Public Open Space Clause Samples
The Public Open Space clause defines the requirements and obligations related to the provision, maintenance, and use of areas designated for public access and recreation within a development or property. Typically, this clause specifies the minimum size, location, and standards for landscaping or amenities that must be provided, and may outline responsibilities for ongoing upkeep or public access rights. Its core function is to ensure that developments contribute to community well-being by providing accessible, usable outdoor spaces for public enjoyment and environmental benefit.
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. To submit for approval by the Council a detailed specification for the laying out and maintenance of the Open Space to be provided on the Site (including vehicular and pedestrian accessways to access the same) prior to the first Reserved Matters application and not to Commence Development until such approval has been obtained
2. Prior to Occupation of fifty per cent (50%) of the Dwellings on the Site to lay out the Open Space to be on the Site in accordance with the specification approved by the Council in accordance with Part II paragraph 1 above
3. On completion of the laying out of the Open Space on the Site to serve written notice on the Council indicating that they wish to transfer the Open Space to a Management Company or to the Council and that the Owner considers the work on the Open Space to be competed in accordance with the specification approved by the Council
4. After receiving the notice set out in Part II paragraph 3 above the Council shall satisfy themselves as to whether or not the Open Space to be provided within the Site has been completed in accordance with the specification approved under paragraph 1 above (or as may have been amended in writing following agreement with the Council) and if then satisfied shall issue a Provisional Certificate to that effect within twenty (20) Working Days
5. If the Council are not satisfied as provided in Part II paragraph 4 above then the Owner will be notified in writing within twenty (20) Working Days of receiving the written notice referred to in Part II paragraph 4 above which shall set out the works of rectification required to remedy any defects or omissions which are not in accordance with the approved specification and the process described in Part II paragraphs 3 and 5 shall be repeated until
6. The Owner shall maintain the Open Space to be provided within the Site for the Maintenance Period and if any damage shall appear arise or occur then the Owner shall at their own expense as soon as practicable after such damage shall appear arise or occur make good the same to the reasonable satisfaction of the Council
7. Two (2) months prior to the expiry of the Maintenance Period the Owner will notify the Council in writing of the date the Maintenance Period in respect of the Open Space on the Site expires and if the Council desires the Council will make any inspection within twenty
Public Open Space. The Planning Agreement requires the dedication of open space and embellishment work to these spaces. These works include: • Embellishment of new public open space with an approximate area of 1,513m2 and generally in the location indicated by item 6 on the Landscape Masterplan. • Embellishment of new public open space with an approximate area of 15,146m2 and generally in the locations indicated by items 2, 3, 4 and 5 on the Landscape Masterplan. • Embellishment of new public open space with an approximate area of 15,146m2 and generally in the locations indicated by items 2, 3, 4 and 5 on the Landscape Masterplan. • Additional embellishments of ▇▇▇▇▇▇▇▇ Park to improve passive surveillance, drainage and activation. • Repairs and upgrades to the existing toilet block within ▇▇▇▇▇▇▇▇ Park. • Repairs and upgrades to the existing mobile library facilities within ▇▇▇▇▇▇▇▇ Park. • Repairs and upgrades to the existing plug and play stage facilities within ▇▇▇▇▇▇▇▇ Park.
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. 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 in perpetuity) for one pound (£1) such offer to be made either:
11.1 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 Kind21; or
11.2 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.
11.3 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 21 This assumes that a condition requires the open space to be laid out
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 G, 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. The Owner hereby covenants with the District Council to provide a Public Open Space.
Public Open Space. The reason for the amendments is to correct minor discrepancies between these plans in the original deed. The amendments do not affect the quantum of open space available and the obligations contained within the original Deed remain the same. Government guidance suggests that: Planning obligations can be renegotiated at any point, where the local planning authority and developer wish to do so. Where there is no agreement to voluntarily renegotiate, and the planning obligation predates April 2010 or is over 5 years old, an application may be made to the local planning authority to change the obligation where it “no longer serves a useful purpose” or would continue to serve a useful purpose in a modified way (see section 106A of the Town and Country Planning Act 1990). In practice there is no set process for varying a S106 by agreement. S106 agreements are normally varied when a later planning permission is granted which varies the original planning approval resulting in the need to revise the original S106; in this current situation there is no revised planning application requiring a revision to the original S106, however, there is a need to revise the plans simply to correct discrepancies between plans in the original deed and to ensure all plans correspond. Therefore the requirement is to vary the agreement by agreement between all parties against whom the S106 would be enforceable against. In this case the deed of variation needs to be made between The Mayor and Burgesses of the London Borough of Barnet and ▇▇▇▇▇ (New Southgate) No 1 Limited, ▇▇▇▇▇ (New Southgate) No 2 Limited and Hindale Limited, Bank J Safra ▇▇▇▇▇▇▇ (Gibraltar) Limited and Galveston Investments SA.
Public Open Space. Owner acknowledges and agrees that the Project has been analyzed in accordance with CEQA, as detailed in the Resolution adopted by the City Council concurrently with the approval of the DDA, pursuant to which the City Council found that the Project meets the definition of a Transit Priority Project and qualifies for a CEQA “Sustainable Communities Project” exemption (“SCPE”), enacted as a part of Senate Bill 375 and codified at Public Resources Code Sections 21155 et seq. As such, the City Council, on behalf of the City and Agency, adopted the SCPE as part of its consideration and approval of the DDA. Consistent with that determination and a material requirement of the SCPE for the Project to contain open
1.1 herein. The parties anticipate that the Public Open Space may include installation and operation of various courtyard and paseos, kiosks, a stage and a pop jet water feature for children. The Public Open Space will serve as a venue for year-round seasonal events and the opportunity to capitalize upon San Dimas beautiful evening breezes and sunsets. City resident community outings to be hosted within the Public Open Space may include, but are not limited to movies in the park and hosting local farmers market, and family activities