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DEVELOPMENT AGREEMENT - FOX RIDGE ESTATES <br /> <br />certain requirements, including DEVELOPER and CITY entering into <br />this contract; and <br /> <br /> WHEREAS, the DEVELOPER proposes to develop in the Plat in two <br />development phases as a Planned Unit Development (P.U.D.) pursuant <br />to City code, Section 170.016K; and <br /> <br /> WHEREAS, the plat is the first phase of the Developer's <br />(P.U.D.) <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 /> WHEREAS, City Code Section 170.039B defines "Stage I" <br /> <br />Improvements and "Stage II" Improvements which definition is used <br />herein when reference is made to "Stage I" and "Stage II" <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 />constructed by the CITY. <br /> <br /> NOW, THEREFORE, the CITY and DEVELOPER agree as follows: <br /> <br /> I. <br /> <br /> P.U.D. <br /> <br /> 1. City Code Compliance. That the DEVELOPER will develop <br /> the Plat in accordance with the City Code, SEction <br /> 170.016K, entitled "Planned Unit Development." <br /> <br /> 2. Conformance with Plan. The P.U.D. shall be developed <br /> pursuant to the "CONCEPT PLAN FOR THE PLANNED UNIT <br /> DEVELOPMENT OF FOX RIDGE ESTATES" consisting of two <br /> sheets, prepared by Caine & Associates Land Surveyors, <br /> Inc., dated November 21, 1989, and last revised on June <br /> 8, 1990, and received by the CITY on June 15, 1990. Said <br /> Concept Plan is attached hereto and incorporated herein <br /> as if fully set forth at this point. In addition, the <br /> <br /> 3 <br /> <br /> <br />