Development Agreement with John Wieland Homes and ...

existing infrastructure at the location of this park. Seller will work with Buyer prior to the First Closing in
connection with a design for this park, including, without limitation, landscaping, hardscaping, and other design
elements such as playgrounds and benches, but the design for this park will be as reasonably determined by Seller;
provided, however, if agreements of the Parties are reached prior to the First Closing in connection with a design
for this park, such agreements will be documented via a supplement to this Agreement and the construction of this
park will be substantially in accordance with such design agreements unless Buyer otherwise consents in writing to
one or more variances thereto. The grading and planting of grass for this park will be completed by March 1, 2013,
the final construction of this park will be completed by April 1, 2014, and this park will be open to the public by
April 1, 2014, or as soon as practicable after such date, and will remain so thereafter unless the Parties agree in
writing otherwise. Seller will maintain this park, or cause this park to be maintained, in clean and neat appearance,
and in all material respects not less attractive in presentation to the condition of other parks owned by Seller as of
the Contract Date.
(e) Linear Park Network. Seller will construct or cause the construction of the linear park network as
generally depicted on the Exhibit “H-3” attached hereto. Such construction will include the removal of any
existing infrastructure at the location of this park. Seller will work with Buyer prior to the First Closing in
connection with a design for this park, including, without limitation, landscaping, hardscaping, and other design
elements such as benches, lighting, signage and pet stations, but the design for this park will be as reasonably
determined by Seller; provided, however, if agreements of the Parties are reached prior to the First Closing in
connection with a design for this park, such agreements will be documented via a supplement to this Agreement
and the construction of this park will be substantially in accordance with such design agreements unless Buyer
otherwise consents in writing to one or more variances thereto. The final construction of this park will be
completed by March 1, 2013, and this park will be open to the public by March 1, 2013, or as soon as practicable
after such date, and will remain so thereafter unless the Parties agree in writing otherwise. Seller will maintain this
park, or cause this park to be maintained, in clean and neat appearance, and in all material respects not less
attractive in presentation to the condition of other parks owned by Seller as of the Contract Date. Buyer
acknowledges that Buyer will be responsible for the construction of all sidewalks abutting the Property as well as
any other sidewalks described in Section 16 below, and also for improvements to portions of this park located
within any gated areas at the Project, and Seller will be responsible for the construction of up to 12 foot wide paths
adjacent to portions of the Retained Property (including, without limitation, the foregoing linear park, commercial
area, and 1.4 acre park) all as depicted on the Land Plans or as otherwise noted in the Zoning Entitlement.
(f) Drainage Area on 16 Acre Parcel. Seller will retain ownership of and responsibility for the
“Drainage Area” on the Sixteen Acre Parcel as depicted on the Land Plans, including all pipes and structures within
this area or located within Seller-owned rights-of-way. Buyer acknowledges that Buyer is responsible for installing
and maintaining BMP’s in accordance with Legal Requirements to keep this drainage area reasonably free of
additional sediment and debris. The drainage area at the Sixteen Acre Parcel was designed and installed based on a
more intensive use than the proposed uses of the Property as contemplated by the Land Plans, and as a result of the
foregoing and the reduction of impervious surfaces and reduced water flows at the applicable portions of the
Property, the Parties do not anticipate that any further studies or modifications will need to be made to this drainage
area and facilities related thereto. Notwithstanding the foregoing, Seller may, if Seller believes it to be
economically and environmentally feasible to do so, reduce the overall size of the detention pond located on the
Sixteen Acre Parcel for the purpose of creating additional linear park space near the entrance of Dunwoody Park
Drive provided that such reduction can be effected without violating any Legal Requirements applicable thereto.
The extent to which the size of this detention pond is reduced will be determined in the sole discretion of Seller,
although Seller will consult with Buyer in connection with Seller’s reduction efforts. If there is such a reduction in
size of this detention pond and Seller creates one or more platted lots for development, Seller will first offer in
writing to sell such lot or lots to Buyer for $60,000.00 each, and will only sell such lot of lots to another party if
Buyer does not agree to purchase such lot or lots within thirty (30) days after Buyer’s receipt of such written offer,
and/or does not purchase such lot or lots, in the same manner as portions of the Sixteen Acre Parcel are to be sold to
Buyer, within six (6) months after Buyer’s receipt of such written offer.
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