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PLANNED UNIT DEVELOPMENT AGREEMENT <br />FOR <br />Heritage Maples Senior Living <br />THIS PLANNED UNIT DEVELOPMENT AGREEMENT (PUD Agreement), <br />made and entered into this 18th day of April, 2016, by and between the CITY OF ELK <br />RIVER, a municipal corporation organized under the laws of the State of Minnesota (the <br />City) and Heritage Maples Senior Living (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 Pro)ect) 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 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 />