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shall be made within 30 days of the delivery by the City upon Wal-Mart of a written 190 invoice stating the amount due for each call in excess of 300 per year. This provision 191 shall be reviewed by the Roseville City Council after the Wal-Mart store has been 192 opened for over one (1) year and may be modified by the City Council after the 193 review. 194 b. Wal-Mart Real Estate Business Trust shall acquire fee simple title to all of the real 195 property included in the plat and provide proof that there are no liens, encumbrances 196 or other parties having an interest in the Property at the time the Development 197 Agreement and Plat are recorded or make other arrangements which are satisfactory 198 to the City to assure that title to the property is satisfactory to the City. 199 c. Wal-Mart Real Estate Business Trust shall either dedicate on the Plat or otherwise 200 convey all roadway, utility, drainage, and other easements required by the City. 201 d. The access points to enter and exit the Property shall be at locations approved by the 202 City and any other governmental entity having jurisdiction over adjacent roadways. 203 e. Wal-Mart Real Estate Business Trust shall install subdivision monuments as 204 reasonably required by the Roseville Public Works Department and Ramsey County 205 Surveyor. 206 f. Wal-Mart Real Estate Business Trust shall pay all unpaid subdivision review escrow 207 fees as detailed in the adopted fee schedule for the City of Roseville prior to the City 208 releasing the Plat for recording. 209 g. No building permits shall be issued for any use of the property which is not a 210 permitted use. 211 h. The Petition for the vacation proceedings for that part of the public roadway and 212 highway easement created by Document No. 1511814 lying adjacent to and 10 feet 213 on the east and west side of vacated Mount Ridge Road within the Plat shall have 214 been approved by the City. 215 As discussed in Section 4.2j above, a condition related to the conclusion of the legal 216 matter pertaining to the EAW petition, might give rise to additional law suits filed solely 217 to delay the project. Because Wal-Mart would still be required to perform any additional 218 environmental review determined by the Court to be necessary even if building permits 219 had been issued and construction had begun, Planning Division staff recommends 220 striking such a condition. If the Council is more comfortable preserving the condition, it 221 may be included as follows: 222 i. No building permits shall be issued for any use of the property until the conclusion of 223 the appellate matter captioned as “In the Matter of the Petition for an Environmental 224 Assessment Worksheet for a Proposed Wal-Mart Store in Roseville, Ramsey County, 225 Minnesota” (Writ of Certiorari dated June 21, 2012). 226 PF12-001_RCA_072312 Page 6 of 7