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Home My WebLink About06 020 Subdiv.Agree-Pipers Ridg THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE e BY-LAW NO. 2006 - 020 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SUBDIVISION AGREEMENT WITH KELDEN DEVELOPMENTS INC. CONCERNING PART OF LOTS 5 AND 6, EAST OF PARK STREET, TOWN PLOT OF PENETANGORE, MUNICIPALITY OF KINCARDINE (Piper's Ridge Subdivision) e 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 Sections 8 and 9 of the Municipal Act, 2001, S.O. 2001, c.25 provides municipalities with the powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act and to enable municipalities to govem their affairs as they consider appropriate; AND WHEREAS the Council for the Municipality of Kincardine deems it advisable to enter into a Subdivision Agreement with Kelden Developments Inc.; NOW THEREFORE the Council for the Municipality of Kincardine ENACTS as follows: 1. That the Municipality of Kincardine enter into a Subdivision Agreement with Kelden Developments Inc. to ensure appropriate development of those lands described as of Part of Lots 5 and 6, East of Park Street, Town Plot of Penetangore, (now Municipality of Kincardine), County of Bruce, being more particularly described in the Subdivision Agreement attached to this by-law as Schedule "A". 2. That the Mayor and Chief Administrative Officer be authorized to sign, on behalf of the Municipality of Kincardine the Subdivision Agreement with Kelden Developments Inc. which is attached to this By-law. e 3. This By-law takes effect from 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 "Piper's Ridge Subdivision By-law." READ a FIRST, SECOND and a THIRD time and FINALLY PASSED this 15th day of February, 2006. e ~.- ¡( ~ Mayor ' ~ Clerk . . . . rThis is S('¡'~~n1~ .. iL. n to By-Law No.~lJ&·..)P,.ied the IS~y Of~~. ,)11. ~~~ Mayor Clerk ~ êÔRPÔRÁTIÔN ÔF THE MUNICIPALITY OF KINCARDINE SUBDIVISION AGREEMENT RESIDENTIAL DEVELOPMENT ON FULL MUNICIPAL SERVICES SUBDIVISION AGREEMENT FOR PIPER'S RIDGE SUBDIVISION between "KELDEN DEVELOPMENTS INC." - and- THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ¡;) Dated a !)J1v IS- .2006 The Corporation of the Municipality of Kincardine 1475 Concession 5, R. R. 5 Kincardine, Ontario N2Z 2X6 F:\wp\89197-Kincardine\89197-06Jan04-Pipers Ridge Agree.doc . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE INDEX Section 1 .... Interpretation..............................................................................................................2 1.1 Defmitions....................................................................................................................2 1.2 List of Schedules.... ................. ....................... ................. .................................... .........3 Section 2 - Order of Procedure....................................................................................................3 Section 3 -- Installation of Services...............................................................................................5 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 General.........................................................................................................................5 Municipality's Legal and Engineering Costs...............................................................5 Developer's Engineer...................................................................................................5 Works to be Installed ...................................................................................................6 . Approval of Plans ........................................................................................................6 Notification of Commencement...................................................................................6 Progress of Works........................................................................................................6 Scheduling of Works.................................................................................................... 7 Contractor .................................................... ................. ................... ............................7 Utility Costs and Charges ............................................................................................7 Access Roads ............................................................................................................... 7 Movement ofFill.........................................................................................................7 Damage to Existing Plant.............................................................................................8 Signs.............................................................................................................................8 Testing..........................................................................................................................8 Erosion and Silting Control .........................................................................................8 Emergency Access .......................................................................................................8 Construction Refuse and Weeds ..............................................................;...................8 Dust Control.................................................................................................................9 Street Names ................................................................................................................9 Municipal Street Numbers ...........................................................................................9 Blasting ........................................................................................................................9 Driveways ....................................................................................................................9 Contaminants .............................................................................................................1 0 Section 4 - Acceptance of Works................................................................................................10 4.1 4.2 4.3 4.4 4.5 4.6 4.7 Stages of Construction and Services..........................................................................l 0 Inspection and Acceptance of the Works................................................................... I 0 Final Acceptance of the Works..................................................................................l 0 Acceptance During Winter Months ...........................................................................1 I Use of Works by Municipality...................................................................................lI Replacement of Survey Bars......................................................................................ll Ownership of Services ...............................................................................................II Section 5 - Maintenance or Works .............................................................................................11 5. I Maintenance of Works ................................................................................................ I I 5.2 Road Maintenance .....................................................................................................12 5.3 Emergency Repairs ....................................................................................................12 Section 6 - Drainage and Landscape Design ............................................................................12 6.1 6.2 6.3 6.4 6.5 Drainage.....................................................................................................................12 Preservation of Trees ... ............ ............. ............. ................. ................. ......................12 Lots Unsuitable for Building .....................................................................................13 Lot Grading ................................................................................................................13 Maintenance of Lot Grading......................................................................................15 . . . . Index (cont' d) Section 7 - Lands to be Conveyed..............................................................................................15 7.1 Lands for Municipal Purposes ...................................................................................15 7.2 Easements ..................................................................................................................15 7.3 Turning Circles ..........................................................................................................15 Section 8 - Administration ..................,......................................................................................16 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 821 8.22 Voiding Agreement....................................................................................................16 Developer's Expense .................................................................................................16 Phasing.......................................................................................................................16 Developer's Liabilities...............................................................................................16 Insurance .............................. ....................... ..................................... ..........................17 Legal Notice to Developer .........................................................................................17 Registration....... ............... ............. ............. ....................................... ........................ .17 Assignment or Transfer of Mortgage......................................................................... 17 Requirements for Building Permits ...........................................................................17 Requirements for Occupancy..................................................................................... 18 Special Building PermitsIModel Homes....................................................................19 Right to Enter into an Agreement..............................................................................19 Successors and Assigns..............................................................................................19 Notification to Purchaser ...........................................................................................19 Scheduling, Progress and Completion .......................................................................20 No Municipal Liability ..............................................................................................20 Assignment ................................................................................................................20 Conflict .... ............................ ............................................................. .........................20 Severability .................................................................. .................... ..........................20 Amendment................................................................................................................20 Further Assurances............... ........... ............ ................. ....... ............. ......................... .21 Joint and Several.........................................................................................................21 Section 9 - Financial Provisions.................................................................................................21 9.1 9.2 9.3 9.4 9.5 9.6 Development Charges, Drainage and Local Improvement Charges..........................21 Securities .................................................................... ............... ........................... ......21 Reduction of Securities.... ............. ............ ............... ................ ............................... ...22 Statutory Declaration of Accounts Paid.....................................................................22 Construction Lien Act............. ...... ............................ ................. ........................... .....23 Partial Release......................................................................................................... ...23 Section 10 -- Special Provisions - See Schedule "M" ..................................................................................................23 Section 11 - Signatures ...............................................................................................................24 Index (conI' d) . Schedule "A" Schedule "B" Schedule "c" Schedule "Ð" Schedule "E" Schedule ''F' Schedule "G" Schedule "H" . Schedule "I" Schedule "J" Schedule "K" Schedule "L" Schedule "M" . . LIST OF SCHEDULES -- Description of Lands Being Subdivided..........................................................25 Plan of Subdivision ..........................................................................................26 Municipal Servicing Standards........................................................................27 Checklist of Works to be Constructed .............................................................39 -- Itemized Estimate of Costs of Construction of Each Part of the Works..........40 List of Lots Unsuitable for Building Purposes ................................................41 Owner's Final Grading Certificate...................................................................42 List of Lands for Municipal Purposes and Easements to be Granted to the Municipality ...........................................................................................43 -- No Occupancy Agreement...............................................................................44 Application for Reduction of Security .............................................................45 Form of Partial Release....... ............ ................. .................. ..............................46 Conditions ofÐraft Approval..........................................................................47 Special Provisions. ............................................ ................. ........................... ...53 Transfer/Deed of Land Form 1 - lend RegletraUon Reform Act DoProcessSoftwareLld,' (416)322~6111 62216 (1) Registry 0 (3) ld:~~r(s) Land Tltles!XJ (2) Page 1 of 3 pages Block Property Additional: See !XJ Schedule (4) Consideration TWO-.....-----------.--------------.------------- Dollars $ 2.00 (5) Description This is a: Pro'p~rty 0 Prope~. 0 J>. f f 14"~041 ~ DIvISion S Co~ohdatlo.Q b f!!.;" ,...... · t' {(.....-I, e.c.,.,.o.,,;,,.,_(,rJ J Part Lot 2, Plan 3M-195, being Part 21 on Reference Plan 3R-8339 '06 OCT 2~ Prl 2 ~B Part Lot 3, Plan 3M-195, being Parts 18 and 20 on Reference Plan 3R.8339 New Property Identifiers q "1 1.(<..' I) - D Part Lot 4, Plan 3M-195, being Parts 5, 10, 15 and 16 on Reference Plan Executions 3R.8339 NO EXECUTIObJSa,: All in the Municipality of Kincardine, County of Bruce ~~~edule 0 (6) This (a) Redescript on ~ (b) Schedule for: Document New Easement ' Contains Plan/Sketch D I Description [X] Additional Parties D other [X) (7) Interest/Estate Transferred ~ Easement ID Gross (8) Transferor(s) The transferor hereby transfers the land to the transferee .~. .... ... ......... ........ ........... ........ ".... ..-............... ...... ... .......-......................--.. ......--............ ....... ........ ................... ............. ... ... ..... ... ..... ..... .... ... ...... ......~.................... ".. - - _..- .... ......... .... ........... ..... ......... .... ...... ............... ......... ..... ... ... .......... .... .... ... ... .... ..... ........... ... ... ..... ...... ... .......... ...... .............. ... .............. .... ...... Date of Signatu re ~~:~~~~~mnmmn...tm~;QL'!~.A;m ::.......:.:.::.:..::::...::::..:::.: .I:~~~.~t~:~~~~~~t.O~i~.~!~el;~:=!i.O:lIT Name(s) KELQ~N..Q~yt;.~.Qr.MEN.T..lN.C.~...m............................................ (9) Spouse(s) of Transferor(s) I hereby consent to this transadlon Name(s) Date of Signature :;~:~~:(~).nnnmmnmnmnmnmmnnnnmmnnrm~nn,Mn'~ (10) Transferor(s) Address for Service 86491 Amberley Beach Road, R.R. 1, Kincardine, Ontario N2Z 2X3 (11) Transferee(s) Date of Birth : Y : M : 0 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE i ! 1 ..." -"...................................................................................................... m.................... n................................................................... 'j' .........".....f...." .:--...... .. - .."......................................."....................................................................................... ................................................................... .1................t......1"....... ....................................................................................n................................................................................................... '..............!................:......1........ (12) Transferee(s) Address for Servtce (13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act. Date of Signature Date of Signature ,Y jMjDi ,Y !M!D ...J Signature.. m m.. m..m m." m. m.h..... h. n..................J.. m...... . ...J..... ..L......J Signaturem........ n. n" n. mmhn n.h h... h.... .h.............. .... L............. .t...... .t....... <( Solicitor for Transferor(s) I have explained the effed of section 50 of the Planning Act to the transferor and I have made Inquiries of the transferor to determine 5 that this transfer does not contravene that sedlon and based on the information supplied by the transferor, to the best of my knowledge and belief, this transfer i= does not contravene that sedion. I am an Ontario solicitor in good standing. Date of Signature c... Name and . Y , M" . 0 o Address of : :: ~ Solicitor Slgnature........................................m..........m..m...mJ................L.. ....l.. ..... OJ (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records reveal .6 E no contravention as set out in subclause 50 (22) (c) (il) of the Planning Act and that to the best of my knowledge and belief this transfer does not ~ i)~ ~ contravene section 50 of the Planning Ad. I act independently of the solicitor for the tranSferor(s) and I am an Ontario solicitor in good standing. ..!ll ~U c... fiic:1l El"u !!..... ~ GL~~ UG 'Io'(.s.l.t=. ~ 1475 Concession 5, R.R. 5, Kincardine, Ontario N2Z 2X5 Name and Address of Solicitor Date of Signature Y M 0 . .. . .. Signaturem..... m m ......... ............... ............. ............. ...J................ L...... [....... (15) Assessment Roll Number of Property (16) Municipal Address of Property cty. Mun, Map l Sub. ! Par. ~ Z o Registration Fee Land Transfer Tax Not Assigned ... Page 2 TERMS AND PROVISIONS OF THE EASEMENT 1. The Transferors grant, convey and confirm unto the Transferee, its successors and assigns, in perpetuity, the free, uninterrupted and undisturbed right and easement to enter upon the lands herein described at any time for the purposes of constructing and installing municipal services in, under, over and upon the said lands, and with the further and continuing right to the said Transferee, its successors and assigns, and its servants, agents and workmen to enter upon the said lands at any time to construct, repair, correct, operate, replace and maintain at all times in good condition and repair the said municipal services and for every such purpose the Transferee shall have access to the said lands at all times by its agents, servants, employees and workmen. 2. The Transferee covenants and agrees that, upon completion of any work undertaken hereunder, the Transferee will restore the areas of land upon which it has performed work to the same condition as that in which the lands were founds prior to the commencement of the work. 3. The Transferers covenant with the Transferee to keep the lands herein described free and clear of any trees, buildings, including building projections such as window sills, chimney breasts, cornices, eaves and other architectural features, swimming pools, structures or obstructions as may be necessary for the use, operation, repair, replacement or maintenance of the easement and to use the lands herein described only in a manner and for purposes not inconsistent with the exercise ofthe rights created by this indenture and, without limiting the generality of the foregoing, only as a yard, lawn, garden, flowerbed, roadway, driveway or parking area and the Transferors agree to not do or suffer to be done anything which might injure any of the works of the Transferee thereon. 4. The Transferee, by the acceptance and registration of the within Easement, agrees to be bound by the terms and provisions contained herein. 5. The burden and benefit of this Agreement shall run with the lands herein deescribed and shall extend to and be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Refer to all instructions on reverse side. Ministry of Finance Motor Fuels and Tobacco Ta. Branch PO Bo. 625 33 Kino Sl. West Oshawa ON L 1 H BH9 Property Identifier(s) No. Land Transfer Tax Affidavit Land Transfer Tax Acl ww~,l,J~~.n.daDocume"t!!l.eom '@ Ontario In the Matter of the Conveyance of (insert brief description of/and) _Part of Parcel Plal~.I, Section 3M-195 being part Lot 2,_ PlanJM-19~,_ being Parts 18 and 20 on Reference Plan 3R-8339. Part Lot 4, Plan 3M.195 being Parts 5, 10, 15 and 16 on Reference Plan 3R-8339 being all in the Municipality of Kincardine, County of Bruce. BY (print names of all transferors in full) Kelden Development Inc. TO (print names of all transferees in full) The Corporation ofthe Municipality of Kincardine I Geor~e C. Magwood have personal knowledge of the facts hereIn deposed to and Make Oath and Say that: 1. I am (place a clear mark withirr the square opposite the following paragraph(s) that descrlbe(s) the capacity of the deponents): o (a) the transferee named in the above-described conveyance; [8J (b) the authorized agent or solicitor acting in this transaction for the transferee(s); o (c) the President, Vice-President, Secretary, Treasurer, Director or Manager authorized to act for (the transferee(s)); o (d) a transferee and am making this affidavit on my own behalf and on behalf of (insert name of spouse or same-sex partner) who is my spouse or same-sex partner. o (e) the transferor or an officer authorized to act on behalf of the transferor company and 0 I am tendering this document for registration and o no tax Is payable on registration of this document. 2. THE TOTAL tONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash................................................................$ (b) Mortgages (i) Assumed (princlpat and interest}................................. $ (ii) Given back to vendor.............................................. $ (c) Property transferred in exchange (detail below in para. 5) ...............................$ (d) Other consideration subject to tax (detail below}............................................ $ (e) Fair-market value of the lands (see Instruction 2) ...........................................$ (f) Value of land, building, fixtures and goodwill subject to land Transfer Tax (Total of (a) to (e)).............................................................$ (g) Value of all chattels - items of tangible personal property which are taxable under the provisions of the Relail Sales Tax Act..................................................................................... ....................................... $ (h) Other consideration for transaction not included in (f) or (g) above................... .................................. $ (i) Total Consideration.................. ............... ............... ............. ...................... ....... ................. ..........$ 2.00 nil nil nil nil nil All blanks must be filled in. Insert "Nil" where applicable. 2.00 $ 2.00 nil nil 2.00 3. To be completed where the value of the consideration for the conveyance exceeds $400,000.00 I have read and considered the definition of "single family residence" set out in subsection 1(1) of the Act. The land conveyed in the above-described conveyance: o does not contain a single family residence or contains more than two single family residences; o contains at least one and not more than two single family residences; or o contains alleast one and not more than two single family residences and the lands are used for other than just residential purposes. The transfereE has accordingly apportioned the value of consideration on the basis that the consideration for the single family residence is $ and the remainder of the lands are used for purposes. Note: Subsection 2(1)(b) imposes an additional tax at the rate of one.IJalf of one percent upon the value of the consideration in excess of $400,000.00 where the conveyance contains at least one and not more than two single family residences and 2(2) a//ows an apportionment of the consideration where the lands are used for other than just residential purposes. 4. If consideration is nominal, is the land subject to any encumbrance? 181 Yes 0 No 5. Other remarks and e1).a~atio~~, if necessary. _~onveyance of easement to Municipality for municipal purposes as required bl Subdivision Agreement'l ~o consideration passing. Sworn before me in the Municipality of Brockton .2006 ~ /1,~~./ .{'~&"", (. -/- , George C. Magwood Des ibe nature of instrument: Deed (i) Address of property being conveyed (It available) Not Assi~ned For land Regl!!ry Office Us~_9~ly Reglslration No. C. (ii) Assessment Roll No. (If available) Not Assigned Mailing address(es) for future Notices of Assessment under the Assessment Act for properly being conveyed 1475 Concession 5, R.R. #5, Kincardine, Ontario N2Z 2X5 Registration Dale (YearlMonth/DayT--- L--.__..L_ land Registry Office No. D. (I) Registration number for last conveyance of property being conveyed (If available) (ii) Legal description of property conveyed: Same as in D. (i) above. DYes [gJ No D Not Known E. Name(s) and addressees) of each transferee's solicitor: Waechter, Magwood, Van De Vyvere & Thompson, 215 Durham Street, Walkerton, Ontario NOG 2VO School Support (Voluntary Election) (See reverse forexp/anatiOn) Yes No (a) Are all individual transferees Roman Catholic? D 0 (b) If Yes, do all individual transferees wish to be Roman Catholic Separate School Supporters? D 0 (e) Do all individual transferees have French Language Education Rights? D 0 (d) If Yes, do all individualtra~sferees wish to support the French language School Board (where established)? D 0 Note: As to (cl and (d) the land beIng transferred will receive French Public School Board Election unless otherwise directed In (a) and (b) 0449K (2004.04) . . . . MUNICIPALITY OF KINCARDINE SUBDIVISION AGREEMENT THIS AGREEMENT made in triplicate on the day of , 2006 A.D. BETWEEN: KELDEN DEVELOPMENTS INC. hereinafter called the "Developer" of the FIRST PART - 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 WI1NESSETH that in consideration of other good and valuable consideration and the sum of One Dollar ($1.00) oflawful 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 J.J 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 ofInspection Re: Readiness for Oceupancy" 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 Administrative Officer (CAO)" means the Chief Administrative Officer or delegate for . the Municipality of Kincardine. "Chief Building Official (CBO)" means the ChiefBuilding Official or designate for the Municipality of Kincardine. "Conservation Authority" means the Saugeen Valley Conservation Authority and its successors and assigns. . . "County" means the County of Bruce and its successors and assigns. "DamageILot Grading Deposit" means the amount of $2,500.00 per lot or block shall be paid by the Developer or Owner to the Municipality by way of cash or letter of credit as described in Section 8.9 of this Agreement. "Developer" means, collectively, Kelden Developments Inc. and their respective successors and assigns. "Land" 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 ofthe Municipality of Kincardine, and its successors and assigns. "Owner" means the Owner ofa 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". "Public Works Manager" means the Public Works Manager or his designate for the Municipality of Kincardine. "Works" means the works and services described in Schedule "D". 3 1.2 List of Schedules . The following schedules are attached to and fonn part ofthis Agreement: Schedule "A" -- Description of Lands Being Subdivided Schedule "B" Plan of Subdivision Schedule "c" Municipal Servicing Standards 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 ofLots Unsuitable for Building Purposes Schedule "G" Owner's Final Grading Certificate List of Lands for Municipal Purposes and Easements to be Granted to the Municipality . Schedule "I" -- No Occupancy Agreement Schedule "H" Schedule "J" Application for Reduction of Security Schedule "K" F onn of Partial Release Schedule "L" Conditions of Draft Approval Schedule "M" -- Special Provisions SECTION 2 -- ORDER OF PROCEDURE 2.1 Upon application to the Mnnicipality for the preparation of an Agreement the Developer shall: (a) Pay to the Municipality the sum often thousand ($10,000.00) dollars as a deposit in respect of the Municipality's legal and engineering costs referred to in Section 3.2 (a) herein. . (b) Submit a General Plan outlining the services to be installed. (c) And may be required to sign a predevelopment agreement which includes: · the intent of the developer; · the intent of the Municipality; · a statement outlining the areas of study that will be required prior to the Municipality agreeing to proceed with the development (by means of a development agreement); · a statement outlining the deposit amount of$IO,OOO and the tenns ofits use; · a general timeline for review of the development project. 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. · . · · 4 ( c) Mutually agree with the Municipality on the parcel ofland 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 TransferslDeeds orland for the parkland with the Municipality. (e) Deposit with the Municipality eight (8) 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. (f) 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) Deposit executed deeds to the Municipality, rree and clear of all encumbrances, for any lands to be conveyed to the Municipality (and such deeds to be deposited with the Municipality) prior to the CAO's clearance letter to the County of Bruce. (c) Have submitted and obtained the 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 Plan; · 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 the Environment's Certificate of Approval for the Water Supply and Distribution System, the Sewage Collection System, and the Stonn Sewer System and Stonn Water Management Works. (d) Provide written confinnation 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. 2.4 Prior to the sale of any lot and/or 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 buildiDg, 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 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. (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 shaIl 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 fi'om the Municipality, such amount as is necessary to maintain the deposit referred to in Section 2.1 at the sum often thousand ($10,000.00) 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 registered with 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 ofthe Environment, and others as required. (e) To provide the field layout, the contract documentation and the full time supervision of construction. (f) To maintain all records of construction and upon completion, to advise the Municipality's Engineer of all construction changes and to prepare final "as constructed" drawings. Digital files of the "as constructed" drawings shall be submitted to the Municipal Engineer and the Municipality prior to the issuance of the Certificate of Final Acceptance. Digital files shall be in the format of AutoCAD dxf or dwg files, coordinates ofUTM Nad 27 zone i 7 North or UTM Nad 83 zone North with and accuracy of I meter or less. . (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. 0) 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. 3.4 Works to be Installed . 3.5 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 ITom 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. 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 ITom such plans and specifications. 3.6 Notification ofCommeocement 3.7 . . 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. Progress of Works The Developer shall install all Works in a timely manner, in accordance with the requirements of Schedule "C" and this Agreement. Ifhe 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 fault 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 fTom 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 my lars 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. 7 . 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 (J 0) 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 to 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 fÌ'om time to time may direct. 3.9 Contractor The said services shall be installed by a contractor or contractors retained by the Developer and approved in writing by the Municipality's Engineer. 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 3.12 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 ofthe Municipality. To obtain such consent, the Developer shall advise the Chief Administrative Officer (CAO), 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. Movement ofFill 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 fÌ'om 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 fÌ'om 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 fÌ'om the site with the approval of the Municipality's Public Works Manager. . . . . . . 3.13 3.14 3.15 3.16 3.17 3.18 8 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. Signs Signs at least 1.2 m x 1.8 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. Testing The Municipality'~ 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 additional 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. 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. Emergency Access The Developer shall at all times during construction and development of the Works maintain emergency access to the land to the satisfaction ofthe Municipality's Engineer. 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 (49) 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 3.20 9 Dust Control Until the Final Acceptance of all Services to be constructed under this Agreement, the Developer shall use such reasonable method to prevent any dust problem to traffic or home occupants as the Municipality shall deem necessary and for this purpose the Public Works Manager shall notifY the Developer in writing ITom time to time of the requirements of the Municipality. Street Names The Developer shall name all streets within the Land fonning part of the Plan with names approved by the Municipality. 3.21 Municipal Street Nnmbers (a) All Lot, Block or building numbers for use within the Plan shall be allocated by the Chief Building Official (CBO). To obtain such allocation, the Developer shall furnish the CBO with a copy of the Plan as registered upon which the CBO will designate the proper numbers for each Lot, Block or building. (b) The Developer shall display by means of a legible sign at least I' x I' 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 B lock 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 ITont of the property upon occupancy. 3.22 Blasting 3.23 The Developer agrees that no blasting will be undertaken without the written consent of the Municipal Engineer. 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 revision 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 comer lots located in the plan, as these driveways entrances must be located as far as possible 1Ì'Om the street comer to minimize the amount of snow that will block these driveways during the Municipality's efforts to remove snow. Further, the Developer hereby agrees that he will be responsible for, or will provide for agreements with subsequent owners, with respect to responsibility, to complete all driveway entrances, for their full width, with a hard surface consisting of asphalt or concrete pavement. This hard surface shall extend to the edge of the municipal road allowance. · · · . 3.24 IO 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 the Environment immediately and take all necessary steps and remedial efforts required by the Ministry of the Environment 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 oflands 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 4.2 4.3 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, construction of all drainage swales and outlets, 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 öf asphalt, topsoil and sodding, trees, fencing and any other requirements of this agreement. Inspection and Acceptance oftbe 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. J. Final Acceptance oftbe 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 installèd; . Satisfied all repairs or maintenance work on the applicable services have been completed. · · · . II and the Municipality has: . Approved the formal certification of final completion ÍÌ'om the Developer's Engineer certifÿing 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 or Works by Municipality The Developer agrees that: (a) The Works maybe used prior to acceptance by the Municipality, or other authorized persons for the purposes for which such works were designed. Such use shall not be deemed an acceptance of the Works by the Municipality. 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. (b) (c) 4.6 Replacement or Survey Bars Prior to the final acceptance by the Municipality, the Developer shall deliver to the Chief Building Official (CBO) a statement ÍÌ'om an Ontario Land Surveyor that after the completion of the work, he has found, in satisfactory condition 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. 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 by the Municipality. This maintenance period shall extend for two (2) years ÍÌ'om the date of the Certificate of Preliminary Acceptance for each Stage of the Works. During this maintenance period, a 10010 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 ÍÌ'om the Municipality, then the Municipality's Engineer or Public Works Manager may, without further notice, undertake such maintenance work and the total costs of such work, including engineering fees, shall be borne by the Developer. Ifthe Developer fails to pay the Municipality within thirty (30) days of the date of billing then the money owing may be deducted ÍÌ'om 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. · · · . 5.2 5.3 12 Road Maintenance The Developer will be responsible for the maintenance ofthe 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 Public Works Manager. All costs of such work shall be paid by the Developer within thirty (30) days of date of billing or otherwise may be deducted fi'om 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 therefi'om 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. Emergency Repairs Employees or agents of the Municipality may enter onto the Land at any time or uom 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 ofthe Works by the Municipality or an assumption by the Municipality of any liability in connection therewith or a release of the Developer fi'om any of his obligations under this Agreement. SECTION 6 DRAINAGE AND LANDSCAPE DESIGN 6.1 6.2 Drainage All Lots and Blocks within the Plan and all lands abutting the Plan shall be graded to drain in accordance with the Drainage Plan as approved by the 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 they shall to provide and maintain adequate drainage of such surface works. Satisfactory drainage outlets shall be provided. Drainage outlets shall be constructed fi'om the limits of the Subdivision to a sufficient outlet in accordance with the approved engineering drawings. Preservation of Trees The Developer shall strive to preserve healthy trees, except for the actual area of roadway construction, the installation of services, or the areas within the building envelope. No additional trees shall be removed without the Public Works Manager's written pennission. 6.3 · 6.4 · · . I3 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. 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 ofthe 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. (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 anDroved bv the Chief Building Official of the Municipality. The Building Lot Site Plan shall show: · the proposed finished elevation of these lands at each comer of the lot or block; · the proposed finished elevation of these lands at the front and rear of the building; · the proposed fmished 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; · any abrupt changes in the proposed finished elevation of these lands; · the service locations and the invert elevations of all municipal services · the Lot and Registered Plan number, the municipal address for the subject Lót 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. 14 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 · The Owner's Final GradingCertificate must be completed in the form attached as Schedule "G" bearing the signature and seal of a Professional Engineer or Registered Ontario Land Surveyor that the actual finished elevation and grading of these lands generally conform with the Lot Grading Plan and the Certified Building Lot Site Plan. · If occupancy occurs between November I 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 J. · When the Owner's Final Grading Certificate is accepted by the . Municipality's Chief Building Official that the Lands generally conform with the Lot Grading Plan and the Certified Building Lot Site Plan, the Damage/Lot Grading Deposit referred to in Section 8.9 (g) is returnable to the Owner subject to this Section and Section 8.9 (g) of this Agreement. · The Owner agrees that, should drainage rectification become necessary in the absolute discretion of the Municipality, and the Owner fails to make such rectification when so instructed by the Municipality, the Municipality may, at its option, undertake the correction of such drainage and all costs over and above the two thousand, five hundred 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 regarding 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. (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 ftom 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. . 15 (t) 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 All lot grading and drainage facilities and works required by Section 6 or elsewhere in this agreement shall be provided and maintained by the Developer or subsequent owner of each individual lot from time to time, in perpetuity at such party's sole risk and expense. Should, for any reason, the Developer or subsequent Owner fail to maintain that lot grading, they acknowledge that the Municipality, in receiving certified lot grading certificates as required in this agreement, absolves itself of any further interest or responsibility for such lot grading save and except for those works on registered easements. .. 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 Municipal 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 CAO. 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 "Hn ofthis 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 ofland 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. .. · · · . 16 SECTION 8 - ADMINISTRATION 8.1 Voiding Agreement In the event that the Plan is not registered within one year ÍÌ'Om 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 ÍÌ'Om 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 ofthis 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 any of the Works, he may request the Municipality's pennission to divide the area into convenient phases. (b) Ifthe 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. 0.1990 c. P. 13 atthe 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 ÍÌ'Om 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 pennitted to be installed and no building pennits issued until this approval has been given in writing by the Municipality. (f) Subject to Section 8.15 herein, commencement of construction within subsequent phases of this subdivision, or other subdivisions of the Developer herein within the Municipality, 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 · 8.6 · 8.7 17 Insurance The Developer shall insure against all damages or claims for damage in an Insurance Company satisfactory to the Chief Administrative Officer (CAO). Such policy or policies shall be issued in the joint names of the Developer, the 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 $2,000,000 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 fÌ'om responsibility for other or larger claims, if any, for which he may be held responsible. Legal Notice to Developer Any notice required to be given hereunder may be given by registered mail addressed to the Developer at his principal place of business and shall be effective as of the date of the deposit hereofin the Post Office. Registration The Developer consents to the registration of this Agreement upon the title to the Land both before and after registration of the Plan at the sole discretion of the Municipality and at the expense of the Developer. 8.8 Assignment or Transfer of Mortgage 8.9 · . 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. Reqnirements 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 fÌ'om 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 ofthis 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 by the Municipality for Stage 1 servicing for that phase of the Subdivision. (b) 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 or the date of issuance of the building permit. (c) 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. · · · . 8.10 18 (d) 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. (e) The signs denoting "Unassumed Roads" have been installed at the entrances to the Subdivision. (f) (g) All dead trees within the limit of the Plan have been removed. All street identification signs required by this Agreement have been installed and are in place; (h) Payment to the Municipality in the amount 0£$2,500.00 as a Works DamagelLot Grading Compliance Deposit (herein "DamagelLot Grading Deposit'') per Lot or Block in the Plan of which the sum of$100.00 is non-refundable. The balance of the DamagelLot Grading Deposit shall be refundable in whole or in part after the building has been constructed, 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 ITom 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 Works Superintendent. (i) 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 Works Superintendent, 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 oflabour and material. This shall be a charge against the Lot or Block for which repairs were carried out and shall be payable forthwith. G) Payment to the Municipality 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, or The Water and Sewer Contribution to Capital Policy. (k) A Certified Building Lot Site Plan has been filed with the Chief Building Official of the Municipality pursuant to Section 6.4 (b). (I) 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. 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 ofInspection 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 fi'om the entrance of the Subdivision to and including the lot or block of which the building is a part, has received the base course asphalt. (c) The electrical distribution plant including street lights have been installed and approved by the Utility. (d) The traffic and street signs have been installed and approved by the Municipality's Engineer. · 8.11 · 8.12 · 8.13 19 (e) Subject to Section 6.4 (c), the final grading of the Lot or Block is in confonnity with the overall grading plan or such variances thererrom as have been approved by the Municipality's Chief Building Official pursuant to Section 6.4 (c). (f) The telephone lines, cable T.V. and gas mains have been installed and approved by the Municipality's Engineer. (g) The Developer agrees that the preceding requirements in this Section are in addition to and not in substitution of the requirements of the Ontario Building Code Act as amended and regulations thereunder with respect to certificates for occupancy. Special Building Permits I Model Homes Pursuant to Section 8.9 building pennits are not obtainable until certain services are installed and approved by the Municipality's Engineer. The Municipality agrees that if the Developer or Owner wishes to obtain a building pennit prior to the installation of services, as set out in Section 8.9, a pennit may be issued provided the Developer or Owner has executed a No-Occupancy Agreement (Schedule "r') and the Municipality may require a deposit or Letter of Credit as a guarantee of no-occupancy. In the event that the Developer or Owner fails to meet all the requirements set out in Section 8.9 or 8.10 for any building pennitthat is issued pursuant to the Developer's delivery ofa No- Occupancy Agreement, the Developer hereby acknowledges that the deposit shall be immediately forfeited to the Municipality. Such failure to meet the 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 or 8.10 for any model home that was built pursuant to this Section 8.11. Rigbt 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 eacb and every tenn, 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 perfonn all the provisions of this Agreement and that the Municipality is of the opinion that the Plan would not be in the public interest ifthe Developer, its successors and assigns, the owner or owners rrom time to time of the land within the Plan were not obligated to observe and perfonn all the provisions hereof except to the extent the Municipality may lawfully change them. Successors and AssigDs 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 fi'om time to time. 8.14 Notification to Purcbaser . 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 ofthe provisions of this Agreement which shall continue in force after the completion of the sale. Further, the Developer shall furnish a list of those services included in the purchase, specifYing those installed and those to be installed at no additional cost. · · · . 8.15 8.16 20 Scheduling, Progress and Completion The Developer shall commence construction of services within eighteen (I 8) months of the signing of this Agreement or the registration ofthe Plan whichever is earlier. Within eighteen (I 8) months of the date of commencement of the servicing of any phase, the Developer shall complete the installation of the Stage I services. In any phase, the top coat of asphalt shall be completed within twenty-four (24) months of preliminary acceptance of Stage I of the services; unless written consent altering this condition is received uom the Municipàl 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. 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 the 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 8.18 8.19 The Developer shall not assign this Agreement without the prior written consent of the Municipality, which consent may be unreasonably withheld. ConOict 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. 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, convenant or provision shall conclusively deemed to be severable uom all other terms, covenants and provisions of this Agreement and the remainder of this Agreement shall be and remain in full force and effect. 8.20 Amendment Without in any way limiting the rights of the Municipality, the Developer agrees that the Municipality may, with the consent of the then registered owner of any land within the Plan, amend this Agreement insofar as it specifically affects such land or any part thereof. · · · . 8.21 8.22 2] 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. Joint and Several All terms, covenants, provisions and obligations of the Developer in this Agreement shall be joint and several. SECTION 9 - FINANCIAL PROVISIONS 9.1 Development Charges, Drainage and Local Improvement Charges 9.2 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. 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 said 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 the said all 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 &om a chartered bank, issued in form and content satisfactory to the Municipality's Solicitor, in the amount of One Hundred Percent (I 00%) 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. 22 . (e) All Letters of Credit shall be for a minimum guaranteed period of one (I) year or such longer time as the Municipality may decide. All Letters of Credit referred to in this Section 9.2 shall contain the following clause: "It is a condition of the Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year from the present or any future expiration date thereof, unless at least thirty (30) days prior to the present or any future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period. " (f) Unless each and every Letter of Credit is renewed as noted above, the Municipality shall have the absolute right to refuse to issue building permits and to prohibit occupancy of homes, whether partially or fully completed, &om the said date thirty (30) days prior to the expiration of that Letter of Credit. . 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 "r' attached hereto. (b) The application shall include written confirmation &om 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 CAO 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) Subject to any outstanding deficienCies or contingencies, the Municipality throughout the maintenance period shall hold as security the greater of ten percent (10%) of the estimate of the cost of the Works as set out in Schedule "E" or twenty thousand dollars ($20,000.00). 9.4 Statutory Declaration of Aceounts 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. . . . . . 23 9.5 The Construction Lien Act, R.S.O. 1990 c. C.30 The Developer agrees that it wíll hold back in its payments to any Contractor who may construct the services, such sums as are provided in accordance with the Construction Lien Act, R.S.O. 1990, c. C.30, and will otherwise indemnitY 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 wíll 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 Lien 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 Upon completion of all the requirements of this Agreement, the Municipality will execute a partial release of this Agreement, which partial release shall be in the form attached hereto as Schedule "K". The completion and registration of such partial release shall constitute a full and final release of the obligations of the Developer, with .the exception of lot grading requirements included in Section 6 of this Agreement, as established hereunder with respect to the lot named therein. Notwithstanding the foregoing, the CAO 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 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. '" 24 SECTION 11- SIGNATURES · THIS AGREEMENT shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WIlNESS WHEREOF the parties h~to have execpted this Agreement. SIGNED, SEALED AND DELIVERED this /S day of ~. A.D. 2006 · ¡~~mc ( Title: ( IfW e have authority to bind the Corporation ( (THE CORPORATION of THE MUNICIPALITY OF ( KINCARDINE ;J...:..L./~ ~ /:~.,,~ ( Q /J ' \. - _. -':..,1_ -~~ "::- ( .ß.l- -- {t. l....;;.::------·--~~-¿;--=::.. , ...... ",- ~~ ~ - (M~œ ~~: ~~~ <-ç- \.? ~~1 <~ ~~::~ ( ) a\..-.. è "-" ~ <¥I-... .r- :,~ ~ ( Chief Administrative Officer ~ ~ --._ .-,- .:;;;}~ ( We have authority to bind the Corpo~ :--:---:-:--..'~'<-~'.. Y' ~." '1",,;-' " q-;---",": \..;,,' ~.¿J./jJ~""" · Developer's Address: c/o Dale Walden, 634 Huron Terrace, Kincardine, Ontario. N2Z 2H2 Developer's Telephone: 519-396-4870 . . Developer's Facsimile: 5.19-395-3374 25 SCHEDULE "A" OF AGREEMENT . NOTE: It is understood and agreed that this Schedule fonns part of the Municipality's Agreement. DESCRIPTION OF LANDS BEING SUBDIVIDED In the Municipality of Kincardine (fonnerly Town of Kincardine), County of Bruce, Province of Ontario, being composed of Part of Lots 5 and 6, East of Park Street Town Plot ofPenetangore. . . . . . . . SCHEDULE "B" OF AGREEMENT NOTE: It is understood and agreed that this Schedule forms part of the Municipality's Agreement. PLAN OF SUBDMSION ~;¡ t.,¡: ~; b ;. ,~ ~1 ,- ~'I" ~I! .- 'I" ~,~;:! !ii.~ I ~II¡: itb!: -.-------- ),'\IIIOS!TICIN).jItI ;-_ _n._·_ ___ _ _ _ _ ¡"-; , , f,·..n. '...__.___..___. _...._....,J j , , i . C' .n_ --., n.. - _.,.n _ _ _... , , , , , ,...--- ._-- _. - - _.- ~ , ".. ".,.....-.--. ~ - -< ~ ...........---.....- ~t\N3""'~ --------.., , / 11M' J !It "m.;. . 1"1' 11!:i,i ,¡IJ' '..... '. !~ ¡: ~. lit I ! 1¡ . " ,I j ,,"!-,..I !I I ~ I I , Î ,d. I~ ,111& ¡,J l; ~I" j e~!¡'¡ I Sl'·'~ § ~¡ r i ¡q ~ , I , , , I ,·--1---~-~-~__-_- ; , I , I I -----.-------¡ ; -'~ i j I i 1..._ .....__1____'_.____1..____1..___ .. m"""'",""", - À / >--_.-r- ¡ - -~- - ¡- _n ~---~ n. ....-,....--,--..., ¡,," i , I ,L ,.. _ _ _~~ _ ¡;-_._.LL..,.L..l..lu~Lt _L _ j ___ ~" ..11 ¡~I ~ ,~. . / i ~~fh :~ '~-"l ¡ a r : 'is" -. " ! I~" . " , rl.-'l...L..~-·--J---L'~-p"-1I" . ~ .D3WS . :I i ..-.. --r---r....-,......r· ' ~ït i ¡ ¡ ¡ i I· j ¡ ¡ ¡ ¡ !i ¡ ¡ j J I? ~: t 'I i l ! !! :I I I I I : ~ ¡ ¡ ¡ i i : ,: :: ~. Ln__nL.......l_._-J-..........i.......J-.....-L - ---- - - -- I: II II " ii (IDUS )lWd) .....""'" -- -- --------- -------- -- -"- - - -..- - - _.--- --- ~---- --..-·.-··----··-"'E·'::,·.::.J Page Break 27 SCHEDULE "C" OF AGREEMENT · NOTE: It is understood and agreed that this Schedule forms part of the Municipality's Agreement. MUNICIPAL SERVICING STANDARDS 1.0 GENERAL Service Layout Plan A copy of the General Plan shall be submitted to the Municipality identifÿing the proposed locations of Bell Cables, electrical servicing, gas mains, co-axial television cables as well as watermains, storm sewers and sanitary sewers. All locations must be established and resolved by the Developer's Engineer in conjunction with the Utility companies and following the locations shown on the Municipality's Typical Cross- Section. 2.0 PLANS AND DRAWING REQUIREMENTS · Plan and profile drawings must be prepared in a digital format, which is compatible with AutoCAD Release 14, and on velum or mylar, for all new streets within the Municipality. These digitized files and drawings, and also digitized files and drawings showing details of special structures, etc., shall be prepared by a Professional Engineer and turned over to the Municipality as a permanent record prior to the acceptance of services required to be provided by the developer. The following standards shall be adhered to in preparation of these drawings: (a) All profiles must be shown to the geodetic datum which is noted on each drawings. (b) In general, East-West streets shall have zerochainage at their Westerly limits and North-South streets shall have zero chainage at their Southerly limits. Chainages on Plan and Profile shall increase fÌ'Om left to right. (c) Drawings shall be of a consistent size- 594 mm x 841 mm. (d) Scales shall be as follows for drawings:- General Layout Plan Scale Ratio Plan-Profile Drawings Horizontal Vertical or Horizontal Vertical Ratios shall be shown on all drawings. - 1:1000 -1:250 -1:50 -1:500 -1:100 · (e) When the plan must be broken because of curvature, etc., the profile shall be broken as well, so that, insofar as possible, chainage points in plan and profile will coincide vertically. (f) The beginnings and ends of curves must be shown on the plan and profile with the radius of curvature shown on the plan. Chainages of points of curvature shall be calculated. (g) The chainage and names of intersecting streets shall be shown in plan and profile. The drawings shall show clearly the proposed profiles, road widths and cross- sections, ditches, ditch gradients, curb gradients if different from the proposed services, north sign and limits of the proposed work. The plan shall show any required off-street drainage and separate profiles shall be prepared for drainage easements. All detail for intersecting streets including grades must be shown for a distance of 50 metres fÌ'Om the intersection of the intersecting street All street lines, for drainage or services, shall be shown and all easements. . . . . . . 28 (b) The Municipality shall be named in the title block which shall be placed in the lower right comer. (i) On completion of the work, and prior to acceptance of the services, the drawings shall be completed "As Recorded" and dated before turning over to the Municipality. The Municipality shall be consulted as to the manner of showing information not set out in these requirements. The Developer's Engineer shall add his Professional Engineer's seal to all final drawings. 3.0 ROADS (URBAN) 3.1 General All roadways shall be serviced by storm sewers and concrete curb and gutter. Road allowances shall be a minimum of20 metres wide. The edge of the roadway paved surface shall have a minimum radius of9 metres at intersection. Access roads not owned by the Municipality, leading to the area of the development, shall be maintained to a standard equal to the standards for roadways within the development. On all streets, horizontal and vertical sight distances and vertical curves shall meet Ministry of Transportation (M.T.O.) requirements. Street allowances on cul-de-sacs are to have a minimum radius of20 metres. Edge of pavement radius on cul-de-sacs are to be a minimum of 13 metres. Minimum road asphalt width shall be 8.5 metres. The finished roadways shall have a crossfall of2% ITom the centerline to each curb line, and the boulevards shall have a finished crossfall of a minimum of2% and a maximum of 8% ftom the top of curb to back of boulevard, draining towards the curb. 3.2 Clearing and Grubbing Trees shall be removed so that the specifications for sight distances, grading, ditching, etc., may be met. All stumps, logs, brush, boulders, debris, etc. shall be removed ITom the entire street allowance. Unless noted otherwise, all healthy trees not obstructing visibility or installation of services shall be preserved. The Municipal Engineer may give special permission to leave trees on the street allowance, providing that they are situated more than 1.5 metres behind the curb. 3.3 Grading A 2 metre boulevard area behind the curbs shall be graded at a minimum of2% towards the curbs. The area ftom the edge of the road boulevard to the street line shall be graded with a side slope not exceeding a slope 00 metres horizontal to I metre vertical to meet the original ground. All side sloped ditches and boulevards to the street line shall be protected with nursery sod over a minimum depth of 100 mm of topsoil. 3.4 Road Construction All road construction shall conform to applicable standards ofthe Ontario Provincial Standard Specifications (OPSS) and the Ontario Provincial Standard Drawings (OPSD). The granular roadbase shall consist of a bottom course 0000 mm minimum depth consolidated Granular "B" full width across the roadway and a top course of 150 mm of Granular "A" full width between concrete curbs. The granular materials shall be spread in layers of 150 mm maximum compacted depths, and each layer shall be thoroughly compacted. No granular base of surface material shall be placed until the grade on which it is to be laid has been inspected and approved by the Municipal Engineer. During and between construction seasons, the granular base shall be maintained suitable for vehicle and pedestrian traffic, including dust control by calcium chloride and renewed if required to the satisfaction of the Municipal Engineer. Road subdrains shall be provided in accordance with OPSS 405.05. The subdrain shall include filter wrap (non-woven type) Class I and F.O.S. OfI30-100. 29 3.5 Roadway Surface Asphalt · As soon as the granular base has been completed, it shall be thoroughly compacted and shaped and the base course of asphalt placed. The base course shall consist of 50 mm minimum thickness ofHL-4 Base Course Asphalt The surface coat of asphalt may be placed upon the approval of the Municipal Engineer which shall not be given for at least one year from the date of placement of the base course of asphalt or until 50 percent of the houses have been constructed. The surface course asphalt shall consist of 40 mm minimum thickness ofHL-3 Surface Course Asphalt. Asphalt work shall conform in all respects to OPSS 310. 3.6 Curbs 3.7 · 3.8 · . Concrete curb and gutter, of cross-section approved by the Municipal Engineer, shall be provided along all edges of paved roadway surface. Terminations at the limits of the subdivision shall be either joined to existing concrete curbs or rounded to reduce hazard to traffic. Construction shall conform to OPSS 353. Accessibility As part of construction of any concrete curb and gutter, sidewalks or other surface structures, the Developer will be responsible for construction in accordance with the Municipality's current accessibility standards to provide full access where possible, to all individuals in the community. Driveway Aprons The Developer will provide at each driveway, or will cause to be provided by subsequent Owners, a driveway apron from the back of the curb to the face of the sidewalk or where there is no sidewalk, to the limit of the property line. This driveway apron should be hard surfaced with either 50 rom of asphalt pavement or a minimum of 100 mm of concrete pavement over the granular base, consisting of a minimum of 100 mm of granular "A" and 200 mm of granular "B". Alternatives to these surfaces may be considered subject to the approval of the Municipality. 3.9 Turning Circles Where construction is phased, the Municipality may require the installation of temporary turning circles. These turning circles will be constructed in accordance with the requirements for cul-de-sacs in Section 3.1 of this Schedule. Elsewhere in the Agreement are provisions for conveyance of blocks for the construction of said circles. 4.0 STORM DRAINAGE/STORMWATER MANAGEMENT 4.1 Approval of Design and Plans Storm sewers shall be provided to serve the whole of the subdivision. Drawings shall consist of an overall plan, a plan and profile of each storm sewer, drawn to the same scale as the roads, pipe bedding, manholes, and other appurtenances. Design of the proposed works must be submitted to the Municipal Engineer and applicable government agencies for approval. Plans of the entire system shall be submitted to the Ministry of the Environment for approval. Approval for construction will not be given until the Certificate of Approval for the sewers has been received from the Ministry of the Environment and all other applicable government agency approvals has been received. 30 4.2 Stormwater Management Report . A Stormwater Management Report setting out the existing and proposed drainage pattern together with a Lot Grading Plan and an Erosion and Sediment Control Plan shall be submitted to and approved by the Municipal Engineer, the local Conservation Authority and the Ministry of the Environment. The stormwater management requirements within the Municipality shall be those of the local Conservation Authority or as listed below. The general requirements are as follows: · Quality and quantity control- as dictated by the local Conservation Authority and MOE requirements in accordance with the MOE "Stormwater Management Practices Planning and Design Manual" or the most recent version thereof. Quantity control shall restrict post-development runoff flows to pre-development flows between the 5 and 100 year events. · The design storm for the minor systems shall be the 5 year storm for local storm sewers and the 10 year storm for trunk facilities. . · Sediment and erosion control measures associated with the stormwater management requirements shall be identified on the drawings for works to be included during the construction and for permanent measures. 4.3 Connection to Municipal System The storm sewers shall be connected to the Municipal storm sewer system or discharged to a natural watercourse as approved by the Municipality and the Ministry of the Environment. 4.4 Design Criteria . The stormwater management system shall be designed by using MIDUSS version 4.72.1 or an alternate approved hydrologic model. The Developer's Engineer shall consult the Conservation Authority as to the appropriate storm distribution and duration to be used. The Developer's Engineer shall advise the Municipal engineer in writing as to the Authority's requirements. The minor system (storm sewer) shall be designed to convey the 5 year design storm, while the major system shall be designed to convey the 100 year design storm. Post-development runoff flows shall be controlled to pre-development levels for rainfall events with return periods between 5 and 100 years. The design of the stormwater management system shall be in accordance with the newest version of the "Stormwater Management Practices, Planning and Design Manual", as prepared by the Ministry of the Environment. 4.5 Location The storm sewer shall be located within the street, with lateral connections to catch basins located along the gutter lines. 4.6 Sewer Pipe Material Sewer pipe material shall be Concrete Pipe, or approved altemate, complete with rubber gasket connections Class C I 4 ES or reinforced concrete pipe of the class required for the depth of cover. The minimum size, including catch basin leads, shall be 300 mm. The Municipality may require a larger storm sewer size on parts ofthe subdivision than required for the subdivision alone. . 31 4.7 Storm Sewer Construction . Storm sewer construction and pipe bedding shall conform to the requirements of the Ontario Provincial Standard Specifications for sewer construction. Pipes shall be bedded in approved granular materials. Catch basin leads shall be connected to the main sewer with a manhole except where the main sewer size exceeds 450 mm diameter, in which case the lead can be connected directly to the main sewer using a factory manufactured "Tee". 4.8 Manholes and Catch Basins Concrete manholes shall be provided at all changes in direction of the sewer and at all street intersections, but no further apart than 120 m. Manholes shall be 1200 mm diameter or larger, conforming to OPSD Series 700. Benching shall be provided in all manholes. Catch basin manholes shall contain a sump or minimum depth 0000 mm below lowest invert on sewers up to and including 450 mm diameter. . Frames and covers shall be OPSD 401.01 Type A, or approved equal, set on not less than three (3) layers nor more than six (6) layers of brick which shall be parged on the outside face. Catch basins shall be provided on both sides of the street at all low areas but no further apart than 90 m. Catch basins for depth up to 2 m fi'om ground level to invert shall be 600 mm square concrete conforming to OPSD 705.01. For greater depths, catch basins- manholes shall be used conforming to OPSD 701.03. 4.9 Private Drain Connections Private drain connections to the storm sewers shall be provided for each residential unit. A 100 mm diameter connection suitable for receiving pumped sump flow fÌ'Om footing drains will be placed at a depth of 1.4 metres fÌ'Om the property line on each lot. 5.0 SANITARY SEWERS 5.1 Approval of Plans . Plans of the entire system shall be submitted to the Ministry of the Environment and the Municipal Engineer for approval. This submission shall consist of an overall plan, a plan and profile of each main sewer drawn to the same scale as the roads, together with typical details of house service connections, pipe bedding, manhole covers, all special bends and connections and other appurtenances. Approval for construction will not be given until the Certificate of Approval for both sewers and sewage treatment facilities has been received fi'om the Ministry of the Environment. 5.2 Location The main sewers shall be located along the centre ofthe street allowance. House connections shall terminate at the property line at the centre of each lot. 5.3 Material Main sewers shall be P.V.C. or approved alternate. House connections shall be P.V.C. or approved alternate. All joints shall be of the rubber gasket type as approved by the Municipal Engineer. Approved caps shall be provided for service lateral terminations. . 5.4 Size . The minimum size for main sewers shall be 200 mm diameter. House connections shall be a minimum of 125 mm in diameter. For multiple dwelling, industrial or commercial buildings, the service connections shall be sized to accommodate the flow. 32 5.5 Sanitary Sewer Construction . Sewer construction and pipe bedding shall conform to the requirements ofOPSS 410 for sewer construction. A minimum 2.0 metre depth of cover shall be provided over all sanitary sewers and service laterals. 5.6 House Connections Plan locations and invert elevations, for all house connections at the street line, shall be shown on the drawings. Minimum fall on house connections shall be 2%; maximum 8%. Where the depth of sewer is excessive, a riser may be used over the main sewers. Shop manufactured ''Tee'' connections shall be used for house connections to the main sewer. A cap of approved manufacture shall be installed on each service lateral termination at the street line and made watertight. The ends of all services shall be marked by a 50 mm x 100 rom wood post extending ITom the service to 300 mm above the surface of the ground and the top section painted fluorescent green. Connections to manholes shall enter the manhole no higher than 0.5 m above the lowest invert, except as otherwise approved by the Municipal Engineer. 5.7 Manholes . Concrete manholes shall be provided at all changes in direction of the sewer and at all street intersections, but no further apart than 120 m. Manholes shall be 1200 mm dia. Conforming to OPSD 701.0 I O. Benching shall be provided in all manholes. 5.8 Testing and Flushing of Sewers The complete sewer system, including house connections, shall be tested and flushed in accordance with OPS S 410, including the requirement for camera inspections. The Developer shall arrange the tests for sections of sewer between manholes and shall inform the Municipal Engineer when a section is on test and ready for inspection. Any sections of sewer which fail to meet the requirements of this section shall be repaired and retested. 5.9 Completion and Acceptance The complete sewage collection system installation must be approved by the Municipal Engineer prior to the issuance of building permits for the subdivision. 6.0 W ATERMAINS . 6.1 Approval of Plans Plans of the entire system shall be submitted to the Ministry of the Environment and the Municipal Engineer for approval. This submission shall consist of an overall plan, a plan and profile of each watennain drawn to the same scale as the roads, together with typical details of house service connections, pipe bedding and other appurtenances. Approval for construction will not be given until the Certificate of Approval for the watermain system has been received ITom the Ministry of the Environment. 6.2 Locations Watermain: The watermain shall typically be installed within the boulevard of the street, in accordance with the Municipality's Typical Cross-Section. Service Lines: In general, house services shall not be installed in driveways. Where the driveway location is unknown at the time ofwatermain construction, service connections shall tenninate at the property line at the centre of each lot. . Main Valves: To be located at the extension of property line, where the valve is being installed at intersections. 33 . Curb Stops: To be provided for each service connection and to be located at the lot line. 6.3 Connection to the Municipal System In general, the watermains shall be looped to existing municipal systems. 6.4 Material and Size Watermain: Gate Valves and Boxes: . Fittings: Hydrants: . Services: . Watermain material shall be Polyvinyl Chloride PVC-C-900 Class 150 (DR-18). Pipe joints shall be bell and spigot with rubber gaskets. Valves shall be resilient seated gate valves. Main line valves to be MJ type with standard operating nut. Hydrant valves to be MJ to MJ gate valve with standard operating nut. All valves to be supplied with ·0" ring packing for water use and open counter-clockwise. Valve boxes shall be Canada Valve screw type with No.6 base. Tapping valves and sleeves must meet with approval of the Operating Authority. Resilient-seated gate valves shall be in accordance with A WW A C509 All fittings shall be ductile iron cement mortar lined mechanical joint (MJ) type with adaptors to suit other materials, where necessary. All fittings must be suitably thrust blocked using concrete thrust blocking as per OPSD 1103.010 or 1103.020. A polyethylene barrier shall be used to prevent a bond between the fitting and the concrete. Ductile iron fittings shall be in accordance with A WW A CliO and the rubber-gasket joints for ductile iron fittings shall be in accordance with AWWA CII 1, pressure rating J035kPa. Fire hydrants shall be the Mueller Canada Valve New Century type or approved McAvity equivalent. Hydrant specifications as follows: · 2-64 rom hose connections · B pumper connection · Hydrants shall open counter-clockwise · Colour shall be RED · Operating nut shall be standard · Hydrant length shall be such that the bottom of the upper barrel shall be 100 rom above finished grade · Bury depth 1.7 m. Dry-barrel fire hydrants shall be in accordance with A WW A C502. Min. 19 mm, Max. 50 mm · Corporation stops - Mueller, C.C. thread inlet! compression joint outlet. · Curb Stop - Mueller, compression joint inlet! compression joint outlet or approved equivalent. · Pipe - to be 19 rom Type "K" copper tubing. · Service Boxes - Model No. D-l by Concord-Clow or Mueller equivalent. Service box and stem (1.4 m to 1.7 m) with 25 rom dia. steel upper section. Box lids shall be regular ribbed with brass pentagon plus clw standard stationary rod. · Service saddles - Model No. 2616 by Robar Industries Inc., stainless steel, double bolted, broad band. .."'"" I . . . . 34 Underground service line valves and fittings shall be in accordance with A WW A C800. Model numbers shall be stamped on all valves and materials. Anodes: 5.5 kg; zinc casting with a galvanized steel core, packaged in a cardboard or cloth bag of minimum diameter of 100 mm. Gypsumlbentonite backfill material (electrical resistivity <50 ohm cm wet). Insulated copper wire brazed to core wire. Tracer Wire: All PVC watermain to be provided with a No. 10/7 strand copper cable having TWH insulation. 6.5 Watermain Construction All watermain and appurtenances to be installed, bedded and backfilled in accordance with current Ontario Provincial Standard Specifications and to the satisfaction of the Municipality. Minimum 1.7 metre depth of cover over all mains and services. Main valves and hydrant sets shall, generally, be located at a maximum spacing of200 metres and 120 metres, respectively. At main intersections, a main valve shall be provided at each direction fi'om the intersection, less one. Zinc anodes to be supplied and installed on services. 6.6 Flushing, Testing and Disinfection All watermain shall be tested, flushed, swabbed and disinfected. Such procedures shall be in accordance with OPSS 70 I for pressure testing and A WW A C651-99 for disinfection and connection to the waterworks system. The Developer shall inform the Municipal Engineer when the watennain is to be tested and disinfected. Bacteriological testing will be completed by the municipal operating authority. The Developer will be billed for any testing or retesting required. Any failure of the testing and disinfecting shall require the Developer to reflush, retest and/or redisinfect the watermain until the watermain has met the requirements of the Ontario Provincial Standard Specifications and the MOE, to the satisfaction of the Municipality. 6.7 Completion and Acceptance The complete water distribution system installation must be approved by the Municipality prior to the issuance of building permits for the subdivision. 7.0 SIDEWALKS A 1.5 metre sidewalk shall be constructed on one side of each street within the development. Sidewalks shall have a minimum depth of 125 mm and shall be bedded in granular in accordance with the current OPS standard details. 35 8.0 UTILITIES AND STREET LIGHTING . 8.1 Telephone. Telephone service shall be underground and shall be installed by B.M.T.S. or Hurontel. The Developer must bear the cost of any surcharges for underground installation made by the Utility and must grant the Utility any easements for their services. 8.2 Electrical Underground electrical installation shall be completed to the satisfaction of the local power supplier based on their most current specification. 8.3 Cable T.V. Developers shall arrange to have Cable T.V. installation completed by the local supplier. 8.4 Street Lighting . The minimum standard for street lighting shall be 100 watt High Pressure Sodium Lamps set on 9 metre poles, or as directed by the Municipality. Each light must be controlled by a dusk to dawn photo-electric cell. Power feed shall be completely underground. The lights shall generally be placed to the outside of curved roads. The maximum allowable spacing along the street between the lights shall be 50 metres but may be increased, at the Municipality's direction, to a maximum of75 metres (in special instances). The poles must be installed at the location as shown on the Municipality's Typical Cross-Section. Particular care shall be taken to adequately illuminate the intersections and cul-de-sacs. 9.0 9.1 LOT GRADING House Lot Grading . Generally, all lots shall be excavated or filled so that the whole of the lot area fi'om the street line to a line at least 3 metres beyond the rear of the building shall have an elevation not less than 0.5 metres or more than 2 metres higher than the finished crown of the road opposite the centre of the lot. In situations where the slope of the land justifies different requirements, the Municipal Engineer may pennit variations of the above. A plan showing proposed lot grades and house floor levels shall be submitted to the Municipal Engineer for his approval, and the Engineer retains the right to amend any of the grades proposed if the Engineer considers a particular situation so warrants. 10.0 LANDSCAPING Boulevards along each street shall be topped with a minimum of 100 mm of topsoil. Seeding shall be completed in all boulevard areas. A tree shall be planted on each lot within I year of the date of completion of the Stage 2 services. Trees shall be 60-70 rom diameter measured 500 mm above the ground. All trees shall be No. I nursery stock. The type of trees shall be approved by the Municipality. These shall be staked to Municipal specifications. Trees shall be watered at the time of planting and every two weeks thereafter and the Developer shall warrant trees for a period of one year uom the date of planting. Planting shall be limited to the spring and fall seasons. . 36 11.0 EROSION CONTROL · During construction the Developer shall ensure that surface runoff ftom the lots and blocks as well as the roadways is protected ITom erosion by the use of silt fences, straw bales and other measures designed to minimize such erosion. Temporary outlets at culverts or catch basins shall be checked to prevent silts ITom entering into storm sewers or water courses. Such erosion control measures shall be shown on the drawings for approval by the Municipal Engineer and the Conservation Authority. 12.0 WALKWAY All walkways shown on the plan of subdivision shall be constructed by the Developer. Walkways shall be constructed of a 150 mm minimum depth of Granular "A" on a properly constructed foundation and shall be paved with a concrete sidewalk to a minimum width of 1.5 metres and a minimum depth of 125 mm. A standard J.5 m high chain link fence shall be placed along both sides of the right-of- way with posts placed at each end to prevent vehicular traffic ITom using the walkway. · 13.0 PARKLAND IMPROVEMENTS The area of land deeded to the Municipality for Public purposes, other than highways, shall be carefully graded, care being taken to preserve any trees. The whole area shall be top dressed with a minimum of 100 mm of topsoil and shall be seeded with approved lawn seed mix (OPSS 572). The Municipality may ask and provide details within this agreement for additional Parkland improvements as might be warranted. 14.0 TRAFFIC AND STREET SIGNS 14.1 Proposed street names shall be subject to the approval of the Municipality 14.2 Street Name Signs and House Numbering At each intersection there shall be erected an approved double unit street name sign. The signs and posts will be provided by the Municipality at the Developer's expense. · 14.3 Traffic Signs Traffic signs and posts will be provided by the Municipality at the Developer's expense, following the passing of a by-law for their installation. 14.4 Guide Posts On Fills higher than 2 metres, timber guide posts or guard rails shall be installed conforming to OPSS and OPSD Standards. 15.0 PAYMENT TO SUBDIVIDERS The Municipality shall not be liable for any costs arising out of the constructionof services except under the following conditions. . a) Where a storm sewer is larger than required, the Municipality may pay the difference in cost for supplying the larger size pipe and any additional manholes required for completion of the system. · · · . 37 b) When a sanitary sewer in excess of250 mm diameter is required, for lands outside the subdivision, the Municipality may pay the difference in cost for the supply of the larger size pipe. c) When a watermain in excess of200 mm diameter is required, for lands outside the subdivision, the Municipality may pay the difference in cost for the supply of the larger size pipe and fittings. 16.0 TYPICAL ROAD CROSS SECTION A typical urban road cross section is attached. - . . . ~. 1òJI--.... ~. WI\! g:J i=e ~.~ n ~;'lIi_... -F _ :~- £,. 38 il ON," . ~ L~D i;< ~¡ Q w lRoI:I ~ ~i > ,¡¡ is:'! u: ~ ! !I'8 '" in .. ¡if t ~ in .. n '" o. ~ "..~ g~ ----,- ;r ----- '1 ~. 0 .$! f ".. :: 0'" -::¡ ~¡:: ~ Ii ~w ~~ Q ~ .. .. ~i 0 "::I .. :!w ".. "I . i~ 8 $ ~~ ..,......-- pi ~ W 1ìI~ '" ~. is I ; I ¡ I r I I t~1 !I ,~~! I hili f¡¡ít ~Hi 1If! !IU f!1 ~i~ I. In II ~ ~..~~. .~~ o g 5 $ ,*-- --'---' - ~ . :¡ .. - Dot· .~. ~.~ =11 I _...JJ -T z f! -I ¡q If ~.~.> .. " ¡ ~ on .~ ~ Ñ ~~ ¿ I ~ I I , Ii II 15.11 ¡ ill Iii II :Ii till ~ JI @ 39 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 I. Roads complete with asphalt paving and curb and gutter 181 2. Storm Water Management Plan, storm sewer system, and private drain connections. 181 3. Sanitary sewers and building connections to the lot line 181 4. Water distribution system, fire protection and building connections to the lot line 181 . 5. Grading and requirements of a site grading plan 181 6. Underground electrical distribution system and an electrical service 181 7. Street lighting 181 8. Utility obligations - telephone, cable t.v., gas service 181 9. Sidewalks 181 10. Topsoil and sod on boulevard fÌ'Om property line to curb 181 II. Pedestrian walkways. 0 12. Vegetation retention plan. 0 13. Lot house number signs. 181 . 14. Street name signs. 181 15. Traffic signs, as required. 181 16. Fencing, 1.8 m beside adjacent lands. 181 Note: Works Required Denoted by 181 . 40 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 COST I) Mobilization, bonding, etc. $ 12,000 2) Road Works 59,500 3) Sanitary Sewers and Appurtenances 106,500 4) Watermain and Appurtenances 57,200 5) Storm Sewers 67,100 6) Electrical 89.500 Subtotal 391,800 . 7) Engineering Allowance 19 .400 Total w/o G.S.T. 411 ,200 G.S.T. (rounded) 28.800 Total Security $ 440,000 . . 41 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 Lot 5 . . . . . . . 42 SCHEDULE "G" OF THE AGREEMENT NOTE: It is understood and agreed that this Schedule forms part of the Municipality's Agreement. OWNER'S FINAL GRADING CERTIFICATE The undersigned hereby certifies to the Corporation of the Municipality of Kincardine (the "Municipality") that the foundations of the buildings and structures and any openings in any such foundation waIls constructed on the foIlowing property: STREET NO. STREET MUNICIPALITY LOTIBLOCK 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: I. 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 comers including the fi'ont lot comers 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 fi'ont, 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 filII 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 ,200_. Signature of OLS/Professional Engineer NOTE: Copies of this Owner's Final Grading Certificate are available at the Municipality's Building Department. . . . . 43 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 - Blocks II and 12 - for road widening. - Blocks 13,14,15, and 16 - 0.3 m road reserves. (Block 16 is a 0.3 m road reserve along the easterly side of Lot 5) LIST OF EASEMENTS TO BE GRANTED TO THE MUNICIPALITY - A 2.0 m utility easement adjacent to the cul-de-sac. . . . . 44 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 lHIS AGREEMENT WITNESSETII that in consideration of other good and valuable consideration and the sum of One ($1.00) Dollar oflawful money of Canada, the Parties hereto mutually covenant and agree as follows: I. 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 &om 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 TillS 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 ,200 _. ( ( ( ( DEVELOPER (NAME OF DEVELOPER) ( ( THE CORPORATION OF THE ( MUNICIPALITY OF KINCARDINE ( ( ( Mayor ( ( ( CAO ( We have authority to bind the Corporation. 45 SCHEDULE".P' 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, Municipality of Kincardine 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 ,200_. . Signature of Developer's Engineer Name of Developer's Engineer . . . . . 46 SCHEDULE "K"OFAGREEMENT 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 Kincardine 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 Kincardine 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 Municipality of Kincardine ( ), County of Bruce and being composed of Lot _ Registered Plan -' the Municipality of Kincardine has, by Bylaw , registered in the said registry office as Instrument No. , provided that this Partial Release shall be executed by the CAO and sealed with its seal. DATED this day of ,20_ . . . . 47 SCHEDULE "L" OF AGREEMENT NOTE: It is understood and agreed that this Schedule fonns part of the Municipality's Agreement. CONDITIONS OF DRAFT APPROVAL The Conditions of Draft Approval for File No. 41T-92001 for the Corporation of the County of Bruce as attached hereto. Owner: FileNo: Municipality: Subject Lands: Kelden Developments (Dale WaJdan) 41T ·92001 Municipality pf Kincardine Part of Lots ~and 6, Easto( Park Sireèt, Townploi of Penetangore, fomw Town of Kincardine FebrUary 19, 1993 July 21,2005 Date of Draft Approval: Date of Revised Conditio.ns: The Council of the Corporation of the County of Bruce hereby issues reviSed Condittonsof Draft Approval to Subdivision Fite No. 41T-92Ø01, which pertåins to Part of Lots 5 and 6, East of Park Sireet, Townplot of Penetangere in the former Town of Kincardine. The following conditions have been established by the County of Bruce and must be met prior to the granting of final approval: No. Condition Descriotion 1. That this approval appfies to Plan of Subdivision File 41T·92oo1 for Keldén Devëlopments Inc. (Dale Walden) in the Municipelity of Kincardine. formër Town of Kincardine prepared by Pryde Schropp McComb Inc. (Project No. 30358 Revision #4) and dated July 20, 2005 showing the foUowing; Lot 1 Lots 2 to 4 inclusive Lots 5 to 10 inclusive Blocks 11 and 12 Blocks 13, 14 & 15 - single family Jaw density residllntial (1101): . row dwelling (3 lols): - single famDy iow density rB$identiaJ (6 lots): . municJpal road wid\!ßing; - 0.3 metre road reservas. Public Roads and Walkwevs Thai the road allowance.s shown on this P1an of Subdivision shall be dedicaled on the final pian as a public highway to lhe appropriate road aU1hority. 3. Thai the street(s) shall be named 10 the satiSf¡¡ction of the Municipalily of Kincardine. 2. 4. That any dead ends and/er open sidB$ of road aUOwances created by this Plan. of Subdivision shall be terminated in 0.3 metre reserves 10 be conveyed to and held, in trus1, by the Municipality of Kincardine unbl required for fuMe road allowances or the devetopment of adjacent I<lnd. 5. thai the Owner transfer 'Blocks 11 and 12' to Ihe Municipality of Kincardine 10 provide for widening of Russell Street, to the satisfaction of the Municipality of Kincardine. Parkland/Ooen Soace 6. Thai the Owner conveys land in the amount pf2% of the land included in the Plan fQr commercial lands and 5% of the land included in the ptan for residential purposes 10 the Municipality Qf KIncardine for park purposes pursuant 10 the provisions of Section 51 (5)(a) of Ihe Planning Acl R.S.O. 199Q c.P.13. Afternatively, the MunlcipalityQf Kincardine may accept callh-in-lieu fQr a portion of the said conveyance and under provisions of Section 51 (a) of the Planning Act. R.S.O. 1990 c.P.13 the Municipality of Kincardine is hereby authorized to do so. Subdivision Aareement 7. That the Owner enler inlo an agreement with the Municipality of Kincardine 10 satisfy all the requirements. financial and. otherwise, of the municipality concerning the provision Qf roads, inslallation Qf services, facillti~ and draineRe. . . . . 48 Owner: File NQ: Mllniçfpallty: Subjecll,ends: Date of DtIIft APproval: Date of ßevlsed Conditions: K,Eilden DeveJoprl1énts (DJlle Walden) 41T -92001 Municipality of Kincardine Part. of Lots 5 and 6. East of Park Street, Townplo1 of Penetaogore, former Town of Kincardine February 19, 1993 Ju!y21,2oo5 No. Condition 8. That the sUbdivision agreement be regIStered by the Municipality of Kincardine againstlhe lend 10 which it applies and a COPY QHher<!Qistered agreement beføry¡ardedlo the County of Bruce prior to final\lpproval of the subdJvision plan. 9. That prior 10 Final ,ApprQVSI, th!JSaugeen Vaney ConSèOIalion Authority provide written COnfirinatiQn lhet the Subdivision AgreE!ment between the owner and the town of 5aogeen SMr!JsaddrllSs!Js an the rllquir!Jm!Jnls Qf th!J ConslllVatlon Authority. Slaainà and Laosino 10. Thai the Owner agr!JEIS, 10 stage any 1IeveiQpm8nl of this Plan of subdivisIOn in a manner sat!$factory 10 the Mµnil:ipafity of K¡~rdÍO!J. 11. Thetthe dr2ft approval (ocPlan of SUbdMsiQn 4 H-ø2OQ1· for Keldan Developm!Jnts (Dale Wald!Jn) in the Municipality of ~~ shan lapse on July 21, 2008 unless it has b!Jen extended by the County of BruCt! with theconçorrence of th¡¡ Municipality of Kincardine. Ea....ments 12. Thet the owner agrees 10 grant SUCh easements as may be re<¡uíredfor utUüY Ordflllnage purposes to the Munici¡iallty of Kincardine or other approprlateatJlhority. 13. ThetforLots 2, 3 and 4 which arellropoSed for Sìreet row hoûseJ1ownhouse dwellings, the Owner shail mak!;l the necessary lII1'8Ogements 10 establish a miniirtum of a 1..5 l1)etre re¡lr yard mainten.anœ easement If the .dwêlfing units. bum do not providedi_t access to the ~ yard through II 98l'11g8 for 'intemal dw91fing linlt" (not"end dwelHng unir).owners. Municioal· Services 14. Th!! Owner agrees 10 make ·saûSfactory arrangements With the appropriate elec.tric provider for the provision of permanenl ortempotecy electrICal slllVices to this plan. 15. The Owner agrees 10 make .satisfaclory arrangements for the provision of p!im1anentor temporarytelecommunicalionl;,S8!Vices, gas and callieseMces lòthls plan. Official Plan and Zonina Bv-law 16. That.lhe. COUnty of Bruee be adViSed by the Municlpalilyof Kincardine thai the Plan of $Ubdivlsioo CQnforms With the ZOning By-law approVèd under the Planning Mt That the County ofBn.K;e be adVis.et:J by the MunlCipalilyofKlncardlne that the Plan of Subdivision CQnforms with the Town of Kincardine Local OffICial Planapp,oveØ under the P¡¡nnlng Act. 17. Warnina Clause - StormwiltE!t Manatternent 18. That the Owner enter inle an A¡¡teement with the MunicipalitY of Kincardine 1ha.t \hE: fotloWing Clause be registered separat!!ly againsi Ihe title to the lands wilhinthe Plan Qf Sutldiviskln as a restrlCUve covenant running With the I;Ind for Lots 24 inclusille: Page2of6 . . . . 49 OwI1M: File No: Municipality; Subject Lands; Date of Draft Approval; Date of Revised Conditions: Kelden Developm,,"ts (Dale Walden) 41T -92001 Municipality of Kincardine Part of lots 5 "nd 6; East of Park Street. Townplol of Penet"ngora, former Town of Kincardine February 19. 1993 July 21. 2005 No, Condition "Stormwater Management No owner of any lot shaU remove, aner, or Interfere with the lot grading or stormwater management features located along the rear lots line of the eforemenlfoned lands. The owner Is responslbla to melntaln and to keep In a good slate of repair any s/ormwater management features. wholly located on the said lands. The owner of the lot 1& to further hold the Municipality of Kincardine and/or any other govemmentagency harmless from any claims, suits. actions. or demands whatsoever which may arise from th.. stormwater management features Q(I the said lands. or the repair or lack of maintenance of such. . 19. That the Owner enter into an Agreement with the Municipafity of Kincardine that th.a following warning clause be included in every Purchase "nd Sale Agreement for lots 2-4 Inclusive: "Siormwater Management Purr;hesers are arMsedthef þIOvisions have been rnacfe for rear yard stormwater drainage along the reer of Lots 2-4 inclusive and the such drainage or /of grading shall not be altef'fJd except with the approval of the Municipality of Kincardill&.· Fencina 20. Th"t the OWner entet into an Agreement with the Municipality of Kincardine to erect a 1.82 metre high SOlid & permanent maintenance free fence along the full length of the northern and ea$tern boundaries of lots 2 and 3. 21. That the Owner enter into an Agreernent with the Municipality of Kincardine that the folloWing clause be registered $eparatelyagain$l Ihefrtle to the lands wilhin the Plan of Subdivision as a I'$Strictive COII,,"ant running with the land for Lots 2 and 3: "Fencing: No owner of any lot shaU alter, intaffere with or remove the fence located along the rear lots Une of the aforementioned lands. The owner is responsible to maintain end to keep in a good state of repair any fence, whether wholly or partly located Q(I the said lands. The owner of the lot is to further hold the Municipality of Kincardine and/or any other govemment agency hermless from any claims, suits, acUons, or·demends whafsoever which may arise from the constnJc/ion of any fenœ Q(I the said lands. or the repair or lack of maintanance of such.' Warnina Clause - Fencina 22, That the Owner enter into an Agreement with the Municipality of Kincardine that the following warning clause be included in every Purchase and Sale Agreement for Lots 2-4 inclusive: ·Purchasersare advised thet a parmanent fence is located along the rear lot lineS of Lots 2-4 inclusive (and any further division of these lots) and that the fencing shall not be altered or removed. Purchasers ara advised that it wiU be the duty and obligation of Ihe owner of Ihe lot 10 maintain in a good stale of repa;, that portion of the fencing that is situated along the lot 1111&. . Sauaeen Vallev ConllefVStion Authority 23. Thai prior to final approval. !he Owner shall have completed a geotèchnical investigation, (the 'Report·) prepared by a qualified geotechnical engineer, and acceptable 10 the Saugean Valley Conservation Authority, to ascertain the sub$urface condition$ at this site and prollide geotechnical recommendatioll$ conceming building locations. The Report shall Include: Paga 3 of 6 . . . . 50 OWner: FileNo: Munlclplliity: Subject ,ands: k!!ld!!n Dey¡¡topments (DaIeW!i1de.n) 41T -92QP1 Murûcipality of Kincardine. Part .of Lots 5 and 6. Eastef ParkSlreet, Townplot of Penetangore. ti)rmef' Town of Kincardine FebruslY 19..1993 July 21.2005 Date of Or<Ift Approval: Dace of Revl$8d Conditions: No. a) b) c) d) e) Condlllon A slope stabmtYassessment to determine th¡¡ sIope¡¡ngl¡¡rMuired for'lornrt¡¡rm stability at the site. The "Building Setba<* Line' sh¡¡1I be plotted on the Draft PI¡¡nof SUb(ivisiO)'1 \0 illustrate how it affects each lot. 24. The Repòrt shall address to¡¡ dumping of fill and the removal of vegetatloro on the slope and the location. of sWimming pOOls within eny setba.ckarea. The Report shall shoW how any cut and fill opentiol1$ will Im(Ulct on the development. Thatlhe SubdMsidn Agreementbetween the Owner and the Murûci(Ullity of Kincardine contain praVlsions for the completion Of the any works orreslri<:lions 10 bscompl!!ted !lr requited In acCOrdanêeWilh the recommendatiOl1$ of tha RepQrt .as noted in ebOve \0 the setlsfaction of theSaugeen Valley Conservation Authority, That prior to any grading or construction on the site and prior to Fina.1 ApptovaJ, IheOwner shall submit to lha Seug_n Valley CanselVatlon Authority for their reViaw and approval the following plans, reports orappflêátians, prepared by a qualified consu1tant to the satlsfactian of tha SaUgeen Valley Conservatian Authority: a) A detailed 'SlQrmwater Management Report' in accordance with the prevailing Ministry of t.he EnYlronmentplsnrting and desl!Jl! gUidelines and other related technical critana ss deterrnlned by th<!Se~n VallfiOY Conservation Authority. b) A detailed 'Lot Gradini;/Plan'. c) An 'Erosion and Sedimentatiol1 Control PlI!n'lndieatingtha meanswherel>y erosion will be minimiledand s8(lk11ent maintained on-slte and on abIJtling properties throughout all phases of gn;¡dlng and construction I!I1d shell inclU!le a maínlenanceplan alJd provision far timely rt!V~etation of the. sRfiO. Tha Plan shaRaIso detail the methbdsthal will reduce any negative impacts to water qll$lily. d) In addition, the Plans as noted in a). b) ~ß(lc) abOve must show how 1he existing ftøqdplains wUI be:a~lTICIdaledbyth, deIIetopmønt to the saliSfaction of theSaugøen Valley Conservetion AuIhorit.y, e) Thl!! the SubdW¡jon Af~mellt bttlWøøl1 the Qwnerand the Municìpalily of Kincardine contain provlsÎ901; fqr Ih!! c;Qmpl!1JIoI1Of· the works in aççordance with the approved plans and repor\saa no.t8Ø mal, b) and c) above to the $8tisfaCtidn aflhe Saugeen Valley Conservation AuthoritY. 25. That the Owner agrees tainstall and maintain ¡¡ temporaryconstruètion fenêa, or snow fence, or similar barrier, forLats .5-10 incIusivealrmgthe '8uíldîl1g LIne Setback Llne'as noled on the Draft Plen of Subdivisiol1. pl'ÌQf to c.onstrtJction or related lot· grading on each lot to the sat.isfaction of the Seugeen Va"ey Conservation Authority. The fente Shall remain in place until ali site works on tl¡Ei Lo!s arø COmplelEid, in order 10 þräVent the InadVertent dumpihg of fill. construction debris or slmUar mataria!s OIl the slope or setbeék srøa, . Page4 of.6 51 . Owner: FileNo: Municipality: Subject Lands: Date of Draft Approval: Date of Revised Conditions: Keiden Developments «)¡¡leWalden) 41T-92001 Municipality pf Kincardine Part of Lots 5 and 6, E¡¡stof Park Street. T ownplol of Penetangore, former Town of Kincardine February 19. 1993 July 21. 2005 No. Condmon 26. That the Owner agrees 10 notify the Saugeen Valley Conservation Authority. at least 48 hours prior to the initiation of any orrs~e development. Archaeoloaical Condition 27. That prior to any grading or construction. and finàl approval of all or any part of the Draft Plan of Subdivision, the Owner shall consull w~h Ihe Ontario Mínistry of Cullure to delermine if an 'Archaeological ASsessment' is required. If 'archaeOlogical polenlial' is delermined by the Ministry of Culture, the 0wI1er shall carry out an archaeological assessment of Ihe landS subject 10 the Draft Plan of SubdiVision and mitigate through preservation or resource removal and documentation adverse Impacts to any signifICant archaeotogical resources found. Np grading or other soil disturbances shall take plaCè on the subjecl lands prior to the approval aulhørity and the Ministry of Culture conflrmil1g thai all archaeological concerns have me! licensing and resourca conservation requirements. . Dioital Plan Submission 28. That the 0wI1er prior to Final Approval shall submit to the County of Bruce a dlgllal file pf Iha Plan to be registered in AuloCAD 14 (dwg or dxf) format referenced to NAD83UTM to 100 satisfaction pf the County of Bruce Planning Department. Land Claarina and Other Works 29. That the Owner agrees that no cønslruCtiøn or installalions of any kind (eg. clearing or servicing of iand) inllOlved with this Plan shag be undertaken prior to entering into a site alleration agreement or subdivision agreement and oblainingall necessary permits. approvals and/or certificates that need to ba issued in conjunction with the development of the subdivision, unless approved by the County of Bruce Planning Departmenl in writing. Clearance Conditions 30. That prior 10 the granting of Final Approval, the Cøunty of Bruce is to be advised by the Municipality of Kincardine the! ConditionS Nos. 2 to 8 and 10 10 22 inclusive have been carried out to their sati$fae!ion. The clearance letter from the Municipality of Kincardine shall include a brief but complete sl;llement detaiting hOw each condllipn has been $8tisfied. 31. That prior to the granting Qf Final Approval, the County of Bruce is to be advised by the Saugeen Vl!lIey Conservation Aµthority the! Conditions Nose 9 I!nd 23 to 26 inciusive have been carried out 10 their satisfaction. The clearance letter shall include a brief but cømplete stateml!t1t detailing hOw each condllion has been satisfied. . 32. That prior to the granting of Final Approval, thß County of Bruce is to be advised by the Ministry of Cullure that Cond~ion No. 27 h;;l$ been carried out to their satisfaction. Tha clearance letter Shall include a brief but complete statement detailing how each cøndition has be"n satisflBd. Page 5 of6 . - . . . 52 Notes to Draft ADoroval:S1Jbdlvlslon File No. 41T-92001 1. II islhe Owner's responsibility to fulfill the Condi\ions of Draft Approval and to ensure tha.tlhe requir\>.d ctearance letters. are forwarded by the appropriate agencies to the County of Bruce Pianning and Economic DeVelopmOlnt Departmeotquoting the OIppropriate subdivision file number. . 2. Pol\iOns of the lands covered by this Draft Approval are sUbject to tliE! Saugeen Valiey Conservation Authority's Fill and ConstrucliònRègUiations (RRO.#16919O). As such. IM'itten permission is required from the Conservation Authority prior to the beginning of any construction. fllliog, excavating or regarding withír1 the Rilgulated Area. 3, Inauguration, or extension of a water works or _ge works is subject to the approval of the Ministry of the Environmen1 under Section 52 and s&ction 53 oftheQntarlo Waltjr ResourcesAc~ R.S.O. 1990. 4. We suggos.t that you. make yourself _re of section 144 of the Land r¡[fes Act and subsection 78(10) of the .Re(Jlstty Act. Subsection 144(1) of the Land TitlesAelrequireS that a Plan of SuixilvisJOII of land thaI is loçaled ina· land titles division be registered under ·the Land Titles AeI. Exceptions to this provision are. set out in subsection 144(2), . Subsecìiòn 1S(10) of the Re{Jístty Mtrequires that a Plan of SuÞdivision of land that 1s.loçated only i!'l a reg\stly division cannot ber&¡istered under the Registry Act unleSS that title of the OWf)er of the land has been cllrtifled under the c;erl/fíCatìbn of Title Act Exceptions to this provision are set out .In Clausll.s (b) and (c)ot subsection 78(10). 5. Clearances are requited from the foflowin9 ageocièS: Municipality of Kincar(lnø . Saugeen Vall~Conservation Authority Ministry of CUI lure 1475 ConcèSsion 5 RR. #1 Southwest Archaeological Office RR#5 H!!Inovar. ON. 900 HighburyA'oIenue Kincardine, ON. N4N 368 LOndon, ON. N2Z 2X6 N5Y 1M 6. If the Owner wishes to requ8Steo extension toOraft ApprovíII, a written explanation must be submitted for the aPprQVIII of the County of Bruce.1!!Í!!L..IQ the lapsiog (at8. Please "Ole that an updeted review of the p!aø and f!1\Ii$ion to thli' ConcIition$.of Approval maybe n8êessäry if en extension is to be grante(. 1. Draft Appn;wa! may Qe reviewed by the. Cqunty of Bruce from time to time to determine whether draft apPrOVal shø...id be m!!llntai!'led or cønd~lons ameJ1(led and/or added. 8. The Ownlill' is· advised that Drelt Appro\lei is.· nota commltm<lnlby the MunJclpatity of Kincardine to water or sanftli'IY a~ciog C!lþaçity. To aecurethiacomm1\m8nt the Ownêr muatcontact the Muníc:ípalny of Kincardine directty. 9. Flnei Plana· Whan the survlilY ties been comþleted an(flMi plan prepare(, to satisfy the requirementa of the Registry Act. they.,..puld befolw1;lrded te the County of Bruce, If the pæns comply with the ler'11$ of approval, and we hlMf recetV1ld the tequirëdageoey Cl!!øranœ$. the COIinty's stamp ot approval wi\! be endorsed on the plar¡ and it will be fOlWllrded to the Registry Offic& for regiiStl'alion. The following is required for registration under theRègIStty Act: One (1) Four (4) original mylar white paper prints (to. inëludff 1 printfór OlSI File: 41T·92001 Page 6 of 6 Owner:: Kelden De'oleloþments (Walden) · · · . 53 SCHEDULE "M" OF AGREEMENT NOTE: It is understood and agreed that this Schedule forms part of the Municipality's Agreement. SPECIAL PROVISIONS (I) Parkland dedication -- the Developer will pay the sum of $500 per dwelling unit at the time of the execution of this Agreement. (2) The Developer agrees that the following clause be registered separately against the title to the lands within the Plan of Subdivision as a restrictive covenant running with the land - for Lots 2-4 inclusive: "Stormwater Management No owner of any lot shall remove, alter, or interfere with the lot grading or stormwater managementfeatures located along the rear lots line of the qforementioned lands. The owner is responsible to maintain and to keep in a good state of repair any stormwater management features, wholly located on the said lands. The owner of the lot is to jitrther hold the Municipality of Kincardine and/or any other government agency harmless from any claims, suits, actions, or demands whatsoever which may arise from the stormwater management features on the said lands, or the repoir or lack of maintenance of such. .. (3) The Developer agrees that the following warning clause be included in every Purchase and Sale Agreement for Lots 2-4 inclusive: "Stormwater Management Purchasers are advised that provisions have been made for rear yard stormwater drainage along the rear of Lots 2-4 inclusive and that such drainage or lot grading shall rwt be altered except with the approval of the Municipality of Kincardine. .. (4) The Developer agrees to erect a 1.8 metre high solid and permanent maintenance tree fence or design to be approved by the Municipality along the full length of the northern and eastern boundaries of Lots 2 and 3. (5) The Developer agrees that the following clause be registered separately against the title to the lands within the Plan of Subdivision as a restrictive covenant running with the land for Lots 2 and 3: "Fencing No owner of any lot shall alter, interfere with or remove the fence located along the rear lots line of the aforementioned lands. The owner is responsible to maintain and to keep in good state of repair any fence, whether wholly or partly located on the said lands. The owner of the lot is to jitrther hold the Municipality of Kincardine and/or any other government agency harmless from any claims, suits, actions, or demands whatsoever which may arise from the construction of any fence on the said lands, or the repair or lack of maintenance of such. .. (6) The Developer agrees that the following warning clause be included in every Purchase and Sale Agreement for Lots 2 & 3 inclusive: "Purchasers are advised that a permanentfence is located along the rear lot lines of Lots 2 and 3 inclusive (and anyjitrther division of these lots) and that the fencing shallrwt be altered or removed. Purchasers are advised that it will be the duty and obligation of the owner of the lot to maintain in a good state of repair that portion of the fencing that is situated along the lot line. .. · · · . 54 (7) The Developer agrees to complete a geotechnical investigation acceptable to the Saugeen Valley Conservation Authority to assess slope stability; create a "building setback line"; address the dumping of fill, removal of vegetation, and the location of swimming pools; and report on the impact of cut and fill operations. The Developer agrees to complete any works, or impose any restrictions in accordance with the recommendations of the approved report to satisfaction of the S.V.C.A. No Buildings or structures, including decks and swimming pools, shall be permitted west of the Building Setback Line on Lots 5 to 10 as shown on the approved Lot Grading Plan. No filling, excavating, grade changes or vegetation removal shall be permitted in this area without prior approval úom the Saugeen Valley Conservation Authority. Only minor grading associated with lawns shall be permitted to the top of the slope. (8) The Developer agrees to complete any works required by its "Stormwater Management Report", "Lot Grading Plan" and "Erosion and Sedimentation Control Plan" in accordance with approved plans by the S.V.C.A. (9) The Developer agrees to install and maintain a temporary construction fence, or snow fence, or similar barrier, for Lots 5-10 inclusive along the "Building Setback Line" as noted on the Draft Plan of Subdivision, prior to construction or related lot grading on each lot to the satisfaction of the S.V.CA. The fence shall remain in place until all site works on the Lots are completed, in order to prevent the inadvertent dumping of fill, construction debris or similar materials on the slope or setback area. (I 0) The Developer agrees to notifY the S.V.C.A., at least 48 hours prior to the initiation of anyon-site development. (11) The Developer proposes to provide sanitary servicing to the site &om the northern end of McGaw Crescent across adjacent lands. Prior to the signing of the Agreement, the Developer shall provide an easement or dedication of lands for the installation and maintenance of the proposed sewer across these lands. (12) Servicing Prior to Registration (a) Notwithstanding clause 2.3(a) of the Agreement, the Developer may, subject to written authorization &om the Municipality, at his own risk, start construction prior to registration of the plan provided the Municipality has been satisfied that: (i) Securities for the work have been received; (ii) Liability insurance has been received; (iii) Municipal, Ministry of Environment and Saugeen Valley Conservation Authority approvals of the design drawings have been received; and (iv) The draft ofthe registered plan has been approved by the Municipality. (b) If the Developer receives authority to proceed under Section 2(a) above, it 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 the registration of a plan of subdivision other than that approved in clause 12(a)(iii) or as a result of the installation of services prior to the registration ofthe subdivision plan. (13) Capital contributions to water and sewage - The owner shall pay the sum 0£$1 ,800 as a capital contribution towards water treatment and distribution and $1500 in capital contributions to the sanitary sewage treatment and collection and the appropriate contribution towards reserves. This amount is payable per equivalent residential unit payable at the time of application for the building permit. · · · . 55 (14) For reference purposes, a list of reviewed servicing drawings is provided below: Sheet Description Revision Revision No. No. Date SP1 Site Plan 2 2005 - 09 -28 C1 General Servicina Plan 2 2005 - 09 - 28 C2 Sanitarv Drainaae Plan 2 2005 - 09 - 28 C3 Storm Drainage Plan 3 2005-12-28 C4 Street 1 2 2005 - 09 - 28 Plan and Profile STA 1+000 to 1+285 C5 Plan and Profile 2005 - 09 - 28 Street 1 - STA 1+285 to 1+390 2 Street 2 - STA 2+000 to STA 2+075 C6 Lot Grading Plan 5 2005 -12 -07 C7 Erosion and Sedimentation Control Plan 2 2005 - 09 -28 C8 Miscellaneous Details 2 2005 - 09 - 28 C9 Miscellaneous Details and Typical Cross-Section 2 2005 - 09 - 28 E1 Electrical Servicina Lavout 1 2005 - 09 -12