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6 <br /> <br />permits shall be issued unless the DEVELOPER shows evidence to the CITY that the FINAL <br />PLAT and this DEVELOPMENT AGREEMENT have been recorded with the COUNTY <br />Recorder and the CITY has received the financial obligations required in Article 13. <br /> <br />ARTICLE 3 <br />SITE IMPROVEMENTS <br /> <br />3.1. SITE IMPROVEMENTS. DEVELOPER shall construct and install, at its own <br />cost, all SITE IMPROVEMENTS identified on Exhibit C in accordance with industry standards <br />for making public improvements. <br /> <br />3.2. CHARGES. The CITY imposes Availability Charges for sanitary sewer and <br />watermain to all new developments pursuant to the City Fee Schedule. Such Charges are <br />identified on Exhibit C. <br /> <br />ARTICLE 4 <br />DEVELOPER IMPROVEMENTS <br /> <br />4.1. DEVELOPER IMPROVEMENTS. The DEVELOPER shall install, at its own <br />cost, the DEVELOPER IMPROVEMENTS in accordance with the DEVELOPMENT PLANS <br />and in accordance with the approvals of the CITY Council, and all ordinances and <br />PRELIMINARY and FINAL PLAT resolutions of the CITY or any amendments thereto and <br />any Miscellaneous Requirements on Exhibit D, attached hereto. <br /> <br />4.2. GROUND MATERIAL. The DEVELOPER shall ensure that adequate and <br />suitable ground material shall exist in the areas of public street and utility improvements and <br />shall guarantee the removal, replacement or repair of substandard or unstable material through <br />the warranty period. The cost of said removal, replacement or repair is the responsibility of the <br />DEVELOPER. <br /> <br />4.3. GRADING/DRAINAGE PLAN, EASEMENTS AND HOURS OF <br />CONSTRUCTION ACTIVITIES. <br /> <br />a) The DEVELOPER shall construct drainage facilities adequate to serve the <br />DEVELOPMENT PROJECT in accordance with the DEVELOPMENT PLANS. The <br />DEVELOPER agrees to grant to the CITY all necessary outlots and easements for the <br />preservation and maintenance of the drainage system, for drainage basins and for utility <br />service and for utility looping. The DEVELOPER shall enter into any easement <br />agreements and stormwater management agreements with the CITY that are deemed <br />necessary to fulfill the obligations of this Section. The grading and drainage plan shall <br />include lot and building elevations, drainage swales to be sodded, storm sewer, catch <br />basins, erosion control structures and ponding areas necessary to conform to the overall <br />CITY storm sewer plan. The grading of the site shall be completed in conformance with <br />the DEVELOPMENT PLANS, subject only to such design criteria and engineering <br />design and construction specifications as are used in the DEVELOPMENT PLANS <br />notwithstanding any amendment or change to CITY standards for development <br />subsequent to approval of the FINAL PLAT. <br /> <br />b) DEVELOPER shall dedicate drainage and utility easements as shown on the FINAL <br />PLAT. Additional utility and drainage easements that may be required by the CITY may <br />be granted by an acceptable document as approved by the CITY. Prior to issuance of a