Failure to Comply. 8.2.1 If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer 90 days written notice of the failure or default, then in each such case: (a) The Municipality shall be entitled to apply to any court of competent jurisdiction for injunctive relief including an order prohibiting the Developer from continuing such default and the Developer hereby submits to the jurisdiction of such Court and waives any defence based upon the allegation that damages would be an adequate remedy; (b) The Municipality may enter onto the Lands and perform any of the covenants contained in this Agreement or take such remedial action as is considered necessary to correct a breach of the Agreement, whereupon all reasonable expenses whether arising out of the entry onto the Lands or from the performance of the covenants or remedial action, shall be a first lien on the Lands and be shown on any tax certificate issued under the Assessment Act; (c) The Municipality may by resolution discharge this Agreement whereupon this Agreement shall have no further force or effect and henceforth the development of the Lands shall conform with the provisions of the Land Use By-law; or (d) In addition to the above remedies, the Municipality reserves the right to pursue any other remedy under the Halifax Regional Municipality Charter or Common Law in order to ensure compliance with this Agreement. SIGNED, SEALED AND DELIVERED in the presence of: Witness SIGNED, DELIVERED AND ATTESTED to by the proper signing officers of Halifax Regional Municipality, duly authorized in that behalf, in the presence of: Witness Witness LSJ HOLDINGS LTD Per: Per: HALIFAX REGIONAL MUNICIPALITY Per:_ MAYOR Per:_ MUNICIPAL CLERK PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day of _, A.D. 20 _, before me, the subscriber personally came and appeared a subscribing witness to the foregoing indenture who having been by me duly sworn, made oath and said that , _ _ A Commissioner of the Supreme Court PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day of _, A.D. 20 , before me, the subscriber personally came and appeared the subscribing witness to the foregoing indenture who being by me sworn, made oath, and said that Xxxx Xxxxxx, Mayor and Xxxxx Xxxxxx, Clerk of the Halifax Regional Municipality, signed the same and affixed the seal of the said Municipality thereto in his/her presence. _ _ A Commissioner of the Supreme Court 0 XXXXXXXXX XXXX ELEC. BOX EXISTING TREES 10'-0" NEW RETAINING WALL 00 XXXXXX XXXX XXXX + 0 XXXXXXXXX XXXX XXXXXXX, XX SCHEDULE B SITE PLAN Project No.: 2018.01 Scale: 1" = 30'-0" Date: 12 Aug 2019 A01

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Failure to Comply. ~~8.2.1~~ If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer 90 thirty (30) days written notice of the failure or default, then in each such case: (a) The Municipality shall be entitled to apply to any court of competent jurisdiction for injunctive relief including an order prohibiting the Developer from continuing such default and the Developer hereby submits to the jurisdiction of such Court and waives any defence based upon the allegation that damages would be an adequate remedy; (b) The Municipality may enter onto the Lands and perform any of the covenants contained in this Agreement or take such remedial action as is considered necessary to correct a breach of the Agreement, whereupon all reasonable expenses whether arising out of the entry onto the Lands or from the performance of the covenants or remedial action, shall be a first lien on the Lands and be shown on any tax certificate issued under the Assessment Act; (c) The Municipality may by resolution discharge this Agreement whereupon this Agreement shall have no further force or effect and henceforth the development of the Lands shall conform with the provisions of the Land Use By-law; or, (d) In addition to the above remedies, the Municipality reserves the right to pursue any other remedy under the Halifax Regional Municipality Charter or Common Law in order to ensure compliance with this Agreement. ~~SIGNED~~WITNESS that this Agreement, ~~SEALED AND DELIVERED~~ made in triplicate, was properly executed by the respective Parties on this day of , . the presence of: ~~Witness SIGNED, DELIVERED AND ATTESTED~~ ================================ to by the proper signing officers of Halifax Regional Municipality, duly authorized in that behalf, in the presence of: ~~Witness Witness LSJ HOLDINGS LTD~~ Per: Per: ~~HALIFAX REGIONAL MUNICIPALITY~~ Per: Mayor Per: Municipal Clerk 47.0 m 3.6 m 45.0 m Case 18107: Schedule C - Building Elevations, Proposed Lot 1 22.9 m FEBRUARY, 18 2014 DA11307-3D-v12 Goodwood, Nova Scotia A 01 Case 18107: Schedule D - Building Elevations, Proposed Lot 2 8.2 m 5.3 m 3 1 1 FEBRUARY, 18 2014 DA11307-3D-v14 Goodwood, Nova Scotia A 01 Attachment B: Review of Relevant Policies from the Municipal Planning Strategy for Planning District 4 RB-10 Notwithstanding Policy RB-2 or Policy RB-4, within the Residential B Designation, Council may consider permitting uses permitted in the general business zone, which are in excess of ten (10) percent of lot area, service stations, motels and entertainment uses in accordance with the development agreement provisions of the Planning Act. In considering such agreements, Council shall have regard to the following:~~_ MAYOR Per:_ MUNICIPAL CLERK PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day~~ (a) that the architectural design (external appearance) and scale of ~~_, A.D. 20 _, before me~~any structures are compatible with nearby land uses; Although the subject property is located in a mostly undeveloped stretch of Prospect Road, the ~~subscriber personally came and appeared a subscribing witness~~ abutting driving range to the ~~foregoing indenture who having been by me duly sworn~~north includes a single storey building with a significant roof pitch. Structures with pitched roof forms and roof articulation are also commonly found along Prospect Road. To recognize this common design approach, ~~made oath~~ the proposed development agreement requires each commercial building to be constructed with pitched roof forms and ~~said~~ roof articulation. With respect to building scale, the proposed development agreement requires development to be distributed within two buildings, and limits the overall gross floor area. (b) that adequate separation distances are maintained from low density residential developments; The subject property is not adjacent to any low density residential uses. (c) the provision of landscaping and screening from any adjacent residential development; The subject property is isolated from residential uses, ~~_ _ A Commissioner~~ thus landscaping required for the development is not intended to screen the proposed uses from residential development. (d) the impact of the ~~Supreme Court PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day~~ proposed use on the existing road network in terms of _traffic generation and vehicular and pedestrian safety; The proposed development includes a primary site driveway, ~~A.D. 20~~ located approximately 200 metres (656.2 feet) south of Old Coach Road, ~~before me~~and a second driveway located approximately 80 metres (262.5 feet) north of the primary site Policy Criteria Staff Comment driveway. The second driveway provides for ‘right-out-only’ egress. All accesses have been reviewed by the Nova Scotia Department of Transportation and Infrastructure Renewal (NSTIR) and have been deemed suitable. Further to this, to address traffic flow in the area, NSTIR requires improvements to Prospect Road which include a right turn lane and a left turn lane at the primary site driveway. The proposed development agreement requires NSTIR approval related to access and street improvements prior to the issuance of a construction permit. Further, the ~~subscriber personally came~~ proposed development agreement requires a substantial queuing area for the drive-in restaurant and ~~appeared~~ provision for pedestrian movement between the ~~subscribing witness~~ two buildings. (e) the means by which solid and liquid waste will be treated; The applicant has prepared conceptual wastewater treatment systems for each of the proposed buildings. The proposed development agreement requires Nova Scotia Environment approval of the systems prior to the ~~foregoing indenture who being by me sworn~~issuance of a construction permit. (f) the effects of the development on the natural environment and the means for handling stormwater runoff; The proposed development agreement requires a detailed Site Disturbance Plan, ~~made oath~~a detailed Erosion and Sedimentation Control Plan, and ~~said that Xxxx Xxxxxx, Mayor~~ a detailed Site Grading and ~~Xxxxx Xxxxxx, Clerk~~ Stormwater Management Plan prior to the commencement of any site work. The proposed development agreement also requires the Developer to construct a Stormwater Management System for the development. (g) the general maintenance of the ~~Halifax Regional Municipality, signed~~ development; The proposed development agreement includes provisions for the ~~same and affixed the seal~~ general maintenance of the ~~said Municipality thereto~~ development. (h) the hours of operation; and The uses permitted by the proposed development agreement are not anticipated to generate conflict with nearby land uses. Therefore, the proposed development agreement does not regulate hours of operation. (i) the provision of Policy IM-11. See below. (a) that the proposal is in ~~his/her presence. _ _ A Commissioner~~ conformity with the intent of this Planning Strategy and with the requirements of all other municipal by- laws and regulations; The proposal meets the intent of the ~~Supreme Court 0 XXXXXXXXX XXXX ELEC~~MPS. ~~BOX EXISTING TREES 10'-0" NEW RETAINING WALL 00 XXXXXX XXXX XXXX + 0 XXXXXXXXX XXXX XXXXXXX~~The proposed development agreement requires conformity with all other municipal by-laws and regulations. (b) that the proposal is not premature or inappropriate by reason of: (i) the financial capability of the Municipality to absorb any costs relating to the development; (ii) the adequacy of on-site sewerage and water services; (iii) the proximity of the proposed development to schools, ~~XX SCHEDULE B SITE PLAN Project No~~recreation or other community facilities and the capability of these services to absorb any additional demands; (iii) the adequacy of road networks leading to or within the development; and (v) the potential for damage to or for destruction of designated historic buildings and sites. (i) There are no costs to the Municipality. The developer is responsible for all costs associated with the proposed development. See Financial Implications section of the staff report. (ii) The applicant has prepared conceptual wastewater treatment systems for each of the proposed buildings. The proposed development agreement requires Nova Scotia Environment approval of the systems prior to the issuance of a construction permit. With regard to on-site water services, the applicant has provided groundwater reports which include water quantity and quality measurements from test xxxxx drilled on the subject property. The groundwater reports indicate the well proposed to service the northern commercial building will supply sufficient groundwater, however, water quality results for this well indicate a concentration of uranium greater than the Guidelines for Canadian Drinking Water Quality. As a result, groundwater from this well will require treatment. The groundwater reports also indicate the well proposed to service the southern commercial building produces a sustained yield of groundwater significantly less than the northern well. As a result, the proposed development agreement includes a limited list of permitted land uses, and restricts the size of a full service restaurant in the southern commercial building to 0,000 xxxxxx (iii) As the proposal does not include a residential component, no additional demands on schools, recreation or other community facilities are anticipated. (iv) see policy RB-10(d) (v) No designated historic buildings or sites are located in the area. (c) that controls are placed on the proposed development so as to reduce conflict with any adjacent or nearby land uses by reason of: ~~2018.01 Scale: 1" = 30'-0" Date: 12 Aug 2019 A01~~(i) type of use; (ii) height, bulk and lot coverage of any proposed building; (iii) traffic generation, access to and egress from the site, and parking; (iv) open storage; (v) signs; and (vi) any other relevant matter of planning concern. (i) The uses permitted by the proposed development agreement are not anticipated to generate conflict with adjacent uses. (ii) See comments above.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Failure to Comply. ~~8.2.1~~ If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer 90 30 days written notice of the failure or default, then in each such case: (a) The Municipality shall be entitled to apply to any court of competent jurisdiction for injunctive relief including an order prohibiting the Developer from continuing such default and the Developer hereby submits to the jurisdiction of such Court and waives any ~~defence~~ defense based upon the allegation that damages would be an adequate remedy; (b) The Municipality may enter onto the Lands and perform any of the covenants contained in this Agreement or take such remedial action as is considered necessary to correct a breach of the Agreement, whereupon all reasonable expenses whether arising out of the entry onto the Lands or from the performance of the covenants or remedial action, shall be a first lien on the Lands and be shown on any tax certificate issued under the Assessment Act; (c) The Municipality may by resolution discharge this Agreement whereupon this Agreement shall have no further force or effect and henceforth the development of the Lands shall conform with the provisions of the Land Use By-law; or (d) In addition to the above remedies, the Municipality reserves the right to pursue any other remedy under the Halifax Regional Municipality Charter or Common Law in order to ensure compliance with this Agreement. ~~SIGNED~~RD-5 Notwithstanding Policies RD-2 and RD-3, ~~SEALED AND DELIVERED~~ within the Residential Designation, Council shall only consider permitting larger home business uses in a dwelling and/or an accessory building according to the development agreement provisions of the Planning Act. In considering such an agreement, Council shall have regard to the following: (a) that the property which is being used for the home business purpose contains the principal residence of the operator of the business; The applicant/property owner is the principal resident and sole owner/operator of the business. (b) that no mechanical equipment is used except that which is reasonably consistent with the use of a dwelling and which does not create a nuisance by virtue of noise, vibration, glare or odour; No mechanical equipment will be used in the ~~presence~~ operation of the proposed greenhouse/nursery. No nuisance will be created by virtue of noise, vibration, glare or odour. (c) that there is no open storage or outdoor display; There is no open storage or outdoor display proposed. The business will be conducted entirely within the greenhouse and the existing residence. (d) the provision of adequate parking facilities; At least two off-street parking spaces are provided in accordance with the requirements of the Land Use Bylaw. (e) signage; and No signage has been proposed; however, the development agreement allows for one small sign (4 square feet) to identify the business. (f) the provisions of Policy IM-9. See below. IM-9 In considering development agreements and amendments to the land use by-law, in addition to all other criteria as set out in various policies of this strategy, Council shall have appropriate regard to the following matters: (a) that the proposal is in conformity with the intent of this strategy and with the requirements of all other municipal by-laws and regulations The proposal conforms with the intent of the Municipal Planning Strategy to limit the effects of business uses in residential zones. The proposed home business use is limited in scale, on a large lot with considerable buffering between the proposed greenhouse and adjacent properties. (b) that the proposal is not premature or inappropriate by reason of: ~~Witness SIGNED, DELIVERED AND ATTESTED~~ (i) the financial capability of the Municipality to by the proper signing officers of Halifax Regional Municipality, duly authorized in that behalf, in the presence of: Witness Witness LSJ HOLDINGS LTD Per: Per: HALIFAX REGIONAL MUNICIPALITY Per:_ MAYOR Per:_ MUNICIPAL CLERK PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day of _, A.D. 20 _, before me, the subscriber personally came and appeared a subscribing witness absorb any costs relating to the ~~foregoing indenture who having been by me duly sworn, made oath~~ development; (ii) the adequacy of on-site sewerage and ~~said that , _ _ A Commissioner of the Supreme Court PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day of _, A.D. 20 , before me, the subscriber personally came and appeared the subscribing witness~~ water services; (i) The property owner will be responsible for any costs relating to the ~~foregoing indenture who being by me sworn~~development. (ii) The greenhouse irrigation system will use water drawn from the property’s existing well. A capillary mat watering system is sealed, ~~made oath~~not allowing fertilizer to enter the ground, thereby reducing water usage and ~~said that Xxxx Xxxxxx~~eliminating runoff. (iii) the adequacy or proximity of school, ~~Mayor~~ recreation or other community facilities; (iv) the adequacy of road networks leading or adjacent to or within the development; and ~~Xxxxx Xxxxxx, Clerk~~ (v) the potential for damage to destruction of ~~the Halifax Regional Municipality, signed the same~~ designated historic buildings and affixed the seal of the said Municipality thereto in his/her presence. _ _ A Commissioner of the Supreme Court 0 XXXXXXXXX XXXX ELEC. BOX EXISTING TREES 10'-0" NEW RETAINING WALL 00 XXXXXX XXXX XXXX + 0 XXXXXXXXX XXXX XXXXXXX, XX SCHEDULE B SITE PLAN Project Nosites.~~: 2018.01 Scale: 1" = 30'-0" Date: 12 Aug 2019 A01~~

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Failure to Comply. ~~8.2.1~~ 7.2.1 If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer 90 days written notice of the failure or default, then in each such case: (a) The Municipality shall be entitled to apply to any court of competent jurisdiction for injunctive relief including an order prohibiting the Developer from continuing such default and the Developer hereby submits to the jurisdiction of such Court and waives any defence based upon the allegation that damages would be an adequate remedy; (b) The Municipality may enter onto the Lands and perform any of the covenants contained in this Agreement or take such remedial action as is considered necessary to correct a breach of the Agreement, whereupon all reasonable expenses whether arising out of the entry onto the Lands or from the performance of the covenants or remedial action, shall be a first lien on the Lands and be shown on any tax certificate issued under the Assessment Act; (c) The Municipality may by resolution discharge this Agreement whereupon this Agreement shall have no further force or effect and henceforth the development of the Lands shall conform with the provisions of the Land Use By-law; or (d) In addition to the above remedies, the Municipality reserves the right to pursue any other remedy under the Halifax Regional Municipality Charter or Common Law in order to ensure compliance with this Agreement. SIGNED, SEALED AND DELIVERED in the presence of: Witness SIGNED, DELIVERED AND ATTESTED to by the proper signing officers of Halifax Regional Municipality, duly authorized in that behalf, in the presence of: Witness Witness ~~LSJ HOLDINGS LTD Per: Per:~~ (OWNER) HALIFAX REGIONAL MUNICIPALITY Per:_ MAYOR Per:_ MUNICIPAL CLERK PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this __ day of _, A.D. 20 _, before me, the subscriber personally came and appeared a subscribing witness to the foregoing indenture who having been by me duly sworn, made oath and said that , ~~_ _ A Commissioner of the Supreme Court~~ PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this __ day of _, A.D. 20 , before me, the subscriber personally came and appeared the subscribing witness to the foregoing indenture who being by me sworn, made oath, and said that Xxxx Xxxxxx, Mayor and Xxxxx Xxxxxx, Clerk of the Halifax Regional Municipality, signed the same and affixed the seal of the said Municipality thereto in his/her presence. ~~_ _ A Commissioner~~ Schedule B: Site Plan new fence existing fence _/ Parking area 45'x22 165 Roxbury Cr +--+-Grassed buffer - landscaped buffer THIS DISCHARGING AGREEMENT made this [Insert Date] day of [Insert Month], 20 , BETWEEN: a body corporate, in the Supreme Court 0 XXXXXXXXX XXXX ELEC. BOX EXISTING TREES 10'-0" NEW RETAINING WALL 00 XXXXXX XXXX XXXX + 0 XXXXXXXXX XXXX XXXXXXX, XX SCHEDULE B SITE PLAN Project No.: 2018.01 Scale: 1" = 30'-0" Date: 12 Aug 2019 A01Province of Nova Scotia (hereinafter called the "Developer") and

Appears in 2 contracts

Samples: Rezoning and Development Agreement, Rezoning and Development Agreement

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Failure to Comply. ~~8.2.1~~ 6.2.1 If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer 90 thirty (30) days written notice of the failure or default, then in each such case: ~~(a)~~ a. The Municipality shall be entitled to apply to any court of competent jurisdiction for injunctive relief including an order prohibiting the Developer from continuing such default and the Developer hereby submits to the jurisdiction of such Court and waives any ~~defence~~ defense based upon the allegation that damages would be an adequate remedy; ~~(b)~~ b. The Municipality may enter onto the Lands and perform any of the covenants contained in this Agreement or take such remedial action as is considered necessary to correct a breach of the Agreement, whereupon all reasonable expenses whether arising out of the entry onto the Lands or from the performance of the covenants or remedial action, shall be a first lien on the Lands and be shown on any tax certificate issued under the Assessment Act; ~~(c)~~ c. The Municipality may by resolution discharge this Agreement whereupon this Agreement shall have no further force or effect and henceforth the development of the Lands shall conform with the provisions of the Land Use ~~By-~~By law; or ~~(d)~~ d. In addition to the above remedies, the Municipality reserves the right to pursue any other remedy under the Halifax Regional Municipality Charter or Common Law in order to ensure compliance with this ~~Agreement.~~ Agreement SIGNED, SEALED AND DELIVERED in ~~the presence~~ thepresence of: Witness SIGNED, DELIVERED AND ATTESTED to by ~~the proper~~ theproper signing officers of Halifax Regional Municipality, duly authorized in that behalf, in the presence of: ~~Witness Witness LSJ HOLDINGS LTD~~ (Insert Registered Owner Name) Per~~: Per:~~ :_ HALIFAX REGIONAL MUNICIPALITY Per:_ Witness Witness MAYOR Per:_ MUNICIPAL CLERK ~~PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On~~ <-1 a.m• Subject Lands lands of Melmik Holdings Limited P.1.0. Ho. 4081311$ 4001.)107 SSHEOULE B • Area of Development Old Post Xxxx Enfield, Holifox County, Ho¥a Seotio tklW Odowll.201' • • l •llOOfHl Lands and Forestry Wildlife Division 000 Xxxxxxxxxx Xx. Xxxxxxxxx, Xxxx Xxxxxx X0X 0X0 December 14, 2020 Dear Xx. Xxxxxx, Species at Risk staff at the Wildlife Division, Nova Scotia Department of Lands and Forestry have reviewed the proposed development (Case 19117). Upon review, staff noted the following concerns with the proposed development: • The site is within NS core habitat of the ‘Threatened’ Wood turtle (Glyptemys insculpta) as defined in the Nova Scotia Species at Risk Recovery Plan for Wood Turtle (Figure 1). Core habitat definition implies that Wood turtle observations, and over-wintering and reproductive activity have occurred within the footprint of the site over multiple years. It is significant habitually used habitat that supports the persistence and recovery of the species in NS. • Additionally, in the centre of the defined core habitat within the footprint is a small triangular area approximately 536 m X 868 m that has supported Wood turtle observations in the past but is not currently defined as core habitat. Given that Wood turtles can travel 4-5 kilometers in pursuit of nesting, over-wintering, new streams and feeding areas, there is a very high probability that Wood turtles may be regularly encountered in this ~~day~~ area (Figure 1). • In the immediate area of _the proposed development (3km or less of the project site), ~~A.D. 20 _~~there were also records of the following: ▪ Eastern Wood Pewee (Contopus virens) observations including a singing male and possible nesting habitat, ~~before me~~indicating that the area is breeding habitat. Eastern wood pewee is listed as ‘Vulnerable’ under the NS Endangered Species Act (ESA) and Special Concern under the federal Species at Risk Act (XXXX). As a migratory bird, the ~~subscriber personally came~~ species is also protected by the NS Wildlife Act and ~~appeared~~ the Migratory Birds Convention Act (MBCA). ▪ Monarch (Danaus plexippus). This butterfly is ‘Endangered’ under the ESA and is currently listed as Special Concern under XXXX. It is currently being considered for ‘Endangered’ designation under XXXX. ▪ 2 to 5 Bat species. The technology used to identified bats indicates 50% confidence of the presence of Xxxxxx Xxxxx Myotis (Myotis lucifigus). The Little Brown Myotis (bat) is ‘Endangered’ under both the ESA and XXXX. ▪ Habitat suitability models indicate that Boreal Felt Lichen (Erioderma pedicellatum) habitat may be present. The species is ‘Endangered’ under both the ESA and XXXX. ▪ Other observations of interest - Atlantic Salmon (proposed as threatened/endangered under XXXX), American Eel (proposed as threatened under XXXX) ▪ Rare dragonflies: Xxxxx Snaketail, Skillet Clubtail These observations indicate that no work should proceed without consideration of a ~~subscribing witness~~ NS Species at Risk permit. No permit is currently held, nor has a permit application been submitted with respect to this project. Under the NS ESA, the following prohibitions apply for ‘threatened’ or ‘Endangered’ species unless one is in possession of an ESA permit (1) No person shall (a) kill, injure, possess, disturb, take or interfere with or attempt to kill, injure, possess, disturb, take or interfere with an endangered or threatened species or any part or product thereof; (b) possess for sale, offer for sale, sell, buy, trade or barter an endangered or threatened species or any part or product thereof; (c) destroy, disturb or interfere with or attempt to destroy, disturb or interfere with the specific dwelling place or area occupied or habitually occupied by one or more individuals or populations of an endangered or threatened species, including the nest, nest shelter, hibemaculum or den of an endangered or threatened species; (d) contravene any regulation made with respect to a core habitat; or ( e) contravene an order made pursuant to Section 18. ESA permits can only be issued for two reasons, neither of which appear to apply to this project as currently described. 14 (1) The Minister may, upon application, issue a permit to a person authorizing the person to possess, disturb, take or interfere with an endangered or threatened species for (a) scientific purposes related to the ~~foregoing indenture who having been by me duly sworn, made oath and said that , _ _ A Commissioner~~ conservation of the ~~Supreme Court PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day~~ endangered or threatened species; or (b) the protection of _, A.D. 20 , before me, the subscriber personally came and appeared the subscribing witness to the foregoing indenture who being by me sworn, made oath, and said that Xxxx Xxxxxx, Mayor and Xxxxx Xxxxxx, Clerk of the Halifax Regional Municipality, signed the same and affixed the seal of the said Municipality thereto in his/her presence. _ _ A Commissioner of the Supreme Court 0 XXXXXXXXX XXXX ELEC. BOX EXISTING TREES 10'-0" NEW RETAINING WALL 00 XXXXXX XXXX XXXX + 0 XXXXXXXXX XXXX XXXXXXX, XX SCHEDULE B SITE PLAN Project Nohuman health or safety.~~: 2018.01 Scale: 1" = 30'-0" Date: 12 Aug 2019 A01~~

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Appears in 2 contracts

Samples: Lub Amendment and Development Agreement, Lub Amendment and Development Agreement

Appears in 1 contract

Samples: Development Agreement

Failure to Comply. ~~8.2.1~~ 7.2.1 If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer 90 30 days written notice of the failure or default, then in each such case: (a) The Municipality shall be entitled to apply to any court of competent jurisdiction for injunctive relief including an order prohibiting the Developer from continuing such default and the Developer hereby submits to the jurisdiction of such Court and waives any ~~defence~~ defense based upon the allegation that damages would be an adequate remedy; (b) The Municipality may enter onto the Lands and perform any of the covenants contained in this Agreement or take such remedial action as is considered necessary to correct a breach of the Agreement, whereupon all reasonable expenses whether arising out of the entry onto the Lands or from the performance of the covenants or remedial action, shall be a first lien on the Lands and be shown on any tax certificate issued under the Assessment Act; (c) The Municipality may by resolution discharge this Agreement whereupon this Agreement shall have no further force or effect and henceforth the development of the Lands shall conform with the provisions of the Land Use ~~By-~~By law; or (d) In addition to the above remedies, the Municipality reserves the right to pursue any other remedy under the Halifax Regional Municipality Charter or Common Law in order to ensure compliance with this Agreement. ~~SIGNED~~WITNESS that this Agreement, ~~SEALED AND DELIVERED~~ made in triplicate, was properly executed by the respective Parties on this day of , 20 . the presence of: Witness ~~SIGNED, DELIVERED AND ATTESTED~~ to by the proper signing officers of Halifax Regional Municipality, duly authorized in that behalf, in the presence of: Witness Witness ~~LSJ HOLDINGS LTD~~ Per: MAYOR Per: ~~HALIFAX REGIONAL MUNICIPALITY Per:_ MAYOR Per:_~~ MUNICIPAL CLERK ~~PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day~~ Schedule D: Proposed Replica Dormer Proposed Replica Dormer a) that the building is suitable for conversion, in terms of _building size and the nature of the proposed use; The building appears to be suitable for conversion. The subject heritage building has been previously used as a lounge and restaurant. The draft agreement permits the use of a full service restaurant provided the use does not exceed a maximum gross floor area of (139.5 square meters) 1500 square feet. Approximately 28 parking spaces are required as part of the development agreement. This represents a minor variance of 13 percent from the Land Use By-law requirement of 30 spaces, ~~A.D. 20 _~~not including 2 mobility disabled parking spaces. b) that adequate measures are proposed to ensure the continued protection of the building as a municipally registered Staff is of the opinion that no substantial alterations to the Heritage Building are being proposed as part of the application. heritage property, ~~before me~~and that renovations and additions to the building are consistent with the intent of HRM’s “Heritage Building Conservation Standards” as revised from time to time; Staff has reviewed the proposed development agreement to ensure consistency with the intent of HRM’s “Heritage Building Conservation Standards”. Landscaping requirements require the retention of existing apple trees on the subject property and the planting of new trees and shrubs. Also, the ~~subscriber personally came~~ proposed development agreement allows for the re- installation of dormer window which was previously removed from the heritage building. c) that the proposed use(s) of the property are compatible with other uses on the property and ~~appeared~~ surrounding land uses. The proposed development agreement contains several requirements to ensure proper buffering of the proposed use and adjacent residential land uses. The development agreement requires a ~~subscribing witness~~ 6 foot high solid wood board fence along the northeastern property line and 6 foot high solid wood board fence along the northern property line should the adjacent property (000 Xxxxxx Xxxx Xxxx) be developed. The development agreement contains requirements for shielded lighting so as to direct light away from adjacent properties. Also, the development agreement contains provisions that limit the hours of operation to coincide with the requirements of HRM By-law N-200 respecting noise. d) that all additions including wheelchair ramps, fire escapes and emergency exits shall be designed to be as compatible as possible with the exterior of the building; No substantial additions or alterations are being proposed. As proposed the proposed restaurant will be accommodated within the existing structure. e) that adequate measures are proposed to minimize impacts on abutting properties and the streetscape as a whole as a result of traffic generation, noise, hours of operation, parking requirements, and such other land use impacts as may be generated as part of a development; Traffic is not anticipated to have a significant impact on the local road network. The proposed development agreement prohibits direct driveway access to and from Beaver Bank Road. Driveway access is provided via Windgate Drive. In addition, the development agreement contains provisions to limit potential impacts related to noise, lighting and parking. f) that the placement and design of parking areas, lighting and signs, and landscaping is in keeping with the heritage character of the building; As proposed, parking areas will be located in hard surfaced areas that were previously utilized for parking during the property’s former use as a tavern. The development agreement requires a landscaping plan which requires the retention of existing mature trees and the planting of new trees and shrubs. Buffering is required in the form of fencing and landscaping between the subject property and adjacent residential uses. Required solid wood board fencing between the subject property and neighbouring residential uses will aid to contain lighting generated by vehicles. Further, the development agreement requires submission of a lighting plan, shielded lighting fixtures and restrictions on specific types of lighting and signage which may generate potential negative impact on neighbouring properties and/or the character of the heritage building. g) where applicable, the proposal should include an assessment and strategy to protect significant on-site archeological resources which may be impacted by the proposed development. The subject property is not located within an area of archeological significance as identified by the Province. However, the development agreement contains a clause whereby the developer shall contact the Curator of Special Places with the Heritage Division of the Department of Tourism, Culture and Heritage of the Province of Nova Scotia should any development or disturbance of the subject property result in the identification of significant archeological resources. h) the provisions of Policy P-137. (Regional Council-March 26, 2002, Effective-April 25, 2002) … (a) that the proposal is in conformity with the intent of this Plan and with the requirements of all other municipal by- laws and regulations; As proposed, the application is in conformance with the provisions of the Municipal Planning Strategy and Land Use By-law for Beaver Bank, Xxxxxxxx Plains and Upper Sackville. A minor variance of 13 percent has been permitted under the proposed development agreement to allow for a reduction in total parking spaces from a minimum of 30 required spaces to a minimum of 26 spaces. (b) that the proposal is not premature or inappropriate by reason of: (i) the financial capability of the Municipality to absorb any costs relating to the ~~foregoing indenture who having been~~ development; (ii) the adequacy of central or on- site sewerage and water services; (iii) the adequacy or proximity of school, recreation or other community facilities; (iv) the adequacy of road networks leading or adjacent to or within the development; and (v) the potential for damage to or for destruction of designated historic buildings and sites. The proposal is not premature or inappropriate for reasons specified under P-137 (b) i-v. (c) that controls are placed on the proposed development so as to reduce conflict with any adjacent or nearby land uses by ~~me duly sworn~~reason of: (i) type of use; (ii) height, ~~made oath~~ bulk and ~~said that~~ lot coverage of any proposed building; (iii) traffic generation, ~~_ _ A Commissioner of~~ access to and egress from the Supreme Court PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day of _, A.D. 20 , before me, the subscriber personally came and appeared the subscribing witness to the foregoing indenture who being by me sworn, made oathsite, and ~~said that Xxxx Xxxxxx~~parking; (iv) open storage; Please see above response to Policy 125(a), ~~Mayor~~ Subsections (e) and Xxxxx Xxxxxx, Clerk of the Halifax Regional Municipality, signed the same and affixed the seal of the said Municipality thereto in his/her presence. _ _ A Commissioner of the Supreme Court 0 XXXXXXXXX XXXX ELEC. BOX EXISTING TREES 10'-0" NEW RETAINING WALL 00 XXXXXX XXXX XXXX + 0 XXXXXXXXX XXXX XXXXXXX, XX SCHEDULE B SITE PLAN Project No(d).~~: 2018.01 Scale: 1" = 30'-0" Date: 12 Aug 2019 A01~~

Appears in 1 contract

Samples: Development Agreement

Appears in 1 contract

Samples: Open Space Design Development Agreement

Appears in 1 contract

Samples: Development Agreement

Appears in 1 contract

Samples: Development Agreement

Failure to Comply. ~~8.2.1~~ 7.2.1 If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer 90 days written notice of the failure or default, then in each such case: (a) The Municipality shall be entitled to apply to any court of competent jurisdiction for injunctive relief including an order prohibiting the Developer from continuing such default and the Developer hereby submits to the jurisdiction of such Court and waives any defence based upon the allegation that damages would be an adequate remedy; (b) The Municipality may enter onto the Lands and perform any of the covenants contained in this Agreement or take such remedial action as is considered necessary to correct a breach of the Agreement, whereupon all reasonable expenses whether arising out of the entry onto the Lands or from the performance of the covenants or remedial action, shall be a first lien on the Lands and be shown on any tax certificate issued under the Assessment Act; (c) The Municipality may by resolution discharge this Agreement whereupon this Agreement shall have no further force or effect and henceforth the development of the Lands shall conform with the provisions of the Land Use By-law; or (d) In addition to the above remedies, the Municipality reserves the right to pursue any other remedy under the Halifax Regional Municipality Charter or Common Law in order to ensure compliance with this Agreement. SIGNED, SEALED AND DELIVERED in the presence of: Witness SIGNED, DELIVERED AND ATTESTED to by the proper signing officers of Halifax Regional Municipality, duly authorized in that behalf, in the presence of: Witness Witness ~~LSJ HOLDINGS LTD Per: Per:~~ (INSERT REGISTERED OWNER NAME) _ _ _ HALIFAX REGIONAL MUNICIPALITY Per:_ MAYOR Per:_ MUNICIPAL CLERK PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day of _, A.D. 20 _, before me, the subscriber personally came and appeared a subscribing witness to the foregoing indenture who having been by me duly sworn, made oath and said that , _ of the parties thereto, signed, sealed and delivered the same in his/her presence. _ _ A Commissioner of the Supreme Court PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day of _, A.D. 20 , before me, the subscriber personally came and appeared the subscribing witness to the foregoing indenture who being by me sworn, made oath, and said that Xxxx Xxxxxx, Mayor and Xxxxx Xxxxxx, Clerk of the Halifax Regional Municipality, signed the same and affixed the seal of the said Municipality thereto in his/her presence. _ _ A Commissioner of the Supreme Court ~~0 XXXXXXXXX~~ Schedule B — Case 21795 00 XXXXXXX XXXX ~~ELEC. BOX EXISTING TREES 10'-0" NEW RETAINING WALL 00 XXXXXX XXXX XXXX + 0 XXXXXXXXX XXXX XXXXXXX~~ROAD HALIFAX, ~~XX SCHEDULE B~~ NS SITE PLAN Project No.: 2018.01 Scale: 1" = 30'-0" Date: ~~12 Aug~~ 5 Feb 2019 A01

Appears in 1 contract

Samples: Development Agreement

Appears in 1 contract

Samples: Development Agreement

Failure to Comply. ~~8.2.1~~ If ~~the Developer~~ Tenant fails to ~~observe or perform~~ comply with any ~~condition~~ provision of this ~~Agreement~~ Paragraph VII, then, in addition to any and all other equitable and legal remedies which Landlord may have, Xxxxxx agrees to pay to Landlord, as additional rent, a sum equal to One Hundred and no/100 Dollars ($100.00) per day for each day it fails to comply with such requirements. This amount shall be payable to Landlord within ten (10) days after written demand. Xxxxxxxx agrees that it will not impose this additional rent the ~~Municipality has given the Developer 90 days written notice of the failure or default, then~~ first time Xxxxxx fails to comply in each calendar year, provided Tenant corrects such ~~case:~~ non-compliance within ten (a10) ~~The Municipality~~ days after notice from Landlord. Tenant shall ~~be entitled to apply to~~ never use the Premises for an illegal purpose. Landlord is unaware of any ~~court of competent jurisdiction~~ applicable governmental use requirement (including, without limitation, zoning restrictions) that would prevent Tenant from using the Premises for ~~injunctive relief including an order prohibiting~~ general office use. Tenant shall comply with all federal, state and local laws and regulations regarding hazardous materials in connection with any business conducted at the Developer from continuing such default and the Developer hereby submits to the jurisdiction of such Court and waives any defence based upon the allegation that damages would be an adequate remedy; (b) The Municipality may enter onto the Lands and perform any of the covenants contained in this Agreement or take such remedial action as is considered necessary to correct a breach of the Agreement, whereupon all reasonable expenses whether arising out of the entry onto the Lands or from the performance of the covenants or remedial action, shall be a first lien on the Lands and be shown on any tax certificate issued under the Assessment Act; (c) The Municipality may by resolution discharge this Agreement whereupon this Agreement Premises. Tenant shall have no ~~further force or effect and henceforth~~ right of access to the ~~development~~ roof of the ~~Lands shall conform with~~ Premises or the ~~provisions~~ Building. Tenant acknowledges that the Landlord (including any employee or agent of the ~~Land Use By~~Landlord) has not made any representation or warranty with respect to the Premises or concerning the suitability of the Premises for the uses intended by the Tenant, except as otherwise stated herein. The Tenant acknowledges that the Landlord has not agreed to undertake any modification, alteration, or improvement of the Premises. The taking of possession of the Premises by the Tenant shall conclusively establish that the same were at that time in a satisfactory condition unless within thirty (30) days after the date of possession the Tenant gives to the Landlord a written notice specifying in reasonable detail items, which are defective, or in an unsatisfactory condition. Tenant acknowledges and will make best efforts to promote and aid in the enforcement of a smoke-~~law; or (d)~~ free environment on the Premises where smoking is not permitted by visitors, guests, invitees, employees and others on the Premises and Common Areas. In addition to the above remedies, the Municipality reserves the right to pursue any other remedy under the Halifax Regional Municipality Charter or Common Law in order to ensure compliance with this Agreement. SIGNED, SEALED AND DELIVERED in the presence of: Witness SIGNED, DELIVERED AND ATTESTED to by the proper signing officers of Halifax Regional Municipality, duly authorized in that behalfrights and remedies herein, in the ~~presence of: Witness Witness LSJ HOLDINGS LTD Per: Per: HALIFAX REGIONAL MUNICIPALITY Per:_ MAYOR Per:_ MUNICIPAL CLERK PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day~~ event the Landlord suspects the violation of ~~_, A.D. 20 _, before me,~~ the ~~subscriber personally came and appeared a subscribing witness~~ smoke-free environment the Tenant agrees to immediately release any claim to the ~~foregoing indenture who having been by me duly sworn~~Security deposit to Landlord, made oath and said that , _ _ A Commissioner of the Supreme Court PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day of _, A.D. 20 , before me, the subscriber personally came and appeared the subscribing witness to the foregoing indenture who being by me sworn, made oath, and said that Xxxx Xxxxxx, Mayor and Xxxxx Xxxxxx, Clerk of the Halifax Regional Municipality, signed the same and affixed the seal of the said Municipality thereto in his/her presence. _ _ A Commissioner of the Supreme Court 0 XXXXXXXXX XXXX ELEC. BOX EXISTING TREES 10'-0" NEW RETAINING WALL 00 XXXXXX XXXX XXXX + 0 XXXXXXXXX XXXX XXXXXXX, XX SCHEDULE B SITE PLAN Project Noupon written notice from Landlord.~~: 2018.01 Scale: 1" = 30'-0" Date: 12 Aug 2019 A01~~

Appears in 1 contract

Samples: Commercial Lease

Appears in 1 contract

Samples: Development Agreement

Failure to Comply. ~~8.2.1~~ If ~~the Developer~~ Tenant fails to ~~observe or perform~~ comply with any ~~condition~~ provision of this ~~Agreement~~ Paragraph VII, then, in addition to any and all other equitable and legal remedies which Landlord may have, Xxxxxx agrees to pay to Landlord, as additional rent, a sum equal to One Hundred and no/100 Dollars ($100.00) per day for each day it fails to comply with such requirements. This amount shall be payable to Landlord within ten (10) days after written demand. Xxxxxxxx agrees that it will not impose this additional rent the ~~Municipality has given the Developer 90 days written notice of the failure or default, then~~ first time Tenant fails to comply in each calendar year, provided Tenant corrects such ~~case:~~ non-compliance within ten (a10) ~~The Municipality~~ days after notice from Landlord. Tenant shall ~~be entitled to apply to~~ never use the Premises for an illegal purpose. Landlord is unaware of any ~~court of competent jurisdiction~~ applicable governmental use requirement (including, without limitation, zoning restrictions) that would prevent Tenant from using the Premises for ~~injunctive relief including an order prohibiting~~ general office use. Tenant shall comply with all federal, state and local laws and regulations regarding hazardous materials in connection with any business conducted at the Developer from continuing such default and the Developer hereby submits to the jurisdiction of such Court and waives any defence based upon the allegation that damages would be an adequate remedy; (b) The Municipality may enter onto the Lands and perform any of the covenants contained in this Agreement or take such remedial action as is considered necessary to correct a breach of the Agreement, whereupon all reasonable expenses whether arising out of the entry onto the Lands or from the performance of the covenants or remedial action, shall be a first lien on the Lands and be shown on any tax certificate issued under the Assessment Act; (c) The Municipality may by resolution discharge this Agreement whereupon this Agreement Premises. Tenant shall have no ~~further force or effect and henceforth~~ right of access to the ~~development~~ roof of the ~~Lands shall conform with~~ Premises or the ~~provisions~~ Building. Tenant acknowledges that the Landlord (including any employee or agent of the ~~Land Use By~~Landlord) has not made any representation or warranty with respect to the Premises or concerning the suitability of the Premises for the uses intended by the Tenant, except as otherwise stated herein. The Tenant acknowledges that the Landlord has not agreed to undertake any modification, alteration, or improvement of the Premises. The taking of possession of the Premises by the Tenant shall conclusively establish that the same were at that time in a satisfactory condition unless within thirty (30) days after the date of possession the Tenant gives to the Landlord a written notice specifying in reasonable detail items, which are defective, or in an unsatisfactory condition. Tenant acknowledges and will make best efforts to promote and aid in the enforcement of a smoke-~~law; or (d)~~ free environment on the Premises where smoking is not permitted by visitors, guests, invitees, employees and others on the Premises and Common Areas. In addition to the above remedies, the Municipality reserves the right to pursue any other remedy under the Halifax Regional Municipality Charter or Common Law in order to ensure compliance with this Agreement. SIGNED, SEALED AND DELIVERED in the presence of: Witness SIGNED, DELIVERED AND ATTESTED to by the proper signing officers of Halifax Regional Municipality, duly authorized in that behalfrights and remedies herein, in the ~~presence of: Witness Witness LSJ HOLDINGS LTD Per: Per: HALIFAX REGIONAL MUNICIPALITY Per:_ MAYOR Per:_ MUNICIPAL CLERK PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day~~ event the Landlord suspects the violation of ~~_, A.D. 20 _, before me,~~ the ~~subscriber personally came and appeared a subscribing witness~~ smoke-free environment the Tenant agrees to immediately release any claim to the ~~foregoing indenture who having been by me duly sworn~~Security deposit to Landlord, made oath and said that , _ _ A Commissioner of the Supreme Court PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day of _, A.D. 20 , before me, the subscriber personally came and appeared the subscribing witness to the foregoing indenture who being by me sworn, made oath, and said that Xxxx Xxxxxx, Mayor and Xxxxx Xxxxxx, Clerk of the Halifax Regional Municipality, signed the same and affixed the seal of the said Municipality thereto in his/her presence. _ _ A Commissioner of the Supreme Court 0 XXXXXXXXX XXXX ELEC. BOX EXISTING TREES 10'-0" NEW RETAINING WALL 00 XXXXXX XXXX XXXX + 0 XXXXXXXXX XXXX XXXXXXX, XX SCHEDULE B SITE PLAN Project Noupon written notice from Landlord.~~: 2018.01 Scale: 1" = 30'-0" Date: 12 Aug 2019 A01~~

Appears in 1 contract

Samples: Commercial Lease

Failure to Comply. ~~8.2.1~~ If the Developer fails to observe or perform any covenant or condition of this Agreement after the Municipality has given the Developer 90 fourteen days written notice of the failure or default, except, then in each such case: (a) The Municipality shall be entitled to apply to any court of competent jurisdiction for injunctive relief including an order prohibiting the Developer from continuing such default and the Developer hereby submits to the jurisdiction of such Court and waives any ~~defence~~ defense based upon the allegation that damages would be an adequate remedy; (b) The Municipality may enter onto the Lands and perform any of the covenants contained in this Agreement or take such remedial action as is considered necessary to correct a breach of the Development Agreement, whereupon all reasonable expenses whether arising out of the entry onto the ~~Lands~~ lands or from the performance of the covenants or remedial action, shall be a first lien on ~~the~~ Lands and be shown on any tax certificate issued under the Assessment Act; (c) The Municipality may by resolution discharge this Agreement whereupon this Agreement shall have no further force or effect and henceforth the development of the Lands shall conform with the provisions of the Land Use By-law; orand (d) In addition to the above ~~remedies,~~ remedies the Municipality reserves the right to pursue any other ~~remedy~~ remediation under the Halifax Regional Municipality Charter or Common Law in order to ensure compliance with this Agreement. ~~SIGNED, SEALED AND DELIVERED in~~ IN WITNESS WHEREAS the said parties to these presents have hereunto set their hands and affixed their seals the day and year first above written. the presence of: Witness ~~SIGNED, DELIVERED AND ATTESTED~~ to by the proper signing officers of Halifax Regional Municipality, duly authorized in that behalf, in the presence of: Witness Witness ~~LSJ HOLDINGS LTD~~ Per: MAYOR Per: ~~HALIFAX REGIONAL MUNICIPALITY Per:_ MAYOR Per:_~~ MUNICIPAL CLERK ~~PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On~~ 60 % Common Open Space 40 % Developable Area HRM does not guarantee the accuracy of any base information. Nov. 20, 2013 Case 17061 T:\work\planning\Xxxxx\Official_Maps\case_maps\Case 17061\Sch B.PDF (HK) HRM does not guarantee the accuracy of any base information. January 15, 2014 Case 17061 T:\work\planning\Xxxxx\Official_Maps\case_maps\Case 17061\Sch_C.PDF (HK) S-15 HRM shall permit the development of Open Space Design residential communities, as outlined in this Plan, within the Rural Commuter and Rural Resource designations and within the Harbour designation outside of the Urban Service Area, but not within the portions of the Beaver Bank and Xxxxxxxx Plains communities as identified in the Subdivision By-law under Policy S-25 and within the Rural Area Designation under the Eastern Passage/Cow Bay Plan Area. HRM will consider permitting the maximum density of such developments to one unit per hectare of gross site area. In considering approval of such development agreements, HRM shall consider the following: (a) where the development is to be serviced by groundwater and as determined through a hydrogeological assessment conducted by a qualified professional, that there is an adequate supply of ground water to service the development and that the proposed development will not adversely affect groundwater supply in adjacent developments; The Level I and the Level II groundwater assessment has been prepared for the lands. The test xxxxx revealed acceptable long term yields to service the development. Staff believe the submitted groundwater assessment shows an adequate supply of groundwater is present to service the proposed residential development. (b) that there is sufficient traffic capacity to service the development; HRM Development Engineering has accepted the Traffic Impact Study prepared for 5 unit residential development. Therefore, 4 units will have no adverse traffic impacts. (c) the types of land uses to be included in the development which may include a mix of residential, associated public or privately-owned community facilities, home-based offices, day cares, small-scale bed and breakfasts, forestry and agricultural uses; The proposed DA allows for single unit dwellings with home based business as per the R-1 zone of _the Xxxx Harbour/ Xxxxxxxx LUB. (d) whether soil conditions and other relevant criteria to support on-site sewage disposal systems can be met; The applicant is proposing on-site sewage treatment that includes a common disposal bed and related buried infrastructure that receives treated effluent from each individual home’s septic tank. Buried pipes will collect and carry sewerage by gravity flow from the dwellings to a buried pump chamber located adjacent the disposal bed. (e) the lot frontages and yards required to minimize the extent of road development, ~~A.D. 20 _~~to cluster building sites on the parcel and provide for appropriate fire safety separations; The cluster type of residential development minimizes extent of public street development through use of existing street for access. (f) that the building sites for the residential units, ~~before me~~including all structures, Not applicable under Policy S-16 criteria that excludes Policy S-15(f) for classic open space driveways and private lawns, do not exceed approximately 20% of the lot area; designs. (g) approximately 80% of the lot is retained as a non-disturbance area (no alteration of grades, except for the placement of a well or on-site sewage disposal system in the non-disturbance area shall be permitted and provision shall be made for the selective cutting of vegetation to maintain the health of the forest); Not applicable under Policy S-16 criteria that excludes Policy S-15(g) for classic open space design. (h) that the development is designed to retain the non-disturbance areas and to maintain connectivity with any open space on adjacent parcels; The development is designed such that the 60% of the lands required to be retained as common. There are two developed trails, Salt Xxxxx Trail and Xxxx Harbour Heritage Park trail in the area that are accessible to residents but not connected to or through the site. (i) connectivity of open space is given priority over road connections if the development can be sited on the parcel without jeopardizing safety standards; n/a (j) trails and natural networks, as generally shown on Map 3 or a future Open Space Functional Plan, are delineated on site and preserved; Map 3 of the Regional MPS identifies a proposed trail in the vicinity of the proposed development but none occur on the site. There is no connection to the site however and not likely in the future. (k) parks and natural corridors, as generally shown on Map 4 or a future Open Space Functional Plan, are delineated on site and preserved; The site abuts undeveloped parkland park land. (l) that the proposed roads and building sites do not significantly impact upon any primary conservation area, including riparian buffers, wetlands, 1 in 100 year floodplains, rock outcroppings, slopes in excess of 30%, agricultural soils and archaeological sites; Staff believe that proposed dwellings are located to minimize impact upon primary conservation areas. (m) the proposed road and building sites do not encroach upon or are designed to retain features such as any significant habitat, scenic vistas, historic buildings, pastoral landscapes, military installations, mature forest, stone walls, and other design features that capture elements of rural character; n/a (n) that the roads are designed to appropriate standards as per Policy T-2; No roads proposed. (o) views of the open space elements are maximized throughout the development; Views of the open space design were taken into account when designing the development. (p) opportunities to orient development to maximize the capture of solar energy; The developer has designed the development without such a design response. (q) the proposed residential dwellings are a minimum of 800 metres away from any permanent extractive facility; There is no local extraction resource in the area. (r) the proposed development will not significantly impact any natural resource use and that there is sufficient buffering between any existing resource use and the proposed development to mitigate future community concerns; and Staff believe the proposed development will not impact any natural resource use. The abutting regional parkland functions as a protective buffer. (s) consideration be given to any other matter relating to the impact of the development upon surrounding uses or upon the general community, as contained in Policy IM-15. n/a S-16 Further to Policy S-15, within the Rural Commuter, Rural Resource and Agricultural Designations, HRM shall permit an increase in density for Open Space Design Developments up to 1 unit per 4000 square metres, or greater in centres as may be provided for in secondary planning strategies, where approximately 60% or more of the site is retained in single ownership of an individual, land trust, condominium corporation or the Municipality. Notwithstanding Policy E-5, the ~~subscriber personally came~~ parkland dedication shall be relaxed to a minimum of 5% for this type of development. In considering approval of such development agreements, HRM shall consider the following: (a) the criteria specified in Policy S-15, with the exception of items (f) and ~~appeared~~ (g); and The Policy S-15 criteria is responded to in the above table. (b) that the common open space cannot be used for any other purpose than for passive recreation, forestry, agriculture or conservation-related use except for a ~~subscribing witness~~ portion of which may be used as a village common for active recreation or the location of community facilities designed to service the development. Staff believe the common open space requirement that 60% or more of the site be retained in single ownership of an individual, land trust or condo corporation or HRM has been fulfilled. The on-site sewage disposal is located within the common open space. IM-15 In considering development agreements or amendments to land use by-laws, in addition to all other criteria as set out in various policies of this Plan, HRM shall consider the following: (a) that the proposal is not premature or inappropriate by reason of: (i) the financial capability of HRM to absorb any costs relating to the ~~foregoing indenture who having been by me duly sworn~~Staff believe HRM may absorb any costs relating to the development which is not development; premature at this time. (ii) the adequacy of municipal wastewater facilities, ~~made oath~~ stormwater systems or water distribution systems; Staff believe the stormwater management plan required under the proposed development agreement will adequately address runoff and ~~said that , _ _ A Commissioner~~ conveyance from the public street as it must meet municipal standards. (iii) the proximity of the ~~Supreme Court PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On~~ proposed development to schools, recreation or other community facilities and the capability of these services to absorb any additional demands; Staff believe the impact on local schools from this ~~day~~ proposed development would be insignificant. (iv) the adequacy of ~~_, A.D. 20 , before me,~~ road networks leading to or within the ~~subscriber personally came~~ development; Staff believe adequate traffic capacity is available for the proposed development. (v) the potential for damage to or for destruction of designated historic buildings and ~~appeared~~ sites; Not applicable. (b) that controls are placed on the ~~subscribing witness~~ proposed development so as to reduce conflict with any adjacent or nearby land uses by reason of: (i) type of use; Staff believe the proposed development of 4 residential dwelling units is compatible with adjacent residential development to the ~~foregoing indenture who being by me sworn~~southwest and to the east. The 60% retained common open space, ~~made oath~~that is tree covered or relatively non-altered reduces potential conflict within nearby land-uses. (ii) height, bulk and lot coverage of any proposed building; The proposed development agreement permits single unit dwellings as per the R-1 zone of the Xxxx Harbour/Xxxxxxxx LUB. (iii) traffic generation, access to and egress from the site, and ~~said~~ parking; Staff believe, based on the submitted Traffic Impact Study prepared for the proposed development found traffic considerations to be not adverse and that ~~Xxxx~~ access to and from the lands to the public roads meet capacity requirements. (iv) open storage; The proposed development agreement does not permit open storage. (v) signs; and n/a (c) that the proposed development is suitable in terms of the steepness of grades, soil and geological conditions, locations of watercourses, marshes or bogs and susceptibility to flooding. Staff believe the residential cluster pattern illustrates the avoidance of such features that are not conducive to residential development. Xxxxx Xxxx, Planning Technician Xxxxxxxx Xxxxxx, ~~Mayor and Xxxxx~~ Planning Controller ALSO IN Councillor Xxxxxxx Xxxxxx, ~~Clerk of the Halifax Regional Municipality~~District 4 ATTENDANCE: Xxx Xxxxxx, signed the same and affixed the seal of the said Municipality thereto in his/her presence. _ _ A Commissioner of the Supreme Court 0 XXXXXXXXX XXXX ELEC. BOX EXISTING TREES 10'-0" NEW RETAINING WALL 00 XXXXXX XXXX XXXX + 0 XXXXXXXXX XXXX XXXXXXXApplicant Xxx Xxxxxx, ~~XX SCHEDULE B SITE PLAN Project No.: 2018.01 Scale: 1" = 30'-0" Date: 12 Aug 2019 A01~~Applicant The meeting commenced at approximately 7:04 p.m.

Appears in 1 contract

Samples: Development Agreement

Failure to Comply. ~~8.2.1~~ 7.2.1 If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer 90 days written notice of the failure or default, then in each such case: (a) The Municipality shall be entitled to apply to any court of competent jurisdiction for injunctive relief including an order prohibiting the Developer from continuing such default and the Developer hereby submits to the jurisdiction of such Court and waives any defence based upon the allegation that damages would be an adequate remedy; (b) The Municipality may enter onto the Lands and perform any of the covenants contained in this Agreement or take such remedial action as is considered necessary to correct a breach of the Agreement, whereupon all reasonable expenses whether arising out of the entry onto the Lands or from the performance of the covenants or remedial action, shall be a first lien on the Lands and be shown on any tax certificate issued under the Assessment Act; (c) The Municipality may by resolution discharge this Agreement whereupon this Agreement shall have no further force or effect and henceforth the development of the Lands shall conform with the provisions of the Land Use By-law; or (d) In addition to the above remedies, the Municipality reserves the right to pursue any other remedy under the Halifax Regional Municipality Charter or Common Law in order to ensure compliance with this Agreement. SIGNED, SEALED AND DELIVERED in the presence of: Witness SIGNED, DELIVERED AND ATTESTED to by the proper signing officers of Halifax Regional Municipality, duly authorized in that behalf, in the presence of: Witness Witness ~~LSJ HOLDINGS LTD Per: Per:~~ (INSERT REGISTERED OWNER NAME) _ _ _ HALIFAX REGIONAL MUNICIPALITY Per:_ MAYOR Per:_ MUNICIPAL CLERK PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day of _, A.D. 20 _, before me, the subscriber personally came and appeared a subscribing witness to the foregoing indenture who having been by me duly sworn, made oath and said that , _ _ A Commissioner of the Supreme Court PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day of _, A.D. 20 , before me, the subscriber personally came and appeared the subscribing witness to the foregoing indenture who being by me sworn, made oath, and said that Xxxx Xxxxxx, Mayor and Xxxxx Xxxxxx, Clerk of the Halifax Regional Municipality, signed the same and affixed the seal of the said Municipality thereto in his/her presence. _ _ A Commissioner of the Supreme Court ~~0 XXXXXXXXX~~ Schedule B — Case 21795 00 XXXXXXX XXXX ~~ELEC. BOX EXISTING TREES 10'-0" NEW RETAINING WALL 00 XXXXXX XXXX XXXX + 0 XXXXXXXXX XXXX XXXXXXX~~ROAD HALIFAX, ~~XX SCHEDULE B~~ NS SITE PLAN Project No.: 2018.01 Scale: 1" = 30'-0" Date: ~~12 Aug~~ 5 Feb 2019 A01

Appears in 1 contract

Samples: Development Agreement

Failure to Comply. 8.2.1 If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer 90 thirty (30) days written notice of the failure or default, then in each such case: (a) The Municipality shall be entitled to apply to any court of competent jurisdiction for injunctive relief including an order prohibiting the Developer from continuing such default and the Developer hereby submits to the jurisdiction of such Court and waives any ~~defence~~ defense based upon the allegation that damages would be an adequate remedy; (b) The Municipality may enter onto the Lands and perform any of the covenants contained in this Agreement or take such remedial action as is considered necessary to correct a breach of the Agreement, whereupon all reasonable expenses whether arising out of the entry onto the Lands or from the performance of the covenants or remedial action, shall be a first lien on the Lands and be shown on any tax certificate issued under the Assessment Act; (c) The Municipality may by resolution discharge this Agreement whereupon this Agreement shall have no further force or effect and henceforth the development of the Lands shall conform with the provisions of the Land Use ~~By-~~By law; or (d) In addition to the above remedies, the Municipality reserves the right to pursue any other remedy under the Halifax Regional Municipality Charter or Common Law in order to ensure compliance with this Agreement WITNESS that this Agreement, made in triplicate, was properly executed by the respective Parties on this day of , 20 . ~~SIGNED, SEALED AND DELIVERED~~ in the presence of: ~~Witness SIGNED, DELIVERED AND ATTESTED to by the proper signing officers of Halifax Regional Municipality, duly authorized in that behalf, in the presence of: Witness Witness LSJ HOLDINGS LTD~~ Per: Per: ~~HALIFAX REGIONAL MUNICIPALITY~~ Per~~:_ MAYOR~~ : Per~~:_ MUNICIPAL CLERK PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day of _, A.D. 20 _, before me~~: Per: =============================== =============================== Per: Mayor Per: Municipal Clerk Erosion and sedimentation can occur at any time during project activities; however, the ~~subscriber personally came~~ highest potential for erosion and ~~appeared~~ sedimentation occurs during site preparation activities such as clearing, grubbing and grading, especially during and immediately following precipitation events. Control of erosion and potential sedimentation is essential for protection of wetlands, watercourses and water bodies both on and off-site. When design plans are available for the residential development, a ~~subscribing witness~~ site-specific Erosion and Sediment Control Measures shall be designed for each Phase of construction. Erosion and sediment control (ESC) measures completed on the site shall be inspected by an on-site supervisor throughout the project duration to ensure conformance with the ESC plan and applicable regulations and guidelines. Specific ESC measures that will be performed during all site activities will include the following: • All ESC measures utilized shall be in compliance with the “Erosion and Sedimentation Handbook for Construction Sites”, issued by Nova Scotia Environment, as well as Federal, Provincial and Municipal laws, regulations and guidelines that apply, including (but not limited to) the Nova Scotia Environment Act, Canadian Environmental Protection Act, Fisheries Act and the Canadian Council of Ministers of the Environment guidelines. • The Contractor performing the work is ultimately responsible for the protection of natural water bodies from sediment-laden runoff originating from the site, and should ensure that sediment-laden water above discharge criteria does not leave the site. • All development work should be planned and completed in stages in order to expose only limited areas of soil at one time. Minimizing the extent of exposed soils and duration of exposure will be the most significant and pertinent control measure of this plan. • All ESC structures utilized for the work should be installed prior to the ~~foregoing indenture who having been by me duly sworn~~start of work. ESC structures should be functional and remain in place at all times until construction work is completed and all work areas are permanently stabilized. All ESC structures should be removed following final site stabilization. • Sediment discharge into wetland areas should not be permitted during the project. For watercourses and water bodies, discharge criteria should include a total suspended solids (TSS) concentration not exceeding 25 mg/L above baseline levels, and a turbidity concentration not exceeding 8 NTU above baseline levels. Water samples should be collected from nearby watercourses and water bodies prior to the start of work and tested for TSS and turbidity to establish baseline levels. • Environment Canada’s weather forecasts should be monitored on a daily basis throughout the duration of construction. When rainfall is forecast, the contractor will verify that all work areas are stabilized with temporary surface cover and that all ESC structures are in place and functional. • All ESC measures should be inspected on a weekly basis, as well as before and after each rainfall event exceeding 10 mm. Any necessary repairs or alterations to the ESC measures shall be made ~~oath~~ immediately. • Wherever possible, existing vegetative cover shall be left undisturbed. Where applicable, any grubbings generated during clearing activities shall be kept on site for reuse as cover material. Existing trees should be clearly marked to be preserved and ~~said that~~ protected from ground disturbance wherever possible. • Soil disturbance and/or infilling should only be completed in permitted areas and all construction boundaries should be identified using stakes. Site soils should not be disturbed, ~~_ _ A Commissioner~~ infilling should not be completed, and a vegetative buffer shall be maintained within 20 m of all wetland areas, watercourses and/or water bodies, unless required Federal, Provincial and/or Municipal approvals are received prior to the start of work. Wherever possible, disturbed soils should be left loose (i.e. only compacted in required areas) to promote surface water infiltration and minimize the generation of surface flow. • Sediment fence should be installed on contour down-gradient of all work areas and up- gradient of adjacent wetlands, watercourses and/or water bodies. Sediment fence should consist of a manufactured product specifically designed for use as sediment fence, and should be installed as per the manufacturer’s instructions. Soils and vegetative cover should not be disturbed within 2 m of sediment fence, and care should be taken to prevent damage to sediment fence during installation and subsequent construction activities. Damaged sediment fence should be replaced within 24 hours of detection, or immediately if rainfall is imminent. • Where applicable, clean surface water should be diverted around work areas using drainage channels such as xxxxxx and/or ditches. Separate drainage channels should be utilized to direct surface water away from disturbed areas. All drainage channels utilized for the work should have a positive grade with no dips to collect water, and should be lined either with grass or granular material. • Check dams should be installed in any drainage channels utilized for the work, provided construction of check dams will not cause overflow of the ~~Supreme Court PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX On this day~~ channel. Sediment build-up should be removed from check dams as required. • Trucks hauling fill to and from the site should be covered (e.g. cloth, tarps, etc.) to prevent dust generation. Construction vehicle traffic on exposed soils should shall be minimized. If wet material is being transferred off site, truck beds should be lined to prevent unwanted residue from escaping. • Areas for fuel storage, refuelling, lubrication or cleaning of _construction equipment should be located at least 30 m from wetland areas, ~~A.D. 20~~ watercourses and/or water bodies. • During dry, ~~before me~~windy weather, any unpaved access roads on-site or in the ~~subscriber personally came and appeared the subscribing witness~~ immediate vicinity of residential homes, should be sprayed lightly with clean water to ~~the foregoing indenture who being by me sworn~~prevent dust generation. Any paved access roads should be swept to remove excess sediment traced from construction zones, ~~made oath~~if possible. • Any fill stockpiles stored on site should be compacted in a berm shape using appropriate equipment, protected from precipitation using anchored polyethylene tarps, and ~~said that Xxxx Xxxxxx~~placed up- gradient of ESC structures to capture runoff. Sediment fence should be installed and maintained around the perimeter of any stockpiles, ~~Mayor and Xxxxx Xxxxxx, Clerk~~ approximately 2 m from the toe of the ~~Halifax Regional Municipality~~pile. • Water from excavations and dewatering should be pumped through filter bags to vegetated areas up-gradient of ESC structures. • Sediment fence should be installed at the inlets of any culverts or drains, ~~signed~~ and rock dams should be constructed at the ~~same~~ outlets of any culverts, drains, ditches, or xxxxxx where the velocity of flow may cause erosion. Geotextile fabric should be anchored under the cover of catch basins located within or down-gradient of work areas to prevent infiltration of sediment- laden runoff. Sediment build-up should be removed as required to prevent clogging of sediment fence and ~~affixed~~ geotextile. • All exposed soils should be covered prior to precipitation events to temporarily prevent erosion. This temporary cover should consist of a suitable material, such as straw mulch, wood chips, grubbings, grass, and/or polyethylene tarps. Temporary cover should be continuously applied and maintained as required throughout the ~~seal~~ construction period until all work areas are permanently stabilized. • The application of seed or sod for temporary or permanent site stabilization should be in conformance with applicable landscaping plans. The seed species used should not be invasive, and the ~~said Municipality thereto~~ application of fertilizers to seed or sod shall be limited. Considering the sensitivity of local ecological receptors, hydroseeding will be limited to soil stabilization in ~~his~~ditches only. Where possible, surface water drainage will be directed to natural or engineered wetlands prior to draining to on-site lakes/~~her presence~~watercourses. ~~_ _ A Commissioner~~ • Topsoil placement may be required prior to seed or sod application, and surface soils should first be scarified to prevent seed loss and promote plant growth. Following seed application, straw mulch should be applied for protection. Straw mulch should be moistened with clean water following application to prevent displacement. Watering of ~~the Supreme Court~~ placed seed or sod will be completed as required to ensure growth. Final stabilization will be achieved when surface soils are no longer exposed and permanent surface cover is in place in all work areas. Permanent surface cover should consist of foundations, paved areas, compacted gravel-covered areas, and/or established vegetation. XXXX ROAD W01 JEMALEA DRIVE TANLOR DR SUGARWOOD COURT 60 65 S3 04 70 65 70 70 W04 W05 75 70 70 07 75 80 07 S7 85 06 W06 95 80 85 80 75 90 HIGHWAY No. 7 80 75 ROCK PIT 80 50 35 70 65 60 55 75 40 45 70 75 80 XXXX XXXXX LAKE 60 55 75 35 PID=40519563 80 70 65 W09 30 40 50 45 35 35 40 75 70 75 70 45 50 55 60 65 0 ~~XXXXXXXXX XXXX ELEC~~10 45 35 65 55 W10 S10 50 HIGHWAY No. ~~BOX EXISTING TREES 10'-0" NEW RETAINING WALL 00 XXXXXX XXXX XXXX + 0 XXXXXXXXX XXXX XXXXXXX, XX SCHEDULE B SITE PLAN Project No.: 2018.01 Scale: 1" = 30'-0" Date: 12 Aug 2019 A01~~7 30 25 35 30 40 BARREN LAKE 011 20 XXXXX S1 cCOYS POND 40 35 CHURCHLAKE DRIVE CIRCLE DRIVE M LAKE

Appears in 1 contract

Samples: Open Space Design Development Agreement

Common use of Failure to Comply Clause in Contracts