Common use of Required Infrastructure Improvements Clause in Contracts

Required Infrastructure Improvements. Subject to all the terms and conditions of this Agreement, Master Developer agrees to construct all infrastructure necessary to support the Project as described in Exhibit E. Master Developer further agrees to install, at Master Developer’s expense, off-site infrastructure necessary to provide services to the Project, including without limitation: (a) Sanitary sewer collection system upsizing, which shall be completed prior to any issuance of a certificate of occupancy for or final inspection of any residential or commercial unit in excess of 1,650 equivalent residential units (ERUs). Commercial space ERUs are calculated using the following formula: 21.65 weighted fixture units equals 1 (one) ERU. The sanitary sewer system improvements include, without limitation, upsizing approximately 800 linear feet of 8-inch diameter pipe to 10-inch diameter pipe and 520 linear feet of 10-inch diameter pipe to 12-inch diameter pipe along Sparks Boulevard between Pyramid Highway Way and ▇▇▇▇▇ Parkway. Additional sanitary sewer collection system improvements may also be required and shall be installed at Master Developer’s expense. (b) Improvements to public streets, sidewalks, curbs, and gutters that are necessary based on the increased traffic resulting from the anticipated land use changes in the Project. This includes but is not limited to off-site improvements to Highland Ranch Parkway and to the intersection of Highland Ranch Parkway and Pyramid Highway Way as follows: (i) The widening to four travel lanes of Highland Ranch Parkway from Pyramid Highway Way to the entrance to the Project. Master Developer shall complete this improvement prior to issuance of any certificate of occupancy for or final inspection of any dwelling unit in excess of 650 dwelling units in the Project, or upon degradation below Level of Service (LOS) D of the segment of Highland Ranch Parkway between Pyramid Highway Way and the entrance to the Project, or upon degradation below LOS E of the intersection of Pyramid Highway Way and Highland Ranch Parkway, whichever first occurs. (ii) The improvements to the intersection of Highland Ranch Parkway and Pyramid HighwayWay. Prior to or concurrently with submitting an application for a tentative map and/or for multi-family residential units exceeding, in aggregate, 650 dwelling units in the Project, the Master Developer shall submit an encroachment permit application to the Nevada Department of Transportation to complete all improvements to the intersection of Highland Ranch Parkway and Pyramid Highway Way recommended in the The Quarry Traffic Study dated September 25, 2017, with an addendum dated March 12, 2018, and prepared by Solaegui Engineers, incorporated by reference herein as part of the Infrastructure Plan attached hereto as Exhibit E. All improvements from to the entrance to the Project to the intersection of Highland Ranch Parkway and Pyramid Highway Way shall be completed concurrently with the widening to four lanes of Highland Ranch Parkway, i.e., prior to issuance of any certificate of occupany for or final inspection of any dwelling unit in excess of 650 dwelling units in the Project, or upon degradation below Level of Service (LOS)LOS D of the segment of Highland Ranch Parkway between Pyramid HighwayWay and the entrance to the Project, or upon degradation below LOS E of the intersection of Pyramid HighwayWay and Highland Ranch Parkway, whichever first occurs. (iii) Implementation of dark skies standards shall be permitted subject to the approval of the City. (c) Flood control and drainage improvements that are necessary based on the anticipated land use changes in the Project. (i) If the Property is included in Impact Fee Service Area Number 1, the City will consider for inclusion in the Impact Fee Service Area Number 1 Capital Improvements Plan any flood control and drainage improvements that have regional impacts as illustrated by a hydrology study to be completed at Master Developer’s expense. The Parties agree that nothing contained in this Agreement constitutes in any way a pre-approval or authorization of the Property’s participation in Impact Fee Service Area Number 1 or a pre- approval or authorization for inclusion of any flood control or drainage improvements in the Impact Fee Service Area Number 1 Capital Improvements Plan. (ii) Master Developer shall provide, at Master Developer’s expense, a hydrology and hydraulic analysis that shall address, without limitation, offsite capacity and sediment transport improvements to the Highland Ranch Parkway and Pyramid Highway Way culvert crossings. Improvements identified in the analysis shall be completed to the approval of the City Engineer prior to issuance of any building permits for structures. (iii) Master Developer shall design and construct all flood control and drainage improvements, whether onsite or offsite, required to comply with the Truckee ▇▇▇▇▇▇▇ Regional Drainage Manual and the approval of the Administrator. Design rainfall depths shall utilize the 24-hour point precipitation frequency estimates from the National Oceanic and Atmospheric Administration Atlas 14 (NOAA Atlas 14). (d) Public safety conditions and improvements that are necessary based on the anticipated land use changes in the Project, including, without limitation: (i) Master Developer shall has obtained and provided to the City written approval from Washoe County to connect a secondary fire apparatus access road to a Washoe County road, as indicated in the Land Plan and Infrastructure Plan, prior to approval of the first tentative map for the Project. Construction of a secondary fire apparatus access road shall be completed prior to the first final inspection or the issuance of the first certificate of occupancy for the Project. The secondary fire apparatus access road shall be privately owned and maintained, gated, and a minimum of twenty (20) feet wide. Emergency pull-out areas shall be constructed upon this secondary fire apparatus access road to the approval of the Fire Chief and the City Engineer. (ii) Construction of all streets and the secondary fire apparatus access road shall comply with design requirements set forth in the City of Sparks Site Development Fire Prevention Policy Guide and shall be to the approval of the Fire Chief and the City Engineer. The street providing primary access to the Project shall be a two-lane roadway from Highland Ranch Parkway to the first entrances of Villages 3 and 4. A meandering, trail-style sidewalk at least five (5) feet in width shall be constructed of Portland cement concrete (if dedicated to the City of Sparks) on at least one side of the primary access street. Asphalt may be used in lieu of Portland cement concrete on trail-style sidewalks that are to be owned and maintained by a homeowners association or landscape maintenance association. If the primary access street is divided by a median, emergency median crossovers (if applicable) shall be constructed to the approval of the Fire Chief at least every 750 feet. Fire hydrants shall be installed upon the primary access street at distances to be approved by the Fire Chief. Any cul-de-sac constructed within the Project shall have a diameter of at least one hundred (100) feet. (iii) All dwelling units and commercial structures intended or used for human occupancy shall be equipped with fire suppression systems to the approval of the Fire Chief. This requirement may be eliminated if the Master Developer demonstrates, to the approval of the Fire Chief, that the dwelling units and/or commercial structures are located within a four-minute travel time from a City of Sparks Fire Department station. (iv) Emergency access points shall be provided to all common areas. These emergency access points shall be a minimum of sixteen (16) feet wide, shall be gated, and shall be posted with signs indicating that parking is prohibited to the approval of the Fire Chief. Design and location of the emergency access points shall be addressed with the appropriate tentative map submittals. Master Developer shall comply with all requirements of the International Wildland-Urban Interface Code in effect at the time of the particular development activity. (e) Master Developer shall grant to the City easements or other permissions acceptable to the Administrator for access, operation, and maintenance of any City-owned utility facilities located on private property. Such easements or other permissions shall be approved by the Administrator prior to or concurrently with approval of any final map. (f) Water transmission facilities and improvements, whether onsite or offsite, that are necessary based on the anticipated land use changes in the Project. Master Developer shall provide, at Master Developer’s expense, plans for a municipal water system to be constructed to specifications equal to or exceeding those of TMWA. The water system shall provide adequate water flow and pressure to meet the Sparks Fire Department’s fire flow requirements. Improvements identified in the plans shall be completed to the approval of the City Engineer prior to issuance of any building permits for structures. (g) The Parties acknowledge and agree that nothing contained in this Agreement constitutes in any way a pre-approval or acceptance of dedication of any streets, gutters, curbs, or sidewalks on the Property. All infrastructure, whether onsite or offsite, shall be constructed in substantial conformance with: (i) Applicable construction standards; (ii) Design standards required for dedication to the City, if applicable; and (iii) Approval of the Administrator.

Required Infrastructure Improvements. Subject to all the terms and conditions of this Agreement, Master Developer agrees to construct all infrastructure necessary to support the Project as described in Exhibit E. Master Developer further agrees to install, at Master Developer’s expense, off-site infrastructure necessary to provide services to the Project, including without limitation: (a) Sanitary sewer collection system upsizing, which shall be completed prior to any issuance of a certificate of occupancy for or final inspection of any residential or commercial unit in excess of 1,650 equivalent residential units (ERUs). Commercial space ERUs are calculated using the following formula: 21.65 weighted fixture units equals 1 (one) ERU. The sanitary sewer system improvements include, without limitation, upsizing approximately 800 linear feet of 8-inch 8”-inch diameter pipe to 10-inch 10”-inch diameter pipe and 520 linear feet of 10-inch 10”-inch diameter pipe to 12-inch 12”-inch diameter pipe along Sparks Boulevard between Pyramid Highway Way and ▇▇▇▇▇ ParkwayParkwaySanitary sewer conveyance upgrades that are necessary based on the increased flows resulting from the anticipated land use changes resulting in a residential unit count that would generate sewage volumes 200% to 300% greater than attributed to the site in the sewer model; and. Additional sanitary sewer collection system improvements may also be required and shall be installed at Master Developer’s expense.be (b) Improvements to public streets, sidewalks, curbs, and gutters that are necessary based on the increased traffic resulting from the anticipated land use changes in the Project. This includes but is not limited to off-site improvements to Highland Ranch Parkway and to the intersection of Highland Ranch Parkway and Pyramid Highway Way as follows: (i) Prior to issuance of any building permits for structures, the(i) The widening to four travel lanes of Highland Ranch Parkway from Pyramid Highway Way to the entrance to the Project. Master Developer shall complete this improvement prior to issuance of any certificate of occupancy for or final inspection of any dwelling unit in excess of 650 dwelling units in the Project, or upon degradation below Level of Service (LOS) D of the segment of Highland Ranch Parkway between Pyramid Highway Way and the entrance to the Project, or upon degradation below LOS E of the intersection of Pyramid Highway Way and Highland Ranch Parkway, whichever first occurs. (ii) The improvements to the intersection of Highland Ranch Parkway and Pyramid HighwayWay. Prior to or concurrently with submitting an application for a tentative map and/or for multi-family residential units exceeding, in aggregate, 650 dwelling units in the Projectunits, the Master Developer shall submit an encroachment permit application to the Nevada Department of Transportation to complete all improvements to the intersection of Highland Ranch Parkway and Pyramid Highway Way recommended in the The Quarry Traffic Study dated September (25),, 2017, with an addendum dated March 12, 2018, and prepared by Solaegui Engineers, incorporated by reference herein as part of the Infrastructure Plan attached hereto as Exhibit E. All improvements from to the entrance to the Project to the intersection of Highland Ranch Parkway and Pyramid Highway Way shall be completed concurrently with the widening to four lanes of Highland Ranch Parkway, i.e., prior to issuance of any certificate of occupany for or final inspection of any dwelling unit in excess of 650 dwelling units in the Project, or upon degradation below Level of Service (LOS)LOS D of the segment of Highland Ranch Parkway between Pyramid HighwayWay and the entrance to the Project, or upon degradation below LOS E of the intersection of Pyramid HighwayWay and Highland Ranch Parkway, whichever first occurs. (iii) Implementation of dark skies standards shall be permitted subject to the approval of the City. (c) Flood control and drainage improvements that are necessary based on the anticipated land use changes in the Project. (i) If the Property is included in Impact Fee Service Area Number 1, the City will consider for inclusion in the Impact Fee Service Area Number 1 Capital Improvements Plan any flood control and drainage improvements that have regional impacts as illustrated by a hydrology study to be completed at Master Developer’s expense. The Parties agree that nothing contained in this Agreement constitutes in any way a pre-approval or authorization of the Property’s participation in Impact Fee Service Area Number 1 or a pre- approval or authorization for inclusion of any flood control or drainage improvements in the Impact Fee Service Area Number 1 Capital Improvements Plan. (ii) Master Developer shall provide, at Master Developer’s expense, a hydrology and hydraulic analysis that shall address, without limitation, offsite capacity and sediment transport improvements to the Highland Ranch Parkway and Pyramid Highway Way culvert crossings. Improvements identified in the analysis shall be completed to the approval of the City Engineer prior to issuance of any building permits for structures. (iii) Master Developer shall design and construct all flood control and drainage improvements, whether onsite or offsiteoff-siteoffsite, required to comply with the Truckee ▇▇▇▇▇▇▇ Regional Drainage Manual and the approval of the Administrator. Design rainfall depths shall utilize the 24-hour point precipitation frequency estimates from the National Oceanic and Atmospheric Administration Atlas 14 (NOAA Atlas 14). (d) Public safety conditions and improvements that are necessary based on the anticipated land use changes in the Project, including, without limitation: (i) The Master Developer shall has obtained obtain and provided provide to the City written writtenan approval from Washoe County to connect a secondary fire apparatus access road to a Washoe County road, as indicated in the Land Plan and Infrastructure Plan, prior to approval of the first tentative subdivision map for the Project. Construction of a second fire apparatus access road. The primary median-divided access road to the Project shall serve as dual access for the development of Villages 1 and 2 and shall be extended to the first entrances of Villages 3 and 4. A private, gated secondary fire apparatus access road shall be required with the development of the remainder of the project. Construction of the secondary fire apparatus access road shall be completed prior to the first final inspection or the issuance of the athe first certificate of occupancy for and/or final inspection of any dwelling unit in excess of 200 dwelling units in the Project. The secondary fire apparatus access road shall be privately owned and maintained, gated, and a minimum of twenty (20) feet widewide and emergency. Emergency pull-out areas shall be constructed upon this secondary fire apparatus access road to the approval of the Fire Chief and the City Engineer.The Parties acknowledge and agree that nothing contained in this Agreement constitutes in any way a pre- approval or acceptance of dedication of any streets, gutters, curbs, or sidewalks on the Property. (ii) Construction of all streets and the secondary fire apparatus access road shall comply with design requirements set forth in the City of Sparks Site Development Fire Prevention Policy Guide and shall be to the approval of the Fire Chief Chief. and the City Engineer. The street providing primary access to the Project shall be a four two-lane lane, median-divided roadway from Highland Ranch Parkway to the first entrances of Villages 3 and 4. A EmergencyA meandering, trail-style sidewalk at least five (5) feet in width shall be constructed of Portland cement concrete (if dedicated to the City of Sparks) on at least one side of the primary access street. Asphalt may be used in lieu of Portland cement concrete on trail-style sidewalks that are to be owned and maintained by a homeowners association or landscape maintenance association. If the primary access street is divided by a median, emergency median crossovers cross-overscrossovers (if applicable) shall be constructed to the approval of the Fire Chief at least every 750 feetfeet or more frequently. Fire hydrants shall be installed upon the primary access street at distances to be approved by the Fire Chief. Any cul-de-sac constructed within the Project shall have a radius of at least fifty (feet) and a diameter of at least one hundred (100) feet. (iii) All dwelling units and commercial structures intended or used for human occupancy shall be equipped with fire suppression systems to the approval of the Fire Chief. This requirement may be eliminated if the Master Developer demonstrates, to the approval of the Fire Chief, that the dwelling units and/or commercial structures are located within a four-minute travel time from a City of Sparks Fire Department station. (iv) Emergency access points shall be provided to all common areas. These emergency access points shall be a minimum of sixteen (16) feet wide, shall be gated, and shall be posted with signs indicating that parking is prohibited to the approval of the Fire Chief. Design and location of the emergency access points shall be addressed with the appropriate tentative map submittals. Master Developer shall comply with all requirements of the International Wildland-Urban Interface Code in effect at the time of the particular development activity. (e) Master Developer shall grant to the City easements or other permissions acceptable to the Administrator for access, operation, and maintenance of any City-owned utility facilities located on private property. Such easements or other permissions shall be approved by the Administrator prior to or concurrently with approval of any final map. (f) Water transmission facilities and improvements, whether onsite or offsite, that are necessary based on the anticipated land use changes in the Project. Master Developer shall provide, at Master Developer’s expense, plans for a municipal water system to be constructed to specifications equal to or exceeding those of TMWA. The water system shall provide adequate water flow and pressure to meet the Sparks City’sSparks Fire Department’s fire flow requirements. Improvements identified in the plans shall be completed to the approval of the City Engineer prior to issuance of any building permits for structures. (g) The Parties acknowledge and agree that nothing contained in this Agreement constitutes in any way a pre-approval or acceptance of dedication of any streets, gutters, curbs, or sidewalks on the Property. All infrastructure, whether onsite or offsite, shall be constructed in substantial conformance with: (i) Applicable construction standards; (ii) Design standards required for dedication to the City, if applicable; and (iii) Approval of the Administrator.