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WHEREAS, the final plat for the Subject Property conforms to the preliminary plat for <br />GAD'S PRAIRIE; and <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 />WHEREAS, the DEVELOPER intends to cause its required improvements in the Plat <br />to be constructed without financial participation by the CITY; and <br />WHEREAS, the DEVELOPER will construct the Stage I and Stage II improvements, <br />except for those Stage II Improvements constructed by the CITY; and <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 />NOW, THEREFORE, the CITY and DEVELOPER agree as follows: <br />SECTION I <br />STAGE I IMPROVEMENTS AND FINANCIAL GUARANTEES <br />1. City Code Compliance. The CITY approves the Plat conditioned on the DEVELOPER <br />developing the Plat in accordance with the applicable provisions of City Code, Section 9.50, <br />entitled Subdivision. <br />2. Conformance with Plan. The Plat shall be developed pursuant to the Final Plat Plans <br />submitted by Timothy Eggerichs PE; revised <br />3. Incorporation of All City Code Requirements. That the recitals above and the applicable <br />provisions of the City Charter, Subdivision Code, Zoning Code and Public Improvement <br />Code of the CITY, as amended to date hereof, are incorporated herein by reference. <br />4. Stage I Improvements Required. The improvements the CITY requires the DEVELOPER <br />to construct within the Plat are as follows: <br />a. Helium Street to 146t~' Avenue, with concrete curb and gutter <br />b. Lateral sanitary sewer and watermain <br />c. Lateral storm drainage facilities <br />d. Lot grading and permanent erosion control <br />e. Trail construction along County Road 5 <br />f. Natural gas. <br />g. Telephone service <br />h. Electric service <br />GAD's Prairie Addition <br />Development Agreement <br />Page 2 of 11 <br />-360- <br />