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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, 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 FINANCIAL GUARANTEES <br /> <br />1 ~ City Code Compliance. T4e 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 Sheet <br />prepared by Anderson Passe and Associates, Inc. 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. Sidewalk Easement <br />b. Temporary Road Easement <br /> <br />("Stage I Improvements") <br /> <br />The DEVELOPER agrees to construct the Stage I Improvements according to the terms <br />and conditions of this agreement and in accordance With DEVELOPER'S plans <br />submitted to the CITY. Said plans shall be in conformance with the grading, utility, and <br />. sketch plans submitted by Anderson Passe and Associates, Inc. dated <br /> <br />The DEVELOPER shall be responsible for completing the rough grading and providing <br />lot corner stakes prior to the installation of underground utilities: <br /> <br />Elmcrest Sanctuary <br />Developmen"t Agreement <br />November 2009 <br />Page 2 of8 <br /> <br />38 <br />