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All basement andlor foundation excavation spoil piles shall be kept completely off CITY right-of-way and shall be completely surrounded with an approved erosion control silt fence. 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. All areas disturbed by the excavation and backfilling operations shall be reseeded within 72 hours after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be rye grass or other fast-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 CITY also requires that approved erosion control fencing and rock construction entrances be installed at locations designated by the City Engineer at the time of building permit issuance and remain in place until vegetation on the lot is established. The parties recognize that time is of the essence in controlling erosion. If the Plat development does not comply with the erosion control plan or supplementary instructions received from the CITY, the CITY 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. No development will be allowed and no building permits will be issued unless the Plat is in full compliance with the erosion control requirements. 12. Clean up. The DEVELOPER shall periodically and promptly 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 weekly 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 will complete or contract to complete the clean-up at the DEVELOPER'S expense, as per the conditions under Paragraph 11. 13. 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. 14. Ownershia of Imurovements. Upon completion and CITY acceptance of the wark and construction required by this Contract, all improvements lying within public rights-of- way and easements shall become CITY propertywithout further notice or action. Page 5 of 11