b. Plat approval/developer's agreement

WHEREAS, the Developer agrees that "As-Built" plans of said cul-de-sac shall be provided to the County of Cass Engineer showing the completed construction of said cul-de-sac, noting any deviations of the construction from the required standards. WHEREAS, the Developer agrees that the construction of said cul-de-sac shall be completed and the COlmty ofCass Engineer certifies the same to be true by June 15,2007 if Bison View Estates II is found null and void. WHEREAS, the Developer agrees that if the construction of said cuI-dc-sac has not be completed and approved by the County of Cass Engineer by the required date, that the County shall install said cul-de-sac and place the costs associated with this improvement on the Developers property taxes. NOW, THEREFORE, in consideration of the mutual promises, it is hereby agreed: I. If Developer completes to the satisfaction of the County the work referred to herein, this obligation, shall be nuH and void and said subdivision plat shall be allowed to be recorded and lots sold. 2. The Developer agrees that if the work referred to herein is not completed by the required date that the conditional approval for Bison View Estates n shall be null and void. 3. 'fhe Developer agrees to construct said cui-dc-sac to the satisfaction ofthe County established herein by the required date if Bison View Estates IT is {ound null and void. 4. The Developer agrees that if the construction of said cuI-de-sac is required and has yet to be completed by the date set forth within that the County shall construct said cul-de-sac and place the associated costs on the Developers property taxes. 5. This Agreement shall not be assigned in whole or in part without the prior express written consent of the County. 6. This Agreement may not be modified except by a writing executed by the parties hereto with the same degree of formality as this Agreement.