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<br /> . . <br /> " .. . <br /> . <br /> . requirements of the City Code prior to occupancy of the first <br /> building, and (vi) filing of the final,plat, or execution of a <br /> development agreement relative to street and utilities, prior to <br /> issuance of the second building permit, and <br /> WHEREAS, Developer has requested that the City prepare a <br /> feasibili ty report (the "Feasibility Report" ) to determine the <br /> estimated cost and design of certain public improvements to be <br /> constructed in the Subdivision consisting of storm sewer, <br /> sanitary sewer, water and street (including curb and gutter) <br /> which are generally shown on the grading and utility plan, dated <br /> October 28, 1985, which was prepared by Developer, a copy of <br /> which is attached hereto and made a part hereof as Exhibit "B", <br /> and r. <br /> . <br /> -~: <br /> WHEREAS, the City has not as yet completed the Feasibility <br /> Report and the Developer requires that the final plat of the ~ <br /> ~ <br /> Subdivision be executed by the City prior to closing its purchase i <br /> -t <br /> of the Subdivision, and <br /> ~ <br /> WHEREAS, the City has agreed to execute the final plat of ; <br /> the Subdivision provided payment of the cost of preparation of <br /> the Feasibility Report and the cost of the installation of the <br /> aforesaid improvement and/or the installation of the aforesaid <br /> improvements is guaranteed by Developer, <br /> NOW, THEREFORE, in consideration of the mutual covenants <br /> and promises contained herein and other good and valuable <br /> consideration, the receipt and sufficiency of which is hereby <br /> . acknowledged, the City and the Developer hereby agree as follows: <br />