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c. Proof of Authority. That the PERMITTEE provide proof that the respective <br />governing boards of the PERMITTEE have authorized the PERMITTEE'S <br />execution of this Agreement. This proof of authority may be satisfied by providing <br />the CITY with a certified copy of the minutes of the governing board of each entity <br />which grants such authority. <br />d. Previous Development Agreement. This Development Agreement shall replace the <br />previous Development Agreement for Bury and Carlson Addition dated November <br />3, 1993, filed February 7, 1994, as Document No. 1097178, which is hereby <br />terminated with respect to the Subject Property. <br />3. The Plans. The term "Plans" as used in this Agreement means the Final Plat Plans prepared <br />by Hakanson Anderson, dated April 19, 2019. The Plans remain subject to: (a) CITY <br />Staffs review and approval of the Plans to, among other things, confirm that the revisions <br />requested in the CITY Staff's review letter have been made; and (b) such further revisions <br />as the PERMITTEE may propose and the CITY approves. The Plans shall not be attached <br />to this Agreement, but are in the CITY'S files. <br />4. Site Improvements. The site improvements the PERMITTEE will construct or install are <br />identified on Exhibit C attached hereto and made a part hereof (the "Site <br />Improvements"). <br />The PERMITTEE agrees to construct the Site Improvements according to the terms and <br />conditions of this Agreement and in accordance with the Plans and the City Code. Per City <br />Code Section 117-615, the PERMITTEE shall provide the CITY with a set of re- <br />producible as -built plans in Computer Aided Drafting (CAD) format upon completion of <br />the Site Improvements and acceptance by the CITY. As as -built plans are required for the <br />Site Improvement item per City Code Section 117-615, the CITY will not release in its <br />entirety the required Site Improvement Financial Guarantee noted in Section 11 below until <br />such as -built plans are received by the CITY. Additionally, the PERMITTEE agrees to <br />provide to the CITY the plans in CAD format prior to the commencement of construction <br />of the Site Improvements. <br />5. Lot Corner Staking. The PERMITTEE must install lot corner stakes at all lot corners. <br />6. Installation of the Site Improvements. The PERMITTEE shall obtain all necessary <br />permits from all governmental agencies before commencing construction of the Site <br />Improvements. The PERMITEE must provide the CITY with copies of all necessary <br />permits from other governmental agencies prior to or when the PERMITTEE applies for <br />a building permit to construct improvements on a lot within the Plat. Within thirty (30) <br />days after the completion of the Site Improvements, the PERMITTEE shall provide the <br />CITY with a complete set of reproducible "As Built" plans for the Site Improvements. <br />7. Time of Performance for the Site Improvements. The PERMITTEE must complete the <br />Site Improvements within one (1) year after the recording of the Plat. <br />8. Ownership of the Site Improvements. The PERMITTEE owns the Site Improvements <br />until the CITY'S acceptance of those Site Improvements identified on Exhibit C hereto <br />as public (the "Public Site Improvements"). Title to the Public Site Improvements <br />automatically passes to the CITY upon the CITY'S written acceptance of the Site <br />2 <br />