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PLANNED UNIT DEVELOPMENT AGREEMENT <br /> FOR <br /> Mulvaney Point Townhomes <br /> THIS PLANNED UNIT DEVELOPMENT AGREEMENT (PUD Agreement), <br /> made and entered into this 16th day of December,2019,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 TALL PINES HOLDINGS,LLC (the Developer); <br /> WITNESSETH: <br /> WHEREAS, Developer has made application to City for approval of a Conditional <br /> Use Permit to develop a detached townhome development (the Pro)ect) as a Planned Unit <br /> Development (PUD),pursuant to Section 30-1564 of the Elk River City Code of <br /> Ordinances, on certain property located within the City and described on Exhibit A attached <br /> hereto (the 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 /> may sell the parcel to third parties unrelated to Developer (Third Parties). This Agreement <br /> 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 all <br /> proposed site improvements provided by this PUD Agreement: <br /> Exhibit B — Site Plan <br /> Exhibit C — Landscape Plan <br /> Exhibit D — Development Standards <br />