Resolutions-2022-084

limited to, the construction and maintenance of all fences between the boundary of the subdivision and abutting land used for agricultural purposes, and entering into appropriate fence agreements prior to final plat approval, as approved by the City. Further, prior to the time of dedication or conveyance to the City of any property ( i. e. outlot, right of way, open space), and abutting property is used for agricultural purposes, the Subdivider must provide the City with a copy of the existing fence agreement. If no fence agreement exists, the Subdivider must enter into a fence agreement with the adjacent owner that is acceptable to the City. Prior to final plat approval, the Subdivider must ensure the part of the fence it is responsible for pursuant to the fence agreement is in good condition, subject to approval by the City. G. Sanitary Sewer Upgrade. Subdivider and City acknowledge that the sanitary sewer main located south of Highway 6 will have to be upgraded by City in order to meet the demands of the subdivision, and other property in the area. The cost due from the Subdivider for this upgrade acre for 55. 67/ is $ 616. 41 for a total of $34, acres 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. H. Bailey Way. QS Development, Inc. and the City entered into an Escrow Agreement for Park Place — Part Four on November 3, 2017, as a condition of final plat approval for that subdivision. The escrow agreement required an escrow for certain obligations relating to finishing construction of Bailey Way. The escrow agreement required this to be completed on or before the property to the North develops. I. Lift Station. A lift station must be completed for use by Lots 62, 58 and other Lots as dictated by the availability of gravity sewer. It is unknown at this time if the lift station will be a regional, city owned facility or a local, private facility. If the lift station will be a regional, city owned facility, it will be located on Outlot A. If the lift station will be a local, private facility, it will likely be located on Lot 58, subject to the provisions below. Prior to any construction or installation of this facility, Subdivider shall notify City and provide all construction plans and any other documentation requested by the City Engineer. A separate agreement regarding the lift station, including but not limited to the scope, size, location, and maintenance obligations shall also be reviewed and approved by the City prior to construction. Subdivider shall not construct a lift station facility until it receives approval by the City. Any necessary access or other easements relating to the lift station, as determined by the City, must be provided prior to final plat approval. If the lift station is to service only lots in the Subdivision ( ie. private) (i)it shall be decommissioned when gravity sewer is available, and ( ii)upon prior written approval of the City, the Subdivider may elect to install the same on a Lot of its choosing it being the desire of the Subdivider that if the facility is private that it not be located on land to be dedicated to the City ( ie. Outlot " A")." 2. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. No Effect. Except for the terms and conditions of the Subdivider' s Agreement amended hereby all remaining terms and conditions remain in full force and effect. 4. PDF and Electronic Signatures. This Amendment may be signed by faxed, emailed or other electronic signatures ( e. g.Docusign) and faxed, emailed or such other electronic signatures hereon shall be deemed originals for all purposes. Signature Page Follows