Address: 45 Avenue / Calgary Trail South
Legal Description: Plan 812-1222, Blk 30, Lot 1
THIS AMENDMENT AGREEMENT made this 30th day of November, A.D., 1981.
BETWEEN:
THE CITY OF EDMONTON,
a Municipal Corporation
(hereinafter called the "City")
OF THE FIRST PART
- and -
MacLACHLAN & MITCHELL HOMES (1979) LTD.
(hereinafter called "MacLachlan & Mitchell"
OF THE SECOND PART
- and -
GROVERIDGE IMPERIAL PROPERTIES LTD.
(hereinafter called "Groveridge")
OF THE THIRD PART
WHEREAS MacLachlan & Mitchell and Groveridge are the registered owners or are entitled to become the registered owners of the following lands located in the City of Edmonton, namely:
PLAN EDMONTON 812 1222
BLOCK THIRTY (30)
LOT ONE (1)
CONTAINING 8.30 HECTARES (20.51 ACRES) MORE OR LESS
(S.E. 17R & N.E. 8 - 52 - 24 W4TH)
EXCEPTING THEREOUT ALL MINES AND MINERALS
(hereinafter called "the Development Site");
AND WHEREAS pursuant to Bylaw 2135, being the City of Edmonton Zoning Bylaw, the Development Site was rezoned on the 13th day of December, A. D., 1978 from M-1 (Industrial District) to CD-1 (Comprehensive Development District) subject to certain terms and conditions including the entering into by MacLachlan & Mitchell of a development agreement with the City;
AND WHEREAS on the 31st day of October, A. D., 1980, the City and MacLachlan & Mitchell entered into a Development Agreement, a copy of which is attached hereto and marked as Schedule "A";
AND WHEREAS upon the coming into effect of Bylaw 5996, being the City of Edmonton Land Use By-Law, the Development Site was districted DC-2 (Comprehensively Planned Development District);
AND WHEREAS Groveridge, on behalf of MacLachlan & Mitchell and Groveridge, has applied to the City Council of the City of Edmonton, to change the DC-2 development to be constructed on the Development Site;
AND WHEREAS the Municipal Planning Commission on the 1st day of October, A. D., 1981 supported the Application by Groveridge to change the DC2 development to be constructed on the Development Site, subject to the entering of this Agreement;
AND WHEREAS the provisions of Bylaw 6706, of the City of Edmonton, require that MacLachlan & Mitchell and Groveridge enter into this Agreement.
NOW, THEREOFRE, THIS AGREEMENT WITNESSETH that in consideration of the mutual and other covenants herein contained, the parties hereto covenant and agree each with the other as follows:
1. That MacLachlan & Mitchell and Groveridge agree to and shall be bound by the terms and conditions of the Agreement made between MacLachlan & Mitchell and the City on the 31st day of October, A. D., 1980, a copy of which is attached hereto and marked as Schedule "A", except as that Agreement is expressly amended herein, to the same extent as if it were a party to that Agreement.
2. That MacLachlan & Mitchell and Groveridge agree that any and all development upon the said Development Site shall be substantially in accordance with the proposal submitted and approved by the Municipal Planning Commission on or about the 1st day of October, A.D., 1981, a copy of which is attached hereto and marked as Schedule "B".
3. That the Agreement made between MacLachlan & Mitchell and the City, on the 31st day of October, A. D., 1980, a copy of which is attached hereto and marked as Schedule "A", is hereby amended by deleting in Paragraph 2 of the said Agreement the words and figures "Fifty percent (50%)" and replacing them with the words and figures "One Hundred Percent (100%)" so that MacLachlan & Mitchell and Groveridge shall submit a bond to the City as set out therein for the full cost of the landscaping estimate as provided for in the said Agreement.
4. That it is understood a new Subdivision Application will be necessary which shall be subject to approval of the Municipal Planning Commission. The said Subdivision will require an Easement in favour of the City to provide an appropriate connection between the Central Park System, as indicated in Schedule "B" attached hereto. It is understood that the form of Easement must be approved by the Municipal Planning Commission. In the event of non-approval of the required Subdivision, this Agreement shall be null and void. The parties further agree to enter into and execute such further documentation as may be required to give effect to this Agreement.
5. That the Agreement made between MacLachlan & Mitchell and the City, on the 31st day of October, A.D., 1980, a copy of which is attached hereto and marked as Schedule "A", is hereby amended by deleting Paragraphs 9(a) and 9(c) therein contained and substituting the following provision:
"That MacLachlan & Mitchell and Groveridge shall provide a central park, the tot lots, and Land Use Separation Buffers, the walkway/ pathway system, its street furniture, the pavement treatment and landscaping arrangement of the parking courtyards and screening of parking areas upon the Development Site as required by the Parks and Recreation Department and Planning Department, acting reasonably, and shall design, construct and maintain the same to the satisfaction of the Parks and Recreation Department and the Planning Department of the City, acting reasonably. Without restricting the generality of the foregoing, prior to the issuance of the Final Building Permit (excluding Footing and Foundation Permits), either MacLachlan & Mitchell or Groveridge shall submit to the Planning Department the required design of the aforesaid items to be developed in that portion of the site for which Application is being made."
6. That it is understood and agreed the commercial component of the Development shall be substantially in accordance with the Plan in the Agreement, a copy of which is attached hereto and marked as Schedule "A".
7. That Paragraph 11 of the Agreement made between MacLachlan & Mitchell and the City, on the 31st day of October, A. D., 1980, a copy of which is attached hereto and marked as Schedule "A", is hereby amended by deleting the words 'a bus bay and shelters' in the second line and replacing them with the words "two bus pads and shelters".
8. That Paragraph 13 of the Agreement made between MacLachlan & Mitchell and the City, on the 31st day of October, A. D., 1980, a copy of which is attached hereto and marked as Schedule "A", is hereby deleted.
9. That MacLachlan & Mitchell and Groveridge hereby agree that the City shall be entitled to place a caveat against the lands comprising the Development Site to protect the City's interest in respect to the land in the herein Agreement. MacLachlan & Mitchell and Groveridge shall extract the same covenants as herein contained from any person to whom it may in any convey the lands in the Development Site or any part thereof. The City agrees to absolutely postpone such caveat in favour of a mortgage or mortgages registered at the North Alberta Land Titles office for the purpose of financing any construction of development on or within the Development Site. The City further agrees to discharge such caveat upon demand, against the lands on/or within the Development Site or such portion thereof, then all conditions contained herein are being satisfied as relating to the lands within the Development Site or such portion thereof.
IN WITNESS WHEREOF the parties hereto have hereunto properly executed this Agreement at the City of Edmonton, in the Province of Alberta, the day and year first above written.
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Schedules
Schedule A - Map
Schedule B - Site Plans
Other documents