Common use of Street Improvements Clause in Contracts

Street Improvements. Industrial Salt Development agrees, on behalf of itself, to the following undertakings and obligations: a. Industrial Salt Development shall, at its own cost and expense, design and construct through the City’s executive order construction process a southbound to westbound right turn lane in N 56th Street at Salt Bank Road prior to issuance of a certificate of occupancy for any improvements taking access from N. ▇▇▇▇ ▇▇▇▇▇▇ at Salt Bank Road as shown on Exhibit D, which is attached hereto (“Salt Bank Road Turn from the design and construction of improvements on the Property as described below. In the event the cost to construct the Salt Bank Road Turn Lane exceeds $100,000.00, Industrial Salt Development shall publicly bid the construction of the Salt Bank Road Turn Lane through the City’s Purchasing Division and shall select the lowest responsible bidder to complete the work. b. Industrial Salt Development shall, at its own cost and expense, design and construct through the City’s executive order construction process extension of the existing paving in Arbor Road to the west past N. 53rd Street before tapering back to a rural gravel roadway. The paved section shall be designed and constructed as a rural paved section with a westbound to southbound left turn lane and an eastbound to southbound right turn lane, as shown on Exhibit E, (“N. 53rd and Arbor Road Improvements”) subject to reimbursement from Arterial Street Impact Fees directly resulting from the design and construction of improvements on the Property as described below. In the event the cost to construct the N. 53rd and Arbor Road Improvements exceeds $100,000.00, Industrial Salt Development shall publicly bid the construction of the N. 53rd and Arbor Road Improvements through the City’s Purchasing Division and shall select the lowest responsible bidder to complete the work. c. Industrial Salt Development, on behalf of itself, its successors and assigns, agrees and acknowledges that the N. 53rd and Arbor Road Improvements as indicated on the approved preliminary plat for the Property shall be required as part of the final plat for those lots south of the N. 53rd and Arbor Road intersection. d. The Salt Bank Road Turn Lane and the North 53rd and Arbor Road Improvements shall be collectively referred to hereinafter as “Right-Of-Way Improvements”.

Street Improvements. Industrial Salt Development agrees, on behalf of itself, Crete Carrier agrees to the following undertakings and obligations: a. Industrial Salt Development Crete Carrier shall, at its own cost and expense, design and construct through the City’s executive order construction process a southbound westbound to westbound northbound right turn lane in N 56th W. O Street at Salt Bank Road prior to issuance of a certificate of occupancy for any improvements taking access from N. the Site Drive “A”, located at approximately NW ▇▇▇▇ ▇▇▇▇▇▇ at Salt Bank Road as shown on Exhibit DC, which is attached hereto hereto. (“Salt Bank Road Site Drive A Turn from Lane”). The Site Drive A Turn Lane shall be constructed prior to or simultaneous with the design and construction of improvements on the Property as Right-of-Way Improvements described below. In the event the cost to construct the Salt Bank Road Turn Lane exceeds $100,000.00, Industrial Salt Development shall publicly bid the construction of the Salt Bank Road Turn Lane through the City’s Purchasing Division and shall select the lowest responsible bidder to complete the work. b. Industrial Salt Development Crete Carrier shall, at its own cost and expense, design and construct through the City’s executive order construction process extension of the existing paving in Arbor Road to the west past N. 53rd Street before tapering back to a rural gravel roadway. The paved section shall be designed and constructed as a rural paved section with a westbound to southbound left northbound right turn lane and an eastbound to southbound right turn lane, at NW 52nd Street as shown on Exhibit E, C (“N. 53rd and Arbor Road NW 52nd Street Turn Lane Improvements”) subject to reimbursement from Arterial Street Impact Fees directly resulting from the design development and construction of improvements on the Property as described belowProperty. In the event the cost to construct the N. 53rd and Arbor Road Improvements exceeds $100,000.00, Industrial Salt Development Crete Carrier shall publicly bid the construction of the N. 53rd and Arbor Road NW 52nd Street Turn Lane Improvements through the City’s Purchasing Division and shall select the lowest responsible bidder to complete the work. c. Industrial Salt Development, on behalf of itself, its successors and assigns, agrees and acknowledges that the N. 53rd and Arbor Road Improvements as indicated on the approved preliminary plat for the Property shall be required as part of the final plat for those lots south of the N. 53rd and Arbor Road intersection. d. The Salt Bank Road Site Drive A Turn Lane Improvements and the North 53rd and Arbor Road NW 52nd Street Turn Lane Improvements shall be collectively referred to hereinafter as “Right-Of-Way Improvements”. d. Crete Carrier acknowledges, agrees to, and does hereby relinquish access to West “O” Street from the Property except at the locations shown on Exhibit C. All existing driveways not shown as approved access points on Exhibit C shall be removed by Crete Carrier at its cost and expense upon completion of NW 52nd Street extending north into the Property from W. “O” Street. e. Crete Carrier agrees to pay one-half the cost to design and install a traffic signal at the intersection of NW 52nd Street and W.

Street Improvements. Industrial Salt Development agrees, on behalf of itself, to the following undertakings and obligations: a. Industrial Salt Development shall, at its own cost and expense, design and construct through the City’s executive order construction process a southbound to westbound right turn lane in N 56th Street at Salt Bank Road prior to issuance of a certificate of occupancy for any improvements taking access from N. I. South ▇▇▇▇ ▇▇▇▇▇▇. ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ at Salt Bank from Yankee Hill Road to Rokeby Road is presently a two-lane rural section roadway. Said section of ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ is shown in the Lincoln City – Lancaster County Comprehensive Plan to be II. Rokeby Road. Rokeby Road from South ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ does not exist. Said section of Rokeby Road is shown in the Lincoln City - Lancaster County Comprehensive Plan to be constructed as shown on an arterial street during the 25-year planning period with two lanes plus center turn lanes. However, based upon the Infrastructure Exhibit (Attachment “D”), Rokeby Road from South ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ will be graded for an ultimate four through lanes with turn lanes and initially constructed as a two-lane arterial, offset from center line, with curb and gutter (collectively “Two-Lane Rokeby Road”). Landowners and City acknowledge that preliminary plats abutting Two-Lane Rokeby Road will be submitted in the future which will determine the location of future street access point to Two-Lane Rokeby Road. Two-Lane Rokeby Road is attached hereto (“Salt Bank Road Turn from an Arterial Street Impact Fee Facility Improvement and does not include any Site-Related Street Improvements. As an Arterial Street Impact Fee Facility Improvement, the design and construction of improvements on the Property as described below. In the event the cost to construct the Salt Bank Road Turn Lane exceeds $100,000.00, Industrial Salt Development shall publicly bid the construction of the Salt Bank Road Turn Lane through the City’s Purchasing Division and shall select the lowest City is responsible bidder to complete the work. b. Industrial Salt Development shall, at its own cost and expenseexpense to design, design grade and construct the Two-Lane Rokeby Road. On behalf of the City, Sundance and Buckshot will design, competitively bid, grade, construct and fund the Two-Lane Rokeby Road through the City’s executive order construction Executive Order process extension of the existing paving in Arbor Road to the west past N. 53rd Street before tapering back to a rural gravel roadway. The paved section shall be designed and constructed as a rural paved section with a westbound to southbound left turn lane and an eastbound to southbound right turn lane, as shown on Exhibit E, (“N. 53rd and Arbor Road Improvements”) subject to reimbursement from Arterial Street Impact Fees directly resulting from the design and construction of improvements on the Property as described below. In the event the cost to construct the N. 53rd and Arbor Road Improvements exceeds $100,000.00, Industrial Salt Development shall publicly bid the construction of the N. 53rd and Arbor Road Improvements through the City’s Purchasing Division and shall select the lowest responsible bidder to complete the work. c. Industrial Salt Development, on behalf of itself, its successors and assigns, agrees and acknowledges that the N. 53rd and Arbor Road Improvements as indicated on the approved preliminary plat for the Property shall be required one or more phases as part of the final plat for those lots south process. The City agrees to subtract the cost of the N. 53rd Two-Lane Rokeby Road from Sundance’s and Arbor Buckshot’s obligation to make the Arterial Street Impact Fee Facility Contribution set forth in Paragraph 5 above, and to accordingly reduce Sundance’s and Buckshot’s obligation to guarantee payment of said contribution required in Paragraph 9 below. The City agrees to use its best efforts to reimburse Sundance and Buckshot for the designing, grading, and construction cost of the Two-Lane Rokeby Road intersectionpursuant to Paragraph 10 below. d. The Salt Bank Road Turn Lane and the North 53rd and Arbor Road Improvements shall be collectively referred to hereinafter as “Right-Of-Way Improvements”.