HomeMy WebLinkAbout04 062 sub agree lorne creek
e
e
e
e
THE CORPORATION OF THE MUNICIPALITY OF KINC INE
BY-LAW
NO. 2004 - 62
BEING A BY ·LAW TO AUTHORIZE THE EXECUTION OF A SUBDIVISION
AGREEMENT WITH SUSAN K. PRYDE CONCERNING PART 0 LOTS 49 AND 50,
CONCESSION "A" MUNICIPALITY OF KINCAR INE
Lome Creek Shores
WHEREAS Section 51 (26) of the Planning Act 1990, Ch pter 13 authorizes
municipalities to enter into Subdivision Agreements as a condition to the approval of a
plan of subdivision; I
I
AND WHEREAS Sections 8 and 9 of the Municipal Act, 2001, S.O 2001, c.25 provides
municipalities with the powers and privileges of a natural perso for the purpose of
exercising its authority under this or any other Act and to enable m nicipalities to govern
their affairs as they consider appropriate;
AND WHEREAS the Council for the Municipality of Kincardine d ems it advisable to
enter into a Subdivision Agreement with Susan K. Pryde;
NOW THEREFORE the Council for the Municipality of Kincardine NACTS as follows:
1. That the Municipality of Kincardine enter into a Subdivi ion Agreement with
Susan K. Pryde to ensure appropriate development of thos lands described as
of Part of Lots 49 and 50, Concession 'A' in the former To nship of Kincardine,
(now Municipality of Kincardine), County of Bruce, as detail d on Reference Plan
3R-7901, and being more particularly described in the S bdivision Agreement
attached to this by-law as Schedule "A".
That the Mayor and Chief Administrative Officer be authori ed to sign, on behalf
of the Municipality of Kincardine the Subdivision Agreement with Susan K. Pryde
which is attached to this By-law.
2.
3.
This By-law takes effect from the date of passage by Co ncil and comes into
force and effect pursuant to the provisions of the Planning A ,1990.
4. This By-law may be cited as the "Lome Creek Shores Subdi ision By-law."
READ a FIRST, SECOND and a THIRD time and FINALLY P SED this 5th day of
May, 2004.
~k
~p / ~~
"
'1'=
",- ~
. .
...
_f-- -/-
~¡h~..1&I ~~_,
ie' ' ,,~. i ~ OI1JØrio .-
T 05Li533
Document General
Form 4 Land Re Istratlon Reform Act
(1) Registry 0 Land Title. ~
Do Process Sollware Ltd. . (416) 322·6111
D
(2) Page 1
o
pages
(3)F.I.".ft"uWr(S)
Block
Property
Additional:
See 0
Schedule
TIFICATE OF ~ECEln
B UCE (3) WAlK£RTON
(4) Nature of Document
Notice of Subdivision Agreement ls.5 1 (26) of Planning Act)
(5) Conslderetlon
8 An 10 ~7
'/"1vÆ
, '
Dalla.. $
(6) Description
Parcel 49- I, Section Township of Kincardine Con. "A", being described
as follows:
New roþerty Identlßêft
FIRSTLY: Part of Lots 49 and 50, Concession" A", In the geographic
Township of Kincardine, now In the Municipality of Kincardine,
designated as Part I, Plan 3R-7901
AddINonel: SECONDLY: Part of Lot 49, Concession" A", In the geographic
~~dUI. 0 Township of Kincardine, now In the Municipality of Kincardine,
designated as Part 2, Plan 3R-790t.
AddIHonal:
~,. 0
octlrilénl líhM4IM II tonowe: iIe.
rpotlitiöll otthê Mllblclpalitr f cardine has an unregistered estaste, right, interest or equity in the
stend lu tht! lllillie of Susan yde as parcel 49-1, Section Township of Kincardine, Con" A" In the
for the 1.libd 'tItles Þlvislon of Bruce No.3 and applies under section 71 of the Land Titles Act for the
f a Notice of Subdivision Agreement in the register for the said parcel.
(7) this
Document
Contains:
(a)Redesc~pllon i (b) Schedule for:
New Easement !
PlanlSketch 0 i Descrfption 0
Additional 0
Parties Other !XI
Sabdl islon Agreèmt!lIt attached at pages 2 - 30.
Continued on Schedule œI
00_1 télàlOl io I"strumenl number(s)
..., (Set out Statu. or Interest,
s)
Date of Signature
: y 1M 10
. ...····..·f..·1!19.4.. ..!!Ii·I·1?.
i i!
.................................................................................+...............1.......1.......
! I!
.......................................................··························f···············i.......i.......
. I i
Ii,
i I ¡
Slgnature(s
:&1!1A'l.fAl!li.þ.Uht.M1UJ.tlåRIlib'..I!f.KÞ.t.çJA'.\Uac..............
llcltot. Graham E. Mahood
m~J!tL...................._................................._.................
. .. ........... ........-
...........n_......;................................................................,.................
(11)
313 Lambton Street, Kincardine, Ontario N2Z 2Y8
,,'-' "
..., (SIIIIIUI!ífItut tit I"rest)
N (s) ¡
~"I,
'. ,",-\<>,-, ':'.'
f.n'.~.. ~I!._!t!. . .' '. ..............____..........................................
(Own ) ,
............_.............~:á.._._..................._..__._....._.........._...................
Slgnature(s) Date of Signature
Y M D
i
...........................__...........mm__m_____..__.__................+..............¡.......¡.......
::
i I I
·....·..·..·..·..·..·....·..·..·....·..·..·..·....·..·..·....·..·....·..·..·..···t··....··....···¡..·····tn.....
i ,.
! ::
......................................................···························+···············i·······i·......
. I'
¡,i
Iii
._._........._~...~.~,;_.,¡.._...._..............................................................
R. R. 2, Port Elgin< Ontario NOH 2CO
(15) Document Prepared by:
..J
Z Registration Fee
Fees and Tax
MAHOOD & DARCY
313 Lambton Street
".0. Box 313
killcardine, Ontario
N2Z 2Y8
Total
Document ~ UIinOFoftn1. 'Wa11I LøndFonns
is (a) Redescription
ument New Easement
C ntains PlanlSketch 0
~ - l-
~ Province
:>r ~ ~ntariO
Transfer/Deed of Land
Form 1 - Land Reglslratlon Reform Act
A
LT
(1) Registry 0
(3) ~':=r(S)
Land TItles ~ (2) Page 1 of 2
BloC!< Property
Additional:
See 0
Schedule
055370
pages
CERTIFICATE OF RECEIPT
BRUCE (3)WAlKERTON
(4) Consideration
Two-----------------------------
Dollar $
2.00
(5) Description
This is a:
Property 0
DiV1sion
Propeo:\Y 0
Consolidation
'O~ OCT 18 RM 10 08
Firstly: Parcel 17-1, Section 3M-183, being Block 17, Plan 3M-183,
Secondly: Parcel 18-1, Section 3M-183, being Block 18, Plan 3M-183,
Property Iden~i.fie /1/:"J'"".,,,4
(4-' Additional:
LAND REGISTRM;edUle. 0
Thirdly: Parcel 20-1, Section 3M-183, being Block 20, Plan 3M-183,
all in the "5.__"'-_ A - ~
- '" -~
-
County of Bruce.
..S.."'.
A
.
" "8.__ 4M.
.,
(now Municipality of Kincardine),
o EXEctmONS
Additional:
See 0
Schedule
(b) Schedule for:
Description 0
Additional
Parties 0 Other 0
(7) Int...-Estate Transferred
Fee Simple
(8) T nsferor(s)The transferor hereby transfe.. the land to the transferee and certifies that the transferor is at least eighteen years old and that
I. S R.Kathleenf'ryde..am..8..SPOUD..Yhe.PIOperty.transferredJSJ10.tordinarilyoççupledby.me..8.ndmysp!!uSll,
wh is not separated from me, as our family residence.
Slgna~rejs0
y<J·f(/7^
(9) 5 ouse(s) of Transferor(s) I hereby consent to this transaction
Nam s)
Slgnature(s)
Date of Signature
Y M D
(11)
(10) ransferor(s) Address
Service
P. . Box 1725 P
Date of Birth
Y M D
TH CORPORATION OF THE MUNICIPALITY OF
KIN ARDINE
(12) ransferee(s) Address
r Service 1475 Concession 5 R. R. #5 Kincardine Ontario N2Z 2X6
(13 Transferor(s) The tra.-u _ flat to the best d the _s kooMedge a'Id belief, It1s rnnsi9r does not ""'*""""" sedion 50 of the Plamng Þd.
Date of SigJature Date of Signature
Sig ature ¿K,ß~04 . 2;04 O~ iJ7 SilJ'ature .. .... ... .... ... .. Y . M D
Sol itor for Transfero .11 have explained the effect 01 section 50 01 the Planning Ad Ie the transferor and I have made inquiries of the transferor Ie
_ de. irJ!' that this trans dœs not contravene thai section and be!;ed on the. infonnation supplied by the transferor, Ie the best of my knowledge and
Š Ë: :~~g~~~:~~;;;' I am an Onabsadtoron ~i::g· !5fl¿~'L:;;40fS~~.j~?
(14) Solicitor tor Transferee(s) I have investigaled the title to this land and 10 abutting land where relevant and I am satisfted that the tiUe
recooJs reveal no con~avention as set oot in subclause 50(22)(c)(iQ of the Planning Act and that to the best of my knowledge and belief this transfer
does not cxmtravene sedion 50 of the I'IErriç /Jd. I act indepelloo rII¡I 01 the _ i:Jr the Iransferor(s) a'Id I am an 0Æri0 _ in good sIandng.
ent Roll Number I Cty. Mun.1 Map I Sub,
of Property
(16) "nlclpal Address of Property
Not ssigned
(15)
Graham E. Mahood
313 Lambton street
Kincardine, Ontario
N2Z 2Y8
Date of Si!J1ature
Y M D
Signature ~___^__~___
_ 2004 _~.l......_
Par.
Fees and Tax
~
i5 Registration Fee
w
'"
::>
w
o
Ii:
IL
o
a:
~
Not assigned
(17) Oocument Prepered by:
A. E. Robinson
Kirby, Robin & Treslan~
Barrlst Sollcllors
930 FI Avenue West
P. x 730
n Sound, Ontario
4K 5W9
Land Transfer Tax
Total
Pagel'
r Property Identifier(s) N°'1
Land Transfer Tax Affidavit
Land Transfer Tax Aàl'
ATTER OF THE CONVEYANCE OF (Insertbri<>ldescrlpUonolland) Firstly: Parcel 17-1. Section 3M-I83: Secondly:
'on 3M- 83
ofB
BY (print emes 01 aU transfero,. in full) Susan Kathleen Prvde
TO (print ames of all transferees In lull) The Corporation of the Municipalitv of Kincardine
IlWe hay personal knowledge of the fact. herein deposed to and MAKE OATH AND SAY THAT:
1. I a e are (place a clear marl< within the square opposNe the following paragraph(s) that describe(s) the capacity of the deponents):
o () the transferee(s) named in the above-<lescrlbed oonveyance;
IX] () the authorized agent or solicitor acting in this transaction for the transferee{s);
o () The President. VIce-President, Secretary. Treasurer. Director or Manager authorized to act for
(the transferee(s»;
o a transferee and am making this affidavit on my own behalf and on behalf of (insert name of spouse or seme-sex parfner)
who is my spouse or same-sex partner.
o () the transferor and 0 I am tendering this document for registration and
o no lax is payable on registration of this document.
.~
it
, ~
2. THE
(a)Mo
(b)Mo
OTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
. . . . , . . . . .. . . .
.$ 2.00
Nil All blanks
.$
.$ Nil must be fl1ted
· $ Nil in. Insert
· $ Nil "Nir where
· $ Nil applicable.
.$ 2.00$ 2.00
.$ Nil
.$ Nil
.$ ton
es paid or to be paid in cash . . . . .
ages (i) Assumed (principal and Interest) . . . .
(ii) Given back to vendor . . . . , . . .
(c) Pr arty transferred in exchange (detail below In pars. 5)
(d) oth r consideration subject to tax (detail below) . . .
(e) Fair market value of the lands (see Instruction 2) . . .
(f) Valu of land, building, fixtures and goodwill subject 10
La Transfer Tax (Total of (a) to (e)) , . .
(g) Val e of all chattels - items of tangible personal property
whi h are taxable under Ihe provisions Of the
Re il Sales Tax Act. .. .........
(h) Oth r consideration for transaction not Included in (f) or (g) above
(I) Tot Consideration , .. .........".,..
3.
pleted where the value of the consideration for the conveyance exceeds $400,000.00 ;!
ad and considered the definition of 'single family residence" set out in subsection 1 (1) of the Act. The land conveyed in the above-described conveyancá¡
s not contain a single family residence or contains more than two single family residences.
lains at least one and not more than two single family residences.
lalns at least one and not more than two single family residences and the lands are used for other than just residential purposes. The transferee has
Ingly apportioned the value of consideration on the basis that the consideration for the single family residence is $ and
remainder of the lands are used for purposes.
ubsecfion 2(1 Jib) imposes an addNional tax at the lite of one·he" of one parcent upon the value of the considelltion in excess of $400,000.00
ere the conwyance contelns et least one and not more than two single famlty residences and 2(2) allows an apportionment of the consideration
here the lands are used for other then just residenfial purposes.
4. If co eration is nominal, is the land subject to arty encumbrance? 0 Yes ~o
5. Other emarks and explanations, if necessary. The Transfer is given as fulf'Jlment of a Subdivision
A ree ent re . stered on title as Instrument number L T054533. There is no other consideration bein aid
ectl or Indlrectl in connection with this transfer.
e me at the MunicipaHtv of Kincardine
n of Bruce
"~,,
Sworn
intheC
B.
_ ~.L ~~~'3h^)1
Jo n de Rosenroll
Signature(s)
this day of Octoher
A Commi ioner for laking Aff'rdavils. etc.
Prope Information Record
A, nature of instrumenl: TransferlDeed of Land
of the COlþOfation rJ The
MunicipalityolKinean!i11ð
s of property being conveyed (If available)
I
ssmenl Roll No. (Ifa_) Not assÎjpled
C. Mallin
157
D.
E.
address(es) for future NotIces of Assessment under the Assessment Act for property being conveyed
Concession 5 R.R. 5 Kincardin Ontario N2Z 2X6
ration number for lasl conveyance Of property being conveyed (If availaÞle)
I description of property conveyed: Same as In C.Q) above. 0 Yes 0 No 0 Not known
(s) and address(es) of each transferee's solicitor:
ambton Stree Kincardine Ontario N2Z 2Y8
School upport (Voluntary Election) (See reverse lor uplanatlon) Yes No
(a) Are a Individual transferees Roman Catholic? 0 0
(b) II Yes do all individual transterees wish to be Roman Catholic Separate School Supporte..? 0 0
(c) Do all individual transferees have French Language EducatIon Rights? 0 0
(d) If Yes do all individual transferees wish to support the French Language School Board (where established)? 0 0
NOTE: to (c) and (d) the land being transferred will receive French PubIc School Board ElectIon unless othorwlse directed In (a) and (b).
0449H(02-G1)
i
*DTO
i:
I
UNDERT AKING..W Aß.RANTY, DI8.ECT{QN AN.Ð DECL1\MTIQN
The Corporation of the Municipality of Kincardine
Graham E. Mahood
its solicitor therein
Susan Kathleen Pryde (the "Vendor") sIt The Corporation ofthe Municipality of
Kincardine (the "Purchaser")
Blocks 17, 18 and 20, Plan 3M-183, Kuehner Drive, Kincardine, Ontario Canada
(the "Property ")
Closing Date: September 30, 2004
Our File No: 171078024
CONSIDERATION of and notwithstanding the closing of the above-noted transaction, the Vendor (or the Vendor's
a thorized representatives with respect to the declaration contained herein) hereby:
I Undertake(s) to
i. pay all realty taxes (including interest penalties and any re-assessments of the property) and utility accounts
owing for services, with respect to the Property, up to the date of closing.
i . readjust forthwith upon written demand any items improperly adjusted on or omittcd from the statement of
adjusttnents.
i'. deliver vacant possession of the premises on closing.
Covenants and Warrants that
the TransferlDeed of Land delivered in this transaction correctly shows the spousal status of the Vendor (or
each of the parties comprising the Vendor) and addresss for service.
I
~.
Authorizes and Directs the Purchaser to make the balance due on closing payable to the Vendor's solicitor(s),
or as the Vendor's solicitor(s) may otherwise direct and for so doing this shall be your full, sufficient and
irrevocable authority.
Deelares that the Vendor (or each of the parties comprising the Vendor) is
not and wìll not, on closing, be a non-resident(s) of Canada within the meaning of Section 116 of the Income
Tax Act of Canada.
i . (with respect to any individuals comprising the Vendor) at least eighteen years of age.
ND the Vendor, its authorized representatives, or each of the parties comprising the Vendor, as the case may be,
akes this solemn Declaration conscientiously believing it to be true and knowing that it is of the same force and
e ect as if made under oath.
he Vendor is executing this document to confirm its agreement to the terms and provisions above and to swear
t e Declaration so indicated above.
WORN before me at the City of Owen
ound this /7 day of September,
004. ./} c.
¿j¿~'Frl'J---ú--->--
COMMISSIONER ETC
)
¡ .d.K ¥
~ Susan Kathleen de
..c.,,:{i
,'~ ~'
... !, ~ '
.
<
.
-,
~
;.
'.
='
Page I of 29
SUBDIVISION AGREEMENT
TIllS AGREEMENT made in quadruplicate this ~ Ii... day of May, 2004
BETWEEN
SUSAN K. PRYDE
hereinafter called the "Owner",
of the First Part
-and-
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality",
of the Second Part
WHEREAS the Owner is the owner in fee simple of the lands described in Schedule "A"
attached hereto;
AND WHEREAS the Owner of the lands described in Schedule "A" attached wishes to develop
the lands by registering a plan of subdivision thereon;
AND WHEREAS the Municipality is prepared to permit the Owners to develop this subdivision
provided that they execute this agreement and meet its obligations;
AND WHEREAS the Owner represents that there are no Mortgages on the Lands.:
NOW THEREFORE TIDS AGREEMENT witnesseth that in consideration of other good and
valuable consideration and the sum of TWO DOLLARS ($2.00) of lawful money of Canada,
now paid by each of the parties hereto, (the receipt whereof is hereby acknowledged) the parties
hereto covenant, promise and agree with each other as follows:
1.0 ORDER OF PROCEDURE
1.1 Upon application to the Municipality of the preparation of an agreement, the Owner shall:
a)
pay a deposit of $1 0,000 to cover the initial costs of the Municipality; and,
b)
submit a general plan outlining the services to be installed.
c) sign a predevelopment agreement which includes:
i) the intent of the developer;
ii) the intent of the Municipality;
iii) a statement outlining the areas of study that will be required prior to the
Municipality agreeing to proceed with the development (by means of a
development agreement);
iv) a statement outlining the deposit amount of $10,000 and the tenns of its
use;
v) a general timeline for review of the development project.
1.2 Prior to signing this Agreement, the Owner shall:
a)
deposit with the Municipality securities and insurance as outlined In this
Agreement;
b) pay in full all outstanding taxes and local improvement charges; and,
Lome Creek Shores
Sixth Submission
April 26, 2004
,
.> "'-~ ,
.' ;1
II
.... , ....
.
,
.
,
.
.
Page 2 of29
c)
mutually agree with the Municipality concerning the parcel(s) of land to be
deeded to the Municipality for parkland or the amount of cash to be given to the
Municipality in lieu of parkland.
1.3
Prior to starting construction on the Services in the Plan, the owner shall:
a)
Have obtained final approval of the Plan from Bruce County and have had the
Plan registered,
b)
Deposit executed deeds to the Municipality, free and clear of all encumbrances,
for any land to be conveyed to the Municipality (such deeds to be deposited with
the Municipality prior to the CAO's clearance letter to the County of Bruce),
c)
Have submitted and obtained the Municipal Engineer's and Hydro One's approval
of the following, all to be done in accordance with the Municipality's approved
engineering standards:
Drainage Plan
Lot Grading Plan
Service layout for hydro, telephone, etc.
Road, sewer and watermain plans and profiles
d) Submit to the Municipality, the Ministry of the Environment's certificate of
approval for the stormwater management and collection system; and,
e) Provide written confirmation of having obtained the approval for drainage, road
crossings, encroachment, etc. of all authorities including the County of Bruce, the
Saugeen Valley Conservation Authority, the Ministry of Transportation of Ontario
and any other authority involved.
1.4 Prior to the sale of any lot and/or prior to the issuance of building permits the owner shall
have complied with all the requirements of sections 3.3, 3.15, 6.1(b), 8.2, 8.12(a), 8.12
(c), 9.1 and 9.3 of this Agreement.
1.5 Prior to any person occupying any building within the subdivision, the Owner shall have
complied with all the requirements of Section 9.1 of this Agreement.
1.6 The Chief Administrative Officer shall act as the Municipality's agent with respect to the
subdivision development agreement process.
2.0
LIST OF SCHEDULES ATTACHED
The following schedules are attached to and form part of this Agreement:
Schedule A: Description of Lands to Which This Agreement Applies, (herein called
"the Lands").
Schedule B: Plan of Subdivision, (herein called "the Plan").
Schedule C: Engineering Estimate of Construction Cost
Schedule D: List of Approved Engineering Drawings and Approved Road Cross
Section.
Schedule E: Construction Schedule: Time Limits for Completion of Works.
Schedule F: Additional Obligations imposed by the Municipality respecting this
Development.
Schedule G: Easements required to be granted to the Municipality and Hydro One.
Schedule H: Levies and Imposts
Lome Creek Shores
Sixth Submission
April 26. 2004
,.
"
~j
ft , "'!..
.. ,
..
w
-
.!
.' !
"
Page 3 of 29
3.0 INSTALLATION OF SERVICES
3.1 General
The Owner shall design, construct and install at his own expense and in good
workmanlike manner to the standards of the Municipality, and Hydro One.
3.2 Le!!al Planninl! and Enl!ineerinl! Costs
The Owner agrees to pay to the Municipality the cost of the Municipality's solicitor and
planner for all costs involved in processing and monitoring the Agreement and the Municipality's
engineers for reviewing of plans and specifications and for supervision and inspection on behalf
of the Municipality and in this regard shall deposit with the Municipality the sum of Ten
Thousand Dollars ($10,000.00) upon applying for the preparation of a subdivision agreement.
The Owner will be billed regularly for any costs incurred by the Municipality for legal fees,
planning and engineering fees and the owner shall reimburse the Municipality for all such costs
within 30 days of each billing. The Ten Thousand Dollar ($10,000.00) deposit shall be retained
by the Municipality as a float against any unpaid bills and any such deposit (or balance thereof)
shall be returned to the Owner upon expiration of the maintenance period.
3.3 Utilities
The Owner shall enter into such agreements as may be necessary with the Bruce
Municipal Telephone System, for installation or payment for telephone services and necessary
appurtenances to service the lands and such other matters as the authority properly requires. The
Municipality shall not be obligated to issue any building pennits until provided with
confinnation by the authority that the agreements provided for by this clause have been entered
into or other satisfactory arrangements have been made.
The Owner shall enter into such agreements as may be necessary with Kincardine Cable
T.V. Ltd., for installation or payment for cable TV services and necessary appurtenances to
service the lands and such other matters as the service properly requires. The Municipality shall
not be obligated to issue any building permits until provided with confirmation by Kincardine
Cable T.V. Ltd. that the agreements provided by this clause have been entered into or other
satisfactory arrangements have been made.
3.4 Consultinl! Enl!ineer
The Owner shall employ a registered Professional Engineer (hereinafter called the
Owner's Engineer) to assume responsibility for the design, general supervision and resident
supervision of the installation and construction of the municipal services required by this
Agreement. Upon completion of the installation of such services, the Owner's Engineer shall
provide, on a fonn acceptable to the Municipality, a Certificate of Completion stating that
municipal services have been installed in confonnance to the plans reviewed by the Municipal
Engineer and in confonnance to any certificates of approval from the Ministry of the
Environment.
3.5 Contractors
The Owner shall submit to the registered Professional Engineer appointed by the
Municipality (hereinafter called the Municipal Engineer) a list of all the contractors and sub-
contractors to be engaged in the installation of the municipal services and no contract for such
works shall be let by the Owner unless he has obtained written approval of the Municipal
Engineer for the contractors and sub-contractors.
3.6 Works to be Installed
The Works to be installed are set out in Schedule "C" of this Agreement. This schedule
is to set out the works in general terms only and shall not be construed as covering all items in
detail. If at any time and from time to time during the development of the Lands, the Municipal
Lome Creek Shores
Sixth Submission
April 26, 2004
.'
>1
.. . ...
.
.
,",,:'
t
. ,
. .
.
.
Page 4 of 29
Engineer is of the opinion that additional works are necessary to provide adequately any of the
public services required by the Plan, the owner shall, at his expense construct, install or perform
such additional works at the request of the Municipal Engineer.
3.7
Plans and Specifications
( a) Plans of Proposed Services
The Owner shall submit to the Municipal Engineer, five sets of plans, profiles, detail
drawings, specifications and, if required, calculations for the installation of all the
required municipal services. Such submission shall be in compliance with the standards
and specifications of the Municipality. Two sets will go to Hydro One.
(b) Grading Plan
Before commencing any grading or construction, the Owner shall prepare and submit to
the Municipal Engineer three sets of an overall grading plan. This plan shall specifically
show existing and proposed grades for all lot comers, block comers, centre lines of roads
and the centre of the minimum building setback line on each lot. It shall also indicate
existing ditches, natural watercourses and filled land.
(c) Drainage Renort
Before commencing any grading or construction, the Owner shall prepare a drainage
report, acceptable to the Municipal Engineer and the Saugeen Valley Conservation
Authority, that will describe how stormwater will be conducted through and ftom the site
and how erosion and siltation and their effects will be contained and minimized in the site
both during and after construction.
(d) Review and Approval
The Municipal Engineer shall:
(i) review the submissions with reasonable dispatch,
(ii) communicate to the Owner any corrections requisite for such compliance,
and
(üi) subject to any requisite corrections, endorse his approval on the three sets
of plans and specifications, retain one set for inspection purposes, return the
other set to the Owner and submit one set to the Municipality's Manager of Public
Works.
(e) Approvals
The Owner shall obtain the approval of the Saugeen Valley Conservation Authority, the
Ministry of the Environment and any government authority which is required in respect to
the installation of any municipal services contemplated by this Agreement prior to the
approval by the Municipal Engineer and the commencement of construction. Further, the
Owner agrees to carry out, or cause to be carried out the works recommended in the
drainage report to the satisfaction of the Municipal Engineer and the Saugeen Valley
Conservation Authority.
(f) Approved Engineering DrawinlZS
Schedule "D" lists the approved engineering drawings.
(g) As-Constructed DrawingS
When the municipal services are completed and prior to acceptance of said services, the
Owner shall provide the Municipality with As-constructed drawings in a digital format
satisfactory to the Municipality. The As-constructed drawings shall detail such matters as
roads, water, sewers and other utilities. Individual service connections shall be outlined
Lome Creek Shores
Sixth Submission
April 26, 2004
... . ~
.
.
.
,
..
.
.
, I
~¡
Page 5 of29
on a separate plan for each service. The infonnation provided shall be compatible for
insertion into the Municipality's GIS mapping system.
3.8
Schedule of Works
The Owner shall proceed with the construction and completion of the works in the
sequence set out in Schedule "E" to this Agreement.
3.9 Commencement of Construction
The Owner shall not commence construction of any of the municipal services required by
this Agreement without the approval of the Municipal Engineer and the Municipal Engineer must
be given 48 hours written notice of the Owner's intention to commence construction. Work
interrupted longer than 14 days shall not be resumed except after similar notification.
3.10 Provision if Work Not Satisfactory
In the event the Owner fails to install the municipal services covered by this Agreement
or fails to proceed expeditiously or fails to install the municipal services in accordance with the
specifications and requirements of this Agreement, then, upon the Municipal Engineer giving
seven (7) days written notice by prepaid registered mail to the Owner, the Municipality through
its employees, agents or contractors may, without further notice, enter upon the lands and
proceed to supply all materials and to do all the necessary inspection and works in connection
with the installation of the municipal services, including the repair or reconstruction of faulty
work and the replacement of materials which are not in accordance with plans or specifications
and to charge the cost thereof, together with the cost of engineering, to the Owner. It is
understood and agreed that upon such entry by the Municipality on the said lands, any monies
placed on deposit with the Municipality to ensure completion shall be forfeited by the Owner and
shall be applied towards the cost of any work undertaken by the Municipality, and in addition to
all other remedies it may have at such time, the Municipality may refuse to issue further building
permits until such remedial work has been completed and until such payment has been made to
the Municipality for such services that have been completed and are yet to be complete. Such
entry shall not be deemed as acceptance or assumption of the municipal services.
If, at any time, the work or construction of the municipal services referred to herein, in
the opinion of the Municipality, is not being carried out in accordance with the plans and
specifications or in accordance with good engineering practice, the Municipality may stop all or
any part of the work for any length of time until such work has been placed in a satisfactory
condition.
3.11 Authoritv to Insoect
The Owner agrees to pennit the Municipal Engineer or his agents to enter on the lands at
any time to inspect work and, if necessary, to make emergency repairs, at the Owner's expense.
Such entry and repairs shall not be deemed to be an acceptance of the services or an assumption
by the Municipality of any liability.
3.12 Use of Services bv the Municioalitv
The Owner agrees that the municipal services constructed by him may be used, prior to
acceptance by the Municipality, for the purpose for which they are designed. Such use shall not
constitute acceptance of the services and shall not relieve the Owner of any of his obligations.
3.13 Relocation of Existinl!: Services or Reoairs
The Owner agrees to pay the cost of relocating and repairing any existing services where
such relocation or repair is made necessary by reason of the construction of the services required
by this Agreement, and to adjust the grade of all manhole catchbasins, water service boxes,
valves, hydrants and valve chambers as may be required by the Municipal Engineer.
Lome Creek Shores
Sixth Submission
April 26, 2004
,. '. ,',
~
... ~ "'I.
.
·
.
"
·
·
Page 6 of 29
3.14 Oualitative or Ouantitative Tests
The Municipal Engineer may have qualitative or quantitative tests made of any materials
which have been or are proposed to be used in the construction of any municipal services
required by this Agreement and the costs of such tests shall be paid by the Owner.
3.15 Services Within Easements
The Owner agrees that he will not apply for building pennits for lots or blocks on which
easements have been imposed, or for lots or blocks immediately adjoining such easements, until
such time as an Ontario Land Surveyor has certified to the Municipal Engineer that the required
service or services have been installed within the limits of the easements or that the easement
descriptions have been adjusted in accordance with the location of the services as actually
installed.
3.16 Blastin!!
The Owner agrees that no blasting will be undertaken without the written CDnsent of the
Municipal Engineer.
3.17 Dama!!e
The Owner agrees to indemnify the Municipality for the CDst of damage done to curbs,
water service boxes and other services on existing streets or on any easements during
construction and building by anyone other than the Municipality.
4.0 MAINTENANCE AND REPAIRS DURING CONSTRUCTION
4.1 Roads Within the Plan
The Owner agrees to cany out all road maintenance, including dust treatment and
grading, until the roads have their final surface.
4.2 Snowplowin!! and Sandin!!
The Owner shall agree to provide, at his expense, snow removal with respect to all roads
on the Plan of Subdivision until such time as the two (2) year maintenance period for the above
ground services has expired and said services have been accepted by the Municipality.
In the event the Owner wishes the Municipality to provide the aforesaid snow removal,
the Owner shall hold the Municipality harmless with respect to any damage that may occur as a
result of said snow removal. The Owner further agrees to provide to the Municipality, the latter's
actual cost of said snow removal together with a Fifteen (15%) percent administration fee. Prior
to the Municipality providing the snow removal services as aforesaid, the Owner will, at its
expense prepare the road, service and ramp watervalves, catchbasins and manholes, as may be
deemed necessary by the Municipality. It is agreed that any maintenance performed by the
Municipality pursuant to this section shall be deemed to have been performed by the
Municipality as agent of the Owner and no action on the part of the Municipality pursuant to his
paragraph shall constitute an assumption by the Municipality of the said highways.
4.3 Sewers
The Owner agrees to maintain the storm sewers, manholes and catch-basins until final
acceptance and to clean the sanitary sewers if any material is deposited therein other than
ordinary domestic waste. Maintaining the storm sewers and catch basins includes filtering
against excessive sedimentation. Prior to final acceptance, the Owner agrees to clean all catch
basins and manholes and flush sewers with hydraulic flushers to the satisfaction of the Municipal
Engineer.
Lome Creek Shores
Sixth Submission
April 26, 2004
.'
.
·
·
·
~
Page 7 of29
4.4
Care of Access Roads and Other Services
All access roads and all appurtenances on road allowances giving access to the
Subdivision shall be maintained in good condition during construction and, if damaged, restored
by the Owner. The Owner agrees to apply calcium to the access roads, as needed and in
sufficient quantities to prevent dust problems. This shall include the removal of mud tracked
ITom the Subdivision which must be removed at the direction of the Municipal Engineer.
4.5 Dumuinl!: and Removal of Debris or FiJI
The Owner agrees neither to dump nor to permit to be dumped any fill or other debris on
nor to remove or permit to be removed any fill ITom any public lands, other than for the actual
construction of the roads in or abutting the subdivision, without the written consent or the
authority having jurisdiction.
4.6 Sil!:ns
The Owner shall erect signs at least 1.2 metres by 1.8 metres at each entrance to the
subdivision. The signs shall read as follows:
"Roads not Assumed by Municipality
Use at Your Own Risk"
These signs shall be installed prior to the start of construction and be removed after all
the services have received the certificate of Final Acceptance.
4.7 Erosion and Siltinl!: Control
The Owner must take all necessary precautions to prevent erosion and sedimentation of
sewers, ditches, culverts, slopes, etc. both within the development and downstream during
construction and completion of servicing of the subdivision. Failing adequate precautions being
taken, the owner will be responsible for correction of any damages and paying all maintenance
costs resulting therefrom.
5.0 ACCEPTANCE OF WORKS
5.1 Insuections
The Municipal Engineer shall advise the Owner in writing of the stages of construction of
which the Municipal Engineer requires the Owner to request inspections and the Municipal
Engineer shall effect such inspections without delay when requested.
The Municipal Engineer may require the owner to uncover for inspection purposes any
work which has been covered by back filling or otherwise before the Municipality has had a
reasonable opportunity to inspect any portion of the work.
5.2 Certificate of Substantial Comuletion and Acceutance
Upon completion of construction and installation of each stage of the municipal services
and satisfactory inspections thereof, the Owner's Engineer shall issue to the Municipal Engineer a
Certificate detailing that the work has been completed in the stages as laid out provided for in
this Agreement. The Municipal Engineer shall inspect the work and either accept or reject that
statement and make a recommendation to the Municipality concerning the acceptance of the
named services. Upon acceptance by the Municipality by resolution of Council the period of
guaranteed maintenance for that stage shall commence ITom the date of the last inspection.
5.3
Guaranteed Maintenance
The Owner guarantees all services constructed under this Agreement for a period of one
year except for road surfaces which shall be two years following the date of the last inspection
Lome Creek Shores
Sixth Submission
April 26, 2004
,
.
... :II .....
.
.
.
.
.
,
Page 80f29
noted immediately above. The Owner agrees to pay the Municipality immediately upon receipt
of a written demand, any expense incurred by the Municipality in making emergency repairs
during the guaranteed maintenance period.
5.4
Final AcceDtance
At the end of the period of guaranteed maintenance of each stage of the municipal
services, the Owner's Engineer shall issue to the Municipal Engineer, a Certificate
recommending final acceptance. The Municipal Engineer shall then complete the final
inspection of those services. At the first reasonable opportunity following such fmal inspection
of the services and any requisite corrections, which inspection shall not be unreasonably delayed,
the Municipal Engineer shall recommend to Municipal Staff final acceptance of the services and
the Council shall pass the necessary resolution accepting the services and assuming the
maintenance thereof.
5.5 Stae:inl! of AcceDtance
The inspections, preliminary acceptance and final acceptance of services shall be effected
in the following stages for the purposes of commencement of the period of guaranteed
maintenance and fmal acceptance of the services:
Stal!e I
- all underground services including water, sewers, hydro, cable T.V. and
telephone installed and tested and a Certificate of Substantial Completion
and Acceptance be issued by the appropriate authority.
- granular road sub-base
- all grading required before the issuance of a building permit including all
road allowances.
Stal!e II
- granular road base and base course of asphalt road paving
- all other above ground services not in Stage III
- concrete curb and gutter
StaI!eID
- fina1 course of asphalt road paving
- seeding or sodding of boulevards and parks
- all other items of municipal servicing which were not completed in
Stages I and II.
Upon issuance of the Certificate of Preliminary Acceptance of the Stage I services, the
period of guaranteed maintenance shall commence to run, as of the date of the last inspection
thereof, for all the Stage I services except the granular road sub-base.
Upon issuance of the Certificate of Preliminary Acceptance of the Stage II services,
the period of guaranteed maintenance shall commence to run, as of the date of the last inspection
thereof, for all the Stage II services.
Upon issuance of the Certificate of Preliminary Acceptance of the Stage III services,
the period of guaranteed maintenance shall commence to run as of the date of the last inspection
thereof, for all the Stage III services.
5.6 Subdivision Releases
Upon final acceptance of the municipal services by Council as set out in Section 5.4 of
this Agreement, completion of fina1 grading on the lot after construction of a dwelling or
dwellings to the satisfaction of the Municipality's Chief Building Official, completion of any
remedial work required by the Municipality and payment of all Municipal fees and accounts, the
Municipality will give a general certificate of release, such release to be prepared and registered
at the expense of the Owner. In addition, the Municipality may release individual lots on the
Plan of Subdivision on terms and conditions satisfactory to the Municipality.
Lome Creek Shores
Sixth Submission
April 26, 2004
'. 'I
... .. "', ~
.
.
.
.
Page 9 of29
5.7 ChaNe on Land
The owner charges the land with the performance of this Agreement.
6.0
DRAINAGE. LANDSCAPING AND DESIGN
6.1 Grade Control
Notwithstanding any of the provisions of this Agreement to the contrary, the Owner shall:
(a) Complete the drainage system including all grading, ditches, swales,
watercourses, ponds, drains, pipes, sewers, manholes, catch basins, service
connections, apparatus and equipment to service all the lands within the Plan and
adjacent thereto as required by and according to the drawings, plans, reports and
specifications approved by the Municipal Engineer. The Owner shall maintain the
complete drainage system, including clearing any blockage, until it is finally
accepted by the Municipality. The Municipality may connect or authorize
connections into the said drainage system but such connections shall not
constitute acceptance of the drainage system by the Municipality.
(b)
The Owner of a lot shall submit to the Municipality with an application for a
building permit, a site plan indicating the location of the proposed building and
driveway on the site and indicating that the proposed construction and grading
will comply with said Grading Plan. The said site plan will also indicate the
elevation of the top of the foundation wall of the proposed building which
elevation will also conform to the said Grading Plan. No building permits will be
issued until the said site plan has been approved by the Municipality's Chief
Building Official.
(c) The Owner of a lot shall submit with the building permit application for a lot, a
letter of credit or certified cheque in the amount of Fifteen Hundred ($1,500.00)
Dollars per lot to ensure that the Grading Certificate referred to in Section 6.1 (f)
and 6.1 (h) of this Agreement will be provided by the Lot Owner.
(d) Agree that no building permit will be issued for any construction beyond the
completion of the foundation wall until the Municipality's Chief Building Official
is satisfied that the elevation of the top of the foundation wall of the said building,
as constructed, conforms within reasonable tolerance to the elevation shown on
the said site plan and meets lot, zoning and building compliance.
(e)
The Owner of the lot shall complete all final grading of the said lot in conformity
with the Site Plan and Grading Plan.
(f) The Owner of the Lot shall submit to the Municipality a certificate completed by a
Professional Engineer or Ontario Land Surveyor acceptable to the Municipality,
which certificate shall evidence that the final grading of the said lot conforms to
the Grading Plan and site plan within reasonable tolerances as determined by the
Municipality's Chief Building Official and that as so graded, the lot will provide
for surface drainage in accordance with the site plan and Grading Plan. If and
when accepted by the Municipality's Chief Building Official, the deposit shall be
returned without interest to the Owner of the Lot less any costs incurred by the
Municipality under Clause 6.1 (g).
(g)
Be responsible for the drainage of all the lots and blocks within the Plan and shall,
on the sale of any lots or blocks, reserve such rights as may be necessary to enable
the Municipality to enter for a period of two years ftom occupancy of the dwelling
and undertake modifications to the surface drainage features of the said lots and
blocks in accordance with the lot Grading Plan agreed to by the Municipality.
The Owner of the lot agrees that, should drainage rectification become necessary
in the absolute discretion of the Municipality's Chief Building Official at any time
Lome Creek Shores
Sixth Submission
April 26, 2004
.~.,<":,,.o--
"
, .
.
.
.
.
.'¡
.
Page 10 of29
during the tenn referred to herein and the Owner of the lot fails to make such
rectification when so instructed by the Municipality, the Municipality may, at its
option, undertake the correction of such drainage situation and all costs over and
above the Fifteen Hundred ($1,500) deposit shall be charged back to the Owner of
the lot and shall include a management fee of fifteen (15%) percent of the cost of
labour and material. The Owner of the lot agrees that neither it nor its successors
or assigns will alter the grading or change the elevation or contour of the land
except in accordance with drainage plans approved by the Municipality.
(h)
When an owner of a lot is applying for a building pennit, details are to be shown
on the Site Plan of the proposed driveway construction. The Municipality
requires that the driveway apron from the back of curb to the property line to be of
a hard surface consisting of 50 nun of asphalt on a granular base consisting of 300
nun of Granular 'B' and 150 nun of Granular 'A'. Alternatives to the asphalt
surface driveway apron would be permitted subject to the approval of the
Municipality,
6.2 TopsoH
The Owner agrees that no topsoil shall be removed from the lands on the Plan, without
the written consent of the Municipality. Where it becomes necessary to temporarily remove any
topsoil, it shall be stock-piled and replaced on the lot or block to a depth of no less than 15
centimetres over the entire area not covered by buildings, driveways or paved areas. If the
existing topsoil on the site is not sufficient, additional topsoil will be supplied by the owner to
maintain the required depth over the area.
6.3 LandscapiDI!: - SoddiDI!: & Seedinl!:
(i) The Owner shall ensure that sod or hydro seed is placed on the unpaved portions
of all road allowances after all roads, walks, and curbs, are completed. The
Owner of the lot shall ensure that sod or hydro seed is laid on the front, side and
rear yards of all lots and blocks thereafter.
(ii) The Owner shall ensure that sod or hydro seed is placed on all designated parks in
the Plan as required by the Municipality during Stage III of the municipal services.
(iii) Sodding only, as opposed to seeding, shall be employed where, in the opinion of
the Municipal Engineer, it is warranted on account of topography, soil conditions
or drainage.
(iv) Sod shall be local No. I nursery sod. Seed shall be a mixture of No. 1 perennial
grass seeds compatible to the area; rate of spread to be as directed by supplier.
(v) Sodding and seeding shall be maintained by the owner until well established.
6.4 Sil!D for Subdivision
The Owner may erect signs advertising the development on lands described in Schedule
"A" to this Agreement as per the Municipality's sign by-law. The Owner shall remove any such
signs after three years from the beginning of construction. The Owner shall maintain the sign.
6.5 Survey Bars
Prior to final acceptance of the subdivision by the Municipality, the Owner agrees to
locate and, if necessary, replace all survey bars to the satisfaction of the Municipality.
Lome Creek Shores
Sixth Submission
April 26, 2004
.
"
.
",
.
.
.
.
'I
.
I
I
I
Page 11 of 29
7,0
ADMINISTRA nON
7.1 Re2istration of the A!!reement
The Owner agrees that this Agreement and the Schedules hereto or any parts thereof shall
be registered upon the title of the lands. The Owner shall pay to the Municipality all legal costs
incurred with respect to registration.
7.2 Servin!! of Notices
Unless otherwise specified in this Agreement, any notices required under the provisions
of this Agreement shall be given by prepaid registered mail or by personal delivery to the
following persons at the following addresses:
TO THE MUNICIPALITY:
CAO
The Municipality of Kincardine
1475 Concession 5, R.R. 5
Kincardine, Ont. N2Z 2X6
Susan K. Pryde
Box 1725
Port Elgin, Oot. NOH 2CO
TO THE OWNER:
The Owner shall supply the CAO of the Municipality with any changes in ownership and/or
address. The Municipality must then send any notices to new Owner and/or address.
7.3 Owner's Liabilitv
Until any services or work herein provided for is accepted by the Municipality, the Owner
agrees to indemnify and save harmless the Municipality ftom all actions or suits which may arise
either directly or indirectly by reason of the work done or the materials supplied by any of the
parties to this Agreement pursuant to any of the provisions of this Agreement.
7.4 Notice to Purchaser of Services to be Provided
The Owner agrees to notify, or cause to be notified, each and every purchaser of land
within the said subdivision of all the services to be provided for such purchaser.
7.5 Final Cooies of Plan
The Owner agrees to present the final copies of the Plan to the Municipality for
examination before they are presented to the County of Bruce for signature and before the
Municipality's final release is given and present same for re-examination before registration if
any changes are made thereafter.
7.6 CODV of Plan (Auto-Cad drawin!! on diskette)
The Owner agrees to lodge a diskette of the Plan together with twelve (12) prints as
registered with the Municipal CAO immediately after registration.
7.7 Final Release For Re2istration
The Owner agrees to submit to the Municipality's CAO, in order to expedite his final
release to the County of Bruce for registration, a detailed written submission outlining and
documenting how all conditions imposed in this agreement requiring his attention and action
prior to registration have been met and satisfied and outlining how all draft provincial conditions
have been met and satisfied.
Lome Creek Shores
Sixth Submission
April 26,2004
.
.
.
.'
Page 12 of29
8.0 FINANCIAL PROVISIONS
8.1 Performance Guarantee
Prior to the Municipality's release of the draft Plan of Subdivision to the County of Bruce,
the owner shall deliver an irrevocable Letter of Credit from a Chartered Bank or a Certified
Cheque in a form and amount satisfactory to the Municipality as detailed in Schedule "C", in
order to guarantee the completion of the works referred to in this Agreement. It is agreed that the
amount of the Letter of Credit or Certified Cheque may be reduced based on the construction
work that has been undertaken to date and subject to a review by the Municipality of the
remaining services to be completed.
Prior to the acceptance of services, and the release of the performance guarantee, the
Owner will post a maintenance guarantee in the form of a Letter of Credit from a chartered bank
or a certified cheque in the amount often percent (10%) of the value of the work satisfactory to
the Municipal Engineer. This letter of Credit or Certified Cheque shall cover all defects in the
construction of the said works and services for a period of two (2) years from the date of
acceptance of the said works and services, all in accordance with the requirements of Schedules
"D" and "E" attached hereto.
The Owner also agrees if a irrevocable Letter of Credit is used as Security that the
Letters of Credit referred to in this Section shall contain the following clause: "It is a condition of
the Letter of Credit that it shall be deemed to be automatically extended without amendment
from year to year from the present or any future expiration date hereof, unless at least 30 days
prior to the present or any future expiration date, we notifY you in writing by registered mail that
we elect not to consider this Letter of Credit to be renewable for any additional period."
8.2 Levies or Imposts
The Owner shall pay to the Municipality any levies or imposts as outlined in Schedule
UH".
8.3 I!m
The Owner shall pay in full all taxes and local improvement charges in arrears.
8.4 Insurance
Prior to commencing construction and installation of any of the services herein provided
for, the Owner shall supply the Municipality with a liability insurance policy in the amount of
One Million Dollars ($1,000,000) and in a form satisfactory to the Municipality's Solicitor
indemnifYing the Municipality, Hydro One, and the Municipal Engineer from any loss arising
from claims for damages, injury or otherwise in connection with the works done by or on behalf
of the Owner on the lands until the expiration of the guarantee period on all the services herein
provided for. The policy shall not have any exclusion for blasting. In the event any renewal
premium is not paid, the Municipality, in order to prevent the lapse of such policy, may pay the
renewal premium or premiums, and the Owner agrees to pay the cost of such renewals within ten
(10) days of the account being rendered by the Municipality. The premiums for this policy shall
be paid initially for a period of three (3) years.
8.5 Interest on Overdue Accounts
The Owner shall pay interest to the Municipality at the rate of 15 percent per annum on
all monies payable under this Agreement which are not paid on the due dates, calculated from the
due dates to the date of payment.
8.6
The Construction Lien Act. 1990
The Owner agrees that it will hold back in its payments to any Contractor who may
construct the services, such sums as are provided in accordance with the Construction Lien Act,
Lome Creek Shores
Sixth Submission
April 26, 2004
~-------'
"
, ,
.
t
.
.'
Page 13 of 29
1983, and will otherwise indemnify the Municipality against any claims, actions or demands for
Mechanics' Liens or otherwise in cOD11ection with the works and all costs in coD11ection
therewith, and on the demands of the Municipal Engineer will forthwith take such steps to
immediately discharge all Liens upon the services.
Notwithstanding anything to the contrary contained in this Agreement, the Owner
hereby agrees that the filing of any Liens pursuant to the Construction Lien Act, 1990, with
respect to the land described in Schedule "A" attached hereto, shall constitute a default by the
Owner of the tenns of this Agreement and shall entitle the Municipality to draw on any or all of
the Letter of Credit referred to in Section 8.1 of this Agreement and to utilize said draw to make
payment into Court of the holdback together with costs.
8.7 Parkland
In lieu of dedication of parkland or cash in lieu, it is agreed that the Developer will
manufacture and install a pedestrian bridge across Lome Creek to the satisfaction of the
Municipality with all costs being borne by the Developer up to a maximum of $18,000.00. Any
costs exceeding $18,000.00 shall be reimbursed by the Municipality to the Owner within 30 days
of final costs being established for the bridge.
8.8 Easements
The Owner agrees to convey such easements to the Municipality or Hydro One as
outlined in Schedule "0" as required by the Municipality, free from any encumbrances, and any
other further easements to be shown on the approved Engineering Plans to be approved by the
Municipal Engineer for the purposes set out therein.
8.9 Reserves
The Owner agrees to tenninate all dead ends and open sides of road allowances created
by the Plan in 0.30 metre reserves, as set out on the Plan and convey these and any other 0.30
metre reserves in the Plan in fee simple, free from encumbrances, to the Municipality.
8.10 Walkwavs
The Owner agrees to convey such public walkways to the Municipality as outlined on the
Plan free from any encumbrances.
8.11
Blocks 18 and 20
To be deeded to the Municipality for walkway and/or drainage purposes.
8.12
SVCA Conditions
Tree Retention
(a) Before commencing any tree cutting, grading, or site alteration on Lots 1 to 15,
inclusive, the Owner agrees to submit a Tree Retention Plan, prepared by a
qualified consultant, acceptable to the Saugeen Valley Conservation Authority.
This plan shall specifically show treed and vegetated areas to be pennanently
protected and indicate appropriate ecological management measures, and the
Owner hereby agrees to abide by said plan.
(b)
The Owner and all subsequent owners of Lots I to 15 inclusive shall cause each
purchaser of the lots to be made aware of the Tree Retention Plan and Lot Grading
Plan prior to entering into any agreement of purchase and sale of any lot, by
providing potential purchasers with a copy of this section of the agreement for
inclusion or reference in an agreement of purchase and sale of any of the said lots.
Lome Creek Shores
Sixth Submission
April 26, 2004
.
'i
.
,-
.
Page 14 of29
(c) Details of the Tree Retention Plan shall be incorporated into the Site Plan and the
approval by the Saugeen Valley Conservation Authority is required for each Site
Plan for each lot prior to the issuance of a building pennit.
8.13 Environmental Mitil!:ation Measures
(a) The Owner agrees to abide by the Environmentallmpact Study, by Aquatic and
Wildlife Services, dated August 1,2003, including the Recommended Mitigative
Measures and Conclusions.
(b)
The Owner agrees to submit a Monitoring Report, prepared by a qualified
environmental consultant, to the Saugeen Valley Conservation Authority and the
Municipality after two years but not later than three years following the issuance
of the first building permit within the subdivision. The Monitoring Report shall
reference the relevant Recommended Mitigative Measures and Conclusions in the
Environmentallmpact Study, by Aquatic and Wildlife Services, dated August 1,
2003, and the accompanying letter from A WS, dated November 20, 2003 to the
Saugeen Valley Conservation Authority. The report shall also include a site
inspection during the growing season, the status of the significant flora
communities, and lot clearing compliance (tree retention). The Owner agrees to
implement mitigative measures to address any negative impacts cited in the
Monitoring Report. It is acknowledged by the Owner, the Municipality, and the
Saugeen Valley Conservation Authority that the Owner shall take all reasonable
steps to carry out the requirements of this report, but that the Owner might not
have access to all lots.
8.14 Mortl!:al!:ee Becominl!: Owner
The mortgagee herein joins to consent to the tenns of this Agreement and agrees that in
the event the lands become vested in him, the mortgagee shall be required to comply with the
tenns to the same extent as ifhe had joined as owner.\
8.15 Block 17
To be deeded to the Municipality for environmental protection/setback purposes.
8.16 Water Charl!:es
In accordance with the Agreement between the Owner and the Municipality, dated
August 13, 2003, the Municipality is to provide to the Owner two (2) water service connections
at no additional costs to the Owner in exchange for a right-of-way for the construction of the
Kincardine Shoreline Water Distribution System. Lots 6 and 7 of the Plan of Subdivision are to
be considered to have the water charges paid in full with no further water charges being incurred
as associated with the construction of the Kincardine Shoreline Water Distribution System.
For all other lots, the Owner agrees to the option to have the capital costs of the
Kincardine Shoreline Water Distribution System spread over the fifteen (15) year debenturing
period as being offered by the Municipality to landowners within the service area.
As lots are sold within the Subdivision, subsequent lot owners (with the exception of Lots
6 and 7) will be responsible for the annual payments to the Municipality for the capital costs of
the watermain construction.
9.0 MISCELLANEOUS PROVISIONS
9.1 BuUdinl!: Permits
No building pennit shall be issued upon any lot or block and no building shall be
undertaken thereon until completion of Stage n of the municipal services. There shall be no
occupancy of any lot until completion of Stage n of the municipal services. The Municipality
Lome Creek Shores
Sixth Submission
April 26, 2004
. .
. ~
I
I
I
J
I
.
,
.
..
Page 15 of29
shall have the power to refuse to grant building permits with respect to any or all of the lots
shown on the Plan at anytime when the Owner is in default under this Agreement.
9.2
House Numbers
All street numbers for use within the proposed plan of subdivision shall be allocated by
the Municipality. The Owner shall furnish the Chief Building Official with a copy of the
Subdivision Plans as approved, upon which the Chief Building Official will designate the proper
number or numbers for each lot. It shall be the responsibility of the Owner to furnish the
subsequent purchaser of each lot with the correct street number. Please note that the house-
numbering plan shall be in accordance with the municipal 911 numbering plan and all Municipal
by-laws.
9.3 Street Süms
The Owner shall erect to the satisfaction of the Municipality's Manager of Public Works,
street and traffic signs prior to any building permits being issued.
9.4 Curbs For Disabled
The Owner shall construct all curbs located at intersections to accommodate easy access
by people in wheel chairs where sidewalks exist.
9.5 Gender
The word "Owner" or the words "he" or "his" where used in this Agreement, in addition
to their accepted meanings, shall mean and include an individual, an associate, a partnership or
an incorporated company and also includes heirs, successors and assigns. Wherever the singular
is used herein, it shall be construed as including the plural, and wherever the masculine is used
herein it shall be construed as including the feminine, and vice versa in all cases.
9.6 Authoritv
The Owner and the Municipality acknowledge that the supply of any Municipal services
to the lands which may be undertaken or on behalf of the Municipality must first receive the
approval, with respect to certain of the Municipal services herein referred to, of the Ministry of
the Environment.
9.7 No Waiver
The failure of either the Municipality or the Owner to insist upon the strict performance
of the terms and conditions hereof shall not constitute or be construed as a waiver or
relinquishment of either parties, rights to thereafter enforce the same in accordance with this
Agreement in the event of a continuing or subsequent default on the part of either party.
9.8 Severabilitv
It is mutually agreed that in the event that any clause or provision of this Agreement or
any part thereof shall be declared invalid, void or unenforceable by any Court having jurisdiction,
such invalidity shall not affect the validity or enforceability of the remaining portions of this
Agreement unless the result would be manifestly inequitable or unconscionable.
9.9 Non-Performance
It is agreed between the parties hereto that no party shall be held responsible for damages
caused by delay or failure to perform its obligation hereunder when such delay or failure is due to
fIres, strikes, floods, acts of God, lawful acts or public authorities, or delays which cannot
reasonably be foreseen or provided against.
Lorne Creek Shores
Sixth Submission
April 26,2004
. ,
,«
Page 16 of29
9.10
Owner's EXDense
.
Every provision of this Agreement by which the Owner is obligated in any way shall be
deemed to include the words "at the expense of the Owner" and "as approved or accepted by the
Municipality", unless specifically stated otherwise.
9.11 ComDlete Al!J'eement
This Agreement when executed together with all Schedules attached hereto as provided
for this Agreement shall constitute the entire Agreement between both parties and this
Agreement may not be amended, modified or tenninated except in writing signed by the parties
hereto.
9.12 Further Documents
The parties shall execute and deliver all documents and perfonn all further actions that
may be reasonably necessary under the provisions of this Agreement.
9.13 ComDliance with Law and Standard Practices
t
The Owner shall perfonn its obligations hereunder in compliance with any and all
applicable federal, provincial and local laws, rules and regulations, in accordance with sound
engineering and safety practices, and in compliance with any and all reasonable rules of the
Municipality relative to the Premises.
9.14 Indemnification of MunlclDalitv
The Owner, on behalf of itself, its successor and assigns in title, shall indemnify the
Municipality and the Municipal Engineer on a solicitor/client basis against all actions, suits,
causes of action, claims and demands whatsoever which may arise either directly or indirectly by
reason of the Owner undertaking this development.
9.15 Soil Conditions
The Owner acknowledges and agrees that any Municipal approvals, including (without
restricting the generality of the foregoing) zoning, subdivision and site plan approvals do not
verify or confirm the adequacy of soil conditions and the Owner accepts responsibility for soil
conditions, including soil contamination and agrees to comply with the Environmental Protection
Act and other legislation and the Owner agrees to indemnify and save the Municipality hannless
. ftom all actions or claims relating to soil conditions on the subject lands.
9. 16 ComDliance with Law
Nothing in this Agreement exempts the Owner or anyone claiming by or through or under
it ftom compliance with any by-law of the Municipality or any Statute or Regulation of Ontario
or any other law nor exempts it from any liability accruing to it as the Owner of the Lands.
."
Lome Creek Shores
Sixth Submission
April 26, 2004
"" '
.
·
·
·
Page 17 of29
BENEFIT AND BURDEN
IT IS DECLARED AND AGREED that this Agreement and the covenants, provisions,
conditions and schedules herein shall enure to the benefit of and be binding on the respective
heirs, executors, administrators, successors or assigns of each of the parties hereto.
IN WITNESS WHEREOF the Corporate seals of the Owner, the Municipality, Westario and/or
HO and the Mortgagee(s) are hereunto affixed under the hands of their proper signing officers in
that behalf.
SIGNED, SEALED AND DELIVERED )
(in the presence of) )
)
)
)
----~yvj~-C~------- ~
Witness )
)
---J~~-- 9j~.Q V ~ ~
Witness 1_~ )
)
)
)
)
)
)
)
)
)
)
)
)
-Æ?"",¿ ~~£~----__
Witness .,,~-
THE CORPORATION OF
THE MUNICIPALITY OF
KINCARDINE
--~AJ~_---
Mayor - Glenn Sutton
~-L-~~dI
. Õ--JOhn deRosenroll
NAME OF OWNER
-~~-~-cf(1! ~_____
Susan K. Pryde I
5A
Approved and Authorized by By-law No. 2004 enacted this
Lome Creek Shores
Sixth Submission
April 26, 2004
day of May, 2004.
, ¡
.,
.
'I
.
.i
Page 18 of29
SCHEDULE "A"
DescriDtion of Lands
Part of Lots 49 and 50, Concession 'A' in the fonner Township of Kincardine,
Municipality of Kincardine, as detailed on Reference Plan 3R-7901.
Lomc Creek Shores
Sixth Submission
April 26, 2004
.
.
.
ao,?
.
..
Page 19 of29
SCHEDULE "B"
Plao of Subdivision
Schedule "B" is a Preliminary Plan of Subdivision. This Plan will be forwarded for Registration
after Final Approval of the Subdivision.
Lome Creek Shores
Sixth Submission
April 26, 2004
~. "
, 'j
.
.
.
,
.
!, I ,
:Ii II
~ ,I,! !i
~I ,'I
~ 1:, ,
=ill i
¡ I.,; ¡
J l
..
I -
I I
I
T-I
I II
I I
I I
I:;;
I
I
I ~ I
I
II
:;¡I
I
I
I
I
121,
91
I
I
I
I I
~ ! I'Ï
I .
I
tJl
;'il
"I
9"
;;/'1.
I
I
I
~I
~I
1 I
.
I I
I;;/.
I~
I æ I
101
I I
I I
.- .- .-
I I I
, I ,
I,
II '
d
3:>Hv""".,.
o
11)__,_,
.....-r
I
'::t I..
.- .- '-,'1 'ï,:~ Χ \§
! !: ! pll'
:;¡ I
o ~~
ð; ¡!
~ 1!!",~2~! I
! ~~~I¡~ I J
;.~~ I~ ~ i~
-- ---~Ð
...._""-
-~=:
/
--- .-.
o
lfJ
f-
o
--'
--
_,_,
! ¡ ~ I
~.~
-
'"
....
........
¡
. ....
I 9
I
,
I'
II
I,
,I
.!
" I
II !
I'
" II ¡
~ I i I
:! !!P
Ii 'Is!
I
I
,.
II
i:.
"; III
','
1'1
i ¡iI,
h !"
If I
I' !
r !i! III
II
<
'I
I
'
I
I
:~I
.....
- ----
_--JL d.::" .."
--- .....~......-
-....... --
--- -.: ..::=:
J----
---.,
-;;.. --
--.-
.. .
1
I
I
,
,
.
II
"
;,
"
.1
I'
II!
-----, . - - .
.. Iii( .. 1m
id id
';J
-
.-
0>
v
"' IX)
, v
l>- Ii I
I
I
,
f-
1; 0
o~ --'
ú'-.»
V1;
°0
- ,...... . .
.- -
.- .-
, - .- ...
. I I" I .
;Î~'~¡S§
- -
- .-
_.- '":..... -
-.... --
........
-' .
I:UJdUa
i IlImm
1-
I
,
,
I
z
w 0
:><: œ:
« :::>
--' I
........
I .1
I "
I ¡I
'I :'
~1'âMII!
. ,. "I
. '"I'
I I' 'I
g..........!..... ¡ II.
I
!
, '
, 'I·
,-
,
i
.1
I
I
i
I
/
I
11] 1IIC 70~
/
ORIGINAL j"
¿ ~
~
o
tI
~
r
o
-<
'"
!Ø~- 2:
æ ~
~ at
8;;7 ß$
g
'"
..
Ii
"
~
18
r
o
-<
. >.
Z
DO
o
'"
..
Ii
È
O/'"/(J~
I" SHOR-E - - - -
- ~--
Ii -...".~
/Q,J."", if HI
25,09 (~"f' NJJ: ,_ .5/11 /..~
z , ~.'i"2S·~ / !
. '" "b~./, I
:;; $>Z~ g'î:o
:;¡. I g ( g§ ~ ¡g:J ~
I til "'....¡¡, g"..
5 Ii C- ~ È~ ~
-< I :l 0 ~~ ~ :-f
1\) -I -<:' -
~., .:!. !( ¡¡
los 5r~~
... .. ..
I t.I 'ª ~
i ~g
"t,:;¡
26.\0 \
..
NJ2W,O"!t
26.89 ~
..~ M2n8'2Ii"t
~'" 2M3 (1£1
~4-.;,'+ Rg /
.poli /.
~ C-
o 0
¡g -<
1/ OJ
",'
tI2'1e':z! 'E
21.'3 (1£1
..
"
~
C-
O
-<
(,,
z
g
~
"
II
II
~
g
~
~
..
.uoo m 21.00.
N 23' 34' -4$" E
27.00 III
~..
17.OQ III
2.7,00 æ
I
22.88~
z
II DO_
IJ~
! ï:;J
:{ PAR:
I"
KUEHNER
DRIVE
N 23" 34' 45" E
11/ 21." Ii! '0.00 III 2S.2O" 25.20"
182.16
25.20 ..
2$.20 m
2....20 GJ
2$,10
/¡
/' ..
~
~
C-
O
-<
œ
--
i ~
J .
.... ,
i '"
.
z ~ ;~~ ~
~ ~ ã DO Z ! g¡
~ .. ~ t;I c
3 .. .. g ~
~ ID C- ~ ~ g ~ Ii æll1!õ
C- O r- r- -' r-
ë¡ 0 .J -< Õ 0 ë¡ 0 ~ 0 -' r- Õ r- 'Ê 'i'JI
C- o c¡ .. -< -< 0 0 'Ê 0 ~-"
0 .. ^ .. .. -< .. -< -< it
--f 0 - .. ~ ~
¡g co 18 - .. I\J .. ¡g - 18 25.90
18 .. ~ '"
<0 ~ ¡t ~ ~ . >. " '" g
<! .. M
~'
.
..
."
I!!
!¡
,
~
::¡
iii
o
..
III 31.7< Ii
29.10 10.00
25.20 iI
211.20 ..
:zs.:zo Ii
25.20,. 24.20 a;
23..16 SQ
..
" "
N 2.3':)4' 41>" E
219.00
¡-
°0
~o
«"f\
.
.... ...
.
.
.
.
.~ !
SCHEDULE "C"
Engineering Estimate of Construction Cost
Lome Creek Shores
Sixth Submission
April 26,2004
Page 22 of 29
,.
~
.
,7
.
.1
'~
Project No. 01631 March 30, 2004
Table 1
0 Preliminary Cos1 Eatimate
lome Creek Shores Subdivision
PRYDE SCIIJ<J!'P M«:ntB INC.
COMlUltl"'INO""U
Item Contract Engineers Es1Ims1e
1.0 Road Works $ 58 275.00
2.0 Stonn Sewers $ 85 255.00
3.0 Electrical $ 33 400.00
4.0 Enoineerino $ 7 500.00
Totel Tender (excluding GSn $ 164,430.00
1.0 Road Works Quan Unl1 Unl1 Price Total
1.1 Earth Excavation 1,000 m' $ 2.50 $ 2,500.00
1.2 Fine Grading of Sub! rade 1 Is $ 500.00 $ 500.00
1.3 Hot Mix- Hl4 (40mm I-Base Course 270 lonne $ 50.00 $ 13,500.00
1.4 Hol Mix- Hl3 (40mm ¡..surface Course 270 tonne $ 50.00 $ 13,500.00
1.5 Granular 'A' (150mm 840 tonne $ 7.00 $ 5,880.00
1.6 Granular 'B' (2OOmm 1,000 tonne $ 5.00 $ 5,000.00
1.7 Concrele Curb and Gutter 465 m $ 28.00 $ 13,020.00
1.8 T oosoil Seed and Mulch 2.500 m' $ 1.75 $ 4.375.00
Total Section U $ 5& 275.00
2.0 Storm S_ers Quantltv Unit Unl1 Price Total
2.1 300 mm dia. Slorm Sewer 5 m $ 110.00 $ 550.00
2.2 450 mm dla. Stonn Sewer 21 m $ 125.00 $ 2,625.00
2.. 525 mm dia. Storm Sewer 77 m $ 160.00 $ 12,320.00
2.4 600 mm dia. Stonn Sewer 117 m $ 180.00 $ 21,060.00
2.5 600 x 600 Catchbasin 3 Each $ 1 ,000.00 $ 3,000.00
2.6 1200 mm dia. Precast Calchbasin 1 Each $ 3,000.00 $ 3,000.00
Manhole
2.7 1500 mm dia. Precast Catchbasin 1 Each $ 4.000.00 $ 4,000.00
Manhole
2.8 1500 mm dia. Precast Slonn Manhole 2 Each $ 3,500.00 $ 7,000.00
2.8 6oox6oo Ditch Inlet Catchbasin 1 Each $ 1,200.00 $ 1,200.00
2.10 Supply and Install Vortechs Stonnwater 1 Each $ 30,000.00 $ 30,000.00
Treatment System
2.11 Slonn Sewer Oullet C/W Rip-Rap 1 Is $ 500.00 $ 500.00
Total Section U S 85 255.00
3.0 Electrical
3.1 Hydro Servicing Including Services to lot 15 lots $ 2,000.00 $ 30,000.00
line
3.2 Street liahts 1 Each $ 3,400.00 $ 3,400.00
t.
Nota.:
1. The estimale of construction costs is provided for budgetery purposes only. This is 001 to be interpreted
as a guarantee by Pryde Schropp McComb, Inc. of the actual project cost. The final cost of the project
will be delennined by the tendering and construction process.
2. These prices do not include the 7% G.S. T.
3. Electrical prices are estimates only by PSMI : awaiting final cost estimate from Hydro One.
¡S:\Projec:ta\01831 Lome Creek Shores $ubdlvlslon\Cost Estimales\Cost Estimate Reviøed e;:: 0330CM.x18
~
,I
'I
.!
.
.
Sheet
No.
SPI
CI
C2
C3
C4
C5
C6
C7
C8
Dl
.
.
.;
SCHEDULE "D"
Page 24 of 29
List of Approved Engineering Drawings
and Approved Road Cross-Section
Description
Site Plan
Kuehner Drive Plan and Profile
Lot Grading Plan
Tree Retention Plan
Storm Drainage Plan
Miscellaneous Details I
Miscellaneous Details n & Typical Cross-Sections
Kuehner Drive Cross-Sections
Pedestrian Bridge - Lome Creek - Site Plan
Figure No. DI - Typical Road Cross Section
Lome Creek Shores
Sixth Submission
April 26,2004
Revision
No.
Revision
Date
4 2004-03
4 2004-03
4 2004-03
4 2004 - 03
4 2004-03
4 2004 - 03
4 2004-03
4 2004-03
4 2004-03
Enclosed
'. .
,
.
I~
0_
"'I>:
cnQ..w
I I >: ~
I-:I:
~~~ Q.
~~ð ~
13~
~
E ~ w~·~
0
E Ñ
. .
0
..; E .
¡;:;
oñ
I'
,~
¡q ;i
II>:
'E Ò
1::¡ o!
~
t 10
iN
i
,:
E
o
o
ci
E
o
Ñ
WOO' ~ ~
wseo :! f::I
1009'0 ~III
Q.O
g~
~
~
:i; !
n"
i~~ , !'~r
E 00<:1<0 :I.. E
0\ :: tJ
"! "'~¡¡¡ ¡'. '* J
.... ::J Q. :: .
IDID 0 ," .
;¡j{o:- .;.
!i::> "'~:
::;)0 :i::C:
9 :=;o~
.- :: ".~
---- ---
E
~
E '*
0
u>
E E
8 ~
ci ci
~
E
o
'*
E
¡;:;
,,;
ï I ~
z
~~
~
z ð
~
a'~-
~
(MIN)
1.70m
O!:¡
1>:::>
~~
~ 15S'
E 2::>
o~a:::!C:
. 00:>
~~~
gg
~~ '",
>:z
o 1-0
z_~:I:
~ ~~ð~
.~ I ~
~~
~
I>:
'"
~
III
2
0::
o
@W'<ID
~~S
0:: ::>::>
~~~
I-:;::I:OO
~~EE
Q. EE
~:!i0S!
:I:~j;)
~E
:I:E
E~
E
~
Ir
W
~
:::::>
"
.:ö
wOO
Zlr
-:::::>
(/)oU
WIr
1r«1
OU .
IZZ~
(/)520 .
-0
~ 1-.
WlI..UIrUJ
WOW I-
Ir (/)EZ
Uçth~
W...J(/)O
Z«ON
IrD..Ir
OUU
...J~W
~W
Ir
l-
(/)
...J
«
U
D..
ç
z
mo
UJ-
o:~
0>
J:i5
mID
",::>
UJm
::!o
o~
UJO
za.
0:0
lo~
f -'~
~
Z
00
«¡::
Oü
a::W
...Jf/)
«f/)
üf/)
-0
a. a::
Çü
~
~a
.~
~
.
"
...
~ I
! i i
~ ß:.; !
~~~-l
ð ~ ;1 s
<Z! z 'I ~
ê ~ I ~
~ II
...... ..
,.
.
-
t
.i
Page 26 of 29
SCHEDULE "E"
Construction Schedule
Time Limits for Completion of Works
I. Roadworks, curbs, hydro system including street lights, walkways, seeding, granular base
and base course of hot asphalt shall be completed not later than two years fÌ'Om the date of this
agreement.
2. Final course of hot mix asphalt shall be completed within one (I) year.
Lome Creek Shores
Sixth Submission
April 26, 2004
'. .
.
,
.
.~
.
.1
Page 27 of29
SCHEDULE "F"
Additional Obligations Imposed by the Municipality respecting this Development
There are no additional obligations imposed by the Municipality.
Lome Creek Shores
Sixth Submission
April 26, 2004
AI,,,-,, .'"
,
"
.
-
,
.
Page 28 of29
SCHEDULE "G"
Lands and Easements Required to be Granted to the Municipality and Hydro One
Lands required to be granted to the Municipality and Hydro One.
Municipality
Block 17 -
Block 18 -
Block 19 -
Block 20 -
Hydro One
None required.
Open Space
Walkway
0.3 metre reserve
Walkway
Easements required to be granted to the Municipality and Hydro One.
None
Lome Creek Shores
Sixth Submission
April 26, 2004
- -. r
"" !.
'. '
~
~
.
.
f
.1
.¡
. .
Page 29 of 29
SCHEDULE "H"
Levies and Imposts
There are no outstanding levies or imposts.
Lome Creek Shores
Sixth Submission
April 26, 2004
1
~-------". -
,
~- ._--------------..".~