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21. <br /> <br />22. <br /> <br />23. <br /> <br />Block 9 will be a cash contribution and shall be paid al~er site plan review approval for the <br />lot, based upon the number of units permitted but prior to the issuance of a building permit <br />for a structure(s) on the lot. <br /> <br />Sidewalk Construction. The DEVELOPER shall-construct and pave, in accordance <br />with CITY standards, a five (5) foot wide concrete sidewalk with pedestrian ramps in <br />locations prescribed by the CITY, not to exceed 5% in grade, along on Iodine St., <br />Fluorine Court, 143ra Lane, 144th Lane, and 144th Circle. The costs associated with <br />sidewalk construction are not eligible as a credit towards the Trail Development Fees <br />and/or Park Dedication requirements due .on the Plat. <br /> <br />Tree and Sod Planting Plan. Sodded boulevards, in addition to a front yard tree, are a <br />requirement for each lot in the Plat prior to issuance of a .Certificate of Occupancy. The <br />tree planting Plan shall require, at the minimum, the Planting one two-inch diameter tree <br />(or equivalent thereof) of an approved species at the road frontage of each of the lot in the <br />Plat prior to the issuance of a Certificate of Occupancy. The tree type shall consist of one <br />of the following species; Linden, Maple, or Oak or other tree species approved by the <br />CITY. In addition, the DEVELOPER will relocate approximately 30 to 50 Scotch Pine <br />trees for screening within the plat. For trees intended to be planted between the sidewalk <br />and the street, the-specific locations must be staked in advance of planting and approved <br />by the CITY. In the event the weather is not conducive to tree or planting sod in the <br />boulevard at the time of Certificate of Occupancy, the Building Permit holder shall place a <br />cash deposit in the amount of $300.00 for trees and $300.00 for sod in an escrow account <br />with the CITY and upon verification of the planting being accomplished, said cash deposit <br />shall be refunded to the Building Permit holder. Failure of the Builder to comply with the <br />planting requirement within a reasonable time frame following a determination by the <br />CITY that weather conditions are conducive to planting shall give the CITY authority to <br />cause the planting, the cost of which shall be charged to the escrow account and the <br />Builder shall not be eligible for a refund of the cash deposit made for this purpose. <br /> <br />Tree Protection 'Plan.. The DEVELOPER is required to identify existing tree growth <br />within, the Plat that will be protected during construction. The trees to be protected must <br />be identified on the grading plan, and the plan must require the installation of 'tree save <br />fences' prior to grading. In addition, the requirement for this Plan shall be fulfilled by the <br />DEVELOPER as follows: <br /> <br />a) Minimizing the impact of construction on trees in accordance with Minnesota <br /> Extension Service publication ."Protecting Trees From Construction Damage" <br /> (Publication #NR-FO-6135-S). <br />b) Clearing and grubbing of the Plat will initially be limited to the center 60 feet of right- <br /> of-way. Lots and street right of way t.hat are to have less than 2 feet of cut or fill will <br /> then by examined by CITY staff and the DEVELOPER to identify "save trees". <br /> <br />The Ponds Subdivision <br />Development Agreement <br />Page 8 of 13 <br /> <br />-153- <br /> <br /> <br />