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2002-12-12 Undertaking to Comply with Ordinances 12l11/20el2 22: 57 612550<:J.913 MOEN LEUER PAGE B2 UNDERTAKING TOCOMPL Y WIm ORDINANCES Whereas, LBUER-MUNSTERTEIGER PROPERTIES. INC. ('1Jeveloper") and the CITY OF ALBERTVILLE ("City") have entered into a Developer's Agreement relating to Kollville Estates ~d Addition ("Developer's Agreemenf'); and Whereas, 1he City has notified Developer that it is in violation of pmticular provisions of the Developer's Agreement; and Whereas, Developer desires to come into compliance with the requirements of the Developer's Agreement by completing the items listed below; and Now, Therefore, the Developer represents to the City that if the City suspends its current default proceedings against Developer, Developer will do the following: 1. Developer sb.aU sweep an of the streets of Kollville ES1ates and KoUville Estates Second Addition where Qonstmction activity is occurring at least three times a week from the date of this agreement 1D1tU the Wright County Highway Department places weight restrictions on its highways in spring of2003. Said sweeping shall be conducted using a bobcat with a broom attachment. 2, Once said road weight restrictions have been removed by 1he Wright County Highway Department, Developer shall sweep said streets daily when construction activity is occuning thereafter. 3. Developer shall also sweep said streets whenever specifically requested by the City. 4. By December 13, 2002~ Developer shall install silt fencing or haybaJes around all ponds and wetlands adjacent to areas with disturbed soils such that all water entering said ponds or haybales shall be first filtered by said haybales or silt fencing before entering said ponds or wetlands. .5. Developer sb.al1 clean all ponds of silt by May 30~ 2003 such that the ponds' original storm water storage design capacity is restored. 6. By December 13, 2002, Developer shall clean all catch basins of dirt, rocks and debris and shall keep said catch basins clean so long as construction continues in Ko1lvi11e Estates and Kollville Second Addition. 12/11/2062 22:57 &125503913 MOEN LEUER 7. By December 13, 2002, Developer shall install silt fencing or hay bales around an catch basins located in yards with disturbed soils such that all stonn water will be first filtered by said silt fencing or hay bales before entering the catch basins. 8. Developer shall keep Wright County Highway 37 clean at aU times of all dirt and debris arising from the development of KoUville Estates and KoUville Estates Second Addition. By: Its: ~. f Ph /~""1P.-62 2 PAGE 03