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Nadeau Acres <br />Development Agreement <br />August 10, 2020 <br /> page 2 <br />v. Nadeau Acres Final Plat containing 2 sheets, prepared by Carlson <br />McCain, received June 8, 2020. <br />5. Permits. The Developer shall be responsible for securing all 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 and prior <br />to the City awarding construction contracts for public improvements. <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 Exhibit C attached hereto. All Developer <br />Improvements shall require City inspection and approval and, where appropriate, the <br />approval of any other governmental agency having jurisdiction. The Developer shall <br />construct and install at the Developer's expense the following improvements according <br />to the following terms and conditions: <br />a. Site Grading. The site grading was completed through a separate Grading <br />Agreement. <br />i. The site grades shall meet requirements of the Rice Creek Watershed <br />District (RCWD) permit. <br />ii. The site grading shall be in accordance with the grading plan as approved <br />by the City and in accordance with NPDES and RCWD requirements. The <br />Developer shall perform the work in accordance with a Storm Water <br />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. Four inches of topsoil shall be installed within open space <br />areas and seed mix information provided to the City. <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. The developer shall provide <br />testing from an approved testing company and include data on building