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• <br />• <br />Development Contract <br />Foxborough <br />August 22, 2005 <br />i) The street right -of -way, storm water storage ponds, and surface <br />water drainage ways shall be graded prior to commencement of <br />utility construction. <br />j) Drainage swales, ditches, storm water storage ponds and other high <br />risk erosion areas shall be protected from erosion. <br />k) All remaining grading must be completed prior to issuance of <br />building permits. <br />1) Protect streets from erosion deposits. This should include a <br />combination of roadside silt fences, roadside sod strips, catch basin <br />rock bale inlet protection, rock construction entrances, straw mulch, <br />and/or street sweeping. <br />m) The developer' s engineer shall certify, in writing with an as -built <br />survey, that all grading complies with the grading plan prior to <br />issuance of building pelluits. <br />n) A legal covenant shall be included within the homeowner's <br />association documents prohibiting the use of phosphorus on lawns. <br />o) The developer shall be responsible for ascertaining that site <br />geotech ical and groundwater conditions are adequate and <br />conforming with the grading and site improvements as proposed. <br />p) <br />The Developer shall provide a financial security and/or cash escrow <br />to assure completion of the grading and restoration, in the event that <br />the work is not completed by the Developer. <br />5. Final street grading, subbase, gravel base, bituminous binder course, and <br />concrete curb and gutter. <br />6. All homeowners association declarations, covenants, and property and <br />legal requirements as required in this Agreement shall be submitted to the <br />City Attorney for review as required by the City's final plat requirements. <br />In addition, an additional contract agreement shall be agreed upon between <br />the City and developer that provides for the subsequent construction, <br />ownership and maintenance of City owned utilities (sanitary sewer and <br />water) and the access street that will be privately owned and maintained. <br />7. Storm sewers when determined to be necessary by the City Engineer, <br />including all necessary laterals, catch basins, inlets and other appurtenances. <br />page 5 <br />- 54 - <br />