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ARDEN HILLS CITY COUNCIL – JUNE 27, 2016 17 <br /> <br />of site improvements or any costs incurred by the City in the event of a developer default. <br />If at any time during the course of construction on the project the amount in the account is <br />reduced to below $5,000, the Developer shall replenish the account to not less than <br />$20,000. In the event there is a failure to replenish the account in accordance with the <br />terms of the Agreement, the City has the right to withhold the issuance of a Certificate of <br />Occupancy until the deficiency is paid. Upon completion of the project, payment of all <br />outstanding bills and satisfaction of this Agreement, the City shall refund the remainder of <br />the account to the Developer. <br />8. 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 letter of credit shall automatically renew for successive one-year <br />terms unless at least sixty (60) days prior to the next annual renewal date, the issuing bank <br />delivers notice to the City that it intends to modify the terms of, or cancel, the letter of <br />credit. A partial reduction in the letter of credit may be granted by the City in the event that <br />landscaping improvements are installed over successive growing seasons. The purpose of <br />the letter of credit is to ensure that landscaping is completed in the event that the developer <br />defaults on the Development Agreement. <br /> 9. The Developer shall submit a cash escrow for landscaping improvements in the amount of <br />$15,000 prior to the issuance of any development permits. The escrow will be held by the <br />City for two years after installation of landscaping and used for City costs related to <br />review, approval, and inspection of landscaping, or developer default. <br />10. That the proposed project may require permits, including, but not limited to, MPCA- <br />NPDES, Rice Creek Watershed District, Minnesota Department of Health, Ramsey <br />County and City Right of Way, and City Grading and Erosion Control permits. Copies of <br />all issued permits shall be provided to the City prior to the issuance of any development <br />permits. <br />11. That the final plans for Phase 1 shall be subject to approval by the City Engineer, Building <br />Official, and Fire Marshal prior to the issuance of a grading and erosion control permit. <br />12. Final grading, drainage, utility, and site plans shall be subject to approval by the Public <br />Works Director, City Engineer, and City Planner prior to the issuance of a grading and <br />erosion control permit or other development permits. <br />13. That upon completion of grading and utility work on the site, a grading as-built and utility <br />as-built shall be provided to the City for review. <br />14. That the final Lighting and Photometric Plan for Phase 1 shall be reviewed and approved <br />by the City prior to the issuance of a grading and erosion control permit for Phase 1. <br />15. That the access onto Lexington Avenue North shall be revised to a 3/4 access to prevent <br />left turns out of the site. A “pork chop” median shall be constructed to prevent the left <br />turns out. That the 3/4 access shall be completed prior to the issuance of any development <br />permits for Phase II of the Master PUD. <br />16. That the applicant shall conform to all other City regulations. <br /> <br />Mayor Grant requested the applicant come forward at this time. <br /> <br />Marsha Droege, Land O’Lakes representative, thanked the Council for their consideration. She <br />appreciated the partnership Land O’Lakes had with the City and County. She discussed why Land <br />O’Lakes was proposing to consolidate and expand their campus in Arden Hills. She reported