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ARDEN HILLS PLANNING COMMISSION – February 4, 2015 16 1. Prior to City Council review of Planning Case 15-002, the issue regarding the design and location of the demising wall between Lot 3 and Lot 4 shall be resolved to the satisfaction of the Building Official and Fire Marshall. 2. The applicant shall continue to abide by the conditions of all previous Master PUD Agreements, permits, and reviews, except as hereinafter amended. 3. The project shall be completed in accordance with the submitted plans as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review by the Planning Commission and approval by the City Council. 4. A Development Agreement Amendment shall be prepared by the City Attorney and subject to City Council approval. The agreement shall be executed by all parties within the Arden Plaza development prior to the issuance of any building or development permits. 5. The final construction plans for the demising wall between the Frattallone’s Hardware store and the remainder of the Arden Plaza retail building shall meet the standards as outlined by the City Building Official in the memo dated January 29, 2015. 6. The execution of the Final Plat shall be conditioned on the demising wall construction between the Frattallone’s Hardware store and the remainder of the Arden Plaza retail building receiving final approval from the City Building Official. 7. Prior to the execution of the Final Plat, a copy of the supplemental declaration between Frattallone’s Hardware and Arden Plaza, LLC addressing the issues of drainage and driveway maintenance shall be provided to the City. 8. Prior to the execution of the Final Plat, a copy of an agreement addressing the Sewer and Water services provided to Lot 4 thought the building on Lot 3 shall be provided to the City. 9. Prior to the execution of the Final Plat, a copy of an agreement addressing the operation, maintenance, and ownership of all sanitary sewer, water, and storm sewer within the development, and the process by which future land use applications will be submitted to the City for properties within the development, shall be provided to the City. 10. The applicant shall file the Final Plat with Ramsey County within 180 days of the date of the City’s approval of the Final Plat. An extension request must be submitted in writing to the City at least forty-five (45) days prior to the expiration date. 11. The Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of site improvements including grading, utilities, and paving prior to the issuance of any development permits related to the construction of the outdoor seasonal sales area. 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 of a developer default. 12. The Developer shall submit a cash escrow in the amount of 25 percent of the estimated costs of site improvements including grading, utilities, and paving, prior to the issuance of any development permits related to the construction of the outdoor seasonal sales area. The escrow will be used for City costs related to review, approval, and inspection of site improvements or any costs incurred by the City in the event of a developer default. 13. Final grading and erosion plans shall be submitted to the City Engineer for approval prior to the issuance of any development permits related to the construction of the outdoor seasonal sales area.