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<br />{00149157 12} 17. <br />Development. The general location of paved trails shall comply with the Parks and Open Space <br />Plan and shall be constructed within the public easements at the sole expense of the Developer, <br />subject to the credit provisions of section 8.1. <br /> <br />Trails shall be completed within 18 months of granting of a certificate of occupancy by the City <br />for the first home in that phase, excluding model homes, or prior to acceptance of the subdivision <br />improvements in that phase, whichever occurs first. The land and trails within public easements <br />shall be maintained by the City. All trails will be field-located in consultation between the <br />Developer and the City and located in outlots, rights of way or easements. It is understood that <br />the final locations of the trails may be adjusted to take into account topography and vegetation. <br />If any public trails have been constructed outside previously granted easements, amendments to <br />easements may be required by the City to ensure that they are fully within the easement area. <br />Granting of amendments to easements due to location changes shall not be unreasonably <br />withheld, conditioned or delayed. <br /> <br />8.4 Private Parks and Open Space <br /> <br />The Developer shall provide private parks and open space in accordance with the Parks <br />and Open Space Plan of the Agreement. These areas shall be indicated as outlots on the final plat <br />for the appropriate phase, and shall be owned and maintained by the Homeowner’s Association. <br />These areas may vary in size from that shown on the Parks and Open Space Plan in accordance <br />with the Core Values specified in Section 4.3 of this Master Agreement, and as may otherwise be <br />requested by Developer and approved by the City as reflected in final plat approvals of specific <br />phases. <br /> <br />Improvements to the private parks and open space areas shall be set forth in the approved <br />Parks and Open Space Plan and the Landscaping Plan. Improvements in these areas are subject <br />to review by the City through its site plan review process, but flexibility may be allowed based <br />on the needs of the community in a given phase at the time of construction. All natural and built <br />improvements to the private parks and open space shall be completed in accordance with the <br />approved Parks and Open Space Plan and the Landscape Plan and shall be constructed prior to <br />final acceptance of the phase of the Development that includes such private parks and open <br />spaces. <br />