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189012v2 with the existing principal structure on the Property. The proposed addition would have minimal impact on the existing site operations and would not modify traffic patterns or parking areas. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. REQUEST FOR APPROVAL. On September 12, 2016, the City approved an amendment to the Planned Unit Development (the “PUD”) and Conditional Use Permit (the “CUP”) for the addition of the multi-use restroom facilities (the “Development”). 2. CONDITIONS OF APPROVAL. The City’s approval to the Developer’s requested amendment to the PUD and the CUP, is based upon the Development being constructed in accordance with the Application and supporting materials and subject to the following conditions of approval: (i) The Developer shall continue to abide by the conditions of all previous Master PUD and CUP Agreements, permits, and reviews, except as hereinafter amended. (ii) The Development 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. (iii) This Amendment shall be executed prior to the issuance of any development permits. (iv) Final construction plans shall be subject to approval by the City Building Official, City Engineer, and Fire Marshall prior to the issuance of a building permit. (v) The Developer shall protect the two (2) Autumn Brilliance Serviceberry trees located immediately north of the proposed addition. If these trees are damaged, removed, or die during the construction of the addition, the applicant shall be required to replace the trees with trees of equivalent size. (vi) Exterior lighting shall be hooded, concealed, or controlled so as not to be visible from adjoining lots, streets, highways, or residential areas east and south of Round Lake. 3. DEVELOPMENT PLANS. The Development shall be developed in accordance with the Findings of Fact dated September 12, 2016, the Developer’s application and submitted plans for the amendment to the PUD and CUP which were reviewed and approved on September 12, 2016 (“Approved Development Plans”), except as modified by the approved conditions noted herein. The Approved Development Plans, include but are not limited to, the Site Plan, the Building Plan and the Lighting Plan, and shall not be attached to this Agreement but shall be kept in the Property file held by the City. 4. BINDING EFFECT. Except as otherwise specifically amended herein, the Agreement shall remain in full force and effect. This Amendment shall be binding on the parties, their heirs,