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WHEREAS, on July 14, 2005, pursuant to Resolution No. 05-06-168, the CITY <br />approved the preliminary plat of the Plat based on the adopted findings of fact # _ contained in <br />Resolution #05-06-169A; and <br /> <br /> WHEREAS, on July 26, 2005, the City Council amended Resolution No. 05-06~168, to <br />add additional contingencies to the subdivision approval for the Plat; and <br /> <br />WHEREAS, on June 13, 2006, pursuant to Resolution No. 06-06- <br />plat of the Subject Property, which plat is known as SHADE <br />approval is contingent on certain requirements, including the <br />entering into this Agreement; and <br /> <br /> approved the final <br />:OTTAGES wkich <br /> and the CITY <br /> <br /> WHEREAS, the final plat for the Sub <br />Shade Tree Creek; and <br /> <br />plat for <br /> <br /> WHEREAS, the CITY requires certain <br />which improvements are defined as Stage I and Stage <br /> <br />constructec the Plat, <br /> and <br /> <br /> WHEREAS, <br />to be constructed with financial <br /> <br />tO <br /> <br />improvements in the Plat <br /> <br /> WHEREAS, the DEVELOPER' <br />improvements, except for' <br /> <br /> Stage I and Stage II <br />the CITY; and <br /> <br /> WHEREAS [ <br /> . of <br />escrow req <br /> <br />will be made until the relevant City Code <br /> <br /> .gree as follows: <br /> <br /> ." .', I \¢;1' I IMI"[I'0VENIENTS A.ND FINANCIAL GUARANTEES <br /> <br />City Code ~'~nliancex~The CITY approves the Plat conditioned on the DEVELOPER <br />developing the l~l~t?~a¢cordance w~th the apphcable prows~ons of Ctty Code, Sectmn 9.50, <br />entitled Subdiv~si~ <br />Conformance with Plan. The Plat shall be developed pursuant to the Final Plat Plan , <br />Grading, Sanitary Sewer, Watermain, Street and Storm Sewer Construction Plans prepared by <br />Midwest Land Surveyors & Civil Engineers Inc. and dated May 19, 2006. <br /> <br />-270- <br /> <br />3. 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 of the CITY, as amended to date hereof, are incorporated herein by reference. <br /> Shade Tree Cottages <br /> Development Agreement <br /> Page 2 of 12 <br /> <br /> <br />