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-154- <br /> <br />(the "Subject Property"); and <br /> <br /> WHEREAS, on April 22, 2003, pursuant to Resolution No. 03-04-~, the CITY <br />approved the final plat of the Subject Property, which plat is known as VILLAGE OF <br />SUNFISH LAKE (the "Plat"), which approval is contingent on certain requirements, including <br />the DEVELOPER and the CITY entering into this Agreement; and <br /> <br /> WHEREAS, the final plat for the Subject Property confo~Tns to the preliminary plat for <br />Village of Sunfish Lake approved by the CITY on February 25, 2002; 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 t IMPROVEMENTS AND FINANCIAL GUARANTEES <br /> <br />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 />Conformance with Plan. The Plat shall be developed pursuant to the Final Plat consisting <br />of 5 sheets, prepat-ed by Loucks McLagan Associates, entitled Village of Sunfish Lake, and <br />26 pages of construction plans prepared by Loucks McLagan Associates, dated March 18, <br />2003 and March 24, 2003. <br /> <br />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/Phasing Plan. The improvements the CITY requires the <br /> DEVELOPER to construct within the Plat are as follows: <br /> <br />Development Agreement/Village of Sunfish Lake <br /> Page 2 of 12 <br /> <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> i <br /> I <br /> I <br />_1 <br /> I <br /> <br />I <br />I <br /> <br /> <br />