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to rezone the Development Property. In the event that Developer is unable at any time to meet the timing set forth above through no fault of its own, the parties shall meet to discuss an agreed upon extension of up to twelve (12) months, which shall not be unreasonably withheld from the Village. Adverse economic conditions are deemed to be a valid basis to extend the time for completion under the Agreement. In the event that Developer fails to comply in any material respect with any other term, condition and/or deed restricrion contained herein, the Village may proceed to temiinate this Agreement. For the purposes of this paragraph, "Commence Work" means Developer has completed all preconstruction engineering and design and has received all necessary licenses and/or pemuts and commenced physical preparations of the Development Property for the pouring of foundations of the Uriits. 5. Developraent Terms, Conditions, and Deed Restrictions. a. Except where specified othervvise in this Agreement, the Development shall conform to all development regulations set forth in Chapter 1159, attached hereto as Exhibit "D". and incorporated herein by reference. b. The Development shall be comprised of no more than sixty (60) residential units (the "Units"). A minimum of eighteen (18) of the Units shall be detached single- story single-family dwellings and all remaining Units sha11 contain a first floor master bedroom and a first floor living area. Not more than forty-two (42) of the Units sha11 be attached single-fanuly dwellings ("Attached Units"). Notwithstanding anything herein to the contrary, a11 the Units fronting on Highland Road shall be single-story single-family detached dwellings. c. The Development shall be governed by homeowner association bylaws, pursuant to Chapter 1159, which sha11 be submitted to the Village for review and approval prior to being enacted. d. The Development shall include the following amenities: one (1) tennis court, a community room/club house, an outdoor pool, and a trail connector to the Village's dedicated Bruce G. Rinker Greenway, located adjacent to the Development (the "Amenities"). Developer shall, at its own reasonable expense, obtain any easements necessary for the trail connector and the necessary improvements consistent with the design of the Bruce G. Rinker Greenway. If any required easements for the trail connector cannot be obtained, in an arms-length transaction, the Village may use its best efforts to acquire said easement at which time Developer shall be responsible for the reasonable cost of the easement and the construction of said trail connector. For the purposes of this Section, the reasonable cost for obtaining the easement shall be the Fair Market Value of the servient property and the cost of the construction of the trail connector shall not exceed $65,000.00. In the event the cost of the construction of the trail connector exceeds $65,000.00, the Village at its option may pay the additional costs over $65,000.00 for the construction of the trail connector. 4