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• <br />• <br />NOW, THEREFORE, in consideration of the mutual promises of the parties made <br />herein, <br />IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: <br />I. DESIGNATION OF IMPROVEMENTS. <br />A. Improvements on the project site to be installed at the Developer's <br />expense by the Developer as hereinafter provided are hereinafter referred <br />to as "On -site Work ". <br />B. Improvements off the project site to be installed at the Developer's <br />expense by the Developer as hereinafter provided are hereinafter referred <br />to as "Off -site Work ". <br />II. DEVELOPER'S IMPROVEMENTS <br />A. The Developer's Engineer shall prepare, at the Developer's expense, a <br />Grading Plan. The Developer shall secure a contractor to install these <br />improvements; said contractor shall be approved by the City at its <br />ABSOLUTE discretion. All Developer improvements shall require City <br />inspection and approval and, where appropriate, the approval of any other <br />governmental agency having jurisdiction. The Developer will construct <br />and install at Developer's expense the following improvements according <br />to the following terms and conditions: <br />1. Grading Plan <br />a. A final site grading plan shall be submitted and approved <br />by the City prior to commencement of any site grading. <br />b. The grading plan and all site grading shall be provided and <br />conducted in accordance with the plan as approved by the <br />City, NPDES requirements and the Rice Creek Watershed <br />District. The Developer shall perform the work in <br />accordance with a Stormwater Pollution Prevention Plan in <br />accordance with Minnesota Pollution Control Agency <br />(MPCA) requirements. <br />c. The Developer shall be responsible for securing all required <br />site grading and development approvals and permits from <br />all Federal, State, Regional and Local agencies with <br />jurisdiction or as applicable prior to the commencement of <br />site grading or construction. <br />2. Erosion Control Plan <br />Page 2of12 <br />