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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 June 1, 2020, with the exception of the final <br />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 and/or the MCWD. The City may impose additional erosion control <br />requirements if reasonably required. All areas disturbed by excavation and backfilling operations <br />shall be reseeded within five (5) days after the completion of the work, weather permitting, or in an <br />area that is inactive for more than ten (10) days unless authorized and approved by the City <br />Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance <br />with the City's current seeding specification which may include certified oat seed to provide a <br />temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and <br />disc anchored as necessary for seed retention. The parties recognize that time is of the essence in <br />controlling erosion. If the Developer does not comply with the erosion control plan and schedule <br />or supplementary instructions received from the City, the City may take such action as it deems <br />appropriate to control erosion. The City will endeavor to notify the Developer in advance of any <br />proposed action, but failure of the City to do so will not affect the Developer's and City's rights or <br />obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred <br />for such work within ten (10) days, the City may draw down the "security" to pay any costs. No <br />5 <br />