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K. This Agreement shall terminate and be of no further force or effect on the date that <br />all obligations of Owner (including warranty obligations) have expired, or upon such earlier date <br />as agreed to by City and Owner. <br />26. SPECIAL PROVISIONS. This Agreement shall govern and effectuate the <br />operation of conditions set forthby the Planning Commission for approval of the Final Plat by the <br />City Council; and conditions set forth in the Planned Unit Development and Conditional Use <br />Permit(s) issued by the City and recorded against the Land. <br />A. The future construction of public improvements contemplated by the Planned Unit <br />Development and Conditional Use Permit(s) shall be governed in the same manner as Public <br />Improvements and Development Plans as set forth in Section 5 and 6 of this Agreement. <br />B. Funds held in escrow pursuant to this Section of the Agreement are separate and <br />divisible from other funds held as Security pursuant to this Agreement. However, funds held in <br />escrow pursuant to this Section shall be governed and used in the same manner as Security defined <br />in Section 19 of this Agreement and as used elsewhere in the Agreement. <br />C. Owner shall deposit $650,000 into escrow with the City. These funds are the <br />Owner's contribution towards transportation related improvements in the vicinity of the Land and <br />shall be used for the purposes set forth in Section 26. These improvements include but are not <br />limited to those improvements suggested in the Owner's traffic study. These improvements must <br />be identified within 10 years and constructed within 15 years, failing which said $650,000 deposit <br />shall be promptly returned to Owner. <br />D. Owner shall donate $85,000.00 to the City's Park Dedication Fund in lieu of <br />constructing an eight -foot -wide bituminous trail. The City will accept this donation instead of <br />requiring the immediate construction of the trail due to the complex nature of deciding whether <br />DEVELOPMENT & SUBDIVISION AGREEMENT <br />GTNTERVILLE AND AMAZON.COM <br />Draft Version 06/202/2022 v2 Page IS <br />