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<br /> <br />EXHIBIT B <br /> <br />Conditions: <br /> <br />1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED <br />OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL <br />PRIOR TO RELEASING THE PLAT FOR RECORDING. <br /> <br />2. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT <br />REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO <br />RELEASING THE PLAT FOR RECORDING. <br /> <br />3. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE <br />CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO <br />RELEASING THE PLAT FOR RECORDING. <br /> <br />4. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE <br />PLANS. <br /> <br />5. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT <br />ARE TO BE PRESERVED SHALL BE FENCED WITH A SNOW FENCE AT <br />THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE <br />OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT THE <br />FENCING PRIOR TO GRADING COMMENCING. <br /> <br />6. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS <br />LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR <br />HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. <br />FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK <br />AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY <br />INVESTIGATED AND WORK IS AUTHORIZED. <br /> <br />7. PARK DEDICATION SHALL BE PAID IN CASH FOR BOTH THE <br />RESIDENTIAL UNITS AND 10,000 SQUARE FEET OF COMMERCIAL. AN <br />EASEMENT FOR PUBLIC ACCESS SHALL BE GRANTED OVER OUTLOT A <br />TO ALLOW CONSTRUCTION AND USE OF THE RIVER WALK TRAIL. <br /> <br />8. THE CITY COUNCIL ACKNOWLEDGES THAT CERTAIN PORTIONS OF <br />THE BUILDING WILL ENCROACH INTO THE PUBLIC RIGHT OF WAY. <br />THESE ENCROACHMENTS WILL BE ALLOWED FOR FOOTINGS, <br />CANOPIES, AND DOOR SWINGS INTO THE PUBLIC RIGHT OF WAY, AS <br />THE CITY IS AUTHORIZING ZERO LOT LINE CONSTRUCTION TO <br />FURTHER THE TRADITIONAL DEVELOPMENT PATTERN OF THE <br />DOWN AREA. THE BUILDING OWNER SHALL MAINTAIN LIABILITY <br />INSURANCE TO INDEMNIFY THE CITY FOR ALLOWING THESE <br />ENCROACHMENTS. <br /> <br />S:\PLANNING\Case Files\2004\P 04-20 Bluff Block\Final Plat Resolution.doc <br /> <br />Page 4 <br />