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<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 its required improvements in the Plat <br />to be. constructed without financial participation by the CITY; and <br /> <br />WHEREAS, no expenditure of CITY funds will be made until the relevant City Code <br />escrow requirements h~ve 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 FINANCIAL GUARANTEES <br /> <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 /> <br />2. Conformance with Plan. The Plat shall be developed pursuant to the Final Plat prepared by <br />Anderson Passe Associates, and engineering exhibits consisting of Existing Conditions, <br />Utility Plan, Grading Plan, Tree Preservation Plan, Storm Water Pollution Prevention Plan, <br />and Detail Plan (sheets C1.I, C2.0, C3.0, C4.0, C5.0, C5.1, C6.0 respectively), all prepared <br />. by Anderson Passe Associates, dated February 26,2008 and March 3,2008, revisions dated <br /> <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 /> <br />4. Stage I Improvements. Required. The improvements the . CITY requires the <br />DEVELOPER to construct within the Plat are as follows: <br /> <br />a. Lateral watermain and appurtenances <br />b. Lateral sanitary sewer and appurtenances <br />c. Lot grading and permanent erosion control <br />d. Trail construction adjacent to 16lst AvenueN~W. <br />e. Natural gas <br />f. Telephone service <br />g. Electric service <br /> <br />("Stage I Improvements") <br /> <br />Saint Katharine Drexel Catholic Church <br />Development Agreement <br />Page 20f9 <br /> <br />-245- <br />