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18. Tree and Sod Planting Plan. Sodded boulevards, in addition to yard trees in accordance <br /> with the Final Tree Plan dated August 5, 2002, are required for each lot in the Plat prior to <br /> issuance of a Certificate of Occupancy. The DEVELOPER is required to adhere to the Tree <br /> Preservation Plan dated August 5, 2002 and must protect the trees indicated during <br /> construction. The trees to be protected must be identified on the grading plan, and the plan <br /> must require the installation of 'tree save fences' prior to land clearing or grading. In <br /> addition, the requirement for this Plan shall be fulfilled by the DEVELOPER as follows: <br /> <br />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 /> <br />b) <br /> <br />For trees intended to be planted between the sidewalk and the street, the specific <br />locations must be staked in advance of planting and approved by the CITY. In the <br />event the weather is not conducive to tree or planting sod in the boulevard at the time <br />of Certificate of Occupancy, the Building Permit holder shall place a cash deposit in <br />the amount of $300.00 for trees and $300.00 for sod in an escrow account with the <br />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 <br />with the planting requirement within a reasonable time frame following a <br />determination by the CITY that weather conditions are conducive to planting shall <br />give the CITY authority to cause the planting, the cost of which shall be charged to <br />the escrow account and the Builder shall not be eligible for a refund of the cash <br />deposit made for this purpose. <br /> <br />19. Tree Disease Prevention and Disposal. The DEVELOPER shall prevent the introduction <br /> and spread of tree disease into the residual tree populations of the Plat and adjoining <br /> properties as well as mitigate the effects of construction activity on tree health, within and <br /> outside of the Plat. The DEVELOPER, in order to protect trees from construction damage <br /> shall: <br /> <br />a) Install physical barriers, such as snow fence, around trees that are to remain after <br /> initial grading. The fencing shall be located at the dripline of these 'save' trees. <br /> <br />b) <br /> <br />Insure that all equipment operators will have readily available, a tree wound dressing <br />and will apply it immediately to damaged oak trees if wounding occurs from April 15 <br />through July 15. <br /> <br />c) <br /> <br />Insure that trees will only be skidded against other trees that are to be removed. <br />Trees in the middle twenty (20) feet of a road easement will be removed first, with <br />remaining trees to be skidded toward the middle of the road easement. This same <br />procedure will apply to building sites. <br /> <br />d) <br /> <br />Mature trees, especially oak and elm, adjoining an easement so that roots enter the <br />disturbed construction area shall first be severed by a vibratory plow to prevent <br />shattering, scraping and exposure of roots of high value trees on adjoining property. <br /> Development Agreement/Highlands at River Park 4th Addition <br /> Page 7 of 11 <br /> <br /> <br />