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3 185736v1 F. The existing temporary at-grade enclosed pedestrian walkway between Buildings 3 and 10 shall be removed within sixty (60) days of the skyway connection receiving final approval by the City Building Official. G. The applicant shall submit a financial surety in the amount of 125% of the estimated costs of landscaping prior to the issuance of any development permits. 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 the Developer defaults on this 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. H. A Site Plan Review application, including a Landscaping Plan, is required for the modification of the parking area along the Lot 1 and Lot 2 property boundary line and shall be submitted within ninety (90) days of the sale of Lot 1 by Boston Scientific, or an extension request shall be submitted in writing to the City at least forty-five (45) days prior to that date. I. All necessary City permits for the removal of the existing skyway structure connecting Building B and Building E as depicted on the current Campus Master Plan shall be obtained within ninety (90) days of the sale of Lot 1 by Boston Scientific, or an extension request shall be submitted in writing to the City at least forty-five (45) days prior to that date. J. All plantings in the bio-filtration area adjacent to the parking lot to the north of Building 10 shall be shade-tolerant species. K. A building permit shall be required for the retaining wall and fence adjacent to the sidewalk connection to Building 14. A structural analysis of the retaining wall shall be provided to show, to the satisfaction of the City Engineer, that there are no issues with the construction of the retaining wall on top of the existing sanitary sewer line. L. The applicant shall obtain all necessary permits, including, but not limited to, NPDES and Rice Creek Watershed District. Copies of all necessary permits shall be submitted to the City prior to the issuance of any development permits. 6. ACKNOWLEDGMENT/COMPLIANCE. Boston Scientific acknowledges and understands the conditions of approval and agrees to comply with such conditions. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the date and year first above written. [Remainder of page intentionally left blank. Signatures contained on the following pages.]