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WHEREAS, on August 9, 2005, pursuant to Resolution No. 05-08-__, the CITY <br />approved the final plat of the Subject Property which plat is known as TOWN CENTER <br />GAIIDENS 3m~ 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, the final plat for the Subject Property substantially conforms to the <br />preliminary plat for TOWN CENTER GARDENS 3m~ ADDITION; 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 intends to cause its required improvements in the Plat <br />to bc 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; and <br /> <br /> WHEREAS, the final plat and final site plan for TOWN CENTER GARDENS 3m~ <br />AI)DITION were approved with setback and lot Standard deviations as outlined in the City Staff <br />Review Letter dated August 5, 2005. <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 Final Plat Plan <br />prepared by Pioneer Engineering and dated June 3, 2005, the Final Site Plan prepared by <br />Pioneer Engineering and dated July 19, 2005, the Final Grading and Drainage Plans dated <br />July l l, 2005, Final Utility and Street Plans dated May 27, 2005, and'the Landscaping Plan <br />prepared by Hoisington-Koegler Group, Inc., dated February 8, 2005, revised March 21, <br />2005. <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 o~' the CITY, as amended to date hereof, are incorporated herein by reference. <br /> <br />Town Center Gardens 3rd Addition <br />Development Agreement <br /> Page 2 of 12 <br /> <br /> <br />