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PLANNED UNIT DEVELOPMENT AGREEMENT <br />FOR <br />Jackson Hills Phase Two Apartment Project <br />THIS PLANNED UNIT DEVELOPMENT AGREEMENT (PUD Agreement), <br />made and entered into this 20th day of November, 2023, by and between the CITY OF <br />ELK RIVER, a municipal corporation organized under the laws of the State of l��innesota <br />(the Cityr) and On Call Servicesl, LLC (the DevelopeY); <br />WITNESSETH: <br />WHEREAS, Developer has made application to Cittr for approval of a Conditional <br />Use Permit to develop a multi-family apartment building (the Project) as a Planned Unit <br />Development (PUD), pursuant to Section 30-1564 of the Elk River City Code of <br />Ordinances, on certain propertyT located `vithin the CityT and described on E�ibit A attached <br />hereto (the Subdivision); and <br />WHEREAS, the purposes of the PUD Agreement are to set forth the standards, <br />uses and procedures for development of the Project as a Planned Unit Development; <br />NOW, THEREFORE, in consideration of the premises and the mutual promises and <br />conditions hereafter contained, it is herebyT agreed as follows: <br />1.) Warrant�T of Develo�er - Developer hereby warrants and represents to CityT, <br />as inducement to Cit�T's entering into this PUD Agreement, that Developer is the fee owner <br />of all of the properties located �vithin the Subdivision. Developer further represents that it <br />may sell the parcel to third parties unrelated to Developer (Third Parties). This Agreement <br />shall be binding on Third Parties. <br />2.) Develo�ment - The Project shall be developed in accordance with the <br />following plans attached as e�ibits hereto, subject to obtaining site plan approval for all <br />proposed site improvements provided byT this PUD Agreement: <br />Exhibit B— Site Plan and Proof of Parking <br />Exhibit C — Landscape Plan <br />Exhibit D — Development Standards <br />Exhibit E — Building Elevations <br />