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WHEREAS, this AGREEMENT between the CITY and the DEVELOPER will <br />describe the rights and responsibilities of the CITY and the DEVELOPER once the Plat is <br />approved by the CITY; 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 desires to construct the Stage I and Stage II <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 Grading, Sanitary <br />Sewer, Watermain, Storm Sewer and Street Construction Plans dated June 2, 2004 and as <br />amended pursuant to City Staff Review Letter dated July 9, 2004 <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 />4. Stage I Improvements Required. The improvements the CITY requires the <br /> DEVELOPER to construct within the Plat are as follows: <br /> <br />Trunk and lateral sanitary sewer system <br />Trunk and lateral watermains and appurtenances <br />Streets with concrete curb and gutter <br />Trunk and lateral storm drainage facilities <br />Lot grading and permanent erosion control <br />Sidewalk Construction along all public streets within the Plat as shown in the <br />final plans. <br />Natural gas <br />Telephone service <br />Electric service <br /> <br />Town Center Gardens 2nd Addition Subdivision <br />Development Agreement <br /> Page 2 of 12 <br /> <br /> <br />