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Clearwater Creek Business Park <br />Development Agreement <br />August 8, 2016 <br />6. Developer Improvements. The Developer shall secure a contractor to install these <br />improvements, hereinafter referred to as the "Developer Improvements," which <br />contractor shall be approved by the City in its absolute discretion. The cost of <br />Developer Improvements is as shown on Attachment B. All Developer Improvements <br />shall require City inspection and approval and, where appropriate, the approval of any <br />other governmental agency having jurisdiction. The Developer shall construct and install <br />at the Developer's expense the following improvements according to the following <br />terms and conditions: <br />a. Site Grading <br />i. No grading shall commence until all requirements of the Rice Creek <br />Watershed District (RCWD) have been satisfied. <br />ii. All site grading shall be conducted in accordance with the grading plan as <br />approved by the City and in accordance with NPDES and RCWD <br />requirements. The Developer shall perform the work in accordance with <br />a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota <br />Pollution 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. <br />iv. Conservation areas and wetland buffer areas shall be protected as <br />detailed in the approved plans. <br />v. Tree Preservation areas shall be protected in accordance with the Tree <br />Preservation plan. <br />vi. The Developer shall promptly clear dirt and debris within public right-of- <br />ways and drainage and utility easements resulting from construction by <br />the Developer, its purchasers, builders and contractors within five (5) <br />page 2 <br />