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3 <br />193195v1 <br />Building Official and City Engineer prior to the issuance of a building permit. <br /> <br />G. The Applicant shall submit a financial surety in the amount of 125% of the <br />estimated costs of landscaping prior to the issuance of any development permits. The financial <br />surety shall be in the form of a letter of credit issued by a FDIC-insured bank. The purpose of <br />the letter of credit is to ensure that landscaping is completed in the event that the Developer <br />defaults on this Agreement. The surety shall be valid for two (2) full years after the date of <br />installation. The letter of credit should not expire during the two-year period. <br /> <br />H. As part of the Project, the new roof and ground-mounted operating equipment <br />shall comply with and meet the MPCA noise standards. Once the Project is completed, if noise <br />from Building 9 exceeds MPCA noise regulations for residential areas at the Property line, the <br />Applicant shall reduce noise levels in order to be in compliance with MPCA regulations. If the <br />City receives complaints regarding noise levels, the Applicant shall be responsible for providing <br />decibel measurements from the Property line and reducing noise levels to be in compliance with <br />MPCA regulations. <br /> <br />6. ACKNOWLEDGMENT/COMPLIANCE. Boston Scientific acknowledges and <br />understands the conditions of approval and agrees to comply with such conditions. <br /> <br /> IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as <br />of the date and year first above written. <br /> <br /> <br /> <br />[Remainder of page intentionally left blank. <br />Signatures contained on the following pages.] <br />