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Section 5.05 Parkland, Trails, and Open Space. The City agrees that Owners and <br /> Developer shall provide parks, trails, and open space in accordance with the Concept <br /> Plan,which shall satisfy current and future parkland dedication requirements of the City <br /> and no further dedication of land or payment of fees in lieu of such dedication and <br /> improvements are required. Owners and Developer, at their option, may dedicate <br /> parkland, trails, or open space area within the Property to one or more property owners <br /> associations. Said parks, trails, and open space shall not be dedicated to the City without <br /> express administrative approval by the Director. <br /> Section 5.06 Floodplain. Owners and Developer agree not to develop the portion of the <br /> Property that is both (i) in the floodplain abutting the San Marcos River (the"River"), as <br /> shown generally in Exhibit C, and (ii) not part of any parkland described in Section 5.05. <br /> Provided, however, landowners shall have the ability to maintain such property and <br /> make de minimis improvements. Notwithstanding the foregoing, a fifty (50) foot wide <br /> access easement adjacent to or near the River will be allowed, as shown generally on <br /> Exhibit C. Such access easement may be improved for pedestrian traffic with an all <br /> weather surface; provided, the City shall not be responsible for maintenance. <br /> Additionally,in order to limit sedimentation,Developer agrees not to modify the existing <br /> topography of the River edge. <br /> Section 5.07 Vertical Improvements. All Vertical Improvements within the Property <br /> shall be constructed in accordance with the Building Code applicable to the type of <br /> improvement being constructed. A Certified Inspector shall perform inspections of <br /> Vertical Improvements in the Project, at the expense of the builder constructing the <br /> Vertical Improvements, for compliance with the Building Code applicable to such <br /> improvements. Owners,Developer,their respective successors and assigns, and builders <br /> shall not be obligated to apply for, pay for, or obtain from the City any permit for <br /> construction of any vertical improvements, or pay inspection or permitting fees to the <br /> City. No permits for construction of any vertical improvement, City inspection of a <br /> vertical improvement, or certificates of occupancy from the City shall be required for the <br /> Project. <br /> Section 5.08 Fire Protection. Fire protection will be provided by Hays County <br /> Emergency Services District No. 3. The City shall have no obligation to provide fire <br /> protection services to the Property unless and until the Property is annexed into the City <br /> for full-purposes. <br /> Section 5.09 Police Protection. The City shall have no obligation to provide police <br /> protection services to the Property unless and until the Property is annexed into the City <br /> for full purposes, and at such time, the City will provide the Property with the same level <br /> of police protection services as the remainder of the City. By separate agreement, each <br /> District may request supplemental police protection services from the City. <br /> 11 <br />