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<br />3. Approval by the CITY. <br /> <br />The CITY hereby approves the Development as shown on the following exhibits. The <br />DEVELOPER shall develop the subject properties in accordance with the general plans shown on <br />the exhibits. If, however, the exhibits vary from the written terms of this Agreement, the written <br />terms shall control. The exhibits marked approved by the City Council on September 25, 1995 <br />include: <br /> <br />a. Site plan. <br />b. Preliminary Plat <br />c. Elevations. <br />d. Grading plan. <br />e. Utility plan. <br />f. Landscape plan. <br /> <br />4. Grading <br /> <br />Grading plans will be approved if they are in conformity with the approved preliminary grading plan, <br />and provided that the conditions set forth below, which relate to the grading process, have all been <br />satisfied. <br /> <br />5. Compliance with Laws and Regulations. <br /> <br />The DEVELOPER represents to the CITY that the proposed Development complies with all City, <br />County, Metropolitan, State, and Federal laws and regulations, including but not limited to: <br />Subdivision Ordinances, Zoning Ordinances and Environmental Regulations. The DEVELOPER <br />agrees to comply with such laws and regulations. <br /> <br />6. Rezoning. <br /> <br />The CITY conducted hearings to consider the rezoning of the Subject Property from R-l Single <br />Family Residential and B-1 Limited Business to PUD Planned Unit Development. The CITY agrees <br />to rezone the Subject Property to PUD, subject to the DEVELOPER's strict compliance with the <br />approved plans, and the terms and conditions of this agreement. (Minor variations from the <br />approved plans may be approved by the CITY's Design Review Committee, under the direction of <br />the Community Development Director). Substantial departures from the approved plans will require <br />an amendment to the Planned Unit Development in accordance with Section 1008 of the Roseville <br />Zoning Ordinance. Failure by the DEVELOPER to commence development activity, in accordance <br />with the Final Development Plans, within one year following the final approval of this Planned Unit <br />Development will necessitate the approval of an extension of the development schedule by the City <br />Council prior to the expiration of the one year period. If an extension is not applied for, the Council <br />may instruct the Planning Commission to initiate rezoning to the original zoning district. <br /> <br />- 3 - <br />