PARKS/OPEN SPACE. Landowner shall, at its sole cost and expense, acquire all property for and construct all Open Space, parkland and other Open Space (as defined herein) improvements included in the Development Plan, including any dedicated parking for the parksOpen Space and installation of art and artifacts. Such improvements shall include a trail connection from ▇▇▇▇▇▇▇ Park to the Property, and through the Property to connect to the future region-wide San Francisco Bay Trail, in accordance with the standards and specifications in the Development Plan. If Landowner is not able to obtain property rights needed for such trail connection, Landowner shall pay all of the costs actually incurred by the Local Agency in its acquisition of necessary property rights, subject to Landowner’s right to dispute such costs by the procedure set forth in Section 18.2.3. All parkland and open space18.2.3, and Landowner shall remain obligated to construct and maintain, in perpetuity, all Open Space improvements in accordance with the standards and specifications in the Development Plan and the requirements of this Agreement. All Open Space improvements shall be constructed in accordance with the Phasing Plan attached hereto as Exhibit D. Landowner’s construction of the trail improvements described in this Section 15.2.1 and the other park and open spaceOpen Space improvements described in the Development Plan shall be deemed full compliance with all Local Agencies’ parks or open space requirements including the City’s Park Dedication and Park Development fee program or any other current or future City park or Open Spaceopen space requirements, and City, in the event it succeeds to the interests of County hereunder, shall not be entitled to require any separate payments or dedications under the City’s Park Dedication and Park Development fee program or otherwise.
Appears in 2 contracts
Sources: Development Agreement, Development Agreement