HomeMy WebLinkAbout05 119 Agree Kerr Heating
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THE CORPORATION OF THE MUNICIPALITY OF KINCA INE
NO. 2005 -119
BEING A BY-LAW TO AUTHORIZE THE SIGN NG OF
A DEVELOPMENT AGREEMENT WITH TOM KERR EATING & AlC
LIMITED, JOHN FALKENBURGER, ROSEMARIE FA KENBURGER
AND MEAT CONSULTANTS INTERNATION INC.
WHEREAS pursuant to the said Municipal Act, Section
municipalities are provided with powers of a natural person t
govern their affairs as they consider appropriate and to enha
respond to municipal issues;
8 and 9 (1),
enable them to
their ability to
AND WHEREAS as a condition of severance, the owners f Part of Pt 1,
Kincardine Ave. N. PL 17R1720 and Pt of Park Lot 2 (Pt 2 3R-737397) are
required to enter into an agreement with the Municipality with re ard to municipal
servicing of Parts 1, 2 and 3 on Registered Plan 3R-8095;
AND WHEREAS the Council for the Corporation of the Municip lity of Kincardine
deems it expedient to enter into a development agreemen with Tom Kerr
Heating and AlC Ltd;, John Falkenburger, Rosemarie Falken urger and Meat
Consultants Intemational Inc. for municipal servicing of Part 1, 2 and 3 on
Registered Plan 3R-8095;
NOW THEREFORE the Council for The Corporation of th Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardin enter into an
agreement with Tom Kerr Heating & AlC Limited, Jo n Falkenburger,
Rosemarie Falkenburger and Meat Consultants Inter tional Inc. for
municipal servicing of Parts 1, 2 and 3 on Registered Plan 3 -8095.
, 2. That the Mayor and CAO be authorized to sign, on behalf 0 The Corporation
of the Municipality of Kincardine, the Agreement with Tom K rr Heating & AlC
Limited, John Falkenburger, Rosemarie Falkenburger and eat Consultants
Intemationallnc., attached to this by-law as Schedule "A".
2. This By-law may be cited as the "Tom Kerr Heating nd AlC Limited
Development Agreement (Pts 1,2.3 RP 3R-8095) By-law".
READ a FIRST, SECOND and THIRD time and FINALLY .PA SED this 3rd day
of August, 2005.
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Mayor"""
Clerk
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Development Agreement
CORPORATION OF THE MUNICIPALITY OF KlNC INE
DEVELOPMENT AGREEMENT
DEVELOPMENT AGREEMENT
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between
Tom Kerr Heating & AlC Limited
-and-
THE CORPORATION OF THE MUNICIPALITY OF
CARDINE
-and-
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John FalkeDburger
Rosemarie Fllkenburger
ADd
Meat Consultants International Inc.
Dated July--, 200S
The Corporation of the Municipality ofKincardin
1475 Concession 5, R. R. 5
Kincardine, Ontario
N2Z 2X6
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TBE CORPORATION OF THE MUNICIPALITY OF KIN ARDINE
INDEX
Section 1 - Interpretation.................._................._...._........................... ................................2
1.1 Dcfioitions..u............................ ................................. ............ ..... .... .......... ......... ..........2
1.2 List of Schedules........................................................................ .................................3
SectlOD 2 - Order of Procedure....._..._..........___............................... .................................3
Section 3 - IDstaDatlOD of Servlc::ea.................................._.................... .................................5
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
3.24
General....................................................................................... .................................5
Municipality's Legal and Engineering Costs............................. .................................5
Developer's Engineer................................................................ ..................................5
Works to be Installed ................................................................ ..................................6
Approval of Plans ..................................................................... ..................................6
Notification of COmmencement................................................ ..................................6
Progress of Works..................................................................... ..................................6
Scheduling of Works................................................................. ..................................7
Contractor ................................................................................. ..................................7
Utility Costs and Charges ......................................................... ..................................7
Access Roads ............................................................................ ..................................7
Movement ofFill..................................................................... ...................................7
Damage to Existing Plant......................................................... ...................................8
Sip........ ....................... .............. ........................... ...... ...... ..... ..... ......... .... .............. ...8
(deleted) .................................... ....... ........................... ...... ....... .. .......... ......... ..............8
Erosion and Silting Control..................................................... ...................................8
Emergency Access................................................................... ...................................8
Construction Refuse and Weeds.............................................. ...................................8
Dust COntrol............................................................................. ...................................9
(deleted) .... ...... .......................... ....... .................... ....... ...... ....... .. ..... ..... .......................9
Municipal Street Numbers ....................................................... ...................................9
Blasting ................................................................................... ....................................9
Driveways ............................................................................... ....................................9
Contaminants .......................................................................... ..................................10
Section 4 - Acceptance of Workl..._..._...._........................................ ..................................10
4.1
4.2
4.3
4.4
4.5
4.6
4.7
Stages of Construction and Services....................................... ..................................10
Inspection and Acceptance of the Works............................... ...................................10
Final Acceptance of the Works............................................... ..................................10
Acceptance During W'urter Months...........................................................................ll
Use of Works by Municipality............................................... ...................................11
Replacement of Survey Bars.................................................. ...................................11
Ownership of Services........................................................... ...................................11
Section 5 - Maintenance of Works ......................................._.............. ...................................11
5.1 Maintenance of Works........................................................... ...................................11
5.2 Road Maintenance ................................................................. ...................................12
5.3 Emergency Repairs ................................................................ ...................................12
Section 6 - Drainage and L~""Kape DesIp ._.................................. ...................................12
6.1
6.2
6.3
6.4
6.5
Drainage................................................................................ ....................................12
Preservation of Trees ............................................................ .................................... I 2
Lots Unsuitable for Building ................................................ ....................................13
Lot Grading........................................................................... ....................................13
Maintenance of Lot Grading................................................. ....................................15
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Index (cont'd)
· SeetlOD 7 - Lands to be CODveyed.............................................................. ...............................15
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7.1 Lands for Municipal Purposes.................................................. ................................15
7.2 Easements ................................................................................. ................................15
7 .3 (deleted) . ........................ ............................ ....... ............ ...... ...... ... ..... ......... ......... ......15
SeedOD 8 - Admlnl.tradoD............_........................................................ ...............................16
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
8.10
8.11
8.12
8.13
8.14
8.15
8.16
8.17
8.18
8.19
8.20
8.21
8.22
Voiding Agreement................................................................... ................................16
Developer's Expense ................................................................. ...............................16
(deleted) ............;........................................................................ ...............................16
Developer's Liabilities.............. ..................... ....... ...... ............... .......... ..... ............. ...16
Insurance .................................................................................... ...............................17
Legal Notice to Deve1oper......................................................... ...............................17
Registration ................................................................... ............. .. .............. ............. ..17
Assigmnent or Transfer ofMortgage......................................... ...............................17
Requirements for Building Permits ........................................... ...............................17
Requirements for Occupancy..................................................... ...............................18
Special Building PermitsIModel Homes.................................... ...............................19
Right to Enter into an Agreement.............................................. ...............................19
Successors and Assigns.............................................................. ...............................19
Notification to Purchaser ........................................................... ...............................19
Scheduling, Progress and Completion....................................... ...............................20
No Municipal Liability .............................................................. ...............................20
Assigmnent ................................................................................ ...............................20
Conflict ...................................................................................... ...............................20
Severability ..... ............. ........................... ............. ...... ................ .... ............... ......... ...20
Amendment...............................................................................................................20
Further Assurances..................................................................... ...............................21
Joint and Several......................... ................................ ....... ..... .... ...... ......... ............. ...21
Section 9 - Financial ProvlsioDl................................................................. ...............................21
9.1
9.2
9.3
9.4
9.5
9.6
Development Charges, Drainage and Local Improvement .........................21
Securities ........... .......................... .............. ................... ...... ........ ...... .............. ......... ..21
Reduction of Securities .............................................................. ...............................22
Statutory Declaration of ACCOWlts Paid..................................... ...............................22
Construction lien Act................................................................ ...............................23
Partial Release................. ............. ....... ........ ...... ...... ...... ...... ....... .. ..... ..... ........ ......... ..23
Section 10 - Special Provisions
- See Schedule "M" _...._......................................................... ...............................23
Seedon 11 - Signatures ......_...........I!........................._............................ ...............................24
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Index (cont'd)
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Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F"
Schedule "0"
Schedule "H"
. Schedule "I"
Schedule "f'
Schedule "K"
Schedule "L"
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LIST OF SCHEDULES
-- Description of Lands........................................................................................25
-- Plan ............................................................... ....... ........... '" .......... ..... .... ......... .26
-- Municipal Servicing Standards....................................... ................................27
- Checklist of Works to be Constructed............................ ................................39
-- Itemized Estimate of Costs of Construction of Bach P of the Works..........40
-- List of Lots Unsuitable for Building Purposes ............... ................................41
-- Owner's Final Grading Certificate.................................. ................................42
-- List of Lands for Municipal Purposes and Easements t be Granted
to the Municipality .......................................................... ................................43
-- No Occupancy Agreement.............................................. ................................44
-- Application for Reduction of Security........................... .................................45
-- Fonn of Partial Release.................................................. .................................46
-- Conditions of Consent.................................................... .................................47
Schedule "M" -- Special Provisions.......................................................... .................................48
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MUNICIPALITY OF KINCARDINE
DEVELOPMENT AGREEMENT
THIS AOREEMENT made in triplicate on the
day ofJuly 2005 D.
BETWEEN:
Tom Kerr HeatiDa &: AlC LimIted
hereinafter called the "Developer" of the FIRST P T
-and-
THE CORPORATION OF THE MUNICIPALITY OF
hereinafter called the "Municipality" of the SECOND
-and-
hereinafter called the "Mortgagee" of the THIRD P T
CARBINE
ART
WHEREAS the Developer is the owner of the Land described in Sched e "A" to this
Development Agreement (hereinafter called the "Agreement") and pro ses to create by consent
for the purpose of selling, conveying, or leasing lots.
AND WHEREAS the Developer declares that it is the registered owner f the lands and has
applied to the County of Bruce (hereinafter called the "County), for co ent to create certain lots
or blocks (hereinafter called the "Plan"), which is annexed hereto as S edule "B" to this
Agreement.
AND WHEREAS the Developer represents that the Mortgagee(s) is th only Mortgagee in
respect of the Lands.
AND WHEREAS the Municipality has been authorized by the County 0 require the Developer
to agree to construct and install certain municipal services as hereinaft provided and herein
referred to as the "Works" set out in Schedule "D" and to make finan al arrangements with the
Municipality for the installation and construction of required services ore final approval by
the County.
AND WHEREAS the word "Developer" where used in this Agreem
an Association, a Partnership, or a Corporation and wherever the .
be construed as including the plural.
includes an individual,
ar is used herein, it shall
NOW THEREFORE THIS AOREEMENT WITNESSETH that in co ideration of other good
and valuable consideration and the sum of One Dollar ($1.00) ofla money ofC.anAd'1, now
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paid by each of the parties hereto to each of the other parties hereto, (the re
hereby acknowledged), the parties hereto hereby covenant, promise and a
follows:
'pt whereof is
with each other as
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SECTION I-INTERPRETATION
1.1 Definidons
The terms defined in this Section 1.1 sha1l have the following meanings ess the context
expressly or by necessary implication otherwise requires:
"Agreement" means this Agreement titled "Development Agreement".
"Business Day" means any day that is not a Saturday, Sunday or statutory holiday in the
Province of Ontario.
"Certificate of Final Acceptance" means the certificate issued by the M . cipality after
satisfaction of the conditions identified in Section 4.3.
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"Certificate of Inspecdon Re: Readiness for Occupancy" means the . ficate issued by the
Municipality after satisfaction of the conditions identified in Section 8.10.
"Certificate of Pnllm1n..ry Acceptaø.ce" means the certificate issued b the Municipality after
satisfaction of the conditions identified in Section 4.2.
"Chief Admlnl-tradve Officer (CAO)" means the Chief Arlm;n;Rtrative Officer or delegate for
the Municipality of Kincardine.
"Chief BuUdlng Official (CBO)" means the Chief Building Official or d ignste for the
Municipality of Kincardine.
"Conservadon Authority" means the Saugeen Valley Conservation Au ority and its
successors and assigns.
"County" means the County of Bruce and its successors and assigns.
"DamageJLot Grading Deposit" means the amount of $2,500.00 per lot or block shall be paid
by the Developer or Owner to the Municipality by way of cash or letter 0 credit as described in
Section 8.9 of this Agreement.
"Developer" means, collectively, Tom Kerr Heating & AlC Limited and their respective
· successors and assigns.
"Land" means the real property which is the subject of the Plan, the Ie description of which is
attached as Schedule "An.
"Municipality" means the Corporation of the Municipality ofKincanr . and its successors and
assigns.
"Owner" means the Owner of a lot or block and may include the "Dev
"Plan" means the plan relating to the Land, a draft copy of which is a
"Public Works Manager" means the Public Works Manager or his des gnate for the
Municipality of Kincardine.
"Works" means the works anA services described in Schedule "D".
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1.2
Ust of Schedules
The following schedules are attached to and form part of this. Agreement:
Schedule "A" -- Description of Lands
Schedule "B" -- Plan
Schedule "C" -- Municipal Servicing Standards
Schedule "D" -- Checklist of Works to be Constructed
Schedule "E" -- Itemized Estimate of Costs of Construction of Bach P of the Works
Schedule "F" -- List of Lots Unsuitable for Building Purposes
Schedule "0" -- Owner's Final Grading Certificate
Schedule "H" - List of Lands for Municipal Purposes and Easements to be Granted
to the Municipality
· Schedule "I" - No Occupancy Agreement
Schedule "J" -- Application for Reduction of Security
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Schedule "K" - Fonn of Partial Release
Schedule "L" -- Conditions of Consent
Schedule "M" - Special Provisions
SECTION 2 - ORDER OF PROCEDURE
2.1 Upon appUeadon to the MUDicl.paIity for the pnparadon of Agreement the Developer
shall:
(a) Pay to the Municipality the sum of two thousand ($2,000. ) do11ars as a deposit
in respect of the Municipality's legal and engineering cos referred to in Section
3.2 (a) herein.
(b) Submit a Oeneral Plan outlining the services to be insta1l
2.2 Prior to Registering the Agreement the Developer shall:
(a) Deposit with the Municipality Securities and Insurance as outlined in the
Agreement.
(b) Pay in full any outVAniI;'lg taxes or drainage. local impro ement charges and
charges under the Municipal Act including outstanding er rates and/or water
rates.
(c)
Mutually agree with the Municipality on the parcel ofl
Municipality for pa1tland or the amount of cash to be giv
in lieu of Parkland.
to be deeded to the
to the Municipality
(d) Pay the amount in lieu of parkland to the Municipality or eposit the
TransferslDeeds of Land for the parkland with the Muni pality.
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(e) Deposit with the Municipality's Solicitor eight (8) copies 0 this Agreement
executed by the Developer, to be executed by the Municip ity and retained by
the Municipality's Solicitor for registration as hereinafter p vided.
(f) Deliver to the Municipality's Solicitor written authorizatio to register this
Agreement or Notice of this Agreement both before and registration of the
Plan. and a cheque in respect of the cost of the said r' 'ons where upon the
Municipality's Solicitor shall register this Agreement.
2.3 Prior to starting coDltruction on the Services, the Developer haD:
(a) Have obtained final approval of the Plan from the County have obtained
Registration of the Plan.
(b) Deposit executed deeds to the Municipality, ftee and clear f all encumbrances,
for any lands to be conveyed to the Municipality (and suc deeds to be deposited
with the Municipality) prior to the CAO's clearance letter the County of
Bruce.
(c) Have submitted and obtained the written approval of the unicipality's Engineer
for the following all to be done in accordance with the M . cipal Servicing
Standards of the Municipality:
· The Drainage Plan;
· The Lot Grading Plan;
· The Service Layout Plan for underground electrical
etc.;
· Final approved drawings for all Works required in Sch
Agreement.
(c)
Submit to the Municipality the Ministry of the Environm
Approval for the Water Supply and Distribution System,
System, and the Storm Sewer System and Stonn Water
t's Certificate of
e Sewage Collection
ement Works.
(d)
Provide written continuation of having obtained the
crossings, encroachment, etc. of all road authorities incl
County, Conservation Authority, the Ministry ofT
any other authority involved.
val for drainage, road
. g the Municipality,
tion of Ontario and
2.4
Prior to the sale of any lot anellor prior to the illuanee of b
Developer shaD:
g permits the
(a) Have complied with all requirements of Section 8.9.
2.5 Prior to any person occllpying any building, the Developer
(a) Have complied with all the requirements of Section 8.10
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SECTION 3 -INSTALLATION OF SERVICES
3.1
General
3.2
Upon approval of the Plan by the County, the Developer shall 'gn, construct and
install at his own expense and in good workmanlike manner to th servicing standards
of the Municipality as set out in Schedule "C" to this Agreement.
Municipality's Legal end Engineering Costs
(a) The Developer agrees to pay the Municipality's cost of the Municipal Solicitor
and of the Municipality's Engineer's invoices for the chec . g of plans and
specifications and for supervision and inspection on behalf of the Municipality.
(b) The Developer shall be invoiced regularly by the Munici ity for all costs
incurred by the Municipality with respect to this Agreem .
(c) The Developer sha1l reimburse the Municipality for all cos incurred by the
Municipality as refew:d to in Section 3.2 (a) herein, wi . thirty (30) days of
each billing, failing which the Municipality and its agents cease all work
with respect to the review of the Development.
(d) The deposit referred to in Section 2.1 (a) of this Agreemen shall be retained by
the Municipality as a float against any unpaid bills and deposit (or the
balance thereof, if any) shall be returned to the Developer t Final Acceptance of
the Development by the Municipality and the Municipali being satisfied, in its
discretion, that all costs in Section 3.2 (a) herein and any ntingencies with
respect to the Development have been paid in full.
(e) The Developer shall pay to the Municipality, on thirty (30 days written notice
from the Municipality, such amount as is necessary to . tain the deposit
referred to in Section 2.1 at the sum of two thousand ($2, .00) dollars, failing
which the Municipality and its agents sha1l cease all work ·th respect to the
review of the Development.
3.3 Developer's Engineer
The Developer shall employ engineers registered with Professio Engineers Ontario
and approved by the Municipality:
(a) To prepare designs;
(b) To prepare and furnish all required drawings;
(c) To prepare the necessary contract(s);
(d) To obtain the necessary approvals in conjunction with the Municipality, the
County Health Unit and the Ministry of the Environment, and others as required.
(e) To provide the field layout, the contract documentation the full time
supervision of construction.
(t) To maintain all records of construction and upon compl on, to advise the
Municipality's Engineer of all construction changes and prepare final "as
constructed" drawings. Digital files of the "as construct " drawings shall be
submitted to the Municipal ET\gÏneer and the Municipali prior to the issuance of
the Certificate of Final Acceptance. Digital files shall be' the format of
AutoCAD dxf or dwg files, coordinates ofUTM Nad 27 ne 17 North or UTM
Nad 83 zone North with and accuracy of 1 meter or less.
(g) To act as the representative of the Developer in all
construction.
pertaining to the
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(h)
timing provisions of
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To provide co-ordination and scheduling to comply with th
this Agreement and the requirements of the Municipality's
works specified in this Agreement.
(i) To provide certification that the installation of services was in conformance to
said plans and specifications, such certification to be in a fi acceptable to the
Municipality's Solicitor and the Municipality's Engineer.
G> To take such other actions as may be required by the Muni . pality, acting
reasonably, for the completion of the Development in acco with this
Agreement and good engineering practices.
3.4 Works to be InstaUed
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3.5
ent. This schedule
as covering all
elopment, the
necessary to provide
eloper shall, at his
request of the
The Works to be installed are set out in Schedule "D" to this
is to set out the works in general terms only and shall not be cons
items in detail. If at any time and from time to time during the
Municipality's Engineer is of the opinion that additional works
adequately any of the public services required by the Plan, the
expense, construct, install or perfonn such additional works at th
Municipality's Engineer.
Approval of PIIIDI
The detailed plans and specifications of all services must be sub ·tted by the
Developer to the Municipality's Engineer for endorsement of a val and such
endorsement of approval sha1l in no way absolve the Developer 0 its consulting
Engineers of responsibility for errors in or omissions from such P and
specifications.
3.6 Nodfteadon ofCommeneement
3.7
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The Developer sha1l not commence the construction of any of the works until the plan
has been registered and the Developer has provided 72 hours wri en notice to the
Municipality's Engineer of his intent to commence work. Shoul for any reason, there
be a cessation or interruption of construction, the Developer sha1l provide 72 hours
written notification to the Municipality's EI\gÍ1V'!P.I' before work is resumed.
Progress of Works
The Developer sha1l install all Works in a timely manner, in acco ce with the
requirements of Schedule "C" and this Agreement. Ifhe fails to 0 so, having
commenced to install the aforesaid works, fails or neglects to with reasonable
speed, or in the event that the aforesaid works are not being' ed in the manner
required by the Municipality, then upon the Municipality giving ven (7) days written
notice by prepaid registered mail to the Developer, the Municipal ty may, without
further notice, enter upon the said lands and proceed to supply all materials and to do
all the necessary works in connection with the installation of the . d works, including
the repair or reconstruction of fault work and the replacement of terials not in
accordance with the specifications, and to charge the cost thereo together with an
engineering fee of ten percent (10%) of the cost of such materi and works to the
Developer who sha1l forthwith pay the same upon demand. Ifth Developer fails to
pay the Municipality within thirty (30) days of date on the bill, th money owing may
be deducted from the cash deposit, letters of credit, or other . ties. It is understood
in the event that the Municipality must enter upon said lands and ve works completed
or repaired due to situations as outlined above any or all original ylars and
specifications prepared by the Developer's F.l1gineer must be over to the
Municipality's Engineer for his use should he require same. It is erstood and agreed
between the parties hereto that such entry upon the lands shall be as agent for the
Developer and sha1l not be deemed for any purpose whatsoever, an acceptance or
assumption of the said Works by the Municipality. The Munici ity, in addition to all
other remedies may refuse to issue building permits until such W rks are completely
installed in accordance with the requirements of the Municipality
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3.8
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3.9
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Without limiting the obligations of the Developer herein, if the D eloper shall default
on the performance of any term, covenant or provision of this A ent and if such
default shall continue for ten (10) days after the Developer receiv written notice of
such default by the Municipality (or such shorter time as may be r uired in the cases
of an emergency or other urgent matters or as otherwise provided or herein), the
Municipality may peafurn.. that obligation on the Developer's f and may enter onto
the lands constituting the Plan for this purpose. If the Municipali is compelled or
elects to incur any expense in connection with its performance of e Developer's
obligations (including any engineering or legal fees incurred in co ection with such
actions), any reasonable costs so incurred by the Municipality, to er with all interest
thereon and any damages incurred, shall be payable to the Develo er and shall be
collectible by the Municipality in like manner as municipal taxes. The Developer also
acknowledges and agrees that the Municipality has the right to w down any Letters
of Credit, cash or other security for the purpose of collecting any h expenses
incurred by the Municipality.
Scheduling of Works
Prior to the start of construction and prior to the issuance ofbuil . g permits, the
Developer shall supply for the approval of the Municipality's En eer a Schedule of
Works setting out the order in which he considers the various ons of the works
within the Plan will be built The Municipality's Engineer may end this schedule
and the Developer must construct, install or perform the work as e Municipality's
Engineer ftom time to time may direct.
Contractor
The said services sha1l be installed by a contractor or contractors . ed by the
Developer and approved in writing by the Municipality's EDgin
3.10 Utllity Costs and Charges
3.11
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3.12
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The Developer sha1l deal directly with all Utility companies. He
Engineer, shall obtain all approvals and permits and pay all fees
the appropriate Utility.
Access Roads
r his Consulting
charges directly to
All access roads must be maintained by the Developer in good . acceptable to the
Municipality's Engineer during the time of construction. This include the removal
of mud tracked ftom the Development as well as dust control. N roadway outside the
limits of the proposed Development may be closed without the Otten consent of the
Municipality. To obtain such consent, the Developer shall advise the Chief
Administrative Officer (CAO), not later than 14 days prior to the posed closure, of
the date, time and duration they wish to close a roadway. All co for advertising the
closure and signage sha1l be bome by the Developer. The Munici ity reserves the
right to limit or prohibit the use of any existing access road by th Developer.
Movement of Fill
The Developer covenants and agrees that it sha1l not dump nor 't to be dumped
any fill or debris on, nor sha1l it remove or permit to be removed y fill, topsoil, trees
or shrubs ftom any public lands, other than roads, without the wri consent of the
Municipality's Engineer. The Developer further agrees that no to soil shall be
removed from the lots and/or blocks except for construction ses within the
development and then such topsoil sha1l be stockpiled during operations and as
each building is completed. the topsoil so stockpiled shall be repl ced on the ground
around each building to comply with the Municipal standards, an the replacing of such
topsoil shall include all surfaces not covered by buildings, drivew ys or pavement
within the development. Excess topsoil may be removed ftom th site with the
approval of the Municipality's Public Works Manager.
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3.14
3.15
3.16
3.17
3.18
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Damage to ExistiDg Plant
The Developer shall repair any damage caused to any existing ro road allowance or
existing structure or plant located on the road allowance as a res t of the development
and shall pay for any costs involved in relocation of existing such as hydrants,
telephone poles, hydro poles, pad mount transformers, cubicles pedestals, etc.,
which may be necessary because of the development
(Deleted)
TestiDg
The Municipality's Engineer may have any qualitative or quanti
materials which have been or are proposed to be used in the cons . on of any of the
works required by this Agreement, or may require additional tel . sion camera or soil
tests to be carried out, and the cost of such tests sha1l be paid by e Developer within
ten days of the account being rendered by the Municipality. No herein shall
relieve the Developer of its responsibility to carry out any tests uired by good
engineering practice.
Erosion and SOdag Control
The Developer must take all necessary precautions to prevent ero . on and
sedimentation of sewers, ditches, culverts, slopes, etc., both wi . the Development
and downstream during construction and completion of servicing. Failing adequate
precautions being taken, the Developer will be responsible for co ecting any damages
and paying all maintenance costs resulting thereftom.
Emergency Access
The Developer shall at all times during construction and devel ent of the Works
maintain emergency access to the land to the satisfaction of the M 'cipality's
Engineer.
Construction Refuse and Weeds
The Developer, and each subsequent Owner of Lots or Blocks wi . the Plan, sha1l
regularly dispose of all construction refuse. debris or weeds wh it be from site
servicing or house building or any other source related to the deve opment of the site, in
an orderly and sanitary fashion. If the Developer or subsequent er of the Lots or
Blocks within the Plan fails to remove and dispose of constructio refuse, debris or
weeds to the satisfaction of the Municipality's By-law Officer, th Municipality may
give written notice to the Developer or iot Owner. If the Devel or each subsequent
Owner of Lots or Blocks within the Plan fails to dispose of the debris or weeds
within forty-eight (49) hours after receiving a written request fro the Municipality to
do so, the Municipality may, without further notice, undertake sue removal and
disposition and the cost thereof shall be paid by the Developer or subsequent
Owner of the Lots or Blocks within the Plan forthwith upon d which costs shall
include all expenses incurred by the Municipality in carrying out removal and
disposition. The burning of construction refuse. debris of weeds, hether it be from
site servicing or house building or any other source related to the elopment of the
site on any lands within the Plan is prohibited.
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3.20
3.21
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9
Dust Control
Until the Final Acceptance of all Services to be constructed under this Agreement, the
Developer shall use such reasonable method to prevent any dust blem to traffic or
home occupants as the Municipality shall deem necessary and for this purpose the
Public Works Manager sha1l notify the Developer in writing from time to time of the
requirements of the Municipality.
(deleted)
MUDleipal Street Numben
(a) All Lot, Block or building numbers for use within the Plan I be allocated by
the Chief Building Official (CBO). To obtain such allocati D, the Developer
sha1l furnish the CBO with a copy of the Plan as registered n which the CBO
will designate the proper numbers for each Lot, Block or bIding.
(b) The Developer sha1l display by means of a legible sign at I t I' xl' to be
erected on each Lot or Block within the Plan, the Lot or Bl number as shown
on the Plan and the street number and Lot or Block number or each Lot or Block
prior to the issuance of a Building Permit for that Lot or Bl k which sign shall
remain until such time as the building on such Lot or Block s occupied in
accordance with the provisions of this Agreement.
(c) Each Owner shall cause the street number so provided to be placed and
maintained in a conspicuous position in the 1Ì'Ont of the pro upon occupancy.
3.22 Blasting
3.23
The Developer agrees that no blasting will be undertaken without e written consent of
the Municipal Engineer.
Driveways
The Developer hereby agrees that the driveways for all lots will in a location and
have a width and design as may be approved by the Municipality. Without in any way
limiting the discretion of the Municipality, the location of the driv ays may be further
limited by special revision in Schedule "M" of this Agreement. F er, all driveways
for all lots in the plan should be located in a manner that will .. . the amount of
snow that will accumulate in the lot's driveway. The location of 'veways is
particularly important with respect to all corner lots located in the Ian, as these
driveways entrances must be located as far as possible 1Ì'Om the comer to
minimize the amount of snow that will block these driveways d . the Municipality's
efforts to remove snow.
Further, the Developer hereby agrees that he will be responsible t1 , or will provide for
agreements with subsequent owners, with respect to responsibility to complete all
driveway entrances, for their full width, with a hard surface consi . g of asphalt or
concrete pavement. This hard surface shal1 extend to the edge of e municipal road
allowance.
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eontJam1nl1lOts
In the event the Developer discovers any waste, contaminants, po lutants, hazardous
substances or any other similar substances that may be detrimen to the enviromnent
during the development of the lands constituting the Plan, the D eloper hereby agrees
to notify the Municipality and the Ministry of the Environment' ediately and take
all necessary steps and remedial efforts required by the Ministry fthe Enviromnent
and the Municipality to remove such waste, contaminA.,ts, pollu ts, hazardous
substances or other substances that could be detrimental to the en . omnent In taking
such action, the Developer sha1l fulfill all legislative requiremen for the remediation
and clean-up oflands constituting the Plan and shall comply with llegislative
requirements regull1lfing the removal, transportation and disposal f such waste,
contaminAnts, pollutants, hazardous substances or any other s" substances ftom the
said lands.
SECTION 4 - ACCEPTANCE OF WORKS
4.1 Stages of Construction ad Services
4.2
4.3
The Municipality will grant Preliminary or Final Acceptance of
three (3) stages of construction; and when the development is p
of each phase as approved by the Municipality. Stages of constru
'cing based upon
within the whole
'on are as follows:
(a) Stage 1 - consists of all underground Works including sto sewers and stonn
water management facilities, sanitary sewers. watennains d the completion of
Granular "B" J:'Oad base and a portion of the Granular "A" f¡ r a riding surface.
(b) Stage 2 - services shall include the balance of the road wor including granular,
curbs and gutter, base asphalt, grading of boulevard areas, nstruction of all
drainage swales and outlets, sidewalks, installation of street and traffic signs,
conduits, piping and facilities for the completion of electri servicing, street
lighting and other utilities such as gas, telephone and Cable .Y.
(c) Stage 3 - services including the final coat of asphalt, topsoil and sodding, trees,
fencing and any other requirements of this agreement.
Inspecdon ad Acceptance of the Works
When all of the services in any stage of servicing as identified e have been
completed and the Municipality's Engineer has been given writt certification by the
Developer's Engineer that such services have been constructed in ach stage in
accordance with the approved plans and specifications in this A ent and upon
satisfactory inspection by the Municipality's Engineer, the Muni . ality's Engineer will
recommend that the Municipality grant a Certificate of Prel" Acceptance. This
Certificate may include a list of minor deficiencies which the Dev loper must repair.
The services shall then be subject to a guaranteed maintenance '00 as described in
Section 5.1.
Final Acceptance of the Works
On receipt of a written request trom the Developer for final . . on and final
acceptance following completion of the guaranteed maintenance '00 outlined in
Section S.l, the Municipality's Engineer will complete an inspecti n and if there are no
deficiencies, will recommend to the Municipality that the Certifi te of Final
Acceptance be issued. This Certificate will be issued provided the Developer has
paid all accounts to the Municipality and the Municipality is:
.
Satisfied the applicable services have been completely'
ed;
.
Satisfied all repairs or maintenance work on the applicable
completed.
·ces have been
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and the Municipality has:
.
Approved the formal certification offinal completion from e Developer's
Engineer certifying that all Works and services have been' talled;
.
Received as-built drawings as detailed elsewhere in this A
4.4 Acceptance DurIng Wiater Months
cnt.
The Municipality will not be required to provide Certificates of liminary or Final
Acceptance during the winter months or any other time of year w en inspection of the
Works and services is impractical due to snow cover or other ad" conditions.
4.5 Use of Works by MlIDiclpaUty
The Developer agrees that:
(a)
(b)
(c)
The Works may be used prior to acceptance by the M
authorized persons for the purposes for which such wo
Such use shall not be deemed an acceptance of the W
Such use shall not in any way relieve the Developer of
respect of the construction and maintenance of the Wo
4.6 Replacement of Survey Ban
Prior to the final acceptance by the Municipality, the Developer
Chief Building Official (CBO) a statement from an Ontario Land
the completion of the work, he has found, in satisfactory conditio
survey monuments and iron bars as shown on the registered plan.
4.7 Ownership of Services
'pality, or other
were designed.
by the Municipality.
s obligations in
so used.
deliver to the
urveyor that after
or replaced all
Upon the issuance to the Developer of the Certificate of Final A tance, the
ownership of the services described sha1l vest in the Municipality the Developer
shall have no claim or rights thereto except those occurring as an wner of the lands
abutting the streets where such services are installed.
SEctION 5 - MAINTENANCE OF WORKS
5.1
Maintenance of Works
The Developer will be responsible for the repair and maintenance f all services
including hydro costs for street lights. until a Certificate of Final cceptance is issued
by the Municipality. This maintenance period sha1l extend for tw (2) years from the
date of the Certificate of Preliminary Acceptance for each Stage 0 the Works. During
this maintenance period, a 10% security holdback sha1l be retain by the Municipality
in accordance with the provisions of Clause 9.3 (e) of this agreem t. If during this
period, the Developer fails to carry out maintenance work within venty-two (72)
hours after receipt of the request from the Municipality, then the unicipality's
Engineer or Public Works Manager may, without further notice, dertake such
maintenance work and the total costs of such work, including eering fees, shall be
borne by the Developer. If the Developer fails to pay the Munici 'ty within thirty
(30) days of the date of billing then the money owing may be ded cted from the
deposited securities. Towards the end of the Maintenance Period, the Developer sha1l
make written request to the Municipality for a final inspection to e made in respect to
the issuance of the Certificate of Final Acceptance.
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5.3
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R0a4 Maintenance
The Developer will be responsible for the maintenance of the ro
constructed until final acceptance.
Summer maintenance sha1l include grading, dust control and gen
site. Winter road JIIaintenançe shall include all plowing, sanding
proper vehicular access within the Development.
clean-up of the
d salting to assure
In the event that proper maintenance or snow removal is not provi ed by the Developer,
the Municipality, through its servants, contractors or agents may vide maintenance
and/or remove snow without notice to the Developer. Such work 11 be carried out at
times deemed to be an emergency by the Public Works Manager. I costs of such
work sha1l be paid by the Developer within thirty (30) days of dat of billing or
otherwise may be deducted from the deposited securities. The eloper further agrees
that any work done by the Municipality pursuant to this contract b fore the roads are
accepted by the Municipality sha1l not be deemed in any way, to an acceptance by
the Municipality of the roads in the said Development upon whi such work is done.
The Developer acknowledges that the Municipality, in providing 'enRnce or during
snow removal, may damage or interfere with the works of the loper and cause
damage to such works and the Developer hereby waives all cl' against the
Municipality that he might have arising therefrom and covenants he will make no
claim against the Municipality for such interference or damage. taûon may be
made requesting that the Municipality consider entering into a sep te Agreement with
the Developer to undertake the winter road maintenance within th Development.
Emergency Repain
Employees or agents of the Municipality may enter onto the Land t any time or from
time to time for the purpose of making emergency repairs to any 0 the Works. Such
entry and repairing sha1l not be deemed an acceptance of any of Works by the
Municipality or an assumption by the Municipality of any liability in connection
therewith or a release of the Developer from any of his obligatio under this
Agreement.
SECTION 6 - DRAINAGE AND LANDSCAPE DESIGN
6.1
6.2
Drainage
All Lots and Blocks within the Plan and all lands abutting the Plan shall be graded to
drain in accordance with the Drainage Plan as approved by the M 'cipality's
Engineer. It is understood and agreed by the parties hereto that drainage of surface
waters on the Lots and Blocks in the Plan, are the sole responsibili of the Developer
and subsequent purchasers, and they sha1l to provide and maintain equate drainage of
such surface works. Satisfactory drainage outlets sha1l be provi . Drainage outlets
shall be constructed from the limits of the Development to a suffi ent outlet in
accordance with the approved engineering drawings.
PreservaUon of Trees
The Developer sha1l strive to preserve healthy trees, except for the actual area of
roadway construction, the installation of services, or the areas wi the building
envelope. No additional trees shall be removed without the Public Works Manager's
written permission.
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Lots Unsuitable for Building
Any lot which will require special attention in order to be servi will be listed in
Schedule "F" of this Agreement. Prior to the issuance of a buil . g permit for any lot
listed in Schedule "F", the Developer's Rl1gineer must submit a I to the
Municipality's Engineer optlin;rtg the measures to be taken to the problems on
the lots. This proposal must be approved prior to applying for a b lding permit.
Lot Grading
All Lands shown within the Plan sha1l be graded in general confo 'ty with the Lot
Grading Plan, including fill and excavation as required for the CuI width and length of
the grades and levels, and to the specifications, requirements and tisfaction of the
Municipality's Engineer; provided that for residential lots and bl ks, grading must be
brought within zero decimal five (0.5) metres of the final grade such further
residential development may complete the grading. All work don by the Developer
must be of such a nature as to ensure that the integrity and intent fthe overall grading
plan is functional until the Lands are fully developed.
(a)
Obligation to Grade According to Lot Grading Plan
(b)
The Lands sha1l not be graded except in general confo 'ty with the grades
and elevations shown on the Accepted Grading Plan. Plan shall bear the
signature ai1d seal of an Ontario Professional Engineer h lding a Certificate of
Authorization ftom Professional Engineers Ontario or w is employed by a
partnership or corporation holding such Certificate of A thorization to offer
professional engineering services to the public (h' called a
"Professional RI1gineer'') or a Registered Ontario Land S eyor who certifies
thereon that the Plan generally conforms with the Lot . g Plan attached
to the Agreement or filed with the Municipality's Engin
Certified Building Lot Site Plan
Subject to Section 8.9 herein, no building shall be co
Block within the Plan until a Building Lot Site Plan
Ontario Land Surveyor or Professional Engineer has
approved bv the Chief Building Official of the Munici
Lot Site Plan shall show:
on a Lot or
ed by a Registered
filed with and
'ty. The Building
· the proposed finished elevation of these lands at
block;
· the proposed finished elevation of these lands at the nt and rear of the
building;
· the proposed finished elevations of the underside of e footings and the
proposed finished height of the foundation of the b .
· the proposed finished elevation of any retaining wall , the proposed
elevation of any walk-out onto these lands from the ent of the
building, and the proposed fin;"bed height of the fo dation of the
building;
· the proposed fin;"hed elevation and slope of any driv ay and the
proposed location of any swale or rear yard catch bas .
· the location of eavestrough downspouts; no downspo will be allowed to
discharge in a sideyard between residences;
· any abrupt changes in the proposed finished elevatio of these lands;
· the service locations and the invert elevations of all unicipal services
· the Lot and Registered Plan nmnber, the municipal dress for the subject
Lot or Block and the proposed location of the buildin thereon in relation
to the Lot or Block boundaries.
The Developer hereby agrees that the existing property . e grades abutting
developed lands are not to be altered or disturbed, except as approved
otherwise by the Municipality's Engineer.
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.
The Developer sha1l complete such other actions as ma be required by the
Municipality, acting reasonably, to ensure that the Dev opment is developed
in accordance with the terms of this Agreement and g engineering
practices.
(c) Owner', Fina1 Grading Certificate
· The Owner's Final Grading Certificate must be co leted in the form
attached as Schedule "0" bearing the signature and of a Professional
Engineer or Registered Ontario Land Surveyor that actual finished
elevation and grading of these lands generally com with the Lot
Grading Plan and the Certified Building Lot Site PI
· If occupancy occurs between November 1 and May 1 next and an
Owner's Final Grading Certificate is not filed prior occupancy with the
Municipality's Chief Building Official, then the shall provide the
Municipality's ChiefBuilding Official with a wri undertaking to file
the said Owner's Final Grading Certificate with the unicipality's Chief
Building Official by the following June I.
. · When the Owner's Final Grading Certificate is by the
Municipality's Chief Building Official that the generally conform
with the Lot Grading Plan and the Certified Buildin Lot Site Plan, the
DamagelLot Grading Deposit .efoued to in Section .9 (g) is returnable to
the Owner subject to this Section and Section 8.9 ( of this Agreement.
· The Owner agrees that, should drainage rectificatio become necessary in
the absolute discretion of the Municipality, and the wner fails to make
such rectification when so instructed by the Munici ity, the
Municipality may, at its option, undertake the co . on of such drainage
and all costs over and above the two thousand, five undred dollar
($2,500.00) deposit shall be charged back to the er and sha1l include
a management fee of 15% of the cost oflabour and . al shall be a
charge against the Lot or Block for which regarding as carried out and
shall be payable forthwith. The Owner agrees that . ther it nor its
successors or assigns will alter the grading or chang the elevation or
contour of the Land except in accordance with ge plans approved
by the Municipality.
. (d) ObUgaöon to MaIntain Grading
After the building or Block is graded in accordance with the Lot Grading Plan
and the Certified Building Lot Site Plan, no change sha1l be made to the actual
finished elevation and grading of the building Lot or Bl in any way that
results in a material alteration of drainage on or across e building Lot or
Block or adjacent lands from that shown on the Lot . g Plan for the
adjacent lands or the Owner's Final Grading Certificate r the building Lot or
Block.
(e) Preveadoa of 8añaee Water Flow
The Developer and each subsequent owner shall not bl impede, obstruct
or prevent the flow of surface water as provided for in Drainage Plan, the
Lot Grading Plan or the Certified Building Lot Site Plan ver any Lot or
Block by ~e construction, erection or placement thereo of any damming
device, building, structure or other means.
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(I)
Erosion Control
The Developer shall construct silt fences or other facili es as required during
construction to control overland flows ftom this Devel ent to ensure that
mud, silt, construction debris, etc. does not adversely ect abutting
properties, all to the specifications of the Municipality's Rngineer.
6.S MaJntenance of Lot Grading
All lot grading and drainage facilities and works required by S
this agreement shall be provided and maintained by the Develo
of each individual lot ftom time to time, in pe¡petuity at such
expense.
on 6 or elsewhere in
or subsequent owner
's sole risk and
Should, for any reason, the Developer or subsequent Owner fail t
grading, they acknowledge that the Municipality, in receiving
certificates as required in this agreement, absolves itself of any
responsibility for such lot grading save and except for those w
easements.
mAintaill that lot
fied lot grading
er interest or
on registered
SECTION 7 - LANDS TO BE CONVEYED
7.1 Lands for MUDiclpal PurpoIeI
The Developer shall convey in fee simple a good tide ftee from brances to the
Municipal lands for municipal purposes other than roads, which I be mutually
agreed upon by the Owner and the Municipality, or to make a payment in lieu
thereof as stipulated by the Municipality and also to convey to the unicipality in fee
simple, the 0.3 metre reserves and other lands required by the M . cipality. The deeds
for the said lands are to be approved by the Municipality's Solici and thereafter
forthwith registered and deposited with the CAO. The cost for p tion and
registration of the said deeds sha1l be paid by the Developer. A Ii of lands for
municipal purposes to be conveyed to the Municipality shall be set out in Schedule "H"
of this Agreement.
7.2 Easements
The Developer agrees to grant at his expense all such easements
may be required for the installation and supply of services to the D
of easements and right-of-ways to be granted to the Municipality
Schedule "H" of this Agreement.
right-of-ways as
elopment. A list
I be set out in
7.3 (Deleted)
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SECTION 8 - ADMINISTRATION
8.1
8.2
8.3
8.4
Voiding Agreement
In the event that the Plan is not registered within one year from date of the signing
of this Agreement, the Municipality may at its option declare this Agreement to be null
and void. All costs incurred sha1l be deducted ftom the deposit p 'd by the Developer
to the Municipality pursuant to this Agreement or any other agr ent between the
Developer and the Municipality referred to herein.
Developer's Expense
Every provision of this Agreement by which the Developer is ob 'gated in any way
shall be deemed to include the words "at the expense of the Dev oper" and "as
approved or accepted by the Municipality", unless specifically ted otherwise.
(Deleted)
Developer's Liabilities
Until the Municipality has issued the Certificate ofFina} Accep ce for the Works, the
Developer hereby indemnifies and saves bannless the Municip ity against all actions,
causes of action, suits, claims and <\e1l1AQrls whatsoever which ay arise either directly
or indirectly by reason of the Developer undertaking the Plan.
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8.6
8.7
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17
la'tII'anee
The Developer shall insure against all damages or claims for ge in an Insurance
Company satisfactory to the Chief Administrative Officer (CAO) Such policy or
policies shall be issued in the joint names of the Developer, the unicipality and the
Municipality's Engineer and the fonn and content shall be subj to the approval of the
Municipality. The minill'um limits of such policies sha1l be $2, ,000 all inclusive,
but the Municipality sha1l have the right to set higher amounts. e said insurance
policy sha1l include a provision that requires the insurance comp y to provide the
Municipality with thirty (30) days notice of tennination of such licy. The policy
shall be in effect for the period of this Agreement including the 'od guaranteed
maintenance pursuant to Section 5 of this Agreement. The i ce of such a policy of
insurance shall not be construed as relieving the Developer from responsibility for other
or larger claims, if any, for which he may be held responsible.
Legal Notice to Developer
Any notice required to be given hereunder may be given by re . ered mail addressed
to the Developer at his principal place of business and shall be ective as of the date
of the deposit hereof in the Post Office.
Regiltradon
The Developer consents to the registration of this Agreement n the title to the Land
both before and after registration of the Plan at the sole discreti n of the Municipality
and at the expense of the Developer,
8.8 Assignment or Tnntfer of Mortgage
8.9
The Mortgagee, if any, agrees that in the event ofhim assignin
mortgage on the lands, the assignment or transfer shall be subj
the same manner as if the assignee or transferee had executed
or transferring the
to the terms hereof in
. s Agreement
Requiremenu for BuDding Permits
The approval of the Plan by the Municipality or the acceptan by the Municipality of
the Works shall not be deemed to give any assurance that M . cipal building permits,
when applied for will be issued in respect of the Lots or Blo shown on the Plan.
Notwithstanding the foregoing, the Developer agrees that it, 0 anyone claiming titled
from it or under its authority, shall not apply for any building 'ts for Lots or
Blocks within the Plan until all requirements hereinafter set 0 have been carried out to
the satisfaction of the Municipality, It is agreed that a copy 0 this Section 8.9 shal1 be
delivered by the Developer to each and every Purchaser of within the Plan and to
each and every Builder obtaining a Building Pennit for any t or Block or part of a
Lot or Block within the Plan and the Developer sha1l extract covenant similar to this
covenant from all such Purchasers and Builders. The Munici 'ty shall have the right
to refuse any such application until:
(a) Prelimiroary Acceptance has been granted by the Muni 'pality for Stage 1
servicing for that phase of the Development.
(b) The Developer has provided sufficient documentation the Municipality's
Engineer confirming that electrical distribution and lighting and the
relTlaini"g underground services, telephone, cable tv., and gas are being
scheduled for installation; and will be completed wi six (6) weeks or the date
of issuance of the building permit.
(c) Approval of the Municipality has been obtained for construction of any
buildings to be erected on Lots or Blocks that may be isted in Schedule "F"
hereto.
'y.,;-
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(d) A certificate has been given by the Municipality's ChiefB . ding Offiq¡al that
the building location is in compliance with the zoning by-l of the I
Municipality.
· (e) The signs denoting "Unassumed Roads" have been install at the en~ces to
the Development.
(f) All dead trees within the limit of the Plan have been remov
(g) All street identification signs required by this Agreement ve been installed and
are in place;
(h) Payment to the Municipality in the amount of$2,5oo.oo as a Works DamagelLot
Grading Compliance Deposit (herein "DamagelLot Deposit'') per Lot or
Block in the Plan of which the sum of$ 1 00.00 is non-re dable.
The balance of the DamageILot Grading Deposit shall be r fundable in whole or
in part after the building has been constructed, an Owner's ina1 Grading
Certificate has been filed with and accepted by the Munici ity's Chief Building
Official and the required service connections have been m e and all damages to
the Works which form the subject matter of this Agreem resulting &om house
· building and/or landscaping activities on the subject Lot or Block have been
repaired to the satisfaction of the Municipality's ChiefBui ding Official and
Municipality's Works Superintendent.
(i) With respect to repair of damage to the Works, in the even that the Owner fails to
repair the dAmAge to the Works when so instructed by the unicipality's Chief
Building Official or the Municipality's Works Superintend t, the Municipality
may, at its option, undertake the repair of such damage all costs over and
above the $2,500.00 deposit shall be charged back to the er and shall include
a management fee of 15% of the cost of labour and materi . This shall be a
charge against the Lot or Block for which repairs were . ed out and sha1l be
payable forthwith.
(j) Payment to the Municipality by cash in the amount of the t applicable
Development Cbarge(s)'per Lot or Block in the Plan und the Development
Charges By-law of the Municipality.
(k) A Certified Building Lot Site Plan has been filed with the . efBuilding Official
of the Municipality pursuant to Section 6.4 (b).
· (I) The Developer agrees that the preceding requirements in . Section 8.9 are in
addition to and not in substitution of the requirements of e Ontario Building
Code Act as amended and regulations thereunder with res to the issuance of
Building Permits.
8.10 Requirements for Occupancy
Subject to Section 8. i 1 herein, no building erected on the Lots or Blocks within the
Plan shall be occupied until a Certificate of Inspection re: It for Occupancy
has been issued by the Municipality's Chief Building Official the said Certificate
shall not be issued until:
(a) Preliminary Acceptance has been granted for Stage 2
the Development including the Lot or Block.
(b) The roadway &om the entrance of the Development to including the lot or
block of which the building is a part, has received the course asphalt.
(c) The electrical distribution plant including street lights ve been installed and
· approved by the Utility.
(d) The traffic and street signs have been installed and app ved by the
Municipality's Engineer.
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Subject to Section 6.4 (c), the final grading of the Lot or Bl ck is in conformity
with the overall grading plan or such variances thereftom have been approved
by the Municipality's Chief Building Official pursuant to 'on 6.4 (c).
The telephone lines, cable T.V. and gas mains have been' talled and approved
by the Municipality's Engineer.
The Developer agrees that the preceding requirements in s Section are in
addition to and not in substitution of the requirements ofth Ontario Building
Code Act as amended and regulations thereunder with to certificates for
occupancy.
8.11
Special Building Permits I Model Homes
·
Pursuant to Section 8.9 building permits are not obtainable until ertain services are
installed and approved by the Municipality's Engineer. The M . cipality agrees that if
the Developer or Owner wishes to obtain a building permit prior 0 the installation of
services. as set out in Section 8.9, a permit may be issued provid the Developer or
Owner has executed a No-Occupancy Agreement (Schedule "r') and the Municipality
may require a deposit or Letter of Credit as a guarantee of no-o pancy. In the event
that the Developer or Owner fails to meet all the requirements out in Section 8.9 or
8.1 0 for any building permit that is issued pursuant to the Devel per's delivery of a No-
Occupancy Agreement, the Developer hereby acknowledges the deposit shall be
immediately forfeited to the Municipality. Such failure to meet e obligations shall
constitute a breach oftbis Agreement and the Municipality may immediately draw
down any security held under this Agreement to complete any ork required or fulfill
any other requirements of Section 8,9 or 8.10 for any model ho e that was built
pursuant to this Section 8.11.
8.11
Right to Enter into an Agreement
·
The Developer agrees not to call into question directly or . y in any proceedings
whatsoever in law or in equity any administrative tribunal, the . ght to the Municipality
to enter into this Agreement and to enforce each and every , covenant and
condition herein contained and this Agreement may be pleaded as an estoppel against
the Developer in any such proceedings.
The Developer acknowledges that the Municipality is entering to this Agreement and
approving the Plan on the express representation of the Develo that it and its
successors and assigns sha1l observe and perfonn all the provi 'ons of this Agreement
and that the Municipality is of the opinion that the Plan would ot be in the public
interest if the Developer, its successors and assigns, the owner r owners from time to
time of the land within the Plan were not obligated to observe d perfonn all the
provisions hereof except to the extent the Municipality may la ly change them.
8.13
Suceesson and Assigns
The covenants, agreement, conditions, and undertakings h
the Developer sha1l run with the land and sha1l be binding
successors and assigns as owners and occupiers of the said
. contained on the part of
it and upon its
ds ftom time to time.
8.14 NotUleadon to Purebuer
·
The Developer sha1l in every Agreement of Purchase and Sal
pertaining to any Lot or Block within the Plan notifY each p
payments to be made by the purchaser to the Municipality p
and all of the provisions of this Agreement which shall con .
completion of the sale. Further, the Developer sha1l furnish
included in the purchase, specifying those installed and thos
additional cost.
or Offer to Purchase
er of all of the
t to this Agreement
in force after the
list of those services
to be installed at no
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SchedullDg. Progress aad CompleUon
The Developer sha1l commence construction of services within ei teen (18) months of
the signing of this Agreement or the registration of the Plan whic ever is earlier.
Within eighteen (18) months of the date of commencement of the servicing of any
phase, the Developer sha1l complete the installation of the Stage 1 services. In any
phase, the top coat of asphalt sha1l be completed within twenty-fo (24) months of
preliminAry acceptance of Stage 1 of the services; unless written nsent altering this
condition is received from the Municipal Engineer. Failure to ere to the above
schedule may result in the Municipality completing the Works in ccordance with
Section 3.7 of this Agreement. If the development is phased, the te for
commencement of construction on the balance of the phases may be delayed for up to
five years. Failure to commence construction within the time ule above may
result in the Municipality declaring this Agreement to be null void, and the
Municipality may deem the property not to be a Plan ofDevelo ent.
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8.15
8.16
No Municipal Liability
This Agreement and the provisions herein do not give the Devel per or any person
acquiring any interest in the land within the Plan (each hereinaft in this clause called
"such person"), any rights against the Municipality or the Muni pality's Engineer with
respect to the failure of the any such person to perform any obli . ons under this
Agreement or the failure of the Municipality to force such perso to perfonn any
obligations under this Agreement or any negligence of any such n in the
performance of the said obligations.
The only duty and responsibility of the Municipality's Engineer arising out of this
Agreement is to the Municipality and this Agreement. Any wo or services done or
perfonned by the Municipality's Engineer under this Agreem do not in any way
create any liability on the part of the Municipality's Engineer to the Developer or any
person acquiring any interest in the land within the Plan.
8.17 ÅSslpment
The Developer sha1l not assign this Agreement without the pri written consent of the
Municipality, which consent may be unreasonably withheld.
8.18 Conflict
In the event of any conflict between or among the plans and
the construction of the Works, the Municipality's Engineer
provisions shall prevail.
. fications relating to
decide which
8.19 Severability
If any term, covenant or provision of this Agreement sha1l be und or declared by a
Court of competent jurisdiction to be invalid, unenforceable 0 ultra vires, such tenn,
convenant or provision shall conclusively deemed to be sev Ie from all other terms,
covenants and provisions of this Agreement and the . of this Agreement shall
be and remain in full force and effect.
8.20 Amendment
Without in any way limiting the rights of the Municipality, th Developer agrees that
the Municipality may, with the consent of the then registered wner of any land within
the Plan, amend this Agreement insofar as it specifically affe such land or any part
thereof.
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8.21
Furtlter Assurances
The Developer agrees that it shall and will, on the request of the
do, execute or cause to be made, done or executed all such furth
things and assurances to ensure the full implementation of this A
the intention of the parties as set out in this Agreement.
8.:12 Joint and Several
unicipality, make,
and other deeds, acts,
ent and to satisfy
All terms, covenants, provisions and obligations of the Develop in this Agreement
shall be joint and several.
SECTION 9 - FINANCIAL PR.OVlSIONS
9.1 Development Charges, DralDage and Local Improvement Ch es
Development Charges shall be paid in accordance with the
Charges By-law of the Municipality,
The Developer agrees to pay for all arrears of taxes outstanding the property
herein described before the approval of the said Plan is obtained. The Developer
further undertakes and agrees to pay all taxes levied on the said ds on the basis and
in accordance with as~'I1I''mt and collector's roll entries until ch time as the lands
herein being subdivided have been assessed and entered on the llector's Roll
according to the Registered Plan.
Before the Plan is approved the Developer agrees to commute
with respect to the Drainage Act, the Local Improvement Act,
including but not limited to charges or rates outstanding in
any sewer rate and/or water rate by-law which are assessed
Plan. Before the Plan is approved the Developer agrees to co
Municipality's share()f any charges made under the said .
Improvement Act and the said Municipal Act presently servic'
assessed against it.
9.1
Securides
Development
pay all charges made
d the Municipal Act,
of the Lands under
. t the property on the
ute and pay the
e Act, the said Local
this property and
Prior to registering this Agreement, the Developer shall deposit with the Municipality
to cover the faithful perfonnance of the contract for the installa 'on of the said services
and the payment of all obligations and contingencies arising tb der the following
securities:
(a) Cash in the amount of One Hundred Percent (100%) of e estimated cost of the
said all works as set out in Schedule "E" and as approv by the Municipality's
Engineer and Municipal Council, or
(b) An irrevocable Letter of Credit from a chartered bank, . in fonn and content
satisfactory to the Municipality's Solicitor, in the amoun of One Hundred
Percent (100%) of the estimated cost of all works as set ut in Schedule "E" and
as approved by the Municipality's Engineer or
(c) Some combination of cash and Letter of Credit, totaling OO"ÁI of the Schedule
"E" estimate.
(d) Prior to depositing the securities, the Developer's Engin shall submit an
estimate of the cost of the Works to the Municipality's . eer for approval.
When the cost estimate has been approved it will be set ut in Schedule "E" of
this Agreement and will become the basis for the limits fthese securities.
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(e) All Letters of Credit shall be for a minimum guaranteed od of one (I) year or
such longer time as the Municipality may decide. All Lett of Credit referred
to in this Section 9.2 sha11 contain the following clause:
"It is a condition of the Letter of Credit that it shall be dee ed to be
automatically extended without amendment from year to ye from the present or
any future expiration date thereof, unless at least thirty (30 days prior to the
present or any future expiration date, we notify you in writi g by registered mail
that we elect not to consider thi8 Letter of Credit to be re ble for any
additional period. ..
(t) Unless each and every Letter of Credit is renewed as noted bove, the
Municipality sha1l have the absolute right to refuse to issue building pennits and
to prohibit occupancy of homes, whether partially or fully mpleted, ftom the
said date thirty (30) days prior to the expiration of that Lett of Credit.
9.3 Reduction of Securities
An application for the reduction of the security on deposit with e Municipality
pursuant to Section 9.2 herein may be made no earlier than thirty (30) days after the
commencement of construction of the Works and every thirty (3 ) clear days thereafter.
(a) To obtain a reduction in security the Developer sha1l file ·th the Municipality's
Engineer a written application in accordance with Schedul "J" attached hereto.
(c)
(b) The application sha1l include written confinnation from
Engineer:
· describing the Works constructed as at the date of the lication and a
calculation of the cost thereof.
· confinning that the Works have been installed by the eloper with full
time supervision of the Developer's Engineer and in a rdance with the
requirements of this Agreement and schedules hereto.
· describing the Works remaining to be completed as at the date of the
application and a calculation of the estimated cost th f.
The value of the reduction sha1l be determined by the M
who shall give a certificate to the CAO and the Devel
of the reduction of the security and the amount of the
deposit with the Municipality.
(d) The value of the reduction sha1l be based upon the value fthe Works remaining
to be completed by the Developer plus ten percent (10"10) of the value of the
Works completed to the date of the application.
'cipality's Engineer
confirming the amount
'ty rert'lAining on
(e) Subject to any outstanding deficiencies or contingencies, the Municipality
throughout the maintenance period sha1l hold as security the greater of ten
percent (10"10) of the P.!Itimate of the cost of the Works set out in Schedule "En
or five thousand dollars ($5,000.00).
9.4 Statutory Declaration of Accounts Paid
The Developer agrees that upon applying for a discharge of
Certificate of PreliminArf Acceptance for the services, he
with a Statutory Declaration that all accounts for work and erials for said services
have been paid except normal guarantee holdbacks and that th are no claims for liens
or otherwise in connection with such work done or materials lied for or on behalf
of the Developer in connection with the Development.
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9.5
The Construedon Lien Act, R.S.O. 1990 eo C.30
The Developer agrees that it will hold back in its payments to any Contractor who may
construct the services, such sums as are provided in accordance th the Construction
Lien Act,R.S.O. 1990, c. C.30, and will otherwise indemnify and save harmless the
Municipality against any claims. actions or ðem"'1d.. for cons on liens or otherwise
in connection with the works and all costs in connection therewi and on the demAnds
of the Municipality's Solicitor will forthwith take such steps to ' ediately discharge
all Liens upon the services.
Notwithstanding anything to the contrary contained in this A ent, the Developer
hereby agrees that the filing of any liens pursuant to the said Co 'on Lien Act,
with respect to the land desaibed in Schedule "A" attached h , shall constitute a
default by the Developer of the terms of this Agreement and sha1l entitle the
Municipality to draw on any or all of the security referred to in S . on 9.2 of this
Agreement and to utilize said draw to make payment into Court 0 the holdback
together with costs.
9.6 Partial Release
SECTION 10 - SPECIAL PROVISIONS
10.1 The Developer and the Municipality agree that the provisions set forth in the attached
Schedule "M" fonn an integral part of this Agreement.
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SECTION 11- S~GNATURES
THIS AGREEMENT sha1l be binding upon and inure to the benefit fthe parties hereto
and their respective heirs, executors, j tjmini$trators, successors and assigns
IN WITNESS WHEREOF the parties h
SIGNED, SEALED AND DELIVERED this
ent.
( Tom Kerr
(
(
( Title:
( I/We hav
(
(THE CORPORATION of THE
( KINCARDINE
(
(
( Mayor
(-'-'-- ~
Chief Administrative Officer
(We have authority to bind the
(
( John Falkenburger
(Title:
ICIPALITYOF
ration
(Meat Consultants International c.
(Title: ~d> ç.d-
( We have authority to bind the
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· Developer's Address: _Box 7 Listowel Ontario N4W 3H2
·
Developer's Telephone: _519-496-7494
Developer's Facsimile: _519-291-3924
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SCHEDULE "A" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the M IIlÌcipality's
Agreement.
DESCRIPTION OF LANDS
In the Municipality of Kincardine (formerly Town of Kincardine), County of Bruce, Province of
Ontario, being composed of:
Part of Part I, Kincardine Avenue N, PL 17RI720; Part of Park: Lot 2
(being Part 1 on Plan 3R-7397)
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SCHEDULE "B" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the M icipality's
~~~ent.
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SCHEDYLE "C" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the M 'cipality's
Agreement.
MUNICIPAL SERVICING STANDARDS
1.0 GENERAL
Service Layout Plan
A copy of the General Plan shall be submitted to the Municipality i
proposed locations of Bell Cables, electrical servicing, gas 1)1a;n!l, axial television
cables as well as watermA;n!l, storm sewers and sanitary sewers. All locations must be
established and resolved by the Developer's Engineer in conjunctio with the Utility
companies and following the locations shown on the Municipality's ypical Cross-
Section.
2.0 PLANS AND DRAWING REQUIREMENTS
Plan and profile drawings must be prepared in a digital format, whi
AutoCAD Release 14, and on velum or mylar, for all new streets wi
These digitized files and drawings, and also digitized files and dra .
of special structures, etc., sha1l be prepared by a Professional Engin
the Municipality as a permAnent record prior to the acceptance of
provided by the developer.
The following standards sball be adhered to in preparation of these
is compatible with
· the Municipality.
showing details
and turned over to
· ces required to be
(a) All profiles must be shown to the geodetic datum which is
drawings.
(b) In general, East-West streets sha1l have zero ChAinage at th Westerly limits and
North-South streets sha1l have zero chAin'lge at their South Y limits. Chainages
on Plan and Profile sha1l increase from left to right.
(c) Drawings shall be of a consistent size - 594 mm x 841 mm.
(d)
Scales shall be as follows for drawings:-
General Layout Plan Scale Ratio
Plan-Profile Drawings Horizontal
Vertical
or Horizontal
Vertical
Ratios shall be shown on all drawings.
- 1:1000
- 1 :250
-1:50
- 1 :500
- 1:100
(e) When the plan must be broken because of curvature, etc., th profile sball be
broken as well, so that, insofar as possible, chainage points' plan and profile
will coincide vertically.
(t) The beginn;ngll and ends of curves must be shown on the pI and profile with
the radius of curvature shown on the plan. Chainages of po' ts of curvature shall
be calculated.
(g)
The chainage and names of intersecting streets shall be sho
The drawings shall show clearly the proposed profiles, road
sections, ditches, ditch gradients. curb gradients if different
services, north sign and limits of the proposed work. The pi
required off-street drainage and separate profiles shall be
easements. All detail for in~"8 streets including
a distance of 50 metres from the intersection of the .
lines, for drainage or services, sha1l be shown and all easem
in plan and profile,
· dths and cross-
m the proposed
sha1l show any
for drainage
must be shown for
street. All street
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(h)
The Municipality sha1l be named in the title block which
lower right comer.
be placed in the
·
(i)
On completion of the work, and prior to acceptance of the s . ces, the drawings
sha1l be completed "As Recorded" and dated before turning over to the
Municipality. The Municipality sha1l be consulted as to the manner of showing
information not set out in these requirements. The Devel 's Engineer sha1l
add his Professional Engineer's seal to all final drawings.
3.0 ROADS (URBAN)
3.1 General
All roadways sha1l be serviced by stonn sewers and concrete curb d gutter. Road
allowances shall be a minimum of20 metres wide. The edge of the adway paved
surface shall have a minimum radius of9 metres at intersection. A roads not owned
by the Municipality, ,....tlil'lg to the area of the development, sha1l be maintained to a
standard equal to the standards for roadways within the developmen. On all streets,
horizontal and vertical sight distances and vertical curves shal1 meet Ministry of
Transportation (M.T.O.) requirements.
·
Street allowances on cul-de-sacs are to have a minimum radius of 2 metres. Edge of
pavement radius on cul-de-sacs are to be a minimum of 13 metres.
ays shall have a
shall have a
e top of curb to
Minimum road asphalt width sha1l be 8.S metres. The finished road
crossfall of2% 1Ì'Om the centerline to each curb line, and the boulev
finished crossfall of a minimum of2% and a maximum of 8% from
back of boulevard, draining towards the curb.
3.2 Clearing and Grubbing
Trees shall be removed so that the specifications for sight distances, . g, ditching,
etc., may be met. All stumps, logs, brush, boulders, debris, etc, shal be removed from
the entire street allowance. Unless noted otherwise, all healthy trees not obstructing
visibility or installation of services shall be preserved. The Municip Engineer may give
special permission to leave trees on the street allowance, providing they are situated
more than 1.5 metres behind the curb.
3.3
Grading
·
A 2 metre boulevard area behind the curbs sha1l be graded at a ,. um of 2% towards
the curbs. The area from the edge of the road boulevard to the street line sha1l be graded
with a side slope not cxc....nil'lg a slope of 3 metres horizontal to I m vertical to meet
the original ground. All side sloped ditches and boulevards to the line shall be
protected with nursery sod over a minimum depth of 100 mm of top il.
3.4
Road CoDStruetion
·
All road construction sha1l confonn to applicable standards of the tario Provincial
Standard Specifications (OPSS) and the Ontario Provincial Standard Drawings (OPSD).
The granular roadbase shall consist of a bottom course of 300 mm . um depth
consolidated Granular "B" full width across the roadway and a top urse of 150 mm of
Granular "A" full width between concrete curbs. The granular mat . s shall be spread
in layers of 150 mm maximum compacted depths, and each layer I be thoroughly
compacted. No granular base of surface material sha1l be placed un the grade on which
it is to be laid has been inspected and approved by the Municipal En . eer. During and
between construction seasons. the granular base sha1l be maintained ·table for vehicle
and pedestrian traffic, including dust control by calcium chloride renewed if required
to the satisfaction of the Municipal Engineer.
Road subdrains sha1l be provided in accordance with OPSS 405.05. e subdrain shall
include filter wrap (non-woven type) Class 1 and F.O.S. Of 130 - 1
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3.5
Roadway Suñace Asphalt
As soon as the granular base has been completed, it shall be thorou y compacted and
shaped and the base course of asphalt placed. The base course shall consist of 50 mm
minimum thickness ofHlA Base Course Asphalt. The surface coat of asphalt may be
placed upon the approval of the Municipal Rl'Igineer which sha1l not given for at least
one year from the date of placement of the base course of asphalt or til SO percent of
the houses have been constructed. The surface course asphalt sha1l nsÌ8t of 40 mm
minimum thickness ofHL-3 Surface Course Asphalt. Asphalt work shall conform in all
respects to OPSS 310.
Curbs
Concrete curb and gutter, of cross-section approved by the Municip Engineer, shall be
provided along all edges of paved roadway surface. Terminations a the limits of the
Development shall be either joined to existing concrete curbs or ro ded to reduce hazard
to traffic. Construction sha1l confonn to OPSS 353.
3.7 Aceessibillty
As part of construction of any concrete curb and gutter, sidewalks 0
structures, the Developer will be responsible for construction in a
Municipality's current accessibility standards to provide full access
individuals in the community.
3.8 Driveway Aprons
3.9
4.0
4.1
other surface
ce with the
here possible, to all
The Developer will provide at each driveway, or will cause to be vided by subsequent
Owners, a driveway apron from the back of the curb to the face of e sidewalk or where
there is no sidewalk, to the limit of the property line. This driveway apron should be hard
surfaced with either 50 mm of asphalt pavement or a minimum of I mm of concrete
pavement over the granular base, consisting of a minimum of 100 of granular "A"
and 200 mm of granular "B". Alternatives to these surfaces may be nsidered subject to
the approval of the Municipality.
Turning Circles
Where construction is phAvd, the Municipality may require the . ation of temporary
turning circles. These turning circles will be constructed in acco ce with the
requirements for cul-de-sacs in Section 3.1 of this Schedule. Elsew ere in the Agreement
are provisions for conveyance of blocks for the construction of said ircles.
STORM DRAINAGFJSTORMWATER MANAGEMENT
Approval of Design and Plans
Stonn sewers shall be provided to serve the whole of the Developm t. Drawings sha1l
consist of an overall plan, a plan and profile of each storm sewer, wn to the same scale
as the roads, pipe bedding, manholes, and other appurtenances. D 'gn of the proposed
works must be submitted to the Municipal Rl'Igineer and applicable overnment agencies
for approval. Plans of the entire system sha1l be submitted to the . of the
Environment for approval. Approval for construction will not be gi en until the
Certificate of Approval for the sewers has been received from the .. stry of the
Environment and all other applicable government agency approvals has been received.
·
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·
·
.
4.2
4.3
4.4
4.5
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30
Stormwater Management Report
A Stonnwater Management Report setting out the existing and pro sed drainage pattern
shall be submitted to and approved by the Municipal Engineer, the I cal Conservation
Authority and the Ministry of the Environment
The stonnwater ¡nanllgt'!lllent requirements within the Municipality
local Conservation Authority or as listed below. The general requi
be those of the
ents are as follows:
· Quality and quantity control- as dictated by the local Conserva on Authority and
MOE requirements in accordance with the MOE "Stonnwater gement Practices
PlAnn;l1g and Design Manual" or the most recent version thereo Quantity control
sha1l restrict post.,development runoffflows to prcHievelopment ows between the 5
and 100 year events.
. The design stonn for the minor systems sha1l be the 5 year stonn for local stonn
sewers and the 10 year storm for trunk facilities.
. Sediment and erosion control measures associated with the sto
requirements shall be identified on the drawings for works to be
construction and for permanent measures.
water mAnAgement
uded during the
Connection to MUDieipaI S)'Ifem
The stonn sewers sha1l be connected to the Municipal stonn sewer s stem or discharged
to a natural watercourse as approved by the Municipality and the of the
Environment.
Delign Criteria
The stonnwater management system shall be designed by using USS version 4.72.1
or an alternate approved hydrologic model. The Developer's Engin sha1l consult the
Conservation Authority as to the applopIÍate storm distribution and . on to be used.
The Developer's Engineer sha1l advise the Municipal engineer in wri' as to the
Authority's requirements. The minor system (stonn sewer) shall be . gned to convey
the 5 year design storm, while the major system shall be designed to nvey the 100 year
design stonn. Post-development runoff flows shall be controlled to development
levels for rainfall events with return periods between 5 and 100 y . The design of the
stonnwater management system sha1l be in accordance with the new t version of the
"Stonnwater Management Practices, Planning and Design Manual", prepared by the
Ministry of the Environment.
Locadon
The storm sewer shall be located within the street, with lateral conn . ons to catch basins
located along the gutter lines.
4.6 Sewer Pipe Material
Sewer pipe material sha1l be Concrete Pipe, or approved alternate. lete with rubber
gasket connections Class Cl4 ES or reinforced concrete pipe of the ass required for the
depth of cover. The minimum size, including catch basin leads, be 300 mm. The
Municipality may require a larger stonn sewer size on parts of the D opment than
required for the Development alone.
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4.7
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31
Storm Sewer Construction
Stonn sewer construction and pipe bedtlil1g sha1l confonn to the req . ements of the
Ontario Provincial Standard Specifications for sewer construction. ipes shall be bedded
in approved granular materials.
Catch basin leads sha1l be connected to the main sewer with a Ie except where the
main sewer size exceeds 450 mm diameter, in which case the lead be connected
directly to the main sewer using a factory manufactured "Tee",
4.8 Manholes and Cateb Salina
4.9
S.O
S.I
5.2
Concrete mAnhQles sha1l be provided at all changes in direction of e sewer and at all
street intersections, but no further apart than 120 m. Manholes shall be 1200 mm
diameter or larger, conforming to OPSD Series 700. Benching shall be provided in all
manholes. Catch basin 'T"anhnles shall contain a sump or minimum epth of 300 mm
below lowest invert on sewers up to and including 450 mm diamet ,
Frames and covers sha1l be OPSD 401.01 Type A, or approved eq set on not less than
three (3) layers nor more than six (6) layers of brick which shall be ed on the outside
face.
Catch basins shall be provided on both sides of the street at all low but no further
apart than 90 m. Catch basins for depth up to 2 m from ground leve to invert sha1l be
600 mm square concrete conforming to OPSD 705.01. For greater ths, catch basins-
manholes shall be usecJ confonning to OPSD 701.03,
Private Drain Conneetions
Private drain connections to the storm sewers sha1l be provided for residential unit.
A 100 mm diameter connection suitable for receiving pumped sump flow ftom footing
drains will be placed at a depth of 1.4 metres from the property line n each lot.
SANITARY SEWERS
Approval of Plans
Plans of the entire system sha1l be submitted to the Ministry of the vironment and the
Municipal Engineer for approval. This submission shall consist of overall plan, a plan
and profile of each main sewer drawn to the same scale as the ro together with typical
details of house service connections, pipe bedding, manhole covers, I special bends and
connections and other appurtenances. Approval for construction wi not be given until
the Certificate of Approval for both sewers and sewage treatment tì ilities has been
received ftom the ~stry of the Environment.
LoeadoD
The main sewers sha1l be located along the centre of the street allow ceo House
connections shall terminAte at the property line at the centre of each ot.
5.3 Material
S.4
Main sewers shall be P.V.C, or approved alternate. House connecti
approved alternate. All joints sha1l be of the rubber gasket type as
Municipal Engineer. Approved caps sha1l be provided for service I
Size
shall be P.V.C. or
ved by the
tenninations,
The minimum size for main sewers sha1l be 200 mm diameter. Ho
be a minimum of 125 mm in diameter. For multiple dwelling, ind . al or commercial
buildings, the service connections shall be sized to accommodate th flow.
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32
5.5
SanitaI'y Sewer Construction
·
Sewer construction and pipe bed¡Ji'lg sha1l confonn to the requirem
sewer construction. A minimum 2.0 metre depth of cover sha1l be
sanitary sewers and service laterals.
House CODDections
ts ofOPSS 410 for
vided over all
5.6
Plan locations and invert elevations, for all house connections at the treet line, shall be
shown on the drawings. Minimum fall on house connections shall 2%; maximum 8%.
Where the depth of sewer is excessive, a riser may be used over the ain sewers. Shop
manufactured ''Tee'' connections shall be used for house connectio to the main sewer.
A cap of approved manufacture sha1l be installed on each service I termination at
the street line and made watertight. The ends of all services shall be marked by a 50 mm
x 100 mm wood post extendi'lg ftom the service to 300 mm above e surface of the
ground and the top section painted fluorescent green. Connections manholes shall
enter the manhole no higher than 0.5 m above the lowest invert, ex t as otherwise
approved by the Municipal Engineer.
Manholes
5.7
·
Concrete manholes shall be provided at all changes in direction of sewer and at all
street intersections, but no further apart than 120 m. Manholes shall be 1200 mm dia.
Confonning to OPSD 701.010. Benching shall be provided in all les.
5.8
Tesdng and Flushing of Sewen
The complete sewer system, including house connections, shall be
accordance with OPSS 410, including the requirement for camera .
Developer shall arrange the tests for sections of sewer between
the Municipal Engineer when a section is on test and ready for'
of sewer which fail to meet the requirements of this section sha1l be
5.9 CompleUon and Acceptance
The complete sewage collection system installation must be approv by the Municipal
Engineer prior to the issuance of building permits for the Developm t.
6.0 WATERMAINS
· 6.1 Approval of Plans
Plans of the entire system shall be submitted to the Ministry of the
Municipal Engineer for approval. This submission shall consist of
and profile of each watermain drawn to the same scale as the roads,
details of house service connections, pipe beddi"8 and other app
construction will not be given until the Certificate of Approval for
has been received ftom the Ministry of the Environment.
6.2 Locadons
vironment and the
overall plan, a plan
gether with typical
. Approval for
watermain system
Watermain: The watermain sha1l typically be installed within the ulevard of the
street, in accordance with the Municipality's Typical Cross-Section.
Service Lines: In general. house services shall not be installed in . eways. Where the
driveway location is UDknown at the time ofw . construction,
service connections shall terminAte at the property r e at the centre of
each lot.
·
Main Valves: To be located at the extension of property line, wh
installed at intersections.
4
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33
Curb Stops: To be provided for each service connection and to located at the lot
line.
· 6.3 Conneetlon to the Municipal System
In general, the watermains shall be looped to existing municipal s stems.
6.4 Material and Size
Watermain: Watermain material shall be Polyvinyl Chloride P C-C-900 Class 150
(DR-18). Pipe joints shall be bell and spigot with ber gaskets.
Gate Valves Valves· sha1l be resilient seated gate valves. Main ine valves to be MJ
and Boxes: type with standard operating nut. Hydrant valves t be MJ to MJ gate
valve with standard operating nut.
All valves to be supplied with A()(i ring packing ti r water use and open
counter-doekwile.
·
Fittings:
Hydrants:
·
Services:
·
Valve boxes sha1l be Canada Valve screw type wi No.6 base.
Tapping valves and sleeves must meet with appro al of the Operating
Authority.
Resilient-seated gate valves sha1l be in accordance with A WW A CS09
All fittings sha1l be ductile iron cement mortar lin mechanical joint
(MJ) type with adaptors to suit other materials, wh e necessary. All
fittings must be suitably thrust blocked using con thrust blocking as
per OPSD 1103.010 or 1103.020. A polyethylene arrier shall be used to
prevent a bond between the fitting and the concret .
Ductile iron fittings shall be in accordance with A A ClIO and the
rubber-gasket joints for ductile iron fittings shall b in accordance with
AWWA Cl1l, pressure rating 1035kPa.
Fire hydrants shall be the Mueller Canada Valve ew Century type or
approved McAvity equivalent. Hydrant specificati ns as follows;
· 2-64 mm hose connections
· B pumper connection
· Hydrants sha1l opeD counter-cloekwile
· Colour sha1l be RED
· Operating nut shall be standard
· Hydrant length shall be such that the bottom 0 the upper barrel shall
be 100 mm above finished grade
· Bury depth 1.7 m.
Dry-barrel fire hydrants shall be in accordance wi A WW A C502.
Min.19mm,Max.50mm
· Corporation stops - Mueller, C.C. thread inlet! compression joint
outlet.
· CuIb Stop - Mueller, compression joint inlet!
or approved equivalent.
· Pipe - to be 19 mm TYPe "K" copper tubing.
· Service Boxes - Model No. 0-1 by Concord- ow or Mueller
equivalent. Service box and stem (1.4 m to 1. m) with 25 mm dia.
steel upper section. Box lids shall be regular bed with brass
pentagon plus clw standard stationary rod.
· Service saddles - Model No. 2616 by Robar
steel, double bolted, broad band.
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Underground service line valves and fittings shall e in accordance with
AWWA C800.
·
. Model numbers shall be stamped on all valves and materials.
5.5 kg; zinc casting with a galVAni7M steel core, p ckaged in a cardboard
or cloth bag of minimum diameter of 100 mm. G 'te bac1dill
material (electrical resistivity <50 ohm em wet). ated copper wire
brazed to core wire.
Anodes:
Tracer Wire: All PVC watermain to be provided with a No. 101 strand copper cable
having TWH insulation.
6.5 Watermain Construction
All watermain and appurtenA"".e5 to be installed, bedded and b led in accordance
with current Ontario Provincial Standard Specifications and to the satisfaction of the
Municipality.
Minimum 1.7 metre depth of cover over all mains and services.
·
Main valves and hydrant sets shall, generally, be located at a
metres and 120 metres, respectively.
At main intersections, a main valve sha1l be provided at each
intersection, less one.
Zinc anodes to be supplied and installed on services.
. um spacing of 200
'on from the
6.6 Flushing. Tesdng and DisiDfeetion
All watermain shall be tested, flushed, swabbed and disinfected. uch procedures shall
be in accordance with OPSS 701 for pressure testing and A WW A 651-99 for
disinfection and connection to the waterworks system. The Devel per shall inform the
Municipal Engineer when the watennain is to be tested and disinfi . Bacteriological
testing will be completed by the municipal operating authority. e Developer will be
billed for any testing or retesting required. Any failure of the t . and disinfecting
sha1l require the Developer to ret1ush, retest and/or redisinfect the atennain until the
watermain has met the requirements of the Ontario Provincial S dard Specifications
· and the MOE, to the satisfaction of the Municipality.
6.7 Comp1edon and Acceptance
The complete water distribution system installation must be appro ed by the Municipality
prior to the issuance ofbuiIding permits for the Development.
7.0 SIDEWALKS
A 1.5 metre sidewalk sha1l be constructed on one side of each s within the
development. Sidewalks sha1l have a minimum depth of 125 mm d sha1l be bedded in
granular in accordance with the current OPS standard details.
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35
8.0 UTILITIES AND STlŒET LIGHTING
8.1 Telephone
· Telephone service sha1l be underground and shall be installed by .M.T.S. or Hurontel.
The Developer must bear the cost of any surcharges for undergro installation made by
the Utility and must grant the Utility any easements for their servi
8.2 Eleetrieal
Underground electrical installation shall be completed to the satis 'on of the local
power supplier based on their most current specification.
8.3 Cable T.V.
Developers sha1l arrange to have Cable T,V. installation comple by the local supplier.
8.4 Street Lighdng
The minimum standard for street lighting sha1l be 100 watt High sure Sodium Lamps
set on 9 metre poles, or as directed by the Municipality. Each Ii must be controlled by
· a dusk to dawn photo-electric cell. Power feed shall be completel underground The
lights shall general1y be placed to the outside of curved roads. Th maximum allowable
spacing along the street between the lights shall be 50 metres but y be increased, at the
Municipality's direction, to a may;mum of75 metres (in special ' ces). The poles
must be installed at the location as shown on the Municipality's . cal Cross-Section.
Particular care shall be taken to adequately ilInm;nAre the in . ODS and cul-de-sacs.
9.0 LOT GRADING
9.1 House Lot Grading
Generally. all lots shall be excavated or filled so that the whole 0 the lot area ftom the
street line to a line at least 3 metres beyond the rear of the buil' sha1l have an
elevation not less than 0.5 metres or more than 2 metres higher the finished crown of
the road opposite the centre of the lot. In situations where the slo of the land justifies
different requirements, the Municipal Engineer may permit varia ons of the above. A
plan showing proposed lot grades and house floor levels sha1l be ·tted to the
Municipal Engineer for his approval, and the Rl\gin-.r retains the right to amend any of
· the grades proposed if the El\gÏneer considers a particular situati so warrants.
10.0 LANDSCAPING
Boulevards along each street shall be topped with a minimum of 00 mm of topsoil.
Seeding shall be completed in all boulevard areas.
A tree shall be planted on each lot within 1 year of the date of co pletion of the Stage 2
services. Trees shall be 60-70 mm diameter measured 500 mm ve the ground. All
trees shall be No.1 nursery stock. The type of trees sha1l be app ved by the
Municipality. These sha1l be staked to Municipal specifications. Trees shall be watered
at the time of planting and every two weeks thereafter and the eloper shall warrant
trees for a period of one year from the date of planting. Planting be limited to the
spring and fall seasons.
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11.0 EROSION CONTROL
During construction the Developer shall ensure that surface runo
blocks as well as the roadways is protected from erosion by the
bales and other measures designed to minimi7.e such erosion. T
culverts or catch basins sha1l be checked to prevent silts from en
or water courses. Such erosion control measures sha1l be shown 0
approval by the Municipal R"8Ìneer and the Conservation Authori
from the lots and
of silt fences, straw
porary outlets at
into storm sewers
the drawings for
12.0 WALKWAY
All walkways shown on the plan of Development shall be constru
Walkways shall be constructed of alSO mm minimw¡ depth of
properly constructed foundation and shall be paved with a concret
minimum width of 1.5 metres and a minimum depth of 125 mm.
by the Developer.
ar"A" on a
sidewalk to a
A standard 1.5 m high chain link fence shall be placed along both . des of the right-of-
way with posts placed at each end to prevent vehicular traffic using the walkway.
13.0 PARKLAND IMPROVEMENTS
er than highways,
e whole area sha1l be
with approved
The area of land deeded to the Municipality for Public purposes,
sha1l be carefully graded, care being taken to preserve any trees.
top dressed with a minimum of 100 mm of topsoil and sha1l be
lawn seed mix (OPSS 572).
The Municipality may ask and provide details within this agreem t for additional
Parkland improvements as might be warranted.
14.0 TRAFFIC AND STREET SIGNS
14.2 Street Name Signs and Honse Numbering
14.1 Proposed street names sha1l be subject to the approval of the M
At each intersection there shall be erected an approved double
signs and posts will be provided by the Municipality at the Devel
street name sign. The
's expense.
14.3 Traffic Signs
Traffic signs and posts will be provided by the Municipality at
following the passing of a by-law for their installation.
14.4 Guide Posta
On Fills higher than 2 metres. timber guide posts or guard rails
conforming to OPSS and OPSD Standards.
be installed
15.0 PAYMENT TO SUBDIVIDERS
The Municipality sha1l not be liable for any costs arising out of e construction of
services except under the following conditions.
a) Where a stonn sewer is larger than required, the Municip 'ty may pay the
difference in cost for supplying the larger size pipe and an additional manholes
required for completion of the system.
·
·
·
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b)
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When a sanitary sewer in excess of250 mm diameter is req' for lands outside
the Development, the Municipality may pay the difference' cost for the supply of
the larger size pipe.
c)
When a watennain in excess of 200 mm diameter is requir
Development, the Municipality may pay the difference in
larger size pipe and fittings.
16.0 TYPICAL ROAD CROSS SECTION
A typical urban road cross section is attaclted
for lands outside the
t for the supply of the
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39
SCHEDULE "D" OF AGREEMENT
·
Note: It is understood and agreed that this Schedule forms part of the M 'cipality's
Agreement.
CHECKLIST OF WORKS TO BE CONSTRU
1. Roads restoration to municipal standards r
2, Storm sewer private drain connections. r
3. Sanitary sewers and building connections to the lot line r
4. Water distribution system, fire protection and building connectio
to the lot line r
5. Grading and requirements of a site grading plan r
· 6. Underground electrical distribution system and an electrical servi r
7. Street lighting r
8. Utility obligations - telephone, cable l v., gas service r
9. Sidewalks - one side on Fraser Ave and Kincardine Ave. r
10. Topsoil and sod on boulevard from property line to curb r
11. Pedestrian walkways. r
12. Vegetation retention plan. r
13. Lot house number signs. r
14. Street name signs. r
· 15. Traffic signs, as required. r
Note: Works Required Denoted by r
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40
SCIŒDULE "E" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the M
Agreement.
ITEMIZED ESTIMATE OF COSTS OF CONSTRU
OF EACH PART OF THE WORKS
A) Services, sanitary, water, storm, landscapes, miscellaneous
B) Sidewalks
$ 32,000,00
4,645.00
$ 6,645.00
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41
SCHEDULE "F" OF THE AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the M 'cipality's
Agreement.
LIST OF WTS UNSUITABLE FOR BUILDING PURPOSES CLAUSE 6.3
none
,",.
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"
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42
SCHEDULE"G" OF THE AGREEMENT
.
NOTE; It is understood and agreed that this Schedule forms part of the unicipality's
Agreement.
OWNER'S FINAL GRADING CERTIFICATE
The undersigned hereby certifies to the Corporation of the Municipality 0 Kincardine (the
"Municipality'') that the foundations of the buildings and structures and y openings in any such
foundation walls constructed on the following property:
STREET NO.
MUNICIPALITY
LOTIBLOCK
STREET
REGISTERED PLAN NO.
Have been constructed, at or above the elevations illustrated on the overa1 Certified Building
Lot Site Plan (as approved by or on behalf of the Municipality) referred to in the Agreement
registered against the title to the above property as shown on the as-built . g survey
attached.
. The undersigned further certifies to the Municipality that:
I. The final grading of the above referred to property has been complet in substantial
compliance with the Certified Building Lot Site Plan referred to in the greement.
2. The grade elevation of all lot boundaries and comers including the fro t lot comers of the
property are in substantial compliance with the Certified Building Lot ite Plan; and
3. The above lot has been graded to provide positive drainage in the fron rear and sideyard and
that there is no area of the ptoperty which is subject to ponding of w , and
4, That in all cases, the final grading conforms to the intent of the gradin
This certificate is given and delivered to the Municipality in full knowled that the Municipality
relies on this certification in providing a release of the applicable Agreem t affecting this
property.
DATED at
, Ontario this
day of
,200_.
.
Signature ofOLS/Professional Rngine<'!l'
NOTE: Copies olthis Owner's Fl1uú Grøding Certijictdø øre fß'tlÜtIble tIu Municipality's
Building De HU'llftellt.
.
·
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·
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43
SCHEDULJï: "II" OF AGREEMENT
.
NOTE: It is understood and agreed that this Schedule forms part of the
Agreement.
LANDS FOR MUNICIPAL PURPOSES TO BE CONVEYED TO T
0.3 m reserve along Kincardine Ave.
Being Part 5 and Part 6 on Plan 3R-8095
LIST OF EASEMENTS TO BE GRANTED TO THE MUNlCIP
none
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44
SCHEDULE "P' OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the unicipality's
Agreement.
NO OCCUPANCY AGREEMENT
NOW THEREFORE TInS AGREEMENT WITNESSETH that in
good and valuable consideration and the sum of One ($1.00) Dollar ofla
the Parties hereto mutually covenant and agree as follows:
nsideration of other
money of Canada,
1. In consideration of the Corporation of the Municipality of Kin . e issuing a building
permit to the Owner for
a semi- detached dwel1ing, the Owner covenants and agrees that i will not apply for an
occupancy permit until the above referred to services have been . led to the
satisfaction of the Municipality;
2.
The Municipality hereby acknowledges that it has a cash deposit m the Developer in
the sum of $32,000.00 and will use its best efforts to see to it that above referred to
services are completed by December 01, 2005.
TInS AGREEMENT sha1l be binding upon and enure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors and assigns
IN WITNESS WHEREOF the parties hereto have executed this A ent.
SIGNED, SEALED AND DELIVERED
This day of ,2005 _.
(
(
(Tom Kerr Heating & AlC L'
( DEVELOPER (NAME OF EVELOPER)
(
( THE CORPORATION OF
( MUNICIPALITYOFKlNC
(
(
( Mayor
(
(
( CAO
( We have authority to bind the Corporation.
.
.
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45
SCHEDULE "J" OF AGREEMENT
Note:
It is understood and agreed that this Schedule forms part of the Municipali 's Agreement.
To:
APPLICATION FOR RED~N OF SE
a. !'A '. ,6"'~
~ '-.. 0 "
(Name Of~~ty'S En eer), Engineer, M
Developer:
-
(Name of Developer)
(Date of Agreement)
(Legal Description of Property)
Agreement:
---
~
,~
Property:
Application No.
(Specify number of application)
The undersigned, (Name of Developer's Engineer) being the Developer's gineer, hereby
confinns that the Works constructed as at the date of this Application hay been installed by the
Developer under the full time supervision of the Developer's Engineer in accordance with
the requirements of the Agreement between the Developer and the Muni' 'ty.
The Worlcs installed to the date hereof and the calculation of the cost th
schedule attached hereto.
Further, the undersigned Developer's Engineer hereby confinns that the
constructed as at the date of this Application and the calculation of the
also detailed in the schedule attached hereto.
This Application is given and delivered to the Municipality's Engineer wi
the Municipality's Engineer and the Municipality will rely upon the info
in granting a reduction of the security held by the Municipality pursuant
said Agreement affecting the above property,
DATED at
, Ontario this
day of
orb I'P.ITIAining to be
ted cost thereof are
full knowledge that
tion contained herein
Section 9.2 of the
,200_.
Signature of Developer's eer
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47
SCHEDULE "L" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the unicipality's
. Agreement.
CONDmONS OF CONSENT
The Conditions of Consent for File No. B-43/05.22, 844/05.22 & B-45/0 .22 for the Corporation
of the County of Bruce as attached hereto.
I. That the owner agree in writing, with the Municipality, if deemed n by the
Municipality, to satisfy all the requirements financial or otherwise of e Municipality
concerning the provision ofparldand (or cash-in-lieu of land), roads, tion of services,
facilities and drainage; and THAT the owner enter into an Agreemen with the Municipality,
if deemed necessary by the Municipality, providing for the payment f development charge,
said payment to be made on or before the delivery of a letter by the unicipality addresses
to the Secretary of the Bruce County Land Division Committee wai g the municipal
conditions as imposed herein.
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2. That a Surveyor's drawing be completed and a copy filed with the M 'cipal Clerk, the
Registrar and two copies of the survey be filed with the Secretary- Tr of the County of
Bruce Land Division C.nmmittee or an exemption from the survey be received.
3. That 'Certification of Consent' be affixed to the deed within one y of the giving of the
Notice of Decision.
4. That the applicant pay a $100.00 fee at the time of certification ofth
pfQ'Aøi9R1i efdM Plft_:~g .\'" 1900.
6. That the applicant deed to the Municipality of Kincardine a 0.3 m road reserve along
Parts I and 4 (along Kincardine Avenue), save and except those ar to be used for road
entrances into Part 4 at no cost to the Municipality of Kincardine.
B-43/0S.22, B-
and that the Secretary-
, that the solicitor for
County of Bruce Land
condition, will be
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7. That the applicant's solicitor submit all deeds for certification for fil
44/05.22 and B-45/0S.22 to the Secretary-Treasurer at the same tim
Treasurer apply certification to all deeds simultaneously. And furth
the applicant provide an undertaking to the Secretary-Treasurer of
Division Committee that all deeds executed for the files listed in .
registered simultaneously.
NOTE: Where any conditions have been imposed and the applicant d
of one year from the date of the Notice of Decision of the Co
conditions, the application for consent sha1l thereupon be
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SCHEDULE "M" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the M 'cipality's
. Agreement.
SPECIAL PROVISIONS
"Name of Development and Loeadon of Developme t"
The following special provisions apply to this Agreement:
none
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