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4988262v4 <br />PERMITTEE who acquires any right, title or interest in or to all or any <br />portion of the Subject Property in good faith and for value may rely on the <br />recording of the Plat as conclusive evidence that this condition has been <br />satisfied. <br />d. Easements. Contemporaneous with the recording of the Plat, the <br />PERMITTEE must record instruments creating valid easements for (i) <br />ingress and egress between the each of the lots in the Plat and Sunwood <br />Drive, as depicted on the Plat, and (ii) for the public trail located on the <br />Property and (iii) for public and private utilities and storm water facilities <br />the PERMITTEE is obligated to construct as a part of the Stage I <br />PERMITTEE Improvements, to the extent such utilities and storm <br />drainage facilities are not located within drainage and utility easements <br />dedicated on the Plat. <br />2. The Plans. The term "Plans" as used in this Contract means the Final Plat Plans <br />prepared by Landform Professional Services dated July 9, 2012, as revised July <br />25, 2012 and August 9 2012. The Plans remain subject to: (a) CITY Staff's <br />review and approval of the July 25 and August 9, 2012 revisions to, among other <br />things, confirm that the revisions requested in the CITY Staff's July 7, 2012 <br />review letter have been made; and (b) such further revisions as the PERMITTEE <br />may propose and the CITY approves. The CITY may not arbitrarily or <br />capriciously deny or delay approval of proposed revisions to the Plans or impose <br />arbitrary or capricious conditions upon the CITY'S approval of proposed changes <br />to the Plans. The Plans shall not be attached to this Contract, but are in the <br />CITY'S files. <br />3. Stage I CITY Improvements. The improvements the CITY will construct or <br />install are as follows: <br />a. Streets — construction of Sunwood Drive (already constructed) <br />b. Concrete curb and gutter — along Sunwood Drive (already constructed) <br />c. Street traffic control signals — for Sunwood Drive (already constructed) <br />d. Lot grading (already complete) <br />e. Sidewalks — along Sunwood Drive (already constructed) <br />f Boulevard sodding — from back of curb to sidewalk <br />( "Stage I CITY Improvements "). <br />The CITY agrees to construct and install the Stage I CITY Improvements <br />according to the terms and conditions of this Contract and in accordance with the <br />Plans. The CITY must complete the construction of the Stage I CITY <br />Improvements within one (1) year after the recording of the Plat. <br />4. Stage I PERMITTEE Improvements. The improvements the CITY requires the <br />PERMITTEE to construct are as follows: <br />2 <br />