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DEVELOPMENT AGREEMENT - NORTH FORTY 3RD ADDITION <br /> <br />contingent on certain requirements, including DEVELOPER and CITY <br /> <br />entering into this contract; and <br /> <br />WHEREAS, no expenditure of CITY funds, will be made until the <br /> <br />city Code escrow requirements have been fulfilled by DEVELOPER; and <br /> <br />WHEREAS, city Code Section 170.039B defines "Stage I" <br /> <br />Improvements and "Stage II" Improvements which definition is used <br /> <br />herein when reference is made to "Stage I" and "Stage II" <br /> <br />Improvements; and <br /> <br /> WHEREAS, the DEVELOPER desires to construct the Stage I and <br />Stage II improvements, except for those Stage II Improvements <br /> <br />constructed by the CITY. <br /> <br />NOW, THEREFORE, the CITY and DEVELOPER agree as follows: <br /> <br />me <br /> <br />"STAGE I" IMPROVEMENTS: <br /> <br />Compliance with City Code. That the recitals above and <br />the provisions of the City Charter, Subdivision Code, <br />Zoning Code and Public Improvement Code of the CITY as <br />amended to date hereof, are incorporated herein by <br />reference. <br /> <br />Staqe I Improvements Required. The DEVELOPER agrees to <br />construct the required Stage I Improvements according to <br />the terms and conditions of this contract and in <br />accordance with DEVELOPER's plans submitted to the CITY <br />and approved by the City Engineer. Said plans consist <br />of 3 sheets, are dated September 15, 1989, and revised <br />on December 8, 1989, and February 13, 1990, and February <br />14, 1990, and are drawn by Kenneth J. Gust, Registered <br />Civil Engineer and are entitled "Street Profiles North <br />Forty 3rd Addition" and "Grading and Erosion Control <br />Plan", respectively. The Stage I Improvements required <br />to be constructed are those as shown on the above <br />referenced plans. The plans are attached hereto and <br />incorporated herein and are hereinafter referred to as <br />"Stage I Improvements." <br /> <br />7{ <br /> <br /> <br />