Common use of Preparation and Approval of Plans Clause in Contracts

Preparation and Approval of Plans. 3.1 Plan of Subdivision (a) In respect of the Plan of Subdivision for the Subdivision Area, the Developer shall: (i) At its own cost and expense, cause a Plan of Subdivision for the Subdivision 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, from the Municipality; and (ii) At its own costs and expense, register at the Land Titles Office for the South Alberta Land Registration District a Plan of Subdivision for the Lands within twelve (12) months of the date of subdivision approval (unless otherwise agreed to, in writing). (b) If the Developer fails to register a Plan of Subdivision within the time prescribed in Section 3.1 (a) (ii), then: (i) Without limiting any other remedies it may have, the Municipality shall be entitled, at its sole discretion, to terminate this Agreement and the Developer shall be deemed to have forfeited any and all rights under this Agreement. (ii) The termination of this Agreement, in whole or in part, as provided in Section 3.1 (b) (i) shall be effective upon the Municipality providing written notice of termination to the Developer. (c) No Plan of Subdivision shall be endorsed by the Municipality or permitted to be registered in respect of a Subdivision Area, nor shall the Developer Commence Construction of any Municipal Improvements, within the Subdivision Area, unless the Municipality, in its sole discretion, has: (i) Re-designated the Lands to a land use district, that the Municipality deems appropriate; (ii) Passed amendments to the Municipality’s Land Use Bylaw relating to the regulations applicable to the development within the Lands, that the Municipality deems appropriate; (iii) Passed new statutory plans or amendments to any existing statutory plans, that the Municipality deems appropriate; (iv) Received all necessary approvals from all other levels of government and government and local authorities respecting the proposed subdivision or development, the Municipal Improvements, or the Plans; (v) Received confirmation of, or otherwise confirmed, the satisfaction of all conditions contained within the applicable subdivision approval or development permit; (vi) Confirmed that registered ownership of the lands comprising the Lands is satisfactory to the Municipality including, without restriction, confirmation that the registered owner is the Developer; and (vii) Received all items required to be delivered to the Municipality, pursuant to the terms of this Agreement. (d) If a Plan of Subdivision for a Subdivision Area has been registered by the Developer, and the Developer fails to proceed with the construction and installation of the Municipal Improvements for the Subdivision Area within twelve (12) months of execution of this Agreement, the Developer shall, upon receiving written notice from the Municipality to do so, immediately proceed to take

Preparation and Approval of Plans. 3.1 Plan of Subdivision (a) In respect of the Plan of Subdivision for the Subdivision Area, the Developer shall: (i) At its own cost and expense, cause a Plan of Subdivision for the Subdivision 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, from the Municipality; and (ii) At its own costs and expense, register at the Land Titles Office for the South Alberta Land Registration District a Plan of Subdivision for the Lands within twelve (12) months of the date of subdivision approval (unless otherwise agreed to, in writing). (b) If the Developer fails to register a Plan of Subdivision within the time prescribed in Section 3.1 (a) (ii), then: (i) Without limiting any other remedies remedies, it may have, the Municipality shall be entitled, at its sole discretion, to terminate this Agreement and the Developer shall be deemed to have forfeited any and all rights under this Agreement. (ii) The termination of this Agreement, in whole or in part, as provided in Section 3.1 (b) (i) shall be effective upon the Municipality providing written notice of termination to the Developer. (c) No Plan of Subdivision shall be endorsed by the Municipality or permitted to be registered in respect of a Subdivision Area, nor shall the Developer Commence Construction of any Municipal Improvements, within the Subdivision Area, unless the Municipality, in its sole discretion, has: (i) Re-designated the Lands to a land use district, that the Municipality deems appropriate; (ii) Passed amendments to the Municipality’s Land Use Bylaw relating to the regulations applicable to the development within the Lands, that the Municipality deems appropriate; (iii) Passed new statutory plans or amendments to any existing statutory plans, that the Municipality deems appropriate; (iv) Received all necessary approvals from all other levels of government and government and local authorities respecting the proposed subdivision or development, the Municipal Improvements, or the Plans; (v) Received confirmation of, or otherwise confirmed, the satisfaction of all conditions contained within the applicable subdivision approval or development permit; (vi) Confirmed that registered ownership of the lands comprising the Lands is satisfactory to the Municipality including, without restriction, confirmation that the registered owner is the Developer; and (vii) Received all items required to be delivered to the Municipality, pursuant to the terms of this Agreement. (d) If a Plan of Subdivision for a Subdivision Area has been registered by the Developer, and the Developer fails to proceed with the construction and installation of the Municipal Improvements for the Subdivision Area within twelve (12) months of execution of this Agreement, the Developer shall, upon receiving written notice from the Municipality to do so, immediately proceed to taketake all steps necessary to cancel the registration of the said Plan of Subdivision, and further, the Developer, in all events, shall obtain the cancellation of the said Plan of Subdivision within three (3) months of the Municipality providing written notice to the Developer as herein provided. (e) The Developer irrevocably appoints the Municipality as its agent and attorney for the purposes of making all necessary or desirable (in the Municipality’s sole discretion or opinion) applications, executing all necessary or advisable (in the Municipality’s sole discretion or opinion) documents and taking all further necessary or advisable (in the Municipality’s sole discretion or opinion) steps or actions in order to obtain the cancellation of the registration of the said Plan of Subdivision, on behalf of the Developer at the Developer’s cost in accordance with Section 3.1(d) of this Agreement. (f) The power of attorney granted to the Municipality by the Developer in Section 3.1(e) of this Agreement may be exercised by the Municipality, in the event that the Developer has not applied for the cancellation of the registration of the Plan of Subdivision within three (3) month of the Municipality providing written notice to the Developer pursuant to Section 3.1(c) 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 Municipality providing written notice to the Developer pursuant to Section 3.1(d) of this Agreement (g) The Municipality may, at its sole discretion, extend the time limits specified in Section 3.1(d). No act or omission on the part of the Municipality, intentional or unintentional, shall constitute a waiver of the Municipality’s right to exercise the power of attorney conferred upon the Municipality by the Developer pursuant to Sections 3.1(e) and 3.1(f) of this Agreement.