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<br />229446v1 <br />4476897.v2 <br />county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall <br />also be strictly followed. <br /> 11. TIME OF PERFORMANCE. The Developer shall install all required public improvements by <br />November 30, 2025, with the exception of the final wear course of asphalt on streets. The final wear course <br />on streets shall be installed between August 15th and October 15th the first summer after the base layer of <br />asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time <br />from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the <br />Developer to reflect cost increases and the extended completion date. Final wear course placement outside <br />of this time frame must have the written approval of the City Engineer. No street construction will be allowed <br />after October 15 or prior to May 15 unless approved by the City Engineer. <br /> 12. LICENSE. The Developer hereby grants the City, its agents, employees, officers and <br />contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in <br />conjunction with plat development. <br /> 13. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be <br />implemented by the Developer and inspected and approved by the City. The City may impose additional <br />erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall <br />be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the <br />City’s current seeding specification which may include temporary seed to provide 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 with <br />the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or <br />supplementary instructions received from the City, the City may take such action as it deems appropriate to <br />control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure <br />of 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 thirty (30) days after demand <br />by the City, the City may draw down the letter of credit to pay any costs. No development, utility or street <br />Page 222 of 309