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allowed and no building permits will be issued unless the plat is in full compliance with the approved
<br />erosion control plan.
<br />(04) Grading. The Subdivision shall be graded in accordance with the approved grading
<br />development and erosion control plan, Plan B. The plan shall conform to City specifications. Within
<br />thirty (30) days after completion of the grading and before the City approves individual building
<br />permits (except up to three model home permits on lots acceptable to the Building Official per section
<br />18), the Developer shall provide the City with an "as constructed" grading plan certified by a registered
<br />land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been
<br />constructed on public easements or land owned by the City. The "as constructed" plan shall include
<br />field verified elevations of the following: (a) cross sections of storm water treatment/infiltration
<br />basins; (b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations
<br />and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and (c) lot corner
<br />elevations and house pads, and all other items listed in the City Code. The City will withhold issuance
<br />of building permits until the approved certified grading plan is on file with the City and all erosion
<br />control measures, including full vegetation of entire site, are in place as determined by the City
<br />Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been
<br />monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation
<br />and testing report, including referenced development phases and lot descriptions, shall be submitted
<br />to the Building Official for review prior to the issuance of building permits.
<br />(05) CleanUa. 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 commencement
<br />of any work, the Developer shall provide a signed Storm Water Pollution Prevention Plan for City
<br />review and approval to control erosion from the site. Because the site is over one (1) acre, the
<br />Developer shall also apply for and obtain an NPDES permit from the Minnesota Pollution Control
<br />Agency.
<br />(07) Municipal Separate Storm Sewer System Requirements. All stormwater management activities
<br />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 by
<br />it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse
<br />the City for any expense incurred by the City, provided the Developer, except in an emergency as
<br />determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours
<br />in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to
<br />seek a Court order for permission to enter the land. When the City does any such work, the City may,
<br />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 the
<br />Developer, may declare all amounts to be paid by the Developer pursuant to this Agreement, , due and
<br />payable in full, with interest, immediately, or on such date as the City shall specify in its notice of default
<br />to Developer. If Developer fails to make payment in the amount and at the time specified in the City's
<br />notice of default to Developer, City may, at its option, draw on the security provided by Developer
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