J-1 - Developers Agreement Prairie Village Commercial - Part 3

operations shall be reseeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion, and, if the Developer does not comply with the erosion control plan or any supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and assess the costs of such action to the Developer or the property, or both. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. B. Grading. No grading of any nature may occur on this property until a grading plan is implemented by the Developer and approved by the City. Within ninety (90) days after the completion of any grading, the Developer shall provide the City with an “as-constructed” grading plan and a certification by registered land surveyor or engineer that all ponds, swales and ditches, if any, have been constructed in accordance with the plans approved by the City. SECTION 6. PHASED DEVELOPMENT N/A SECTION 7. PUBLIC IMPROVEMENTS AND ASSESSMENT WAIVER A. If all the public improvements and facilities, except for sidewalk construction deferred in accordance with Section 3(C)(4), are not installed and accepted by the City prior to approval of the final plat for either Phase 1 or Phase 2, the Developer is required to either deposit in escrow or file a surety bond with the City in the amount equal to the estimated costs of the public improvements and facilities in accordance with Section 5.12 of the Tiffin Subdivision Ordinance for the Phase in which Developer is requesting final plat approval. B. Developer agrees to provide to the City, as per Section 3.05 of the Tiffin Subdivision Ordinance, proper maintenance bonds satisfactory to the City, so as to insure that for a period of three (3) years from the date of acceptance of any improvement, the Developer shall be responsible to maintain such improvement in good repair. The City may, at its sole discretion, accept alternative sureties to maintenance bonds to insure the workmanship of the improvements accepted by the City. C. In the event the Developer, its assigns or successors in interest, should sell or convey lots in said subdivision without having constructed the public improvements and facilities as provided in this Agreement or without the City having accepted all public improvements and facilities; or the Developer, its assigns or successors in interest in said subdivision, shall fail to construct sidewalks as set forth in Section 3(C)(4), the City shall have the right to install and construct said improvements, facilities and sidewalks. Unless City is fully reimbursed for these costs from the escrowed money or surety bond held by the City, the costs of said public improvements, facilities and sidewalks shall be a lien and charge against all of the lots adjacent to or in front of the improvements, facilities and sidewalks that are constructed and 6