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<br />196456v7 <br /> 9. LICENSE. The Developer hereby grants the City, its agents, employees, officers <br />and contractors a license to enter the plat to perform all work and inspections deemed appropriate <br />by the City in conjunction with plat development. <br /> 10. EROSION CONTROL. Prior to initiating site grading, the erosion control plan <br />shall be implemented by the Developer and inspected and approved by the City. The City may <br />impose additional erosion control requirements if reasonably required. All areas disturbed by the <br />excavation and backfilling operations shall be reseeded within five (5) days after the completion of <br />the work, weather permitting, or in an area that is inactive for more than ten (10) days unless <br />authorized and approved by the City Engineer. Except as otherwise provided in the erosion control <br />plan, seed shall be in accordance with the City's current seeding specification which may include <br />certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall <br />be maintained as necessary for seed retention. The parties recognize that time is of the essence in <br />controlling erosion. If the Developer does not comply with the erosion control plan and schedule or <br />supplementary instructions received from the City, the City may take such action as it deems <br />appropriate to control erosion. The City will endeavor to notify the Developer in advance of any <br />proposed action, but failure of the City to do so will not affect the Developer's and City's rights or <br />obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred <br />for such work within ten (10) days, the City may draw down the letter of credit or escrow to pay <br />any costs. No development, street or utility construction will be allowed and no building permits <br />will be issued unless the plat is in full compliance with the approved erosion control plan. <br /> 11. GRADING PLAN. The plat shall be graded in accordance with the approved <br />grading development and erosion control plan. The plan shall conform to City of Arden Hills <br />specifications. Within thirty (30) days after completion of the grading the Developer shall provide <br />the City with an "as constructed" grading plan certified by a registered land surveyor or engineer.