Agenda - Council - 02/28/2006 - Laserfiche WebLink

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-162- Therefore, a payment in the mount of Twenty Six Thousand Six Hundred Eight Dollars and no cents ($26,680.00) (46 lots x $580/1o0 shall be paid to the CITY prior to releasing the Plat for recording. The three (3) existing homesteads (Lots 1-3, Block I) and the commercial lots (Lots 7 and 8, Block 2) are exempt from the Park Dedication Fee. A portion of the trail construction described in Item #20 is eligible for credit against the Trail Fees due on the Plat. 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%. Sidewalk construction will occur along both sides of Helium Street N.W., 152"d Way N.W., Krypton Terrace N.W., and along the north side of 152"d Lane 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. Trail Construction. The DEVELOPER shall construct a trail adjacent to Nowthen Blvd. N.W. from Alpine Drive N.W., south to 150tl~ Lane N.W. The construction costs for that segment of trail between the south boundary of the Plat and 150th Lane N.W. shall be eligible - for credit against the Trail Fees due on the Plat. 2I. Tree, Shrub and Sod Planting Plan. The addition of trees, shrubs and sod to the Plat shall be in accordance with the approved Landscape Plan prepared by Passe Engineering, dated April 27, 2004, revised June 25, 2004, and the Tree Plan prepared by Passe Engineering, dated March 31, 2004. The trees to be protected during construction 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) 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. 22. 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 ~l/[eadow Subdivision Development Agreement Page 8 of 12