Common use of Site Design Requirements Clause in Contracts

Site Design Requirements. a. One public park for the Town’s use, which will be designed with approval by the Parks and Community Programs Director, will be paid for by the Developer, and will be conveyed to the Town prior to the issuance of the 31st occupancy permit, for the Town’s use and future maintenance. The town will be responsible for future maintenance. b. Two passive recreation areas, which will remain privately owned, shall be approved by the Planning Board and maintained by the developer until conveyed to the Home Owners Association (HOA). The Town shall be granted an easement for public access to the passive recreation areas . c. Open space in the general area shown on Exhibit 2, which shall be owned by the Developer until conveyed to the HOA. This area will be established as part of the HOA documents, which will be approved by the Planning Board as part of the required subdivision approval. The Town shall be granted an easement for public access to the open space. d. Trails will be built and maintained by the Developer, with the Land Management and Acquisitions Committee to determine final layout and design. The trails shall be generally ▇▇▇▇▇ trails except for the interurban line. which will be ADA accessible. The final location of trails will be determined during the Planning Board approval process and the Town will be granted an public easement for the trails. The Developer shall provide some ADA accessible trails within and near the public park. e. The trail system shall connect to the sidewalks as well as to abutting properties and ▇▇▇▇▇▇▇ Street. The Developer shall assist the Town in acquiring a License Agreement with the Maine Turnpike Authority (MTA) to facilitate access during Phase 1.. f. All landscaping within the roadways will be installed by the Developer and trees and shrubs shall be native species. g. The Developer will develop and execute a detailed invasive species eradication plan in cooperation with the Town’s roadside program, which will be included as part of the application for subdivision approval and paid for by the Developer. h. On-street parking areas shall be determined as part of the Planning Board subdivision review. The street design in residential areas shall accommodate informal on-street parking on at least one side of the street. The street segment from Route 100 to the roundabout as shown on Exhibit 2 shall be designed to accommodate designated on-street parking on both sides of the street. i. Sidewalks shall be located on at least on one side of the street on all proposed roads within the subdivision. j. As part of the street acceptance the Developer shall offer to the Town a 5-foot wide easement adjacent to the street within the residential lots and open spaces for purpose of street maintenance. k. The Developer shall grant roadpublic street, trail and open space easements for each phase to the Town prior to the issuance of the first certificate of occupancy within that phase. Road Street easements shall be granted upon the placement of the base course of pavement. l. The Developer shall construct a trail connection from the southerly ▇▇▇▇▇▇ ▇ ▇▇▇▇ to the northerly phase 1 area prior to issuance of the first certificate of occupancy in the southerly Pphase 2 area, generally as shown on Exhibit 3. m. The trail connection from phase 1 to the church property shall be constructed prior to the issuance of the first certificate of occupancy within Pphase 1.

Site Design Requirements. a. One public park for the Town’s usepark, which will be designed with approval by the Parks and Community Programs PCP Director, will be paid for by the Developer, and will be conveyed to the Town prior to the issuance of the 31st occupancy permit, for the Town’s use and future maintenance. The town will be responsible for future maintenance. b. Two passive recreation areas, which will remain privately owned, shall be approved by the Planning Board and maintained by the developer until conveyed to the Home Owners Association (HOA). The Town shall be granted an easement for public access to the passive recreation areas areas. c. Open space in the general area shown on Exhibit 2, which shall be owned by the Developer until conveyed to the HOA. This area will be established as part of the HOA documents, which will be approved by the Planning Board as part of the required subdivision approval. The Town shall be granted an easement for public access to the open space. d. Trails will be built and maintained by the Developer, with the Land Management and Acquisitions Committee LMAC to determine final layout and design. The trails shall be generally ▇▇▇▇▇ trails except for the interurban line. line which will be ADA accessible. The final location of trails will be determined during the Planning Board approval process and the Town will be granted an public easement for the trails. The Developer shall provide some ADA accessible trails within and near the public park. e. The trail system shall connect to the sidewalks as well as to abutting properties and ▇▇▇▇▇▇▇ Street. The Developer shall assist the Town in acquiring a License Agreement with the Maine Turnpike Authority (MTA) to facilitate access during Phase 1..access. f. All landscaping within the roadways will be installed by the Developer and trees and shrubs shall be native species. g. The Developer will develop and execute work with the Conservation Commission to prepare a detailed invasive species eradication plan in cooperation with the Town’s roadside program, which that will be included as part of the application for subdivision approval and paid for by the Developer. h. On-street parking areas shall be determined as part of the Planning Board subdivision review. The street design in residential areas shall accommodate informal on-street parking on at least one side of the street. The street segment from Route 100 to the roundabout as shown on Exhibit 2 shall be designed to accommodate designated on-street parking on both sides of the street. i. Sidewalks shall be located on at least on one side of the street on all proposed roads within the subdivision. j. As part of the street acceptance the Developer shall offer to the Town a 5-foot wide easement adjacent to the street within the residential lots and open spaces for purpose of street maintenance. k. The Developer shall grant roadpublic streetroad, trail and open space easements for each phase to the Town prior to the issuance of the first certificate of occupancy within that phase. Road Street easements shall be granted upon the placement of the base course of pavement. l. The Developer shall construct a trail connection from the southerly ▇▇▇▇▇▇ ▇ ▇▇▇▇ phase 2 area to the northerly phase 1 area prior to issuance of the first certificate of occupancy in the southerly Pphase phase 2 area, generally as shown on Exhibit 3. m. The trail connection from phase 1 to the church property shall be constructed prior to the issuance of the first certificate of occupancy within Pphase phase 1.

Site Design Requirements. a. One public park for the Town’s use, which will be designed with approval by the Parks and Community Programs Director, will be paid for by the Developer, and will be conveyed to the Town prior to the issuance of the 31st occupancy permit, for the Town’s use and future maintenance. The town Town will be responsible for future maintenance. A general concept plan of the public park is attached as Exhibit 6. b. Two passive recreation areas, which will remain privately owned, shall be approved require approval by the Planning Board and be maintained by the developer until conveyed to the Home Owners Association (HOA). The Town shall be granted an easement for public access to the passive recreation areas areas. c. Open space in the general area shown on Exhibit 2, which 2 shall be owned by the Developer until conveyed to the HOA. This area will be established as part of the HOA documents, which will be approved shall require approval by the Planning Board as part of the required subdivision approval. The Town shall be granted an easement for public access to and over the open space. A portion of the open space may be utilized for stormwater facilities as may be approved by the Planning Board. The remainder of the open space with the exception of trail development and invasive plant eradication treatment shall remain in its natural state, except that dangerous trees may be removed. d. Trails will shall be built and maintained by the Developer, until conveyed to the Homeowners Association, which shall be responsible for maintenance after the conveyance, and shall require approval from the Planning Board with input from the Land Management and Acquisitions Committee to determine on the final layout and design. The trails shall be generally ▇▇▇▇▇ trails except for the interurban line. which will be ADA accessible. The final location of trails will be determined during the Planning Board approval process and the Town will be granted an public easement for the trails. The Developer shall provide some ADA accessible trails within and near the public park. e. The trail system shall connect to the sidewalks as well as to abutting properties and ▇▇▇▇▇▇▇ Street. The Developer shall assist the Town in acquiring a License Agreement with the Maine Turnpike Authority (MTA) to facilitate access to ▇▇▇▇▇▇▇ Street during Phase 1... f. All landscaping within the roadways will be installed by the Developer and trees Trees and shrubs within street rights-of-way shall be native species. Street trees shall be provided in the following manner: 1) In Development Area 1 one tree for every lot created with locations approved by the Planning Board. 2) A street tree for every 60 feet of frontage shall be installed on the following street segments as shown on Exhibit 2. Specific locations shall be as approved by the Planning Board. a) the entrance street off Mountain Road to the roundabout in Development Area 1, b) the northerly entrance street off Route 100 beside Development Area 2 to the roundabout, and c) the southerly entrance street off Route 100 in Development Area 3. g. The Developer will develop and execute a detailed invasive species eradication plan in cooperation with the Town’s roadside program, which will be included as part of the application for subdivision approval and paid for by the Developer. h. On-street parking areas shall be determined as part of the Planning Board subdivision review. The street design in residential areas shall accommodate informal on-street parking on at least one side of the street. The street segment from Route 100 to the roundabout as shown on Exhibit 2 shall be designed to accommodate designated on-street parking on both sides of the street. i. Sidewalks shall be located on at least on one side of the street on all proposed roads within the subdivision. j. As part of Should the Developer apply for street acceptance for any streets or portions of these streets in this project, the Developer shall offer to the Town a 5-foot wide easement adjacent to the street within the residential lots and open spaces Development Area 1 for purpose of street maintenance. k. The Developer shall grant roadpublic streetto the Town easements for public access to and use of the streets, trail sidewalks, trails and open space easements for each phase to the Town prior to the issuance of the first certificate of occupancy within that phase. Road Street easements shall be granted upon offered to the Town within 30 days of the placement of the base course of pavement. l. The Developer shall construct a trail connection from the southerly ▇▇▇▇▇▇ ▇ ▇▇▇▇ to the northerly phase 1 area prior to issuance of the first certificate of occupancy in the southerly Pphase 2 area, generally as shown on Exhibit 3. m. The trail connection from phase Phase 1 to the church West Falmouth Baptist Church property (U42-18) shall be constructed prior to the issuance of the first certificate of occupancy within Pphase Phase 1.

Site Design Requirements. a. One public park for the Town’s usepark, which will be designed with approval by the Parks and Community Programs PCP Director, will be paid for by the Developer, and will be conveyed to the Town prior to the issuance of the 31st occupancy permit, for the Town’s use and future maintenance. The town will be responsible for future maintenance. b. Two passive recreation areas, which will remain privately owned, shall be approved by the Planning Board and maintained by the developer until conveyed to the Home Owners Association (HOA). The Town shall be granted an easement for public access to the passive recreation areas areas. c. Open space in the general area shown on Exhibit 2, which shall be owned by the Developer until conveyed to the HOA. This area will be established as part of the HOA documents, which will be approved by the Planning Board as part of the required subdivision approval. The Town shall be granted an easement for public access to the open space. d. Trails will be built and maintained by the Developer, with the Land Management and Acquisitions Committee LMAC to determine final layout and design. The trails shall be generally ▇▇▇▇▇ trails except for the interurban line. line which will be ADA accessible. The final location of trails will be determined during the Planning Board approval process and the Town will be granted an public easement for the trails. The Developer shall provide some ADA accessible trails within and near the public park. e. The trail system shall connect to the sidewalks as well as to abutting properties and ▇▇▇▇▇▇▇ Street. The Developer shall assist the Town in acquiring a License Agreement with the Maine Turnpike Authority (MTA) to facilitate access during Phase 1..access. f. All landscaping within the roadways will be installed by the Developer and trees and shrubs shall be native species. g. The Developer will develop and execute a detailed invasive species eradication plan in cooperation with the Town’s roadside program, which will be included as part of the application for subdivision approval and paid for by the Developer. h. On-street parking areas shall be determined as part of the Planning Board subdivision review. The street design in residential areas shall accommodate informal on-street parking on at least one side of the street. The street segment from Route 100 to the roundabout as shown on Exhibit 2 shall be designed to accommodate designated on-street parking on both sides of the street. i. Sidewalks shall be located on at least on one side of the street on all proposed roads within the subdivision. j. As part of the street acceptance the Developer shall offer to the Town a 5-foot wide easement adjacent to the street within the residential lots and open spaces for purpose of street maintenance. k. The Developer shall grant roadpublic streetroad, trail and open space easements for each phase to the Town prior to the issuance of the first certificate of occupancy within that phase. Road Street easements shall be granted upon the placement of the base course of pavement. l. The Developer shall construct a trail connection from the southerly ▇▇▇▇▇▇ ▇ ▇▇▇▇ phase 2 area to the northerly phase 1 area prior to issuance of the first certificate of occupancy in the southerly Pphase phase 2 area, generally as shown on Exhibit 3. m. The trail connection from phase 1 to the church property shall be constructed prior to the issuance of the first certificate of occupancy within Pphase phase 1.

Site Design Requirements. a. One public park for the Town’s use, which will be designed with approval by the Parks and Community Programs Director, will be paid for by the Developer, and will be conveyed to the Town prior to the issuance of the 31st occupancy permit, for the Town’s use and future maintenance. The town Town will be responsible for future maintenance.. Add Exhibit ??? for park design??? b. Two passive recreation areas, which will remain privately owned, shall be require approvalbe approved by the Planning Board and be maintained by the developer until conveyed to the Home Owners Association (HOA). The Town shall be granted an easement for public access to the passive recreation areas areas. c. Open space in the general area shown on Exhibit 2, which shall be owned by the Developer until conveyed to the HOA. This area will be established as part of the HOA documents, which will be approved approvedshall require approval by the Planning Board as part of the required subdivision approval. The Town shall be granted an easement for public access to the open space. A portion of the open space may be utilized for stormwater facilities as may be approved by the Planning Board. The remainder of the open space with the exception of trail development and invasive plant eradication treatment shall remain in its natural state. d. Trails will shall be built and maintained by the Developer, with and shall require approval from the Planning Board with input from the Land Management and Acquisitions Committee to determine determineon finalthe final layout and design. The trails shall be generally ▇▇▇▇▇ trails except for the interurban line. which will be ADA accessible. The final location of trails will be determined during the Planning Board approval process and the Town will be granted an a public easement for the trails. The Developer shall provide some ADA accessible trails within and near the public park. e. The trail system shall connect to the sidewalks as well as to abutting properties and ▇▇▇▇▇▇▇ Street. The Developer shall assist the Town in acquiring a License Agreement with the Maine Turnpike Authority (MTA) to facilitate access during Phase 1... f. All landscaping within the roadways street rights of way will be installed and maintained by the Developer and trees and shrubs shall be native species. g. The Developer will develop and execute a detailed invasive species eradication plan in cooperation with the Town’s roadside program, which will be included as part of the application for subdivision approval and paid for by the Developer. h. On-street parking areas shall be determined as part of the Planning Board subdivision review. The street design in residential areas shall accommodate informal on-street parking on at least one side of the street. The street segment from Route 100 to the roundabout as shown on Exhibit 2 shall be designed to accommodate designated on-street parking on both sides of the street. i. Sidewalks shall be located on at least on one side of the street on all proposed roads within the subdivision. j. Should the Developer apply for street acceptance for any streets or portions of these streets in this project, As part of the street acceptance the Developer shall offer to the Town a 5-foot wide easement adjacent to the street within the residential lots and open spaces for purpose of street maintenance. k. The Developer shall grant roadpublic streetto the Town public easements for public access to and use of forthe streets, trail trails and open space easements for each phase to the Town prior to the issuance of the first certificate of occupancy within that phase. Road Street easements shall be granted to the Town within 30 days of upon the placement of the base course of pavement. l. The Developer shall construct a trail connection from the southerly ▇▇▇▇▇▇ ▇ ▇▇▇▇ Phase 2 area to the northerly phase phasePhase 1 area prior to issuance of the first certificate of occupancy in the southerly Pphase Phase 2 area, generally as shown on Exhibit 3. m. The trail connection from phase phasePhase 1 to the church propertyWest Falmouth Baptist Church property (U42-18) shall be constructed prior to the issuance of the first certificate of occupancy within Pphase Phase 1.

Site Design Requirements. a. One public park for the Town’s use, which will be designed with approval by the Parks and Community Programs Director, will be paid for by the Developer, and will be conveyed to the Town prior to the issuance of the 31st occupancy permit, for the Town’s use and future maintenance. The town Town will be responsible for future maintenance. A general concept plan of the public park is attached as Exhibit 6. b. Two passive recreation areas, which will remain privately owned, shall be approved require approval by the Planning Board and be maintained by the developer until conveyed to the Home Owners Association (HOA). The Town shall be granted an easement for public access to the passive recreation areas areas. c. Open space in the general area shown on Exhibit 2, which shall be owned by the Developer until conveyed to the HOA. This area will be established as part of the HOA documents, which will be approved shall require approval by the Planning Board as part of the required subdivision approval. The Town shall be granted an easement for public access to and over the open space. A portion of the open space may be utilized for stormwater facilities as may be approved by the Planning Board. The remainder of the open space with the exception of trail development and invasive plant eradication treatment shall remain in its natural state, except that dangerous trees may be removed. d. Trails will shall be built and maintained by the Developer, until conveyed to the Homeowners Association, which shall be responsible for maintenance after the conveyance, and shall require approval from the Planning Board with input from the Land Management and Acquisitions Committee to determine on the final layout and design. The trails shall be generally ▇▇▇▇▇ trails except for the interurban line. which will be ADA accessible. The final location of trails will be determined during the Planning Board approval process and the Town will be granted an public easement for the trails. The Developer shall provide some ADA accessible trails within and near the public park. e. The trail system shall connect to the sidewalks as well as to abutting properties and ▇▇▇▇▇▇▇ Street. The Developer shall assist the Town in acquiring a License Agreement with the Maine Turnpike Authority (MTA) to facilitate access to ▇▇▇▇▇▇▇ Street during Phase 1... f. All landscaping within the roadways will be installed by the Developer and trees Trees and shrubs within street rights-of-way shall be native species. Street trees shall be provided in the following manner: 1) In Development Area 1 one tree for every lot created with locations approved by the Planning Board. 2) A street tree for every 60 feet of frontage shall be installed on the following street segments as shown on Exhibit 2. Specific locations shall be as approved by the Planning Board. a) the entrance street off Mountain Road to the roundabout in Development Area 1, b) the northerly entrance street off Route 100 beside Development Area 2 to the roundabout in Development Area 2, and c) the southerly entrance street off Route 100 in Development Area 3. g. The Developer will develop and execute a detailed invasive species eradication plan in cooperation with the Town’s roadside program, which will be included as part of the application for subdivision approval and paid for by the Developer. h. On-street parking areas shall be determined as part of the Planning Board subdivision review. The street design in residential areas shall accommodate informal on-street parking on at least one side of the street. The street segment from Route 100 to the roundabout as shown on Exhibit 2 shall be designed to accommodate designated on-street parking on both sides of the street. i. Sidewalks shall be located on at least on one side of the street on all proposed roads within the subdivision. j. As part of Should the Developer apply for street acceptance for any streets or portions of these streets in this project, the Developer shall offer to the Town a 5-foot wide easement adjacent to the street within the residential lots and open spaces Development Area 1 for1 for purpose of street maintenance. k. The Developer shall grant roadpublic streetto the Town easements for public access to and use of the streets, trail sidewalks, trails and open space easements for each phase to the Town prior to the issuance of the first certificate of occupancy within that phase. Road Street easements shall be granted upon offered to the Town within 30 days of the placement of the base course of pavement. l. The Developer shall construct a trail connection from the southerly ▇▇▇▇▇▇ ▇ ▇▇▇▇ to the northerly phase 1 area prior to issuance of the first certificate of occupancy in the southerly Pphase 2 area, generally as shown on Exhibit 3. m. The trail connection from phase Phase 1 to the church West Falmouth Baptist Church property (U42-18) shall be constructed prior to the issuance of the first certificate of occupancy within Pphase Phase 1.

Site Design Requirements. a. One public park for the Town’s use, which will be designed with approval by the Parks and Community Programs Director, will be paid for by the Developer, and will be conveyed to the Town prior to the issuance of the 31st occupancy permit, for the Town’s use and future maintenance. The town Town will be responsible for future maintenance. b. Two passive recreation areas, which will remain privately owned, shall be approved by the Planning Board and maintained by the developer until conveyed to the Home Owners Association (HOA). The Town shall be granted an easement for public access to the passive recreation areas areas. c. Open space in the general area shown on Exhibit 2, which shall be owned by the Developer until conveyed to the HOA. This area will be established as part of the HOA documents, which will be approved by the Planning Board as part of the required subdivision approval. The Town shall be granted an easement for public access to the open space. d. Trails will be built and maintained by the Developer, with the Land Management and Acquisitions Committee to determine final layout and design. The trails shall be generally ▇▇▇▇▇ trails except for the interurban line. which will be ADA accessible. The final location of trails will be determined during the Planning Board approval process and the Town will be granted an a public easement for the trails. The Developer shall provide some ADA accessible trails within and near the public park. e. The trail system shall connect to the sidewalks as well as to abutting properties and ▇▇▇▇▇▇▇ Street. The Developer shall assist the Town in acquiring a License Agreement with the Maine Turnpike Authority (MTA) to facilitate access during Phase 1... f. All landscaping within the roadways will be installed by the Developer and trees and shrubs shall be native species. g. The Developer will develop and execute a detailed invasive species eradication plan in cooperation with the Town’s roadside program, which will be included as part of the application for subdivision approval and paid for by the Developer. h. On-street parking areas shall be determined as part of the Planning Board subdivision review. The street design in residential areas shall accommodate informal on-street parking on at least one side of the street. The street segment from Route 100 to the roundabout as shown on Exhibit 2 shall be designed to accommodate designated on-street parking on both sides of the street. i. Sidewalks shall be located on at least on one side of the street on all proposed roads within the subdivision. j. As part of the street acceptance the Developer shall offer to the Town a 5-foot wide easement adjacent to the street within the residential lots and open spaces for purpose of street maintenance. k. The Developer shall grant roadpublic streetto the Town public easements for streets, trail trails and open space easements for each phase to the Town prior to the issuance of the first certificate of occupancy within that phase. Road Street easements shall be granted upon the placement of the base course of pavement. l. The Developer shall construct a trail connection from the southerly ▇▇▇▇▇▇ ▇ ▇▇▇▇ Phase 2 area to the northerly phase 1 area prior to issuance of the first certificate of occupancy in the southerly Pphase Phase 2 area, generally as shown on Exhibit 3. m. The trail connection from phase 1 to the church property shall be constructed prior to the issuance of the first certificate of occupancy within Pphase Phase 1.

Site Design Requirements. a. One public park for the Town’s use, which will be designed with approval by the Parks and Community Programs Director, will be paid for by the Developer, and will be conveyed to the Town prior to the issuance of the 31st occupancy permit, for the Town’s use and future maintenance. The town Town will be responsible for future maintenance. A general concept plan of the public park is attached as Exhibit 6. b. Two passive recreation areas, which will remain privately owned, shall be approved require approval by the Planning Board and be maintained by the developer until conveyed to the Home Owners Association (HOA). The Town shall be granted an easement for public access to the passive recreation areas areas. c. Open space in the general area shown on Exhibit 2, which shall be owned by the Developer until conveyed to the HOA. This area will be established as part of the HOA documents, which will be approved shall require approval by the Planning Board as part of the required subdivision approval. The Town shall be granted an easement for public access to the open space. A portion of the open space may be utilized for stormwater facilities as may be approved by the Planning Board. The remainder of the open space with the exception of trail development and invasive plant eradication treatment shall remain in its natural state, except that dangerous trees may be removed. d. Trails will shall be built and maintained by the Developer, until conveyed to the Homeowners Association, which shall be responsible for maintenance after the conveyance, and shall require approval from the Planning Board with input from the Land Management and Acquisitions Committee to determine on the final layout and Homestead Farms Contract Zoning Agreement 3-19-18 3 of 8 design. The trails shall be generally ▇▇▇▇▇ trails except for the interurban line. which will be ADA accessible. The final location of trails will be determined during the Planning Board approval process and the Town will be granted an public easement for the trails. The Developer shall provide some ADA accessible trails within and near the public park. e. The trail system shall connect to the sidewalks as well as to abutting properties and ▇▇▇▇▇▇▇ Street. The Developer shall assist the Town in acquiring a License Agreement with the Maine Turnpike Authority (MTA) to facilitate access to ▇▇▇▇▇▇▇ Street during Phase 1... f. All landscaping within the roadways will be installed by the Developer and trees Trees and shrubs within street rights-of-way shall be native species. g. The Developer will develop and execute a detailed invasive species eradication plan in cooperation with the Town’s roadside program, which will be included as part of the application for subdivision approval and paid for by the Developer. h. On-street parking areas shall be determined as part of the Planning Board subdivision review. The street design in residential areas shall accommodate informal on-street parking on at least one side of the street. The street segment from Route 100 to the roundabout as shown on Exhibit 2 shall be designed to accommodate designated on-street parking on both sides of the street. i. Sidewalks shall be located on at least on one side of the street on all proposed roads within the subdivision. j. As part of Should the Developer apply for street acceptance for any streets or portions of these streets in this project, the Developer shall offer to the Town a 5-foot wide easement adjacent to the street within the residential lots and open spaces Development Area 1 for purpose of street maintenance. k. The Developer shall grant roadpublic streetto the Town easements for public access to and use of the streets, trail sidewalks, trails and open space easements for each phase to the Town prior to the issuance of the first certificate of occupancy within that phase. Road Street easements shall be granted upon offered to the Town within 30 days of the placement of the base course of pavement. l. The Developer shall construct a trail connection from the southerly ▇▇▇▇▇▇ ▇ ▇▇▇▇ to the northerly phase 1 area prior to issuance of the first certificate of occupancy in the southerly Pphase 2 area, generally as shown on Exhibit 3. m. The trail connection from phase Phase 1 to the church West Falmouth Baptist Church property (U42-18) shall be constructed prior to the issuance of the first certificate of occupancy within Pphase Phase 1.