HomeMy WebLinkAbout23 153 Bradstones Development Agreement (2023) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2023 — 153
Being a By-law to Authorize a Development Agreement with Bradstones
Development Inc. for the Development of Land
Whereas Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provide that the powers of a municipality under this or any other Act shall
be interpreted broadly so as to confer broad authority on the municipality to enable
the municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal i�sues and has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its authority
under this or any other Act; and
Whereas the Planning Act, R.S.O. 1990, c.P.13, as amended Section 51 (26)
provides for an agreement as a condition of a plan of subdivision approval and
permits the registration of the Agreement against the lands to which is applies; and
Whereas the Bradstones Development Inc. owns the land in the area of Queen
Street and Golf Links Road described as Part of Lot 18, Concession A, Municipality
of Kincardine; and
Whereas Council of The Corporation of the Municipality of Kincardine deems it
advisable to enter into a Development Agreement with Bradstones Development
Inc.; 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 enter into a
Development Agreement with Bradstones Development Inc., in accordance
with the terms and conditions outlined in the Agreement attached hereto as
Schedule `A' and forming part of this By-law.
2. That the Mayor and Clerk be authorized to sign and execute, on behalf of
The Corporation of the Municipality of Kincardine, the Agreement with the
Bradstones Development Inc.
3. That this By-law shall come into full force and effect upon its final passage.
4. That this By-law be cited as "Bradstones Development Agreement (2023)
By-law".
Read a First and Second Time this 13�" day of September, 2023.
Read a Third Time and Finally Passed this 13th day of September, 2023.
Yr I � 1
Mayor Cler
File No 20267
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
DEVELOPMENT AGREEMENT
between
Bradstones Developments Inc.
- and -
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Dated �\3, 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..............................................................................................................................................2
SECTION2 ORDER OF PROCEDURE...................................................................................................................3
SECTION3 INSTALLATION OF SERVICES............................................................................................................4
3.1 General............................................................................................................................................................4
3.2 Municipality's Legal and Engineering Costs....................................................................................................4
3.3 Developer's Engineer.......................................................................................................................................4
3.4 Works to be Installed.......................................................................................................................................5
3.5 Approval of Plans.............................................................................................................................................5
3.6 Notification of Commencement......................................................................................................................5
3.7 Progress of Works............................................................................................................................................5
3.8 Scheduling of Works........................................................................................................................................6
3.9 Contractor.......................................................................................................................................................6
3.10 Utility Costs and Charges............................................................................................................................6
3.11 Access Roads...............................................................................................................................................6
3.12 Movement of Fi11.........................................................................................................................................7
3.13 Damage to Existing Plant...........................................................................................................................7
3.14 Testing........................................................................................................................................................7
3.15 Erosion and Silting Control..........................................................................................................................7
3.16 Emergency Access.......................................................................................................................................7
3.17 Construction Refuse and Weeds.................................................................................................................8
3.18 Dust Control................................................................................................................................................8
3.19 Municipal5treet Numbers..........................................................................................................................8
3.20 Contaminants.............................................................................................................................................8
SECTION4 ACCEPTANCE OF WORKS.................................................................................................................9
4.1 Stages of Construction and Services................................................................................................................9
4.2 Inspection and Acceptance of the Works........................................................................................................9
4.3 Final Acceptance of the Works........................................................................................................................9
4.4 Acceptance During Winter Months...............................................................................................................10
4.5 Use of Works by Municipality........................................................................................................................10
4.6 Replacement of Survey Bars..........................................................................................................................10
4.7 Ownership of Services....................................................................................................................................10
SECTION5 MAINTENANCE OF WORKS............................................................................................................10
5.1 Maintenance of Works..................................................................................................................................10
5.2 EmergencyRepairs........................................................................................................................................11
SECTION 6 FOUNDATION CONSTRUCTION AND PERMITS...............................................................................11
SECTION7 LANDS TO BE CONVEYED...............................................................................................................12
7.1 Lands for Municipal Purposes........................................................................................................................12
7.2 Easements.....................................................................................................................................................12
SECTION8 ADMINISTRATION.........................................................................................................................12
8.1 Voiding Agreement........................................................................................................................................12
8.2 Developer's Expense......................................................................................................................................12
8.3 Developer's Liabilities....................................................................................................................................12
8.4 Insurance.......................................................................................................................................................13
8.5 Lega/Notice to Developer and Municipality..................................................................................................13
8.6 Registration...................................................................................................................................................13
8.7 Mortgages/Encumbrances............................................................................................................................13
8.8 Requirements for Building Permits................................................................................................................13
8.9 Requirements for Occupancy.........................................................................................................................14
8.10 Special 8uilding Permits/Model Homes..................................................................................................14
8.11 Right to Enter into an Agreement.............................................................................................................14
8.12 Successors and Assigns.............................................................................................................................14
8.13 Notification to Purchaser..........................................................................................................................15
8.14 Scheduling,Progress and Completion.......................................................................................................15
8.15 No Municipal Liability...............................................................................................................................15
8.16 Assignment...............................................................................................................................................15
8.17 Conflict......................................................................................................................................................15
8.18 Severability...............................................................................................................................................15
8.19 Amendment..............................................................................................................................................16
810 Further Assurances...................................................................................................................................16
8.21 Joint and Several.......................................................................................................................................16
8.22 Headings...................................................................................................................................................16
8.23 Enurement................................................................................................................................................16
SECTION9 FINANCIAL PROVISIONS................................................................................................................16
9.1 Development Charges, Drainage and Local lmprovement Charges..............................................................16
9.2 Securities.......................................................................................................................................................16
9.3 Reduction of Securities..................................................................................................................................17
9.4 Statutory Declaration of Accounts Paid........................................................................................................18
9.5 The Construction Act,R.S.O. 1990 c. C.30.....................................................................................................18
9.6 Release..........................................................................................................................................................18
SECTION 10 SPECIAL PROVISIONS—see Schedule„I„.......................................................................................18
SECTION 11 FINALIZATION OF AGREEMENT.....................................................................................................18
SECTION12 SIGNATURES.................................................................................................................................19
SCHEDULE«A„OF AGREEMENT...........................................................................................................................20
SCHEDULE«B„OF AGREEMENT............................................................................................................................21
SCHEDULE„�„OF AGREEMENT............................................................................................................................22
SCHEDULE„p„OF AGREEMENT...........................................................................................................................23
SCHEDULE„E„OF AGREEMENT............................................................................................................................24
SCHEDULE,.F„OF AGREEMENT............................................................................................................................25
SCHEDULE.,G„OF AGREEMENT...........................................................................................................................26
SCHEDULE��H��OFAGREEMENT...........................................................................................................................27
SCHEDULE�����OF AGREEMENT.............................................................................................................................32
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
DEVELOPMENT AGREEMENT
THIS AGREEMENT made in triplicate on the �day of�, 2023 A.D.
BETWEEN:
Bradstones Developments 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
Development Agreement (hereinafter called the "Agreement") and proposes to develop
it.
AND WHEREAS the Developer declares that it is the registered owner of the lands and
has submitted a draft Plan of Condominium (hereinafter called the "Plan") to the County
of Bruce (hereinafter called the "County).
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 Site Plan Agreement Dated
July 7, 2023, and to make financial arrangements with the Municipality for the
installation and construction of required services before draft approval of the Plan by the
County.
AND Whereas the Developer and the Municipality will enter into a Site Plan agreement
as it relates to the details of the development of the 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:
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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 "Development AgreemenY'.
"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$2000.00 per lot or block shall
be paid by the Developer to the Municipality by way of cash or letter of credit as
described in Section 8.9 of this Agreement.
"Developer" means, collectively, Bradstones Developments 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.
"Site Plan Agreement" means the Site Plan Agreement for the subject lands.
"Owner" means the Owner of a lot or block and may include the "Developer".
"Plan" means the plans relating to the Land as described in the attached Schedule "B".
"Works" means the Works and services described in Schedule "C".
1.2 List of Schedules
The following schedules are attached to and form part of this Agreement:
Schedule "A" -- Description of Lands Being Subdivided
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Schedule "B" -- Plans
Schedule "C" -- Checklist of Works to be Constructed
Schedule "D" -- (intentionally left blank)
Schedule "E" -- List of Lands for Municipal Purposes and Easements to be Granted
to the Municipality
Schedule "F" -- No Occupancy Agreement
Schedule "G" -- Application for Reduction of Security
Schedule "H" -- Conditions of Draft Approval
Schedule "I" -- 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) 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) Provide proof of postponement of any encumbrances on the lands.
(d) Deposit with the Municipality's Solicitor, copies of this Agreement
executed by the Developer, to be executed by the Municipality and
retained by the Municipality's Solicitor for registration as hereinafter
provided.
(e) 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 Site Plan from the Municipality.
(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 "C" to this
Agreement.
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(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 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.
(g) Have deeded to the Municipality the lands/blocks/easements listed in
Schedule "E".
2.4 Prior to the issuance of building permits the Developer shall:
(a) Have complied with all requirements of Section 8.8 of this Agreement.
2.5 Prior to any person occupying any building, the Developer shall:
(a) Have complied with all the requirements of Section 8.9 of this Agreement.
SECTION 3 INSTALLATION OF SERVICES
3.1 General
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.
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 Development.
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);
5
(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
builY' drawings. Paper prints and digital versions of the "as built" drawings
shall be submitted to the Municipality prior to the issuance of the
Certificate of Final Acceptance.
(g) To act as the representative of the Developer in all matters pertaining to
the construction.
(h) To provide co-ordination and scheduling to comply with the timing
provisions of this Agreement and the requirements of the Municipality's
Engineer, for all Works specified in this Agreement.
(i) To provide certification that the installation of services was in conformance
to said plans and specifications, such certification to be in a form
acceptable to the Municipality's Solicitor and the Municipality's Engineer.
Q) To take such other actions as may be required by the Municipality, acting
reasonably, for the completion of the development 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 "C" 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
Municipal Standards 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
6
required by the Municipality, then upon the Municipality giving seven (7) days
written notice by prepaid registered mail to the Developer, the Municipality may,
without further notice, enter upon the said lands and proceed to supply all
materials and to do all the necessary Works in connection with the installation of
the said Works, including the repair or reconstruction of faulty work and the
replacement of materials not in accordance with the specifications, and to charge
the cost thereof together with an engineering fee of ten percent (10%) of the cost
of such materials and Works to the Developer who shall forthwith pay the same
upon demand. If the Developer fails to pay the Municipality within thirty (30) days
of date on the bill, the money owing may be deducted from the cash deposit,
letters of credit, or other securities. It is understood in the event that the
Municipality must enter upon said lands and have Works completed or repaired
due to situations as outlined above any or all original mylars and specifications
prepared by the Developer's Engineer must be turned over to the Municipality's
Engineer for his use should he require same. It is understood and agreed
between the parties hereto that such entry upon the lands shall be as agent for
the Developer and shall not be deemed for any purpose whatsoever, as an
acceptance or assumption of the said Works by the 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
7
the removal of mud tracked from the Development as well as dust control. No
roadway outside the limits of the proposed Development may be closed without
the written consent of the Municipality. To obtain such consent, the Developer
shall advise the Municipal Cferk, not later than 14 days prior to the proposed
closure, of the date, time and duration they wish to close a roadway. All costs for
advertising the closure and signage shall be borne by the Developer. The
Municipality reserves the right to limit or prohibit the use of any existing access
road by the Developer.
3.12 Movement of Fill
The Developer covenants and agrees that it shall not dump nor permit to be
dumped any fill or debris on, nor shall it remove or permit to be removed any fill,
topsoil, trees or shrubs from any public lands, other than roads, without the
written consent of the Municipality's Engineer. The Developer further agrees that
no topsoil shall be removed from the lots and/or blocks except for construction
purposes within the development and then such topsoil shall be stockpiled during
grading operations and as each building is completed, the topsoil so stockpiled
shall be replaced on the ground around each building to comply with the
Municipal standards, and the replacing of such topsoil shall include all surfaces
not covered by buildings, driveways or pavement within the development.
Excess topsoil may be removed from the site with the approval of the
Municipality's Director of Infrastructure And Development. Any stockpiles are to
be maintained free of overgrowth, pose no adverse impacts to adjacent
development, sight lines, or grading/drainage, and shall be promptly removed
upon completion of the 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 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.
3.15 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.
3.16 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.
8
3.17 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
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.
3.18 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.
3.19 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.
3.20 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
9
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 completion of the municipal services, 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
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;
10
• 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.
SECTION 5 MAINTENANCE OF WORKS
5.1 Maintenance of Works
The Developer will be responsible for the repair and maintenance of all services,
until a Certificate of Final Acceptance is issued for services by the Municipality.
This maintenance period shall extend for two (2) years from the date of the
Certificate of Preliminary Acceptance for 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 Works Superintendent 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
11
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 watermains is
fully tested, disinfected and commissioned to the satisfaction of the municipality.
All costs associated with repair and maintenance of the water distribution system
during the maintenance period shall be charged back to the Developer and the
Developer shall pay all such amounts to the Municipality forthwith upon receiving
the associated invoices.
5.2 Emergency Repairs
Employees or agents of the Municipality may enter onto the Land at any time or
from time to time for the purpose of making emergency repairs to any of the
Works. Such entry and repairing shall not be deemed an acceptance of any of
the Works by the Municipality or an assumption by the Municipality of any liability
in connection therewith or a release of the Developer from any of his obligations
under this Agreement.
SECTION 6 FOUNDATION CONSTRUCTION AND PERMITS
6.1 The Developer shall, with respect to each building:
(a) apply to receive a permit from the Municipality for the construction of
foundations only (and excluding any other components) for each such
building on the Lands;
(b) subsequent to the construction of foundations, provide, for each such
building, a certificate issued by an Ontario Land Surveyor addressed to the
Municipality confirming:
(i) that the foundation walls between each Dwelling have been centred
on the Unit boundaries as set out on the Condominium Plan;
(ii) that all other foundation walls for each Dwelling are located within the
boundaries of the respective Unit as set out on the Condominium
Plan; and
(iii) that the elevations at the top of all foundation walls conform to the
applicable Grading Plan on file with the Municipality;
(c) make application to the Municipality for a permit for the balance of the
structure of each respective building only after the certificate referred to in
6.1(b) above is filed with the Municipality.
6.2 It is agreed that the Municipality shall not issue the permit referred to in
Paragraph 6.1 (c) above until such time as it has received, and is satisfied with,
the certificate referred to in Paragraph 6.1 (b) above. In addition to compliance
with this Agreement, the issuance of all permits shall be subject to compliance
with all other applicable law.
6.3 In the event that a foundation wall between Dwellings is not centred on a Unit
boundary between adjoining Units, the Developer shall be responsible for all
work required, including any removal, reinstallation and additional permits, in
order that a certificate may be provided in accordance with 6.1 (b) above. The
Developer shall indemnify and hold harmless the Municipality of Kincardine and
the County of Bruce from any cost, claim, demand or damages arising from the
incorrect placement of a foundation wall.
6.4 The Developer shall not covey any portion of the Lands other than by the
conveyance of a completed Dwelling, unless the transferee of such conveyance
12
enters into a written assumption of the Developer's obligations pursuant to this
Agreement.
6.5 This Agreement shall bind and benefit the parties hereto and their respective
successors and assigns.
6.6 All obligations herein contained, although not expressed to be covenants, shall
be deemed to be covenants and shall run with the Lands.
6.7 The Parties Acknowledge that further Agreements pursuant to Section 51 of the
Planning Act, R.S.O. 1990, c.P.13, as amended shall be required in order to
satisfy all Conditions of Draft Plan of Condominium Approval for the Lands.
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 "E" 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
Development. A list of easements and right-of-ways to be granted to the
Municipality shall be set out in Schedule "E" 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 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.
13
8.4 Insurance
The Developer shall insure against all damages or claims for damage in an
Insurance Company satisfactory to the Municipal Clerk as required under the Site
Plan Agreement. 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.
8.5 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 5th day after the date the Notice was deposited in the
Post Office.
Any notice required to be given to the Municipality hereunder shall be given to the
Municipality by registered mail to:
Municipality of Kincardine
1475 Concession, RR#5
Kincardine, ON N2Z 2X6
ATTN: Clerk
8.6 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.
8.7 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.
8.8 Requirements for Building Permits
The final approval of the Plan of Condominium by the County 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
Units shown on the Plans. 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 Units within the Plans until all requirements
hereinafter set out have been carried out to the satisfaction of the Municipality.
The Municipality shall have the right to refuse any such application until:
(a) Site Plan Approval and the appropriate Site Plan Agreement are
completed to the satisfaction of the Municipality.
14
(b) The requirements of Section 6 of this agreement dealing with Foundation
Permits are fulfilled to the Town's satisfaction.
8.9 Requirements for Occupancy
Subject to Section 8.10 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 Municipal services.
(b) All storm sewers and stormwater management works are complete to the
satisfaction of the Municipality.
(c) All electrical distribution, telephone lines, cable TV, and gas mains have
been installed
8.10 Special Building Permits / Model Homes
Pursuant to Section 8.8 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 8.8, a permit may be issued provided the
Developer or Builder has executed a No-Occupancy Agreement (Schedule "F") 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 8.9 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 8.9 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 8.9 for any
model home that was built pursuant to this Section 8.10.
8.11 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.
8.12 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.
15
8.13 Notification to Purchaser
The Developer shall in every Agreement of Purchase and Sale or Offer to Purchase
pertaining to any Unit within the Plans notify each purchaser of all of the payments
to be made by the purchaser to the Municipality pursuant to this Agreement and all
of the provisions of this Agreement which shall continue in force after the
completion of the sale. Further, the Developer shall furnish a list of those services
included in the purchase, specifying those installed and those to be installed at no
additional cost.
8.14 Scheduling, Progress and Completion
The Developer shall commence construction of services within eighteen (18)
months of the signing of this Agreement or the registration of the Plans 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.
8.15 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.
8.16 Assignment
The Developer shall not assign this Agreement without the prior written consent
of the Municipality, which consent may not be unreasonably withheld.
8.17 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.
8.18 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.
16
8.19 Amendment
Without in any way limiting the rights of the Municipality, the Developer agrees
that the Municipality may, with the consent of the then registered owner of any
land within the Plan, amend this Agreement insofar as it specifically affects such
land or any part thereof.
8.20 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.
8.21 Joint and Several
All terms, covenants, provisions and obligations of the Developer in this
Agreement shall be joint and several.
8.22 Headings
The headings contained herein are for reference only.
8.23 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 as required by
the Site Plan agreement signed July 7, 2023.
17
(a) 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 fhe 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."
(b) 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.
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.
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
"G" 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 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.
(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 Site Plan Agreement Dated July 7, 2023 or
twenty thousand dollars ($20,000.00).
18
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
Development.
9.5 The Construction Act, R.S.O. 1990 c. C.30
The Developer agrees that it will hold back in its payments to any Contractor who
may construct the services, such sums as are provided in accordance with the
Construction Act, R.S.O. 1990, c. C.30, and will otherwise indemnify and save
harmless the Municipality against any claims, actions or demands for
construction liens or otherwise in connection with the Works and all costs in
connection therewith, and on the demands of the Municipality's Solicitor will
forthwith take such steps to immediately discharge all liens upon the services.
Notwithstanding anything to the contrary contained in this Agreement, the
Developer hereby agrees that the filing of any liens pursuant to the said
Construction Act, with respect to the land described in Schedule "A" attached
hereto, shall constitute a default by the Developer of the terms of this Agreement
and shall entitle the Municipality to draw on any or all of the security referred to in
Section 9.2 of this Agreement and to utilize said draw to make payment into
Court of the holdback together with costs.
9.6 Release
When all of the obligations of the developer under this are completed to the
satisfaction of the Municipality, then the Municipality, upon application from the
developer, may consider executing a release of this agreement.
The Municipality may then enact a bylaw, or by-laws to provide that the Clerk is
to execute a release of this Agreement. The completion and registration of such
release shall constitute a full and final release of the obligations of the Developer.
SECTION 10 SPECIAL PROVISIONS —see Schedule "I"
10.1 The Developer and the Municipality agree that the provisions set forth in the
attached Schedule "I" 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.
19
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.
(Bradstones Developments Inc.
�
�
�
( Title:
( I/We have authority to bind the Corporation
�
( THE CORPORATION OF THE MUNICIPALITY
( OF KINCARDINE
� �
�
( Mayor
�
�
( Clerk
( We have authority to bind the Corporation
Developer's Address: 18 Concession 8, Ripley, ON, NOG 2R0
Developer's Telephone: 519-395-7999
Developer's Email: chad@bradstones.ca
20
SCHEDULE "A" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
DESCRIPTION OF LANDS BEING DEVELOPED
PIN #33303-0900 (LT)
PART LOT 18, CONCESSION A, KINCARDINE, PART 1, PLAN 3R-10519;
TOGETHER WITH AN EASEMENT OVER PART LOT 18, CONCESSION A,
KINCARDINE, PART 2, PLAN 3R-10519 AS IN BR164551; MUNICIPALITY OF
KINCARDINE
21
SCHEDULE "B" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
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22
SCHEDULE "C" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
CHECKLIST OF MUNICIPAL WORKS TO BE CONSTRUCTED
1. Water distribution system, fire protection and building connections 0
CHECKLIST OF PRIVATE WORKS TO BE CONSTRUCTED
1. Sanitary sewer collection system and sanitary services C�1
2. Storm sewers and stormwater management facility C�f
3. Roadworks and earthworks 0
Note: Works Required Denoted by Q
24
SCHEDULE "E" 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
A 0.3 m reserve to be conveyed, free and clear of all encumbrances to the Municipality
of Kincardine for the lands abutting Gingras Street.
LIST OF EASEMENTS TO BE GRANTED TO THE MUNICIPALITY
3.0 m easement for watermain from Golf Links Road to Gingras Street and loop through
site.
25
SCHEDULE "F" 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 tawful
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.
26
SCHEDULE "G" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
APPLICATION FOR REDUCTION OF SECURITY
To: (Name of Municipality's Engineer), Engineer, of
Developer: (Name of Developer)
Agreement: (Date of Agreement)
Property: (Legal Description of Property)
Application No. (Specify number of application)
The undersigned, (Name of Developer's Engineer) being the Developer's Engineer,
hereby confirms that the Works constructed as at the date of this Application have been
installed by the Developer under the full time supervision of the Developer's Engineer
and in accordance with the requirements of the Agreement between the Developer and
the Municipality.
The Works installed to the date hereof and the calculation of the cost thereof are
detailed in the schedule attached hereto.
Further, the undersigned Developer's Engineer hereby confirms that the Works
remaining to be constructed as at the date of this Application and the calculation of the
estimated cost thereof are also detailed in the schedule attached hereto.
This Application is given and delivered to the Municipality's Engineer with full knowledge
that the Municipality's Engineer and the Municipality will rely upon the information
contained herein in granting a reduction of the security held by the Municipality pursuant
to Section 9.2 of the said Agreement affecting the above property.
DATED at , Ontario this day of , 20
Signature of Developer's Engineer
Name of Developer's Engineer
27
SCHEDULE "H" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
CONDITIONS OF DRAFT APPROVAL
Cflunty of Bruce
Plannmg�Development Department
•S.o-h E�3�.� 1243 AMaCKenzi�R�d
BR�lCE b��;�o"°"��
county 226-909-5515
Co�di�ic�ns t�f Draft ApRroval
Va�ant Land Condominium
The Cauncil vf the Ca�porati�n of the County of Bruce her�y iss�s Draft Approval to tt�e
�otlow�ng�pplication:
File Number S 2022-023
For Bradstones Deve�pments Inc.
In Respect Of KINCARDINE CON A PT LOT 18;RP 3R1U519 PART 1
Munic�palit�►of IGncand�e{IGncardine ToMmship)
Date of Draft Approval As per ihe Courrty Deasion 3heet
"fhe foll�wing c�onditions have been estabtished by the County of Bruce�d m�est be met prior
to#he granting of Fnal Approval.
Identification
7. That#his approvaf appfies to Draft Plan of Vacant L�d Co��dcxn�ium Fle 5-2022-023
for Bradstones Devebpments��c_in the MuniapaGty of Kincardine.pnepared b�y D_
Gu[bert Ltd_on�eptember 28,Z()22, nevis�June 6,2023_
Lot Layout and Density
2. That#his approval is in accordance with the Relevant Infnrmation'seMio�n on the Draft
Plan af Vacant La�ci Cor�dom�ium,pr�epar�ed by D.Cufbert�td.o�September 28.
202�.revised.�une 6,2023_
Reserves
3. That a 0.3m r�eserve be conYeyed,free and cle�r of all encunbrances,to the
Munic�pal'ity of Km�aMine finrthe lands abutfirx�Gingras Street
Condominium Agreement
4_ That the Owner enter�to an a�+eement with the M�dpa�y of K�card�e to sabsfy all
the r�quir�ements of the Municipa�ty,finanaal ar otherwise,and including maZters
r�equired in tttese candi�ans of approv�.
5. That the Condamimum Agreerr�nt beiween the Ch�mer and fie Muniapality of
Kincardine inck�de the folowing crause�the satisfaction af the County of Bn�e in
28
consultation wittt the Saugeen Oj�bvvay Nativn Environm�nt affic�: Sh�ruid previousty
un�documented archaeologicai�esour�es be disvovered,they may be an arcftaeo[ogicaf
site and therefiare subject to Section 48 (i)of the Ontario Heritage Ad.The proponent
ar persan discovering the archa�ologicai nesources must cease atteration of tt�site
immediately and engage with Saugeen ajibway Natior�Archaeoiogy staff to pre-consult
pnar ta obtain�rg a ticensed aonsuttant archaeologi�t to carry out archaeotogica[
fieldwork,in compNanc�witt�Sec�ion 48 (1}c�f the Ontario Heritage Act and in keeping
with the Archa�olagical St�nnd�rds af the Saugeen Ojibway Natian.
6_ That the Municipality of tGncardine undertake to register the Condominium A4reement
against the land to which it applies,and a copy of the Agreement be forwarded to the
Gaunty of Bruce at the time of Fnal App�rovat of the Rlan_
Notices&Warning Ctau�es
7_ Th�t#he Candom�nium Agreement beiween the Owner and ttie Municipafity of
Kincardine include the r�quir�ement for the foAowing tVotice!Waming Clauses to be
incfuded in a(I offers of pur�has�and sale for condominium units an the Plan_
a. "Stormwater Management Facitities
Purchasers are advised that i�af'�s i�r the mar�agement of starmwater
runoff on the site are subjec#ta an approved Stamwater Management P[�n.
Na O�nrner of any unit$hall atter,in#ertere with or remove any af the
Stormwater Management Facilities Facated within the site except in
accord�noe with the appro�ed Stormwater Management Plan_ Ghanges ar
alterations to the�pproved Stormwater Management Plan shall require the
prior�ppraval of the Municipality of Kincardine_a
b_ "Site �rading
Purchasers are advi�ed that site grading is subject bo an approved Grad�ng
Plan_No awner of any unit shafl alter the grade or plaoe or remove any f[II
materia!within any yard except in accordance witft the approved Gradin�
Plan_Changes or a[terations to the approved Grading Plan sha�l require the
pnar�pproval af the Municipality of Kincardine_a
Easements
8. That#he Own�r agree to grant s�uch easemer�ts as may be requir�ed far utility, drainage
ar other purpases to the Municipality af Kincardine ar ather appropnate authoriti�s_
9_ That#he Owner agree to grant such easemer�ts within the praposed dectaration for the
ccm�aminium plan as may be r�equir�ed for maintenanoe access purposes to the rear
y�rds of intent�r units#o the satisfa�tion of the Municipaliiy of Kincardine.
Condi7ions of DraR Approval S-2022-023,Pa�e 2 of 5
29
Utilities $ Canada Pa$t
70.That the Owner provide an overail utility distribution plan to the�atisfactian afthe
Municipal'ity of 1Gncardine incfuding the necessary easements andlar agreements
required for the provision of utilfies.
91_Th�t th�Owner agree to make satisfactcy�ry arrangements with the appr4pnate electricity
service provid�r for the provisian of permanent or femparr�ry electricity serv�ces to tt7is
Plan.
12_That#he Owner�ree to make satisfacbary arrangements wiih the appropnate gas
s�nrice provider for the provrsian of permanerrt or temporary nabural gas senrices to this
Pl�n,
13_That the Owner agree to make sati�factary arrangements with the appropriate
telecommunication�and cable service providers for the provi�ion of permanent or
temparary teleoammunications and cabte services to this Pfan.
14_That the Owner a�ree to make satisfactory arrangernents far the installatian of
community mailtwxes, if deemed necessary by Canada Post_The loc�tion and
canstruction sffindar+d af community mailboxes shall be jointly approved by Canada Post
and the Municipality of Kincardine.
Bluewater District Schaol Board
15_That the Owner agree in the Gondorninium Agreement with wording accepfiab[e to
Bluewater District School Board to:
a. In�lude[n �II�tfers of Purchase and Sale a statement advising prospective
purchasQrs that student busmg is at the diseretion of the Student Transportation
Senrice Gonsortium of Grey-Bruce.
b_ Include in all Otfe�s of Purchase and Sale a statem�nt advising praspective
purchasers that if sch�l bus+es are required withm irie Subdivisian in accor�fance
with Boani Trans�rtation poficies,as may be amended fram time to time, sch4ol
bus Rick up points will generally be lacated a�t�e through sfieet at a lacation as
determined by the Studertit Transportation Service Gonsortium of Gr�ey-Bruce_
c. Provide sidewalks and pedestnan linkages throughaut tFie Plan,to promote
active tr�nsportatior�and safe walking routes ta the satisfactio�of the
Municipatity of tGncardine in consultation with the Bluevirater Distn�t School
B�rd_
Staging �nd Lapsing
i 6.That the Owner�gree to$tage any developmen#of the Plan in a manner satisfac#ory to
the Municipaliiy of Kincardine and County af Bnice.
Co�ddi4ns of Draft Apprrn+al S-2U22-023,Page 3 af 5
30
17.That the Owner prepare a Phasing Plan. if deEmed necessary by the Munici�ality of
Kincar�dine, �autlinin4 the timing af the required stud�es,and the design and timing of
c4nstructivrr of alt amenities and s�rvices troad oonst�cfion�services, etc.).
18_That the Draft Approv�l for Vacant Land Candorninium S-2U22-023 for Bradstones
Develapmerrts Inc. Inc in the Municipafiiy af Kincardine shall lapse as follows:
a_ Three(3)year�after the d�te of Draft Approval unless it has been e�en�ed by
the County of Bruce witt�the concurrence of the Municipality of Kincardine.
C�f�ci�l Plan and�oning By-law
19.That the Caunty of Bruc� be advised by the Muniupality of K"rncardine that the Plan of
Vacant Land Cc�ndaminium caMarms ta the Municipatity of Kincardine Ofricial PEan
�pproved under the Ptanning Act.
20_That the Caunty of Bruce be advised by th+e Muniupality of Kincardme that the Plan of
�`acant Land Condominium ctyMarms t�the Zanmg By-(aw approved under the Planning
AGt
Di�ital Plan Submission
21.That pnor to Final Appravat,the Owner shatl submit to the Municipality of tGncardine
and County of Bruce a digital fife af the Plan to be registered m a farmat approved by
the Municipalii�r of Kinc�rdine and County of Bruce.
Clearance Canditions
22_That pnor to Fin,�l Approva!being given by the Caurrty of Bruce,the County shall
receive a clearance letter from the faflowmg agencies indicatir�g how condfions
applicabl2 to their authority have been completed to their satisfac#ion_
a_ Municip�tity of Kincardine(conditions 3,4,6 to 10 inclusive, 'tfi, 17, 99 ta 21
inclusive);
h_ Electricity Service Provider(condition 11);
c_ G�s Utility Provider(cond�ion 12);
d_ Tel�ecommunic�tions ar�d Cable Service Provrder(conditian 13};
e_ Canada Post(cvndition 14); and
f. Bluewater Distnct Schaal Baard(condition 15}.
ff agency conditions a�incarparated ini�the Candominium Agreement��cop�of the draft
��greement should be sent t�them.This will expeciibe clear�nce of the Final Phan.
Cond�of Draft Approval S-20�2-023.Page 4 af�
31
General N�tes to Draft Appraval
1. It is the Owner's responsi�lity to fulfill the Conditions of DraR Approval and to ensur�e
that the required ctearance letters are forwarded by the appropriatie agencies to the
County of Bruc� Pl�ning�nd Develapment Department quo#ing the appropriate file
nurnber.
�. Ctearanc�letters ar�e required from the agencies tisted under`Clearance Condit�ons'of
#his approvat_
3_ Final Approva[—An'Applicatian far Final Approval'together with alt suppo�ting
daeumentati�n,plans and the r�equired flling fee must be submitted to the Cvunty of
Bruce. If the plans comply wilf�the terms of a�rnval, and the Co�nty of Bruce has
received the re+quired agency clearances,the County's st�mp of approvaE will be
endors�d on the pEan, and it will be forwarcied ta the Registry Off�ce i�or registration.
The number of mylar(s)and whR�p�per pnnts as required for registratian under the
Registry Act mu�t be submitted ta the Courrty of Bruce along with the'Appliration for
Fnal Approv�i.`
We stron�iy recammend that a`draft'of the Final Pl�n be submitted to the County and
the Registry t7ffice for pre-cle�r�nce prior to the submissifln af any AppCic�tion_
4_ You are advised to consuR the Land Registrar for nequirements for registration prioe to
�pptying to the Caernty of Bruce for Final A�roval.
5_ Inauguratian,or extension of a water works is subject ta the approval of the Ministry of
the Environment under Section 52 and Section 53 of the Ontario Water Resources Act,
�t_S.O_ 1990_
6_ Note that you wifl not be advi�ed in writing af fhe la�ing date of the Draft Plan
Approvat_ It is y�ur responsibility to provid�the appro�al bady with the required
inform�tion and fees to extend this draft appr�►al.Should Vte infiarmatian and fees not
be received prior to the lapsing datet the Draft Plan Approval will lapse. P[ease nobe that
an updated review of the plan and revi�ion to the Conditions of Approval may be
necessary if an e�ension is to be grant�d.
Cand"Aaans of Draft Apprrnral 5-2022-Q23,Page 5 aF 5
32
SCHEDULE "I" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
SPECIAL PROVISIONS
The following special provisions apply to this Agreement:
1. This agreement shall supersede any reciprocal clauses within the Site Plan
Agreement, dated July 7, 2023.
2. To the satisfaction of the County of Bruce in consultation with the Saugeen
Ojibway Nation Environment Office, should previously undocumented
archaeological resources be discovered, they may be an archaeological site and
therefore subject to Section 48 (1) of the Ontario Heritage Act. The proponent or
person discovering the archaeological resources must cease alteration of the site
immediately and engage with Saugeen Ojibway Nation Archaeology staff to pre-
consult prior to obtaining a licensed consultant archaeologist to carry out
archaeological fieldwork, in compliance with Section 48 (1) of the Ontario
Heritage Act and in keeping with the Archaeological Standards of the Saugeen
Ojibway Nation.
3. The Owner agrees to enter into and agreement with Bell Canada or other service
provider for the provision of telecommunications services.
4. The Owner agrees to maintain access routes for the Fire Department vehicles for
new buildings, construction trailers and material storage areas at all times during
construction.
5. The Owner agrees to satisfy the requirements of Canada Post with respect to the
provision of mail delivery and the Owner agrees to place and community mail
boxes that may be required to the satisfaction of Canada Post and the
Municipality of Kincardine.
6. Pre-Servicing
Notwithstanding clause 2.3 (a) of this Agreement which requires registration of
the Plan prior to the commencement of construction, the Developer may
commence installation of the Works as outlined in Schedule C to this agreement
prior to the registration of the Plan.
The Developer acknowledges that, prior to registration of the Plan:
a) The watermain may not be connected to the Municipal system
without the consent of the Municipal Engineer and the Operations
Manager.
b) Storm and Sanitary sewers may not be connected to the Municipal
System without the consent of the Municipal Engineer and the
Operations Manager.
c) No model home permits, and no building permits of any nature will be
issued.
d) Inspections of completed servicing may be conducted by the
municipality and the Municipal Engineer. No Preliminary Acceptance
recommendations will be available prior to registration.
The Municipality agrees to consent to this pre-servicing provided:
a) This Agreement has been registered on the Lands.
33
b) A draft of the Plan to be registered has been approved by the
Municipality
c) Any external easements or property acquisitions have been
completed the satisfaction of the Municipality.
d) The Developer has posted securities for the Work as per the Site Plan
agreement, Dated July 7, 2023. Security reductions will be considered
to the amount of 10% of the cost of these interim Works as outlined in
Sections 5.1 and 9.3 of this Agreement.
e) The Developer has provided proof of liability insurance as required by
this Agreement.
fl The Developer has received Municipal, Ministry of the Environment
Conservation and Parks, and Saugeen Valley Conservation Authority
approvals of the design drawings and;
g) That signage during the pre-servicing stage shall include at any access
to the site, "PRIVATE PROPERTY" and "NO ACCESS IS PERMITTED
AT ANY TIME".
If the Works, as set out in the engineering design drawings, are not being carried
out in an acceptable manner and the development of the Plan is not proceeding
expeditiously to the satisfaction of the Municipality, the Municipality, will have the
right to require the Owner to cease any or all construction activities, by written
notice to the Owner.
Prior to the municipality providing a full release letter for the draft plan conditions
that would allow the final approval and registration of the Plan, the balance of the
full amount of the security under Section 9.2 of this agreement shall be posted. This
security may be adjusted in value based on the amount of remaining works as
determined by the Municipal engineer.
The Developer acknowledges and agrees that such 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 by
anyone whomsoever which may occur as a result of servicing prior to the
registration of a Plan of Subdivision. The Owner acknowledges and agrees that,
should the Plan for this development for any reason be refused final approval
and the Plan is not registered, any pre-servicing authorized under this Agreement
shall cease and the Owner agrees to accept full responsibility and obligation,
financial and otherwise, for all servicing provided and Works that have been
constructed or installed. Should the Plan be refused final approval, the Owner
agrees to remove any or all Works or portions of Works if so requested by the
Municipality and to rectify any situation including all making restoration as a
result of construction to the satisfaction of the Municipality, if requested by the
Municipality to do so.