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<br /> <br />5 <br /> <br />Developer or on its behalf contains or will contain any untrue statement of material <br />fact or omits any material fact, the omission of which would be misleading. <br /> <br />G. The Developer has sufficient funds or has obtained a commitment for financing in an <br />amount adequate to finance construction of the Improvements. <br /> <br />1.03 Incorporation of Recitals and Exhibits. The Recitals set forth in the preamble to this <br />Agreement and the Exhibits attached to this Agreement are incorporated into this Agreement <br />as if fully set forth herein. <br /> <br /> <br /> <br /> <br />ARTICLE TWO <br /> CONSTRUCTION OF IMPROVEMENTS <br /> <br /> <br />2.01. Agreement to Construct Improvements. The Developer agrees to the construction of the <br />Improvements, including the grading, drainage, and other improvements required by City Ordinance <br />for development of the Property. The Improvements are more fully described in the site plans, <br />preliminary plat and specifications approved by the City, (the “Plans”). The Developer or contractor <br />must file a final copy of the Plans with the City before starting the construction of the <br />Improvements. All labor and work performed by the Developer in connection with construction of <br />the Improvements will be done and performed in the best and most worker-like manner and in strict <br />conformance with the Plans. Any deviation from the Plans must be approved in writing by the City. <br /> The Developer or contractor shall complete the construction of the Improvements no later than one <br />year from the issuance of the Building Permits required herein. Before initiating construction of the <br />Improvements, the Developer shall hold a pre-construction meeting with the City to review and <br />resolve any issues involving the construction of the Improvements. <br /> <br />2.02 Designation of Improvements. Improvements to be installed at Developer’s expense by the <br />Developer and to be owned and maintained by a property owner after development is completed, as <br />hereinafter provided are hereinafter referred to as “Improvements”. The construction, installation, <br />materials and equipment shall be according to the plans and specifications approved by the City. All <br />of the work shall be under and subject to the inspection and approval of the City and, where <br />appropriate, any other governmental agency having jurisdiction. <br /> <br />A. The Developer will construct and install at the Developer's expense the following <br />Improvements according to the following terms and conditions: <br /> <br />1. The Developer shall do all site grading including building sites, greenway and open <br />spaces, storm water storage and surface drainage ways, and all private driveways and <br />parking areas including sodding of boulevards, according to the approved grading, <br />drainage, and site plan. The City must approve a grading plan with maximum two (2) <br />foot contours and cross sections as necessary before the Developer or contractor starts <br />site grading. <br /> <br />2. The Developer shall control soil erosion ensuring: