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Open Space Agreement
"I need an Open Space Agreement for a new residential development in Vancouver, BC, where we're designating 5 acres as a public park with protected wetlands, to be maintained by the city starting March 2025."
1. Parties: Identification of the parties entering into the agreement, typically including the landowner/developer and the municipality or conservation authority
2. Background: Context of the agreement, including property details and purpose of the open space designation
3. Definitions: Key terms used throughout the agreement, including technical and legal terminology
4. Grant of Open Space: Legal designation of the open space and its boundaries
5. Permitted Uses: Specific activities and uses allowed within the open space
6. Prohibited Activities: Activities explicitly forbidden within the open space
7. Maintenance Obligations: Responsibilities for maintaining the open space, including landscaping, cleaning, and repairs
8. Public Access Rights: Terms and conditions of public access to the open space
9. Environmental Protection Measures: Requirements for protecting natural features and wildlife
10. Insurance and Liability: Insurance requirements and allocation of liability for incidents
11. Term and Termination: Duration of the agreement and conditions for termination
12. Enforcement and Remedies: Rights and procedures for enforcing the agreement terms
13. General Provisions: Standard legal clauses including notices, amendments, and governing law
1. Special Environmental Provisions: Additional requirements for properties containing sensitive ecosystems or protected species
2. Commercial Activities: Terms for any permitted commercial activities (e.g., food vendors, recreational services)
3. Special Events: Procedures and conditions for hosting events in the open space
4. Indigenous Rights and Access: Specific provisions regarding Indigenous peoples' rights and traditional use
5. Development Buffer Zones: Requirements for buffer zones between the open space and adjacent development
6. Stormwater Management: Provisions for managing stormwater facilities within the open space
7. Funding and Financial Obligations: Special financial arrangements for maintenance or improvements
1. Schedule A - Property Description: Legal description and surveys of the open space property
2. Schedule B - Site Plan: Detailed plan showing boundaries, features, and facilities
3. Schedule C - Maintenance Standards: Specific standards and frequencies for maintenance activities
4. Schedule D - Permitted Uses Matrix: Detailed matrix of allowed activities and their conditions
5. Schedule E - Environmental Features: Inventory of significant environmental features and protection requirements
6. Schedule F - Operating Hours and Rules: Specific hours of operation and rules for public use
7. Appendix 1 - Environmental Assessment: Environmental impact assessment and mitigation measures
8. Appendix 2 - Insurance Requirements: Detailed insurance coverage requirements and minimum limits
Authors
Applicable Laws
Approval
Buffer Zone
Commercial Activity
Conservation Area
Designated Open Space
Development
Environmental Assessment
Environmental Features
Environmental Protection Measures
Force Majeure
Hazardous Substances
Indigenous Rights
Land
Maintenance Standards
Natural Features
Operating Hours
Parties
Permitted Uses
Prohibited Activities
Property
Public Access
Reasonable Wear and Tear
Restricted Areas
Site Plan
Special Event
Stormwater Management Facilities
Term
Wildlife Habitat
Work
Grant of Rights
Environmental Protection
Public Access
Permitted Uses
Prohibited Activities
Maintenance and Repair
Insurance
Indemnification
Liability
Indigenous Rights
Environmental Compliance
Reporting Requirements
Dispute Resolution
Force Majeure
Assignment
Amendment
Termination
Notice
Governing Law
Severability
Entire Agreement
Representations and Warranties
Default and Remedies
Enforcement
Cost Allocation
Special Events
Commercial Activities
Emergency Access
Environmental Monitoring
Wildlife Protection
Stormwater Management
Real Estate Development
Municipal Government
Environmental Conservation
Urban Planning
Public Infrastructure
Parks and Recreation
Environmental Services
Construction
Property Management
Legal
Environmental Compliance
Real Estate Development
Urban Planning
Parks and Recreation
Property Management
Environmental Assessment
Public Works
Development Services
Municipal Affairs
Sustainability
Urban Planner
Environmental Compliance Officer
Real Estate Developer
Municipal Lawyer
Conservation Officer
Property Manager
Development Project Manager
Environmental Assessment Specialist
Parks and Recreation Manager
Land Use Planning Director
Environmental Policy Advisor
Municipal Clerk
Sustainability Coordinator
Real Estate Counsel
Development Services Director
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