Resolution No. 2026-033 - A Resolution Approving the Third Amendment to the Andersen Addition Subdividers Agreement — I.6

1. Amendments to Section 3 of the Subdivider’s Agreement, as amended a. Section 3(C)(4) is of the Agreement is hereby amended to add: The Developer shall construct the sidewalk on Croell Avenue abutting Outlot A Andersen Addition – Part Three, and the sidewalks on Whitetail Lane abutting Outlot B and Outlot C Andersen Addition – Part Three, all prior to final plat approval. b. Section 3(C)(5) is of the Agreement is hereby amended to (i) strike the words “and Lot 58” and (ii) replace “Outlot D” with “Outlot A of Andersen Addition – Part Three.” c. Section 3(C)(9) is of the Agreement is hereby amended to replace “Outlot D” with “Outlot A of Andersen Addition – Part Three.” d. A new Section 3(C)(10) is added to the Agreement as follows: Outlot B of Andersen Addition – Part Three shall be private open space and subject to any easements granted to the City. e. The final sentence of Section 3(G) of the Agreement, which currently states: “The cost due from the Subdivider for this upgrade is $616.67/acre for 55.41 acres for a total of $34,169.68, which shall be prorated across Lots 2-5, inclusive, Lots 36-57, inclusive, Lots 58 – 68, inclusive, and the prorated amount shall be paid prior to final plat approval for any given Part.” is hereby amended to state as follows: “The cost due from the Subdivider for this upgrade is $616.67/acre for 55.41 acres for a total of $34,169.68, which shall be prorated across Lots 2-5 (Part Two), inclusive, Lots 36- 57 (Part Two), inclusive, Lots 1-70 (Part Three), inclusive, and the prorated amount shall be paid prior to final plat approval for any given Part. The upgrade fee for Part Two has been paid.” f. The approved preliminary plat for Andersen Addition – Part Three is attached as Exhibit A. 2. Additional Requirements for Lots 27-56, inclusive, Andersen Addition Part Three, known as “Lotus Hill North OPD.” a. The Lotus Hill North OPD (“OPD”) shall be developed according to the Site Plan (attached as Exhibit B) and preliminary 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 Site Plan and preliminary plat. There shall be no variance from the approved preliminary plat, approved Site Plan, or from the construction plans and specifications, unless approved in writing by the City.