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• <br />• <br />Development Contract — Site Grading Only <br />Marshan Meadows <br />October 10, 2005 <br />b) The Developer shall provide a fmancial security or cash escrow in an <br />amount of $186,500 to assure completion of the grading and <br />restoration, in the event that the work is not completed by the <br />Developer. <br />c) No burning of vegetation cleared during construction shall be <br />allowed. <br />9. The project shall not be fmal platted until 2006 to comply with growth <br />management policy. <br />10. All homeowners association declarations, covenants, and property and legal <br />requirements as required in this Agreement shall be submitted to the City <br />Attorney for review as required by the City's fmal plat requirements. In <br />addition, an additional contract agreement shall be agreed upon between the <br />City and developer that provides for the subsequent construction, ownership <br />and maintenance of City owned utilities (sanitary sewer and water) and the <br />access street that will be privately owned and maintained. <br />11. Cost of Developer's Improvements, description and completion dates are as <br />shown on Attachment A. <br />12. Construction of Developer's Improvements: <br />a) The construction, installation, materials and equipment shall be in <br />accordance with the plans and specifications approved by the City. <br />b) All of the work shall be under and subject to the inspection and <br />approval of the City and, where appropriate, any other governmental <br />agency having jurisdiction. <br />c) Prior to the acceptance of Developer Improvements by the City, the <br />Developer shall obtain final plat approval and record the final plat <br />which will dedicate all permanent easements necessary for the <br />construction and installation of the Developer's and City's <br />Improvements as determined by the City. <br />d) All Construction debris and trash shall be properly disposed of at the <br />developers expense and in a timely manner as determined by the <br />City. <br />13. The Developer shall be required to obtain all necessary permits and <br />approvals from all governmental agencies as required, including necessary <br />right -of -way, temporary easements, or permanent easements for the <br />construction. <br />page 6 <br />