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PLANNED UNIT DEVELOPMENT AGREEMENT <br />FOR <br />ELK PARK CENTER <br />THIS PLANNED UNIT DEVELOPMENT AGREEMENT (PUD Agreement), made <br />and entered into this day of ~'~~G}~ 1994, by and <br />between the CITY OF ELK RIVER, a municipal corporation organized <br />under the laws of the State of Minnesota (the City) and ELK PARK <br />CENTER LIMITED PARTNERSHIP, a Minnesota Limited Partnership (the <br />Developer); <br />WITNESSETH: <br />WHEREAS, Developer has made application to City for approval of <br />a Conditional Use Permit to develop a shopping center (the Project) <br />as a Planned Unit Development, pursuant to Sections 900.12(15) and <br />900.42 of the Elk River City Code of Ordinances, on certain <br />property located within the City and described on Exhibit A <br />attached hereto (the Subdivision); and <br />WHEREAS, the City Council of the City of Elk River (the City <br />Council) adopted Resolution No. 93-81 (attached as Exhibit B <br />hereto) on December 20, 1993, approving a Conditional Use Permit <br />for the Project, subject to a number of conditions; and <br />WHEREAS, one of the conditions of the approval of the <br />Conditional Use Permit is that Developer enter into a Planned Unit <br />Development Agreement (PUD Agreement) with City to be approved by <br />the City Council; and