Offsite Development Impacts/PACE Park and Ride Facility Sample Clauses

Offsite Development Impacts/PACE Park and Ride Facility. Developer acknowledges that a portion of the Village Property is presently under development as and for a PACE Park and Ride Facility along with that portion of Depot Drive necessary to provide access thereto, as depicted on the Village Property Concept Plan, and that as such, that portion of the Village Property cannot be acquired by Developer pursuant to this Agreement. To permit and facilitate Developer’s potential development of the Village Property as contemplated by this Agreement, Village shall take all actions necessary to ensure that the PACE Park and Ride Facility and associated portion of Depot Drive is developed in a manner consistent with its depiction on the Village Property Concept Plan, and to ensure that all construction activities related to the PACE Park and Ride Facility and associated portion of Depot Drive are conducted within the area allotted for the development of the same on the Village Property Concept Plan, including but not limited to the construction of any necessary public or private infrastructure and the disposition of any excess soil or other excavated materials. Likewise, Village shall also take such actions as may be necessary to ensure that no other offsite construction or development activities encroach upon or otherwise reduce the area of the Village Property otherwise available to Developer for potential development under this Agreement. Notwithstanding anything herein to the contrary, Developer acknowledges that Village has constructed or will cause the construction of an offsite detention swale to serve the detention and drainage needs of the PACE Park and Ride Facility, which detention swale is or will be outside the lot or area allotted for the development of the PACE Park and Ride Facility as depicted on the Village Property Concept Plan, and that its development of such portions of the Village Property as it may acquire hereunder shall be required to accommodate and maintain the existence of the aforementioned PACE Park and Ride Facility offsite detention swale.
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