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WHEREAS, the final plat w il]'b e submitted t o t he CITY for approval i n September, <br />2003; and <br /> <br /> WHEREAS, it is the DEVELOPER'S intent to initiate ~ading work prior to final <br />approval of the Plat; and <br /> <br /> WHEREAS, this AGREEMENT between the CITY and the DEVELOPER will allow <br />for work to commence in conformance with the GRADING PLAN prior to final approval of the <br />Plat as well as describe the r/gh-Cs and .responsibilities of the CITY and the DEVELOPER once <br />the Plat is approved by the CITY; 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 desires to construct the Stage I and Stage <br />improvements, except for those Stage ]/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 a~ee as follows: <br /> <br /> SECTION I <br /> STAGE I IMPROVEMENTS AND FINANCI~L GU_AK4~NTEES <br /> <br />CiD7 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 GI~4I)ING PLAN <br />dated August 12, 2003, as well as other construction plans (OTHER CONSTRE,..?CTION <br />PLANS) submitted at a later date to the CITY for their review and approval. These plans <br />wilt include, but are not limited to a Final Landscaping Plan and a Final Utility and Street <br />Construction Plan. <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. The /mprovements the CITY requires the <br /> DEVELOPER to construct within the Plat are as follows: <br /> <br />a. Trunk and lateral sanitary sewer system <br /> <br />Town Center Gardens Subdivision <br />Development Agreement <br /> Page 2 of 12 <br /> <br />-~87- <br /> <br /> <br />