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1 J <br />~ ~ ~ 1 <br />. .~~~Ir~l,rl <br />Canditional Uses fat Allowede <br />.., <br />1® Those conditional uses permitted in the R~4 <br />Distric t <br />2® Those principal uses permitted in the R-~3 <br />and R~4 Districts® <br />~b~ The use of Parcel L shall be restricted to a <br />hardware and related items retail sales store <br />~O Maintenance of Areas of Joint Use; Com rcial ®wners <br />Assoc'ation ~ The Developer shall pravide e ldence of <br />satisf story provision for control and mai tenance of <br />jointly sad or commonly owned areas in t e parcels <br />designate for commercial use If recip oval easement and <br />maintenanc agreements provided prior t issuance of <br />building pe its are unsatisfactory to the City in its sole <br />discretion, e Developers shall crea a an owner's <br />association b ore any building perm'ts are issued for the <br />commercial pare is ® Prior to the fling of the owner's <br />association docu eats or easement nd maintenance agree <br />manta with Sherbu ne County, they shall be submitted to the <br />City Attorney for eview and com fiance with this Agreement <br />so as to ensure sate factory co rol, ownership, and <br />maintenance® <br />g~~ Assessments ~ The arti s mutually agree that all <br />public improvements installs by the City related to the <br />Development shall be assessed rsuant to the procedures <br />specified in Chapter 429 of Mi esota Statutes <br />1D~} Park, Trail, and P nd D dication °~ The Developers <br />will contribute an amount e ual to ten percent ~10~3 of the <br />fair market value of all r sidentia land included in the <br />Development to the City's park fund® The fair market value of <br />land will be determined y an indepen ant fee appraiser <br />selected by the City® he ten percent ~14~~ contribution for <br />each residential phase of the Developrne t shall be paid as a <br />condition to final ap royal of that phas of the Development <br />and prior to any con traction on that pha m <br />lla~ Sidewalk ~ Concrete sidewalks, in such widths and in <br />such location as squired by the City's apple able ordinance in <br />effect at the ti e of final plat approval, sh 1 be constructed <br />for lands withi the Development contemporaneo ly with the <br />improvement of treets~ The City will consider reasonable <br />exceptions to idewalks as each parcel is presen ed for <br />approval, and decisions as to said exceptions sha 1 be within <br />the sole des ration of the City, <br />12®~ treat Li hts The Developers agree to pr vide and <br />the City rasa to accept a street lighting system f o each <br />parcel pu~suant to the applicable ordinance and Counci policy <br />in of fec at the time of the final approval. <br />5® <br />