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Attachment G I attached as Exhibit B. If the Plans vary from the written terms of this Agreement,, the written terms 2 shall control. The Plans (which are sometimes also referred to herein as the "Public Improvement 3 Construction Plans") are as follows.- 4 a) Plat 5 b) Utility Plan 6 c) Erosion Control Plan 7 d) Details 8 e) Sanitary sewer plan. 9 fl Storm Sewer plan 10 g) Pathway plan. I I E. Notice to Proceed. The Public Improvements shall be installed in accordance with the City 12 approved Plans and the rules, regulations, standards and ordinances of the City. The plans and 13 specifications shall be prepared by a competent registered professional engineer, furnished to the 14 City for review, and shall be subject to the approval of the City Engineer. No work shall commence 15 on the Property until the City Engineer notifies the Developer that the work can commence. 16 1. The Developer shall obtain all necessary permits from the Minnesota Pollution Control 17 Agency (MPCA , Minnesota Department of Health (MDOH)I,, and all other agencies and 18 governmental authorities before proceeding with construction. Copies of these permits must be 19 provided to the City Engineer. 20 2. The Developer or it's engineer shall schedule a preconstruction meeting at a mutually 21 agreeable time at City Hall with all the parties concerned, including City staff, to review the 22 program for the construction work. 23 3. The Developer represents to the City that the Plat complies with all City,, County,, 24 Metropolitan,, State and Federal laws and regulations including, but not limited to.- subdivision 25 ordinances,, zoning ordinances and environmental regulations. If the City determines that the 26 Plat does not comply, the City may, at its option, refuse to allow construction or development 27 work on the Property until the Developer does comply. Upon the City's demand, the Developer 28 shall cease work until there is compliance. 29 F. Time of Performance. The Developer shall complete all Public Improvements enumerated in 30 Paragraph C by October 31, 2012. The Developer may, however, forward a request for an extension 31 of time to the City. If an extension is granted, it shall be conditioned upon updating the security 32 posted by the Developer to reflect cost increases and the extended completion date. 33 G. Inspection. The Developer shall provide the services of a Project Representative and assistants at 34 the site to provide continuous observation of the work to be performed and improvements to be 35 constructed under this Agreement. 36 1. The Developer shall provide the City Engineer a minimum of one business day notice: (i) 37 prior to the commencement of the underground pipe laying and service connection, and (ii) prior 38 to subgrade and gravel base construction. 39 2. Developer's failure to comply with the terms of this section shall permit the City Engineer to 40 issue a stop work order which may result in a rejection of the work and which shall obligate the Page 3 of 15