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behalf contains or will contain any untrue statement of material fact or omits any material fact, the <br /> omission of which would be misleading. <br /> G. The Developer has sufficient funds or has obtained a commitment for financing in <br /> an amount adequate to fmance construction of the Improvements. <br /> ARTICLE TWO <br /> CONSTRUCTION OF IMPROVEMENTS <br /> 2.01. Agreement to Construct Improvements. The Developer agrees to construct the Improvements, <br /> including the street, grading, drainage, landscaping and other improvements required by City <br /> ordinance for development of the Property. The Improvements are more fully described in the plans <br /> and specifications approved by the City, which are entitled O'Neil property PUD Plan, were <br /> prepared by Sunde Engineering,Artech Design Group,Inc., and Boarman Kroos Pfister Vogel and <br /> Associates and are date-stamped May 11, 1998 (the "Plans"). A final copy of the Plans must be <br /> filed with the City prior to commencement of construction of the Improvements. All labor and work <br /> performed by the Developer in connection with construction of the Improvements will be done and <br /> performed in the best and most worker-like manner and in strict conformance with the Plans. Any <br /> deviation from the Plans must be approved in writing by the City. Construction of the Improvements <br /> shall be completed no later than one year from the issuance of the Building Permits required herein. <br /> 2.02. Obtaining Permits. The Developer shall obtain in a timely manner and pay for all permits, <br /> licenses, and approvals required in connection with construction of the Improvements. The <br /> Developer shall meet in a timely manner the requirements of all applicable local,state, and federal <br /> laws and regulations which must be met before the Improvements may be lawfully constructed. <br /> Specifically, prior to obtaining any building permits or grading permits as required under this <br /> Section 2.02 or otherwise,the Developer shallvcomploete the following requirements: <br /> A. The Developer shall obtain permit approval from the Minnesota Department of <br /> Transportation(MNDOT)for the construction of deceleration/acceleration lanes onto <br /> Trunk Highway 10,the construction of two access drives to the property,and for any <br /> regrading within the MNDOT right-of-way.The Developer and the City shall jointly <br /> work with MNDOT concerning the construction of the relocation and realignment <br /> of Edgewood Drive,median and turn lane work on Highway 10, signal construction, <br /> and other improvements to provide access to the site as approved in the letter dated <br /> May 11, 1998. <br /> B. The Developer shall enter into this Agreement with the City. Surety will need to be <br /> provided in an amount to be determined by the Director of Community Development <br /> for construction of the Highway 10 and Ramsey County right-of-way improvements <br /> unless either MNDOT or Ramsey County require such surety as a part of their <br /> respective agency permits. This Agreement shall be executed prior to the issuance <br /> of building permits. <br /> 3 <br />