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CR 98-099 Conditional Use Permit Agreement Surpervalu Development ProjectSeptember 9, 1998 Proposed Action O P K ` C SUPERVALU REDEVELOPMENT PROJECT -- CONDITIONAL USE PERMIT AGREEMENT Staff recommends adoption of the following motion: Approve and authorize execution of a Conditional Use Permit Agreement with SuperValu, Inc. With approval of this action, this agreement will be executed. It will be understood that with this action staff is authorized to make minor changes to the agreement that do not change the overall intent. Overview The development agreement for this project (dated July 20, 1998) describes in general the public improvements that are required to be completed by SuperValu. Section 4.4 of this agreement states "Public improvements and the process of their design and construction will be more particularly described in the Conditional Use Permit/Development Agreement to be entered into by the City and redeveloper prior to closing ...." The attached agreement, which has been prepared by the City Attorney's office, identifies in detail the specification standards that SuperValu will need to comply with in constructing these public improvements. These are specifically identified in Exhibit B of the agreement. The agreement has been prepared based on input from the Public Works department. SuperValu has also been provided a copy for their review. Failure to construct the public improvements as detailed would place SuperValu in default with both the CUP and the development agreement. Supporting Documents • Conditional Use Permit Agreement Alternatives 1. Approve the agreement as presented by staff. 2. Approve the agreement with changes. This agreement needs to be approved and executed prior to closing, which is scheduled for October 1, 1998. There are no Council meetings scheduled prior to that time; therefore, any changes would need to be detailed on the 15th, or the closing would need to be postponed until after October 6, 1998 (next regularly scheduled Council meeting). Council Report 98 -099 Vesely, Miller & Steiner, P.A. Draft 08/21 /98 CONDITIONAL USE PERMIT AGREEMENT This Conditional Use Permit Agreement (this "Agreement ") is made and executed this day of , 1998, by SUPERVALU INC., a Delaware corporation ( "Owner ") in favor of and for the benefit of the City of Hopkins, Minnesota ( "City "). RECITALS Owner is the fee owner of real property located in the City of Hopkins, Hennepin County, State of Minnesota, legally as described in Exhibit A attached hereto and incorporate herein by reference. The real property described in Exhibit A hereto is hereinafter referred to as the "Real Property ". B. Owner applied to the City for a Conditional Use Permit to construct and operate an office /warehouse facility and related improvements (the "Project ") on the Real Property. C. On July 7, 1998, the City Council of the City adopted it Resolution 98-40 (the "CUP Resolution ") approving Conditional Use Permit No CUP 98 -5 (the "Conditional Use Permit ") for the construction of the Project on the Real Property, subject to the terms, conditions and restrictions stated in this Agreement, the CUP Resolution and in the Conditional Use Permit. As a condition of c:\file\hopcivil \conduse.sup such approval, the City has required Owner to construct, install and pay for the Public Improvements defined and identified in Paragraph 2 of this Agreement and to execute and record this Agreement. Owner has agreed: i) to accept such terms, conditions and restrictions, ii) to execute this Agreement, and iii) to record this Agreement as a servitude upon the title to the Real Property. NOW, THEREFORE, in consideration of the foregoing Recitals and the issuance of the Conditional Use Permit, Owner agrees to the terms and conditions stated in this Agreement and declares that all of the Real Property and the Project shall be held, transferred, leased, occupied, used and developed subject to the following terms, covenants, conditions and restrictions: 1. Recitals Incorporated. The foregoing Recital Paragraphs A through C, are incorporated in and made a part of this Agreement in their entirety. 2. Public Improvements. Owner shall construct, install and pay for all of the facilities and improvements described in Exhibit B to this Agreement, (except that the City shall reimburse Owner for the cost of milling and overlay work on existing Third Street South as provided in Exhibit B hereto) which facilities and improvements are herein referred to as the "Public Improvements ". The Public Improvements shall be completed in accordance with i) the terms and conditions stated in said Exhibit B, ii) the Plans defined and identified in Paragraph 3 of this Agreement; and iii) all of the other terms of this Agreement. Owner's obligation to construct, install and pay for the Public Improvements shall include completion of and payment for any and all change order work or extra work required during the course of construction to complete the Public Improvements in compliance with the requirements of this Agreement. 3. Identification of Plans. The Project shall be developed and the Public Improvements constructed and completed in accordance with the following plans which are hereinafter collectively c: \file\hopcivil \conduse.sup referred to as the "Plans ". The Plans shall not be attached to this Agreement. If any of the Plans are designated as "Preliminary ", such Plan(s) shall, subject to City approval, be modified, at Owner's expense, after the date of this Agreement to be suitable for final construction purposes before commencement of any of the work described or depicted in the Plan in question or issuance of a building permit for the Project. At such time as a preliminary Plan has been replaced by a fmal Plan approved by the City, all references in this Agreement to such Plan shall refer to the final Plan. In the event of any conflict or inconsistency between the Plans and the provisions of this Agreement, the provisions of this Agreement shall control. The Plans are Description of Plan Plan A Preliminary Site Plan prepared by Planmark and Westwood Professional Services, Inc.; dated June 5, 1998, as revised June 23, 1998. Plan B Preliminary Landscaping Plan prepared by Arteka Corporation and Planmark, Inc., dated May 8, 1998. Plan C Preliminary Grading Plan prepared by Planmark and Westwood Professional Services, Inc., dated June 5, 1998. Plan D Preliminary Utility Plan prepared by Planmark and Westwood Professional Services, Inc., dated June 5, 1998. . 4. Construction Standards and Procedures. The Public Improvements shall be constructed and installed in accordance with City standards, codes, regulations and ordinances. All plans and specifications for the Public Improvements shall be prepared and certified by a registered professional engineer ( "Owner's Engineer ") approved by the City, and shall be furnished to the City and approved by the City Engineer prior to issuance of a Building Permit for the Project. The City Engineer shall review and approve preliminary and fmal design plans and contract specifications for the Public Improvements. Review and approval of plans and specifications for the Public c: \file\hopcivil\conduse.sup 3 Improvements shall also include at least one (1) public information meeting with neighborhood residents and property owners and final approval by the Hopkins City Council, and the design and . construction schedule for the Public Improvements must allow sufficient time for public meeting(s). Owner shall retain a qualified inspector or engineer experienced in inspection and supervision of road construction ( "Owner's Inspector ") to perform full -time site inspections of the Public Improvements during the course of construction. Owner shall require Owner's Inspector to cooperate with and respond to requests and questions from the City's Engineer and City Inspectors to confirm that construction of the Public Improvements is being completed in accordance with the Plans and all applicable ordinances, regulations and standards. As provided in Paragraph 7 of this Agreement, Owner or Owner's Inspector shall notify the City Engineer when the Public Improvements, or any portion thereof, are completed and ready for a final inspection. As part of its completion of the Public Improvements, Owner shall restore all City streets, utilities and other public facilities and property disturbed or damaged as a result of Owner's construction activities, including the construction of the Public Improvements, to substantially the same condition as existed prior to commencement of construction. Within sixty (60) days after the completion of the Public Improvements, Owner shall supply the City with the following: (a) a complete set of reproducible mylar as-built plans, (b) two complete sets of utility tie sheets, (c) location stationing and swing ties of all utility stubs, (d) benchmark network and (e) digital as- builts conforming with the following requirements: (i) Digital Files in Microstation DGN Format in NAD 83 Hennepin County Ground Coordinates. (ii) All Cell Libraries and Line Styles shall be included. (iii) Level structure shall conform to current Hopkins Level Structure. c:tfile\hopcivillconduse.sup 5. License. Owner hereby grants the City, its agents, employees and inspectors a license to enter the Real Property, as necessary, to perform all work and inspections deemed appropriate by the City in conjunction with construction of the Public Improvements. 6. Platting and Easements. Prior to the issuance of a Building Permit for the Project, Owner shall complete the following: c: \file\hopcivil \conduse.sup Owner shall plat or replat all of the Real Property, at Owner's sole expense, in compliance with the ordinances, statutes and requirements of the City, Hennepin County, Minnesota, and the State of Minnesota. Such plat or replat shall include the dedication to the City by Owner of all additional public right -of -way area necessary to construct the public streets as shown in Plan A (the Preliminary Site Plan) including, but not limited to, the following public streets, at no cost to the City: i) Dedication of a 66 foot wide public right -of -way for the west frontage road to U.S. Highway 169, in the location shown on Plan A. ii) Dedication of additional public right -of -way on the south side of Third Street South sufficient in width to provide for the right turn lane shown in Plan A, plus an additional ten feet of right -of -way south of the curb line for the right turn lanes. iii) Dedication of additional public right -of -way on the north side of Fifth Street South as required for the realignment of Fifth Street South to the north, as described in Paragraph 3 of Exhibit B to this Agreement. This will require dedication of approximately seventeen (17) feet of new right -of -way north of the present right -of -way of Fifth Street South. Owner shall also acquire a permanent easement for public road purposes, the area of which shall be sufficient to permit the construction of the intersection of Fifth Street South and Second Avenue South as shown in Figure 3 of the June 12, 1998 Memorandum from Benshoof and Associates, from the owner(s) and lienholder(s) of the property over which such easement is to be located. The terms and conditions of such permanent road easement shall be acceptable to the City, in the City's reasonable discretion. Upon completion of acquisition of such permanent road easement, the City shall reimburse Owner for the actual out -of- pocket cost of acquisition of the easement paid to the owner(s) or lienholder(s) of the affected property, but excluding any third party expenses, consultants' or attorneys' fees incurred by Owner in connection with the acquisition of such permanent road easement. 7. Acceptance of Ownership of Public Improvements. Upon completion of construction of the Public Improvements, and final acceptance and approval of the Public Improvements by the City, all of the Public Improvements located within or upon any public easements, rights -of -way or City - owned land shall become the sole property of the City, and Owner shall convey the Public Improvements to the City free and clear of all liens and encumbrances. At such time as the Public Improvements have been completed, Owner's Inspector, representatives of Owner's contractors, and a representative of Owner's Engineer will make a final inspection of the Public Improvements with the City Engineer. The City Engineer shall be entitled to review and approve any punch list items or lists of incomplete or defective work comprising the Public Improvements to be submitted by Owner or its representatives to the contractor(s) responsible for completion of the Public Improvements to assure that the same are completed in accordance with the requirements of this Agreement. As a condition of its acceptance of title to any of the Public Improvements, the City shall receive from Owner written evidence, in form and content reasonably acceptable to the City, that Owner has caused all incomplete or defective work to be completed or corrected and has made payment in full for all work comprising the Public Improvements. Before the City accepts title to the Public Improvements, the City Engineer shall be satisfied that all of the Public Improvements have been satisfactorily completed in accordance with the Plans and the requirements of this Agreement and that Owner has made payment in full for all of the work comprising the Public Improvements. Final acceptance of the Public Improvements by the City shall be evidenced by a resolution duly adopted by the City Council of the City. 8. Warranty. Owner warrants that all work comprising the Public Improvements shall be free from defective materials or faulty workmanship for a period of two (2) years after acceptance c:lfile\hopcivillconduse.sup of the Public Improvements by the City as evidenced by a resolution duly adopted by the City Council, except that trees and landscaping plantings shall be warranted for twelve (12) months from the date of planting. All work and materials comprising the Public Improvements which are found to be defective within two years after acceptance thereof by the City (or twelve (12) months from the date of planting in the case of landscaping improvements) shall be replaced by Owner by Owner's sole expense. 9. Reimbursement of Costs to City. Owner shall reimburse the City for all out-of- pocket costs incurred by the City in connection with the preparation, negotiation and execution of this Agreement and the administration, performance and enforcement of this Agreement. Such out- of-pocket costs to be reimbursed by the Owner shall include, but are not limited to, all fees due to consultants retained by Owner, whether incurred before or after the date of this Agreement, including surveying, engineering, inspections or legal services.. Such reimbursements shall be made to the City within thirty (30) days after the date of delivery of a written request for reimbursement to Owner, which shall include copies of all invoices and statements for out -of- pocket costs for which reimbursement is being requested. Should Owner fail to reimburse the City for out -of- pocket costs within said thirty (30) day period, the City shall be entitled to withhold all inspections, approvals, permits and certificates of occupancy for the Project until Owner has paid all out -of- pocket expenses, in full. 10. On -Site Improvements. All storm sewer, storm water run -off and storm drainage improvements located on the Real Property shall be completed by Owner, at Owner's expense, in accordance with the Plans and all governmental requirements. The earth berm to be constructed by c: \file \hopcivil \conduse.sup Owner on the north side of the Real Property, south of Third Street South, shall be constructed to • a height of eight (8) feet. 11. Other Governmental Approvals. Owner shall obtain, all required approvals and/or permits from the Minnesota Pollution Control Agency, Minnesota Department of Transportation, Hennepin County, the Nine Mile Creek Watershed District and any other governmental authorities whose approval is required for the construction of the Public Improvements and operation of the Project on the Real Property. Owner shall maintain all such required permits and comply therewith at all times. 12. Time of Performance. Owner shall commence construction of the Public Improvements no later than June 1, 1999. Owner shall substantially complete construction of any public roadway improvements comprising part of the Public Improvements no later than October 15, 1999, and substantially complete construction of all of the Public Improvements no later than June _ 1, 2000. Owner acknowledges it has been advised that Subdivision 7 of Section 525.13 of the Hopkins City Code of Ordinances requires that Owner's use of the Project be in effect within one (1) year after the date of issuance of the Conditional Use Permit, subject to extension of such one (1) year period, hi accordance with said Subdivision 7. 13. Compliance With Conditional Use Permit Requirements. Owner agrees that it shall complete the Public Improvements and construct, complete, maintain and operate the Project at all times in compliance with this Agreement, the Conditional Use Permit, the CUP Resolution and the provisions of the. City's Code of Ordinances, including, but not limited to Hopkins City Ordinance Section 525.13. The terms, conditions and restrictions established by this Agreement, the Conditional Use Permit and the CUP Resolution shall run with the title to the Real Property and c: \file\hopcivil \conduse.sup apply to and bind the Owner and each and every subsequent owner of any part of the Real Property and their respective successor and assigns, and shall operate as a covenant passing with the title to the Real Property and any part thereof. All of said terms, conditions and restrictions are imposed upon the Real Property as a servitude in favor of the City of Hopkins, Minnesota, for its benefit only The terms, conditions and restrictions established by this Agreement are perpetual in duration, except as may be specifically otherwise provided in this Agreement. The terms, conditions and restrictions established by this Agreement may, however, be terminated and released at any time, in whole or in part, by the City by means of a written Release, in recordable form, duly executed by the City, provided that the City shall be under no obligation to release any of such terms, conditions or restrictions except that, upon satisfactory completion of the Public Improvements in compliance with the requirements of this Agreement, the City shall execute and deliver to Owner a certificate, in recordable form, certifying as to Owner's compliance with the provisions of this Agreement applicable to construction of the Public Improvements. 14. Security and Claims. To guaranty Owner's compliance with the terms of this Agreement, payment of the cost of all Public Improvements and completion of construction thereof, Owner shall, prior to commencement of construction of the Public Improvements, deliver to the City a Letter of Credit, cash deposit or other security acceptable to the City and in favor of the City (the "Security ") issued by a bank or surety reasonably acceptable to the City. Owner shall be entitled to provide separate Security for separate portions or components of the Public Improvements, subject to the reasonable approval of the City. The amount of the Security for the landscaping improve- ments comprising a part of the Public Improvements shall be equal to 150 percent of the estimated cost of the landscaping improvements, as established by a written estimate submitted by Owner's c:\file\hopcivilkonduse.sup . landscaping contractor. The amount of the Security for the remaining Public Improvements, other than landscaping improvements shall equal 150 percent of the estimated cost of such improvements, as established by a written estimate from Owner's Engineer. The Security shall be conditioned upon Owner's completion of the Public Improvements and the form and content of the Security shall be subject to the reasonable approval of the City. Owner shall maintain the Security in effect for a term ending June 1, 2000 and shall deliver to the City the original Security expiring no earlier that said date. The City may draw upon or enforce the Security for any violation of the terms of this Agreement which is not cured within ten (10) business days after written notice to the Owner. If the Public Improvements are not completed at least thirty (30) days prior to the expiration of the Security, the City may also draw upon or enforce the Security. If the Security is drawn upon, the draw shall be used to cure the default and may also be used to pay or reimburse the City for any cost, expenses or damages recoverable under Paragraph 15 of this Agreement. With City approval, the Security may be reduced from time to time as the City receives evidence, in form and content reasonably acceptable to the City, that Owner has made payment of the cost of the Public Improvements, but in no case shall the Security be reduced to less than fifteen percent (15 %) of its original amount until the Public Improvements have been fully completed and accepted by the City. Upon completion of the Public Improvements, delivery of proof of payment therefore reasonably acceptable to the City, and acceptance thereof by the City, the balance of the Security shall be released to Owner. In the event the City receives notice of or claims from laborers, materialmen or others contributing to the Public Improvements that any amounts due them have not been paid when due, and such laborers, materialmen or others are seeking payment out of the Security or intend to assert c: \file\hopcivil \conduse.sup 1 0 claims against the City, the Public Improvements or the real property on which the Public Improvements have been installed, and if such claims are not fully resolved at least ninety (90) days before the Security will expire, Owner hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the Security in an amount up to 125 percent of the claims and deposit the amount so drawn with the District Court Administrator in compliance with said Rule 22, and, upon such deposit, Owner shall release, discharge and dismiss the City from any further proceedings as it pertains to the sums deposited with the District Court Administrator, except that the Court shall retain jurisdiction to determine attorneys' fees. Owner agrees that it shall protect, indemnify and hold the City and its agents, representatives and employees harmless from and against all costs, damages and liabilities, including reasonable attorneys' fees and Court costs, resulting from or incurred in connection with Owner's failure to comply with the terms, covenants, conditions and requirements of this Agreement. 15. Enforcement of Agreement. The terms, conditions, requirements and restrictions established by this Agreement shall be enforceable exclusively by the City of Hopkins, Minnesota, and shall be enforceable by injunctive relief, prohibitive or mandatory, to prevent the breach of or enforce performance or observance of the terms, conditions, requirements and restrictions established by this Agreement, or by any other available legal proceeding or remedy, including, but not limited to: b. All costs and expenses incurred by the City in curing any other default by Owner in the performance of any of the terms, covenants and conditions of this Agreement. c:lfilelhopcivillconduse.sup Legal proceedings to recover, collect, pay or reimburse the City for the cost of completing construction of the Public Improvements. 11 c. All reasonable costs and expenses for engineering, legal and administrative expenses incurred by the City in enforcing Owner's performance of this Agreement or the completion of construction of the Public Improvements. c:\file\hopcivil\conduse.sup Any other remedy or sanction provided by Minnesota Statutes or the Ordinances of the City of Hopkins. Owner acknowledges that the rights of the City to enforce performance of the terms, conditions, requirements and restrictions established by this Agreement are special, unique, and of an extraordinary character and that, in the event Owner violates or fails or refuses to perform any term, condition or restriction established by this Agreement, the City shall have no adequate remedy at law. Owner agrees, therefore, that in the event Owner violates any term, condition or restriction established by this Agreement, the City, may, at its option, initiate and prosecute an action to specifically enforce the performance of the terms, conditions and restrictions established by this Agreement. No remedy specified in this Agreement is intended to be exclusive, and each remedy shall be cumulative, and in addition to each and every other remedy. Failure of the City to enforce any of the terms, conditions and restrictions established by this Agreement in any particular instance shall in no event be deemed to be a waiver of the right to do so as to any subsequent violation. Owner agrees that Owner shall pay the City's reasonable attorneys' fees and expenses incurred in the enforcement of the terms, conditions and restrictions of this Agreement. 16. Notices. Any notice, request or other communication required or provided to be given under this Agreement shall be in writing and shall be deemed to be duly given when delivered personally to an officer of Owner or to the City Manager of the City or when mailed by first class United States Mail, postage prepaid, addressed as follows: 12 To Owner: SUPERVALU INC. Attention: To City: c: \file\hopcivil \conduse _sup 11840 Valley View Road Eden Prairie, Minnesota 55344 City of Hopkins Attention: City Manager 1010 First Street South Hopkins, Minnesota 55343 or to such other address as either party, by notice given as herein provided, shall designate. Mailed notice shall be conclusively deemed to have been given two (2) business days after the date of mailing. 17. Severability. Invalidation of any of the terms, conditions, provisions or restrictions of this Agreement, whether by Court Order or otherwise, shall in no way affect any of the other terms, conditions, provisions and restrictions, all of which shall remain in full force and effect. 18. Headings. The headings and captions at the beginnings of paragraphs of this Agreement are for convenience of reference only and shall not influence its construction. 19. Execution of Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument. 20. Construction. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. 21. Evidence of Title and Recordation of Conditional Use Permit. Prior to the execution of this Agreement, Owner shall provide the City with evidence of title to the Real Property, at Owner's expense, in the form of a current Title Opinion or Commitment for Owners' Title Insurance. Owner shall cause this Agreement to be executed by or consented to by all persons 13 holding any interest in the title to the Real Property, or lien thereon, as deemed necessary by the City. Owner agrees to cause this Agreement and the Conditional Use Permit to be filed for record as a restriction against the title to the Real Property. IN WITNESS WHEREOF, Owner has executed this Agreement as of the date and year first above written. STATE OF ) )SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1998, by , the of SUPERVALU INC., a corporation under the laws of Delaware, on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY: Vesely, Miller & Steiner, P.A. 400 Norwest Bank Building 1011 First Street South Hopkins, Minnesota 55343 c: \file\hopcivil \conduse.sup 14 SUPERVALU INC. By Its Notary Public EXHIBIT A DESCRIPTION OF PROPERTY Redevelopment Property All of Blocks 25 through 29, inclusive, and all of Blocks 43 through 47, inclusive Minneapolis, according to the recorded plat thereof, Hennepin County, Minnesota, including all tY adjacent vacated streets and alleys, and excepting the rights-of-way g of all public roads which have not been vacated and Highway No. 169. All that part of the Northeast Quarter of the Northeast Quarter of Section 25, Township Range 22, Hennepin County, Minnesota, lying South of the plat of West Minneapolis West Highway No. 169, except y t the of any public roads. pops and d Wst est EXHIBIT B DESCRIPTION OF PUBLIC IMPROVEMENTS 1. Construct pedestrian ways within public rights -of -way along: 1) Fifth Street South from Sixth Avenue South to Second Avenue /Southwest Frontage Road intersection; 2) Sixth Avenue South (east side of roadway) from Fifth. Avenue South/Third Street South intersection to Fifth Street South; and 3) West Frontage Road from Third Street South to Frontage Road/Second Avenue South intersection. Pedestrian ways to be ten (10) feet wide asphalt walkways with a minimum of six (6) feet boulevard width between walkway and curb. 2. Construct west frontage road (to be named Second Avenue South) from Third Street South to intersection with existing Second Avenue South. Road to be constructed to City standards, including, but not limited to: minimum thirty -two (32) foot pavement width, B618 concrete curb and gutter, nine (9) ton design pavement strength and side slopes of 1:4 or flatter. Construct associated storm sewer system to City standards. Reconstruct Fifth Street South from Sixth Avenue to the Second Avenue South intersection, including the upgrade of the Second Avenue and Fifth Street intersection and associated storm sewer system. Improvements and storm sewer are to be constructed to City standards. Reconstructed Fifth Street shall be realigned approximately twenty -five (25) feet north of its current alignment in accordance with "Fifth Street Alternative D ", as shown in the Benshoof and Associates Study, dated December 29, 1997. The new road must also include a 300 foot long, eight (8) foot wide parking lane area adjacent to Buffer Park. Construction will also include boulevard improvements, including a ten (10) wide asphalt trail, berms and landscaping, and relocation of two fire hydrants. Construct an auxiliary right turn lane on the south side of Third Street South between the west SUPERVALU exit at Fifth Avenue South and the western main truck entrance. Pavement construction must, at a minimum, match existing Third Street South pavement section regarding strength design and asphalt and base course thicknesses. Construction will also include a minimum six (6) inch milling crack filling and asphalt overlay of the existing Third Street South from 150 feet west of Fifth Avenue to Washington Avenue. The City of Hopkins shall reimburse SUPERVALU for the cost of the existing Third Street milling and overlay work. 5. Reconstruction of the existing intersection of Second Avenue South and Fifth Street South. The intersection shall be constructed with geometries substantially as per Figure 3 of June 12, 1998 Benshoof and Associates Memo. c:\file\hopcivil \publicimp.sup 6. The road crossing location for the ten (10) foot wide trail at the intersection of Fifth Street South and Second Avenue South shall be moved to the southeast to a location approved by the City. 7. Street lighting shall be installed by Owner along Third Street South, Fifth Street South and the new west frontage road (to be named Second Avenue South). Prior to installation of street lighting, Owner shall submit a lighting plan to the City showing the design of the street lights, height, type of lights and photometrics. Design and specifications for street lighting shall be subject to the approval of City staff. 8. Owner shall complete all landscaping work in accordance with and as shown in Plan B (the final Landscaping Plan submitted by Owner and approved by the City), and in accordance with the City's ordinances, policies and regulations. In addition to the landscaping improvements shown in preliminary Plan B, the final Landscaping Plan shall show and Owner shall also complete and install landscaping on the east side of the west frontage road (to be named Second .Avenue South) comparable to what is shown on the west side of the frontage road in preliminary Plan B. Plan B will be updated and a final landscaping plan shall be submitted by Owner, at Owner's expense, prior to building permit issuance, for approval by City staff. c:\file\hopcivil\publicimp.sup