Res. #22-016 - Approving Land Use Documents for the Fairview Second Addition Plat

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installation of the wear course for a period no more than one year longer than the Owner's deadline. If the deadline is extended Security posted by the Owner 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. 9. LICENSE. The Owner hereby grants the City, its agents, employees, officers, and contractors a license to enter the Land and any structures, trailers, and vehicles thereon, to perform all work and inspections deemed appropriate by the City in conjunction with the Final Plat development and the Public Improvements. 11. EROSION CONTROL. The erosion control shall be implemented by the Owner according to the approved Plans, and inspected and approved by the City. The City or Rice Creek Watershed District may impose additional erosion control requirements as required by law. The parties recognize that time is of the essence in controlling erosion. If the Owner does not comply with the erosion control plan and schedule or supplementary instructions received from the City 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 hours notice to the Owner in advance of any proposed action, but failure of the City to do so will not affect the Owner's and City's rights or obligations hereunder. If the Owner does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down on the Security to pay any costs. No development, utility or street construction will be allowed, and no building permits will be issued unless the Developer is in full compliance with the approved erosion control plans. The Owner shall require all contractors and subcontractors working on the Project to comply with the applicable law regarding erosion control. Those contractors and subcontractors are to be advised of the City standards as to how they may be required to post surety to secure performance. The City will work cooperatively with the Owner in securing Owner's compliance with erosion control standards through the building permit process. DEVELOPMENT & SUBDIVISION AGREEMENT CENTERVILLE AND AMAZON.COM Draft Version 06/20212022 V2 Page 7