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200406866 Developer shall have no obligation to perform the Developer Improvements until such time as (a) the Developer has acquired the Developer Property, (b) the Developer gives a written notice to the City of Developer's intention to develop and use the Developer Property, (c) the land, which is necessary for construction of the Developer Improvements and the Public Improvements, has been publicly dedicated and accepted by the City, and (d) Developer and City have obtained any and all necessary approvals and permits necessary for the completion of the Developer Improvements from any and all governmental authorities with jurisdiction over the same. City hereby grants to Developer, its agents, successors and assigns, a permit, license and temporary easement to enter onto any property of the City necessary to perform the Developer Improvements and reasonably regulate pedestrian and vehicular traffic to such areas during the performance of the Developer Improvements. Following completion of the Developer Improvements, the City shall, at its sole cost and expense, accept, maintain in perpetuity the Developer Improvements and all improvements appurtenant thereto and benefiting the same, in good order and repair. The City shall provide the necessary construction observation and testing to ensure that the Developer Improvements are completed in accordance with the plans and specifications, provided that payments by the Developer for such services shall be at the same rate as that charged to others developing property in the City. Section 3. Construction and Maintenance of Public Improvements. In the event that (i) the Developer shall acquire the Developer Property, (ii) the Developer delivers plans to the City for the Public Improvements drafted by a civil engineering firm retained by Developer and (iii) the Developer gives a written notice to proceed to the City of Developer's intention to develop and use the Developer Property, then the City shall construct and complete the Public Improvements within 270 calendar days after delivery to the City of Developer's written notice to proceed. Section 4. Easements. Developer agrees to grant perpetual, non - exclusive easements to the City to maintain, operate, repair and replace public water, electrical and sanitary sewer lines over that portion of the Developer Property identified on the Plat. Section 5. Drainage Improvements. The Developer shall construct a retention facility with a permanent pool as shown on Exhibit "C ", attached hereto. The Developer shall maintain and operate the facility until such time as the City develops a regional drainage solution that includes the Developer Property. Such solution shall include the building of a storm sewer or swale sufficient to connect to and to drain the Developer Property. In such event, the Developer shall connect to the regional system and pay a connection fee or assessment the same as that charged to others connecting to the system. The Developer reserves the right to construct a fence around the retention cell as noted on the Site Plan. Section 6. Developer Reimbursements. The Developer shall reimburse the City the cost of designing and constructing the Trail Improvements along South Locust Street. The Developer shall make payment of these reimbursements to the City within 30 days of receipt of City's written request and certification that the particular improvement has been completed in accordance with the plans and specifications. Such certification shall include sufficient detail so that expenses can be tracked in accordance with the engineer's cost estimates. 01- 585772.06 3