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f.) any other regulatory or governmental agency or entity affected by, or having <br />jurisdiction over the DEVELOPER IMPROVEMENTS:. <br />1.12 UTILITY COMPANIES. "UTILITY COMPANIES" means.:and ind4des, jointiy <br />and severally,. the Mowing: <br />a.) utility companies; including electric, gas,. and cable; and <br />b.) pipeline companies. <br />1.13 PRIOR EASEMENT HOLDERS. "PRIOR EASEM9NT I30LDERS means <br />and hcludes, jointly and severally, all. holders of any easements ot'. other ptoperty interests which <br />existed prior to -the grant or dedication of any public easements transferred pursuant to this <br />DEVELOPMENT CONTRACT, <br />1.14. DEVELOPER iMPROVEMI;NTS. "DEVELOPER IMPROVEMENTS" means <br />and includes, individually and colllectively, all the improvements identified in,Atilele 4 and on the <br />attached. Exhibit..D3. <br />1.15 MY 1MOROVEMENTS. `UT'Y IMPROVEMENTS" means and includes, <br />individually and collectively, all the irr►piovooht� identified iirt-this Agreement, of which there <br />are none, <br />L16. DEVELOPER PUBLIC IMPROVEN"T. -S. "D.EVELOPER. PUBLIC <br />IMPROVEMENTS" moans and includes,. individually and collectively; all the. improvements <br />identified and checked.on the attached Exhibit D3 that are further labeled"public". DEVELOPER <br />PUBLIC IMPROVEMENTS are improvements to be constru4ted by the. DEVEWPER wjthfn <br />public right-of-way or public easements and which are to be approved and later accepted by the <br />CITY. DEVELOPER PUBLIC IMPROVEMENTS are part of DEVELOPER IMPROVEMENTS. <br />1.17 DEVELOPER DEFAULT. "DEVELOPER DEFAULT" means and includes, <br />,jointly and- severally, any of the following or any combination thereof: <br />a.) failure by the DEVELOPER to timely pay.the-CITY �y money required to be paid <br />undef-the DEVELOPMENT' CON' T. .C'ls; <br />.b.) failure by the DEVELOPER 'to timely construct -the DEVELOPER <br />IMPROVEMENTS according: to the DEVELOPMENT PLANS -and -the CITY Oaftdai* and. <br />speoifiaatibns;. <br />e J failure by the DEVELOPER to obserrre of perform ally inateriial covenant, <br />condition,-obliggion, or agreement under Na. 08V ELOPMENT CONTRACT; <br />d.) :breach of the DEVELOP)K WARRANTIES. <br />3 <br />