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• <br />• <br />Development Contract — Site Grading Only <br />Main Street Village <br />April 28, 2008 <br />o) A legal covenant shall be included within the developments <br />association documents prohibiting the use of phosphorus on lawns. <br />The developer shall be responsible for ascertaining that site <br />geotechnical and groundwater conditions are adequate and <br />conforming with the grading and site improvements as proposed. <br />p) <br />5. The Developer shall place iron monuments at all lot and block corners and at <br />all other angle points on boundary lines. Iron monuments shall be placed <br />after all street and lawn grading has been completed in order to preserve the <br />lot markers for future property owners. Lot corner irons on the back <br />property line shall be installed so that the top of the iron corresponds to the <br />finished ground elevation in accordance with the approved grading plan - <br />guard stakes shall be appropriately installed to mark these irons. <br />6. The Developer agrees to maintain, at all times before acceptance of the <br />streets by the City, an access road suitable for use by emergency, police and <br />fire department equipment. The adequacy of such road shall be the sole <br />determination of the City. Furthermore, such access road shall be located no <br />more than 150 feet from any structure built within the Subdivision. <br />7. The Developer shall promptly clear dirt and debris, within public right -of- <br />ways, and drainage and utility easements, resulting from construction by <br />the Developer, its purchasers, builders and contractors within five (5) days <br />after notification by the City. The Developer or its assigns shall be <br />responsible for all necessary street and storm sewer maintenance including <br />street sweeping, storm sewer cleaning, ditch cleaning and pond dredging, <br />resulting from the accumulation of said dirt and debris, until all <br />Certificates of Occupancy are issued. Warning signs shall be placed when <br />hazards develop in streets to prevent the public from traveling on same and <br />directing attention to detours. If and when the streets become impassable, <br />such streets shall be barricaded and closed. The Developer shall maintain a <br />smooth, hard driving surface and adequate drainage on all temporary streets. <br />8. Other Construction <br />a) In the event that damage to the streets or other City infrastructure <br />result from said improvement work, the Developer shall be <br />responsible for effecting said repairs, or the City shall withhold <br />escrows or deposits as the City deems appropriate and necessary. <br />b) The Developer shall provide a financial security or cash escrow to <br />assure completion of the grading and restoration, in the event that the <br />work is not completed by the Developer. <br />page 5 <br />