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. ' c. Contractors -- The Developer shall select,retain and supervise the Contractor{s) responsible for Improvement construction.The City reserves the right to require satisfactory proof of successful experience and adequate financial status of any such contractor. Where required by City ordinance,the contractor shall first obtain a Iicense from the City. d. PreConstruction Conference--Prior to the start of any construction,the Developer and the Developer's Confractor shall meet with the responsible City official to review construction plans and schedules. e. Permits-Prior to the start of any construction,the Developer's Contractor shall apply for and receive all necessary permits from the Ciiy and/or government agencies having jurisdiction. No building permits will be issued until ali drainage facilities and drainage impzovements have been instalied and a satisfactory road base,including the first bituminous Iayer,has been installed. £ Construction-The construction,installation and materials sha11 be in accardance with the plans and spec�cations approved by the City. g. Insurance -The Developer will cause each person,who constructs and installs any Improvement to maintain complete insurance coverage including Worker's Compensation,Liability and Property Damage. 5. Performance Deposit: For the purposes of assuring to the City that the Improvements will be completed according to the terms of this agreement, and that the Developer will pay all claims for work done and materials and supplies furnished,the Developer has deposited with the City at the time of the execution of this agreement an irrevocabie letter of credit in a form satisfactory to the City providing that the City is able to draw upon such letter of credit in its sole discretion to complete the Improvements if the Developer fails to satisfactorily complete the work prior to the complstion date specified in Section 4 above. The a.mount of such deposit shail not be reduced before substantial completion of the Improvements.The letter of credit shall expire no sooner than six months after the completion date specified in Section 4 above,or no sooner than August 31, 2006,whichever is later. 6. Fees and Expenses: The Developer agrees to pay all City fees required per the current City Fee Schedule and furttter agrees to completeiy reunburse the City for alI the variable additional expenses it incurs in regard to the review and approval of the Improvements inciuding,but not limited to,direct City payroll and overhead, costs,and fees paid ta consultants and other professionals. 7. Resolutions of Citv. Developer agrees to be bound by the provisions set forth in ali resolutions of the City Council approving the Development. 8. Termination: This Agreement shall be terminated upon the completzon of alI Improvements set forth in this Agreement. Page 3 of 5 Initials of Developer Initials of City Clerk