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ADDITION (the "Plat"), which approval is contingent on certain requirements, including the <br />DEVELOPER and the CITY entering into this Agreement; and <br /> <br /> WHEREAS, the final plat for the Subject Property conforms to the preliminary plat for <br />Alpine Acres; and <br /> <br /> WHEREAS, the CITY requires certain improvements to be constructed within the Plat, <br />which improvements are defined as Stage I and Stage II Improvements in the City Code; and <br /> <br /> WHEREAS, the DEVELOPER intends to cause its required improvements in the Plat <br />to be constructed with financial participation by the CITY. <br /> <br /> WHEREAS, the DEVELOPER desires to construct the Stage I and Stage <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 Final Plat Plan dated <br />March 3, 2004, Final Grading and Erosion Control Plan dated March 8, 2004, and Final <br />Utility and Street Construction Plans dated March 8, 2004, all prepared by Hakanson <br />Anderson. <br /> <br />o <br /> <br />Incorporation of Ali 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 />Stage I Improvements Required. The improvements the CITY requires the DEVELOPER to <br />construct within the Plat are as follows: <br /> <br />(a) <br />(b) <br /> <br />(c) <br /> <br />(d) <br /> <br />Final grading over the remaining areas of Alpine Acres preliminary plat <br />Underground utilities including: sanitary sewer, watermain, and storm sewer in all <br />platted public streets, and private streets identified on the approved preliminary plat <br />All streets within the final plat including concrete curb and gutter, class 5, and <br />bituminous wear and base courses <br />Lot grading including outlots <br /> Alpine Acres Subdivision <br /> Development Agreement <br /> Page 2 of 12 <br /> <br /> <br />