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, <br /> petition to describe the Premises and to request that the same be <br /> annexed to and included within the corporate limits of the City. <br /> 2 . The City hereby waives any requirement otherwise <br /> applicable that said parties pay to the City any fee for filing <br /> the petition referred to in paragraph 1 hereof. <br /> 3 . That upon receipt of said annexation petition, the City <br /> shall annex the Premises to the City as provided by law. <br /> 4 . Upon and after annexation of the Premises, the City <br /> shall rezone the Premises as R-5 Two Family Residence District, <br /> and the City shall further grant a special use permit to Pheasant <br /> Run for an R-5 Residence Development Plan substantially in <br /> compliance with the plan attached hereto as Exhibit A, such <br /> rezoning and special use permit to be in accordance with <br /> Ordinance No. 3512 of the City of Decatur, as amended (the <br /> "Zoning Ordinance") . <br /> 5. The City shall use due diligence to extend Ash Avenue to <br /> Neely Avenue not later than June 1, 1995. <br /> 6 . Pheasant Run and/or Westerman shall contribute <br /> sufficient right-of-way to the City to permit improvements to, or <br /> construction of, Neely Avenue and Ash Avenue, as hereinafter <br /> described. Such right-of-way shall be determined by the City's <br /> Director of Public Works. <br /> 7 . Pheasant Run shall contribute One Hundred Fifty Thousand <br /> Dollars ( $150 , 000) to the City for improvements to, or <br /> construction of, Neely Avenue and Ash Avenue, including storm <br /> sewers and the extension of water mains therein, with such <br />