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October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The <br /> Developer may, however, request an extension of time from the City. If an extension is granted, it shall be <br /> conditioned upon updating the"security"to reflect cost increases and the extended completion date. Final <br /> wear course placement must have the written approval of the City Engineer, and may be delayed or <br /> scheduled at any time of the year based upon existing site conditions at the discretion of the City Engineer. <br /> 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and <br /> contractors a license to enter the Land to perform all work and inspections deemed appropriate by the City <br /> 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 and <br /> approved by the City or other permitting authority. The City or other permitting authority may impose <br /> additional erosion control requirements if reasonably required. All areas disturbed by excavation and <br /> backfilling operations shall be restored according to the terms of the permit requirements. Except as <br /> otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding <br /> specification which may include certified oat seed to provide a temporary ground cover as rapidly as <br /> possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. <br /> The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply <br /> with the erosion control plan and schedule or supplementary instructions received from the City or <br /> Minnehaha Creek Watershed District, 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 failure of <br /> the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer <br /> does not reimburse the City for any cost the City incurred for such work within ten(10) days,the City may <br /> draw down the "security"to pay any costs. No development,utility or street construction will be allowed <br /> and no building permits will be issued unless the Land is in full compliance with the approved erosion <br /> control plan. <br /> 15. GRADING. The Land shall be graded in accordance with the approved grading <br /> development and erosion control plan, Plans "D", "E", and "F", subject to construction plan review <br /> comments from the City Engineer. The plans shall conform to City of Orono specifications. Within thirty <br /> (30) days after completion of the grading and before the City approves individual building permits the <br /> Developer shall provide the City with an "as constructed" grading plan certified by a registered land <br /> surveyor or engineer that all ponds,swales,and ditches for public drainage have been constructed on public <br /> easements or land owned by the City. Notwithstanding the foregoing,the City may issue building permits <br /> to the Developer, prior to completion of all grading, provided the City Engineer has determined that <br /> adequate erosion control measures are in place, The "as constructed" plan shall include field verified <br /> 180976 6/22/15 mpg 5 <br />