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(02) Severable. In the event that any portion of this Agreement shall be held invalid for any <br /> reason, the same shall not affect in any respect whatsoever the validity of the remainder of this <br /> Agreement. <br /> (03) Waiver. Any waiver, whether express or implied, by any party of a breach of any provision <br /> of this Agreement will not operate as or be construed to be a waiver of any subsequent breach of this <br /> Agreement. <br /> (04) Construction Times. All construction activities authorized by this agreement shall be <br /> confined to the following hours of operation: <br /> Monday-Friday 7:00 AM until 8:00 PM <br /> Saturday 8:00 AM until 5:00 PM (only with 48 hour advance notice to the <br /> City Engineer or their representative) <br /> Sunday Not Allowed <br /> This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. or <br /> emergencies that present a danger to public health, safety and/or welfare. Any deviation from the <br /> above hours is subject to approval of the City Council. <br /> (05) Historv. Any item or condition found that indicates the site is likely to yield information <br /> important to pre-history or history shall be reported to the city immediately, and the city reserves the <br /> right in such event, to stop work immediately until the Improvements is appropriately investigated <br /> and developer is authorized to recommence work. <br /> 11. Surface and Groundwater Management. <br /> (01) Dewatering. Due to the variable nature of groundwater levels and stormwater flows,it will <br /> be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy <br /> themselves with regard to the elevation of groundwater in the area and the level of effort needed to <br /> perform dewatering and storm flow routing operations. All dewatering shall be in accordance with <br /> all applicable county, state, and federal rules and regulations. DNR regulations regarding <br /> appropriations permits shall also be strictly followed. <br /> (02) Wetlands. If the Developer proposes the filling of wetlands in connection with construction <br /> of the Improvements, receipt of necessary permits from appropriate regulatory agencies to fill <br /> wetlands as proposed by the Developer and approval by the Technical Evaluation Panel of the <br /> proposed mitigation plan for wetlands filling prior to any work. If these permits are denied, or <br /> approval of the wetland permit and mitigation plan is subject to conditions which significantly impact <br /> the Improvements, the final plat for the Improvements shall be resubmitted to the City Council for <br /> consideration of changes required for the wetland approvals. The City shall receive a copy of the <br /> monitoring report annually for three years. <br /> (03) Erosion Control. Prior to initiating any work on the site, the erosion control plan, Plan B, <br /> shall be implemented by the Developer and inspected and approved by the City or other regulating <br /> authority. The City may impose additional erosion control requirements if they are deemed necessary <br /> to protect the downstream waters of the state. All areas disturbed by the grading operations shall be <br /> stabilized per the MPCA NPDES Stormwater Permit for Construction Activity and the City MS4 <br /> permit. Seed shall be in accordance with the City's current seeding specification which will include <br /> temporary erosion control measures to provide ground cover as rapidly as possible. All seeded areas <br /> 6 <br /> 35841508.2 <br />