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<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 or all <br />of the parcels within the Subdivision to third parties unrelated to Developer <br />(individually, a “Third Party” and collectively, the “Third Parties”). This <br />Amended PUD Agreement shall run with the land and shall be binding on <br />Third Parties and The term “Developer” as used in this Amended PUD <br />Agreement shall mean the Developer or such Third Parties as successor <br />owners of the property within the Subdivision. <br /> <br />3.) Development - The Project shall be developed in accordance with the <br />following plans attached as exhibits hereto, as the same may be amended as a <br />part of the final plat approval process for the first phase or future phases or <br />as an amendment to the CUP for the Project: <br /> <br /> Exhibit C Final Plat <br /> Exhibit D Site Plan <br /> Exhibit E Grading/Drainage and Erosion Control Plan <br /> Exhibit F Landscape Plan <br /> Exhibit G Building Elevations - Architectural Design Standards <br /> <br /> <br />4.) Uses – <br /> <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 5: <br /> <br />a. Project Property: Residential, apartment <br /> Structure, accessory <br />b. The remainder of Outlot A & Outlot C: all uses allowed by the PUD <br />agreement and the comprehensive land use map <br /> <br />5.) Approval by City - City hereby approves the land use approvals for the <br />Project as shown in the attached exhibits provided, however, that insofar as the exhibits vary <br />from the written terms of this Amended PUD Agreement, the written terms shall govern. <br />This approval is subject to the requirement that final plat approval for the Project be <br />obtained and the City Council’s right to attach such conditions as it deems appropriate to the <br />final plat approval for the Project. This approval of the Project is subject to individual site <br />and building plan review and approval as follows: <br />(01) Site Plan Approval - <br /> (a) Site plan approval shall be required prior to issuance of building <br />permits for the Project, both for initial construction and for any subsequent <br />expansion, exterior remodeling of a structure, redevelopment of a site, or substantial <br />revision of an approved site plan. . <br />3. <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 />