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<br />. <br /> <br />. <br /> <br />. <br /> <br />approvmg the Conditional Use Permit for the Project, subject to a number of <br /> <br />conditions; and <br /> <br />WHEREAS, one of the conditions of the approval of the Conditional Use <br /> <br />Permit is that Developer enter into a Planned Unit Development Agreement ("PUD <br /> <br />Agreement") with City to be approved by the City Council; and <br /> <br />WHEREAS, the purposes of the PUD Agreement are to set forth the <br /> <br />standards, uses and procedures for development of the Project as a Planned Unit <br /> <br />Development; <br /> <br />NOW, THEREFORE, m consideration of the premIses and the mutual <br /> <br />promises and conditions hereafter contained, it is hereby agreed as follows: <br /> <br />1. Warrantv of Developer - Developer hereby warrants and represents to <br />City, as inducement to City's entering into this PUD Agreement, that: <br /> <br />(a) Developer is the fee owner of that portion of the Property so <br />identified on Exhibit A hereto. <br /> <br />(b) Developer will acquire the remaining parcels located within the <br />Property, as identified on Exhibit A hereto. This PUD <br />Agreement is contingent on Developer acquiring all of the <br />parcels identified as the Property on Exhibit A hereto. <br /> <br />(c) Developer intends, following approval of a final plat of the <br />Property, to sell some parcels within the Property to third <br />parties unrelated to Developer (Third Parties). This PUD <br />Agreement shall be binding on Third Parties. <br /> <br />2. Development - The Project shall be developed in accordance with the <br />plans attached as Exhibit C hereto, as the same may be amended as part of future <br />amendments to the Conditional Use Permit for the Project, subject to obtaining site <br />plan approval for each parcel within the Property as provided by this PUD <br />Agreement: <br /> <br />Exhibit C - Plans: <br />Site Plan <br />Landscape Plan <br /> <br />2 <br />