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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 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 <br /> <br />1. City Code Compliance. That the DEVELOPER will develop the Plat in accordance <br />with the City Code, Section 9.50, entitled Subdivision. <br /> <br />2. Conformance with Plan. The Plat shall be developed pursuant to the final plat <br />consisting of two (2) sheets, prepared by Hakanson Anderson Associates, Inc., entitled A.E.C. <br />Energy Park Third Addition. <br /> <br />3. Incorporation of All City Code Requirements. That the recitals above and the <br />provisions of the City Charter, Subdivision Code, Zoning Code and Public Improvement Code of <br />the CITY, as amended to date thereof, are incorporated herein by reference. <br /> <br />4. Stage I Improvements Required. The DEVELOPER has completed the construction <br />of the required Stage I Improvements with the development of A.E.C. Energy Park. <br /> <br />5. Satisfaction of Sewer and Water Trunk Charges. Trunk access charges for both water <br />and sanitary sewer shall be reimbursed to the CITY from tax increment financing funds <br />generated by the development of the property. <br /> <br />STAGE H IMPROVEMENTS <br /> <br />6. Stage II Improvements Required. The DEVELOPER has provided for the required <br />Stage II Improvements within the Development Agreement for A.E.C. Energy Park. <br /> <br />PERMITS AND OCCUPANCY <br /> <br />7. Requirements for Occupancy Permits. No occupancy permit for any lot in the Plat <br />shall be issued until: (a) vehicular access to the lot is provided including the installation of Class <br />V material on all streets in the Plat; (b) site plan approval is granted by the CITY and any <br />additional expense incurred in giving site plan approval has been reimbursed to the CITY; (c) a <br />Certificate of Survey, including that information required by the CITY, has been supplied to the <br />City Building Official; and (d) alt the financial guarantees required by the CITY have been <br />satisfied. <br /> <br />2 <br /> <br /> I <br /> I <br /> I <br />I: <br />I <br /> I <br /> I <br /> I <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> <br />