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6 <br /> <br />2.2. RECORDING OF FINAL PLAT. The DEVELOPER shall record the FINAL <br />PLAT and this DEVELOPMENT AGREEMENT with the COUNTY Recorder. Except for <br />model or spec home permits described in Section 4.13 below, no building permits shall be <br />issued unless the DEVELOPER shows evidence to the CITY that the FINAL PLAT and this <br />DEVELOPMENT AGREEMENT have been recorded with the COUNTY Recorder and the <br />CITY has received the financial obligations required in Article 13. <br /> <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 as directed by a geotechnical engineer shall exist in the areas of public <br />street and utility improvements and shall guarantee the removal, replacement or repair of <br />substandard or unstable material through the warranty period. The cost of said removal, <br />replacement or repair is the responsibility of the 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 />access to, preservation of, and maintenance of the drainage system, for drainage basins <br />and for utility service and for utility looping. The DEVELOPER shall enter into any <br />easement agreements and stormwater management agreements with the CITY that are <br />deemed necessary to fulfill the obligations of this Section. The grading and drainage <br />plan shall include lot and building elevations, drainage swales to be sodded, storm <br />sewer, catch basins, erosion control structures and ponding areas necessary to conform <br />to the overall CITY storm sewer plan. The grading of the site shall be completed in <br />conformance with the DEVELOPMENT PLANS, subject only to such design criteria <br />and engineering design and construction specifications as are used in the <br />DEVELOPMENT PLANS notwithstanding any amendment or change to CITY <br />standards for development subsequent to approval of the FINAL PLAT. <br />b) DEVELOPER shall dedicate drainage and utility easements as shown on the FINAL