Public Use/Park Site/High School Site Sample Clauses

Public Use/Park Site/High School Site. Prior to the recordation of the first residential lot, Developer shall dedicate and convey to the County, at the request of the County, a +/- 79 acre public use site located in Areas 3, 5 and 6 as shown on the Concept Plan of the PUD Phase I Plan (the “Public Use Site”, shown as areas 3, 4, 5 & 6 on EXHIBIT 7). Within the Public Use Site, a +/- 30 acre public use site, generally located as shown on the Concept Plan of the PUD Phase I Plan shall be designated for future discretionary use by the County as a park site (the “Park Site”, shown as area 3 on EXHIBIT 7). Also within the Public Use Site, a +/- 49.0 acre public use site, generally located as shown on the Concept Plan of the PUD Phase I Plan shall be designated for future discretionary use by the County as a school site (the “School Site”, shown as areas 5 & 6 on EXHIBIT 7). The Public Use Site is not part of the Property rezoned to PUD, however, it is under the control of the Developer. Provided the BOE approves the School Site, the Developer and the BOE shall enter into a Memorandum of Understanding prior to conditional approval of any Preliminary Plans or Site Plans for the Project. In the event the BOE refuses or fails to accept the School Site, the Developer shall then offer it to the County as a public use site, for public use purposes in the discretion of the County. The County acknowledges that should the County or the BOE acquire and begin construction on the Public Use Site prior to the Project being constructed, County public water or sewer likely would not be available to the Public Use Site, in which case the County shall be responsible for providing the water and/or waste disposal necessary to serve the Public Use Site. Furthermore, in the event that the County begins construction on the Public Use Site, and the Project is not developed to the point at which adequate public road access serves the Public Use Site, the Developer shall not be responsible for bonding or construction related to improvements to serve the Public Use Site, until such time as the Developer intends to develop such portion of the Project.
Sample 1
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