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WHEREAS, on April 12, 2005, pursuant to Resolution No. 05-04-__,. the CITY <br />approved the preliminary plat of the Subject Property which plat is known as TOWN CENTER <br />GARDENS 3}tr~ ADDITION (the "Plat"), which approval is contingent on certain requirements, <br />including the DEVELOPER and the CITY entering into this Agreement; and <br /> <br /> WHEREAS, on <br />plan (thc GRADING PLAN) dated <br />and <br /> <br />, 2005, the DEVELOPER submitted a final grading <br /> , 2005 and prepared by Pioneer Engineering; <br /> <br /> WHEREAS, the final plat will be submitted to the CITY for approval in <br />2005; and <br /> <br /> WHEREAS, it is the DEVELOPER'S intent to initiate grading work prior to final <br />approval of the Plat; and <br /> <br /> WHEREAS, this AGREEMENT between the CITY and the DEVELOPER will allow <br />lbr work to commence in conformance with the GRADING PLAN prior to final approval of the <br />Plat as well as describe the rights and responsibilities of the CITY and the DEVELOPER once <br />the Plat is 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 />Confi~rmance with Plan. The Plat shall be developed pursuant to the GRADING PLAN <br />dated ,2003, as well as other construction plans (OTHER CONSTRUCTION <br />PLANS) submitted at a later date to the CITY for their review and approval. These plans <br />will include, but are not limited to a Final Landscaping Plan and a Final Utility and Street <br />Construction Plan.' <br /> <br />Town Center Gardens 3rtl Addition <br />Development Agreement - Grading <br />Page 2 of 13 <br /> <br /> <br />