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3 195265v5 3. CONDITIONS OF APPROVAL. The City’s approval to the Developer’s requested Amendment to the Agreement 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 the Master and Final Planned Unit Development Agreement recorded as document number T02559846, 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) The Developer shall obtain the required development permits within one year of the approval date or the approval shall expire, unless extended by the City Council prior to the approval’s expiration date. Extension requests must be submitted in writing to the City at least 45 days prior to the expiration date. (iv) Final grading, drainage, utility, and site plans shall be subject to approval by the City Engineer, Building Official, City Planner, and Fire Marshall prior to the issuance of a Grading and Erosion Control Permit or other development permits. (v) The Developer shall provide a total of 8.5 caliper inches of new tree plantings on the site. (vi) The Developer will widen and modify the design of the access point at the southwest corner of the Property to allow ingress to the site. (vii) The Developer shall install appropriate signage to be installed at the southwest corner of the Property in order to direct traffic consistent with ingress and egress at the southwest corner and the internal traffic routing plan. (viii) The lighting for the wall signs on the north and south façades shall be turned off from 30 minutes after the business is closed to 30 minutes prior to the business opening. (ix) The wall sign on the south building façade shall not exceed 70 square feet in size. (x) This Amendment shall be executed prior to the issuance of any development permits. 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, successors and assigns and shall be recorded against the Property in the office of the Ramsey County Registrar as promptly as possible after it has been executed by the parties. IN WITNESS WHEREOF, the above-named parties have caused this Agreement to be executed as of the date and year first above written.