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<br /> <br />been submitted to and approved by the City. The Approved Plans shall not be attached to this <br />Agreement, but shall be retained in the City files while the work to be done under this Agreement <br />is being performed. If the Plans vary from the written terms of this Agreement, the written terms <br />shall control. The Approved Plans are as follows: <br />Plans and Specifications (the below described shall be included in the plans and <br />specifications, however not necessarily individual sheets for each) <br />a. Removals; <br />b. Site Plan; <br />c. Grading, Drainage and Utility Plan; <br />d. Erosion Control Plan and Schedule; <br />e. Standard and Custom Details; <br />f. Landscape Improvements. <br /> <br />1.03 Construction of Public Improvements. The Project will include construction of certain <br />Improvements to current public property (the “Public Improvements”). All Public Improvements <br />must be constructed in accordance with City details and specifications and the Approved Plans (as <br />defined in Section 1.02). All labor and work must be done and performed in the best and most <br />workerlike manner and in strict conformance with the Approved Plans. Any deviation from the <br />Approved Plans must be preapproved in writing by the City Engineer. Public Improvements shall <br />consist of the following: <br />a) Public Street Construction: Street improvements include subgrade preparation, gravel <br />base, bituminous surfacing, and concrete curb and gutters. The Developer is required <br />to follow the MnDOT schedule for materials control for testing the work. Developer- <br />contracted testing shall be performed by a qualified third party. The City reserves the <br />right to require additionaltesting as necessary to ensure proper construction, at the <br />Developer's expense. The following streets shall become publicly owned and <br />maintained after acceptance of the improvement: <br /> <br />1. Roma Avenue <br />b) Public Pathways. A 6’ wide sidewalk shall be constructed from the westerly shopping <br />center ingress/egress drive to the easterly service drive serving the rear of the building. <br /> <br />c) Storm Sewer. The Developer shall remove and replace the existing valley gutter basin <br />section with a new section to accommodate the new curb and gutter design. <br />1.04 Public Dedication and Ownership. <br />Ownership of Improvements and Risk of Loss. Upon completion and City acceptance of <br />the Public Improvements by the City Council, all Public Improvements lying within public <br />3 <br />22485\\13\\2777004.v3 <br /> <br />