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Developer shall restore the property described on <br />Exhibit A to a condition that is acceptable to the City <br />by October 30, 2009. Restoration shall include but not <br />be limited to all stockpiled material being removed <br />from the site with final site grades at least two feet <br />and not more than four feet above adjacent road <br />elevations and with no greater than a two percent grade <br />away from those control points. The final site shall <br />be graded smooth and shall consist of gravel or four - <br />inches of topsoil appropriately seeded. The Developer <br />City shall require thc poster e€ a performance and <br />payment bond s__ci*-t-y in the amount of $500,000 in a <br />form acceptable to the City, by thc Devel per in an <br />am unt Sufficient to cover any costs which would be <br />incurred in the restoration of the property described <br />on Exhibit A. Should Developer fail to have stockpiled <br />materials removed from the site by September 30, 2009, <br />then title /ownership of any materials remaining on the <br />site shall be vested in the City and the City may use <br />whatever methods it deems appropriate to remove the <br />materials from the site within a reasonable time frame. <br />Any revenues generated by this activity shall be the <br />sole possession of the City and will not reduce the <br />Developer's financial obligation guaranteed by the <br />performance and payment bond. <br />All other provisions of the Development Contract, dated <br />October 1, 1990, and all Amendments thereto, shall remain in full <br />force and effect. <br />4 <br />PAGE 6 <br />