Privately-Owned Publicly Accessible Open Space Sample Clauses

Privately-Owned Publicly Accessible Open Space. In addition to the City-Dedicated Open Space described in Exhibit E hereto, and the Park Improvements to the City- Dedicated Open Space described therein, Developer is providing as a Project Feature certain Privately-Owned Publicly Accessible Open Space totaling approximately 10.2 acres (approximately seven (7) acres of which will be further subject to restrictive covenants as described herein, referred to herein as the “Covenant Privately-Owned Publicly Accessible Open Space”), generally depicted on Exhibit E3.2 hereto and as described in the Downtown West Design Standards and Guidelines (referred to therein as "Project Sponsor-Owned Open Space"). Prior to issuance of a Temporary Certificate of Occupancy for any Building on the Development Parcel corresponding to a Covenant Privately-Owned Publicly Accessible Open Space, as provided by the schedule in Section 4.1.3(a)(i) below, Developer shall execute and record a declaration of public access covenants and restrictions, in form and substance satisfactory to the City Attorney and substantially in the form attached hereto as Exhibit F1 (“Declaration of Public Access Covenants and Restrictions”). The Declaration of Public Access Covenants and Restrictions shall set forth the categories and limitations on use of the Covenant Private-Owned Publicly Accessible Open Space, all in accordance with the DWDSG and this Agreement. The hours of operation and scope of permissible park use are set forth in Exhibit F2, which Exhibit shall be incorporated by reference into the Public Access Restrictive Covenants. The provisions in Exhibit F2 may not be changed or modified with respect to the Covenant Privately-Owned Publicly Accessible Open Spaces if such change or modification would be more restrictive, meaning that the change would reduce the hours of operation, or restrict or eliminate a permissible park use, without prior written approval by the Director of PRNS; provided, however, that a permanent decrease in the hours of operation by five percent (5%) or more for any Covenant Privately-Owned Publicly Accessible Open Space shall require a public hearing by the City Council and approval by a majority vote. For provisions regarding public events, private events, and temporary closures, which provisions are set forth in Exhibit F3, except as set forth in paragraph (p) therein regarding closures for maintenance and repair, or to protect the public health and safety, any permanent change or modification to these provisions...
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