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<br />10. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a <br />temporary license to enter and to perform all work and inspections deemed appropriate by the City in <br />conjunction with the redevelopment of the Site. <br />11. EROSION CONTROL. Prior to initiating any other work on the Site, the erosion control measures <br />shown on Plan B shall be in place and inspected and approved by the City. The City may impose additional <br />erosion control requirements if reasonably required. All areas disturbed by the excavation and backfilling <br />operations shall be restored in accordance with the requirements of all applicable permits including MPCA, <br />NPDES, Arden Hills Grading and Erosion Control, and RCWD construction permits. All landscape plan <br />grassed areas shall be seeded, fertilized, mulched, and disc anchored as necessary for seed retention, or <br />sodded. The parties recognize that time is of the essence in controlling erosion. If the Developer does not <br />comply with the erosion control plan and schedule or supplementary written instructions received from <br />the City, the City may take such action as it deems appropriate to control erosion. The City will notify the <br />Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's <br />and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the <br />City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any <br />such costs. No development, utility or street construction will be allowed and no building permits will be <br />issued unless the Site is in full compliance with the approved erosion control plan. <br />12. GRADING PLAN. The Site shall be graded in accordance with the approved grading development <br />and erosion control plan, Plan "B". The plan shall conform to City of Arden Hills specifications. Prior to the <br />Developer obtaining a certificate of occupancy, the Developer shall provide the City with an "as <br />constructed" grading plan certified by a registered land surveyor or engineer that all ponds, swales, and <br />storm sewers have been constructed in accordance with the Plans. Notwithstanding the foregoing, the <br />City may issue building permits to the Developer, prior to completion of all grading, provided the City <br />Engineer has determined that adequate erosion control measures are in place. The "as built" site plans <br />9 <br />180498v2