2007-07-11 Set Agenda & Handouts

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10. TIME OF PERFORMANCE. The Developer shall install all Developer Improvements set forth in the Plans by December I, 2008. Publie Improvements, 'With the &XooptiOB of the final wear eourse ef asphalt OB streets shall be eompleted by Deeember 1, 2007. The mal '.~ar eourse OB streets must be installed no later than Deeember 1, 2008. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the Security posted by the Developer to reflect cost increases and the extended completion date. Final wear eourse plaeemoot outside of this time frame must have the \vrltten appro';aJ. of the City Engineer. 11. 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 rCa!:lonably deemed appropriate by the City in conjunction with the Plat development and the Improvements. 12. EROSION CONTROL. The erosion control shall be implemented by the Developer according to the Grading Plan and inspected and approved by the City. The City or Rice Creek Watershed District may impose additional erosion control requirements if field conditions warrant. All areas disturbed by the excavation and backfilling operations shall be reseeded within forty-eight (48) hours after the completion of the work or in an area that is inaCtive for more than seven (7) days, unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification, which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. 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 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. The City will endeavor to notify the Developer in advance of any Hanzal Development Agreement v91.docHa.nmJ Deyelel3meat Agreemeat ';<)8 6