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<br />e <br /> <br />e <br /> <br />e <br /> <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 <br />Planned Unit Development; <br />NOW, THEREFORE, in consideration of the p~emises and the mutual <br />promises and conditions hereafter contained, it is hereby agreed as <br />follows: <br /> <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 /> <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 /> <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, including: <br />o Architectural Theme, including Building <br />Materials <br />o Operational Performance Standards, including <br />Hours of Operation <br /> <br />3.} ~- <br /> <br />(01) 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 /> <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 /> <br />2. <br /> <br />~ 'd <br /> <br />S9Z~968-Zl9 H3~90HIl nl~O H~W~~OH HI~~~l wo~~ <br /> <br />Z~:t>l t>66l'0Z't>0 <br />