J-1 - Developers Agreement Prairie Village Commercial - Part 3

provisions set forth in Section 5 of this agreement; and 3. All permits required by local, state, and federal law have been applied for and issued by the appropriate authority. 4. Contingent upon the permitting requirements set forth in Paragraph 3 of this section being met, all necessary construction permits have been applied for and issued by the City. SECTION 3. DEVELOPMENT REQUIREMENTS AND PUBLIC IMPROVEMENTS A. Development Standards. The subdivision shall be developed according to the preliminary subdivision plat as approved by the City and according to the plans and specifications as approved by the City. All construction plans shall be approved before the commencement of any work in accordance with the subdivision plat. There shall be no material variance from the preliminary plat, or from the construction plans and specifications, unless approved in writing by the City. B. Public Improvement Standards. All improvements and facilities described in this Agreement shall be constructed and installed by the Developer according to the plans, specifications, ordinances and standards of the City and in accordance with all applicable federal and state laws and regulations. All required inspections shall be performed by the City Engineer or designate. Said inspections shall consist of inspection of the work in progress but shall not relieve or release the Developer from its responsibility to construct said improvements and facilities pursuant to the agreed upon plans and specifications. These improvements and facilities include but are not limited to public water system; sanitary sewer system; storm sewer and drainageway system; site grading; underground utilities; setting for lot and block monuments; and surveying and staking. C. Standard Requirements. Further, the Developer agrees that: 1. All streets shown on the plat will be constructed of concrete paving with concrete curb and gutter, which will be shown on the construction plans, to be approved by the City Engineer, and will be dedicated to the City. 2. The Developer shall provide for the installation of all electric lines, street lights, gas mains, telephone lines and other utility facilities that are necessary at the Developer’s sole cost. Developer further agrees that all utilities shall be installed underground. 3. Any decorative street lighting shall be approved by the City and installed at the Developer’s sole cost. 4. At such time as building construction occurs on a lot, but in no event later than five (5) years from the date the final subdivision plat is recorded, the Developer shall install sidewalks in said subdivision abutting said lots per the widths approved on the preliminary plat, in accordance with the plans and specifications of the City, and subject to inspections by the City Engineer or designate, unless otherwise shown on the 3