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2 182033v3 2. Permit. Subject to the terms and conditions set forth herein, the City hereby grants a conditional use permit amendment to Bethel for the construction of the soccer facility building. 3. Property. The conditional use permit amendment is for the following described property ("subject property") in the City of Arden Hills, Ramsey County, Minnesota: Those parts of Sections 21, 22, 27 and 28, Township 30, Range 23, lying Westerly and Southerly of the westerly and southerly right-of- way lines of State Trunk Highway No. 51 and Interstate Highway 694 lying northerly of the northerly right-of-way line of the Canadian Pacific Railroad Company and lying northerly and easterly of the northerly and easterly right-of-way lines of State Trunk Highway No. 10, except the South ¼ of the Southeast ¼ of the Southeast ¼ of the Section 21, Township 30, Range 23, lying east of the easterly line of Highway No. 10, according to the U.S. Government Survey thereof (herein the “Subject Property”) 4. Conditions. The conditional use permit amendment is issued subject to the following seven (7) conditions: (1) That the project shall be completed in accordance with the plans submitted as amended by the conditions of approval. 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) That Bethel shall continue to abide by all previous agreements and Conditional Use Permits, as amended by the conditions of approval of this application. (3) That a Conditional Use Permit Amendment agreement shall be prepared by the City Attorney and subject to City Council approval. The Conditional Use Permit Amendment agreement shall be signed by Bethel and approved by Council prior to the issuance of any building permits. (4) That a building permit shall be obtained for the proposed soccer facility building. (5) That the building permit for the soccer facility shall be issued by June 1, 2016, or an extension shall be requested at least 45 days preceding this deadline. (6) That Bethel shall submit a financial surety in the amount of 125 percent of the estimated costs of landscaping (materials and installation) prior to the issuance of a building permit. The financial surety shall be in the form of a letter 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 Bethel defaults on the Conditional Use Permit Amendment agreement. The City will hold the letter of credit for two (2) years after the installation of landscaping. The letter of credit should not expire during the two-year period. (7) That a minimum of two (2) trees shall be planted on the Ona Orth Athletic Field complex to meet the Zoning Code requirements. Each deciduous tree is required to be a minimum of two and one-half (2.5) caliper inches and coniferous trees are required to be six (6) feet in height.