O-2008-3067 Service and Assessment Plan for Lakes at Fairmont Greens

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Failure of Developer to begin construction in accordance with the approved plat/plans and Special Conditional Use Permit within one year after issuance of said permit or as scheduled under the terms of the SCUP shall terminate this Agreement. Developer may, before the expiration of one year, request an extension of time from the Planning and Zoning Commission, in the event that construction has not started in accordance with the SCUP. ARTICLE V. OPEN SPACE/TRAIL, BUFFERING AND BEAUTIFICATION 5.1 Open Space/Pedestrian Trail System. The Developer shall provide common open space and pedestrian trails within the Restricted Reserves as shown in Exhibit C. Details and cross-sections are further illustrated on the Schematic Landscape Design (Exhibit F). It is recognized that, until the final design of the detention pond/drainage system within each section is approved, the exact location and dimensions of these facilities are schematic. However, when the final design is approved, the City agrees to accept these areas as public recreation amenities to be maintained by the PID, further explained in the Public Improvement District Agreement (Exhibit I). 5.2 Beautification. The Developer shall implement a landscape plan for all phases of the entire project that will address landscaping provisions in the detention ponds, areas adjacent to the Bayforest Golf Course, at all subdivision entrances and along S.H. 146. Such public landscape and amenity areas, including rear lot line fences adjacent to the pedestrian trails or amenities serving a public purpose, are to be owned by the City and maintained by the PID. . 5.3 Taylor Bayou. The portion of Taylor Bayou described by metes and bounds in Exhibit H, as well as the subdivision's drainage outfall structures within drainage reserves, will be owned by the City and maintained by the PID. Enhanced amenity plan of Taylor Bayou shall be approved by the City. 5.4 Ownership and Maintenance. The City will own all of the public landscape, drainage, detention, open space and recreation reserves throughout the Development. The maintenance of the reserves and easements will be the responsibility of the PID pursuant to provisions of the deed restrictions, enforced by the HOA. Grass within the dry areas of the detention ponds and Taylor Bayou will be maintained at 12 inches in height or less. Erosion or other maintenance items within detention ponds and Taylor Bayou will be corrected immediately as it is discovered by filling, compacting and seeding. Grass within parks, open space and landscape reserves will be maintained within 6 inches and grass within drainage reserves will be maintained at 9 inches in height or less. Developer's Agreement (Final) 011708 Page 4 of 9