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DRAFT 4.15.2004 • any, under no circumstances shall the Citybe responsible or liable for any construction delays of p any kind, costs, or the inability of the City to complete the City's share of utility improvements contemplated in this Agreement, if any. 2.05. Temporary Roads and Other Construction. If construction of the Improvements results in the construction of temporary roads or other ways, or other temporary improvements or modifications to the Property or any other property, the Developer shall, as a condition precedent to the City's final acceptance of the Improvements, remove all such temporary improvements and otherwise return such property to the condition it was in prior to construction of the Improvements; provided that the City may in its sole discretion, waive or modify the requirements of this Section 2.05 by writing approved by the City Council and executed by the City. 2.06. Parking and Storage. The Developer agrees to provide adequate parking and storage area for workers, equipment, construction materials, or other items associated with the Improvements. Existing public roadways or right-of-ways shall not be utilized for these purposes except as allowed by the City. 2.07. City's Access. The Developer hereby grants the city, its agents, employees, officers and contractors a non-revocable license to enter the Property to perform all work and inspections deemed appropriate by the City related to said development. III ARTICLE THREE ADDITIONAL PROVISIONS 3.01. Platting Requirements. The Developer shall plat the Property consistent with the preliminary plat of HIDDEN HOLLOW approved by the City Council in Resolution No. on , 2004, subject to the conditions and requirements contained in the authorizing resolution, the Mounds View City Code and state statutes. Subject to the conditions and requirements contained in the authorizing resolution, the Mounds View City Code and state statutes, Developer shall seek final plat approval of HIDDEN HOLLOW from the City. If the City grants final plat approval, Developer shall cause the final plat of HIDDEN HOLLOW to be recorded with the Ramsey County recorder and provide the City with a reproducible mylar copy of said plat. 3.02. Property Monumentation. The Developer agrees to provide sufficient property monumentation (temporary), installed by or under the direction of a registered land surveyor, prior to and during the course of the Improvements to ensure proper layout. The Developer further agrees to install all subdivision monumentation (permanent) within one year from the date of recording of the plat, or the monumentation shall be installed on a per-lot basis at the time a building permit for the subject lot is issued, whichever occurs first. At the end of the one-year period, the Developer shall submit to the City written verification by a registered illland surveyor that the required monuments have been installed throughout the plat. SJR-245249v4 MU205-29 E-6