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9. Uncompleted Site Work. Before City will issue a Certificate of Occupancy for any <br />structure on the Subject Property, Developer must provide City with a cash escrow <br />in the amount of 125°/0 of the estimated value for any uncompleted site work, <br />including landscaping. This escrow will be returned to Developer upon completion <br />of all site work, including landscaping. If Developer fails to timely complete any <br />uncompleted site work or landscaping, City shall be allowed to use this cash escrow <br />to complete such unfinished work. <br />10. Noise. At no time shall noise originating from the Subject Properly exceed 60 <br />decibels as measured at the property lines of abutting residential properties for any <br />sustained period of time. Any noise originating from the Subject Property in <br />violation of this paragraph shall be considered a public nuisance and subject any <br />owner of the Subject Property to criminal and/or civil penalties as allowed by city <br />ordinances and state law. <br />11. Development Grading and Utility Plans. Before Developer begins construction, it <br />shall obtain approval from the City of Hastings of all development, grading and <br />utility plans required by the City. The Developer agrees to be responsible for any <br />costs incurred by the City in having the City's consultant review Developer's grading <br />and utility plans. <br />12. Site Plan Escrow Amounts. Before any building permit shall be issued by the City, <br />Developer agrees to deposit with the City, cash escrows in an amount necessary to <br />guarantee the completion of site plan activities on the Subject Property. <br />13. Recording the Final Plat. The final plat of the Subject Property must be submitted <br />5 <br />