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<br />_____________________________________________________________________________________________ <br />City of Arden Hills <br />City Council Meeting for April 24, 2017 <br />P:\Planning\Planning Cases\2017\PC 17-008 - Lexington Station - Master PUD Amendment and Final PUD Phase <br />2\Memos_Reports_17-008 <br /> <br />Page 8 of 10 <br />1. The Developer shall continue to abide by the conditions of all previous Master PUD <br />Agreements, permits, and reviews, except as hereinafter amended. <br />2. The project shall be completed in accordance with the submitted plans as amended by the <br />conditions of approval. Any significant changes to these plans, as determined by the City <br />Planner, shall require review and approval by the Planning Commission and the City <br />Council. <br />3. The Developer shall obtain the required development permits within one year of the <br />approval date or the approval shall expire, unless extended by the City Council prior to <br />the approval’s expiration date. Extension requests must be submitted in writing to the <br />City at least 45 days prior to the expiration date. <br />4. A PUD Amendment and Phase 2 Development Agreement shall be prepared by the City <br />Attorney and subject to City Council approval. The Agreement shall be executed prior to <br />the issuance of any development permits. <br />5. 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 bank, and be in a form acceptable to the City. The <br />purpose of the letter of credit is to ensure that site improvements are completed in the <br />event that the developer defaults on the Development Agreement. <br />6. 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 />7. The Developer shall submit a financial surety in the amount of 125 percent of the <br />estimated costs of landscaping prior to the issu ance of any development permits. The <br />financial surety shall be in the form of a letter of credit issued by a FDIC -insured bank. <br />The purpose of the letter of credit is to ensure that landscaping is completed in the event <br />that the developer defaults on the Development Agreement. The City will hold the letter <br />of credit for two years after the installation of landscaping. The letter of credit should not <br />expire during the two-year period. <br />8. The Developer shall submit a cash escrow in the amount of 25 percent of t he estimated <br />costs of landscaping prior to the issuance of any development permits. The escrow will <br />be 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 />9. 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 />10. Final grading, drainage, utility, and site plans shall be subject to approval by the City <br />Engineer, Building Official, City Planner, and Fire Marshall prior to the issuance of a <br />Grading and Erosion Control Permit or other development permits. <br />11. The Developer shall obtain a Right-of-Way Permit from the City for any construction <br />work required for the development within the Red Fox Road right-of-way.