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Development Contract <br />Millers Crossroads 2nd Addition <br />March 28, 2005 <br />IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the <br />I. 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 />II. DEVELOPER'S IMPROVEMENTS <br />A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, <br />preliminary street and utility plan, a surface water management plan. The <br />Developer shall secure a contractor to install these improvements; said contractor <br />shall be approved by the City at its ABSOLUTE discretion. All Developer <br />improvements shall require City inspection and approval and, where appropriate, the <br />approval of any other governmental agency having jurisdiction. The Developer will <br />construct and install at Developer's expense the following improvements according <br />to the 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 />was submitted and approved by the City with the first phase of the <br />subdivision. <br />2. Erosion Control Plan <br />a) The Developer shall submit an erosion control plan, detailing all <br />erosion control measures to be implemented during construction. <br />Said plan shall be approved by the City prior to the commencement <br />of site grading or construction. <br />b) The Developer shall submit a Turf Establishment Plan which details <br />topsoil placement, seeding, sodding, mulching, fertilizing and <br />watering. Said plan shall be approved by the City prior to the <br />commencement of site grading or construction. <br />3. Tree Preservation Plan <br />a) Developer will provide a tree preservation plan prior to any site <br />grading which shall be in accordance with the City Tree Preservation <br />Policy. Developer shall provide a cash escrow as security, in the <br />amount specified in Attachment B, to insure implementation of the <br />page 2 <br />- 6 1 - <br />