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196456v5 B. The Developer shall pay a fee in lieu of the required replacement trees not installed on the site that shall equal the cost of materials and installation, plus ten percent. The required fee shall be paid prior to the issuance of development permits. C. If a tree that was required to be preserved is removed or damaged so that it is in a state of decline within two growing seasons from the date of the project closure, it must be mitigated at a rate of 2:1, or two caliper inches of trees replaced for every caliper inch of tree removed. The City may use the performance guarantee provided for the Landscape Plan to accomplish this. 17. SPECIAL PROVISIONS. The following special provisions shall apply to the Development: A. Developer is responsible for the construction and maintenance of the retaining wall within the easement area for the lift station as shown on the approved Plans. B. Developer is prohibited from parking vehicles or storing materials on the paved surface adjacent to the lift station. C. Developer will enter into and record a Maintenance Agreement with the Rice Creek Watershed District for the maintenance of the stormwater basins as shown on the approved Plans. A copy of the recorded Maintenance Agreement will be provided to the City prior to the issuance of development permits. D. Developer agrees that if in the event the Rice Creek Watershed District fails to enforce the Maintenance Agreement for the stormwater basins, the Developer will allow the City to access the property, perform the necessary maintenance, and assess the costs back to the property owner. E. Developer will relocate the driveway for the existing single-family dwelling from New Brighton Road to Thom Drive prior to the issuance of a building permit for Lot 1 or Lot 2, or the Developer shall submit a cash escrow in the amount of $2,850.00 to the City to ensure the relocation of the driveway within six (6) months from the City approval of the final plat.