I-1 - Construction and Dedication Agreement

submitted and approved by the City Engineer; 2. Such public improvements will be constructed in accordance with approved construction plans and specifications and accepted by the City; 3. "As Built" plans for the public improvements after the improvements are constructed shall be submitted and approved by City; and 4. Hawk Wash enters into and abides by this Agreement. B. Hawk Wash and City each further agree that this Agreement shall be a covenant running with the land and shall be binding on the present and future owners of the HW Property. C. Hawk Wash may grade or otherwise disturb the earth, remove trees, and construct the Detention Basin or any associated public or private improvements provided the following conditions have been satisfied: 1. This Agreement has been fully executed by both parties, filed with the City Clerk, and approved by the City Council; and 2. All permits required by local, state, and federal law have been applied for and issued by the appropriate authority. SECTION 3. DEVELOPMENT REQUIREMENTS AND PUBLIC IMPROVEMENTS A. Development Standards. The Detention Basin shall be developed according to the Site Development Plan as approved by the City and according to the plans and specifications as approved by the City. All construction plans and specifications shall be approved before the commencement of any work in accordance with the Site Development Plan. There shall be no variance from the approved Site Development Plan or from the construction plans and specifications, unless approved in writing by the City. B. Public Improvement Standards. All improvements and facilities described in this Agreement shall be constructed and installed by Hawk Wash according to the plans, specifications, ordinances and standards of the City and in accordance with all applicable federal and state laws and regulations. All required inspections shall be performed by the City Engineer or designate. Said inspections shall consist of inspection of the work in progress but shall not relieve or release Hawk Wash from its responsibility to construct said improvements and facilities pursuant to the agreed upon plans and specifications. These improvements and facilities include but are not limited to the Detention Basin and infrastructure associated therewith. C. Standard Requirements. Further, Hawk Wash agrees that: