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b)Erosion control measures shall be installed in compliance with MPCA NPDES permit 1 requirements. 2 c)The City willinspect the site periodically and determine whether it is necessary to 3 take additional measures to address erosion. The Developer shall promptly comply with 4 all reasonable City supplemental instructions. 5 d)To remove dirt and debris from streets that has resulted from construction work by 6 the Developer, its agents or assigns, the Developer shall sweep streets on a weekly basis 7 or more frequently as directed by the City Engineer until the site is stabilized. The 8 Developer must sweep roadways with a water-discharge broom apparatus. Kick-off 9 brooms shall not be utilized for street sweeping. 10 e)If the Property development does not comply with the erosion control plan or 11 supplementary instructions received from the City, the City may, following 48-hour prior 12 verbal notice to the Developer (or immediately in the case of an emergency), take such 13 action as the City deems appropriate to control erosion, the cost of which action shall be 14 paid by the Developer to the City upon demand. 15 Development Plans. D.The Property shall be developed in accordance with the following plans, 16 specifications and other documents (“Plans”) and Development Conditions set forth on Exhibit “B” 17 attached hereto. With the exception of the Plat, the Plans may be prepared after the parties have 18 entered into this Agreement, provided however, no work shall be commenced on the Property until 19 all of the Plans have been submitted to and approved by the City. The Plans shall not be attached to 20 this Agreement, but shall be retained in the City files while the work to be done under this 21 Agreement is being performed. If the Plans vary from the written terms of this Agreement, the 22 written terms shall control. The Plans (which are sometimes referred to herein as the “Public 23 Improvement Construction Plans”) are as follows: 24 a)Plat 25 b)Civil Site Plan 26 c)Grading, Drainage and Erosion Control Plan 27 d)Sidewalk Plans 28 e)Curbing and Paving Plan 29 f)Utility Plans 30 g)Sanitary Sewer Plans 31 h)Details 32 i)Storm Water Pollution Prevention Plan 33 j)Tree Preservation Plan 34 k)Other 35 Notice to Proceed. E.The improvements shall be installed in accordance with the Plans and the rules, 36 regulations, standards and ordinances of the City. The plans and specifications shall be prepared by 37 a competent registered professional engineer, furnished to the City for review, and shall be subject to 38 the approval of the City Engineer. No work shall commence on the Property until the City Engineer 39 notifies the Developer that the work can commence. 40 Page 3 of15