PLAN OF SUBDIVISION. 2.1 The Developer covenants and agrees that it shall register in the Land Titles Office for the South Alberta Land Registration District a Plan of Subdivision for the Development Area within TWENTY-FOUR (24) months of the date of the subdivision approval, and further, the Developer agrees: (a) that in the event that the Plan of Subdivision for the Development Area is not registered within the said TWENTY-FOUR (24) months, then the Town shall be entitled to terminate this Agreement; (b) that the termination of this Agreement in whole or in part as provided in Clause (a) shall be effective upon the Town serving written notice of termination on the Developer; (c) that in the event that this Agreement is terminated in whole or in part as provided in Clause (a), then the Developer shall not be entitled to register any plans of subdivision for any portion of the Development Area unless and until a further written agreement is entered into between the Developer and the Town. (d) that in the event that the Town terminates this Agreement in whole or in part pursuant to the provisions of this Paragraph, it is understood and agreed that any financial obligations of the Developer to the Town shall survive and the Town shall be entitled to enforce such financial obligations as if this Agreement remained in full force and effect. 2.2 The Developer covenants and agrees that it shall comply fully with all conditions of any subdivision approval which may be imposed by the subdivision approving authority. 2.3 No Plan of Subdivision shall be endorsed by the Town nor shall be permitted to be registered unless and until the Town, in its sole discretion: (a) has rezoned the Development Area to permit the land uses being proposed by the Developer; (b) has passed any amendments deemed appropriate by the Town to any bylaw or statutory plan, including any applicable Area Structure Plan, affecting the Development Area; (c) is satisfied that all conditions of the Subdivision approval have been or will be satisfied in accordance with Section 657 of the Municipal Government Act, R.S.A. 2000, Chapter M-26, as amended from time to time; (d) has received payment for all applicable fees, charges, levies and other charges imposed in relation to the Subdivision or otherwise required to be paid under the terms of this Agreement; (e) has received copies of all required approvals from jurisdictions having authority respecting the Development Area; (f) has received all necessary security as required under the terms of this Agreement; and (g) has approved all Plans respecting the construction and installation of all Municipal Improvements. 2.4 Providing that the Developer is not in default of any of the provisions of this Agreement or any condition of subdivision approval, the Town shall, at the request of the Developer, deliver to the Provincial Department of Environment any confirmations or undertakings reasonably required (and in respect to which the Town can attest) in order for the Developer to obtain any necessary permits and licenses from the said Department of Environment. 2.5 In the event that the Plan of Subdivision for the Development Area has been registered by the Developer, and the Developer fails to proceed with the construction and installation of the Municipal Improvements within the time limits herein specified, the Developer shall, upon receiving written notice from the Town to do so, immediately proceed to take all steps necessary to cancel the registration of said Plan of Subdivision, and further, the Developer, in all events, shall have obtained the cancellation of the registration of the said Plan of Subdivision within THREE (3) months of the Town providing written notice to the Developer as herein provided. 2.6 Notwithstanding anything to the contrary contained in this Agreement, the Developer hereby irrevocably appoints the Town as its attorney in fact and in law for the purposes of making all necessary or desirable (in the Town's discretion or opinion) applications, executing all necessary or advisable (in the Town's discretion or opinion) documents, and taking all further necessary or advisable (in the Town's discretion or opinion) steps or actions in order to obtain the cancellation of the registration of the said Plan of Subdivision in accordance with the preceding Section of this Agreement. 2.7 The power of attorney conferred upon the Town by the Developer in Section 2.6 of this Agreement may be exercised by the Town in the event that the Developer has not applied for the cancellation of the registration of the Plan of Subdivision within ONE (1) month of the Town providing written notice to the Developer pursuant to Section 2.5 of this Agreement, or may be exercised in the event that the Developer has not obtained the cancellation of the registration of the Plan of Subdivision within THREE (3) months of the Town providing written notice to the Developer pursuant to Section 2.5 of this Agreement. 2.8 The Town in its discretion may extend the time limits specified in Section 2.7, but the Town and the Developer agree that no act or omission on the part of the Town, intentional or unintentional, shall constitute a waiver of the Town's right to exercise the power of attorney conferred upon the Town by the Developer pursuant to Sections 2.6 and 2.7 of this Agreement.
Appears in 2 contracts
Samples: Subdivision/Development Agreement, Subdivision/Development Agreement
PLAN OF SUBDIVISION.
2.1 The Municipality agrees that, subject to the other requirements of this Agreement, the Developer may proceed with the development of the Development Area prior to registering a Plan of Subdivision for the Development Area.
2.2 When a Plan of Subdivision is contemplated as part of the development of the Development Area:
(a) the Developer covenants and agrees that it shall register in the Land Titles Office for the South Alberta Land Registration District a Plan of Subdivision for the Development Area within TWENTY-FOUR twenty four (24) months of the date of the subdivision approval, and further, this Agreement (subject to the Developer agrees:
(ahaving obtained an extension from the Municipality to register the Plan of Subdivision) that or longer should the Developer obtain a longer extension from the Municipality in the event that writing in which case the Plan of Subdivision for must be registered in the Development Area is Land Titles Office prior to the agreed upon extended date;
(b) if the Developer does not registered register a Plan of Subdivision within the said TWENTY-FOUR time prescribed in paragraph (24a) monthsabove, then the Town Municipality shall be entitled to terminate this Agreement;
(bc) that the termination of this Agreement in whole or in part as provided in Clause paragraph (ab) above shall be effective upon the Town Municipality serving written notice of termination on the Developer;
(c) that in the event that this Agreement is terminated in whole or in part as provided in Clause (a), then the Developer shall not be entitled to register any plans of subdivision for any portion of the Development Area unless ; and until a further written agreement is entered into between the Developer and the Town.20 -DA-
(d) that in if the event that the Town Municipality terminates this Agreement in whole or in part pursuant to the provisions of this Paragraphparagraph 2.2, it is understood the Developer understands and agreed agrees that any financial obligations of the Developer to the Town Municipality shall survive and the Town Municipality shall be entitled to enforce such financial obligations as if this Agreement remained in full force and effect.
2.2 2.3 The Developer covenants and agrees that it shall comply fully with all conditions of any subdivision approval which that may be imposed by the subdivision approving authority (or if the subdivision authority's decision is appealed, the final decision upon appeal).
2.3 2.4 No Plan of Subdivision shall either be endorsed by the Town nor shall be Municipality or permitted to be registered registered, unless and until the TownMunicipality, in its sole discretion, has:
(a) has rezoned passed any new statutory plans or amendments to any existing statutory plans that the Development Area to permit the land uses being proposed by the DeveloperMunicipality deems appropriate;
(b) has passed any amendments deemed appropriate by to the Town to any bylaw or statutory planMunicipality's Land Use Bylaw, including any applicable Area Structure Plan, affecting the appropriate districting for the Development Area, relating to the regulations applicable to the development within the Development Area that the Municipality deems appropriate;
(c) is satisfied that received, from the Developer, all conditions necessary approvals from all other orders of government respecting the Subdivision approval have been proposed subdivision or will be satisfied in accordance with Section 657 of development, the Municipal Government ActLocal Improvements, R.S.A. 2000, Chapter M-26or the Engineering Drawings, as amended from time to timemay be required;
(d) has received payment for confirmation of, or otherwise confirmed, the satisfaction of all conditions contained within any applicable feessubdivision approval or development permit, charges, levies and other charges imposed in relation including but not limited to the Subdivision payment of all Development Charges as well as any and all fees required pursuant to the approval and inspection fees in accordance with the fees and charges established by bylaw or as otherwise required to be paid under the terms of by this Agreement;
(e) has received copies all items required to be delivered to the Municipality pursuant to the terms of all required approvals from jurisdictions having authority respecting this Agreement including, without restriction, those items outlined within the Development Area;subdivision and development process and checklist contained within Schedule "H" attached to this Agreement as well as the insurance and security requirements pursuant to Section 23; and
(f) has received all necessary security as required under confirmed that registered ownership of the terms of this Agreement; and
(g) has approved all Plans respecting lands comprising the construction and installation of all Municipal Improvements.
2.4 Providing Development Area is satisfactory to the Municipality, including, without restriction, confirmation that the Developer registered owner is not in default of any of the provisions of this Agreement or any condition of subdivision approval, the Town shall, at the request of the Developer, deliver to the Provincial Department of Environment any confirmations or undertakings reasonably required (and in respect to which the Town can attest) in order for the Developer to obtain any necessary permits and licenses from the said Department of Environment.
2.5 In the event that the a Plan of Subdivision for the Development Area has been registered by the Developer, and the Developer fails to proceed with the construction and installation of the Municipal Local Improvements for the Development Area within the time limits herein specified, the Developer shall, upon within thirty (30) days of receiving written notice from the Town Municipality to do so, immediately proceed to take all steps necessary to cancel apply for the cancellation of the registration of the said Plan of Subdivision, and further, the Developer, in all events, . The Developer shall have obtained the cancellation of the registration of the said Plan of Subdivision within THREE ninety (390) months days of the Town Municipality providing written notice to the Developer as herein provided.
2.6 Notwithstanding anything to the contrary contained in this Agreement, the Developer hereby irrevocably appoints the Town as its attorney in fact and in law for the purposes of making all necessary or desirable (in the Town's discretion or opinion) applications, executing all necessary or advisable (in the Town's discretion or opinion) documents, and taking all further necessary or advisable (in the Town's discretion or opinion) steps or actions in order to obtain the cancellation of the registration of the said When a Plan of Subdivision is contemplated as part of the development of the Development Area, it is understood and agreed to by the Parties that the Developer shall not construct buildings or structures, or apply for any development or building permits to construct buildings or structures within the Development Area prior to the issuance of Construction Completion Certificates for the underground and surface Local Improvements and registration of a Plan of Subdivision for the Development Area, unless the applied for development or building permit relates to the construction of buildings or structures specified in the Engineering Drawings as approved by the Municipality, or is for a residential sales centre to be located in the Development Area provided that:
(a) water service is operational (for fire protection) and all-weather roads are constructed (for emergency access) prior to issuance of any development or building permits; and
(b) all Essential Services have been installed and rendered operative in any part of the Development Area before any buildings or structures are occupied, except as otherwise permitted in writing by the Municipality. 20 -DA- Notwithstanding the foregoing, this shall in no way oblige the Municipality to issue permits or approve occupancy earlier than provided in the regulations and bylaws of the Municipality nor is the Municipality obliged to approve the aforementioned applied for development or building permits. The caveat pursuant to paragraph 26.6 shall remain against any portion of the Development Area where a permit is issued for a residential sales centre until the residential sales centre is removed or approved by the Municipality for a change of use in accordance with the preceding Section any and all required approvals and permits for such removal or change of this Agreementuse.
2.7 The power of attorney conferred upon the Town by the Developer in Section 2.6 of this Agreement may be exercised by the Town in the event that the Developer has not applied for the cancellation of the registration of the Plan of Subdivision within ONE (1) month of the Town providing written notice to the Developer pursuant to Section 2.5 of this Agreement, or may be exercised in the event that the Developer has not obtained the cancellation of the registration of the Plan of Subdivision within THREE (3) months of the Town providing written notice to the Developer pursuant to Section 2.5 of this Agreement.
2.8 The Town in its discretion may extend the time limits specified in Section 2.7, but the Town and the Developer agree that no act or omission on the part of the Town, intentional or unintentional, shall constitute a waiver of the Town's right to exercise the power of attorney conferred upon the Town by the Developer pursuant to Sections 2.6 and 2.7 of this Agreement.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
PLAN OF SUBDIVISION. 2.1 In the event that at the time of the execution of this Agreement, the Developer has not obtained subdivision approval for the subdivision of the Development Area, the Developer at its sole cost and expense shall cause a Plan or Plans of Subdivision for the Development Area to be prepared and approved by all necessary approving authorities and in accordance with the law in that respect; PROVIDED, and it is a strict requirement of this Agreement, that any Plan of Subdivision must first have received approval in writing of the Town.
2.1 2.2 The Developer covenants and agrees that it shall register in the Land Titles Office for the South Alberta Land Registration District a Plan of Subdivision for the Development Area within TWENTY-FOUR Twelve (2412) months of the date of the subdivision approval, this Agreement and further, the Developer agrees:
(a) that in the event that the Plan of Subdivision for the Development Area is not registered within the said TWENTY-FOUR Twelve (2412) months, then the Town shall be entitled to terminate this Agreement;
(b) that the termination of this Agreement in whole or in part as provided in Clause (a) shall be effective upon the Town serving written notice of termination on the Developer;
(c) that in the event that this Agreement is terminated in whole or in part as provided in Clause (a), then the Developer shall not be entitled to register any plans of subdivision for any portion of the Development Area unless and until a further written agreement is entered into between the Developer and the Town.
(d) that in the event that the Town terminates this Agreement in whole or in part pursuant to the provisions of this Paragraph, it is understood and agreed that any financial obligations of the Developer to the Town shall survive and the Town shall be entitled to enforce such financial obligations as if this Agreement remained in full force and effect.
2.2 2.3 The Developer covenants and agrees that it shall comply fully with all conditions of any subdivision approval which may be imposed by the subdivision approving authority.
2.3 2.4 No Plan of Subdivision shall be endorsed by the Town nor shall be permitted to be registered unless unless, and until until, the Town, in its sole discretion:
(a) , has rezoned the Development Area to permit the land uses being proposed by the Developer;
(b) Developer and has passed any amendments deemed appropriate by the Town Town, in the Town's discretion, to any bylaw or statutory municipal plan, including any applicable the Area Structure Plan, affecting Plan which applies to the Development Area;
(c) is satisfied that all conditions of the Subdivision approval have been or will be satisfied in accordance with Section 657 of the Municipal Government Act, R.S.A. 2000, Chapter M-26, as amended from time to time;
(d) has received payment for all applicable fees, charges, levies and other charges imposed in relation to the Subdivision or otherwise required to be paid under the terms of this Agreement;
(e) has received copies of all required approvals from jurisdictions having authority respecting the Development Area;
(f) has received all necessary security as required under the terms of this Agreement; and
(g) has approved all Plans respecting the construction and installation of all Municipal Improvements.
2.4 2.5 Providing that the Developer is not in default of any of the provisions of this Agreement or any condition of subdivision approval, the Town shall, at the request of the Developer, deliver to the Provincial Department of Alberta Environment and Parks any confirmations or undertakings reasonably required (and in respect to which the Town can attest) in order for the Developer to obtain any necessary permits and licenses from the said Department of EnvironmentAlberta Environment and Parks.
2.5 2.6 In the event that the Plan of Subdivision for the Development Area has been registered by the Developer, and the Developer fails to proceed with the construction and installation of the Municipal Improvements within the time limits herein specified, the Developer shall, upon receiving written notice from the Town to do so, immediately proceed to take all steps necessary to cancel the registration of said Plan of Subdivision, and further, the Developer, in all events, shall have obtained the cancellation of the registration of the said Plan of Subdivision within THREE (3) months of the Town providing written notice to the Developer as herein provided.
2.6 Notwithstanding anything to the contrary contained in this Agreement, the Developer hereby irrevocably appoints the Town as its attorney in fact and in law for the purposes of making all necessary or desirable (in the Town's discretion or opinion) applications, executing all necessary or advisable (in the Town's discretion or opinion) documents, and taking all further necessary or advisable (in the Town's discretion or opinion) steps or actions in order to obtain the cancellation of the registration of the said Plan of Subdivision in accordance with the preceding Section of this Agreement.
2.7 The power of attorney conferred upon the Town by the Developer in Section 2.6 of this Agreement may be exercised by the Town in the event that the Developer has not applied for the cancellation of the registration of the Plan of Subdivision within ONE (1) month of the Town providing written notice to the Developer pursuant to Section 2.5 of this Agreement, or may be exercised in the event that the Developer has not obtained the cancellation of the registration of the Plan of Subdivision within THREE (3) months of the Town providing written notice to the Developer pursuant to Section 2.5 of this Agreement.
2.8 The Town in its discretion may extend the time limits specified in Section 2.7, but the Town and the Developer agree that no act or omission on the part of the Town, intentional or unintentional, shall constitute a waiver of the Town's right to exercise the power of attorney conferred upon the Town by the Developer pursuant to Sections 2.6 and 2.7 of this Agreement.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
PLAN OF SUBDIVISION.
2.1 The Municipality agrees that, subject to the other requirements of this Agreement, the Developer may proceed with the development of the Development Area prior to registering a Plan of Subdivision for the Development Area.
2.2 When a Plan of Subdivision is contemplated as part of the development of the Development Area:
(a) the Developer covenants and agrees that it shall register in the Land Titles Office for the South Alberta Land Registration District a Plan of Subdivision for the Development Area within TWENTY-FOUR twenty four (24) months of the date of the subdivision approval, and further, this Agreement (subject to the Developer agrees:
(ahaving obtained an extension from the Municipality to register the Plan of Subdivision) that or longer should the Developer obtain a longer extension from the Municipality in the event that writing in which case the Plan of Subdivision for must be registered in the Development Area is Land Titles Office prior to the agreed upon extended date;
(b) if the Developer does not registered register a Plan of Subdivision within the said TWENTY-FOUR time prescribed in paragraph (24a) monthsabove, then the Town Municipality shall be entitled to terminate this Agreement;
(bc) that the termination of this Agreement in whole or in part as provided in Clause paragraph (ab) above shall be effective upon the Town Municipality serving written notice of termination on the Developer;
(c) that in the event that this Agreement is terminated in whole or in part as provided in Clause (a), then the Developer shall not be entitled to register any plans of subdivision for any portion of the Development Area unless and until a further written agreement is entered into between the Developer and the Town.; and
(d) that in if the event that the Town Municipality terminates this Agreement in whole or in part pursuant to the provisions of this Paragraphparagraph 2.2, it is understood the Developer understands and agreed agrees that any financial obligations of the Developer to the Town Municipality shall survive and the Town Municipality shall be entitled to enforce such financial obligations as if this Agreement remained in full force and effect.
2.2 2.3 The Developer covenants and agrees that it shall comply fully with all conditions of any subdivision approval which that may be imposed by the subdivision approving authority (or if the subdivision authority's decision is appealed, the final decision upon appeal).
2.3 2.4 No Plan of Subdivision shall either be endorsed by the Town nor shall be Municipality or permitted to be registered registered, unless and until the TownMunicipality, in its sole discretion, has:
(a) has rezoned passed any new statutory plans or amendments to any existing statutory plans that the Development Area to permit the land uses being proposed by the DeveloperMunicipality deems appropriate;
(b) has passed any amendments deemed appropriate by to the Town to any bylaw or statutory planMunicipality's Land Use Bylaw, including any applicable Area Structure Plan, affecting the appropriate districting for the Development Area, relating to the regulations applicable to the development within the Development Area that the Municipality deems appropriate;
(c) is satisfied that received, from the Developer, all conditions necessary approvals from all other orders of government respecting the Subdivision approval have been proposed subdivision or will be satisfied in accordance with Section 657 of development, the Municipal Government ActLocal Improvements, R.S.A. 2000, Chapter M-26or the Engineering Drawings, as amended from time to timemay be required;
(d) has received payment for confirmation of, or otherwise confirmed, the satisfaction of all conditions contained within any applicable feessubdivision approval or development permit, charges, levies and other charges imposed in relation including but not limited to the Subdivision payment of all Development Charges as well as any and all fees required pursuant to the approval and inspection fees in accordance with the fees and charges established by bylaw or as otherwise required to be paid under the terms of by this Agreement;
(e) has received copies all items required to be delivered to the Municipality pursuant to the terms of all required approvals from jurisdictions having authority respecting this Agreement including, without restriction, those items outlined within the Development Area;subdivision and development process and checklist contained within Schedule "H" attached to this Agreement as well as the insurance and security requirements pursuant to Section 23; and
(f) has received all necessary security as required under confirmed that registered ownership of the terms of this Agreement; and
(g) has approved all Plans respecting lands comprising the construction and installation of all Municipal Improvements.
2.4 Providing Development Area is satisfactory to the Municipality, including, without restriction, confirmation that the Developer registered owner is not in default of any of the provisions of this Agreement or any condition of subdivision approval, the Town shall, at the request of the Developer, deliver to the Provincial Department of Environment any confirmations or undertakings reasonably required (and in respect to which the Town can attest) in order for the Developer to obtain any necessary permits and licenses from the said Department of Environment.
2.5 In the event that the a Plan of Subdivision for the Development Area has been registered by the Developer, and the Developer fails to proceed with the construction and installation of the Municipal Local Improvements for the Development Area within the time limits herein specified, the Developer shall, upon within thirty (30) days of receiving written notice from the Town Municipality to do so, immediately proceed to take all steps necessary to cancel apply for the cancellation of the registration of the said Plan of Subdivision, and further, the Developer, in all events, . The Developer shall have obtained the cancellation of the registration of the said Plan of Subdivision within THREE ninety (390) months days of the Town Municipality providing written notice to the Developer as herein provided.
2.6 The Developer covenants and agrees that in the event that a Plan of Subdivision for the Development Area is not registered within the time limits prescribed herein, a Plan of Subdivision for the Development Area is cancelled as contemplated in this Section, or the Developer does not commence the development of the Development Area within the time limits prescribed herein, the Municipality shall be at liberty, in the Municipality's sole discretion, to redistrict the lands within the Development Area back to the land use district in place prior to the Development Area being districted for the development purposes contemplated in this Agreement.
2.7 Notwithstanding anything to the contrary contained in this Agreement, the Developer hereby irrevocably appoints the Town Municipality as its attorney in fact and in law for the purposes of making all necessary or desirable (in the TownMunicipality's discretion or opinion) applications, executing all necessary or advisable (in the TownMunicipality's discretion or opinion) documents, and taking all further necessary or advisable (in the TownMunicipality's discretion or opinion) steps or actions in order to obtain the cancellation of the registration of the said Plan of Subdivision in accordance with the preceding Section of this Agreement.
2.7 2.8 The power of attorney conferred upon the Town Municipality by the Developer in Section 2.6 paragraph 2.7 of this Agreement may only be exercised by the Town Municipality in the event that the Developer has not applied for the cancellation of the registration of the Plan of Subdivision within ONE thirty (130) month days of the Town Municipality providing written notice to the Developer pursuant to Section paragraph 2.5 of this Agreement, or may only be exercised in the event that the Developer has not obtained the cancellation of the registration of the Plan of Subdivision within THREE ninety (390) months days of the Town Municipality providing written notice to the Developer pursuant to Section paragraph 2.5 of this Agreement.
2.8 2.9 The Town Municipality in its discretion may extend the time limits specified in Section 2.7paragraph 2.8, but the Town Municipality and the Developer agree that no act or omission on the part of the TownMunicipality, intentional or unintentional, shall constitute a waiver of the TownMunicipality's right to exercise the power of attorney conferred upon the Town Municipality by the Developer pursuant to Sections 2.6 paragraphs 2.7 and 2.7 2.8 of this Agreement.
2.10 When a Plan of Subdivision is contemplated as part of the development of the Development Area, it is understood and agreed to by the Parties that the Developer shall not construct buildings or structures, or apply for any development or building permits to construct buildings or structures within the Development Area prior to the issuance of Construction Completion Certificates for the underground and surface Local Improvements and registration of a Plan of Subdivision for the Development Area, unless the applied for development or building permit relates to the construction of buildings or structures specified in the Engineering Drawings as approved by the Municipality, or is for a residential sales centre to be located in the Development Area provided that:
(a) water service is operational (for fire protection) and all-weather roads are constructed (for emergency access) prior to issuance of any development or building permits; and
(b) all Essential Services have been installed and rendered operative in any part of the Development Area before any buildings or structures are occupied, except as otherwise permitted in writing by the Municipality. Notwithstanding the foregoing, this shall in no way oblige the Municipality to issue permits or approve occupancy earlier than provided in the regulations and bylaws of the Municipality nor is the Municipality obliged to approve the aforementioned applied for development or building permits. The caveat pursuant to paragraph 26.6 shall remain against any portion of the Development Area where a permit is issued for a residential sales centre until the residential sales centre is removed or approved by the Municipality for a change of use in accordance with any and all required approvals and permits for such removal or change of use.
Appears in 1 contract
Samples: Development Agreement
PLAN OF SUBDIVISION. 2.1. The City agrees that, subject to the other requirements of this Agreement, the Developer may proceed with the development of the Development Area prior to registering a Plan of Subdivision for the Development Area.
2.1 The 2.2. Except where a Plan of Subdivision is not contemplated as part of the development of the Development Area:
(a) if the Developer has not obtained subdivision approval for the Development Area by the time of the execution of this Agreement, the Developer shall at its sole cost and expense cause a Plan of Subdivision for the Development Area to be prepared and approved by all necessary approving authorities and in accordance with the law in that respect, and provided that it is a strict requirement of this Agreement, that any Plan of Subdivision must first have received approval in writing of the City;
(b) the Developer covenants and agrees that it shall register in the Land Titles Office for the South North Alberta Land Registration District a Plan of Subdivision for the Development Area within TWENTY-FOUR TWELVE (2412) months of the date of the subdivision approval, and further, this Agreement (unless otherwise agreed to in writing);
(c) if the Developer agrees:
(a) that in the event that the does not register a Plan of Subdivision for the Development Area is not registered within the said TWENTY-FOUR time prescribed in Paragraph (24) monthsb), then the Town City shall be entitled to terminate this Agreement;
(bd) that the termination of this Agreement in whole or in part as provided in Clause Paragraph (ac) shall be effective upon the Town City serving written notice of termination on the Developer;; and
(ce) that in if the event that this Agreement is terminated in whole or in part as provided in Clause (a), then the Developer shall not be entitled to register any plans of subdivision for any portion of the Development Area unless and until a further written agreement is entered into between the Developer and the Town.
(d) that in the event that the Town City terminates this Agreement in whole or in part pursuant to the provisions of this Paragraphsection, it is understood and agreed that any financial obligations of the Developer to the Town City shall survive and the Town City shall be entitled to enforce such financial obligations as if this Agreement remained in full force and effect. Financial burdens directly or indirectly caused from the development upon the Developer or the City shall be borne entirely by the Developer upon termination of this Agreement.
2.2 2.3. The Developer covenants and agrees that it shall comply fully with all conditions of any subdivision approval which may be imposed by the subdivision approving authorityCity’s Subdivision Authority or the City’s Subdivision and Development Appeal Board if the decision of the Subdivision Authority is appealed.
2.3 2.4. No Plan of Subdivision shall either be endorsed by the Town nor shall be City or permitted to be registered registered, nor shall the Developer commence any work within or adjacent to the Development Area, unless and until the Town, City in its sole discretiondiscretion has:
(a) has rezoned the Development Area to permit a district that the land uses being proposed by the DeveloperCity deems appropriate;
(b) has passed amendments to the City’s Land Use Bylaw relating to the regulations applicable to the development within the Development Area that the City deems appropriate;
c) passed any new statutory plans or amendments deemed appropriate by the Town to any bylaw or existing statutory plan, including any applicable Area Structure Plan, affecting plans that the Development AreaCity deems appropriate;
(c) is satisfied that all conditions of the Subdivision approval have been or will be satisfied in accordance with Section 657 of the Municipal Government Act, R.S.A. 2000, Chapter M-26, as amended from time to time;
(d) has received payment for all applicable fees, charges, levies and other charges imposed in relation to the Subdivision or otherwise required to be paid under the terms of this Agreement;
(e) has received copies of all required approvals from jurisdictions having authority respecting the Development Area;
(f) has received all necessary security as required under approvals from all other orders of government respecting the terms proposed subdivision or development, Municipal Improvements, or the Plans;
e) approved of this Agreement; and
(g) has approved all Plans respecting the construction and installation of all Municipal ImprovementsImprovements and Franchise Utilities;
f) received confirmation of, or otherwise confirmed, the satisfaction of all conditions contained within the applicable subdivision approval or development permit;
g) confirmed that registered ownership of the lands comprising the Development Area is satisfactory to the City, including, without restriction, confirmation that the registered owner is the Developer; and
h) received all items required to be delivered to the City pursuant to the terms of this Agreement; and
i) issued a Notice to Proceed.
2.4 Providing that the Developer is not in default of any of the provisions of this Agreement or any condition of subdivision approval, the Town shall, at the request of the Developer, deliver to the Provincial Department of Environment any confirmations or undertakings reasonably required (and in respect to which the Town can attest) in order for the Developer to obtain any necessary permits and licenses from the said Department of Environment.
2.5 2.5. In the event that the Plan of Subdivision for the Development Area has been registered by the Developer, and the Developer fails to proceed with the construction and installation of the Municipal Improvements for the Development Area within the time limits herein specified, the Developer shall, upon receiving written notice from the Town City to do so, immediately proceed to take all steps necessary to cancel the registration of said the Plan of Subdivision, Subdivision and further, the Developer, in all events, shall have obtained the cancellation of the registration of the said Plan of Subdivision within THREE (3) months of the Town City providing written notice to the Developer as herein provided.
2.6 2.6. The Developer covenants and agrees that in the event that the Plan of Subdivision for the Development Area is not registered within the time limits prescribed herein, or in the event that the Plan of Subdivision for the Development Area is cancelled as contemplated in this Article, or in the event that the Developer does not Commence Construction within the Development Area within the time limits prescribed herein, then the City shall be at liberty, in the City’s sole discretion, to re-district the lands within the Development Area back to the land use district in place prior to the Development Area being districted for development purposes.
2.7. Notwithstanding anything to the contrary contained in this Agreement, the Developer hereby irrevocably appoints the Town City as its attorney in fact and in law for the purposes of making all necessary or desirable (in the Town's City’s discretion or opinion) applications, executing all necessary or advisable (in the Town's discretion or opinion) desirable documents, and taking all further necessary or advisable (in the Town's discretion or opinion) desirable steps or actions in order to obtain the cancellation of the registration of the said Plan of Subdivision in accordance with the preceding Section Article of this Agreement.
2.7 2.8. The power of attorney conferred upon the Town City by the Developer in Section 2.6 of this Agreement Paragraph 2.7 may be exercised by the Town City:
a) in the event that the Developer has not applied for the cancellation of the registration of the Plan of Subdivision within ONE (1) month of the Town City providing written notice to the Developer pursuant to Section Paragraph 2.5 of this Agreement, or may be exercised or;
b) in the event that the Developer has not obtained the cancellation of the registration of the Plan of Subdivision within THREE (3) months of the Town City providing written notice to the Developer pursuant to Section 2.5 of this AgreementParagraph 2.5.
2.8 2.9. The Town City in its discretion may extend the time limits specified in Section 2.7Paragraph 2.8, but the Town City and the Developer agree that no act or omission on the part of the TownCity, intentional or unintentional, shall constitute a waiver of the Town's City’s right to exercise the power of attorney conferred upon the Town City by the Developer pursuant to Sections 2.6 Paragraphs 2.7 and 2.7 2.8 of this Agreement.
Appears in 1 contract
Samples: Memorandum of Agreement
PLAN OF SUBDIVISION.
2.1 The Municipality agrees that, subject to the other requirements of this Agreement, the Developer may proceed with the development of the Development Area prior to registering a Plan of Subdivision for the Development Area, subject to Section 2.2(a) of this Agreement. 20 -DA-
2.2 When a Plan of Subdivision is contemplated as part of the development of the Development Area:
(a) the Developer covenants and agrees that it shall register in the Land Titles Office for the South Alberta Land Registration District a Plan of Subdivision for the Development Area within TWENTY-FOUR twenty four (24) months of the date of the subdivision approval, and further, this Agreement (subject to the Developer agrees:
(ahaving obtained an extension from the Municipality to register the Plan of Subdivision) that or longer should the Developer obtain a longer extension from the Municipality in the event that writing in which case the Plan of Subdivision for must be registered in the Development Area is Land Titles Office prior to the agreed upon extended date;
(b) if the Developer does not registered register a Plan of Subdivision within the said TWENTY-FOUR time prescribed in Subsection (24a) monthsabove, then the Town Municipality shall be entitled to terminate this Agreement;
(bc) that the termination of this Agreement in whole or in part as provided in Clause Subsection (ab) above shall be effective upon the Town Municipality serving written notice of termination on the Developer;
(c) that in the event that this Agreement is terminated in whole or in part as provided in Clause (a), then the Developer shall not be entitled to register any plans of subdivision for any portion of the Development Area unless and until a further written agreement is entered into between the Developer and the Town.; and
(d) that in if the event that the Town Municipality terminates this Agreement in whole or in part pursuant to the provisions of this ParagraphSection 2.2, it is understood the Developer understands and agreed agrees that any financial obligations of the Developer to the Town Municipality shall survive and the Town Municipality shall be entitled to enforce such financial obligations as if this Agreement remained in full force and effect.
2.2 2.3 The Developer covenants and agrees that it shall comply fully with all conditions of any subdivision approval which that may be imposed by the subdivision approving authority (or if the subdivision authority's decision is appealed, the final decision upon appeal).
2.3 2.4 No Plan of Subdivision shall either be endorsed by the Town nor shall be Municipality or permitted to be registered registered, unless and until the TownMunicipality, in its sole discretion, has:
(a) has rezoned passed any new statutory plans or amendments to any existing statutory plans that the Development Area to permit the land uses being proposed by the DeveloperMunicipality deems appropriate;
(b) has passed any amendments deemed appropriate by to the Town to any bylaw or statutory planMunicipality's Land Use Bylaw, including any applicable Area Structure Plan, affecting the appropriate districting for the Development Area, relating to the regulations applicable to the development within the Development Area that the Municipality deems appropriate. For the sake of clarity, it is expressly acknowledged and understood that nothing within this Agreement constitutes an express or implied promise the Municipality will or will not pass any amendment to the Municipality’s Land Use Bylaw;
(c) is satisfied that received, from the Developer, all conditions necessary approvals from all other orders of government respecting the Subdivision approval have been proposed subdivision or will be satisfied in accordance with Section 657 of development, the Municipal Government ActLocal Improvements, R.S.A. 2000, Chapter M-26or the Engineering Drawings, as amended from time to timemay be required;
(d) has received payment for confirmation of, or otherwise confirmed, the satisfaction of all conditions contained within any applicable feessubdivision approval or development permit, charges, levies and other charges imposed in relation including but not limited to the Subdivision payment of all Development Charges as well as any and all fees required pursuant to the approval and inspection fees in accordance with the fees and charges established by bylaw or as otherwise required to be paid under the terms of by this Agreement;
(e) has received copies all items required to be delivered to the Municipality pursuant to the terms of all required approvals from jurisdictions having authority respecting this Agreement including, without restriction, those items outlined within the Development Area;subdivision and development process and checklist contained within Schedule "H" attached to this Agreement as well as the insurance and security requirements pursuant to Section 23; and
(f) has received all necessary security as required under confirmed that registered ownership of the terms of this Agreement; and
(g) has approved all Plans respecting lands comprising the construction and installation of all Municipal Improvements.
2.4 Providing Development Area is satisfactory to the Municipality, including, without restriction, confirmation that the Developer registered owner is not in default of any of the provisions of this Agreement or any condition of subdivision approval, the Town shall, at the request of the Developer, deliver to the Provincial Department of Environment any confirmations or undertakings reasonably required (and in respect to which the Town can attest) in order for the Developer to obtain any necessary permits and licenses from the said Department of Environment.
2.5 In the event that the a Plan of Subdivision for the Development Area has been registered by the Developer, and the Developer fails to proceed with the construction and installation of the Municipal Local Improvements for the Development Area within the time limits herein specified, the Developer shall, upon within thirty (30) days of receiving written notice from the Town Municipality to do so, immediately proceed to take all steps necessary to cancel the registration of said Plan of Subdivision, and further, the Developer, in all events, shall have obtained apply for the cancellation of the registration of the said Plan of Subdivision within THREE (3) months of Subdivision. The Developer shall have obtained the Town providing written notice to the Developer as herein provided.
2.6 Notwithstanding anything to the contrary contained in this Agreement, the Developer hereby irrevocably appoints the Town as its attorney in fact and in law for the purposes of making all necessary or desirable (in the Town's discretion or opinion) applications, executing all necessary or advisable (in the Town's discretion or opinion) documents, and taking all further necessary or advisable (in the Town's discretion or opinion) steps or actions in order to obtain the cancellation of the registration of the said Plan of Subdivision in accordance with the preceding Section of this Agreement.
2.7 The power of attorney conferred upon the Town by the Developer in Section 2.6 of this Agreement may be exercised by the Town in the event that the Developer has not applied for the 20 -DA- cancellation of the registration of the Plan of Subdivision within ONE ninety (190) month days of the Town Municipality providing written notice to the Developer as specified in this Section.
2.6 When a Plan of Subdivision is contemplated as part of the development of the Development Area, it is understood and agreed to by the Parties that the Developer shall not construct buildings or structures, or apply for any development or building permits to construct buildings or structures within the Development Area prior to the issuance of Construction Completion Certificates for the underground and surface Local Improvements and registration of a Plan of Subdivision for the Development Area, unless the applied for development or building permit relates to the construction of buildings or structures specified in the Engineering Drawings as approved by the Municipality, or is for a residential sales centre to be located in the Development Area provided that:
(a) water service is operational (for fire protection) and all-weather roads are constructed (for emergency access) prior to issuance of any development or building permits; and
(b) all Essential Services have been installed and rendered operative in any part of the Development Area before any buildings or structures are occupied, except as otherwise permitted in writing by the Municipality. Notwithstanding the foregoing, this shall in no way oblige the Municipality to issue permits or approve occupancy earlier than provided in the regulations and bylaws of the Municipality nor is the Municipality obliged to approve the aforementioned applied for development or building permits. The caveat pursuant to Section 2.5 of this Agreement, or may be exercised in the event that the Developer has not obtained the cancellation 26.6 shall remain against any portion of the registration of Development Area where a permit is issued for a residential sales centre until the Plan of Subdivision within THREE (3) months of the Town providing written notice to the Developer pursuant to Section 2.5 of this Agreement.
2.8 The Town in its discretion may extend the time limits specified in Section 2.7, but the Town and the Developer agree that no act residential sales centre is removed or omission on the part of the Town, intentional or unintentional, shall constitute a waiver of the Town's right to exercise the power of attorney conferred upon the Town approved by the Developer pursuant to Sections 2.6 Municipality for a change of use in accordance with any and 2.7 all required approvals and permits for such removal or change of this Agreementuse.
Appears in 1 contract
Samples: Development Agreement
PLAN OF SUBDIVISION. 2.1 Prior to construction or installation of any of the Municipal Improvements, the Developer shall cause a Plan of Subdivision of the said Lands to be prepared and approved by all necessary approving authorities.
2.1 2.2 The Developer covenants and agrees that it shall register in the Land Titles Office for the South Alberta Land Registration District a Plan of Subdivision for the Development Area within TWENTY-FOUR Twelve (2412) months of the date of this Agreement. Pursuant to Section 657(6) of the Municipal Government Act, the Developer may apply to the Municipal Council, or its delegate, for one extension of the subdivision approval, and further, in which case if an extension is granted the Developer agrees:
(a) that shall register in the event that the Land Titles Office a Plan of Subdivision for the Development Area is not registered within the said TWENTY-FOUR (24) monthsextension period of the subdivision approval.
2.3 In the event that the Developer does not register the Plan of Subdivision within the time period set out in Section 2.2 of this Agreement, then the Town Municipality shall be entitled to terminate this Agreement;
(b) that the termination of this Agreement in whole or in part as provided in Clause (a) shall be effective upon the Town serving written notice of termination on the Developer;
(c) that in the event that this Agreement is terminated in whole or in part as provided in Clause (a), then and the Developer shall not be entitled to register any plans Plan of subdivision Subdivision for any portion of the Development Area unless and until a further written agreement Agreement is entered into between the Developer and the TownMunicipality.
(d) that in the event that the Town terminates this Agreement in whole or in part pursuant to the provisions of this Paragraph, it is understood and agreed that any financial obligations of the Developer to the Town shall survive and the Town shall be entitled to enforce such financial obligations as if this Agreement remained in full force and effect.
2.2 2.4 The Developer covenants and agrees that it shall comply fully with all conditions of any subdivision approval which may be imposed by the subdivision approving authority (or if the subdivision authority's decision is appealed, the final decision upon appeal).
2.3 2.5 No Plan of Subdivision shall either be endorsed by the Town nor shall be Municipality, or its delegate, or permitted to be registered registered, nor shall the Developer commence any work within or adjacent to the Development Area, unless and until the Town, Municipality in its sole discretiondiscretion has:
(a) has rezoned the Development Area to permit a district that the land uses being proposed by the DeveloperMunicipality deems appropriate;
(b) has passed any amendments deemed appropriate by to the Town Municipality's Land Use Bylaw relating to any bylaw or statutory plan, including any the regulations applicable Area Structure Plan, affecting to the development within the Development AreaArea that the Municipality deems appropriate;
(c) is satisfied passed any new statutory plans or amendments to any existing statutory plans that all conditions of the Subdivision approval have been or will be satisfied in accordance with Section 657 of the Municipal Government Act, R.S.A. 2000, Chapter M-26, as amended from time to timeMunicipality deems appropriate;
(d) has received payment for all applicable feesnecessary approvals from all other orders of government respecting the proposed subdivision or development, chargesthe Municipal Improvements, levies and other charges imposed in relation to or the Subdivision or otherwise required to be paid under the terms of this AgreementPlans;
(e) has received copies approved of all required approvals from jurisdictions having authority respecting the Development Area;
(f) has received all necessary security as required under the terms of this Agreement; and
(g) has approved all Plans respecting the construction and installation of all Municipal Improvements.;
2.4 Providing (f) received confirmation of, or otherwise confirmed, the satisfaction of all conditions contained within the applicable subdivision approval or development permit;
(g) confirmed that registered ownership of the lands comprising the Development Area is satisfactory to the Municipality, including, without restriction, confirmation that the Developer registered owner is not in default of any of the provisions Developer; and
(h) received all items required to be delivered to the Municipality pursuant to the terms of this Agreement or any condition of including, without restriction, those items outlined within the subdivision approval, the Town shall, at the request of the Developer, deliver and development process and checklist contained within Schedule "H" attached to the Provincial Department of Environment any confirmations or undertakings reasonably required (and in respect to which the Town can attest) in order for the Developer to obtain any necessary permits and licenses from the said Department of Environmentthis Agreement.
2.5 2.6 In the event that the a Plan of Subdivision for the Development Area has been registered by the Developer, and the Developer fails to proceed with the construction and installation of the Municipal Improvements for the Development Area within the time limits herein specified, the Developer shall, upon receiving written notice from the Town Municipality to do so, immediately proceed to take all steps necessary to cancel the registration of the said Plan of Subdivision, and further, the Developer, in all events, shall have obtained the cancellation of the registration of the said Plan of Subdivision within THREE Three (3) months of the Town Municipality providing written notice to the Developer as herein provided.
2.6 2.7 The Developer covenants and agrees that in the event that a Plan of Subdivision for the Development Area is not registered within the time limits prescribed herein, or in the event that a Plan of Subdivision for the Development Area is cancelled as contemplated in this Section, or in the event that the Developer does not commence the development of the Development Area within the time limits prescribed herein, THEN the Municipality shall be at liberty, in the Municipality's sole discretion, to re-district the lands within the Development Area back to the land use district in place prior to the Development Area being districted for development purposes.
2.8 Notwithstanding anything to the contrary contained in this Agreement, the Developer hereby irrevocably appoints the Town Municipality as its attorney in fact and in law for the purposes of making all necessary or desirable (in the TownMunicipality's discretion or opinion) applications, executing all necessary or advisable (in the TownMunicipality's discretion or opinion) documents, and taking all further necessary or advisable (in the TownMunicipality's discretion or opinion) steps or actions in order to obtain the cancellation of the registration of the said Plan of Subdivision in accordance with the preceding Section of this Agreement.
2.7 2.9 The power of attorney conferred upon the Town Municipality by the Developer in Section 2.6 of this Agreement may be exercised by the Town Municipality in the event that the Developer has not applied for the cancellation of the registration of the Plan of Subdivision within ONE One (1) month of the Town Municipality providing written notice to the Developer pursuant to Section 2.5 2.6 of this Agreement, or may be exercised in the event that the Developer has not obtained the cancellation of the registration of the Plan of Subdivision within THREE Three (3) months of the Town Municipality providing written notice to the Developer pursuant to Section 2.5 of this Agreement.
2.8 2.10 The Town Municipality in its discretion may extend the time limits specified in Section 2.72.9, but the Town Municipality and the Developer agree that no act or omission on the part of the TownMunicipality, intentional or unintentional, shall constitute a waiver of the TownMunicipality's right to exercise the power of attorney conferred upon the Town Municipality by the Developer pursuant to Sections 2.6 2.7 and 2.7 2.8 of this Agreement.
Appears in 1 contract
Samples: Development Agreement
PLAN OF SUBDIVISION. 2.1. The City agrees that, subject to the other requirements of this Agreement, the Developer may proceed with the development of the Development Area prior to registering a Plan of Subdivision for the Development Area.
2.1 2.2. Except where a Plan of Subdivision is not contemplated as part of the development of the Development Area:
a) If the Developer has not obtained subdivision approval for the Development Area by the time of the execution of this Agreement, the Developer shall at its sole cost and expense cause a Plan of Subdivision for the Development Area to be prepared and approved by all necessary approving authorities and in accordance with the law in that respect, and provided that it is a strict requirement of this Agreement, that any Plan of Subdivision must first have received approval in writing of the City;
b) The Developer covenants and agrees that it shall register in the Land Titles Office for the South North Alberta Land Registration District a Plan of Subdivision for the Development Area within TWENTY-FOUR TWELVE (2412) months of the date of the subdivision approval, and further, this Agreement (unless otherwise agreed to in writing);
c) If the Developer agrees:
(a) that in the event that the does not register a Plan of Subdivision for the Development Area is not registered within the said TWENTY-FOUR (24) monthstime prescribed in Paragraph b), then the Town City shall be entitled to terminate this Agreement;
(bd) that the The termination of this Agreement in whole or in part as provided in Clause (aParagraph c) shall be effective upon the Town City serving written notice of termination on the Developer;; and
(ce) that in If the event that this Agreement is terminated in whole or in part as provided in Clause (a), then the Developer shall not be entitled to register any plans of subdivision for any portion of the Development Area unless and until a further written agreement is entered into between the Developer and the Town.
(d) that in the event that the Town City terminates this Agreement in whole or in part pursuant to the provisions of this ParagraphParagraph 2.2, it is understood and agreed that any financial obligations of the Developer to the Town City shall survive and the Town City shall be entitled to enforce such financial obligations as if this Agreement remained in full force and effect.
2.2 2.3. The Developer covenants and agrees that it shall comply fully with all conditions of any subdivision approval which may be imposed by the subdivision approving authorityCity’s Subdivision Authority or the City’s Subdivision and Development Appeal Board if the decision of the Subdivision Authority is appealed.
2.3 2.4. No Plan of Subdivision shall either be endorsed by the Town nor shall be City or permitted to be registered registered, nor shall the Developer commence any work within or adjacent to the Development Area, unless and until the Town, City in its sole discretiondiscretion has:
(a) has rezoned the Development Area to permit a district that the land uses being proposed by the DeveloperCity deems appropriate;
(b) has passed amendments to the City’s Land Use Bylaw relating to the regulations applicable to the development within the Development Area that the City deems appropriate;
c) passed any new statutory plans or amendments deemed appropriate by the Town to any bylaw or existing statutory plan, including any applicable Area Structure Plan, affecting plans that the Development AreaCity deems appropriate;
(c) is satisfied that all conditions of the Subdivision approval have been or will be satisfied in accordance with Section 657 of the Municipal Government Act, R.S.A. 2000, Chapter M-26, as amended from time to time;
(d) has received payment for all applicable fees, charges, levies and other charges imposed in relation to the Subdivision or otherwise required to be paid under the terms of this Agreement;
(e) has received copies of all required approvals from jurisdictions having authority respecting the Development Area;
(f) has received all necessary security as required under approvals from all other orders of government respecting the terms proposed subdivision or development, Municipal Improvements, or the Plans;
e) approved of this Agreement; and
(g) has approved all Plans respecting the construction and installation of all Municipal Improvements.Improvements and Franchise Utilities;
2.4 Providing f) received the Neighbourhood Design Report;
g) received confirmation of, or otherwise confirmed, the satisfaction of all conditions contained within the applicable subdivision approval or development permit;
h) confirmed that registered ownership of the lands comprising the Development Area is satisfactory to the City, including, without restriction, confirmation that the Developer registered owner is not in default of any of the provisions Developer; and
i) received all items required to be delivered to the City pursuant to the terms of this Agreement or any condition of including, without restriction, those items outlined within the subdivision approval, the Town shall, at the request of the Developer, deliver and development process and checklist contained within Schedule K attached to the Provincial Department of Environment any confirmations or undertakings reasonably required (and in respect to which the Town can attest) in order for the Developer to obtain any necessary permits and licenses from the said Department of Environmentthis Agreement.
2.5 2.5. In the event that the Plan of Subdivision for the Development Area has been registered by the Developer, and the Developer fails to proceed with the construction and installation of the Municipal Improvements for the Development Area within the time limits herein specified, the Developer shall, upon receiving written notice from the Town City to do so, immediately proceed to take all steps necessary to cancel the registration of said the Plan of Subdivision, Subdivision and further, the Developer, in all events, shall have obtained the cancellation of the registration of the said Plan of Subdivision within THREE (3) months of the Town City providing written notice to the Developer as herein provided.
2.6 2.6. The Developer covenants and agrees that in the event that the Plan of Subdivision for the Development Area is not registered within the time limits prescribed herein, or in the event that the Plan of Subdivision for the Development Area is cancelled as contemplated in this Article, or in the event that the Developer does not Commence Construction within the Development Area within the time limits prescribed herein, then the City shall be at liberty, in the City’s sole discretion, to re-district the lands within the Development Area back to the land use district in place prior to the Development Area being districted for development purposes.
2.7. Notwithstanding anything to the contrary contained in this Agreement, the Developer hereby irrevocably appoints the Town City as its attorney in fact and in law for the purposes of making all necessary or desirable (in the Town's City’s discretion or opinion) applications, executing all necessary or advisable (in the Town's discretion or opinion) desirable documents, and taking all further necessary or advisable (in the Town's discretion or opinion) desirable steps or actions in order to obtain the cancellation of the registration of the said Plan of Subdivision in accordance with the preceding Section Article of this Agreement.
2.7 2.8. The power of attorney conferred upon the Town City by the Developer in Section 2.6 of this Agreement Paragraph 2.7 may be exercised by the Town in City:
a) In the event that the Developer has not applied for the cancellation of the registration of the Plan of Subdivision within ONE one (1) month of the Town City providing written notice to the Developer pursuant to Section 2.5 of this Agreement, or may be exercised in Paragraph 2.5; or
b) In the event that the Developer has not obtained the cancellation of the registration of the Plan of Subdivision within THREE three (3) months of the Town City providing written notice to the Developer pursuant to Section 2.5 of this AgreementParagraph 2.5.
2.8 2.9. The Town City in its discretion may extend the time limits specified in Section 2.7Paragraph 2.8, but the Town City and the Developer agree that no act or omission on the part of the TownCity, intentional or unintentional, shall constitute a waiver of the Town's City’s right to exercise the power of attorney conferred upon the Town City by the Developer pursuant to Sections 2.6 Paragraphs 2.7 and 2.7 2.8 of this Agreement.Agreement.
Appears in 1 contract
Samples: Development Agreement
PLAN OF SUBDIVISION.
2.1 The City agrees that, subject to the other requirements of this Agreement, the Developer may proceed with the development of the Development Area prior to registering a Plan of Subdivision for the Development Area.
2.2 Except where a Plan of Subdivision is not contemplated as part of the development of the Development Area:
(a) if the Developer has not obtained subdivision approval for the Development Area by the time of the execution of this Agreement, the Developer shall at its sole cost and expense cause a Plan of Subdivision for the Development Area to be prepared and approved by all necessary approving authorities and in accordance with the law in that respect, and provided that it is a strict requirement of this Agreement, that any Plan of Subdivision must first have received approval in writing of the City; DRAFT
(b) the Developer covenants and agrees that it shall register in the Land Titles Office for the South North Alberta Land Registration District a Plan of Subdivision for the Development Area within TWENTY-FOUR TWELVE (2412) months of the date of the subdivision approval, and further, this Agreement (unless otherwise agreed to in writing);
(c) if the Developer agrees:
(a) that in the event that the does not register a Plan of Subdivision for the Development Area is not registered within the said TWENTY-FOUR time prescribed in Paragraph (24) monthsb), then the Town City shall be entitled to terminate this Agreement;
(bd) that the termination of this Agreement in whole or in part as provided in Clause Paragraph (ac) shall be effective upon the Town City serving written notice of termination on the Developer;; and
(ce) that in if the event that this Agreement is terminated in whole or in part as provided in Clause (a), then the Developer shall not be entitled to register any plans of subdivision for any portion of the Development Area unless and until a further written agreement is entered into between the Developer and the Town.
(d) that in the event that the Town City terminates this Agreement in whole or in part pursuant to the provisions of this Paragraphsection, it is understood and agreed that any financial obligations of the Developer to the Town City shall survive and the Town City shall be entitled to enforce such financial obligations as if this Agreement remained in full force and effect. Financial burdens directly or indirectly caused from the development upon the Developer or the City shall be borne entirely by the Developer upon termination of this Agreement.
2.2 2.3 The Developer covenants and agrees that it shall comply fully with all conditions of any subdivision approval which may be imposed by the subdivision approving authorityCity’s Subdivision Authority or the City’s Subdivision and Development Appeal Board if the decision of the Subdivision Authority is appealed.
2.3 2.4 No Plan of Subdivision shall either be endorsed by the Town nor shall be City or permitted to be registered registered, nor shall the Developer commence any work within or adjacent to the Development Area, unless and until the Town, City in its sole discretiondiscretion has:
(a) has rezoned the Development Area to permit a district that the land uses being proposed by the DeveloperCity deems appropriate;
(b) has passed amendments to the City’s Land Use Bylaw relating to the regulations applicable to the development within the Development Area that the City deems appropriate;
c) passed any new statutory plans or amendments deemed appropriate by the Town to any bylaw or existing statutory plan, including any applicable Area Structure Plan, affecting plans that the Development AreaCity deems appropriate;
(c) is satisfied that all conditions of the Subdivision approval have been or will be satisfied in accordance with Section 657 of the Municipal Government Act, R.S.A. 2000, Chapter M-26, as amended from time to time;
(d) has received payment for all applicable fees, charges, levies and other charges imposed in relation to the Subdivision or otherwise required to be paid under the terms of this Agreement;
(e) has received copies of all required approvals from jurisdictions having authority respecting the Development Area;
(f) has received all necessary security as required under approvals from all other orders of government respecting the terms proposed subdivision or development, Municipal Improvements, or the Plans;
e) approved of this Agreement; and
(g) has approved all Plans respecting the construction and installation of all Municipal Improvements.Improvements and Franchise Utilities;
2.4 Providing f) received confirmation of, or otherwise confirmed, the satisfaction of all conditions contained within the applicable subdivision approval or development permit;
g) confirmed that registered ownership of the lands comprising the Development Area is satisfactory to the City, including, without restriction, confirmation that the Developer registered owner is not in default of any of the provisions Developer; and
h) received all items required to be delivered to the City pursuant to the terms of this Agreement or any condition of subdivision approval, the Town shall, at the request of the Developer, deliver Agreement; and DRAFT
i) issued a Notice to the Provincial Department of Environment any confirmations or undertakings reasonably required (and in respect to which the Town can attest) in order for the Developer to obtain any necessary permits and licenses from the said Department of EnvironmentProceed.
2.5 In the event that the Plan of Subdivision for the Development Area has been registered by the Developer, and the Developer fails to proceed with the construction and installation of the Municipal Improvements for the Development Area within the time limits herein specified, the Developer shall, upon receiving written notice from the Town City to do so, immediately proceed to take all steps necessary to cancel the registration of said the Plan of Subdivision, Subdivision and further, the Developer, in all events, shall have obtained the cancellation of the registration of the said Plan of Subdivision within THREE (3) months of the Town City providing written notice to the Developer as herein provided.
2.6 The Developer covenants and agrees that in the event that the Plan of Subdivision for the Development Area is not registered within the time limits prescribed herein, or in the event that the Plan of Subdivision for the Development Area is cancelled as contemplated in this Article, or in the event that the Developer does not Commence Construction within the Development Area within the time limits prescribed herein, then the City shall be at liberty, in the City’s sole discretion, to re-district the lands within the Development Area back to the land use district in place prior to the Development Area being districted for development purposes.
2.7 Notwithstanding anything to the contrary contained in this Agreement, the Developer hereby irrevocably appoints the Town City as its attorney in fact and in law for the purposes of making all necessary or desirable (in the Town's City’s discretion or opinion) applications, executing all necessary or advisable (in the Town's discretion or opinion) desirable documents, and taking all further necessary or advisable (in the Town's discretion or opinion) desirable steps or actions in order to obtain the cancellation of the registration of the said Plan of Subdivision in accordance with the preceding Section Article of this Agreement.
2.7 2.8 The power of attorney conferred upon the Town City by the Developer in Section 2.6 of this Agreement Paragraph 2.7 may be exercised by the Town City.
a) in the event that the Developer has not applied for the cancellation of the registration of the Plan of Subdivision within ONE (1) month of the Town City providing written notice to the Developer pursuant to Section Paragraph 2.5 of this Agreement, or may be exercised or;
b) in the event that the Developer has not obtained the cancellation of the registration of the Plan of Subdivision within THREE (3) months of the Town City providing written notice to the Developer pursuant to Section 2.5 of this AgreementParagraph 2.5.
2.8 2.9 The Town City in its discretion may extend the time limits specified in Section 2.7Paragraph 2.8, but the Town City and the Developer agree that no act or omission on the part of the TownCity, intentional or unintentional, shall constitute a waiver of the Town's City’s right to exercise the power of attorney conferred upon the Town City by the Developer pursuant to Sections 2.6 Paragraphs 2.7 and 2.7 2.8 of this Agreement.
Appears in 1 contract
Samples: Memorandum of Agreement
PLAN OF SUBDIVISION.
2.1 The Municipality agrees that, subject to the other requirements of this Agreement, the Developer may proceed with the development of the Development Area prior to registering a Plan of Subdivision for the Development Area.
2.2 Except where a Plan of Subdivision is not contemplated as part of the development of the Development Area:
(a) if the Developer has not obtained subdivision approval for the Development Area by the time of the execution of this Agreement, the Developer shall at its sole cost and expense cause a Plan of Subdivision for the Development Area to be prepared and approved by all necessary approving authorities and in accordance with the law in that respect, and provided that it is a strict requirement of this Agreement, that any Plan of Subdivision must first have received approval in writing of the Municipality;
(b) the Developer covenants and agrees that it shall register in the Land Titles Office for the South North Alberta Land Registration District a Plan of Subdivision for the Development Area within TWENTY-FOUR Twelve (2412) months of the date of the subdivision approval, and further, this Agreement (unless otherwise agreed to in writing);
(c) if the Developer agrees:
(a) that in the event that the does not register a Plan of Subdivision for the Development Area is not registered within the said TWENTY-FOUR time prescribed in Section (24) monthsb), then the Town Municipality shall be entitled to terminate this Agreement;
(bd) that the termination of this Agreement in whole or in part as provided in Clause Section (ac) shall be effective upon the Town Municipality serving written notice of termination on the Developer;; and
(ce) that in if the event that this Agreement is terminated in whole or in part as provided in Clause (a), then the Developer shall not be entitled to register any plans of subdivision for any portion of the Development Area unless and until a further written agreement is entered into between the Developer and the Town.
(d) that in the event that the Town Municipality terminates this Agreement in whole or in part pursuant to the provisions of this ParagraphSection, it is understood and agreed that any financial obligations of the Developer to the Town Municipality shall survive and the Town Municipality shall be entitled to enforce such financial obligations as if this Agreement remained in full force and effect.
2.2 2.3 The Developer covenants and agrees that it shall comply fully with all conditions of any subdivision approval which may be imposed by the subdivision approving authority (or if the subdivision authority's decision is appealed, the final decision upon appeal).
2.3 2.4 No Plan of Subdivision shall either be endorsed by the Town nor shall be Municipality or permitted to be registered registered, nor shall the Developer commence any work within or adjacent to the Development Area, unless and until the Town, Municipality in its sole discretiondiscretion has:
(a) has rezoned redistrict the Development Area to permit a district that the land uses being proposed by the DeveloperMunicipality deems appropriate;
(b) has passed any amendments deemed appropriate by to the Town Municipality's Land Use Bylaw relating to any bylaw or statutory plan, including any the regulations applicable Area Structure Plan, affecting to the development within the Development AreaArea that the Municipality deems appropriate;
(c) is satisfied passed any new statutory plans or amendments to any existing statutory plans that all conditions of the Subdivision approval have been or will be satisfied in accordance with Section 657 of the Municipal Government Act, R.S.A. 2000, Chapter M-26, as amended from time to timeMunicipality deems appropriate;
(d) has received payment for all applicable feesnecessary approvals from all other orders of government respecting the proposed subdivision or development, chargesthe Municipal Improvements, levies and other charges imposed in relation to or the Subdivision or otherwise required to be paid under the terms of this AgreementPlans;
(e) has received copies approved of all required approvals from jurisdictions having authority respecting the Development Area;
(f) has received all necessary security as required under the terms of this Agreement; and
(g) has approved all Plans respecting the construction and installation of all Municipal Improvements.;
2.4 Providing (f) received confirmation of, or otherwise confirmed, the satisfaction of all conditions contained within the applicable subdivision approval or development permit;
(g) confirmed that registered ownership of the lands comprising the Development Area is satisfactory to the Municipality, including, without restriction, confirmation that the Developer registered owner is not in default of any of the provisions Developer; and
(h) received all items required to be delivered to the Municipality pursuant to the terms of this Agreement or any condition of including, without restriction, those items outlined within the subdivision approval, the Town shall, at the request of the Developer, deliver and development process and checklist contained within Schedule “H” attached to the Provincial Department of Environment any confirmations or undertakings reasonably required (and in respect to which the Town can attest) in order for the Developer to obtain any necessary permits and licenses from the said Department of Environmentthis Agreement.
2.5 In The Developer covenants and agrees that in the event that the a Plan of Subdivision for the Development Area has been is not registered by the Developer, and the Developer fails to proceed with the construction and installation of the Municipal Improvements within the time limits herein specifiedprescribed herein, the Developer shall, upon receiving written notice from the Town to do so, immediately proceed to take all steps necessary to cancel the registration of said Plan of Subdivision, and further, the Developer, in all events, shall have obtained the cancellation of the registration of the said Plan of Subdivision within THREE (3) months of the Town providing written notice to the Developer as herein provided.
2.6 Notwithstanding anything to the contrary contained in this Agreement, the Developer hereby irrevocably appoints the Town as its attorney in fact and in law for the purposes of making all necessary or desirable (in the Town's discretion or opinion) applications, executing all necessary or advisable (in the Town's discretion or opinion) documents, and taking all further necessary or advisable (in the Town's discretion or opinion) steps or actions in order to obtain the cancellation of the registration of the said Plan of Subdivision in accordance with the preceding Section of this Agreement.
2.7 The power of attorney conferred upon the Town by the Developer in Section 2.6 of this Agreement may be exercised by the Town in the event that the Developer has does not applied for commence the cancellation development of the registration of the Plan of Subdivision Development Area within ONE (1) month of the Town providing written notice to the Developer pursuant to Section 2.5 of this Agreement, or may be exercised in the event that the Developer has not obtained the cancellation of the registration of the Plan of Subdivision within THREE (3) months of the Town providing written notice to the Developer pursuant to Section 2.5 of this Agreement.
2.8 The Town in its discretion may extend the time limits specified prescribed herein, THEN the Municipality shall be at liberty, in Section 2.7the Municipality's sole discretion, but to re- district the Town and lands within the Developer agree that no act or omission on Development Area back to the part of land use district in place prior to the Town, intentional or unintentional, shall constitute a waiver of the Town's right to exercise the power of attorney conferred upon the Town by the Developer pursuant to Sections 2.6 and 2.7 of this AgreementDevelopment Area being districted for development purposes.
Appears in 1 contract
Samples: Single Stage Development Agreement
PLAN OF SUBDIVISION. 9.1 This contract and the sale hereby evidenced are conditional upon and subject to the said Plan (subject to alteration as hereinafter mentioned) being duly certified (if not already done so) by the City of Greater Geelong pursuant to the provisions of the Act and registered by the Registrar of Titles within twenty four (24) months from the date hereof, provided that the vendor reserves the right to make such minor alterations to the said Plan as may be demanded by the said Municipality or the said Registrar as pre-requisites to the certification and approval of the said plan. The Purchaser acknowledges that the vendor may be required to enter into a Section 173 agreement with City of Greater Geelong to procure registration of the Plan and shall not object to same.
2.1 9.2 The Developer covenants vendor will use its best endeavours to cause the said plan to be certified as soon as practicable and agrees that it shall register in will, as soon as practicable thereafter, apply to the Registrar of Titles for registration of the said Plan. Once lodged, the vendor will not withdraw the said plan from the Land Titles Office for without the South Alberta Land Registration District a Plan purchaser’s prior written consent and will with all reasonable diligence satisfy all requisitions made by the Registrar and will do all other things within his power to procure registration of Subdivision for the Development Area said plan as soon as practicable.
9.3 In the event that the said plan shall not be certified and registered as aforesaid within TWENTY-FOUR twenty four (24) months of from the date hereof, either party may at any time after the expiration of such period, but before the subdivision approvalsaid plan is so registered, terminate this contract and further, the Developer agrees:sale hereby evidenced by giving to the other party written notice of termination pursuant to this Special Condition.
(a) that In the event of one party so electing to terminate this Contract of Sale, pursuant to this Special Condition, all moneys paid by the purchaser on account of the purchase price shall be refunded to him in full. Neither party shall be entitled to any compensation from the other party in respect of costs, fees or other expenses paid to or incurred in relation to or arising out of this transaction.
(b) If the deposit has been invested, any interest earned as a result will be divided evenly between the parties.
9.4 The purchaser shall accept as identical with the said land as hereinbefore described the Lot on the said Plan when registered the respective number mentioned in the event that foregoing particulars or, if the lot on the said plan shall at any time prior to registration be renumbered, shall accept as identical with the said land the lot on the said Plan as registered which shall occupy the same or approximately the same position on the Plan of Subdivision for as indicated in the Development Area is copy Plan annexed hereto as being occupied by the lot hereby designated. The purchaser shall not registered within the said TWENTY-FOUR (24) months, then the Town shall be entitled to terminate this Agreementmake any requisitions object or claim for compensation in respect of any of the following:-
(a) Any minor variations between the lot hereby sold as inspected by the purchaser and the corresponding lot as shall be shown on the said plan at approval;
(b) that Any minor variations between the termination number, size or location of this Agreement in whole or in part lots as provided in Clause (a) presently appearing on the said plan and as shall appear on the said plan when registered.
9.5 The vendor shall after registration of the said plan notify the purchaser of such registration and the residue of purchase moneys shall be effective upon payable within twenty one (21) days of notification to the Town serving written notice purchaser or the purchaser’s solicitors or conveyancer of termination on such registration by the Developer;
(c) that in the event that this Agreement is terminated in whole or in part as provided in Clause (a), then the Developer shall not be entitled to register any plans Registrar of subdivision for any portion Titles of the Development Area unless and until a further written agreement is entered into between the Developer and the Town.
(d) that in the event that the Town terminates this Agreement in whole or in part pursuant to the provisions of this Paragraph, it is understood and agreed that any financial obligations of the Developer to the Town shall survive and the Town shall be entitled to enforce such financial obligations as if this Agreement remained in full force and effect.
2.2 The Developer covenants and agrees that it shall comply fully with all conditions of any subdivision approval which may be imposed by the subdivision approving authority.
2.3 No Plan of Subdivision (or if the above settlement clause provides otherwise then in accordance with that settlement clause).
9.6 The deposit moneys payable by the purchaser hereunder shall be endorsed by paid to the Town nor shall be permitted Licensed Estate Agent as agent of the Vendor or the Vendors Solicitor or Conveyancer hereinbefore specified to be registered unless and until held by them on trust for the Town, in its sole discretion:purchaser until:-
(a) the said plan has rezoned been registered at the Development Area to permit the land uses being proposed by the Developer;Office of Titles as aforesaid; and
(b) A Statement of Compliance has passed any amendments deemed appropriate by the Town to any bylaw or statutory plan, including any applicable Area Structure Plan, affecting the Development Area;
(c) is satisfied that all conditions been issued in respect of the Subdivision approval have been or will plan Thereafter the deposit shall be satisfied held in accordance with Section 657 Division 3 of the Municipal Government Act, R.S.A. 2000, Chapter M-26, Sale of Land Act 1962 (as amended from time to time;
(d) has received payment for all applicable fees, charges, levies and other charges imposed in relation to the Subdivision or otherwise required to be paid under the terms of this Agreement;
(e) has received copies of all required approvals from jurisdictions having authority respecting the Development Area;
(f) has received all necessary security as required under the terms of this Agreement; and
(g) has approved all Plans respecting the construction and installation of all Municipal Improvementsamended).
2.4 Providing that the Developer is not in default of any of the provisions of this Agreement or any condition of subdivision approval, the Town shall, at the request of the Developer, deliver to the Provincial Department of Environment any confirmations or undertakings reasonably required (and in respect to which the Town can attest) in order for the Developer to obtain any necessary permits and licenses from the said Department of Environment.
2.5 In the event that the Plan of Subdivision for the Development Area has been registered by the Developer, and the Developer fails to proceed with the construction and installation of the Municipal Improvements within the 9.7 Until such time limits herein specified, the Developer shall, upon receiving written notice from the Town to do so, immediately proceed to take all steps necessary to cancel the registration of said Plan of Subdivision, and further, the Developer, in all events, shall have obtained the cancellation of the registration of as the said Plan of Subdivision within THREE (3) months has been so registered by the Registrar of Titles the purchaser shall not lodge or cause or permit to be lodged on the Purchaser’s behalf any caveat in respect of the Town providing written notice to purchaser’s interest in the Developer land under this contract and the purchaser shall indemnify and keep indemnified the vendor against any loss or damage which the vendor may incur or suffer as herein provideda consequence of any breach by the purchaser of this provision.
2.6 Notwithstanding anything 9.8 All rates, taxes, levies, insurance premiums and assessments (including State Land Tax calculated on a multiple holding basis) in respect of the lot hereby sold payable by the vendor shall be borne and paid by the purchaser as from the date on which he becomes entitled to possession and the contrary contained same shall, if necessary, be apportioned between the vendor and the purchaser and the rent (if any) shall be apportioned on the same day and the balance paid or received as the case may require. The vendor hereby undertakes to pay any outgoings when they are due and payable and the purchaser shall not make any deduction at settlement on account of same. The Purchaser acknowledges that where any adjustment is to be made in this Agreementrelation to Land Tax assessed for the property, the Developer hereby irrevocably appoints adjustment must be made on a multiple holding basis
9.9 If, as a result of the Town Purchasers failure to settle this Contract as its attorney required before 31 December in fact any one year, settlement takes place the following year and in law Land Tax is assessed for that following year against the Vendor, the Purchaser shall be responsible for the purposes total amount of making all necessary or desirable (in Land Tax assessed against the Town's discretion or opinion) applications, executing all necessary or advisable (in the Town's discretion or opinion) documents, and taking all further necessary or advisable (in the Town's discretion or opinion) steps or actions in order to obtain the cancellation property regardless of the registration of the said Plan of Subdivision in accordance with the preceding Section of this AgreementVendors other land holdings.
2.7 The power of attorney conferred upon the Town by the Developer in Section 2.6 of this Agreement may be exercised by the Town in the event that the Developer has not applied for the cancellation of the registration of the Plan of Subdivision within ONE (1) month of the Town providing written notice to the Developer pursuant to Section 2.5 of this Agreement, or may be exercised in the event that the Developer has not obtained the cancellation of the registration of the Plan of Subdivision within THREE (3) months of the Town providing written notice to the Developer pursuant to Section 2.5 of this Agreement.
2.8 The Town in its discretion may extend the time limits specified in Section 2.7, but the Town and the Developer agree that no act or omission on the part of the Town, intentional or unintentional, shall constitute a waiver of the Town's right to exercise the power of attorney conferred upon the Town by the Developer pursuant to Sections 2.6 and 2.7 of this Agreement.
Appears in 1 contract
Samples: Contract of Sale of Real Estate
PLAN OF SUBDIVISION. 2.1 The Developer at its sole cost and expense shall cause a Plan or Plans of Subdivision for the Development Area to be prepared and approved by all necessary approving authorities and in accordance with the law in that respect; PROVIDED, and it is a strict requirement of this Agreement, that any Plan of Subdivision must first have received acceptance in writing of the County.
2.1 2.2 The Developer covenants and agrees that it shall register in the Land Titles Office for the South Alberta Land Registration District a Plan of Subdivision for the Development Area first Stage within TWENTY-FOUR TWELVE (2412) months of the date of this Agreement, and shall register in the subdivision approvalLand Titles Office all Plans of Subdivision for all subsequent Stages of the Development Area within ( ) of the date of this Agreement, and further, the Developer agrees:
(a) that in the event that the Plan of Subdivision subdivision plan for the Development Area first stage is not registered within the said TWENTY-FOUR TWELVE (2412) months, then the Town County shall be entitled to terminate this AgreementAgreement for all purposes;
(b) that in the event that the Plans of Subdivision for all Stages are not registered within the said ( ) months, then the County shall be entitled to terminate this Agreement for purposes of all Stages in respect to which Plans of Subdivision have not been registered;
(c) that the termination of this Agreement in whole or in part as provided in Clause Clauses (a) and (b) shall be effective upon the Town County serving written notice of termination on the Developer;
(cd) that in the event that this Agreement is terminated in whole or in part as provided in Clause Clauses (a) and (b), then the Developer shall not be entitled to register any plans further Plans of subdivision Subdivision for any portion of the Development Area unless and until a further written agreement is entered into between the Developer and the Town.County; and
(de) that in if the event that the Town County terminates this Agreement in whole or in part pursuant to the provisions of this ParagraphClauses (a) or (b), it is understood and agreed that any financial obligations of the Developer to the Town County shall survive and the Town County shall be entitled to enforce such financial obligations as if this the Agreement remained in full force and effect.
2.2 2.3 The Developer covenants and agrees that it shall comply fully with all conditions of any subdivision approval which may be imposed by the subdivision approving authorityauthority or the Subdivision and Development Appeal Board, as the case may be.
2.3 2.4 No Plan of Subdivision shall be endorsed by the Town registered, nor shall be permitted the Developer commence any work within or adjacent to be registered unless the Development Area, unless, and until until, the TownCounty, in its sole discretion:
(a) , has rezoned the Development Area to permit the land uses being proposed by the Developer;
(b) Developer and has passed any amendments deemed appropriate by the Town County, in the County's discretion, to any bylaw or statutory plan, including any applicable the Area Structure Plan, affecting Plan which applies to the Development Area;.
(c) is satisfied 2.5 The Developer covenants and agrees that all conditions in the event that any Plan of Subdivision for a particular Stage of the Development Area is not registered within the time limits prescribed herein, or in the event that any Plan of Subdivision approval have been or will be satisfied in accordance with Section 657 for a particular Stage of the Municipal Government ActDevelopment Area is cancelled as contemplated in this Section, R.S.A. 2000or in the event that the Developer does not commence the development of any Stage of the Development Area within the time limits prescribed herein, Chapter M-26THEN the County shall be at liberty, as amended from time in the County's sole discretion, to time;
(d) has received payment for re-district the lands within the particular Stage and all applicable fees, charges, levies and other charges imposed in relation subsequent Stages back to the Subdivision or otherwise required land use district in place prior to be paid under the terms execution of this Agreement;
(e) has received copies of all required approvals from jurisdictions having authority respecting the Development Area;
(f) has received all necessary security as required under the terms of this Agreement; and
(g) has approved all Plans respecting the construction and installation of all Municipal Improvements.
2.4 2.6 Providing that the Developer is not in default of any of the provisions of this Agreement or any condition of subdivision approvalacceptance, the Town County shall, at the request of the Developer, deliver to the Provincial Department of Environment appropriate government agencies any confirmations or undertakings reasonably required (and in respect to which the Town County can attest) in order for the Developer to obtain any necessary permits and licenses from the said Department of Environmentappropriate government agencies as may be required for this Agreement.
2.5 2.7 In the event that the a Plan of Subdivision for a Stage of the development of the Development Area has been registered by the Developer, and the Developer fails to proceed with the construction and installation of the Municipal Improvements for the particular Stage within the time limits herein specified, the Developer shall, upon receiving written notice from the Town County to do so, immediately proceed to take all steps necessary to cancel the registration of the said Plan of Subdivision, and further, the Developer, in all events, shall have obtained the cancellation of the registration of the said Plan of Subdivision within THREE (3) months of the Town County providing written notice to the Developer as herein provided.
2.6 2.8 Notwithstanding anything to the contrary contained in this Agreement, the Developer hereby irrevocably appoints the Town County as its attorney in fact and in law for the purposes of making all necessary or desirable (in the TownCounty's discretion or opinion) applications, executing all necessary or advisable (in the TownCounty's discretion or opinion) documents, and taking all further necessary or advisable (in the TownCounty's discretion or opinion) steps or actions in order to obtain the cancellation of the registration of the said Plan of Subdivision in accordance with the preceding Section paragraph 2.7 of this Agreement.
2.7 2.9 The power of attorney conferred upon the Town County by the Developer in Section 2.6 paragraph 2.8 of this Agreement may be exercised by the Town County in the event that the Developer has not applied for the cancellation of the registration of the Plan of Subdivision within ONE (1) month of the Town County providing written notice to the Developer pursuant to Section 2.5 paragraph 2.7 of this Agreement, or may be exercised in the event that the Developer has not obtained the cancellation of the registration of the Plan of Subdivision within THREE (3) months of the Town County providing written notice to the Developer pursuant to Section 2.5 paragraph 2.7 of this Agreement.
2.8 2.10 The Town County in its discretion may extend the time limits specified in Section 2.7paragraph 2.9, but the Town County and the Developer agree that no act or omission on the part of the TownCounty, intentional or unintentional, shall constitute a waiver of the TownCounty's right to exercise the power of attorney conferred upon the Town County by the Developer pursuant to Sections 2.6 paragraphs 2.8 and 2.7 2.9 of this Agreement.
Appears in 1 contract
Samples: Development Agreement
PLAN OF SUBDIVISION.
2.1 The City agrees that, subject to the other requirements of this Agreement, the Developer may proceed with the development of the Development Area prior to registering a Plan of Subdivision for the Development Area.
2.2 Except where a Plan of Subdivision is not contemplated as part of the development of the Development Area:
(a) if the Developer has not obtained subdivision approval for the Development Area by the time of the execution of this Agreement, the Developer shall at its sole cost and expense cause a Plan of Subdivision for the Development Area to be prepared and approved by all necessary approving authorities and in accordance with the law in that respect, and provided that it is a strict requirement of this Agreement, that any Plan of Subdivision must first have received approval in writing of the City;
(b) the Developer covenants and agrees that it shall register in the Land Titles Office for the South North Alberta Land Registration District a Plan of Subdivision for the Development Area within TWENTY-FOUR TWELVE (2412) months of the date of the subdivision approval, and further, this Agreement (unless otherwise agreed to in writing);
(c) if the Developer agrees:
(a) that in the event that the does not register a Plan of Subdivision for the Development Area is not registered within the said TWENTY-FOUR time prescribed in Paragraph (24) monthsb), then the Town City shall be entitled to terminate this Agreement;
(bd) that the termination of this Agreement in whole or in part as provided in Clause Paragraph (ac) shall be effective upon the Town City serving written notice of termination on the Developer;; and
(ce) that in if the event that this Agreement is terminated in whole or in part as provided in Clause (a), then the Developer shall not be entitled to register any plans of subdivision for any portion of the Development Area unless and until a further written agreement is entered into between the Developer and the Town.
(d) that in the event that the Town City terminates this Agreement in whole or in part pursuant to the provisions of this Paragraphsection, it is understood and agreed that any financial obligations of the Developer to the Town City shall survive and the Town City shall be entitled to enforce such financial obligations as if this Agreement remained in full force and effect. Financial burdens directly or indirectly caused from the development upon the Developer or the City shall be borne entirely by the Developer upon termination of this Agreement.
2.2 2.3 The Developer covenants and agrees that it shall comply fully with all conditions of any subdivision approval which may be imposed by the subdivision approving authorityCity’s Subdivision Authority or the City’s Subdivision and Development Appeal Board if the decision of the Subdivision Authority is appealed.
2.3 2.4 No Plan of Subdivision shall either be endorsed by the Town nor shall be City or permitted to be registered registered, nor shall the Developer commence any work within or adjacent to the Development Area, unless and until the Town, City in its sole discretiondiscretion has:
(a) has rezoned the Development Area to permit a district that the land uses being proposed by the DeveloperCity deems appropriate;
(b) has passed amendments to the City’s Land Use Bylaw relating to the regulations applicable to the development within the Development Area that the City deems appropriate;
c) passed any new statutory plans or amendments deemed appropriate by the Town to any bylaw or existing statutory plan, including any applicable Area Structure Plan, affecting plans that the Development AreaCity deems appropriate;
(c) is satisfied that all conditions of the Subdivision approval have been or will be satisfied in accordance with Section 657 of the Municipal Government Act, R.S.A. 2000, Chapter M-26, as amended from time to time;
(d) has received payment for all applicable fees, charges, levies and other charges imposed in relation to the Subdivision or otherwise required to be paid under the terms of this Agreement;
(e) has received copies of all required approvals from jurisdictions having authority respecting the Development Area;
(f) has received all necessary security as required under approvals from all other orders of government respecting the terms proposed subdivision or development, Municipal Improvements, or the Plans;
e) approved of this Agreement; and
(g) has approved all Plans respecting the construction and installation of all Municipal Improvements.Improvements and Franchise Utilities;
2.4 Providing f) received confirmation of, or otherwise confirmed, the satisfaction of all conditions contained within the applicable subdivision approval or development permit;
g) confirmed that the Developer is not in default of any registered ownership of the provisions of this Agreement or any condition of subdivision approval, the Town shall, at the request of the Developer, deliver to the Provincial Department of Environment any confirmations or undertakings reasonably required (and in respect to which the Town can attest) in order for the Developer to obtain any necessary permits and licenses from the said Department of Environment.
2.5 In the event that the Plan of Subdivision for lands comprising the Development Area has been is satisfactory to the City, including, without restriction, confirmation that the registered by owner is the Developer, and the Developer fails ; and
h) received all items required to proceed with the construction and installation of the Municipal Improvements within the time limits herein specified, the Developer shall, upon receiving written notice from the Town to do so, immediately proceed to take all steps necessary to cancel the registration of said Plan of Subdivision, and further, the Developer, in all events, shall have obtained the cancellation of the registration of the said Plan of Subdivision within THREE (3) months of the Town providing written notice be delivered to the Developer as herein provided.
2.6 Notwithstanding anything City pursuant to the contrary contained in this Agreement, the Developer hereby irrevocably appoints the Town as its attorney in fact and in law for the purposes of making all necessary or desirable (in the Town's discretion or opinion) applications, executing all necessary or advisable (in the Town's discretion or opinion) documents, and taking all further necessary or advisable (in the Town's discretion or opinion) steps or actions in order to obtain the cancellation of the registration of the said Plan of Subdivision in accordance with the preceding Section terms of this Agreement.
2.7 The power of attorney conferred upon the Town by the Developer in Section 2.6 of this Agreement may be exercised by the Town in the event that the Developer has not applied for the cancellation of the registration of the Plan of Subdivision within ONE (1) month of the Town providing written notice to the Developer pursuant to Section 2.5 of this Agreement, or may be exercised in the event that the Developer has not obtained the cancellation of the registration of the Plan of Subdivision within THREE (3) months of the Town providing written notice to the Developer pursuant to Section 2.5 of this Agreement.
2.8 The Town in its discretion may extend the time limits specified in Section 2.7, but the Town and the Developer agree that no act or omission on the part of the Town, intentional or unintentional, shall constitute a waiver of the Town's right to exercise the power of attorney conferred upon the Town by the Developer pursuant to Sections 2.6 and 2.7 of this Agreement.; and
Appears in 1 contract
Samples: Memorandum of Agreement
PLAN OF SUBDIVISION.
2.1 The County agrees that, subject to the other requirements of this Agreement, the Developer may proceed with the development of the Development Area prior to registering a Plan of Subdivision for the Development Area.
2.2 Except where a Plan of Subdivision is not contemplated as part of the development of the Development Area:
(a) if the Developer has not obtained subdivision approval for the Development Area by the time of the execution of this Agreement, the Developer shall at its sole cost and expense cause a Plan of Subdivision for the Development Area to be prepared and approved by all necessary approving authorities and in accordance with the law in that respect, and provided that it is a strict requirement of this Agreement, that any Plan of Subdivision must first have received approval in writing of the County;
(b) the Developer covenants and agrees that it shall register in the Land Titles Office for the South North Alberta Land Registration District a Plan of Subdivision for the Development Area within TWENTY-FOUR Twelve (2412) months of the date of this Agreement or in the subdivision approval, and further, case of an extension granted by the County’s Council pursuant to Section 657(2) of the Municipal Government Act prior to the expiration of that extension (unless otherwise agreed to in writing);
(c) if the Developer agrees:
(a) that in the event that the does not register a Plan of Subdivision for the Development Area is not registered within the said TWENTY-FOUR time prescribed in Section (24) monthsb), then the Town County shall be entitled to terminate this Agreement;
(bd) that the termination of this Agreement in whole or in part as provided in Clause Section (ac) shall be effective upon the Town County serving written notice of termination on the Developer;
(ce) that if the Developer does not register a Plan of Subdivision within the time prescribed in the event that this Agreement is terminated in whole or in part as provided in Clause Section (ab), then the Developer shall not be entitled to register any plans Plan of subdivision Subdivision for any portion of the Development Area unless and or commence or complete the obligations under this Agreement until a further written agreement is entered into between the Developer and the Town.County; and
(df) that in if the event that the Town County terminates this Agreement in whole or in part pursuant to the provisions of this ParagraphSection, it is understood and agreed that any financial obligations of the Developer to the Town County shall survive and the Town County shall be entitled to enforce such financial obligations as if this Agreement remained in full force and effect.
2.2 2.3 The Developer covenants and agrees that it shall comply fully with all conditions of any subdivision approval which may be imposed by the subdivision approving authority (or if the subdivision authority's decision is appealed, the final decision upon appeal).
2.3 2.4 No Plan of Subdivision shall either be endorsed by the Town nor shall be County or permitted to be registered registered, nor shall the Developer commence any work within or adjacent to the Development Area, unless and until the Town, County in its sole discretiondiscretion has:
(a) has rezoned the Development Area to permit a district that the land uses being proposed by the DeveloperCounty deems appropriate;
(b) has passed any amendments deemed appropriate by to the Town County's Land Use Bylaw relating to any bylaw or statutory plan, including any the regulations applicable Area Structure Plan, affecting to the development within the Development AreaArea that the County deems appropriate;
(c) is satisfied passed any new statutory plans or amendments to any existing statutory plans that all conditions of the Subdivision approval have been or will be satisfied in accordance with Section 657 of the Municipal Government Act, R.S.A. 2000, Chapter M-26, as amended from time to timeCounty deems appropriate;
(d) has received payment for all applicable feesnecessary approvals from all other orders of government respecting the proposed subdivision or development, chargesthe Municipal Improvements, levies and other charges imposed in relation to or the Subdivision or otherwise required to be paid under the terms of this AgreementPlans;
(e) has received copies approved of all required approvals from jurisdictions having authority respecting the Development Area;
(f) has received all necessary security as required under the terms of this Agreement; and
(g) has approved all Plans respecting the construction and installation of all Municipal Improvements.;
2.4 Providing (f) received confirmation of, or otherwise confirmed, the satisfaction of all conditions contained within the applicable subdivision approval or development permit;
(g) confirmed that registered ownership of the lands comprising the Development Area is satisfactory to the County, including, without restriction, confirmation that the Developer registered owner is not in default of any of the provisions of this Agreement or any condition of subdivision approval, the Town shall, at the request of the Developer, deliver to the Provincial Department of Environment any confirmations or undertakings reasonably required (and in respect to which the Town can attest) in order for the Developer to obtain any necessary permits and licenses from the said Department of Environment.; and
2.5 In the event that the a Plan of Subdivision for the Development Area has been registered by the Developer, and the Developer fails to proceed with the construction and installation of the Municipal Improvements for the Development Area within the time limits herein specified, the Developer shall, upon receiving written notice from the Town County to do so, immediately proceed to take all steps necessary to cancel the registration of the said Plan of Subdivision, and further, the Developer, in all events, shall have obtained the cancellation of the registration of the said Plan of Subdivision within THREE Three (3) months of the Town County providing written notice to the Developer as herein provided.
2.6 The Developer covenants and agrees that in the event that a Plan of Subdivision for the Development Area is not registered within the time limits prescribed herein, or in the event that a Plan of Subdivision for the Development Area is cancelled as contemplated in this Section, or in the event that the Developer does not commence the development of the Development Area within the time limits prescribed herein, THEN the County shall be at liberty, in the County's sole discretion, to re-district the lands within the Development Area back to the land use district in place prior to the Development Area being districted for development purposes.
2.7 Notwithstanding anything to the contrary contained in this Agreement, the Developer hereby irrevocably appoints the Town County as its attorney in fact and in law for the purposes of making all necessary or desirable (in the TownCounty's discretion or opinion) applications, executing all necessary or advisable (in the TownCounty's discretion or opinion) documents, and taking all further necessary or advisable (in the TownCounty's discretion or opinion) steps or actions in order to obtain the cancellation of the registration of the said Plan of Subdivision in accordance with the preceding Section of this Agreement.
2.7 2.8 The power of attorney conferred upon the Town County by the Developer in Section 2.6 2.7 of this Agreement may be exercised by the Town County in the event that the Developer has not applied for the cancellation of the registration of the Plan of Subdivision within ONE One (1) month of the Town County providing written notice to the Developer pursuant to Section 2.5 2.6 of this Agreement, or may be exercised in the event that the Developer has not obtained the cancellation of the registration of the Plan of Subdivision within THREE Three (3) months of the Town County providing written notice to the Developer pursuant to Section 2.5 2.6 of this Agreement.
2.8 2.9 The Town County in its discretion may extend the time limits specified in Section 2.72.8, but the Town County and the Developer agree that no act or omission on the part of the TownCounty, intentional or unintentional, shall constitute a waiver of the TownCounty's right to exercise the power of attorney conferred upon the Town County by the Developer pursuant to Sections 2.6 2.7 and 2.7 2.8 of this Agreement.
2.10 The Developer shall ensure that the public is informed of all land use classifications, bus zones, community mail boxes, truck routes, overhead power feeder mains, sewage treatment plants, arterial roads, the location of school sites and when specified by the school board the school building sites, reserve parcels, dry ponds and other amenities within the subdivision of the Development Area; and the said information shall be shown in all brochures, billboards and other advertising where maps are used in connection with the promotion and sale of lots in the Development Area. The Developer shall erect the Land Use Classification sign, as approved by the County, in the Development Area showing the above-mentioned amenities prior to the issuance of any development permits for any lots in the Development Area. In the event that the Developer proposes to erect the Land Use Classification sign on publicly owned lands, the Developer shall submit to the County a plan showing the size and location of the said sign for the County’s approval. The Developer shall maintain the said sign until the issuance of Final Acceptance Certificates for all Municipal Improvements in the Development Area, following which the Developer shall remove the said sign.
Appears in 1 contract
Samples: Development Agreement
PLAN OF SUBDIVISION. 2.1 Prior to construction or installation of any of the Municipal Improvements, the Developer shall cause a Plan of Subdivision of the said Lands to be prepared and approved by all necessary approving authorities.
2.1 2.2 The Developer covenants and agrees that it shall register in the Land Titles Office for the South Alberta Land Registration District a Plan of Subdivision for the Development Area within TWENTY-FOUR Twelve (2412) months of the date of the subdivision approval, and further, the Developer agrees:this Agreement.
(a) that in 2.3 In the event that the Developer does not register the Plan of Subdivision for within Twelve (12) months of the Development Area is not registered within date of this Agreement, the said TWENTY-FOUR (24) months, then the Town Municipality shall be entitled to terminate this Agreement;
(b) that the termination of this Agreement in whole or in part as provided in Clause (a) shall be effective upon the Town serving written notice of termination on the Developer;
(c) that in the event that this Agreement is terminated in whole or in part as provided in Clause (a), then and the Developer shall not be entitled to register any plans Plan of subdivision Subdivision for any portion of the Development Area unless and until a further written agreement Agreement is entered into between the Developer and the TownMunicipality.
(d) that in the event that the Town terminates this Agreement in whole or in part pursuant to the provisions of this Paragraph, it is understood and agreed that any financial obligations of the Developer to the Town shall survive and the Town shall be entitled to enforce such financial obligations as if this Agreement remained in full force and effect.
2.2 2.4 The Developer covenants and agrees that it shall comply fully with all conditions of any subdivision approval which may be imposed by the subdivision approving authority (or if the subdivision authority's decision is appealed, the final decision upon appeal).
2.3 2.5 No Plan of Subdivision shall either be endorsed by the Town nor shall be Municipality or permitted to be registered registered, nor shall the Developer commence any work within or adjacent to the Development Area, unless and until the Town, Municipality in its sole discretiondiscretion has:
(a) has rezoned the Development Area to permit a district that the land uses being proposed by the DeveloperMunicipality deems appropriate;
(b) has passed any amendments deemed appropriate by to the Town Municipality's Land Use Bylaw relating to any bylaw or statutory plan, including any the regulations applicable Area Structure Plan, affecting to the development within the Development AreaArea that the Municipality deems appropriate;
(c) is satisfied passed any new statutory plans or amendments to any existing statutory plans that all conditions of the Subdivision approval have been or will be satisfied in accordance with Section 657 of the Municipal Government Act, R.S.A. 2000, Chapter M-26, as amended from time to timeMunicipality deems appropriate;
(d) has received payment for all applicable feesnecessary approvals from all other orders of government respecting the proposed subdivision or development, chargesthe Municipal Improvements, levies and other charges imposed in relation to or the Subdivision or otherwise required to be paid under the terms of this AgreementPlans;
(e) has received copies approved of all required approvals from jurisdictions having authority respecting the Development Area;
(f) has received all necessary security as required under the terms of this Agreement; and
(g) has approved all Plans respecting the construction and installation of all Municipal Improvements;
(f) received confirmation of, or otherwise confirmed, the satisfaction of all conditions contained within the applicable subdivision approval or development permit; and
(g) confirmed that registered ownership of the lands comprising the Development Area is satisfactory to the Municipality, including, without restriction, confirmation that the registered owner is the Developer.
2.4 Providing that the Developer is not in default of any of the provisions of this Agreement or any condition of subdivision approval, the Town shall, at the request of the Developer, deliver to the Provincial Department of Environment any confirmations or undertakings reasonably required (and in respect to which the Town can attest) in order for the Developer to obtain any necessary permits and licenses from the said Department of Environment.
2.5 2.6 In the event that the a Plan of Subdivision for the Development Area has been registered by the Developer, and the Developer fails to proceed with the construction and installation of the Municipal Improvements for the Development Area within the time limits herein specified, the Developer shall, upon receiving written notice from the Town Municipality to do so, immediately proceed to take all steps necessary to cancel the registration of the said Plan of Subdivision, and further, the Developer, in all events, shall have obtained the cancellation of the registration of the said Plan of Subdivision within THREE Three (3) months of the Town Municipality providing written notice to the Developer as herein provided.
2.6 2.7 The Developer covenants and agrees that in the event that a Plan of Subdivision for the Development Area is not registered within the time limits prescribed herein, or in the event that a Plan of Subdivision for the Development Area is cancelled as contemplated in this Section, or in the event that the Developer does not commence the development of the Development Area within the time limits prescribed herein, THEN the Municipality shall be at liberty, in the Municipality's sole discretion, to re-district the lands within the Development Area back to the land use district in place prior to the Development Area being districted for development purposes.
2.8 Notwithstanding anything to the contrary contained in this Agreement, the Developer hereby irrevocably appoints the Town Municipality as its attorney in fact and in law for the purposes of making all necessary or desirable (in the TownMunicipality's discretion or opinion) applications, executing all necessary or advisable (in the TownMunicipality's discretion or opinion) documents, and taking all further necessary or advisable (in the TownMunicipality's discretion or opinion) steps or actions in order to obtain the cancellation of the registration of the said Plan of Subdivision in accordance with the preceding Section of this Agreement.
2.7 2.9 The power of attorney conferred upon the Town Municipality by the Developer in Section 2.6 2.8 of this Agreement may be exercised by the Town Municipality in the event that the Developer has not applied for the cancellation of the registration of the Plan of Subdivision within ONE One (1) month of the Town Municipality providing written notice to the Developer pursuant to Section 2.5 2.6 of this Agreement, or may be exercised in the event that the Developer has not obtained the cancellation of the registration of the Plan of Subdivision within THREE Three (3) months of the Town Municipality providing written notice to the Developer pursuant to Section 2.5 2.6 of this Agreement.
2.8 2.10 The Town Municipality in its discretion may extend the time limits specified in Section 2.72.9, but the Town Municipality and the Developer agree that no act or omission on the part of the TownMunicipality, intentional or unintentional, shall constitute a waiver of the TownMunicipality's right to exercise the power of attorney conferred upon the Town Municipality by the Developer pursuant to Sections 2.6 2.8 and 2.7 2.9 of this Agreement.
Appears in 1 contract
Samples: Development Agreement
PLAN OF SUBDIVISION. 2.1 Prior to construction or installation of any of the Improvements, the Developer shall cause a Subdivision Plan of the said Lands to be prepared and approved by all necessary approving authorities.
2.1 2.2 The Developer covenants and agrees that it shall register in the Land Titles Office for the South Alberta Land Registration District a Plan of Subdivision for the Development Area within TWENTY-FOUR Twelve (2412) months of the date of the subdivision approval, and further, the Developer agrees:this Agreement.
(a) that in 2.3 In the event that the Developer does not register the Plan of Subdivision for within Twelve (12) months the Development Area is not registered within the said TWENTY-FOUR (24) months, then the Town Municipality shall be entitled to terminate this Agreement;
(b) that the termination of this Agreement in whole or in part as provided in Clause (a) shall be effective upon the Town serving written notice of termination on the Developer;
(c) that in the event that this Agreement is terminated in whole or in part as provided in Clause (a), then and the Developer shall not be entitled to register any plans Plan of subdivision Subdivision for any portion of the Development Area unless and until a further written agreement Agreement is entered into between the Developer and the TownMunicipality.
(d) that in the event that the Town terminates this Agreement in whole or in part pursuant to the provisions of this Paragraph, it is understood and agreed that any financial obligations of the Developer to the Town shall survive and the Town shall be entitled to enforce such financial obligations as if this Agreement remained in full force and effect.
2.2 2.4 The Developer covenants and agrees that it shall comply fully with all conditions of any subdivision approval which may be imposed by the subdivision approving authority (or if the subdivision authority's decision is appealed, the final decision upon appeal).
2.3 2.5 No Plan of Subdivision shall either be endorsed by the Town nor shall be Municipality or permitted to be registered registered, nor shall the Developer commence any work within or adjacent to the Development Area, unless and until the Town, Municipality in its sole discretiondiscretion has:
(a) has rezoned the Development Area to permit a district that the land uses being proposed by the DeveloperMunicipality deems appropriate;
(b) has passed any amendments deemed appropriate by to the Town Municipality's Land Use Bylaw relating to any bylaw or statutory plan, including any the regulations applicable Area Structure Plan, affecting to the development within the Development AreaArea that the Municipality deems appropriate;
(c) is satisfied passed any new statutory plans or amendments to any existing statutory plans that all conditions of the Subdivision approval have been or will be satisfied in accordance with Section 657 of the Municipal Government Act, R.S.A. 2000, Chapter M-26, as amended from time to timeMunicipality deems appropriate;
(d) has received payment for all applicable feesnecessary approvals from all other orders of government respecting the proposed subdivision or development, chargesthe Improvements, levies and other charges imposed in relation to or the Subdivision or otherwise required to be paid under the terms of this AgreementPlans;
(e) has received copies approved of all required approvals from jurisdictions having authority respecting the Development Area;
(f) has received all necessary security as required under the terms of this Agreement; and
(g) has approved all Plans respecting the construction and installation of all Municipal Improvements.;
2.4 Providing (f) received confirmation of, or otherwise confirmed, the satisfaction of all conditions contained within the applicable subdivision approval or development permit;
(g) confirmed that the Developer is not in default of any registered ownership of the provisions of this Agreement or any condition of subdivision approval, the Town shall, at the request of the Developer, deliver to the Provincial Department of Environment any confirmations or undertakings reasonably required (and in respect to which the Town can attest) in order for the Developer to obtain any necessary permits and licenses from the said Department of Environment.
2.5 In the event that the Plan of Subdivision for lands comprising the Development Area has been is satisfactory to the Municipality, including, without restriction, confirmation that the registered by owner is the Developer, and the Developer fails to proceed with the construction and installation of the Municipal Improvements within the time limits herein specified, the Developer shall, upon receiving written notice from the Town to do so, immediately proceed to take all steps necessary to cancel the registration of said Plan of Subdivision, and further, the Developer, in all events, shall have obtained the cancellation of the registration of the said Plan of Subdivision within THREE (3) months of the Town providing written notice to the Developer as herein provided.
2.6 Notwithstanding anything to the contrary contained in this Agreement, the Developer hereby irrevocably appoints the Town as its attorney in fact and in law for the purposes of making all necessary or desirable (in the Town's discretion or opinion) applications, executing all necessary or advisable (in the Town's discretion or opinion) documents, and taking all further necessary or advisable (in the Town's discretion or opinion) steps or actions in order to obtain the cancellation of the registration of the said Plan of Subdivision in accordance with the preceding Section of this Agreement.
2.7 The power of attorney conferred upon the Town by the Developer in Section 2.6 of this Agreement may be exercised by the Town in the event that the Developer has not applied for the cancellation of the registration of the Plan of Subdivision within ONE (1) month of the Town providing written notice to the Developer pursuant to Section 2.5 of this Agreement, or may be exercised in the event that the Developer has not obtained the cancellation of the registration of the Plan of Subdivision within THREE (3) months of the Town providing written notice to the Developer pursuant to Section 2.5 of this Agreement.
2.8 The Town in its discretion may extend the time limits specified in Section 2.7, but the Town and the Developer agree that no act or omission on the part of the Town, intentional or unintentional, shall constitute a waiver of the Town's right to exercise the power of attorney conferred upon the Town by the Developer pursuant to Sections 2.6 and 2.7 of this Agreement.
Appears in 1 contract
Samples: Development Agreement
