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ARDEN HILLS PLANNING COMMISSION — August 5, 2015 5 <br />6. Prior to the issuance of a building permit, a copy of any necessary supplemental <br />declaration between Hemisphere Restaurant Partners and Arden Plaza, LLC addressing <br />site operation issues, such as driveway maintenance, shared parking, and drainage, shall <br />be provided to the City. <br />7. The Developer shall submit a financial surety in the amount of 125 percent of the <br />estimated costs of site improvements including grading, utilities, and paving, prior to the <br />issuance of any development permits. 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 acceptable to the <br />City. The purpose of the letter of credit is to ensure that site improvements are completed <br />in the event that the developer defaults on the Development Agreement. <br />8. The Developer shall submit a cash escrow in the amount of 25 percent of the estimated <br />costs of site improvements including grading, utilities, and paving, prior to the issuance <br />of any development permits. The escrow will be used for City costs related to review, <br />approval, and inspection of site improvements or any costs incurred by the City in the <br />event of a developer default. <br />9. The Developer shall submit a financial surety in the amount of 125 percent of the <br />estimated costs of landscaping prior to the issuance of any development permits. The <br />financial surety shall be in the form of a letter of credit issued by a FDIC -insured <br />Minnesota bank. The purpose of the letter of credit is to ensure that landscaping is <br />completed in the event that the developer defaults on the Development Agreement. The <br />City will hold the letter of credit for two years after the installation of landscaping. The <br />letter of credit should not expire during the two-year period. <br />10. The Developer shall submit a cash escrow in the amount of 25 percent of the estimated <br />costs of landscaping prior to the issuance of any development permits. The escrow will be <br />held by the City for two years after installation of landscaping and used for City costs <br />related to review, approval, and inspection of landscaping, or developer default. <br />11. Final construction plans shall be subject to approval by the Building Official and Fire <br />Marshall prior to the issuance of a building permit. <br />12. The Developer shall provide the City with a copy of the Rice Creek Watershed District <br />permit for the project prior to the issuance of any development permits. <br />13. Final grading, drainage, utility, and site plans shall be subject to approval by the City <br />Engineer and City Planner prior to the issuance of a Grading and Erosion Control Permit <br />or other development permits. <br />14. The Developer shall obtain a right-of-way permit from Ramsey County for the sidewalk <br />construction along Lexington Avenue. <br />15. Prior the issuance of a Certificate of Occupancy for the Phase III building, the six-foot <br />wide concrete sidewalk along Lexington Avenue shall be constructed in its entirety as <br />shown on the PUD Master Site Plan. <br />16. All mechanical equipment, whether ground -mounted or roof -mounted, shall be screened <br />from ground -level view of public streets. Wood screening shall not be permitted. <br />Associate Planner Bachler reviewed the options available to the Planning Commission on this <br />matter: <br />1. Recommend Approval with Conditions <br />2. Recommend Approval as Submitted. <br />3. Recommend Denial <br />4. Table <br />