Common use of Open Space and Parks Clause in Contracts

Open Space and Parks. a) The Property will incorporate open space, parks and recreation areas as an integral part of the Property. These amenities shall be coordinated and applied in a comprehensive manner across the entire Property. Additional details for the open spaces are provided in Exhibit J to this Agreement. This section sets forth the requirements governing open space, parks and recreation areas associated with the Property. The Developer Owner shall make the parks available in a condition that protects the general safety and welfare of the public. b) Designated parks shall remain parks and not be developed for other uses. c) The design for individual parks shall be approved by the Town Manager prior to the construction of the parks and open spaces. The plans for the parks shall include information regarding amenities, utilities, hardscape, stormwater management facilities, plantings, bicycle parking, signage, lighting, and additional information as appropriate. 1) Xxxxxx Creek Preserve (see (2)(i-iii) below), which contains the Quarry, shall be preserved in perpetuity through a deed to the Town of Chapel Hill for preservation and recreation and additional conservation measures that are taken by the Town of Chapel Hill upon receipt of said deed. 2) The Xxxxxx Creek Preserve shall exclude the following: i. Approximately 2.9 acres of isolated property north of the parcel with the Parcel Identifier Number 9787243925 and east of Xxxxxx Creek Managed Use Zone; ii. A 100 foot buffer strip extending from the western limits of (2)(i) above to 15-501 iii. A 100 foot buffer along the southern boundary west of Xxxxxx Creek common to the parcel with the Parcel Identifier Number 9787028120 and extending to US Highway 15-501. 3) A linear park along Xxxxxx Creek Lane will include all lands from Xxxxxx Creek Xxxx to the Xxxxxx Creek Preserve, hereinafter referred to as “Xxxxxx Creek Park” and totaling approximately 3 acres, as shown in Exhibit J. 4) Overlook Park shall be located along Xxxxxx Creek Lane. 5) A neighborhood park space, hereinafter referred to as “Highland Park,” shall consist of a minimum of 1.2 acres, as shown in Exhibit J. The park shall be suitable for both passive and active recreation and shall be designed as a community gathering space. Highland Park shall include a water feature, and public-access restrooms shall be provided adjacent or accessible to Highland Park with appropriate signage. The restrooms shall be maintained by the Developer Owner or Representative for the term of this Agreement and beyond the expiration of this Agreement. The Parks, Greenways, and Recreation Commission shall be consulted on the design of the water feature at Highland Park. 6) Xxxxxx Creek Preserve, the Quarry in Xxxxxx Creek Preserve, Overlook Park, and Highland Park shall be open to the public at the issuance of the Certificate of Occupancy for the first free-standing building on the Developed Property. 7) Prior to issuance of the Certificate of Occupancy for the first free-standing building on the Developed Property, the following conditions shall be met: i. Town approval of the park plan; ii. The single pedestrian/maintenance bridge over Xxxxxx Creek is constructed; iii. The quarry restoration is complete; iv. At least one trail to the quarry has been constructed; v. A deed for the Xxxxxx Creek Preserve has been submitted to the Town. 8) The Developer Owner or Representative shall maintain the pedestrian/maintenance bridge over Xxxxxx Creek beyond the expiration of this Agreement. 9) The Xxxxxx Creek Linear Park shall be available to the public as immediately adjacent townhouse buildings are issued Certificates of Occupancy. 10) The paved sidepath, built to AASHTO or NACTO standards, shall be provided along the Developed Property’s entire frontage of US Highway 15-501. In areas where gaps in the property lines exist the developer shall build the sidepath within NCDOT’s right of way, if NCDOT grants permission for such construction. Construction of each segment of the sidepath shall be completed at the same time as adjacent buildings. d) The Developer Owner and Parcel Owners shall grant a public access easement to the Town over all parks, greenways, trails, and sidepaths. The easements shall make all such facilities available to the public; permitting public use of the parks subject to the Town’s normal rules of use. Park identification signage shall include language indicating that public access to the park is permitted. e) The Developer Owner or Representative shall maintain the open space and parks for the term of this Agreement and beyond the expiration of this Agreement.

Open Space and Parks. a) The Property will incorporate open space, parks and recreation areas as an integral part of the Property. These amenities shall be coordinated and applied in a comprehensive manner across the entire Property. Additional details for the open spaces are provided in Exhibit J B to this Agreement. This section sets forth the requirements governing open space, parks and recreation areas associated with the Property. The Developer Owner shall make the parks available in a condition that protects the general safety and welfare of the public. b) Designated parks shall remain parks and not be developed for other uses. c) . The design for individual parks shall be approved by the Town Manager prior to the construction of the parks Manager, and open spaces. The plans for the parks shall include information regarding amenities, utilities, hardscape, stormwater management facilities, plantings, bicycle parking, signage, lighting, and additional information as appropriate. 1) . Xxxxxx Creek Preserve (see (2)(i-iii) below)Preserve, which contains the Restored Quarry, shall be preserved in perpetuity through a deed dedication to the Town of Chapel Hill for preservation and recreation and consideration of additional conservation measures that are taken by the Town of Chapel Hill upon receipt of said deed. 2) The Xxxxxx Creek Preserve shall exclude the following: i. Approximately 2.9 acres of isolated property north of the parcel with the Parcel Identifier Number 9787243925 and east of Xxxxxx Creek Managed Use Zone; ii. A 100 foot buffer strip extending from the western limits of (2)(i) above to 15-501 iii. A 100 foot buffer along the southern boundary west of Xxxxxx Creek common to the parcel with the Parcel Identifier Number 9787028120 and extending to US Highway 15-501. 3) A linear park along Xxxxxx Creek Lane will include all lands from Xxxxxx Creek Xxxx Lane to the Xxxxxx Creek Preserve, hereinafter referred to as “Xxxxxx Creek Park” and totaling approximately 3 acresacre, as shown in Exhibit J. 4) B. Overlook Park shall be is located along Xxxxxx Creek Lane. 5) . A neighborhood park space, hereinafter referred to as “Highland Park,” shall consist of a minimum of 1.2 acres, as shown in Exhibit J. B. The park shall be suitable for both passive and active recreation and shall be designed as a community gathering space. Highland Park shall include a water feature, and public-access restrooms shall be provided adjacent or accessible to Highland Park with appropriate signage. The restrooms shall be maintained by the Developer Owner or Representative for the term of this Agreement and beyond the expiration of this Agreement. The Parks, Greenways, and Recreation Commission shall be consulted on the design of the water feature at Highland Park. 6) Xxxxxx Creek Preserve, the Restored Quarry in Xxxxxx Creek Preserve, Overlook Park, and Highland Park shall be open to the public at the issuance of the Certificate of Occupancy for the first free-standing building on the Developed Property. 7) . Prior to issuance of the Certificate of Occupancy for the first free-standing building on the Developed PropertyOccupancy, the following conditions shall be met: i. Town approval of the park plan; ii. : The single pedestrian/maintenance bridge over Xxxxxx Creek is constructed; iii. ; The quarry restoration is complete; iv. ; At least one trail to the quarry has been constructed; v. ; A deed for the Xxxxxx Creek Preserve has been submitted to the Town. 8) ; A conservation easement has been submitted to the Town. The Developer Owner or Representative shall maintain the pedestrian/maintenance bridge over Xxxxxx Creek beyond the expiration of this Agreement. 9) The Xxxxxx Creek Linear Park shall be available to the public as immediately adjacent townhouse buildings are issued Certificates a Certificate of Occupancy. 10) . The paved sidepath, built to AASHTO or NACTO standards, shall be provided along the Developed Propertyproperty’s entire frontage of US Highway 15-501. In areas where gaps in the property lines exist the developer shall build the sidepath within NCDOT’s right of way, if NCDOT grants permission for such construction. Construction of each segment of the sidepath shall be completed at the same time as adjacent buildings. d) . The Developer Owner and Parcel Owners shall grant a public access easement to the Town over all parks, greenways, trails, and sidepaths. The easements shall make all such facilities available to the public; permitting public use of the parks subject to the Town’s normal rules of use. Park identification signage shall include language indicating that public access to the park is permitted. e) The Developer Owner or Representative shall maintain the open space and parks for the term of this Agreement and beyond the expiration of this Agreement.

Open Space and Parks. Updated information (April 9, 2015) a) The Property will incorporate open space, parks and recreation areas as an integral part of the Property. These amenities shall be coordinated and applied in a comprehensive manner across the entire Property. Additional details for the open spaces are provided in Exhibit J B to this Agreement. This section sets forth the requirements governing open space, parks and recreation areas associated with the Property. The Developer Owner shall make the parks available in a condition that protects the general safety and welfare of the public. b) Designated parks shall remain parks and not be developed for other uses. c) The design for individual parks shall be approved by the Town Manager prior to the construction of the parks Manager, and open spaces. The plans for the parks shall include information regarding amenities, utilities, hardscape, stormwater management facilities, plantings, bicycle parking, signage, lighting, and additional information as appropriate. 1) Xxxxxx Creek Preserve (see (2)(i-iii) below)Preserve, which contains the Restored Quarry, shall be preserved in perpetuity through a deed dedication to the Town of Chapel Hill for preservation and recreation and consideration of additional conservation measures that are taken by the Town of Chapel Hill upon receipt of said deed. 2) The Xxxxxx Creek Preserve shall exclude the following: i. Approximately 2.9 acres of isolated property north of the parcel with the Parcel Identifier Number 9787243925 and east of Xxxxxx Creek Managed Use Zone; ii. A 100 foot buffer strip extending from the western limits of (2)(i) above to 15-501 iii. A 100 foot buffer along the southern boundary west of Xxxxxx Creek common to the parcel with the Parcel Identifier Number 9787028120 and extending to US Highway 15-501. 3) A linear park along Xxxxxx Creek Lane will include all lands from Xxxxxx Creek Xxxx Lane to the Xxxxxx Creek Preserve, hereinafter referred to as “Xxxxxx Creek Park” and totaling approximately 3 acresacre, as shown in Exhibit J.B. 43) Overlook Park shall be is located along Xxxxxx Creek Lane. 54) A neighborhood park space, hereinafter referred to as “Highland Park,” shall consist of a minimum of 1.2 acres, as shown in Exhibit J. B. The park shall be suitable for both passive and active recreation and shall be designed as a community gathering space. Highland Park shall include a water feature, and public-access restrooms shall be provided adjacent or accessible to Highland Park with appropriate signage. The restrooms shall be maintained by the Developer Owner or Representative for the term of this Agreement and beyond the expiration of this Agreement. The Parks, Greenways, and Recreation Commission shall be consulted on the design of the water feature at Highland Park. 65) Xxxxxx Creek Preserve, the Restored Quarry in Xxxxxx Creek Preserve, Overlook Park, and Highland Park shall be open to the public at the issuance of the Certificate of Occupancy for the first free-standing building on the Developed Property. 76) Prior to issuance of the Certificate of Occupancy for the first free-standing building on the Developed PropertyOccupancy, the following conditions shall be met: i. Town approval of the park plan; ii. The single pedestrian/maintenance bridge over Xxxxxx Creek is constructed; iiiii. The quarry restoration is complete; iviii. At least one trail to the quarry has been constructed; v. iv. A deed for the Xxxxxx Creek Preserve has been submitted to the Town; v. A conservation easement has been submitted to the Town. 8) The Developer Owner or Representative shall maintain the pedestrian/maintenance bridge over Xxxxxx Creek beyond the expiration of this Agreement. 97) The Xxxxxx Creek Linear Park shall be available to the public as immediately adjacent townhouse buildings are issued Certificates a Certificate of Occupancy. 10) 8) The paved sidepath, built to AASHTO or NACTO standards, shall be provided along the Developed Propertyproperty’s entire frontage of US Highway 15-501. In areas where gaps in the property lines exist the developer shall build the sidepath within NCDOT’s right of way, if NCDOT grants permission for such construction. Construction of each segment of the sidepath shall be completed at the same time as adjacent buildings. dc) The Developer Owner and Parcel Owners shall grant a public access easement to the Town over all parks, greenways, trails, and sidepaths. The easements shall make all such facilities available to the public; permitting public use of the parks subject to the Town’s normal rules of use. Park identification signage shall include language indicating that public access to the park is permitted. e) The Developer Owner or Representative shall maintain the open space and parks for the term of this Agreement and beyond the expiration of this Agreement.

Open Space and Parks. Updated information (June 10, 2015) a) The Property will incorporate open space, parks and recreation areas as an integral part of the Property. These amenities shall be coordinated and applied in a comprehensive manner across the entire Property. Additional details for the open spaces are provided in Exhibit J to this Agreement. This section sets forth the requirements governing open space, parks and recreation areas associated with the Property. The Developer Owner shall make the parks available in a condition that protects the general safety and welfare of the public. b) Designated parks shall remain parks and not be developed for other uses. c) The design for individual parks shall be approved by the Town Manager prior to the construction of the parks and open spaces. The plans for the parks shall include information regarding amenities, utilities, hardscape, stormwater management facilities, plantings, bicycle parking, signage, lighting, and additional information as appropriate. 1) Xxxxxx Creek Preserve (see (2)(i-iii) below), which contains the Quarry, shall be preserved in perpetuity through a deed to the Town of Chapel Hill for preservation and recreation and additional conservation measures that are taken by the Town of Chapel Hill upon receipt of said deed. 2) The Xxxxxx Creek Preserve shall exclude the following: i. Approximately 2.9 acres of isolated property north of the parcel with the Parcel Identifier Number 9787243925 and east of Xxxxxx Creek Managed Use Zone; ii. A 100 foot buffer strip extending from the western limits of (2)(i) above to 15-501 iii. A 100 foot buffer along the southern boundary west of Xxxxxx Creek common to the parcel with the Parcel Identifier Number 9787028120 and extending to US Highway 15-501. 3) A linear park along Xxxxxx Creek Lane will include all lands from Xxxxxx Creek Xxxx Lane to the Xxxxxx Creek Preserve, hereinafter referred to as “Xxxxxx Creek Park” and totaling approximately 3 acres, as shown in Exhibit J. 4) Overlook Park shall be located along Xxxxxx Creek Lane. 5) A neighborhood park space, hereinafter referred to as “Highland Park,” shall consist of a minimum of 1.2 acres, as shown in Exhibit J. The park shall be suitable for both passive and active recreation and shall be designed as a community gathering space. Highland Park shall include a water feature, and public-access restrooms shall be provided adjacent or accessible to Highland Park with appropriate signage. The restrooms shall be maintained by the Developer Owner or Representative for the term of this Agreement and beyond the expiration of this Agreement. The Parks, Greenways, and Recreation Commission shall be consulted on the design of the water feature at Highland Park. 6) Xxxxxx Creek Preserve, the Quarry in Xxxxxx Creek Preserve, Overlook Park, and Highland Park shall be open to the public at the issuance of the Certificate of Occupancy for the first free-standing building on the Developed Property. 7) Prior to issuance of the Certificate of Occupancy for the first free-standing building on the Developed Property, the following conditions shall be met: i. Town approval of the park plan; ii. The single pedestrian/maintenance bridge over Xxxxxx Creek is constructed; iii. The quarry restoration is complete; iv. At least one trail to the quarry has been constructed; v. A deed for the Xxxxxx Creek Preserve has been submitted to the Town. 8) The Developer Owner or Representative shall maintain the pedestrian/maintenance bridge over Xxxxxx Creek beyond the expiration of this Agreement. 9) The Xxxxxx Creek Linear Park shall be available to the public as immediately adjacent townhouse buildings are issued Certificates of Occupancy. 10) The paved sidepath, built to AASHTO or NACTO standards, shall be provided along the Developed Property’s entire frontage of US Highway 15-501. In areas where gaps in the property lines exist the developer shall build the sidepath within NCDOT’s right of way, if NCDOT grants permission for such construction. Construction of each segment of the sidepath shall be completed at the same time as adjacent buildings. d) The Developer Owner and Parcel Owners shall grant a public access easement to the Town over all parks, greenways, trails, and sidepaths. The easements shall make all such facilities available to the public; permitting public use of the parks subject to the Town’s normal rules of use. Park identification signage shall include language indicating that public access to the park is permitted. e) The Developer Owner or Representative shall maintain the open space and parks for the term of this Agreement and beyond the expiration of this Agreement.

Open Space and Parks. aUpdated information (this section focuses on the developed portion of the Property) – (March 20April 9, 2015) The Property will incorporate open space, parks and recreation areas as an integral part of the Property. These amenities shall be coordinated and applied in a comprehensive manner across the entire Property. Additional details for the open spaces are provided in Exhibit J B to this Agreement. This section sets forth the requirements governing open space, parks and recreation areas associated with the Property. The Developer Owner shall make the parks available in a condition that protects the general safety and welfare of the public. b) Designated parks . The park space within the Property shall remain parks and not be developed for other uses. c) completed as follows: The design for individual parks shall be approved by the Town Manager prior to the construction of the parks Manager, and open spaces. The plans for the parks shall include information regarding amenities, utilities, hardscape, stormwater management facilities, plantings, bicycle parking, signage, lighting, and additional information as appropriate. 1) . Xxxxxx Creek Preserve (see (2)(i-iii) below)Preserve, which contains the Restored Quarry, shall be preserved in perpetuity through a deed dedication to the Town of Chapel Hill for preservation and recreation and consideration of additional conservation measures that are taken by the Town of Chapel Hill upon receipt of said deed. 2) The Xxxxxx Creek Preserve shall exclude the following: i. Approximately 2.9 acres of isolated property north of the parcel with the Parcel Identifier Number 9787243925 and east of Xxxxxx Creek Managed Use Zone; ii. A 100 foot buffer strip extending from the western limits of (2)(i) above to 15-501 iii. A 100 foot buffer along the southern boundary west of Xxxxxx Creek common to the parcel with the Parcel Identifier Number 9787028120 and extending to US Highway 15-501. 3) A linear park along Xxxxxx Creek Lane DriveLane will include all lands from Xxxxxx Creek Xxxx DriveLane to the Xxxxxx Creek Preserve, hereinafter referred to as “Xxxxxx Creek Park” and totaling approximately 3 acresacre, as shown in Exhibit J. 4) Overlook X. Xxxxxx Creek Park shall be completed once the overall development has reached 80% buildout. Overlook Park is located along Xxxxxx Creek Lane. 5) . A neighborhood park space, hereinafter referred to as “Highland Park,” shall consist of a minimum of 1.2 acres, as shown in Exhibit J. B. The park shall be suitable for both passive and active recreation and shall be designed as a community gathering space. Highland Park shall include a water feature, and public-access restrooms shall be provided adjacent or accessible to Highland Park with appropriate signage. The restrooms shall be maintained by completed no later than the Developer Owner or Representative for the term Development of this Agreement and beyond the expiration of this Agreement. The Parks, Greenways, and Recreation Commission shall be consulted on the design 50% of the water feature at Highland Park. 6) Xxxxxx project. AWilson Creek Preserve, the Restored Quarry in Xxxxxx Creek Preserve, Overlook Park, and Highland Park shall be open to the public at the issuance of the Certificate of Occupancy for the first free-standing building on the Developed Property. 7) . Prior to issuance of the Certificate of Occupancy for the first free-standing building on the Developed PropertyOccupancy, the following conditions shall be met: i. Town approval of the park plan; ii. : The single pedestrian/maintenance bridge over Xxxxxx Creek is constructed; iii. ; The quarry restoration is complete; iv. ; At least one trail to the quarry has been constructed; v. ; A deed for the Xxxxxx Creek Preserve has been submitted to the Town. 8) ; A conservation easement has been submitted to the Town. The Developer Owner or Representative shall maintain the pedestrian/maintenance bridge over Xxxxxx Creek beyond the expiration of this Agreement. 9) The Xxxxxx Creek Linear Park shall be available to the public as immediately adjacent townhouse buildings are issued Certificates a Certificate of Occupancy. 10) . The paved sidepath, built to AASHTO or NACTO standards, shall be provided along the Developed Propertyproperty’s entire frontage of US Highway 15-501. In areas where gaps in the property lines exist the developer shall build the sidepath within NCDOT’s right of way, if NCDOT grants permission for such construction. Construction of each segment of the sidepath shall be completed at the same time as adjacent buildings. d) . The entire sidepath must be completed prior to completion of 75% of all planned development within the Property. The Developer Owner shall provide pocket parks situated throughout the Property, as shown in Exhibit B. These pocket parks shall be completed prior to issuance of the final certificate of occupancy for the approved development. The Developer Owner and Parcel Owners shall grant a public access easement to the Town over all parks, greenways, trails, and sidepaths. The easements shall make all such facilities available to the public; permitting public use of the parks subject to the Town’s normal rules of use. Park identification signage shall include language indicating that public access to the park is permitted. e) The Developer Owner or Representative shall maintain the open space and parks for the term of this Agreement and beyond the expiration of this Agreement.

Open Space and Parks. a) The Property will incorporate open space, parks and recreation areas as an integral part of the Property. These amenities shall be coordinated and applied in a comprehensive manner across the entire Property. Additional details for the open spaces are provided in Exhibit J to this Agreement. This section sets forth the requirements governing open space, parks and recreation areas associated with the Property. The Developer Owner shall make the parks available in a condition that protects the general safety and welfare of the public. b) . Designated parks shall remain parks and not be developed for other uses. c) . The design for individual parks shall be approved by the Town Manager prior to the construction of the parks and open spaces. The plans for the parks shall include information regarding amenities, utilities, hardscape, stormwater management facilities, plantings, bicycle parking, signage, lighting, and additional information as appropriate. 1) . Xxxxxx Creek Preserve (see (2)(i-iii) below), which contains the Quarry, shall be preserved in perpetuity through a deed to the Town of Chapel Hill for preservation and recreation and additional conservation measures that are taken by the Town of Chapel Hill upon receipt of said deed. 2) . The Xxxxxx Creek Preserve shall exclude the following: i. : Approximately 2.9 acres of isolated property north of the parcel with the Parcel Identifier Number 9787243925 and east of Xxxxxx Creek Managed Use Zone; ii. ; A 100 foot buffer strip extending from the western limits of (2)(i) above to 15-501 iii. 501 A 100 foot buffer along the southern boundary west of Xxxxxx Creek common to the parcel with the Parcel Identifier Number 9787028120 and extending to US Highway 15-501. 3) . A linear park along Xxxxxx Creek Lane will include all lands from Xxxxxx Creek Xxxx to the Xxxxxx Creek Preserve, hereinafter referred to as “Xxxxxx Creek Park” and totaling approximately 3 acres, as shown in Exhibit J. 4) J. Overlook Park shall be located along Xxxxxx Creek Lane. 5) . A neighborhood park space, hereinafter referred to as “Highland Park,” shall consist of a minimum of 1.2 acres, as shown in Exhibit J. The park shall be suitable for both passive and active recreation and shall be designed as a community gathering space. Highland Park shall include a water feature, and public-access restrooms shall be provided adjacent or accessible to Highland Park with appropriate signage. The restrooms shall be maintained by the Developer Owner or Representative for the term of this Agreement and beyond the expiration of this Agreement. The Parks, Greenways, and Recreation Commission shall be consulted on the design of the water feature at Highland Park. 6) . Xxxxxx Creek Preserve, the Quarry in Xxxxxx Creek Preserve, Overlook Park, and Highland Park shall be open to the public at the issuance of the Certificate of Occupancy for the first free-standing building on the Developed Property. 7) . Prior to issuance of the Certificate of Occupancy for the first free-standing building on the Developed Property, the following conditions shall be met: i. : Town approval of the park plan; ii. ; The single pedestrian/maintenance bridge over Xxxxxx Creek is constructed; iii. ; The quarry restoration is complete; iv. ; At least one trail to the quarry has been constructed; v. ; A deed for the Xxxxxx Creek Preserve has been submitted to the Town. 8) . The Developer Owner or Representative shall maintain the pedestrian/maintenance bridge over Xxxxxx Creek beyond the expiration of this Agreement. 9) . The Xxxxxx Creek Linear Park shall be available to the public as immediately adjacent townhouse buildings are issued Certificates of Occupancy. 10) . The paved sidepath, built to AASHTO or NACTO standards, shall be provided along the Developed Property’s entire frontage of US Highway 15-501. In areas where gaps in the property lines exist the developer shall build the sidepath within NCDOT’s right of way, if NCDOT grants permission for such construction. Construction of each segment of the sidepath shall be completed at the same time as adjacent buildings. d) . The Developer Owner and Parcel Owners shall grant a public access easement to the Town over all parks, greenways, trails, and sidepaths. The easements shall make all such facilities available to the public; permitting public use of the parks subject to the Town’s normal rules of use. Park identification signage shall include language indicating that public access to the park is permitted. e) . The Developer Owner or Representative shall maintain the open space and parks for the term of this Agreement and beyond the expiration of this Agreement.