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, w <br /> 4 <br /> WHEREAS, on March 12, 2001 the City Council granted Concept Plan Ap: ,• a r <br /> development of a 62-unit building for senior housing use (the "Senior Housing Building" <br /> 25,000 s.f.general office building(the"Office Building")per Resolution No.4619,on the conditi <br /> that the Developer enter into this agreement to provide for conformance with the City's Planned Unit <br /> Development(PUD)ordinances,to provide for the installation and maintenance of improvements, <br /> and to establish and document the conditions of approval for the Tax Increment Financing (TIF) <br /> associated with the development. <br /> NOW, THEREFORE, in consideration of the premises, and of the actual promises and <br /> conditions hereinafter contained, it is hereby agreed as follows: <br /> A. General Terms and Conditions <br /> 1. Property Description. Outlot F, Sugar Woods (being re-platted as Lots 1 and 2, Block 1, <br /> Orono Woods Addition,Hennepin County,Minnesota)according to the plat thereof on file <br /> in the office of the Registrar of Titles of Hennepin County, Minnesota (sometimes herein <br /> referred to as the "Property"). <br /> 2. Zoning. The property is (will be)rezoned as a Planned Unit Development under the Orono <br /> planned unit development ordinance with underlying B-6 zoning for Lot 1 (Office Building) <br /> and underlying RPUD zoning for Lot 2 (Senior Housing Building). <br /> 3. Permitted Uses. Within Lot 1 the only permitted principal structure is the 25,000 gross s.f., <br /> 2 story office building with underground parking in the basement level and additional surface <br /> parking as depicted in the site plan (attached hereto as Exhibit A) and construction plan <br /> (attached hereto as Exhibit B). The permitted use of the office building is general office uses <br /> which may include business and professional offices of a general nature, and may include <br /> a clinic for human care on an outpatient basis only. The office building shall not be used for <br /> general retail use,except that retail uses customarily accessory to the general office use may <br /> occur in no more than twenty percent (20%) of the office building gross floor area. Other <br /> uses shall not be allowed except by amendment of this PUD agreement. <br /> Within Lot 2 the only permitted principal structure is the 3-story 62-unit Senior Housing <br /> Building with underground parking in the basement level and additional surface parking as <br /> depicted in the site plan (Exhibit A) and construction plan (Exhibit C). This building is to <br /> be used solely for Senior Housing under the terms of this agreement. <br /> Page 2 of 16 <br />