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Plan B –Grading Plans dated the dated the day of April, 2018, prepared by <br />Sambatek. <br /> <br /> 4. Time of Performance. The Developer shall complete the grading and erosion <br />control in the Plats by November 30, 2019. The Developer may, however, request an extension of <br />time from the City. If an extension is granted, it shall be conditioned upon updating the security <br />posted by the Developer to reflect cost increases and the extended completion date. <br /> <br /> 5. Erosion Control. Plan A shall be implemented by the Developer and inspected and <br />approved by the City. The City may impose additional erosion control requirements if they would be <br />beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded <br />forthwith after the completion of the work in that area. Except as otherwise provided in Plan A, <br />seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a temporary <br />ground cover as rapidly as possible. All seeded areas shall be mulched and disc anchored as <br />necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. <br />If the Developer does not comply with Plan A and schedule or supplementary instructions received <br />from the City, the City may take such action as it deems appropriate to control erosion. The City will <br />endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so <br />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 thirty (30) days, the City may <br />draw down the Letter of Credit to pay any costs. No other development will be allowed and no <br />building permits will be issued unless the Land is in full compliance with the erosion control <br />requirements and the Developer has received official approval of the Plat and has executed all <br />agreements reasonably required by the City. <br /> <br /> 6. Grading Plan. The proposed Plat shall be graded in accordance with Plan B. All <br />ponds, swales, and ditches shall be constructed on public easements or land owned by the City. <br />Within thirty (30) days after completion of the grading and before the City releases the Security <br />provided for in paragraph 8 of this Permit, the Developer shall provide the City with an "as <br />constructed" grading plan and a certification by a registered land surveyor or engineer that all ponds, <br />swales, and ditches have been constructed on public easements or land owned by the City. <br /> <br /> 7. Clean up. The Developer shall promptly clean dirt and debris from streets that has <br />resulted from construction work by the Developer, its agents or assigns. <br /> <br /> 8. Security. To guarantee compliance with the terms of this Permit, the Developer shall <br />furnish the City with a cash escrow or irrevocable letter of credit equal to the cost of the proposed <br />work, per the form attached hereto as Exhibit B, and from a bank acceptable to the City ("security") <br />for $50,000. The bank and form of the letter of credit shall be subject to the approval of the City. <br />The letter of credit shall be for a term ending December 31, 2018. <br /> <br /> 9. Responsibility for Costs. <br /> <br />A. Except as otherwise specified herein, the Developer shall pay all costs <br />incurred by it or the City in conjunction with the grading and erosion control, <br />including but not limited to legal, planning, engineering and inspection expenses <br />incurred in connection with approval and acceptance of the permit, the preparation