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Natures Refuge North <br />Trunk Utility Agreement <br />August 11, 2025 <br /> page 2 <br />contractor shall be approved by the City in its absolute and sole discretion. The <br />Developer Improvements shall be constructed per the City Standard Specifications for <br />Construction January 2024. <br />The estimated cost of Developer Improvements is as shown on Exhibit B attached <br />hereto. All Developer Improvements shall require City inspection and approval and, <br />where appropriate, the approval of any other governmental agency having jurisdiction. <br />The Developer shall construct and install at the Developer's sole cost and expense the <br />following improvements according to the following terms and conditions: <br />a. Site Grading. Not applicable to this Agreement. There is a separate Grading <br />Agreement for Exhibit A property Resolution No. 25-66. <br />b. Site Improvements <br />i. The street right-of-way, storm water storage ponds, and surface water <br />drainage ways are to be graded per a separate early grading agreement. <br />Surface water management systems shall be maintained by the <br />Developer until they are accepted by the City. <br />ii. The Developer shall be responsible for ascertaining that site geotechnical <br />and groundwater conditions are adequate and conforming with the site <br />improvements as proposed. The Developer shall provide testing from an <br />approved testing company. <br />iii. The Developer shall install sanitary sewer, water, and storm sewer <br />utilities. The Developer’s engineer shall certify in writing, with an as-built <br />survey, that utility installation complies with the approved construction <br />plans. <br />iv. The Developer shall promptly clear dirt and debris within public rights-of- <br />way and drainage and utility easements resulting from construction by <br />the Developer, its purchasers, builders and contractors within five (5) <br />days after notification by the City. The Developer shall be responsible for <br />all necessary street and storm sewer maintenance, including street <br />sweeping, unless otherwise released by the City. <br />7. Time of Performance. The Developer shall install all required improvements <br />enumerated in Paragraph 6 by November 30, 2025. The Developer may request a <br />reasonable extension of time from the City, and the City will consider the extension in <br />its sole discretion. If the extension is granted, it shall be conditioned upon updating the <br />security posted by the Developer to reflect cost increases and the extended completion <br />date. <br />Page 641 of 679