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D. The PERMITTEE intends to cause the Required Improvements to the Subject Property to be <br />constructed without financial participation by the CITY. <br />Agreement <br />SECTION I <br />REQUIRED IMPROVEMENTS AND FINANCIAL RESPONSIBILITIES <br />1. City Code Compliance. The CITY approves the site plan (the "Site Plan") conditioned on the <br />PERMITTEE developing the Subject Property in accordance with the applicable provisions of <br />City Code. <br />2. Conformance with the Plans. The Subject Property and Limonite Street shall be developed in <br />accordance with the plans (the "Plans") prepared by Hakanson Anderson, dated July 17, 2023, and <br />revised August 30, 2023. The Plans remain subject to: (a) City Staff s review and approval of the <br />Plans to, among other things, confirm that the revisions requested in the CITY's review have been <br />made; and (b) such further revisions as the PERMITTEE may propose and the CITY approves. <br />The Plans shall not be attached to this Agreement, but are in the CITY's files. <br />3. Incorporation of All City Code Requirements. That the recitals above and the applicable <br />provisions of the City Charter and Code of the CITY, as amended to date hereof, are incorporated <br />herein by reference. <br />4. State Building Code Compliance. The structure shall be constructed in accordance with the <br />requirements of the Building Code. <br />5. Fire Lanes. Fire lanes shall be maintained on the Subject Property. The exact locations of these <br />items on the Subject Property shall be as directed by the Fire Chief. The PERMITTEE herein <br />agrees to post "No Parking" signs along private drives in accordance with City Code requirements <br />and in conjunction with the instructions of the Fire Chief. <br />6. Required Site Improvements (on site). The PERMITTEE shall construct and install the <br />following site improvements on the Subject Property in accordance with the specifications and <br />location as shown on the Plans. The Required Improvements and the allocated costs therefor are <br />as follows: <br />A. Grading, Drainage, and Erosion Control <br />B. Site Utilities <br />C. Landscaping and Ground Cover <br />D. Parking lots, curbing, and walkways <br />("Required Site Improvements") <br />The PERMITTEE agrees to construct the Required Site Improvements according to the terms <br />and conditions of this Agreement, in accordance with the Plans, and in compliance with Staff <br />review comments. <br />7. Required Street Improvements (Limonite Street). The PERMITTEE shall construct and install <br />the following street improvements on Limonite Street in accordance with the specifications and <br />NOLBY BC LLC (Jam Hops) <br />Development Agreement <br />Page 2 of 9 <br />