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<br />Clearwater Creek Business Park <br />Development Agreement <br />September 26, 2016 <br /> page 2 <br /> <br />ii. Clearwater Creek Business Park site plan containing 8 sheets, dated <br />August 9, 2016, prepared by Lampert Architects, Inc., received August 10, <br />2016. <br />5. Permits. The Developer shall be responsible for securing all required site grading and <br />development approvals and permits from all appropriate Federal, State, Regional and <br />Local jurisdictions prior to the commencement of site grading or construction. <br />6. Developer Improvements. The Developer has retained R.J. Ryan Construction to install <br />these improvements, hereinafter referred to as the “Developer Improvements,” which <br />contractor has been approved by the City. The estimated costs of the Developer <br />Improvements are shown in Exhibit C attached hereto. For the purpose of security <br />requirements, the Developer Improvements are divided into “Off-Site” and “On-Site” <br />improvements. Off-Site improvements shall consist of public street, grading, storm <br />sewer, sanitary sewer and water main constructed within 21st Avenue Right-of-way. On- <br />Site improvements shall consist of grading, storm sewer, sanitary sewer, water main, <br />parking lot and landscaping improvements within Lot 1, Block 1, Clearwater Creek <br />Business Park. <br />All Developer Improvements shall require City inspection and approval and, where <br />required, the approval of any other governmental agency having jurisdiction. The <br />Developer shall construct and install at the Developer's expense the following <br />improvements according to the following terms and conditions: <br />a. Site Grading. All site grading shall be conducted in accordance with the grading <br />plan as approved by the City and in accordance with NPDES and RCWD <br />requirements. The Developer shall perform the work in accordance with a Storm <br />Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution <br />Control Agency (MPCA) requirements. <br />b. Grading and Erosion Control <br />i. The Developer shall grade the site to within 0.2 foot of the grades shown <br />on the approved grading plan. No deviations will be allowed unless a <br />revised plan is submitted and approved by the City and all other <br />regulatory agencies. <br />ii. The street right-of-way, storm water storage ponds, and surface water <br />drainage ways shall be graded prior to commencement of utility <br />construction. <br />iii. The Developer shall be responsible for ascertaining that site geotechnical <br />and groundwater conditions are adequate and conforming with the <br />grading and site improvement as proposed.