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<br />improvement ("TS Improvement") which would be located approximately 650 <br />feet west of the intersection of county Road E and Lexington Ave. <br />b. A portion of the cost of the TS Improvement will either be specially assessed <br />against benefiting parcels, including the property located within the PUD <br />Master Plan or, in the alternative; the parties will negotiate payment terms. In <br />either event the cost to be paid by Arden Plaza shall be between 20 and 25 <br />percent as determined by the City Council. In determining whether to assess <br />up to 25 percent of the cost of the TS Improvement, the City shall take into <br />consideration the assessment of up to 5 percent of the cost of the TS <br />Improvement against other parcels located south of County Road E and <br />beyond the boundaries of the PUD Master plan that are benefited by such <br />improvement. If special assessments are utilized Arden Plaza agrees that the <br />property included within the PUD Master Plan will receive a special benefit in <br />the amount of 20-25% of the cost of the TS Improvement, as determined by <br />the City Council, as a result of the TS Improvement and hereby waives any <br />public hearing requirements contained in Minnesota Statutes Chapter 429 and <br />further waives any right to appeal from a levy of such special assessment. <br />The provisions of this Section shall apply regardless of the actual construction <br />of the TS Improvement. <br />c. Arden Plaza shall prepare a Declaration of Covenants and Restrictions <br />("Covenants") which shall include a notice of the future special assessment <br />for the TS Improvement and a formula for portioning the cost of the special <br />assessment of the parcels included within the plat of Arden Plaza <br />Redevelopment. In adopting the special assessment roll for the TS <br />Improvement, the City shall comply with the formula contained in the <br />Covenants. <br />16. Prior to the issuance of building permits for Phase I, shared parking agreements shall <br />be signed by all property owners, subject to the approval of the City Planner, and <br />signed copies shall be provided to the City. <br />17. The applicant shall provide the required number of ADA parking spaces. The ADA <br />parking space locations shall be subj ect to Building Official approval. <br />18. The applicant shall submit an agreement for shared management and maintenance of <br />the parking areas, landscaping features, stormwater facilities, and common areas prior <br />to executing the final plat. The agreement shall be subject to City Attorney approval <br />prior to the issuance of any building permits. <br />19. A development agreement shall be prepared by the City Attorney and subject to City <br />Council approval. The agreement shall be executed prior to the issuance of any <br />permits or site preparation. <br />20. Arden Plaza shall provide a base for a City of Arden Hills gateway sign at the comer <br />of County Road E and Lexington Avenues. The sign base shall be subject to the <br />approval of the City. <br />21. The applicant shall conform to all other City regulations. <br /> <br />City of Arden Hills <br />City Council Meetingfor July 13, 2009 <br /> <br />\ \Metro-inet, us \ardenhills\Admin \ Council \Agendas & Packet Information \2009\07-13-09 Regular\Packet Information \07-13-09 - Regular <br />Meeting - Memo - Arden Plaza,doc Page 6 of 7 <br />