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1 d) To remove dirt and debris from streets that has resulted from construction work by 2 the Developer, its agents or assigns, the Developer shall sweep Cleveland and 3 Langton Lake Drive on a weekly basis or more frequently as directed by the City 4 Engineer until the site is stabilized. Developer must sweep roadways with a water- 5 discharge broom apparatus. Kick-off brooms shall not be utilized for street sweeping. 6 e) If the construction or other work performed on the Property does not comply with the 7 erosion control plan or supplementary instructions received from the City, after the s Developer has received 48-hour verbal notice, the City may take such action as it 9 deems appropriate to control erosion. 10 D. Development Plans. The Property shall be developed in accordance with the following plans, 11 speci�cations and other documents ("Plans"). The Plans shall not be attached to this Agreement. 12 With the exception of the Plat, the Plans may be prepared, after the parties have entered into this 13 Agreement, provided however, no worlc shall be commenced on the Property until all of the Plans 14 have been submitted to and approved by the City. If the Plans vary from the written terms of this 15 Agreement, the written terms shall control. The Plans are: 16 a) Utility Plan 17 b) Grading, Drainage and Erosion Control Plan 18 c) Grading Notes and Details 19 d) City Specifications 2o E. Notice to Proceed. The Phase II Public Improvements shall be installed in accordance with the City 21 approved Plans and specifications and the rules, regulations, standards and ordinances of the City. 22 The Plans shall be prepared by a competent registered professional engineer. No work shall 23 commence on the Property until the City Engineer notifies the Developer that the work can 24 commence. 25 1. The Developer shall obtain all necessary permits from the Minnesota Pollution Control 26 Agency (MPCA), Minnesota Department of Health (MDOH), and other agencies before 27 proceeding with construction. Copies of these permits must be provided to the City 28 Engineer. 29 2. The Developer or his engineer shall schedule a preconstruction meeting at a mutually 3o agreeable time at City Hall with all the parties concerned, including City staff, to review 31 the program for the construction work. 32 3. The Developer represents to the City that the Plat and Property complies with all City, 33 County, Metropolitan, State and Federal laws and regulations including, but not limited 34 to: subdivision ordinances, zoning ordinances and environmental regulations. If the City 35 determines that the Plat or Property does not comply, the City may, at its option, refuse to 36 allow construction or development work on the Property until the Developer does 37 comply. Upon the City's demand, the Developer shall cease work until there is 38 compliance. 39 4o F. Time of Performance. The Developer shall install all required improvements enumerated in 41 Paragraph C by November 1, 2013. The Developer may, however, forward a request for an Page 2 of 15