Batavia Park District Sample Clauses

Batavia Park District. Owner shall dedicate to the Batavia Park District (the “Park District”) certain real property located within Zoning Parcel C, consisting of approximately 20 acres and depicted on Exhibit JH-1 (the “Park District Donation Site”), attached hereto. The dedication shall be made upon the earlier to occur of: (i) the recordation of a Final Plat for any portion of the Property within Zoning Parcel C; or (ii) one hundred twenty (120) days prior to the termination of this Agreement. Said dedication shall be deemed to satisfy in full all obligations of Owner and of the Property to make park and school donations and contributions, except set forth in subsection C, in total for that portion of the Geographic Sectors located within the Batavia School and Park Districts, and in accordance with Chapter 6 of the Subdivision Regulations. Owner agrees, prior to the actual dedication of the Park District Donation Site, to provide immediate access to and possessory use of the 20 -acre site pursuant to an acceptable lease or license agreement (“Early Possession Agreement”) with the Batavia School and Park Districts. The early possession agreement shall entitle the Park District to construct such customary park improvements on the Park District Donation Site and in the event Owner requests the Park District to relocate any such park improvements during the term of this Agreement, any relocation expenses incurred by the Park District shall be paid by the Owner. In exchange for the early possession agreement, Owner shall not be obligated to deliver the Park District Donation Site in conformity with the Site Standards set forth in Chapter 6 of the Subdivision Regulations, and Park District hereby accepts the obligation to develop the Park District Donation Site pursuant to such standards. In addition to the Park District Donation Site, Owner shall, at Owner‟s sole cost, provide easements over and across additional land adjacent to said site to accommodate, on a temporary basis, the required stormwater facilities pursuant to the City‟s Stormwater Management Ordinance. Such easements shall be further provided for in the Early Possession Agreement between Owner and Park District. C. Reservation of Land for Potential Additional Park District Land Dedication. The Parties agree that the 20-acre parcel to be dedicated as described above in Paragraph B, and as set forth on Exhibit JH-1, satisfies the total land/cash dedication requirement to the Batavia Parks and Schools based on the foll...
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