Common use of Oldswood Avenue Realignment Clause in Contracts

Oldswood Avenue Realignment. Condition No. 26 of the MPUD requires the Developer to convey to the County 80 feet of right-of-way in the southwestern portion of the Property, as conceptually shown on the master plan for the MPUD, for an east-west collector commonly known as Oldswood Avenue. The County now desires to realign Oldswood Avenue in the southwestern and southeastern portions of the MPUD and has requested that the Developer cooperate in such realignment in coordination with properties located to the west, south and east of the MPUD. In that regard, in consideration of the terms and conditions of this Agreement, the Developer agrees that the County may realign Oldswood Avenue as a 142-foot right-of-way anywhere within the areas of the MPUD generally depicted on Exhibits C and D attached hereto (“Oldswood Designated Areas”), and utilize any remaining portion of the Oldswood Designated Areas for drainage/retention/wetland and flood plain mitigation associated with Oldswood Avenue. Within ninety (90) days after the County’s request, the Developer shall convey at no cost to the County fee title to 142 feet of right-of-way, and drainage/retention/wetland and flood plain mitigation areas (by deed or non-exclusive easement, as elected by Developer), within the Oldswood Designated Areas as determined necessary by a planning, design and engineering study to be obtained by the County; provided, however, if the County has not requested such dedications on or before the concurrency expiration date set forth in Paragraph 8.b., below, then the Developer shall be free to develop the Oldswood Designated Areas and/or convey the Oldswood Designated Areas to a community development district, homeowners’ association or property owners’ association, associated with portions of the Project. Once the Developer conveys to the County the one hundred forty-two (142) feet of right-of-way for Oldswood Avenue and the drainage/retention/wetland and flood plain mitigation areas or easements in accordance with this subparagraph g., the remainder of the Oldswood Designated Areas shall no longer be subject to the provisions of this subparagraph g., and the Developer shall be free to develop same in accordance with the MPUD Conditions of Approval. To the extent that the Developer’s obligations as set forth in this subparagraph g., or the location or extent of the Oldswood Designated Areas conflict with any of the MPUD Conditions of Approval, including, without limitation, Condition No. 26, then the terms and conditions of this subparagraph and Exhibits C and D attached hereto shall control and supersede such conflicting MPUD Conditions of Approval. The foregoing notwithstanding, the Developer shall have the right, but not the obligation, to proceed with planning, design, engineering and development of areas within the MPUD in such a manner as to accommodate in non-exclusive, commingled areas (as permitted by Paragraphs 7.c. and 7.d., below) outside of the Oldswood Designated Areas the drainage/retention/wetland and flood plain mitigation associated with Oldswood Avenue.