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WHEREAS, on December 16 2003, pursuant to Resolution #03-12- , the CITY <br />approved the final plat of the Subject Property which plat is known as TRAPPERS RIDGE (the <br />"Plat") contingent on certain requirements, including DEVELOPERS and CITY entering into <br />this agreement; and <br /> <br />WHEREAS, the Plat consists of two (2) lots; and <br /> <br /> WHEREAS, approval of the Final Plat is given pursuant to the City's Subdivision Code <br />Section 9.50.05 (Subd. 1) entitled "Division or Consolidation of platted Lots". <br /> <br /> WHEREAS, no expenditure of CITY funds will be made until City Code escrow <br />requirements have been fulfilled by the DEVELOPERS. <br /> <br />NOW, THEREFORE, the CITY and DEVELOPERS agree as follows: <br /> <br />SECTION I <br />IMPROVEMENTS <br /> <br />Access to Lots. Access to Lot 1, Block 1 shall be from the right-of-way of 160th Lane <br />NW. The CITY herein agrees for the DEVELOPER to construct a driveway to serve <br />Lot 1, Block 1 within the right-of-way of 160th Lane NW subject to the following <br />conditions: <br />a. Prior to the commencement of work, the DEVELOPER shall provide the City a <br /> plan showing the layout of the driveway and indicate which trees will be taken <br /> down. <br />b. The DEVELOPER shall notify the CITY at least 24 hours in advance prior to the <br /> commencement of work within the fight-of-way. <br /> The DEVELOPER hereby waives any liability the CITY may have in regards to the <br /> DEVELOPER working and utilizing the public right-of-way for a private driveway. The <br /> DEVELOPER also agrees that if the fight-of-way for 160th Lane NW is utilized for a <br /> public street, the CITY is not liable for the cost of replacing and/or relocating the <br /> driveway that will serve Lot 1, Block 1. <br /> <br />The access to Lot 2, Block 1 shall be from 161st Lane NW. <br /> <br /> SECTION II <br />PERMITS AND OCCUPANCY <br /> <br />Requirements for Building and Occupancy Permits. No building permit for Lot 1 in <br />the Plat shall be issued until: (a) a Class 5 driving surface is installed to within 300 feet <br />of the structure; (b) a Certificate of Survey, including that survey information required by <br />the CITY, has been supplied to the City Building Official upon his/her request; (c) all the <br />financial guarantees required by the CITY have been satisfied and (d) the final plat has <br /> <br />Development Agreement: Trappers Ridge <br /> Page 2 of 7 <br /> <br /> <br />