HomeMy WebLinkAbout23 122 The Lindston Group Inc. Subdivision Agreement (2023) By-law THE CORPORATION OF THE MUNICINALITY OF KINCARDINE
KBT
� �
Py�f i
���/C/�LIiY0fK1N�P����� r�
BY-LAW
No. 2023 - 122
Being a By-law to Authorize a Subdivision Agreement with The Lindston
Group Inc. on Golf Links Road, Municipality of Kincardine
Whereas Section 51 (26) of the Planning Act 1990, Chapter 13 authorizes
municipalities to enter into subdivision agreements as a condition to the approval
of a plan of subdivision; and
Whereas the Council of The Corporation of the Municipality of Kincardine deems
it advisable to enter into a Subdivision Agreement for a residential development
with Lindston Group Inc. for the property on Golf Links Road being composed of
PIN #33304-0154 (LT) Part Park Lots 5 and 6 Plan 10; Parts 1 and 2 RP
3R10182, Geographic Town of Kincardine, Municipality of Kincardine, County of
Bruce; now therefore be it
Resolved that the Council of The Corporation of the Municipality of Kincardine
Enacts as follows:
1. That The Corporation of the Municipality of Kincardine authorizes the
Subdivision Agreement, subject to compliance with all Municipal
requirements, with Lindston Group Inc. to ensure appropriate development
of those lands described PIN #33304-0154 (LT) Part Park Lots 5 and 6
Plan 10; Parts 1 and 2 RP 3R10182, Geographic Town of Kincardine,
Municipality of Kincardine, County of Bruce, and being more particularly
described in the Subdivision Agreement attached to this By-law as
Schedule "A".
2. That the Mayor and Chief Administrative Officer be authorized and
directed to sign and execute, on behalf of The Corporation of the
Municipality of Kincardine, the Subdivision Agreement with Lindston Group
Inc.
3. This By-law takes effect the date of passage by Council and comes into
force and effect pursuant to the provisions of the Planning Act, 1990.
4. This By-law may be cited as the "The Lindston Group Inc. Subdivision
Agreement (2023) By-law".
Read a First and Second time this 10th day of July, 2023.
Read a Third Time and Finally Passed this 10t" day of July, 2023.
� 1,�.
Mayor / Clerk
File No 15018
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
SUBDIVISION AGREEMENT
between
The Lindston Group Inc.
-and-
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Dated July 10,2023
The Corporation of the Municipality of Kincardine
1475 Concession 5, RR5
Kincardine, ON N2Z 2X6
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
SECTION 1 INTERPRETATION............................................................................................................................2
1.1 Definitions.......................................................................................................................................................2
1.2 List of Schedules..............................................................................................................................................3
SECTION 2 ORDER OF PROCEDURE...................................................................................................................4
SECTION 3 INSTALLATION OF SERVICES....................................................................................I.......................6
3.1 General............................................................................................................................................................6
3.2 Municipality's Legal end Engineering Costs....................................................................................................6
3.3 Developer's Engineer.......................................................................................................................................7
3.4 Works to be Installed.......................................................................................................................................7
3.5 Approval of Plans.............................................................................................................................................8
3.6 Notification of Commencement......................................................................................................................8
3.7 Progress of Works..........................................................................................................................................-8
3.8 Scheduling of Works........................................................................................................................................9
3.9 Contractor......................................................................................................................................................9
3.10 Utility Costs and Charges............................................................................................................................9
3.11 Access Roads...............................................................................................................................................9
3.12 Movement of Fill.......................................................................................................................................10
3.13 Damage to Existing Plant.........................................................................................................................10
3.14 Signs...................................._.......................,........................_..................................................................10
3.15 Testing......................................................................................................................................................10
3.16 Erosion and Silting Control......................................................................................................................11
3.17 Emergency Access.....................................................................................................................................11
3.18 Construction Refuse and Weeds...............................................................................................................11
3.19 Dust Control..............................................................................................................................................11
3,20 Street Names............................................................................................................................................12
3.21 Municipal Street Numbers........................................................................................................................12
3.22 Blasting.....................................................................................................................................................12
3.23 Driveways...................................................._.................._......................................._..............................12
3.24 Contaminants..........................................................................................................................................13
SECTION 4 ACCEPTANCE OF WORKS...............................................................................................................13
4.1 Stages of Construction and Services..............................................................................................................13
4.2 Inspection and Acceptance of the Works......................................................................................................13
4.3 Final Acceptance of the Works.....................................................................................................................14
4,4 Acceptance During Winter Months...............................................................................................................14
4.5 Use of Works by Municipality........................................................................................................................14
4.6 Replacement of Survey Bars..........................................................................................................................15
4.7 Ownership of Services....................................................................................................................................15
SECTION 5 MAINTENANCE OF WORKS.......................................................................................I............I...I...15
5.1 Maintenance of Works..................................................................................................................................15
5.2 RoodMointenonce........................................................................................................................................15
5.3 Emergency Repairs........................................................................................................................................16
SECTION 6 DRAINAGE AND LANDSCAPE DESIGN............................................................................................17
6.1 Drainage........................................................................................................................................................17
6.2 Preservation of Trees.....................................................................................................................................17
6.3 Lots Unsuitable for Building..........................................................................................................................17
6.4 Lot Grading............................._............................................... ...17
...................................................................
6.5 Maintenance of Lot Grading..........................._............._................................._........_................... .....20
SECTION 7 LANDS TO BE CONVEYED...............................................................................................................20
7.1 Lands for Municipal Purposes........................................................................................................................20
7.2 Easements.....................................................................................................................................................21
7.3 Turning Circles...............................................................................................................................................21
SECTION 8 ADMINISTRATION.........................................................................................................................21
8.1 Voiding Agreement........................................................................................................................................21
8.2 Developer's Expense......................................................................................................................................21
8.3 Phasing..........................................................................................................................................................22
8.4 Developer's Liabilities....................................................................................................................................22
8.5 Insurance.......................................................................................................................................................22
8.6 Legal Notice to Developer and Municipality..................................................................................................23
8.7 Registration...................................................................................................................................................23
8.8 Mortgages/Encumbrances............................................................................................................................23
8.9 Requirements for Building Permits................................................................................................................24
8.10 Requirementsfor Occupancy....................................................................................................................25
8.11 Special Building Permits/Model Homes..................................................................................................26
8.12 Right to Enter into an Agreement.............................................................................................................26
8.13 Successors and Assigns.............................................................................................................................27
8.14 Notification to Purchaser..........................................................................................................................27
8.15 Scheduling,Progress and Completion.......................................................................................................27
8.16 No Municipal Liability...............................................................................................................................28
8.17 Assignment...............................................................................................................................................28
8.18 Conflict......................................................................................................................................................28
8.19 Severability.............................................................................................................. .28
................................
8.20 Amendment..............................................................................................................................................28
8.21 Further Assurances...................................................................................................................................28
8.22 Joint and Several.......................................................................................................................................29
8.23 Headings...................................................................................................................................................29
8.24 Enurement......................................................................................._........_.............................................29
SECTION 9 FINANCIAL PROVISIONS................................................................................................................29
9.1 Development Charges,Drainage and Local improvement Charges..............................................................29
9.2 Securities.......................................................................................................................................................29
9.3 Reduction of Securities..................................................................................................................................31
9.4 Statutory Declaration of Accounts Paid........................................................................................................31
9.5 The Construction Act,R.S.O.1990 c.C.30.....................................................................................................32
9.6 Partial Release.............................................................................................................................................32
SECTION 10 SPECIAL PROVISIONS-see Schedule"M".....................................................................................32
SECTION 11 FINALIZATION OF AGREEMENT.....................................................................................................33
SECTION 12 SIGNATURES.................................................................................................................................33
SCHEDULE"A"OF AGREEMENT...........................................................................................................................34
SCHEDULE"B"OF AGREEMENT............................................................................................................................35
SCHEDULE"C"OF AGREEMENT............................................................................................................................36
SCHEDULE"D"OF AGREEMENT...........................................................................................................................37
SCHEDULE"E"OF AGREEMENT............................................................................................................................38
SCHEDULE"F"OF THE AGREEMENT.....................................................................................................................39
SCHEDULE„G"OF THE AGREEMENT....................................................................................................................40
SCHEDULE„H"OF AGREEMENT...........................................................................................................................42
SCHEDULE"I„OF AGREEMENT.............................................................................................................................43
SCHEDULE"J"OF AGREEMENT............................................................................................................................44
SCHEDULE"K"OF AGREEMENT............................................................................................................................45
SCHEDULE"L"OF AGREEMENT............................................................................................................................46
SCHEDULE"M"OF AGREEMENT..........................................................................................................................53
I
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
SUBDIVISION AGREEMENT
THIS AGREEMENT made in triplicate on the 10th day of July, 2023 A.D.
BETWEEN:
The Lindston Group Inc.
hereinafter called the"Developer
-and -
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the"Municipality"of the SECOND PART
WHEREAS the Developer is the owner of the Land described in Schedule"A"to this
Subdivision Agreement(hereinafter called the"Agreement")and proposes to subdivide
it for the purpose of selling, conveying, or leasing it in lots, by reference to a Registered
Plan of Subdivision.
AND WHEREAS the Developer declares that it is the registered owner of the lands and
has applied to the County of Bruce(hereinafter called the"County),for approval of a
Plan of Subdivision (hereinafter called the"Plan"),which is annexed hereto as Schedule
"B"to this Agreement.
AND WHEREAS the Municipality has been authorized by the County to require the
Developer to agree to construct and install certain municipal services as hereinafter
provided and herein referred to as the"Works"set out in Schedule "D"and to make
2
financial arrangements with the Municipality for the installation and construction of
required services before final approval of the Plan by the County.
AND WHEREAS the Developer is required to dedicate for public purposes certain
portions of the Lands or make a cash payment to the Municipality in lieu of dedicating
such land.
AND WHEREAS the word "Developer"where used in this Agreement includes an
individual, an Association, a Partnership, or a Corporation and wherever the singular is
used herein, it shall be construed as including the plural.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of other
good and valuable consideration and the sum of One Dollar($1.00)of lawful money of
Canada, now paid by each of the parties hereto to each of the other parties hereto, (the
receipt whereof is hereby acknowledged),the parties hereto hereby covenant, promise
and agree with each other as follows:
SECTION 1 INTERPRETATION
1.1 Definitions
The terms defined in this Section 1.1 shall have the following meanings unless the
context expressly or by necessary implication otherwise requires:
"Agreement" means this Agreement titled"Subdivision 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 Municipality
after satisfaction of the conditions identified in Section 4.3.
"Certificate of Inspection Re: Readiness for Occupancy" means the certificate
issued by the Municipality after satisfaction of the conditions identified in Section 8.10.
"Certificate of Preliminary Acceptance" means the certificate issued by the
Municipality after satisfaction of the conditions identified in Section 4.2.
"Chief Building Official" or"CBO" means the Director of Building and Planning or the
Chief Building Official,or designate for the Municipality of Kincardine
"Conservation Authority" means the Saugeen Valley Conservation Authority and its
successors and assigns.
3
"County" means the Corporation of the County of Bruce and its successors and
assigns.
"Damage/Lot Grading Deposit" means the amount of$2000.00 per lot or block shall
be paid by the Developer to the Municipality by way of cash or letter of credit as
described in Section 8.9 of this Agreement.
"Developer"means, collectively,The Lindston Group Inc.and their respective
successors and assigns. "Developer"where used in this Agreement includes an
individual,an Association, a Partnership, or a Corporation and wherever the singular is
used herein, it shall be construed as including the plural.
"Director of Infrastructure And Development"means the Director of Infrastructure And
Development or designate for the Municipality of Kincardine.
"Land and/or Lands" means the real property which is the subject of the Plan,the
legal description of which is attached as Schedule"A".
"Municipality" means the Corporation of the Municipality of Kincardine,and its
successors and assigns.
"Owner" means the Owner of a lot or block and may include the"Developer".
"Plan" means the plan of subdivision relating to the Land, a draft copy of which is
attached as Schedule"B".
"Works" means the Works and services described in Schedule"D".
1.2 List of Schedules
The following schedules are attached to and form part of this Agreement:
Schedule"A" -- Description of Lands Being Subdivided
Schedule"B" -- Plan of Subdivision
Schedule"C" -- Municipal Servicing Guidelines
Schedule"D" -- Checklist of Works to be Constructed
Schedule"E" -- Itemized Estimate of Costs of Construction of Each Part of the Works
Schedule "F" -- List of Lots Unsuitable for Building Purposes
Schedule "G" -- Owner's Final Grading Certificate
4
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
Schedule°K" -- Form of Partial Release
Schedule"L" -- Conditions of Draft Approval
Schedule"M"-- Special Provisions
SECTION 2 ORDER OF PROCEDURE
2.1 Upon application to the Municipality for the preparation of an Agreement
the Developer shall:
(a) Pay to the Municipality the fee required by the Municipality's Tariff of Fees
By-law.
(b) Pay to the Municipality the sum of five thousand ($5,000.00)dollars as a
deposit in respect of the Municipality's legal and engineering costs
referred to in Section 3.2 (a) herein.
(c) Submit a General Plan outlining the services to be installed.
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 outstanding taxes or drainage, local improvement charges
and charges under the Municipal Act including outstanding sewer rates
and/or water rates.
(c) Mutually agree with the Municipality on the parcel of land to be deeded to
the Municipality for parkland or the amount of cash to be given to the
Municipality in lieu of Parkland.
(d) Pay the amount in lieu of parkland to the Municipality or deposit the
Transfers/Deeds of Land for the parkland with the Municipality.
(e) Provide proof of postponement of any encumbrances on the lands.
(f) Deposit with the Municipality's Solicitor, copies of this Agreement
executed by the Developer, to be executed by the Municipality and
retained by the Municipality's Solicitor for registration as hereinafter
provided.
5
(g) Deliver to the Municipality's Solicitor written authorization to register this
Agreement or Notice of this Agreement both before and after registration
of the Plan,and a cheque in respect of the cost of the said registrations
where upon the Municipality's Solicitor shall register this Agreement.
2.3 Prior to starting construction on the Services,the Developer shall:
(a) Have obtained final approval of the Plan from the County and have
obtained Registration of the Plan.
(b) Have submitted and obtained the written approval of the Municipality's
Engineer for the following all to be done in accordance with the Municipal
Servicing Standards of the Municipality:
• The Drainage Area Plans;
• The Lot Grading Plan;
• The Service Layout Plan for underground electrical services,
telephone, gas, etc.;
• Final approved drawings for all Works required in Schedule"D"to this
Agreement.
(c) Submit to the Municipality the Ministry of Environment, Conservation and
Parks' Environmental Compliance Approval for the Water Supply and
Distribution System, the Sewage Collection System, and the Storm Sewer
System and Storm Water Management Works (if required).
(d) Submit to the Municipal Engineer a completed Form 1 and supporting
documentation for approval of the Water Distribution System.
(e) Submit to the Municipal Engineer a completed Form SS1 and supporting
documentation for approval of the Sewage Collection System, and where
needed a completed Form SS2 with supporting documentation.
(f) Submit the Municipal Engineer a completed Form SW1 and supporting
documentation for application of the Stormwater Management System,
and where needed a completed Form SW2 with supporting
documentation.
(g) Provide written confirmation of having obtained the approval for drainage,
road crossings, encroachment,etc. of all road authorities including the
Municipality, County, Conservation Authority, the Ministry of
Transportation of Ontario and any other authority involved.
(h) Have deeded to the Municipality the lands/blocks/easements listed in
Schedule"H".
(i) Arrange for and participate in a pre-construction meeting that includes the
developer,the developer's engineer,the general contractor, municipal
representatives, and the municipal engineer. The meeting is to be
chaired by the developer's engineer. The municipality can be expected to
6
include discussion on testing requirements for various component of the
Works and upon the requirements of this agreement.
2.4 Prior to the issuance of building permits the Developer shall:
(a) Have complied with all requirements of Section 8.9 of this Agreement.
2.5 Prior to any person occupying any building,the Developer shall:
(a) Have complied with all the requirements of Section 8.10 of this
Agreement.
SECTION 3 INSTALLATION OF SERVICES
3.1 General
Upon approval of the Plan by the County,the Developer shall design, construct
and install at his own expense and in good workmanlike manner Municipal
services to the servicing standards of the Municipality as set out in Schedule
"C"to this Agreement.
3.2 Municipality's Legal and 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 checking of
plans and specifications and for supervision and inspection on behalf of
the Municipality.
(b) The Developer shall be invoiced regularly by the Municipality for all costs
incurred by the Municipality with respect to this Agreement pursuant to
Section 3.2 (a).
(c) The Developer shall reimburse the Municipality for all costs incurred by
the Municipality as referred to in Section 3.2(a) herein,within thirty(30)
days of each billing,failing which the Municipality and its agents shall
cease all work with respect to the review of the Subdivision.
(d) The deposit referred to in Section 2.1 (a) of this Agreement shall be
retained by the Municipality as a float against any unpaid bills and such
deposit(or the balance thereof, if any)shall be returned to the Developer
at Final Acceptance of the Subdivision by the Municipality and the
Municipality being satisfied, in its discretion,that all costs in Section 3.2
(a) herein and any contingencies with respect to the Subdivision 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 maintain the
deposit referred to in Section 2.1 (a)at the sum of five thousand
7
($5,000.00)dollars, failing which the Municipality and its agents shall
cease all work with respect to the review of the Subdivision.
3.3 Developer's Engineer
The Developer shall employ engineers holding a certificate of authorization from
Professional 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 Environment, Conservation and
Parks, and others as required.
(e) To provide the field layout,the contract documentation and the full time
supervision of construction.
(f) To maintain all records of construction and upon completion,to advise the
Municipality's Engineer of all construction changes and to prepare final "as
built"drawings. Paper prints and digital versions of the"as built"drawings
shall be submitted to the Municipality prior to the issuance of the
Certificate of Final Acceptance.
(g) To act as the representative of the Developer in all matters pertaining to
the construction.
(h) To provide co-ordination and scheduling to comply with the timing
provisions of this Agreement and the requirements of the Municipality's
Engineer, for all 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 form
acceptable to the Municipality's Solicitor and the Municipality's Engineer.
(j) To take such other actions as may be required by the Municipality, acting
reasonably,for the completion of the subdivision in accordance with this
Agreement and good engineering practices.
(k) The Developer shall notify the Municipality immediately if they change the
Professional Engineer employed by the Developer for the development of
the Lands.
3.4 Works to be Installed
The Works to be installed are set out in Schedule"D"to this Agreement. This
schedule is to set out the Works in general terms only and shall not be construed
as covering all items in detail. If at any time and from time to time during the
8
development,the Municipality's Engineer is of the opinion that additional Works
are necessary to provide adequately any of the public services required by the
Plan,the Developer shall, at his expense, construct, install or perform such
additional Works at the request of the Municipality's Engineer.
3.5 Approval of Plans
The detailed plans and specifications of all services must be submitted by the
Developer to the Municipality's Engineer for endorsement of approval and such
endorsement of approval shall in no way absolve the Developer or its consulting
Engineers of responsibility for errors in or omissions from such plans and
specifications.
3.6 Notification of Commencement
The Developer shall not commence the construction of any of the Works until the
plan has been registered and the Developer has provided 72 hours written notice
to the Municipality's Engineer of his intent to commence work. Should,for any
reason,there be a cessation or interruption of construction,the Developer shall
provide 72 hours written notification to the Municipality's Engineer before work is
resumed.
3.7 Progress of Works
The Developer shall install all Works in a timely manner, in accordance with the
requirements of Schedule"C"and this Agreement. If he fails to do so, having
commenced to install the aforesaid Works,fails or neglects to proceed with
reasonable speed, or in the event that the aforesaid Works are not being
installed in the manner required by the Municipality,then upon the Municipality
giving seven (7)days written notice by prepaid registered mail to the Developer,
the Municipality 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 said Works, including the repair or reconstruction of
faulty work and the replacement of materials not in accordance with the
specifications, and to charge the cost thereof together with an engineering fee of
ten percent(10%)of the cost of such materials and Works to the Developer who
shall forthwith pay the same upon demand. If the Developer fails to pay the
Municipality within thirty(30)days of date on the bill, the money owing may be
deducted from the cash deposit, letters of credit, or other securities. It is
understood in the event that the Municipality must enter upon said lands and
have Works completed or repaired due to situations as outlined above any or all
original mylars and specifications prepared by the Developer's Engineer must be
turned over to the Municipality's Engineer for his use should he require same. It
is understood and agreed between the parties hereto that such entry upon the
lands shall be as agent for the Developer and shall not be deemed for any
purpose whatsoever, as an acceptance or assumption of the said Works by the
9
Municipality. The Municipality, in addition to all other remedies may refuse to
issue building permits until such Works are completely installed in accordance
with the requirements of the Municipality.
Without limiting the obligations of the Developer herein, if the Developer shall
default on the performance of any term,covenant or provision of this Agreement
and if such default shall continue for ten (10)days after the Developer receives
written notice of such default by the Municipality(or such shorter time as may be
required in the cases of an emergency or other urgent matters or as otherwise
provided for herein),the Municipality may perform that obligation on the
Developer's behalf and may enter onto the lands constituting the Plan for this
purpose. If the Municipality is compelled or elects to incur any expense in
connection with its performance of the Developer's obligations(including any
engineering or legal fees incurred in connection with such actions),any
reasonable costs so incurred by the Municipality,together with all interest
thereon and any damages incurred,shall be payable by the Developer 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
draw down any Letters of Credit,cash or other security for the purpose of
collecting any such expenses incurred by the Municipality.
3.8 Scheduling of Works
Prior to the start of construction and prior to the issuance of building permits,the
Developer shall supply for the approval of the Municipality's Engineer a Schedule
of Works setting out the order in which he considers the various sections of the
Works within the Plan will be built. The Municipality's Engineer may amend this
schedule and the Developer must construct, install or perform the work as the
Municipality's Engineer from time to time may direct.
3.9 Contractor
The said services shall be installed by an experienced, competent contractor or
contractors retained by the Developer.
3.10 Utility Costs and Charges
The Developer shall deal directly with all Utility companies. He or his Consulting
Engineer, shall obtain all approvals and permits and pay all fees and charges
directly to the appropriate Utility.
3.11 Access Roads
All access roads must be maintained by the Developer in good repair acceptable
to the Municipality's Engineer during the time of construction. This shall include
the removal of mud tracked from the Subdivision as well as dust control. No
roadway outside the limits of the proposed Subdivision may be closed without the
10
written consent of the Municipality. To obtain such consent, the Developer shall
advise the Municipal Clerk, not later than 14 days prior to the proposed closure,
of the date, time and duration they wish to close a roadway. All costs for
advertising the closure and signage shall be borne by the Developer. The
Municipality reserves the right to limit or prohibit the use of any existing access
road by the Developer.
3.12 Movement of Fill
The Developer covenants and agrees that it shall not dump nor permit to be
dumped any fill or debris on, nor shall it remove or permit to be removed any fill,
topsoil,trees or shrubs from any public lands, other than roads,without the
written consent of the Municipality's Engineer. The Developer further agrees that
no topsoil shall be removed from the lots and/or blocks except for construction
purposes within the development and then such topsoil shall be stockpiled during
grading operations and as each building is completed,the topsoil so stockpiled
shall be replaced on the ground around each building to comply with the
Municipal standards,and the replacing of such topsoil shall include all surfaces
not covered by buildings, driveways or pavement within the development.
Excess topsoil may be removed from the site with the approval of the
Municipality's Director of Infrastructure And Development.
3.13 Damage to Existing Plant
The Developer shall repair any damage caused to any existing road, road
allowance or existing structure or plant located on the road allowance as a result
of the development and shall pay for any costs involved in relocation of existing
service such as hydrants,telephone poles, hydro poles,pad mount transformers,
cubicles and pedestals,etc.,which may be necessary because of the
development.
3.14 Signs
Signs at least 1.2 m x 1.2 m shall be erected by the Developer in an approved
location at each entrance to the Subdivision. The signs shall read as follows:
"Roads Not Assumed by Municipality- Use at Your Own Risk".
These signs shall be installed prior to the start of construction and be removed
after all the roads have received a Certificate of Final Acceptance.
3.15 Testing
The Municipality's Engineer may have any qualitative or quantitative tests made
of any materials which have been or are proposed to be used in the construction
of any of the Works required by this Agreement,or may require television camera
or soil tests to be carried out, and the cost of such tests shall be paid by the
11
Developer within ten days of the account being rendered by the Municipality.
Nothing herein shall relieve the Developer of its responsibility to carry out any
tests required by good engineering practice.
3.16 Erosion and Silting Control
The Developer must take all necessary precautions to prevent erosion and
sedimentation of sewers, ditches, culverts,slopes, etc., both within the
Development and downstream during construction and completion of servicing.
Failing adequate precautions being taken,the Developer will be responsible for
correcting any damages and paying all maintenance costs resulting therefrom.
3.17 Emergency Access
The Developer shall at all times during construction and development of the
Works maintain emergency access to the land to the satisfaction of the
Municipality's Engineer.
3.18 Construction Refuse and Weeds
The Developer, and each subsequent Owner of Lots or Blocks within the Plan,
shall regularly dispose of all construction refuse, debris or weeds whether it be
from site servicing or house building or any other source related to the
development of the site, in an orderly and sanitary fashion. If the Developer or
subsequent Owner of the Lots or Blocks within the Plan falls to remove and
dispose of construction refuse,debris or weeds to the satisfaction of the
Municipality's By-law Officer,the Municipality may give written notice to the
Developer or lot Owner. If the Developer or each subsequent Owner of Lots or
Blocks within the Plan fails to dispose of the refuse,debris or weeds within forty-
eight(48) hours after receiving a written request from the Municipality to do so,
the Municipality may,without further notice, undertake such removal and
disposition and the cost thereof shall be paid by the Developer or each
subsequent Owner of the Lots or Blocks within the Plan forthwith upon demand,
which costs shall include all expenses incurred by the Municipality in carrying out
such removal and disposition. The burning of construction refuse, debris of
weeds,whether it be from site servicing or house building or any other source
related to the development of the site on any lands within the Plan is prohibited.
3.19 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
problem to traffic or home occupants as the Municipality shall deem necessary
and for this purpose the Municipality's Director of Infrastructure And
Development shall notify the Developer in writing from time to time of the
requirements of the Municipality.
12
3.20 Street Names
The Developer shall name all streets within the Land forming part of the Plan with
names approved by the Municipality.
3.21 Municipal Street Numbers
(a) All Lot, Block or building numbers for use within the Plan shall be allocated
by the Chief Building Official. To obtain such allocation, the Developer
shall furnish the Chief Building Official with a copy of the Plan as
registered upon which the Chief Building Official will designate the proper
numbers for each Lot, Block or building.
(b) The Developer shall display by means of a legible sign at least 300 mm x
300 mm to be erected on each Lot or Block within the Plan, the Lot or
Block number as shown on the Plan and the street number and Lot or
Block number for each Lot or Block prior to the issuance of a Building
Permit for that Lot or Block which sign shall remain until such time as the
building on such Lot or Block is 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 front of the property upon
occupancy.
(d) All costs related to Lot, Block or building numbering shall be the
responsibility of the Developer.
3.22 Blasting
The Developer agrees that no blasting will be undertaken without the written
consent of the Municipal Engineer.
3.23 Driveways
The Developer hereby agrees that the driveways for all lots will be 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 driveways
may be further limited by special provision in Schedule"M"of this Agreement.
Further, all driveways for all lots in the plan should be located in a manner that
will minimize the amount of snow that will accumulate in the lot's driveway. The
location of driveways is particularly important with respect to all corner lots
located in the plan, as these driveways entrances must be located as far as
possible from the street corner to minimize the amount of snow that will block
these driveways during the Municipality's efforts to remove snow.
13
3.24 Contaminants
In the event the Developer discovers any waste, contaminants, pollutants,
hazardous substances or any other similar substances that may be detrimental to
the environment during the development of the lands constituting the Plan,the
Developer hereby agrees to notify the Municipality and the Ministry of
Environment, Conservation and Parks immediately and take all necessary steps
and remedial efforts required by the Ministry of Environment, Conservation and
Parks and the Municipality to remove such waste, contaminants, pollutants,
hazardous substances or other substances that could be detrimental to the
environment. In taking such action,the Developer shall fulfill all legislative
requirements for the remediation and clean-up of lands constituting the Plan and
shall comply with all legislative requirements regulating the removal,
transportation and disposal of such waste,contaminants, pollutants, hazardous
substances or any other similar substances from the said lands.
SECTION 4 ACCEPTANCE OF WORKS
4.1 Stages of Construction and Services
The Municipality will grant Preliminary or Final Acceptance of servicing based
upon three(3)stages of construction; and when the development is phased,
within the whole of each phase as approved by the Municipality. Stages of
construction are as follows:
(a) Stage 1 -consists of all underground Works including storm sewers and
storm water management facilities, sanitary sewers,watermains and the
completion of Granular"B" road base and a portion of the Granular"A"for a
riding surface.
(b) Stage 2-services shall include the balance of the road Works including
granular,curbs and gutter, base asphalt,grading of boulevard areas,
sidewalks, installation of street and traffic signs, conduits, piping and
facilities for the completion of electrical servicing, street lighting and other
utilities such as gas,telephone and Cable T.V.
(c) Stage 3-services including the final coat of asphalt,topsoil and sodding,
trees,fencing and any other requirements of this agreement.
4.2 Inspection and Acceptance of the Works
When all of the services in any stage of servicing as identified above have been
completed and the Municipality's Engineer has been given written certification by
the Developer's Engineer that such services have been constructed in each
stage in accordance with the approved plans and specifications in this
Agreement and upon satisfactory inspection by the Municipality's Engineer, the
14
Municipality's Engineer will recommend that the Municipality grant a Certificate of
Preliminary Acceptance. This Certificate may include a list of minor deficiencies
which the Developer must repair. The services shall then be subject to a
guaranteed maintenance period as described in Section 5.1. Preliminary
Acceptance will not be granted prior to registration of the Plan for the
development or phase.
4.3 Final Acceptance of the Works
On receipt of a written request from the Developer for final inspection and final
acceptance following completion of the guaranteed maintenance period outlined
in Section 5.1,the Municipality's Engineer will complete an inspection and if there
are no deficiencies,will recommend to the Municipality that the Certificate of
Final Acceptance be issued. This Certificate will be issued provided that the
Developer has paid all accounts to the Municipality and the Municipality is:
Satisfied the applicable services have been completely installed;
Satisfied all repairs or maintenance work on the applicable services have
been completed.
and the Municipality has:
Approved the formal certification of final completion from the Developer's
Engineer certifying that all Works and services have been installed;
Received as-built drawings as detailed elsewhere in this Agreement.
4.4 Acceptance During Winter Months
The Municipality will not be required to provide Certificates of Preliminary or Final
Acceptance during the winter months or any other time of year when inspection
of the Works and services is impractical due to snow cover or other adverse
conditions.
4.5 Use of Works by Municipality
The Developer agrees that:
(a) The Works may be used prior to acceptance by the Municipality, or other
authorized persons for the purposes for which such Works were designed.
(b) Such use shall not be deemed an acceptance of the Works by the
Municipality.
(c) Such use shall not in any way relieve the Developer of his obligations in
respect of the construction and maintenance of the Works so used.
15
4.6 Replacement of Survey Bars
Prior to the final acceptance by the Municipality, the Developer shall deliver to
the Municipal Clerk a statement from an Ontario Land Surveyor approved by the
Municipality that after the completion of the work, he has found or replaced all
survey monuments and iron bars as shown on the registered plan.
4.7 Ownership of Services
Upon the issuance to the Developer of the Certificate of Final Acceptance,the
ownership of the services described shall vest in the Municipality and the
Developer shall have no claim or rights thereto except those occurring as an
owner of the lands abutting the streets where such services are installed.
Notwithstanding the above,the Developer and Municipality agree that on
connection of water distribution systems,the Municipality will then become the
operator of said systems. This shall not relieve the Developer of any
maintenance responsibilities under this Agreement. Any costs associated with
the repair and maintenance of the water infrastructure during the warranty period
as outlined in Section 5.2 of this Agreement shall be borne by the Developer.
SECTION 5 MAINTENANCE OF WORKS
5.1 Maintenance of Works
The Developer will be responsible for the repair and maintenance of all services
including hydro costs for street lights, until a Certificate of Final Acceptance is
issued for the Stage 2 services by the Municipality. This maintenance period
shall extend for two(2)years from the date of the Certificate of Preliminary
Acceptance for each Stage of the Works. During this maintenance period,a 10%
security holdback shall be retained by the Municipality in accordance with the
provisions of Clause 9.3(e) of this agreement. If during this period,the
Developer fails to carry out maintenance work within seventy-two (72) hours after
receipt of the request from the Municipality,then the Municipality's Engineer or
Director of Public Works may,without further notice, undertake such
maintenance work and the total costs of such work, including engineering fees,
shall be borne by the Developer. If the Developer fails to pay the Municipality
within thirty (30)days of the date of billing then the money owing may be
deducted from the deposited securities. Towards the end of the Maintenance
Period,the Developer shall make written request to the Municipality for a final
inspection to be made in respect to the issuance of the Certificate of Final
Acceptance.
16
Notwithstanding the provisions above, operational responsibility for the water
distribution system shall be transferred to the Municipality once the distribution
system is commissioned. All costs associated with repair and maintenance of
the water distribution system during the maintenance period shall be changed
back to the Developer and the Developer shall pay all such amounts to the
Municipality forthwith upon receiving the associated invoices.
5.2 Road Maintenance
The Developer will be responsible for the maintenance of the roads until final
acceptance.
Summer maintenance shall include grading, dust control and general clean-up of
the site. Winter road maintenance shall include all plowing,sanding and salting
to assure proper vehicular access within the Subdivision.
In the event that proper maintenance or snow removal is not provided by the
Developer,the Municipality,through its servants, contractors or agents may
provide maintenance and/or remove snow without notice to the Developer. Such
work will be carried out at times deemed to be an emergency by the
Municipality's Director of Infrastructure And Development. All costs of such work
shall be paid by the Developer within thirty(30)days of date of billing or
otherwise may be deducted from the deposited securities. The Developer further
agrees that any work done by the Municipality pursuant to this contract before
the roads are accepted by the Municipality shall not be deemed in any way,to be
an acceptance by the Municipality of the roads in the said Subdivision upon
which such work is done. The Developer acknowledges that the Municipality, in
providing maintenance or during snow removal, may damage or interfere with the
Works of the Developer and cause damage to such Works and the Developer
hereby waives all claims against the Municipality that he might have arising
therefrom and covenants that he will make no claim against the Municipality for
such interference or damage. Representation may be made requesting that the
Municipality consider entering into a separate Agreement with the Developer to
undertake the winter road maintenance within the Subdivision.
5.3 Emergency Repairs
Employees or agents of the Municipality may enter onto the Land at any time or
from time to time for the purpose of making emergency repairs to any of the
Works. Such entry and repairing shall not be deemed an acceptance of any of
the 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 obligations
under this Agreement.
17
SECTION 6 DRAINAGE AND LANDSCAPE DESIGN
6.1 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
Municipality's Engineer. It is understood and agreed by the parties hereto that
the drainage of surface waters on the Lots and Blocks in the Plan,are the sole
responsibility of the Developer and subsequent purchasers, and the Developer is
to provide and maintain adequate drainage of such surface waters. Satisfactory
drainage outlets shall be provided. Drainage outlets shall be constructed from
the limits of the Subdivision to a sufficient outlet in accordance with the approved
engineering drawings.
6.2 Preservation of Trees
The Developer must preserve all healthy trees within the limits of the Subdivision.
Except for the actual area of roadway construction and installation of services, no
trees whether on the road allowance, or on the parkland, or on the individual lots,
shall be removed without the Municipality's written permission.
6.3 Lots Unsuitable for Building
Any lot which will require special attention in order to be serviced will be listed in
Schedule"F" of this Agreement. Prior to the issuance of a building permit for any
lot listed in Schedule"F", the Developer's Engineer must submit a letter to the
Municipality's Engineer outlining the measures to be taken to correct the
problems on the lots. This proposal must be approved prior to applying for a
building permit.
6.4 Lot Grading
All Lands shown within the Plan shall be graded in general conformity with the
Lot Grading Plan, including fill and excavation as required for the full width and
length of the grades and levels,and to the specifications, requirements and
satisfaction of the Municipality's Engineer; provided that for residential lots and
blocks, grading must be brought within zero decimal five(0.5)metres of the final
grade and such further residential development may complete the grading. All
work done by the Developer must be of such a nature as to ensure that the
integrity and intent of the overall grading plan is functional until the Lands are
fully developed.
(a) Obligation to Grade According to Lot Grading Plan
The Lands shall not be graded except in general conformity with the grades
and elevations shown on the Accepted Grading Plan. The Plan shall bear
18
the signature and seal of an Ontario Professional Engineer holding a
Certificate of Authorization from Professional Engineers Ontario or who is
employed by a partnership or corporation holding such Certificate of
Authorization to offer professional engineering services to the public
(hereinafter called a "Professional Engineer")or a Registered Ontario Land
Surveyor who certifies thereon that the Plan generally conforms with the Lot
Grading Plan attached to the Agreement or filed with the Municipality's
Engineer.
(b) Certified Building Lot Site Plan
Subject to Section 8.9 herein, no building shall be constructed on a Lot or
Block within the Plan until a Building Lot Site Plan certified by a Registered
Ontario Land Surveyor or Professional Engineer has been filed with and
approved by the Chief Building Official of the Municipality. The Building Lot
Site Plan shall show:
• the proposed finished elevation of these lands at each corner of the
lot or block;
• the proposed finished elevation of these lands at the front and rear
of the building;
• the proposed finished elevations of the underside of the footings
and the proposed finished height of the foundation of the building;
• the proposed finished elevation of any retaining walls,the proposed
elevation of any walk-out onto these lands from the basement of
the building, and the proposed finished height of the foundation of
the building;
• the proposed finished elevation and slope of any driveway and the
proposed location of any swale or rear yard catch basin;
• the location of eavestrough downspouts; no downspouts will be
allowed to discharge in a sideyard between residences;
• swale location and elevations;
• sidewalk;
• service and driveway locations;
• any abrupt changes in the proposed finished elevation of these
lands; and
• the Lot and Registered Plan number,the municipal address for the
subject Lot or Block and the proposed location of the building
thereon in relation to the Lot or Block boundaries.
The Developer hereby agrees that the existing property line grades
abutting developed lands are not to be altered or disturbed,except as
approved otherwise by the Municipality's Engineer.
The Developer shall complete such other actions as may be required by
the Municipality,acting reasonably,to ensure that the subdivision is
19
developed in accordance with the terms of this Agreement and good
engineering practices.
(c) Owner's Final Grading Certificate
• No newly constructed building shall be occupied or used unless
there is filed, prior to occupancy,with the Municipality's Chief
Building Official,an Owner's Final Grading Certificate in the form
attached as Schedule"G" bearing the signature and seal of a
Professional Engineer or Registered Ontario Land Surveyor that
the actual finished elevation and grading of these lands generally
conform with the Lot Grading Plan and the Certified Building Lot
Site Plan.
• If occupancy occurs between November 1 and May 31 next and an
Owner's Final Grading Certificate is not filed prior to occupancy
with the Municipality's Chief Building Official,then the Owner shall
provide the Municipality's Chief Building Official with a written
undertaking to file the said Owner's Final Grading Certificate with
the Municipality's Chief Building Official by the following June 1.
• If and when the Owner's Final Grading Certificate is accepted by
the Municipality's Chief Building Official that the Lands generally
conform with the Lot Grading Plan and the Certified Building Lot
Site Plan, the Damage/Lot Grading Deposit referred to in Section
8.9(g) is returnable to the Owner subject to this Section and
Section 8.9(g) of this Agreement.
• The Owner agrees that, should drainage rectification become
necessary in the absolute discretion of the Municipality, and the
Owner fails to make such rectification when so instructed by the
Municipality, the Municipality may, at its option, undertake the
correction of such drainage and all costs over and above the two
thousand dollar ($2,000.00) deposit shall be charged back to the
Owner and shall include a management fee of 15% of the cost of
labour and material shall be a charge against the Lot or Block for
which regrading was carried out and shall be payable forthwith. The
Owner agrees that neither it nor its successors or assigns will alter
the grading or change the elevation or contour of the Land except in
accordance with drainage plans approved by the Municipality. In
addition to any other remedy, the cost for such rectification if
completed by the Municipality will be at the expense of the
subsequent owner and the Municipality may recover such expense
under Section 446 of the Municipal Act, 2001 in the same manner
as taxes.
20
(d)Obligation 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 shall be made to
the actual finished elevation and grading of the building Lot or Block in any
way that results in a material alteration of drainage on or across the
building Lot or Block or adjacent lands from that shown on the Lot Grading
Plan for the adjacent lands or the Owner's Final Grading Certificate for the
building Lot or Block.
(e) Prevention of Surface Water Flow
The Developer and each subsequent owner shall not block, impede,
obstruct or prevent the flow of surface water as provided for in the
Drainage Plan,the Lot Grading Plan or the Certified Building Lot Site Plan
over any Lot or Block by the construction,erection or placement thereon
of any damming device, building, structure or other means.
(f) Erosion Control
The Developer shall construct silt fences or other facilities as required
during construction to control overland flows from this Subdivision to
ensure that mud, silt, construction debris, etc.does not adversely affect
abutting properties, all to the specifications of the Municipality's Engineer.
6.5 Maintenance of Lot Grading
The facilities and Works required by Section 6 shall be provided and maintained
by the Developer or subsequent owner of each lot from time to time at such
party's sole risk and expense.
Should, for any reason,the Developer or subsequent Owner fail to maintain the
lot grading,they acknowledge that the Municipality, or in the case of a
subsequent Owner,the Municipality or the Developer may enter onto said
property to correct any drainage issues. The cost for any such correction
completed by the Municipality will be at the expense of the subsequent Owner
and the Municipality may recover such expense under Section 427 of the
Municipal Act in the same manner as taxes.
SECTION 7 LANDS TO BE CONVEYED
7.1 Lands for Municipal Purposes
The Developer shall convey in fee simple a good title free from encumbrances to
the Municipality, lands for municipal purposes other than roads,which shall be
mutually agreed upon by the Owner and the Municipality, or to make a cash
payment in lieu thereof as stipulated by the Municipality and also to convey to the
21
Municipality in fee simple, the 0.3 metre reserves and other lands required by the
Municipality. The deeds for the said lands are to be approved by the
Municipality's Solicitor and thereafter forthwith registered and deposited with the
Municipal Clerk. The cost for preparation and registration of the said deeds shall
be paid by the Developer. A list 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 and right-of-
ways as may be required for the installation and supply of services to the
Subdivision. A list of easements and right-of-ways to be granted to the
Municipality shall be set out in Schedule"H"of this Agreement.
7.3 Turning Circles
The Municipality may require the installation of temporary turning circles. Where
such are required,the Developer shall convey the appropriate blocks to the
Municipality for the purposes of providing the Municipality with sufficient land to
construct said turning circle(s). The block(s)conveyed to the Municipality shall
only constitute that portion of land required by the Municipality for the actual
roadway of the turning circle. The temporary turning circle shall be constructed
in accordance with Schedule"C"of this Agreement. The Developer and the
Municipality acknowledge that the block(s)conveyed to the Municipality for
turning circles shall be reconveyed to the owners in the event that the street is
connected in the future. Such conveyance and reconveyance of the block(s)
shall be completed at no expense to the Municipality. A list of said blocks is
included in Schedule"H"of this Agreement.
SECTION 8 ADMINISTRATION
8.1 Voiding Agreement
In the event that the Plan is not registered within one year from the date of the
signing of this Agreement,the Municipality may at its option declare this
Agreement to be null and void. All costs incurred shall be deducted from the
deposit paid by the Developer to the Municipality pursuant to this Agreement or
any other agreement between the Developer and the Municipality referred to
herein.
8.2 Developer's Expense
Every provision of this Agreement by which the Developer is obligated in any way
shall be deemed to include the words"at the expense of the Developer"and"as
approved or accepted by the Municipality", unless specifically stated otherwise.
22
8.3 Phasing
(a) The Municipality may instruct the Developer to construct the Works in
particular phases suitable to it and the Developer must comply. If the
Municipality does not so instruct the Developer, before commencement of
any of the Works, he may request the Municipality's permission to divide
the area into convenient phases.
(b) If the construction of the Works is to be phased,then in lieu of furnishing
securities as required by Section 9 of this Agreement for the whole of the
Works the Developer may furnish the required securities for that part of
the Works to be constructed in each phase(s).
(c) The Land upon which the Works is to be constructed in a future phase
shall be made subject to a specific Holding Zoning ("H") provision by
means of a by-law to be passed by the Municipality under Section 36(1)of
the Planning Act, R.S.O. 1990 c. P. 13 at the Developer's expense.
(d) Prior to the commencement of the construction of the Works within the
Land made subject to a Holding Zoning ("H") provision and after the
deposit with the Municipality of the securities as set out elsewhere in this
Agreement for such Land along with a written request from the Developer,
the Municipality shall at the Developer's expense pass a by-law under the
said Section 36 to remove the Holding Zoning ("H") provision.
(e) Before proceeding with an additional phase, the Developer shall obtain the
written approval of the Municipality and no Works shall be permitted to be
installed and no building permits issued until this approval has been given
in writing by the Municipality.
(f) Subject to Section 8.15 herein, commencement of construction within
subsequent phases of this subdivision, or other subdivisions of the
Developer herein within the Municipality of Kincardine, may not proceed.
8.4 Developer's Liabilities
Until the Municipality has issued the Certificate of Final Acceptance for the
Works, the Developer hereby indemnifies and saves harmless the Municipality
against all actions, causes of action, suits, claims and demands whatsoever
which may arise either directly or indirectly by reason of the Developer
undertaking the Plan.
8.5 Insurance
The Developer shall insure against all damages or claims for damage in an
Insurance Company satisfactory to the Municipal Clerk. Such policy or policies
shall be issued in the joint names of the Developer,the Municipality and the
23
Municipality's Engineer and the form and content shall be subject to the approval
of the Municipality. The minimum limits of such policies shall be$5,000,000 all
inclusive, but the Municipality shall have the right to set higher amounts. The
said insurance policy shall include a provision that requires the insurance
company to provide the Municipality with thirty(30)days' notice of termination of
such policy. The policy shall be in effect for the period of this Agreement
including the period guaranteed maintenance pursuant to Section 5 of this
Agreement. The issuance 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.
8.6 Legal Notice to Developer and Municipality
Any notice required to be given hereunder may be given by fax, personal service
delivered directly to the Developer or the Developer's engineer or by registered
mail addressed to the Developer at its principal place of business, as identified in
this Agreement or as provided by the Developer from time to time or as shown on
the last revised assessment roll in the possession of the Municipality's Clerk, and
shall be effective as of the date delivered or sent via fax or shall be effective,in the
case of registered mail,the 51 day after the date the Notice was deposited in the
Post Office.
Any notice required to be given to the Municipality hereunder shall be given to the
Municipality by registered mail to:
Municipality of Kincardine
1475 Concession, RR#5
Kincardine, ON N2Z 2X6
ATTN: Clerk
8.7 Registration
The Developer consents and authorizes the registration of this Agreement by the
Municipality's Solicitor on title to the Lands both before and after the registration
of the Plan in the Land Registry Office, which said registration is at the sole
discretion of the Municipality and all costs of registration shall be paid for by the
Developer.
The Developer hereby agrees that until the Municipality has registered this
Agreement upon title to the Lands, no lots or blocks in the plan shall be conveyed.
8.8 Mortgages/Encumbrances
The Developer covenants and agrees to obtain and register, at its sole cost and
expense, a postponement from each encumbrancer with a charge registered
24
against title to the Land (or part thereof)so that notice of this Agreement shall be
registered in priority to any such charge.
Further,the mortgagee, if any, agrees that in the event of him assigning or
transferring the mortgage on the lands,the assignment or transfer shall be
subject to the terms hereof in the same manner as if the assignee or transferee
had executed this Agreement.
8.9 Requirements for Building Permits
The approval of the Plan by the Municipality or the acceptance by the
Municipality of the Works shall not be deemed to give any assurance that
Municipal building permits, when applied for will be issued in respect of the Lots
or Blocks shown on the Plan. Notwithstanding the foregoing,the Developer
agrees that it, or anyone claiming titled from it or under its authority, shall not
apply for any building permits for Lots or Blocks within the Plan until all
requirements hereinafter set out have been carried out to the satisfaction of the
Municipality. It is agreed that a copy of this Section 8.9 shall be delivered by the
Developer to each and every Purchaser of Land within the Plan and to each and
every Builder obtaining a Building Permit for any Lot or Block or part of a Lot or
Block within the Plan and the Developer shall extract a covenant similar to this
covenant from all such Purchasers and Builders. The Municipality shall have the
right to refuse any such application until:
(a) Preliminary Acceptance has been granted for Stage 1 servicing for that
phase of the Subdivision.
(b) The Developer has provided written confirmation that
lands/blocks/easement listed in Schedule"H" have been conveyed to the
Municipality.
(c) The Developer has provided sufficient documentation to the Municipality's
Engineer confirming that electrical distribution and street lighting and the
remaining underground services, telephone,cable t.v., and gas are being
scheduled for installation;and will be completed within six (6)weeks of the
date of issuance of the building permit.
(d) Approval of the Municipality has been obtained for the construction of any
buildings to be erected on Lots or Blocks that may be listed in Schedule
°F" hereto.
(e) A certificate has been given by the Municipality's Chief Building Official
that the building location is in compliance with the zoning by-law of the
Municipality.
(f) The signs denoting "Unassumed Roads" have been installed at the
entrances to the Subdivision.
(g) All dead trees within the limit of the Plan have been removed.
25
(h) All street identification signs required by this Agreement have been
installed and are in place.
(i) Payment to the Municipality by cash or letter of credit in the amount of
$2,000.00 as a Works Damage/Lot Grading Compliance Deposit(herein
"Damage/Lot Grading Deposit")per Lot or Block in the Plan of which the
sum of$100.00 is non-refundable. The balance of the Damage/Lot
Grading Deposit shall be refundable in whole or in part after the building
has been constructed and occupied,an Owner's Final Grading Certificate
has been filed with and accepted by the Municipality's Chief Building
Official and the required service connections have been made and all
damages to the Works which form the subject matter of this Agreement
resulting from house building and/or landscaping activities on the subject
Lot or Block have been repaired to the satisfaction of the Municipality's
Chief Building Official and Municipality's Director of Public Works.
Q) With respect to repair of damage to the Works, in the event that the Owner
fails to repair the damage to the Works when so instructed by the
Municipality's Chief Building Official or the Municipality's Director of Public
Works,the Municipality may,at its option, undertake the repair of such
damage and all costs over and above the$2,000.00 deposit shall be
charged back to the Owner and shall include a management fee of 15% of
the cost of labour and material, shall be a charge against the Lot or Block
for which repairs were carried out and shall be payable forthwith.
(k) Payment to the Municipality by cash in the amount of the current
applicable Development Charge(s) per Lot or Block in the Plan under the
Development Charges By-law of the Municipality.
(1) A Certified Building Lot Site Plan has been filed with the Chief Building
Official of the Municipality pursuant to Section 6.4(b).
(m) The Developer agrees that the preceding requirements in this Section 8.9
are in addition to and not in substitution of the requirements of the Ontario
Building Code Act as amended and regulations thereunder with respect to
the issuance of Building Permits.
8.10 Requirements for Occupancy
Subject to Section 8.11 herein, no building erected on the Lots or Blocks within
the Plan shall be occupied until a Certificate of Inspection re: Readiness for
Occupancy has been issued by the Municipality's Chief Building Official and the
said Certificate shall not be issued until:
(a) Preliminary Acceptance has been granted for Stage 2 servicing for the
phase of the Subdivision including the Lot or Block.
26
(b) The roadway from the entrance of the Subdivision to and including the lot
or block of which the building is a part, has received the base course
asphalt.
(c) The electrical distribution plant including street lights have been installed
and approved by the Utility.
(d) The traffic and street signs have been installed and approved by the
Municipality's Engineer.
(e) Subject to Section 6.4(c),the final grading of the Lot or Block is in
conformity with the overall grading plan or such variances therefrom as
have been approved by the Municipality's Chief Building Official pursuant
to Section 6.4 (c).
(f) The telephone lines, cable T.V. and gas mains have been installed and
approved by the Municipality's Engineer.
(g) The Developer agrees that the preceding requirements in this Section are
in addition to and not in substitution of the requirements of the Building
Code Act, 1992, S.O. 1992, c.23,and any amendments thereto and
regulations thereunder with respect to certificates for occupancy.
8.11 Special Building Permits/Model Homes
Pursuant to Section 8.9 building permits are not obtainable until certain services are
installed and approved by the Municipality's Engineer. The Municipality agrees that
if the Developer or a builder wishes to obtain a building permit prior to the installation
of services, as set out in Section 8.9, a permit may be issued provided the
Developer or Builder has executed a No-Occupancy Agreement(Schedule"I")and
the Municipality may require a deposit or Letter of Credit as a guarantee of no-
occupancy. In the event that the Developer fails to meet all the requirements set out
in Section 8.10 for any building permit that is issued pursuant to the Developer's
delivery of a No-Occupancy Agreement, the Developer hereby acknowledges that
the deposit shall be immediately forfeited to the Municipality. Such failure to meet
the Section 8.10 obligations shall constitute a breach of this Agreement and the
Municipality may immediately draw down any security held under this Agreement to
complete any work required or fulfill any other requirements of Section 8.10 for any
model home that was built pursuant to this Section 8.11.
8.12 Right to Enter into an Agreement
The Developer agrees not to call into question directly or indirectly in any
proceedings whatsoever in law or in equity any administrative tribunal, the right
to the Municipality to enter into this Agreement and to enforce each and every
term, covenant and condition herein contained and this Agreement may be
pleaded as an estoppel against the Developer in any such proceedings.
27
The Developer acknowledges that the Municipality is entering into this
Agreement and approving the Plan on the express representation of the
Developer that it and its successors and assigns shall observe and perform all
the provisions of this Agreement and that the Municipality is of the opinion that
the Plan would not be in the public interest if the Developer, its successors and
assigns,the owner or owners from time to time of the land within the Plan were
not obligated to observe and perform all the provisions hereof except to the
extent the Municipality may lawfully change them.
8.13 Successors and Assigns
The covenants, agreement, conditions, and undertakings herein contained on the
part of the Developer shall run with the land and shall be binding upon it and
upon its successors and assigns as owners and occupiers of the said lands from
time to time.
8.14 Notification to Purchaser
The Developer shall in every Agreement of Purchase and Sale or Offer to Purchase
pertaining to any Lot or Block within the Plan notify each purchaser of all of the
payments to be made by the purchaser to the Municipality pursuant to this
Agreement and all of the provisions of this Agreement which shall continue in force
after the completion of the sale. Further,the Developer shall furnish a list of those
services included in the purchase,specifying those installed and those to be
installed at no additional cost.
8.15 Scheduling, Progress and Completion
The Developer shall commence construction of services within eighteen (18)
months of the signing of this Agreement or the registration of the Plan whichever
is earlier. Within eighteen (18) months of the date of commencement of the
servicing of any phase,the Developer shall complete the installation of the Stage
1 and Stage 2 services. In any phase,the top coat of asphalt shall be completed
within twenty-four(24) months of preliminary acceptance of Stage 2 of the
services; unless written consent altering this condition is received from the
Municipal Engineer. Failure to adhere to the above schedule may result in the
Municipality completing the Works in accordance with Section 3.7 of this
Agreement. If the development is phased, the date 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 schedule above may result in
the Municipality declaring this Agreement to be null and void,and the Municipality
may deem the property not to be a Plan of Subdivision.
28
8.16 No Municipal Liability
This Agreement and the provisions herein do not give the Developer or any
person acquiring any interest in the land within the Plan (each hereinafter in this
clause called "such person"), any rights against the Municipality or the
Municipality's Engineer with respect to the failure of any such person to perform
any obligations under this Agreement or the failure of the Municipality to force
such person to perform any obligations under this Agreement or any negligence
of any such person 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 work or services done
or performed by the Municipality's Engineer under this Agreement 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 Assignment
The Developer shall not assign this Agreement without the prior written consent
of the Municipality,which consent may not be unreasonably withheld.
8.18 Conflict
In the event of any conflict between or among the plans and specifications
relating to the construction of the Works, the Municipality's Engineer shall decide
which provisions shall prevail.
8.19 Severability
If any term, covenant or provision of this Agreement shall be found or declared
by a Court of competent jurisdiction to be invalid, unenforceable or ultra vires,
such term, covenant or provision shall be conclusively deemed to be severable
from all other terms, covenants and provisions of this Agreement and the
remainder 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, the Developer agrees
that the Municipality may,with the consent of the then registered owner of any
land within the Plan, amend this Agreement insofar as it specifically affects such
land or any part thereof.
8.21 Further Assurances
The Developer agrees that it shall and will, on the request of the Municipality,
make, do, execute or cause to be made,done or executed all such further and
29
other deeds, acts, things and assurances to ensure the full implementation of this
Agreement and to satisfy the intention of the parties as set out in this Agreement.
8.22 Joint and Several
All terms, covenants, provisions and obligations of the Developer in this
Agreement shall be joint and several.
8.23 Headings
The headings contained herein are for reference only.
8.24 Enurement
This Agreement shall be binding upon and enure to the benefit of the parties hereto
and its respective heirs,executors,administrators, successors and assigns.
SECTION 9 FINANCIAL PROVISIONS
9.1 Development Charges, Drainage and Local Improvement Charges
Development Charges shall be paid in accordance with the current Development
Charges By-law of the Municipality.
The Developer agrees to pay for all arrears of taxes outstanding against 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 lands
on the basis and in accordance with assessment and collector's roll entries until
such time as the lands herein being subdivided have been assessed and entered
on the Collector's Roll according to the Registered Plan.
Before the Plan is approved the Developer agrees to commute and pay all
charges made with respect to the Drainage Act, the Local Improvement Act, and
the Municipal Act, including but not limited to charges or rates outstanding in
respect of the Lands under any sewer rate and/or water rate by-law which are
assessed against the property on the Plan. Before the Plan is approved the
Developer agrees to commute and pay the Municipality's share of any charges
made under the said Drainage Act,the said Local Improvement Act and the said
Municipal Act presently servicing this property and assessed against it.
9.2 Securities
Prior to registering this Agreement,the Developer shall deposit with the
Municipality to cover the faithful performance of the contract for the installation of
30
the services and the payment of all obligations and contingencies arising
thereunder the following securities:
(a) Cash in the amount of One Hundred Percent(100%) of the estimated cost
of all of the Works as set out in Schedule"E"and as approved by the
Municipality's Engineer and Municipal Council, or
(b) An irrevocable Letter of Credit from a chartered bank, issued in form and
content satisfactory to the Municipality's Solicitor, in the amount of One
Hundred Percent(100%)of the estimated cost of all Works as set out in
Schedule"E"and as approved by the Municipality's Engineer or
(c) Some combination of cash and Letter of Credit, totaling 100% of the
Schedule"E"estimate.
(d) Prior to depositing the securities,the Developer's Engineer shall submit an
estimate of the cost of the Works to the Municipality's Engineer for
approval. When the cost estimate has been approved it will be set out in
Schedule"E"of this Agreement and will become the basis for the limits of
these securities.
(e) All Letters of Credit shall be for a minimum guaranteed period of one(1)
year or such longer time as the Municipality may decide. All Letters of
Credit referred to in this Section shall contain the following clause:
"It is a condition of the Letter of Credit that it shall be deemed to be
automatically extended without amendment from year to year from the
present or any future expiration date thereof, unless at least thirty(30)
days prior to the present or any future expiration date, we notify you in
writing by registered mail that we elect not to consider this Letter of Credit
to be renewable for any additional period."
(f) Unless each and every Letter of Credit is renewed as noted above,the
Municipality shall have the absolute right to refuse to issue building
permits and to prohibit occupancy of homes,whether partially or fully
completed, from the said date thirty(30)days prior to the expiration of that
Letter of Credit.
(g) The amount for securities shall be submitted by the Engineer for the
Developer to the Municipal Engineer for review. The agreed upon security
amount shall be inserted in Schedule"E"to this Agreement.
The Municipality reserves the right, at any time, to review the amount of security
deposited in light of the value of the work remaining to be completed for any
current or subsequent phases of the project and to require an adjustment in the
securities, such adjustment to be based upon any anticipated changes to site
conditions or construction costs.
31
9.3 Reduction of Securities
An application for the reduction of the security on deposit with the 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(30)clear days
thereafter.
(a) To obtain a reduction in security the Developer shall file with the
Municipality's Engineer a written application in accordance with Schedule
"J"attached hereto.
(b) The application shall include written confirmation from the Developer's
Engineer:
• describing the Works constructed as at the date of the application and
a calculation of the cost thereof.
• confirming that the Works have been installed by the Developer with
full time supervision of the Developer's Engineer and in accordance
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 thereof.
(c) The value of the reduction shall be determined by the Municipality's
Engineer who shall give a certificate to the Municipal Clerk and the
Developer confirming the amount of the reduction of the security and the
amount of the security remaining on deposit with the Municipality.
(d) The value of the reduction shall be based upon the one hundred percent
(100%) of the value of the Works remaining to be completed by the
Developer plus ten percent(10%)of the value of the Works completed to
the date of the application. Should Final Acceptance be granted for any
Stage or Stages of the works,then the reduction shall be based upon one
hundred percent(100%)of the value of the Works remaining to be
completed by the Developer plus ten percent(10%)of the value of the
Works for those Stages of construction that have not received Final
Acceptance to the date of the application
(e) As a minimum security,subject to any outstanding deficiencies or
contingencies,the Municipality throughout the maintenance period shall
hold as security the greater of ten percent(10%)of the estimate of the
cost of the Works as set out in Schedule"E"or twenty thousand dollars
($20,000.00).
9.4 Statutory Declaration of Accounts Paid
The Developer agrees that upon applying for a discharge of securities or for a
Certificate of Preliminary Acceptance for the services, he shall supply the
Municipality with a Statutory Declaration that all accounts for work and materials
32
for said services have been paid except normal guarantee holdbacks and that
there are no claims for liens or otherwise in connection with such work done or
materials supplied for or on behalf of the Developer in connection with the
Subdivision.
9.5 The Construction Act, R.S.O. 1990 c. 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 with the
Construction Act, R.S.O. 1990, c. C.30, and will otherwise indemnify and save
harmless the Municipality against any claims,actions or demands for
construction liens or otherwise in connection with the Works and all costs in
connection therewith, and on the demands of the Municipality's Solicitor will
forthwith take such steps to immediately discharge all liens upon the services.
Notwithstanding anything to the contrary contained in this Agreement, the
Developer hereby agrees that the filing of any liens pursuant to the said
Construction Act,with respect to the land described in Schedule"A"attached
hereto, shall constitute a default by the Developer of the terms of this Agreement
and shall entitle the Municipality to draw on any or all of the security referred to in
Section 9.2 of this Agreement and to utilize said draw to make payment into
Court of the holdback together with costs.
9.6 Partial Release
Council for the Municipality may by resolution or bylaw authorize a partial release
of obligations on the owners of a lot, at Council's sole discretion. Said partial
release shall be in the form attached hereto as Schedule "K".
The completion and registration of such partial release shall constitute a full and
final release of the obligations of the Developer, with the exception of lot grading
requirements included in Section 6 of this Agreement, as established hereunder
with respect to the Lot named therein.
Notwithstanding the foregoing, the Clerk shall not be required to execute a partial
release until the various services have been completed in accordance with the
terms of this Agreement and the plans and specifications provided for herein.
SECTION 10 SPECIAL PROVISIONS—see Schedule "M"
10.1 The Developer and the Municipality agree that the provisions set forth in the
attached Schedule"M"form an integral part of this Agreement.
33
SECTION 11 FINALIZATION OF AGREEMENT
11.1 The Developer and Mortgagee(s), if any, hereby authorize the Municipality to add
to Schedule"A"to this Agreement and to all deeds,easements and other
documents delivered by the Developer to the Municipality to fulfil the terms of this
Agreement,the number of the Plan once registered.
SECTION 12 SIGNATURES
IN WITNESS WHEREOF the parties hereto have affixed their hands and seals attested
to by the hands of the proper officer duly authorized on its behalf.
(The Lindston Group Inc.
(
(
(Title:
( ]/We have authority to bind the Corporation
(
(THE CORPORATION OF THE MUNICIPALITY
(OF KINCARDINE
( t
(Mayor
(Clerk
(We have authority to bind the Corporation
Developer's Address:592 Queen St, Kincardine, Ontario N2Z 21-18
Developer's Telephone: 519-389-7718
Developer's Email: keith@battlingbattler.com
34
SCHEDULE"A"OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
DESCRIPTION OF LANDS BEING SUBDIVIDED
PIN#33304-0154 (LT) Plan 10 Pt Park Lot 5 and 6-RP 3R10182 Parts 1 and 2,
Geographic Town of Kincardine, Municipality of Kincardine, County of Bruce
35
SCHEDULE"B"OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
A Draft Plan of Subdivision of for Plan 10 Pt Park Lot 5 and 6-,RP 3R10182 Parts 1 and
2, Geographic Town of Kincardine, Municipality of Kincardine, County of Bruce,
completed by R. J. Burnside&Associates Limited, dated April 9,2021, as filed with The
Corporation of the County of Bruce as part of an application for a Plan of Subdivision is
available in the offices of the Municipality of Kincardine for review.
36
SCHEDULE"C" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
MUNICIPAL SERVICING STANDARDS
The Municipal Servicing Guidelines published by the Municipality dated September 15,
2017, shall provide the basis of designing municipal services with the Development.
The Municipality reserves the right, should those Servicing Guidelines be amended
within three years of the date of registration of the first phase of any Development to
require the Developer to alter its designs to satisfy those new Guidelines.
37
SCHEDULE"D"OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
CHECKLIST OF WORKS TO BE CONSTRUCTED
1. Roads complete with asphalt paving and curb and gutter Q
2. Storm Water Management Plan, storm sewers and private
drain connections Q
3. Sanitary sewers and building connections to the lot line Q
4. Water distribution system,fire protection and building connections
to the lot line Q
5. Grading and requirements of a site grading plan Q
6. Underground electrical distribution system and an electrical service Q
7. Street lighting Q
S. Utility obligations—telecommunications, electrical distribution Q
9. Sidewalks Q
10. Topsoil and sod on boulevard from property line to curb ✓❑
11. Pedestrian walkways Q
12. Vegetation retention/Tree planting plan Q
13. Lot house number signs Q
14. Street name signs Q
15. Traffic signs,as required Q
Note: Works Required Denoted by Q
38
SCHEDULE"E" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
ITEMIZED ESTIMATE OF COSTS OF CONSTRUCTION
OF EACH PART OF THE WORKS
ITEM AMOUNT
General(mobilization,traffic control layout) $9,400.00
Erosion and Sediment Control $27,000.00
Clearing and Earthworks $96,500.00
SWM Facility $21,100.00
Storm sewers and channel $205,300.00
Sanitary Sewers $147,600.00
Watermain $117,700,00
Roadwork $159,900.00
Exiting ROW Restoration $22,500.00
Surface Works $66,400.00
Allowance for Engineering $61,200.00
Subtotal $934,600.00
HST(13%-rounded) $121,500.00
Total Security $1,056,100.00
39
SCHEDULE"F" OF THE AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES—CLAUSE 6.3
None
40
SCHEDULE "G"OF THE AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
OWNER'S FINAL GRADING CERTIFICATE
The undersigned hereby certifies to the Corporation of the Municipality of Kincardine
(the"Municipality")that the foundations of the buildings and structures and any
openings in any such foundation walls constructed on the following property:
STREET NO. STREET
MUNICIPALITY
LOT/BLOCK REGISTERED PLAN NO.
Have been constructed, at or above the elevations illustrated on the overall 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
grading survey attached.
The undersigned further certifies to the Municipality that a field survey has been
completed by the undersigned and that:
1. The final grading of the above referred to property has been completed in substantial
compliance with the Certified Building Lot Site Plan referred to in the Agreement.
2. The grade elevation of all lot boundaries and corners including the front lot corners
of the property are in substantial compliance with the Certified Building Lot Site Plan;
and
3. The above lot has been graded to provide positive drainage in the front, rear and
sideyard and that there is no area of the property which is subject to ponding of
water; and
4. That in all cases,the final grading conforms to the intent of the grading plant.
This certificate is given and delivered to the Municipality in full knowledge that the
Municipality relies on this certification in providing a release of the applicable Agreement
affecting this property.
41
DATED at Ontario this day of 20_
Signature of OLS/Professional Engineer
NOTE: Copies of this Owner's Final Grading Certificate are available at the
Municipality's Building Department.
42
SCHEDULE"H" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
LANDS FOR MUNICIPAL PURPOSES TO BE CONVEYED TO THE MUNICIPALITY
Block 34—SWM
Additional lands to be conveyed to Municipality—SWM
(shown as block 35 on Burnside drawing set dated May 2,2023)
Blocks 35 and 36 —0.3 m. reserves
(shown as 0.3 m reserves on Blocks 20,21, 32 on Burnside drawing set dated May 2,
2023)
LIST OF EASEMENTS TO BE GRANTED TO THE MUNICIPALITY
4.0 m drainage easement rear of lots
14,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29,30,31, and 32
4.0 m drainage easement between lots 13 and 14
43
SCHEDULE"I" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
NO OCCUPANCY AGREEMENT
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of
other good and valuable consideration and the sum of One ($1.00) Dollar of lawful
money of Canada, the Parties hereto mutually covenant and agree as follows:
1. In consideration of the Corporation of the Municipality of Kincardine issuing a
building permit to the Owner for
the
Owner covenants and agrees that it will not apply for an occupancy permit until the
above referred to services have been installed to the satisfaction of the Municipality;
2. The Municipality hereby acknowledges that it has a cash deposit from the
Developer in the sum of and will use its best efforts
to see to it that the above referred to services are completed
by
THIS AGREEMENT shall 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 Agreement.
SIGNED, SEALED AND DELIVERED
This day of 20
(
(
( DEVELOPER(NAME OF DEVELOPER)
(
( THE CORPORATION OF THE
( MUNICIPALITY OF KINCARDINE
(
(
( Mayor
(
(
( Clerk
( We have authority to bind the Corporation.
44
SCHEDULE"J" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
APPLICATION FOR REDUCTION OF SECURITY
To: (Name of Municipality's Engineer), Engineer, of
Developer: (Name of Developer)
Agreement: (Date of Agreement)
Property: (Legal Description of Property)
Application No. (Specify number of application)
The undersigned, (Name of Developer's Engineer) being the Developer's Engineer,
hereby confirms that the Works constructed as at the date of this Application have been
installed by the Developer under the full time supervision of the Developer's Engineer
and in accordance with the requirements of the Agreement between the Developer and
the Municipality.
The Works installed to the date hereof and the calculation of the cost thereof are
detailed in the schedule attached hereto.
Further,the undersigned Developer's Engineer hereby confirms that the Works
remaining to be constructed as at the date of this Application and the calculation of the
estimated cost thereof are also detailed in the schedule attached hereto.
This Application is given and delivered to the Municipality's Engineer with full knowledge
that the Municipality's Engineer and the Municipality will rely upon the information
contained herein in granting a reduction of the security held by the Municipality pursuant
to Section 9.2 of the said Agreement affecting the above property.
DATED at Ontario this day of 20_
Signature of Developer's Engineer
Name of Developer's Engineer
45
SCHEDULE"K" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
FORM OF PARTIAL RELEASE:
PARTIAL RELEASE
IN FAVOUR OF:
Herein called the"Owner"
WHEREAS the Owner entered into certain obligations in favour of the Corporation of
the Municipality of Kincrdine under an Agreement registered against the lands
hereinafter described as Instrument No.
AND WHEREAS the Owner has satisfied and fulfilled all of those obligations.
NOW THEREFORE the Corporation of the Municipality of Kincrdine releases the Owner
from the obligations contained in the said Agreement,with the exception of the lot
grading provisions in Section 6.5 in said Instrument No. ,as amended, and
certifies that all other provisions of that Agreement, as amended, are no longer binding
with respect to the said lands. The lands released hereby are:
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and
being in the of ( ), County of and being
composed of Lot Registered Plan , the of
has, by Bylaw , registered in the said registry office as Instrument No.
, provided that this Partial Release shall be executed by the Clerk and
sealed with its seal.
DATED this day of 20
Clerk
46
SCHEDULE"L"OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
CONDITIONS OF DRAFT APPROVAL
The Council of the Corporation of the County of Bruce hereby issues
Draft Approval to Following Application:
File Number S-2021-010
For The Lindston Group Inc.
In Respect Of PLAN 10 PT PARK LOT 5 AND 6; RP 3R10182
PARTS 1 AND 2
Geographic Township of
Kincardine Municipality
of Kincardine
Date of Draft Approval As per the County Decision Sheet
The following conditions have been established by the County of Bruce and must
be met prior to the granting of Final Approval:
Identification
1. That this approval applies to Plan of Subdivision File S-2021-010 for the Lindston
Group Inc. on lands legally known as PLAN 10 PT PARK LOT 5 AND 6;
RP 3R10182 PARTS 1 AND 2(Geographic Township of Kincardine),
now in the Municipality of Kincardine, prepared by Burnside
Engineering,dated April 9, 2021.
Lot Layout and Density
2. That this approval is in accordance with the'Land Use Schedule'on the Plan of
Subdivision, prepared by Burnside Engineering dated April 9,2021.
Servicing, Stormwater Management, Public Roads,Walkways,Streetlighting&Future
Development.
3. Sidewalks shall be installed on one side of the local streets in a
location and standard approved by the Municipality of Kincardine
4. Before any lots, blocks, roads,service corridors, 0.3 metre reserves, identified in
this Plan are conveyed to the Municipality of Kincardine,they shall be free and
clear of encumbrances.
47
5. All street and public lighting fixtures shall be dark-sky compliant.
6. The Owner agrees ho transfer io the Municipality the following blocks,
free and clear ufencumbrances:
w Block J4aoaStonnwut rMmnagement(SVVM) B|och
° Blocks 35 and 38aa0.3 metre reserves
7. The Owner agrees to dedicate the road allowances am identified on
'Street A'on the Plan to the Municipality, free and clear of
encumbrances, and that the street be named to the Municipality's
satisfaction,
8� Temporary turning circles or other approved turnarounds,shall be
installed, if required by the approved phasing/staging ofthe
subdivision, to the Municipality's satisfaction. Provisions for the design,
construction, and deoomm|wm|mnimgof the turnarounds shall be
incorporated in the subdivision agreement.
Q. The Owner acknowledges that Draft Approval ie not o commitment by
the Municipality of Kincardine to water or sanitary servicing capacity
generally,
1O.VVetennainm shall be looped as required by the Municipality nf Kincardine.
11.Fire hydrant leads shall be extended ov appropriate easements nr
Blocks from the existing Golf Links Road watennainbo 'Street A^
12.The Owner shall prepare an erosion control plan to the Municipality's satisfaction.
13.N|i�nterna(and external oem�oea and upgrades to existing services
required for the development of this Plan shall bm designed bya
qualified professional to the Municipality of Kincardine satisfaction
and in accordance with the Municipality's Development Manual and
constructed/installed at the owner's expense.
Parkland/Open Space
14.Tha\the Owner conveys land in the amount required pursuant to
Kincardine's Official Plan for park purposes.Alternatively, the
Municipality of Kincardine may accept uash'in-lieu for the said
conveyance and under provisions of Kincardine's Official Plan. The
Municipality may also accept a combination of land and cash tosatisfy
this requirement.
48
Easements
15.Thut the Owner agrees tm grant such easements as may be
required for utility or drainage purposes to the Municipality of
Kincardine or other appropriate authority.
Subdivision Agreement
18.That the Owner enter into an agreement with the Municipality of
Kincardine to satisfy all the requirements of the h1mmicipa|ity,and
including matters required in these conditions of approval and may also
include the following ho the satisfaction nfthe Municipality ofKimomrdine�
i the contribution tonr the making of any required off-site improvements.
Hi Cost sharing for servicing provided to service external lands.
17.That the Subdivision Agreement be registered by the Municipality of
Kincardine against the land to, which it app[iee and o copy of the
registered agreement be forwarded to the County of Bruce ot the time of
Final Approval of the Plan.
Staging and Lapsing
18.That the Owner agrees to stage any development mf the Plan ino
manner satisfactory to the Municipality nf Kincardine and County of
Bruce.
18.The Owner shall prepare u Phasing Plan, if deemed necessary bythe
Municipality, outlining the timing of the required studies, and the design
and timing of construction of all amenities and services (road
cumetruction, services, sidewalks, etc.).
20.That the Draft Approval for Plan of Subdivision S-2021'010 for the
Uvdstnn Group Inc iu the Municipality of Kincardine shall lapse as/bUowa�
a. For the first phase,three(3)years after the date of Draft Approval
unless i1 has been extended by the County of Bruce with the
concurrence of the Municipality ofKincardine;and
b. For any subsequent phases,five(5)years after the date wfFinal
Approval of the preceding phase.
Utilities&Canada Post
21.An overall utility distribution plan shall be prepared and submitted for
approval to the satisfaction of the Municipality ofKincardine.
49
22.The Owner agrees0o make satisfactory arrangements with the
appropriate electric provider for the provision of permanent or
temporary electrical services tu this Plan.
23.The Owner agrees 1n make satisfactory arrangements for the provision
uf permanent nr temporary telecommunications services and cable
services to this Plan.
24 The Owner agrees to make satisfactory arrangements for the provision
of permanent mr temporary gas services tu this Plan.
25.The Owner agrees to make satisfactory arrangements for the
installation of postal boxes, if deemed necessary hy Canada Post, The
location and design of postal boxes shall be jointly approved by
Canada Post and the KXuniripaNty of Kincardine.
Official Plan and Zoning By-law
26.That the County of Bruce be advised by the Municipality ofKincardine
that the Plan of Subdivision conforms to the Municipality ofKincardine
Official Plan approved under the Planning Act.
27.That the County of Bruce be advised by the Municipality ofKincardine
that the Plan of Subdivision conforms to the Zoning By-law approved
under the Planning Act. Holding provisions, pursuant tn Section 3Omf
The Planning Act may be used im conjunction with, any zone category to
be applied to the subject lands in order to ensure that development
does not occur until such time am the Holding^H^symbol ia removed in
accordance with the provisions of The Planning Act. The Zoning By-law
mhmN specify the terms under vvbioh Council may consider the removal
of the Holding ^H''symbol.
Notices&Warning Clauses
28.Thmt the Subdivision Agreement between the Owner and the
Municipality of Kincardine include the requirement for the following
Notice/Warning Clauses hobe included in all offers of purchase and
sale for residential lots onthe Plan:
"Stonnwoter Management Facilities
Purchasers are advised that facilities for the management ofytonnwa$ar
runoff om the lot are subject toan approved GtonnweterManagement
Plan. No Owner of any lot shall alter, interfere with wr remove any ofthe
Stonmwoter Management Facilities located within the lot except in
accordance with the approved Stormwater Management Plan,
50
Changes or alterations to the approved Stormwater Management Plan
shall require the prior approval of the Municipality of Kincardine and
Saugeen Valley Conservation Authority."
"Lot Grading
Purchasers are advised that the grading of the lot is subject to an
approved Lot Grading Plan. No Owner of any lot shall alter the grade or
place or remove any fill material within any yard except in accordance with
the approved Lot Grading Plan. Changes or alterations to the approved
Lot Grading Plan shall require the prior approval of the Municipality of
Kincardine and Saugeen Valley Conservation Authority."
"Bluewater District School Board
1. "That the owner(s)agree in the Subdivision Agreement to include in
all Offers of Purchase and Sale a statement advising prospective
purchasers that accommodation within a public school in the
community is not guaranteed and students may be accommodated in
temporary facilities; including but not limited to accommodation in a
portable classroom,a"holding school",or in an alternate school within
or outside of the community."
2. "That the owner(s)shall agree in the Subdivision Agreement to
include in all Offers of Purchase and Sale a statement advising
prospective purchasers that student busing is at discretion of the
Student Transportation Service Consortium of Grey-Bruce."
3. "That the owners(s) agree in the Subdivision Agreement to include in
all Offers of Purchase and Sale a statement advising prospective
purchasers that if school buses are required within the Subdivision in
accordance with Board Transportation policies, as may be amended
from time to time, school bus pick up points will generally be located on
the through street at a location as determined by the Student
Transportation Service Consortium of Grey Bruce."
Other
29.All disturbed lots or blocks to be left vacant for longer than thirty
(30)days shall be graded, seeded and maintained to the
satisfaction of the Municipality of Kincardine.
Digital Plan Submission
30.That prior to Final Approval the Owner shall submit to the Municipality of
Kincardine and County of Bruce a digital file of the Plan to be registered
in a format approved by the Municipality of Kincardine and County of
Bruce.
51
Saugeen Valley Conservation Authority
31.That prior to any grading or construction on the site, and prior to Final
Approval,the owner shall submit to the Saugeen Valley Conservation
Authority for their review and approval,the following plans,and
reports, prepared by a qualified consultant to the satisfaction of the
SVCA:
a. A"Final Servicing and Stormwater Management Report"and"Lot
Grading Plan"in accordance with the prevailing Ministry of
Environment planning and design guidelines and other related
technical criteria as determined by the SVCA.The Final
Report/Plans shall detail the method that will be used to control
surface water flow and groundwater dewatering plans within the
development lands and abutting properties during and following
construction.The final plan shall include recommendations of the
"Technical Memorandum—Flood Analysis"(RJ Burnside,
September 29,2021)and the"Environmental Impact Study"(EIS)
(NRSI, 2018), "EIS Addendum" (NRSI, September 28,2021), and
as summarized in the"EIS Summary of Recommendations"(NRSI,
November 4, 2021).
b. An 'Erosion and Sedimentation Control Plan'indicating the means
whereby erosion will be minimized,and sediment contained on-site
and from abutting properties throughout all phases of grading and
construction and shall include a maintenance plan and provision for
timely revegetation of the site.The plan shall also detail the methods
that will reduce any negative impacts to water quality and shall
include recommendations of the"Environmental Impact Study"(EIS)
(NRSI,2018),"EIS Addendum(NRSI, September 28,2021)", and as
summarized in the"EIS Summary of Recommendations" (NRS],
November 4, 2021).
c. A"Tree Protection Plan"designed by a certified arborist to the
satisfaction of the SVCA that includes the location of tree
protection fencing in accordance with the recommendations of
the"EIS Addendum"(NRSI, September 28, 2021, and the"EIS
Summary of Recommendations"(NRSI, November 4, 2021).
d. A"Landscape/Restoration Planting Plan"designed by a qualified
ecologist that shall include the recommendations of the
"Environmental Impact Study"(EIS) (NRSI, 2018), EIS Addendum
(NRSI, September 28, 2021), and as summarized in the"EIS
Summary of Recommendations"(NRSI, November 4, 2021).
52
o. A letter from m qualified ecologist indicating Block 34 and the
location for the SVVM pond and by-pass channel has been
inspected for the presence of any federally, provincially, or
regionally significant vegetation species in accordance with the EIS
Addendum(NRG|'September 28. 2D21). and oo summarized inthe
"EIS Summary of Recommendations" (NRSi November 4. 2O21);
and that itio confirmed none of these species are present;orthat,
the impacts to these species can bemitigated. Should endangered
or threatened species be identified,the applicant will need
clearance from the Ministry mf Environment, Conservation, and
Parks(NECP)directly.
32.Thut prior to Final Approval,the Saugeen Valley Conservation
Authority review the wording in the Draft Subdivision Agreement
between the Owner and the Municipality of Kincardine to ensure the
Agreement addresses all the requirements of the Sau0eanValley
Conservation Authority; and that,the Subdivision Agreement contain
provision with wording acceptable ho the 8VCA. indudimQ;
o)The Owner agrees ho carry out, or cause hoba carried out,the
works recommended in the approved plans and final reports mm
noted in31 a). b),c>. d>. and e�.
Clearance Conditions
33.Tha1 prior to Final Approval being given by the County ufBruce,
the County shall receive a clearance letter from the following
agencies indicating how conditions applicable hz their authority
have been completed to their satisfaction:
u. Municipality of Kincardine (conditions 3to21;260o30 inclusive)
b. Electricity Service Provider(conditions 22);
c. Gas Utility Provider(condition 24);
d. Telecommunications and Cable Service Provider(condition 23);
e. Canada Post(condition 25);
f. Saugeen Valley Conservation Authority(conditions 31to32).
If agency conditions are incorporated into the subdivision agreement, a copy of
the draft agreement should be sent to them. This will expedite clearance of the
Final Plan.
53
SCHEDULE'W" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
SPECIAL PROVISIONS
The following special provisions apply to this Agreement:
1. Parkland Dedication—The developer agrees to provide the Municipality the sum
of$35,000 as cash in lieu.
2. Canopy Offset—The developer agrees to provide the Municipality the sum of
$27,528 for conservation efforts to offset canopy removal.
3. The Owner agrees to provide Saugeen Ojibway Nation (SON)all hydrogeological
and geotechnical reports for the subject development.
4. The Owner agrees to satisfy the requirements of Canada Post with respect to the
provision of mail delivery and the Owner agrees to place community mail boxes
that may be required to the satisfaction of Canada Post and the Municipality of
Kincardine.
5. The Owner agrees to enter into and agreement with Bell Canada or other service
provider for the provision of telecommunications services.
6. The Owner agrees to amend the design of the infiltration swales to the
satisfaction of the Municipality.
7, The Owner agrees to maintain water supply sufficient for firefighting at all times.
8. The Owner agrees to maintain access routes for the Fire Department vehicles for
new buildings, construction trailers and material storage areas at all times during
construction.
9. The Owner agrees to satisfy the requirements of Canada Post with respect to the
provision of mail delivery and the Owner agrees to place and community mail
boxes that may be required to the satisfaction of Canada Post and the
Municipality of Kincardine.
10. The Owner agrees to carry out,or cause to be carried out,the works
recommended in the approved plans and final reports as noted in 31 a), b), and
d)of the Conditions of Draft Approval.
11. Stormwater Management Facilities
The stormwater management(SWM)facilities and associated storm sewers are
part of the Stage 1 services as defined in Section 4.1 of this agreement. Sections
4.2 and 4.3 are amended for the SWM facilities and they will not receive Final
Acceptance until:
• All silt and sediment has been removed from the facility.
• Confirmation by the developer's engineer has been received confirming that
the design storage volume has been achieved.
Monitoring,signage and all other requirements of the Consolidated Linear
Infrastructure Certificate of Authorization (CLIE ECA)provided by the Ministry
of Environment, Conservation and Parks (MECP) has been completed
satisfactorily and filed with the Municipality.