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<br />(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 shall be confined to the following hours of <br />operation: <br />Monday - Friday 6:00 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 in a style and location acceptable to the City of Elk River. <br />(07) History. 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 />(08) Covenants. Developer shall prepare and file restrictive covenants in a form acceptable to the <br />City Attorney. Restrictive covenants shall, at minimum, be recorded on the Wetland and the Wetland <br />Mitigation areas. <br />12. Park Dedication. Developer shall pay Park Dedication fee for one lot in the amount of One <br />Thousand, Four Hundred Twenty-Five and 93/100 dollars ($1,425.93 per lot). <br />13. Development Plan. A development plan “Development Plan” shall be submitted by Developer <br />and approved by the City Engineer or his designee prior to issuance of any building permit within the <br />Subdivision. The Development Plan will identify, for each lot in the Subdivision those items noted on the <br />checklist attached as Exhibit E to this Agreement. Approval of the Development Plan may be contingent upon <br />soil borings verifying elevations and compaction tests for proposed house pads. <br />14. Landscaping. Developer agrees to install one over story tree in the boulevard of each Lot, and require <br />one additional over story, evergreen, or deciduous tree in the front yard of each Lot. For Lots not sold by April <br />31, 2025, Developer agrees to install one tree in the front yard of all unsold lots. All required trees shall meet <br />minimum size standards as outlined in Elk River City Codes. <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 />8 <br /> <br />