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