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2 198004v3 and requests of the Developer, and has approved the Preliminary and Final Plat, and Comprehensive Plan Amendment, all subject to the terms and conditions contained herein. 4. TERMS AND CONDITIONS. In consideration of the City’s development approvals, in compliance with the City’s development regulations, and in consideration of the undertakings expressed herein, the parties agree: A. Preliminary and Final Plat, and Comprehensive Plan Amendment: 1. That the project shall be completed in accordance with the submitted plans 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. 2. That the execution of the Final Plat shall be contingent upon the Metropolitan Council’s approval of the Comprehensive Plan Amendment. 3. That the development agreement shall be prepared by the City Attorney and subject to City Council approval. The development agreement shall be executed prior to execution of the Final Plat. 4. That the Developer shall submit a park dedication equal to ten percent of the total land area, which is approximately 0.28 acres. Because the site does not provide for a feasible public park area, the Developer shall pay a park development fee in the amount of $6,500.00 per lot, for a total park dedication fee in the amount of $19,500.00. The dedication fee shall be submitted prior to the execution of the Final Plat. 5. The Developer shall be required to address and meet all comments/requirements outlined in the Memorandum provided by the Public Works Director/City Engineer dated May 22, 2018 prior to the issuance of any development permits. 6. That the Developer shall obtain approval from the Rice Creek Watershed District (RCWD) that all water and rate control standards have been met. Developer will obtain a copy of the approved RCWD permit and provide a copy to the City prior to the issuance of any development permits. 7. That the final grading, drainage and utility plans submitted by the Developer are subject to approval by the City Engineer prior to the commencement of any construction on the site. 8. The Developer shall provide a minimum of three (3) trees in the front yard of each lot. Coniferous trees must be at least six (6’) feet in height and deciduous trees must have at least a diameter of two and one-half (2 1/2”) inches. 9. That the Developer shall submit for approval by the City a Tree Preservation/Replacement Plan that provides for the required replacement trees on the