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1 D.Development Plans.The Property shall be developed in accordance with the following plans, 2 specifications and other documents (“Plans”). With the exception of the Plat, the Plans may be 3 prepared after the parties have entered into this Agreement, provided however, no work shall be 4 commenced on the Property until all of the Plans have been submitted to and approved by the City. 5 The Plans shall not be attached to this Agreement, but shall be retained in the City files while the 6 work to be done under this Agreement is being performed. If the Plansvary from the written terms 7 of this Agreement, the written terms shall control. The Plans (which are sometimes referred to 8 herein as the “Public Improvement Construction Plans”) are as follows: 9 a)Plat 10 b)Utility Plan 11 c)Grading, Drainage and Erosion Control Plan 12 d)Grading Notes and Details 13 e)Street, Sanitary Sewer and Watermain Details 14 f)Tree Preservation Plan 15 g)Other 16 E.Notice to Proceed.The improvements shall be installed in accordance with the City approved Plans 17 and the rules, regulations, standards and ordinances ofthe City. The plans and specifications shall 18 be prepared by a competent registered professional engineer, furnished to the City for review, and 19 shall be subject to the approval of the City Engineer. No work shall commence on the Property until 20 the City Engineer notifies the Developer that the work can commence. 21 1.The Developer shall obtain all necessary permits from the Minnesota Pollution Control 22 Agency (MPCA), and other agencies and governmental authorities before proceeding 23 with construction. Copies ofthese permits must be provided to the City Engineer. 24 2.The Developer or its engineer shall schedule a preconstruction meeting at a mutually 25 agreeable time at City Hall with all the parties concerned, including City staff, to review 26 the program for the construction work. 27 3.The Developer represents to the City that the Plat complies with all City, County, 28 Metropolitan, State and Federal laws and regulations including, but not limited to: 29 subdivision ordinances, zoning ordinances and environmental regulations. If the City 30 determines that the Plat does not comply, the City may, at its option, refuse to allow 31 construction or development work on the Property until the Developer does comply. 32 Upon the City’s demand, the Developer shall cease work until there is compliance. 33 34 F.Time of Performance.The Developer shall complete all required improvements enumerated in 35 Paragraph C by August 31, 2016.The Developer may, however, forward a request for an extension 36 of time to the City. If an extension is granted, it shall beconditioned upon updating the security 37 posted by the Developer to reflect cost increases and the extended completion date. 38 G.Inspection.The Developer shall provide the services of a Project Representative and assistants at 39 the site to provide continuous observation of the work to be performed and the improvements to be 40 constructed under this Agreement. Page 3of