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<br />. <br /> <br />. <br /> <br />. <br /> <br />B. <br /> <br />Public Use Dedication. Guidant's public use dedication requirement for all <br />phases shall be satisfied in the following manner: <br /> <br />1. Convevance of Public Trailway. A publically used trailway is <br />located on a portion of the Guidant Property. Prior to the issuance <br />of occupancy permits for Phase I buildings, the record fee owner of <br />the portion of the Guidant Property on which the trailway is located <br />shall convey a trailway easement to the City, on forms approved by <br />the City's attorney, and subject to terms and conditions approved <br />by the City's Council, which approvals shall not be unreasonably <br />withheld. <br /> <br />2. <br /> <br />Use of Internal Private Trail System. As part of its development, <br />Guidant will construct a private trail system. Guidant shall permit <br />public use of the private trail system provided that the public's right <br />to use the private trail systems may be rescinded by Guidant, upon <br />consent of the City which shall not be unreasonably withheld, if it <br />becomes necessary to establish a perimeter fence around the <br />Guidant Property in order to protect the safety of the Guidant <br />Property or its employees. Prior to issuance of occupancy permits <br />for Phase I buildings, Guidant and the City shall enter into a private <br />trailway use agreement, on forms approved by the City's attorney, <br />and subject to terms and conditions approved by the City's Council, <br />which approval shall not be unreasonably withheld. <br /> <br />3. Construction/Conveyance of Park BuildinQ. Guidant shall construct <br />a picnic/warming shelter ("Park Building") for Cummings Park <br />pursuant to plans and specifications approved by the City. The <br />maximum cost of the Park Building is estimated to be $350,000. <br />The contribution of Guidant to the Park Building shall be identified <br />on a plaque, approved by the City, which shall be attached to the <br />Park Building. Upon completion of the Park Building, it shall be <br />conveyed to the City. The City shall be responsible for <br />maintenance of the Park Building. Construction of the Park <br />Building shall be completed by June 30, 2004. <br /> <br />(a) Improvement Security. Prior to the City's endorsement of <br />approval on the final plat, Guidant shall deposit security with <br />the City Administrator in an amount equal to one hundred <br />percent (100%) of the estimated costs of constructing the <br />Park Building. The security may be in the form of a cash <br />escrow fund, a performance bond, or a letter of credit. The <br />form of security shall be approved by the City's attorney. <br /> <br />4 <br />