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Development Contract <br />Golden Acre <br />8 -27 -2007 <br />NOW, THEREFORE, in consideration of the mutual promises of the parties made <br />herein, <br />IT IS AGREED BY AND BETWEEN THE PARI7ES HERETO: that the <br />L DESIGNATION OF IMPROVEMENTS <br />A. Improvements to be installed at the Developer's expense by the Developer as <br />hereinafter provided are hereinafter referred to as 'Developer Improvements ". <br />B. Improvements to be installed by the City and financed by the Developer are <br />hereinafter referred to as "City Improvements ". <br />11 DEVELOPER IMPROVEMENTS <br />A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, <br />street and utility plan, and a surface water management plan. The Developer shall <br />secure a contractor to install these improvements; said contractor shall be approved <br />by the City at its ABSOLUTE discretion. All Developer Improvements shall <br />require City inspection and approval and, where appropriate, the approval of any <br />other governmental agency having jurisdiction. The Developer will construct and <br />install at Developer's expense the following improvements according to the <br />following terms and conditions: <br />1. Grading Plan <br />a) A final site grading plan, including certified wetland delineation, <br />with maximum two -foot contours and cross sections as necessary <br />has been submitted and approved by the City prior to <br />commencement of any site grading. <br />2. Erosion Control Plan <br />a) The Developer has submitted an erosion control plan, detailing all <br />erosion control measures to be implemented during construction. <br />Said plan has been approved by the City prior to the commencement <br />of site grading or construction.. <br />3. Grading and Erosion Control Construction & Maintenance <br />a) Prior to the commencement of site grading and erosion control, the <br />Developer shall complete items lLA.1 and II.A.2 as listed above. <br />b) All disturbed areas shall be seeded. <br />c) Protect streets from erosion deposits. This should include a <br />combination of roadside silt fences, roadside sod strips, catch basin <br />page 2 <br />• <br />