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t <br />i <br />according to the DEVELOPMENT PLANS,. dr within the tirne frame required, the CITY may i <br />complete all work required of the DEVELOPER uhder.a CITY.contract,.The DEVELOPER shall <br />be. financially responsible for payment for this CM. work within thirty days of written billing by <br />the CITY. <br />4;3 GRniIJiYD MATTRLA,L, The DEVELOPER shall ensure that adequate and. <br />suitable ground material shall exist in the.areas of public street and utility improvements and shall <br />guarantee t11e rerrt4val, replacement or repair of substandard or unstable material. The cost of said <br />removal, replacement, or repair is the responsibility of the DEVELOPER. <br />4.4 GRADING/DRAINAGE PLAN AND EASEMENTS. The DEVELOPER shall <br />construct drainage facilities' adequate to serve the CUP -in accordance with the DEVELOPMENT <br />PLANS. The -OWNER. and DEVELOPER agree io grantto the CITY all necessary easements far <br />the preservation of the drainage system, for drainage basins and for utility service. All such <br />easements required by the CITY shall bt on the C(J :or -In writing, in rec0rdabl6f6rm,:9nd on the <br />standard easement form of the CITY, and on such other terms and conditions as the .CITZ.y shall <br />determine; such easements shall be delivered to the CITY contemporaneously with. execution of <br />this DEVELOPMENT CONTRACT. The grading of the Site shall. be eompieted in conforrnance <br />with the DEVELOPMENT PLANS. In the event that the DEVELOPER fails to complete the <br />grading of the site in conforfnance with the DEVELOPMENT PLANS by. the stipulated. date, the. <br />CITY -may declare the DEVELOPER in default pursuant to Article 14. <br />4.5 ACCESS. It is understood .that the only access to the CUP is from the existing <br />driveway off Hoffman Road and that access via this drivewa is ' y necessary ry 'in order tp commence i <br />.> P9 of the CUP and installation of the. entrance to the CUP in the location oftlighway 61 and <br />Willow. .Lake Boulevard. Developer shall limit its use of Hoffman Road for consavction vehicles <br />tq tlitial mobilization. of no more than 12 construction vehicles over a two-day peripd. Once the <br />construction of the fiigl7way 61 and Willow Lake Boulevard entrance is tomplete,--eonambtion <br />vehicles shall enter and. exit the. CUP from that entrance 0*. Personal vehicles. including <br />picltup truelc*;•;.ay access the CUP from the *existing driveway off Hoffinaii Road throughout <br />'construction.of�the CUP. This driveway shalf be removed at the conclusion of construction and <br />the. area.landscaped as shown on the approved plans. Developer will get.all apprpvais required <br />from the Minnesota Department of Transporta4iontp use the existing driveway to access the <br />CUP from Hoffman Road; and will not park vehicles on the -Highway ¢1 right -of --way, including <br />the .driveway, once the CUP has been sufficiently graded to allow on -site parting. <br />4.6 BOULEVARD AND AREA RESTORATION The DEVELOPER shall seed or <br />lay cultured sod: in all boulevards wiihin'30 days of the completion of street related:. improvements. <br />a.nd:r stare all. other..*aress disturbed 'by the development grading operation in Accordance with the - <br />approved erosion. control plan, over the entire CUP.. Upon request of the CITY EIyOINEEIt, the <br />DEVELOPER shall .remove the silt fences after grading and construction have occurred. <br />Ftuihermore, the DEVELOPER shall. malntain reasonable access to any occupied;buildinp <br />within the CUP, including necessary street maintenance such -as,grad ing,:graveling,.patchinp -arid <br />sriaw removal prior to permanent :street surfacing. The DEVELOPER' agrees to -perform- and <br />