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Elk River Crossing PUD Agreement December 1999 <br />WHEREAS, one of the conditions of the approval of the Conditional Use <br />Permit is that Developer enter into a Planned Unit Development Agreement <br />PUD Agreement") with City to be approved by the City Council; and <br />WHEREAS, the purposes of the PUD Agreement are to set forth the <br />standards, uses and procedures for development of the Project as a Planned <br />Unit Development; <br />NOW, THEREFORE, in consideration of the premises and the mutual <br />promises and conditions hereafter contained, it is hereby agreed as follows: <br />1. Warranty of Developer -Developer hereby warrants and represents <br />to City, as inducement to City's entering into this PUD Agreement, that: <br />a) Developer is the fee owner of that portion of the Property so <br />identified on Exhibit A hereto. <br />b) Developer will acquire the remaining parcels located within <br />the Property, as identified on Exhibit A hereto. This PUD <br />Agreement is contingent on Developer acquiring all of the <br />parcels identified as the Property on Exhibit A hereto. <br />c) Developer intends, following approval of a final plat of the <br />Property, to sell some parcels within the Property to third <br />parties unrelated to Developer (Third Parties). This PUD <br />Agreement shall be binding on Third Parties. <br />2. Development -The Project shall be developed in accordance with <br />the plans attached as Exhibit C hereto, as the same may be amended as part of <br />future amendments to the Conditional Use Permit for the Project, subject to <br />obtaining site plan approval for each parcel within the Property as provided by <br />this PUD Agreement: <br />Exhibit C -Plans: <br />Site Plan <br />Landscape Plan <br />Grading Plan <br />Setback Plan <br />Sign Plan <br />Development Standards, including: <br />Architectural Theme, including Building Materials <br />2 <br />Page 223 of 304