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WHEREAS, on August 13, 2003, the DEVELOPER submitted a final grading plan (the <br />GRADING PLAN) dated August 12, 2003 and prepared by Pioneer Engineering; and <br /> <br /> WHEREAS, on Septbember 23, 2003, the CITY approved the grading plan for the <br />Subject Property and entered into an agreement with the DEVELOPER regarding such grading <br />work. <br /> <br /> WHEREAS, the final plat and construction plans were submitted to the CITY <br />September 11, 20{)3; and <br /> <br /> WHEREAS, this AGREEMENT between the CITY and the DEVELOPER will <br />describe the rights and responsibilities of the CITY and the DEVELOPER once the Plat is <br />approved by the CITY; and <br /> <br /> WHEREAS, the CITY requires certain improvements to be constructed within the Plat, <br />which improvemdnts 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 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 9.50, <br />entitled Subdivision. <br /> <br />Conformance with Plan. The Plat shall be developed pursuant to the GRADING PLAN <br />dated August 12, 2003, and the Sanitary Sewer, Watermain, Storm Sewer and Street <br />Construction Plans dated September 11, 2003 and as amended pursuant to City Staff Review <br />Letter dated October 10, 2003 (CONSTRUCTION PLANS). <br /> <br />o <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 improvements the CITY requires the <br /> DEVELOPER to construct within the Plat are as follows: <br /> <br />Town Center Gardens Subdivision <br />Development Agreement <br /> Page 2 of 12 <br /> <br /> <br />