Transportation Improvements. The development of the Property shall comply with the following transportation requirements. A. Vehicular access shall be as generally depicted on the Concept Plan. The placement and configuration of the access points are subject to any minor modifications required to accommodate final site and construction plans and designs and to any adjustments required for approval by the Town and/or the North Carolina Department of Transportation. B. As depicted on the Concept Plan, the Property will be served by internal public streets and internal private alleys, and adjustments to the locations of the internal public streets and the internal private alleys shall be allowed during the construction permitting process upon the approval of the Development Administrator and the Town Engineer. C. Subject to the terms of the next following paragraph, prior to the issuance of the first certificate of occupancy for any new building constructed on the Property, Developer shall improve the existing street that will provide the primary vehicular and pedestrian connection from Development Area A to Idlewild Road at the existing traffic signal (the “Primary Entrance Road”) in accordance with the cross section on Exhibit H attached hereto and incorporated herein by reference. To improve the Primary Entrance Road in accordance with the cross section on Exhibit H, Developer must be provided with a temporary construction easement over and across a portion of the adjacent parcel of land designated as Parcel No. K7075014 on the Union County Tax Maps by the Town. In the event that the Town does not provide to Developer, at no cost to Developer, a temporary construction easement over and across a portion of Parcel No. K7075014 that is necessary to accommodate the improvement of the Primary Entrance Road in accordance with Exhibit H on or before September 1, 2019, then Developer shall only be required to improve the Primary Entrance Road in accordance with the cross section on Exhibit I attached hereto and incorporated herein by reference prior to the issuance of the first certificate of occupancy for any new building constructed on the Property. Developer shall also pay the sum of Fifty Thousand and No/100 Dollars ($50,000.00) to the Town prior to the issuance of the first certificate of occupancy for any new building constructed on the Property to be used by the Town to fund future additional improvements to the Primary Entrance Road or to construct other transportation or pedestrian improvements on the Property or in the vicinity of the Property. In connection with the improvement of the Primary Entrance Road under either scenario set out above, Developer shall not be required to improve or upgrade the existing pipes located under the Primary Entrance Road unless the Developer’s second scope indicates damage, since this is an existing condition. The Developer will scope the pipes prior to construction and present the video to the Town Engineer and perform a scope again after construction prior to turning the road over to the Town. If the second scoping indicates damage that was not present in the first scoping, the Developer will repair to bring the road to Town standards. D. Prior to the issuance of the one-hundredth (100th) certificate of occupancy for a single family attached dwelling unit constructed on the Property, the pedestrian and vehicular connection from Development Area C to the adjacent existing shopping center that is depicted on the Concept Plan shall be completed and open to pedestrian and vehicular traffic. Prior to the issuance of the one-hundredth (100th) certificate of occupancy for a single family attached dwelling unit constructed on the Property, Developer shall pay the sum of One Hundred and Twenty Five Thousand and No/100 Dollars ($125,000.00) to the Town (the “Crossing Funds”), which Crossing Funds shall be used by the Town to construct or fund a potential future crossing or bridge and a street connection from the Property to that parcel of land located to the west of the Property that is designated as Parcel No. 07099021 on the Union County Tax Maps. More specifically, Developer shall construct that street segment designated as “Street Segment A” on the Concept Plan to that point designated as “Terminus of Street Segment A” on the Concept Plan. The Terminus of Street Segment A is located approximately 95 feet from the western boundary line of the Property. Developer shall dedicate right of way from the terminus of Street Segment A to the western boundary line of the Property as generally depicted on the Concept Plan to accommodate the potential future crossing or bridge and a street connection from the Terminus of Street Segment A to Parcel No. 07099021 to be constructed by others. Developer’s sole obligation with respect to the construction or funding of the crossing or bridge and the street connection from the Terminus of Street Segment A to Parcel No. 07099021 shall be the donation of the Crossing Funds and the dedication of the relevant right of way. In the event that the crossing or bridge and the street connection from the Terminus of Street Segment A to Parcel No. 07099021 is not permitted for construction within 15 years of the date on which the Crossing Funds are paid to the Town by Developer, the Town may use the Crossing Funds to construct other transportation or pedestrian improvements on the Property or in the vicinity of the Property. E. The internal streets to be constructed on the Property as depicted on the Concept Plan shall meet the applicable cross section set out on Exhibit J attached hereto and incorporated herein by reference. Notwithstanding the foregoing and as described above, the Primary Entrance Road shall meet the requirements of Section 4.C above. F. Subject to the approval of the North Carolina Department of Transportation (“NCDOT”), Developer, or its successor in interest, shall, at Developer’s sole cost and expense, install all of the transportation improvements that are required to be installed by the developer of the Project in a Traffic Impact Analysis dated March 28, 2019 prepared by ▇▇▇▇▇ ▇▇▇▇ and Associates or in any amended Traffic Impact Analysis for the Project subsequently approved by NCDOT (collectively, the “TIA”). The TIA has been submitted to NCDOT for review and comment. The requirements of the TIA shall be incorporated into the driveway permit(s) issued by NCDOT for the Project. Notwithstanding the foregoing and subject to the approval of NCDOT, prior to the issuance of the one-hundredth and first (101st) certificate of occupancy for a single family attached dwelling unit constructed on the Property, the westernmost entrance road into the Property that is located in both the Town of ▇▇▇▇▇▇▇▇▇ and the Town of ▇▇▇▇▇▇▇▇ and across Idlewild Road from ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Road shall be completed and open to vehicular traffic so as to provide an additional ingress and egress point for the Project. Additionally, all improvements to Idlewild Road associated with this entrance road that are required to be installed by the developer of the Project in the TIA shall be completed prior to the issuance of the one-hundredth and first (101st) certificate of occupancy for a single family attached dwelling unit constructed on the Property. G. If Developer does not move forward with the development of the Project, Developer shall not be required to install any of the above described transportation improvements in this Section 4 of the Agreement or to pay the funds described in this Section 4 of the Agreement to the Town.
Appears in 1 contract
Sources: Development Agreement
Transportation Improvements. The development of the Property shall comply with the following transportation requirements.
A. Vehicular access shall be as generally depicted on the Concept Plan. The placement and configuration of the access points are subject to any minor modifications required to accommodate final site and construction plans and designs and to any adjustments required for approval by the Town and/or the North Carolina Department of Transportation.
B. As depicted on the Concept Plan, the Property will be served by internal public streets and internal private alleys, and adjustments to the locations of the internal public streets and the internal private alleys shall be allowed during the construction permitting process upon the approval of the Development Administrator and the Town Engineer.
C. Subject to the terms of the next following paragraph, prior to the issuance of the first certificate of occupancy for any new building constructed on the Property, Developer shall improve the existing street that will provide the primary vehicular and pedestrian connection from Development Area A to Idlewild Road at the existing traffic signal (the “Primary Entrance Road”) in accordance with the cross section on Exhibit H attached hereto and incorporated herein by reference. To improve the Primary Entrance Road in accordance with the cross section on Exhibit H, Developer must be provided with a temporary construction easement over and across a portion of the adjacent parcel of land designated as Parcel No. K7075014 on the Union County Tax Maps by the Town. In the event that the Town does not provide to Developer, at no cost to Developer, a temporary construction easement over and across a portion of Parcel No. K7075014 that is necessary to accommodate the improvement of the Primary Entrance Road in accordance with Exhibit H on or before September August 1, 2019, then Developer shall only be required to improve the Primary Entrance Road in accordance with the cross section on Exhibit I attached hereto and incorporated herein by reference prior to the issuance of the first certificate of occupancy for any new building constructed on the Property. Developer shall also pay the sum of Fifty Thousand and No/100 Dollars ($50,000.00) to the Town prior to the issuance of the first certificate of occupancy for any new building constructed on the Property to be used by the Town to fund future additional improvements to the Primary Entrance Road or to construct other transportation or pedestrian improvements on the Property or in the vicinity of the Property. In connection with the improvement of the Primary Entrance Road under either scenario set out above, Developer shall not be required to improve or upgrade the existing pipes located under the Primary Entrance Road unless the Developer’s second scope indicates damage, since this is an existing condition. The Developer will scope the pipes prior to construction and present the video to the Town Engineer and perform a scope again after construction prior to turning the road over to the Town. If the second scoping indicates damage that was not present in the first scoping, the Developer will repair to bring the road to Town standards.
D. Prior to the issuance of the one-hundredth (100th) certificate of occupancy for a single family attached dwelling unit constructed on the Property, the pedestrian and vehicular connection from Development Area C to the adjacent existing shopping center that is depicted on the Concept Plan shall be completed and open to pedestrian and vehicular traffic. Prior to the issuance of the one-hundredth (100th) certificate of occupancy for a single family attached dwelling unit constructed on the Property, Developer shall pay the sum of One Hundred and Twenty Five Thousand and No/100 Dollars ($125,000.00) to the Town (the “Crossing Funds”), which Crossing Funds shall be used by the Town to construct or fund a potential future crossing or bridge and a street connection from the Property to that parcel of land located to the west of the Property that is designated as Parcel No. 07099021 on the Union County Tax Maps. More specifically, Developer shall construct that street segment designated as “Street Segment A” on the Concept Plan to that point designated as “Terminus of Street Segment A” on the Concept Plan. The Terminus of Street Segment A is located approximately 95 feet from the western boundary line of the Property. Developer shall dedicate right of way from the terminus of Street Segment A to the western boundary line of the Property as generally depicted on the Concept Plan to accommodate the potential future crossing or bridge and a street connection from the Terminus of Street Segment A to Parcel No. 07099021 to be constructed by others. Developer’s sole obligation with respect to the construction or funding of the crossing or bridge and the street connection from the Terminus of Street Segment A to Parcel No. 07099021 shall be the donation of the Crossing Funds and the dedication of the relevant right of way. In the event that the crossing or bridge and the street connection from the Terminus of Street Segment A to Parcel No. 07099021 is not permitted for construction within 15 years of the date on which the Crossing Funds are paid to the Town by Developer, the Town may use the Crossing Funds to construct other transportation or pedestrian improvements on the Property or in the vicinity of the Property.
E. The internal streets to be constructed on the Property as depicted on the Concept Plan shall meet the applicable cross section set out on Exhibit J attached hereto and incorporated herein by reference. Notwithstanding the foregoing and as described above, the Primary Entrance Road shall meet the requirements of Section 4.C above.
F. Subject to the approval of the North Carolina Department of Transportation (“NCDOT”), Developer, or its successor in interest, shall, at Developer’s sole cost and expense, install all of the transportation improvements that are required to be installed by the developer of the Project in a Traffic Impact Analysis dated March 28, 2019 prepared by ▇▇▇▇▇ ▇▇▇▇ and Associates or in any amended Traffic Impact Analysis for the Project subsequently approved by NCDOT (collectively, the “TIA”). The TIA has been submitted to NCDOT for review and comment. The requirements of the TIA shall be incorporated into the driveway permit(s) issued by NCDOT for the Project. Notwithstanding the foregoing and subject to the approval of NCDOT, prior to the issuance of the one-hundredth and first (101st) certificate of occupancy for a single family attached dwelling unit constructed on the Property, the westernmost entrance road into the Property that is located in both the Town of ▇▇▇▇▇▇▇▇▇ and the Town of ▇▇▇▇▇▇▇▇ and across Idlewild Road from ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Road shall be completed and open to vehicular traffic so as to provide an additional ingress and egress point for the Project. Additionally, all improvements to Idlewild Road associated with this entrance road that are required to be installed by the developer of the Project in the TIA shall be completed prior to the issuance of the one-hundredth and first (101st) certificate of occupancy for a single family attached dwelling unit constructed on the Property.
G. If Developer does not move forward with the development of the Project, Developer shall not be required to install any of the above described transportation improvements in this Section 4 of the Agreement or to pay the funds described in this Section 4 of the Agreement to the Town.
Appears in 1 contract
Sources: Development Agreement