attached hereto (the <br /> Subdivision); and <br /> WHEREAS, the purposes of the PUD Agreement are to set forth the standards, <br /> uses and procedures for development of the Project as a Planned Unit Development; <br /> NOW,THEREFORE,in consideration of the premises and the mutual promises and <br /> conditions hereafter contained,it is hereby agreed as follows: <br /> 1.) Warranty of Developer- Developer hereby warrants and represents to City, <br /> as inducement to City's entering into this PUD Agreement,that Developer is the fee owner <br /> of all of the properties located within the Subdivision. Developer further represents that it <br /> intends to sell some of the parcels within the Subdivision to third parties unrelated to <br /> Developer (Third Parties). This PUD Agreement shall be binding on Third Parties. <br /> 2.) Development-The Project shall be developed in accordance with the <br /> following plans attached as exhibits hereto, subject to obtaining site plan approval for each <br /> parcel within the Subdivision as provided by this PUD Agreement: <br /> Exhibit B—Final Plat <br /> Exhibit C -Landscape Plan <br /> Exhibit D - Development Standards <br />