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<br />196456v7 <br />removed. The City may use the performance guarantee provided for the Landscape Plan to <br />accomplish this. <br /> 17. SPECIAL PROVISIONS. The following special provisions shall apply to the <br />Development: <br /> A. Developer is responsible for the construction and maintenance of the <br />retaining wall within the easement area for the lift station as shown on the approved Plans. <br /> B. Developer is prohibited from parking vehicles or storing materials on the <br />paved surface adjacent to the lift station. <br /> C. Developer will enter into and record a Maintenance Agreement with the <br />Rice Creek Watershed District for the maintenance of the stormwater basins as shown on the <br />approved Plans. A copy of the recorded Maintenance Agreement will be provided to the City <br />prior to the issuance of development permits. <br />D. Developer agrees that if in the event the Rice Creek Watershed District <br />fails to enforce the Maintenance Agreement for the stormwater basins, the Developer will allow <br />the City to access the property, perform the necessary maintenance, and assess the costs back to <br />the property owner. <br /> E. Developer will relocate the driveway for the existing single-family <br />dwelling from New Brighton Road to Thom Drive prior to the issuance of a building permit for <br />Lot 1 or Lot 2, or the Developer shall submit a cash escrow in the amount of $2,850.00 to the <br />City to ensure the relocation of the driveway within six (6) months from the City approval of the <br />final plat. <br /> F. Developer shall remove or modify the deck on the existing single-family <br />dwelling at 3685 New Brighton Road in order to meet the side yard setback requirement and not <br />encroach on any drainage and utility easement prior to the issuance of a building permit for Lot 1