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EXHIBIT B: CONDITIONS TO PUD AGREEMENT AMENDMENT 1. The project shall be completed in accordance with the submitted plans as amended by the conditions of approval, as depicted in the attached Site Layout. The applicant shall be responsible for the cost of constructing the "pork chop island" in the eastern access as identified in the Goodwill Drive Concept (Figure 1) of the attached Site Layout. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. An amendment to the Development Agreement shall be prepared by the City Attorney and presented to City Council for approval contemporaneously with the requested PUD Amendment at the March 9, 2015 City Council meeting, subject to the ability of the City, after consultation with representatives of the applicant, to table action on the amendments until the next regular Council meeting. The amendment to the Development Agreement shall be executed prior to the issuance of a grading and erosion control permit. 3. The applicant shall obtain a building permit within one year of the PUD Amendment approval or the approval shall expire unless extended by the City Council prior to the approval's expiration date. Extension requests must be submitted in writing to the City at least 45 days prior to the expiration date. 4. The applicant shall submit a financial surety in t he amount of 125 percent of the estimated costs of site improvements including grading, utilities, and paving, prior to the issuance of a grading and erosion control permit. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank, and be in a form acceptable to the City. The purpose of the letter of credit is to ensure that site improvements are completed in the event that the developer defaults on the Development Agreement. The letter of credit shall be released upon the issuance of a Certificate of Occupancy. 5. Pursuant to and consistent with the policy adopted by the Council, when the applicant applies for a grading and erosion control permit it will be required to submit a cash escrow in the amount of $3,675 per acre of area measured by the size of the area to be disturbed for this project rather than by the size of the parcel, to be drawn upon to reimburse the City for hourly charges to the City by the Ramsey County Conservation District arising from its oversight of the grading and erosion-control-related operations on the site. Those funds remaining in the escrow after the Conservation District submits its final bill shall be returned within 30 days of the City’s receipt of that invoice. 6. The applicant shall submit a financial surety in the amount of 200 percent of the estimated costs of landscaping prior to the issuance of a grading and erosion control permit. The financial surety shall be in the form of a lette r of credit issued by a FDIC- insured Minnesota bank. The purpose of the letter of credit is to ensure that landscaping is completed in the event that the developer defaults on the Development Agreement. The City will hold the letter of credit for two years after the installation of landscaping. The letter of credit should not expire during the two-year period. 7. The City shall complete a sidewalk segment along the north side of County Road E from Lexington Avenue to the east side of the western driveway into 1201 County Road E