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for the Project, City shall grant an easement over the Open Space to the Tri <br />Valley Conservancy or other entity reasonably acceptable to the City to <br />protect the Open Space as permanent open space. <br />(b) Prior to the fifth sale of an individual lot within the Project, Developer shall <br />construct within the Open Space (a) a regional trail along the entire eastern <br />boundary of the Project Site, as shown on the Oak Grove Planned Unit <br />Development Plan (the "Regional Trail"), (b) class A and class C trails as <br />shown on the City's Master Trails Plan ("the Local Trails"), and (c) a <br />staging area for the Regional Trail and the Local Trails, which staging area <br />shall include a restroom, potable water and water trough, and an area for <br />parking eleven vehicles, as shown on the City's Master Trails Plan ("the <br />Staging Area"). The precise location of the Regional Trail, the Local Trails, <br />and the Staging Area shall be determined by the City prior to recordation of <br />the first final map for the Project. <br />(c) Developer shall dedicate land for, and construct, an emergency vehicle <br />access-way, as shown on the Oak Grove Planning Unit Development Plan, <br />or in such other location (or locations) as reasonably acceptable to the City. <br />The dedication shall occur with the recordation of the first final map for the <br />Project. One access way will extend to the existing water tank site within <br />the Kottinger Ranch subdivision and will be considered a fire road. The <br />other access way will connect to the City's existing public access easement <br />(as said easement maybe relocated) within the Grey Eagle Estates <br />subdivision. Developer shall also construct an electronically controlled gate, <br />as approved by the City, at or near the Grey Eagle Estates connection point <br />to prevent the egress of persons and vehicles from the Project site to that <br />subdivision. For any portion of the accesses that are located outside the <br />Project boundaries, to the extent that Developer needs temporary <br />construction easements to construct the access but is unable to acquire such <br />temporary construction easements on its own and the City must use its <br />power of eminent domain to acquire such easements, Developer shall be <br />responsible for all costs associated with such acquisition including, but not <br />limited to, appraisals, attorneys fees, the fair market value of the land to be <br />taken (including severance damages if any), litigation expenses (including <br />the property owner's attorneys fees if awarded by the court)., Developer <br />shall also construct any portion of the access that is located outside the <br />Project boundaries. If the Project is phased, Lots 8-51 shall only be <br />developed with the accesses described herein constructed or under <br />construction. Developer shall include in the CC&R's a provision that the <br />Oak Grove Homeowners Association will defend and indemnify the Grey <br />Eagle Estates Homeowners Association, the Kottinger Ranch Homeowners <br />Association and/or individual property owners within those subdivisions for <br />claims arising out of the public's use of the accesses. If the City enters into <br />a separate agreement with the Grey Eagle Estates Homeowners Association, <br />the Kottinger Ranch Homeowners Association, and/or individual property <br />owners within those subdivisions concerning defense and indemnification <br />54393\84008v3 <br />