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� 3.0 Planned Unit Development Approval The CITY hereby grants approval of the final development plan for the DEVELOPER, subject to the compliance with the terms and conditions of this agreement. The CITY agrees to approve applications for building permits provided; the plans are consistent with the exhibits approved at the concept and final stages of the Planned Unit Development process; the DEVELOPER has not defaulted; and all of the standards and conditions of this agreement have been satisfied. For three years from the date of this Agreement, no amendments to the CITY'S Comprehensive Guide Plan or official controls shall apply to or affect the use, development density, site layout, or dedication requirements of the land included in the Planned Unit Development, unless required by state or federal law or agreed to in writing by the CITY and the DEVELOPER. For any improvements proposed thereafter, notwithstanding anything in this Agreement to the contrary, the CITY may require compliance with any amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 4.0 Approval by the CITY In approving the final development plan for the PUD for the DEVELOPER, the CITY hereby incorporates the following exhibits. The DEVELOPER shall develop the subject property as described or shown in these exhibits. If the exhibits vary from the written terms of this Agreement, the written terms shall control. In the event the exhibits address items not specifically addressed in this agreement, the exhibits shall govern with respect to those items. The exhibits as approved by the City Council on July 12, 1999, or as amended thereafter, shall include: Exhibit A Exhibit B Certificate of Survey indicating existing site conditions with all lot dimensions dated June 23, 1999. Topographic survey of the parcel indicating parcel elevations, structures, and other land features dated, February 10, 1999. Exhibit C Site development plan indication proposed structure, parking lot area, delivery lane, sidewalk, property lines, approved setbacks, and new Ramsey County right- of-way line dated, June 21, 1999. Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Grading/drainage plan indicating the structure additions and all grade contours with spot elevations, dated June 21, 1999. Utility plan indication sanitary sewer and watermain service, catch basins for surface water catchment, and existing utilities, dated June 21, 1999. Complete Landscape Plan with materials list, sizes, locations of all plant materials and proposed phasing schedule, dated June 22, 1999. Fence plan detailing proposed screen for north side of site, dated June 21, 1999. Site lighting plan indicating all types of lighting for the site and proposed structure dated June 21, 1999. Monument sign plan indicating approved sign location, dated June 21, 1999. Page 2 of 10