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maintained by the Homeowners Association shall be open and available to the public, subjectto <br />any applicable rules and regulations of the U.S. Fish and Wildlife Service and the RHCP- Access <br />tothe parkland and open space shall boprovided mtthe time ofsubdivision platting. <br />C. In addition to the required public parkland dedication amount indicated above, a varietyof private <br />active and passive recreational facilities ranging from small neighborhood pocket parks tolarger <br />improved common areas orparks are envisioned. These facilities shall beconnected through o <br />pedestrian network consisting of sidewalks and/or trails. The Project's network of trails will be <br />approximately 10-14 miles and provide oonnentivitXto the Purgatory Creek Natural Area with a <br />small parking area at such time and in such location as determined by Owner and City. <br />I. The minimum width for asidewalk shall besix feet (G'). <br />2� Sidewalks shall beconstructed ofconcrete orasphalt. <br />3. Sidewalks may be located adjacent to the street right-of-way and incorporated into an <br />appropriate street orues-aoct[on. <br />4. The minimum width for e trail shall beeight feet (8'). <br />5. Trails may be constructed of concrete, asphalt, crushed granite, or other material common <br />in: trail construction. <br />G. Trails may be located adjacent to the street right-of-way and be incorporated as part of an <br />alternative street cross-section upon the approval by the Director ofDevelopment Services <br />ormay beconstructed inopen space areas orimproved common areas. <br />7. The location of sidewalks and trails shall be determined at the time of preliminary platting <br />and development of infrastructure construction plans and shall be included as part of a <br />Subdivision Improvement Agreement. <br />1.09 Deed Restrictions and Creation ofHomeowner's Association <br />The Owner shall create a homeowner's association responsible for, among other things, enforcement <br />ofdeed restrictions required under this Agreement. The homeowner's association shall becreated <br />and deed restrictions recorded before commencement ofany development on all orany portion of <br />the Property. The deed restrictions shall be submitted to the City for review to determine consistency <br />with this Agreement before recording. The homeowner's association shall beduly authorized, under <br />applicable |avvs, to enforce the deed restrictions against all owners and developers ofland within the <br />Property. Any deed naathotiomo, and amendments thereto, regulating development of the Property <br />shall be recorded in the Official Public Records of Hays Cnunty, Texas. Any deed restrictions <br />regulating development ofthe Ppoperty, and any amendments thereto' shall be subject to this <br />Agreement. Such deed restrictions shall further include a statement that they are subject to this <br />Agreement and that, in, the event ofaconflict between the deed restrictions and this Agreement, this <br />Agreement shall govern. <br />1.10 Hays County Regional Habitat Conservation Plan & Endangered Species Act <br />Prior to any development activity as defined in the City's LDC. the Owner shall comply with the <br />Endangered Species Act, specifically related to the golden-cheeked warbler or black -capped vireo, <br />byeither obtaining approvals from the U.S. Fish and Wildlife Service orthroughvoluntary participation <br />|nthe Hays County Regional Habitat Conservation Plan ("F<HCp"). <br />SECTION 2: MISCELLANEOUS PROVISIONS <br />2.01 Term <br />A. This Agreement shall.commence and bind the Parties on the Effective Date and continue until all <br />of the Property hao'been annexed for full purposes by the City (the "Term"), on1mne sooner <br />terminated aoprovided inSection 2.O1.Cbelow. If, however, noprogress toward completion of <br />the Project, an defined under Section 245.005 of the Texas Local Government Code, in made <br />within five(5)5)yeammfthe date ofthis Agreement, this Agreement shall expire andOwomrhereby <br />agrees that <br />any development of the Property shall comply with the ordinances in effect at the <br />time the first plat application for any portion of the property is filed. This written Agreement may <br />bmextended for additional terms as allowedbylaw upon mutual written agreement ofthe parties. <br />B. After the expiration or termination of this Agreement, this Agreement will he of no further force <br />|3 <br />/«9eoat1 <br />