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(Rev. <br /> <br />Subd. 4. <br /> <br /> (a) <br /> <br />(c) <br /> <br />(A) <br /> <br />If, after one (1) year from beln9 granted Site Plan <br />approval the Plan as permitted by the approval snell <br />not have been Initiated, then Such approval shall <br />become null and void unless a request by petttton for <br />an extension of ttme has ~een made to and granted by <br />the Ctty Council. Such extension shall be requested <br />In wrlttng thtrty (30) days before the expiration of <br />the ortgtnal Site Plan approval. There shall ~e no <br />charge for the flllng of such petition. <br /> <br />(B) <br /> <br />The request for extension shall state facts sho~ng a <br />good faith attempt to complete or uttllze the use <br />permitted tn the Slte Plan approval. Such petltlon <br />shall be presented to the City Council for a <br />decision. <br /> <br />(c) <br /> <br />The ttme ltmlt established by this subparagrap~ (3) <br />may, at the discretion of the Council, be extended <br />for not more*than one (1) year by Ordinance or <br />Resolution duly adopted. <br /> <br />Slte Improvement Performance. Agreement and. Surety. <br /> <br />Upon Ctty Counc11 approval of a Slte Plan and prtor to the <br />tssuance of butldtng permits or tnltlatlon of work on the <br />proposed Improvement or development, the developer shall <br />execute a'Performance Agreement setttng out stte Improvement <br />items an; terms of completion of satd 1rems. The Performance <br />Agreement and any surety requlred therein must be approve; by <br />the City Attorney. <br /> <br />Any surety requtred by the Performance Agreement shall I~e <br />noncancellaole and shall guarantee conformance and compliance <br />wtth the conditions of the site plan approval, the Performance <br />Agreement an; the Ordinances of the Ctty. <br /> <br />The Ctty shall hold the surety f°r such pertoa of ttme as set <br />forth In the Performance Agreement. <br /> <br />(1) The surety may only I~e release~ by the Ctty Counct1. <br /> <br />(2) Periodically, the amount of the surety may De reduced Dy <br /> the Ctty Council. <br /> <br />(3) Reduction an; release actions wtll only be initiated after <br /> proper request has been made by the developer. <br /> <br /> <br />