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22. <br /> <br />Tree, Shrub and Sod Planting Plan. The addition of trees, shrubs and sod to the Plat <br />shall be in accordance with the approved Landscape Plan prepared by Passe Engineering, <br />dated April 27, 2004, revised June 25, 2004, and the Tree Plan prepared by Passe <br />Engineering, dated March 31, 2004. The trees to be protected during construction must <br />be identified on the grading plan, and the plan must require the installation of 'tree save <br />fences' prior to land clearing or grading. In addition, the requirement for this Plan shall be <br />fulfilled by the DEVELOPER as follows: <br /> <br />a) <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 />23. <br /> <br /> b) 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 />--Tree Disease Prevention and Disposal. The DEVELOPER shall prevent the <br /> introduction and spread of tree disease into the residual tree populations of the Plat and <br /> adjoining properties as well as mitigate the effects of construction activity on tree health, <br /> within and outside of the Plat. The' DEVELOPER, in order to protect trees from <br /> construction damage 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) 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 />-312- <br /> <br />c) 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) 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 /> Meadow Subdivision <br /> Development Agreement <br /> Page 9 of 13 <br /> <br /> <br />