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designation in the City's Comprehensive Plan from Rural Developing to Low Density <br />Residential; and • <br />WHEREAS, the CITY requires certain improvements to be constructed within the Plat, <br />which improvements are defined as Stage I and Stage H Improvements in the City Code; and <br />WI-T-EREAS, the DEVELOPER intends to cause its required improvements in the Plat <br />to be constructed with financial participation by the CITY; and <br />WHEREAS, the DEVELOPER desires to construct the Stage I and Stage II <br />improvements, except for those Stage H Improvements constructed by the CITY; and <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 />NOW, THEREFORE, the CITY and DEVELOPER agree as follows: <br />SECTION I <br />STAGE I IMPROVENIENTS AND FINANCIAL GUARANTEES <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 />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 March 29, 2007 prepared by Passe Engineering. <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 />4. Stage I Improvements Required. The improvements the CITY requires the <br />DEVELOPER to construct within the Plat are as follows: <br />a. Streets with concrete curb and gutter <br />b. Lateral storm drainage facilities <br />C. Lot grading and permanent erosion control <br />d. Sidewalk Construction along 170' Trail N.W. and Marble Street NW <br />e. Natural gas <br />f. Telephone service <br />9. Electric service <br />Brookfield Third Addition • <br />Development Agreement <br />Page 2 of 11 <br />