Recreational Trail. Xxxxxx acknowledges and agrees that the Town intends to construct a recreational trail across the leased property at such time as the Town secures the funding for the trail construction. Accordingly, tenant agrees to remove any improvements or structures erected on the leased property which would interfere with the trail at the Tenant’s sole expense upon the Town’s request for removal of the improvements and/or structures. Any such request shall be made at least three (3) months before the requested date of removal. Notwithstanding the foregoing, the Landlord shall have the right during the entire term of this Lease, including any renewal period, to terminate this Lease by giving at least 90 days’ written notice to the Tenant that the Town intends to construct a trail across the leased premises that will render the premises unsuitable for the uses contemplated by this Lease. In the event of such a termination, the Tenant shall be entitled to be reimbursed by the Landlord for any period of time after the termination date for which the Tenant has pre-paid rent.
Recreational Trail. 1. As part of the construction of the Improvements, the Developer shall construct a Public Recreational Trail within the Development at the locations shown on Exhibit D. The trail improvements shall consist of:
Recreational Trail. Developer shall, at Developer’s expense (less all available grants awarded to the City; provided, however, that such grants allow the funds to be paid or reimbursed to Developer for construction), construct, install and maintain an improved pedestrian-only public access trail 8 feet in width and including 3-foot-wide unimproved margins on either side (being 14' in total width) (the “Recreational Trail”) within the Project substantially in accordance with the Development Plan Concept. The Recreational Trail shall be limited to non-motorized pedestrian use and shall be accessible by the general public from xxxx to dusk. In the event Developer does not construct the Recreational Trail by June 30, 2024, the City may construct the Recreational Trail and levy special assessments against the Property pursuant to Wis. Stat. § 66.0703 (2015-16, and as amended) for the reasonable costs it incurs for such construction work or improvement. Developer waives notice and hearing of said special assessments pursuant to Wis. Stat. § 66.0703(7)(b), and further agrees that it shall not challenge or appeal the City’s right to levy said special assessments or the amount of said special assessments, pursuant to Wis. Stat. § 66.0703(12). Developer may from time to time promulgate rules and requirements for ongoing use, operation, maintenance and upkeep of the Recreational Trail. The Recreational Trail is more fully described in the Development Plan Concept.
