8.2. SR 10-07-2019 - Laserfiche WebLink

Home Browse Search

shall be fertilized, mulched, and watered as necessary for seed retention and growth. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA NPDES Stormwater Permit for Construction Activity, the City MS4 permit, with the erosion control plan and schedule, or supplementary instructions received from the City or other regulating authority, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action,but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No work on the Improvements will be allowed unless it is in full compliance with the approved erosion control plan. (04) CleanUp. The Developer shall clean dirt and debris from all streets that has resulted from construction work by the Developer, subcontractors, their agents or assigns,until all requirements of this agreement have been satisfied. Prior to any construction on the Improvements, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. (05) National Pollutant Discharge Elimination System Requirements. Prior to the commencement of any work on the Improvements, the Developer shall provide a signed Storm Water Pollution Prevention Plan for City review and approval to control erosion from the construction site. Because the site is over one (1) acre, the Developer shall also apply for and obtain the required NPDES permit from the Minnesota Pollution Control Agency. (06) Municipal Separate Storm Sewer System Requirements. All stormwater management activities shall comply with the City MS4 permit. 12. Default. (01) Remedies. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City,is first given notice of the work in default, not less than forty- eight (48) hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land owned by Developer. 13. Miscellaneous. (01) Incorporation by Reference. The exhibits to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set forth herein in full. (02) Regulatory Compliance. The Developer represents to the City that the Improvements as- built will comply with all city, county, metropolitan, state, and federal laws and regulations,including but not limited to environmental regulations. If during construction of the Improvements the City determines that the Improvements are not in compliance, the City may, at its option, issue a stop work order until such time as the Parties agree to a remediation/construction plan to bring the Improvements into compliance. Upon the City's demand, the Developer shall cease work until the City lifts the stop work order. (03) Third Parties. Third parties shall have no recourse against the City or Developer under this Agreement. 7 35841508.2