Common use of Land Dedication Clause in Contracts

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 pedestrian pathway and road reserve. (d) The amount of $2,148,620.00 in clause 1.1 of Schedule 7 of the Planning Agreement is deleted and replaced with the amount of $2,048,620.00. (e) The following is inserted at the end of Schedule 7 of the Planning Agreement:

Land Dedication. (a) Prior 6.1. The Applicant shall dedicate to the issue Town of Front Royal, under the first Construction Certificate for Stage 3 of the Development conditions set forth below, a 1.75 acre site adjacent to Route 606, as identified as stage 3 such area is generally depicted on the plan at Annexure AExhibit 2 attached hereto and incorporated herein by reference, 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 prepared by ▇. ▇▇▇▇▇▇ over & Associates, dated September 4, 2009, and identified as ”“1.75-Acre Land Dedication” (the “Dedication Area”). A sight distance easement shall be reflected on the Dedication Land Plat, if required by VDOT at all timesthe time of dedication, on foot at all times, with so as not to impede or without companion animals adversely affect design or approval of the Entrance Road (as defined in the Companion Animals Act 1998) or other small pet animalsbelow), and its connection to Route 606. 6.2. The Dedication Area shall be used by the extent that Town and the Dedication Land includes any part Virginia Department of Transportation (“VDOT”) for the construction 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 ▇▇▇ ▇▇▇▇▇ Run Parkway, or, at the Town’s sole discretion, it may be further conveyed by the Town to ▇▇▇▇▇▇ County, Virginia, for use as a fire and rescue station. If the Town elects to use the Dedication Area for construction of ▇▇▇▇▇ Run Parkway and if the Town determines that additional right-of-way beyond the Dedication Area is necessary for ▇▇▇▇▇ Run Parkway, the Applicant shall dedicate additional land to the Town solely for construction of ▇▇▇▇▇ Run Parkway the “Additional Land Dedication”). Provided, however, that (i) such Additional Land Dedication shall not exceed two (2) acres in size, and (ii) the Additional Land Dedication shall not impede or adversely affect design or approval of the Entrance Road (as defined below), and its connection to Route 606. (f) 6.3. The parties agree that Applicant shall execute a dedication plat within 18 months of the Town’s delivery of a plat at the Town’s expense, depicting by metes and bounds the Dedication Land will used Area (the “Dedication Plat”), provided that no such dedication shall be required prior to the issuance of the 25th building permit for the purposes of a public pedestrian pathway Property. Further, and road reserve. (d) The amount of $2,148,620.00 notwithstanding the foregoing, in clause 1.1 of Schedule 7 the event the Town does not request the aforesaid dedication prior to the issuance of the Planning Agreement is deleted and replaced with 300th building permit for the amount Property, the Applicant shall be relieved of $2,048,620.00its obligation to make the aforesaid dedication. (e) The following is inserted at the end of Schedule 7 of the Planning Agreement: