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. SILVERVIAsT A TES PLANNED UNIT DEVELOPMENT . . Development Contract Prior to issuance of any building permits or grading permits, or any clearance of vegetation and prior to the final plan approval, the property owner/developer shall enter into a development contract in accordance with Section 1006 of the Mounds View Municipal Code. The development contract shall require the property/owner developer to post surety in an amount and form acceptable to the City Attorney and the Director of Public Works prior to issuance of any building permits. to guarantee construction of any public improvements and to post surety guaranteeing completion of any private, on-site improvements if the property owner/developer desires to obtain certificates of occupancy before improvements are complete. The development contract shall require the property owner/developer to reimburse the City the full cost for any and all outside consulting services used in the processing of this PUD. . Construction In accordance with Section 1120.04 of the Mounds View Municipal Code. construction shall commence within one year after the approval of a final plan for the PUD. Construction may be accomplished in phases. Failure to commence construction within one year shall, unless an extension shall have been granted, automatically render void the approval of the PUD. In such case, the City Council shall adopt a resolution repealing the PUD plan, and re-establishing the PUD plan shall require a new application, review and approval. I 7. Accessory Buildings; Outdoor Storage No accessory buildings shall be permitted in this PUD except trash enclosures. No outdoor storage of any type other than parking of customer and employee vehicles dUring business hours shall be permitted. Merchandise shall not be displayed on the sidewalk in front of the gas station/convenience market/fast food or car wash buildings, or outside of any building in this PUD, subject to passage of a city-wide ordinance establishing this requirement for all convenience stores. SIL VERVIEW ESTATES PLANNED UNIT DEVELOPMENT 2704-2740 HIGIIWA Y 10 & 7801 SILVER LAKE RD PAnE 4 OF II 8. Tree Preservation In its undeveloped state, this site includes areas of mature trees. A determination shall be made at the time of development plan approval which mature trees and tree stands-if any-are to be preserved. Effort shall be made to preserve trees where possible, including the use of setback and buffer areas, and parking lot islands. The property owner shall address problems with infectious tree diseases such as oak wilt as directed by the City Forester. During the lifetime of this project, If trees die due to natural causes or must be cleared because of tree diseases, the property owner shall be responsible for replacing them with trees of at least 2-1/2" caliper and of similar species, as directed by the City Forester. During construction, the property owner and/or developer shall be responsible for installation of protective fencing around trees and tree stands which are to be preserved so construction activity does not damage the trees or their root systems, and die off from construction disturbance does not occur. The type of fencing and its placement shall be approved by the City Forester prior to issuance of any grading or building permits. The property owner and/or developer shall be responsible for maintaining the fencing in good repair throughout construction and for assuring construction activity and the parking of equipment is kept out of these areas. 9. Landscaping; Highway 10 Design Theme A detailed landscaping plan showing species. numbers and sizes of all plant materials shall be provided as part of the development stage plan. The overall character of the landscape plan shall create a lush.. high quality appearance, with allowance made for visibility of the PUD development from Highway 10. In conjunction with the replatting of the property, the property owner shall grant an easement to the City lim L1Q1 feet in width along the Highway 10 frontage for use in implementing a Hiohway 10 design theme as provided in Section 19 . I MOUNDS VIEW PLANNING CASE NO. 502-97 EXHIBIT 1 OF RESOLUTION NO. 5184 APPROVED BY TI IE MOUNDS VIEW CITY COUNCIL ON DECEMAER 8, 1997