Agenda - Council - 03/14/2006 - Laserfiche WebLink

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-168- Plat for recording. These monies, together with the Park Dedication (Item #16) shall be available for construction of a ten-foot bituminous trail from the western most line of the Plat, to the Road Right of Way of Nowthen Boulevard, as a Stage I Improvement. The plans for the trail construction shall be received by the CITY for approval within 90 - days from the date of final plat approval. If it is determined that the construction costs exceed the Park Dedication and Trail Fees associated with this Plat, future phases shall be credited. Upon plan approval, and completion of the construction of the trail by the DEVELOPER, the CITY shall release payment for those improvements. 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 Limonite Street N.W., Olivine Street N.W., 167th Terrace N.W., and I70th Trail N.W. The costs associated with sidewalk construction are not' eligSble as a credit towards the Trail Development Fees and/or Park Dedication requirements due on the Plat. 20. 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 and Tree Inventory prepared by Passe Engineering, dated February 2, 2006. 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: Minimizing the impact of construction on trees in accordance with Minnesota Extension Service publication "Protecting Trees From Construction Damage" (Publication #NRoFO-6135-S). b) For trees intended to be planted between the sidewalk and the street, the specific locations must be staked in advance of pl.anting 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/m 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: Brookfiehl First Addition Development Agreement Page 9 of 14