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NOW, THEREFORE, in consideration of the premises and the mutual <br />promises and conditions hereafter contained, it is hereby agreed as follows: <br />1.) Warranty of Developer - Developer hereby warrants and represents to <br />City, as inducement to City's entering into this PUD Agreement, that <br />Developer is the fee owner of all of the properties located within the <br />Subdivision. Developer further represents that it intends to sell some of <br />the parcels within the Subdivision to third parties unrelated to <br />Developer (Third Parties). This Agreement shall be binding on Third <br />Parties. <br />2.) Development - The Project shall be developed in accordance with the <br />following plans attached as exhibits hereto, as the same may be amended <br />as a part of the final plat approval process for the first phase or future <br />phases or as an amendment to the Conditional Use Permit for the <br />Project: <br />Exhibit C <br />Final Plat <br />Exhibit D <br />Grading/Drainage and Erosion Control Plan <br />Exhibit E <br />Wetland Mitigation Plan <br />Exhibit F <br />Tree Preservation Plan <br />Exhibit G <br />Landscape Plan <br />3.) Uses — <br />(01) Permitted Uses — <br />The following uses shall be allowed as permitted uses within the Project, <br />subject to the approval process set forth in paragraph 4: <br />Owner occupied townhomes <br />Governmental, business, and professional offices <br />Retail shops and stores <br />Personal service establishments <br />Financial institutions <br />Non-profit clubs, lodges, or halls <br />Veterinary clinics <br />Convenience stores <br />Garden centers <br />(02) Conditional Uses — <br />The following uses shall be allowed as conditional uses within the <br />Project: <br />Amusement and recreation uses <br />Hotels and motels <br />2. <br />SAPLANNING AGREEMMMiss Ridge PUD.DOC <br />