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WHEREAS, the purposes of the PUD Agreement are to set forth the <br />standards, uses and procedures for development of the Project as a <br />Planned Unit Development; <br />NOW, THEREFORE, in consideration of the premises and the mutual <br />promises and conditions hereafter contained, it is hereby agreed as <br />follows: <br />1.) Warranty of Developer - Developer hereby warrants and <br />represents to City, as inducement to City's entering into this <br />PUD Agreement, that Developer is the fee owner of all of the <br />properties located within the Subdivision. Developer further <br />represents that it intends to sell some of the parcels within <br />the Subdivision to third parties unrelated to Developer or its <br />partners (Third Parties). This Agreement shall be binding on <br />Third Parties. <br />2.) Development - The Project shall be developed in <br />accordance with the following plans attached as exhibits <br />hereto, as the same may be amended as a part of the Site Plan <br />approval process or as an amendment to the Conditional Use <br />Permit for the Project, subject to obtaining site plan approval <br />for each parcel within the Subdivision as provided by this PUD <br />Agreement: <br />Exhibit C Site Plan <br />Exhibit D Landscape Plan <br />Exhibit E Grading Plan <br />Exhibit F Setback Plan <br />Exhibit G Sign Plan <br />Exhibit H Development Standards, <br />Architectural Theme, <br />Materials <br />3.) Uses - <br />including: <br />including Building <br />O1) Permitted Uses - The following permitted uses in the <br />C-3, Highway Commercial District shall be allowed as <br />permitted uses within the Project, subject to the approval <br />process set forth in paragraph 4: <br />Governmental, business and professional offices <br />Retail shops and stores <br />Personal service establishments <br />Financial Institutions <br />Convenience stores <br />Indoor Nurseries (plants) <br />Restaurants (Class I and II), provided they do not <br />offer live entertainment <br />2.