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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 />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 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 Pioneer Engineering, entitled Sunfish Pond. <br /> <br />Incorporation of All City Code Requirements. That the recitals above and the provisions <br />of the City Charter, Subdivision Code, Zoning Code and Public Improvement Code of the <br />CITY, as amended to date thereof, are incorporated herein by reference. <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 nine (9) sheet set of plans entitled Sunfish Pond Grading, <br />Street and Utility Plans prepared by Leon Opatz, P.E., and dated February 12, 1997. The <br />final construction plan for sanitary sewer, storm sewer, watermain, private walkway and <br />street improvements shall be submitted to the City Engineer for review and approval prior <br />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 />Concurrent with the installation of the streets, shall be the construction of a hard surface <br />private walkway from Driveway I (a~ shown on the Preliminary Grading & Erosion Control <br />Plan prepared by Pioneer Engineering dated February 12, 1997) to Sunfish Lake Blvd. N.W. <br />Perpetual maintenance of this private connection to the City's trail system is the <br />responsibility of the DEVELOPER. <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 /> <br />2 <br /> <br /> <br />