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<br />e <br /> <br />e <br /> <br />e <br /> <br />FROM LRRKIH HOFFMRH DRLY LIHDGREH 612-8963265 <br /> <br />04.15.1994 16: 10 <br /> <br />P. 2 <br /> <br />PLANNIlD UNIT DIlVp~~PMllNT AGRIlIlMENTDRArr <br />ELK PARK CENTER <br />THIS PLANNED UNIT DEVBLOPMENT AGREEMENT (PUD Agreement), made <br />and entere~ into this ____ day of , 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 /> <br />WITNESSETH: <br /> <br />WHBREAS, Developer has ma~e application to City for approval of <br /> <br />/ <br /> <br />a Conditional Use per.mit 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 />WHERBAS, one of the conditions of the approval of the <br />Conditional Use Per.mit is that Developer enter into a Planned Unit <br />Development Agreement (POD Agreement) with City to be approved by <br />the City Council; and <br />