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12. TIME OF PERFORMANCE. The Developer shall install all Improvements as <br />contemplated by Section 8 and the approved Plans by December 31, 2019, with the exception of <br />the final wear course of asphalt on private drive. <br />13. LICENSE. The Developer hereby grants the City, its agents, employees, officers <br />and contractors a license to enter the Land to perform all work and inspections deemed appropriate <br />by the City in conjunction with development of the Land. <br />14. EROSION CONTROL. Prior to initiating site grading, the storm water pollution <br />prevention plan, and the erosion control plan shall be implemented by the Developer and inspected <br />and approved by the City. The City may impose additional erosion control requirements if <br />reasonably required. All areas disturbed by excavation and backfilling operations shall be reseeded <br />within five (5) days after the completion of the work, weather permitting, or in an area that is <br />inactive for more than ten (10) days unless authorized and approved by the City Engineer. Except <br />as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current <br />seeding specification which may include certified oat seed to provide a temporary ground cover as <br />rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary <br />for seed retention. The parties recognize that time is of the essence in controlling erosion. If the <br />Developer does not comply with the erosion control plan and schedule or supplementary <br />instructions received from the City, the City may take such action as it deems appropriate to control <br />erosion. The City will endeavor to notify the Developer in advance of any proposed action, but <br />failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. <br />If the Developer does not reimburse the City for any cost the City incurred for such work within ten <br />(10) days, the City may draw down the "security" to pay any costs. No development, utility or street <br />5 <br />Ivy Place Development Contract <br />