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4. TERMS AND CONDITIONS. In consideration of the undertakings herein <br />expressed and in compliance with the City’s Development Regulations, the parties agree as <br />follows: <br /> A. Conditional Use Permit for Planned Unit Development. The City has agreed to <br />grant Arden Plaza an amendment to its Conditional Use Permit to expand the overall area of the <br />previously approved and operating garden center upon the following conditions: <br /> 1. The square footage for the seasonal garden center will measure 155 feet by <br />61 feet for a total square area of 9,455 square feet. The total area includes the space underneath <br />the building canopy that is now used for outdoor sales year-round and the five foot display curb <br />along the north and east perimeter of the garden center. <br /> 2. The exterior storage area along the south side of the retail center building <br />will measure approximately 150 feet long by 12 feet wide and shall be limited to materials and <br />products directly associated with the approved garden center use. <br /> 3. The garden center site shall be maintained and the business operated <br />pursuant to the Garden Center Exhibit which has been approved by the City of Arden Hills <br />(Exhibit A). <br />4. The garden center shall be an extension of and consistent with the permitted <br />principal use and shall be used exclusively for the seasonal sale of nursery and garden items, <br />including, but not limited to, flower, plants, landscaping materials, and Christmas trees. <br />5. No person will store any hazardous materials within the storage area, <br />depicted on the plans, along the south side of the retail center building, and no storage will be <br />allowed to block the egress doors. <br />181284v2 4