Endeavour to Assist the Municipality shall make it a term of any Development Agreement between the Municipality and owners of any future benefiting developments that such owners pay their proportionate share of such shared costs to the Developer and shall require payment of the same by such owners as a condition of the use of the Local Improvements or as a condition of the approval of any development applications. Such endeavor to assist shall remain in place for 10 years from the date of the Development Agreement (Reference paragraphs 17.6 and 17.11).
Endeavour to Assist. (a) The Municipality shall endeavour to assist the Developer in the recovery of Oversizing costs from adjacent developers and benefiting areas. The Municipality will endeavour to notify the developer of the adjacent land or benefiting area in writing. Upon notice of such intended development being sent by the Municipality, the Developer shall, within thirty (30) days, notify the Municipality in writing of any claims it has under this Agreement for recovery of Oversize costs with detailed
(b) Notwithstanding anything to the contrary within this Agreement, the Developer shall only be entitled to recover any payment of Oversize costs within ten (10) years from this date of this Agreement and the Developer shall make no demands against the Municipality or any developer for payment thereafter. Due to the potential for the significant passage of time between the development of the Subdivision Area and the development of other lands, the corresponding potential for change in development and servicing needs in the near and long term (including, without restriction, alternative servicing options, and some Oversized Municipal Improvements becoming obsolete or requiring replacement or renewal prior to payment of all potential proportionate shares by other Developers), as well as other reasons (including, without restriction, the simple lack of further and other development in general), there shall always exist the potential for adjacent or other lands never becoming benefited by some or all Oversized Municipal Improvements. Consequently, the Municipality does not guarantee nor warrant the recovery of Oversize costs.
Endeavour to Assist a) When the Developer, in order to facilitate servicing of the subdivision lands, is required to install underground utilities and/or surface improvements that are to be constructed along or beyond the boundaries of the subdivision lands it is agreed that the Developer shall bear the costs of the servicing.
b) When the adjacent development takes places, the developer may be entitled to recover a portion of the costs, from the owner of the adjacent lands, for the installation of underground utilities and/or surface improvements that are constructed long or beyond the boundaries of the Subdivision land, at the prices agreed upon by the City and the Developer at the time of development.
c) The extent of sharing the costs by future development of the adjacent lands shall be based on the formula and predetermined costs outlined in Part 1 of Schedule “F” attached hereto and forming part of this Agreement and in the manner set out therein.
d) It is understood that the City efforts to endeavour to assist the Developer to recover these costs shall be limited to a term of ten years from the date of signing this Development agreement and shall be limited to cost recovery through implementation of future development agreements or development permits issued for development of those adjacent lands.
Endeavour to Assist the City shall make it a term of any Development Agreement between the City and owners of any future benefiting developments that such owners pay their proportionate share of such shared costs to the Developer and shall require payment of the same by such owners as a condition of the use of the Municipal Improvements or as a condition of the approval of any development applications (Reference Paragraph 16.6).
Endeavour to Assist. .1 Where the Developer has paid for Municipal Improvements in excess of its requirements, and where future development will utilize those Improvements, The City will Endeavour to Assist the Developer to collect the various sums as listed in Boundary and/or Oversize Improvements Future Cost Recoveries, Appendix A - Part Seven. The City does not guarantee the collection of all or any portion of such sums or costs. For example, as per the current servicing study, oversized underground utilities may be required at the time of this Agreement; however, future servicing studies or concepts may recommend an alternate servicing plan which will not utilize the oversize capacity and therefore no oversize costs would be recovered.
.2 The total future cost recovery will be based on one of the two options listed below:
