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<br />a.All unused curb openings along Dale St. N. curb line shall be removed and <br />69 <br />replaced with non- surmountable curb to match existing. Curbs proposed to be <br />70 <br />replaced shall have a minimum of 3 feet of bituminous saw cut out to allow for <br />71 <br />proper compaction. <br />72 <br /> <br />b.Utility trenches shall be restored by the Developer per City standard plate. <br />73 <br /> <br />8.Erosion control: Prior to the commencement of any grading and before any utility <br />74 <br />construction is commenced or building permits are issued, the erosion control plan must <br />75 <br />be implemented, inspected and approved by the City. The Developer shall meet all <br />76 <br />77 <br />following. <br />78 <br /> <br />a.No construction activity shall be allowed and no building permits shall be issued <br />79 <br />unless the Property is in full compliance with the erosion control requirements. <br />80 <br /> <br />b.Measures shall be installed in compliance with MPCA NPDES permit <br />81 <br />requirements. <br />82 <br /> <br />c.The City shall inspect the site periodically and determine whether it is necessary <br />83 <br />to take additional measures to address erosion. <br />84 <br /> <br />d.To remove dirt and debris from streets that has resulted from construction work by <br />85 <br />the Developer, its agents or assigns, the Developer shall sweep Wheaton Ave. and <br />86 <br />Dale St. N. on a weekly basis or more frequently as directed by the City Engineer <br />87 <br />until the site is stabilized. The Developer must sweep roadways with a water- <br />88 <br />discharge broom apparatus. Kick-off brooms shall not be utilized for street <br />89 <br />sweeping. <br />90 <br /> <br />e.If the development on the Property does not comply with the erosion control plan <br />91 <br />or supplementary instructions received from the City, the City may, following <br />92 <br />giving the Developer 48-hour prior verbal notice (or immediately in the case of an <br />93 <br />emergency), take such action as it deems appropriate to control erosion, the cost <br />94 <br />of which action shall be paid by the Developer to the City upon demand. <br />95 <br />All work would be done through the contractor. All costs for the improvements <br />96 <br />would be paid by the developer. The estimated cost of construction of the public infrastructure is <br />97 <br />$321,504. The developer will provide a financial security in the amount of 125% of the <br />98 <br />estimated cost of construction ($100,000) in the event the developer fails to perform. <br />99 <br />The City would provide oversite on the construction. The Developer will pay the City <br />100 <br />$10,288.00 for these inspection services. <br />101 <br />The attached contract has been reviewed by the City Attorney. <br />102 <br />FI <br />INANCIAL MPLICATIONS <br />103 <br />The estimated cost of these improvements based on preliminary figures provided by the <br />104 <br />dapproximately $257,203. <br />105 <br />The contract as presented has the developer paying for all the costs of the improvement <br />106 <br />including; design, inspection, construction and city staff time related to the improvement. <br />107 <br /> <br />Page 3 of 4 <br /> <br />