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1.The Developer shall obtain all necessary permits from the Minnesota Pollution Control 1 Agency (MPCA), and other agencies and governmental authorities before proceeding 2 with construction. Copies of these permits must be provided to the City Engineer. 3 2.The Developer or its engineer shall schedule a preconstruction meeting at a mutually 4 agreeable time at City Hall with all the parties concerned, including City staff, to review 5 the program for the construction work. 6 3.The Plat complies with all City, County, Metropolitan, State and Federal laws and 7 regulations including, but not limited to: subdivision ordinances, zoning ordinances and 8 environmental regulations. If the City determines that the Plat does not comply, the City 9 may, Following thirty (30) days written notice, refuse to allow further construction or 10 development work on the Property untilsuch time as the Plat is corrected. 11 12 Time of Performance. F.The Developer shall complete all required improvements enumerated in 13 Paragraph C by October 31, 2017. The Developer may, however, forward a request for an extension 14 of time to the City. If an extension is granted, it shall be conditioned upon updating the security 15 posted by the Developer to reflect cost increases and the extended completion date. 16 Inspection. G.The Developer shall provide the services of a Project Representative and assistants at 17 the site to provide continuous observation of the work to be performed and the improvements to be 18 constructed under this Agreement. 19 1.The Developer shall provide the City Engineer a minimum of one business day notice 20 prior to the commencement of the underground pipe laying; and prior to subgrade, gravel 21 base and bituminous surface construction. 22 2.Developer’s failure to comply with the terms of this section shall permit the City 23 Engineer to issue a stop work order which may result in a rejection of the work and 24 which shall obligate the Developer to take all reasonable steps, as directed by the City 25 Engineer to ensure that the improvements are constructed and inspected pursuant to the 26 terms of this Agreement; and shall further result in the assessment of a penalty, in an 27 amount equal to 1% per occurrence, of the amount of the security required for Developer 28 improvements, which amount the Developer agrees to pay to the City upon demand. 29 Engineering Coordination H.. A City Engineering Coordinator shall be assigned to this project to 30 provide further protection for the City against defects and deficiencies in the work and 31 improvements through the observations of the work in progress and field checks of materials and 32 equipment. However, the furnishing of such engineering coordination will not make the City 33 responsible for construction means, methods, techniques, sequences or procedures or for the safety 34 precautions or programs, or for the Contractors failure to perform his work in accordance with the 35 Plans. The Developer is obligated to pay the City for City inspection services an amount equal to 4% 36 of the estimated cost of the Public Improvements which includes the public sidewalk and public 37 sanitary sewer main, which amount is $4,274. This amount shall be paid at or prior to the execution 38 of this Agreement. 39 Security. I. To guarantee compliance with the terms of this Agreement, payment of the costs of all 40 Public Improvements and construction of all Public Improvements, the Developer shall furnish 41 either: a) a cash deposit, or b) an irrevocable letter of credit for $133,562.50 in a form to be approved 42 by the City (the “Financial Security”). The amount of the Financial Security is 125% of the 43 Page 4 of15