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respective consultants or City arborist and the final approved tree replacement plan for <br />the development. City shall purchase the necessary trees and Seller shall install, provide <br />water and irrigation systems, and maintain all replanted trees, other than those <br />surrounding the new reservoir, during the required maintenance period. <br />4. Costs for the Seller's arborist to develop the preliminary and fmal tree report <br />for the roadway and building pad grading portions of the project (not to include the home <br />building construction) will be shared on a pro-rata basis between the City and Seller, <br />based on those trees necessary to be removed/relocated due to the roadway/tank <br />construction versus those necessary to be removed/relocated due to the building pad <br />construction. City will reimburse Seller within 45 days of Seller's submitting a paid <br />invoice for the same. <br />5. The City and Seller shall work cooperatively to develop and design the final <br />roadway and utilities. To that end: <br />A. City shall expedite plan checking of the improvement plans (which <br />include the road and utilities that are part of this First Amendment), currently anticipated <br />to be prepared by Aliquot on an expedited schedule, including a turnaround time for plan <br />review of a maximum often working days. <br />B. City and Seller shall enter into a reimbursement agreement to reimburse <br />Seller for all reasonable and ordinary costs involved in preparing and bidding the civil <br />design portions of the improvement plans as necessary for the City project. Said <br />reimbursement agreement will be similar to other agreements between the City and <br />private developers for designing public facilities within a private development project. <br />City shall reimburse Seller within 45 days of Seller's submitting a paid invoice for these <br />costs. <br />C. The City will commit to working with the Vineyard Hills Reservoir Tank <br />contractor to allow the improvement plans noted in Item _ above, so that the tank <br />contractor's work efforts can be phased to the greatest extent possible so that the roadway <br />and utility plans could be put out to bid no later than September 2007. <br />D. If the roadway/utility improvements are constructed by Seller, City shall <br />enter into a reimbursement agreement with Seller to reimburse Seller for all reasonable <br />and ordinary costs involved in constructing the improvements necessary for the City's <br />project. <br />6. The City shall enter into a maintenance agreement with Seller to provide <br />maintenance of underground water and sanitary sewer facilities within the new roadway <br />right of way. These facilities will be accepted by the City as public facilities. Seller (or <br />Seller's successors in interest) shall be responsible for ownership and maintenance of the <br />street pavement and storm drainage facilities within the street. The street and storm drain <br />facilities will be identified on the improvement plans as private facilities. Seller (and <br />3 <br />