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200406866 (e) Developer shall design, construct and install a public 10 -inch diameter sanitary sewer in the easement shown on the Site Plan in order to serve Lots 1 and 6 of the Plat and a 6 -inch sanitary sewer line to Lots 2, 3, 4 and 5 of the Plat in accordance with plan and specification approval and inspection by the Director of Public works (collectively the "Sewer Work "). (i) Developer shall design, construct and install (i) a conduit for a public electrical line loop as noted on the Site Plan and (ii) necessary conduit, wire and lighting fixtures for public pedestrian lighting, with a separate circuit and meter, as part of the Trail Improvements as noted on the Site Plan; and, shall give the City an additional 10% of the materials constructed so as to allow the City to maintain the lighting (collectively the "Electrical Work "). Further, the City shall perform the following tasks and/or construct the following improvements upon the Public Property (collectively, the "Public Improvements "): (a) The City shall design and construct a 10 -foot wide, 5 -inch thick concrete or asphalt trail and landscaping along South Locust Street and Highway 34 (the "Trail Improvements "); (b) The City shall install a public electrical line in the conduit constructed by the Developer as shown on the Site Plan. (c) The City shall provide construction observation and testing for all Developer Improvements. Further, the Developer shall design, construct and maintain a storm water retention pond upon the Developer Property (collectively, the "Drainage Improvements ") until such time that a permanent and adequate public system is constructed adequate to serve Developer's Property. NOW, THEREFORE, based upon the foregoing Preliminary Statements, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties agree as follows: Section 1. Applications for Permits and Approvals. The City will not deny or delay the issuance of any certificate of occupancy or other permit required for the lawful use and occupancy of the Developer Property, which denial or delay is solely associated with the City's failure to perform any of the duties or obligations set forth in this Agreement. The City will cooperate with the Developer to obtain all approvals and permits necessary for the completion of the Public Improvements from any and all governmental authorities with jurisdiction over the same, including but not limited to the Hall County Department of Health, State of Nebraska Department of Roads, State of Nebraska Department of Environmental Quality and State of Nebraska Department of Natural Resources. Section 2. Construction and Maintenance of Developer Improvements. Developer shall perform or engage a qualified contractor to construct and install the Developer Improvements, including the South Locust Street Improvements, the Highway 34 Improvements, the Sewer Work, the Electrical Work and the Water Work. Notwithstanding the above, 01- 585772.06 2