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1NOFFICIAL COPY <br /> 2. Streets and Storm Water Management: The Subdivider shall install ditches <br /> and storm water management facilities, and pavement on all streets within the Subdivision, <br /> to the established standards and/or specifications of the Town, and in accordance with the <br /> plans approved by the Town Engineer. Curb and gutter shall be installed. Public sidewalks <br /> shall not be required to be constructed within the Subdivision. <br /> 3. General Standards: Where standards and/or specifications have not been <br /> established by the Town, all work shall be done in accordance with established engineering <br /> practices,as designated and approved by the Town Engineer. <br /> 4. Future Public Facilities: Except as required by the Plans and Specifications, <br /> Subdivider shall not be required to install any public streets,public utilities or other facilities <br /> beyond those needed to serve the Subdivision, or needed to connect the Subdivision to <br /> existing utilities. <br /> K. Fees Payable Prior to Construction. The Subdivider agrees to pay the Town for <br /> all outstanding fees and assessments levied against lands within the Subdivision prior to the start of <br /> construction of the Improvements. <br /> L. Subdivider to Reimburse the Town for Costs Sustained. The Subdivider shall <br /> reimburse the Town for its actual cost of review, design, inspection, testing, construction, and <br /> associated legal and other fees related to this Agreement, the Subdivision and the Improvements as <br /> required by the Subdivision Ordinance. <br /> M. Surety <br /> 1. The Subdivider agrees to furnish the Town, prior to the time of <br /> commencement of construction of any public improvements under this Agreement, <br /> with surety in the form of an irrevocable letter of credit, in a form deemed <br /> acceptable by the Town Attorney, in the amount of$732,510, to secure performance <br /> of this Agreement in accordance with the Town's Subdivision Ordinance. The letter <br /> of credit shall be payable at sight to the Town and will bear an expiration date not <br /> earlier than twelve(12)months after the date of delivery to the Town. The Letter of <br /> Credit shall include a provision requiring that the Town be given written notice not <br /> less than forty-five (45) days and not more than sixty (60) days prior to the <br /> expiration of the letter. Subdivider shall provide a new letter of credit satisfactory to <br /> the Town not less than ten (10) days prior to the expiration of any earlier letter of <br /> credit sufficient to cover the balance of any work to be performed by Subdivider <br /> hereunder and any sum required to secure the guarantee specified in this Agreement. <br /> The letters of credit will be payable to the Town at any time upon presentation of <br /> (i) a sight draft on the issuing Bank in the amount to which the Town is entitled to <br /> draw pursuant to the terms of this Agreement; (ii)an affidavit executed by an <br /> authorized Town official stating that the Subdivider is in default under this <br /> Agreement; and(iii)the original of the letter of credit. <br /> 5 <br />