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• <br />• <br />• <br />The Village No. 5 <br />Development Contract <br />May, 2013 <br />B. Notices <br />1. Whenever in this agreement it shall be required or permitted that notice or <br />demand be given or served by either party to this agreement to or on the <br />other party, such notice or demand shall be delivered personally or mailed by <br />United States mail to the addresses hereinbefore set forth on Page 1 by <br />certified mail (return receipt requested). Such notice or demand shall be <br />deemed timely given when delivered personally or when deposited in the <br />mail in accordance with the above. The addresses of the parties hereto are as <br />set forth on Page 1 until changed by notice given as above. <br />C. Final Plat Approval <br />The City agrees to give final approval to the plat of the Subdivision upon execution <br />and delivery of this agreement and all required petitions, bonds, security, and <br />documents including the following: <br />1. The developer shall submit an executed development agreement and all <br />documents, fees and securities required therein prior to release of the <br />signed Final Plat. <br />2. The developer shall record the plat within 90 days after the date of <br />approval, otherwise the approval of the final plat shall be considered void, <br />unless the developer requests and receives an extension from the City <br />Council. <br />3. A Sign Permit application shall be submitted and approved by the City <br />Staff prior to installation or construction of any signage. <br />4. A Grading Permit application shall be submitted and approved by City <br />Staff prior to any grading or site work. <br />5. A Building Permit application shall be submitted and approved by City <br />Staff prior to any construction. <br />6. A variance increasing the maximum right of way setback shall be <br />approved by the City Council. <br />7. A photometric and lighting plan shall be submitted and approved by the <br />City Staff. <br />8. The Southeast (Street) Elevation main entrance facade shall be all brick as <br />shown on the original elevation sheet submitted March 11, 2013. <br />9. A decorative window or louver shall be incorporated into the shake /gable. <br />10. Documentation from MnDOT stating the concerns from their April 4, <br />2013 letter have been addressed. <br />11. A copy of the Rice Creek Watershed District permit shall be submitted to <br />the City. <br />12. All comments from the City Engineer Letter dated May 1, 2013 shall be <br />addressed. <br />13. Upon the City's acquisition of Outlot B of The Village No. 3, the City will <br />work with the Developer to execute an access easement across the portion <br />page 11 <br />