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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 the required improvements in the Plat <br />to be constructed without financial participation by the CITY. <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 provi§ions of City Code, Section 9.50, <br />entitled Subdivision. <br /> <br />Conformance with Plan. The Plat shall be develOped pursuant to the Final Plat consisting <br />of 5 sheets, prepared by Loucks McLagan Associates, entitled Village of Sunfish Lake 2na <br />Addition, and construction plans prepared by Loucks McLagan Associates, dated August 3, <br />2004. <br /> <br />Incorporation of All 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/Phasing Plan. The improvements the CITY requires the' <br /> DEVELOPER to construct within the Plat are as follows: <br /> <br />a. Streets with concrete curb and gutter, and sidewalk <br />b. Lot grading and permanent erosion control <br />c. Natural gas <br />d. Telephone service <br />e. Electric service <br />f. Street lights (installment arranged by CITY during Stage I Improvements and <br /> paid for by DEVELOPER as Stage II Improvement) <br /> <br />("Stage I Improvements") <br /> <br />Development Agreement/Village of Sunfish Lake 2nd Addition <br /> Page 2 of 12 <br /> <br /> <br />