Common use of Dedications Required Prior to Design Clause in Contracts

Dedications Required Prior to Design. If the County requests a Dedication as to Wyndfields Boulevard, or any portion thereof, or Xxxxxxx Road prior to Developer completing the design thereof and of the intersection and drainage/retention, wetland and floodplain mitigation areas associated therewith, then within forty-five (45) days after the County’s request therefor, Developer shall designate the alignment of the Dedication and the configuration of the intersection, drainage/retention, wetland and floodplain mitigation areas, or portions thereof which have not yet been designed, to be conveyed to the County (whether by fee or easement in accordance with the other terms of this Agreement), for the County’s review and approval, which will not be withheld unreasonably. If Developer fails to designate such alignment and areas within such 45-day period, then the County shall have the right to design or cause to be designed by a third party the right-of- way alignment associated with such Dedication and the configuration of associated intersection, drainage/retention, wetland and floodplain mitigation areas, provided that any such design work shall begin with any design work, or component thereof, then completed, approved by any governmental agency, or in process, whether conceptual or otherwise (which Developer will make available to the County for such purpose), including any right-of-way maps, master roadway plans, preliminary plans, drainage/retention, wetland and/or floodplain mitigation plans and/or permits, and such design shall be subject to Developer’s review and approval, which approval will not be withheld unreasonably provided that Developer’s planned density and overall conceptual project design is not impacted adversely or materially. Developer shall not be entitled to reimbursement for any such existing design work utilized by the County or a third party, and will not be required to incur additional expenses associated with the work of the County or such third party. If the County has requested Dedication of Wyndfields Boulevard, or portion thereof, or Xxxxxxx Road, and the design thereof is not yet complete, then Developer shall dedicate such right-of-way, and associated intersections, drainage/retention, wetland and floodplain mitigation areas within thirty (30) days after the design is completed pursuant to the terms of this paragraph.