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completed by the DEVELOPER at its cost and approved by the City Engineer. 2 DEVELOPED shall furnish the City Engineer satisfactory proof of payment for the site 3 grading work and shall submit a certificate of survey as- constructed survey) of the t1j, development to the CITY after site grading, with street and lot grades. All improvements 5 to the lots and the final grading shall comply with the grading plan as submitted and shall 6 be the responsibility of the DEVELOPED, 7 8 All basement and/or foundation excavation spoil piles shall be kept completely off CITY 9 right- of-way and shall be completely surrounded with an approved erosion control silt 10 fence. 12 11. Erosion Control, )prior to site grading, and before any utility construction is commenced 13 or building permits are issued, the erosion control plan, Plan B, shall be implemented, 14 inspected and approved by the CITY. All areas disturbed by the excavation and 15 backf i lling operations shall be reseeded within 72 hours after the completion of the work 16 in that area. Except as otherwise provided in the erosion control plan, seed skull be rye 17 grass or other fast - growing seed suitable to the existing soil to provide a temporary 18 ground cover as rapidly as possible. Sod is required on all slopes greater than ten percent 19 .,(10 %) gradients or as directed by the City Engineer. All seeded areas shall be mulched 20 and disc anchored as necessary for seed retention. 21 22 The CITY also requires that approved erosion control fencing and rock construction 23 entrances be installed at locations designated by the City Engineer at the time of building 24 permit issuance and remain in place until vegetation on the lot is established. 25 26 The parties recognize that time is of the essence in controlling erosion. If the plat 27 development does not comply with the erosion control plan or supplementary instructions 28 received ftorn the CITY, the CITY may take such action as it deerns appropriate to 29 contro l erosion. The CITY will endeavor to notify the DEVELOPED in advance- of any 30 proposed action, but failure of the CITY to do so will not affect the ICE'- ELOPED' or 31 CITY'S rights or obligations hereunder. If the DEVELOPER does not reimburse the 32 CITY for any cost the CITY incurred for such work within thirty (30) days, the CITY 33 may draw down the letter of credit to pay any costs. No development will he allowed and 34 no building permits will be issued unless the Plat is in full compliance with the erasion 35 control requirements. 36 37 12. Mean .'The DEVELOPED shall periodically and promptly clean dirt and debris from 38 streets that has resulted from construction work by the DEVELOPER, its agents or 39 assigns. The CITY will inspect the site on a weekly basis and determine whether it is 40 necessary to take additional measures to clean dirt and debris from the streets. After the 41 DEVELOPER has received 4 -hour verbal notice, the CITY will complete or contract to 42 complete the clean -up at the DEVELOPER'S expense, as per the conditions under 43 Paragraph 11. 44 45 13. License. The DEVELOPED hereby grants the CITY, its agents, employees, officers and 46 contractors a license to enter the Plat to perform all work and inspections deemed Page 6 of 12