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19. Tree, Shrub and Sod Planting Plan.. The addition of trees, shrubs and sod to the Plat shall <br />be in accordance with the approved Landscape Plan. and Tree Inventory prepared by Passe <br />Engineering, dated March 29, 2007. The trees to be protected during construction must be <br />identified on the grading plan, and the plan must require the installation of `tree save fences' <br />prior to land clearing or grading. All required landscaping must be in place prior to the <br />release of a Certificate of Occupancy for all lots in the plat, or a surety for same must be <br />deposited with the Building Department. <br />In addition, the requirement for this Plan shall be fulfilled by the DEVELOPER as follows: <br />a) Minimizing the, impact of construction on trees in accordance with Minnesota <br />Extension Service publication Protecting Trees From Construction Damage" <br />(Publication 4NR -FO- 6135 -S). <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 />20. 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 />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 />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 />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 />Brookfield T hind Addition <br />Development Agreement <br />Page 7 of 11 <br />-103- <br />