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200406866 successors from the City Building Department under the provisions of Section 2- 1506.06, R.R.S. 1943. No basement shall be constructed in connection with any structure in the flood plain unless such basement is floodproofed and certified as such by a registered engineer or architect. This section shall not apply should the affected property be removed from the flood plain prior to construction of buildings on the affected properties. (e) Landscaping. The Developer agrees to comply with the requirements of the Landscaping Regulations of the City of Grand Island, and landscaping and lighting plans as approved on the Site Plan. (f) Access. Vehicular access to lots 2, 3, 4 and 5 shall not be allowed directly from South Locust Street. Access shall be limited as shown on the Site Plan. (g) Outside Storage. Semi - trailers, conex boxes, shipping containers and similar items shall not be kept outside on the property within of public view as permanent or temporary storage facilities, except as shown on the Site Plan. Section 10. Connection Fees. Sewer connection fees in the amount of $40,614.00 on Developer Property will be paid at the time the Agreement is executed by the Developer. In the event the Developer chooses not proceed with the development of Developer's Property and the Plat is vacated, the City shall promptly refund the connection fees. No connection fees or assessments are required for water service or water main extensions for the development of Developer property as approved, except necessary time and material that may be required. Section 11. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. Except with the written consent of the other Party hereto or as expressly permitted by this Agreement, no Party to this Agreement shall take any act which would allow any right hereunder to be assigned or held by any other person without the written consent of the other Parties hereto. Section 12. Time of Essence. Time is of the essence in the Parties' performance of their respective obligations pursuant to this Agreement. Section 13. Choice of Law. The laws of the State of Nebraska shall govern as to the interpretation, validity and effect of this Agreement. Section 14. Complete Agreement. This Agreement constitutes the entire agreement among the Developer and the City with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral and written, among the Developer and the City with respect to the subject matter of this Agreement. Section 15. Counterparts. This Agreement may be signed in counterparts. Section 16. Further Assurances. From time to time after the date hereof, without further consideration, the Parties will (i) execute and deliver, or cause to be executed and delivered, such instruments to each other as may be reasonably requested in order to effectuate the intent of this Agreement and (ii) use reasonable good faith efforts to obtain any third -party consents reasonably necessary to effectuate the intent of this Agreement. 01-585772.06 5