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Gervais Hill Grading Permit Agreement components in compliance with this Agreement, and compliance with the terms and conditions of approval of the Gervais Hills Preliminary Plat as delineated by City Resolution Number 2004- 9 -223 and RWMWD Permit #04 -44. Said surety shall be immediately available for City's use to complete part or all of the construction in a timely and satisfactory manner, as determined in the sole discretion of City. Said surety shall remain in full force and effect until completion and acceptance of the Grading and Drainage Improvements based on the sole determination of City. 8. The Developer agrees that the terms of the financial security shall be deemed to have been violated if the Developer fails to perform aater notice and a reasonable oppor%uniev to cure.. except in case of emeruency, any of the terms of this Contract in the manner required by the City. Determination of a violation of the terms of the Contract shall be in the sole but rra sonable discretion of the City. The financial security shall be immediately available for use by the City to complete part or all of the Grading and Drainage Improvements in the event this agreement is breached or the Grading and Drainage Improvements are not completed acc.ordine to the plan and prior to ne- later= -than November 2.'1. 2004 (unless extended by the City due to eireumstances beyond the control of Developer) in ass-- teeeptable -Pw timely n a— k3-Red ary &del minmietaidilmiseietidMecettiotamitilme(itility, The City shall have the right to enter upon the property to inspect work or complete all or a portion of the Grading and Drainage Improvements as necessary. In the event the City does any such work, the City may, in addition to its other remedies, assess its costs in whole or in part. Engineering 9. Developer or their agents or assigns, shall keep the public streets clear of any soil, earth or debris resulting from work done by Developer or their agents or assigns. Any such materials must be promptly removed and in no event shall it be present more than 24 hours after placement. Failure to comply with this provision will result in the City undertaking this work with costs to be reimbursed by Developer pursuant to Paragraph #8. 10. Developer shall instruct its engineer to provide adequate field inspection personnel to ensure the grading is constructed in accordance with approved plans and specifications. In -4_