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2. Permittee shall prepare new traffic counts for 15th <br />Street illustrating Peak Traffic Periods and shall <br />submit such reports for review by the City Planner <br />and City Engineer. Based upon the traffic studies, <br />the City shall determine if 15th Street needs to be <br />upgraded. If, as determined by the City's Staff, <br />additional gravel needs to be added to specific <br />trouble spots on 15th Street, Permittee shall pay <br />100% of the cost of adding such gravel. If, based <br />upon the new traffic counts, the City determines <br />that a road improvement project for 15th Street is <br />necessary, Permittee agrees to pay for 450 of the <br />cost of such improvement project. <br />3. The City Engineer shall inspect 15th Street on or <br />about May ist of each year and determine whether <br />present or reasonably projected usage requires <br />improvements to the road. If the City Engineer <br />determines that road conditions are impassable and <br />pose a public safety concern due to restrictive <br />access, the City may temporarily delay the use of <br />the road for the development of the final phase of <br />the greenhouse project but only until necessary <br />road maintenance or improvements are made or until <br />it is determined that no improvements are <br />necessary. <br />4. If Permittee ceases to use 15th Street for access <br />to the Subject Property prior to a City decision to <br />order a road improvement, lender's assessments for <br />such improvement project shall then be based upon <br />Lake Elmo's normal means of assessments for road <br />improvements. <br />5. All special assessments for needed road <br />improvements shall be assessed against the Subject <br />Property over the same period as any other <br />properties adjacent to the Subject Property. <br />L. Permittee shall submit an erosion control plan for the <br />final build -out phase and shall be approved by the City <br />Engineer. <br />M. No use allowed under this CUP shall cause pollution nor <br />shall any hazardous materials be stored on the Subject <br />Property other than those required for operation of such <br />greenhouses. <br />5.0 All prior resolutions approved by the City relating to <br />the use of the Subject Property are hereby rescinded and this <br />Resolution shall control the use of the Subject Property. <br />W <br />