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and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area that is <br /> inactive for more than seven (7) days unless authorized and approved by the City Engineer. Except as otherwise <br /> provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which <br /> may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be <br /> fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the <br /> essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or <br /> supplementary instructions received from the City or the Minnehaha Creek Watershed District,the City may take such <br /> action as it deems 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 obligations <br /> hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten(10) <br /> days,the City may draw down the letter of credit to pay any costs. No development,utility or street construction will <br /> be allowed and no building permits or certificates of occupancy will be issued unless the Development/PRDA/PUD <br /> #9 is in full compliance with the approved erosion control plan. Prior to final development approval by the Orono <br /> City Council,the Developer shall provide a$5,000.00 security to guarantee compliance with the approved erosion <br /> control plan. The security required in this paragraph shall be included within the"erosion control and engineering <br /> oversight"escrow established within this Contract. <br /> 12. GRADING PLAN. The Development/RPUDA/PUD #8 shall be graded in accordance with the <br /> approved Sheet 4 of 6-Grading Plan and Sheet 5 of 6-SWPPP subject to construction plan review comments from <br /> the City Engineer. The plan shall conform to City of Orono specifications. Prior to the issuance of a certificate of <br /> occupancy for any new residence,the Developer shall provide the City with an"as constructed"grading plan certified <br /> by a registered land surveyor or engineer that all storm water treatment basins, swales, and ditches have been <br /> constructed on public easements pursuant to the above referenced plans. The"as constructed"plan shall include field <br /> verified elevations of the following: a) cross sections of storm water treatment basins; b) location and elevations <br /> along all swales, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow <br /> areas/stockpiles, and installed"conservation area"posts; and c)lot corner elevations and building pads, and all other <br /> items listed in City Code Section 86-68 (3). The"as constructed" plan shall also contain the information previously <br /> 6/12/14;MPG 9/16/14 5 Orono/Oliver Hill/No. 13-3637& 14-3685 <br /> 176712v2 <br />