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September 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 scheduled <br />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 in <br />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. The City may impose additional erosion control requirements if reasonably required. <br />All areas disturbed by excavation and backfilling operations shall be reseeded within five (5) days after the <br />completion of the work, weather permitting, or in an area that is inactive for more than ten (10) days unless <br />authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed <br />shall be in accordance with the City's current seeding specification .which may include certified oat seed to <br />provide a 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 controlling <br />erosion. If the 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 erosion. <br />The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to <br />do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not <br />reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down <br />the "security" to pay any costs. No development, utility or street construction will be allowed and no building <br />permits will be issued unless the Land is in fiill compliance with the approved erosion control plan. <br />190443v2 <br />