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07-12-21-R
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07-12-21-R
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7/13/2021 12:53:55 PM
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7/13/2021 12:42:15 PM
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<br />2021-07-12 Final Version 8 <br />14. TIME OF PERFORMANCE. Intentionally deleted. <br /> 15. 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 <br />appropriate by the City and permitted under this Agreement in conjunction with the <br />Development. <br /> 16. 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 <br />of 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 <br />control plan, seed shall be in accordance with the City's current seeding specification which may <br />include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded <br />areas shall be maintained as necessary for seed retention. The parties recognize that time is of the <br />essence in controlling erosion. If the Developer does not comply with the erosion control plan <br />and schedule or supplementary instructions received from the City, the City may take such action <br />as it deems appropriate to control erosion. The City will endeavor to notify the Developer in <br />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 <br />cost the City incurred for such work within ten (10) days, the City may draw down the Letter of <br />Credit posted as the Security to pay any costs. No development, street or utility construction will <br />be allowed and no building permits will be issued unless the plat is in full compliance with the <br />approved erosion control plan.
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