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<br />11 <br />188032v2 <br />9. DEWATERING. Due to the variable nature of groundwater levels and stormwater <br />flows, it will be Developer’s and Developer’s contractors and subcontractors responsibility to satisfy <br />themselves with regard to the elevation of groundwater in the area and the level of effort needed to <br />perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all <br />applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations <br />permits shall also be followed. <br />10. TIME OF PERFORMANCE. The Developer shall install all required public and <br />private improvements for Phase I as contemplated by Section 2 and 5 and the approved Project Plans by <br />December 31, 2016, with the exception of the final wear course of asphalt on any public streets. The final <br />wear course on public streets shall be installed before September 15th the first summer after the base <br />layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an <br />extension of time from the City. If an extension is granted, it shall be conditioned upon updating the <br />security posted by Developer to reflect cost increases and the extended completion date. Final wear <br />course placement must have the written approval of the City Engineer, and may be delayed or scheduled <br />at any time of the year based upon existing site conditions at the discretion of the City Engineer. <br /> 11. LICENSE. The Developer hereby grants the City, its agents, employees, officers and <br />contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate <br />by the City in conjunction with the Development. <br /> 12. EROSION CONTROL. Prior to initiating site grading, the Erosion Control Plan shall be <br />implemented by the Developer 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 reseeded within five (5) business days after the completion of the work, weather <br />permitting, or in an area that is inactive for more than ten (10) days unless authorized and approved by the <br />City Engineer. Except as otherwise provided in the Erosion Control Plan, seed shall be in accordance with <br />the City's then-current seeding specification which may include certified oat seed to provide a temporary