HomeMy WebLinkAbout06 278 Hunter's Ridge SubDiv Repealed
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2006 - 278
BEING A BY.LAW TO AUTHORIZE THE EXECUTION OF A SUBDIVISION
AGREEMENT WITH REID'S HERITAGE HOMES L TO. CONCERNING ALL OF
BLOCK B, REGISTERED PLAN M.35 AND PART PARK LOT 4, WEST OF
SAUGEEN & GODERICH OR HURON ROAD, MUNICIPALITY OF
KINCARDINE
(Hunter's Ridge Subdivision)
WHEREAS Section 51 (26) of the Planning Act 1990, Chapter 13 authorizes
municipalities to enter into subdivision agreements as a condition to the approval
of a plan of subdivision;
AND WHEREAS The Corporation of the Municipality of Kincardine entered into a
subdivision agreement with 2061514 Ontario Inc. to ensure appropriate
development of those lands described as All of Block B, Registered Plan M-35
and Part Park Lot 4, West of Saugeen and Goderich or Huron Road, Municipality
of Kincardine, with the passage of By-law No. 2006 - 133;
AND WHEREAS the subject property, known as Hunter's Ridge Subdivision,
has been sold by 2061514 Ontario Ltd. to Reid's Heritage Homes Ltd.;
AND WHEREAS the subdivision agreement, authorized by the passage of By-
law No. 2006 -133 on August 2, 2006, has not been registered on title to date;
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 govern their affairs as they consider appropriate;
AND WHEREAS the Council for The Corporation of the Municipality of
Kincardine deems it advisable to enter into a revised subdivision agreement with
Reid's Heritage Homes Ltd. to reflect the change in ownership of Hunter's Ridge
Subdivision;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into a
subdivision agreement with Reid's Heritage Homes Ltd. to ensure
appropriate development of those lands described as All of Block B,
Registered Plan M-35 and Part Park Lot 4, West of Saugeen and
Goderich or Huron Road, Municipality of Kincardine, being more
particularly described in the subdivision agreement attached to this by-law
as Schedule "A".
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By-law No. 2006 - 278
Hunter's Ridge Subdivision (Reid's) Agreement
2.
That the Mayor and Chief Administrative Officer be authorized to sign, on
behalf of The Corporation of the Municipality of Kincardine, the subdivision
agreement with Reid's Heritage Homes Ltd., attached to this By-law as
Schedule "A", as well as any other documents required to bind the
Corporation relating to this subdivision.
3. That By-law No. 2006 - 133 is hereby repealed.
4. 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.
5. This by~law may be cited as the "Hunter's Ridge Subdivision (Reid's) By-
law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 4th day
of October 2006.
~~
Mayor
~ ilrot. ~~
Clerk ~
r 'Ibis is Scbedule " .fL " to By-Law
No..Jz:a,-JZ8passed the.!J:!:j day
of r>~..,o6E,( 2004-
~k ~ 1Y\at,~.
MI10r .__ Clerk .--J
CORPORA TION OF THE MUNICIPALITY OF KINCARDINE
SUBDIVISION AGREEMENT
RESIDENTIAL DEVELOPMENT ON FULL MUNICIPAL SERVICES
SUBDIVISION AGREEMENT
FOR
HUNTER'S RIDGE SUBDIVISION
between
"Reid's Heritage Homes Ltd."
- and -
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Dated ~ 4.
, 2006
The Corporation of the Municipality of Kincardine
1475 Concession 5, R. R. 5
Kincardine, Ontario
N2Z 2X6
f:\ wp\89062\06J u I Y 26-89062 Agreement.doc
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
INDEX
Sectio n 1 - ] nterp reta tion ................. ......... ..................... ........... .... ...... .... ......................................2
1.1 Definitions...... .................................. ............................................... ........... ..................2
1.2 List of Schedules.......................................................................... ................... .............3
Sectio n 2 -- Order of Procedu re ............................... .............. ........... .......................... ........ ..........3
Sectio n 3 -- Installatio II 0 f Services........................... .............. ............. ........ .................... ........ .....5
3.1 General...................... ....... .... .... ............ ...... ............................ .......... .... ........ .......... ......5
3.2 Municipality's Legal and Engineering Costs....... .......................... ......................... .....5
3 .3 Developer's Engineer........... ........................................ ......................... .......................5
3 .4 Works to be Installed..................... ................ .......... ................ .... ................................6
3.5 Approval of Plans.......................... ........... ............................................... ........... ...... ...6
3.6 Notification of Commencement.... ........................................................ ........... ......... ...6
3.7 Progress of Works............................. ............................................................. ..............6
3.8 Scheduling of Works... ................................. .............................................. ..................7
3.9 Contractor............. ...................... .................................... ............................................. 7
3.10 Utility Costs and Charges...... ......... .......... ......... .............. ................. ........... ................7
3.1 J Access Roads............. ..................................... ........... ............. .......... ....... ....................7
3.12 Movelnent of Fill ........................ ............. ...... ......................................................... .....7
3.13 Damage to Existing Plant.............................................................................................8
3. 14 Signs.. . .. . . .. . . . . . . .. . .. . . .... . ... . .. . . ... . .. .. ... .... .. . ... .. .. . .. .. .... .... . . .. . . ..... . . .. .. .. . . . .. ... . .. ...... .. . . . ...... .. .. .8
3.15 Testing........... ............................................,..............,......,................................... .........8
3.16 Erosion and Silting Control. ........ ..... ........ ,................ ..... .............................................8
3.17 Emergency Access..... ..... .......... ............. ................ ................... ................................... 8
3.18 Construction Refuse and Weeds ..................................................................................8
3.19 Dust Control....................................... .............. ......... ........................................ ........... 9
3.20 Street Names......... ............. ............... ................... .................. ......................................9
3.21 Municipal Street Numbers......................... ................................. ................... ..............9
3.22 Blasting.......... ............. ........................ ............... ..... ............................................. ........9
3.23 Driveways.................................................................................................................... 9
3.24 Contaminants .... ........................... ..............................................................................10
Section 4 -- Acceptance of Works ...............................................................................................1 0
4.1 Stages of Construction and Services.......................................................................... 10
4.2 Inspection and Acceptance of the Works................................................................... 10
4.3 Final Acceptance of the Works.. ................. ............. .......... ....... ......... ..... ............. ......1 0
4.4 Acceptance During Winter Months ...........................................................................11
4.5 Use of Works by Municipality...................................................................................11
4.6 Replacelnent of Survey Bars............................ .......................... ........ ...................... ..11
4.7 Ownership of Services.. .............. .... .... ...................................................................... .11
Section 5 -- Maintenance of Works ............................................................................................11
5.1 Maintenance of Works ...............................................................................................II
5.2 Road Maintenance............... ............... ........ ......... ..................................................... .12
5.3 Enlergency Repairs ................ .... ............... ......... ..................... ................. ................. .12
Section 6 -- Drainage and Landscape Design............................................................................12
6.1 Drainage.................... ................. ....................... ........... ................................ ............. .12
6.2 Preservation of Trees ... ............ ..... ..............,............................................................. .12
6.3 Lots Unsuitable for Building.....................................................................................13
6.4 Lot Grading....................................................... .............................. .......................... .13
6.5 Maintenance 0 f 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
Sectio II 8 -- Adlniuis tra tio n ............. ........... ......... ........ ................................................. ...............16
8.1 Voiding Agreenlent....................... ........... ...... ........................................................... .16
8.2 Developer's Expense. ..... ............................................... ....... ............................ ....... ..16
8.3 Phasing...................................................................................................................... .16
8.4 Developer's Liabilities ....... ............................................................ .................. ....... ...16
8.5 Insurance........... .............................. .... ............... ..................................................... ...17
8.6 Legal Notice to Developer .........................................................................................17
8.7 Registration..... .................................... ............... ....... ....... ......................................... .17
8.8 Mortgages/Encumbrances................. ............... ..... ..................................... ............... .17
8.9 Requirements for Building Permits ...........................................................................17
8.10 Requirements for Occupancy.................... ............................................................. ....18
8.11 Special Building Permits/Model Homes.................................................................... 19
8.12 Right to Enter into an Agreement ..............................................................................19
8.13 Successors and Assigns............................. ....... ............................. ........................... ..19
8.14 Notification to Purchaser ..... ................... ..................... ............ .................. .............. ..19
8.15 Scheduling, Progress and Completion .................... ....... .... ............. ....... ................ ....20
8.16 No Municipal Liability................... ............. ..... ..... ....... .................................... ..... ....20
8.17 Assigrunent ................................................. ....................................... ........ ............... .20
8.18 Conflict. ................. ........................................................................ ........................... .20
8.19 Severabi lity .............................................................................................................. ..20
8.20 Amendnlent............................................................................................................... .20
8.21 Further Assurances.. ................................................................................... ............... .21
8.22 Joint and Several....... ....................................... ............................... ......... ................. .21
Sectio 11 9 -- Fi nancin I Provisio us .......... ......... ....................... .................... ........... ......... .......... .....21
9.1 Development Charges, Drainage and Local Improvement Charges..........................21
9.2 Securities................................................ ................................................................... .21
9.3 Reduction of Securities............ ......... .......... ........................ ........ .......................... .....22
9.4 Statutory Declaration of Accounts Paid............... ................ ................. ......... .......... ..22
9.5 Construction Lien Act.......................................................................... .................... ..23
9.6 Partial Release... ............................ .................................................... ........................ .23
Section 10 -- Special Provisions
- See Sc bed ule "M" ..... ..... ............. ........... ...... ............. ........... ......... ...... ............. ......23
Sectio n 11 -- S ignatu res .............. ................. ............... .......................... ........... ............ .... ......... ...24
Index (cont' d)
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F"
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "]"
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 ConstlUcted .................... .......... ......... .......... ..... ..... ..39
Itemized Estimate 0 [Costs of Construction of Each Part 0 f the Warks........ ..40
List of Lots Unsuitable for Building Purposes ................................................41
Owner's Final Grading Certificate................... .................,.......... .......... ........ ..42
List o[ Lands for Municipal Purposes and Easements to be Granted
to the Municipality......................................................... ................................. .43
No Occupancy Agreement......................................... ................................... ...44
Application [or Reduction of Security .... ................................................. ........45
Form of Pa11ial Release................................................................................... .46
Conditions of Draft Approval................ ..................... ...... ......... .......... ............4 7
Special Provisions..,..................................... ................................................... .53
MUNICIPALITY OF KINCARDINE
SUBDIVISION AGREEMENT
THIS AGREEMENT made in octuple on the
day of
,2006_ A.D.
BETWEEN:
REID'S HERITAGE HOMES
hereinafter called the "Developer" of the FIRST P ART
- 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
refened to as the "Works" set out in Schedule "D" and to make financial anangements 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 tieu of dedicating such land.
AND WHEREAS the word "Developer" where used in this Agreement includes an individual,
an Association, a Partnership, or a Corporation and wherever the singular is used herein, it shall
be construed as including the plural.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of other good
and valuable consideration and the sum of One Dollar ($1.00) of lawful money of Canada, now
paid by each of the parties hereto to each of the other parties hereto, (the receipt whereof is
hereby acknowledged), the parties hereto hereby covenant, promise and agree with each other as
follows:
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SECTION I-INTERPRETATION
1.1 Definitions
The tenus defined in this Section 1.1 shaH have the following meanings unless the context
expressly or by necessary implication otherwise requires:
"Agreement" means this Agreement titled "Subdivision Agreement".
"Business Day" means any day that is not a Saturday, Sunday or statutory holiday in the
Province of Ontario.
"Certificate of Final Acceptance" means the certificate issued by the Municipality after
satisfaction of the conditions identified in Section 4.3.
"Certificate of Inspection Re: Readiness for Occupancy" means the certificate issued by the
Municipality after satisfaction of the conditions identified in Section 8.10.
"Certificate of Preliminary Acceptance" means the certificate issued by the Municipality after
satisfaction of the conditions identified in Section 4.2.
"Chief Administrative Officer (CAO)" means the Chief Administrative Officer or delegate for
the Municipality of Kincardine.
"Chief Building Official (CBO)" means the Chief Building Official or designate for the
Municipality of Kincardine.
"Conservation Authority" means the Saugeen VaHey Conservation Authority and its
successors and assigns.
"County" means the County of Bruce and its successors and assigns.
"DamagelLot 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, Reid's Heritage Homes Ltd. 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 of the 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 "0".
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1.2 List of Schedules
The following schedules are attached to and form part of this Agreement:
Schedule "A"
Schedule "B"
Schedule "c"
Schedule "D"
Schedule "E"
Schedule "F"
Schedule "G"
Schedule "H"
Schedule "I"
Schedule ".1"
Schedule "K"
Schedule "L"
Schedule "M"
Description of Lands Being Subdivided
Plan of Subdivision
Municipal Servicing Standards
Checklist of Works to be Constructed
Itemized Estimate of Costs of Construction of Each Part of the Works
List of Lots Unsuitable for Building Purposes
Owner's Final Grading Certificate
List of Lands for Municipal Purposes and Easements to be Granted
to the Municipality
No Occupancy Agreement
Application for Reduction of Security
FornI of Partial Release
Conditions of Draft Approval
Special Provisions
SECTION 2 -- ORDER OF PROCEDURE
2.1 Upon application to the Municipality for the preparation of an Agreement the Developer
shall:
(a) Pay to the Municipality the 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 $10,000 and the terms of its use;
. a general time line 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.
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(c) Mutually agree with the Municipality on the parcel of land to be deeded to the
Municipality for parkland or the amount of cash to be given to the Municipality
in lieu of Parkland.
(d) Pay the amount in lieu of parkland to the Municipality or deposit the
Transfers/Deeds of Land for the parkland with the Municipality.
(e) Provide proof of postponement of any encumbrances on the lands.
(f) Deposit with the Municipality 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.
(g) Deliver to the Municipality's Solicitor written authorization to register this
Agreement or Notice of this Agreement both before and after registration of the
Plan, and a cheque in respect of the cost of the said registrations where upon the
Municipality's Solicitor shall register this Agreement.
2.3 Prior to starting construction on the Services, the Developer shall:
(a) Have obtained final approval of the Plan from the County and have obtained
Registration of the Plan.
(b) Deposit executed deeds to the Municipality, free 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 "0" 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 Stoml Sewer System and Storm Water Management Works.
(d) Provide written confirmation of having obtained the approval for drainage, road
crossings, encroachment, etc. of all road authorities including the Municipality,
County, Conservation Authority, the Ministry of Transportation of Ontario and
any other authority involved.
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 and Section 9 of Schedule M
of this Agreement.
2.5 Prior to any person occupying any building, the Developer shall:
(a) Have complied with all the requirements of Section 8.10 of this Agreement.
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SECTION 3 -- INST ALLA TION 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 "e" 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 shall cease all work
with respect to the review of the Subdivision.
(d) The deposit referred to in Section 2.1 (a) of this Agreement shall be retained by
the Municipality as a float against any unpaid bills and such deposit (or the
balance thereof, if any) shall be returned to the Developer at Final Acceptance of
the Subdivision by the Municipality and the Municipality being satisfied, in its
discretion, that all costs in Section 3.2 (a) herein and any contingencies with
respect to the Subdivision have been paid in full.
(e) The Developer shall pay to the Municipality, on thirty (30) days written notice
from the Municipality, such amount as is necessary to maintain the deposit
referred to in Section 2.1 at the sum of ten 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 of the 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 [onnat of
AutoCAD dxf or dwg files, coordinates of UTM Nad 27 zone 17 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.
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(h) To provide co-ordination and scheduling to comply with the timing provisions of
this Agreement and the requirements of the Municipality's Engineer, for all
works specified in this Agreement.
(i) To provide certification that the installation of services was in conformance to
said plans and specifications, such certification to be in a form acceptable to the
Municipality's Solicitor and the Municipality's Engineer.
(j) To take such other actions as may be required by the Municipality, acting
reasonably, [or the completion of the subdivision in accordance with this
Agreement and good engineering practices.
3.4 Works to he Installed
The Works to be installed are set out in Schedule "D" to this Agreement. This schedule
is to set out the works in general terms only and shall not be construed as covering all
items in detail. If at any time and from time to time during the development, the
Municipality's Engineer is of the opinion that additional works are necessary to provide
adequately any of the public services required by the Plan, the Developer shall, at his
expense, construct, install or perform such additional works at the request of the
Municipality's Engineer.
3.5 Approval of Plans
The detailed plans and specifications of all services must be submitted by the
Developer to the Municipality's Engineer for endorsement of approval and such
endorsement of approval shall in no way absolve the Developer or its consulting
Engineers of responsibility for errors in or omissions from such plans and
specifications.
3.6 Notification of Commencement
The Developer shall not commence the construction of any of the works until the plan
has been registered and the Developer has provided 72 hours written notice to the
Municipality's Engineer of his intent to commence work. Should, for any reason, there
be a cessation or interruption of construction, the Developer shall provide 72 hours
written notification to the Municipality's Engineer before work is resumed.
3.7 PI"ogress of Works
The Developer shall install all Works in a timely manner, in accordance with the
requirements of Schedule "C" and this Agreement. If he fails to do so, having
commenced to install the aforesaid works, fails or neglects to proceed with reasonable
speed, or in the event that the aforesaid works are not being installed in the manner
required by the Municipality, then upon the Municipality giving seven (7) days written
notice by prepaid registered mail to the Developer, the Municipality may, without
further notice, enter upon the said lands and proceed to supply all materials and to do
all the necessary works in connection with the installation of the said works, including
the repair or reconstruction of 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 from the cash deposit, letters of credit, or other securities. It is understood
in the event that the Municipality must enter upon said lands and have works completed
or repaired due to situations as outlined above any or all original mylars and
specifications prepared by the Developer's Engineer must be turned over to the
Municipality's Engineer for his use should he require same. It is understood and agreed
between the parties hereto that such entry upon the lands shall be as agent for the
Developer and shall not be deemed for any purpose whatsoever, as an acceptance or
assumption of the said Works by the Municipality. The Municipality, in addition to all
other remedies may refuse to issue building permits until such Works are completely
installed in accordance with the requirements ofthe Municipality.
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Without limiting the obligations of the Developer herein, if the Developer shall default
on the performance of any term, covenant or provision of this Agreement and if such
default shall continue for ten (10) days after the Developer receives written notice of
such default by the Municipality (or such shorter time as may be required in the cases
of an emergency or other urgent matters or as otherwise provided for herein), the
Municipality may perform that obligation on the Developer's behalf and may enter onto
the lands constituting the Plan for this purpose. If the Municipality is compelled or
elects to incur any expense in connection with its performance of the Developer's
obligations (including any engineering or legal fees incurred in connection with such
actions), any reasonable costs so incurred by the Municipality, together with all interest
thereon and any damages incurred, shall be payable 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 from 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
All access roads must be maintained by the Developer in good repair acceptable to the
Municipality's Engineer during the time of construction. This shall include the removal
of mud tracked from the Subdivision as well as dust control. No roadway outside the
limits of the proposed Subdivision may be closed without the written consent of the
Municipality. To obtain such consent, the Developer shall advise the Chief
Administrative Officer (CAD), not later than 14 days prior to the proposed closure, of
the date, time and duration they wish to close a roadway. All costs for advertising the
closure and signage shall be borne by the Developer. The Municipality reserves the
right to limit or prohibit the use of any existing access road by the Developer.
3.12 Movement of Fill
The Developer covenants and agrees that it shall not dump nor pernlit to be dumped
any fill or debris on, nor shall it remove or permit to be removed any fill, topsoil, trees
or shrubs from any public lands, other than roads, without the written consent of the
Municipality's Engineer. The Developer further agrees that no topsoil shall be
removed from the lots and/or blocks except for construction purposes within the
development and then such topsoil shall be stockpiled during grading operations and as
each building is completed, the topsoil so stockpiled shall be replaced on the ground
around each building to comply with the Municipal standards, and the replacing of such
topsoil shall include all surfaces not covered by buildings, driveways or pavement
within the development. Excess topsoil may be removed from the site with the
approval of the Municipality's Public Works Manager.
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3.13 Damage to Existing Plant
The Developer shall repair any damage caused to any existing road, road allowance or
existing stmcture 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 transfonners, cubicles and pedestals, etc.,
which may be necessary because of the development.
3.14 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 constmction and be removed after all
the roads have received a Certificate of Final Acceptance.
3.15 Testing
The Municipality's Engineer may have any qualitative or quantitative tests made of any
materials which have been or are proposed to be used in the construction of any of the
works required by this Agreement, or may require 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.
3.16 Erosion and Silting Control
The Developer must take all necessary precautions to prevent erosion and
sedimentation of sewers, ditches, culverts, slopes, etc., both within the Development
and downstream during construction and completion of servicing. Failing adequate
precautions being taken, the Developer will be responsible for correcting any damages
and paying all maintenance costs resulting therefrom.
3.17 Emergency Access
The Developer shall at all times during construction and development of the Works
maintain emergency access to the land to the satisfaction of the Municipality's
Engineer.
3.18 Construction Refuse and Weeds
The Developer, and each subsequent Owner of Lots or Blocks within the Plan, shall
regularly dispose of all constmction 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 tile 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 constmction 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.
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3.19 Dust Control
Until the Final Acceptance of all Services to be constructed under this Agreement, the
Developer shall use such reasonable method to prevent any dust problem to traffic or
home occupants as the Municipality shall deem necessary and for this purpose the
Public Works Manager shall notify the Developer in writing from time to time of the
requirements of the Municipality.
3.20 Street Names
The Developer shall name all streets within the Land forming part ofthe Plan with
names approved by the Municipality.
3.21 Municipal Street Numbers
(a) All Lot, Block or building numbers for use within the Plan shall be allocated by
the Chief Building Official (eBO). To obtain such allocation, the Developer
shall fumish 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 Block which sign shall
remain until such time as the building on such Lot or Block is occupied in
accordance with the provisions of this Agreement.
(c) Each Owner shall cause the street number so provided to be placed and
maintained in a conspicuous position in the front of the property upon occupancy.
3.22 Blasting
The Developer agrees that no blasting will be undertaken without the written consent of
the Municipal Engineer.
3.23 Driveways
The Developer hereby agrees that the driveways for all lots will be in a location and
have a width and design as may be approved by the Municipality. Without in any way
limiting the discretion of the Municipality, the location of the driveways may be further
limited by special revision in Schedule "M" of this Agreement. Further, all driveways
for a1l10ts 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 impOltant with respect to all comer lots located in the plan, as these
driveways entrances must be located as far as possible from 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.
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3.24 Contaminants
In the event the Developer discovers any waste, contaminants, pollutants, hazardous
substances or any other similar substances that may be detrimental to the environment
during the development of the lands constituting the Plan, the Developer hereby agrees
to notify the Municipality and the Ministry of 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 of lands constituting the Plan and shall comply with all legislative
requirements regulating the removal, transportation and disposal of such waste,
contaminants, pollutants, hazardous substances or any other similar substances from the
said lands.
SECTION 4 ~- ACCEPTANCE OF WORKS
4.1 Stages of Construction and Services
The Municipality will grant Preliminary or Final Acceptance of servicing based upon
three (3) stages of construction; and when the development is phased, within the whole
of each phase as approved by the Municipality. Stages of construction are as follows:
(a) Stage I - 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 of asphalt, topsoil and sodding, trees,
fencing and any other requirements of this agreement.
4.2 Inspection and Acceptance ofthe 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 cel1ification by the
Developer's Engineer that such services have been constructed in each stage in
accordance with the approved plans and specifications in this Agreement and upon
satisfactory inspection by the Municipality's Engineer, the Municipality's Engineer will
recommend that the Municipality grant a Certificate of Preliminary Acceptance. This
Certificate may include a list of minor deficiencies which the Developer must repair.
The services shall then be subject to a guaranteed maintenance period as described in
Section 5.1.
4.3 Final Acceptance of the Works
On receipt of a written request from the Developer for final inspection and final
acceptance following completion of the guaranteed maintenance period outlined in
Section 5.1, the Municipality's Engineer will complete an inspection and if there are no
deficiencies, will recommend to the Municipality that the Certificate of Final
Acceptance be issued. This Certificate will be issued provided that the Developer has
paid all accounts to the Municipality and the Municipality is:
. Satisfied the applicable services have been completely installed;
. Satisfied all repairs or maintenance work on the applicable services have been
completed.
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and the Municipality has:
· Approved the formal certification of final completion from the Developer's
Engineer certifying that all Works and services have been installed;
· Received as-built drawings as detailed elsewhere in this Agreement.
4.4 Acceptance During Winter Months
The Municipality will not be required to provide Certificates of Preliminary or Pinal
Acceptance during the winter months or any other time of year when inspection of the
Works and services is impractical due to snow cover or other adverse conditions.
4.5 Use of Works by Municipality
The Developer agrees that:
(a) The Works may be used prior to acceptance by the Municipality, or other
authorized persons for the purposes for which such works were designed.
(b) Such use shall not be deemed an acceptance of the Works by the Municipality.
(c) Such use shall not in any way relieve the Developer of his obligations in
respect of the construction and maintenance of the Works so used.
4.6 Replacement of Survey Bars
Prior to the final acceptance by the Municipality, the Developer shall deliver to the
Chief Building Official (CBO) a statement from 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 from the
date ofthe Certificate of Preliminary Acceptance for each Stage of the Works. During
this maintenance period, a 10% security holdback shall be retained by the Municipality
in accordance with the provisions of Clause 9.3 (e) of this agreement. If during this
period, the Developer fails to carry out maintenance work within seventy-two (72)
hours after receipt of the request from the Municipality, then the Municipality's
Engineer or 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 from the
deposited securities. Towards the end of the Maintenance Period, the Developer shall
make written request to the Municipality for a final inspection to be made in respect to
the issuance of the Certificate of Final Acceptance.
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5.2 Road Maintenance
The Developer will be responsible for the maintenance of the roads until final
acceptance.
Summer maintenance shall include grading, dust control and general clean-up of the
site. Winter road maintenance shall include all plowing, sanding and salting to assure
proper vehicular access within the Subdivision.
In the event that proper maintenance or snow removal is not provided by the Developer,
the Municipality, through its servants, contractors or agents may provide maintenance
and/or remove snow without notice to the Developer. Such work will be carried out at
times deemed to be an emergency by the 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 from the deposited securities. The Developer further agrees
that any work done by the Municipality pursuant to this contract before the roads are
accepted by the Municipality shall not be deemed in any way, to be an acceptance by
the Municipality of the roads in the said Subdivision upon which such work is done.
The Developer acknowledges that the Municipality, in providing maintenance or during
snow removal, may damage or interfere with the works of the Developer and cause
damage to such works and the Developer hereby waives all claims against the
Municipality that he might have arising therefrom and covenants that he will make no
claim against the Municipality for such interference or damage. Representation may be
made requesting that the Municipality consider entering into a separate Agreement with
the Developer to undertake the winter road maintenance within the Subdivision.
5.3 Emergency Repairs
Employees or agents of the Municipality may enter onto the Land at any time or from
time to time for the purpose of making emergency repairs to any of the Works. Such
entry and repairing shall not be deemed an acceptance of any of the Works by the
Municipality or an assumption by the Municipality of any liability in connection
therewith or a release of the Developer from any of his obligations under this
Agreement.
SECTION 6 -- DRAINAGE AND LANDSCAPE DESIGN
6.1 Drainage
All Lots and Blocks within the Plan and all lands abutting the Plan shall be graded to
drain in accordance with the Drainage Plan as approved by the Municipality's
Engineer. It is understood and agreed by the parties hereto that the drainage of surface
waters on the Lots and Blocks in the Plan, are the sole responsibility of the Developer
and subsequent purchasers, and they shall to provide and maintain adequate drainage of
such surface works. Satisfactory drainage outlets shall be provided. Drainage outlets
shall be constructed from the limits of the Subdivision to a sufficient outlet in
accordance with the approved engineering drawings.
6.2 Preservation of Trees
The Developer shall strive to preserve healthy trees, except for the actual area of
roadway construction, the instaUation of services, or the areas within the building
envelope. No additional trees shall be removed without the Public Works Manager's
written permission.
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6.3 Lots Unsuitable for Building
Any lot which will require special attention in order to be serviced will be listed in
Schedule "F" of this Agreement. Prior to the issuance of a building permit for any lot
listed in Schedule "F", the Developer's Engineer must submit a letter to the
Municipality's Engineer outlining the measures to be taken to correct the problems on
the lots. This proposal must be approved prior to applying for a building permit.
6.4 Lot Grading
All Lands shown within the Plan shall be graded in general conformity with the Lot
Grading Plan, including fill and excavation as required for the full width and length of
the grades and levels, and to the specifications, requirements and satisfaction of the
Municipality's Engineer; provided that for residential lots and blocks, grading must be
brought within zero decimal five (0.5) metres of the final grade and such further
residential development may complete the grading. All work done by the Developer
must be of such a nature as to ensure that the integrity and intent of the overall grading
plan is functional until the Lands are fully developed.
(a) Obligation to Grade According to Lot Grading Plan
The Lands shall not be graded except in general conformity with the grades
and elevations shown on the Accepted Grading Plan. The Plan shall bear the
signature and seal of an Ontario Professional Engineer holding a Certificate of
Authorization from Professional Engineers Ontario or who is employed by a
pa11nership or corporation holding such Certificate of Authorization to offer
professional engineering services to the public (hereinafter called a
"Professional Engineer") or a Registered Ontario Land Surveyor who certifies
thereon that the Plan generally conforms with the Lot Grading Plan attached
to the Agreement or filed with the Municipality's Engineer.
(b) Certified Building Lot Site Plan
Subject to Section 8.9 herein, no building shall be constructed on a Lot or
Block within the Plan until a Building Lot Site Plan certified by a Registered
Ontario Land Surveyor or Professional Engineer has been filed with and
approved by the Chief Building Official of the Municipality. The Building
Lot Site Plan shall show:
. the proposed finished elevation of these lands at each corner of the lot or
block;
. the proposed finished elevation of these lands at the front and rear of the
building;
. the proposed finished elevations of the underside of the footings and the
proposed finished height of the foundation of the building;
. the proposed finished elevation of any retaining walls, the proposed
elevation of any walk-out onto these lands from the basement of the
building, and the proposed finished height of the foundation of the
building;
. the proposed finished elevation and slope of any driveway and the
proposed location of any swale or rear yard catch basin;
. the location of eavestrough downspouts; no downspouts will be allowed to
discharge in a sideyard between residences;
. 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
Lot or Block and the proposed location of the building thereon in relation
to the Lot or Block boundaries.
The Developer hereby agrees that the existing property line grades abutting
developed lands are not to be altered or disturbed, except as approved
otherwise by the Municipality's Engineer.
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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 tenus of this Agreement and good engineering practices.
(c) Owner's Final Grading Certificate
· The Owner's Final Grading Certificate 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 1.
. 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 from that shown on the Lot Grading Plan for the
adjacent lands or the Owner's Final Grading Certificate for the building Lot or
Block.
(e) Prevention of Surface Water Flow
The Developer and each subsequent owner shall not block, impede, obstruct
or prevent the flow of surface water as provided for in the Drainage Plan, the
Lot Grading Plan or the Certified Building Lot Site Plan over any Lot or
Block by the construction, erection or placement thereon of any damming
device, building, structure or other means.
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(f) Erosion Control
The Developer shall construct silt fences or other facilities as required during
construction to control overland flows from this Subdivision to ensure that
mud, silt, construction debris, etc. does not adversely affect abutting
properties, all to the specifications of the Municipality's Engineer.
6.5 Maintenance of Lot Grading
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-oC-ways as
may be required for the installation and supply of services to the Subdivision. A list of
easements and right-of-ways to be granted to the Municipality shall be set out in
Schedule "H" of this Agreement.
7.3 Turning Circles
The Municipality may require the installation of temporary tuming circles. Where such
are required, the Developer shall convey the appropriate blocks to the Municipality for
the purposes of providing the Municipality with sufficient land to construct said turning
circle(s). The block(s) conveyed to the Municipality shall only constitute that portion
of land required by the Municipality for the actual roadway of the turning circle. The
temporary turning circle shall be constructed in accordance with Schedule "C" of this
Agreement. The Developer and the Municipality acknowledge that the block(s)
conveyed to the Municipality for turning circles shall be reconveyed to the owners in
the event that the street is connected in the future. Such conveyance and reconveyance
of the block(s) shall be completed at no expense to the Municipality. A list of said
blocks is included in Schedule "H" of this Agreement.
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SECTION 8 - ADMINISTRATION
8.1 Voiding Agreement
In the event that the Plan is not registered within one year from the date of the signing
of this Agreement, the Municipality may at its option declare this Agreement to be null
and void. All costs incurred shall be deducted from the deposit paid by the Developer
to the Municipality pursuant to this Agreement or any other agreement between the
Developer and the Municipality referred to herein.
8.2 Developer's Expense
Every provision of this Agreement by which the Developer is obligated in any way
shall be deemed to include the words "at the expense of the Developer" and "as
approved or accepted by the Municipality", unless specifically stated otherwise.
8.3 Phasing
(a) The Municipality may instruct the Developer to construct the Works in particular
phases suitable to it and the Developer must comply. Ifthe Municipality does
not so instruct the Developer, before commencement of any of the Works, he
may request the Municipality's permission to divide the area into convenient
phases.
(b) I f the construction of the Works is to be phased, then in lieu of furnishing
securities as required by Section 9 ofthis Agreement for the whole of the Works
the Developer may furnish the required securities for that part of the Works to be
constructed in each phase(s).
(c) The Land upon which the Works is to be constructed in a future phase shall be
made subject to a specific Holding Zoning ("H") provision by means of a by-law
to be passed by the Municipality under Section 36( 1) of the Planning Act, R. S.
O. 1990 c. P. 13 at the Developer's expense.
(d) Prior to the commencement of the construction of the Works within the Land
made subject to a Holding Zoning ("H") provision and after the deposit with the
Municipality of the securities as set out elsewhere in this Agreement for such
Land along with a written request from the Developer, the Municipality shall at
the Developer's expense pass a by-law under the said Section 36 to remove the
Holding Zoning ("H") provision.
(e) Before proceeding with an additional phase the Developer shall obtain the written
approval of the Municipality and no Works shall be pernlitted to be installed and
no building penuits 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 hannless 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.
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8.5 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 from responsibility for other
or larger claims, if any, for which he may be held responsible.
8.6 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 hereof in the Post Office.
8.7 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 Mortgages/Encumbrances
The developer covenants and agrees to obtain and register, at its sole cost and expense,
a postponement from each encumbrancer with a charge registered against title to the
Land (or part thereof) so that notice of this agreement shall be registered in priority to
any such charge.
Further, the mortgagee, if any, agrees that in the event of him assigning or transferring
the mortgage on the lands, the assignment or transfer shall be subject to the terms
hereof in the same manner as if the assignee or transferee had executed this Agreement.
8.9 Requirements for Building Permits
The approval of the Plan by the Municipality or the acceptance by the Municipality of
the Works shall not be deemed to give any assurance that Municipal building permits,
when applied for will be issued in respect of the Lots or Blocks shown on the Plan.
Notwithstanding the foregoing, the Developer agrees that it, or anyone claiming titled
from it or under its authority, shall not apply for any building permits for Lots or
Blocks within the Plan until all requirements hereinafter set out have been carried out to
the satisfaction of the Municipality. It is agreed that a copy of this Section 8.9 shall be
delivered by the Developer to each and every Purchaser of Land within the Plan and to
each and every Builder obtaining a Building Permit for any Lot or Block or part of a
Lot or Block within the Plan and the Developer shall extract a covenant similar to this
covenant from all such Purchasers and Builders. The Municipality shall have the right
to refuse any such application until:
(a) Preliminary Acceptance has been granted by the Municipality for Stage I
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.
18
(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.
(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.
(1) All dead trees within the limit of the Plan have been removed.
(g) All street identification signs required by this Agreement have been installed and
are in place;
(h) Payment to the Municipality in the amount of$2,500.00 as a Works Damage/Lot
Grading Compliance Deposit (herein "Damage/Lot Grading Deposit") per Lot or
Block in the Plan of which the sum of $100.00 is non-refundable.
The balance of the Damage/Lot Grading Deposit shall be refundable in whole or
in part after the building has been constructed, 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 tIns Agreement resulting from house
building and/or landscaping activities on the subject Lot or Block have been
repaired to the satisfaction of the Municipality's Chief Building Official and
Municipality's Works Superintendent.
(i) With respect to repair of damage to the Works, in the event that the Owner fails to
repair the danlage 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 of labour and material. This shall be a
charge against the Lot or Block for which repairs were carried out and shall be
payable forthwith.
U) Payment to the Municipality 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.
8.10 Requirements for Occupancy
Subject to Section 8.11 herein, no building erected on the Lots or Blocks within the
Plan shall be occupied until a Certificate of Inspection re: Readiness for Occupancy
has been issued by the Municipality's Chief Building Official and the said Certificate
shall not be issued until:
(a) Preliminary Acceptance has been granted for Stage 2 servicing for the phase of
the Subdivision including the Lot or Block.
(b) The roadway from the entrance of the Subdivision to and including the lot or
block of which the building is a part, has received the base course asphalt.
~
19
(c) The electrical distribution plant including street lights have been installed and
approved by the Utility.
(d) The traffic and street signs have been installed and approved by the
Municipality's Engineer.
(e) Subject to Section 6.4 (c), the final grading of the Lot or Block is in conformity
with the overall grading plan or such variances therefrom as have been approved
by the Municipality's Chief Building Official pursuant to Section 6.4 (c).
(f) The telephone lines, cable T.V. and gas mains have been installed and approved
by the Municipality's Engineer.
(g) The Developer agrees that the preceding requirements in this Section are in
addition to and not in substitution of the requirements of the Ontario Building
Code Act as amended and regulations thereunder with respect to certificates for
occupancy.
8.11 Special Building Permits / Model Homes
Pursuant to Section 8.9 building permits are not obtainable until certain services are
installed and approved by the Municipality's Engineer. The Municipality agrees that if
the Developer or Owner wishes to obtain a building permit prior to the installation of
services, as set out in Section 8.9, a permit may be issued provided the Developer or
Owner has executed a No-Occupancy Agreement (Schedule ''I'') and the Municipality
may require a deposit or Letter of Credit as a guarantee of no-occupancy. In the event
that the Developer or Owner fails to meet all the requirements set out in Section 8.9 or
8.10 for any building permit that is issued pursuant to the Developer's delivery of a No-
Occupancy Agreement, the Developer hereby acknowledges that the deposit shall be
immediately forfeited to the Municipality. Such failure to meet the 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.
8.12 Right to Enter into an Agreement
The Developer agrees not to call into question directly or indirectly in any proceedings
whatsoever in law or in equity any administrative tribunal, the right to the Municipality
to enter into this Agreement and to enforce each and every term, covenant and
condition herein contained and this Agreement may be pleaded as an estoppel against
the Developer in any such proceedings.
The Developer acknowledges that the Municipality is entering into this Agreement and
approving the Plan on the express representation of the Developer that it and its
successors and assigns shall observe and perform all the provisions of this Agreement
and that the Municipality is of the opinion that the Plan would not be in the public
interest if the Developer, its successors and assigns, the owner or owners from time to
time of the land within the Plan were not obligated to observe and perform all the
provisions hereof except to the extent the Municipality may lawfully change them.
8.13 Successors and Assigns
The covenants, agreement, conditions, and undertakings herein contained on the part of
the Developer shall run with the land and shall be binding upon it and upon its
successors and assigns as owners and occupiers of the said lands from time to time.
8.14 Notification to Purchaser
The Developer shall in every Agreement of Purchase and Sale or Offer to Purchase
pertaining to any Lot or Block within the Plan notify each purchaser of all of the
payments to be made by the purchaser to the Municipality pursuant to this Agreement
and all of the provisions of this Agreement which shall continue in force 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.
20
8.15 Scheduling, Progress and Completion
The Developer shall commence construction of services within eighteen (18) months of
the signing 0 f this Agreement or the registration of the Plan whichever is earlier.
Within eighteen (18) months of the date of commencement of the servicing of any
phase, the Developer shall complete the installation of the Stage 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 from the Municipal Engineer. Failure to adhere to the above
schedule may result in the Municipality completing the Works in accordance with
Section 3.7 0 f this Agreement. If the development is phased, the date for
commencement of construction on the balance of the phases may be delayed for up to
five years. Failure to commence construction within the time schedule above may
result in the Municipality declaring this Agreement to be null and void, and the
Municipality may deem the property not to be a Plan of Subdivision.
8.16 No Municipal Liability
This Agreement and the provisions herein do not give the Developer or any person
acquiring any interest in the land within the Plan (each hereinafter in this clause called
"such person"), any rights against the Municipality or the Municipality's Engineer with
respect to the failure of the any such person to perfonn any obligations under this
Agreement or the failure of the Municipality to force such person to perfonn any
obligations under this Agreement or any negligence of any such person in the
perfonnance 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
perfOlmed by the Municipality's Engineer under this Agreement do not in any way
create any liability on the part of the Municipality's Engineer to the Developer or any
person acquiring any interest in the land within the Plan.
8.17 Assignment
The Developer shall not assign this Agreement without the prior written consent of the
Municipality, which consent may be unreasonably withheld.
8.18 Conflict
In the event of any conflict between or among the plans and specifications relating to
the construction of the Works, the Municipality's Engineer shall decide which
provisions shall prevail.
8.19 Severability
If any ternl, covenant or provision ofthis Agreement shall be found or declared by a
Court of competent jurisdiction to be invalid, unenforceable or ultra vires, such tenn,
convenant or provision shall conclusively deemed to be severable from all other tenns,
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.
21
8.21 Further Assurances
The Developer agrees that it shall and will, on the request of the Municipality, make,
do, execute or cause to be made, done or executed all such further and other deeds, acts,
things and assurances to ensure the full implementation of this Agreement and to satisfy
the intention of the parties as set out in this Agreement.
8.22 Joint and Several
All terms, covenants, provisions and obligations of the Developer in this Agreement
shall be joint and severaL
SECTION 9 - FINANCIAL PROVISIONS
9.1 Development Charges, Drainage and Local Improvement Charges
Development Charges shall be paid in accordance with the current Development
Charges By-law ofthe Municipality.
The Developer agrees to pay for all arrears of taxes outstanding against the property
herein described before the approval of the said Plan is obtained. The Developer
further undertakes and agrees to pay all taxes levied on the said lands on the basis and
in accordance with assessment and collector's roll entries until such time as the lands
herein being subdivided have been assessed and entered on the Collector's Roll
according to the Registered Plan.
Before the Plan is approved the Developer agrees to commute and pay all charges made
with respect to the Drainage Act, the Local Improvement Act, and the Municipal Act,
including but not limited to charges or rates outstanding in respect of the Lands under
any sewer rate and/or water rate by-law which are assessed against the property on the
Plan. Before the Plan is approved the Developer agrees to commute and pay the
Municipality's share of any charges made under the said Drainage Act, the said Local
Improvement Act and the said Municipal Act presently servicing this property and
assessed against it.
9.2 Securities
Prior to registering this Agreement, the Developer shall deposit with the Municipality
to cover the faithful performance ofthe 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 from a chartered bank, issued in form and content
satisfactory to the Municipality's Solicitor, in the amount of One Hundred
Percent (100%) of the estimated cost orall 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 I 00% 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 (1) 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
al1yfuture expiration date thereof. unless at least thirty (30) days prior to the
present or any jilture expiration date, we not~jj,' you in writing by registered mail
that we elect not to consider this Letter of Credit to be renelvablefor any
additional period. "
(f) Unless each and every Letter of Credit is renewed as noted above, the
Municipality shall have the absolute right to refuse to issue building permits and
to prohibit occupancy of homes, whether partially or fully completed, from the
said date thirty (30) days prior to the expiration of that Letter of Credit.
9.3 Reduction of Securities
An application for the reduction of the security on deposit with the Municipality
pursuant to Section 9.2 herein may be made no earlier than thirty (30) days after the
commencement of construction of the Works and every thirty (30) clear days thereafter.
(a) To obtain a reduction in security the Developer shall file with the Municipality's
Engineer a written application in accordance with Schedule "J" attached hereto.
(b) The application shall include written confirmation from the Developer's
Engineer:
. describing the Works constructed as at the date of the application and a
calculation of the cost thereof.
. confinning 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 detennined 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 Accounts Paid
The Developer agrees that upon applying for a discharge of securities or for a
Certificate of Preliminary Acceptance for the services, he shall supply the Municipality
with a Statutory Declaration that all accounts for work and materials for said services
have been paid except normal guarantee holdbacks and that there are no claims for liens
or otherwise in connection with such work done or materials supplied for or on behalf
of the Developer in connection with the Subdivision.
,...--
23
9.5 The Construction Lien Act, R.S.O. 1990 c. C.30
The Developer agrees that it will hold back in its payments to any Contractor who may
construct the services, such sums as are provided in accordance with the Construction
Lien Act, R.S.O. 1990, c. C.30, and will otherwise indemnify and save harmless the
Municipality against any claims, actions or demands for construction liens or othelwise
in connection with the works and all costs in connection therewith, and on the demands
of the Municipality's Solicitor will forthwith take such steps to immediately discharge
all Liens upon the services.
Notwithstanding anything to the contrary contained in this Agreement, the Developer
hereby agrees that the filing of any liens pursuant to the said Construction 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 aU 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" fonn an integral part of this Agreement.
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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 WITNESS WHEREOF the parties hereto have ~uted this Agreement.
SIGNED, SEALED AND DELIVERED this ~ day ofW c6 . A.D. 2006
(REID'S HE OMES LTD.
(
(
( President, Blevins
( I/We have authority to bind the Corporation
(
(THE CORPORATION of THE MUNICIPALITY OF
( KINCARDINE
~ .iJJ~ J. ~
( Mayor -
~S~'- ~~~~
( Chief Administrative Officer
( We have authority to bind the Corporation
Developer's Address: #6783 Wellington Road No. 34. R.R. #22. Cambridge. Ontario N3C 2V4
Developer's Telephone: 5 19-658-6656
Developer's Facsimile: 5 19-654-9746
25
SCHEDULE "A" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule foons part of the Municipality's
Agreement.
DESCRIPTION OF LANDS BEING SUBDIVIDED
In the Municipality of Kincardine (fonnerly Town of Kincardine), County 0 f Bruce, Province of
Ontario, being composed of:
All of Block B, Registered Plan M.35, Town of Kincardine, and Part of Park Lot 4, West of
Saugeen and Goderich or Huron Road, Town plot of Penetangore, Town of Kincardine.
26
SCHEDULE ~~B" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms pal1 of the Municipality's
Agreement.
PLAN OF SUBDIVISION
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27
SCHEDULE "C" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule fOrolS 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 identifying the
proposed locations of Bell Cables, electrical servicing, gas mains, co-axial television
cables as well as watennains, stonn 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 zero chainage at their Westerly limits and
North-South streets shall have zero chainage at their Southerly limits. Chainages
on Plan and Profile shall increase from left to right.
(c) Drawings shall be of a consistent size - 594 mm x 841 mm.
(d)
Scales shall be as follows for drawings:-
General Layout Plan Scale Ratio
Plan-Profile Drawings Horizontal
Vertical
or Horizontal
Vertical
Ratios shall be shown on all drawings.
- I: 1000
- 1 :250
- 1:50
- 1:500
- I: 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 from the intersection of the intersecting street. All street
lines, for drainage or services, shall be shown and all easements.
28
(h) The Municipality shall be named in the title block which shall be placed in the
lower right corner.
(i) On completion ofthe 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 mamler 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 of 20 metres wide. The edge of the roadway paved
surface shall have a minimum radius of 9 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 of 20 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 of 2% trom the centerline to each curb line, and the boulevards shall have a
finished cross fall of a minimum of 2% and a maxinlUm of 8% from 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 from
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 pennission 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 of 2% towards
the curbs. The area from the edge of the road boulevard to the street line shall be graded
with a side slope not exceeding a slope of 3 metres horizontal to 1 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 confonn to applicable standards of the Ontario Provincial
Standard Specifications (OPSS) and the Ontario Provincial Standard Drawings (OPSD).
The granular roadbase shall consist of a bottom course of 300 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 1 and F.O.S. Of 130 - 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 of HL-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 of HL-3 Surface Course Asphalt. Asphalt work shall confonn in all
respects to OPSS 310.
3.6 Curbs
Concrete curb and gutter, of cross-section approved by the Municipal Engineer, shall be
provided along all edges of paved roadway surface. Tenninations at the limits of the
subdivision shall be either joined to existing concrete curbs or rounded to reduce hazard
to traffic. Construction shall confonn to OPSS 353.
3.7 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 cunent accessibility standards to provide full access where possible, to all
individuals in the community.
3.8 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 mm 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 [or cul-de-sacs in Section 3. I of this Schedule. Elsewhere in the Agreement
are provisions for conveyance of blocks for the construction of said circles.
4.0 STORM DRAINAGE/STORMW A TER 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
fur 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 Storm water Management Report
A Stonnwater Management Report setting out the existing and proposed drainage pattem
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 stonnwater 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 "Stonnwater Management Practices
Planning and Design Manual" or the most recent version thereof. Quantity control
shall restrict post-development nmoffflows 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 stonn 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 stOlm sewers shall be connected to the Municipal stoml sewer system or discharged
to a natural watercourse as approved by the Municipality and the Ministry of the
Environment.
4.4 Design Criteria
The stonnwater management system shall be designed by using MIDUSS version 4.72.1
or an altemate 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 stonn, 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
stonnwater 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 Environnlent.
4.5 Location
The storm sewer shall be located within the street, with lateral cOlmections to catch basins
located along the gutter lines.
4.6 Sewer Pipe Material
Sewer pipe material shall be Concrete Pipe, or approved alternate, complete with rubber
gasket connections Class C 14 ES or reinforced concrete pipe of the class required for the
depth of cover. The minimum size, including catch basin leads, shall be 300 mill. The
Municipality may require a larger storm sewer size on parts of the subdivision than
required for the subdivision alone.
31
4.7 Storm Sewer Construction
Stonn sewer construction and pipe bedding shall confonn 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 cOIIDected 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 of 300 mOl
below lowest invert on sewers up to and including 450 mm diameter.
Frames and covers shall be OPSD 401.0 I 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 from ground level to invert shall be
600 mOl 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 from footing
drains will be placed at a depth of 1.4 metres from the property line on each lot.
5.0 SANIT ARY 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 Cel1ificate of Approval for both sewers and sewage treatment facilities has been
received from the Ministry of the Environment.
5.2 Location
The main sewers shall be located along the centre of the 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 cOlIDections 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 mOl in diameter. For multiple dwelling, industrial or commercial
buildings, the service cOImections shall be sized to accommodate the flow.
"
32
5.5 Sanitary Sewer Construction
Sewer construction and pipe bedding shall confoffil 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 mm wood post extending from 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 OPSS 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 A TERMAINS
6. t Approval of Plans
Plans of the entire system shall be submitted to the Ministry of the Envirollfllent and the
Municipal Engineer for approval. This submission shall consist of an overall plan, a plan
and profile of each watermain 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 from the Ministry of the Envirollfllent.
6.2 Locations
Watemlain: 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 of watermain construction,
service connections shall terminate 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 [or each service cOIDlection and to be located at the lot
line.
6.3 Connection to the Municipal System
In general, the watennains shall be looped to existing municipal systems.
6.4 Material and Size
Watennain:
Gate Valves
and Boxes:
Fittings:
Hydrants:
Services:
Watennain 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 AO@ 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 C II 0 and the
rubber-gasket joints for ductile iron fittings shall be in accordance with
A WW A C 111, pressure rating 1035kPa.
Fire hydrants shall be the Mueller Canada Valve New Century type or
approved McA vity equivalent. Hydrant specifications as follows:
. 2-64 mm 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 mm 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 mm Type "K" copper tubing.
· Service Boxes - Model No. 0-1 by Concord-Clow or Mueller
equivalent. Service box and stem (1.4 m to 1.7 m) with 25 mm dia.
steel upper section. Box lids shall be regular ribbed with brass
pentagon plus c/w standard stationary rod.
· Service saddles - Model No. 2616 by Robar Industries Inc., stainless
steel, double bolted, broad band.
r
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. Gypsum/bentonite backfill
material (electrical resistivity <50 ohm cm wet). Insulated copper wire
brazed to core wire.
Tracer Wire: All rvc 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 of 200
metres and 120 metres, respectively.
At main intersections, a main valve shall be provided at each direction from 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 [or
disinfection and connection to the waterworks system. The Developer shall inform the
Municipal Engineer when the watermain 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 MaE, 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 8oM.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 LOT GRADING
9.1 House Lot Grading
Generally, all lots shall be excavated or filled so that the whole of the lot area from 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 permit 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 ifthe 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 mm 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 from 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 from the lots and
blocks as well as the roadways is protected from 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 from 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 W ALKW A Y
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 1.5 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 from 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 mrn of topsoil and shall be seeded with approved
lawn seed mix (OPSS 572).
The Municipality may ask and provide details within tlus 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 construction of
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 of 250 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 of 200 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.
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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
2.
Storm Water Management Plan, stoml sewer system, and
private drain connections.
3.
Sewage Pumping Station, Sanitary sewers and building connections
to the lot line
4.
Water distribution system, fire protection and building connections
to the lot line
5.
Grading and requirements of a site grading plan
6.
Underground electrical distribution system and an electrical service
7.
Street lighting
8.
Utility obligations - telephone, cable t.v., gas service
9.
Sidewalks
10.
Topsoil and sod on boulevard from property line to curb
II.
Pedestrian walkways.
12.
Vegetation retention plan.
13.
Lot house number signs.
14.
Street name signs.
15.
Traffic signs, as required.
Note: Works Required Denoted by r
lEI
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lEI
lEI
lEI
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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
AMOUNT
1 ) Mobilization, bonding, etc.
2) Road Works
3) Sanitary Sewers and Appurtenances
4) W atermain and Appurtenances
5) Storm Sewers
6) Electrical
12,000
128,700
313,300
81,700
96,800
46,000
Subtotal
678,500
7) Engineering Allowance
34,000
Total wlo a.S.T.
a.S.T. (rounded)
712,500
50,000
Total Security
762,500
:-
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
None
:7
42
SCHEDULE "G" OF THE AGREEMENT
NOTE: It is understood and agreed that this Schedule foons part of the Municipality's
Agreement.
OWNER'S FINAL GRADING CERTIFICATE
The undersigned hereby certifies to the Corporation of the Municipality of Kincardine (the
"Municipality") that the foundations of the buildings and structures and any openings in any such
foundation walls constmcted on the following property:
STREET NO.
STREET
MUNICIP ALlTY
LOT/BLOCK
REGISTERED PLAN NO.
Have been constructed, at or above the elevations illustrated on the overall Ce11ified 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 fmiher certifies to the Municipality that:
1. The final grading of the above referred to property has been completed in substantial
compliance with the Certified Building Lot Site Plan referred to in the Agreement.
2. The grade elevation of all lot boundaries and comers including the front 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 front, rear and sideyard and
that there is no area of the property which is subject to ponding of water; and
4. That in all cases, the final grading conforms to the intent of the grading plant.
This certificate is given and delivered to the Municipality in full knowledge that the Municipality
relies on this certification in providing a release of the applicable Agreement affecting this
propeJ1y.
DA TED at
, Ontario this
day of
,200 .
Signature of OLS/Professional Engineer
NOTE: Copies oftltis Owner's FiI,al Grading Certificate are available at the Municipality's
Building Department.
~
43
SCHEDULE "H" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule [onns part of the Municipality's
Agreement.
LANDS FOR MUNICIPAL PURPOSES TO BE CONVEYED TO THE MUNICIPALITY
Blocks 30, 31, 33
LIST OF EASEMENTS TO BE GRANTED TO THE MUNICIPALITY
3.0 m easement for drainage purposes between Lots 12 and 13.
LANDS TO BE CONVEYED TO THE MINISTRY OF TRANSPORTATION
Block 32
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 THIS AGREEMENT WITNESSETH that in consideration of other
good and valuable consideration and the sum of One ($1.00) Dollar of lawful money of Canada,
the Parties hereto mutually covenant and agree as follows:
1. In consideration of the Corporation of the Municipality of Kincardine issuing a building
permit to the Owner for
, the Owner
covenants and agrees that it will not apply for an occupancy permit until the above
referred to services have been installed to the satisfaction of the Municipality;
2. The Municipality hereby acknowledges that it has a cash deposit from the Developer in
the sum of and will use its best efforts to see to it that the
above referred to services are completed by
THIS AGREEMENT shall be binding upon and enure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF the parties hereto have executed this Agreement.
SIGNED, SEALED AND DELIVERED
This day of , 200 _'
(
(
(
( DEVELOPER (NAME OF DEVELOPER)
(
( THE CORPORA nON OF THE
( MUNICIPALITY OF KINCARDINE
(
(
( Mayor
(
(
( CAO
( We have authority to bind the Corporation.
,.---.
45
SCHEDULE "J" OF AGREEMENT
Note:
It is understood and agreed that this Schedule forms part of the Municipality's Agreement.
APPLICATION FOR REDUCTION OF SECURITY
To:
(Name of Municipality's Engineer), Engineer, 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 Warks 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" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
FORM OF PARTIAL RELEASE:
PARTIAL RELEASE
IN FAVOUR OF:
Herein called the "Owner"
WHEREAS the Owner entered into certain obligations in favour of the Corporation of the
Municipality of 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 ofland 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 forms part of the Municipality's
Agreement.
CONDITIONS OF DRAFT APPROVAL
The Conditions of Draft Approval for File No. 41T-89023 for the Corporation of the County of
Bruce as attached hereto for information only.
CONDITIONS OF DRAFT PLAN OF SUBDIVISION APPROVAL
Ownor:
File No:
Municipality:
Subject Lands:
Durwood Estates (Dale Walden)
41 T -89023
Municipality of Kincardine
All of Block '8' Registered Plan M-35 and Part of Park Lot 4, Wesl of
Saugeen and Goderich or Huron Road. Townplot of Penelangore
June 28, 1990
November 8. 2005
Date of Draft Approval:
Date of Revised Approval:
The Councilor the Corporation of the County of Bruce hereby issues Oralt ApprO\1al 10 Subdivision Fila
No, 41 T-89023, which pertains to All of Block'S' Registered Plan M-35 and Part of Park Lot 4, West of
Seugeon and Goderich or Huron Road, Townplot of penetangore, now in the Municipalily 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
Identification
That this approval applies to Plan of Subdivision File 41T-89023 for Durwood Estates in the
Municipality of Kincardine (former Town of Kincardine) prepared by O. Culbert lid. dated
September 30, 2005 showing the following:
Lots 1 to 29 Inclusive
Block 30
Block 31
Block 32
Block 33
- low denslly residenlial (29 lots)
. Parkland
- Environmental Protection Block
- 0.3 melre road roservo
- Parkland
PubliC Roads and Walkwavs
2. That the road allowances shown on this Plan of Subdivision shall be dedicated on the final plan
as a public highway 10 the appropriate road authority.
3. That the street(s) shall be named 10 the satisfaction of the Municipality of KincardIne.
4. That any dead ends and/or open sides of road allowances created by thl!l Plan of Subdivision
shall be terminated in 0.3 metre reserves to be conveyed to and held, in trust, by the Municipality
of Kincardine unllJ required for future road allowances or the development of adjacent land.
ParklandJEnvironmental Protection
5. ThaI the Owner conveys land In the amount 01 5% 01 the land included in the Plan for residential
purposes to the MunicIpality 01 Kincardine for park purposes pursuant to the pro\1isions of Section
51 (5)(8) of the Planning Act R.S.Q. 1990 c.P.13. Alternatively, the Municipafily of Kincardine may
accept cash.in.lieu for a portion of the said conveyance and under provisions of Section 51(B) of
the Planning Act, R.S.Q. 1990 c.P.13 the Municipality of Kincardine is hereby authorized to do SO.
6. That the Owner deed 'Blocks 30, 31 end 33' to the Municipality of Kincardine. All Blocks
transferred by deed must be free and clear of a/l mortgages, liens, and encumbrances.
Subdivision Aoreement
7. That the Owner enter Into a Subdivision Agreement with the Municipality of Kincardine agreeing
to satisfy all the requirements, financial and otherwise, of the Town concerning the provision of
roads, installation of services, facilities and drainage,
Page 1 of 6
48
CONDITIONS OF DRAFT PLAN OF SUBDIVISION APPROVAL
Owner;
File No:
Munlelpallty;
SubJectl.ands:
Date of Draft Approval:
Date of Revised Approval:
Durwood Estates (Dale Walden)
41 T -89023
Municipality of Kincardine
All of Block 'B' Registered Plan M-35 and Part of Park Lot 4, West of
Saugeen and Goderich or Huron Road, Townplot of Penetangore
June 28, 1990
November 8, 2005
No. Condition
8, That prior to Final Approval, the Saugesn Valley Conservallon Authority provide written
confirmation that the SubdiviSion Agreement between the Owner and the Municipality of
Kincardine addresses all the requirements of the Conservation Authority.
9. Thatlhe Subdivision Agreemenl be registered by the Municipality Of Kincardine against the land
10 which it applies and a copy of the registered agreement be forwarded to the County of Bruce
prior to Final Approval of the subdivision plan.
Phasino and LaosifJQ Date
10. That the Owner agrees to slage the development of this plan of subdivision in a manner
satisfactory to the Municipality of Kincardine.
11. That the Drat! Approval for Plan of Subdivision 41T-89023 for Derwood Estates in the
Municipality of Kincardine shall lapse on November 8. 2008 unless il has been extended by the
County of Bruce.
Easements
12. That.the Owner agrees to grant such easements as may be required for utility or drainage
purposes 10 the Municipality of Kincardine or other appropriate authority.
Services
13, The Owner agrees to make satisfactory arrangements with the appropriate electric provider for
lhe provision of permanent or temporary electrical services to this plan.
14, 1 he Owner agrees to make sallsfClctory arrangements for the provision of permanent or
temporary telecommunications services, gas and cable services to this plan.
Zl:1ninQ Bv.law
15. That the County of Bruce be advised by the Municipality of KincardifJB that the Plan of
Subdivision conforms with the Zoning By-law approved under the Planning Act.
16. That the County of Bruce be advised by the Saugeen Valley Conservation Aulhorlly that the
environmental zoning provisions applied to the Plan of Subdivision are to their satisfaction.
Warninq Clause - Public Watkwavs/Municipal RoadwBvs/Buildlno Restrictions
17. That the Owner enter Into an Agreement with the Municipality of Kincardine thai the following
warning clause be included in every Purchase and Sale Agreement lor lots 19 and 20:
.Publlc Walkways
Purchasers are advised that Lots 19 and 20 abut Block 31that has been designaled for use as a
potential Public Walkway. "
Page 2 of 6
49
CONDITIONS OF DRAFT PLAN OF SUBDIVISION APPROVAL
Owner:
File No:
Municipality:
SUbject Lands:
Date of Draft Approval:
Date of Revised Approval:
Durwood Estates (Dale Walden)
41T -89023
Municipality of Kincardine
All of Block 'B' Registered Plan M-35 and Part of Park Lot 4, West of
Saugeen and Goderich or Huron Road, Townplot of Penetangore
June 28, 1990
November B, 2005
No. Condition
18 That the Owner enter into an Agreement with the Municipality 01 Kincardine that the lollowing
warning clause be included in every Purchase and Sale Agreement for Lots 1-13 inclusive:
"Public WalkwayslTrail
Purchasers are advised that Lots 1.13 inclusive abut lands that have been designated for use as
a potential Public WalkwaylTrail. "
19, That the Owner enter into an Agreement with the Municlpallly of Kincardine that th~ following
warning clause be included in every Purchase and Sale Agreement for Lots 23.29:
"Municipal Roadway
Purchasers of Lots 23.29 are advised that these lands abut Wellington Avenue (currently non-
travelled) that may be used/constructed as 8 municipal roadway in the future. ,.
20. 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 1-24 inclusive:
"Building Restrictions
Purchasers of Lots 1-24 inclusive are advised that swimming pools, garden sheds, garages. or
other similar structures or uses are not permitted on lands zoned 'Environmental Protection
Special' in the Municipality of Kincardine Comprehensive Zoning By-law. In addition, there shail
be no site alteration, regrading, filling, excavation or vegetation removal in the 'Environmental
Protection - Special' zone."
Saucee" Vallev Conservation Authoritv
21, That prior to any grading or construction on the site and prior to Final Approval. the Owner shall
submit to the Saugeen Valley Conservation Authority for their review and approval the following
plans, reports or applications, prepared by a qualified consultant to the sallsfactlon of the
saugeen Valley Conservation Authority:
a) A detailed 'Stormwater Management Report' in accordance with the prevailing Ministry of the
Environment planning and design guidelines and other related technical criteria as
determined by the Saugeen Valley Conservation Authority.
In the eventlhat the 'Stormwater Management Report' recommends the establishment of any
stormwaler works, detention or retention facilities, The subdivision agreement between the
Owner and the Town shall conlain a provision whereby the Municipality of Kincardine will
assume Ownership. operation an maintenance responsibility of same in perpetuity.
b) A detailed 'Lot Grading Plan',
c) An 'Erosion and Sedimentation Control Plan' indicating the means Whereby erosion will be
minimized and sedimenl maintained on-sile and on abutting properties throughout all phases
of grading and construction and shall include a maintenance plan and provision for IImely
revegetation of Ihe sileo The Plan shall also detail the methods that will reduce any negative
impacts to water quality.
Page 3 of6
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50
CONDITIONS OF DRAFT PLAN OF SUBDIVISION APPROVAL
Owner:
File No:
Municipality:
Subject Lands:
Date of Draft Approval:
Date of Revised Approval:
Durwood Estates (Dale Walden)
41 T -89023
Municipality of I<incardine
All of Block 'B' Registered Plan M-35 and Pari of Park Lot 4, West of
Saugesn and Goderlch or Huron Road, Townplot of penetangore
June 28. 1990
November 8, 2005
No.
Condition
d) That the Subdivision Agreement between the Owner and the Municipality of Kincardine
contain provisions for the complelion ot the works in accordance with the approved plans and
reports as noled in a), b), and c) above to the satlsfacUM of the Saugeen Valley
Conservation Aulhorlty,
22, Thatlhe Subdivision Agreement Include a Warning Clause regarding building restrictions on Lots
1-24 Inclusive to the satisfaction of the Saugeen Valley Conservallon Authority.
23. That prior to Final Approval, the Owner prepare a 'Geotechnical Report', prepared by a qualiried
geotechnical engineer, acceptable to the Saugeen Valley Conservation Authority, which will
describe how Lots 1 - 24 inclusive, are to be developed,
24. That the Subdivision Agreement between the Owner and the Municipality contain the following
provisions with wording acceptable to the Saugeen Valley Conservation Authority:
a) 10 follow all recommendations contained in the 'Geotechnical Report' to the satisfaction of the
Saugeen Valley Conservation Authority;
b) to include a covenant on lIt1e for eech or the lots menUoned in the 'Geotechnical Report'
which will require the lot owners to abide by the recommendations in the Gotechnical Report'.
c) 10 Iilrect snow rencing or ather suitable barrier along the top/edge of the slope for Lots 1 " 24
inclusive, including Block 30, prior 10 Initiating any grading or construction on tne site 10
preventlhe unauthorized dumping of fill. This barrier shall remain In place until all grading
and construction on abutting lots has been completed 10 the satisfaction of the Saugeen
Valley Conservation Authority.
25. That Ihe Owner agrees to notify the Saugeen Valley Conservation Authority, at least 48 hours
prior to Ihe initiation of anyon-site development.
Qntario Ministrv of Transoortation
26. ThaI prior to Final Approval, Block 32 (0,3 m road reserve) shall be conveyed by deed 10 Ihe
Ontario Ministry of Transportation, All road reserves by deed must be free and clear of all
mortgages, liens, and encumbrances,
27, That prior 10 Final Approval, the Owner shall submit to the Ministry of Transportation for their
review and approval, a copy of a Traffic Impact Study (reporUanalysis/assessment) indicating the
anticipated traffic volumes and their impact upon the intersection or Highway 21 and Russell
Street. Highway improvements identified from the review and analysis of the StUdy will be the
financial responsibility of the Municipality and a Legal Agreement will be required to be entered
Into between the Municipality and the Ministry of Transportation.
28. That prior to Final Approval, arrangements shall be made to the satisfaction of the Ministry of
Transportation for the erection of a security fence along the entire Highway 21 boundary of lhe
plan,
Page 4 of 6
51
CONDITIONS OF DRAFT PLAN OF SUBDIVISION APPROVAL
Date of Draft Approval:
Date of Revised Approval:
Durwood Estates (Dale Walden)
41T -89023
MuniCipality of Kincardine
All of Block 'B' Registered Plan M-35 and Part of Park Lot 4, West of
Saugeen and Goderich or Huron Road, Townplot of Penetangore
June 28, 1990
November 8, 2005
Owner:
File No:
Municipality:
Subject Lands:
No.
Condition
Archaeolooical Condition
29, That prior to any grading or construction, and final approval of all or any part of the Draft Plan of
Subdivision, the Owner shall consult with the Ontario Ministry of Culture to delermine if an
'Archaeological Assessment' is required. If 'archaeological potential' is determined by the Ministry
of Culture. the Owner shall carry out an archaeological assessment of the lands subject to the
Draft Plan of Subdivision and mitigate through preservation or reSOurce removal and
documentalion adverse impacts to any sIgnificant archaeological resources found No grading or
other soil disturbances shall take place on the subject lands prior to the approval authority .md
the Mil'!istry of Culture confirming that aU archaeological concerns heve met licensing end
resource conservation requirements.
Diaital Plan Submission
30. That the Owner prior to Final Approval shall submn to Ihe County of Bruce a digital file of the Plan
to be registered in AuloCAD 14 (dwg or dxf) format referenced to NAOB3UTM to the satisfaction
01 the County of Bruce Planning Department.
Land Clearlna and Other W~
31. That the Owner agrees that no construction or installations of any kind (eg. clearing or servicing
of land) Involved with this Plan shall be undertaken prior to entering into a slle alteration
agreement or subdivision agreement and obtaining alf necessary permits. approvals and/or
certificates that need to be issued In conjuncllon with the development of the subdivision, unless
approved by the County of Bruce Planning Department in writing.
Clearance Conditions
32. That prior to the granting of Final Approval. the County of Bruce is to be advised by the
Municipality of Kincardine that Conditions Nos. 2.7. 9-15, and 17-22 have been carried out to
their salls faction. The clearance Jeller from the Municipality of Kincardine shall include a brief but
complete statement detailing how each condition has been satisfied.
33. That prior to the granllng of Final Approval, the County of Bruce is to be advised by the Saugeen
Valley Conservation Aulhorlly that Conditions Nos. 8. 16, 21-25 have been carried oullo their
satisfaction. The clearance letter shall Include a brief but complete statement detailing how each
condition has been satisfied.
34. ThaI prior to the granting of Final Approval, the County of Bruce is to be advised by the Ontario
Ministry of Transportation that Condition Nos. 26-28 have been carried out to their satisfaction.
The clearance lelter shall include a brief but complete statement detailing how the condition has
been satisfied.
35. That prior to the granting of Final Approval, the County of Bruce is to be advised by the Ministry of
Culture that Condition No. 29 has been carried out to their satisfaction. The clearance letter shall
include a brief but complete statement detailing how each condition has been satisfied.
Page 5 of 6
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52
Note, to Draft A~l)roval: Subdivision File No. 41T -890~3
1. It Is the Owner's responsibility to fulfill the CondlUons or Drafl Approval and 10 ensure tMt the required
clearance leUers are forwarded by the appropriate agencies 10 the County Of Bruce Planning and
Economic Development Department quoting Ihe appropriate subdivision file number.
2. The Owner should be aware thaI under the Public Transportation and Highway Improvement Act
Ontario Ministry of Transportation Permits are reqUIred fO! all new developments localed within 45m of an
existing and/or proposed Provincial Highway properly line and located within a 395m radius of the
cenlreline intersection of Highway 21 and sny municipal road. The Ontario Ministry of Transportation will
require that all new residential structures be setback a minimum of 8.0m from the existing and/or future
highway properly line. The Ministry will require that all new commercial structures be setback a minimum
of 14.0m from an existing and/or future property line,
3 Inauguration, or extension of a water works or sewage wOrkS is subject to the approval of the Ministry
of the Environment under SectiOn 52 and Section 53 Of the Ontario Water Resources Act. R.S.O, 1990.
4. We suggest that you make yourself aware of section 144 of the Land Titles Act and subsection 78(10)
of the Rsgistry Act.
Subsection 144(1) of the Land Titles Act requires that a Plan of Subdivision of land that is located in a
land titles division be regi9tered under the Lend Tifles Act Exceptions to this provision are set oul in
subsection 144(2).
Subsection 76(10) of the RegIstry Act requires that a Plan of Subdivision of lend that is located only in a
registry division cannot be registered under the Registry Act unless that tille of the Owner of the land has
been certified under the Certifioation of TItle Act,
Exceptions to lhis provision ara set out in clauslls (b) and (c) of subsection 78(10).
c
5. learences are reauired from the followina ag~!l~_
Municipality of Kincardine Saugeen Valley Conservation Authority Ministry of Transportation
1475 Concession #5 RR. #1 Corridor Control Office
RR#2 Hanover, ON. 659 Exeter Road
JS!.l]pardine, .9N. N2Z 2X6 N4N 368 London, ON. N6E 113
~" Ministry of Cullura
Southwest Archaeological Office
900 Highbury Avenue
London ON. N5Y 1A4
6. " the Owner wishes to request an extension to Draft Approval. a written explanation must be submitted
for the approval of the County of Bruce crlor to the lapsing date. Please note that an updated review of
the plan and revision to the CondiUons of Approval may be necessary if an extension Is to be granted.
7. Draft Approval may be reviewed by the County of Bruce from time to lime to determine whether draft
approval should be maintained or condlllons amended and/or added.
8. The Owner is advised that Draf! Approval is not a commitment by the Municipality of Kincardine to
water or sanitary servicing capacity. To secure this commitment the Owner must contact the Municipalily
of Kincardine direclly.
9. Final Plans - When the survey has been completed and final plan prepared, to Satisfy the requirements
of the Registry Act. they should be forwarded to the County of Bruce. If the plans comply with the terms of
approval, and we have received the required agency clearances, the County's stamp of approval will be
endorsed on Ihe plan and It will be forwarded to the Registry Office for registration.
The following Is required for registration under the Registry Act:
One (1)
Four (4)
original mylar
while paper prints (to Include 1 print for OLS)
File: 41T -89023
Page 6 of 6
Owner: Derwood Estates
~-
53
SCHEDULE "M" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule fonns 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 warning clause be included in every Purchase
and Sale Agreement for Lots 19 and 20:
"Public Walkways
Purchasers are advised that Lots 19 and 20 abut Block 31 that has been designatedfor
use as a potential Public Walkway. "
3) The Developer agrees that the following warning clause be included in every Purchase
and Sale Agreement for Lots 1-13 inclusive:
"Public Walkways/Trail
Purchasers are advised that Lots 1-13 inclusive abut lands that have been designatedfor
use as a potential Public Walkway/Trail. "
4) The Developer agrees that the following warning clauses be included in every Purchase
and Sale Agreement for Lots 23-29:
"Municipal Roadway
Purchasers of Lots 23-29 are advised that these lands abut Wellington Avenue (current~y
non-travelled) that may be used/constrllcted as a municipal roadway in thefilture. "
5) The Developer agrees that the following warning clauses be included in every Purchase
and Sale Agreement for Lots 1-24 inclusive:
"Building Restrictions
Purchasers of Lots 1-24 inclusive are advised that swimming pools. garden sheds,
garages, or other similar structures or uses are not permitted on lands zoned
'Environmental Protection Special' in the Municipality of Kincardine Comprehensive
Zoning By-law. /n addition. there shall be no site alteration, regrading, filling,
excavation or vegetation removal in the 'Environmental Protection - Special' zone. "
Any site alteration or development proposed between the Building Setback Line and the
rear lot line shall require approval C!f the SVCA under its Regulations. No filling,
excavating, regrading or construction should occur within that area without contacting
the SVCA.
6) 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.CA.
7) The Developer agrees to implement the recommendations of and construct any works
required by the geoteclmical report as approved by the Saugeen Valley Conservation
Authority.
The Developer agrees to include a covenant on title for each of the lots mentioned in the
geotechnical report which will require the lot owners to abide by the recommendations in
the geotechnical report as follows:
The Developer agrees to include a covenant on title for Lots 1-24 inclusive which states
the following:
54
The intent of the Building Setback Line is to protect buildings and stmctures ji'om slope
erosion. There is the possibility that there will be some ground loss and movement on
and near the slope over time. The Municipality and the Saugeen Valley Conservation
AuthoriZv are under no obligation to undertake slope remedial tl'orks. and are 110t
responsiblefor impacts from erosion processes associated with the slope.
The Developer agrees to erect a silt fence or other suitable barrier along the top/edge of
the slope for Lots 1-24 inclusive, including Block 30, prior to initiating any grading or
construction on the site to prevent the unauthorized dumping of filL This barrier shall
remain in place until all grading and construction has been completed to the satisfaction
of the Saugeen Valley Conservation Authority.
8) The Developer is required to pay connection charges for water and sewage, such
connection charges currently $1,800 per lot for water, $ 1,500 per lot for sewer, along
with the appropriate contributions for reserves for each of these charges. It is agreed that
these charges, for the purpose of this development only, will e paid at the time of the
issuance of building permits. Both parties acknowledge that the Municipality may
increase these connection fees at some time in the future. Further, the Municipality may
institute a development charges bylaw which could replace or be in addition to these
fees. With respect to the connection fees, the Municipality agrees that the Developer
will have the right to pre-pay outstanding sewer and water connection fees on remaining
vacant parcels for a period of 45 days following written notification to the Developer
that such COIDlection fees are to be increased.
9) Prior to the completion of the Stage I services, the developer shall complete the all
grading and landscaping treatments associated with establishing the major storm channels
located between lots 12 and 13 and between lots 19 and 20.
10) For reference purposes, a list of servicing drawings that have been reviewed or are
currently under review is provided below:
~
-~"-
Civil Description Date Revision No.
Drawin2
CI General Servicin~ Plan 2006/05/04 5
C2 Sanitary Servicin~ Plan 2006/05/04 5
C3 Stoml Drainage Area Plan 2006/05/04 5
C4 Water Servicing Plan 2006/05/04 5
C5 Hunter Street - Plan & Profile 2006/05/04 5
C6 Hunter Street - Plan & Profile 2006/05/04 5
C7 Block 31 - Storm Outlet 2006/05/04 2
C8 Lot Gradin~ Plan & Details 2006/05/29 8
_~ C9~ Miscellaneous Details I 2006/05/04 2
ClO Miscellaneous Details II 2006/05/04 2
EI Electrical Layout Details 2005/05/04 3
.---------.._-
Add PS
Pumping
Station Description Date Revision No.
Drawin2s
MI Sewage Pumping Station 2006/07/14 I
Plans & Details
M2 Sewage Pumping Station 2006/07/14 1
Sections & Details
--~--,- --- ._-"~-~
El Sewage Pumping Station 2006/07/14 1
Electrical Details &
Schematics
1
LRO # 3
Notice Of Subdivision Agreement
REGISTERED
Receipted as BR1414 on 200701 31
at 11 :46
The applicant(s) hereby applies to the Land Registrar.
I Properties
PIN
yyyy mm dd Page 1 of 60
Description
Address
33313 - 0354 LT
PART LOTS 11 & 18. AND LOTS 12. 13. 14. 15. 16 &17, PLAN 3M-200; KINCARDINE
KINCARDINE
~ Affects Part of Prop
PIN
33313 - 0543 LT
PART LOTS 11 & 18 AND LOTS 1, 2, 3. 4, 5, 6. 7, 8. 9. 10, 19, 20. 21, 22. 23. 24. 25, 26.
27.28 & 29, PLAN 3M-200; KINCARDINE
KINCARDINE
~ Affects Part of Prop
Description
Address
I Applicant(s)
The notice is based on or affects a valid and existing estate, right. interest or equity in land.
Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDlINE
Address for SelVice 1475 Concession 5. RR#5
Kincardine, Ontario
N2Z 2X6
r-
This document is not authorized under POwer of Attorney by this party.
This document Is being authorized by a municipal corporation Glenn R Sutton. Mayor and John de Rosenroll. CAO..
I Party To(s)
Capacity
Share
Name
Address for SelVice
REID'S HERITAGE HOMES LTD.
6783 Wellington Road No. 34
RR #22
Cambridge, ON
N3C 2V4
I Statements
This notice Is for an indeterminate period
Schedule: See Schedules
I Signed By
George Charles Magwood
215 Durham Street, Box 880
Walkerton NOG 2VO
acting for Applicant(s)
Signed
200701 31
Tel 519-881-3230
Fax 5198813595
Deanne Marie Harmer
10 Northumberland S1.
Ayr NOB 1 EO
acting for Party To(s)
Signed
200701 31
Tel 5196321327
Fax 5196321328
I Submitted By
ROBSON CARPENTER LLP
10 Northumberland 81.
Ayr NOB 1 EO
2007 02 01
Tel 5196321327
Fax 5196321328
I FeesffaxesJPayment
statutory Registration Fee
$60.00
Total Paid
$60.00
LRQ # 3 Notice Of Subdivision Agreement
The applicant(s) hereby applies to the Land Registrar.
I File Number
Receipted as BR1414 on 200701 31
at 11 :46
yyyy mm dd Page 2 of 60
Applicant Client File Number :
15100/DH
3
CORPORATION OF TilE MUNICIPALITY OF KINCARDINE
SUBDIVISION AGREEMENT
RESIDENTIAL DEVELOPMENT ON FULL MUNICIPAL SERVICES
SUBDIVISION AGREEMENT
FOR
HUNTER'S RIDGE SUBDIVISION
between
"Reid's Heritage Homes LId,"
- and -
TUE CORPOUA TION OF THE MUNICIPALITY OF KINCARDINE
Dated (~a-- ~, 2006
The Corporation of the Municipality of KincClrdine
1475 Coucession 5, R. R. 5
Kincardine, Outalio
N2Z 2X6
f:\\\'p\89062\06July 26-89062 Agreemcnl.doc
~
2
I
TilE C01{PORATION 011 TilE MUNJCll~Al,nlY OF KINCARDINE
INDEX
Section .. - In t erllrctat ion ................... ........... .......... ........... .... ........... ...... ......... .......... ............. ......2
1 .1 Oef:initiolls..................... h............................... ..,...........................,......................,..... ...2
I .2 List 0 f Schedules,........................,................................ .................................... ............3
Sectiu II 2 - Order 0 f Proced II re ...411........ ........... ............... .... ........., ........... ...... '.....11.. ,. .............u .......... iII.3
Sect io II 3 ~~ I nstalla t io I) 0 r Services. ..... ...... .... ;...... ............... ..... ............ ................ ........................S
3. I Genera I... ................ ........................... ....................... .......... ......................... ..... h..........5
3.2 Municipality's Legal and Engineering Costs.............. .......... ............ ...... ............... ......5
3.3 Develuper' s Ellgi neer.......... .............. ........ ............... ......................... .......... .............. ...5
3.4 Works to be Installed ., .............. ................ ............. ....... .............. ..............."................6
3.5 A pprova I 0 f Plans ......... ...... ............ ...................................... ,.......,..............................6
3.6 Noli fication of Cnmmencemellt............ ..... ........ ............. .............. ...... ...... ...... .............6
3.7 Progress 0 r W urks...,....................................................................................................6
3.8 Schedul ing 0 f Works......... ........... ......,........................ ,........................................ ........7
3.9 Contractor.........,...................... .................................................................................... 7
3.10 ULi/ity Costs and Charges ............................................................................................ 7
3.11 Access Roads .... h............................ .... .....,........... ............................... .........................7
J .12 IYlovcnlcllt 0 f FiJI ....... ..................... ........, ............. ................ .......................................7
3.13 IJ,lInage to Ex.isting Plant....... ..... ........... ......................................................................8
3. 14 Signs...................................................... .............................. ................ .........................8
J. 15 Testing............................. .............. ............ ......................................... .................."......8
3. J 6 Erosion and Si hing Control. .......... ........................................... ....... .......................... ..8
3. I 7 Enlcrgency Access........................................ ...... ................................. ...........,............ 8
3.18 Construction Re(hse and Weeds .................................... ..............................................8
3. 19 Dust Control................. ........... ................... .............. ......................................,............. 9
3.20 Street NUlllCS ............................. ..................... h........................ ........................... .........9
3.2 J 1vlun ici pal Street Numbers.......................................................... ............ ........... .......... 9
3.22 BI listing........................................ ...................... ................................,.........................9
3.23 fJrivcways ........................................................................................,........................... 9
3.24 Con tanlinants .......................,.......... ,.,...,.................. ............".....,.............................. 10
Section 4 -- Acceptance of \\' orks ...............................................................................................10
4.1 Slages of Construction and Services.......................................................................... 10
4.2 Inspection and Acceptance o[the Wods...................................................................1 0
4.3 Final Acceptance of the Works ................ ................ h......... ............. ........ .......... ........10
4.4 Acceptance During Winter Months ...........................................................................11
4.5 Use of Works by Municipality...... ............................ .................... ....... ...................... I I
4.6 Replaccrnent of Survey Bars... .................... .......... ..................................................... J I
4.7 Ownership of Services........ ........... ...... .....................................,........ ....................... .11
Section 5 -- Maintenance of Works ............................................................................................Il
5. 1 Maintenance of Works.................................. ............................................................. J 1
5.2 Road Maintenance............... ............ ........................ .............................................. ....12
5. J Ernergency Repairs......................... ........................ .................. ................................ .12
Section 6 - Drainage and Landscape Design ............................................................................12
6. I Drainnge.............. ...... ............................... .h............... ...... "'" ................ .................... .12
6.2 Preservation 0 f 'frees ............. ............................ ....................................................... .12
6.3 Lots Ullsuitl.lbJe lor Building .....................................................................................13
6.4 Lot Grading...... ............... .................... .............,........................................................ .13
6.5 M.E1inlenllllce of Lo/. G fad ing..... ........... ...... ...................... ....... .................................. .15
5
Index (coliI'd)
Section 7 -- Lauds fo be Conveyed..............................................................................................15
7.1 Lands for Municipal PUlposes ...................................................................................15
7.2 Easenlenls ...h............................. ....................................... ......................................... 15
7.3 'furning Circ les ............. .............. .....................h....................................................... .15
Sect ion 8 - Ad luiuish'at ion .....................................................n..................................................16
8. I Voiding Agreelnent. .............................................. .......................... .......................... ./6
8.2 Developer's Expense ........ ....... ..... ............. ....... ............ ................... .... ..................... .16
8.3 Phasing... ......... .......................... ................ ........ ............. .... ......... ...... ........ ........ ...... ...1 G
8 .4 Developer's LiabHities................................... ........................................................... .16
8.5 I tlsurance ...................................... ............................................... ...............................1 7
8.6 Lega / NOlice to Developer......................... ............................................ ................... .17
8.7 Regist.ration ................. ................................... .................. ..,..... ...h............................. t 7
8.8 MOI1gages/EncUnlbrutlces......................................................................................... .17
8.9 Requirement.s for Building Permit.s ........................................................................... I 7
8./0 Requirements for Occupancy.....................................................................................18
8.11 Special Building PemlitslModeJ Homes.................................................................... 19
8.12 Right to Enter into an Agreement ..............................................................................19
8.13 Successors and Assigns....................................... ..................................................... ..19
8.1.:1 Notification to Purchaser ........................................................................................... '19
8.15 Scheduling, Progress aud Completion.......................................................................20
8.16 'No Mu n icipal Liabil ity ............... .................... .......................................................... .20
8.17 Assiglunent .................................................... ............................................................20
8.18 Conll jet. ............................. ........................ .............. ................................................. .20
8.19 SeveralJH ity ....... ........ ......... ........ ................. ......... ........ ............................................ ..20
8.20 AJnendnlent................................................................................................................ 2()
8.21 Further Assurances........ .......................................................................................... ...21
8.22 Joinlllnd Several............................. ......................................................................... ..21
Sectio n 9 - Fill81lC in 1 Pro visions.... .......... ....... ........... ............ .... ....... ..................... ............ ....... ..21.
9.1 Development Charges, Drainage and Locallmprovemellt Charges..........................21
9.2 Securit.ies................................................................................................................... .21
9.3 Red ucLion of Secnrit ies ........................................................................ ..................... .22
9.4 Stat.utory Declaration of Accounts Paid.......... ......................... ............ ........... .... .......22
9.5 l'ollslruct ion Lien Act........... h........................... ...................................................... ..23
9.6 Partiu I Release..................... ......... ........ h................................ ............................... .... ..23
SccHoll 10 -- Spccinl Pl"OvisiOlls
- See Schcd u Ie "M" ... ....... .......... ..... ......... ........... ...... ............. ....... ........ ............. ......23
Sectiu II It - S ign8 t II res .. ........ ................. ........... .................................... ...... ......... ................... ...24
lndex. (cout'd)
Schedule "A"
Schedule "B"
Schedule "e"
Schedule "D"
Schedule "E"
(:J
LrST OF SCHEDULES
Description oC Lands Being Subdivided.. ...................... ............ h.... ............. ...2 5
P I an of S ubd ivision ....... ............................. ..................... ........... ............. .h.... ..26
MUllicipfll Selvicing Standards ... ...... ........................... ......... .... .h...... ......... .... .27
Checklist of Works to be Constructed ....... ........... ............................... ........ ....3 9
Itemized Estimate of Costs of Construction of Each Part of the Works ..... ....AO
Schedule "f" -~ List of Lots Unsuitahle for Building Puq>oscs ................................................41
Schedule "G"
Schedule "If"
St.:hedule "1"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Owner's Final Grading Cel1i!icate............. ......... ........ .... .... ............ ............... ..42
List of Lands for MLUIicjpal Purposes and Easements to be Granted
to t.he 1\1 unicipali ty .......................................................................................... .43
No Occupancy Agreement........ ........... ............. ............. ..... ... ......... .............. ...44
Application for Reduction of Securily ........................................................... ..45
Pornl of Paliial Release... ................... ..... ....................................................... ..46
Conditions of Draft Approval.... ........ ........... ............... .............. ........ ..............4 7
Special Provisions ...... .......... ... ....................... ......... ..... .......... .................. ........ 53
1
MUNIClPALlTY OIi' KINCARDINE
SUBDIVISION AGREEMENT
THIS AGREEMENT made in octurle on the i{fVr day of dc?vbt',(../' ,2006__ A.D.
BETWEEN:
REID'S HERITAGE HOMES
hercinaner called the "Developer" of the FIRST PART
- and -
TilE COUPORATION OF THE MUNICIPALITY OF I<JNCARDJNE
hcrcinatler called the .'Municipality" of the SECOND PART
WHEREAS the Developer is the owner orthe 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 tile lands llnd has
applied to the County of Blllce (hereinafter called the '.Counly), for approval of a Plan of
Subdivision (hereinuJier called the "Plan"), which is alUlexed hereto as Schedule "8" to this
Agfl~ll1enl.
AND WHEREAS the Municipality lIas been authorized by the County to require the Developer
10 agree to construct and install certain municipal services ilS herelnafter provided and herein
refen-ed to as the "Works" set out in Schedule "D" and to make financial oo.angements with the
Municipality [or the installation and eonslmction of required services before final approval of the
Plun by the County.
AND WHEREAS the Developer is required to dedicate for public pUI]JOSCS certain portions of
the Lands or make a cash payment to the Municipality ill lieu of dedicating such land.
AND WHEREAS the word "Developer" where used in tbis Agreement includes an individual,
an Association, a Partnership, or a COlporation and wherever the siugular is used herein, it shall
be constl1led as including the pluml.
NOW THEREFORE THJS AGREEMENT WITNESSETH that in eonsidcrulion of other good
and valuable consideration and the sum of One Dollar ($1.00) of lawful money of Canada, now
paid by each onhe parties hereto to each orlhe other parties hereto, (the receipt whereof is
hereby acknowledged), the pat1ies hereto hereby covenanf, promise and agree with each other as
follows:
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2
SECTION J -INTERI)RETATION
1.1 Definitions
The terms defined in this Section I.J shall have the following meanings unless the context
expressly or by necessary implication OllleJwise requires:
"A,~rccment" means this Agreement tjtled "Subdivision Agreement".
"BlIsiuess Hay" Ulenns any day that is not a Saturday, Sunday or statutory holiday in the
Province of Ontario,
"Certificate of Final Acceptance" lIleans the cel1ificate issued by the Municipality after
sntisl~ctiolJ of the conditions identHied in Section 4.3.
"Certificate of Jnspection Re: Readiness for Occupancy" means Ule certificate issued by the
Municipality after satisfaction of the conditions identified in Section 8,10.
44Cc..tiCicate of Prelimimlry Acceptance" means the certificate issued by 1he Municipality Cl Iter
satisf,lction of the conditions identified in Section 4.2.
4'Chief Adminisfrative Officer (CAD)" means the Chief Administrative Officer or delegate for
the Municipality of Kincardine.
"Chief Building Official (CnO)" means the Chief Building Official or designate for the
Municipality of Kincardine,
"Conservation Authority" means the Saugeen Valley Conservation Authority and its
successors and assigns.
"Colluty" means the County of Bruce and its successors and assigns,
"Damage/Lot Grading Deposit" means the amount of $2,500.00 per Jot 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.
"Develope.-" means, collectively, Reid's Heritage Homes Ltd. Bnd their respective successors
and assigns.
'4Laud" means Ihe real pmpel1y which is the subject of the PJan, lhe legal description of which is
attached as Schedule "A".
"Municil'alit)'" means the Corporation of the MUl1icipaJity of Kincardine, aud its successors and
assIgns.
.40wller" means the Owner of a lot or block and may include the "Developer",
'4P'au" means the plan of subdivision relating to the Land, a draft copy of which is attached as
Schedule "8",
"J)ublic WOI'ks Manager" means the Public Works Manager or his designate for the
Municipality of Kincardine.
"Works" means the works and services desclibed in Schedule "0",
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1.2 List of Schedules
The following schedules are attached to and fOffil part of this Agreement:
Schedule "A"
Schedule "B"
Schedule "e"
Schedule "0"
Schedule "E"
Schedule "F"
Schedule "G"
Schedule "II"
Schedule "1"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Description of Lands Being Subdivided
Plan of Subdivision
Municipal Servicing Standards
Checklist of Wurks to be Constructed
Itemized Estimate of Costs of Construction of Each Part of the Works
List of Lots Ulisuitable for Building Purposes
Owner's Final Grading Cel1ificate
List of Lands for Municipal Purposes and Easements to be Granted
to the Municipality
No Occupancy Agreement
Application [or Reduction of Security
Form of Partial Release
Conditions of Drafi Approval
Special Provisions
SKCTION 2 ~- ORDER OF PROCEDURE
2.1 Upon application to the Municipality for tbe preparation of an Agreement the Developer
sllall:
(a) Pay to the Municipality the sum often thousanu ($10,000.00) dollars as a deposit
in respect of the Municipality's legaJ and engineering costs re[en-ed 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 ufthe Municipality;
· a statement outlining the areas of study that will be required prior to the
Municipality agreeing to proceed wilh the development (by means of a
development agreement);
· a statement olltlining the deposit amount of $10,000 and the tenllS of its lISe.;
· a general timeline for review of the development project.
2.2 PriOl' to Registering the Agreement tbe Developer sball:
(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
rales.
Ie
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(c) Mutually agree with Lhe Municipality on the paJrcel uf lund to be deeded 10 the
MunicipaliLy for parklnnd or the amount of cash Lo be given to the Municipality
in lieu of Parklund.
(d) Pay the amount in lieu of 113rkland to the Municipality or deposit the
Transfers/Deeds of Land lor the parklaud with the Municipality.
(e) Provide proof of postponement of any encumbrances on the lands.
(0 Deposit with the Municipality eight (8) copies of this Agreement executed by the
DeveJoper, to be executed by the Municipality and retained by the Municipality's
Solicitor for registration as hereinafter provided.
(g) DeJiver to Ihe Municipality's Solicilor written authorization to register this
Agreement or Notice of this Agreement both before and after registmtion of the
Plan, and a cheque in respect of the cost of the said registmtions where lIpon the
MuniGipnlity's Solicitor shall register this Agreement.
2.3 Prior to sharting constructiOIl Oll the Services, t'le Developer shall:
(a) Have obtained linaJ approval oftlIe Plan from the County and have obtained
Registration of the Plan.
(b) Deposit executed deeds to the Municipality, free and clear of all encumbrances,
for any lands to be conveyed to the Municipality (and such deeds to be deposited
with the MUllicjpaJity) prior to the CAO's clearance leller Lo the County of
Bruce. .
(c) Have submitted and obtained Lhe written approval of the Municipality's Engineer
for the t(IJlowing all to be done ill accordance with the Municipal Servicing
Standards of the Municipality:
. The Drainage Plan;
· The Lot Grading Plan;
· The Service Layout Plan [or underground electrical services, telephone, gas,
etc.;
· Final approved drawings for all Works required in Schedule "D" to this
Agreement.
(c) Submilto 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 StOln1 Water Managell1ent Works.
(d) Provide written confirmation of having obtained the approval for drainage, road
crossings, cncroaclullcnt, etc. of all road authorities including the Municipality,
County, Cunservation Authority, the Ministry of Tmnsportation of Ontario and
any other authority involved.
2.4 Prior to 'he sale of ~lIIy lot aml/or prior to the issuance of building permits .be
Oevelope.. shall:
(a) Have complied with all requirements of Section 8.9 amI Section 9 of Schedule M
of this Agreement.
2.5 Prior to allY persoll occupying ally building, the Developer shall:
(a) Have complied with alllhe requirements of Section 8.10 of this Agreement.
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5
SECTION 3 -- INSTALLATION OF SERVICES
3.1 Genet'al
Upon approval of Ole Plan by lhe County, the Developer shall design, construct Ulld
inslall at his own expense and in good workmanlike manner to lhe servicing standards
of the Municipality as set out in Schedule "en (0 this Agreement.
3.2 Municipality's Legal and Engineering Costs
(n) The Devcloper 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 anti for supelVision and inspection on behalf of the Municipality.
(11) The Developer shaH be invoiced regularly by tbe Municipality Jor all costs
incurred by the Municipality with respect to Olis Agreement.
(c) The Developer shall reimburse the MUllicipality for aU costs incurred by the
Municipalily as ref cITed tl) in Section 3.2 (a) herein, within thirty (30) days of
each billing, failing which the Municipality and its agents shaH cease alJ work
with respect to the review of the Subdivision.
(d) The deposit referred to in Sectio1l2.1 (a) of this Agreement shall be retained uy
the Municiptllity as a 110at against any unpaid biUs ulld such deposil (or the
hulance thereof, if any) shaH be returned to the Developer at Final Accepk111ce of
the Subdivision by the Municipalily and the Municipality being satisfied, in its
discretion, that alJ costs in Section 3.2 (a) herein and any contingencies with
respect to the Subdivision have been paid in ful1.
(c) The Developer shull pay to the Municipality, on thiJ1y (30) days written notice
from the Municipality, such amount as is necessary to maintain the deposit
relerred to ill Section 2.1 at the sum of tell thousand ($10,000.00) doJ/ars, failing
which lhe Municipality and its agents shall cease all work with respect to the
review of the Suhdivision.
3.3 I)eveloper's Engineer
The Developer shall employ cngineers registered with Professional Engineers Olllario
amI approved by tbe Municipalily:
(a) To prepare designs;
(b) To prepare and furnish all required drawings;
(c) To prepare the necessary contract(s);
(<1) To obtain the necessary approvals in conjunction with the MunicipaWy, the
County l-Ieal1h Unit and the Ministry OftJIC Environment, nud others as required.
(e) To provide the field layout, the contract documentation and the full time
supervision of consullction.
(f) To mainlain ull records of construction and upon completion, to advise the
Municipality's Engineer of all construction clumges and to prepare final "as
cOl1stmcled" drawings. Digital files of the "as constructed" drawings shaJl be
submitted to the Municipal Engineer and the Municipality prior to the issuance of
the Certificate of Final Acceptance. Digital files shall be in the format of
Au(:oCAD dxf or dwg liles, coonJinates ofUTM Nad 27 zone 17 N0I1h or lJTM
Nod 83 ZOlle N0l1h with and accuracy of I meter or less.
(g) To act as the represenl:ative of the Developer in aU malleI'S pertaining to the
constnwtioll.
\0-
6
(h) To provide co-ordillution and scheduling to comply with the timing provisions of
this Agreement and the requirements orthe Municipality's Engineer, 1'or all
works specified in this Agreement.
(i) To provide celtificalion that the installation of services was in confol1nance to
said plans llnd specifications, such certification 10 be iu a form acceptable to the
Municipality's Solicitor and the Municipality's Engineer.
(j) To take such other actions as may be required by the Municipality, acting
reasonably, [or the completion of the subdivision in accordance with this
Agreement and good engineering practices.
3.4 Worl{$ to be Installed
The Works to be installed are set out in Schedule "0" to this Agreement. This schedule
is to set out the works in generaltenns only and shall not be construcd as covering all
items in delai/. I f at any time and from time to time during the developmeut, the
MUllicipulity's Engineer is of the opinion that additional works are necessary to provide
adequately any of the public services required by tJIe Plan, the Developer shall, at his
expense) constmct, install or perfonn such additional works at the request of the
Municipalily's Engineer.
3.5 Approval of Plans
The detailed pi ans and specificat ions of all services must be submiUed by the
Develuper to the Municipality's Engineer for endorsement of Hpproval and such
endorsemeut of approval shall in no way absolve the Developer or its consulting
Engineers 0 r responsibility for elTOI'S in or omissions from such plans and
sped licatiolJs.
3.6 Notification of ComllJencement
The Developer shall not commence the construction of any of the works lIntil the plan
has been registered Ilnd the Developer has provided 72 hours wl'illellllotice to the
Municipality's Engineer or his intent to commence work. Should, for any reason, there
be a cessation or intemlPtion of constmction, the Developer shall provide 72 hours
written, notification to the Municipality's Engineer before work is resumed.
3.7 .I)mgrcss of W orles
The Developer shall install all Works in a timely manuel', in accordance with the
requirements of Schedule "e" lInd this Agreement. If he fails to do so, having
commenced to illstallthe aforesaid works, fails or neglects to proceed with reasonable
speed, or in the event that the aforesaid works are not being installed in Ihe manner
rC'luired by the Municipality, then upon the Municipality giving seven (7) d<lYs written
nolice 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 cOlmecLioll with the installation of the said works, including
the repair or reconstmction of fuulL work and the replacement of materials not in
accordance with the specifications, and to charge the cost thereof together with Hn
enginccring fee often percent (10%) oftbe cost of such male rials and works to the
Developer who shall forthwith pay the same upon demand. If the Developer fails to
pay the Municipality within thirty (30) days of date on the bill, the money owing may
be deducted from the cash deposit, letters of credit, or other securities. It is understood
in the evenl that the Municipality must' enter upon said lunds and have works completed
or repaired due to situations as outlined abovc any or all original mylars and
5pecificatiolls 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
betweeu the pal1ies hereto that sllch entry upon the lands shall be as agent for the
Developer and shall not be deemed for any pUfllose whatsoever, as an acceptance 01"
assumption of the said Works hy the Municipality. The Municipality, in addition to all
other remedies may refuse to issue building pennits until such Works are completely
installed ill accordance with the requirements of the Municipality.
l')
7
Withoutlimiling the obligalions of the Developer herein, if the Developer shall default
on the performance of any tCl111, covenant or provision of this Agreement and if such
default shall continue for ten (J 0) days after the Developer receives written notice of
slIch default by the Municil>ulity (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
MunicipaJily may perfOlTIl that obligation 011 the Developer's behalf and may cnter onto
the lands constituting the Plan (or this purpose. If the Municipality is compelled or
elects to incur any expense in connection with its perfonnance of the Developer's
obligations (including any engineering or legal fees incurred in connection with such
aclions), 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 J1ulflicipaltaxes. The Developer also
acknowledges allll agrees that the Municipality has the right to draw down any Lelters
of Credit, cash or other security for the jlul]JOse of coUecling any such expenscs
incurred hy the Municipality.
3.8 ScheduJing of WOI.ks
Prior to the start of construction and prior to the issuance of building permits, the
DeveJoper shall supply for the approval of the Municipality's Engineer a Schedule of
Works selling out the order in which he considers the various sections of the works
within the Plan will be buill. The Municipality's Engineer may amend this schedule
<lnd the Developer must construct, install or per[onn the work as the Municipality's
Engineer fmm time to time ma)' direct.
3.9 Contractor
The said services shall be installed by a contractur or contractors retained by the
Developer and approved ill writing by the Municipality's Engineer.
3.10 UtlJity Costs anti Charges
The Developer shaH deal directly with aU Utility companies. He or his COllsulling
Engineer, shall obtain all approvals and pcnnits and pay all fees and charges directly to
the appropriate Utility.
3.1 I Access Roatls
All access roads IUnst be maintained by the Developer in good repair acceptable to the
Municipality's Engineer during the time of constl1lction. 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 wrillen consent of the
Municipality. To obtain such consent, the Developer shall advise the Chief
Administrative Officer (CAO), not later than 14 days prior to the 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 orany existing access road by the Developer.
3.12 Movement of Fill
The Deve/oper covenants and agrees that it shall not dump nor permit to be dumped
any fill or debris ou, nor shall it remove or permit to be removed any fill, topsoil, trees
01' shmbs from any public lands, other than roads, without the wrilleo consent of the
Municipality's Engineer. The DeveJoper fiu1her agrees that no topsoil shall be
removed from the lots and/or blocks except for construction pmposes within the
development and then such topsoil shall be stockpiled during grudiog operations and as
each building is compleled, the topsoil so stockpiled shall be replaced on the ground
around each building 10 comply with the Municipal standards, and the replacing of such
topsoil shall include all surfaces not covered by buildings. driveways or pavement
wilhin Ihe development. Excess topsoiJ may be removed ti"om lhe site with the
appmvul of lhe Municipality's Public Works Manager.
i1
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3.1,) DUlIlage to Existing Phuu
The Developer shall repair any damage caused to any existing road, road allowance or
existing stJ1lctllre 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 transfonners, cubicles and pedestals, etc.,
which may be necessary because of the dovelopmenl.
3.14 Signs
Signs at least 1.2 In x 1.8 III shall be erected by the Developer in an approved location
at each clltnlllcC 10 the Subdivision. The signs shull read as follows:
l<Roads Not Assumed by Municipality - Use at Your OWll Risk",
These signs shall be installed prior to the start of constmctioll and be removed after all
the roads have received a Certificate of Final Acceptance.
3.15 Testing
The Municipality's Engineer may have any qualitative or quantitative tests made of any
materials which have been or are proposed to be used in the cons(J1Iction of any of the
works required by this Agreement, or may require additional television camera or soil
tests to be carried out, and tbe cost of slIch 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 ally tests required by good
engineering practice.
3.16 E..osion and Silting Control
The Developer lUust take all necessary precautions to prevent erosion and
sedimenlation of sewers, ditches, culverts, slopes, elc., both within the Development
and downstream during construction and completion of servicillg. Failing adequate
precautions being taken, the Developer will be responsible for coneeting any damages
and paying all maintenance costs resulting therefrom.
3.17 Emergency Access
The Developer shall at all times during construction and development of the Works
maintain emergency access to the land to the satisfaction of the Municipality's
Engineer.
3.18 Construction Refuse and Weeds
The Developer, and each subsequent Owner of Lots or Blocks within the Plan, shall
regulclrly dispose of all construction refilse, 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 a11u sHllilary fashion. If the Developer or subsequent Owner of the LoIs or
Blocks within the Plan fails to remove and dispose of constmclion refuse, debris or
weeds to the satisfaction of the Municipality's By-law Officer, the Municipality may
give wriuen notice to the Developer or lot Owner. If the Developer or each subsequent
OWller of Lots or Blocks within the Plan fails to dispose of the rcfuse, 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 Ihe cost thereof shall be paid by the Developer or each subsequent
Owner of the Lots or Blocks within the Plan fOl1hwith upon demand, which costs shall
include all expenses incUlTed by the Municipality in cauying out such removal and
disposition. The bunting of construction refuse, debris of weeds, whether it be lhllll
site se.rvicing or house building or any other source related to the development of the
site on any lands within the Plan is prohibited.
tS
9
3.19 Dus' COIl'rol
Unti I the Final Acceptance of all Sen1ices to be cOllstl1.Jcted under this Agreemcll', 'he
Developer shull use such reasonable methud to prevent any dust problem to traffic or
home occupants as the Municipality shall deem necessary and for this purpose the
Public Works Manager sholl notify the Developer in writing from time to time of the
requirements of the Municipality.
3.20 Street Names
The Developer shall name all streets within the Land forming purt of the Plan wiUt
names approved by Ihe Municipulity.
3.21 Municipal Stt'eel Numben
(a) All Lot, Block or building numbers fur use within the Plan shall be ullocated by
the Chief Building Otlicial (CRO). To obtain such allocation, the Developer
shalllurnish the eBO with a copy of the Plan as registered upon which the CEO
will designate the proper numbers for each Lol, BJock or building.
(h) The Developer shall display by means ura legible sign at least l' x I' to be
erected on each Lot or Block within the Plan, the Lot or Block number 8S 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 llel1uit for that Lot or Block which sign sha 11
remain until such lime as the building 011 such Lot or Block is occupied in
accordance with the provisions oflhis Agreemcnt
(c) Each OWller shall cause the street number so provided 10 be placed and
maintained ill a conspicuolls position in the front of the property upon occupancy.
3.22 Blasting
The Developer ngrees tlUlt no blasting will be undertaken without the written consent of
the Municipal Engineer.
3.23 Driveways
The Developer hereby agrees that the driveways for alllols will be iu a location and
have a width and uesign as may be approved by the Municipality. Without in any way
limiting the discretion of lhe Municipality, the location of the driveways may be further
limited by special revision in Schedule "M" of this Agreement Further, all driveways
1{)f" all lots in the plan should be located in a manner that will minimize the amollnt of
snow that will accumulate in the lot's driveway_ The location of driveways is
particularly important with respect to all comer Jots located in the plan, us these
driveways entrances mllst be located as far as possible from the street comer to
mini mize the amount of snow that will block these driveways dlu"ing the Municipality's
eff0l1s 10 remove SIlOW.
Further, the Developer hereby agrees that he wiJI be responsible for, or will provide for
agreements with subsequent owners, wiUJ respect to responsibility, to complete all
driveway entrances, ('Or their fuJl width, with a hard surface consisting of asphuH or
concrete pavement. This hard surface shall extend to the edge of the municipal roud
allowance.
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3.24 COlltnmimmts
Inlhe event the Developer discovers any waste, contaminants, pollutants, hazardous
substances or any other similar substances that may be delrimentalto the environment
during the development n f the lands cOl1slituting the Plan, the Developer hereby agrees
to notify lhe MunicipaJity and the Ministry oHhe EnviroJlment immediately and lake
all necessmy steps and remedial effol1s required by the Ministry of the Environment
and the Municipality to remove such waste, contaminants. pollutants, hazardous
substances or other substances that could be detrimcntalto the environment. In taking
such action, the Developer,shall fulfill aU legislative requirements for the remediation
and cleon.up of lands constituting the Plan and shall comply with all legislative
requirements regulating the removal, transportation and disposal of such waste,
contaminants, pollutants, hazardous substances or any other similar substances from the
said lands.
SECTION 4 - ACCEllTANCE QF WORKS
4.1 Stages of Construction and Services
The Municiplllity will grant Preliminary or Final Acceptance of servicing based upon
three (3) stages of constlllction; and when tJle development is phased, within the whole
of eoch phose os approved by the MunicipaJity. Stages of constlllction are as follows:
(Il) Stage I - consists of all underground Works including storm sewers and stonn
water management facilities, sanilary sewers, watenllains and the completion of
Granular "8" road base and a portion of the Granular "A" lbr a riding surface.
(h) Stage 2 - services shall include the balance of the road works including granular,
curbs and gUller, base asphalt, grading of boulevard areas, conshuction of all
drainage swales and outlets, side.walks, installation of street and truHic signs,
conduits, piping and facilities for the completion of eJectrical servicing, street
lighting and other utilities such as gas, telephone and Cuble T.V.
(c) Stage 3 ~ services including the final coat of asphalt, topsoil and sodding, trees,
fencing ond allY other requirements of this agreement.
4.2 Inspection and Acceptance or the Works
When all of the services in any stage of sefvit:ing as identified above have been
completed and the Municipality's Engineer has been given wrillen certification by the
Developer's Engineer that such services have been constmcted 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 Ihat Ule Municipulily grant a Cel1iticate of Preliminary Acceptance. This
Certificate may include a list of minor deficiencies which the Developer must repair.
The services shalllhen be subject to a guaranteed maintenance period as described in
Section 5.1.
4.3 Nunl Acceptlluce or the Works
On receipt of a written request fromlhe Developer for final inspection and final
acceptance following completion orthe guaranteet./ maintenance period outlined in
Section 5.1, the Municipality's Engineer will complete an inspection and ifthere arc no
deficiencies, wi/) recommend to the Municipality that the Certificate of Final
Acceptance be issued. This Certificate will be issued provided that the Developer has
pHid all aecounts lo the Municipality and the Municipality is:
· Satistied the applicable services have been completely installed;
· Satisfied 11/1 rep<tirs or maintenance work on the applicable services have been
completed.
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nnd the Municipality has:
· Approved the formal certification of final completion from the Developer's
Engineer certifying that all Works and services have heen 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 seTVices is impractical due to snow cover or other adverse conditions.
4.5 Use or Worl{s h)' Mllllici,lnlUy
The Developer agrees that:
(a) The Works may be used prior to acceptance by the. Municipality, or other
authorized persons for the purposes for which such works were designed.
(b) Such use shall not be deemed an acceptance of the Works by the Municipality.
(c) Such use shall not in auy way relieve the Developer of his obligations in
respect of the constmctioll and maintenance oftbe Works so used.
4.6 Replacelllent of Survey Bars
Prior 10 the final acceptance by the Municipality, the Developer shall deliver to the
Chief Building Orticial (eBO) a statement from an Ontario Land SlIlveyor that aftcr
the completion of the work, he has found, in satisfactory condition or replaced aU
sUlvey monuments and iron bars as shown on the registered plan.
4.7 Ownership of Services
Upon the issuance to the Developer of the Cel1iHcale of Final Acceplance, 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 all owner of the lands
abutting the streets where slIch services are installed.
SECTION 5 - MAINTENANCE OF WORKS
5.1 ,Maintenallce of Works
The Developer wiU be responsible for the repair and maintenance of all services
including hydro costs for street lights, until a Cel1iticutc of Final Acceptance is issued
by the Municipality. This maintenance period shall exlend for two (2) years from the
date of the Cel1ificate of Preliminary Acceptance f()r each SllIge of the Works. During
(his mainlenance period, a 10% security holdback shall be retained by the Municipalily
in accordance with the provisions of Cluuse 9 J (e) oftlus agreement'. If during this
period, the Developer fails to COlTY out mainlenance work within sevenly-two (72)
hours after receipt of the request from the Municipality, tben the Municipality's
Engineer or )lublic Works Mmtager may, wilhout [ul1her notice, underlake such
maintenance work and the lotal cosls of such work, including engineering tees, shall he
borne by the Developer. lflhe Developer fails to pay lhe Municipalily within thilt}'
(30) days of the date of billing then the money owing may be deducled from the
deposited securities. Towards the end of the Maintenance Period, the Developer shall
make written request to the Municipality for a Liual inspection 10 be made in respect to
the issuance of the Certificate of Final Acceptance.
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5.2 Road l\'lainCeuullce
The Developer will be responsible for the maintenance of the roads until final
acceptance.
Slimmer maintenance shall include grading, dust control ami general clean-up of the
site. Winter road maintenance shall include all pluwing. sanding and salling to asslIre
proper vchiculur access within the Subdivision.
In the event that proper maintenance or snow removal is nut provided by the Developer,
the Municipality, through its servants, contractors or agents Illay provide maintenance
and/or remove snow without notice to the Developer. Such work will be carrieu out at
limes deemed to be au emergency by the Public Works Manager. AU costs of sllch
work shall be paid by the Developer within thirty (30) days or date of billing or
othelwise may be deducted from the deposited securities. The Dt::veloper filrther agrees
that any work done by the Municipality pursuant to this contract berore the roads tire
accepted by the Municipality shaH not be deemed in nny way, to be an acceptance by
the Municipality of the roads in the said Subdivision upon which such work is done.
The Developer ack.Jlowledges 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 llmllhe Developer hereby waives all claims against the
Municipality tJlat he might have arising therefrom and covenants that hc willmukc no
claim against the Municipality tl)r such interference or damage. Representation may be
made requesting that the Municipalily consider entering into 11 separate Agreement with
the Developer to undertake the winter road maintenance within the Subdivision.
5.3 Emc."gellcy Repnks
Employees or agents of the Municipality may enter onto the Laud ,It uny time or lI'om
time to time for the purpose of making emergency repairs to any of tile WOI'ks. Such
entry and repairing shall nol be deemed an acceptance of any of the Works by the
Municipality or nn assumption by the Municipality of any liability in connection
therewith or a release of the Developer fi'Olll any of hjs obligations under this
Agreement.
SECTION 6 ~- J)RAINAGE AND LANDSCAPE DESIGN
6.1 Draillage
All Lots and Blocks within the Plan and ulllands abutting the Plan shall be graded to
drain in accordance with the Drainage Plan as approved by the Municipulity's
Engineer. Jt is understood and agreed by the parties hereto that the drainage or surJnce
waters on the Lots and Blocks in the Plan, arc the sole responsibility of the Developer
and subsequent pm'chasers, and they shall to provide and maintain adequute drainage of
sllch surface works. Satisfactory drainage oullets shall be provided. Drainage outlets
shall be constl1lcted fmm the limits of the Subdivision to a sufficient outlet in
accordance with the approved engineering drawings,
(J.2 lJresel'y..tiou of Trees
The Developer shall strive to preserve healthy trees, except for the actual area o[
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 pennissioll.
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6.3 l..ots lJnsuilnble for Building
Any lot which will require special auention in order to be serviced will be listed jn
Schedule "F" oUhis Agreemenl. Prior to the issuance ofa building pennit ror any lot
listed in Schedule "F", the Developer's Engineer must submit a letter to the
Municipality's Engineer outlining Ule measures to be tokcnto correct the problems on
the lots. This proposal must be approved prior to applying for a building permit.
6.4 Lot Grading
All Lands shown within the Plan shall be graded in general conformity with the Lot
Grading Plan, inCluding fill and excavation as required for the full width amI length of
the grades and levels, and to the specifications, requirements nnd satistaction ofthe
Municipality's Engineer; provided thllt for residcntiiJl Jots ano blocks, grading must be
brought within zero decimal five (0.5) metres ofthe tinal grude and such further
residential developmcnt may complete the gmding. All work done by the Developer
lHuslbe of slIch a nature as to ensure that the inl'egrily tlnd intent orthe overull grading
plan is fUllctionaluntillhe lands are fully developed.
(aa) Obligaatiolt to Grade According to Lot Gntding Plait
The Lands shall not be graded except in general confonnily with the grades
and elevations shown on Ule Acceptcd Gmding Plan, The Nail shall bear the
sigmllure and seal of an Ontario Professional Engineer holding a Certificate of
Authorization from Professional Engineers Outario or who is employed by a
parlnership 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 aUnched
to the Agreement or tiled with tbe Municipality's Engineer.
(h) eel'tifted Building Lot Site Plan
Subject to Section 8.9 herein, no builJing shall be constructed on a Lot or
Block withillthe rlan until a Building Lot Site Plan cerlified by a Regislered
Ontario Land Surveyor or Professional Engineer bas been filed with and
!!J2proved by the Chief Buildiug Official of the Munieipalily. The Building
Lot Site Plun shall show:
· the proposed finished elevation of these lands at each comer of the lot or
block;
· the proposed finished elevation of these lands atlhc front 8ml. rear of the
building;
· the proposed finished elevations of the undersiJe 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 proposcd finished elevation and slope of any driveway and the
proposed location of any swale or rear yard catch basin;
· lhe location of eavestrough downspouts; no downspouts will be allowed to
discharge in a sideyard between residences;
· any abmpt changes in the proposed finished elevation oflhcse lands;
· the service locations and the invert elevations of all municipal services
· the; Lot and Registered Plan number, the municipal address for the subject
Lol or Block and the proposed locatioll of the building UlCreon in relation
to the Lot or Block boundaries.
The Developer llereby agrees that the existing properly line grades abutting
developed lands are not to be altered or disturbed, except as approved
otherwise by the Municipality's Engineer.
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The Developer shall complete sllch other actions as may be required by the
Municipality, acting reasonably, to ensure that the subdivision is developed in
accord.lllce wilh lbe terms 0 f this Agreement and good engineering practices.
(c) Owner's Final Grading Ccrtilica(e
· The Owner's Final Grading Certificate must be completed in the fonn
allached as Schedule "G" bearing the signature and seal of a Professional
Engineer or Registered Ontario Land Surveyor that the actual finished
elevation and grading oftbese lauds generally conform with the Lot
Grading Plan and the Certified Building Lot Site Plan.
. I f occupancy occurs between November I and May J I next and an
Owner's Final Grading Certilicate is llot filed prior to occupancy with the
Municipality's Chief Building OtliCilll, then the Owner shall provide IlIe
Municipality's Chief Building Official with a written underlaking to lIIe
the said Owner's Final Grading (',ertificate with the Municipality's Chief
Building Official by the following June 1.
· When the Owner's Final Grading Certificate is accepted by the
Municipality's ChicfBuilding Official thaI 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 retumable 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 ofthe Municipality, and the Owner fails to make
sllch rectification when so iustl1lcted by the Municipalily, the
Municipality may, at its option, undertake Ihe correclion of such drainage
nnd all costs over and above the two thousand, five hundred dollar
($2,500.00) deposit shall be charged back to lhe Owner and shall include
a management fee of 15% of the cost o[ labour and material shall be a
charge against the Lol or Block [or which regarding was carried oul and
shall be payable fOl1hwith. The Owner agrees that neilher it nor its
successors or assigns will alter the grading or change lhe elevation or
contour of the Land excel)l 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 Lol Grading Plan
and the Certified Building Lot Site Plan, no change shall be made to the actual
fjuished elevation and grading of tIle building Lot or Block in any way that
resulls in a material alteration of drainage on or across Ule building Lot or
Block or adjacent lands fium that shown on the Lot Grading Plan for the
adjacent lands or Ihe Owner's Final Grading Certificate for tIle building Lot or
Block.
(e) Prevention of Surface Wat-er Flow
The Developer and each subsequent owner shall nol block, impede, obstmct
or prevent the flow of surface water as provided for in the Drainage Phm, lhe
Lot Grading Plan or the Certified Building Lot Site Plan over any Lot or
Block by the constmction, erection or placement thereon of any damming
device, building, stl1lcture or other means.
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(f) Erosion Control
The Developer shall construct silt [euces or other facilities as required during
consbuction to control overland nows frolllthis Subdivision to ensure thut
mud, sill, cOllstmction debris, etc. does not adversely affect abulling
properlies, 01110 the specifications of tile Municipality's Engince.-.
(..5 Maintenance of Lot Grading
AU lot grading and drainage facililies and works required by Section 6 or elsewhere in
this agreemenl shall be provided and maintained by the Dcvdopcr or subsequent owner
of each individual lot from time to lime, in perpetuity at such party's sole lisk and
ex pense"
Should, for anyrenson, the Developer or subsequent Owner luil to maintain that lot
grading, they acknowledge that the Municipality, in recdving certified lot grading
certificates as required in tbis agreement, absolves ilselfof i.lllY f1ll1her interest or
responsibility for such lot grading save amI except for those works on registered
easements.
SECTION 7 - LANDS TO BE CONVEYED
7.1 Ll1J1ds fOl' Municipal Purposes
The Developer shall convey in fee simple a good title free {rom encumbrances to the
Municipal lands for municipal purposes other {hau roads, whh.:h 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
lor the said lands arc 10 be approved by the Municipality's Solicitor and thereatler
furlhwith registered and deposited with the CAO. The cost for preparation and
registration oflhe said deeds shall be paid by the Developer. A list of lands for
Illunicipal purposes to be conveyed to the Municipality shall be set out in Schedule "11"
of lhis Agreement.
7.2 Easements
The Develuper llgrees to grant at his expense all such casements and righI-or-ways as
may be required for the installation nnd supply of services 10 the Subdivision. A list of
easements and right-of-ways to be granted (0 the Municipality shall be set ouL in
Sl.:hedule <<fI" of this Agreement
7.3 Turnillg Circles
The Municipalily may require Ole installation of tcmporary tuming circles. Whe'"e such
are required, the Developer shall convey the appropriate blocks to the Municipality for
the purposes of providing tJIe Municipality with sutTIcielltlond to construct said turning
circlc(s). The block(s) conveyed to the Municipality shall only constitute that portion
of land required by the Municipality lor (he actual roadway of the turning circle. The
tempormy tUllling circle shall be constmcted in acconlanct with Schedule "e" of this
Agreement. The Developer and the Municipality acknowledge thai the hlock(s)
convt:yed to the Municipality [or tuming circles shall be reconveyed to the owners in
lhe event that the street is connected in the fllture. Such conveyance nnd reconveyance
of the block(s) shall be completed ntno expense to the Municipality. A list of said
blocks is included in Schedule "II" of this Agreement.
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SECTION 8 - ADMINISTRATION
8.1 Voiding Agreement
In the event that the Plan is not registered within one year from the dat~ of the signing
of this Agreement, tJle Municipality may at its option declare this Agreement to be null
ami void. All costs incurred shall be deducted from the deposit paid by the Developer
to the Municipality pursuant to this Agreement or any other agreement between the
Developer and the Municipality referred to herein.
8.2 Oevcloperts Elflense
Every provision of this Agreement by which the Developer is obJigated in un)' way
sllllll be deemed to include the words "at the expense of the Developer" and "as
approved or ..ccept~d by the Municipality", unless specifically slated otherwise.
8.3 Phasing
(a) The Municipality IUllY instmct the Developer to constmctthe Works in particular
phases suilable to it and the Developer must comply. If the MunicipaWy does
1I0t so instmctthe Developer, before commencement of any of the Works, he
may request (he Municipality's pennission to divide the area into convenient
phases.
(b) If the construction of the Works is to be phased, then in lieu of fumishing
securities as required by Section 9 ofthis Agreemenl for the whole of the Works
the Developer may fumish lhe required securities for lhat pmt of the Works (0 he
constl1lcled ill each phase(s).
(c) The Land upon which the Works is to be constl1lcted ill a future phase shall be
made subject to a specific Holding Zoning ("1-]") provision hy means ora by-law
to be passed by the Municipality under Section 36( 1) of tJle Planning ACI, R. S.
O. 1990 c. P. 13 Ilt the Developer's expense.
(t1) Prior to the commencement oCthe construction orthe Works withillthc Land
made subject to a Holding Zoning ("I I") provision and after the deposit with the
Municipality of the securities as set out elsewhere in this Agreement for sllch
Land along with u written request from the Developer, the Municipality shall at
the Developer's expense pass a by-law under the saki Section 36 to remove the
Holding Zoning ("H") provision.
(e) Before proceeding with an additional phase the Developer shall obtailltbe written
approval of the Municipality and no Works shaH be permilted to be installed and
no building pemllts issued until this approval has been given in writing by the
Municipality.
(f) Subject (0 Section 8. I 5 herein, COllllllencement of construction within subsequent
phases ot' this subdivision, or other suhdivisions 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 hannless tbe Municipality against all actions,
causes of action, suils, claims and demands whatsoever which may arise either directly
or indirectly by reason of the Developer undertaking the Plan.
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8.5 Immrallcc
The Developer shall insure against all uamages or claims fi.>r d~lmage in an Insurance
Cumpany satisfactury to the Chief Administmtive Ofilcer (CAO). Such pulicy or
policies shall be issued ill the joint names of the Developer, the Municipality and the
Municipality's Engineer ami the toml 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 insmance
policy SIUlll include a provision that requires the insurance company to provide the
Municipality with thirty (30) days notice of temlination of such policy. The policy
shnll be in etfect tor the period o[tbis Agreement including lhe period guaranteed
maintenance pllrsuantto Section 5 of this Agreement. The issuance of such a policy of
insurance shaU not be construed as relieving the Developer from responsibility fur other
or larger claims, if any, for which he may be held responsible.
8.6 Leg:.. 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 dfective as of the dute
of the deposit hereof in the Post Office.
8.7 Ucgistratioll
The Developer consents to the registration of [his Agreement upon the tiUe to the Land
both before and after registration oftbe Plan at the sole discretion of the Municipality
and ntthe expense ofthe Developer.
8.8 Mor.gageslEncllmbrallces
The developer covenants and agrees to obtain and registcr, ilt its sole cost and expense,
a poslponemcnt from each encumbrancer with a charge registered against title to the.
Land (or pl.llt thereoO so that notice of this agreement shall be registered in priority to
any such charge.
Further, the mor1gngee, 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
hen.:of in the same malUler as if the assignee or transferee had executed this Agreement.
8.9 Rc()uiremellts for Building Pcrmits
The approval of the Plan by the Municipality or the acceptance by the Municipulily (If
the Works shalll10t be deemed to give any assurance that Municipal huilding permits,
when applied fin will be issued in respect of the Lots or Dlocks shown on lhe Plan.
Notwithstanding the foregoing, the Developer agrees that it, or nnyone claiming titled
from it or under its authority, sholl not apply for any building pClluits for Lots or
Blocks within the Plan until all requirements hereinafter set out have been carried nut to
the satisfaction of the Municipality. It is agreed that a copy of this Section 8.9 shall he
delivered by the DeveJoper to each and every Purchaser of Land within the Plan and to
each amI every Builder obtaining a Building Penuit for any Lot or Dtock or part of a
Lot or Block within the Plan and the Developer shal) extract a covenant similar to this
covenant from all such Purchasers and Builders. The Municipality shall have the righl
to refuse any such application until:
(a) Preliminary Acceptance has been granted by the Municipality for Stage I
servicing for that phase of the Subdivision.
(b) The Developer has provided sufficient documentation to the Municipality's
Engineer cOllfimling that electrical distribution and street lighting and the
remaining underground services, telephone, cub]e Lv., and gas arc being
scheduled Jor installation; and wiJI be completed within six (6) weeks or the date
of issuance of the building permit.
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(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"
heret (l.
(d) A certificate has been given by the Municipality's Chief Building Ofliciul that
the huilding location is in compliance with the zoning bywlaw of lhe
Municipality.
(e) The signs denoting "U1l8ssumcd RoaJs" have hecn installed at the entmnces to
the Subdivision.
(I) All dead trees within the limit aflhe Plan have been removed.
(g) All :itrecl identification signs required by this Agreement huve been insllllkd anti
are in place;
(h) Payment to the Municipality ill the amount of $2,500.00 as a Works Damage/Lot
Grading Compliance Deposit (herein "Damage/Lot Grading Deposit") per Lot or
Block ill the Plan of which the sum of $1 00.00 is nOlHefimdable.
The bulance of the Damage/Lot Gmding Deposit shall be refundable in whole or
in pari after the building has been constructed, an Owner's Final GnuJing
Certificate has been filed with and accepled by the Municipali1y's Chief Building
Official and the required selvice cOlU1ections have been made and aH damages to
the Works which fonll the subject matter of this Agreement fcsulling from house
building and/or landscaping activities on IlIe subject Lot or Block have been
repaired to the satisfaction of the Municipality's Chief Building Omcial and
Municipality's Works Superintendent.
(i) With respect to repait- of damage to tlie 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 Munjcipality's Works Superintendent, the Municipality
may, at its option, undc/1ake the repair of such damage and all costs over and
auove the $2,500.00 deposit shaJl be charged back to the Owner and shall include
a management fee of 15% of the cost of labour and material. This shall be a
churge against the Lot or Block for which repairs were cUITied out aud shaH be
payable forthwith.
U> Payment to the Municipality the llmount of the current applicable Development
Churge(s) per Lot or Block in the Plan under the Development Charges By-Jaw of
the Municipality, or The Water and Sewer Contribution to Capital PoHcy.
(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 iu this Section 8.9 are in
addition to and not in substitution oftlte requirements of (he Ontario Building
Code Act as amended and regulations thereunder with respect to the issuance of
Building Permits.
8.10 Requirements for Occupancy
Subject to Section 8.11 herein, no building erected on the Lots or Blocks within the
Plan shall be occupied until a Certificate of Inspection re: Rendiness for Occupancy
has been issued hy the Municipality's Chief Building Official ami the said Certificate
shallnol be issued until:
(a) Preliminary Acceptance has been granted for Stage 2 selvicing [or the phase of
the Subdivision including the Lot or Block.
(b) The roadway from the entrance of the Subdivision to and including (he lot or
block of which (he building is a part, has received the base course asphalt.
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(e) The clcclrical dislrihuli.on plant including street lighls have been installed and
approved hy the Utility.
(d) The trame and street signs have been instulled and approvro hy the
Municipality's Engineer.
(e) Subject to Section 6.4 (c), the final grading of the Lot or Block is in conformity
with the overall grading plan or such variances therefi-om as have been approved
by the Municipality's Chief Buildiug Official pursuant to Section 6.4 (c).
(0 The telephone Hnes, cable T.V. and gas mains have been inslillled 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 suhstitution of the requirements of the Ontalio Building
Code Act as amended and regulations thereunder with respect to cerlilicates for
occupancy.
8. J t Special Building I~ennits / Model Homes
Pursuant to Section 8.9 building pemlits are not oblainable until cCI1ain services are
instnlled and approved by the Municipality's Engineer. The Municipality agrees that if
the Developer or Owner wishes to obtain a building pelmit prior to Ule installation of
services, liS set out in Section 8.9, a pennit may be issued provided the Developer or
Owner has executed a No-Occupancy Agreement (Schedule "I") and the Municipality
lllay require a deposit or Letter ofCredil as a guarantee of no -occupancy. In the event
(hat the Developer or Owner fails to meet all the requirements set out in Section 8.9 or
8.10 for llllY building pennit that is issued pursuant to the Developer's delivelY of a No-
Occupancy Agreement, the Developer hereby acknowledges that the deposit shall be
illllllcdiat:cly Jorfeited to the Municipality. Such fc1ilure to meet the obligations sllall
eonstitule a breach of this Agreement and the Municipality mny immediately draw
down till)' 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.
8.12 Right to Enter ioto an Agreement
The Developer agrees not tn call into question directly or indireclly in any proceedings
whalsoever in law or in equity any administrative tribunal, the righlto the Municipality
1'0 enter inlo this Agreement and to enforce eRch and every tenn, covenant and
conditiol\ herein contained and this Agreement may be pleaded as an estoppclngainst
the Developer in any such proceedings.
The Developer acknowledges dlat the Municipality is entering into this Agreement and
approving the Plan Oil the express representation ofthe Developer that it and its
successors amI assigns shall observe and perform all the provisions of this Agreement
amI thallhe Municipality is of the opinion that the Plan would nol be in the public
illterest if the Developer, its successors and assigns, the owner or owners from time to
time of the land within the Plan were not obligated to observe and perfonn all the
provisions hereof except to the extent the Municipality may lawfully change them.
8.13 Successol"s nud Assigns
The covenants, agreement, cOlldilions, and undertakings herein conhlined on the part or
the Developer shall run with the land and shall be binding upon it and upon iI's
successors and assigns as owners and occupiers of the said lands from lillle to tillle.
8.J4 NotificaHoJ1 to Purchaser
The Developer shall in evely Agreement: of Purchase and Sale or Offer to Purchase
pertaining to lln)' Lot or Block within the Plan notifY each purchaser of all of the
payments to be Ulade by the purchaser to the Municipality pursuant to this Agreement
find all of the provisions of this Agreement which shall continue in force after the
completion of the sale. Further, the Developer sball furnish a list of those services
included in the purchase, specifying those installeu and those to be installed at no
additional cost.
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8,] 5 Scbcduling, Progress and Completion
The Developer shall commence construction of services within eighteen (18) mouths uf
the signing of this Agreement or the registration oflbe Plan whichever is earlier.
Within eighteen (l8) months of the date of commencement of the servicing of any
plmse, the Developer shall complete the installation of the Stage I services. In allY
phase, the top COilt ()faspha1t shallLJe completed within twenty-four (24) months of
preliminary accepta'nce of Stage I of the services; unless written consent alLering 11li9
condition is received ti"Oll1 the Municipal Engineer. Failure to adhere to thc above
schedule may result in the Municipality completing the Works in accordance with
Section 3.7 of Ihis Agreement. If the developmenl 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 inlhe Municipality declaring this Agreemcnt to be null and void, Dntl the
Municipalily I11UY deem the property not to LJe a Plan of SuLJdivision.
8.16 No Municipal Liability
This Agreemenl and the provisions herein do not give the Developer or any person
acquiring any interest in the land within the Plan (each hereinaller in this clause called
"such person"), any rights against the Municipality or the Municipality's Engineer wilh
respect to the failure of the any such person to perfonn any obligations under this
Agreement or the failure of the Municipality to force such person lo perform any
obligations under this Agreement or any negligence of any such person in the
perfomulIlce 0 f the said obligations.
The only duty and responsibility ofthe Municipality's Engince." arising Ollt 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 parI: of the Municipality's Engineer to the Developer or any
person acquiring any interest in the land within the Plan.
8. t 7 Assignment
The Developer shall not assign Ihis Agreement withoul the prior written consent of the
Municipality, which consent may be unreasonubly with.held.
8.18 Conflict
In the event of any conflict between or alllong the plans and specifications relating to
the construction of the Works, the Municipality's Engineer shall dedde which
provisions shall prevail.
8.19 Seve."ability
I f any term, covenunt or provision ofthis Agreement shall be fuund or declared by a
Court of competenl jurisdiction to be invalid, unenforceable Of ultra vires, such term,
convenanl' or provision shall conclusively c..Ieemed to be severable from all other terms,
covenants anc..l provisions of this Agreement and the remainder of this Agreement shall
be and remain in full force and elfect.
8.20 Ameudment
Without in any way limiting the rights of the Municipality, the Developer agrees that
the Municipality may, with the consent of the Ulel1 registered owner of any land within
I.he Plan, amend this Agreement insofar as it specifically affects such land or any part
thereof.
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8.1.1 Further Assul'Quces
The Developer agrees that it shall and will. 011 (he 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 satisty
the intention of the parties as set oul in this Agreement.
8.22 .Joint aud Several
Alltcrms, covenants, provisions and obligations of the Developer in this Agreement
shall be joint and several.
SECTION 9 - FINANCIAL PROVISIONS
9.1 Development Charges, Draillage aod LoeallmprovclIlent Charges
Development Charges shaH be paid in accordance with the current Development
Charges By-law of the Municipality.
The Developer agrees to pay for 1.111 arrears of taxes outstanding against the property
herein described before the approval of the said Plan is obtained. The Developer
lhrther undertakes and agrees to pay all taxes levied ollthe said lands 011 the basis and
in accordance with assessment and collector's mil eotdes ulltil such time as the lands
hcreilllJeing subdivided have been assessed and entered on the ColJector's Roll
according to the Registered Plan.
Betore the Plan is approved the Developer agrees to commute ami puy all charges made
with respect to the Drainage Act. the Local Jmprovement Act, and the Municipal Act.
including bot not limited to charges or rates outstanding in respect of Ihe Lands under
any sewer rate and/or water rate by-law which are assessed against the property on the
Plan. Before the Plan is approved the Developer agrees to commute and pay the
Municipality's share of any charges made under the said Drainage Act, the said Local
Improvement Act and the said Municipal Act presently servicing this property and
assessed against it.
9.2 Seem'Uies
Prior to registering this Agreement, the Developer shall deposit with the Municipality
to cover the faithful perfonnance of the contract for the installation of the said services
and the payment of all obligations and contingencies arising thereunder the folJowing
secUI"itics:
(a) Cash in the amounl oCOne Hundred Percent( 100%) of the eSlimated cost of the
said all works as set oul in Schedule "En and as approved by the Municipality's
Engineer and Municipal COllllcil. or
(b) An irrevocable Leller of Credit from a chartered bank, issued ill foml and content
satistactory to the Municipality's Solicitor, in the amount oCOne Hundred
'Percent (100%) of the estimated cost oCa1l works as set out in Schedule OLE" and
as approved by the Municipaljty's Engineer or
(c) Some combination of cash and Letter of Credit, (olaling 100% of the Schedule
"E" estimate.
(d) Prior lo deposiling the secUlilies. Ute Developer's Engineer shall submit an
estimate of the cost of U1C Works to the Municipality's Engineer filC approval.
When the cost estimate has been approved it wiIJ be set out in Schedule "E" of
this Agreement and wiJI become the basis for the limits of these securities.
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(e) All Letters of Credit shall be lor a minimum guaranleed period of one (I) year or
such longer time as the Municipality may decide. AU Lctters of Credit referred
to in this Section 9.2 shaH contain the fi.)llowing clause:
"It is a com/ilio" '?f the I,etter of CrediJ that it shull be deemed to b(~
mllolllatica/(p e:'\tl!lIded withoul amendment from .vcar lO,Fear/mm the preseJ/t 01'
(IfIy./itfltn: c.Ypil'Cltio/l dOle theret!!.' unless at lenst thirty (30) days prior to the
present or 1111J'fiIlUI'i! expiration date, we Ilolifj' you ill writillg by registered mail
that ll'e elect lIot to consider thi.v Letter ofCI'i!ditlo be ronewableIof' "")'
additioJlul period. ..
(t) Unless each and evelY Leuer of Credit is reneweu as noted above, the
Municipality shall have the absolute right to refuse to issue building pennits and
to prohibit occupancy of homes, whether partially or fully completed. from the
said date thirty (30) days prior to the expiration of that Letter of Credir.
9.3 Reduction of Securities
An application for the reduction of the security on deposit with the Municipality
pursuant 10 Seclion 9.2 herein may be made no earlier than thirty (30) days aner the
commencement of construction of the Works and eveJY lllh1y (30) clear days thereafter.
(a) To obtain a reduction in security the Developer shall file with the Mnnicipality's
Engineer a written application in accordance with Schedule "J" attached hereto.
(b) The upplication shall include wrilten confirmation from the Developer's
Engineer:
· describing the Works constructed as at the date ofthe application and a
calculation of the cost thereof.
· conlil1nhlg that the Works have been installed by the Developer with full
tillle supervision orthe Developer's Engineer and in accordance with the
recluirements of this Agreement and schedules hereto.
· describing the Works remaining to be completed as at the llale of the
application and a calculation of the estimated cost thereot:
(c) The value of the reduction shall be determined by the Municipalily's Engineer
who shaJl give a certificate to the CAO and the Developer confirming the amount
of the reduction of the security and the amollnt of the security rt~l1laining 011
deposit with the Municipality.
(d) The value of the reduction shalll>e based upon the value oflhe Works remaining
to be compleled by tlte Developer plus ten percent ( I 0%) of the value of the
Works completed to the date orthe application.
(e) Subjeclto any outstanding deficiencies or contingencies, the Municipality
throughout the maintenance pcriod shall hold as security the greater of ten
percent ( 10%) of the estimate of the cost of tbe Works as sct out in Schedule "E"
or twenty Ihousand dollars ($20,000.00).
9.4 Statutor)' Declal'lltion of Accounts Paid
The Developer agrees that upon applying fill' a discharge of securities or for a
Certificclte of PreliminaJY 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 exceptllom181 guarantee hoJdbacks and that there are 110 claims for liens
or othclWise in cOllnection with such work done or materials supplied for or on behalf
of the Developer in connection with the Subdivision.
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9.5 The COlIs(rucf:ioll Lien Act, R.S.O. 1990 c. C.30
The Developer agrees that it wilJ hold back in its payments to any Cuntractor 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 wjJJ otherwise indemniJy amI save hallTlless the
MunicipalilY against any claims, actions or demands for constmcl.ion liens or otherwise
in connection with the works and all costs in cOllnection therewith, and Oil tbe dcmumJs
of lhe Municipality's Solicitor will forthwith take such steps to immediately discharge
all Liens upon the services.
Notwithstanding anything to the contrary contained in tillS Agrecment, the Developer
hereby agrees that the lilillg of any liens pursuant to the said Consln/ction Lien Act,
with respect to the land described in Schedule "A" attached bereto, shall constitute a
def;:\lIh by Ihe Developer of the tenllS ofthis Agreement and shall enlille the
Municipality to draw on any or all of the securily referred to in Section 9.2 of this
Agreement and 10 utilize saki draw to make payment into Court of the holdback
together with costs.
9.6 Pa.iiul Release
Upon completion of aU the requirements of Ihis Agreement, lhe Municipality will
execule a partial release of tIus Agreement, which partial release shall be in the form
nllached hereto as Schedule "K". The completion anti registration of such ])31ti81
release shall constitute a full and final release of Ihe obligations of the Developer, with
the exception of lot grading requirements included in Section 6 oObis Agreement, as
established hereunder with respect to the lot named Iherein.
Notwithstanding the foregoing, the CAO shall not be required to execute a partial
release untillhe various services have been completed in accordance with lhe tenus of
this Agreement and the plans and specificalions provided for herein.
SECTION to - SPECIAL PROVISIONS
10.1 The Developer and the Municipality agree that the provisions sct forth in the allaehed
Sehcdule "M" form an integral part ofthis Agreement.
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S~CTION 11 -SIGNATURES
THIS AGREEMENT shall be binding upon and inure to the benefit or the parties hereto
and their respective heirs, executors, i:ldministrators, successors ami assigns.
IN WITNESS WHEREOF the parties hereto have ex~uted .this j\greement.
SIGNED, SEALED AND DELIVERED this (p<tV day of ~ A.D. 2006
IOMES LTD.
L_
( Presi{ , III vins
( I1We have authority to bind the CorpoJ1l1ion
(
( TIlE CORPORATION of TilE MUNICIPALITY OF
( KINCARDINE
~~tt~
,
( Mayor
~~~)"-- ~ ~J o/\/'.~ F
( Chief Administrative Officer
(We have authority to bind the Corporation
Developer's Aduress: #6783 Wellington Road No. 34. R.R. #22. Cambriuge. Ontario N3C 2V4
Developer's Telephone: 519M658-6656
Developer's Facsimile: 519~654h9746
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SCHEDULE " A" OF AGREJel\fENT
NOTE: It is understood and agreed lhallhil) Schedule [onus part of tile Municipalily's
Agreement.
DESCRIPTION OF LANDS BEING SUBDIVIDED
In the Municipality of Kincardim: (fomlerJy Town of Kincardine), County orawee, Province or
Onlario, heing composed of:
^1I11f Dlock 8, Registered Plan M-35, Town of Kincardine, and Part of Park Lot 4, West of
Saugeen ond Godcrich or Huron Road, TOWlllllot of Penelangore, Town of Kincardine.
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I
02/01/2007 11:30
519-881-3595
WAEOfTER, MAGWOOD
PAGE a1/01
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SCHEDULE "B" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule fonns part of the Municipalitts
Agreement.
PLAN OF SUBDIVISION 3M-ZOO (a copy of which can be viewed at the Registry
Office in Walkerton and at the office of Municipality of Kincardine.
"
R e c e i v e d T i me F e b. 1. 2007 11: 34 AM No. 0664
j)
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SCHEDULE "cn OF AGREE^,'HNT
NOTE: II is understood and agreed that this Schedule for1l1s part of the Municipality's
Agreement.
MUNICIPAL SERVICING 81' ANDARDS
1.0 GENERAL
Service Layout Piau
A copy ofthe General Plan shall be submiued to the Municipality identifying the
propused locutions of BeU Cables, electrical servicing, gas majm~, cu-axiul television
cables 3s well as watermoins, stonn 5cwens and sanitary sewers. Alllocotions must be
established and resolved by the Developer's Engineer in cOluunction with the Utility
companies and [ollowing the locations shown onlhe Municipality's Typical CroS8-
Section.
2.0 PLANS AND DRAWING REQUIREMENTS
Plan iUJd profile drawings must be prepared in a digital fotmat, which is compatible with
AutoCAD Release 14, and on velum or mylar, for all new streets within the Municipality.
These digilized tiles and drawings, and also digitized files and drawings showing details
of special structures, etc., shall be prepared by a Professional Engineer and fumed 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 mllst be shown to the geodetic datum which is noted on each
drawings.
(b) In general, East-West streets shaH have zero chainage at their Westerly limits and
North-South streets shall have zero chainage at their Southerly limits. Chainages
un Plan and Profile shaH increase from left to right.
(c) Drawings shall be ofa consistent size - 594 mm x 841mm.
(J)
Scales shall be as follows for drnwings:~
General Layout Plan Scale Ratio
Plan~Profile Drawings Horizontal
Vet1ical
or Horizontal
Vertical
Ratios shall be shown on all drawings.
- I : 1000
- 1:250
- 1 :50
- 1:500
-1:100
(e) When the plan must be broken because of curvature, elc., the profile shaJl be
broken as well, so that, insofar as possible, chainage points in plan and profile
will coincide vertically.
(0 The beginnings and ends of curves must be shown on the plan and profile with
[he radius of curvature shown on the plan. Chainagcs of points of curvature shall
he calculated.
(g) The ehainage and names of intersecting streets shall be shown in plan and profile.
The drawings shall show clearly the pmposed profiles, road widtllS and cross~
sections, ditches, ditch gradients, cnrb gradients if different fi'olllthe proposed
services, north sign and limits of the proposed work. The plan shall show any
required oCf-street drainage and separate profiles shall be prepared for drainage
easements. All detail for intersecting streets inclUding grades must be shown fur
a distance of 50 metres from the intersection of lhe intersecting street. A II street
lines, fur drninage or services, shall be shown and all easements.
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(h) The Municipality shull be named in the titJe 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 hAs Recorded" and dated before tuming over to the
Municipality. The Municipality shaH be consulted as to the mauner of showing
il1formatiollnot set out in these requirements. The Developer's Engineer shall
add his Professional Engineer's seal to all linnl drawings.
3.0 ROADS (URUAN)
3.1 General
All roadways sllClll be serviced by storm sewers nnd concrete curb and gutter. Road
allownnces shall be a minimum of 20 metres wide. The edge of Ihe roadway paved
surface shall have a minimum radius 01'9 metres at intersection. Access roads not owned
hy the Municipal ity, 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 cun'cs shallll1eet Ministry of
Transportation (M.T.O.) requirements.
Street allowances on cul-de-sacs are (0 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
cross fall of 2% from the centerline to each curb Jine, and the boulevards shall have a
linished crossfall of a minimum of 2% and a maximum of 8% from the top of curb to
back of boulevard, draining towards the curb.
3.2 Clearing and Grubbing
Trees shall be removed so thut the specifications for sight distances, grading, ditching,
elc., may be mel. All stumps, logs, brush, boulders, debris, etc. shall be removed from
lhe entire street allowance. Unless noted otJlelwise, all healthy trees not obstmcting
visibility or installation of services shall be preserved. The Municipal Engineer may give
speciul permission to leave trees on the street allowance, providing that they are situated
more than 1.5 metres behind the curb.
3.3 G..udiug
A 2 metre boulevard area behind the curbs shall be graded at a minimum of2% towards
the curbs. The arcn ti.OI11 the edge of the road boulevan.l to the streelline shall be graded
with u side slope not exceeding a slope of 3 metres horizontal to I metre vertical (0 meet
the original ground. All side sloped ditches and boule.vards to the street line shall bc
protected with nurselY sod over a minimum depth of 100 mm of topsoil.
3.4 noad Constl'uction
All road construction shall conform to applicable standards of the Ontario Provincial
Slalldmd Specifications (OPSS) and the Ontario Provincial Standard Drawings (OPSD).
The granular road base shall consist of a bottom course of 300 mOl minimum depth
consolidated Granular UB" full width across the roadway and a top course of 150 nun of
Granular "A" full width belween concrete curbs. The glanular materials shull be spread
in layers of 150 m1l1m8ximum compacted deptbs, 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 pedestlian traffic, including dust control by calcium chloride and renewed if required
It) the satisfaction of the Municipal Engineer.
Road subdrains shall be provided in accordance with OPSS 405.05. The subdrain shall
incJude filter wrap (nOll-woven type) Class I and F.O.S. Of 130 -- 100.
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3.5 UoadmlY Bu.-fuec Al'jllhult
As soon as the grnl1ular base has been completed. it shall he thoroughly compacted and
shaped Elml the hase course of asphaU placed. The hase course shall consist of 50 nUll
minimum thickness ofllL-4 Basc Coursc A:1pholl. The swface coat of asphalt may be
placed upon the approval of the Municipal Engineer which shall not be given for at least
one year [rom [he date of placement of the buse course of asphall or until 50 percent of
the houses have been constructed. The surface course asphalt shaJl consist of 40 nun
minimum thickness of HL-3 Surface Course Asphalt. Asphalt work shull conform in all
respects to OPSS 310.
3.6 Curbs
Concrete curb and gulLcr, of cross-section approved by Ihe Municipal Engineer, shall be
provided along al/ edges of paved roadway surface. Tcnllinations at the limits of the
subdivision shall be either joined to existing concrete curbs or rounded to reduce hazard
10 traffic. Constl1lctiol1 shall confoml to OPSS 353.
3.7 Accessibility
As pm1 of construction of any concrete curb and gutter, sidewalks or olher surface
structures, the Developer will be responsible for constmction in accordance with the
Municipality's CU1TCIlt accessibility standards to provide full access where possible, to aU
individuals in the community.
3.8 Drh'cway Aprol1s
The Dcveloper will provide at each driveway, or will cause to be provided by subsequenl
Owners, a driveway apron from lhe back of the curb to the tace of the sidewalk or where
there is no sidewalk, to the limit orthe property line. This driveway apron should be hard
surfaced with either 50 I1Ull o[ asphalt pavement or a minimum of 100 mill of concrete
pavement over the granular base, consisting of a minimum of 100 mill of granular "A"
and 200 film of granular "a". Altemalives to these surfaces may be considered subject to
the approval of the Municipality.
3.9 Turning Circles
Where construction is phased, the Municipalily may require the installation oftemporaty
turning circles. These turning circles will be constructed in accordance with the
requirements for cul-ue-sacs in Section 3.1 ofthis Schedule. Elsewhere in the Agreement
are provisions for cOllveyance o[ blocks for the construction of said circles.
4.0 STORM DRAINAGE/STORMWATER MANAGEMENT
4. ( A ppmval or Design and PInus
Storm sewers shaH be provided to serve lhe whole orthe subdivision. Drawings shall
consisl of an overall plan, a plan and profile of each s(onn sewer, drawn 10 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 govemment agencies
for approval. Plans oftbe entire system shaH be submitted to the Ministry orthe
Environment lor approval. Approval for constlllction will not be given until the
CCl1iJica(e of Approval [or the sewers has been received tj.Olll the Ministry o[tlle
Environment and all other applicable government agency approvals h<ls been received.
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4.2 Stonmva'er Mallagemcnf: Report
A Stonnwater MUllogemcnt Report setting oul the existing and proposed drainage )Juttem
together with a Lot Grading Plan and an Erosion and Scdimcllt Control Plan shall be
submitted to and approved by the Municipal Engineer, the local Cdnscrvation Authority
and the Ministry of Ihe Environment.
The ::;tonnwatcr management requirements within the Municipality 5huIl he those of the
local Conservation Authority or as listed. below. The general requirements are as 1'O[lows;
· Quality and quantity coutro/--. as tlichtted by the local Conservation Authority and
MOE requirements in accordance with the MaE "Stonuwatcr Management Practices
Planning and Design Manual" or the most recent version thereof. Quantity control
shall restrict posl~devd()llment runoff flows to pre-development flows between the 5
and 100 year events.
· The design stoml fi.)r the minor systems shall be lhe 5 year storm tor locnl storm
sewers and the 10 year sturm for tmnk facilities.
· Sediment and erosion control measures associated with the stOfJllwater management
requirements shall be identified on the drawings for works to be included during the
construction and for penn anent measures.
4.3 Counection to MunicipaJ System
The stOlID sewers shall be cunnected to the Municipal stoml sewer system or discharged
to n natuml watercollrse as approved by the Municipality and the Ministry of the
Envirolllllcnt.
4.4 Ilesign Criteria
The stollnwater management system shaft be designed by using MIDUSS version 4.72.1
or an ul1ernate approved hydrologic model. TIle Developer's Engineer shall consullthe
Conservation Authority as to the appropriate stoml distribution and duration to he used.
The DeveJopds Engineer shaU advise llJe Municipal engineer in writing as to the
Authority's requirements. The minor system (stoml sewer) shaIJ be designed to convey
the 5 year design stonn, while the major system shaIJ be designed to convey the I no year
design storm. Push.levelopment runoff flows shall be controlled to pre-development
levels for rainfall events with retut11 periods between 5 and 100 years. The design of the
stormwater management system shall be in accordance with the newest version of the
"Stol1nwater Management Practices, PlalUling and Design Manual", as prepared by the
Ministry of the EllviroJUnent.
4.5 Locafioll
The stonn sewer shaIJ be located within the street, with Isternl connections to catch basins
located along the gUller lines.
4.6 Sewcl' Pipe Material
Sewcr pipe material shall be Concrete Pipe, or approved alternate, complete with mbber
gasket COlUlections Class C I 4 ES Of reinforced concrete pipe of tbe class required for the
depth of cover. The minimum size, including catch basin leads, shall he 300 mm. The
Municipality may require a larger stonn sewer size on palis of the subdivision than
required for the subdivision alone.
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4.7 Storm Sewer Construction
Stofm sewer constmction and pipe bedding shall conform to the requirements of the
Ontario Provincial Standard Specifications for sewer construction. Pipes shaH be bedded
in approved granular materials.
Catch basin leads shall be connected to the main sewer with a manhole except where the
main sewet. size ex.ceeds 450 mill diameter, in whic,) case the lead can be cOIUlected
directly to the main sewer using a filCtOI)' manufactured "Tee".
4.8 Manholes and Catch Basins
Concrete mnnholc:s shaH be pfl>vided at all changes in direction oEthe sewcr ami ill all
street intersections, but no further apart Hmn 120 111. Mrmholes shaH be J 200 mOl
diumetcr or larger, confonning to OPSD Series 700. Benching shall be provided ill all
manholes. Catch basin manholes shall contain a sump or minimum depth of 300 111111
below lowest invert 011 sewers lip to and including 450 nun diameter.
Frames and covers shall be OPSD 401.0J Type A, Of 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.
C<:Ilch basins sha11 be provided on both sides of the stre~t at all low areas but no further
apart limn 90 Ill. Catch basins for depth up 102m fi.om ground level to invert slmll be
600 mm square concrete conforming to OPSD 705.0 I. J'or greater depths, catch basins-
manhoJes shall be used confomling to OPSD 701.03.
4.9 IJd\'ate Drain Connections
Private lhain connections to Ihe stonn sewers shaH be provided for each residential unit.
A 100 nun diameter connectiol\ suitable for receiving pumped sump flow from footing
drains will be placed at a deptJl of 1.4 metres from the property line on each lot.
5.0 SANITAUV SEWERS
5.1 Appmval of Plalls
Plans of the entire system shall be submitted to the Minislty of the Envirorunent and the
Municipal Engineer for approval. Tbis submission shaH consist of an overall plan, a plan
and profile or each main sewer drawll 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 appm1enances. Approval for cOlIstmction will not he given unlil
the Certificate of Approval for bolh sewers and sewage treatment fuciJities has been
recei ved fi'olll the Ministry of the Environment
5.2 Loc:.. ion
The main sewers shall be Joculcd along the centre of the street allowance. House
connections shall tenllinate atlhe pmperly line at the centre 0 f each lot.
5.3 Mnterinl
Main sewers shall be P. V.c. or approved altcmate. House connections shall be P. V.Co or
approved altemate. All joints shall be of the mbber gasket type as approved by the
Municipal Engineer. Approved caps shall be provided lor service lateral tenllinations.
5.4 Sile
The minimum size for main sewers shall be 200 mm dimneter. House connections shall
he if minimum of 125 nun in diameter. For multipJe uweJling, industrinJ or conullerciul
buildings, the sClvice connections shall be sized to accommodate Ihe flow.
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5.5 S.mitary Sewer Consh'uct.iol1
Sewer construction and pipe bedding shall confonn to the requirements ofOPSS 410 for
sewer construction. A minimum 2.0 metre depth of cover shall be provided over all
saniHIIY sewers and service laterals.
5.6 House Connections
Plan loca[jons and invel1 elevations, for all house conllec,[ions atlhe slreet Hne, shaJl be
shown on the drawings. Minimum rail on house connections shall be 2%; muximum 8"/0.
Where the deplh of sewer is excessive, a riser may be used over Ihe main sewers. Shop
lJuUlllfnl,;turoo "Tee" connections shall be used tor house connections to the main sewer.
A cap of approved manufo.cturc shall be instulled on each service lliteral termination at
the street line and made watertight The ends of aU services shall be marked by a 50 lUlll
)( 100 mm wood post extending fi'om the service to 300 nUll above the surface of the
ground and UIC top section painted fluorescent green. COlUlections to manholes shall
enter the manhole no higher than 0.5 111 above the lowest invel1, except as otherwise
approved by the Municipal Engineer.
5.7 J\lullholes
Concrete manholes shall be provided at all changes in direction of the sewer and at all
slreet intersections, but no further apal1 than 120 ltl. Manholes shall be 1200 nUll dia.
Conforming to OPS D 701.010. 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 orss 4 J 0, including the requirement for camera inspections. The
Developer shall arrange the tests for sections of sewer between monholes and shall inIonn
the Municipal Engineer when a section is on test and ready 1\.)r inspection. Any sections
of sewer which fail to mcctlJle requirements of this section shall be repaired and retested.
5.9 Complction and Acceptance
The complete sewage collection system installation must be approved by the Municipal
Engineer prior to the issuance of building penl1ils for the subdivision.
6.0 WATERMAINS
6,1 Appro\'al of Plaus
Plans of the entire system shull be suhmilled to the Ministly 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 smue scale as the roads, together with typical
details of house service COJlllcctions, pipe bedding and other appurtenances. Approval for
cOl1stmction will not be given ulltilthe Certificate of Approval for the watenllain system
has been received from the Minislly of the Environment.
6.2 Locntions
Waterllll\in: The watem18in shall typically be inslaHed within lhe bouJevard of the
slreet. in accordance with the Municipality's Typical Cross-Section.
Service Lines: 111 generaJ, house services shall not be installed ill driveways. Where Lhe
driveway location is unknown at the time ofwatemlOin construction,
service cOllJlections shall tenllinale at the property line at the centre of
each Jot.
Main Valves: To be located at the extension of property line, where the valve is being
installed at intersections.
~~CJ
33
Curu Stops: To be provided for each service connection and to be located at the lot
line.
6.3 Conuection to the Municipal System
In general, the watenllains shall be looped to existing munkiplIl systems.
6.4 Material and Size
Watelmain:
Gate Valves
and Boxes:
Fittings:
Hydrants:
Services:
Wntenllain material shall be Polyvinyl Chloride PYC-C-900 Class 150
(DR~ 18). Pipe joints shall be bell and spigot wilh rubber gaskets.
Valves shall be resilient seated gate valves. Main line valves to be MJ
type with standard operating nut. Ilydnmt val.ves to be MJ to Ml gate
valve with standard operating nut.
All valves to be supplied with AO@ ring packing for water use and open
counler.clockwisc.
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 acconlnnce with A WW A C509
All fittings shalt 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 tblUst blocking as
per OPSD 1103.010 or 1103.020. A polyethylene barrier shaH be used 10
prevent a bond between the Jilting 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 wilh
A WW A C 1 II, pressure rating 1035kPa.
Fire hydrants shall be Ole Mueller Canada Valve New Century type or
approved McAvity equivalent. Hydrant specifications as follows:
· 2-64 mOl hose connections
· B pumper COlUlection
· Hydrants shall opcn cOIulter-c1ockwise
· Colour shalt be RED
· Opera ling nut shall be standard
· I Iydrnnt length shall be such that the bOltom of the upper barrel sha II
be 100 mOl above finished grade
· Bury depth 1.7 tll.
Dry.bmTel fire hydrants shaJl be in accordance with A WW A C502.
Min. 19 mOl, Max. 50 mOl
· COJ1)Oraliol1 stops - Mueller, C.C. thread inlet! compression joint
outlet.
· Curb Stop - Mueller, compression joint inlet! compression joint outlet
or approved equivalent.
· Pipe - 10 be 19 mm Type "K" copper tubing.
Service Boxes - Model No. D-l by Concord-Clow or Mueller
equivalent. Service box and stem (1.4 In to 1.7111) with 25 nUll dia.
steel upper section. Box lids shalt be regular ribbed with brass
pentagon plus c/w standard stationary rod.
· Service saddles - Model No. 2616 by Robar Industries Inc., stainless
steel, double bolted, broad band.
J{O
34
Underground service line valves and litlings shall be in accordance with
AWWA e800.
Model numbers shall he stamped on all valves and materials.
Anodes; 5.5 kg; zinc casting with a galvanized steel core, packaged in a cardboard
or cloth bag ofminimllm diametef of 100 nun. Gypsum/bentonite backfill
material (electrical resistivity <50 ohm cm wet). Insulated copper wire
brazed to core wire.
Tracer Wire: All pve watcrmaiu to be provided with a No. 10/7 stmnd coppel' cable
having TWH insulation.
6.5 Wntennuill COlIsfructioll
All watennain and appurtenances to be instalJed, beddell and backfilled in accordance
with current Ontario Provincial Standard Specifications 3ull to the satisfaction of the
Municipality.
Minimum 1.7 metre depth of cover over all mains and services.
Main valves and hydrant sets shall, genemlly, be located at a maximum spacing of 200
metres and 120 metres, respectively.
At main intersections, a main valve shall be provided at each direction from the
intersection, less one.
Zinc anoeles to he supplied and installed on services.
6.6 Flushing. Testing and Disinfection
All watennain shall be tested, flushed, swabbed and disinfected. Such procedures sJul1I
be in accordance with OPSS 70 I for pressure testing and A WW A C651-99 for
disinfcclion and connectiouto the watelworks system. The Developer shall inform the
Municipal Engineer when the watermain is to be tested and disinfected. Bacteriological
testing will he completed by tIle municipal operat.ing authority. The Developer will be
billed for any testing or retesting required. Any failure ofthe testing and disinfecting
shall require the Developer to reflush, retest and/or redisinfect the watemlain until the
walelmain has met the requirements of the Ontario ProvinciaJ Standard Specifications
and the MaE, to the satisHlction of the Municipulity.
6.7 Complellon nud Acceptance
The complelc water distribution system installation must be approved by the MW'Iicip:ality
prior to the issuance of building permits for the subdivision.
7.0 SIDEWALKS
A 1.5 metre sidewatk shall be COllstnlcted on one side of each street within the
development. Sidewalks shall have a minimum depth 0[125 mm and shall be bedded ill
granuJar in accordance with the current OPS standard details.
41
35
8.0 UTILITIES AND STREET LIGHTING
8.1 Telephone
TcJephonc service shall be underground and shall he installed by B.M.T.S. or Hurolltel.
The Developer Illllst bear the cost of any slIrclUtrgcB for undergrounu installation made hy
the Utility and must grnnt the:; lJtjljty any easements for their services.
8.2 Electrir.al
Undergroulld electrical installation shall be completed to the satislilclion of the local
power supplier baseu on their most currenl specification.
8.3 Cnble T.V.
Developers sllilll arrange to have Cable T. V. installation completed by tbe local supplier.
8.4 Sfreet Lighting
The minimum standard for street lighting shall be J 00 wolt High Pressure Sodium Lamps
set on 9 metre poles, or as directed by the Municipality. Each light must be controlled by
n dusk to dawn photo-electric cell. Power feed shall be completely underground. The
lights shall generally be placed to the oulside of curved toads. The maximum allowahle
spacing along the street between the lights shall be 50 lTIetres but may he increased, at the
Municipality's clirection, to a maximum of 75 metres (in special instances). The poles
mllst be installed at the location as shown on the Municipality's Typical Cross-Section.
Pmiicular care shull be taken to adequately ilhuninate the intersections and cul-de.sacs.
9.0 LOT GRADING
9.1 House Lot Grading
Gencndly, al/lols shal/ be excavated or filled so that the whole of the lot area from the
street line 10 a Jjlle al' leasl 3 melres beyond tbe rear of the buiJding sha/J JJave an
elevation not less Ihan 0.5 metres or more than 2 metres higher than the finished crown of
the road opposite the cenlre of the lot. In situations where the slope of the land juslifies
different requirements, the Municipal Engineer may permit variations of the above. A
plan showing proposed lot grades and house floor levels shaJl be submitted to the
Municipal Engineer lor his approval, and the Engineer retains the right to umelld any of
the grades proposed if the Engineer considers a particular situation so Wa01Ults.
10.0 LANDSCAPING
Boulevards along each slreet shall be topped with a minimum of JOO lUm of topsoil.
Seeding shall be completed in all boulevard areas.
A tree shall be planled on each lot within I year of the date of completion of the Slage 2
services. Trees shall be 60-70 mm diameter measured 500 mm above the ground. AU
trees shall be No.1 nursery stock. The type of trees shall be approved by the
Municipality. These shall be staked to Municipal specifications. Trees shall be watered
atlhe lime of planting and every two weeks thereafter and the Developer shall WalTont
Irees for a period of one year from the date ofpJallting. Planting shall be limited to the
spring llnd fall seasons.
Lfd'
36
11.0 EllOSION CONTROL
During COllstlllctioll the Developer shall ensure that surface runoff Ii'om the lots and
blocks as well as lhe roadways is protected Ji'om erosjon by !1Je use of silt fences, straw
hales and other measures deaigned to minimize such erosion. Temporary outlets at
cul\'cl1s or catch basins shall he checked to prevent sills from entering into storm sewers
or waleI' courses. Such erosion control measures shull he shown on the drawings for
npproval by the Municipal Engineer and the Conservation Authority.
12.0 WALKWAY
A 11 walkways shown on the plan of subdivision shall be constructed by the Developer.
Walkways shall be constructed ofa 150 mOl minimum depth of Granular "AU on a
properly constructed foundatioll and shall he paved with a concrete sidewalk to a
minimum width of 1.5 metres and a minimum depth of 125 mill.
A standard 1.5 III 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 from using the walkway.
13JJ I)ARKLAND 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 nun of topsoil and shall be seeded with approved
lawn seed mix (OrSS 572).
The Municipality may ask and provide details within lhis agreement for additional
Pinkland improvements as might be warranted.
14.0 TRAFFIC AND STREET SIGNS
14.1 Proposed street Ilmues shall be subject to the approval of the Municipality
14.2 SfI.eet Name Signs and House Numbering
At each intersection there shall be erected an approved double unit street Hame sjgn. The
signs and posts will be provided by the Municipality at the Developer's expense.
14.3 Tr-affic Signs
Traffic signs ilnd posts will be provided by the MunicjpaJity at tbe Developer's expense,
1~)lIowjng 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 (0 OPSS and OPSD Standards.
15.0 PAYMENT TO SUBDIVIDERS
The Municipality shaIlnol be liahle for any costs arising out of the construction of
services except under the following conditions.
n) 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 lhe system.
37
b) When a sanitary sewer in excess of250 mm diameter is required, [or lands oulsidc
lhe subdivision, the Municipality may pay lhe difference in cost for the supply of
the larger size pipe.
c) When n walennain in eXec:!s of 200 man diameter is required, fiJr lands outside the
subdivision, the Municipality may pay the ditIerence in cost for tbe supply of lhe
larger size pipe and fittings.
16.0 TYPICAL ROAD CROSS SECTION
A typical urban road cross secliOIl is aUached.
if3
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38
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39
SCHEOULE uD" OF AGREEMENT
Note: It is understood and agreed that this Schedule fomls part of the Municipality's
Agreemenl.
CHECKLIST OF WORKS TO BE CONSTRUCTED
I.
Roads complete willI o5phillt paving and curb and gulter
2.
Stonn Wutcr Manogement Piau, 5torm 5ewer syslem, and
private drain COfllltctions.
3.
Sewage Pumping Station, Sanitary sewers and building connections
to the latline
4.
Water distribution system, tire protection and building connections
10 dIe lot line
5.
Grading and requirements of a sile grading plan
6.
Underground electrical distribution system and an electrical service
7.
Street lighting
8.
Utility obligations - telephone, cable t.v., gas service
9.
Sidewalks
10.
Topsoil and sod 011 boulevard from property line 10 curb
J I.
Pedestrian walkways.
12.
V cgetation retention plan.
13.
Lot house number signs.
14.
Street Ilame signs.
15.
Traffic signs, as required.
Nole: Worl{s Required Denoted by r
4~
lEI
[E]
lID
lEI
lEI
lID
00
00
lID
1RI
r
r
[R)
00
!EI
ifb
40
SCHEDULE .'E" OF AGREEMENT
Note-: H is understood and agreed that Ihis Schedule foons part of the Municipality'/)
Agreement.
ITEMIZED ESTIMATE Ole' COSTS OF CONSTRUCTION
01' EACH PART OF THE WORKS
ITEM
AMOUN'{
12,000
128,700
313,300
81 ,700
96,800
46,000
I) Mobilization, bonding, etc.
2) Road Works
3) Sanilury Sewers and Appurtenances
4) Watemluin nnd Appurtenances
5) Slorm Sewers
6) Electrical
Subtotal
678,500
7) Engineering Allowance
34,000
Total w/o G.S.T.
G.S.T. (rounded)
712,500
50,000
Total Security
762,500
4?
41
SCHEDULE "F" OF TIlE AGREEMENT
NOIC: II is lllu.lerstood and agreed thut tlus Schedule forms part of the Municipalily's
A gl'eement.
LIST OF LOTS UNSUITABLE FOR BUIUllNG PURPOSES - CLAUSE 6.3
None
'-l~
42
SCUEDULEUG"OFTIIE^GR~EMENT
NOTE: IL is understood and agreed thot this Schedule form5 pal1 of the MUllicipulity's
Agreement
OWNER'S FINAL GRADING CERTIFICATE
The undersigned hereby certifies to the COlporation of the Municipality of Kincardine (the
"Municipality") that the foundations of Ihe buildings amI structures and any openings in any such
foundation walls constlucted on the following property:
STREET NO.
STREET
MUNICIPALITY
LOT/BLOCK
REGISTERED PLAN NO.
Ilave beeu consll11cted, at or above the elevations illustrated on the overall Certified Building
Lot Site Plan (as approved by or on behalf of the Municipality) cefen-ed to in the Agreement
registered againstlhe litle 10 the above propeJ1y as shown on the as-built grading survey
aUached.
The lIJulersi!,Jlled furlher certifies to the Municipality that:
]. The final grading of the above refeo-ed to property has been completed in substantial
compliance with the Certified Building Lot Site Plan referred (0 in (he Agreement.
2. The grade elevation of all lot boundaries and comers including the fi.ont lot corners of the
property arc ill substantial compliance with the CcItified Building Lot Site Plan; and
3. The above lot has been graded to provide positive drainage in the fi'ont, rear and sideyard and
(tmr there is no orea of the propeIty which is subject to pomling of wateri and
4. That in all cases. the final grading cOllfomls to the intent orthe grading plant.
This certificate is given and delivered to Ihe Municipality in full knowledge that the Municipality
relies un this certification in providing a release of the applicable Agreement affecting this
property.
DATED at
, Onlario this
day of
,200__.
Signalure of OLS/Professional Engineer
NOTE: Copies oftlris OWlle,"s Final Gratlillg Certificate aI'e a"ailable at the M,,";c;pa/i{v's
Buildillg Departmellt.
43
SCHEDULE "II" OF AGRREMENT
NOTE: Jl is understood and agreed Ihallhi5 Schedule f0I1115 pari of (he MunicillaHty's
Agreement.
LANDS 'FOR MUNICIPAL I'URPOSES TO BE CONVEYED TO THE MUNICIPALITY
Blocks 30, 31, 33
LIST OF EASEl\'1ENTS TO BE GRANTED TO TilE MUNICIPALITY
3.0 III casement for drainage pUll'lOSes bt:tween Lots 12 and 13.
LANDS TO BE CONVEYED TO TilE MINISTRY OF TRANSPORTATION
Block 32
L{C(
Su
44
SCHEDULE "I" OF AGREEM.l!fNT
NOTE: It is understood and agreeu that this Schedule forlns part of the Municipality's
Agreement.
NO OCCUPANCY AGREEMENT
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of other
gontl (lnd valuable consideration and the sum of One ($1.00) Dollar ofluwfulmollcy ufCunada,
the Parties hereto mutually covenant and agree as follows:
t. J 11 consideration of the Corporation of the Municipality of Kincanline issuing a building
pCHnit to the Owner for
_._" _. , the Owner
covenants and agrees that it will not apply for an occupancy penn it until the above
referred to services have been installed to the satistilction ofthe Municipality;
2. The Municipality hereby acknowledges that it has a cash deposit from the Developer in
the sum of and will use its best efforts to see to it that the
<<bove rcfened to services are completed by
THIS AGREEMENT shalJ be binding upon and enure to the benefit of the parties hereto
ami their respective heirs, executors, administrators, successors aud assigns.
IN WITNESS WHEREOF the pm1ies hereto have executed this Agreement.
SIGNED, SEALED AND DELIVERED
This day or , 200 _'
(
(
(
{ DEVELOPER (NAME OF DEVELOPER)
(
( THE CORPORATION OF THE
( MUNICIP ALlTY OF KINCARDINE
(
(
( Mayor
(
(
( CAO
( We have autho.-ity to bind lhe Corporation.
51
45
SCHEDULE "J" OF AGREEMENT
Nute:
It is understood and agreed thut this Schedule forms pari of the Municipality's Agreemenl.
APPUCA TION F'OR REDUCTION OF SEClJIUTY
To:
(Name of Municipatity's Engineer)1 Hngineer1 Municipality of Kincardine
Developer:
(Name of Developer)
Agreement:
(Dote u[ 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
confirl11s that the Works cOllstmcted as at the date of this Application have been installed by the
Developer LInder the full time supervision of the Developer's Engineer and in accordance with
the requirements of the Agreement between the Developer and lhe Municipality.
The Works installed to the date hereof and the calculation of the cost thereof are detailed in the
schedule attached herelo.
further, the undersigned Developer's Engineer hereby confirms IImt the Works remaining to be
constIlJcted as ut the dute of this Application and the calculation ofthe estimated cost thereof are
also detailed in the schedule attached hereto.
This Application is given and delivered to the Municipality's Engineer wilh full knowledge that
the Municipality's Engineer and the Municipality will rely upon the infonnation conulined herein
in granting a reduction o[tIle 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
SC)
46
SCHEDULJl: "K" Oil AGREEMENT
NOTE: H is understood and agreed tllat this Schedule fonns part of the Municipality's
Agreement.
)i'ORM OF )' ARTJAL RELEASE:
PARTIAL RELEASE
IN fAVOUR or:
Herein called the "Owner"
WIIEREAS the Owner entered into certain obligations in raVOUf of the Corporation of the
Municipnlity of Kincardine under an Agreement registered against lhe lauds hereinafter
described as Instmment No. ..~
AND WHEREAS the Owner has salisfied 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 oftbe lot grading provisions
ill Secfion 6.5 in said Instrument No. ______, as amended, and certifies that all other provisions of
thut Agreement, as amended, are no longer binding with respect to the said lands. The Jands
released hereby are:
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying 8ml being
inlhe Municipality of Kincardine ( ), County of lllUce 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 Ihis
day of
,20
s)
47
SCHEDULE ilL" OF AGU.EEMENT
NOTE: II is umlcrstoud and agreed Utal IJtis Schedule fonus part of lhe Municipality's
Agreement.
CONDITIONS OF DRAFT API>>ROVAL
The Com]iliol1li of Draft A pprovnt for File No. 41 T -89023 for UJe Corporntion of the County of
Bruce as auached herelo tor illfom18tion only.
CONDITIONS Oft DRAFT PLAN OF aUBOIVISION APPROVAL
Owner:
File No:
Municipality:
SubJecl Lands:
DUTWood ESlale:. (Oale Walden)
41T -89023
Mlln/clpalilyof Kincardine
AU of Black '8' Regislered Plan 1\,1.35 and Part of Park Lo! 4, West of
Saugeen and Goderich or HurOl1 Road, Townplot of Penetangore
June 28, 1990
November 8, 2005
Oat8 of Draft Approval:
Date of Revisod Approval:
Thl) Council of Ine Corporation of Ihe Counly of Bruce hereby issues Orall Approval 10 SUbdivision File
No. 41T-89023. whioh pellalns to All of BloCk '6' Registered Plan M-36 and Part of Park lot 4. West of
Saugeen and Goderlch or Huron Road, Townplot 01 Psnetangore. now in the Munlc;pSIUy of Kincardine,
The following conditions have been established by the COllnty of Bruce and must be met prior to the
granting of final approval;
Condition
-
No.
'(jen/i[iGaliQ[!
1. ThaI this approval applies to Plan or Subdivision File 41T.89023 fer Durwood Estates in the
Munlclpalily of Klnoardlne (tormer Town of Kincardine) prepared by D. Cl.llberl l.Id. dated
September 30. 2005 showing the (ollowlng:
LOIS 1 10 29 Inclusive
Block 30
alock 31
Block 32
Block 33
- low density resldenlial (29 Iols)
. Parkland
. Environmental PrOlection Block
.0.3 Olalre road reserve
. Parkland
.&/bliy Roslls and Walkwavs
2, Thallhe road allowances shown on lids Plan of Subdivision shall be dedicated on the final plan
as a public highway 10 Ihe appropriate road aulhorlty.
J. Thllllhe 5Ir681(S) shall be named to the satisfactlon oitha MllOIclpalily of Kincardine.
4. That any dead ends end/ar open sides of road allowances crealed by this Plan of Subdivision
shall be terminated in 0.3 me Ire reserves to be conveyed to and held, in Irust, by Ihe Munlclpalily
of Kincardine UIII/I required for future rood allowances or lhe development of adjacent land,
earklandlfQviro'1menlal Proleolion
5. ThaI the Owner conveys land In the amount 01 5% of the land included in the Plan for residential
purposes 10 Ihe MUlliclpalily of Kincardine lor park purposes pursuant to the prOVisions 01 Section
51 (S){a) 01 the Planning Acl R.S,O. 1990 c,P, 13. Allernalively. tile Municipality 01 I<inca,dine may
sccept Casll.in-Jiell lor a portion oltlle said convoyance and under provisions of Secl/on 51(8) of
the Planning Act, R.S.O. 1990 c.P,13 the Municipality or KincardIne is hereby aulhorlzed 10 do so.
6. That the Owner deed 'Blocks 30, 31 and 33' 10 Ihe Municlpalily of Kincardine. All Blocks
transferred by deed mlls' be free and clear of all mortgages, liens, and encumbrances.
~bdhdsion Agreemenl
7. That Ihe Owner enler Inlo a Subdivision Agreement with Ihe Munidpallly of Kincardine agreeing
to satiSfy all the ,requiremenls. financfal and otherwise, of Ihe Town concernIng the provIsion of
rOads. inslallation of services. facilities and drainage.
Page 1 of 6
,'If
48
CONDITIONS OF DRAFT PLAN OF SUBDIVISION APPROVAL
Owner:
Pile No:
Munlclpallly;
SubJecl L.md,:
Date of Draft Approval:
Oalo of Rlwiud ApprQval~
Ourwood Estates (Dale W81den,
41T .89023
MuniclpalUyor Kincardine
All Ol Block 'B' Registered Plan M-35 and Part of Park Lol 4. WC51 of
Saugeen and Goderich or Huron Road, Townplol of Penetangore
June 28, 1890
November 8. 2005
No.
Condition
-
. .
8. Th,,1 prior to Final Approval, Ihe Saugeen Valley Gons8fvs\loll Aulhorily f1tovide wrillen
confirtTlalion Ihat Ihe SUbdivision Agreement belween Ihe Owner and the MuniclpalilY of
Kincardine addresses all the reqUlremenls 01 the Conservation Aulhorlly.
9. Thai Ihe Subdivision Agreement be reglslered by Ihe Municipality of Kincardine againstlhe land
10 which il applies and a copy or the regislered agreement be forwarded to Ihe Calmly 01 Bruce
prior to Final Approval of the subdivision plan.
PhaslJ1l.l and Laosinc Dale
10. That the Owner ag(ees \0 slage Ihe development of Ihis plarl of subdivision In a manner
satisfaclory to the Munlc:ipallly of Kincardine.
11. That Ihe Ora" Approval for Plan 01 SubdivisIon 41 T .89023 for DerwOOd Eslates in the
Municipality of Kincan:Jine shall lapse on November 8, 2008 unless il has been exleode(l by Ihe
Counly of Bruce.
ff!i!ments
12. Thai 'the Owner agrees 10 grant Such easements as may be required fur utility or draInage
purposes 10 Ihe MuniCipality of I<incardlne or olher appropriale aUlhorily.
Services
13. The Own or agrees to make satisfactory arrangements wilh Ihe appropriate eleolllc provider for
rhe provision of permanenl or temporary eleclricalservlces 10 this plan.
'14. The OWfler agrees 10 make saUsfaclOlY arrangemenls for Ihe provision of permanent Qr
temporary telecommunicetions servlces, gas and cable services to this plan.
IQ!lin~ Bv-taw
15. Thai the Counly of Bruce be advised by Ihe MuniCIpality of Kincardine thai Ihe Plan or
Subdivision conforms with 'he Zoning By"taw approved under the Planning Act.
16. Thai the County 01 Bruce be advised by the Saugeen Valley Conservatfon Authority that the
environmental zoning provisions applied to the Plan of Subdivision are to their satisfaction.
Warning Claustl - Public Watkwavs/MulliclDal Roadw~~s/Buildlno R9$trlClions
17. Thai Ihe Owner enler lnlo an Agreemenl with the Municipality of Kincerdine thai Ihe following
warning clause be included in every Purchase and Sale Agreemenl lor Lois 19 and 20:
'Pubfic Walhweys
Purchasers are advised Ihat Lots 19 and 20 abut Block 31that tlilS beell designated for use as a
potential Public Walkway."
Page 2 of 6
~")5
49
CONDITIONS OF DRAFT PLAN OF SUBDIVISION APPROVAL
Owner:
J=i1e No:
Municipality:
Subject lands:
Date of Draft Approval:
Date of RevIsed Approval:
Durwood Estale!l (Dale Walden)
41T-89023
MunicipaJlly of Kincardine
All of Block '8' Registered Plan M.35 and Part of Park lot 4, West or
Saugeen and GoderlCh or Huron Road, Townplot of Penetangore
June 28, 1990
November 8. 2005
No. Condition
1 B. Thai the Owner enter Into an Agreement wilh the Municipality 01 Kincardine fhat the following
warning clause be Included In every Purchase and Sale Agreement for Lois 1-13 inclusive: .
"Public WalkwayslTreil
Purchasers are ad...ised that Lots 1-13 inrJusiv9 abut lands that have been designated for (138 8S
a potential Public Walkway!Traif. "
19. That Ihe Owner enler Inlo an Agreement wllh Ihe MunicIpality of Kincardine that t~ following
warning clause be Included In every Purchase and Sato Agreement for lOls 23.29:
"Munlclpaf Roadway
pumhasers of Lots 23.29 are advised that these lands abut Wellington Avenue (curnmlly non-
lrtIvelled) 'hat may be used/constructed as a municipal roadway In the futUre. H
20. That Ihe Owner enter 1010 an Agraemenl with the Munfclpallly of Kincardine Ihat Ihe following
warning clause be included In every Purchase and Sale Agreement for Lots 1-24 Inclusive:
"BUildIng Resfricf/ons
Purchasers of Lots 1-U/nclusive are advised that swImming pools. garden sheds, garages, or
otller sImilar structures or uses are not p8rmitted on lands zoned 'Environmental Protection
Specfal' In the Municipa/lly of Kincardine Comprehensive Zoning By-law. In addillon, Ihere shalf
b9 no site alteration, regrading, filling, excavation or vegetBtion removal In the 'Environmental
Protection - Special' zone."
5alloeell Vallev Conservallon Aulhorltv
21. That prior 10 any grading or construction on the sile and prior toFloal Approval, the Owner shall
submit to Ihe Saugeen Valley ConservaUon AUlhorlty 'or Ihelr review and approval the following
plans, reporls or appllcallons. prepared by a quanrl8d consultant 10 the satisfaction at Ihe
Saugeen Valley Conservallon Authority:
a) A dolailed 'Stormwater Managemenl Report'ln accordance wllh the prevailing Ministry of Ihe
Environmenl planning and design guidelines and other retaled technical crileria as
determined by Ihe Saugaen Valley Conservation Authority.
In the evefltthaltl1e 'Slormweter Management Reporl' recommends the establishment or any
slormwater works, detenUon or retenllon facilities. The subdivision agreement between the
Owner and the Town shall conlaln a provision whereby the Municlpallly of I{incardine will
assume Ownership, operation an maintenance responsiblUly of same in perpetuity,
b) A detailed 'Lot Grading Plan'.
c) An 'Erosion and Sedlmenlalion Control Plan' indicating the means Whereby erosion will be
minimized and sedimenl maintained on-sile and on abutting properties throughout all phases
of grading and oonslrucllon and shall include a maintenance plan and provIsion for IImely
revegetation of t/1e sileo The Plan shall also delail the methods Ihal wlJl reduce any negative
impscls to waler qua lily.
Page 3 0(6
50
50
CONDITIONS OF DRAFT PLAN OF SUBDIVISION APPROVAL
Owner;
File No:
Municipality:
SUbJ4Il!t Lands:
Durwood Eslales (Dale Walden)
41 T .89023
Munir..ipalily uf Kincardine
All of Block '8' Reglslered Plan M-35 and Pall of Park lol 4, Wesl of
Saugeen and GOderlch or Huron Road, Townplol of Penelangore
June 28. 1990
November 8, 2005
Date of Dr3ft Approval:
Date of Revised Approval:
No.
Condition
d) That the Subdivisioo Agreement lie tween the Owner and the Municipality of I(inc:olrdinl}
Cl)nlairl proviGion~ for the completion of Ihe worllS In accordance wilh the approved plans and
reporls as .,oled in lI), b), Ilnd e) above to the sa,usfaclll)f) or the Saugeen Valley
Conltervalion Authorlly.
22. That the Subdivision Agreemenllnclude a Wamlng Clause regarding building reslrlcl/ons on Lots
1-24 Inclusive 10 Ihe sali&facllon of the Saugeen Valley ConsetYallon AOUIOfity.
23. That prior 10 Final Approval, the Owner prepare a 'GeotechnICal Report', propared by a qualified
geotechnical engineer, acceptable to the SaLlgeen Vcdley Conservation Aulho,i1y, which will
describe /low Lois 1 - 24 inclusive, are to be <lava/oped.
24. Thallhe Subdivision Agreement between Ihe Owner and Ihe Municipality conlain the rollowlng
provisions wllh wording acceplable to Ih8 Saugeen Valley Conservallon Authorily:
a) to rollow all recommendallons conlained in UlB 'Oeolechnlcal Report' to Ihe salfsfaclion of the
Saugeen Valley Conservallon Aulhotity:
b) to include a covenant on tiUe for each of Ih", Iola menUoned in the 'Geotechnical RepOtt'
which will require Ihe lot owners 10 abide by the recommendations in the Golechnlesl Report'.
c) 10 erect snow rel'lcing ot other suitable barrier along the lop/edge of the slope for Lots 1 . 24
Inclusive, including Block 30, prior 10 Initiating any grading or construcllon on the site to
prevenl the unaUlhOrized dumping of fill. This barrier shad remain In place unlK all grading
and construction on abutllng lots 'laB been completed 10 Ihe sallsfacllon of the Sallgeen
Valley Conservation AUlhority.
25. "hat rhe Owner agrees to noliry the Saugesn Valley Conservallon Authority, at least 48 hours
prior 10 Ihe lnll/aUon or any on-sila development.
Qntario Mirli5trv of TransDorlallon
21). That prior to Final Approval, Block 32 (0.3 m road reserve) shall be conveyed by deed 10 the
Onlario Ministry or Transportallon. All rood reserves by deed must be free and clear 01 all
mortgages. liens, and encumbrances.
27. Thai prior to Final Approval, Ihe Owner shad submit 10 the Ministry of Transportation for thel,
review and approval, a copy of a TraffIC Impact Study (report/analysls/assessmenl) indicaUng the
anticipated Iramc volumes and their Impact upon Ihe intersecUon or Highway 21 and Russell
Slree!. Highway improvements identified from the review and analysis of Ihe Study will be Ihe
financial responsibility of the MunicIpality and B Legal Agreemenl will be required to be entered
Into belween the Municipality and the Ministry of Transportation.
28. That prior 10 Final Approval, arrangements shall be made 10 the salisfacllon of Ihe Mlnlslry of
Transporlation for Ihe ereclion of a securlly fence along the enlire Highway 21 bOundary of the
plan.
Page 4 or 6
C:'7
....)
51
CONDITIONS OF DRAFT PLAN OF SUBDIVISION APPROVAL
Owner:
File No:
Munl..lpiJllly:
Subject Land:s:
Date of Draft Approvill:
Dato of ReI/Iud Approval:
UurwOQd E$IlIlta (Oalt: WalLlen)
41 T .09023
Municipality of l(jnc;ardine
All 01 BlOCk '8' Reg;elQrcd Pllln M-35 llnd Pari of Park Lal 4. Wllsl of
Ssugllen ana Goderlch or Huron Ra'd, T ownplQt Or Penetangore
June 28, 1990
Novcmb(,'f 6. 2005
..
No.
Condition
-
,il.rc;haeolooic~1 CQfldiliQfl
29. Thai prior to allY grading or conalrucllon, and flnal approval of OIU or any part of Ihe Drafl Plan or
Subdivision, lhe Owner she" consun wllh the Onlario MlniSlry of Culture to delermine if an
'Archaeological Assessment' is required. If 'archaeologicill polential' is delermined by the Ministry
of Culture, Ihe Owner shall carry oul 8n archaeological assessment 01 the lands sub;ectlo the
Drort Plan of SubdivIsion ana millgale through preservation or reSOurce removal and
documenlallon adverse Impacts 10 any significant archaeological resources found. No grading Dr
olher soil disturbances shall take place on 1I1a subjecllsnds prior 10 the approl/al aUlhorlly alld
Ihe Minislry of Cullure confirming lIlat all archaeological Concerns have mel licensing snd
resolJrcf;I cOflservallon requlremenls.
O!flilal PI~n SubmiSlil20
30. Thatlhe Owner prior 10 Final Approval shall submll 10 Ihe County of Bruce a digilal tile of the Plan
IQ be registered in AutoCAD 14 (dwg or dxr) formal referenced to NADeaUTM 10 Ihe sallsfaclion
or the County of Bruce Planning Department.
Land Clearing and Oll1qr Wor~s
31. Thai the Owner agrees that no conslructlon or inlilallalions of any kInd (eg. clearing or servicing
of land) Involved wllIl this Plan shall be undertaken prior 10 entering Into a slle alteration
agreement or SUbdiviSion agreement and obtaining all necessary permhs, approvals Rndlor
certificales UI81 (leed 10 be issued 10 conJuncuon with 1h6 development ollhe sUbdivision. unless
approved by the County of Bruce Planning Departmont in WfIUng.
ClcaranCll Condllions
32. That pllor to I/le gra"Ung of Final Approval. the County of Bruce Is 10 be advised by Ihe
Municipality 0' Kincardine that Conditions Nos, 2-7, 9-15, and 11-22 /lava bean carried out 10
their salisfOlclion. The clearance leller from the Mun1cipaJlly of Kincardine shall inclUde a brief bul
complele statemenl detailing how each canaillon hM been saUsfled.
33. Thai prior 10 Ihe granling of Filial Approval. Ihe Counly 01 Bruce is 10 be advised by Ihe Saugeen
Valley Conservation AlJIhorlly thai Conditions Nos. S, 16. 21-25 have been carried oul to Ihelr
salis'aellon. The clearance leller shall Include a brlel but complole stalement delaillng how each
condition has been satlsnad.
34. Thai prior 10 the granting of Final Approval. Ihe Counly of Bruce is 10 be advised by the Onlario
Minislry of Transportation thai Condilion Nos. 26-28 have been carried out 10 their salisfaclion.
The clearance leller shaU InclUde a brief but complele stalement detailing how Ihe condition has
been satisfied.
35. Thai plioI' 10 Ihe gnmllng of Final Approval, Ihe Counly of Bruce is 10 be advised by Ihe Ministry 01
Cullure Ihal Condition No. 29 has been carried oullo their &alisfaclion. The clearance leller shall
include a brief but complele stalemenl detailing how each condilion has been satisfied.
Page 5 of 6
S<6
52
Notes \0 Draft A~lj'Iroval: Subdivi$io" File No. 411 .890~
1. 1\ Is Ihe Owner's respom.1bility to fulfilllhe Conditions or Dran Approval and 10 ensure thai the ,.,quirea
Cle8ritnCe leller:; are forwarded by Ihe appropriale agencies 10 Ihe Counly of Bruce Planning and
Economic Development Department quoting the appropriate subdivision me number.
2. The Owner should be aWare Ihal under the Public 'Transportation and Highway Improvement Act,
Ontario Minlslry or Transpor1alion Permlls are requIred lor Bllllew d",velopments located within 45rn 01 an
e.xisling and/or proposed Provincial Highway property line and located wilhin a 395m radius 0' Ihe
(".en'rali"e intersection 01 Highway 21 and any municipal road. The Onlario Mlnislry of Trensportallon will
requi.e thaI i111 new resldenllal 6lru(;tures b& selback 8 minimum 01 8.010 frorn Ihe existing analor future
highway plOpet1y line. The Minlslry will require lhal all new commercial slructures be selback a minimum
01 1<I.Orn from an eXisllng and/or fulure property line.
3 Inauguralion. or p.xlellSiol1 of a water worl<S or sewage worl;s is sUbJecI 10 111(\ approval of the Minislry
of lhe Environme/ll under Seclioll52 and Seclion 53 0' 'he Onlario Water Resources Act. RS.O. 1990.
4. We suggest that you nlake yourself aware of section 144 of Iha Land Tilles Act ilnd subseclion 78(10)
of the R9giitry Act.
Sub~eclion 144(1) 0' Ihe I.and Tilles Act requires Ihal a Plan of $utxtMsion of land Ihal is localed in a
land UlIes division be reglslered under the Land Tilles Act. Exceplions 10 this provit;lon are sel out in
;;;ubsecllon 144(2).
Subseclion 78(10) of Ihe Registl)l Act requires that a Plan of SubdIvision of land thai Is located only 11\ a
regislry diviljion cannol be reglslared undlir Ihe Registry Act unless Ihallllle 01 Ihe Owner 01 tile land has
been cerlirlltd under Ihe Certilic8tion at Tilte Act.
Exceptions 10 this provision Bra set Qutln clauses (b) Bnd (c) of subsecUon 78(10).
5 Clearances are reqlJired from lhe followinQ aQ~~
~U'~IP'lIly at Kl"""''''''].U9.... V"~y C";''''';'1ion Aulhotl~ MinIstry of Transrortslion
1475 Concassion tiS R.R. #1 Corridor Control Office
RR #2 Hanover, ON. 659 Exet$r Road
Kincardine,.Q.N. N2Z 2X6 N4N 366 lOOdon, ON. N6E ll3
Ministry of Cullure
SoUlhwest Archaeological Office
900 Highbury Avenue
london ON. N6Y 1A4
6. If the Owner wishes 10 request an extension 10 Draft Approval, a wrlUen explanation musl be submllled
for Ihe i1pploval oltha County 01 Bruce mlQL!2 Iha lapsing dale, Please nole Ih,,1 an updated review of
the plall and revision to lhe Conditions 01 ApP10val may be neceasar}1 if an exlension Is to be granted.
7. Drall Apploval may be revieWed by Ihe Counly of Bruce from lime 10 lime 10 determine whether drar!
app/0val should be malnlallled or condillooS i'OlendelS and/or added.
8. The Owner is advised tIlar Ora" Approval is no( a commllment by Ihe Municipality of Kincardine 10
waler or sanllary servIcing capacity. To secure Ihis commllmenllhe Owner must cOOlaclthe Municipality
01 Kincardine direclly.
9. Final Plans. When the survey has been compleled and fina' plan prepared, 10 salisty 'he requirements
of Ihe Registry Act, they should be forwarded to the Counly of Bruce. If Ihe plans comply with the terms of
approval, and we have received Ihe required agency clearances, Ihe Counly's slamp of approval will be
elldorsed on the plan and 11 will be forwarded to the Reglslry Office for registration.
The lallowing Is required for registrelion under Ihe Registry Act;
One (1)
FOllr(4)
original mylar
while paper prints (10 Include 1 prinl for OlS)
File: 41T -69023
Page 6 016
Owner: Derwood Eslates
'5 C)
53
SC.IIEDUIJE "M" Olr AGREEMENT
NOTE: II is understood and agreed that this Schedule fonns part of the Municipality'lS
Agreement.
SPECIAL PROVISIONS
I ) Parkland Dedicalion - The Developer wHl pay the sum of $500 per dwelling unit at the
time of the execution of this Agreement.
2) The Developer agrees that Lhe following waming clause he included in every Purclmse
and Sale Agreement Lor Lots 19 and 20:
"Public Hl,i/kH'a)'s
Purchasers (Ire lult'ised that LotJ' /9 alld 20 abut Block 3/ that JUts been dcsigll"tedfor
IIse a~' apolelltiClI Public WalkwaJ'. ..
3) The Developer agrees that lhe following waming clause be included in every Purchase
and Sale Agreemenl for Lots 1-13 inclusive:
"Public If'alkll'aysl7hli/
Purchasers are cull'ised that Lots J. 13 inclusive abut lauds that IUlve been desigllated/or
use as a potelltial Public Walh.1l'aytJi'ail. "
4) The Developer agrees tlmt the following waming clauses be included in every Purdmse
and Sale Agreement tor Lots 23-29:
"MltllicijJal ROlle/way
Purchasers of LoIs 23-29 are adl'ised that these lands "bllt Wellington A venue (currentl)'
lIoll-lrawdlecf) thallllay be IIsedlconstmcted as lll111Ulicipal roadway in the/it/lire. ..
5) The Developer agrees that the following warning clauses be included ill every Purchase
find Sale Agreement for Lots 1-24 inclusive:
"Bllildi/lg Restrictions
PUl'c/wsers of Lots /-24 in elusive are advised that swimmillgpoals, gardell sheds,
gal'llges, or other similar structures or uses are 110t permitted on lands zoned
'E11I'iro/llllentlll Protectioll Special' ill the Municipality a/Kincardine Comprehensive
ZOlling By-Iall', III additioll, 'here shall be no site alterll/iOIl. regrading,filling,
excul'alioll or vcgetlllion removal in tire 'Environmental Protection - Special' zone. ..
A/~I' site alteratioll or development proposed be/ween the Building Setback Lille and the
rear lotlille shall require approml of the SVCA wuler its Regulations. No/illing,
exc{/\'ating, regrading 01' cOllstruetioll shollld occllr wilhi" that area without cOil/acting
the SVCA.
6) The Developer agrees to complete any works requireu by its "Stonllwater Management
Report", "Lot Grading Plan" and "Erosion and Sedimentation Control Plan" in
accordance with approved plans by the S.V.c.A.
7) The Developer agrees to iml)lement the recommenuations of and constnlct any works
required by the geoleclmicalreport as approved by the Saugeen VaHey Conselvation
Authority.
The Developer agrees to include a covenant 011 title for each of the lots mentioned in the
geotechnical reporl which wiIJ require the lot owners to abide by the recommendations in
the geotechnical report as follows:
The Developer agrees to include a covenant on title for Lots 1-24 inclusive which stales
the following:
~1)
54
111e ill/em of/he Buildillg Setback Lille is to protect built/lllgs ",,,! structure.v /rom slope
erosioll. There is the possibility that there will he some ground loss lIlId movement 011
(llId Ilear the slope over time. 111e Munic:ip"lity (mt! the SClUgeen VCllley COl/servation
A ut/1oriO' are Illlder no obligation to undertake slope remeditllworks, and arc nol
responsiblefor impacts/rom erosion processes llssodatecl Il'ilh 'he slope.
The Developer agrees to erect a silt fence or other suitable ban'ier along the top/edge of
the slope for Lots 1-24 inclusive, including Block 30, prior to initiating any grading or
construction 011 the site to prevent the unauthorized dumping of Jill. This bonier slu1l1
remain in place until all grading and construction has been completed to the satisfaction
of the Saugeen Valley ConselVatioll Authority.
8) The Developer is required to pay connection charges for water and sewage, such
connection clmrges currently $1,800 per lot for water, $1,500 per lot for sewer, along
wilh the appmpriule contributions for reserves for each of these charges. It is agreed that
these charges, Jor the purpose ofthis development only, will e paid at the time of the
issuance of building permits. Both patties acknowJedgelhat the Muoicipality may
increase these connection fees at some time in lite fulure. FUlther, the Municipality may
instil ute a development charges bylaw which could replace or be in addition to these
fees. With respect to the connection fees, the Municipality agrees that the Developer
will have the right to pre-pRY oulslanding sewer and water connection fees on remaining
vacant parcels for a peliod of 45 days fullowing written notification (0 lhe Developer
that such connection fees are to be increased.
9) Prior to the completion of the Stage I services, the developer shall complete the all
grading and landscaping treatmenls associated with establishing the major stonll chalmels
located between lots 12 and l3 and between lots 19 and 20.
J O} For reference purposes, a list of servicing drawings that bave been reviewed or are
cUlTently under review is provided below:
-.-- -. -..*--
Civil nescl"iptiou Date Revision No.
Dl"RwiuJ!
--
Ct General Servicing Plan 2006/05/04 5
C2 SanitalV SClVicillg Plan 2006/05/04 5
--
C3 Stoml Drainage Area rlan 2006/05/04 5
-- . --------~ -.
C4 _?I ater Secy'!~iJ1g Plan 2006/05/04 5
.- ---
CS Hunter Street - Plan & ProfiJe 2006/05/04 5
-" ..-.
C6 Hunter Street - Plan & Profile 2006/05/04 5
-- ---
C7 Block 31 - Storm Outlet 2006/05/04 2
C8 Lot Grading Plan & Details 2006/05/29 8
--
C9 Miscellaneous Details ( 2006/05/04 2
~.. .-----..-
CIO Miscellaneous Details n 2006/05/04 2
--~---~ .--------, .
El Electri~al Layout Details 2005/05/04 3
.~----~ ...-.- __'-----ro._
Add PS
Pumping
Stnll08 Description Dale Revision No.
. J),'awi!!g!._ - -. . ....~--------
Ml Sewage Pumping Station 2006/07/ J 4 I
Plans & Details
-
M2 Sewage Pumping Station 2006/07/14 t
~- Sections & Details
. - -- -- &.- --
EI Sewage Pumping Station 2006/07/14 1
Electrical Details &
-- Schematics I