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<br />. <br /> <br />WHEREAS, the City's Zoning Ordinance requires that a <br /> <br />Conditional Use Permit be issued for Planned Developments and <br /> <br />that a Planned Development Agreement be entered into; <br /> <br />NOW, THEREFORE, in consideration of the premises and the <br /> <br />mutual promises and conditions hereinafter contained, it is <br /> <br />hereby agreed as follows: <br /> <br />1.) Entire Aareement - 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 oy <br />all parties with applicable City Ordinances and State and <br />Federal laws. <br /> <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 /> <br />3.) Conditions- <br /> <br />(01) The following stipulations shall be placed upon the <br />subdivision: <br /> <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 /> <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 /> <br />c. <br /> <br />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 />. <br /> <br />2 <br />