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Agreement <br />1. Recitals. Recitals incorporated. The recitals stated above are hereby incorporated into this <br />Agreement and are made part of this Agreement by reference. <br />2. Conditions of Approval. The CITY has approved the Plat subject to satisfaction of the <br />following conditions subsequent: <br />a. The PERMITTEE'S Execution of this Agreement. That the PERMITTEE and <br />OWNER enter into this Agreement. <br />b. Marketable Title. That prior to recording the Plat, the PERMITTEE shall provide <br />the CITY with proof of OWNER PARENT'S marketable title to the Subject <br />Property either through a currently certified abstract, registered property abstract <br />or title insurance commitment or policy. <br />c. Proof of Authority. That the PERMITTEE and each OWNER provide <br />reasonable proof that the respective governing boards of the PERMITTEE and <br />each OWNER have authorized the PERMITTEE'S and each OWNER'S, <br />execution, as applicable, of this Agreement. <br />3. The Plans. The term "Plans" as used in this Agreement means the Final Plat Plans prepared <br />by Egan, Field, and Nowak, Inc (Plat) and Kimley Horn (Civil), dated May 6, 2021; revised <br />January 26, 2022. The Plans remain subject to: (a) CITY Staff's review and approval of <br />the Plans to, among other things, confirm that the revisions requested in the CITY Staff s <br />review letter have been made; and (b) such further revisions as the PERMITTEE may <br />propose and the CITY approves. The Plans shall not be attached to this Agreement, but <br />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. Lateral sanitary sewer. <br />b. Lateral water main. <br />c. Storm drainage facilities (when specified). <br />d. Stormwater maintenance through 90 percent buildout. <br />er-----St-reetsr <br />f. Concrete curb and gutter (urban). <br />g. Street traffic control signals. <br />h. Lot grading. <br />j. Sidewalks. <br />k. Electricity (within one-fourth mile). <br />1. Phone (within one-fourth mile). <br />m. Natural gas (within one-fourth mile). <br />n. Boulevard sodding. <br />o. Water shut off boxes. <br />p. Landscaping <br />2 <br />