2021-08-25 CC Packet - Laserfiche WebLink

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9. TIME OF PERFORMANCE. The Developer shall install all required public improvements ("Public Improvements") in the Plans with the exception of the final wear course of asphalt by December 31, 2021. Developer shall install the wear course by November 1, 2022. The Developer may, however, request an extension of time from the City. The City may exercise the power to delay installation of the wear course for a period no more than one year longer than the Developer's deadline. If the deadline is extended Security posted by the Developer shall be updated to reflect cost increases and the extended completion date. The City may only exercise the power to delay installation of the wear course for good cause shown. As Developer moves forward with future development of the Outlots, the installation of those required public improvements and their associated deadlines shall be the subject of an amendment to this Agreement using the principals governing First Phase. 10. LICENSE. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the Land to be platted to perform all work and inspections deemed appropriate by the City in conjunction with the Final Plat development and the Improvements. 11. EROSION CONTROL. The erosion control shall be implemented by the Developer according to the Storm Water Pollution Prevention Plan (SWPPP), and inspected under the terms of the National Pollutant Discharge Elimination System Permit For Storm Water Discharge Related To Construction Activity (NPDES permit). The City or Rice Creek Watershed District may impose additional erosion control requirements if field conditions warrant. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, Minnesota Pollution Control Agency or the Rice Creek Watershed District, the City may take such action as it deems appropriate to control erosion. The City will designate a contact person responsible for erosion control issues. The contact person will attend the pre -construction meeting. Except in case of emergency, the City will give 48-hour notice to the Developer in advance of any proposed action by calling Matt Rehbein at 612-282-7153, but failure of the City to give Developer actual notice will not affect the Developer's and City's rights or obligations Version 08/20/2021 for Council packet Page 8