4.11 SR 12-19-2022 - Laserfiche WebLink

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PLANNED UNIT DEVELOPMENT AGREEMENT FOR Lund Recreational Storage THIS PLANNED UNIT DEVELOPMENT AGREEMENT (PUD Agreement), th made and entered into this 19 day of December 2022, by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (the st City) and 171 Avenue, LLC (the Developer); W I T N E S S E T H: WHEREAS, Developer has made application to City for approval of a Conditional Use Permit to develop a residential subdivision (the Project) as a Planned Unit Development (PUD), pursuant to Section 30-1564 of the Elk River City Code of Ordinances, on certain property located within the City and described on Exhibit A attached hereto (the Subdivision); and WHEREAS, the purposes of the PUD Agreement are to set forth the standards, uses and procedures for development of the Project as a Planned Unit Development; NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions hereafter contained, it is hereby agreed as follows: 1. Warranty of Developer - Developer hereby warrants and represents to City, as inducement to City’s entering into this PUD Agreement, that Developer is the fee owner of all of the properties located within the Subdivision. Developer further represents that it intends to sell some or all of the parcels within the Subdivision to third parties unrelated to Developer (individually, a “Third Party” and collectively, the “Third Parties”). This PUD Agreement shall run with the land and shall be binding on Third Parties and The term “Developer” as used in this PUD Agreement shall mean the Developer or such Third Parties as successor owners of the property within the Subdivision. 2. Development - The Project shall be developed in accordance with the following plans attached as exhibits hereto, subject to obtaining site plan approval for each parcel within the Subdivision as provided by this PUD Agreement: Exhibit B – Final Plat