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202000268 gravity sanitary sewer main in public street right-of-way or in a public utility easement for future use from the lift station to the location where a future sanitary sewer main will be located along Husker Highway. The property being developed is subject to a proportionate cost share for extending public interceptor sanitary sewer in the future along Husker Highway where it abuts the subdivision. The owner of each lot in the subdivision will be required to pay their proportionate share of the cost for the Husker Highway interceptor sanitary sewer main at the time of the application for a sanitary sewer service permit. The sanitary sewer lift station and sewage force main shall be built in accordance with plans and specifications approved by the Director of Public Works, and subject to the City's inspection. The City shall assume ownership and operation and maintenance of said sewer lift station and force main upon acceptance by the Department of Public Works. The Subdivider waives the right to protest the creation of any future sanitary sewer district within or abutting the subdivision; and Whereas, the above-mentioned Husker Highway Interceptor and sanitary sewer main along Husker Highway has not been constructed by City. Current City Public Works Department planning contemplates construction of a future interceptor constructed on an alternate route to encompass property located south of the Subdivision; and Whereas, Subdivider completed construction of a sewage force main from the lift station to the existing public sanitary sewer main on Indianhead Road west of Schroeder Avenue; Subdivider did not construct a gravity sanitary sewer main in public street right-of-way or in a public utility easement for future use from the lift station to the location where a future sanitary sewer main will be located along Husker Highway nor has Subdivider provided an easement for a gravity sanitary sewer main for future use from the lift station to the location where a future sanitary sewer main would be located along Husker Highway; and Whereas, on December 6, 2011, City's Mayor and Council adopted Resolution 2011-353 to provide for amendment of the Subdivision Agreement however the proposed Amended Subdivision Agreement was not approved and executed by all necessary parties; and Whereas, due to the uncertainty of future City sanitary sewer construction projects and the uncertain cost of such projects, the following provisions of Paragraph 3 of the Subdivision Agreement is an impediment to the sale of lots within the subdivision, to wit: "The property being developed is subject to a proportionate cost share for extending public interceptor sanitary sewer in the future along Husker Highway where it abuts the subdivision. The owner of each lot in the CITY OF GRAND ISLAND/ Page 1 2 INDIANHEAD GOLF CLUB, L.L.C.