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reimbursement on specifically defined infrastructure in accordance with applicable City and <br />State requirements for such participation orreimbursement. <br />E. To ensure o high qua|ity, attractive development, vvhena feaab|e, all utility inkastnuctun*, <br />including but not limited to water, wastewater and electrical imfrastnuotuna, for the Project shall <br />beplaced underground. All utility appurtenances that are required tobeabove ground may bm <br />placed above ground as necessary to serve the development of the Property. All extensions <br />shall bemade inapublic utility easement orpublic hght-of+way(R{JVV). <br />F The Owner hereby requests and supports the City expanding its vvabsr and vvoetevvotor <br />Certificate of Convenience and Necessity areas as necessary to een/m the development of the <br />Project. <br />G. The City hereby acknowledges that the County authorized the creation of a Public Improvement <br />District (^P|[}^) on approximately 2.028 aonao of the Property (the "Existing PID") on September <br />23. 2014. pursuant to o County Resolution adopted pursuant to Chapter 372 of the Local <br />Government Code (the "Existing PID Resolution"). If the Owner submits a petition to the <br />County naquamdin0 that all or any portion of the remainder of the Property be added to the <br />Existing PID or that a new PID be created for such portion of the remainder of the Property, the <br />City hereby agrees tonot oppose such petition. <br />H. The City hereby recognizes and acknowledges thatovemizin0 of infrastructure improvements <br />may be necessary to ocnonnnnodaba future growth and development of adjacent properties. In <br />the event that oversizing is determined to be appropriate, the City shall enter into an agreement <br />with the Owner inaccordance with Section 7.1.3.1ofthe Land Development Code. <br />|. The City and the County are willing to consider Chapter 3BO and Chapter 381 economic <br />development incentive agreements for the commercial portions of the Project. The bemms, <br />conditiono, and amount of any incentive agreements shall be determined by separate <br />agreement ofthe City, County, Owner, and/or applicable third parties. <br />J. Street Standards. All streets and roads within the Property shall bmdesigned and constructed <br />in conformance with the design guidelines and cross sections adopted by the City of San <br />K8erooe in accordance with Context Sensitive Street Design Standards. Alternative street <br />design standards and cross sections for all streets may be utilized upon review and approval by <br />the City and County Directors of Development Services at the time of detailed engineering and <br />platting. Any decision of the City and County Directors of Development 8en/ioae may be <br />appealed to the Planning and Zoning Commission and the County Commissioners Court. <br />1.00 Impervious Cover <br />The maximum allowable impervious cover for the Property ("Permitted Maximum Allowable <br />Property Impervious Cover")shall be19% of the 2.552.379 acres of the gross area of the Property <br />(which gross area expnsoak/ includes the 700.2 acres of gross area of the Conservation Habitat <br />(RHCP) Preoenma, and the 91.5 acres of additional Purgatory Creek Open Space shown on the <br />Conceptual Land Use Plan attached henabz as Exhibit ^^B",, naAond|eoe of whether Owner conveys <br />a perpetual conservation or other easement or fee simple title to any portion of such areas to the <br />C:ib/. the Counb/, or any other governmental mnUb/ or conservation organization). The total <br />Permitted K0axinounn Allowable Property Impervious Cover may be distributed throughout the <br />Property or may be o|uetonad as necessary provided that the bzba| impervious cover on the <br />2.552.379 acres of the gross area of the Property does not exceed the Permitted Maximum <br />Allowable Property Impervious Cover. |fany portion ofthe Property isused for the ri0ht-of-wayfor <br />Cenbeqpoint Road, then the gross area of such portion of the Property and any impervious cover <br />placed on such portion of the Property shall be excluded from all impervious cover calculations with <br />respect bzthe remainder ofthe Property. <br />Clustering Incentives in accordance with Section 5.2.8 of the Cdv\a LOC may be utilized within the <br />Property subject to the City's approval of Qualified Watershed Protection Plan Phase 1 and shall <br />be subject to review and approval of all applicable City of San &1oncoe permits including Watershed <br />Protection Plans, Site Preparation Permits and Environmental and Geologic Assessments and shall <br />be subject to all City of San K8onzo$ and TCEC> regulations for buffering and protection of sensitive <br />features, ifany such features are identified onthe Property. <br />11 <br />3209239.1 <br />