2021-09-22 CC Packet - Laserfiche WebLink

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9.TIME OF PERFORMANCE.The Developer shall install all required public ) in the Planswith the exception of the final wear course of asphalt byDecember 31, 2022.Developer shall install the wear course by November 1, 2023. 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 oneyear longer than If the deadline is extendedSecurity 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. AsDeveloper moves forward with future developmentof theOutlots, the installation of thoserequired public improvements and their associated deadlines shall be the subject of an amendment to this Agreementusing 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 theStormWater Pollution Prevention Plan(SWPPP), and inspected under the terms of the National Pollutant Discharge Elimination System Permit For StormWater 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 Agencyor 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 tothe Developer in advance of any proposed actionby calling Matt Rehbein at 612-282-7153, but failure of the City togive Developer actual notice Version 09/17/2021 Page 7