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NOW, THEREFORE, BE IT RESOLVED, that based on the foregoing, the Lake Elmo <br />City Council hereby approves the Applicants request for a grading permit with the following <br />conditions: <br />1. That no utility work shall occur under the Grading Agreement. <br />1 That site access to the property be limited to 201h Street and I 01h Street South and that the <br />locations be identified on the grading plans. <br />3. That tree protection fencing be completed prior to grading and that the locations be staked <br />and field inspected prior to installation, <br />4. That a tree replacement escrow be established in the Grading Agreement to cover 5.4% tree <br />replacement of the 16,643.68 caliper inches being removed, <br />5. That the Developer enter into a Grading Agreement with the City acceptable to the City <br />Attorney that delineates that the developer is responsible for the design, construction, and <br />payment of the required improvements with financial guarantees therefore. <br />6. That no grading commence on the site until the Phase I grading and erosion control plans are <br />approved by the City Engineer, the Grading Agreement is executed, the financial securities are in <br />place, and a preconstruction meeting has been conducted with City staff <br />T That a Valley Branch Watershed District Permit and MPCA NPDES Permitare obtained and that <br />all conditions of the pen -nits are complied with prior to any grading activity. <br />Passed and duly adopted this 2 day of May, 2017, by the City Council of the City of Lake Elmo, <br />Minnesota, <br />Mike Pearson, Mayor <br />ATTEST: <br />City Council Resolution 2017-045 <br />