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• <br />A. Developer shall construct and install at Developer's expense all improvements <br />contemplated in the Development Plans described in Article 2 herein. Furthermore, the <br />following provisions shall apply to all work conducted by Developer: The Developer <br />shall secure a contractor to install these improvements; said contractor shall be approved by <br />the City at its ABSOLUTE discretion. All Developer Improvements shall require City <br />inspection and approval. Said improvements shall be installed according to the following <br />terms and conditions. <br />1. The Developer shall be responsible for securing all site grading and <br />development approvals and permits from all appropriate Federal, State, Regional <br />and Local jurisdictions prior to the commencement of site grading or construction <br />and prior to the City awarding construction contracts for public utilities. <br />2. The Developer shall remove, dispose of, or treat all dead and diseased trees <br />in accordance with the City Forester's recommendation before building permits will <br />be issued. <br />3. Prior to commencement of grading activities the Developer shall install <br />erosion control measures in accordance with the approved Erosion Control Plan. <br />4. Prior to commencement of grading activities the Developer shall install all <br />tree preservation control measures in accordance with the approved Tree <br />Preservation Plan. <br />5. All areas disturbed by the excavation and backfilling operations shall be <br />reseeded forthwith after the completion of the work in that area. All seeded areas <br />shall be fertilized, mulched, and disc anchored as necessary for seed retention. <br />The parties recognize that time is of the essence in controlling erosion. <br />6. The Developer shall grade the site to within 0.2 foot of the grades shown on <br />the approved Grading plan. No deviations will be allowed unless a revised plan is <br />submitted and approved by the City and all other regulatory agencies. <br />7. Where the topsoil is removed, sufficient arable soil shall be set aside for <br />respreading over the developed area. The topsoil shall be restored to a depth of at <br />least four (4) inches and shall be of a quality at least equal to the soil quality prior to <br />development. <br />8. Drainage swales, ditches, storm water storage ponds and other high risk <br />erosion areas shall be protected from erosion. <br />9. The Developer's engineer shall certify, in writing with an as-built survey, <br />that all grading complies with the grading plan prior the commencement of public <br />improvements and the issuance of building permits. <br />Legacy at Woods Edge Agreement 5 <br />12/17/04 <br />