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CITY OF ARDEN HILLS <br />COUNTY ROAD E., LLC /TAT PROPERTIES, LLC <br />PLANNED UNIT DEVELOPMENT PERMIT <br />DEVELOPMENT AGREEMENT <br />PLANNING CASE NO. 10 -009 <br />1.0 Parties. This agreement "Agreement is dated the 15th day of November, 2010 and is <br />entered into by the City of Arden Hills, a Minnesota statutory city "City and 1201 <br />County Road E, LLC and TAT Properties, LLC, (jointly and severely "Developer <br />2.0 Recitals. <br />A. Developer is the record fee owner of the following described property situated in <br />Ramsey County, MN "Property <br />All that part of the South 1 /2 of the Southeast 1 /4 of the <br />Southeast 1 /4, Section 27, Township 30, Range 23, lying <br />between the Northerly right of way limits of U.S. Highway <br />No. 10, and the Southerly right of way limits of the <br />Minneapolis, St. Paul and Sault Ste. Marie Railroads, and <br />the Westerly right of way limits of Lexington Avenue and <br />Easterly of the West 250 feet of said Southeast 1 /4 of the <br />Southeast 1 /4 of Section 27, Township 30, Range 23, <br />according to the plat thereof on file or of record in the <br />office of County Recorder, Ramsey County, Minnesota. <br />B. A multi -story structure is located on the Property and is being used pursuant to the <br />terms of an Interim Use Permit for student housing. The Interim Use Permit will <br />expire on September 30, 2011. <br />C. On the 2 day of August, 2010, the Developer submitted a completed application <br />requesting that the City amend its Zoning Regulations; approve a Preliminary and <br />Final Plat for the Property; and approve a Master and Final Planned Unit <br />Development for the Property "Application <br />D. On the 8 day of September, 2010, at a public hearing, the Arden Hills Planning <br />Commission reviewed the Application; considered the comments and materials <br />submitted by the City's staff and consultants; considered the comments and <br />materials submitted by the Developer and its consultants; and considered the <br />comments and /or materials submitted by other individuals who attended the <br />public hearing. At the conclusion of the public hearing, the Planning Commission <br />recommended denial of the Preliminary and Final Plat of the Property; and tabled <br />its review of the remaining items on the Application. After the Planning <br />Commission meeting the Developer withdrew its Application for Preliminary and <br />Final Plat approval. <br />E. On the 6 day of October, 2010, the Planning Commission continued its review of <br />the Application; recommended approval of the revisions to the City's Zoning <br />