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<br />WHEREAS, the DEVELOPER has received approval from the Metropolitan Council of . <br />the request for Comprehensive Plan Amendment to change the Subject Property's land use <br />designation in the City's Comprehensive Plan from Rural Developing to Low Density <br />Residential; and <br /> <br />WHEREAS, the CITY requires certain improvements to be constructed within the Plat, <br />which improvements are defined as Stage 1 and Stage II Improvements in the City Code; and <br /> <br />WHEREAS, the DEVELOP:E:R intends to cause its required improvements in the Plat <br />to be constructed with financial participation by the CITY; 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 />. <br /> <br />1. 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 />2. Conformance with Plan. The Plat shall be developed pursuant to the Final Plat Plan, <br />Utility Plans; Sanitary Sewer and Watermain Construction; Storm Sewer and Street <br />Construction; Grading, Erosion Control and Details; Landscape Plan and Tree Inventory; <br />dated February 2, 2006, revised April 17, 2006, revised , prepared <br />by Passe Engineering. <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 /> <br />4. Stage I Improvements Required. The improvements the CITY requires the <br />DEVELOPER to construct within the Plat are as follows: <br /> <br />e. <br /> <br />Trunk and lateral sanitary sewer system <br />Trunk and lateral watermains and appurtenances <br />Streets with concrete curb and gutter <br />Trunk and lateral storm drainage facilities <br />Lot grading and permanent erosion control <br />.. Sweetbay Ridge <br />Development Agreement <br />Page 2 of 13 <br /> <br />..' , <br /> <br />a. . <br />b. <br /> <br />c. <br />d. <br /> <br />. <br /> <br />-258-:- <br />