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3 <br />LA515\89\959440.v3 <br />B. The Developer must obtain a sign permit from the City Building Official before <br />the installation of any subdivision identification signs. <br /> <br />C. All public trails shall be located within outlots, at least 30’ feet in width and either <br />be dedicated to the City in the plats or an easement in a form acceptable to the City <br />be provided. The title policy to be provided to the City shall insure the City’s <br />easement interests. <br /> <br />D. The Developer shall enter into a Landscape License and Maintenance Agreement <br />with the City in the City’s standard form that clarifies the individuals or entities <br />responsible for maintenance of any landscaping installed within homeowners’ <br />association and City outlots and rights-of-way before the release of the final plats for <br />recording. <br /> <br />E. The Developer shall provide a disclosure statement to all initial home buyers in <br />the Subdivision advising them of the location of the Lake Elmo Airport and <br />associated over-flights. The Developer shall encourage builders within the <br />Subdivision to incorporate interior noise reduction measures into single family <br />residential structures based on the Metropolitan Council’s Builder Guide. <br /> <br />F. The Developer shall incorporate the conditions listed by the City’s Landscape <br />Architect in the memo dated April 23, 2021 into the final construction/landscape <br />plans before the final plats are released for recording. <br /> <br />G. The Developer must address the comments listed by the Fire Chief in his memo <br />dated April 6, 2021 to the satisfaction of the Fire Chief in the Plans before the final <br />plats are released for recording. This includes, but is not limited to, building address <br />numbers must be plainly visible from the street fronting the property and shall be a <br />contrasting color from the background to the satisfaction of the Fire Chief. <br /> <br />H. The Developer shall grant the City a permanent roadway and utility easement and <br />a temporary construction easement that grant additional easement areas for the future <br />Village Parkway railroad crossing. Prior to the issuance of any building permits, the <br />Developer must provide the City with these executed easements in a form drafted and <br />approved by the City Attorney. <br /> <br /> 3. Amendment Controls; Ratification and Affirmation. In the event that the terms of <br />this Amendment and the Agreement are held to be inconsistent, the terms of this Amendment shall <br />control. The parties each agree and warrant that, in all other respects, the Agreement is <br />unmodified, in full force and effect, and each party hereby ratifies and affirms the Agreement and <br />any terms contained therein not otherwise modified by this Amendment. <br /> 4. Counterparts. This Amendment may be executed in counterparts, each of which <br />shall be deemed an original but all of which, taken together, shall constitute one and the same <br />instrument. Each party may rely upon facsimile or electronic mail counterparts of this Amendment <br />signed by the other party with the same effect as if such party had received an original counterpart <br />signed by such other party.