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<br />have been constructed on public easements or land owned by the City. The “as constructed” plan
<br />shall include field verified elevations of the following: (a) cross sections of storm water
<br />treatment/infiltration basins; (b) location and elevations along all swales, wetlands, wetland
<br />mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed
<br />“conservation area” posts; and (c) lot corner elevations and house pads, and all other items listed in
<br />the City Code. The City will withhold issuance of building permits until the approved certified
<br />grading plan is on file with the City and all erosion control measures, including full vegetation of
<br />entire site, are in place as determined by the City Engineer. The Developer certifies to the City that
<br />all lots with house footings placed on fill have been monitored and constructed to meet or exceed
<br />FHA/HUD 79G specifications. The soils observation and testing report, including referenced
<br />development phases and lot descriptions, shall be submitted to the Building Official for review prior
<br />to the issuance of building permits.
<br />(05) Clean Up. The Developer shall clean dirt and debris from all streets that has resulted from
<br />construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to
<br />any construction in the plat, the Developer shall identify in writing a responsible party and schedule
<br />for erosion control, street cleaning, and street sweeping.
<br />(06) National Pollutant Discharge Elimination System Requirements. Prior to the
<br />commencement of any work, the Developer shall provide a signed Storm Water Pollution Prevention
<br />Plan for City review and approval to control erosion from the site. Because the site is over one (1)
<br />acre, the Developer shall also apply for and obtain an NPDES permit from the Minnesota Pollution
<br />Control Agency.
<br />(07) Municipal Separate Storm Sewer System Requirements. All stormwater management
<br />activities shall comply with the City MS4 permit.
<br />16. Default.
<br />(01) Remedies. In the event of default by the Developer as to any of the work to be performed
<br />by it hereunder, the City may, at its option, perform the work and the Developer shall promptly
<br />reimburse the City for any expense incurred by the City, provided the Developer, except in an
<br />emergency as determined by the City, is first given notice of the work in default, not less than forty-
<br />eight (48) hours in advance. This Agreement is a license for the City to act, and it shall not be
<br />necessary for the City to seek a Court order for permission to enter the land. When the City does
<br />any such work, the City may, in addition to its other remedies, assess the cost in whole or in part.
<br />(02) Acceleration on Default. In the event Developer, or its heirs, successors or assigns, violates
<br />any of the covenants and agreements herein contained, or fails to pay any amount due to the city, the
<br />City, at its option, in addition to its other rights and remedies, by written notice of default given to
<br />the Developer, may declare all amounts to be paid by the Developer pursuant to this Agreement, ,
<br />due and payable in full, with interest, immediately, or on such date as the City shall specify in its
<br />notice of default to Developer. If Developer fails to make payment in the amount and at the time
<br />specified in the City’s notice of default to Developer, City may, at its option, draw on the security
<br />provided by Developer pursuant to Section 8 of this Agreement and/or commence legal action
<br />against Developer to collect the entire amount owed by Developer, including reasonable attorneys’
<br />fees. Developer shall be personally liable for such amounts due and, if more than one, such liability
<br />shall be joint and several.
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