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WHEI/I,;AS, the DEVELOPER desires to construct the Stage I and Stage II <br />improvements, except for [hose St,.tge [l Improvements constructed by the CITY; and <br /> <br /> WHEIIEAS, no expcnditt~re of CITY funds will be made until the relevant City Code <br />escrow requirem¢ n ts have been co{npleted by the DEVELOPER. <br /> <br /> WH EIIEAS, the prell mira '5" plat and site plan for Rivenwick Village was approved With <br />many deviations. Such deviations :ire outlined in Exhibit A and will be reference when the CITY <br />issues buildi ng petrol, ts. <br /> <br />NOW, Ti! ERIgFOI~E, th¢ CITY and DEVELOPER agree as follows: <br /> <br /> SECTION I <br />STAGE I IMPIIOV EMENTS AND FINANCIAL GUARANTEES <br /> <br />City Code Compliance. Thc C_~TY approves the Plat conditioned on the DEVELOPER <br />developing thc Plat in act:ordt~face with the applicable provisions of City Code, Section 9.50, <br />entitled Subdivision. <br /> <br />Confl~rmancc with Plan. Thc Plat shall be developed pursuant to the Final Plat Plan, Final <br />l,andscaping ?lan Final Grading. and Erosion Control Plan dated May 21, 2004, and Final <br />Utility and St~ eet Constr~tction ?lmas dated May 20, 2004, prepared by Pioneer Engineering. <br /> <br />Incorporation of All Ci~ Codc Require~nents. That the recitals above and the applicable <br />provisions o1' thc Cit5 Chartc~~, Subdivision Code, Zoning Code and Public Improvement <br />Code ot' the CITY, as amcnde~! to date hereof; are incorporated herein by reference. <br /> <br />4. State Iluildi~g Code Compliam:e. The Structures shall be constructed in accordance with <br /> thc rCcluircmc,lts ot:thc Buildir g ('ode. <br /> <br />Site Plan Compliance. Th¢: ~ownhomes and condominium units shall be sited and <br />constructed ~ ti~e Subject Pr,~pcrty in accordance with the Site Plan prepared by Pioneer <br />linginccri~lg dated May 2 I, 20(i4. <br /> <br />Fire I,anc.~. ['i~'c lanes sh,,~ll bt. maintained on the Site. The exact locations of these items on <br />the Site :4hall be as directed by thc Fire Chie5 The DEVELOPER herein agrees to post "No <br />Parking" ~'.ig~s along private streets in accordance with City Code requirements and in <br />c()njunction x~x ith the tnstructio '~s (~l:the Fire Chief. <br /> <br />7. <br /> <br />Building lra~ade. Thc I)EVEi,()PER agrees to construct the townhomes and condominium <br />units in a(zcot'dance with the .~:ite plan prepared by Pioneer Engineering, colored elevations <br />provided by Nyland [~Iomc~s, a~d approved by the City Council on April 13; 2004. The units <br />will consist ;)t' brick, maintena~ ~ce fi'ee siding, colored accents, and asphalt shingles. <br /> <br />Rivenwick Village <br />1)cvelopment Agreement. <br />Page 2 of 15 <br /> <br /> <br />