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202000268 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"; and Whereas, Subdivider and City desire to enter into an agreement whereby Subdivider shall pay a fixed amount to the City in lieu of future sanitary sewer assessments levied upon lots within the subdivision and, in consideration thereof, City will release all lots within the Subdivision from the following requirement of the Subdivision Agreement, to wit: "The Subdivider shall 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. 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." Now, therefore, City and Subdivider agree as follows: 1. The above recitals are incorporated into a made a part of this agreement. 2. Subdivider shall pay to City $131,250.00 representing the sum of $400 per subdivision lot plus the estimated cost, in current dollars, of constructing an 8 inch sanitary sewer main in a southerly direction from the lift station serving the Subdivision to Husker Highway. 3. Subdivider shall convey to City a perpetual public utility easement, approved by the City's Public Works Director, upon the area as described and depicted in Exhibit A, attached hereto, or upon such other area as mutually agreed by Subdivider and City's Public Works Director. 4. Upon City's receipt of the payment described in Paragraph 2, above, and conveyance to the City of an easement as described in Paragraph 3, above, City shall cause to be recorded by the Hall County Register of Deeds an instrument, in a form approved by the Subdivider and city attorney, releasing and discharging the Subdivider and all lots within the Subdivision from the requirements, obligations, liabilities, and duties imposed by that provision of the Subdivision Agreement which states: "The Subdivider shall 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. 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 CITY OF GRAND ISLAND/ INDIANHEAD GOLF CLUB, L.L.C. Page 1 3