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Attachment J I Developer 48 hour prior verbal notice or in the event of an emergency immediately) take 2 such action as it deems appropriate to control erosion, the cost of which action shall be 3 paid by the Developer to the City upon demand. 4 D. Development Plans. The Property shall be developed in accordance with the following plans, 5 specifications and other documents ("Plans" �. With the exception of the Plat, the Plans may be 6 prepared after the parties have entered into this Agreement, provided however, no work shall be 7 commenced on the Property until all of the Plans have been submitted to and approved by the City. 8 The Plans shall not be attached to this Agreement, but shall be retained in the City files while the 9 work to be done under this Agreement is being performed. If the Plans vary from the written terms 10 of this Agreement, the written terms shall control. The Plans (which are sometimes referred to I I herein as the "Public Improvement Construction Plans") are as follows.- 12 a) Plat 13 b) Utility Plan 14 c) Grading, Drainage and Erosion Control Plan 15 d) Grading Notes and Details 16 e) Street,, Sanitary sewer and Watermain Details 17 fl Tree Preservation Plan 18 g) Sanitary sewer, watermain, storm sewer and street plan. 19 h) Pathway, Retaining Wall and Fence plan. 20 21 E. Notice to Proceed. The improvements shall be installed in accordance with the City approved Plans 22 and the rules,, regulations, standards and ordinances of the City. The plans and specifications shall 23 be prepared by a competent registered professional engineer, furnished to the City for review, and 24 shall be subject to the approval of the City Engineer. No work shall commence on the Property until 25 the City Engineer notifies the Developer that the work can commence. 26 1. The Developer shall obtain all necessary permits from the Minnesota Pollution Control 27 Agency (MPCA), Minnesota Department of Health (MDOH)I,, and all other agencies and 28 governmental authorities before proceeding with construction. Copies of these permits 29 must be provided to the City Engineer. 30 2. The Developer or it's engineer shall schedule a preconstruction meeting at a mutually 31 agreeable time at City Hall with all the parties concerned, including City staff, to review 32 the program for the construction work. 33 3. The Developer represents to the City that the Plat complies with all City,, County,, 34 Metropolitan,, State and Federal laws and regulations including, but not limited to.- 35 subdivision ordinances,, zoning ordinances and environmental regulations. If the City 36 determines that the Plat does not comply, the City may, at its option, refuse to allow 37 construction or development work on the Property until the Developer does comply. 38 Upon the City's demand, the Developer shall cease work until there is compliance. 39 40 F. Time of Performance. The Developer shall complete all required improvements enumerated in 41 Paragraph C by October 31, 2011 with the exception of the bituminous wear course which will be Page 4 of 15