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<br />. ~ <br /> <br />'" ., <br /> <br />e <br /> <br />,.-..., <br /> <br />e <br /> <br />......... <br /> <br />-. <br /> <br />~UL-~~~~~~ ~~.~~ <br /> <br />~11 T ur VH.1JNH1~ NU'~ <br /> <br />bl~ q~ ~~~~ ~.~/26# <br /> <br />.;, .. <br />....'1 . <br />. ..' <br /> <br />, VADNAIS SQUARE <br /> <br />DEVELOPMENT AGREEMENT <br /> <br />Article 7 <br />As the Developer complies by completing the site conditions defined under Artide 5 and <br />upon written notice to the City, the City shall release all or any portion of the financial <br />guarantees. However, in no event shall the City release more than an amount equal to 1250,'0 <br />of the cost to complete an remaining site conditions in a particular phase(s) of development. <br /> <br />Article 8 <br />The Developer agrees to reimburse the City for all reasonable costs for City Attomey, <br />Planner, Engineering, Traffic and Environmental consulting incurred by the City during the <br />review, administration and inspection of this development and this agreement. Copies of all <br />invoices from City consultants will be forwarded to the Developer for their information. Any <br />claim disputed by the Developer will be further reviewed by the City, but the Developer <br />cannot unreasonably withhold payment of invoices. The Developer further agrees to pay all <br />invoices within 30 days from date of bill. Future City consultant costs, not including costs up <br />through the approval of this development agreement and costs associated with improvements <br />on or adjacent to County Road E, in excess of $10,000 need to be discussed with the <br />Developer in advance of the expenditure. <br /> <br />Article 9 <br />The terms and provisions of this Agreement shaH be binding upon and to the benefit of the <br />heirs, representatives, successors, and assignees of the parties hereto and shall be binding <br />upon all future owners of all or any part or phase of this development. The City may record <br />this document with the Ramsey County R~order. <br /> <br />Article 10 <br />This development is specifically to include a Target retail store and a non-warehouse type <br />grocery store. If those developments do not commence within the time period established in <br />Arttcle 3, the City Council may revert back to the previous Preferred Alternative Land Use <br />Plan. <br /> <br />Article 11 <br />Listed below are the City Planner's requirements that need to be worked into the final <br />development plans: <br />A. The landscape plan dated Odober 25, 1994 was approved conditioned on the <br />following: <br />1. Boulevard planting along County Road E shall continue the 4" caliper Summit <br />Ash along the entire length. When the bank and two free-standing sit-down <br />restaurants are developed, the boulevard tree spacing will be reviewed and <br />additional plantings may be required by the City at either the new <br />development (bank/restaurants) or current developer's expense, however, such <br />additional plantings shall not detrimentally affect the visibility of the <br />development's signage and tenants. The additional plantings shall be added <br />prior to occupancies on new facilities or monies escrowed as per Article 5. <br /> <br />-3- <br />