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PLANNED UNIT DEVELOPMENT AGREEMENT <br />FOR <br />Miske Meadows <br /> <br /> THIS PLANNED UNIT DEVELOPMENT AGREEMENT (PUD Agreement), <br />made and entered into this day of , 2017, by and between the CITY OF <br />ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota <br />(the City) and RP3, LLC (the Developer); <br /> <br /> W I T N E S S E T H: <br /> <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 /> <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 /> <br />NOW, THEREFORE, in consideration of the premises and the mutual promises and <br />conditions hereafter contained, it is hereby agreed as follows: <br /> <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 />may sell the parcel to third parties unrelated to Developer (Third Parties). This Agreement <br />shall be binding on Third Parties. <br /> <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 all <br />proposed site improvements provided by this PUD Agreement: <br /> Exhibit B – Preliminary Plat <br /> Exhibit C – Landscape Plan <br /> Exhibit D – Development Standards <br /> Exhibit E – Townhome Elevations <br /> Exhibit F – Edison Street Setbacks