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JNOFFICIAL COPY <br /> WHEREAS, the mutual promises, covenants, and obligations contained in this Agreement <br /> are authorized by state law and the Town's Subdivision Ordinance; <br /> Now, therefore, in consideration of the promises and the mutual obligations and benefits <br /> provided hereunder,the Subdivider and the Town agree as follows: <br /> ARTICLE I -GENERAL CONDITIONS <br /> A. Improvements. The Subdivider shall construct and install, at its expense, those <br /> public improvements, as set forth in the approved final plat for the Subdivision, and in the <br /> engineering plans and specifications for the public improvements for Wood Ger Development, <br /> revision 9/6/13, prepared by Snyder & Associates, Inc. (Michael L. Calkins P.E.) (the "Plans and <br /> Specifications") and particularly including the following items: installation of public storm water <br /> management facilities, public streets and curb and gutter and street lighting. A copy of the Plans <br /> and Specifications is on file at the Town Hall. All of the Public Improvements shall be referred to <br /> hereafter as the"Improvements." All of the Improvements shall meet the minimum requirements of <br /> the Town Subdivision Ordinance and the Plans and Specifications. The Subdivider is not required <br /> to install sidewalks as part of the Improvements. The Subdivider's obligation to complete the <br /> Improvements will arise upon execution of this Agreement by all parties and the delivery to Town <br /> of the surety required under Article I, Section M below, and is not conditioned on the <br /> commencement of construction or the development or sale of any lots or improvements within the <br /> Subdivision. In addition, the Subdivider agrees to construct improvements required to connect the <br /> Subdivision to utilities, including but not limited to, gas, electric, telephone, and cable utility <br /> facilities, including facilities required outside of the boundaries of the subdivision, and to dedicate <br /> said Improvements and rights-of-way to the Town. However, the Subdivider shall either maintain <br /> ownership of or convey ownership of the public stormwater facilities to a lot owner's association. <br /> The lot owner's association shall be responsible, at its sole cost, for the maintenance, repair, and <br /> replacement of the public stormwater facilities pursuant to a separate stormwater maintenance <br /> easement agreement. Subdivider shall provide the Town Engineer with a layout of the lighting to <br /> be installed,prior to the initiation of construction and installation of any Improvements. <br /> B. Contractors Engaged By Subdivider. The Subdivider agrees to engage <br /> contractors for all construction required by in this Agreement who shall perform such work to the <br /> standards of the Town and who shall comply with every requirement of the Town's Subdivision <br /> Ordinance, the Plans and Specifications, and this Agreement in performing such work. The <br /> Subdivider shall furnish the Town Engineer with the names of all contractors and their <br /> subcontractors, with the classification of the work that they will perform, not less than seven (7) <br /> calendar days prior to any work beginning. <br /> C. Town Approval Of Starting Dates. No land disturbances or work shall begin <br /> without the Town Engineer's approval of a starting date and schedule which shall be submitted by <br /> the Subdivider to the Town Engineer a minimum of seven (7) calendar days before work is <br /> scheduled to begin. A starting date will not be approved until final plans and specifications for the <br /> Improvements have been approved by the Town Engineer, stamped "Approved for Construction," <br /> and signed by the Subdivider's Engineer and the Town Engineer. A starting date will not be <br /> approved until the Letter of Credit required by this Agreement has been furnished to the Town. <br /> 2 <br />