2009-089 Council Resolution - Laserfiche WebLink

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16. The height of any plantings near the driveway must not interfere with sight lines • when fully grown. 17. The City native seed schedule shall be used in infiltration and ponding areas. 18. The gate must be installed on the trash enclosure. 19. The HVAC and fans on the east side of the building have created significant nuisance issues for the neighboring property. A noise fence shall be constructed around the HVAC equipment on the east side of the building in accordance with the plan approved by the City. 20. Section 2, Subd. 2.B.11. of the zoning code states that "A conditional use specified in the permit expires if, for any reason, the authorized use ceases for more than one (1) year." The VFW has ceased operating for more than one year. The conditional use permit for a private club, approved with Resolution No. 04 -18, is hereby recognized as expired. 21. The setback variances granted with Resolution No. 04 -18 continue to be in effect. 22. All permits and approvals required to comply with life safety requirements such as the building and fire codes must be obtained. 23. If a trail easement is deeded to the City along the 5 +' between the Lake Drive right of way and the parking curb, the plantings shown there on the landscaping plan need not be installed. XIV. VIOLATIONS /BUILDING PERMITS In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and /or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. October 12, 2009 North Springs Church Performance Agreement Page 9 of 10