Common use of Pennsylvania Avenue Extension Clause in Contracts

Pennsylvania Avenue Extension. Prior to issuance of a certificate of occupancy, Developer shall, at its sole cost and expense, dedicate, improve and complete construction of public street, from the easterly boundary of the Property to the westerly boundary of the Property, that would be the easterly extension of Pennsylvania Avenue (the “Pennsylvania Avenue Extension”), containing approximately 20,290 square feet as depicted on Exhibit “G-1” attached hereto (such land area being referred to as the “Pennsylvania Avenue Extension Easement Area”). The roadway width will be sixty-two feet (62’) wide for approximately the 238 lineal feet (238’) of westerly most portion of the Pennsylvania Avenue Extension and the roadway will be forty-nine feet five inches (49’ 5”) wide for the remaining portion of the Pennsylvania Avenue Extension, as depicted on Exhibit “G-1”. For that portion of the Pennsylvania Avenue Extension that will be sixty-two feet wide, Developer shall complete such portion including but not limited to all curbs, gutters and sidewalks in accordance with streetscape standards as established in the Bergamot Area Plan on both sides of such street. For that portion of the Pennsylvania Avenue Extension that will be forty-six and one-half feet wide, Developer shall complete such portion including but not limited to all curbs, gutters and sidewalks in accordance with streetscape standards as established in the Bergamot Area Plan on both sides of such street. The Pennsylvania Avenue Extension shall be dedicated, constructed, and completed in accordance with Condition of Approval No. 80 in Section B of Exhibit “D” to this Agreement and in accordance with the current regulations and codes governing the construction of public streets in the City. Developer shall dedicate to the City (i) the surface area of the Pennsylvania Avenue Extension Easement Area for public street purposes and (ii) the Pennsylvania Avenue Utility Corridors (as defined in Condition of Approval No. 80 in Section B of Exhibit “D” to this Agreement), while expressly reserving to Developer all other subterranean rights. The dedication of the surface portion of the Property contained within the Pennsylvania Avenue Extension Easement Area shall give the City the ability to install parking meters, fire hydrants, maintain street signage, and repair and maintain the roadway in accordance with applicable road maintenance standards within the City. Other than the City’s right to use the Pennsylvania Avenue Utility Corridor, the dedication of the portion of the Property contained within the Pennsylvania Avenue Extension Easement Area shall not grant to the City any other rights below the surface of the street for the installation, repair or maintenance of any utility equipment or facilities, such as storm water, sewer, electricity, telephone or other uses. Following City’s acceptance of the dedication of the Pennsylvania Avenue Extension Easement Area, Developer’s subterranean use of the Pennsylvania Avenue Extension Easement Area shall not materially impact or interfere with the City’s use of the surface of such area as a public street or the City’s use of the Pennsylvania Avenue Utility Corridor. Prior to such acceptance, Developer shall have the exclusive right to use the Pennsylvania Avenue Extension Easement Area. If the Pennsylvania Avenue Extension Easement Area ever ceases to be used as a public street, the ownership of the Pennsylvania Avenue Extension Easement Area shall revert to Developer.

Pennsylvania Avenue Extension. Prior to issuance of a certificate of occupancy, Developer shall, at its sole cost and expense, dedicate, improve and complete construction of the Pennsylvania Avenue Extension that shall be a sixty-two foot (62’) wide public street, from the easterly boundary eastern edge of the Property Xxxxxxx Street to the westerly easterly boundary of the Property, that would be the easterly extension of Pennsylvania Avenue (the “Pennsylvania Avenue Extension”), containing approximately 20,290 square feet as depicted on Exhibit “G-1G” attached hereto (such land area being referred to as the “"Pennsylvania Avenue Extension Easement Dedication Area”"). The roadway width will be ; provided that such sixty-two feet foot (62’') wide for approximately the 238 lineal feet (238’) of westerly most portion of the Pennsylvania Avenue Extension and the roadway will width shall be forty-nine feet five inches (49’ 5”) wide for the remaining portion of the Pennsylvania Avenue Extension, as depicted on Exhibit “G-1”. For that portion of the Pennsylvania Avenue Extension that will be sixty-two feet wide, completed by Developer shall complete such portion including but not limited to all curbs, gutters and approximately eleven- foot (11’) wide sidewalks in accordance with streetscape standards as established in the Bergamot Area Plan on both sides of such street. For that portion of the Pennsylvania Avenue Extension that will be forty-six and one-half feet wide, Developer shall complete such portion including but not limited to all curbs, gutters and sidewalks in accordance with streetscape standards as established in the Bergamot Area Plan on both sides of such street. The Pennsylvania Avenue Extension shall be dedicated, constructed, and completed in accordance with Condition the Conditions of Approval No. 80 in Section B of numbers 21 through 25 on Exhibit “D” to this Agreement attached hereto and in accordance with the current regulations and codes governing the construction of public streets in the City. Developer shall dedicate to the City (i) the surface area of the Pennsylvania Avenue Extension Easement Dedication Area for public street purposes and (ii) the Pennsylvania Avenue Utility Corridors (as defined in required by Condition of Approval No. 80 #24 in Section B Part B, below, of this Exhibit “D,” to this Agreement), while expressly reserving to Developer all other subterranean rights. The dedication of the surface portion of the Property contained within the Pennsylvania Avenue Extension Easement Dedication Area shall give the City the ability to install parking meters, fire hydrants, maintain street signage, signage and repair and maintain the roadway in accordance with applicable road maintenance standards within the City. Other than the City’s right to use the Pennsylvania Avenue Utility Corridor, the dedication of the portion of the Property contained within the Pennsylvania Avenue Extension Easement Dedication Area shall not grant to the City any other rights below the surface of the street for the installation, repair or maintenance of any utility equipment or facilities, such as storm water, sewer, electricity, telephone or other uses. Following City’s acceptance of the dedication of the Pennsylvania Avenue Extension Easement Dedication Area, Developer’s subterranean use of the Pennsylvania Avenue Extension Easement Dedication Area shall not materially impact or interfere with the City’s use of the surface of such area as a public street or the City’s use of the Pennsylvania Avenue Utility Corridor. Prior to such acceptance, Developer shall have the exclusive right to use the Pennsylvania Avenue Extension Easement Dedication Area. If the Pennsylvania Avenue Extension Easement Dedication Area ever ceases to be used as a public street, the ownership of the Pennsylvania Avenue Extension Easement Dedication Area shall revert to Developer.

Pennsylvania Avenue Extension. Prior to issuance of a certificate of occupancy, Developer shall, at its sole cost and expense, dedicate, improve and complete construction of a sixty-two foot (62’) wide public street, from the easterly boundary eastern edge of the Property Xxxxxxx Street to the westerly easterly boundary of the Property, that would be the easterly extension of Pennsylvania Avenue (the “Pennsylvania Avenue Extension”), containing approximately 20,290 square feet as depicted on Exhibit “G-1” attached hereto (such land area being referred to as the “Pennsylvania Avenue Extension Easement Dedication Area”). The roadway width will be ; provided that such sixty-two feet foot (62’) wide for approximately the 238 lineal feet (238’) of westerly most portion of the Pennsylvania Avenue Extension and the roadway will width shall be forty-nine feet five inches (49’ 5”) wide for the remaining portion of the Pennsylvania Avenue Extension, as depicted on Exhibit “G-1”. For that portion of the Pennsylvania Avenue Extension that will be sixty-two feet wide, completed by Developer shall complete such portion including but not limited to all curbs, gutters and approximately eleven- foot (11’) wide sidewalks in accordance with streetscape standards as established in the Bergamot Area Plan on both sides of such street. For that portion of the Pennsylvania Avenue Extension that will be forty-six and one-half feet wide, Developer shall complete such portion including but not limited to all curbs, gutters and sidewalks in accordance with streetscape standards as established in the Bergamot Area Plan on both sides of such street. The Pennsylvania Avenue Extension shall be dedicated, constructed, and completed in accordance with Condition the Conditions of Approval No. 80 in Section B of numbers 21 through 25 on Exhibit “D” to this Agreement attached hereto and in accordance with the current regulations and codes governing the construction of public streets in the City. Developer shall dedicate to the City (i) the surface area of the Pennsylvania Avenue Extension Easement Dedication Area for public street purposes and (ii) the Pennsylvania Avenue Utility Corridors (as defined in Condition of Approval No. 80 #24 in Section Part B of Exhibit “D” to this Agreement), while expressly reserving to Developer all other subterranean rights. The dedication of the surface portion of the Property contained within the Pennsylvania Avenue Extension Easement Dedication Area shall give the City the ability to install parking meters, fire hydrants, maintain street signage, signage and repair and maintain the roadway in accordance with applicable road maintenance standards within the City. Other than the City’s right to use the Pennsylvania Avenue Utility Corridor, the dedication of the portion of the Property contained within the Pennsylvania Avenue Extension Easement Dedication Area shall not grant to the City any other rights below the surface of the street for the installation, repair or maintenance of any utility equipment or facilities, such as storm water, sewer, electricity, telephone or other uses. Following City’s acceptance of the dedication of the Pennsylvania Avenue Extension Easement Dedication Area, Developer’s subterranean use of the Pennsylvania Avenue Extension Easement Dedication Area shall not materially impact or interfere with the City’s use of the surface of such area as a public street or the City’s use of the Pennsylvania Avenue Utility Corridor. Prior to such acceptance, Developer shall have the exclusive right to use the Pennsylvania Avenue Extension Easement Dedication Area. If the Pennsylvania Avenue Extension Easement Dedication Area ever ceases to be used as a public street, the ownership of the Pennsylvania Avenue Extension Easement Dedication Area shall revert to Developer.