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Home My WebLink About23 170 2068140 Ontario Ltd. and Meat Consultants International Inc. (Brown) Subdivision Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT � � . �UN�C/�LIiY0FK1N��\�E U BY-LAW No. 2023 - 170 Being a By-law to Authorize a Subdivision Agreement with 2068140 Ontario Ltd. and Meat Consultants International Inc. (Brown) Subdivision Agreement By-law. (Block Q and Part of Block A, Registered Plan 3M-98 and Part of Park Lot 8, West of Huron Road, Geographic Town of Kincardine, Municipality of Kincardine, County of Bruce.) 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 2068140 Ontario Ltd. and Meat Consultants International Inc. for the property being composed of Property Identifier Numbers (PIN): 33315-0168, 33315-0194, 33315-0203 - Block Q and Part of Block A, Registered Plan 3M-98 and Part of Park Lot 8, West of Huron Road, 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 with 2068140 Ontario Ltd. and Meat Consultants International Inc., subject to compliance with all Municipal requirements, to ensure appropriate development of those lands described by Property Identifier Numbers (PIN): 33315-0168, 33315-0194, 33315-0203 Block Q and Part of Block A, Registered Plan 3M-98 and Part of Park Lot 8, West of Huron Road, Geographic Town of Kincardine, Municipality of Kincardine, and being more particularly described in the Subdivision Agreement attached to this By-law as Schedule "A". 2. That the Mayor and Clerk be authorized and directed to sign and execute, on behalf of The Corporation of the Municipality of Kincardine, the Subdivision Agreement with 2068140 Ontario Ltd. and Meat Consultants International 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 "2068140 Ontario Ltd. and Meat Consultants International Inc. (Brown) Subdivision Agreement By-law". Read a First and Second Time this 11th day of October, 2023. Read a Third Time and Finally Passed this 11'h day of October, 2023. , � � Mayor Clerk File No 07286 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE SUBDIVISION AGREEMENT between 2068140 Ontario Ltd. and Meat Consultants International Inc. - and - THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Dated ��?b� ��, 2023 The Corporation of the Municipality of Kincardine 1475 Concession 5, RR5 Kincardine, ON N2Z 2X6 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE SECTION1 INTERPRETATION............................................................................................................................2 1.1 Definitions.......................................................................................................................................................2 1.2 List of Schedules..............................................................................................................................................3 SECTION2 ORDER OF PROCEDURE...................................................................................................................3 SECTION3 INSTALLATION OF SERVICES............................................................................................................5 3.1 General............................................................................................................................................................5 3.2 Municipality's Lega/and Engineering Costs....................................................................................................5 3.3 Developer's Engineer.......................................................................................................................................5 3.4 Works to be Ins[alled.......................................................................................................................................6 3.5 Approval of Plans.............................................................................................................................................6 3.6 Notification of Commencemen[......................................................................................................................6 3.7 Progress of Works............................................................................................................................................6 3.8 Scheduling of Works........................................................................................................................................7 3.9 Contracfor.......................................................................................................................................................7 3.10 Utilicy Costs and Charges............................................................................................................................7 3.11 Access Roads...............................................................................................................................................7 3.12 Movement of Fi11.........................................................................................................................................7 3.13 Damage to Existing Plant...........................................................................................................................8 3.14 Signs............................................................................................................................................................8 3.15 Testing........................................................................................................................................................8 3.16 Erosion and Silting Control..........................................................................................................................8 3.17 Emergency Access.......................................................................................................................................8 3.18 Construction Refuse and Weeds.................................................................................................................8 3.19 Dust Con[ro1................................................................................................................................................9 3.20 Street Names..............................................................................................................................................9 3.21 Municipal5treec Numbers..........................................................................................................................9 3.22 B/asting.......................................................................................................................................................9 3.23 Driveways...................................................................................................................................................9 3.24 Contaminants...........................................................................................................................................10 SECTION4 ACCEPTANCE OF WORKS...............................................................................................................10 4.1 Stages of Construction and Services..............................................................................................................10 4.2 Inspection and Acceptance of the Works......................................................................................................10 4.3 Final Acceptance of the Works......................................................................................................................10 4.4 Acceptance During Winter Months...............................................................................................................11 4.5 Use o Works b Munici alit 11 f Y P Y........................................................................................................................ 4.6 Replacement of Survey Bars..........................................................................................................................11 4.7 Ownership of Services....................................................................................................................................11 SECTION5 MAINTENANCE OF WORKS............................................................................................................12 5.1 Maintenance of Works..................................................................................................................................12 5.2 Road Maintenance........................................................................................................................................12 5.3 Emergency Repairs........................................................................................................................................12 SECTION 6 DRAINAGE AND LANDSCAPE DESIGN............................................................................................13 6.1 Drainage........................................................................................................................................................13 3 6.2 Preservation of Trees.....................................................................................................................................13 6.3 Lots Unsuitable for Building..........................................................................................................................13 6.4 Lot Grading....................................................................................................................................................13 6.5 Main[enance of Lot Grading.........................................................................................................................15 SECTION7 LANDS TO BE CONVEYED...............................................................................................................16 7.1 Lands for Municipal Purposes........................................................................................................................16 7.2 Easements.....................................................................................................................................................16 7.3 Turning Circles...............................................................................................................................................16 SECTION8 ADMINISTRATION.........................................................................................................................16 8.1 Voiding Agreement........................................................................................................................................16 8.2 Developer's Expense......................................................................................................................................16 8.3 Phasing..........................................................................................................................................................16 8.4 Developer's Liabilities....................................................................................................................................17 8.5 Insurance.......................................................................................................................................................17 8.6 Lega/Notice to Developer and Municipality..................................................................................................17 8.7 Registration...................................................................................................................................................18 8.8 Mortgages/Encumbrances............................................................................................................................18 8.9 Requirements for Building Permits................................................................................................................18 8.10 Re uirements or Occu anc 19 Q f P Y.................................................................................................................... 8.11 Special euilding Permits/Model Homes..................................................................................................20 8.12 Right to Enter into an Agreement.............................................................................................................20 8.13 Successors and Assigns.............................................................................................................................20 8.14 Notification to Purchaser..........................................................................................................................20 8.15 Scheduling, Progress and Completion.......................................................................................................21 8.16 No Municipal Liability...............................................................................................................................21 8.17 Assignment...............................................................................................................................................21 8.18 Conflict......................................................................................................................................................21 8.19 Severability...............................................................................................................................................21 8.20 Amendment..............................................................................................................................................21 8.21 FurtherAssurances...................................................................................................................................22 8.22 Joint and Several.......................................................................................................................................22 8.23 Headings...................................................................................................................................................22 8.24 Enurement................................................................................................................................................22 SECTION9 FINANCIAL PROVISIONS................................................................................................................22 9.1 Development Charges, Drainage and Local Improvement Charges..............................................................22 9.2 Securities.......................................................................................................................................................22 9.3 Reduction of Securities..................................................................................................................................24 9.4 Statutory Declaration of Accounts Paid........................................................................................................24 9.5 The Construction Act, R.5.0. 1990 c. C.30.....................................................................................................24 9.6 Partial Release...............................................................................................................................................25 SECTION 10 SPECIAL PROVISIONS-see Schedule"M".....................................................................................25 SECTION11 FINALIZATION OFAGREEMENT.....................................................................................................25 SECTION12 SIGNATURES.................................................................................................................................26 4 SCHEDULE„A,.OF AGREEMENT...........................................................................................................................27 SCHEDULE..8..OF AGREEMENT............................................................................................................................28 SCHEDULE„�.,OF AGREEMENT............................................................................................................................29 SCHEDULE„p„OF AGREEMENT...........................................................................................................................30 SCHEDULE«E„OF AGREEMENT............................................................................................................................31 $CHEDULE„F..OF THE AGREEMENT.....................................................................................................................32 SCHEDULE•,G»OF THE AGREEMENT....................................................................................................................33 SCHEDULE"H»OF AGREEMENT...........................................................................................................................34 SCHEDULE„I»OF AGREEMENT.............................................................................................................................35 SCHEDULE«�„OF AGREEMENT............................................................................................................................36 SCHEDULE„K.,OF AGREEMENT............................................................................................................................37 SCHEDULE��OF AGREEMENT............................................................................................................................38 SCHEDULE��M�� OF AGREEMENT..........................................................................................................................49 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE SUBDIVISION AGREEMENT � THIS AGREEMENT made in triplicate on the _l� day of � C��A�2.r' , 2023 A.D. BETWEEN: 2068140 Ontario Ltd. and Meat Consultants International 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 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: 2 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. "County" means the Corporation of the County of Bruce and its successors and assigns. "Damage/Lot Grading Deposit" means the amount of$2,500.00 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, 2068140 Ontario Ltd. and Meat Consultants International 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". 3 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 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. (fl Deposit with the Municipality's Solicitor, copies of this Agreement executed by the Developer, to be executed by the Municipality and 4 retained by the Municipality's Solicitor for registration as hereinafter provided. (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. (fl 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 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. 5 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 ($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. (fl 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. 6 (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 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 7 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 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 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 8 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 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 fails to remove and dispose of construction refuse, debris or weeds to the satisfaction of the 9 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. 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 10 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. 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 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 11 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. 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. 12 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. 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 13 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. 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 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. 14 (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 bv 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 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 fnished 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 15 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 ($2,500.00) 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. (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. (fl 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. 16 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 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. 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 17 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. (fl 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 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 5t" day after the date the Notice was deposited in the Post Office. 18 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 against title to the Land (or part thereofl 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. 19 (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. (fl 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. (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 $2,500.00 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. (j) 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 $2,500.00 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. (I) 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. (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. 20 (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). (fl 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. 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 21 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 twenty-four (24) 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. 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 22 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 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 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 23 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." (fl 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. 24 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 finrenty 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 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. 25 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. Nofinrithstanding 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. 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. 26 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. (2068140 Ontario Ltd. and Meat Consultants (International In . � � ( Title: P/L3� �D�� ( I/We have authority to bind the Corporation � ( THE CORPORATION OF THE MUNICIPALITY ( OF KINCARDINE � ` � ( Mayor � � ( Clerk ( We ha e authority to bind the Corporation Developer's Address: 25 Neville Park Blvd., Toronto, ON, M4E 3P5 Developer's Telephone: 416-698-1578 Developer's Email: meatconsultants(a�roqers.com 27 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 Block Q and Part of Block A, Registered Plan 3M-98 and Part of Park Lot 8, West of Huron Road, Geographic Town of Kincardine, Municipality of Kincardine, County of Bruce. Property Identifier Numbers (PIN): 33315-0168 33315-0194 33315-0203 � DZ r � o ,i� `1�� ' D m m T� ��,��,�g�«�To z m , -� � t ' � r.`� y DRAFT APPROVED PIAN OF SUBOIV1310N 'y, i ��k I F � � � .. .' {7T-2011-07Z2 O � a `�?d7IF��r4��"� _. I_ i�" ~ �•T w��fi••••�T'��Y•Y-� � —"— •o � w�r,�r.,raw. BLOCKQANDPARTOFBLOCKA 'A � �• y �. --t �� ',` ..'1 '�' ' � —"..— �N ... RE619TERE�PUN 3A�88 � �.� ' 3 .E: � � :"'_ ' � V, � . 1 .. � -i . , ��^� ` � .� � , AND IT1 Q • n � ...m.,m,.. r x w . �yyx`' --f��__��;H.�._ '_ I I �-�-� .� ...... ... PARTOFPARKLOTB "� N � � : .� . r�: � � � ,�,�, N£ST OF HURON ROA� � >. . . .i �. , raoHiw��mrawmvmow ,��:.,�„��,�„�a � , .' EDBUBDIV1910N ' � �- .�••• �,• 6E0(3RAPHICTOWNOFIQNCARDttJE / �, ��:::m�;�..�.p F v -t. ANDEXiENTOF � .... .y... O RAP r � .�'`. � p�py�µpy !-� - MUNICIPAl11Y OF KINCARDINE ` O r�.,;' �... �µ v...�woa.a�vu.�..�..�w....,..i.a+�.r.ao,.a .wi�u. .�..�,�,. � 0 w �� """`"'"""""'"`'°'�""�""�" couNTr oF eRuce _ Q � � a,;�� r-�:, .,�.�... j '�, -1 .,, �wenEwsiowwFomunaa� �.... ...u.i I. �� 1 � liLiVANTLlFfIPO1MATqN �'�^f :.- :�. a �.. w ,`yae,.,�,"r�iiz�s.�.r�.rs�.� ----n�v�n�mu+��ocnna, Z Q �/� ...v.,.�. " _-�., ,f l� � .., -� : .... ....:.. e,.� � . 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I � �:�� .. .i �Jw�Oue rlc4 R ` '�•��m. ._.JiK . \� �` � � � eu�oeToww�.e � . ._ .. ^c-Y CN A tY� I I � 1 "�: ... .7�9t1m/ .i�rT��ML� .�� il1� I �URVEVCQ7CEA71{II'wTC Q A •\ , • _ - i ',-�., .� I \ � ' " ��'�� --:.. --� ; . - - - �.,K�� I �,,.a. 4) � _.._ �:��.,,�;./` . � �� 3 q .�_- _�'_'T r j'"_� j � 'f�"�, °° ;�,,�r°"--�� .� i�� o� � �, m �I j � , 6 � . � �� .l 9�; ,o " ' �� :�s�..,� o m g I_ � I � j � j 1 1 � �� `� ,� �� T S. -�" �, i stir,�zr z��, � � i � -- _� , , , , ;, p,� R��1� •l.J�k`.IJi^i, JibL1JL'r.L.1fhJ.�•-��: ./ " �].p /`/ � ' alocx ao � ��,I avN�RtnRisun � 7 s I_"._ � L S .., .. ��"w;� _ � BIREET A �/v � 9 ' . � W.wn6+.e1 I nnw^'.�.wwMww m�v � � � . lJ '_31T- ir.- S Au �8:I 1`V ' �, , �I •�� Z ''h�Y�IV�7� � ; .�..� ��`;� -T T� 'f f,�l- T 1gT'�,�; :��' i"15��' ° � ,,, ; �'��.. o � ,�..._ ��.'s�."� � s� a° �sa �v .�s° ��a� a ��`,,� ��S a :��'4 k . � � i.nnr '�I i m..�rc � I� w � �� -� ]_...i ...L �"�"_d p�,s m�0C �' ��e,$ � . . . �'i � Ly_' .'...�i"r�'_� !i+ sa u ur.� .�,,.�/ '.4�»�t �J %' �, - ... y� T ��e�"we w. �p � . ;/ � . . I •`'r I �';d ( , � c,±ni� o.w on' . � � ' , ' ` �� IEY I = ; . ��---�=---� � a � • � `s � , � � ,� � ,. t. �, I , � , , r 36s'"J �� BIOG(�1 �� ' � � j � ' - .�� I$ u � ;� 'yiy.�,� �y �,. ,.. --- .- --..-� t � .aM.�.a. � � � � __�__J_ �� 'A m Y . r- 1 Y_M _ �� • �-"_" -"� �o - }-��y n ;�� .,.,�v�:u: fi r. -I I r"..a�._ � '� sa.� � , mvEn ,w� w.a:a.a . � COBIDE �. �j i i � � � � I" � � � � mocK�B IMMTNEM51 4 0F' I I I.. . , ... �" i�"_� M � � j�[,'� � •� f��lY[[�IN�IMC �f . ��„��s 'i� � ��.,� `l� A,�� ,� � .� �, ,_......s.�,. ... N � . , ��:.�.t� ��'.��------ ,ue�_�._ +r r� _��"L___1,,,_ —:�L.-- ' '°'""'"`.».m".'".;� . .�'- '�'$�: - ---"—'- I ; - �._ —'�ic�r---- Sam--r-— — .�„ . -„ . .-L "�"__�c:eiym�i?� i �__ u� r-—� .3� a�nsra��_— � � '2068UOONTMIO P1C. ��C+EIiUE --"- -' . �` � � � i � aurma,..�� a000iar-� oorvwa�rt&�aoan¢enonraiw wc. 29 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. 30 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 � 3. Sanitary sewers and building connections to the lot line Q 4. Water distribution system, fire protection and building connections to the lot line � 5. Grading and requirements of a site grading plan Q 6. Underground electrical distribution system and an electrical service � 7. Street lighting Q 8. Utility obligations —telecommunications, electrical distribution � 9. Sidewalks `� 10. Topsoil and sod on boulevard from property line to curb � 11. Pedestrian walkways � 12. Vegetation retention/Tree planting plan � 13. Lot house number signs `� 14. Street name signs � 15. Traffic signs, as required � Note: Works Required Denoted by Q 31 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 - Part 1 AMOUNT General construction items and removals $525,000.00 Sanitary Sewers $540,000.00 Watermain and appurtenances $372,000.00 Storm sewers $1,016,000.00 Road works $865,000.00 Street lighting $72,000.00 Allowance for engineering $238,000.00 Subtotal Part 1 $3,628,000.00 ITEM - Part 2 Bruce Ave Watermain AMOUNT General construction items and removals $10,000.00 Watermain and appurtenances $205,000.00 Granular restoration $9,000.00 Allowance for engineering $16,000.00 Subtotal Part 2 $240,000.00 HST(13%-rounded) $503,000.00 Total Security $4,371,000.00 32 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 33 SCHEDULE "G" OF THE AGREEMENT Note: It is understood and agreed that this Schedule forms part of the Municipality's Ag reement. 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. 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. 34 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 51 — Parkland Block 52 — Utility corridor Block 53 — Open Space and SWM Blocks 54, 55, 56 — Road Widening Blocks 57, 58, 59, 60, 61 — 0.3 m. reserves LIST OF EASEMENTS TO BE GRANTED TO THE MUNICIPALITY 3.0 m easement between Lots 40 and 41 for drainage purposes 3.0 m easement at the rear of lots 38 to 43 for drainage purposes It is understood that the blocks and lots referenced above for lands to be conveyed to the municipality and for easements to be granted to the municipality in accordance with Fifth Submission engineered drawing set for the subject development, prepared by Cobide Engineering Inc., that is stamped and signed by Stephen Cobean on July 11, 2023, and any changes thereto as authorized by the Municipality. 35 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. 36 SCHEDULE "J" OF AGREEMENT Note: It is understood and agreed that this Schedule forms part of the Municipality's Ag reement. 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 , 201 Signature of Developer's Engineer Name of Developer's Engineer 37 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 38 SCHEDULE "L" OF AGREEMENT Note: It is understood and agreed that this Schedule forms part of the Municipality's Agreement. CONDITIONS OF DRAFT APPROVAL Corporation of the County of Bruce brucecounty.on.ca Planning and Development .<<�, .��,,, B R U C E Ron Davidson Land Use Planning Consuftant Inc. 265 Beattie Street county Owen Sound,ON N4K 6X2 �a E-mail:(ronalddavidson�rogers.com) ?b October�(2022�' File Number: 41T-2011-07.22 Re: Notice of Modification to Conditions of Draft Approval PLAN KINCARDINE PT PARK L0T;8 HURON RD PLAN 3M98 PT BLK;A RP 3R9203 PARTS 7 AND 3 RP;3R8698 PART 3,Municipality of Kincardine(Kincardine Town),Roll Number 410822000100701 PL 3M 98 BLK Q SEC 3M-98 PCL;Q-1.Municipality of Kincardine (Kincardine Town),Roll Number 410822000100710 Please accept this letter confirming approval of the requested revision to the above-noted subdivision. Pursuant to Section 51(44)of the Planning Act,R.S.O. 1990,the draft approval dated Odober 22,2013 is hereby amended in accordance with the tequest by 2068140 Ontario Ltd.and Meat ConsuRants Intemational Inc.c%David Brovm and with concurrence of the County of Bruce as follows: Conditions 1 and 15 are deleted in their entiiety and r�eplaced with the following: Conditan i That this approval appl'ies to Plan o/Subdivision F�1e No.41T-2011-0722 for 2068140 Ontario Ltd.and Meat ConsuRants Intemational Inc.(David Bruwn)in the Municipality of Kincardine prepareil by Cobfde Engineeririg Inc.,(DWG:00901-DP-1,isvised August 24,2022)showing the fol/owing: Detached Residential Lots-Low Density Residential(Faty-six (46)Lots] Block 47&Blodc 48—Medium Density Residential(Minimum Density,.25 Units perHectareJ Block 49&B/ock 50—High Density Residential(Minimum Density, 30 Units per Hec�are] Block 51—Parkland Bbck 52—Utility Coiridor Block 53—Open Spece, Tiaif and Stormwater Management Facdity Block 54,55.&56—Road Widening Block 57,58,59,60&61—0.3 mebe Road Reserves 39 Corporation of the County of Bruce �e��Y•�•�a Ptanning and Development ;5{'r: 1 7 N' BR U C E rn�the d R approval for Plan of Subdivision F�1e No. 41 T-2011-07.22 county for2068140 Ontario Ud.and Meat Consultants Intemational fnc.in the Municipality of Kincardine shall lapse on October 22,2024,unless it has been extended by the County oi Bnice with the concumence of the Municipality of Kinca�+dine. The Approval Authority considers this change to be a minor modfication.This notice is not to be deemed as notice under Section 51(45)of the Planning Act and the appeal provisions of Section 51(49)do not apply. The applicaM or other prescribed persons or bodies may,at any time before the approval of the final plan of subdivision,appeal any of the conditions imposed by the approvai authority to the Tribunal by filing a notice of appeal with the approval authority that sets out the reasons for the appeal and is accompanied by the prescribed fee. If you have any questions or require clarification,please contact me at your convenience. Yours Uuly, Secretary-Treasurer Land Division Committee,County of Bruce cc: Municipaliry of Kincardine Saugeen Valiey Conservation Autfiority . . David Brown � Cobide Engineering Inc. 40 CONDITIONS OF DRAhT PLAN OF SUBDlVISiON APPROVAL Owner: 2068140 Ontario Ltd.and Meat Consultants Intemador�al Inc. Ffle No: 41T-20�1-07.72 Municipallty: Municipalily ot Klnca�d�ne Subject l.ands: Block'Q'and Parl of Block'A',Registered Plan 3M-98,and Part of Park Lot 8,West Huron Road,geogrephic Town of K(ncardine Date of Draft Approval: Octodar 22,2013. The Councll of the Corporalion of the County of Bruce hereby isaues Draft Approval to Subdfvfsion Flle No.41T-2011-07.22,which pertalns to Block'�'and Part of Block'A', Reglstsred Plan SM-88,and Part of Perk Lot 8,West Huron Road.The following condttions have been established by the County of Bruce and must be met prlor ro the granting of linal epproval: No. CondlNon Identificatlon 1. That this epproval applies to Plan of Subdivision Rle No.41T-2011•07.22 for 2068140 Ontario Ltd. and Meat Consultants Intemational inc.{David Brown) in the Municip�lity of IQncardine prepared by Ron F,Dore,O.L.S.(DWQ:DPt,Revision 4,dated February 25,2013)showing the foltowfng: Detached ResidenUat Lots - Low Density Residential[Forty-two(42)Lots� Blodc 43&Block 44 • Medium Density Aesidentiai [Minimum Density, 25 Units per Hectare] Block 45 8�Block 46 - High Density Residential [Minfmum Density, 3d Units per Hectare] 81ock 47 - Parkland Block 48 - Utilily Corridor Block 49 - Open Space,Trail and Stormwater Management Faciffty Blocks 60,51 &52 - Road Wlden)ng Blocks 53,54,65,56&57 - 0.3 melre Road Reserves P�blic Roads and Walkways 2. That Street'A'and Street'B'shall be named to ths sa4sfacHon of the Municipality of Kincardine. 3. That the lands IdentNied as Blocks 50 to 52 shall be oonveyed to the Municipality of Klncardtne for Road Widening purpases. 4. That any dead ends and/or open sldes of road albwances created by thls Plan of Subdlvision, identlfied as Blocks 53 to 57,shall be terminated in 0.3 metre reserves to be conveyed to and held, In trust, by the Mun(cipality of Kincardine untll required for future road allowances or the development ot adJacent 1and. Noise Studv 5. That prior to Final Approval, the Owner shail have a quali�ed aooustical consultant prepare a No1se Study conceming the impact of traffic nase from Provincial Highway 21 upon Btock 45 and Block 46 of the Draft Plan of Subdivisfon(Revision 4,dated February 25,2013).The Noise Study is to Include recommendatlons for notse ebat�nent in accordance with MOE slendards end is to be reviawed by the MuoicipaRtys Engineer and the County of Bruce PlannEng Department The 41 Owner: 2U68140 Ontado Ltd.and Meat Consultants Intemational Inc. File No: 41T-2411-07.22 Municipality: Municipality of IUncardine Subject Lands: Block'Q'and Part of Btock`A',Registered Plan 3M-98,and Pert of Park Lot 8,West Huron Road Subdivislon Agreement shall inctude the implementation of any,and all measures recommended in an approved nofse study for the purpose of attenustlon of traffio nolse,prior to the issuance oi bullding pertnits on Block 45 and Blook 46. In addftion,the Subdivision Agreement shall include the requirement for noise waming clauses in offers of purchase and deeds or rental agreements, if deemed necessary by the Municipality of Kincardine. ParklandlOoen S� 6. That the Owner shall convey Block 47 to the Municipality of Kincerdine to tulfill the requirement of conveyance of land for park purposes as it relates to the detached residentlal lots tdenUfled es Lots 1 to 42 of lhe Draft Plsn of Subdivtsion(Revision 4,dated Fabruary 25,2013),pursuent to the provisions of Secdon 51.1(1)of the Planning Act R.S.O.1990 c.P.13. 7. Tha[,p�ior to development or redavebpment of individual multi-residenGet blocks identified as 8locks#43 to 46 of the Draft Plan of Subdivis(on(Revision 4,dated Februsry 25,2013),the Owner shall make payment ot money In an amount not to exceed the value of land othen�vise required to be conveyed for pa�lc purposes,in aCcardance with Secdon 42 of ihe Plenning Act R.S,O.1980 c.P.13. 9. That the Owner shall convey 81ock 48 for a Utllity/Stortnwater Management Corddor;and,Blodc 49 of the Dreft Plen of Subdivlslon(Revision 4,dated February 25,2013),for Stortnwater Managemeni,Open Space and Tratl purposes. Subdvision Aareement 9. That lhe Owner enter into an agreement w[th the MuNcipallty of Kkncardfne ta setisfy all the � requlrements,financlal and otherwise,of the Municipality of Kincardine conceming the provlsion of roads,parks,installation of services,faci118es and drafnage. 10. That p�ior to Final Approval,Saugeen Valley Conservatbn Authority provide wdtten coniirtnatlon that the Subdivis[on Agreernent behveen the Owner and the Municipality of Kincardfne addresses all the requireme�ts o1 Saugeen Valley ConservaUon Authority. 11. That prlor to Flnal Approval, Canada Post provide written confirmaBon that the Subdivision Agreement between the Owner and Ihe Municipality of Kincardine addresses ali fhe requirements of Cenada Post 12, That prior to signtng and registratlon,a copy of the Oratt Subdivision Agreement be forwarded to ihe County of Bruce Planning Departrnentfor rev(ew. 13. That the Municipa4ry of Kincardine underlake to register Ihe Subdivislon AgreemarK against the land to which it applfes,and a aopy of the Agreement be forwarded to the County of Bruce. Staafna and Lapsing 14. That the Owner ag�ees to stage any development of this plan of subdivision in a manner sadsfactory io the Municipaliry of Kincardlne and the County of Bruce. 15, That the draft approval for Plan of Subdivision Ftle No.41T-2011-07.22 for 208814U Ontario Ltd. and Meat Consultants Intemetionai Inc.in the Municfpality ot Kfncardine shall lapse on October 22, 2018 unless it has been excended by the Counry of Bruce with the concurrence of the Muniapalityof IGnca�ne. Easements 42 � Owner: 2068140 Onte�io Ltd.and Meat Consultanls Intemadonal Inc. Flle No: 41T-2011-07.22 Muniapality: Municipality oi Kincardine S�ject Lands: Blodc'Q'and Part of Block'A',Regislered Plan 3M-98,and Part of Park Lot 8,West Huron Road 16. That the Owner agrees to grant such easements ea may be required for utility or drainage purposes,includfng part of 81ock 43 of the Draft Plan of Subdivision(Revision 4,dated February 25,2013)to the Municipalfly of fQncardine or other appropriate authority. � i7. That She Owner agrees to make saBsfactory arcangements wlth the appropriate elechic provider for the provision of permanent or temporary electrical seMces to this Plan. 18. That the Owner agress to make satlsfactory sRangementa for the provislon of pertnanent or temporary telecommunfca8ons servfces,gas and cable servfces to this Plan, 19. 7hat the Owner provides an overall utility distribution plan to the sadsfactlan of the M�icipaliry of Iqncardfne. Canada Post 20. That Ihe Subdiviston Agreement between the Owner and the Municipalily of Kincardfne contain Ihe following provisions with wording acceptable to Canada Post: a) include on aU oifers of purchase and sale, a statement that advises the prospecdve purchaser: iy that the homePousiness mafl delivery will be nom a designaled Centraflzed Mail Box. ip that the devefoperslowners be responsible for offidally notifying the purchase�s of the exact Cent�alfzed Mall Box locetions prior to the dosing af any home sales. b) the owner further agrees to: f} work with Canada Post to determine and provide temporary suttable Centraltzed Mail Box locations which may be ublized by Canada Post until the curbs, boulevards and sidewalks are In place in Ihe remainder of the subdivision. ii) install a concrete pad in exordance with the requirements of,and fn bcations to be approved by, Caneda Post to facilitate the placement of Community Mait Boxes lif) Identify the pads above on the engineering servlcing drewinge.The pads are to be poured at the Ume of the sldewalk and/or curb installa8on wfthTn each phase of the plan of subdivision. iv) determine the IocaUon oi all centralized matl receiving faciiltles In co-0peraBon with Canada Post and to post the locatlon of the centralizad mafi facility sRes on appropriate maps, iniormadon boards and ptans. Maps are also to be prominenUy dispieyed in the se�es oHice(s) showing spedflc Cenhalized Mail Facility locatlons. c) Canada PosYs muld-unit policy, which requires that the owneddeveloper provlde the centralized mail facility at the(r own expense,wUl be in effect for buildings and complexes with a common lobby,common indoor or sheltered space. Officfal Plan and Zonfn�By-law 21. That the County ot Bruce be advised by the Mun(dpalfty of Kinca�dine that the Plan of Subdivision conforms to the Zon(ng By-few approved under the Plenning Act. 22. That the County of Bruce be advised by the Municipalfty of Kincardine that the Pian of Subdivis(on conforms to the Municipaltty of iqncardine Local Offiaal Plan approved under the Plenning Act. 43 Owner: 2068140 Ontario Ltd.and Meat Consuitants Intemational Inc. Flle No: 41T-2U11-07.22 Municipality: Munictpality ot Iqncardine Subject Lands: Block'Q'and Part of Block'A',Registered Plan 3M-98,and Part of Park Lot S,West Huron Roed Nodces 8�Waming Clauses 23. That the Subdivision Agreement betwsen ttie Owner and the Municipality of iGncardine include the�equirement for ihe(ollowing NoticelWarning clause lo be(ncluded In all oHers of purchase and sale on the Draft Approved Plan: Stormwater Management FacllfHes PurGh&sers ere advlsed that fec!lit/es!or the management of stormwater rurtotf on the!oi are subJect to en approved Stormwater Management Plan.No Owner o/any loi sha!!alfer,1nteNere wlth or remove any of the Stormwater Managament Faclllties located wlthln fhe lot except in accordance wlfh fhe approved Sformwater Menagement Plen. Changes or alteratlons to the approved Stormwater Menagemenf Plen shaN reQulre the prior approve!ol the Municipality of K{ncerdine and Saugeen Vallay ConservaHon Authodty." "Lot Qrading Purohasers are advlsed that fhe grading of fhe!ot!s subJect to en epproved Lot Orading Plan,No Dwrter oi any!at shai!alter the grade or place or remove any fl/l mafarial wlthin any ysrd except in accordance wlih the approved Lot Grsdlrrg Plan. Changes or aJterallons (o fhe approved Lot Grading Plan shal!require the prlor approval of the Munlcipafity of Kincardine and Saugeen Valley Conservation Aulhority." °Cenballzed MaI18ox Purchesers are adv7sed that the homeibualness ma►1 deUvery wlll be from a designated Cenfra!lzed Malf Box." 24. That the Subdivisloo Agreemerrt between the Owner and the Munidpallty of Kincardine Include the requirement for She following Not�e/Waming clause to be fncluded fn a0 oftere of purchase and sale on 8locks 43 to 46 of the Draft Approved Plan: "Paikland Dedlcation Purchasers are advised ihat the conveyance of land for park pu�poses or paymenf)natead of conveyance has not occurred tor the lands lder►tlfled aa 8locks 43 fo 4B!n the Draft Plan o/ Subd'rvision(Revision 4,deted February 25,2013). The dedlcaUon of land for park purposes wJ0 be requlred M an amount nof exceed/rtg 5 percent ol the land contalned wfthin Blocks 43 to 46;or altema8vely,payment tnstead of conveyance of land pdor to development of Blocks 43 ro 46, Individual!};!n acca►rlance with Sectlon 42 of the PJanningAct,R.S.O.1990 c.P.13." Min(sW of Transoortatlon 25. That prior to final approval, ihe owner shali submit to the Ministry of Transporlatlon tor i�eir revlew and appraval,a copy of a Traffic Impact Study(reporflanalysis/assessment)indloatlng the ariticipated haiflc volumes and their(mpact upon the intersection Highway 21 and Bruce Avenue. 26. That pdor to Nnai approval, the owner sbap enter into a Legai Agreement w8h the Mfntstry of Transportatlon whereby the owner egrees to assume financial responsibflity for the design and consteuction of all necessary highway(mprovemerrts. �uaeen VaNev Conservatlon Authoritv 27. That prior to Final Approval by the Counry,lhe Owner shetl submit for review and approval to the SVCA the foilowing: a. Stortnwater Management Report prepared by a qualified consultant. i. A detailed Report shall be prepared in accordance with the prevai6ng Ministry ot the Environment planning end design guidellnes and other related technicel 44 � Owner. 2068140 Ontario Ltd.and Meat Consuttants Intematlonal Inc. Rle No: 41T-2011•07.22 Municipallty: Municipality of Kincardine SubJect Lands: Blodc'Q'and Part af Block'A',Registered Plan 3M-98,and Part of Park LoE 8,West Huron Roed criteria as determined by the SVCA. The Report shall detell the methods that will be used to conhol surface water flow within the development lands and abuttlng propertles during and following construcdon. The report shall also detai� ths methods that will reduce any negaUve impacts to water quality. ii. In the event that the Report recommends the establishment of eny stormwater works, including detention or retention facilities, the subdivision egreement between the Owner and the Municipality of Kincardine shall contain e provision whereby the Munidpality of Kincardine wiil assume ownership, operation and mafntenance responsibility of same in perpetuity. b. Lot Grad(ng Plan prepered by a qualifled consultanG The detafled Plan shall be prepared in accordance with the prevaipng Minis6y of the Environment planning and design guidel(nes and other related technical cdteria as determined by the SVCA. c, Erosion and Sadiment Control Plan indica8on the means whereby erosion will be minimized and sediment maintained on-site and on abuttfng properties throughout alt phases of grading end construction. d. Tree PlanGng Plan fndiceting where plantlng shall occur in the viciniry of Tributary Branch 'B' (bisecting Biocks 45, 48 and the rear yards of Lots 11 to 15). The Plan shall oniy Include native Vee and shrub species, and be designed with the intent of improving riparian habitat. 28. That the 5ubdivision Ag�eement between the Owner and the Municipallty of Kincardine contein the following provisions with worcling acceptable to the SVCA: a. The owner agrees to carry out or cause to be carried oul the wo�ics recommended in the Stormwater Management Plan, Lot Grading Plan, Eros(on end Sediment Control Plan and Tree Planting Plan to the satlsfaction of the SVCA. b. The Munic(pality of Kincardine shail assume ownership, operation end mafntenance responsib[Ilty tor any stormwater fecilffies proposed. Diaital Plan Submission 29. That prior to Final Approvai the Owner shail submit to the County of Bruce a digital�le of the Plan to be registered in AutoCAD 14 ('dwg'or'dxf')format referenced to NADB3 UTM,and In 'pdf' format,to the sadsfaction of the County of Bruce Planning Deparbnent and the Munfclpalfty oi fQncardine. Archaeological Condidon 30. That prior to Final Approval the owner shall have camed out, by a Itcensed archaeologist an archaeological assessment and rescue excavation of any signifiaant archaeologlcal remafns found on the site to the satfsiacUon of the Ministry of Culture and that no Final Approvat shall be g(ven and no grading or other soil dislurbance shall take place on the subject property prior to the acceptance of the archaeological assessment by Ifie Ministry ot Culture. Clearance Condidons 31. That p�ior to the granting of Final Approval, the County of Bruce is to be advised by the MunEcipetity of Kincardine that Conditlon Nos.2-9,12•i4,16-19,21-24 and 28 have been carried out to thefr satfsfacUon.The clearance le8er irom the Municipality of Kincardine shall include a brief but complete ststement detailing how each condition has been saBsffed. 45 . . Owner: 20BB140 Ontario Ud.�td Meat Co�hqemaYorrel k�C. Fpe No: 41T-2011-0722 Muddpaity; Mir�dpa�ly d IQncartine Subject Lands: Blodc'O'ard Part d Block'A'.Fiegisiered Plen 91�A�9�,and Part af Paulc Lot 8.West tdaoo Roed az. That prior a he gra�i�g m i�rrel Approora�,nie county d B�ce is t�be ad�ised by 3augeen VaNey Conserva�on Au�or�►tl�et Co�ton Nos.10.27�d 28 he�v�e been Cenied out lo tl� setletactlon.The de�rance IsUet shal ifCNide a brfef but oomplale atel�nent detaNng how each aor�on I�es be�saliefled. 33. Thet prfa to Fi�l Appr�nval,the County of&uce Is b be advised by tl�e OMado MiNstry� TranspOrta�on tllat Con�ton Noa.2b and 28 heYe been Canied out b Uieir sa�stat�ion. 7'he dearAnce I�Eer aha�i�lude a b�iet but oompleb�detailn9 how each oonc9Uon hes been et�dsNed. 94. 7riat p►ior 1a Final Approvai.tl�e Co�riqr d Bmce is b be ad�sed by Cenadei Post Corporatlon that Co�lion No.11 and 20 tias been carried art b tl�e�safl�actlo�. The dearance let�r sha9 Ir�clude a brief biR complele s�temeM de� how eadt conditlon Fies been setls0ed. 46 GENERAI.NOTES TO DRAFT APPROVAL: Subdivision Flle No.4fT-2011-07.22 1. It is the Owners responsihility to fWfitl the CondiBons of Draft Approval and to ensure that the required clesrance letlers are forwarded 6y the appropdate agencies to the County of Bruca Planning and Economio Davelopment Department quoting the appropriate subdivision flle number. 2. Fnal Approval—An'ApplfcaUon tor Flnai Approval' together with all supporting documentadon, p�ans and the required flling fee must be submitted to the County of Bruce.If the plans comply with the terms o{approval,and we have received the required agency clearances,the County's sffimp ot epproval will be endorsed on the plan and It will be forwerded to the Registry Office for registrailon. The number of mylar(s)and white paper p�ints as required for regiaVatlon under t�e Registry Act must be submltted to the County of Bruce along wlth the'Applicadon for Flnal Approval'. We strongly recommend that a 'drafP of the Rnal Plen be submitted lo the County and the Registry Offlce for pre-oleerance pdor to the submission of any Applicetion. 3. Inauguration,or extension oi a water works or sewage works Is subJect to the approval of the Ministry of the Environmenf under Section 52 and Section 53 of the Ontario Water Resources Act,R.S.O.1990. 4. Clearances ara required from the following agencfes: Mun(ctpality oi Klncerdine 1475 Concesalon 5, R.R.#5, fGncardine,ON. N2Z 2X8 Saugeen Valley Conservetlon Authorlty 1078 Bruce Road#12, Box i 50, Formosa,ON NOa 1W0 Onterfo Miniatry of Culture Southwest Archaeological ONtce 900 Highbury Avenue London,ON N5Y 1A4 aenerio Miniatry of Tranaporfation Engineering Office,Planning and Design Section Southwest Region, 659 Exeter Road, London,ON. N6E 1L3 Cenade Poet Corporation Delivery Planning 955 Highbury Avenue, Landon,ON. N5Y 1A3 5. Note ihat you wlll not be advised in wr(Ung of the lapsing date of the Draft Plan Approval.It Is your responslbilfty to provide the approval body wifh the required fnformatlon and fees to extend thfs draft approval.Should the infortnation end fees not be recelved prfor to the lapsing date,the Draft Pian Approval will lapse.There is no authority to revise the approval efler the lapeing date.A new subdivision applicadon under Sectfon 51 af the Planning Act will be requlred. 47 Pl��e nota Ihat�upd�d review a�re plen a�a revisio��o u�e con�io�af Approval maq►be t�ecessery if an exler�siott is tio be�antad. 6. The Owner is edrised tlmt Draft App►oval is nct a oomrMtnent bY Bie I�io�ly af 14xaur�ne b watet or s�Y Servk��9�P�h►.To aecme tl�comm�meru tl�e Owner must�the M�k�at�y of 14�e�Y• 7. ThB Owner iB►enl�tded tltflt payrllerd!o tlle IAlu�ipety d ICi�lcerdne fol'P�P�P�P��t �p thg provis[pr�s pf SecUon 42(�o}pie plenling Ad R.S.0.1890 C.P.13 for BlOdts/43 b 46, � �eY ePp�Y• 8. The ONrt�er is�ernKxled dtat tl�e veweylar�ds,�a�erootuses.and Ibod platns a�e subjeCl to the Saugeen Valley Conservati�t Autladty's Devaloprt�ent.lnterference wRh WeUands and areraUor�to Shore4nes ana wa�rees RegulaUon(Or�ario Regu�gon�89Posy. w�en permission shall be obt�ned from Ute SVCA pAor�any"dev�ebpmenC'wihin the Re9ulaEed /tre8. Permiesion is�equMred h�on to eny dNer approval6 from the Cot�tty.Mudc�aNtY�a' oU�er agencyr tl�et mey be apPN�le• a. �ai � —wn� a�e �r nas neen com�ea ana n� p�an t��, eo sausty a,e r�rer�,te o�me�say au�,�►Sr�n�a ne�rdea�me co�.ry ot en�ce.n�ne�ans oa�ly,aUh d,e eBm�s of approve�.a,d we nave�red»�e►equhed agency dee�.n�e Cq�N�fs s�of�Provai wIM be endorsed on tlie plan and R w�be fawm�ded b�e ReBlstry Oflice tor regtetratlon. You are advised lo ca�ult ihe Lend Regfsdar for requkemeMs to� re�tra�or,p�iOr�o applytng to�e coumy a en�e tor fl�t�proval. The fopowtng is required fw registratlon ut�the Registry Ad: One ttj ori9fia�myla� Rve(5) white peper�(�o kidude 1 prkd tor OlS) 48 r —' � � HT� r +r � �� — ,lNr� T�,}",�.�i� I�; @ �• •• : / ooe�crr .^r �`'�JLi_I�£i t j1 4,` 9 E�.� i E � } 8 0'�f G��'y�'S ;Pj '��'_!_�'sT_.T 's E e ��L i i G�E F '�F E 6 3�6 .�f � F � �!a S� E .\ ',�i.. � pT,...�„�T,�.�a� �r._1'`� 4,F% . , a ' _ ��_� Y ��a�'�,F �''{ I '��tl��k� �� r� ,� � "f.y.�. �I.a.�.. . ��y�A� �` .L.n� .�....t�rlau.J.. g f�.. �'�'*�^ �'�,'S —''�.'• "r.""°� — '--1 4 I 1�� •--• -- .t..�y R, _ .. •�$��.r—_.. i i��at`Cs ��Y u`d .— " '" "� � I kl ..�iM� ._ .a �• »� -Y�� Y4� �,� j ::.�' `. _ yiF i�� . , •—•- — ��.� ! �� ° � ;° �. ---•�i-----�� ;A1 �� , . � � "�➢ � : �' � I �i� ° g �'a`� > �-•—� i�, % t' �' ° � -- � � �� R � _ _ _.. .-�- , ,.. . �. � - -- --�-"—`�._. . .— f i `1 y • F ! _.._..�.._. ' i �s r �-•—�-- ��Ep � � �� ; � +�. "w.,` : � i {�p,i � r �� I a � 1 ._ye_ !, '�� y— � 1! �� t �� u � � . � �.. � - ..�,.. '�.��,, � � , �, � ;i�:,sl �` > � ''., '�..\ �k' � ;� � a � �!�'i �r ''� a�. .Y ,� '�� j .�`.'>� _.� �`• � � r � Il 1 r�_�yLo.��„� � ' i. , � � � .�.._� , . `� � ,n� ,�� , �� \ �., i „ , i I � `� � ', , � � �`� I� � j � / � � �`� .• � i�� . � ,�� I� � ` �� ` \ �, k ' c( �i"I' r �'� �� ` , ,�� ii ti�t �; tJ Ic ; 'w` �� e�� _-Le. �� p`, � '�Ilj�� - t t _.1.__-... �. �. � _ � � ---= - - - - - -- ��It m y �f��;'�� E��fl� � ;r s� �ic�� -;�::: � �ji� ��!{�i�l�� 'd� �`��'�' { � ! F I e�� 'i Is i�� c Ile il�Nl 1 f!i�,��I`� ��e $�°:6"' � C7O � �fe (tt • "i � � �; � ( s �� .�� y ;� ►� �b 0 . �� j� ��o� il EI egx I� 1Ni��1 � � �� g�� t� � �S � =`cir, f � �If i i i f E i i f �� j'� � � ��t � � r r�r r r i i i r t� [�,��TI 49 SCHEDULE "M" OF AGREEMENT Note: It is understood and agreed that this Schedule forms part of the Municipality's Ag reement. SPECIAL PROVISIONS The following special provisions apply to this Agreement: 1. Parkland dedication for Lots 1-46 will be the dedication of Block 51 and cash in lieu in the amount of$3,200.00. The Owner acknowledges that the Municipality will require the payment of cash in lieu for blocks 47- 50 at the time of site plan approval. 2. The developer agrees to construct a trail along Block 53 to municipal standards as shown on the servicing drawings. 3. Noise Study Prior to receiving site plan approval or the issuance of any building permits for any development on Block 49 or Block 50, the Owner shall have completed, by a qualified acoustical consultant, a noise study, concerning the impact of traffic noise from the Provincial Highway 21. The noise study is to include recommendation for noise abatement in accordance with the MECP standards and is to be reviewed the Municipality's Engineer and the Bruce County Planning Department. Any and all measures in the approved study for attenuation of traffic shall be implemented as part of the site plan approval process. The Owner agrees that the site plan agreement(s) for Blocks 49 and 50 shall include a requirement that any offers of purchase and sale, and any lease agreements will include warning clauses as deemed necessary by the Municipality. 4. Canada Post The Owner agrees to include in all offers of purchase and sale, a statement that advises the prospective purchaser: a) that the home/business mail delivery will be from a designated Centralized Mail Box. b) that the Owner shall be responsible for officially notifying the purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales. The Owner further agrees to: a) work with Canada Post to determine and provide temporary suitable Centralized Mail Box locations which may be utilized by Canada Post until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision. b) install a concrete pad in accordance with the requirements of, and in locations to be approved by, Canada Post and the Municipality of Kincardine to facilitate the placement of Community Mail Boxes. c) Identify the pads above on the engineering servicing drawings. The pads are to be poured at the time of the sidewalk and/or curb installation within each phase of the plan of subdivision. d) determine the location of all centralized mail receiving facilities in co-operation with Canada Post and to post the location of the centralized mail facility sites on appropriate maps, information boards and plans. Maps are also to be 50 prominently displayed in the sales office(s) showing specific Centralized Mail Facility locations. e) Canada Post's multi-unit policy, which requires that the Owner provide the centralized mail facility at their own expense, will be in effect for buildings and complexes with a common lobby, common indoor or sheltered space. 5. Notice and Warning Clauses The Owner agree that the following Notice/Warning clause to be included in all offers of purchase and sale on the Draft Approved Plan: a) Stormwater Management Facilities - Purchasers are advised that facilities for the management of stormwater runoff on the lot are subject to an approved Stormwater Management Plan. No Owner of any lot shall alter, interfere with or remove any of the Stormwater Management Facilities located within the lot except in accordance with the approved Stormwater Management Plan. Changes or alterations to the approved Stormwater Management Plan shall require the prior approval of the Municipality of Kincardine and Saugeen Valley Conservation Authority. b) 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 c) Centralized Mail Box - Purchasers are advised that the home/business mail delivery will be from a designated Centralized Mail Box 6. Notice and Warning Clauses, Blocks 47, 48, 49 and 50 a) Parkland Dedication - Purchasers are advised that the conveyance of land for park purposes or payment in lieu of conveyance has not occurred for the lands identified as Blocks 47 to 50 in the Draft Plan of Subdivision (Revision 4, dated June 16, 2017). The dedication of land for park purposes will be required in an amount not exceeding 5 percent of the land contained within Blocks 47 to 50; or alternatively, payment in lieu of conveyance of land prior to development of Blocks 47 to 50, individually, in accordance with Section 42 of the Planning Act, R.S.O. 1990 c.P.13. 7. The developer agrees to pay a sidewalk contribution in the amount of $27,500 to the Municipality to install a new sidewalk along Bruce Ave from Weick Boulevard to Street "B", which is estimated to be 50% of the construction cost. 8. The developer acknowledges that it will be responsible to extend the 300 mm. diameter watermain on Bruce Ave. from the existing watermain beyond the westerly limit of the subdivision to the site, to the satisfaction of the Municipality. The work must be completed by a knowledgeable contractor that is satisfactory to the Municipality. The installed grade of this watermain shall match future reconstructed Bruce Ave. grade. 9. The Owner agrees to construct a sidewalk pedestrian access across Block 52. 10.Prior to Final Acceptance of the Stage 2 works, for any phase of servicing, as outlined in Section 4.1 of this agreement, the developer shall provide to the Municipality a detailed inventory and cost of all components of the municipal works, in a format acceptable to the municipality, for the municipality's PSAB accounting requirements. 51 11.The Municipality agrees that the existing easement, instrument # BR24139, may be removed from the rear of Lots 1-10, by the Owner, at its expense. 12.The Owner shall, prior to final approval ( or to the signing of any site plan agreement on Blocks 49 or 50), provide the municipality with a copy of any agreement with the MTO that requires road improvements on Hwy. 21, and with any approval documents relating to the development. 13.The Owner acknowledges that Part 21 of Plan 3R-9268, which is privately owned together with Lot 129 of the original 3M-98 together, is subject to and easement in favour of the municipality for the installation of municipal services. The Owner shall notify the property owner and coordinate the construction of the sanitary sewer connection on this parcel with that property owner. 14.Notwithstanding the requirements of Section 2.3 (a) of this agreement requiring the Developer to register the Plan prior to the commencement of construction. The Developer may, subject to written authorization from the Municipality, at its own risk, start construction prior to the registration of the Plan, provided that the Municipality has been satisfied that: a) Securities for the work have been received; b) A copy of the Developer's liability insurance has been received; c) All approvals from the Municipality, the Ministry of Environment, Conservation and Parks, the Ministry of Transportation, and the Saugeen Valley Conservation Authority have been received: d) The draft of the Plan to be registered has been approved by the Municipality and; e) The subdivision agreement has been signed. Should the Developer receive authority to proceed, it acknowledges and agrees that such construction and servicing work is done at its sole risk and the Developer agrees to indemnify and save harmless the Municipality with respect to any claim, demand, action, cost, suit or loss to anyone whomsoever which may occur as a result of breach of any of the approvals in clause c) or as a result of the installation of services prior to the registration of the Plan. 15.The Owner agrees to complete a Stormwater Management Plan, a Lot Grading Plan, an Erosion and a Sediment Control Plan, and a Tree Planting Plan; and to implement those plans and carry out the associated works to the satisfaction of the Saugeen Valley Conservation Authority and the Municipality. 16.The Owner agrees to provide and install trail signage to the satisfaction of the Municipality in all locations that are requested by the Municipality. 17.The streetlight fixtures and poles must be approved by the Municipality prior to installation.