Agenda - Council - 02/26/2002 - Laserfiche WebLink

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costs. The CITY may choose to complete any portion of the work, including, but not limited to, inspection, clearing and grubbing and restoration. In the event that the cost of the trail improvements above exceeds $62,800.00, the CITY shall eliminate one or more segments of the trail or shall reimburse the DEVELOPER for the costs in excess of $62,800.00. 19. Sidewalk Construction. The DEVELOPER shall construct and pave, in accordance with CITY standards, a five (5) foot wide concrete sidewalk with pedestrian ramps in locations prescribed by the CITY, not to exceed 5% in grade, along the wast side of Yakima Street N.W. The costs associated with sidewalk construction are not eligible as a credit towards the Trail Development Fees and/or Park Dedication requirements due on the Plat. 20. Tree and Sod Planting Plan. Sodded boulevards, in addition to a from yard tree, are a requirement for each lot in the Plat prior to issuance of a Certificate of Occupancy. The DEVELOPER is required to submit a Plan .for CITY approval that identifies existing tree growth within the Plat that will be protected during 'construction, and identifies the location and species of the new plantings. The trees to be protected must be identified on the grading plan, and the plan must require the installation of 'tree save fences' prior to land clearing or grading. In addition, the requirement for this Plan shall be fulfilled by the DEVELOPER as follows: a) Minimizing the impact of construction on trees in accordance with Minnesota Extension Service publication "Protecting Trees From Construction Damage" (Publication ~NR-FO-6135-S). b) Planting one two-inch diameter tree (or equivalent thereof) of an approved species at the road frontage of each of the lot in the Plat prior to the issuance of a Certificate of Occupancy. For trees intended to be planted between the sidewalk and the street, the specific locations must be staked in advance of planting and approved by the CITY. In the event the weather is not conducive to tree or planting sod in the boulevard at the time of Certificate of Occupancy, the Building Permit holder shall place a cash deposit in the amount of $300.00 for trees and $300.00 for sod in an escrow account with the CITY and upon verification of the planting being accomplished, said cash deposit shall be refunded to the Building Permit holder. Failure of the Builder to comply with the planting requirement within a reasonable time frame following a determination by the CITY that weather conditions are conducive to planting shall give the CITY authority to cause the planting, the cost of which shall be charged to the escrow account and the Builder shall not be eligible for a refund of the caSh deposit made for this purpose. 21. Tree Disease Prevention and Disposal. The DEVELOPER shall prevent the introduction and spread of tree disease into the residual tree populations of the Plat and adjoining properties as well as mitigate the effects of construction activity on tree health, within and outside of the Plat. The DEVELOPER, in order to protect trees from construction damage shall: a) Install physical barriers, such as snow fence, around trees that are to remain after initial grading; The fencing shall be located at the dripline of these 'save' trees. -119-