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ARTICLE 3 <br /> NEIGHBORHOOD PARK DESIGN, FUNDING, AND CONSTRUCTION <br /> 3.1 Neighborhood Park PUD Plan. Attached to this Agreement is Exhibit E <br /> (the"Neighborhood Park PUD Plan") which are the design and planning standards for the <br /> Property that integrates the Detention Basin with the public's use of the remainder of the <br /> Property as a neighborhood park. That portion of the Property not located within the <br /> Detention Basin shall be referred to as the"Neighborhood Park." <br /> 3.2 Neighborhood Park Improvements. <br /> (a) Neighborhood Park Improvement Plans. No later than sixty(60)days <br /> following the date County submits to City and CLC the Detention Basin Improvements Final <br /> Plans pursuant to Section 1.4(a), CLC shall cause to be prepared and submitted to City for City's <br /> review and approval final plans and specifications covering the Neighborhood Park <br /> Improvements consistent with the Neighborhood Park PUD Plan (the"Neighborhood Park <br /> Improvements Final Plans"). The Neighborhood Park Improvements Final Plans shall include <br /> a construction warranty, a grow-in/maintenance period for the turf and other vegetation, and <br /> shall be consistent with City park construction specifications. <br /> (b) Construction of Neighborhood Park Improvements. CLC shall, at its <br /> sole expense, cause construction of the Neighborhood Park Improvements pursuant to the <br /> approved Neighborhood Park Improvements Final Plans. Construction of the Neighborhood <br /> Park Improvements shall be coordinated with the construction of the Detention Basin <br /> Improvements to the extent possible. City shall inspect and accept the Neighborhood Park <br /> Improvements, and will allow the Neighborhood Park to open for public use, when completed to <br /> City's satisfaction and alter any grow-in/maintenance period(concerning lawn/turf/trees)has <br /> passed and areas/plant material covered by the grow-in/maintenance is found acceptable by City. <br /> 3.3 Credits Against City Fees. For CLC's designing and constructing the <br /> Neighborhood Park Improvements, agreeing to assume Hendrick's Proportionate Share of the <br /> Detention Basin Improvements, acquiring and improving Street A, and agreeing to construct a <br /> "Good Neighbor" fence as set forth in the conditions of approval for PUD 68, City shall provide <br /> CLC with a credit of$1,754,830 against the City's Public Facilities Fees then in effect at the <br /> time CLC obtains building permits for the development of the CLC Parcel, provided, however <br /> that if the amount of the Public Facilities Fees to be charged is less than the amount of the credit, <br /> then City shall apply the credit against the City's Traffic Development Fees. For purposes of <br /> determining the amount of the fees to which the credit will be applied, the following will apply: <br /> All Villas will be calculated at the Multi-family rate; the Central Plant will be calculated at the <br /> Warehouse and Office rate based on final identified uses; in the common areas, only the office <br /> space will be assessed and calculated at the Office rate; rooms in the Health Center will be <br /> calculated at the Service rate; and the Gatehouse will not be assessed. <br /> 3.4 Payments as Amenity. City acknowledges that CLC's payment for the design <br /> and construction of the Neighborhood Park Improvements, CLC's payment for acquiring and <br /> improving Street A, and CLC's constructing a "Good Neighbor" fence exceeds the credit <br /> provided in Section 3.3 and therefore such payments shall constitute an amenity under the City's <br /> 000299.0044\1087426.6 7 <br />