HomeMy WebLinkAbout07 273 Intervivos Development Agreement (Lts F, G RP 61 Lt 10, RP 127)
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
NO. 2007 - 273
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF
A DEVELOPMENT AGREEMENT WITH
INTERVIVOS INVESTMENTS LIMITED
WHEREAS Section 8 (1) of the Municipal Act, 2001, S.D. 2001, c. 25, as
amended, provides that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's abilfly to respond to municipal Issues
AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a
municipality has the capacity. rights. powers and privileges of a natural person
for the purpose of exercising its authority under this or any other Act;
AND WHEREAS as a condition of development, the owners of Lots F and G,
Registered Plan 61 (North Side of Broadway Street East) and Lot 10. Registered
Plan 127 (geographic Town of Kincardine), Municipality of Kincardine, County of
Bruce, are required to enter into an agreement with the Municipality with regard
to municipal services of Lots F and G, RP61 and Lot 10, RP 127;
AND WHEREAS the Council for the Corporation of the Municipality of Kincardine
deems it expedient to enter into a development agreement with Intervivos
Investments Limited for municipal servicing of Lots F and G, RP 61 and Lot 10,
RP127'
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 an
agreement with Intervivos Investments Limited for municipal servicing of Lots
F and G, Registered Plan 61 (North Side of Broadway Street East) and Lot
10, Registered Plan 127 (Geographic Town of Kincardine) Municipality of
Kincardine County of Bruce.
2. That the Mayor and CAD be authorized to sign, on behalf of The Corporation
of the Municipality of Kincardine, the Agreement with Intervivos Investments
Limited, attached to this by-law as Schedule "A"
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Intervivos Development Agreement Lts F,G, RP 61, Lt 10, RP 127) By-Jaw
By-law No. 2007 273
3. This By-law may be cited as the "Intervivos Development Agreement (Lts F
G, RP 61, Lt 10, RP 127) By-law
READ a FIR and SECOND TIME this 19111 day of September, 2007
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, - IA-I""-k!o"~,.vt
Clerk
IRD TIME 5lfll:!)FINALL Y PASSED this 19th day of September, 2007
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Clerk
This is Schedule ~.z1:.. to Dy-l.aw~
No.~passedtheJ.5....-l-lc1ay
200't
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
DEVELOPMENT AGREEMENT
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"lnlervivoslnvestmenlsLirnited."
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THE CORPORATION OF TIlE MUNICIPALITY OF KINCARDINE
DatedSeptember-> 2007
The Corporation of the MWlicipality of Kincardine
1475 Concession5,R.R5
Kincardine, Ontario
N2Z2X6
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
INDEX
Section 1 InterpretatIun.........................................................................................................1
1.1 Definitions...............................................................................................................1
1.2 List of Schedules................................................................................... .......... ........2
Section2--0rderofProcedure................................................................................................3
Section3-InstaUationofServices...........................................................................................4
3.1 General.............................................. ............. ............ ...................... 4
3.2 Municipality's Legal and Engineering Costs................... ...................... ......4
3.3 Developer s Engineer ........... .......................... ........... ........................ ..................4
3.4 Works to be Installed ....................................... .......................................................5
3.5 Approval of Plans ............................... ............ ................................ ................... ..5
3.6 Notification of Commencement ....................... ....................... .5
3.7 Progress of Works. 5
3.8 Scheduling of Works......................................... .......................................................6
3.9 Contractor.............................................................................................................6
3.10 Utility Costs and Charges........................................................... ..................6
3.11 Access Roads...........................................................................................................6
3.12 Movement ofFill.................................................................. ...................................7
3.13 Damage to Existing Plant ............. ........... ............................................... ..............7
3.14 (Deleted)...............................................................................................................7
3.15 Testing.....................................................................................................................7
3.16 ErosionandSiltingContro1......................................................................................7
3.17 Emergency Access............................................ ............ ............ .7
3.18 Construction Refuse and Weeds............ .................................... ........7
3.19 Dust CUntrol.......................... ............... ........... ............ ........... .8
3.20 (Deleted).......................................................... ......8
3.21 (Deleted).................................. ......................... ......8
3.22 Blasting 8
3.23 (Deleted)..................................................................................................................8
3.24 Contaminants.........................................................................................................8
Section 4 - Acceptance ofMunldpal Works ...........................................................................9
4.1 StagesofCOnstructionandServices...................................... .....................9
4.2 Inspection and Acceptance of the Works............................... .................................9
4.3 FinaIAcceptanceoftheWorks............................................................................9
4.4 Acceptance During Winter Months....................... ................... ..........................9
4.5 Use of Works by Municipality .10
4.6 Replacement of Survey Bars.................................................................................. 10
4.7 Ownership of Services ...........................................................................................10
Section 5 - Maintenance of Works..................................................... ....................................10
5.1
5.2
5.3
MaintenanceofWorks........................................................................
(Deleted)......................................................................................
EmergencyRepairs.............................................................................
.....10
10
.....10
Section 6 -- Drainage and Landscape Deslgn.........................................................................ll
6.1 Drainage.............................................................................................................11
6.2 Preservation of Trees........................................................................ .................11
6.3 (Deleted)................................................................................................................11
6.4 Lot Grading................................................................................................. ..........11
6.::' Maintenance afLot Grading ................. ............ .............. .......................................11
Index (cont'd)
Section 7 - Lands to be Conveyed..........................................................................................l1
7.1 Lands for Murucipal Purposes.......................... .11
7.2 Easements......................................... ................. .11
7.3 (Deletool..............................................................................................................12
Sedion 8 - Administration.....................................................................................................12
8.1 Voiding Agreement. ...................................................................................12
8.2 Developer's Expense .12
8.3 (Deletool.............................................................................................................11
8,4 Developer'sLiabiJities........................................................................................12
8.5 Insurance............................ .....................................................................12
8.6 Legal Notice to Developer .12
8.7 Registration..................................... ......................................................12
8.8 Assignment or Transfer of Mortgage........ ............ ....................... .12
8.9 Requirements for Building Permits ....... ..................................... .................13
8.10 Reqnirements for Occupancy .13
8.11 (De1eted)................................................................................................................13
8.12 Right to Enter into an Agreement........................................................................ ...13
8.13 Successors and Assigns......................................... .................................................14
8.14 NotificationtoPurchaser........................................................................................14
8.15 Scheduling,ProgressamlComplelion............................................. ...........14
8.16 No Municipal Liability........................................................................................... 14
8.17 Assignment........................................................... ..................... ............ .14
8.18 Conflict................................................................................................................ .14
8.19 Severability..................................................................................... ..15
8.20 Amendment................................................................................... ..............15
8.21 Further Assurances .15
8.22 Joint and SeveraL.................................................. ...............................................15
Sectlon 9-Finandal Provisions............................................................................... ..............15
9.1 Development Charges, Drainage and Local Improvement Charges. .......................15
9.2 Securities..........................................................................................................15
9.3 ReductionofSecurities.................................................... .......................16
9.4 StatotoryDeclar:!tionofAcmuntsPaid.................................................................17
9.5 Construction Lien Act ........... .............................................................17
9.6 Release....... ............. ............ ............... ...............................................................17
SectionlO--SpedsIProvisiollll
-SeeSchedule"M"
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Section II-Signatures............................................................................................... ............18
Index (cont'd)
LIST OF SCHEDULES
Schedule 'A" - Description of Lands.........................
Schedule "B"
Schedule"C"
Schedule"D"
Schedule''E''
Schedule"F'
Schedule"G"
Schedule"H"
Schedule "I"
Schedule"J"
Schedule"K"'
Schedule "L"
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Plan...................................................
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Municipal Servking Standards......................................... ...........................21
Checklist of Works to be Constructed...........................................................29
Itemized Estimate of Costs of Construction of Each Part of the Works.........30
!Deleted)
(Deleted)
List of Lands for Municipal Purposes and Easements to be Granted
to the Municipality
31
(Deleted)
Application for Reduction ofSecurity
.32
IDeleted)
IDeleted)
Schedule"M" - Special Provisions.............................................................. .........................33
MUNICIPALITY OF KINCARDINE
DEVELOPMENT AGREEMENT
THIS AGREEMENT made in triplicate on the
day of September, 2007 A,D.
BETWEEN:
INTERVIVOS INVESTMENTS LIMITED
hereinafter call~ the "Developer" of the FIRST PART
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality" ofthe SECOND PART
WHEREAS the Developer is the owner ofthe Land described in Schedule "A" to this
Developm~nt Agreement (hereinafter called the 'Agreemenf'1 and proposes to develop said
lands.
AND WHEREAS the Municipalityrequires the Developer to agree to construct and install
certain municipal services as bereinafterprovided and herein referred to as the "Works" set out
in Schedule "D" and to make financial arrangements with the Municipality fur the installation
and construction of required services.
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 induding thephrraL
NOW THEREFORE THIS AGREEMENT "WITNESSE1H that in consideration of other good
and valuable consideration and the sum of One Dollar ($1.00) oflawful !OOney of Canada, now
paid by each of the parties hereto 10 each of the otherparlles hereto, (the receipt whereofis
hereby acknowledged), the parties hereto hereby covenant, promise and agree with each other a s
fullows:
SECTION 1 INTERPRETATION
1.1 Definitions
The terms defined in this Section 1.1 shall have the :fOllowing meanings unless the context
expresslyorbynecessaryimpllcationotherwiserequires:
"Agreement" means this Agreement titled "Development Agreement"
"Business Day" means any day that is not a Saturday, SWlday or statulory holiday in the
Pruvinc<lofOntarlo.
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"Certificate of Final Acceptance" means the certificate issued by the Municipa lityafter
satisfaction of the conditions identified in Section 4.3.
"Certificate of Preliminary Acceptance" means the certificate issued by the Municipality after
satisfaction ofthe cDnditions identified in Section 4.2.
"Chief Administrative Officer (CAO)" means the Chief Administrative Officer or delegate fur
the MlID1cipahty of Kincardine.
"ChiefBuiWing Official (CBO)" means the Chief Building Official or designate furlhe
MunicipaIityofKincardine.
"Conservation Authority" means the Saugeen Valley ConsollVation Authority and its
successors and assigns.
"County" means the County of Bruce and its suaessors and assigns.
'Damaj{e/Lot Grading Deposit" means the amount of$2,500.00 per lot or block shall be paid
by the Developer Or Owner to the Municipality by way of cash or letter of credit as described in
Section 8.9 of this Agreement.
"Developer" means, collectively, Intervivos Investments Limited and theirrespecti vesuccessors
and assigns.
"Land" means lire real property which is the subject of the Plan, the legal description of which is
attached as Schedule 'A"
"Municipality" means the Corporation of the MunicipalityofKincardine, and its success"rs and
assIgIlS.
"OWIler" means the Owner ofa lot or block and may include the "Developer"
"Plan" means the siteplanrelating to the Land, a copy of which is attached as Schedule "B"
"Public Works Manager" means the Public Works Manager or his designate for the
Municipality of Kincardine.
"Works" means lheworks and seIV1cesdescribed in Schedule ''D''
1.2 List of Schedules
The following schedules are attached to and form part of thIS Agreement:
Schedule 'A"
Schedule"B"
Schedule"C"
Schedule"D"
Schedule"E"
Schetlule"F"
Schedule"G"
Schedule"H"
Schedule"J"
Schedule"]"
ScheduJe"K"
DescnptlOnofLands
Ph"
Municipal Servicing Standards
Checklist of Works to be Constructed
Itemized Estimate ofCust" of Construction of Each Part ofthe Works
Deleted
"'''''d
List of Landa for Municipal Purposes and Easements to be Granted
to the Municipality
Deleted
Application for ReductionofSecurity
Deleted
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Schedule"L"
Deleted
Schedule"M~
Special Provisions
SECTION 2 _ ORDER OF PROCEDITRE
2.1 Upon application to the Municipality for th", pl"eplmltiOD of an Agreement the Developer
shall:
la) Pay to lhe Municipality the sumoftenthousand($IO,OOO.OO)dollars as a deposit
in respect of the Municipality's legal and engineering costs refurrooto in Section
3.2 (a) herein.
(b) Submit a General Plan outlining the services to be installed.
2.2 Prior to Registering the Agreement the Developer shall:
la) 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 Mumcipal Act including outstanding sewer rates andlor water
rates.
lel Provide proofofpostponement of any encumbrances on the lands.
(d) Deposit with the Municipality's Sol1crtor, copres of this Agreement e><.ecuted by
the Developer, to he executed by the Municipality and retained by the
Munidp~litysSolicitorforregistrationashereinafterprovided.
(e) Deliver to the Municipalitywntten authorization to register this Agreement or
Notice of this Agreement both before and after registration of the Plan, and a
cheque mrespectofthecostofthe said registrations where uponthe
MunictpaIrty'sSolicitorshaIlregisterthisAgreement.
2.3 Prior to starting construction on the Sta'Vices, the Developer shall:
fa) Deposit executed deeds to the Municipality, free and clear ofall encumbrances,
fur any lands to be conveyed to lhe Municipalitytand suchtleffis to be deposited
with the Municipality) prior to the CAO's clearance letter to the County of
Bruce.
(bl Have snbmitted and obtained the wrItten approval of the Municipality's Engineer
forthe following all 10 be done in accordance with the MnnicipalSemcing
Standards oftbe Municipality:
. The Drainage Plan;
. The Lot Grading Plan;
. The Service Layout Plan fur underground electrical services. telephone, gas,
elC.;
. FmalapproveddrawingsforaIlWorksrequiredinScbedule"D"tothis
Agreement.
(c) Ifrequired. subrmt to the Municipality the Ministry oflhe Environment's
Certificate of Approval for the Water Supply and Distribution System, the
Sewage Collection System, and the Storm Sewer System and Storm Water
Management Works.
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(d) Provide written confirmation of having obtained the approval ifrequired for
drarnage,roadcrossllgs, encroacl1n1rot, etc. of all road authorities including the
Municipality. County. ConservatIOn Authority, the M:inistry of Transportation of
Ontario and any other authority involved.
2.4 Prior to the sale of my lot and/or prior to the issuance of building permits the
Developer shall:
(a) Have complied with all requirements of Section 8.9.
2.5 Prior to :my penon occupying any building, the Developer shall:
(a) Have complied with all the requirements of Section ~.10 of this Agreement.
SECTION 3 - INS'l'ALLATION OF SERVICES
3.1 General
The Developer shall design, construct and InStall at Ins own expense and in good
workmanlike manner to the SolrV1Cmg standards oflhe Municipality as set out in
Schedule "C'to thiR Agreement.
3.2 Municipality's Ugal and Engineering Costs
fa) The Developer agrees to pay the Municipal1ty's COSI oftlw Municipal Solicitor
and of the Muuiclpality'sEngmeer's mvoices for the ohecking of plans and
specifications and for supervision and inspection on behalfofthe Municipality.
(b) The Developer shall be invoiced regularly by the Municipality for all costs
incurred by the Municipality with respect to this Agreement.
(0) The Developer shall reimburse the Municipality for all costs incurred by the
Municipality as referredto in Section 3.2 (a) herein, within thirty (301 days of
each billing, failing which the Municipality and its agents shall oease allwurk
with respect to the review of the Development.
Cd) 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 depostt (or the
balance thereof; ifany) shall beretnrned to the Developer at Finai Aceeptance of
the Dwelopment by the Municipality and the Municipality being satisfied. in its
discretion, that aIlcostsinSection3.2 la) herein;md any contingencies with
respect to the Development have heen paid in full.
(el The Developer shall pay to the Municipality, on thirty (30) days written notIce
from the Municipality, such amount as is necess~ to maintain the deposit
referred to in Section 2.1 at the sum of two thonsand C$2,OOO.OO) dollars, failing
which the Municipality and its agents shall cease all work with respect to the
revWw ofthe Development.
3.3 Developer's Engineer
The Developer shall employ engineers registered with Professional Engineers Untario
and approved by the Municipality:
(a) To prepare designs;
(b) To prepare aru:i fumish all required drawings;
Ie) To prepare the necessary contract(s);
(d) To obtain the necessary approvals in conjunction wlth the Munioipality, the
CountyH~alth Unit and the Ministryofthe Environment, and others as required.
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(e) To provide the field IayoUl,the oontract documentation and the full time
supervision of construction.
(I) To maintain nil records ofoonstruction and upon completion, ro advise the
MunicipaIity's Engin<:er of all constmction changes and to prepare final "as
constrncted"drawings. Digital files of the "as oonstrucled" drawings shall be
submitted to the Mumcipal Engineer and the Murucipalityprior to the issuance of
the Certtficate of Final Acceptance. Digital files shall be in the formal of
AU/DeAD dxfor dwg files. coordinates ofUTM Nad 27 zone 17 North or UTM
Nad 83 zone North witb and accuracy of 1 meter or less.
(g) To act as the representative of the Developer in all matters pertaining to the
construction.
ili) To provide oo-ordination and scheduling to comply with the timing provisions of
this Agreement and the requirements of the Municipality's Engineer, for all
works specifiedinthis Agreement.
(i) To provide certification that the installationofservices was in confunnanre to
said pJans and specifications, such certification to he ina furm acceptable to the
Municipality'sSolicitor~ndtheMunicipality'sEngineeL
G> To take such other actions as may be required by the Municipality, acting
reasonably, for the completion <)fthe Development in accordance with this
Agreement and good engineering practices.
3.4 Works to be InstaUed
The Works to be installed are set out in Schedule "D" to this Agreement. This schedule
is tu set uut the works in gomeral tenns unlyand shall not be construed as covering all
itemsindetail. Ifat anytime and from time to time during the development, the
Municipality sEngineer is of the opinionthat additional works are necessary to provide
adequately any of the public services required by the Plan, the Developershell,athis
expense, construct, install orperfurm such addilional works at the request of the
MunicipalilysEngineer.
3.5 ApprflvalofPlans
The detailed plans and specifications ofall services must be submitted by the
Dweloper to the Municipality's Enginrer for endorsement of approval and such
endorsement of approval shall in no way absolve the Developer or ils ronsulting
Engineers ofresponsibility for euors in or omissions from such plans and
specifIcations.
3.6 Notification ofComm~ncement
The Developer shall not commence the construction of any of the works until the plan
hasbeenregisteredandthe~veloperhasprovided72hourswrittennoticetothe
MU11ICtpalrty's Engineer ofhis intent to COIllllhJn.:e work. ShouW, for any reason, there
be a cessation or interruption ofconstrucl1on. the Developer shall provide 72 hours
wnttennottfical1on to the Municipality's Engineer befote work is resumed.
3.7 Progress of Works
The Thweloper shall install all Works ina timely manner, in accordance with the
requirements of Schedule "C" and this Agreement. lfhe fuils 10 do so, having
commenced to install the aforesaid works, fuils or neglects to proceed with reasonable
speed,orinthe event that the afuresaid works are not being installed in the manner
required by the Municipalily, then upon the Municipality giving sev<'1l (7) days written
notice by prepaid registered mail to the Developorr, the Municipality may, without
further notice, enter upon the said Iands and procood to supply all materials and to do
allthe necessary works in connection with the installation of the said works, inclnding
the repair or reconstrnction offuult work and the replac<'1ll<'1llofmalerials not in
accordance with the specifications, and to charj,-ethe cost thereof together with an
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engineering file often p.m:ent (10%1 of the cost of such materials and works to the
Developer who shall fOrthwith pay the same upon demand. If the DolVeloper fails to
pay the Mumcipality within thirty (301 days afdale on the bill, the money owing may
be deducted fromtbe cash deposit, letters of credit. or other secunl1es. It is understood
in the event that the MuniCipality must enter upon said lands and have works completed
onepaired due to situation., as outlined above any or all origmal mylars and
speciflcatrons prepared by the Devdopolr'S EnginColr lDllst be turned owrto the
Mumcipality's Engineer for his use should he require same. Itisunderstoodandagreed
between the parties hereto that such entry upon the lands shall be as agent fur the
Developer and shall not be deemed for any purpose whatsoever, as an acceptance or
assumption of the said Works by the Municipality. The MllIlicipality, in addition to all
other remedies may refuse to issue building permits until such Works are completely
installed in accordance with the requirements of the Municipality.
Without limiting the obligations ofthe Developer herein, ifthe Developer shall default
ontheperfurmanceofanytenn,covenantorprovislonofthlsAgreementandifsuch
defauk shall continue fur ten (10) days after the Developer receives wriltennotice of
such default by the Municipalitylorsuch shortertime as may be required in the cases
ofanemergencyorotherurgentmattersorasotherwiseprovidedforherein),the
Municipality may perform that obligatlon on the Developer's behalf and may enter onto
the lands constituting the Pian for this purpose, If the Municipalily is compelled or
elects to incur any expense in connection with its perfOnnance of the Developer's
obligatiol1'l{including any engineering or legal rees incurred in connection with such
actions),anyreasonable costs so incurredbytheMunicipality,togetm:rwithallinterest
thereon and any damages incurred,shallbepayable to the Develuper arul 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
Priortuthestartofconstructionandpriortutheissuanceofbuildingpennits,tlw
Developer shall supply fur the approval of the Municipality's Engineera Schedule of
Works setting Oul the order inwhichhe considers the various sections of the works
within the Plan will be built. The Municipality's Engineer may amend this schedule
and the Developer URlSt construct. install or perform the work as the Mumcipahty'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.
3.1U Utility Costs and Chargel;
The Developer shall deal directly with all Utility companies. He or Ius Consultmg
Engineer, shall obtam all approvals and pennits and pay all fees and charges directly to
the appropriate Utility.
3.11 Access Roads
Allllccess 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 Development as well as dust control. No roadway outside the
limits ofthe proposed Development maybe closed without the written consent of the
Municipality. To obtain such consent. the Developer shall advise the Chief
Administrative Officer (CAO), not Iaterthan 14 days prior to the proposed closure, of
the date, time and durationtheywlm to close a roadway. All costs for advertising the
closure and signage shall be bome by the Developer. The Municipality reserves the
right to limit or prohibit the use ofanyexisting access road by the Developer.
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3.12 Movement of Fill
The Developer covenants and agrees that it shall not durnp norpennit to be dumped
any fill Or debris on, nor shall it remove Or permit to heremovedanyfill,topsoil.trees
or shrubs from any public lands, other than roads, wRhout the written consent of the
Municipality's Engineer. The Developer further agrees that no topsou shall be
removed from the lots and/or blocks except for construction purposes Within the
development and Ihen such topsoil shall be stockpiled during grading operations and as
each building is completed, the lopsoilw sWckpiled shall be repJaced on the ground
around each building to comply with the Municipal standards. and the replacing of such
topsoil shall include all surfaces not coveredbybuildings, driveways or pavement
within the development. Exc<::ss topsoil may be removed from the site with the
approval of the Mumcipality's Pubhc Works Manager.
3.13 Damage to Existing Plant
The Developer shall repair any dalllilge cuused to any existing road,road allowance 0 r
existing structurl.'orplant located onthe road ll110WiUlce as a result of the developmen t
and shall pay fur any costs mvolved in relocation of existing service such as hydrants.
telephone poles, hydro poles, pad mount transformers, cubicles and pedestals, etc. .
which rnay be necessary booause of the development.
3.14 CDeletedl
3.15 Testing
The Municipality's Engineer may have any quahtatlve or quantllatlve tests made of any
matermls which have been or areproposed to be used in lhe construction of any oflhe
works required bylhis Agreement, or may require additional television camera or soii
tests to be carried out, and the cost of such tests sball be paid by the Developerwit hin
ten days of the account being rendered by the Municipality. Nothinghereinshail
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 necessaryprecautious to prevent erosion and
sedimentation ofsewers, ditches, culverts, slopes, etc., both within the Deveiopment
and downstream during oonstruction and rompletion of servicing. Failingadequate
precautions being taken, the Developer will be responsibie fur correcting any damages
and paying all mainteuance costs resulting therefrom.
3.17 EmergeneyAccess
The Dcveloper shall at all times during construction and development of the Works
maintain emergency access to the land to the satisfaction of the Municipaiity's
Engineer.
3.18 Construction Refuse and Weeds
The Developer, and each subsequent Owner of Lots or Blocks within the Plan, shali
reguiarlydispose ofallconstructionrefuse, debris or weeds whether it be from site
servicingorhousebnildingoranyothersourcerelat~o.ltothedevelopmentofthesite,in
an orderly and sanitary fashion. If the Developer or subsequent Owner of the Lots or
Blocks within the Pbn fails to remove and dispose of construction refuse. dehris or
weeds to the satisfaction of the Municipality's By law Officer, the MWlicipaiity may
give writtl.'ll notice to the Developer or Jot Owner. If the Developer or each subsequent
Owner of Lots or Blocks within the Plan fails 10 dispose ofthe refuse, debris or weeds
within furty-eight (49) hours after receivrng a written request from the Municipalityto
do so, the Municipality may, without further notice, Wldertake such removal and
dispositionandthecostthereofshallbepaid by the Developer or each subsequent
Owner of the Lots or Blocks within the Plan forthwith upon demarul, which costs shan
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include all expenses IDcurrOO by the Municipality in carrying out such removal and
disposition. TIre burning of construction refuse, debris of weeds, whether it be from
site servicing or house building or any other source related to the development of the
site on any lends within the Plan is prohibited.
3.19 DustCuntrol
Until the FinaJ Acceptance of ell Services to be constructed under this Agreement, the
Developer shall use such reasoneble method to preverrt anydust problem to traffic or
home occupants as the MunicipeJity shall deem necessary and furthis purpose th e
Public Works Manager shall notify the Developer in writing from time to time of the
requirements ofthe Municipaiity.
3.20 (delet~d)
3.21 (dl"Ieted)
3.22 Blasting
The Developer agrees that no blasting will "" undertaken without the written consent of
lhe Municipal Engineer.
3.23 (Deletedl
3.24 Contaminants
Inthe l.'vent the Developer discovers any waste, wntaminants, pollutants, hazardous
substances Or any other sirnilor substances that m~y be detrimental to the environment
duringthedevelopmentoftbelandsconstitutingthePlan,theDeveloperherebyagrees
to notify the Municipality and the Ministry ofthe 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 dctrimentalto the enviromnent. Intaking
such action, the Developer shall fulfill all legislative requirements fur the rem ediation
and clean-up of lands constrtutmg the Plan and shallcomplYWlthall legislal1ve
requrrementsregulatingtheremoval,transportationanddisposalofsuchwaste,
contaminants, pullutants, hazardous substances orany other similar substances from the
said lands,
9
SECTION 4 - ACCEPTANCE OF MUNICIPAL WORKS
4.1 StllgesofConstruction and Services
The Municipalitywill grant Preliminary or FinalAcceptance of servicing baseclupon
three (3) stages of construction; and when the development is phased, within the whole
of each phase as approved by the Mumcipality. Stages of construction are as follows:
ta) Stage 1 - consists ofall underground Works mcluding storm sewers and storm
water management facilities. sanitary sewers, watermatllS and the completion of
Grarmlar"B" road base, Grnnular"A" curb and gutter, and base coat(s) of
asphalt.
(bl Stage 2-services shall include the balance of the road works including topcoat
of asphalt, grnding of boulevard areas, construction of all drainage swales and
outlets,sidewalks,etc.
Ie) Stage 3-services including topsoil and sodding. and any other requirements of
this agreement.
4.2 Inspceti'mandAceeptanceuftheWorlts
When all ofthe services in any stage of servicing as identified above have been
completed and the Municipality's Engineerhas been given written certification by the
Developer's Engineer Ihat such services have been collStructed in each stage in
accoroance with the approved plans and specifications inthis Agreement and upon
satisfactory inspection by the Municipalily 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 llllIst repair.
The services shall then be subject 10 a gnaranteed maintenance period as described in
Section5.\.
4.3 Final Acceptance of the Works
On receipt of a written request from the Developer for final inspection and final
acceptance following cumpletiun of the guaranteed mamtelllUll:C period outlined in
Section5.1, the Municipality's Engineer will complete an inspection and if there are no
deficiencies, will recummernl 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 Munkipality is:
Satisfied the applicable services have been completely instal1ed;
Satisfied all repairs Or rn:linteuance work onthe applicable services have been
completed.
and the Municipality has;
Approved the furmal certifical10n offrnal completlOn from the DtWCloper's
Engineercettifying that all Works and services have been installed;
Received as-built drawings as detailed elsewhere in this Agreement.
4A A~pmnceDurlngWimerfVlonths
The Municipality will not be required to provide Certificates of Preliminary Or Final
Acceptance during the winter months or anyothertime of year when inspection of the
Works and services is impractkal due to snow oover or other adveIse conditions.
10
4.5 Use of Works by Munidpality
The Developer agrees that:
(a) The Works may be usedpriorto acceptance by the Municipality, or other
authorized persons rorthepuTposes fur which such works were designed.
(b) Such use shall not be deerned an acceptance ofthe Works by the Municipality_
(c) Such use sballnot in any way relieve the Developerofhis obligatiuns in
respect of the constrnction and maintenance of the Works so useu.
4.6 ReplacemenjofSul'VeyBars
Prior to the final acceptance by the Municipality. tbe 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,msatlsfactoryconwtJonorreplacedall
surve)'lllOnurnents and iron bars as shown on the registered plan.
4.7 OwnershipofServiees
Uponthe ISsuance tolhe 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 ex.cept those occurring as an owne:r ofthe lands
abutting the streets where such services are installed.
SECTION 5 - MAINTENANCE OF WORKS
5.1 MaintenaneeofWorks
The Developer will be responsible forthe repair and maintenance of all services until a
Certificate of Final Acceptance is issued by the Municipality. This maintenance period
shall extend for two (21 Y<larS from the date ofthe Certificate of Preliminary
Acceptance for each Stage OftM Works. During this maintenance period. a 10%
security holdback shall be retained by the Municipality in accordance wilh lhe
provisions of Clause 9.1 (e)ofthis agreement. Ifduringthisperiod,theDeveloperfails
to carry out maintenance workwilhin seventy-two (72) hours after recelpt of the
request from the Municipality, then the Municipality's Engineer or Public Works
Manager may, without further notice, undertake snch maintenance work and the lotal
oosts of such work, including engineering rees. shall be borne by the Developer. If the
Developer fails to paylhe Municipality within thirty (30) days oflhe date of billing
then the money owing may be deducted from the
deposited securities. TowardstheendoftheMaintenancePeriod,theDevelopershall
make written request to the Municipality for a final inspection to be made in respect to
the issuance of the Certificate of Final Acceptance.
5.2 (Deleted)
5.3 EmergeJlcyRepair$
Employees or agents of the Municipality may !.'nter onto the Land at anytiIru: or from
time to time fur the purpose of making emergency repairs to anyofthe Works. Such
entry and repairing shall not be doomed an acceptance of any of the Works by the
Municipality or an assumption by the MUlllcipahty of any liablhty ill connecllon
therewilh ora release of the Developer from anyofhis obligations under this
Agreement.
11
SECTION 6 DRAINAGE AND LANDSCAPE DESIGN
6.1 Drainage
All Lots and Blocks withinthe Plan and all lands abutting the Plan shall be graded to
drain in accordance with the Drainage Plan as approved by the Municipahty's
Engineer. It is understood and agreed by the parties hereto that the dramage ofsurfuce
watersonthe L;.ts andBJocks in the Plan. are the soJe responsihilityofthe Develo per
and subsequent purchasers. and they shallto provide and maintain adequate drainage of
such surface works. Satisfuctorydminage outlets shall be provided Drainage outlets
shall be constructed from the limits of the Development to a sufficient outlet in
accordance with the appmved engineering drawings.
6.2 Preservation of Trees
The Developer shall strive to preserve healtbytrees. except for the actual area of
roadwayconstruction,theinstallationofservices, orthe areas within the building
envelope. No additional trees shall be removed without the Public Works Manager's
wnttenpermisslon.
6.3 (deleted)
6.4 Lot Grading
Th<: Lands shall not be graded except in general confurrnity with the grades and
elevahons shown on the Accepted Grading Plan. Th<: Plan shall bear the signature and
seal of an Untario Professional Engineer holding a Certificate of Authorization from
ProfessIOnal Engmeers Ontario or who is employed by a parlnill"ship or corporation
holdmg such Certificate ofAnthorization 10 offer professional engineering stll"'Vicesto
the pnblic (hereinafter called a "'ProfessIOnal Engineer'') or a ReglStered Ontario Land
Snrveyorwho certifies thereon that the Plan generally confunns with the u.t Grading
Plan artached to the Agreement or filed with the Municipaiity's Engineer.
6.5 Maintenance of Lot Grading
All lot grading and drainage fucilities and works reqnired by Section 6 or elsewhere in
this agreement shall be provided and maintained by the Develuperur subsequent uwner
of each individual lut frumtime totime,inperpetnityatsnchparty's wk: risk arnl
expense.
SECTION 7 - LANDS TO BE CONVEYED
7.1 Lands for Municipal Purpo.u
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 lIUItually
agreed upon by the Owner and the Municipality, or to make a cash payment ill hen
thereofas stipnlated by the Municipality and also to convey to the Mnmclpal1ty in fee
sirnple. the 0.3 metre reserves and other Iands required by the Municipality. Thedeeds
forthe said lands are to be approved by the Mnmcipahty's Solicitor and thereaft<lT
forthwith registered and deposrted with lhe CAO. The cost fur preparation and
registration ofthe said deeds shall be paid by the Developer. A list oflandsfur
mnnicipal purposes to be conveyed to lhe Mumcipality shallbe set out in Schedule "H>>
of this Agreement.
7.2 Easements
The Developer agrees to grant at Ius expense all such easements and right-of-ways as
rnayberequiredfurtheInstallationandsupplyofservicestotheDevelopment. Alist
of easements and right-of-ways to be granted to the Municipality sball be set ont in
Schedule "H" of this Agreemenl.
12
7.3 (Deleted)
SECTION 8 - A.DMINISTRATION
8.1 Voiding Agreement
Intbe event lhat lhe Plan IS not regiStered withln one year from the date of the signing
oftrus Agreement, the Municipality may at its option declare this Agreement to be null
and void. AlI~'OslsincurredshallbedeductedfromthedepositpaidbytheDeveloper
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 "attbe expense of the Developer ' and "as
approved or accepted bytbe Municipality' unless specifically stated otherwise.
8.3 (Deleted)
8.4 Developer'sUabilities
Until the Municipality has issued the Certificate of Final Acceptance fur the Works,the
Develliporr hereby inuenmifies and saves h:mnless the Municipality against all actions,
causes ufadion, suits, claims and demands whatsoever which may arise either directly
or inUirectlyby reason ofthe Developer undertaklng the Pian.
8.5 Insuranre
The Developer shalllnsure agalnst all damages or claims fur lbmage in an Insurance
Company satisfactory to the Chief Mmlnistrative Officer (CAO). Such policy Or
policies shall be issued In the jolnt names ofthe Developer, the Municipality and the
Municipality s Engineer and the form and content shall be subject to tbe approval of the.
Municipality. The minimnm lirnits of such policies shall be $2,000,000 all lnclusive.
but the Municipality shall have the right to set higher umourW<. The said insurance
policy shall lnclnde a provision that requires the insurance company to provide the
Municipality with thirty (30) days notice of termination of such policy. Thepolicy
shall be In effect for the penod of thts Agreement 1l1duding the perIOd guaranteed
mamtenance pursuant to Section 5 of this Agreement. Theissuanceofsuchapohcyof
insurance shall not be construed as rehevmg the Developer from responsibility for other
or larger claims. 1fany. for which he may be heW responsible.
8.6 Legal Notice to Developer
Any nottce required to be given hereunder may be given by registered mail addressed
to the Developer at his principal place of business and shall be effeclive as oftheda te
of the deposit hereofin the Post Office.
8.7 Registration
The Developer consents to lhe registration of this Agreement upon the title to the Lmd
both before and aJ:ler registration ofthe Plan lit the sole discrction of the Municipality
and at the expense of the Develop.rr.
8.8 Assignment or Transfer QfMQrtgage
The Developer covenants and agrees to obtain and register, at its sole cost and expense,
a postponement from each encnmbrancerwith a charge regiStered against title to the
Land (or part thereofl so that notice of this agreement shall be registered inpnontyto
any such charge.
13
Further, the Mortgagee, lfany, agrees that in the event oflnmassignmg or transferring
the mortgage on the lands. the assignment or transfer iiliall be subject to the terms
hereof in the same manntlT as ifthe assignee or transferee had executed this Agreement.
8.9 Requirements for Building Pelll1its
The approval ofthe Plan by the Municipality or the acceptance hythe 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 LoIs or Blocks shown on the Plan.
Notwithstanding the furegoing,the Developer agroos that it, or anyone claiming titled
from it or under its authority. sballnot apply fur any building permits fur Lots or
Blocks within the Plan until all requirements hereinafter set out have been earned out to
tbesal1sfactlOlloftheMuniclpal1ty.ItlSagreedthatacopyofthisSoction8.9shallbe
dehveredbytbe Developer to each and every Purchaser of Land within the Plan and to
each and every Builder obtaining a Building Permit for any LlI Or Block or part ofa
Lot or Block wilhin the Plan and Ihe Developer shalle:\tract a covenant similarto this
covenant from all such Purchasers and Builders, The Municipality shall have the right
to refuse any such applicatiou until:
(a) Preliminary Acceptance has been granted by the Municipality for Stage I
servicing for that phase of the Development.
(b) A certificate has been given by the Municipality's ChiefBuiWing OffICial that
thebuiWing location is in coropliance with the wning by-law oflhe
Municipality.
t cl Payment to the Municipality by cash in the amowrt of the cw:rent applicable
Development Chargels) per Lot or Block in the Plan under the Development
Charges By-law of the Municipality.
(d) The Developer agrees that the precr-ding requirements in this Section8.9.re in
addition to and not in substitution of the requiremt'Ilts of the Ontllrio Building
Olde Act as amended and regulations thereunder with respect to the issuance of
BuildingPennits.
8.10 Requirements for Oa:upancy
No building erected onthe Lots orBlocks within Ihe Plan shall be=pieduntil a
Certificate of Inspection reo Readiness for Occup=cy has been issued by the
Munidpality's Chu,fBuiWing Ufficial and the said Certificate shall not be issued until:
(a) Preliminary Acceptance has been granted for Stage 2 serv:icing for the phase of
the Development induding the Lot or Block.
(b) The Developer agrees that the preceding requirements lnthis Section are in
addition to and not in substitution ofthe requirements of the Ontario Building
Code Act as amended and regulations thereunder with respect tu certificates for
occupancy.
8.H (Deleted)
8.12 Right tu Enter intu 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 Municip ality
to enter into this Agreement and to enforce cachand 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 aclcnowledges that the Municipaltty tS entering into this Agreement and
appruvingthe Plan on Ihe express representation of the Developer that it and its
successors and assigns shall observe and perfonn all the provisions of this Agreement
and that the Munkipality is ofthe opinion that the Plan would not be m the publtc
"
interest if the Developer, its successors and assigns, the Owner oroWIl"'S from time to
time of the land within the Plan were nut obligated to observe andperfonn all the
provisions hereof except to the extent the Municipality may lawfully change them.
8.13 SuccessorsllndAssigns
TI1<: covenants, agreement, conditions, and undertakings herein contained on the pmt of
the Developer shall run with the land and shall be binding upon it and upon its
successors and assigns as owners and occupiersufthe said lands from time to time.
8.14 NotilicationtoPurchaser
The Developer shall in every Agreement of Purchase and Sale or Offer to pJll'(;hase
pertainingtoanyLoturBlockwithinthePlanootifye~chpurchaserof:lllofthe
payments to be made by the purchaser tu the Municipality pursuant to this Agreement
and all ofthe provisions oIthi, Agreement which shall continue in force after the
completion of the sale. Further,lhe Developer shall furnish a listuf those services
included in the purchase, specifYingtbose installed and those to be installed at 00
additional cost.
8.15 Scheduling, Progress and Completion
The Developer shall connnence construction of services within eighteen ti8) months of
the signing "fthis Agreement or the registration of the Plan whichever is earlier.
Within eighteen (18) months ofthe date of commencement of the servtcing of any
phase, the Developer shall complete the installatiou of the Stage 1 services. !nauy
phase, the top coat ofasph~lt shall be completed within twenty-four (24) months of
preliminary acceptance ofStagl.' 1 ofthe services; Wl1esswritten con'<eIlt altering this
condition is received from thl.' Municipal Engineer. Failure to adhere to the above
schedule may result in tho: Municipality completing the Works in a=rdance with
Sectiun 3.7 of this Agreement. If the development is phased, the date for
conunencement of construction on the balance of the phases may be delayed forupto
five years. Failure to commence construction within the time schedule above may
result inthe Municipalitydeclaringthis Agreementtobemlilandvoid,and the
Municipality maydeem the property not to be a Plan ofDev<:lopment.
8.16 No Municipal Liability
TIns Agreement and the provisions herein do not give the Developer or any person
acquiring any interest in the land wrthin the Plan (each hereinafter inthis clause called
"such person"). anynghts against the Municipality or the MWlicipality s Engineer with
respect to the fiulure of any suchptlI"Sonto perfurm any obligations under this
Agreement or the failure of the MWlicipality to force such person to perform any
obligationsundertlns AgreemeDt or any negligence ofauy such person in the
performanceofthesaidobligatioIlS.
TheonlydutyandresponsibilityoftheMunicipaJitysEngineerarisingoutofthis
Agreement is to the Municipality and this Agreement. Any work or services done or
perfurmed by the Muni,'ipality s Engineer under this Agreement do not in anyway
create any liability on the part of the Municipality's Engineer to the Developer or any
personaC<.juiring any interest in the land within the Plan.
8.17 Assignment
The Developer shall not assign this Agreement without the prior written consent of the
Municipality, which consent may not be unreasonablywithheld.
8.18 Conflict
In the event ofany conflict hetween or among the plans andspeciflcations relating to
the construction of the Works. the Municipality's Engineer shall decide which
provisions shall prevaiL
15
8.19 Severability
Ifanytenn covenant or provision of this Agreement shall be found or declared bya
Court ofcompetentJunsdictlon to be invalid, unenforceable or ultra vires, such term,
convenant or provision shall conclusively deemed to be severable from all other terms,
covenants and prOVISions of thIS Agreement and the remainder oflhis Agreement shall
he and remain in full force and efIecl.
8.20 Amendment
Without in any way limiting the rights ofllie Mumcipahty. the Developer agrees that
the Municipality may, with the consent ofthethen registered ownerofany land withm
the Plan. amend this Agreement msofar as it specifically affects su~h land or any part
thereof.
8.21 Further Assurances
The Developer agrees that it shall and will, on the request oftbe Municipality, make,
do, execute or cause to be made, done Or executedllll such further and other deeds, acts,
things and assuranceS to ensure the full implementation of this Agreement and to satisfy
the intention ofllie p:rrties as set Qut in this Agreement.
8.22 Joint and Several
Alltenns, covenants, provisions and obligations ofthe 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 of the Municipality.
The Develliper agrees to pay fur all arrem; of taxes outstanding against the property
herein described before the approval ofthe said Pian is obtained. The Developer
further undertakes and agrees t" pay all taxes levied on the said lands On the basis and
in accordance wilh assessnrent arnl c"llector's roll entries until such time as the lands
herein being snbdivided 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 LocalImprovement Act, and the Municipal Act,
including but not limtted to charges or ratea outstanding in respoct ofthe Lands under
any sewer rate andlorwater rate by-law whtch are assessed against the property on the
Plan. Before the Plan ts approved the Developer agrees to conunute arnl pay the
MumClpahty'S share of any charges made underthe said Drainage Act, the said Local
Improvement Act and the said Municipal Act presently servicing this property and
assessed against it.
9.2 Secnrities
Prior to regIStenng thts Agreement, the Developer shall deposit with the Municipality
to cover the faitbfulperfonnance of the contract forthe installation of the said services
and the payrnent ofallobligarions and contingencies arising therennder the follliwing
securities:
(a) Cash in the amount of One Hundred Pel'\:ent (iOO%) of the estimated cost of the
said all works as setout inS...hedule <<E" and as approved by the Municipality's
Enginoor arnl Municipal Council. plus $50,000 as security related to the
complelionofthesiteworks,or
16
(b) An irrevocable Letter ufCredit from a chartered bank, issued in furmand content
satisfactory to the Municipality's Solicitor, in the amount urOne Hundred
Pelcent{lOO%)oftheestimatoocostofallworks as set out in Schedule "E"and
as approved by the Municipality s Engineer, plus $50,000 as security related to
thecompletionofthesiteworks,or
(e) Some combination of cash and LetterofCredit, totaling 100% of the required
security.
(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 fur approvaL
WheD the cost estimate has been approved it will be set out in Schedule "E" of
this Agreement and will become the basis [urlhe limits of these securities.
{c) All Letters ofCwdit 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;s a condition ojthe utter ofCro!dit thJl it shall be deemed to be
m,tomotlcally rn<?nded li;thout amo!ll.ir>lI?1'ltfrom vear to year from the pro!S<?ntor
allY fUture expiratioll dOlte thereof. unless at least thirty (3()) days prior to tho!
present or any future expiration date. we rwt!1Y you in writing by registered mail
that we efo!ct lWt 10 consider this Lo!tter oj Cro!dit to be nnewabfo! for any
additional period. "
(I) Unless each and every LetterofCredit is renewed as noted above, the
Municipality shall have the absolme right to refuse to issuebnildingpemrits and
to prohibit occnpancy of homes, whether partially or fully completed, from the
said datethirty(30) days prior to the expitation of that Letter ofCre<iit.
9.3 Reduction of Securities
An application for the reduction ufthe security on deposit with the Mwricipality
pursuant to Section 9.2 herein may be made no earlier than thirty ()Ol days after the
commencement of construction oft he Works 3I1d every thirty (30) clear days thereafter.
(al To obtain areductionin security the Devek>persballfile with the Mwricipality's
Engineer a written application in accordance with Scbedule 'J"attachedbereto.
rb) The application shell include written confirmation from the Developer's
Engineer:
. olescribingtheWurksconstructedllS~tthedateoftheapplicationanda
calculation of the cost thereoi
. confinning that the Works have been installed by the Developer with full
t:it1re supervision of the Developer's Engineer and in accorda!h:e with the
requrremenrsofthlS 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) ThevalueofthereductionshalIbedetenninedbytheMunicipalitysEngineer
whu shall give a certificate to the CAD and the Developer confirming the amount
of the reduction of the secw:ity and the amowrt of the security remaining on
deposit with the Municipality.
(d) The value ufthe reduction shall be based upon the value ufthe Works remaining
to be completedbytheDeveloperplustenpercentOO%lofthevalue of the
Works completed to the dare ofthe application.
(e) Subject to any outstanding deficiencies or wntingencies, the Municipality
throughout the maintenance period shall hold as security the greater often
percent (10"10) of the estimate of the cost of the Wurks as set out in Schedule"E"
or five thousanol olollan; ($5,000.00).
17
9.4 Statutory Declaration of Accounts Paid
The Developer agrees that upon applyrng fur a discharge of securities or lDr a
Certificate of Preliminary Acceptance furlhe services, he shall supply the Mumcipality
with a Statutory Declaration that aU accounts fur work and rnaterials fur said services
have been paid except normal guarantee hoWbacks and that there are no claims fur liens
orotherwiseinconnectionwithsuchworkdoneormaterialssuppJiedfororonbehal[
of the Developer in connection with the Development.
9.5 The Construction Lien Act, R.S.Q. 1990 Co C-30
The Developer agrees that it will hold back in its payments to any Contractor who may
constructtru: services, such surns as are provided inaccurdance withthe Construction
Lien Act, R.S.Q. 1990, c. C.30, and will otherwise indenmifY and save harmless the
Municipality against any claims, actions or demands fur construction liens or otherwise
in connection with the works and all costs in connection therewith, and on the demands
of the Municipality s Solicitor will forthwith take such steps to immediately discharge
alILiensupontheservk:es.
Notwithstanding anything to the contrary contained in this Agreement, the Developer
hereby agrees that the filing ofany liens pursuant to the said Construction Lien Act.
with respect 10 the land described in Schedule 'A"attachedherelo, shall constitute a
default by the Developer ofthe terms of this Agreement and shall entitle the
Municipality to draw on any orell of the security referred to in Seclion 9.2 oftbis
Agreement and to utilize said draw to make payment into Court ofthe holdback
togetherwithoosts.
9.6 Rt,lease
Upon completion of:lll the requirements of this Agreement, the Municipalitywill
execute a release oftills Agreement. The completlon and regIStration of such release
shall constitute a full and final release of the ohhgatlOns of the Deveioper.
Notwithstanding the filregomg, the CAO shallllOt be required to e..ecute a partial
release unul the various services have beencornpleted in accordance with the terms of
thi. Agreement and the pIans and spectficatlOnsprovided fur herein.
SECTION 10 - SPECIAL PROVISIONS
10.1 The Developer and the Municipality agree that the provisions set furth in the attached
Schedule "M"forman integral part of this Agreement.
IS
SECTION It-SIGNATURES
TIllS AGREEMENT shall be binding upon and inure to the benefIt of the parties hereto
and theirrespoctive heirs,executol1l,administrators, successors and assigns.
IN WITNESS WHEREOF the parties hereto have executed this Agreement.
SHiNED. SEALED AND DELIVERED this dayofFebru~ AD. 2007
vas INVESTMENTS TED
IpOtis Vice President
( ehaveauthoritytobindtheCorporation
,
( CORPORATION ofTHE MUNICIPALITY OF
:~INE %.
; "Y"' d ;0'
,\:,,-- ~~?~o~~!/
(Chief Administr.ltive Officer
(WehaveauthoritytobindtheCoIporation
Developer's Address; 10 Eglinton Ave. W. Suite 1402, Box 2040, Toronto, ON M4R lK8
Developer's Telephone: 416-4~9-2~33
Thlveloper'sF:!csimiJe: 411i-4~6-6017
19
SCHEDULE "A~ OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
DESCRIPTION OF LANDS
Lot F and G, Reglstered Plan hl (North Side of Broadway Street East) and Lot 10, Registered
Plan 127 (Geographic Town ofKmcardine), Municipality of Kincardine, County of Bruce.
20
SCHEDULE "8" OF AGREEMENT
NOTE; It is understood and agreed that this Schedule furms part of the Municipality s
Agreement.
Th<: attached plan shows the property to be serviced.
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21
SCHEDULE "0' OF AGREEMENT
NOTE; It i~ understood and agreed that this Schedule furms partoftJre Municipality s
Agreenrent.
MUNICIPAL SERVICING STANDARDS
1.0 GENERAL
Service Layout Plan
A copy of the General Plan shall be submittoo to the Municipality identifying the
proposed locations of Bell Cables, electrical scrvicing, gas mains, co-axial television
cables as well as watermams.. storm solWers and sanitary sewers. All locations must be
established and resolved by the Developer's Engineer inconjunction with the Utility
companies and fullowing the locations shown on the Mumcipality's Typical Cross-
Section.
2.0 PLANS AND DRAWING REQUIREMENTS
Plan and profile drawings must be prepared in a digital funnal, which is compatible with
AutoCAD Release 14, and on velum or mylar, fur 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 Engiru:..r and tumed overto
the Municipality as a permanent record prior to the aceeptance uf services required to be
providedbythedevelope:r.
The fullowing standards shall be adhered 10 in preparation of these drawings:
(a) All proflli:s must be shown to the geodetic datumwhieh is noted on each
drawings.
(b) Ingeneral,East-West streets shall have zero chain;lge at their Westerly limits and
North-South streets shall have zero chainage at their Soulherly limits. Chainages
on Pbn and Profile shall increase from left to right.
(el Drawings shall be ofa consistent size 5CJ4mmx841=
Idl
Scales shall be as follows for drawings>
General Layout Plan Scale Ratio
Plan-Profile Drawings Horizontal
Vertical
or Horizontal
Vertical
Ratios shall be shownonall drawings.
1:1000
1:2~0
1:50
1:500
1:100
(e) 'When theplan 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) Tbe beginnings and ends of curves must be shown on the planand profile with
the radius of"urvature shown on the plan. Chainages ofpointsofeurvature shall
be calculated.
(g) The ehainage and names ofinterseeting streets shall be shown inplan and profile.
The drawings shall show dearlylhe proposed profiles, road widths and cross
sections, ditches,ditchgraciients, curb gradients ifdifferent from the proposed
services, north sign and 1imits of the proposed work. The plan shall show any
required off-street drllinage and separate profiles shall be prepared fur drainage
easements. All detail for intersecting streets including grades lDUSt be sbown for
a distance of 50 metres from the interseetionofthe intersecting street. AlIstreet
lilws,fordrllinage or services, shall be shown and all easements.
II
(h) The Municipality shall be named in the title block which shall be placed in the
lower right comer.
(i) On completion of the work, and peforto acceptance of the servIces, the drawings
sh~1l be completed "As Recorded" and dated befure turning overto the
Municipality. The Municipality shall be consulted as to the marmer of showing
information not set out in these reqUIrements. The Developer's Engineer shall
sdd his Professional Engiru:er's seal to all fmal drawings.
3.0 ROADS (URBAN)
3.1 General
All roadways shall be serviced by storm sewers and concrete curb and gutter. Road
allowanCe!< shall be a minimum of20 metres wide. The edge oflhe roadway paved
surfuce shall have amlliinnunradins of9 metres at intersedion. Access roads not owned
hythe Municipality, leading to the area of the dewlopment, shall be maintained 10 a
standard equal 10 the standards for roadways within the development. On all streets,
horizontal and vertical sight distances and vertical C'IlIWS shall meet Ministry of
Transportation (M.T.a.) requirements.
Street allowances on cul-de-sacs are to have a minimurnradius of20 metres. Edgeof
pavement radius on cul-de-sacs are to be a minimum of 13 metres.
Minimnm road asphalt width shall be 8.5 metres. The finished roadways shall have a
cro$f:1l1 of2% from the centerline to each curb line, and the boulevards shall have a
finished crossfall ofa minimum of2% and a maximumof8% from the top of curb to
back of boulevard. draining towards the curb.
3.2 Clearing and Grubbing
Trees sha11 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 permission to leave trees on the street allowance, providing that they are sltuated
more than 1.5 metres behind the curb.
3.3 Grading
A 2 metre boulevard area behind the curbs shall be graded at a mininmmof2% towards
the curbs. The area from the edge of the ruad b(}ulevard to the street line shall be graded
with a side slope not exC'eeding a slope 00 metres horiwntal to I metre vertical to meet
theoriginalgrollild. All side sloped ditches and boulevm-ds to the strect line shall be
protected with nursery sod over a minimum depth ofl()(} mmoftopsoil
3.4 Road Construction
All road construction shall confonn to applicable standards of the Ontario Provincial
Standard Specifications (OPSS) and the Ontario Proviocial Standard Drawings (OPSD).
The granular roadhase shall consist ofa bottom course of300 mm minimum depth
consolidated Granular ''B.. full width across the roadway and a top course ofl50 mm of
Granular "A.' full width between CODcrete curbs. The granular materials shall be spread
in layers uf 150 mm maximum compacted depths. and each layer shall be thoroughly
compacted. No granular base ofsurfuce matenal 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 fur vehicle
andpedestnantrafflc, inclnding dust control by calcium chloride and renewed ifrequired
to the satisfaction of the Municipal Engineer.
Road subdrains shall be provided in accordance with OPSS 405.05. The subdrain shall
include filter wrap (non-woven type) Class I andF.O.S. Of130-100.
23
3.5 ROlldway Surface Asphalt
As won as the granular base has b~encompleted, it shall be thoroughly compacted and
shaped and the base course of asphalt placed. The base course shallconsisl of 50 nun
minimum thickness ofHL-4 Base Course Asphalt. The surface coat of asphalt may be
placedupontbe approval of the Municipal Engineer which shall oot he given for at least
one year from the dale of placement of the base course of asphalt or until 50 percent of
the houses have been constructed_ Thesurfacecourseasphaltshallconsistof40mm
minimum thickness ofHL-3 Surface Course Asphalt. Asphalt work shall conform in all
respeclstoOPSS310.
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. Terminations at the Jimits ofthe
Development shall be either joined to existing concrete curbs Or rounded to reduce hazlIrd
totraffIc. ConstructionshallconfurmtoOPSS~53.
3.7 Accessibility
AB part of construction of any concrete curb and gutter, sidewalks or olher surface
structures, th<: Developer will be responsible for construction in accordance with the
Municipality's current accessibility standards to provide full access where possible, to a 11
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 nunofasphall pavement or a minimwn of 100 nun of concrete
pavement over the granular base, consisting ofa minimum oflOO mm of granular "A"
and 200 nun of granular "B" Alternatives to these sumces may be considered subject to
the approval ofthe Municipality.
3.9 Turning Circles
Where construction is phased, the Municipality may require the installation of temporary
turningci.-des. These turning circles will be constructed in accordance with the
requirements for cuI-da-sacs in Section 3.1 of this Schedule. Elsewhere in the Agreement
are provisions forcorrveyance of blocks for the construction ofsaid circles.
4.0 STORM DRAINAGEISTORMWATER MANAGEMENT
4.1 Approval of Design and Plans
Storm sewers shall be provided to serve the whole of the Development. Drawings shall
consist ofan overall plan, a plan and profile of each storm sewer, drawn to the same scale
astheroads,pipebedding,manhoJes,andotherappurt6llances.Designoftheproposed
works must be submitted to the Municipal Engineer and applicable governmenl agencies
forapprovaI. Plans of the entire systern shall be subnrittedto Ihe Ministry of the
Environment for approval. Approval for construction willllOt be given until the
Certificate of Approval for the sewers has been received from the Ministry of the
Environment and aU other applicable government agency approvals has been received.
24
4.2 Stonnwater Management Report
A Stoonwater Management Report setting out the existing and proposed drainage pattern
shall be submitted to and approved by the Municipal Engineer, the local Conservation
Authorityandthe Ministry of the EnVirOl1l11elll.
The stormwater management requirements within the Municip~]ily shall hI.' those of the
local Conservation Authority or as listed bdow. The general requirements are as follows:
. Quahtyandquantitycontrol-asdictatedbythelocalConservationAuthorityand
MOE reqUIrements ill accordance with tire MUE "Stonnwater Manag.mrenl Pradices
Planning and Design Manual" or the most recent verSWll thereof Quantity control
shall restrict post-development rnnoffflows to pre-development flows between the 5
and 100 year events.
. Thedesignstormfortheminorsystemsshallbethe5yearstorrnforlocalstonn
sewers and the 10 year storm fur trunk facilities.
. Sediment and erosion control measures associated with the stonnwater management
requirements shall be identilied on the drawings for works to be included during t he
coJlStructionand fur permanent measures.
4.3 Connection to Municipal System
The storm sewers shall be connected to the Municipal storm sewer system or discharged
to a natural watercourse as approved by the Municipalityand the Ministry of the
Environment.
4.4 Design Criteria
The stormwater management system shall be designed by using MIDUSS version4.72.1
or an alternate approved hydrologic model The Developer's Engineer shall consult the
Conservation Authority as to the appropriate slonn distrihution and duration 10 be used.
The Developer's Engineer shall advise the Municipal engineer in writing as to the
Authority's requirements. The minor system (stonn sewer) shall be designed to convey
the 5 year design stonn, while the major system shall be designed to convey the 100 yeat
design stoon. Post-development runoff flows shall be controlled to pre development
levels fur raInfull events with tt'turnperiods 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
Ministty of the Environment.
4.5 Location
The storm sewer shall be located withIn the street, with lateral connections to catch basins
located along the gutter lines.
4.6 Sewer Pipe Material
Sewer pipe material shall be Concrete Pipe, or apptoved alternate, complete with rubber
gasketconnectionsClassCI4ESorreinfurcedconcreteplpeoftheclassrequiredforthe
depth of cover. The mininrum size, including catch basin leads, shall be 300 mm. The
Municipality may require a larger storm sewer size on parts of the Development than
required fur the Development alone.
25
4.7 StQrmSewerConstrucnon
Storm sewer construction and pipe bedding shall conform to the requirements of the
Ontario Provincial Standard Spe<:ifications fur sewer construction Pipes shall be bedded
inappwvedgranularmaterials.
Calch basin leads shall be connected to the main sewer with a manhole <lXcepl where the
main sewer size exceeds 450 mm diameter, in which c~se the \ead can be oonnected
directly to the main sewer using a fuctory lllilIIufactured ''Tee.''
4.8 Manholes and Catch Basins
Concrete manhules shall be provided at all changes in direction of the sewer and at all
street intersections, but no further ap~rtthan 120 rn. Manholes shall be 1200 nun
diameter or larger, confunning to OPSD Series 700. Benching shall be provided m all
manholes. Calch basin manholes shall contain a sump or minimumdepth ofJOO mm
below lowest invert on sewers up to and including 450 mm dl31lleter.
Frame.<< and covers shall be OPSD 4Ul.Il1 Type A. or approved equal, set onnolwss than
three r3l layers nor more than six (11) layersofbnckwhlchshallbepargcd on the outside
fuc,.
Catchbasinsshallbl.'providedonbothsidesofthestrel.'tatalllowarea.~butnofurthl.'r
apartthan90m. Catch basins fordepthupto2mfromground level to invert shall be
600 mm square concrete confonning to OPSD 705.01. For greater depths, catch basins-
manholes shall be used confunning to OPSD 701.03.
4.9 Private Drain Connections
Private drain connectioDS to the storm sewers shall be provided for each residential unil.
A 100 mmdiameter connection snitable fur receiving pumped sump flow from lOoting
drams willbepJaced at a depth of1.4 metres from the property line on each lot.
5.0 SANITARY SEWERS
5.1 Approval of Plans
Plans ofthe entire system shall be submitted to the Ministryofthe Environment and the
MnnicipalEngineerfurapprovaI. This submission shallcunsist ohnoverallplan, a plan
and profile of each main sewer drawn to the same scale as the roads, togethl.'r with typical
details of house service connections, pipe bedding, manhole covers. all special knds and
connections and other appurtenances. Approvalforcon.~tructionwillnotbegivenunt:tl
the Certificate of Approval for both sewers and sewage treatment facilities has been
received from the Ministryofthe 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 atlhe Cl.'ntrl.' of each lot
5.3 Material
Main sewers shall k P.V.c. or approved alternate. House connections shall be P.V.c. or
approvedaltemate. Alljointsshall be of the rubber gasket type as approved by the
MWlicipalEngmeer. Approved caps shall be provided for service Iat~ral terminations.
5.4 Size
The minimum size for mam SolWers shall be 2UO rum diameter. House connections shall
be a minimum of 125 mm in diameter. For muhipte dwelling, industrial or OOlll1l1erCial
bnildings, the service connections shall be sized to accommodate the flow.
26
5.5 Sanitary Sewer Construction
Sewer construction and pipe bedding shall c<mfurm to the requiremo::nts ofOPSS 4)0 for
sewer construction. A minimum 2.0 metre depth of cover shall 00 provided over all
sanitary sewers and service laterals.
5.6 HouseConn"",tions
Plan locations and mvertelevations. for allhouse connecl1ons at the street Jine, shall be
shown on the drawings. Mnnmum fall on house ~'Ollllec'tiOns shall be 2%, maximum 8%.
Where the depth ohewer is excessive. a riser may be used over the main sew.m;. Shop
manufactured "Tee" connections shall he used fur house connections to the main sewolT.
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 rom
x 100 nnn wood post extending fromthe,;erviceto 300 mm ahove the surface of the
ground and the top sectionpai.nted fluorescent green. Connectinnsto manholes shall
enter the manhole no higher than 0.5 mabove the lowest invert, except as otherwise
approved by the Municipal Enginee:r.
5.7 Manholes
Concrete manholes shall be provided at all changes in direction oft:he sewer and at all
streetmtersections,butno~apartthanI20m.ManholesshallbeI200nundia,
Conforming 10 OPSD 701.010. Benching shall be provided in all manholes.
5.8 TestingandFlu$hingofSewers
The complete sewer system. including house connections, shall be tested and flushed in
accordance withOPSS 410, mcluding the requirement for camera inspections. The
Developer shall arrange the tests for sections of sewer between manholes and shall infurm
tbeMunlcipaIEngineerwhenasectwnisontestandreadyforinsp&:tion. Anysections
ofsewerwluchfuiltomeelt:herequirementsoflhissectionshallberepairedandretested.
5.9 Completion and Acceptance
The complete sewage collection system installation must be approved by the Municipal
Engineerprior to the issuance of building permits for the Development.
6.0 WATERMAINS
6.1 AppruvalofPlans
Plans ofthe entire system shall be submitted to the Ministry of the Environment and the
Munlcipal Engineer for approval Thissubmissionshailconsistofanoverallplan,aplan
and prufile ofeachwatennaindrawnto the same scale as the roacls. together with typical
details of house service connections, pipe bedding and other appurtenances. Approvalfur
construction will not be given until the Certificate of Approval for the watermam system
has been received from the Ministryofthe Environment.
6.2 Locations
Watermain: The watermain shalllyplcaily be instalied within the boulevard of the
strect, in accordanc-e with the Municipality's Typical Cross-Section,
Serv:tce Lmes: In general house services shall not be installed in driveways. Where the
driveway iocation is unknown at t:he time ofwatermain construction,
service connections $hall terminate at the property line at the centre of
each 101.
Mam Valves: To be located at the extension ofpruperty line, where the valve is being
installed at intersections.
27
CurbS/ops; To be provided for each service connection and tu be located at the lot
line.
6.3 Connection to theMunidpal System
Ingenerat, Ihewatermainsshallbeloop~dtoexistingmunicipalsystems.
6.4 MatenalandSize
Watermain;
Gate Valves
and Boxes:
Fitlings'
Hydrants:
Sl"IVices:
Walerrrnin materiel shall be Polyvinyl Chloride PVC-C-900 Class 150
(DR-IS). Pipe joints shall be bell and spigot with rubber gaskets.
Valves shall be resilient s~ated gate valves. I\fuin line v~lves to be MJ
type with standard operating nut. Hydrant valves to be MJ to MJ gale
valve with standard operating nut.
All valves to be supplied with AO@ringpackIngforwateruseandopen
C<Junter-clockwise.
Valve boxes shall be Canada Valve screwt)pe with No.6 base.
Tapping valves arn:I sleeves must meet Wllh approval of the Operating
Authority.
Resilient-seated gate valves shall be in accordance with A WWA C509
All fittings shall be ductile Iron cement mortar lined mechanical joint
(MJ) type with adaptors to sml ollwr materials, where necessary. All
fittings must be swtablythrust blocked using concrete tbrust blocking as
perOPSD 1103.010 or 1103.020. A polytlthylene barrier shall be used to
prevent abond between the fitting and thi: ooncrete.
Ductile iron fittIngs shall be in accordance with A WWA ClIO and the
rnbber-gasketjoints fur ductile iron littings shall be in acoordaoce with
AWWA Clll, pressure rating 1035kPa.
Fire hydrants shall be the Mueller Canada Valve New Century type or
approved McAvity equivalent. Hydrant specifications as fullows:
.264rnmhoseconnections
. Bpumperconnection
. Hydrantsshallopencounter-c1ockwise
. Colour shall be RED
. Operating nut shall be staudard
. Hydrant length shall be such that the bottom of the upper barrel shall
be 100 mm above finished grade
. Burydepth1.7m
Dry barrel fire hydrant' shall be in accordance withAWWA CS02.
Min.19lllTl1,Max.50mm
Corporation stops Mueller. C.C. thread inlet! oompressionjoint
ootlet.
Curb Stop Mueller, compression joint inlet! compressionJoint outlet
Or approved equivalent.
Pipe to be 19 mmType "K" copper tubing.
Service Boxes Model No. D-I by Concord-Clow or Mueller
equivalent. Serviceboxandstem(l.4mto 1.7m) with 25 rnmdia.
steel upper section. Box lids shall be regular ribbed with brass
pentagonplusCJwstandardstationaryrod.
Service saddles - Model No. 2616 by Robar Industries Inc., stainless
steel, double bolted, broadband.
28
Underground service line valves and fittings shall be in accardance with
AWWAC~OO.
Modelnurubers shall be starnped onallvalves and materials.
Anodes: 5.5 kg; zinc casting with a galvanized steel core, packaged in a C"ardboard
or cloth bag of minimum diamel<:r ofl00 nnn. Gyp;urnlbentonitebackfill
material (electrical resistivity <50 ohm em wet). Insulated copper wire
brazed to core wire.
Tracer Wire: All pye watennain to be provided with a No. IOn strand copper cable
having TWHinsulatiun.
6.5 Watermain Construction
Allwatermainand appurtenances to be installed, bedded and backfilled in accordance
withcurrentOntarioProvincialStandardSpecificationsandtothesat~~factionofthe
Municipality.
Minimwn 1.7 metre depth of cover uver all mains and services.
Main valves and hydrant ads shall, generally, be located:'lt a maximum spacing of200
metres and 120 metres, respectively.
At main interse<:tions,arnain valve shall be provided at each direction fromthe
intersection, less one.
Zinc anodes to be supplied and installed onSolrVlces.
6.6 F1usblng, Testing and Disinfuction
Allwatermain shall be tested, flushed, swabbed and disinfucted. Suchprooeduresshall
be in acoordance with OPSS 701 fur pressure testing and AWWA C651"99 fur
disinfection and connection to the waterworks system. The Developer shall infurm the
Municip"l Engineerwhen the watermain is to be tested and dIsinfected. Bacteriological
testing will be completed by the mumclpaloperating authority. The Developer will be
billed for any testing or retesting requrred. Any faIlure oflhe testing and disinfecting
shall rcqUlre lhe Developer to reflush, retest andIor redisinfect the watermainuntilthe
waterrnain has met the requirements of the Ontario Provincial Standard Specifications
and the MOE,to lhe satisfaction ufthe Municipality.
6.7 Completion and Acceptance
The complete water distribution system inst:!llation must be approved by the Municipality
prior to the issuance ofbuIIoling pennits fur the Development.
7.0 SIDEWALKS
A 1.5 metre sidewalk shall be constructed along the south side of Broadway opposite the
development. Sidewalks shall have a minimum depth of125 rom and shall be bedded in
granular in accordance with the current OPS standarddclaili;.
29
SCHEDULE "0'" OF AGREEMENT
Nule: II is understood andagre<,dthatthis Schedule funns part of the Municipality's
Agreement.
CHECKLIST OF MUNICIPAL WORKS TO BE CONSTRUCTED
I. Roads resturation complete with:!sphah pfflling and curb and gutter r
2. 200 mmdia. sanitary sewer service and building connections 10 the lot line r
3. Water service to the lot line r
4. Sidewalks r
5. Topsoiland sod on boulevard frompropertylinc 10 curb r
Note: Works Required Denoted by r
30
SCHEDULE "E" OF AGREEMENT
Note: It is understood and agreed that this Schedulefonns part ofthe MunicirmJity's
Agreement.
ITEMIZED ESTIMATE OF COSTS OF CONSTRUCTION
OF EACH PART OF THE WORKS
1)
WattlIlllainservice
includingrestorationoflandscapinginboulevarcls....
...........5,000
21
Sanitary service extension
including resluration of easement 3Ie:J.S and road.
..........37,OO(j
3)
Sldewalkinstallationandcurbboulevardrestoration..........
....._.....,17,000
4)
Asphahand landscapeldrainag.: repairs..
.19.000
78,000
Subtotal
Engineering Review
5.000
Subtotal
83,000
GST\rDWldedl
s.oon
Subtotal
8R,000
5)
Site work serurity
;.0.000
$138.000
Total Security
31
SCHEDULE <OK" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
LANDS FOR MUNICIPAL PURPOSES TO BE CONVEYED TO THE MUNICIPALITY
None
LIST OF EASEMENTS TO BE GRANTED BY THE DEVELOPER TO THE
MUNICIPALITY
Non...
"
SCHEDULE "J" OF AGREEMENT
Note:
It is understood and agreed that this Schedule furms part ofllie Municipality s Agreement.
APPLICATION FOR REDUCTION OF SECURITY
To:
(Name of Municipality s Engineer), Engineer, MWlicipality ofKincardiue
Developer:
(Name of Developer)
Agreement:
(DateofAgreementl
Property:
(Legal Description of Property)
ApplicationNo.
(Speerry nmnber of application)
The undersigned, (Name of Developer's Engineer) being the Developer's Engineer, hereby
confirIns that the Works constrncted as at the date of this Applicationhave bcen installed by the
Developer under the full time supervision oflhl" Developer's Engineer and in acronlanc.. with
the requirements oflhe Agreement between the Developer and the Municipality.
The Works installed to the date hereof.mdthe calculation of the cost thereof are detailed in the
schedule attached hereto.
Further, th... 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 estimat edoo,ttheroofart'
al~o 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 aredncl10n of the secnnty heW by the Mnmclpality pursuant to S~tion 9.2 of the
said Agreement affecting the above property.
DATED at
Ontario this
day of
.200
Stgnature of Developer's Engineer
Name of Developer's Engineer
33
SCHEDULE "M" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule furms part of the Municipality's
Agreement
SPECIAL PROVISIONS
1) The Developer and the Mumcipahty acknowledge that the site development IS subJe<:t to a
site plan agreement. Whom: any requirements ofilia! sile plan agretl1llellt conflict with
Items m this agreenwnt. the requirements ofllre srte plan agreement will apply.
2) The Developerand the Municipality acknowledge that the silc grading will encroach on
to adjacent mumcipal lands. Restoration and landscaping of these lands, together with
completion of the site works shall be completed to the satisfactiun ufthe Municipality
priortoreleaseofthe$50,OOOlumpsumsiteworkse~lIrity.
3) The Municipality and the Developer bave been working with an adjacent developer to
obtain an easement over which the sanitary service extension can be completed. No
building permit forthe proposed development willbe issued until suchtime as
confirroation is received that the easement that the easement agreement has been
registered.
Magwood, Van De Vyu-re, Thompson & Grou--McClement LLP
BARRlSTERS & SOLICITORS
215 DURHAM STREET, BOX 880
WALKERTON,ONTAJUO
NOG 2VO
GEORGEC. MAGWOOD, B.A., LL.B.
BRIAN J. VAN DE VYVERE, B.A., LL.B.
C. HEDLEY THOMPSON, BA, LL.M.
TAMMYW. GROVE-McCLEMENT, B.A., LL.B
TELEPHONE (519) 881-3230
E-MAIL wmvt@bmts.com
FAX (519) 881-3595
October 18, 2007
The Municipality of Kincardine
1475 Concession 5, R.R. #5
Kincardine, Ontario
N2Z 2X6
Attention: Michelle Barr, M.A.A.T.O.
Building and Planning Manager
Dear Ms. Barr:
RE: Intervivos Investments Limited
Lot F and G. Lot 10 RP 127. (Geoe:raphic Town of Kincardine)
Further to your letter dated September 26, 2007, I now enclose the following
documentation.
1. Electronic receipt of registration BR7805 registered October 16,2007-
Intervivos Investments Limited Site Plan Agreement
2. Duplicate receipt of registration BR 7806 registered October 16, 2007 -
Intervivos Investments Limited - Development Agreement
I am also enclosing extra copies of the agreement, draft copies of the notice and
the original by-laws authorizing these agreements by the Municipality.
I would also like to confirm that it was necessary to make changes to the schedule
attached to the development agreement as the sketch had to be replaced with a verbal
description for registration purposes.
-2-
Please contact me if you have any questions regarding the registration of these
agreements.
Yours truly,
MAGWOOD, VAN DE VYVERE,
THOMPSON & GROVE-McCLEMENT
~-'P ~ ~--f
George C. Magwood
GCM:sg
EncIs.
Agenda Council 0 File No. Olri- InteYVIVO.c.>
Consent 0 )nV"~-rrrent-s LB
Direction Copied Other: -q;::r\- ~ I Bnx:0H:X
CAO 0 0 01:" ~
. \i -c ___
Clerk 0 0
Treasury 0 II
PubllGWorks 0 0
PfannlnglBut1dill9 ~ 0
Recreation 0 0
emergency Services 0 0 Scanner:
Police Services 0 0 REeF.'"'''''' (V"T ? 2 2007
Tourism/Ec. Dev. 0 0 ,-
Other: 0 0
-..
If
I
..
LRO # 3 Notice Under 8.71 Of The land Titles Act
Receipted as BR7806 on 2007 10 16
at 09:54
The applicant(s) hereby applies to the Land Registrar.
I Properties
PIN
yyyy mm dd Page 1 of 38
Description
33303 - 0768 L T
LT 10 PL 127; PT LT G PL 61 (SUBDIVISION OF BLK N/S BROADWAY ST E); PT LT F
PL 61 (SUBDIVISION OF BLK N/S BROADWAY ST E) AS IN R227669; KINCARDINE
00771 BROADWAY ST 781
KINCARDINE
Address
I Consideration
Consideration
$ 1.00
I Applicant(s)
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name
Address for Service
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
1475 Concession 5, R. R. #5
Kincardine, ON N2Z 2X6
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation by Larry Kraemer, Mayor and John deRosenroll, Chief Administrative
Officer.
I Party To(s)
Capacity
Share
Name
Address for Service
INTERVIVOS INVESTMENTS LIMITED
756 Spadina Road
Toronto, ON M5P 2X4
I, Philip Otis, Vice President, have the authority to bind the corporation
This document is not authorized under Power of Attorney by this party.
I Statements
This notice is for an indeterminate period
Schedule: See Schedules
I Signed By
John Michael Keip
215 Durham Street, Box 880
Walkerton
NOG 2VO
acting for
Applicant(s)
Signed 2007 10 16
Tel 519-881-3230
Fax 5198813595
I Submitted By
WAECHTER, MAGWOOD
215 Durham Street, Box 880
Walkerton
NOG 2VO
20071016
Tel 519-881-3230
Fax 5198813595
I Fees/Taxes/Payment
Statutory Registration Fee
$60.00
Total Paid
$60.00
I File Number
Applicant Client File Number:
12270
I
<.
.
File No. 06030
Date: Sept I I, 2007
./iYeCORPORATION OF THE MUNICIPALITY OF KINCARDINE
DEVELOPMENT AGREEMENT
"
between
"Intervivos Investments Limited."
- and -
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Dated September I!I., 2007
The Corporation of the Municipality of Kincardine
1475 Concession 5, R. R. 5
Kincardine, Ontario
N2Z 2X6
.. .
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
INDEX
Section 1 - Interpretation ................ ......... ........... ......... ........... .................. ..... ............... ...........1
1.1 Defmitions ...............................................................................................................1
1.2 List of Schedules............... ........................ ........... ......... ............. ....... ............. ....... ...2
Section 2 -- Order of Procedu re....... ..... ................... ..... ........................ ......... ........... ..... ........... 3
Section 3 -- Installation of Services ...........................................................................................4
3.1 General.................................................................................................................... 4
3.2 Municipality's Legal and Engineering Costs............................................................4
3.3 Developer's Engineer............... ............... .... .................................... ............... ....... ...4
3 .4 Works to be Installed...... ......... ............... .... .................... ....... ............. ............ .........5
3.5 Approval of Plans .. ......... .................... .... .... ...... ..... ......... ..... ................ ....................5
3.6 Notification of Commencement. ..... ...... ..... .... ........ .................. ..... ............... ............5
3.7 Progress of Works.. ........... ......... ................ .......... ......... ......... ............ ........... ........... 5
3.8 Scheduling of Works. ........ ..... .... ........... .... ....................................... ......... ..... ..........6
3.9 Contractor................................................................................................................ 6
3.10 Utility Costs and Charges.. ................ ............. ...... .... ......... ......... ........... ............ .......6
3.11 Access Roads........................................................................................................... 6
3.12 Movement ofFill. ........... ......... ............ .... ............. ............... .... ..... .... ........... ............. 7
3.13 Damage to Existing Plant ..... .... ........... ............ ............................... ............. ..... ........7
3.14 (Deleted).................................................................................................................. 7
3.15 Testing..................................................................................................................... 7
3.16 Erosion and Silting ControL............. ........ ..... .......... ......... ............... ......... ......... ...... 7
3.17 Emergency Access ........................ ........................ .... ......... ......... ........... ..... ............. 7
3.18 Construction Refuse and Weeds............................................................................... 7
3.19 Dust Control................... ......... ....... ......... ......... ......... .............. ................... ............. 8
3.20 (Deleted).................................................................................................................. 8
3.21 (Deleted).........................,........................................................................................ 8
3.22 Blasting ........ ......... ..... .... ....................................... ............. .................... ....... ..........8
3.23 (Deleted).................................................................................................................. 8
3.24 Contaminants........................................................................................................... 8
Section 4 -- Acceptance of Municipal Works ...........................................................................9
4.1 Stages of Construction and Services.... .................. ...................... ........... ............. ..... 9
4.2 Inspection and Acceptance ofthe Works..................... ......... ........... .........................9
4.3 Final Acceptance 0 fthe Works ................................................................................ 9
4.4 Acceptance During Winter Months ...... .......... ........................... ........................ ....... 9
4.5 Use of Works by Municipality ...............................................................................10
4.6 Replacement of Survey Bars .... ................ ........ ...................... ..................... ...........10
4.7 Ownership of Services .... .................... .................... .... .................... ................ .... ...1 0
Section 5 -- Maintenance of W orks.........................................................................................10
5.1 Maintenance of Works...... ....................................... ..... .... .................... ........... ......10
5.2 (Deleted)................................................................................................................ 10
5.3 Emergency Repairs ......... ..... .... ............... .............. ......................... .................... ....1 0
Section 6 -- Drainage and Landscape Design .........................................................................11
6.1 Drainage. .... ..... .... ..... .... .... . . . .. . . ..... ... .... ..... . . ... . ..... .... ..... .... .... ..... .... ..... .... ..... .... .. .... 11
6.2 Preservation of Trees ...... ......... ............... .... ......... ..... ................. ..... ........... .... ....... .11
6.3 (Deleted)................ .................... ............................. ............. .................... ........... ...11
6.4 Lot Grading.. ............................. .................... .... ......... ..... ................................... ...11
6.5 Maintenance of Lot Grading............. ........ ......... .......... ....... ............. .................... ..11
.
Index (cont' d)
Section 7 -- Lands to be Conveyed..........................................................................................11
7.1 Lands for Municipal Purposes.... ..... .............. ......... ..... ......... ............ ... ......... ......... .11
7.2 Easements.............................................................................................................. 11
7.3 (Deleted).............. ............. ................... .................... ........................................ ..... .12
Section 8 -- Administration .............. ......... .......... ......... ................ ............................ ....... ........12
8.1 Voiding Agreement......... ........... .................... ......... ......... ............. ....... ........... ..... ..12
8.2 Developer's Expense ........................................................................................... ..12
8.3 (Deleted)....... .................... ............................ ......... ........................... ...... ......... ......12
8.4 Developer's Liabilities...... ........................ ................................................... ........ ..12
8.5 Insurance............................................................................................................... 12
8.6 Legal Notice to Developer .....................................................................................12
8.7 Registration........................................................................................................... 12
8.8 Assignment or Transfer of Mortgage. .. .................. ..... ................. ........... ............ ....12
8.9 Requirements for Building Permits. ........................ ......... ........... ..... ......... ...... .......13
8.10 Requirements for Occupancy..... ........... .......... ......... ............................ ..... .............13
8.11 (Deleted)....................................................... ......... ............. ......... ...................... ....13
8.12 Right to Enter into an Agreement........................................................................... 13
8.13 Successors and Assigns..... .............................. ............................. ........................ ..14
8 .14 Notification to Purchaser........................................................................................ 14
8.15 Scheduling, Progress and Completion ....................................................................14
8.16 No Municipal Liability............. ....................... ............. ......... .................... ......... ....14
8.17 Assignment........................................................................................................... .14
8.18 Conflict......... ......... ......... .................... ......... ........................................................ ..14
8.19 Severability... ......... ........................................... ......... ......... ................................. ..15
8.20 Amendment...................... ......... ............ ............. ......... ......... .................... ........... ..15
8.21 Further Assurances ................................................................................................ 15
8.22 Joint and Several.. ............. ........................ ........................................................... ..15
Section 9 -- Financial Provisions ............... ..... ........ ....... .... .... ..... .... ..... .... ................ .... ....... .....15
9.1 Development Charges, Drainage and Local Improvement Charges......................... 15
9.2 Securities .. .... ..... .... ..... .... ............... .... ..... .... ................ .... .... ....... ..... ...... ......... .... ... .15
9.3 Reduction of Securities..... ......... .................... ......... ......... .................... ........... ..... ..16
9.4 Statutory Declaration of Accounts Paid.................................................................. 17
9.5 Construction Lien Act....... ................ ......... .................... ..... ...... .................... ........ .17
9.6 Release....... ............................. ......... ........... ......... ............. .................... ............... .17
Section 10 -- Special Provisions
- See Schedule "M" ..............................................................................................17
Section 11 -- Signatures ......... .................... ..... ............... ..... ......... ............. ..... ................... .......18
Index (cont' d)
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F"
Schedule "G"
Schedule "R"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
..
LIST OF SCHEDULES
Description of Lands......................... .......................................................... .19
Plan.............................................................................................................. 20
Municipal Servicing Standards..................... .............. .... ........... ...................21
Checklist of Works to be Constructed.......... ......... .................... ........... ....... ..29
Itemized Estimate of Costs of Construction of Each Part of the Works .........30
(Deleted)
(Deleted)
List of Lands for Municipal Purposes and Easements to be Granted
to the Municipality......... ........... ......... ..... ...... ..... ..........................................31
(Deleted)
Application for Reduction of Security.......... ......... .................... ........... ........32
(Deleted)
(Deleted)
Special Provisions ... ................ ......... ............................... .................... ......... 33
MUNICIPALITY OF KINCARDINE
DEVELOPMENT AGREEMENT
1-'"
THIS AGREEMENT made in triplicate on the 1'1 day of September, 2007 A.D.
BETWEEN:
INTERVIVOS INVESTMENTS LIMITED
hereinafter called the "Developer" of the FIRST PART
-and-
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality" ofthe SECOND PART
WHEREAS the Developer is the owner of the Land described in Schedule "A" to this
Development Agreement (hereinafter called the "Agreement") and proposes to develop said
lands.
AND WHEREAS the Municipality requires the Developer to agree to construct and install
certain municipal services as hereinafter provided and herein referred to as the "Works" set out
in Schedule "D" and to make fmancial arrangements with the Municipality for the installation
and construction of required services.
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 ofthe other parties hereto, (the receipt whereof is
hereby acknowledged), the parties hereto hereby covenant, promise and agree with each other as
follows:
SECTION 1- INTERPRETATION
1.1 Definitions
The terms defmed in this Section 1.1 shall have the following meanings unless the context
expressly or by necessary implication otherwise requires:
"Agreement" means this Agreement titled "Development Agreement".
"Business Day" means any day that is not a Saturday, Sunday or statutory holiday in the
Province of Ontario.
2
"Certificate of Final Acceptance" means the certificate issued by the Municipality after
satisfaction of the conditions identified in Section 4.3.
"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 Valley Conservation Authority and its
successors and assigns.
"County" means the County of Bruce and its successors and assigns.
"Damage/Lot Grading Deposit" means the amount of $2,500.00 per lot or block shall be paid
by the Developer 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, Intervivos Investments Limited and their respective successors
and assigns.
"Land" means the real property which is the subject of the Plan, the legal description of which is
attached as Schedule "A".
"Municipality" means the Corporation ofthe Municipality of Kincardine, and its successors and
aSSIgns.
"Owner" means the Owner of a lot or block and may include the "Developer".
"Plan" means the site plan relating to the Land, a copy of which is attached as Schedule "B".
"Public Works Manager" means the Public Works Manager or his designate for the
Municipality of Kincardine.
"Works" means the works and services described in Schedule "D".
1.2 List of Schedules
The following schedules are attached to and form part of this Agreement:
Schedule "A"
Description of Lands
Schedule "B"
Plan
Schedule "C"
Municipal Servicing Standards
Schedule "D"
Checklist of Works to be Constructed
Schedule "E"
Itemized Estimate of Costs of Construction of Each Part of the Works
Schedule "F"
Deleted
Schedule "G"
Deleted
Schedule "H"
List of Lands for Municipal Purposes and Easements to be Granted
to the Municipality
Schedule "I"
Schedule "J"
Deleted
Application for Reduction of Security
Schedule "K"
Deleted
3
Schedule "L"
Deleted
Schedule "M"
Special Provisions
SECTION 2 -- ORDER OF PROCEDURE
2.1 Upon application to the Municipality for the preparation of an Agreement the Developer
shall:
(a) Pay to the Municipality the 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.
2.2 Prior to Registering the Agreement the Developer shall:
(a) Deposit with the Municipality Securities and Insurance as outlined in the
Agreement.
(b) Pay in full any outstanding taxes or drainage, local improvement charges and
charges under the Municipal Act including outstanding sewer rates and/or water
rates.
( c) Provide proof of postponement of any encumbrances on the lands.
(d) Deposit with the Municipality's Solicitor, copies of this Agreement executed by
the Developer, to be executed by the Municipality and retained by the
Municipality's Solicitor for registration as hereinafter provided.
(e) Deliver to the Municipality written authorization to register this Agreement or
Notice ofthis Agreement both before and after registration ofthe Plan, and a
cheque in respect ofthe cost ofthe 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) 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.
(b) Have submitted and obtained the written approval of the Municipality's Engineer
for the following all to be done in accordance with the Municipal Servicing
Standards of the Municipality:
. The Drainage Plan;
. The Lot Grading Plan;
. The Service Layout Plan for underground electrical services, telephone, gas,
etc.;
. Final approved drawings for all Works required in Schedule "D" to this
Agreement.
(c) Ifrequired, 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 Storm Sewer System and Storm Water
Management Works.
4
(d) Provide written confrrmation of having obtained the approval if required 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.
2.5 Prior to any person occupying any building, the Developer shall:
(a) Have complied with all the requirements of Section 8.10 ofthis Agreement.
SECTION 3 -- INSTALLATION OF SERVICES
3.1 General
The Developer shall design, construct and install at his own expense and in good
workmanlike manner to the servicing standards of the Municipality as set out in
Schedule "C" to this Agreement.
3.2 Municipality's Legal and Engineering Costs
(a) The Developer agrees to pay the Municipality's cost ofthe 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 Development.
(d) The deposit referred to in Section 2.1 (a) ofthis 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 Development 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 Development 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 two thousand ($2,000.00) dollars, failing
which the Municipality and its agents shall cease all work with respect to the
review of the Development.
3.3 Developer's Engineer
The Developer shall employ engineers 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.
5
(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 [mal "as
constructed" drawings. Digital files ofthe "as constructed" drawings shall be
submitted to the Municipal Engineer and the Municipality prior to the issuance of
the Certificate of Final Acceptance. Digital files shall be in the format of
AutoCAD dxf or dwg files, coordinates ofUTM Nad 27 zone 17 North or UTM
Nad 83 zone North with and accuracy of 1 meter or less.
(g) To act as the representative ofthe Developer in all matters pertaining to the
construction.
(h) To provide co-ordination and scheduling to comply with the timing provisions of
this Agreement and the requirements ofthe Municipality's Engineer, for all
works specified in this Agreement.
(i) To provide certification that the installation of services was in conformance to
said plans and specifications, such certification to be in a form acceptable to the
Municipality's Solicitor and the Municipality's Engineer.
(j) To take such other actions as may be required by the Municipality, acting
reasonably, for the completion of the Development in accordance with this
Agreement and good engineering practices.
3.4 Works to be Installed
The Works to be installed are set out in Schedule "D" to this Agreement. This schedule
is to set out the works in general terms only and shall not be construed as covering all
items in detail. If at any time and from time to time during the development, the
Municipality's Engineer is of the opinion that additional works are necessary to provide
adequately any of the public services required by the Plan, the Developer shall, at his
expense, construct, install or perform such additional works at the request of the
Municipality's Engineer.
3.5 Approval of Plans
The detailed plans and specifications of all services must be submitted by the
Developer to the Municipality's Engineer for endorsement of approval and such
endorsement of approval shall in no way absolve the Developer or its consulting
Engineers of responsibility for errors in or omissions from such plans and
specifications.
3.6 Notification of Commencement
The Developer shall not commence the construction of any of the works until the plan
has been registered and the Developer has provided 72 hours written notice to the
Municipality's Engineer of his intent to commence work. Should, for any reason, there
be a cessation or interruption of construction, the Developer shall provide 72 hours
written notification to the Municipality's Engineer before work is resumed.
3.7 Progress of Works
The Developer shall install all Works in a timely manner, in accordance with the
requirements of Schedule "C" and this Agreement. Ifhe fails to do so, having
commenced to install the aforesaid works, fails or neglects to proceed with reasonable
speed, or in the event that the aforesaid works are not being installed in the manner
required by the Municipality, then upon the Municipality giving seven (7) days written
notice by prepaid registered mail to the Developer, the Municipality may, without
further notice, enter upon the said lands and proceed to supply all materials and to do
all the necessary works in connection with the installation of the said works, including
the repair or reconstruction of fault work and the replacement of materials not in
accordance with the specifications, and to charge the cost thereof together with an
6
engineering fee often percent (10%) of the cost of such materials and works to the
Developer who shall forthwith pay the same upon demand. If the Developer fails to
pay the Municipality within thirty (30) days of date on the bill, the money owing may
be deducted from the cash deposit, letters of credit, or other securities. It is understood
in the event that the Municipality must enter upon said lands and have works completed
or repaired due to situations as outlined above any or all original mylars and
specifications prepared by the Developer's Engineer must be turned over to the
Municipality's Engineer for his use should he require same. It is understood and agreed
between the parties hereto that such entry upon the lands shall be as agent for the
Developer and shall not be deemed for any purpose whatsoever, as an acceptance or
assumption of the said Works by the Municipality. The Municipality, in addition to all
other remedies may refuse to issue building permits until such Works are completely
installed in accordance with the requirements of the Municipality.
Without limiting the obligations ofthe 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 ofthe 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 ofthe 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 Development as well as dust control. No roadway outside the
limits of the proposed Development may be closed without the written consent of the
Municipality. To obtain such consent, the Developer shall advise the Chief
Administrative Officer (CAO), not later than 14 days prior to the proposed closure, of
the date, time and duration they wish to close a roadway. All costs for advertising the
closure and signage shall be borne by the Developer. The Municipality reserves the
right to limit or prohibit the use of any existing access road by the Developer.
7
3.12 Movement ofFill
The Developer covenants and agrees that it shall not dump nor permit to be dumped
any fill or debris on, nor shall it remove or permit to be removed any fill, topsoil, trees
or shrubs from any public lands, other than roads, without the written consent ofthe
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.
3.13 Damage to Existing Plant
The Developer shall repair any damage caused to any existing road, road allowance or
existing structure or plant located on the road allowance as a result of the development
and shall pay for any costs involved in relocation of existing service such as hydrants,
telephone poles, hydro poles, pad mount transformers, cubicles and pedestals, etc.,
which may be necessary because of the development.
3.14 (Deleted)
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 ofthe
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 ofthe 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 ofthe Works
maintain emergency access to the land to the satisfaction of the Municipality's
Engineer.
3.18 Construction Refuse and Weeds
The Developer, and each subsequent Owner of Lots or Blocks within the Plan, shall
regularly dispose of all construction refuse, debris or weeds whether it be from site
servicing or house building or any other source related to the development ofthe 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 ofthe 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 ofthe refuse, debris or weeds
within forty-eight (49) hours after receiving a written request from the Municipality to
do so, the Municipality may, without further notice, undertake such removal and
disposition and the cost thereof shall be paid by the Developer or each subsequent
Owner of the Lots or Blocks within the Plan forthwith upon demand, which costs shall
8
include all expenses incurred by the Municipality in carrying out such removal and
disposition. The burning of construction refuse, debris of weeds, whether it be from
site servicing or house building or any other source related to the development ofthe
site on any lands within the Plan is prohibited.
3.19 Dust Control
Until the Final Acceptance of all Services to be constructed under this Agreement, the
Developer shall use such reasonable method to prevent any dust problem to traffic or
home occupants as the Municipality shall deem necessary and for this purpose the
Public Works Manager shall notify the Developer in writing from time to time of the
requirements of the Municipality.
3.20 (deleted)
3.21 (deleted)
3.22 Blasting
The Developer agrees that no blasting will be undertaken without the written consent of
the Municipal Engineer.
3.23 (Deleted)
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 ofthe lands constituting the Plan, the Developer hereby agrees
to notify the Municipality and the Ministry of the Environment immediately and take
all necessary steps and remedial efforts required by the Ministry of the Environment
and the Municipality to remove such waste, contaminants, pollutants, hazardous
substances or other substances that could be detrimental to the environment. In taking
such action, the Developer shall fulfill all legislative requirements for the remediation
and clean-up oflands constituting the Plan and shall comply with all legislative
requirements regulating the removal, transportation and disposal of such waste,
contaminants, pollutants, hazardous substances or any other similar substances from the
said lands.
9
SECTION 4 -- ACCEPTANCE OF MUNICIPAL WORKS
4.1 Stages of Construction and Services
The Municipality will grant Preliminary or Final Acceptance of servicing based upon
three (3) stages of construction; and when the development is phased, within the whole
of each phase as approved by the Municipality. Stages of construction are as follows:
(a) Stage 1 - consists of all underground Works including storm sewers and storm
water management facilities, sanitary sewers, watermains and the completion of
Granular "B" road base, Granular "A", curb and gutter, and base coat(s) of
asphalt.
(b) Stage 2 - services shall include the balance ofthe road works including top coat
of asphalt, grading of boulevard areas, construction of all drainage swales and
outlets, sidewalks, etc.
( c) Stage 3 - services including topsoil and sodding, and any other requirements of
this agreement.
4.2 Inspection and Acceptance of the Works
When all of the services in any stage of servicing as identified above have been
completed and the Municipality's Engineer has been given written certification by the
Developer's Engineer that such services have been constructed in each stage in
accordance with the approved plans and specifications in this Agreement and upon
satisfactory inspection by the Municipality's Engineer, the Municipality's Engineer will
recommend that the Municipality grant a Certificate of Preliminary Acceptance. This
Certificate may include a list of minor deficiencies which the Developer must repair.
The services shall then be subject to a guaranteed maintenance period as described in
Section 5.1.
4.3 Final Acceptance of the Works
On receipt of a written request from the Developer for fmal inspection and fmal
acceptance following completion of the guaranteed maintenance period outlined in
Section 5.1, the Municipality's Engineer will complete an inspection and ifthere are no
deficiencies, will recommend to the Municipality that the Certificate of Final
Acceptance be issued. This Certificate will be issued provided that the Developer has
paid all accounts to the Municipality and the Municipality is:
. Satisfied the applicable services have been completely installed;
· Satisfied all repairs or maintenance work on the applicable services have been
completed.
and the Municipality has:
. Approved the formal certification offmal completion from the Developer's
Engineer certifying that all Works and services have been installed;
. Received as-built drawings as detailed elsewhere in this Agreement.
4.4 Acceptance During Winter Months
The Municipality will not be required to provide Certificates of Preliminary or Final
Acceptance during the winter months or any other time of year when inspection of the
Works and services is impractical due to snow cover or other adverse conditions.
10
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 ofthe Works so used.
4.6 Replacement of Survey Bars
Prior to the [mal 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 ofthe 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 ofthe Certificate of Final Acceptance, the
ownership ofthe 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 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 ofthe 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 [mal inspection to be made in respect to
the issuance ofthe Certificate of Final Acceptance.
5.2 (Deleted)
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 ofthe 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.
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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 Development 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 installation of services, or the areas within the building
envelope. No additional trees shall be removed without the Public Works Manager's
written permission.
6.3 (deleted)
6.4 Lot Grading
The Lands shall not be graded except in general conformity with the grades and
elevations shown on the Accepted Grading Plan. The Plan shall bear the signature and
seal of an Ontario Professional Engineer holding a Certificate of Authorization from
Professional Engineers Ontario or who is employed by a partnership or corporation
holding such Certificate of Authorization to offer professional engineering services to
the public (hereinafter called a "Professional Engineer") or a Registered Ontario Land
Surveyor who certifies thereon that the Plan generally conforms with the Lot Grading
Plan attached to the Agreement or filed with the Municipality's Engineer.
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.
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 ofthe said deeds shall be paid by the Developer. A list oflands for
municipal purposes to be conveyed to the Municipality shall be set out in Schedule "H"
of this Agreement.
7.2 Easements
The Developer agrees to grant at his expense all such easements and right-of-ways as
may be required for the installation and supply of services to the Development. A list
of easements and right-of-ways to be granted to the Municipality shall be set out in
Schedule "H" of this Agreement.
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7.3 (Deleted)
SECTION 8 - ADMINISTRATION
8.1 Voiding Agreement
In the event that the Plan is not registered within one year from the date ofthe signing
ofthis 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 ofthis Agreement by which the Developer is obligated in any way
shall be deemed to include the words "at the expense of the Developer" and "as
approved or accepted by the Municipality", unless specifically stated otherwise.
8.3 (Deleted)
8.4 Developer's Liabilities
Until the Municipality has issued the Certificate of Final Acceptance for the Works, the
Developer hereby indemnifies and saves harmless the Municipality against all actions,
causes of action, suits, claims and demands whatsoever which may arise either directly
or indirectly by reason of the Developer undertaking the Plan.
8.5 Insurance
The Developer shall insure against all damages or claims for damage in an Insurance
Company satisfactory to the Chief Administrative Officer (CAO). Such policy or
policies shall be issued in the joint names ofthe Developer, the Municipality and the
Municipality's Engineer and the form and content shall be subject to the approval ofthe
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 ofthis 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 ofthe date
ofthe deposit hereof in the Post Office.
8.7 Registration
The Developer consents to the registration ofthis Agreement upon the title to the Land
both before and after registration ofthe Plan at the sole discretion ofthe Municipality
and at the expense ofthe Developer.
8.8 Assignment or Transfer of Mortgage
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.
13
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 ofthe 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 1
servicing for that phase ofthe Development.
(b) 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.
(c) Payment to the Municipality by cash in the amount ofthe current applicable
Development Chargee s) per Lot or Block in the Plan under the Development
Charges By-law of the Municipality.
(d) The Developer agrees that the preceding requirements in this Section 8.9 are in
addition to and not in substitution of the requirements ofthe Ontario Building
Code Act as amended and regulations thereunder with respect to the issuance of
Building Permits.
8.10 Requirements for Occupancy
No building erected on the Lots or Blocks within the Plan shall be occupied until a
Certificate ofInspection re: Readiness for Occupancy has been issued by the
Municipality's Chief Building Official and the said Certificate shall not be issued until:
(a) Preliminary Acceptance has been granted for Stage 2 servicing for the phase of
the Development including the Lot or Block.
(b) The Developer agrees that the preceding requirements in this Section are in
addition to and not in substitution ofthe requirements of the Ontario Building
Code Act as amended and regulations thereunder with respect to certificates for
occupancy.
8.11 (Deleted)
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 ofthe opinion that the Plan would not be in the public
14
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 ofthe 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 ofthis Agreement which shall continue in force after the
completion ofthe sale. Further, the Developer shall furnish a list of those services
included in the purchase, specifying those installed and those to be installed at no
additional cost.
8.15 Scheduling, Progress and Completion
The Developer shall commence construction of services within eighteen (18) months of
the signing ofthis 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 ofthe Stage 1 services. In any
phase, the top coat of asphalt shall be completed within twenty-four (24) months of
preliminary acceptance of Stage 1 ofthe services; unless written consent altering this
condition is received from the Municipal Engineer. Failure to adhere to the above
schedule may result in the Municipality completing the Works in accordance with
Section 3.7 of this Agreement. If the development is phased, the date for
commencement of construction on the balance ofthe 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 Development.
8.16 No Municipal Liability
This Agreement and the provisions herein do not give the Developer or any person
acquiring any interest in the land within the Plan (each hereinafter in this clause called
"such person"), any rights against the Municipality or the Municipality's Engineer with
respect to the failure of any such person to perform any obligations under this
Agreement or the failure ofthe Municipality to force such person to perform any
obligations under this Agreement or any negligence of any such person in the
performance ofthe said obligations.
The only duty and responsibility of the Municipality's Engineer arising out ofthis
Agreement is to the Municipality and this Agreement. Any work or services done or
performed by the Municipality's Engineer under this Agreement do not in any way
create any liability on the part of the Municipality's Engineer to the Developer or any
person acquiring any interest in the land within the Plan.
8.17 Assignment
The Developer shall not assign this Agreement without the prior written consent ofthe
Municipality, which consent may not be unreasonably withheld.
8.18 Conflict
In the event of any conflict between or among the plans and specifications relating to
the construction ofthe Works, the Municipality's Engineer shall decide which
provisions shall prevail.
.
15
8.19 Severability
If any term, covenant or provision of this Agreement shall be found or declared by a
Court of competent jurisdiction to be invalid, unenforceable or ultra vires, such term,
convenant or provision shall conclusively deemed to be severable from all other terms,
covenants and provisions ofthis 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 ofthe 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
thereo f.
8.21 Further Assurances
The Developer agrees that it shall and will, on the request ofthe 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 ofthe parties as set out in this Agreement.
8.22 Joint and Several
All terms, covenants, provisions and obligations ofthe 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 of the Municipality.
The Developer agrees to pay for all arrears oftaxes 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%) ofthe estimated cost of the
said all works as set out in Schedule "E" and as approved by the Municipality's
Engineer and Municipal Council, plus $50,000 as security related to the
completion ofthe site works, or
16
(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%) ofthe estimated cost of all works as set out in Schedule "E" and
as approved by the Municipality's Engineer, plus $50,000 as security related to
the completion of the site works, or
( c) Some combination of cash and Letter of Credit, totaling 100% ofthe required
security.
(d) Prior to depositing the securities, the Developer's Engineer shall submit an
estimate ofthe cost ofthe Works to the Municipality's Engineer for approval.
When the cost estimate has been approved it will be set out in Schedule "E" of
this Agreement and will become the basis for the limits of these securities.
(e) All Letters of Credit shall be for a minimum guaranteed period of one (1) year or
such longer time as the Municipality may decide. All Letters of Credit referred
to in this Section 9.2 shall contain the following clause:
"It is a condition of the Letter of Credit that it shall be deemed to be
automatically extended without amendment from year to year from the present or
any future expiration date thereof, unless at least thirty (30) days prior to the
present or any future expiration date, we notify you in writing by registered mail
that we elect not to consider this Letter of Credit to be renewable for any
additional period"
(f) Unless each and every Letter of Credit is renewed as noted above, the
Municipality shall have the absolute right to refuse to issue building permits and
to prohibit occupancy of homes, whether partially or fully completed, 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 ofthe 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 ofthe application and a
calculation of the cost thereof.
. confIrming that the Works have been installed by the Developer with full
time supervision ofthe 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 ofthe
application and a calculation of the estimated cost thereof.
(c) The value ofthe reduction shall be determined by the Municipality's Engineer
who shall give a certificate to the CAO and the Developer confirming the amount
of the reduction ofthe security and the amount of the security remaining on
deposit with the Municipality.
(d) The value ofthe reduction shall be based upon the value ofthe Works remaining
to be completed by the Developer plus ten percent (10%) ofthe 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 often
percent (10%) ofthe estimate of the cost ofthe Works as set out in Schedule "E"
or five thousand dollars ($5,000.00).
17
9.4 Statutory Declaration of Accounts Paid
The Developer agrees that upon applying for a discharge of securities or for a
Certificate of Preliminary Acceptance for the services, he shall supply the Municipality
with a Statutory Declaration that all accounts for work and materials for said services
have been paid except normal guarantee holdbacks and that there are no claims for liens
or otherwise in connection with such work done or materials supplied for or on behalf
of the Developer in connection with the Development.
9.5 The Construction 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 otherwise
in connection with the works and all costs in connection therewith, and on the demands
ofthe 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 ofthe terms ofthis Agreement and shall entitle the
Municipality to draw on any or all ofthe security referred to in Section 9.2 of this
Agreement and to utilize said draw to make payment into Court ofthe holdback
together with costs.
9.6 Release
Upon completion of all the requirements of this Agreement, the Municipality will
execute a release of this Agreement. The completion and registration of such release
shall constitute a full and fmal release ofthe obligations ofthe Developer.
Notwithstanding the foregoing, the CAO shall not be required to execute a partial
release until the various services have been completed in accordance with the terms of
this Agreement and the plans and specifications provided for herein.
SECTION 10 - SPECIAL PROVISIONS
10.1 The Developer and the Municipality agree that the provisions set forth in the attached
Schedule "M" form an integral part ofthis Agreement.
18
SECTION 11 - SIGNATURES
THIS AGREEMENT shall be binding upon and inure to the benefit of the parties hereto
and their respective heirs, executors, adIi:1inistrators, successors and assigns.
IN WITNESS WHEREOF the parties hereto have executed this Agreement.
SIGNED, SEALED AND DELIVERED this /9 #1 day Of~013fiftl11~...,A..D. 2007
5c-f'f~..,;J,c"V'""
NTS LIMITED
Developer's Address: 20 Eglinton Ave. W, Suite 1402, Box 2040, Toronto, ON M4R lK8
Developer's Telephone: 416-489-2833
Developer's Facsimile: 416-486-6017
"
19
SCHEDULE "A" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule fOflns part of the Municipality's
Agreement.
DESCRIPTION OF LANDS
Lot F and G, Registered Plan 61 (North Side of Broadway Street East) and Lot 10, Registered
Plan 127 (Geographic Town of Kincardine), Municipality of Kincardine, County of Bruce.
..
20
SCHEDULE "B" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part ofthe Municipality's
Agreement.
The U 1 1 r Ian shows the property to be serviced.
Lands to be serviced are identified on the Plan drawn by Cornerstone Builders Ltd % Otis
Group Drawing dated December 2006, Revised and Reissued for SPA August 1., 2007,
Labeled SP-Ol.
The drawings are on file in the office ofthe Clerk ofthe Municipality of Kincardine and
can be reviewed upon request.
21
SCHEDULE "C" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule fOflns part ofthe Municipality's
Agreement.
MUNICIPAL SERVICING STANDARDS
1.0 GENERAL
Service Layout Plan
A copy ofthe 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, storm sewers and sanitary sewers. All locations must be
established and resolved by the Developer's Engineer in conjunction with the Utility
companies and following the locations shown on the Municipality's Typical Cross-
Section.
2.0 PLANS AND DRAWING REQUIREMENTS
Plan and profile drawings must be prepared in a digital format, which is compatible with
AutoCAD Release 14, and on velum or mylar, for all new streets within the Municipality.
These digitized files and drawings, and also digitized files and drawings showing details
of special structures, etc., shall be prepared by a Professional Engineer and turned over to
the Municipality as a permanent record prior to the acceptance of services required to be
provided by the developer.
The following standards shall be adhered to in preparation of these drawings:
(a) All profiles must be shown to the geodetic datum which is noted on each
drawings.
(b) In general, East-West streets shall have 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.
- 1: 1000
- 1 :250
- 1:50
- 1 :500
- 1: 100
( e) When the plan must be broken because of curvature, etc., the profile shall be
broken as well, so that, insofar as possible, chainage points in plan and profile
will coincide vertically.
(f) The beginnings and ends of curves must be shown on the plan and profile with
the radius of curvature shown on the plan. Chainages of points of curvature shall
be calculated.
(g) The chainage and names of intersecting streets shall be shown in plan and profile.
The drawings shall show clearly the proposed profiles, road widths and cross-
sections, ditches, ditch gradients, curb gradients if different from the proposed
services, north sign and limits ofthe 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.
22
(h) The Municipality shall be named in the title block which shall be placed in the
lower right comer.
(i) On completion ofthe work, and prior to acceptance ofthe services, the drawings
shall be completed "As Recorded" and dated before turning over to the
Municipality. The Municipality shall be consulted as to the manner of showing
information not set out in these requirements. The Developer's Engineer shall
add his Professional Engineer's seal to all [mal 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 Ii:1inimum of 20 metres wide. The edge of the roadway paved
surface shall have a Ii:1inimum radius of9 metres at intersection. Access roads not owned
by the Municipality, leading to the area of the development, shall be maintained to a
standard equal to the standards for roadways within the development. On all streets,
horizontal and vertical sight distances and vertical curves shall meet Ministry of
Transportation (M.T.O.) requirements.
Street allowances on cul-de-sacs are to have a Ii:1inimum radius of20 metres. Edge of
pavement radius on cul-de-sacs are to be a Ii:1inimum of 13 metres.
Minimum road asphalt width shall be 8.5 metres. The [mished roadways shall have a
crossfall of2% from the centerline to each curb line, and the boulevards shall have a
[mished crossfall of a Ii:1inimum of2% 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 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 permission to leave trees on the street allowance, providing that they are situated
more than 1.5 metres behind the curb.
3.3 Grading
A 2 metre boulevard area behind the curbs shall be graded at a Ii:1inimum of2% towards
the curbs. The area from the edge ofthe road boulevard to the street line shall be graded
with a side slope not exceeding a slope on 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 Ii:1inimum depth of 100 mm oftopsoil.
3.4 Road Construction
All road construction shall conform to applicable standards ofthe Ontario Provincial
Standard Specifications (OPSS) and the Ontario Provincial Standard Drawings (OPSD).
The granular roadbase shall consist of a bottom course of 300 mm Ii:1inimum 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 ofthe 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.
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3.5 Roadway Surface Asphalt
As soon as the granular base has been completed, it shall be thoroughly compacted and
shaped and the base course of asphalt placed. The base course shall consist of 50 mm
minimum thickness ofHL-4 Base Course Asphalt. The surface coat of asphalt may be
placed upon the approval of the Municipal Engineer which shall not be given for at least
one year from the date of placement of the base course of asphalt or until 50 percent of
the houses have been constructed. The surface course asphalt shall consist of 40 mm
minimum thickness ofHL-3 Surface Course Asphalt. Asphalt work shall conform in all
respects to OPSS 310.
3.6 Curbs
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
Development shall be either joined to existing concrete curbs or rounded to reduce hazard
to traffic. Construction shall conform 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 current 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 ofthe curb to the face ofthe sidewalk or where
there is no sidewalk, to the limit ofthe 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 oftemporary
turning circles. These turning circles will be constructed in accordance with the
requirements for cul-de-sacs in Section 3.1 ofthis Schedule. Elsewhere in the Agreement
are provisions for conveyance of blocks for the construction of said circles.
4.0 STORM DRAINAGE/STORMW ATER MANAGEMENT
4.1 Approval of Design and Plans
Storm sewers shall be provided to serve the whole of the Development. Drawings shall
consist of an overall plan, a plan and profile of each storm sewer, drawn to the same scale
as the roads, pipe bedding, manholes, and other appurtenances. Design of the proposed
works must be submitted to the Municipal Engineer and applicable government agencies
for approval. Plans of the entire system shall be submitted to the Ministry of the
Environment for approval. Approval for construction will not be given until the
Certificate of Approval for the sewers has been received from the Ministry of the
Environment and all other applicable government agency approvals has been received.
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4.2 Stormwater Management Report
A Stormwater Management Report setting out the existing and proposed drainage pattern
shall be submitted to and approved by the Municipal Engineer, the local Conservation
Authority and the Ministry ofthe Environment.
The stormwater management requirements within the Municipality shall be those ofthe
local Conservation Authority or as listed below. The general requirements are as follows:
. Quality and quantity control- as dictated by the local Conservation Authority and
MOE requirements in accordance with the MOE "Stormwater Management Practices
Planning and Design Manual" or the most recent version thereof Quantity control
shall restrict post-development runoff flows to pre-development flows between the 5
and 1 00 year events.
. The design storm for the minor systems shall be the 5 year storm for local storm
sewers and the 1 0 year storm for trunk facilities.
· Sediment and erosion control measures associated with the stormwater management
requirements shall be identified on the drawings for works to be included during the
construction and for permanent measures.
4.3 Connection to Municipal System
The storm sewers shall be connected to the Municipal storm sewer system or discharged
to a natural watercourse as approved by the Municipality and the Ministry ofthe
Environment.
4.4 Design Criteria
The stormwater management system shall be designed by using MIDUSS version 4.72.1
or an alternate approved hydrologic model. The Developer's Engineer shall consult the
Conservation Authority as to the appropriate storm distribution and duration to be used.
The Developer's Engineer shall advise the Municipal engineer in writing as to the
Authority's requirements. The Ii:1inor 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
stormwater management system shall be in accordance with the newest version of the
"Stormwater Management Practices, Planning and Design Manual", as prepared by the
Ministry of the Environment.
4.5 Location
The storm sewer shall be located within the street, with lateral connections to catch basins
located along the gutter lines.
4.6 Sewer Pipe Material
Sewer pipe material shall be Concrete Pipe, or approved alternate, complete with rubber
gasket connections Class C14 ES or reinforced concrete pipe ofthe class required for the
depth of cover. The Ii:1inimum size, including catch basin leads, shall be 300 mm. The
Municipality may require a larger storm sewer size on parts ofthe Development than
required for the Development alone.
.
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4.7 Storm Sewer Construction
Storm sewer construction and pipe bedding shall conform to the requirements ofthe
Ontario Provincial Standard Specifications for sewer construction. Pipes shall be bedded
in approved granular materials.
Catch basin leads shall be connected to the main sewer with a manhole except where the
main sewer size exceeds 450 mm diameter, in which case the lead can be connected
directly to the main sewer using a factory manufactured "Tee".
4.8 Manholes and Catch Basins
Concrete manholes shall be provided at all changes in direction ofthe sewer and at all
street intersections, but no further apart than 120 m. Manholes shall be 1200 mm
diameter or larger, confonning to OPSD Series 700. Benching shall be provided in all
manholes. Catch basin manholes shall contain a sump or Ii:1inimum depth onoo mm
below lowest invert on sewers up to and including 450 mm diameter.
Frames and covers shall be OPSD 401.01 Type A, or approved equal, set on not less than
three (3) layers nor more than six (6) layers of brick which shall be parged on the outside
face.
Catch basins shall be provided on both sides of the street at all low areas but no further
apart than 90 m. Catch basins for depth up to 2 m from ground level to invert shall be
600 mm square concrete conforIi:1ing to OPSD 705.01. For greater depths, catch basins-
manholes shall be used conforIi:1ing 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 SANITARY SEWERS
5.1 Approval of Plans
Plans ofthe entire system shall be submitted to the Ministry of the Environment and the
Municipal Engineer for approval. This submission shall consist of an overall plan, a plan
and profile of each main sewer drawn to the same scale as the roads, together with typical
details of house service connections, pipe bedding, manhole covers, all special bends and
connections and other appurtenances. Approval for construction will not be given until
the Certificate of Approval for both sewers and sewage treatment facilities has been
received from the Ministry ofthe Environment.
5.2 Location
The main sewers shall be located along the centre of the street allowance. House
connections shall terIi:1inate at the property line at the centre of each lot.
5.3 Material
Main sewers shall be P.V.c. or approved alternate. House connections shall be P.V.C. or
approved alternate. All joints shall be ofthe rubber gasket type as approved by the
Municipal Engineer. Approved caps shall be provided for service lateral terIi:1inations.
5.4 Size
The Ii:1inimum size for main sewers shall be 200 mm diameter. House connections shall
be a minimum of 125 mm in diameter. For multiple dwelling, industrial or commercial
buildings, the service connections shall be sized to accommodate the flow.
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5.5 Sanitary Sewer Construction
Sewer construction and pipe bedding shall conform to the requirements ofOPSS 410 for
sewer construction. A Ii:1inimum 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 terIi:1ination 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 ofthe sewer and at all
street intersections, but no further apart than 120 m. Manholes shall be 1200 mm dia.
ConforIi:1ing to OPSD 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 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 ofthis 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 Development.
6.0 W ATERMAINS
6.1 Approval of Plans
Plans ofthe entire system shall be submitted to the Ministry ofthe Environment 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 watennain system
has been received from the Ministry of the Environment.
6.2 Locations
Watermain: The watennain shall typically be installed within the boulevard ofthe
street, in accordance with the Municipality's Typical Cross-Section.
Service Lines: In general, house services shall not be installed in driveways. Where the
driveway location is unknown at the time ofwatermain construction,
service connections shall tenninate at the property line at the centre of
each lot.
Main Valves: To be located at the extension of property line, where the valve is being
installed at intersections.
..
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Curb Stops: To be provided for each service connection and to be located at the lot
line.
6.3 Connection to the Municipal System
In general, the watermains shall be looped to existing municipal systems.
6.4 Material and Size
Watermain:
Gate Valves
and Boxes:
Fittings:
Hydrants:
Services:
Watermain material shall be Polyvinyl Chloride PVC-C-900 Class 150
(DR-18). Pipe joints shall be bell and spigot with rubber gaskets.
Valves shall be resilient seated gate valves. Main line valves to be MJ
type with standard operating nut. Hydrant valves to be MJ to MJ gate
valve with standard operating nut.
All valves to be supplied with 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 11 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 McAvity 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 ofthe upper barrel shall
be 100 mm above fmished grade
· Bury depth 1.7 ill.
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. D-l 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.
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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 Ii:1inimum diameter of 100 mm. Gypsum/bentonite backfill
material (electrical resistivity <50 ohm cm wet). Insulated copper wire
brazed to core wire.
Tracer Wire: All PVC watennain 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 ofthe
Municipality.
Minimum 1.7 metre depth of cover over all mains and services.
Main valves and hydrant sets shall, generally, be located at a maximum spacing of200
metres and 120 metres, respectively.
At main intersections, a main valve shall be provided at each direction from the
intersection, less one.
Zinc anodes to be supplied and installed on services.
6.6 Flushing, Testing and Disinfection
All watennain shall be tested, flushed, swabbed and disinfected. Such procedures shall
be in accordance with OPSS 701 for pressure testing and A WW A C651-99 for
disinfection and connection to the waterworks system. The Developer shall inform the
Municipal Engineer when the 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 ofthe testing and disinfecting
shall require the Developer to reflush, retest and/or redisinfect the watennain until the
watennain has met the requirements of the Ontario Provincial Standard Specifications
and the MOE, to the satisfaction ofthe 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 Development.
7.0 SIDEWALKS
A 1.5 metre sidewalk shall be constructed along the south side of Broadway opposite the
development. Sidewalks shall have a Ii:1inimum depth of 125 mm and shall be bedded in
granular in accordance with the current OPS standard details.
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SCHEDULE "D" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part ofthe Municipality's
Agreement.
CHECKLIST OF MUNICIPAL WORKS TO BE CONSTRUCTED
1. Roads restoration complete with asphalt paving and curb and gutter r
2. 200 mm dia. sanitary sewer service and building connections to the lot line r
3. Water service to the lot line r
4. Sidewalks r
5. Topsoil and sod on boulevard from property line to curb r
Note: Works Required Denoted by r
." .' ...
, ..
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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
1) W atermain service
including restoration oflandscaping in boulevards........................................ 5,000
2) Sanitary service extension
including restoration of easement areas and road .........................................37,000
3) Sidewalk installation and curb boulevard restoration................................... .17,000
4) Asphalt and landscape/drainage repairs....................................................... .19,000
Subtotal
78,000
Engineering Review
5,000
Subtotal
83,000
GST (rounded)
5,000
Subtotal
88,000
5)
Site work security
Total Security
50,000
$138,000
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SCHEDULE "H" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
LANDS FOR MUNICIPAL PURPOSES TO BE CONVEYED TO THE MUNICIPALITY
None
LIST OF EASEMENTS TO BE GRANTED BY THE DEVELOPER TO THE
MUNICIPALITY
None
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