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202306656 <br />approved by the Regional Planning Commission and the City Council to be acknowledged by such <br />owner, certified as to accuracy of survey by a registered land surveyor, and to contain a dedication of <br />the easements to the use and benefit of public utilities, and of the street to the use of the public <br />forever. In consideration of the acceptance of the plat of said PRAIRIE COMMONS FIFTH <br />SUBDIVISON, the Subdivider hereby consents, reaffirms and agrees that all provisions of the Prairie <br />Commons Second Subdivision Agreement filed with the Hall County Register of Deed on February <br />5, 2019 as Instrument #201900747 shall continue to apply to the plat of PRAIRIE COMMONS <br />FIFTH SUBDIVISION, except as amended herein. Nothing in this Agreement amends any portion of <br />the Prairie Commons Second Subdivision Agreement applicable to Prairie Commons Second <br />Subdivision, Lots 2, 4-8 inclusive, and Outlot 1. <br />1. Commercial Development Zone. Lots One (1) and Two (2) of this <br />subdivision are within a designated Commercial Development Zone and shall be regulated in <br />accordance with Chapter 36 of the Grand Island City Code. An Amended Development Plan (Exhibit <br />A), is attached hereto and incorporated herein by reference, and are hereby approved for such <br />subdivision. Anyamendments to said plans shall be approved bythe Cityof Grand Island in <br />p pp <br />accordance with the Grand Island City Code. Each of the current official plans identified herein shall <br />be on file with the City's Planning Department. <br />2. Warranty. The undersigned owner, as Subdivider, warrants that it is the <br />owner in fee simple of the land described and proposed to be known as PRAIRIE COMMONS <br />FIFTH SUBDIVISION, and that an abstract of title will be submitted for examination, if necessary, <br />upon request of the City of Grand Island. <br />3. Successors and Assigns. This agreement shall run with the land and shall be <br />binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, <br />-2 <br />