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I <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 />I <br />I <br />I <br />I <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 I 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 <br />9.50, entitled Subdivision. <br /> <br />Conformance with Plan. The Plat shall be developed pursuant to the Final Plat Plans <br />consisting of three (3) sheets, prepared by Passe Engineering, Inc., entitled Apple Ridge <br />and the Phasing Plan prepared by Passe Engineering dated May 7, 1998. <br /> <br />Incorporation of All City Code Requirements. That the recitals above and the <br />applicable provisions of the City Charter, Subdivision Code, Zoning Code and Public <br />Improvement Code of the CITY, as amended to date hereof, are incorporated herein by <br />reference. <br /> <br />Stage I Improvements Required. The improvements the CITY requires the <br />DEVELOPER to construct within the Plat are as follows: <br /> <br />g. <br />h. <br />i. <br />j. <br /> <br />Trunk and lateral sanitary sewer system <br />Trunk and lateral watermains and appurtenances <br />Streets with concrete curb and gutter <br />Trunk and lateral storm drainage facilities <br />Lot grading <br />Hwy.//47 deceleration/by-pass lane <br />Natural gas <br />Telephone service <br />Electric service <br />Street lights (installment arranged by CITY during Stage I Improvements and <br />paid for by DEVELOPER as Stage II Improvement) <br /> <br />("Stage I Improvements") <br /> <br />The DEVELOPER agrees to construct the Stage I Improvements in accordance with the <br />numerical order of the Phasing Plan and that construction may occur in more than one <br />phase at a time, provided the phases are in numerical sequence. The DEVELOPER also <br />agrees to construct the Stage I Improvements in accordance with the terms and conditions <br />of this agreement and in accordance with DEVELOPERS' plans submitted to the CITY. <br />Said plans shall be in general conformance with the Grading Plan prepared by Passe <br /> <br /> <br />