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1 0. Building Permits. In order to provide emergency vehicle access, a passable Class 5 road base must 2 be extended to within 150 feet of any address seeking a building permit. Breach of the terms of this 3 Agreement by the Developer shall be grounds for denial of building permits, including lots sold to 4 third parties. 5 P. Land Occupancy. No certificate of occupancy shall be issued until 6 1. Curb and gutter and bituminous surfacing at least the first lift) are installed and 7 approved by the City Engineer. 8 2. The installation of a hard surface driveway and parking lot. 9 3. The installation of the appropriate ground cover. 10 Construction Management. The Developer and its contractors and subcontractors shall minimize I I impacts from construction on the surrounding neighborhood by.- 12 1. Definition of Construction Area. The limits of the Project Area shall be defined with 13 heavy-duty erosion control fencing approved by the City Engineer. Any grading, 14 construction or other work outside this area requires approval by the City Engineer and 15 the affected property owner. 16 2. Parking and Storage of Materials. Adequate on-site parking for construction vehicles and 17 employees must be provided or provisions must be made to have employees park off-site 18 and be shuttled to the Project Area. No parking of construction vehicles or employee 19 vehicles shall occur along Cleveland Avenue, County Road D, Brenner Street, Mount 20 Ridge Road, Evelyn Street or Wilder Street. No fill, excavating material or construction 21 materials shall be stored in the public right-of-way. 22 3. Hours of Construction. Hours of construction,, including moving of equipment shall be 23 limited to the hours between 7 a.m. and 9 p.m. on weekdays and 9 a.m. and 9 p.m. on 24 weekends. 25 4. Site Maintenance. The Developer shall ensure the contractor maintains a clean work site. 26 Measures shall be taken to prevent debris, refuse or other materials from leaving the site. 27 Construction debris and other refuse generated from the project shall be removed from 28 the site in a timely fashion and/or upon the request by the City Engineer. After the 29 Developer has received twenty-four (24) hour verbal notice, the City will complete or 30 contract to complete the site maintenance work at the Developer's expense. 31 5. Cold Weather Construction. The City requires that no public concrete or bituminous 32 infrastructure be constructed on frozen ground. Upon evidence of frozen ground in the 33 project aggregate base/subgrade, all concrete and bituminous work shall cease for the 34 construction year. No bituminous base paving or concrete pouring will be allowed after 35 November I't of the calendar year. Work may be performed after November I't only with 36 the approval of the City Engineer, and if permitted such work shall comply with City 37 specifications. 38 6. Bituminous and Concrete Material Acceptance. The City shall not accept concrete curb 39 and gutter that has structural or cosmetic defects. The City shall identify all defective 40 curb for removal. The City shall not accept bituminous base course with less than 91.5% 41 density or that has an open graded appearance as determined by the City Engineer. This 42 is considered to be rejected and shall be required to be removed at the Developer's