Common use of DEVELOPER ENTITLEMENTS Clause in Contracts

DEVELOPER ENTITLEMENTS. City acknowledges that the Owner and Developers under this Agreement are vested with the following items: A. The Owner or its written designee may own and operate an internal irrigation company and system that serves the Property and the City will grant a franchise and such easements over public rights- of-way as may be reasonably required by the Owner (or its designee) to implement such irrigation system. The City agrees to cooperate with the Owner (or its desingees) in connection with providing such irrigation water in connection with Development of the Property. B. The City will, to the extent available, promote public transportation which exists within the City from time to time to service the Property. C. The City agrees to grant a non-exclusive franchise for an on-site telecommunications company to Owner on terms consistent with then current franchise agreements. The City acknowledges that the Owner shall not be required to provide easements to any utility companies other than over public streets which may be located within the Property. The City agrees that, upon the request of the Owner, the City will grant easements within public rights-of-way to telecommunication providers which Owner authorizes to provide service within the Property, upon payment of applicable franchise fees to the City. Additionally, the City agrees that it will franchise on terms consistent with then current franchise agreements to such party providing telecommunication services to the Property, a franchise to enable such company to perform such service; provided, however, the City shall have the right to grant other franchises to third party telecommunication companies providing telecommunication services within the City. D. Except for drainage systems associated with City owned roadways, all drainage systems constructed within the Property shall be owned and maintained by one (1) or more Association(s) which may be established for various portions of the Property and the City shall have no responsibility for the construction, operation or maintenance of such systems. E. Sidewalks will not be required within the Property, provided that pedestrian and non- vehicular pathways or sidewalks are provided in order to provide interconnectivity between interior subdivisions, commercial or institutional areas and public gathering areas and in areas of high pedestrian traffic such as schools, institutions, parks and commercial areas. F. On-site burning will be permitted within the Property upon obtaining applicable permits. G. The City agrees to cooperate with the Owner and each Developer with county, state and federal roadway permitting in connection with the Development of portions of the Property. H. City services, including, but not limited to, police, fire, sanitation, recreational parks and other governmental services shall be supplied to the Property in the same manner and to the same extent as provided to other properties within the City, subject to the limitations (if any) of Article XI above. Subject to the limitations of Article XI above (if any), should the Owner require enhanced services beyond that which is routinely provided within the City, then the City agrees that upon the written request of Owner, it shall negotiate in good faith with the Owner to provide such enhanced services to the Property. Any enhanced services shall be provided at the sole cost of the Owner. I. The City shall not oppose private schools, charter schools, and other alternate educational systems which Owner may desire to have located within the Property.

DEVELOPER ENTITLEMENTS. City acknowledges that the Owner and Developers under this Agreement are Developer is vested with the following items: A. The Owner or its written designee may own and operate an internal irrigation company and system that serves the Property and the City will grant a franchise and such easements over public rights- of-way as may be reasonably required by the Owner (or its designee) to implement such irrigation system1. The City agrees to cooperate with the Owner (or its desingees) in connection with providing such irrigation water in connection with Development of the Property. B. The City will, to the extent available, promote public transportation which exists within the City from time to time to service the Property. C. 2. The City agrees to grant a non-exclusive franchise for an on-site telecommunications company to Owner on terms consistent with then current franchise agreements. The City acknowledges that the Owner shall not be required to provide easements to any utility companies other than over public streets which may be located within the Property. The City agrees that, upon the request of the Owner, the City will grant easements within public rights-of-way to telecommunication providers which Owner authorizes to provide service within the Property, upon payment of applicable franchise fees to the City. Additionally, the City agrees that it will franchise on terms consistent with then current franchise agreements to such party providing telecommunication services to the Property, a franchise to enable such company to perform such service; provided, however, the City shall have the right to grant other franchises to third party telecommunication companies providing telecommunication services within the City. D. Except for drainage systems associated with City owned roadways, all 3. All drainage systems constructed within the Property Project shall be owned and maintained by the Owner, its assigns, or one (1) or more Association(s) which may be established for various portions of the Property and the City shall have no responsibility for the construction, operation or maintenance of such systems., E. Sidewalks will not be required within the Property, provided that pedestrian and non- vehicular pathways or sidewalks are provided in order to provide interconnectivity between interior subdivisions, commercial or institutional areas and public gathering areas and in areas of high pedestrian traffic such as schools, institutions, parks and commercial areas. F. 4. On-site burning will be permitted within the Property upon obtaining applicable permits. G. 5. The City agrees to cooperate with the Owner and each Developer with county, state and federal roadway permitting in connection with the Development of portions of the Property. H. 6. City services, including, but not limited to, police, fire, sanitation, recreational parks and other governmental services shall be supplied to the Property in the same manner and to the same extent as provided to other properties within the City, subject to the limitations (if any) of Article XI Section X above. Subject to the limitations of Article XI Section X above (if any), should the Owner require enhanced services beyond that which is routinely provided within the City, then the City agrees that upon the written request of Owner, it shall negotiate in good faith with the Owner to provide such enhanced services to the Property. Any enhanced services shall be provided at the sole cost of the OwnerOwner and/or Developer. I. The City shall not oppose private schools, charter schools, and other alternate educational systems which Owner may desire to have located within the Property.

DEVELOPER ENTITLEMENTS. City acknowledges that the Owner Owners and Developers under this Agreement are vested during the Term with the following items: A. The Owner or its written designee may own and operate an internal irrigation company and system that serves the Property and the City will grant a franchise and such easements over public rights- of-way as may be reasonably required by the Owner (or its designee) to implement such irrigation system1. The City agrees to cooperate sell or authorize the sale of water and sewer capacity to the Developers and Developer Assignees at the current City rates upon such terms as shall be more particularly detailed in water and sewer agreements that may be entered into by the Owners and/or Developers with the Owner (or its desingees) in connection with providing such irrigation water in connection with Development of the PropertyCity. B. 2. The City will, to the extent available, promote will provide any public transportation which currently exists within the City from time to time City, to service the Property, on a reasonable basis. C. The City agrees to grant a non-exclusive franchise for an on-site telecommunications company to Owner on terms consistent with then current franchise agreements3. The City acknowledges that the Owner Owners shall not be required to provide easements to any non-governmental utility companies other than over within the public streets street right of way which may be located within the Property, or easements that are described in the Master Plan. The City agrees that, upon the request of the OwnerOwners, or as otherwise required by law, the City will grant easements within public rights-of-way to telecommunication providers which Owner authorizes to provide service within the Property, upon payment of applicable franchise fees to the City. Additionally, the City agrees that it will franchise on terms consistent with then current franchise agreements to such party providing telecommunication services to the Property, a franchise to enable such company to perform such service; provided, however, the City shall have the right to grant other franchises to third party telecommunication companies providing telecommunication services within the City. D. Except 4. Roadway and sidewalk/pathway linkage of land use areas, including internal linkage between residential, commercial and recreational uses, is required, when practical. A master sidewalk/pathway plan for drainage systems associated with City owned roadways, all drainage systems constructed within the Property any given Parcel or Subparcel being proposed for Development shall be owned and maintained by one (1) or more Association(s) which may be established for various portions submitted as part of the Property and Master Plan, which sidewalk/pathway design shall meet the standards of the Zoning Regulations unless otherwise approved by City shall have no responsibility for the construction, operation or maintenance of such systemsCouncil. E. Sidewalks will not be required within the Property, provided that pedestrian and non- vehicular pathways or sidewalks are provided in order to provide interconnectivity between interior subdivisions, commercial or institutional areas and public gathering areas and in areas of high pedestrian traffic such as schools, institutions, parks and commercial areas. F. On-site burning will be permitted within the Property upon obtaining applicable permits. G. 5. The City agrees to cooperate with the Owner Owners and each Developer, and the Owners and each Developer likewise agree to cooperate with countythe City, state with County, State and federal roadway permitting in connection with the Development of portions of the Property. H. 6. Subject to proper staffing of the Police Precinct by the City, City services, including, but not limited to, police, fire, sanitation, recreational parks and other governmental services shall be supplied to the Property in the same manner and to the same extent as provided to other properties within the City, subject to . Should the limitations (if any) of Article XI above. Subject to the limitations of Article XI above (if any), should the Owner Owners require enhanced services beyond that which is routinely provided within the City, then the City agrees that upon the written request of OwnerOwners, it shall negotiate in good faith with the Owner Owners to reach a mutually acceptable financial agreement to provide such enhanced services to the Property. Any enhanced services shall be provided at the sole cost of the Owner. I. The City shall not oppose private schools, charter schools, and other alternate educational systems which Owner may desire to have located within the Property.