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a. The PERMITTEE'S Execution of this Agreement. That the PERMITTEE enter <br />into this Agreement. <br />b. Marketable Title. That prior to recording the Plat, the PERMITTEE shall provide <br />the CITY with proof of marketable title to the Subject Property either through a <br />currently certified abstract, registered property abstract or title insurance <br />commitment or policy. <br />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 />3. The Plans. The term "Plans" as used in this Agreement means the Final Plat Plans <br />prepared by Carlson McCain, Inc., dated October 7th, 2022 and last updated <br />November 22, 2022. The Plans remain subject to: (a) CITY Staff's review and <br />approval of the Plans to, among other things, confirm that the revisions requested <br />in the CITY Staffs review letter have been made; and (b) such further revisions as <br />the PERMITTEE may propose and the CITY approves. The Plans shall not be <br />attached to this Agreement, but are in the CITY'S files. <br />4. Stage I Improvements. The public improvements the PERMITTEE will construct or <br />install are as follows: <br />a. Trunk and lateral sanitary sewer. <br />b. Trunk and lateral water main. <br />c. Storm drainage facilities (when specified). <br />d. Stormwater maintenance through 90 percent buildout. <br />e. Streets. <br />f. Concrete curb and gutter (urban). <br />g. Street traffic control signals. <br />h. Lot grading. <br />i. Sidewalks. <br />j. Electricity (within one-fourth mile). <br />k. Phone (within one-fourth mile). <br />1. Natural gas (within one-fourth mile). <br />m. Boulevard sodding. <br />n. Water shut off boxes. <br />(the "Stage I Improvements"). <br />The PERMITTEE agrees to construct the Stage I Improvements according to the terms <br />and conditions of this Agreement and in accordance with the Plans and the City Code. Per <br />City 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 Stage I Improvements and acceptance by the CITY. As as -built plans are a required <br />Stage I Improvement item per City Code Section 117-615, the CITY will not release in its <br />entirety the required Stage I Improvement Financial Guaranty noted in Section 12 below <br />2 <br />