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! <br />I <br /> <br /> I <br /> I <br />,I <br /> I <br /> I <br /> ! <br /> I <br /> I <br />I <br /> <br /> I <br /> I <br /> <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 /> WltEREAS, no expenditure of CITY funds will be made until the City Code escrow <br />requirements have been completed by the DEVELOPER. <br /> <br />NOW THEREFORE, the CITY and DEVELOPER agree as follows: <br /> <br />I. STAGE I IMPROVEMENTS AND FINANCIAL GUARANTEES <br /> <br />City Code Compliance. That the DEVELOPER will develop the Plat in accordance with <br />the City Code, Section 9.50, entitled Subdivision. <br /> <br />Conformance with Plan. The Plat shall be developed pursuant to the final plat consisting <br />of one (1) sheet, prepared by E.G. Rud & Sons, Inc., entitled Alpine Estates. <br /> <br />Incorporation of All City Code Requirements and Waivers Thereto. That the recitals <br />above and the provisions of the City Charter, Subdivision Code, Zoning Code and Public <br />Improvement Code of the CITY, as amended to date thereof, are incorporated herein by <br />reference. It is herein agreed that the front yard setback shall be reduced from 35 feet to 30 <br />feet on Lots 11, 20 and 35 of Block 1. <br /> <br />Stage I Improvements Required. The DEVELOPER agrees to construct the required <br />Stage I Improvements according to the terms and conditions of this contract and in <br />accordance with DEVELOPER'S plans submitted to the CITY. Said plans shall be in <br />general conformance with the Grading Plan prepared by E.G. Rud & Sons, Inc. and dated <br />February 10, 1997, and a Preliminary Utility Plan prepared by Charles W. Plowe, also dated <br />February 10, 1997. The final construction plan for sanitary sewer, storm sewer, watermain, <br />and street improvements shall be submitted to the City Engineer for review and approval <br />prior to construction. The DEVELOPER shall also be responsible, at its expense, for <br />installation of gas, telephone, and electric utility improvements. Street lights are the <br />responsibility of the DEVELOPER, however, the CITY will arrange for street light <br />installation as a Stage II Improvement. The DEVELOPER shall be responsible for <br />completing the rough grading and providing lot comer stakes prior to the installation of <br />underground utilities. <br /> <br />Boulevard Area Restoration. The DEVELOPER shall be responsible for the cost of <br />establishing seed or sod in all boulevards within thirty (30) days of the completion of the <br />street improvements, and restoring all other areas disturbed by the development grading <br />operation in accordance with the approved erosion and sediment control plan. The <br />DEVELOPER shall also be responsible for the cost of cleaning any soil, earth or debris <br />from the wetlands within and adjacent to this Plat resulting from grading performed in the <br />development of the land. <br /> <br />2 <br /> <br /> <br />