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WHEREAS, the City' s Zoning Ordinance requires that a <br /> 411 Conditional Use Permit be issued for Planned Developments and <br /> that a Planned Development Agreement be entered into; <br /> NOW, THEREFORE, in consideration of the premises and the <br /> mutual promises and conditions hereinafter contained, it is <br /> hereby agreed as follows : <br /> 1 . ) Entire Agreement - Except as otherwise provided in <br /> Section 4 ( 07 ) herein, this Agreement shall supplement the <br /> Conditional Use Permit for the Property entered into <br /> November 12 , 1986 and as amended April 12 , 1990; the Planned <br /> Development Agreement for the Development and the Developers <br /> , Agreement for the Development, as herein amended, and shall <br /> govern the parties rights , responsibilities and obligations <br /> with respect to the Development, subject to the compliance by <br /> all parties with applicable City Ordinances and State and <br /> Federal laws . <br /> 2 . ) Warranty of Developer - Developer hereby warrants and <br /> represents to the City, as inducement to the City' s entering <br /> into this Agreement, that the Corporate Developer holds a fee <br /> . interest in the Property. <br /> 3 . ) Conditions - <br /> ( 01 ) The following stipulations shall be placed upon the <br /> subdivision : <br /> a . Prior to development, the Property shall be platted in <br /> accordance with the Subdivision Regulations and the <br /> stipulations set forth below. <br /> b. That Dodge Avenue is upgraded to four lanes from the <br /> intersection of Elk Hills Drive to the intersection of <br /> 189th Avenue at the expense of the developer. This <br /> upgrading must be done to applicable City standards <br /> for a commercial street including such items as a 36 <br /> foot wide face of curb to face of curb, urban section <br /> road with concrete curb and gutter. <br /> c. That improvements to City sewer and water needed to <br /> service the lots or buildings within this plat, <br /> including stub-ins, are designed by the City Engineer <br /> and paid for by the developer. Further, that an <br /> escrow account is established by the developer in an <br /> amount estimated by the City Engineer to cover his <br /> services for designing the sewer and water system. <br /> • <br /> 2 <br />