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-238- <br /> <br /> WHEREAS, on July 22, 200~, pursuant to Resolution No. 03-07- , the CITY <br />approved the final plat of the Subject Property, which plat is known as TIGER MEADOWS <br />(the "Plat"), which approval is contingent on certain requirements, including the DEVELOPER <br />and the CITY entering into this Agreement; and <br /> <br /> WHEREAS, the final plat for the Subject Property conforms to the preliminary plat for <br />Tiger Meadows approved by the CITY on June 24, 2003; and <br /> <br /> WHEREAS, the CITY requires certain improvements to be constructed within the Plat, <br />which improvements are defined as Stage I and Stage II Improvements in the .City Code; and <br /> <br /> WHEREAS, the DEVELOPER intends to cause the required improvements in the Plat <br />to be constructed without financial participation by the CITY. <br /> <br /> WHEREAS, the DEVELOPER desires to construct the Stage I and Stage II <br />improvements, except for those Stage II Improvements constructed by the CITY; and <br /> <br /> WHEREAS, no expenditure of CITY funds will be made until the relevant City Code <br />escrow requirements have been completed by the DEVELOPER. <br /> <br />NOW, THEREFORE, the CITY and DEVELOPER agree as follows: <br /> <br /> SECTION I <br />STAGE I IMPROVEMENTS AND FINANCE~L GUARANTEES <br /> <br />City Code Compliance-: The CITY approves the Plat conditioned on the <br />DEVELOPER developing the Plat in accordance with the applicable provisions of City <br />Code, Section 9.50, entitled Subdivision. <br /> <br />Conformance with Plan. The Plat shall be developed pursuant to the Final Plat plans <br />consisting of two (2) sheets, prepared by Bogart, Pederson & Associates, Inc., entitled <br />Tiger Meadows, Final Construction Plans prepared by Bogart, Pederson & Associates, <br />Inc. dated July 3, 2003. <br /> <br />Incorporation of All City Code Requirements. That the recitals above and the <br />applicable provisions of the City Charter, Subdivision Code, Zoning Code and Public <br />Improvement Code of the CITY, as amended to date hereof, are incorporated here/n by <br />reference. <br /> <br />4. Stage I Improvements Required/Phasing Plan. The improvements the CITY requires <br /> the DEVELOPER to construct within the Plat are as follows: <br /> <br />a. Streets with concrete curb and gutter <br />b. Trunk and lateral storm drainage facilities <br />c. Lot grading and permanent erosion control <br /> <br />Development Agreement/Tiger Meadows <br /> Page 2 of 12 <br /> <br /> <br />