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RCA Attachment E 1 Elevated Boardwalk. The Developer shall install an elevated boardwalk through Outlot 2 A, Victoria Shores, and the benefit of the owners of any lot within Victoria Shores, along 3 with six attached, elevated boardwalk seating areas. 4 5 E.Development Plans. The Property shall be developed in accordance with the following plans, 6 specifications and other documents (ÐPlansÑ). With the exception of the Plat, the Plans may be 7 prepared after the parties have entered into this Agreement, provided however, no work shall be 8 commenced on the Property until all of the Plans have been submitted to and approved by the City. 9 The Plans shall not be attached to this Agreement, but shall be retained in the City files while the 10 work to be done under this Agreement is being performed. If the Plans vary from the written terms 11 of this Agreement, the written terms shall control. The Plans (which are sometimes referred to 12 herein as the ÐPublic Improvement Construction PlansÑ) are as follows: 13 Victoria Shores Final Plat; 14 Victoria Shores Plan Set; and 15 Storm Water Maintenance Agreement. 16 17 F. Notice to Proceed. The improvements shall be installed in accordance with the City approved Plans 18 and the rules, regulations, standards and ordinances of the City. The plans and specifications shall 19 be prepared by a competent registered professional engineer, furnished to the City for review, and 20 shall be subject to the approval of the City Engineer. No work shall commence on the Property until 21 the City Engineer notifies the Developer that the work can commence. 22 The Developer shall obtain all necessary permits from the Minnesota Pollution Control 23 Agency (MPCA), Minnesota Department of Health (MDOH), applicable watershed, all 24 City permits, including erosion control, grading and storm water permit and other 25 agencies and governmental authorities before proceeding with construction. Copies of 26 these permits must be provided to the City Engineer. 27 The Developer or its engineer shall schedule a preconstruction meeting at a mutually 28 agreeable time at City Hall with all the parties concerned, including City staff, to review 29 the program for the construction work. 30 The Developer represents to the City that the Plat complies with all City, County, 31 Metropolitan, State and Federal laws and regulations including, but not limited to: 32 subdivision ordinances, zoning ordinances and environmental regulations. If the City 33 determines that the Plat does not comply, the City may, at its option, refuse to allow 34 construction or development work on the Property until the Developer does comply. 35 Upon the CityÓs demand, the Developer shall cease work until there is compliance. 36 37 G. Time of Performance. The Developer shall complete all required public and private improvements 38 enumerated in Paragraphs C and D by December 31, 2023. The Developer may, however, forward a 39 request for an extension of time to the City. If an extension is granted, it shall be conditioned upon 40 updating the security posted by the Developer to reflect cost increases and the extended completion 41 date. Page 3 of 14 Page 3 of 14