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4. In conjunction with the work referenced in Item #3 above, City shall extend water main <br />from County Road 62, northerly into Terrace Heights along Park Street in a manner that <br />minimizes any disruption to the existing paved surface. Said extension shall terminate at a <br />location to be determined by Terrace Heights at the time of construction, but it is anticipated that <br />the extension shall go at least as far as Transit Avenue. It is further understood that Terrace <br />Heights shall pay the costs associated with said extension as a special assessment spread over <br />a ten (10) year term. The interest rate to be applied to the special assessment shall be at a <br />rate to be determined by the City in its sole discretion, and based upon interest rates in effect at <br />the time of the work to be undertaken. <br />5. Temporary Construction Easement: Terrace Heights also grants to City a temporary <br />construction easement for the purpose of constructing the roadway and related improvements, <br />including landscaping, in accordance with the terms of this Rider. The temporary construction <br />easement shall terminate at such time as these improvements are complete. <br />6. Subject to the cooperation of Independent School District #623, City shall also endeavor <br />to complete the vacation of Park Street between County Road B2 and Transit in a manner that <br />assures that Park Street will be owned by Terrace Heights. Terrace Heights shall also bear no <br />costs associated with any new fencing that may required by I.S.D. #623. <br />City's Initials Terrace Heights Initials <br />H:\JOeIH\Development Agreements\Terrace lieights Real Estale Swap Contract - Pinal Draft - 8.08.08.doc <br />12 <br />