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b)Infiltration basins shall be protected from silt during construction. If these areas do 1 not function as designed, the Developer shall reconstruct them as directed by the City 2 Engineer. 3 7.Restoration of existing streets:Curb cuts and street cuts shall be reconstructed to match 4 existing street typical section. 5 a)All unused curb openings along Dale St. N.curb line shall be removed and replaced 6 with non-surmountable curb to match existing. Curbs proposed to be replaced shall have 7 a minimum of 3 feet of bituminous saw cut out to allow for proper compaction. 8 b)Utility trenches shall be restored by the Developerper Citystandard plate. 9 8.Erosion control.Prior to the commencement of any grading and before any utility 10 construction is commenced or building permits are issued, the erosion control plan must 11 be implemented, inspected and approved by the City. The Developer shall meet all 12 requirements of the City’s Erosion Control Ordinance including but not limited to the 13 following. 14 a)No construction activity shall be allowed and no building permits shall be issued 15 unless the Property is in full compliance with the erosion control requirements. 16 b)Measuresshall be installed in compliance with MPCA NPDES permit requirements. 17 c)The Cityshall inspect the siteperiodicallyand determine whether it is necessary to 18 take additional measures to address erosion. 19 d)To remove dirt and debris from streets that has resulted from construction work by 20 the Developer, its agents or assigns, the Developershall sweep Wheaton Ave. and Dale 21 St. N.on a weekly basis or more frequently as directed by the City Engineer until the site 22 is stabilized. The Developer must sweep roadways with a water-discharge broom 23 apparatus. Kick-off brooms shall not be utilized for street sweeping. 24 e)If the developmenton the Property does not comply with the erosion control plan or 25 supplementary instructions received from the City, the City may, following giving the 26 Developer48-hourpriorverbal notice(or immediately in the case of an emergency),take 27 such action as it deems appropriate to control erosion, the cost of which action shall be 28 paid by the Developer to the City upon demand. 29 Development Plans. D.The Property shall be developed in accordance with the following plans, 30 specifications and other documents (“Plans”). With the exception of the Plat, the Plans may be 31 prepared after the parties have entered into this Agreement, provided however, no work shall be 32 commenced on the Property until all of the Plans have been submitted to and approved by the City. 33 The Plans shall not be attached to this Agreement, but shall be retained in the City files while the 34 work to be done under this Agreement is being performed. If the Plans vary from the written terms 35 of this Agreement, the written terms shall control. The Plans (which are sometimes referred to 36 herein as the “Public Improvement Construction Plans”) are as follows: 37 a)Plat 38 b)Utility Plan 39 c)Grading, Drainage and Erosion Control Plan 40 Page 3of16