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<br />LA515-110-838683.v10 <br />including the City’s permit with the Minnesota Pollution Control Agency for the municipal separate <br />storm sewer system program. Before initiating any work on the site, the Developer must <br />implement an erosion control plan and have the City inspect and approve the erosion control <br />measures. The Developer shall coordinate and install erosion and sediment control measures <br />with the various stages of development. The City may impose additional erosion control <br />requirements at any stage in development as deemed necessary to maintain a compliant site. <br />The Developer shall promptly reseed all areas disturbed for Subdivision Improvements after the <br />work in the area is complete unless construction of the next stage of the Subdivision <br />Improvements will begin in that area within seven days. The parties recognize that time is of the <br />essence in controlling erosion. <br /> If the Developer does not comply with the erosion control plan and schedule or <br />supplementary instructions received from the City, the City may take such action as it deems <br />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 <br />obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred <br />for such work within 10 days, the City may draw on the Security to pay any costs. The City will <br />not allow any development or site work, utility, or street construction and the City will not issue <br />any building permits unless the Subdivision is in full compliance with the approved erosion control <br />plan. <br />15. SITE GRADING. In order to construct the Subdivision Improvements and <br />otherwise prepare the site for development, it will be necessary for the Developer to grade <br />the Subdivision property. All grading must be done in compliance with this Agreement <br />and the grading plans on file with the City. Within 30 days after completion of the grading, <br />the Developer shall provide the City with an “as built” grading plan and a certification by <br />a registered land surveyor or engineer as required in the City’s Engineering Design and