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(02) Waiver. Any waiver, whether express or implied, by any party of a breach of any provision of <br />this Agreement will not operate as or be construed to be a waiver of any subsequent breach of this <br />Agreement. <br />(03) Construction Times. All construction activities authorized by this agreement shall be confined <br />to the following hours of operation: <br />Monday - Friday 7:00 AM until 9:00 PM <br />Saturday 8:00 AM until 5:00 PM (only with 48 hour advance notice to the City <br />Engineer or their representatives) <br />Sunday Not Allowed <br />This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any <br />deviation from the above hours is subject to approval of the City Council. <br />(04) Street Construction. No street construction will be allowed after October 15 or prior to <br />May 15 unless approved by the City Engineer. <br />(05) Snowplowing. Until the Improvements are accepted by the City or an agreement expressly <br />reached in advance, the developer is responsible for snow removal and ensuring access by Emergency <br />Response equipment. <br />(06) Mailboxes. All mailboxes be clustered, and in a style and location acceptable to the City of <br />Elk River. <br />(07) Histor<. 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 subdivision is appropriately investigated and <br />developer is authorized to recommence work. <br />11. Park Dedication. Developer shall satisfy park dedication requirements through a cash <br />donation equal to the low -density Park Dedication fee identified in the city's fee schedule at the time of <br />Final Plat recording. The current amount is Eighty -Six Thousand, Nine Hundred Eighty -One and <br />73/100 dollars ($86,981.73), ($1,425.93 per lot). <br />12. Development Plan. A development plan "Development Plan" shall be submitted by <br />Developer and approved by the City Engineer or his designee prior to issuance of any building permit <br />within the Subdivision. The Development Plan will identify, for each lot in the Subdivision those items <br />noted on the checklist attached as Exhibit E to this Agreement. Approval of the Development Plan <br />may be contingent upon soil borings verifying elevations and compaction tests for proposed house pads. <br />13. Landscaping. Developer shall cause the homebuilder to install two over story (deciduous) <br />trees in the boulevard of each Lot. All required trees shall be 2 inches in caliper. <br />(01) All residential landscaping requirements shall be completed prior to occupancy of the dwelling <br />unit, or by June 1 following occupancy if occupancy occurs October 15 through May 31. <br />(02) In the event the landscaping, including trees and establishment of turf, is not complete at the <br />time of Certificate of Occupancy, the City may issue a certificate of occupancy and require the <br />provision of a cash deposit from the builder of the lot to guarantee the successful completion of the <br />