Land Dedication Clause Samples
A Land Dedication clause requires a party, typically a developer, to set aside and transfer a specified portion of land for public use or community benefit as part of a development project. This may involve dedicating land for parks, roads, schools, or other public infrastructure, and the details often specify the size, location, and timing of the dedication. The core function of this clause is to ensure that necessary public amenities or infrastructure are provided in conjunction with private development, thereby supporting community needs and compliance with local regulations.
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Land Dedication. The dedication of parks and open space, flood plains, public easements for utilities, rights-of-way for streets and other public ways and dedications for other public purposes shall be by general warranty deed (to include, except for public easements, mineral interest owned by Owner at the time of annexation) or another appropriate instrument of conveyance acceptable to the Town. Such dedications shall occur when required by the Town. The Town and Owner agree that such dedications are directly related to and generated by the development intended to occur within the Property and that no taking thereby will occur requiring any compensation.
Land Dedication. The Developer shall dedicate to the City the area shown as public open space on the Final Plat approved on , 2023. A private homeowners association or property owners association shall maintain the public open space.
Land Dedication. (a) The Developer must dedicate to the Council, at no cost to the Council, the Dedication Land freed and discharged from all estates, interests, trusts, restrictions, dedications, reservations, easements (except those currently on the Land, permitted or as required by the Project Consent), rights, charges, rates and contracts in, over or in connection with the land, including but not limited to, municipal rates and charges, water rates and land tax.
(b) The requirement for the Developer to dedicate the Dedicated Land to the Council is satisfied where a deposited plan is registered in the register of plans held with the Registrar-General that dedicates land as a public road (including a temporary public road) under the Roads Act 1993 (NSW) or creates a public reserve or drainage reserve under the Local Government Act 1993 (NSW) (whichever is relevant).
(c) The requirement for the Developer to dedicate the Dedicated Land is also satisfied when the Dedicated Land is transferred to Council. The Developer must notify Council of the proposed transfer and Council must accept the transfer and co-operate to enable the stamping and registration of the transfer of the Dedicated Land.
(d) The Dedication Land must be dedicated or transferred to Council prior to the due date specified in clause 1 of this Schedule 3.
(e) Despite clause 4(a), if having used its best endeavours, the Developer cannot ensure that the Dedication Land is free from any relevant encumbrance and affectation, then:
(i) the Developer may request that the Council agree to accept the Dedicated Land and subject to those encumbrances and affectations; and
(ii) if the encumbrance or affectation:
(A) does not prevent the future use of the Dedication Land for the public purpose for which it is to be dedicated under this Agreement; and
(B) is not a charge against the Dedication Land, and
(C) is an encumbrance or charge that Council would not be restricted from granting or extinguishing over public road under the Roads ▇▇▇ ▇▇▇▇, the Council must not withhold its agreement unreasonably and otherwise, the Council may withhold its agreement at its absolute discretion. Planning Agreement Page 24
Land Dedication. NO LONG -TERM ENVIRONMENTAL MANAGEMENT PLAN
Land Dedication. The purpose of the land dedication is to expand the public reserve containing the ▇▇▇▇▇▇ ▇▇▇▇▇ Oval by the dedication of an area of (currently private) land of approximately 1,930m2. This land dedication is contingent on stage 3 being able to proceed. Monetary contributions would be as follows:
Land Dedication. In the case of land identified within a contributions plan, the value of land in that plan will be considered in determining the initial contribution rates. Land to be dedicated is required to be valued by a suitably qualified expert. Only land required for a specific community benefit and purpose can be considered for dedication. A long term maintenance cost will need to be included and factored into the final valuation to ensure Council minimises the long term financial burden on the community and the organisation. The land is to be fit for purpose having specific regard to size, accessibility, topography and location. Land which is proposed to be dedicated or subject to transfer of ownership to a public agency will be valued based upon the E2 Environmental Conservation Zone under the Cessnock Local Environmental Plan 2011. Council may refuse the dedication of land when the amount proposed to be dedicated exceeds the minimum area required in a relevant plan and/or the burden of maintenance exceeds the long term benefit of the land to the community.
Land Dedication. Prior to the issuing of a subdivision certificate for the subdivision of the Land.
Land Dedication. (a) Prior to the issue of the first Construction Certificate for Stage 3 of the Development as identified as stage 3 on the plan at Annexure A, the Developer must dedicate to Council or a nominated authority, at no cost to the Council, the Dedication Land freed and discharged from all Encumbrances, taxes, rates or charges except Permitted Encumbrances.
(b) Prior to the dedication of the Dedication Land in accordance with this clause 3A, the Developer must:
(i) allow members of the public to go, pass and ▇▇▇▇▇▇ over the Dedication Land at all times, on foot at all times, with or without companion animals (as defined in the Companion Animals Act 1998) or other small pet animals, and to the extent that the Dedication Land includes any part of the road carriageway, with vehicles;
(ii) not construct any structures or erect on any fences or hoarding on the Dedication Land;
(iii) not prevent access to any services located on the Dedication Land;
(iv) keep the Dedication Land in good repair and condition;
(v) keep the Dedication Land clean and free from rubbish; and
(vi) maintain public liability insurance in the amount of $20,000,000 per claim covering the use of the Dedication Land by the public.
(c) Until the Dedication Land is dedicated to Council in accordance with this agreement, the Developer indemnifies the Council against any claim, loss, liability, damage, proceeding, order, judgment or expense (Claim) in connection with the use of the Dedication Land, except to the extent that such Claim is caused by Council’s negligence or default.
(d) Prior to making an application for a subdivision certificate for the plan of subdivision that dedicates the Dedication Land, the Developer must:
(i) provide a draft plan of subdivision to Council, together with (if not shown on the plan of subdivision) a survey plan showing the location of the existing footpath and any part of the existing road carriageway within the land to be dedicated; and
(ii) demonstrate that any part of the existing footpath and road carriageway which encroaches on land owned by the Developer at the date of this agreement is located wholly within the land to be dedicated.
(e) The obligation to dedicate the Dedication Land will be taken to have been satisfied when the land is dedicated as a public road by operation of the registration of a plan of subdivision in accordance with section 9 of the Roads ▇▇▇ ▇▇▇▇.
(f) The parties agree that the Dedication Land will used for the purposes of a public pede...
Land Dedication. Within six (6) months of the latter of: a) issuance of Practical Completion Certificate from Council for the Works; and b) Issuance of Practical Completion Certificate from Transport for NSW for the signalised intersection works to the Mirvac estate. But no later than 1 July 2026. $3,299,400.00 $6,170,325.00 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
Land Dedication. The Developer shall dedicate to the City the area shown as public open space on Bastrop Grove Section 5 approved on . A private homeowners association or property owners association shall maintain the public open space.