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4 201703556 No portion of any building constructed (including architectural features) shall exceed a height of 50 feet above the center of the intersection of Capital Avenue and the western most driveway on Lot 1. 10. Landscaping. The Subdivider agrees to comply with the requirements of the Landscaping Regulations of the City of Grand Island and plans as submitted to and approved by the City's Building Department. The Subdivider shall install and maintain the existing landscaping at its own expense. No buildings or other structures shall be permitted outside of the building envelopes in a manner that encroaches into the required landscape buffer. 11. Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a registered professional engineer and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of public improvements under construction shall be performed under the supervision of a professional registered engineer and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a registered professional engineer shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 12. Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as STERLING ESTATES NINTH SUBDIVISION, and that an abstract of title will be submitted for examination, if necessary, upon request of the City of Grand Island. 13. Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any