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allow installation such sewer and water infrastructure. To the extent that the Funding Developers <br />can obtain fights-of-way from private property owners without payment of compensation, then <br />public sewer and water infrastructure shall be installed to serve all properties described in Exhibit <br />"B-3", except those properties ("Landlocked Parcels") which cannot reasonably be physically <br />reached by public infrastructure. (Such Landlocked Parcels shall be provided for under Paragraph <br />4(e), below). <br /> <br /> (b) City Acquisition of Right of Way: In the event, after good faith <br />negotiations, the Funding Developers are unable to obtain the necessary easements and fights-of- <br />way without payment of compensation, the Funding Developers may request action by the City to <br />obtain such easements and rights of way. The choice of action to be taken by the City in attempting <br />to obtain easements and rights of way shall be at the sole and absolute discretion of the City, with <br />all costs born by the City. <br /> <br /> (c) Cooperating Property Owners: <br /> <br /> (i) The provision of public water and sewer infrastructure by the <br />Funding Developers to existing homeowners and lots in the HVSPA is conditioned upon the <br />respective HVSPA property owners granting, without cost, the necessary easements and fights-of- <br />way for the installation of the infrastructure to serve their own property, as well as the property of <br />others. If a property owner refuses to dedicate the necessary easement or fight-of-way, such <br />property owner shall be required to pay the full, actual cost of his or her pro-rata share of the water <br />and sewer infrastructure when such property owner desires to hook-up to the system, less the <br />amount deposited in escrow by the Proceeding Developer for the associated segment of <br />infrastructure. <br /> <br /> (ii) If the Funding Developers are not able to obtain the necessary <br />easements and fights-of-way from one or more property owners, the Proceeding Developer shall: <br /> <br /> (A) install the infrastructure in all other areas where <br />easements and fights-of-way have been obtained so that any incomplete section can be installed in <br />the future; and <br /> <br /> (B) deposit with the City in a special account maintained <br />and earmarked for this purpose, the amount needed to install the remaining infrastructure, as if <br />easements and fights-of-way were available, based upon the Proceeding Developers' contract costs <br />for design, construction and installation of water and sewer infrastructure in the area. <br /> <br /> (d) Subsequent City Acquisition of Right of Way: If the City is able to <br />obtain required easements and rights-of-way before the completion of construction of sewer and <br />water infrastructure by the Proceeding Developer for that segment and in time so as not to delay the <br />construction schedule, then the Proceeding Developer shall complete the associated section of water <br />or sewer infrastructure on the same basis as other segments of such public infrastructure to be <br />constructed hereunder. In this event, the corresponding amount on deposit with the City for this <br />segment will be returned to the Proceeding Developer. <br /> <br /> -6- 10/21/99 <br /> <br /> <br />