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<br />9.The issuance of a Certificate of Occupancy for Phase III shall be <br />contingent on the closure of the existing access on Lexington Avenue and <br />the construction of the southerly access across from the Target Service <br />Road. <br /> <br />10.Except as otherwise modified herein, the development of Phase I and <br />subsequent Phases shall comply with all applicable City Regulations. <br /> <br />11.Construction of Traffic Controls as set forth in (a) and (b) below: <br /> <br />a.Full development of the PUD-Master Plan, as illustrated in the <br />Redevelopment Plan Documents, will include a new access driveway at <br />the southern end of the site aligned with the Target Service Road. <br />Ramsey County has approved this as the sole permanent access off of <br />Lexington Avenue and views the existing driveway at 3771 Lexington <br />Avenue as a temporary access point. As a condition of subsequent <br />phases, Developer will be required to close the existing access. <br /> <br />b.Ramsey County will condition approval of the new access driveway on <br />the installation of necessary traffic controls at the intersection as <br />determined by a traffic study. The Developer shall be solely responsible <br />for funding any accommodations necessary to provide safe access. As a <br />condition of approval of subsequent phases, the Developer will be <br />required to pay for or accept an assessment against the project property <br />for the cost of the access improvements. The installation of these <br />improvements shall be coordinated with the Ramsey County Department <br />of Public Works. <br /> <br />B.Preliminary and Final Plat. <br /> <br />1.The Developer shall file the Final Plat with Ramsey County for recording <br />within 180 days of the approval from the City. The City will not issue any <br />final occupancy permits until proof of filing the plat is provided by the <br />Developer to the City. <br /> <br />2.Prior to the issuance of a grading and erosion control permit, the <br />Developer shall provide an easement on the south side of Red Fox Road <br />for the purpose of placing a public sidewalk and future right turn lane, as <br />reflected on the Plans, subject to the approval of the City Engineer. <br /> <br />C.Phase 1 Final Plan. <br /> <br />1.Lexington Station shall submit a financial surety in the amount of 125 <br />percent of the estimated costs of Phase I site improvements including <br />grading, utilities, and paving, prior to the issuance of a grading and <br />erosion control permit. The financial surety shall be in the form of a letter <br />of credit issued by a FDIC-insured Minnesota bank, and be in a form <br />acceptable to the City. The purpose of the letter of credit is to ensure that <br />168952 <br />