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c)The City willinspect the site periodically and determine whether it is necessary to <br />1 <br />take additional measures to address erosion. <br />2 <br />d)If the development on the Property does not comply with the erosion control plan or <br />3 <br />supplementary instructions received from the City, the City may, after giving the <br />4 <br />Developer 48-hourverbal notice (or immediately in the case of an emergency), take such <br />5 <br />action as it deems appropriate to control erosion, the cost of which action shall be paid by <br />6 <br />the Developer to the City upon demand. <br />7 <br />Development Plans. <br />B.The Property shall be re-developed in accordance with the following plans, <br />8 <br />specifications and other documents (“Plans”). The Plans may be prepared after the parties have <br />9 <br />entered into this Agreement, provided however, no work shall be commenced on the Property until <br />10 <br />all of the Plans have been submitted to and approved by the City. If the Plans vary from the written <br />11 <br />terms of this Agreement, the written terms shall control. The Plans are as follows: <br />12 <br />a)Sewer Re-location Plan–Exhibit B; <br />13 <br />b)Erosion Control Plan –Exhibit C <br />14 <br />Notice to Proceed. <br />C.The Public Improvements shall be installed in accordance with the City <br />15 <br />approved Plans and the rules, regulations, standards and ordinances of the City. The plans and <br />16 <br />specifications shall be prepared by a competent registered professional engineer, furnished to the <br />17 <br />City for review, and shall be subject to the approval of the City Engineer. No work shall commence <br />18 <br />on the Property until the City Engineer notifies the Developer that the work can commence. <br />19 <br />1.The Developer shall obtain all necessary permits from the Minnesota Pollution Control <br />20 <br />Agency (MPCA), Minnesota Department of Health (MDOH), and other agencies and <br />21 <br />governmental authorities before proceeding with construction. Copies of these permits <br />22 <br />must be provided to the City Engineer. <br />23 <br />2.The Developer orits engineer shall schedule a preconstruction meeting at a mutually <br />24 <br />agreeable time at City Hall with all the parties concerned, including City staff, to review <br />25 <br />the program for the construction work. <br />26 <br />27 <br />Time of Performance. <br />D.The Developer shall complete all required improvements enumerated in <br />28 <br />Section IIICby August 1, 2016.The Developer may, however, forward a request for an extension <br />29 <br />of time to the City. If an extension is granted, it shall be conditioned upon updating the security <br />30 <br />posted by the Developer to reflect cost increases and the extended completion date. <br />31 <br />Inspection. <br />E.The Developer shall provide the services of a Project Representative and assistants at <br />32 <br />the site to provide continuous observation of the work to be performed and the improvements to be <br />33 <br />constructed under this Agreement. <br />34 <br />1.The Developer shall provide the City Engineer a minimum of one business day notice <br />35 <br />prior to the commencement of the underground pipe laying and service connection; and <br />36 <br />prior to subgrade, gravel base and bituminous surface construction. <br />37 <br />2.Developer’s failure to comply with the terms of this section shall permit the City <br />38 <br />Engineer to issue a stop work order which may result in a rejection of the work and <br />39 <br />which shall obligate the Developer to take all reasonable steps, as directed by the City <br />40 <br />Engineer to ensure that the improvements are constructed and inspected pursuant to the <br />41 <br />terms of this Agreement; and shall further result in the assessment of a penalty, in an <br />42 <br />Page 2of 11 <br /> <br />