LEVIES AND FEES. 17.1 The Developer agrees that the Development Area will benefit from new or expanded off-site water, sanitary sewer, roadway and storm drainage facilities which will be utilized to provide municipal services to the Development Area, and accordingly, the Developer covenants and agrees to pay to the Town off-site levies as established by the Town. 17.2 The Developer covenants and agrees that the off-site levies currently established by the Town and payable by the Developer to the Town are the amounts specified in Schedule "G" of this Agreement and that off-site levies, subject to paragraph 17.3, shall be paid prior to release of building permits. 17.3 The Developer acknowledges that the amounts of the off-site levies specified in Schedule "G" are subject to adjustment by the Town and the Developer and the Town further covenant and agree that the following provisions shall apply: (a) that in the event that at the time of the payment of an off-site levy for the Development Area, the Town has not as yet established the off-site levies for the applicable calendar year: (i) the Developer, at the time a payment is required, shall pay off-site levies to the Town equal to levies based upon the amounts specified in Schedule "G", or levies based upon the amounts established for the previous calendar year, whichever is greater; (ii) within THIRTY (30) days of the new off-site levies being established by the Town for the applicable calendar year, the amount of the off-site levies shall be adjusted upward or downward and the difference shall be paid by the Developer to the Town, or paid by the Town to the Developer, as the case may be; (b) that the amount of the off-site levies shall only be adjusted in accordance with the provisions of the Town's off-site levy by-law which shall be a by-law of general application which shall establish the various off-site levies applicable to similar types of development within the Town. 17.4 Inasmuch as the Town will incur costs and expenses in the checking of the Plans for the Municipal Improvements and costs and expenses for the testing and inspection of the Municipal Improvements, and inasmuch as such costs and expenses are properly part of the costs of constructing and installing the Municipal Improvements and should properly be borne by the Developer, the Town and the Developer agree: (a) the Developer shall, upon the execution of this Agreement, pay to the Town, subject to adjustment as provided herein, approval and inspection fees as set forth in Schedule "G” for each hectare within the Development Area. 17.5 The Developer acknowledges that the amount of the approval and inspection fees specified in Schedule "G" are subject to adjustment by the Town and the Developer and the Town further covenant and agree that the following provisions shall apply: (a) that in the event that at the time of the payment of the approval and inspection fees the Development Area the Town has not as yet established the approval and inspection fees for the applicable calendar year: (i) the Developer, at the time a payment is required, shall pay approval and inspection fees to the Town in an amount equal to fees calculated on the basis of the rate per gross hectare specified in Schedule "G", or fees calculated on the basis of the rate per gross hectare established by the Town for the previous calendar year, whichever is greater. (ii) within THIRTY (30) days of the new approval and inspection fees being established by the Town for the applicable calendar year, the amount of the payment shall be adjusted upwards or downwards and the difference shall be paid by the Developer to the Town, or paid by the Town to the Developer, as the case may be; (b) that the amount of the approval and inspection fees shall only be adjusted so that the new approval and inspection fees are of general application to similar types of development within the Town.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
LEVIES AND FEES. 17.1
16.1 The Developer agrees that the Development Area will benefit from new or expanded off-site water, sanitary sewer, roadway and storm drainage facilities which will be utilized to provide municipal services to the Development Area, unless otherwise specified in Schedule “F”, and accordingly, the Developer covenants and agrees to pay to the Town off-site levies as established by the TownTown as specified in Schedule “G”.
17.2 16.2 The Developer covenants and agrees that the off-site levies currently established by the Town and payable by the Developer to the Town are the amounts specified in Schedule "“G" ” of this Agreement and that off-site levies, subject to paragraph 17.3, levies shall be paid prior to release upon the execution of building permitsthis Agreement.
17.3 The Developer acknowledges that the amounts of the off-site levies specified in Schedule "G" are subject to adjustment by the Town and the Developer and the Town further covenant and agree that the following provisions shall apply:
(a) that in the event that at the time of the payment of an off-site levy for the Development Area, the Town has not as yet established the off-site levies for the applicable calendar year:
(i) the Developer, at the time a payment is required, shall pay off-site levies to the Town equal to levies based upon the amounts specified in Schedule "G", or levies based upon the amounts established for the previous calendar year, whichever is greater;
(ii) within THIRTY (30) days of the new off-site levies being established by the Town for the applicable calendar year, the amount of the off-site levies shall be adjusted upward or downward and the difference shall be paid by the Developer to the Town, or paid by the Town to the Developer, as the case may be;
(b) that the amount of the off-site levies shall only be adjusted in accordance with the provisions of the Town's off-site levy by-law which shall be a by-law of general application which shall establish the various off-site levies applicable to similar types of development within the Town.
17.4 16.3 Inasmuch as the Town will incur costs and expenses in the checking of the Approved Plans for the Municipal Improvements and costs and expenses for the testing and inspection of the Municipal Improvements, and inasmuch as such costs and expenses are properly part of the costs of constructing and installing the Municipal Improvements and should properly be borne by the Developer, the Town and the Developer agree:
(a) the The Developer shall, upon the execution of this Agreement, pay to the Town, subject to adjustment as provided herein, approval and inspection fees as set forth in Schedule "“G” for each hectare within the Development Areaof this Agreement.
17.5 16.4 The Developer acknowledges that the amount of the approval and inspection fees specified in Schedule "“G" ” are subject to adjustment by the Town Town, and the Developer and the Town further covenant and agree that the following provisions shall apply:
(a) that That in the event that at the time of the payment of the approval and inspection fees for the Development Area the Town has not as yet established the approval and inspection fees for the applicable calendar year:
(i) the i. The Developer, at the time a payment is required, shall pay approval and inspection fees to the Town in an amount equal to fees calculated on the basis of the rate per gross hectare specified in Schedule "“G"”, or fees calculated on the basis of the rate per gross hectare established by the Town for the previous calendar year, whichever is greater.
(ii) within . Within THIRTY (30) days of the new approval and inspection fees being established by the Town for the applicable calendar year, the amount of the payment shall be adjusted upwards or downwards and the difference shall be paid by the Developer to the Town, or paid by the Town to the Developer, as the case may be;
(b) that That the amount of the approval and inspection fees shall only be adjusted so that the new approval and inspection fees are of general application to similar types of development within the Town.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
LEVIES AND FEES. 17.1 18.1 The Developer agrees that the Development Area will benefit from new or expanded off-site water, sanitary sewer, roadway and storm drainage facilities which facilities, community recreation facilities, libraries, fire halls and police stations that will be utilized to provide municipal services to the Development Area, and accordingly. Accordingly, the Developer covenants and agrees to pay to the Town Municipality off-site levies as if and when established by the TownMunicipality. Unless otherwise specifically provided within Schedule "E" attached to this Agreement, off site levies (or other subdivision or Development Charges) payable by the Developer shall be calculated and paid either:
(a) prior to the submission for registration of a Plan of Subdivision for the Development Area and prior to the sale of any lots covered by a Plan of Subdivision; or
(b) pursuant to a condition of the Development Permit.
17.2 18.2 Any deferral of payment of off-site levies by the Developer beyond the above-noted deadlines shall be subject to specific agreement between the Municipality and the Developer and shall be contained within Schedule "E" attached to this Agreement and such conditions or other requirements that may be imposed therein (including, without restriction, the requirement for security for payment, and the registration and reliance upon the charge contained within paragraph 20.2 of this Agreement). If, at the time of registration of a Plan of Subdivision, the Municipality has not imposed offsite levies or other subdivision or Development Charges, and subsequently the Municipality imposes such levies or other charges, nothing in this Agreement precludes the Municipality from collecting off-site levies at the development permit stage. 20 -DA-
18.3 The Developer covenants and agrees that the off-site levies currently established by the Town Municipality and payable by the Developer to the Town Municipality are the amounts specified in Schedule "GE" of this Agreement Agreement. Unless otherwise required by the applicable bylaw, or otherwise already apportioned and that off-site leviesapplied within Schedule "E" to the lands contained within the Development Area, subject to paragraph 17.3, the Municipality shall be paid prior to release of building permits.
17.3 The Developer acknowledges that the amounts of the distribute any off-site levies specified in Schedule "GE" which are subject shown or levied on the basis of gross hectares in the manner the Municipality considers equitable amongst the parcels within the Development Area (excluding any lands to adjustment be owned by the Town Municipality) so that a specified amount shall be attributed to each parcel within the Development Area.
18.4 The Developer acknowledges and the Developer and the Town further covenant and agree agrees that the following provisions shall apply:
(a) that in the event that if, at the time of the payment execution of an off-site levy for the Development Areathis Agreement, the Town has Municipality does not as yet established the impose off-site levies for the applicable calendar year:
(i) the Developer, at the time a payment is required, shall pay off-site levies to the Town equal to levies based upon the amounts specified in Schedule "G", or levies based upon the amounts established for the previous calendar year, whichever is greater;
(ii) within THIRTY (30) days of the new off-site levies being established by the Town for the applicable calendar yearother development or subdivision or Development Charges), the amount of Municipality may in the off-site future impose such levies shall be adjusted upward or downward and the difference shall be paid by the Developer to the Town, or paid by the Town to the Developer, as the case may be;
(b) that the amount of the off-site levies shall only be adjusted charges in accordance with the provisions of the Town's off-site levy by-law which shall be a by-law bylaw of general application which shall establish the various off-site levies or charges applicable to similar types of development developments within the TownMunicipality.
17.4 Inasmuch as 18.5 The Developer acknowledges and agrees that the Town Municipality will incur costs and expenses in the checking of the Plans Engineering Drawings for the Municipal Improvements and Local Improvements, as well as costs and expenses for the testing and inspection of the Municipal Local Improvements, and inasmuch as such which costs and expenses are properly part of the costs of constructing and installing the Municipal Local Improvements and should properly will be borne by the Developer, the Town . The Municipality and the Developer agree:
(a) agree that, unless otherwise required by any applicable fees bylaw or any other bylaw of general application or unless otherwise stipulated within Schedule "E" which may include but is not limited to costs incurred by the Developer shall, upon Municipality in the execution of event additional experts are required to be retained to assist the Municipality in performing its rights and duties pursuant to this Agreement, the Developer shall pay to the Town, subject to adjustment as provided herein, approval and inspection fees as set forth in Schedule "G” for each hectare within the Development Area.
17.5 The Developer acknowledges that the amount of Municipality the approval and inspection fees specified in Schedule "G" are subject to adjustment accordance with the fees and charges established by the Town and the Developer and the Town further covenant and agree that the following provisions shall apply:
(a) that in the event that at the time of the payment of the approval and inspection fees the Development Area the Town has not as yet established the approval and inspection fees for the applicable calendar year:
(i) the Developer, at the time a payment is required, shall pay approval and inspection fees bylaw prior to the Town in an amount equal to fees calculated on the basis of the rate per gross hectare specified in Schedule "G", related approval being given or fees calculated on the basis of the rate per gross hectare established by the Town for the previous calendar year, whichever is greaterinspection being conducted.
(ii) within THIRTY (30) days of the new approval and inspection fees being established by the Town for the applicable calendar year, the amount of the payment shall be adjusted upwards or downwards and the difference shall be paid by the Developer to the Town, or paid by the Town to the Developer, as the case may be;
(b) that the amount of the approval and inspection fees shall only be adjusted so that the new approval and inspection fees are of general application to similar types of development within the Town.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
LEVIES AND FEES.
17.1 The Developer agrees that the Development Area will benefit from new or expanded off-site water, sanitary sewer, roadway and storm drainage facilities which will be utilized to provide municipal services to the Development Area, unless otherwise specified in Schedule “F”, and accordingly, the Developer covenants and agrees to pay to the Town off-site levies as established by the TownTown as specified in Schedule “G”.
17.2 The Developer covenants and agrees that the off-site levies currently established by the Town and payable by the Developer to the Town are the amounts specified in Schedule "“G" ” of this Agreement and that off-site levies, subject to paragraph 17.3, levies shall be paid prior to release upon the execution of building permitsthis Agreement.
17.3 The Developer acknowledges that the amounts of the off-site levies specified in Schedule "G" are subject to adjustment by the Town and the Developer and the Town further covenant and agree that the following provisions shall apply:
(a) that in the event that at the time of the payment of an off-site levy for the Development Area, the Town has not as yet established the off-site levies for the applicable calendar year:
(i) the Developer, at the time a payment is required, shall pay off-site levies to the Town equal to levies based upon the amounts specified in Schedule "G", or levies based upon the amounts established for the previous calendar year, whichever is greater;
(ii) within THIRTY (30) days of the new off-site levies being established by the Town for the applicable calendar year, the amount of the off-site levies shall be adjusted upward or downward and the difference shall be paid by the Developer to the Town, or paid by the Town to the Developer, as the case may be;
(b) that the amount of the off-site levies shall only be adjusted in accordance with the provisions of the Town's off-site levy by-law which shall be a by-law of general application which shall establish the various off-site levies applicable to similar types of development within the Town.
17.4 Inasmuch as the Town will incur costs and expenses in the checking of the Plans for the Municipal Improvements and costs and expenses for the testing and inspection of the Municipal Improvements, and inasmuch as such costs and expenses are properly part of the costs of constructing and installing the Municipal Improvements and should properly be borne by the Developer, the Town and the Developer agree:
(a) the The Developer shall, upon the execution of this Agreement, pay to the Town, subject to adjustment as provided herein, approval and inspection fees as set forth in Schedule "“G” for each hectare within the Development Areaof this Agreement.
17.5 17.4 The Developer acknowledges that the amount of the approval and inspection fees specified in Schedule "“G" ” are subject to adjustment by the Town Town, and the Developer and the Town further covenant and agree that the following provisions shall apply:
(a) that in the event that at the time of the payment of the approval and inspection fees for the Development Area the Town has not as yet established the approval and inspection fees for the applicable calendar year:
(i) i. the Developer, at the time a payment is required, shall pay approval and inspection fees to the Town in an amount equal to fees calculated on the basis of the rate per gross hectare specified in Schedule "“G"”, or fees calculated on the basis of the rate per gross hectare established by the Town for the previous calendar year, whichever is greater.
(ii) . within THIRTY (30) days of the new approval and inspection fees being established by the Town for the applicable calendar year, the amount of the payment shall be adjusted upwards or downwards and the difference shall be paid by the Developer to the Town, or paid by the Town to the Developer, as the case may be;
(b) that the amount of the approval and inspection fees shall only be adjusted so that the new approval and inspection fees are of general application to similar types of development within the Town.
Appears in 2 contracts
Samples: Subdivision/Development Agreement, Subdivision/Development Agreement
LEVIES AND FEES. 17.1 The Developer agrees that the Development Area will benefit from new or expanded off-site water, sanitary sewer, and arterial roadway and storm drainage facilities which that will be utilized to provide municipal services to the Development Area, and accordingly, the Developer covenants and agrees to pay to the Town Municipality off-site levies as if and when established by the Town.
17.2 Municipality. Unless otherwise specifically provided within Schedule “E” attached to this Agreement, off site levies (or other subdivision or development charges) payable by the Developer shall be calculated and paid upon submission for endorsement of a Plan of Subdivision for the Development Area. The Developer covenants and agrees that the off-site levies currently established by the Town Municipality and payable by the Developer to the Town Municipality are the amounts specified in Schedule "GE" of this Agreement Agreement. Unless otherwise required by the applicable bylaw, or otherwise already apportioned and that off-site leviesapplied within Schedule “E” to the lands contained within the Development Area, subject to paragraph 17.3, the Municipality shall be paid prior to release of building permits.
17.3 The Developer acknowledges that the amounts of the distribute any off-site levies specified in Schedule "GE" which are subject shown or levied on the basis of gross hectares in the manner the Municipality considers equitable amongst the parcels within the Development Area (excluding any lands to adjustment be owned by the Town and Municipality) so that a specified amount shall be attributed to each parcel within the Development Area. The Developer and the Town further covenant and agree that the following provisions shall apply:
(a) acknowledges that in the event that at the time of execution of this Agreement the payment of an off-Municipality does not impose off site levy for the Development Arealevies (or other subdivision or development charges), the Town has not as yet established Municipality may in the off-site future impose such levies for the applicable calendar year:
(i) the Developer, at the time a payment is required, shall pay off-site levies to the Town equal to levies based upon the amounts specified in Schedule "G", or levies based upon the amounts established for the previous calendar year, whichever is greater;
(ii) within THIRTY (30) days of the new off-site levies being established by the Town for the applicable calendar year, the amount of the off-site levies shall be adjusted upward or downward and the difference shall be paid by the Developer to the Town, or paid by the Town to the Developer, as the case may be;
(b) that the amount of the off-site levies shall only be adjusted charges in accordance with the provisions of the Town's off-site levy by-law which shall be a by-law bylaw of general application which shall establish the various off-site levies or charges applicable to similar types of development developments within the Town.
17.4 Inasmuch as Municipality. The Developer acknowledges that the Town Municipality will incur costs and expenses in the checking of the Plans for the Municipal Improvements and Improvements, as well as costs and expenses for the testing and inspection of the Municipal Improvements, and inasmuch as such which costs and expenses are properly part of the costs of constructing and installing the Municipal Improvements and should properly be borne by the Developer, the Town . The Municipality and the Developer agree:
(a) the Developer shallagree that unless otherwise required by any applicable fees bylaw or any other bylaw of general application, or unless otherwise stipulated within Schedule “E”, upon the execution of this Agreement, Agreement Developer shall pay to the Town, subject to adjustment as provided herein, Municipality approval and inspection fees as per the fees established from time to time by the Municipality. Such fees may be applied on a flat rate basis or for each hectare within the gross area of the Development Area, or applied on the rate and/or basis required by any applicable fee bylaw or other applicable bylaw of general application, as set forth in Schedule "G” for each hectare within E", and failing those as may be established from time to time by the Development Area.
17.5 Municipality. The Developer acknowledges that the amount of the approval and inspection fees payable, whether specified in Schedule "G" E", are subject to adjustment by the Town Municipality, and the Developer and the Town Municipality further covenant and agree that the following provisions shall apply:
(a) that in the event that at the time of the payment of the approval and inspection fees the Development Area the Town has not as yet established the approval and inspection fees for the applicable calendar year:
(i) the Developer, at the time a payment is required, shall pay approval and inspection fees to the Town in an amount equal to fees calculated on the basis of the rate per gross hectare specified in Schedule "G", or fees calculated on the basis of the rate per gross hectare established by the Town for the previous calendar year, whichever is greater.
(ii) within THIRTY (30) days of the new approval and inspection fees being established by the Town for the applicable calendar year, the amount of the payment shall be adjusted upwards or downwards and the difference shall be paid by the Developer to the Town, or paid by the Town to the Developer, as the case may be;
(b) that the amount of the approval and inspection fees shall only be adjusted so that the new approval and inspection fees are of general application to similar types of development within the Town.
Appears in 1 contract
Samples: Single Stage Development Agreement
LEVIES AND FEES. 17.1 The Developer agrees that the Development Area will benefit from new or expanded off-site water, sanitary sewer, roadway and storm drainage facilities which that will be utilized to provide municipal services to the Development Area, and accordingly, the Developer covenants and agrees to pay to the Town County off-site levies as if and when established by the TownCounty. Unless otherwise specifically provided within Schedule “E” attached to this Agreement, off site levies (or other subdivision or development charges) payable by the Developer shall be calculated and paid upon the earlier of submission for endorsement of a Plan of Subdivision for the Development Area and prior to the sale of any lots covered by a Plan of Subdivision, and Commencement of Construction of the Municipal Improvements. Any deferral of payment of off-site levies by the Developer beyond the above-noted deadlines shall be subject to specific agreement between the County and the Developer as contained within Schedule “E” attached to this Agreement, and such conditions or other requirements that maybe imposed therein (including, without restriction, the requirement for security for payment, and/or registration and reliance upon the charge contained within Section 19.2 of this Agreement). If at the time of registration of a Plan of Subdivision the County has not imposed off site levies or other subdivision or development charges, and subsequently the County imposes such levies or charges, nothing in this Agreement precludes the County from collecting off site levies at the development permit stage. Subject to the provisions of Schedule “E”, in the event that payment of any off-site levy for each parcel created upon subdivision of the Development Area has been specifically agreed to be postponed (e.g. until the parcel is transferred by the Developer to a third party or when an application for a Development Permit is received by the County to construct a building within the parcel, whichever first occur), all unpaid off-site levies for the Development Area shall in any event be paid by the Developer to the County on the date One (1) year following the date of the execution of this Agreement.
17.2 The Developer covenants and agrees that the off-site levies currently established by the Town County and payable by the Developer to the Town County are the amounts specified in Schedule "GE" of this Agreement Agreement. Unless otherwise required by the applicable bylaw, or otherwise already apportioned and that off-site leviesapplied within Schedule “E” to the lands contained within the Development Area, subject to paragraph 17.3, the County shall be paid prior to release of building permits.
17.3 The Developer acknowledges that the amounts of the distribute any off-site levies specified in Schedule "GE" which are subject shown or levied on the basis of gross hectares in the manner the County considers equitable amongst the parcels within the Development Area (excluding any lands to adjustment be owned by the Town and County) so that a specified amount shall be attributed to each parcel within the Development Area.
17.3 The Developer and the Town further covenant and agree that the following provisions shall apply:
(a) acknowledges that in the event that at the time of execution of this Agreement the payment of an off-County does not impose off site levy for the Development Arealevies (or other subdivision or development charges), the Town has not as yet established County may in the off-site future impose such levies for the applicable calendar year:
(i) the Developer, at the time a payment is required, shall pay off-site levies to the Town equal to levies based upon the amounts specified in Schedule "G", or levies based upon the amounts established for the previous calendar year, whichever is greater;
(ii) within THIRTY (30) days of the new off-site levies being established by the Town for the applicable calendar year, the amount of the off-site levies shall be adjusted upward or downward and the difference shall be paid by the Developer to the Town, or paid by the Town to the Developer, as the case may be;
(b) that the amount of the off-site levies shall only be adjusted charges in accordance with the provisions of the Town's off-site levy by-law which shall be a by-law bylaw of general application which shall establish the various off-site levies or charges applicable to similar types of development developments within the TownCounty.
17.4 Inasmuch as The Developer acknowledges that the Town County will incur costs and expenses in the checking of the Plans for the Municipal Improvements and Improvements, as well as costs and expenses for the testing and inspection of the Municipal Improvements, and inasmuch as such which costs and expenses are properly part of the costs of constructing and installing the Municipal Improvements and should properly be borne by the Developer, the Town . The County and the Developer agree:
(a) the Developer shallagree that unless otherwise required by any applicable fees bylaw or any other bylaw of general application, or unless otherwise stipulated within Schedule “E”, upon the execution of this Agreement, Agreement the Developer shall pay to the Town, subject to adjustment as provided herein, County approval and inspection fees as per the fees established from time to time by the County. Such fees may be applied on a flat rate basis or for each hectare within the gross area of the Development Area, or applied on the rate and/or basis required by any applicable fee bylaw or other applicable bylaw of general application, as set forth in Schedule "G” for each hectare within E", and failing those as may be established from time to time by the Development AreaCounty.
17.5 The Developer acknowledges that the amount of the approval and inspection fees payable, whether specified in Schedule "G" E", are subject to adjustment by the Town County, and the Developer and the Town County further covenant and agree that the following provisions shall apply:
(a) that in the event that at the time of the payment of the approval and inspection fees for the Development Area the Town County has not as yet established the approval and inspection fees for the applicable calendar year:
(i) , the Developer, at the time a payment is required, Developer shall pay approval and inspection fees to the Town in County an amount equal to the approval and inspection fees calculated on the basis of the then current rate per gross hectare specified in Schedule "G", or fees calculated on the basis of the rate per gross hectare established by the Town for the previous calendar year, whichever is greater.as required within this Agreement;
(iib) within THIRTY Thirty (30) days of the new approval and inspection fees being established by the Town County for the applicable calendar year, the amount of the payment shall be adjusted upwards or downwards and the difference shall be paid by the Developer to the TownCounty, or paid by the Town County to the Developer, as the case may be;; and
(bc) that the amount of the approval and inspection fees shall only be adjusted so that the new approval and inspection fees are of general application to similar types of development within the TownCounty.
Appears in 1 contract
Samples: Development Agreement
LEVIES AND FEES. 17.1 The Developer agrees that the Development Area will benefit from new or expanded off-site water, sanitary sewer, and arterial roadway and storm drainage facilities which that will be utilized to provide municipal services to the Development Area, and accordingly, the Developer covenants and agrees to pay to the Town Municipality off-site levies as if and when established by the TownMunicipality. Unless otherwise specifically provided within Schedule “E” attached to this Agreement, off site levies (or other subdivision or development charges) payable by the Developer shall be calculated and paid upon submission for endorsement of a Plan of Subdivision for the Development Area.
17.2 The Developer covenants and agrees that the off-site levies currently established by the Town Municipality and payable by the Developer to the Town Municipality are the amounts specified in Schedule "GE" of this Agreement Agreement. Unless otherwise required by the applicable bylaw, or otherwise already apportioned and that off-site leviesapplied within Schedule “E” to the lands contained within the Development Area, subject to paragraph 17.3, the Municipality shall be paid prior to release of building permits.
17.3 The Developer acknowledges that the amounts of the distribute any off-site levies specified in Schedule "GE" which are subject shown or levied on the basis of gross hectares in the manner the Municipality considers equitable amongst the parcels within the Development Area (excluding any lands to adjustment be owned by the Town and Municipality) so that a specified amount shall be attributed to each parcel within the Development Area.
17.3 The Developer and the Town further covenant and agree that the following provisions shall apply:
(a) acknowledges that in the event that at the time of execution of this Agreement the payment of an off-Municipality does not impose off site levy for the Development Arealevies (or other subdivision or development charges), the Town has not as yet established Municipality may in the off-site future impose such levies for the applicable calendar year:
(i) the Developer, at the time a payment is required, shall pay off-site levies to the Town equal to levies based upon the amounts specified in Schedule "G", or levies based upon the amounts established for the previous calendar year, whichever is greater;
(ii) within THIRTY (30) days of the new off-site levies being established by the Town for the applicable calendar year, the amount of the off-site levies shall be adjusted upward or downward and the difference shall be paid by the Developer to the Town, or paid by the Town to the Developer, as the case may be;
(b) that the amount of the off-site levies shall only be adjusted charges in accordance with the provisions of the Town's off-site levy by-law which shall be a by-law bylaw of general application which shall establish the various off-site levies or charges applicable to similar types of development developments within the TownMunicipality.
17.4 Inasmuch as The Developer acknowledges that the Town Municipality will incur costs and expenses in the checking of the Plans for the Municipal Improvements and Improvements, as well as costs and expenses for the testing and inspection of the Municipal Improvements, and inasmuch as such which costs and expenses are properly part of the costs of constructing and installing the Municipal Improvements and should properly be borne by the Developer, the Town . The Municipality and the Developer agree:
(a) the Developer shallagree that unless otherwise required by any applicable fees bylaw or any other bylaw of general application, or unless otherwise stipulated within Schedule “E”, upon the execution of this Agreement, Agreement Developer shall pay to the Town, subject to adjustment as provided herein, Municipality approval and inspection fees as per the fees established from time to time by the Municipality. Such fees may be applied on a flat rate basis or for each hectare within the gross area of the Development Area, or applied on the rate and/or basis required by any applicable fee bylaw or other applicable bylaw of general application, as set forth in Schedule "G” for each hectare within E", and failing those as may be established from time to time by the Development AreaMunicipality.
17.5 The Developer acknowledges that the amount of the approval and inspection fees payable, whether specified in Schedule "G" E", are subject to adjustment by the Town Municipality, and the Developer and the Town Municipality further covenant and agree that the following provisions shall apply:
(a) that in the event that at the time of the payment of the approval and inspection fees for the Development Area the Town Municipality has not as yet established the approval and inspection fees for the applicable calendar year:
(i) , the Developer, at the time a payment is required, Developer shall pay approval and inspection fees to the Town in Municipality an amount equal to the approval and inspection fees calculated on the basis of the then current rate per gross hectare specified in Schedule "G", or fees calculated on the basis of the rate per gross hectare established by the Town for the previous calendar year, whichever is greater.as required within this Agreement;
(iib) within THIRTY Thirty (30) days of the new approval and inspection fees being established by the Town Municipality for the applicable calendar year, the amount of the payment shall be adjusted upwards or downwards and the difference shall be paid by the Developer to the TownMunicipality, or paid by the Town Municipality to the Developer, as the case may be;; and
(bc) that the amount of the approval and inspection fees shall only be adjusted so that the new approval and inspection fees are of general application to similar types of development within the TownMunicipality.
Appears in 1 contract
Samples: Single Stage Development Agreement
LEVIES AND FEES. 17.1 18.1 The Developer agrees that the Development Area will benefit from new or expanded off-site water, sanitary sewer, roadway and storm drainage facilities which facilities, community recreation facilities, libraries, fire halls and police stations that will be utilized to provide municipal services to the Development Area, and accordingly. Accordingly, the Developer covenants and agrees to pay to the Town Municipality off-site levies as if and when established by the TownMunicipality. Unless otherwise specifically provided within Schedule "E" attached to this Agreement, off site levies (or other subdivision or Development Charges) payable by the Developer shall be calculated and paid either:
(a) prior to the submission for registration of a Plan of Subdivision for the Development Area and prior to the sale of any lots covered by a Plan of Subdivision; or
(b) pursuant to a condition of the Development Permit.
17.2 18.2 Any deferral of payment of off-site levies by the Developer beyond the above-noted deadlines shall be subject to specific agreement between the Municipality and the Developer and shall be contained within Schedule "E" attached to this Agreement and such conditions or other requirements that may be imposed therein (including, without restriction, the requirement for security for payment, and the registration and reliance upon the charge contained within paragraph 20.2 of this Agreement). If, at the time of registration of a Plan of Subdivision, the Municipality has not imposed offsite levies or other subdivision or Development Charges, and subsequently the Municipality imposes such levies or other charges, nothing in this Agreement precludes the Municipality from collecting off-site levies at the development permit stage.
18.3 The Developer covenants and agrees that the off-site levies currently established by the Town Municipality and payable by the Developer to the Town Municipality are the amounts specified in Schedule "GE" of this Agreement Agreement. Unless otherwise required by the applicable bylaw, or otherwise already apportioned and that off-site leviesapplied within Schedule "E" to the lands contained within the Development Area, subject to paragraph 17.3, the Municipality shall be paid prior to release of building permits.
17.3 The Developer acknowledges that the amounts of the distribute any off-site levies specified in Schedule "GE" which are subject shown or levied on the basis of gross hectares in the manner the Municipality considers equitable amongst the parcels within the Development Area (excluding any lands to adjustment be owned by the Town Municipality) so that a specified amount shall be attributed to each parcel within the Development Area.
18.4 The Developer acknowledges and the Developer and the Town further covenant and agree agrees that the following provisions shall apply:
(a) that in the event that if, at the time of the payment execution of an off-site levy for the Development Areathis Agreement, the Town has Municipality does not as yet established the impose off-site levies for the applicable calendar year:
(i) the Developer, at the time a payment is required, shall pay off-site levies to the Town equal to levies based upon the amounts specified in Schedule "G", or levies based upon the amounts established for the previous calendar year, whichever is greater;
(ii) within THIRTY (30) days of the new off-site levies being established by the Town for the applicable calendar yearother development or subdivision or Development Charges), the amount of Municipality may in the off-site future impose such levies shall be adjusted upward or downward and the difference shall be paid by the Developer to the Town, or paid by the Town to the Developer, as the case may be;
(b) that the amount of the off-site levies shall only be adjusted charges in accordance with the provisions of the Town's off-site levy by-law which shall be a by-law bylaw of general application which shall establish the various off-site levies or charges applicable to similar types of development developments within the TownMunicipality.
17.4 Inasmuch as 18.5 The Developer acknowledges and agrees that the Town Municipality will incur costs and expenses in the checking of the Plans Engineering Drawings for the Municipal Improvements and Local Improvements, as well as costs and expenses for the testing and inspection of the Municipal Local Improvements, and inasmuch as such which costs and expenses are properly part of the costs of constructing and installing the Municipal Local Improvements and should properly will be borne by the Developer, the Town . The Municipality and the Developer agree:
(a) agree that, unless otherwise required by any applicable fees bylaw or any other bylaw of general application or unless otherwise stipulated within Schedule "E" which may include but is not limited to costs incurred by the Developer shall, upon Municipality in the execution of event additional experts are required to be retained to assist the Municipality in performing its rights and duties pursuant to this Agreement, the Developer shall pay to the Town, subject to adjustment as provided herein, approval and inspection fees as set forth in Schedule "G” for each hectare within the Development Area.
17.5 The Developer acknowledges that the amount of Municipality the approval and inspection fees specified in Schedule "G" are subject to adjustment accordance with the fees and charges established by the Town and the Developer and the Town further covenant and agree that the following provisions shall apply:
(a) that in the event that at the time of the payment of the approval and inspection fees the Development Area the Town has not as yet established the approval and inspection fees for the applicable calendar year:
(i) the Developer, at the time a payment is required, shall pay approval and inspection fees bylaw prior to the Town in an amount equal to fees calculated on the basis of the rate per gross hectare specified in Schedule "G", related approval being given or fees calculated on the basis of the rate per gross hectare established by the Town for the previous calendar year, whichever is greaterinspection being conducted.
(ii) within THIRTY (30) days of the new approval and inspection fees being established by the Town for the applicable calendar year, the amount of the payment shall be adjusted upwards or downwards and the difference shall be paid by the Developer to the Town, or paid by the Town to the Developer, as the case may be;
(b) that the amount of the approval and inspection fees shall only be adjusted so that the new approval and inspection fees are of general application to similar types of development within the Town.
Appears in 1 contract
Samples: Development Agreement
LEVIES AND FEES. 17.1 The Developer agrees that the Development Area will benefit from new or expanded off-site water, sanitary sewer, roadway and storm drainage facilities which will be utilized to provide municipal services to the Development Area, and accordingly, the Developer covenants and agrees to pay to the Town County off-site levies as established by the TownCounty.
17.2 The Developer covenants and agrees that the off-site levies currently established by the Town County and payable by the Developer to the Town County are the amounts specified in Schedule "GF" of this Agreement and that off-site levies, subject to paragraph 17.3, shall be paid prior in accordance with the following provisions:
(a) the County shall, in the manner the County considers equitable, distribute the total amount of the off-site levies specified in Schedule "F" (which are determined on the basis of gross hectares) amongst the parcels within the particular Stage (excluding any lands to release be owned by the County) so that a specified amount shall be attributed to each parcel within the particular Stage;
(b) subject to clauses (c) and (d), the off-site levy for each parcel shall be payable when the parcel is transferred by the Developer to a third party or when an application for a Development Permit is received by the County to construct a building within the parcel, whichever first occurs;
(c) all unpaid off-site levies for the first Stage of building permitsthe Development Area shall be paid by the Developer to the County on the date ONE (1) year following the date of the execution of this Agreement;
(d) all unpaid off-site levies for the second or any subsequent Stage of the Development Area shall be paid by the Developer to the County ONE (1) year following the date upon which the Developer commences the construction and installation of the Municipal Improvements for the particular Stage.
17.3 The Developer acknowledges that the amounts of the off-site levies specified in Schedule "GF" are subject to adjustment by the Town County and the Developer and the Town County further covenant and agree that the following provisions shall apply:
(a) that in the event that the Developer has commenced the construction and installation of the Municipal Improvements for the first Stage of the Development Area within ONE (1) year of the execution of this Agreement, the amounts of the off-site levies payable by the Developer shall be the amounts applicable in the calendar year in which this Agreement was executed;
(b) that in the event that the Developer has not commenced the construction and installation of the Municipal Improvements for the first Stage of the Development Area within ONE (1) year of the execution of this Agreement, then the amounts of the off-site levies payable by the Developer shall be the amounts applicable in the calendar year in which the Developer commences the construction and installation of the Municipal Improvements for the first Stage of the Development Area;
(c) that for purposes of clause (b), the Developer shall make a payment to the County in accordance with clause 17.2(c) and further payments in accordance with clause (d) on the basis that the total off-site levies payable by the Developer shall be the off- site levies applicable in the calendar year in which the Developer commences the construction and installation of the Municipal Improvements for the first Stage of the Development Area or second or subsequent Stage of the Development Area, as the case may be;
(d) that in the event that at the time of the payment of an off-site levy for any Stage of the Development AreaArea becomes payable, the Town County has not as yet established the off-site levies for the applicable calendar year:
(i) the Developer, at the time a payment is required, shall pay to the County for the particular parcel an amount equal to the greater of:
(a) the off-site levies to the Town equal to levies levy based upon the amounts specified in Schedule "G", or levies F" and allocated in accordance with paragraph 17.2; or
(b) the off-site levy based upon the amounts established for the previous calendar year, whichever is greateryear and allocated in accordance with paragraph 17.2;
(ii) within THIRTY (30) days of the new off-site levies being established by the Town County for the applicable calendar year, and the amount of the off-site levies being allocated to the various parcels as contemplated in paragraph 17.2, the amount of the off-site levies levy for each parcel shall be adjusted upward or downward and the difference shall be paid by the Developer to the TownCounty, or paid by the Town County to the Developer, as the case may be;
(be) that the amount of the off-site levies shall only be adjusted in accordance with the provisions of the TownCounty's off-site levy by-law which shall be a by-law of general application which shall establish the various off-site levies applicable to similar types of development within the TownCounty.
17.4 Inasmuch as the Town County will incur costs and expenses in the checking of the Plans for the Municipal Improvements and costs and expenses for the testing and inspection of the Municipal Improvements, and inasmuch as such costs and expenses are properly part of the costs of constructing and installing the Municipal Improvements and should properly be borne by the Developer, the Town County and the Developer agree:
(a) for the lands covered by the first Stage of the Development Area, the Developer shall, upon the execution of this Agreement, pay to the TownCounty, subject to adjustment as provided herein, approval and inspection fees as set forth in Schedule "G” F" for each hectare within the gross area of the first Stage of the Development Area;
(b) for the lands covered by subsequent Stages of the Development Area, the Developer shall, prior to the commencement of construction and installation of any Municipal Improvements within any Stages, pay to the County approval and inspection fees calculated at the rate per hectare, for the gross area of subsequent Stages, established by County Council for all new residential subdivisions at the time the County accepts Plans for the underground Municipal Improvements within the subsequent Stages.
17.5 The Developer acknowledges that the amount of the approval and inspection fees specified in Schedule "GF" are subject to adjustment by the Town County and the Developer and the Town County further covenant and agree that the following provisions shall apply:
(a) that in the event that at the time of the payment of the approval and inspection fees for any Stage of the Development Area the Town County has not as yet established the approval and inspection fees for the applicable calendar year:
(i) the Developer, at the time a payment is required, shall pay approval and inspection fees to the Town in County, for the particular Stage, an amount equal to the greater of:
(a) the approval and inspection fees calculated on the basis of the rate per gross hectare specified in Schedule "GF", or ; or
(b) the approval and inspection fees calculated on the basis of the rate per gross hectare established by the Town County for the previous calendar year, whichever is greater.;
(ii) within THIRTY (30) days of the new approval and inspection fees being established by the Town County for the applicable calendar year, the amount of the payment for the particular Stage shall be adjusted upwards or downwards and the difference shall be paid by the Developer to the TownCounty, or paid by the Town County to the Developer, as the case may be;
(b) that the amount of the approval and inspection fees shall only be adjusted so that the new approval and inspection fees are of general application to similar types of development within the TownCounty.
17.6 The Developer acknowledges and agrees that the development of the Development Area, as well as the development of other new residential areas adjacent to the Development Area, will result in the County being required to construct and install major recreation facilities, and further, that the major recreation facilities will be of primary benefit to the new residential areas of Sherwood Park, including the Development Area, and not the existing built-up areas (pre 1984) of Sherwood Park.
17.7 Inasmuch as the development of the Development Area will be responsible, in part, for the County being required to construct and install the said major recreation facilities, the Developer covenants and agrees that it shall contribute its proportionate share of the costs and expenses in the amounts and at the times hereinafter provided.
17.8 Subject to adjustment as provided herein, the amount which shall be paid by the Developer to the County for major recreation facilities, as set forth in Schedule "F" of this Agreement, shall be an amount equal to EIGHT HUNDRED AND TWENTY-FIVE ($825.00) DOLLARS for each allowable residential dwelling unit which can be constructed within the Development Area.
17.9 The Developer covenants and agrees that it shall pay its proportionate share of the major recreation facilities in each Stage, and subject to adjustment as provided herein, in installments as follows:
(a) on January 31st following the execution of this Agreement, the County shall issue to the Developer an invoice for an amount equal to EIGHT HUNDRED AND TWENTY-FIVE ($825.00) DOLLARS for each residential dwelling unit within the Development Area for which a development permit has been issued in the preceding TWELVE (12) months;
(b) on January 31st in the second year following the execution of this Agreement, the County shall issue to the Developer an invoice for an amount equal to EIGHT HUNDRED AND TWENTY-FIVE ($825.00) DOLLARS for each residential dwelling unit within the Development Area for which a development permit has been issued subsequent to the invoice issued pursuant to clause (a);
(c) on January 31st in the third year following the execution of this Agreement, the County shall issue to the Developer an invoice for an amount equal to EIGHT HUNDRED AND TWENTY-FIVE ($825.00) DOLLARS for each allowable residential dwelling unit within the Development Area, less the amounts invoiced pursuant to clauses (a) and (b);
(d) the Developer shall, within THIRTY (30) days of the issuance of an invoice pursuant to clauses (a), (b) and (c), pay to the County the amount specified in the particular invoice.
17.10 For purposes of calculating the allowable number of residential dwelling units and calculating the amounts of the Developer's proportionate share of the costs of the major recreation facilities, the following provisions shall govern:
(a) the allowable number of residential dwelling units shall be calculated on the basis of the allowable maximum residential densities under the County's Land Use By-law;
(b) for vacant multiple family sites, subject to the further provisions of this Section hereinafter set forth, the allowable number of residential dwelling units for the particular site shall be calculated on the basis of the maximum allowable density under the County's Land Use By-law for the district designation of the particular site at the time of invoicing for the particular site;
(c) in the event that a multiple family site, or portion thereof, has been developed for residential purposes at the time of invoicing for the particular site, the allowable number of residential dwelling units for the particular site, or portion thereof, shall be calculated on the basis of the actual number of residential dwelling units within the particular site or portion thereof;
(d) in the event that the Developer has made payment for a vacant multiple family site, and in the further event that the particular site, or portion thereof, is developed for residential purposes (with actual construction of the dwelling units being substantially completed) within FIVE (5) years of the effective date of this Agreement, then the payment for the particular site shall be adjusted to reflect the actual number of residential dwelling units within the particular site or portion thereof;
(e) in the event that the Developer has made payment for a vacant multiple family site, and in the further event that the particular site, or portion thereof, is re-districted, within FIVE (5) years of the date of this Agreement, to a new district designation under the County's Land Use By-law which has a higher permissible density, then the payment for the particular site, or portion thereof, shall be adjusted to reflect the new allowable number of residential dwelling units for the particular site or portion thereof;
(f) in the event that TWO (2) or more single family sites are consolidated and redistricted to a multiple family site within FIVE
Appears in 1 contract
Samples: Development Agreement
