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<br /> WHEREAS, the Subdivision is located within Elk Ridge Center, a Planned Unit <br />Development subject to the terms of a Planned Unit Development Agreement dated June <br />24, 2004 and amended on March 7, 2006 (together, the “PUD Agreement”); and <br />WHEREAS, application was made to the City for the following land use approvals <br />for the Subdivision: <br />1) To amend the City’s land use map to change the land use designation for Lot 1 <br />and a portion of Outlot A from HB (Highway Business) to HR (High Density Residential) <br />(Case No. LU 20-02); <br />2) To approve a Conditional Use Permit (the “CUP”) for Lot 1 and a portion of <br />Outlot A (the “Project Property”) to develop a multifamily residential apartment building <br />(the “Project”) (Case No. CU 20-07); <br />3) To approve a preliminary plat replatting Lot 1 and a portion of Outlot A(Case No. <br />P 20-05); and, <br />4) To approve an easement vacation on Outlot A (Case No. EV 20-02). <br /> <br />All as provided by the applicable Sections the Elk River City Code of Ordinances; and <br />WHEREAS, the City Council of the City of Elk River (the “City Council”), on July <br />20, 2020, approved the land use approvals for the Project, subject to a number of conditions; <br />and <br /> WHEREAS, one of the conditions of the land use approvals is that Developer enter <br />into this Amended PUD Agreement with City to be approved by the City Council; and <br /> WHEREAS, the purposes of this Amended PUD Agreement are to set forth the <br />conditions, standards, uses, and procedures for development of the Project as a Planned <br />Unit Development. <br /> NOW, THEREFORE, in consideration of the premises and the mutual <br />promises and conditions hereafter contained, it is hereby agreed as follows: <br /> <br />1.) PUD Agreement Remains in Effect. This Amended PUD Agreement <br />amends, and does not replace, the PUD Agreement, which shall remain in <br />effect as previously approved and amended, except as amended by this <br />Amended PUD Agreement. <br /> <br />2.) Warranty of Developer - Developer hereby warrants and represents to City, <br />as inducement to City’s entering into this Amended PUD Agreement, that <br />2. <br />N:\\Departments\\Community Development\\Planning\\Case Files\\CUP\\CU 20-07 CB Elk River Housing Limited Partnership\\5-City <br />Council\\Planned Unit Development Agreement.doc <br /> <br />