Offsite Infrastructure Clause Samples

Offsite Infrastructure a. Section 5(b) of the Contract (and Section 4.5.1 of the form Lot Development Agreement) are hereby revised to reflect that the definition of the terms “Substantially Complete” and “Substantial Completion” shall include the requirement that Seller has executed all utility extension contracts and paid all necessary fees so that all dry utilities serving the Property can be installed within 120 days following Substantial Completion of the Improvements; provided Seller shall have no liability if such utilities are not timely installed, so long as it has executed said contracts and paid such fees. b. With respect to the Alternative Service and the WWRF under Section 5(b) of the Contract, and the Water System Improvements, Wholesale Water, Sewer and Irrigation Lines, and Drainage System Improvements referenced in Exhibit A of the Construction Disbursement Agreement (together with the Alternative Service and WWRF, collectively, the “Water and Wastewater Facilities,” Seller will meet and confer with Purchaser’s third party consultants (the “Water Consultants”) as reasonably necessary regarding their review of and evaluation of such Water and Wastewater Facilities. If Purchaser determines, in its reasonable discretion, based upon the professional opinion of the Water Consultants, that the plans for the Water and Wastewater Facilities are unacceptable, Purchaser, as its sole remedy, may terminate this Contract upon written notice delivered to Seller within fourteen (14) days after the Effective Date of this Amendment, in which event the Deposit shall be returned to Purchaser and the Parties shall thereafter be relieved of all obligations under the Contract (except those that expressly survive termination). If Purchaser does not so terminate the Contract prior to the deadline set forth above, Purchaser shall be deemed to have waived such right to terminate, and the Parties shall proceed to Closing subject to all other terms and conditions of the Contract.

Offsite Infrastructure. Provided that Vintage proceeds with the development of the Mill Town Property in accordance with the Entitlements, the City agrees no offsite infrastructure improvements are required by the Mill Town Projectbeyond the City’s Transportation Improvements, except for the ▇▇▇▇▇▇ Underpass Improvements and ▇▇▇▇▇▇ Turn Lane described below. As part of the overall P3 Partnership, the Combined Roadway Project mitigates the offsite development impacts of the Mill Town Project. Vintage agrees to mitigate the identified onsite drainage impacts arising from the development of the Mill Town Property in accordance with the DIA. Further, the parties acknowledge that the DIA goes beyond the analysis of the Mill Town Property by providing for the necessary improvements related to the City Transportation Improvements. The City agrees that any offsite drainage improvement requirements that are a component of DIA are City Transportation Improvements and as a result will be included in the completion of the Plans and treated as a City Transportation Improvement cost under Section 7 of this Agreement. As a result, no financial assurances for offsite drainage improvements are required.

Offsite Infrastructure. The Finished Lot Improvements do not include (a) the Offsite Infrastructure, which is addressed separately in Section 5 of the Agreement, but it does include such other offsite improvements as are necessary to obtain certificates of occupancy for homes constructed on the Lots, provided that as aforesaid Seller shall only be obligated to complete such improvements within a timeframe so as not to delay issuance of such certificates of occupancy, or (b) common area landscaping which will be installed when required by the County or other applicable Authority so as not to delay the issuance of building permits or certificates of occupancy for residences constructed by Purchaser on the Lots, but (subject to the foregoing requirements of this section 3(b)) such landscaping will be installed with respect to each Takedown not later than 6 months after the issuance of the first certificate of occupancy in such Takedown. [THIS SECTION PROVIDES A DEADLINE OF SIX (6)

Offsite Infrastructure. Developer shall construct at their cost and expense all onsite and offsite improvements identified in the Water and Sewer Plan. The Town and the City shall be responsible for any Infrastructure improvements necessary to provide water and sewer to the Subdivision that are not identified in the Water and Sewer Plan, such as increases in capacity to wastewater treatment plants, to the extent necessary.

Offsite Infrastructure. SJH Partnership shall, at its sole ---------------------- expense, be responsible for (i) construction of the Access Road into the Interchange Northwest Parcel providing vehicular ingress and egress from International Golf Parkway to the point as shown on the Site Plan ("Road Connection Point") and landscaping of the Access Road, and (ii) construction of Lake Numbers 315, 316, 317, 1/2 of 318, 321, 322, 326, 327, 329, 330, 331 and 332 of the master drainage system generally as depicted on Real Estate Map prepared by ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ dated October 27, 1994 ("Real Estate Map") attached as an Exhibit to this Agreement to the extent necessary to provide adequate drainage for the Property in accordance with the Surface Water Permits (the "Drainage Improvements"), such improvements collectively the "Infrastructure Improvements." The timing of commencement of construction of the Infrastructure Improvements shall be coordinated with Buyer so that the Access Road and landscaping of it shall be completed not later than fifteen (15) months from the Closing Date and the Drainage System shall be completed not later than September 30, 1997, subject only to Force Majeure. SJH Partnership shall ensure that all work is done in a first-class manner and that all phases of the work are commenced and carried out without delay, subject to Force Majeure, in accordance with the Infrastructure Development Criteria attached hereto as an Exhibit. Buyer acknowledges that the electric and telephone lines and water and sewer improvements necessary to service the Villas are installed by independent utility companies. SJH Partnership will not be responsible for the installation of any utility improvements constructed by utility companies or the County or for the availability of service from utility companies to the Villas, but shall be obligated to grant such utility easements over and upon the Interchange Northwest Parcel, as may be reasonably necessary for such companies to service the Villas. In the event SJH Partnership fails to commence or complete construction or grant utility easements as provided in this Section 11, subject to Force Majeure, Buyer shall be entitled to exercise all remedies available at law or in equity for such default.

Offsite Infrastructure a. Section 5(b) of the Contract (and Section 4.5.1 of the form Lot Development Agreement) are hereby revised to reflect that the definition of the terms “Substantially Complete” and “Substantial Completion” shall include the requirement that Seller has executed all utility extension contracts and paid all necessary fees so that all dry utilities serving the Property can be installed within 120 days following Substantial Completion of the Improvements; provided Seller shall have no liability if such utilities are not timely installed, so long as it has executed said contracts and paid such fees. b. With respect to the Alternative Service and the WWRF under Section 5(m) of the Contract, Seller will meet and confer with Purchaser’s third party consultants and reasonably necessary regarding their review of and evaluation of such wastewater facilities.

Offsite Infrastructure. Section 5(b) of the Contract (and Section 4.5.1 of the form Lot Development Agreement) are hereby revised to reflect that the definition of the terms “Substantially Complete” and “Substantial Completion” shall include the requirement that Seller has executed all utility extension contracts and paid all necessary fees so that all dry utilities serving the Property can be installed within 120 days following Substantial Completion of the Improvements; provided Seller shall have no liability if such utilities are not timely installed, so long as it has executed said contracts and paid such fees.

Offsite Infrastructure. The public sanitary sewer gravity line, all potable waterlines, all roadway/transportation infrastructure, and other Town- owned equipment or facilities not located on the Developer’s site.