Public Open Space. The Project will include the construction, ongoing maintenance and management of a 1.5-acre passive open space area that will be made available to the general public through dedication of a public access easement to the CITY;
Public Open Space. 3.1 The Developer covenants with the Council to pay the Public Realm and Open Space Contribution in the following instalments:
(a) £100,000 (one hundred thousand pounds) on Implementation;
(b) £100,000 (one hundred thousand pounds) prior to Occupation of the first Residential Unit or Commercial Unit to be Occupied; and
(c) £135,000 (one hundred and thirty five thousand pounds) upon the 2nd (second) anniversary of the date that payment was made pursuant to Paragraph 3.1(b) of this Schedule.
Public Open Space. 1. The Owners covenant with UDC as follows:
1.1 Prior to first Occupation of the Development to submit the Public Open Space Scheme and Public Open Space Management Plan to UDC for approval and not to allow or permit the first Occupation of the Development until the Public Open Space Scheme and Public Open Space Management Plan has been submitted to and approved in writing by UDC.
1.2 To provide the Public Open Space and LAP in accordance with the approved Public Open Space Scheme and Public Open Space Management Plan.
1.3 Prior to the Occupation of more than 70% of the Open Market Housing Units the Owners shall apply for the Provisional Certificate from UDC and shall not cause or permit Occupation of more than 70% of the Open Market Housing Units until a Provisional Certificate for all of the Public Open Space has been issued by UDC.
2. After the Public Open Space (or part thereof) has been provided laid out and landscaped in accordance with the Public Open Space Scheme to apply to UDC in writing requesting issue of the Provisional Certificate and for the avoidance of doubt Provisional Certificates may be issued for the whole of the Public Open Space or in relation to parts of Public Open Space as they are provided and laid out.
3. Within twenty (20) Working Days after a first inspection of the Public Open Space by UDC if it considers that the Public Open Space has not been provided laid out and landscaped satisfactorily in accordance with the Public Open Space Scheme the UDC shall provide the Owners with details of any defects and the Owners shall at their own expense rectify any deficiencies and carry out such works or operations as may reasonably be required by UDC to bring the Open Space up to the standard required by the Public Open Space Scheme and the procedures referred to in paragraphs 2 and 3 of Part 4 of this Schedule shall be repeated as often as necessary until the Provisional Certificate is issued save that UDC must inspect the Public Open Space within 15 Working Days of receipt of the application for the Provisional Certificate or within 15 Working Days of written notification that any defects have been remedied (as applicable) and report any defects within ten
Public Open Space. 1.1 The Owner shall not Commence Development until the Council has approved the POS Scheme for the Development.
1.2 The Public Open Space as shown edged [...] on drawing number shall be laid out in accordance with the POS Scheme prior to the Occupation of the [ ] Dwelling on the Site.
Public Open Space. 12.1 The Landowner covenants with the Agency to offer to transfer the Public Open Space to the Nominee (subject to covenants that it shall be used in perpetuity by the Nominee solely as public open space) for one pound (£1) such offer to be made either:
12.1.1 Within one (1) month of completion of the laying out of the Public Open Space if the Public Open Space is being laid out as Works in Kind16; or
12.1.2 Within one (1) month of the Agency notifying the Landowner if the Public Open Space is being laid out by or on behalf of the Agency.
12.2 If the Open Space Specification requires works by the Agency or imposes future maintenance costs in either case at a level higher than those anticipated as the cost in calculating the Pro Rata Contributions the Landowner will at the date of transfer pay the Agency a sum that reflects that additional works and/or maintenance cost.
Public Open Space. Developer shall dedicate open space areas and trails within the Property pursuant to the Specific Plan and Vesting Tentative Map, which areas are shown on Exhibit H, attached hereto and incorporated herein by reference. The dedication shall be in a form and substance satisfactory to the City Attorney, provided that the Parties agree that Developer may dedicate open space and trails on the subdivision map(s) for the Project.
Public Open Space. (a) Provision of a ‘waterfront promenade’ along the lake edge. This promenade provides continual pedestrian access along the lake edge, which will comprise a soft edge along the full lake frontage of Precinct 13 as shown on Map 5a – Lake Edge Treatments of Master Plan No. 14 (Detailed Planning Area Plan – Eastbank Regatta North) 2001.
(b) Provision of a park-like setting along Sportsmans Parade achieved through street tree planting which provides shade and character to the area.
(c) Provision of at least 10% of the Precinct 13 area as a Nodal Park in accordance with the Development Criteria specified in Table 1 – Precinct 13 of Master Plan No. 14 (Detailed Planning Area Plan – Eastbank Regatta North) 2001 and shown on Map 12 – Open Spaces of Master Plan No. 14 (Detailed Planning Area Plan – Eastbank Regatta North) 2001.
(d) No outdoor deck / dining areas are permitted in the Public Access Promenade within Precinct 13.
Public Open Space. 1 To submit the Open Space Plan prior to Occupation of the first Dwelling 2 To lay out the Open Space within the Development in accordance with the approved Open Space Plan (pursuant to clause 1 above).
Public Open Space. 1. Not to Occupy or permit Occupation of more than 75% of the Dwellings unless and until the Public Open Space has been laid out and landscaped in accordance with the Public Open Space Scheme.
2. Within 28 Working Days of the obligations in paragraph 1 of Part 3 of the Third Schedule being complied with the Owner shall transfer that part of the Site comprising the Public Open Space for £1.00 consideration to the Management Company which shall thereafter maintain the Public Open Space in accordance with the Public Open Space Scheme.
3. The Owner shall serve notice on the Council within 20 Working Days of the transfer of the Public Open Space identifying the transferee’s name and registered address
4. Upon a transfer of that part of the Site comprising the Public Open Space to the Management Company or the Parish Council the Owner will place an obligation in the transfer to maintain the Public Open Space in accordance with the Public Open Space Scheme
5. If the Management Company takes any step in connection with:
5.1 Any suspension or re-scheduling of its payments, a moratorium of any of its indebtedness or its dissolution or reorganisation (by way of voluntary arrangement, scheme of arrangement or others);
5.2 The making of any composition, assignment or arrangement with any of its creditors;
5.3 The appointment of a liquidator, a receiver (including administrative officer in respect of it or any of its assets (including any person requesting the lender to appoint an administrator); or
5.4 Any analogous procedure in any jurisdiction
6. Then it will be the responsibility of the Owner to maintain the Public Open Space in accordance with the Public Open Space Scheme and this responsibility will not determine on Disposing of all interest in the Site
7. Until the Public Open Space is transferred to the Management Company it shall be maintained by the Owner in accordance with the Public Open Space Scheme 1 To apply payments made pursuant to this Agreement to the purposes stated herein and if any of the amounts referred to in this Agreement have not been expended by the Council as the case may be within 3 years from the date of payment of such sums by the payer, the payee shall repay to the payer such unexpended balance with interest accrued.
Public Open Space. 2.1 Not to permit Occupation of th e Proposed Development or any part thereof (unless otherwise agreed in writing by the Council) until a scheme of materials and works which shall include details of the location grading draining landscaping seed ing planting and the boundary treatment and structures (if any) in relation to the Public Open Space has been submitted to and approved in writ ing by the Council.
2.2 To layout and provide the Public Open Space prior to Occupation of the twentieth Market Dwelling in strict accordance with the details approved under clause 2.1 above.
2.3 To allow in perpetuity public access to the Public Open Space and not to do anyth ing that would prevent such access.
2.4 To prevent the sale of any individual Market Dwelling comprised in the Proposed Development until a Management Company has been formed and the Developer has provided evidence of such formation to the Council (including a certified copy of the Memorandum and Articles of Association of the Management Company).
2.5 Not to wind up the Management Company nor alter its constitution without the prior written consent of the Council unless the whole of the Proposed Development shall have been demolished.
2.6 To prevent the sale of any individual Market Dwelling comprised in the Proposed Development until the buyer of such Market Dwelling has applied for and been granted membership of the Management Company.
2.7 To prevent the sale of any individual Market Dwelling comprised in the Proposed Development unless and until the buyer enters into covenants substantially in the following form direct with the Management Company under which the buyer shall:-
(i) covenant to pay to the Management Company a pro rata proportion (according to the number of dwellings comprised in the Proposed Development to be constructed on the Site) of the costs and expenses incurred by the Management Company in respect of its administration and of insuring and maintaining the Public Open Space; and
(ii) covenant that u pon any subsequent sale of such dwelling he will procure that the incoming buyer shall enter into direct covenants with the Management Company in the form of paragraphs 2.7 (i) and 2.8 (ii) of this clause.
2.8 No more than twenty of the Market Dwellings shall be occupied until the Developer has transferred the freehold interest in the Public Open Space free from incumbrances (other than as set out below) to the Management Company but for the avoidance of doubt the transfer shall be su...
