Common use of Dedication and Acceptance of Road 1 and Road 2 for Maintenance Clause in Contracts

Dedication and Acceptance of Road 1 and Road 2 for Maintenance. Xxx Xxxx 0 xxx Xxxx 2 rights-of-way shall be dedicated to and accepted by the Town for permanent maintenance as follows: 5.2.1.3.1. Xxxx 0 xxx Xxxx 0 xxxxx xx dedicated to the Town either by plat or deed no later than two (2) years following the completion of public access to Timber Drive, and the Town shall accept the dedication of the same, but the Town shall not be responsible for the related maintenance, repair, and replacement responsibilities for such road, until the events specified in this Section have occurred. 5.2.1.3.2. Following dedication to the Town, the Town shall assume the obligation to maintain, repair, and/or replace Road 1 (excluding the landscape median) or Road 2 (individually, the “Relevant Road”) after the last of the following occurs with respect to the Relevant Road (such date being hereinafter referred to as the “Road Maintenance Trigger Date”): (a) the Town has finally accepted the Relevant Road segment after expiration of the required two year warranty period in accordance with the terms of the development improvements agreement permitting initial construction of the Relevant Road segment; (b) certificates of occupancy (whether temporary or final) have been obtained for no less than twenty-five percent (25%) of the DUs, where applicable, or twenty-five percent (25%) of the OAUs or CSF, as applicable, platted on any final subdivision plat of a portion or portions of the Property that includes the Relevant Road segment; and (c) sufficient contiguous portions of Xxxx 0 xxx/xx Xxxx 2 have been completed to allow for continuous access to the Relevant Road segment, and, to the extent the Relevant Road segment results in a dead-end, a temporary turnaround area or hammerhead has been constructed at the end of the Relevant Road segment sufficient to permit Town emergency services and maintenance vehicles to safely access the Relevant Road segment. Notwithstanding the foregoing, however, the Town shall accept for maintenance all of Xxxx 0, Xxxx 0, the bridge over the Union Pacific Railroad right-of-way, and the roadway connection of Road 1 to Timber Drive upon expiration of the two-year warranty period following preliminary acceptance of the last of the foregoing infrastructure improvements by the Town.

Dedication and Acceptance of Road 1 and Road 2 for Maintenance. Xxx Xxxx 0 xxx Xxxx 2 rights-of-way shall be dedicated to and accepted by the Town for permanent maintenance as follows: 5.2.1.3.1. Xxxx 0 xxx Xxxx 0 xxxxx xx dedicated to the Town either by plat or deed no later than two (2) years following the completion of continuous public access from Xxxxxxx Road to Timber Drive, and the Town shall accept the dedication of the same, but the Town shall not be responsible for the related maintenance, repair, and replacement responsibilities for such road, until the events specified in this Section have occurred. 5.2.1.3.2. Following dedication to the Town, the Town shall assume the obligation to maintain, repair, and/or replace replace, as applicable, Road 1 (excluding the landscape divided median) or and Road 2 (individually, the “Relevant Road”) after the last of the following occurs with respect to the Relevant Road (such date being hereinafter referred to as the “Road Maintenance Trigger Date”): (a) the Town has finally accepted the Relevant Road segment after expiration of the required two year warranty period in accordance with the terms of the development improvements agreement permitting initial construction of the Relevant Road segment; (b) certificates of occupancy (whether temporary or final) have been obtained for no less than twenty-five percent (25%) of the DUs, where applicable, or twenty-five percent (25%) of the OAUs or CSF, as applicable, platted on any final subdivision plat of a portion or portions of the Property that includes the Relevant Road segment, other than that portion of; and (c) sufficient contiguous portions of Xxxx 0 xxx/xx Xxxx 2 have been completed to allow for continuous access to the Relevant Road segment, and, to the extent the Relevant Road segment results in a dead-end, a temporary turnaround area or hammerhead has been constructed at the end of the Relevant Road segment sufficient to permit Town emergency services and maintenance vehicles to safely access the Relevant Road segment. Notwithstanding the foregoingprovided, however, if Xxxx 0 xxxx Xxxxxxx Xxxx to the Road 1-Road 2 intersection andis accepted by the Town shall accept for maintenance maintenance, repair and replacement, then all of Xxxx 0, Xxxx 0, the bridge over the Union Pacific Railroad right-of-way, and the roadway connection that portion of Road 2 thatconnecting Road 1 to Timber Drive upon expiration of the two-year warranty period following preliminary acceptance of the last of shall also be accepted for Town maintenance, repair and replacement even if Road 2 does not have anyotherwise meet the foregoing infrastructure improvements by the Town.certificate of occupancy threshold percentage as a condition of Town maintenance, repair and replacement as hereinafter providedrequirement; and

Dedication and Acceptance of Road 1 and Road 2 for Maintenance. Xxx Xxxx 0 xxx Xxxx 2 rights-of-way shall be dedicated to and accepted by the Town for permanent maintenance as follows: 5.2.1.3.1. Xxxx 0 xxx Xxxx 0 xxxxx xx dedicated to the Town either by plat or deed no later than two (2) years following the completion of public access to Timber Drive, and the Town shall accept the dedication of the same, but the Town shall not be responsible for the related maintenance, repair, and replacement responsibilities for such road, until the events specified in this Section have occurred. 5.2.1.3.2. Following dedication to the Town, the Town shall assume the obligation to maintain, repair, and/or replace replace, as applicable, Road 1 (excluding the landscape divided median) or and Road 2 (individually, the “Relevant Road”) after the last of the following occurs with respect to the Relevant Road (such date being hereinafter referred to as the “Road Maintenance Trigger Date”): (a) the Town has finally accepted the Relevant Road segment after expiration of the required two year warranty period in accordance with the terms of the development improvements agreement permitting initial construction of the Relevant Road segment; (b) certificates of occupancy (whether temporary or final) have been obtained for no less than twenty-five percent (25%) of the DUs, where applicable, or twenty-five percent (25%) of the OAUs or CSF, as applicable, platted on any final subdivision plat of a portion or portions of the Property that includes the Relevant Road segment, other than that portion of Road 1 from Xxxxxxx Road to the Road 1-Road 2 intersection and all of that portion of Road 2 that does not have any certificate of occupancy threshold percentage as a condition of Town maintenance, repair and replacement as hereinafter provided; and (c) sufficient contiguous portions of Xxxx 0 xxx/xx Xxxx 2 have been completed to allow for continuous access to the Relevant Road segment, and, to the extent the Relevant Road segment results in a dead-end, a temporary turnaround area or hammerhead has been constructed at the end of the Relevant Road segment sufficient in the Town’s determination to permit Town emergency services and maintenance vehicles to safely access the Relevant Road segment. Notwithstanding the foregoing, however, the Town shall accept for maintenance maintenance, repair and replacement all of Xxxx 0, Xxxx 0, the bridge over the Union Pacific Railroad right-of-way, and the roadway connection of Road 1 to Timber Drive upon expiration of the two-year warranty period following preliminary acceptance of the last of the foregoing infrastructure improvements by the TownTown if, and only if, such improvements are determined by the Town to be in acceptable condition at that time.

Dedication and Acceptance of Road 1 and Road 2 for Maintenance. Xxx Xxxx 0 xxx Xxxx 2 rights-of-way shall be dedicated to and accepted by the Town for permanent maintenance as follows: 5.2.1.3.1. Xxxx 0 xxx Xxxx 0 xxxxx xx dedicated to the Town either by plat or deed no later than two (2) years following the completion of public access to Timber Drive, and the Town shall accept the dedication of the same, but the Town shall not be responsible for the related maintenance, repair, and replacement responsibilities for such road, until the events specified in this Section have occurred. 5.2.1.3.2. Following dedication to the Town, the Town shall assume the obligation to maintain, repair, and/or replace replace, as applicable, Road 1 (excluding the landscape landscapedivided median) or xxxxx Road 2 (individually, the “Relevant Road”) after the last of the following occurs with respect to the Relevant Road (such date being hereinafter referred to as the “Road Maintenance Trigger Date”): (a) the Town has finally accepted the Relevant Road segment after expiration of the required two year warranty period in accordance with the terms of the development improvements agreement permitting initial construction of the Relevant Road segment; (b) certificates of occupancy (whether temporary or final) have been obtained for no less than twenty-five percent (25%) of the DUs, where applicable, or twenty-five percent (25%) of the OAUs or CSF, as applicable, platted on any final subdivision plat of a portion or portions of the Property that includes the Relevant Road segment, other than that portion of Road 1 from Xxxxxxx Road to the Road 1-Road 2 intersection and all of that portion of Road 2 that does not have any certificate of occupancy threshold percentage as a condition of Town maintenance, repair and replacement as hereinafter provided; and (c) sufficient contiguous portions of Xxxx 0 xxx/xx Xxxx 2 have been completed to allow for continuous access to the Relevant Road segment, and, to the extent the Relevant Road segment results in a dead-end, a temporary turnaround area or hammerhead has been constructed at the end of the Relevant Road segment sufficient in the Town’s determination to permit Town emergency services and maintenance vehicles to safely access the Relevant Road segment. Notwithstanding the foregoing, however, the Town shall accept for maintenance maintenance, repair and replacement all of Xxxx 0, Xxxx 0, the bridge over the Union Pacific Railroad right-of-way, and the roadway connection of Road 1 to Timber Drive upon expiration of the two-year warranty period following preliminary acceptance of the last of the foregoing infrastructure improvements by the TownTown if, and only if, such improvements are determined by the Town to be in acceptable condition at that time.

Dedication and Acceptance of Road 1 and Road 2 for Maintenance. Xxx Xxxx 0 xxx Xxxx 2 rights-of-way shall be dedicated to and accepted by the Town for permanent maintenance as follows: 5.2.1.3.1. Xxxx 0 xxx Xxxx 0 xxxxx xx dedicated to the Town either by plat or deed no later than two (2) years following the completion of continuous public access from Xxxxxxx Road to Timber Drive, and the Town shall accept the dedication of the same, but the Town shall not be responsible for the related maintenance, repair, and replacement responsibilities for such road, until the events specified in this Section have occurred. 5.2.1.3.2. Following dedication to the Town, the Town shall assume the obligation to maintain, repair, and/or replace replace, as applicable, Road 1 (excluding the landscape divided median) or and Road 2 (individually, the “Relevant Road”) after the last of the following occurs with respect to the Relevant Road (such date being hereinafter referred to as the “Road Maintenance Trigger Date”): (a) the Town has finally accepted the Relevant Road segment after expiration of the required two year warranty period in accordance with the terms of the development improvements agreement permitting initial construction of the Relevant Road segment; (b) certificates of occupancy (whether temporary or final) have been obtained for no less than twenty-five percent (25%) of the DUs, where applicable, or twenty-five percent (25%) of the OAUs or CSF, as applicable, platted on any final subdivision plat of a portion or portions of the Property that includes the Relevant Road segment; provided, however, if Road 1 from Xxxxxxx Road to the Road 1-Road 2 intersection is accepted by the Town for maintenance, repair and replacement, then all of Road 2 connecting Road 1 to Timber Drive shall also be accepted for Town maintenance, repair and replacement even if Road 2 does not otherwise meet the foregoing certificate of occupancy threshold percentage requirement; and (c) sufficient contiguous portions of Xxxx 0 xxx/xx Xxxx 2 have been completed to allow for continuous access to the Relevant Road segment, and, to the extent the Relevant Road segment results in a dead-end, a temporary turnaround area or hammerhead has been constructed at the end of the Relevant Road segment sufficient in the Town’s determination to permit Town emergency services and maintenance vehicles to safely access the Relevant Road segment. Notwithstanding the foregoing, however, the Town shall accept for maintenance maintenance, repair and replacement without any certificate of occupancy threshold percentage being satisfied, all of Xxxx 0, Xxxx 0Road 1, the bridge over the Union Pacific Railroad right-of-way, and the roadway connection of Road 1 to Road 2, and Road 2 connecting Road 1 to Timber Drive Drive, upon expiration of the two-year warranty period following preliminary acceptance of the last of the foregoing infrastructure improvements by the TownTown if, and only if, such improvements are determined by the Town to be in acceptable condition at that time.