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<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) Clean Up. The Developer shall clean dirt, debris, trash, and other refuse from all streets and
<br />adjacent properties that has resulted from construction work by the Developer, home builders,
<br />subcontractors, their agents or assigns, until all requirements of this agreement have been satisfied.
<br />Prior to any construction in the plat, the Developer shall identify in writing a responsible party and
<br />schedule 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 />15. 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 written notice of the work in default, not less than forty-eight (48)
<br />hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the
<br />City to seek a Court order for permission to enter the land. When the City does any such work, the
<br />City may, 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 in accordance with Section 9 hereto. If Developer fails to make payment
<br />in the amount and at the time specified in the City’s notice of default to Developer, City may, at its
<br />option, draw on the security provided by Developer pursuant to Section 8 of this Agreement and/or
<br />commence legal action against Developer to collect the entire amount owed by Developer, including
<br />reasonable attorneys’ fees. Developer shall be personally liable for such amounts due and, if more than
<br />one, such liability shall be joint and several.
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