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L�ni� t{+r��'.�x� 9. Gradin� ��a�IS��e Gradin�. The DEVELOPER shall submit to the CITY a site grading and drainage plan for the entire plat acceptable to the CITY showing the grades and drainage for each lot prior to installation of the improvements. Site grading shall be completed by the DEVELOPER at its cost and approved by the City Engineer. The DEVELOPER shall fizrnis� the City Engineer satisfactory proof of payment for the site grading work and shall submit a certificate of survey (as- constructed survey) of the development to the CITY after site grading, with street and lot grades. All improvements to the lots and the final grading shall comply with the grading plan as submitted and shall be the responsibilityof the DEVELOPER. 10. License. The DEVELOPER hereby grants the CITY, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the CITY during the installation of public improvements by the CITY. The license shall expire after the plat has been developed. 11. Erosion Control. Prior to site grading, and before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by the CITY. No construction activity will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. • All areas disturbed by the excavation and backfilling operations shall be reseeded within 72 hours after the comoletion of the wor1� in that area. • All basement andlor foundation excavation spoil piles shall be kept completely off CITY right- of-way and shall be completelv surrounded with an approved erosion control silt fence. • Excep� as otherwise �a�7��i�t�t iTM the erosion control p�an, seed shall be rye grass or other fas�- growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. • Sod is required on all slopes greater than ten percent (10%) gradients or as directed by the City Engineer. • All seeded areas shall be mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the plat development does not comply with the erosion control plan and schedule or supplementary instructions received from the CITY, the CIT'Y may take such action as it deems appropriate to control erosion. The CITY will endeavor to notify the DEVELOPER in advance of any proposed action, but failure of the CITY to do so will not affect the DEVELOPER's or CITY's rights or obligations hereunder. If the DEVELOPER does not reimburse the CITY for any cost the CITY incurred for such work within thirty (30) days, the CITY may draw down the letter of credit to pay any costs. 12. Clean up. The DEVELOPER shall clean dirt and debris from streets that has resulted from construction work by the DEVELOPER, its agents or assigns. The CITY will inspect the site on a weel�ly basis and determine whether it is necessary to take additional measures to clean dirt and debris from the streets. After the DEVELOPER has received 24-hour verbal notice, the CITY Page 4 of 9