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10 <br />LA515\163\1077757.v2 <br />the inspection at each of the measurable points defined in the following paragraphs. <br />16. EROSION CONTROL. All construction regarding the Subdivision Improvements shall <br />be completed in a manner designed to control erosion and in compliance with the approved plans <br />and specifications for the construction, the City Code, the City’s Engineering Design and <br />Construction Standards Manual, all watershed district permits, the Minnesota Pollution Control <br />Agency’s best management practices, and other requirements including the City’s permit with the <br />Minnesota Pollution Control Agency for the municipal separate storm sewer system program. <br />Before initiating any work on the site, an erosion control plan must be implemented by the <br />Developer and inspected and approved by the City. Erosion and sediment control measures shall <br />be coordinated with the various stages of development. The City may impose additional erosion <br />control requirements at any stage in development as deemed necessary to maintain a compliant <br />site. All areas disturbed for site improvements must be reseeded by the Developer promptly after <br />the work in the area is complete unless construction of the next stage of the Subdivision <br />Improvements will begin in that area within seven (7) days. The parties recognize that time is of <br />the essence in controlling erosion. <br /> If the Developer does not comply with the erosion control plan and schedule or <br />supplementary instructions and warnings received from the City, the City may take such action <br />as it deems appropriate to control erosion. If the Developer does not reimburse the City for any <br />cost the City incurred for such work within 10 business days, the City may draw down the Security <br />to pay any costs. No development, utility or street construction will be allowed, and no building <br />permits will be issued by the City unless the Subdivision is in full compliance with the approved <br />erosion control plan. <br />If the City issues building permits before the acceptance of public Subdivision <br />Improvements, the Developer assumes all responsibility for erosion control compliance <br />throughout the Subdivision and the City may take such action as allowed by this Agreement <br />against the Developer for any noncompliant issue as stated above. Erosion control plans for