HomeMy WebLinkAboutKIN 91 042 Agree - Housing Proj
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THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1991-42
A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT
WITH PENINSULA GROUP INC., THE CORPORATION OF THE TOWN OF
KINCARDINE, RUSSELL MEADOWS NON-PROFIT ACCOMMODATION INC. AND
THE KINCARDINE PUBLIC UTILITIES COMMISSION FOR THE CONSTRUCTION
OF A NON-PROFIT HOUSING PROJECT IN THE TOWN OF KINCARDINE.
WHEREAS the Council for The Corporation of the Town of
Kincardine deems it expedient to enter into a development
agreement with penisula Group Inc., Russell Meadows Non-Profit
Accommodation Inc. and The Kincardine public Utilities
Commission to construct a non-profit housing development on
Lots 16, 17, 18, 19, and 20, Plan 151 in the Town of Kincardine
in the County of Bruce.
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1. The mayor and clerk are hereby authorized to execute, on
behalf of The Corporation of the Town of Kincardine, the
attached Development Agreement with Penisula Group Inc.,
Russell Meadows Non-Profit Accommodation Inc. and The
Kincardine Public utilities concerning the property
described as "Lots 16, 17, 18, 19 and 20, Plan 151 in the
Town of Kincardine in the County of Bruce."
2. The clerk is hereby authorized to register this agreement
against the subject property.
3. This by-law shall come into full force and effect upon
its final passage.
4. This by-law may be cited as the "Russell Meadows
Development Agreement, By-law".
READ a1FIRST and SECOND time this 7th day of March 1991.
J~ld !Å WJu~~
Mayor
READ a THIRD time and FI
May, 1991.
~s day of 9th day of
I~w () !Jib.
Mayor
0t
Depu t y Clerk
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f CERTIFICATE OF REGISTRATION
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(3) Property
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DEVELOPMENT AGREEMENT pursuant to The Planning
Act 1989, Section 40
(5)
Dollars $
(8 Deoafp_
Lots 16, 17, 18, 19 and 20, Plan 151, Town of
Kincardine, County of Bruce
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See Schedule attached.
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(10) PerlJ(Iee) (Sat out Status or Interest)
Name{e)
Signature(s)
Date 01 Slgnatu..
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THE CORPORATION OF THE
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TOWN OF KINCARDINE
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(14) MunIcIpøI Address 01 property
Not assigned
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(15) Document "'-'"<I by:
GRAHAM E. MAHOOD
Barrister & Solicitor
313 Lambton Street, Box
Kincardine, Ontario N2Z
388
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THE CORPORATION OF THE TOWN OF KINCARDINE
DEVELOPMENT AGREEMENT
THIS AGREEMENT made in quadruplicate this 9th day of May, 1991.
BE'l'WBEN
PENINSULA GROUP INC.
hereinafter called the "Owner",
of the First Part
- and -
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town",
of the Second Part
- and -
RUSSELL MEADOWS NON-PROFIT ACCOMMODATIONS INC.
hereinafter called the "Developer",
of the Third Part
- and -
THE KINCARDINE PUBLIC UTILITIES COMMISSION
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hereinafter called the "PUG",
of the Fourth Part
WHEREAS the Owner is the owner in fee simple of the lands
described in Schedule "A" attached hereto;
AND WHEREAS the owner of the lands described in Schedule "A"
attached wishes to construct a non-profit housing development
on those lands described in Schedule "A";
AND WHEREAS the Town is prepared to parmi t the. owner to
construct this development provided that they execute this
agreement and meet its obligations;
NOW THEREFORE THIS AGREEMENT witnesseth that in consideration
of other good and valuable consideration and the sum of TWO
DOLLARS ($2.00) of lawful money of Canada, now paid by each of
the parties hereto, (the receipt whereof is hereby
acknowledged) the parties hereto covenant, promise and agree
with each other as follows:
1.0
1.1
ORDER OF PROCEDURE
Upon application to the Town of the preparation of an
agreement, the Owner shall:
a) agree to pay a deposit of $2,000 payable prior to
the issuance of a building permit to cover the initial
costs of the Town; and,
b) submit a general plan outlining the services to be
installed.
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Development Agreement
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1.2 Prior to signing this Agreement, the owner shall:
a) agree to deposit with the Town insurance as
outlined in this Agreement on or before the
installation of any services and before the issuance
of any building permit,
b) Pay in full all outstanding taxes and local
improvement charges; and,
c) Mutually agree with the Town concerning
parcel(s) of land to be deeded to the Town
parkland or the amount of cash to be given to the
in lieu of parkland.
1.3 Prior to starting construction on the Services in the
Plan, the owner shall:
the
for
Town
a) Have obtained final approval of the Plan from the
all agencies.
b) Deposit executed deeds to the Town, free and clear
of all encumbrances, for any land to be conveyed to
the Town.
c) Have submitted and obtained the Town
approval of the following, all to be
accordance with the Town's approved
standards:
Engineer's
done in
engineering
- Drainage Plan
- Lot Grading Plan
- Service layout for hydro, telephone, etc.
- Road, sewer and watermain plans and profiles
d) Submit to the Town,
Environment's certificate
supply and distribution
collection system; and,
e) Provide written confirmation of having obtained the
approval for drainage, road crossings, encroachment,
etc. of all authorities including the County of
Bruce, the Saugeen Valley Conservation Authority, the
Ministry of Transportation of ontario and any other
authority involved.
the Ministry of
of approval for the
system and the
the
water
sewage
1.4
Prior to the sale of any lot and/or prior to
issuance of building permits the owner shall
complied with all the requirements of sections
3.15, 6.1(a), 8.2 and 9.1 of this Agreement.
Prior to any person occupying any building within
development, the owner shall have complied with
the requirements of section 9.1· of this Agreement.
the
have
3.3,
1.5
the
all
2.0
LIST OF SCHEDULES ATTACHED
The following schedules are attached to and form part
of this Agreement:
Schedule "A": Description of Lands to Which This
Agreement Applies, (herein called "the Lands").
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Schedule "B" :
"the Plan").
Schedule ·C·:
Plan of Development, (herein called
Works to be COnstructed.
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Development Agreement
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Engineering
Design Criteria
and
Schedule "D8 :
specifications.
Schedule "E8. Construction Schedule:
Completion or Works.
Time Limits for
Schedule "F": Additional obligations imposed by the
Town respecting this development.
Schedule 8G": Easements required to be granted to the
Town and the PUC.
3.0
INSTALLATION OF SERVICES
3.1
General
The owner shall design, construct and install at his own
expense and in good workmanlike manner to the standards of the
Town, and the PUC, all municipal services designated in Schedule
"C" to the standards outlined in Schedule "D".
3.2 Leaal Plannina and Enaineerina Costs
The owner agrees to pay to the Town the cost of the Town's
solicitor and planner for all costs involved in processing and
monitoring the Agreement and the Town's engineers for reviewing
of plans and specifications and for supervision and inspection
on behalf of the Town and in this regard shall deposit with the
Town the sum of Two Thousand Dollars ($2,000.00) upon applying
for a building permit. The owner will be billed regularly for
any costs incurred by the Town for legal fees, planning and
engineering fees and the owner shall reimburse the Town for all
such costs within 30 days of each billing. The Two Thousand
Dollar ($2,000.00) de~sit shall be retained by the Town as a
float against any unpa1d bills and any such deposit (or balance
thereof) shall be returned to the owner at the expiration of the
maintenance period.
3.3 utilities
The owner shall enter into such agreements as may be
necessary with the Bruce Municipal Telephone System, for
installation or payment for telephone services and necessary
appurtenances to service the lands and such other matters as the
authority properly requires. The Town shall not be obligated to
issue any building permits until provided with confirmation by
the authority that the agreements provided for by this clause
have been entered into or other satisfactory arrangements have
been made.
The Owner shall enter into such agreements as may be
necessary with Kincardine Cable T.V. Ltd., for installation or
payment for cable TV services and necessary appurtenances to
service the lands and such other matters as the service properly
requires. The Town shall not be obligated to issue any building
permits until provided with confirmation by Kincardine Cable
T.V. Ltd. that the agreements provided by this clause have
been entered into or other satisfactory arrangements have been
made.
3.4 Consultina Enaineer
The owner shall employ a registered Professional Engineer
(hereinafter called the owner's Engineer) to assume
responsibility for the design, general supervision and resident
superv1s~on of the installation and construction of the
municipal services required by this Agreement. upon completion
of the installation of such services, the owner's Engineer shall
provide, on a form acceptable to the Town, a certificate of
Completion stating that municipal services have been installed
in conformance to the plans reviewed by the Town Engineer and in
conformance to any certificates of approval from the Ministry of
the Environment.
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Development Agreement
3.5 Contractors
The owner shall submit to the registered Professional
Engineer appointed by the Town (hereinafter called the Town
Engineer) a list of all the contractors and sub-contractors to
be engaged in the installation of the municipal services and no
contract for such works shall be let by the owner unless he has
obtained written approval of the Town Engineer for the
contractors and sub-contractors.
3.6 Works to be Installed
The Works to be installed are set out in Schedule "C" of
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 of the Lands, the Town Engineer is of the
opinion that additional works are necessary to provide
adequately any of the public services required by the Plan, the
owner shall, at his expense construct, install or perform such
additional works at the request of the Town Engineer.
3.7 Plans and Soecifications
(a) Plans of Prooosed Services
The Owner shall submit to the Town Engineer, three sets of
plans, profiles, detail drawings, specifications and, if
required, calculations for the installation of all the required
municipal services. Such submission shall be in compliance with
the standards and specifications of the Town.
(b) Gradina Plan
Before commencing any grading or construction, the Owner
shall prepare and submit to the Town Engineer three sets of an
overall grading plan. This plan shall specifically show
existing and proposed grades for all lot corners, block corners,
centre lines of roads and the centre of the minimum building
set-back line on each lot. It shall also indicate existing
ditches, natural watercourses and filled land.
(c) Drainaae Reoort
Before commencing any grading or construction, the Owner
shall prepare a drainage report, acceptable to the Town Engineer
and the Saugeen Valley Conservation Authority, that will
describe how stormwater will be conducted through and from the
site and how erosion and siltation and their effects will be
contained and minimized in the site both during and after
construction.
(d) Review and Aooroval
The Town Engineer shall:
(i) review the submissions with reaaonable dispatch,
(ii) communicate to the owner any corrections
requisite for such compliance, and
(iii) subject to any requisite corrections, endorse
his approval on the three sets of plans and
specifications, retain one set for inspection
purposes, return the other set to the Owner and submit
one set to the Town's manager of public works.
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Development Agreement
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(e) Auurovals
The owner shall obtain the approval of the Saugeen
Valley Conservation Authority, the Ministry of the
Environment and any government authority which is required in
respect to the installation of any municipal services
contemplated by this Agreement prior to the approval by the
Town Engineer and the commencement of construction. Further,
the owner agrees to carry out, or cause to be carried out the
works recommended in the drainage report to the satisfaction
of the Town Engineer and the Saugeen Valley Conservation
Authority.
(f) As-Constructed Drawinas
When the municipal services are completed and prior to
acceptance of said services, the owner shall provide the Town
with one mylar copy of as-constructed drawings thereof which
shall detail such matters as roads, water, sewers and other
utilities. Individual service connections shall be outlined
on a separate plan for each service.
3.8 Schedule of Works
The
completion
"E" to this
owner shall
of the works
Agreement.
proceed with the construction and
in the sequence set out in Schedule
3.9 Commencement of Construction
The owner shall not commence construction of any of
the municipal services required by this Agreement without the
approval of the Town Engineer and the Town Engineer must be
given 48 hours written notice of the Owner's intention to
commence construction. Work interrupted longer than 14 days
shall not be resumed except after similar notification.
3.10 provision if Work Not shtisfactorv
In the event the owner fails to install the municipal
services covered by this Agreement or fails to proceed
expeditiously or fails to install the municipal services in
accordance with the specifications and requirements of this
Agreement, then, upon the Town Engineer giving seven (7) days
written notice by prepaid registered mail to the owner, the
Town through its employees, agents or contractors may,
without further notice , enter upon the lands and proceed to
supply all materials and to do all the necessary inspection
and works in connection with the installation of the
municipal services, including the repair or reconstruction of
faulty work and the replacement of materials which are not in
accordance with plans Or specifications and to charge the
cost thereof, together with the cost of engineering, to the
Owner. It is understood and agreed that upon such entry by
the Town on the said lands, any monies placed on deposit with
the Town to ensure completion shall be forfeited by the owner
and shall be applied towards the cost of any work undertaken
by the Town, and in addit\on to all other remedies it may
have at such time, the Town may refuse to issue further
building permits until such remedial work has been completed
and until such payment has been made to the Town for such
services that have been completed and are yet to complete.
Such entry shall not be deemed as acceptance or assumption of
the municipal services.
If, at any time, the work or construction of the
municipal services referred to herein, in the opinion of the
TOwn, is not being carried out in accordance with the plans
and specifications or in accordance with good engineering
practice, the Town may stop all or any part of the work for
any length of time until such work has been placed in a
satisfactory condition.
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3.11 Authoritv to InsDect
The owner agrees to permit the Town Engineer or his
agents to enter on the lands at any time to inspect work and,
if necessary, to make emergency repairs, at the owner's
expense. Such entry and repairs shall not be deemed to be an
acceptance of the services or an assumption by the Town of
any liability.
Development Agreement
3.12 Use of Services bv the MuniciDalitv
The owner agrees that the municipal services
constructed by him may be used, prior to acceptance by the
Town, for the purpose for which they are designed. such use
shall not constitute acceptance of the services and shall not
relieve the owner of any of his obligations.
3.13 Relocation of Existina Services or Recairs
The owner agrees to pay the cost of relocating and
repa~r~ng any existing services where such relocation or
repair is made necessary by reason of the construction of the
services required by this Agreement, and to adjust the grade
of all manhole catchbasins, water service boxes, valves,
hydrants and valve chambers as may be required by the Town
Engineer.
3.14 OUalitative or Ouantitative Tests
The Town Engineer may have qualitative or quantitative
tests made of any materials which have been or are proposed
to be used in the construction of any municipal services
required by this Agreement and the costs of such tests shall
be paid by the Owner.
3.15 Services Within Easemenrs
The owner agrees that he will not apply for building
permits for lots or blocks on which easements have been
imposed, or for lots or blocks immediately adjoining such
easements, until such time as an ontario Land Surveyor has
certified to the Town Engineer that the required service or
services have been installed within the limits of the
easements or that the easement descriptions have been
adjusted in accordance with the location of the services as
actually installed.
3.16 Blastina
The owner agrees that no blasting will be undertaken
without the written consent of the Town Engineer.
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3.17 Damaae
The owner agrees to indemnify the Town for the cost of
damage done to curbs, water service boxes and other services
on existing streets or on any easements during construction
and building by anyone other than the Town.
3.18 Alternative Arranaements
If the owner arranges with the owners of Lots 13 to
18, Plan 3M-145 to realign those lots to the satisfaction of
the the Town in order to eliminate the need for campbell
Avenue on Plan 3M-145, the Town will no longer require the
construction of a cul-de-sac at the end of the said Campbell
Avenue. The Town will then, at its absolute discretion, not
call upon those clauses of this Agreement which would
therefore not apply as a result of not having to construct
the cul-de-sac which will meet the requirements of the Town
Engineer and standards of the Ministry of Transportation Of
ontario.
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Development Agreement
4.0 MAINTENANCE AND REPAIRS DURING CONSTRUCTION
4.1 Roads Within the Plan
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The OWner agrees to carry out all road maintenance,
including dust treatment and grading, until the roads have
their final surface.
4.2 Sewers
The Owner agrees to maintain the storm sewers,
manholes and catch-basins until final acceptance and to clean
the sanitary sewers if any material is deposited therein
other than ordinary domestic waste. Maintaining the storm
sewers and catch-basins includes filtering against excessive
sedimentation. Prior to final acceptance, the OWner agrees
to clean all catch-basins and manholes and flush sewers with
hydraulic flushers to the satisfaction of the Town Engineer.
4.3 Care of Access Roads and Other Services
All access roads and all appurtenances on road
allowances giving access to the Development shall be
maintained in good condition during construction and, if
damaged, restored by the OWner. The OWner agrees to apply
calcium to the access roads, as needed and in sufficient
quantities to prevent dust problems. This shall include the
removal of mud tracked from the Development which must be
removed at the direction of the Town Engineer.
4.4 Dumcina and Removal of Debris or Fill
The Owner agrees neither to dump nor to permit to be
dumped any fill or other debris on nOr to remove or permit to
be removed any fill from any public lands, o~her than for the
actual construction of th~ roads in or abutting the
subdivision, without the written consent or the authority
having jurisdiction.
4.5 Erosion and siltina Control
The OWner must take all necessary precautions to
prevent erosion and sedimentation of sewers, ditches,
cuI verts, slopes, etc. both wi thin the development and
downstream during construction and completion of servicing of
the development. Failing adequate precautions being taken,
the OWner will be responsible for correction of any damages
and paying all maintenance costs resulting therefrom.
5.0 ACCEPTANCE OF WORKS
5.1 Insnections
.
The Town Engineer shall advise the OWner in writing of
the stages of construction of which the Town Engineer
requires the OWner to request inspections and the Town
Engineer shall effect such inspections without delay when
requested.
The Town Engineer may require the OWner to uncover for
inspection purposes any work which has been cove~ed by
backfilling or otherwise before the Town has had a reasonable
opportunity to inspect any portion of the work.
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Development Agreement
5.2 Preliminarv Acceotance
.
Upon completion of construction and installation of
each' stage of the municipal services and satisfactory
inspections thereof, the owner's Engineer shall issue to the
Town Engineer a certificate detailing that the work has been
completed in the stages as laid out provided for in this
Agreement. The Town Engineer shall inspect the work and
either accept or reject that statement and make a
recommendation to the Town concerning the acceptance of the
named services. Upon acceptance by the Town by resolution of
council the period of guaranteed maintenance for that stage
shall commence from the date of the last inspection.
5.3 Guaranteed Maintenance
The owner guarantees all services constructed under
this Agreement for a period of one year. following the date
of the last inspection noted immediately above. The owner
agrees to pay the Town immediately upon receipt of a written
demand, any expense incurred by the Town in making emergency
repairs during the guaranteed maintenance period.
5.4 Final AcceDtance
At the end of the period of guaranteed maintenance of
each stage of the municipal services, the owner's Engineer
shall issue to the Town's Engineer, a certificate
recommending final acceptance. The Town Engineer shall then
complete the final inspection of those services. At the
first reasonable opportunity following such final inspection
of the services and any requisite corrections, which
inspection shall not be unreasonably delayed, the Town
Engineer shall recommend to Council final acceptance of the
services 'and council shall pass the necessary resolution
accepting the services and a~suming the maintenance thereof.
5.5 Staaina of AcceDtance
The inspections, preliminary acceptance and final
acceptance of services shall be effected in the following
stages for the purposes of commencement of the period of
guaranteed maintenance and final acceptance of the services:
stage I
,"e'
- all underground services including water,
sewers, hydro, cable T.V. and telephone.
- qranular road sub-base
all grading required before the issuance of a
building permit including all road allowances.
- granular road base and base course of asphalt
road paving
- all other above ground services not in
stage III
- concrete curb and gutter
final course of asphalt road paving
- seeding or sodding of boulevards and parks
- all other items of municipal servicing which
were not completed in stages I and II.
Upon issuance of the certificate of Preliminary
Acceptance of the stage I services, the period of guaranteed
máintenance shall commence to run, as of the date of the last
inspection thereof, for all the stage I services except the
granular road sub-base.
stage II
stage III
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Development Agreement
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Upon issuance of the Certificate of Preliminary
Acceptance of the stage II services, the period of guaranteed
maintenance shall commence to run, as of the date of the last
inspection thereof, for all the stage II services.
Upon issuance of the Certificate of Preliminary
Acceptance of the stage III services, the period of
guaranteed maintenance shall commence to run as of the date
of the last inspection thereof, for all the stage III
services.
5.6 DeveloDment Releases
Upon final acc7ptance of the municipal services by
Council as set out ~n section 5.4 of this Agreement,
completion of final grading on the lot after construction of
a dwelling or dwellings to the satisfaction of the Town's
chief building official, completion of any remedial work
required by the Town and payment of all Town fees and
accounts, the Town will give a general certificate of
release, such release to be prepared and registered at the
expense of the owner.
5.7 Charae on Land
The owner charges the land with the performance of
this Agreement.
6.0 DRAINAGE. LANDSCAPING AND DESIGN
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6.1 Grade Control
Notwithstanding .any of the provisions of this
Agreement to the contrary, the owner shall:
(a) Complete the drainage'system including all grading,
ditches, swales, watercourses, ponds, drains, pipes, sewers,
manholes, catchbasins, service connections, apparatus and
equipment to service all the lands within the Plan and
adjacent thereto as required by and according to the
drawings, plans, reports and specifications approved by the
Town Engineer. The owner shall maintain the complete
drainage system, including clearing any blockage, until it is
finally accepted by the Town. The Town may connect or
authorize connections into the said drainage system but such
connections shall not constitute acceptance of the drainage
system by the Town.
(b) Complete the drainage system, including such grading as
is necessary to bring the elevation of a lot or block to
within 0.3 metres of the final grade as shown on the overall
grading plan acceptable to the Town Engineer, prior to any
building permits being issued. Final lot grading and the
grading of ditches and swales on lots or blocks that drain
only the lot or block on which they are located shall be the
only parts on the drainage system to be completed after
building permits are issued.
(c) submit to the Town with every application for a building
permit, a site plan indicating the location of the proposed
building and driveway on the site and indicating that the
proposed construction and grading will comply with said
Grading Plan. The said site plan will also indicate the
elevation of the top of the foundation wall of the proposed
building which elevation will also conform to the said
Grading Plan. No building permits will be issued until the
said site plan has been approved by the Town's chief building
official.
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Development Agreement
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(d) Agree that no building permit will be issued for any
construction beyond the completion of the foundation wall
until the Town's chief building official is satisfied that
the elevation of the top of the foundation wall of the said
building, as constructed, conforms within reasonable
tolerance to the elevation shown on the said site plan and
meets lot, zoning and building compliances.
(e) The owner shall complete all final grading of the said
lot in conformity with the site plan and Grading Plan.
(f) submit to the Town a certificate acceptable to the Town,
which certificate shall evidence that the final grading of
the said lot conforms to the Grading Plan and site plan
within reasonable tolerances as determined by the Town's
chief building official and that as so graded, the lot will
provide for surface drainage in accordance with the site plan
and Grading Plan.
(g) Be responsible for the drainage of all the Lands within
the Plan and shall, on the sale of the Lands reserve such
rights as may be necessary to'enable the owner or the Town to
enter for a period of two years from occupancy of any
dwelling and undertake modifications to the surface drainage
features of the said lots and blocks in accordance with the
lot Grading Plan agreed to by the Town. The Owner agrees
that, should drainage rectification become necessary in the
absolute discretion of the Town's chief building official at
any time during the term referred to herein and the owner
fails to make such rectification when so instructed by the
Town, the Town may, at its option, undertake the correction
of such drainage situation and all costs shall be charged
back to the Owner and shall include a management fee of
Fifteen (15%) percent of the cost of labour and material.
The owner agrees that neither it nor its successors or
assigns will alter the grading or change the elevation or
contour of the land except 1n accordance with drainage plans
approved by the Town.
6 . 2 TODsoil
The owner agrees that no topsoil shall be removed from
the lands on the Plan, without the written consent of the
Town. Where it becomes necessary to temporarily remove any
topsoil, it shall be stock-piled and replaced on the lot or
block to a depth of no less than 15 centimetres over the
entire area not covered by buildings, driveways or paved
areas. If the existing topsoil on the site is not
sufficient, additional topsoil will be supplied by the owner
to maintain the required depth over the area.
6.3 LandscaDina
(a) Soddina & Seedina
(i) The Owner shall ensure that sod or seed is placed on the
unpaved portions of all road allowances after all roads,
walks, and curbs, are completed. The owner shall ensure that
sod or seed is laid on the front, side and rear yards of all
lots and blocks thereafter.
(ii) sodding only, as opposed to seeding, shall be employed
where, in the opinion of the Town Engineer, it is warranted
on account of topography, soil conditions or drainage.
(iii) Sod shall be local No. 1 nursery sod. Seed shall be a
mixture of No. 1 perennial grass seeds compatible to the
area; rate of spread to be as directed by supplier.
(iv) Sodding and seeding shall be maintained by the owner
until well established.
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Development Agreement
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(b) Trees
The Owner agrees to six trees on the road allowance.
Trees shall be Norway or Hard Maple or green or white Ash and
the diameter of each tree trunk to be at least three inches
(3"). The location of the trees will be approved by the Town
in advance.
6.4 Sian for Subdivision
The owner may erect one sign advertising
development on lands described in Schedule "A" to
Agreement. The Owner shall remove any such signs after
year from the beginning of construction. The Owner
maintain the sign.
, the
this
one
shall
6.5 Survey Bars
Prior to final acceptance of the subdivision by the
Town, the owner agrees to locate and, if necessary, replace
all survey bars to the satisfaction of the Town Engineer.
7.0 ADMINISTRATION
7.1 Reaistration of the Aareement
The owner agrees that this Agreement and the Schedules
hereto or any parts thereof shall be registered upon the
title of the lands. The Owner shall pay to the Town all
legal costs incurred with respect to registration.
7.2 servina of Notices
Unless otherwise specified in this Agreement, any
notices required under the p~ovisions of this Agreement shall
be given by prepaid registered mail or by personal delivery
to the following persons at the following addresses:
TO THE MUNICIPALITY:
Clerk
The Town of Kincardine
707 QUeen Street
Kincardine, Onto N2Z 1Z9
Peninsula Group Inc.
235 King street East
Kitchener, Ontario
N2G 4N5
TO THE OWNER:
The OWner shall supply the clerk of the Town with any changes
in OWnership and/or address. The Town must then send any
notices to new owner and/or address.
7.3 Owner's Liabilitv
Until any services or work herein provided for is
accepted by the Town, the Owner agrees to indemnify and save
harmless the Town from all actions or suits which may arise
either directly or indirectly by reason of the work done o~
the materials supplied by any of the parties to this
Agreement pursuant to any of the provisions of this
Agreement.
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Development Agreement
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8.0 FINANCIAL PROVISIONS
8.1 Performance Guarantee
Prior to the issuance of any building permit or
construction of any public services, the Owner shall deliver
an irrevocable Letter of Credit from a Chartered Bank in a
form and àmount satisfactory to the Town Engineer, in order
to guarantee the completion of the works referred to in this
Agreement. It is ,agreed that the amount of the Letter of
Credit may be reduced or increased from time to time, subject
to the approval of the Town Engineer in proportion to the
works and services already installed or constructed and
subject to a review by the Town Engineer of the remaining
services to be completed.
Prior to the acceptance of services, and the ·release
of the performance guarantee, the owner will post a
maintenance guarantee in the form of a Letter of Credit from
a chartered bank in the amount of ten percent (10%) of the
value of the work satisfactory to the Town Engineer. This
letter of Credit shall cover all defects in the construction
of the said works and services for a period of two (2) years
from the date of acceptance of the said works and services,
all in accordance with the requirements of Schedules "D"
and "E" attached hereto.
The owner also agrees that the irrevocable Letters of
Credit referred to in this Section shall contain the
following clause: "It is a condition of the Letter of Credit
that it shall be deemed to be automatically extended without
amendment from year to year from the present or any future
expiration date hereof, unless at least 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."
.
8.2 Levies or Imcosts
The owner shall pay to the Town the amount per unit as
set out in the Town's Development Charges By-law or Lot Levy
By-law in effect at the time of payment on or before the
issuance of a building permit or the sale of the property
whichever occurs first.
8.3 Taxes
The owner shall pay in full all taxes and local
improvement charges in arrears.
8.4 Insurance
Prior to commencing construction and installation of
any of the services herein provided for, the owner shall
supply the Town with a liability insurance policy in the
amount of One Million Dollars ($1,000,000) and in a form
satisfactory to the Town's Solicitor indemnifying the Town,
the PUC, and the Town Engineer from any loss ar~s~ng from
claims ·for damages, injury or otherwise in connection with
the works done by or on behalf of the owner on the lands
until the expiration of the guarantee period on all the
services herein provided for. The policy shall not have any
exclusion for blasting. In the event any renewal premium is
not paid, the Town, in order to prevent the lapse of such
policy, may pay the renewal premium or premiums, and the
owner agrees to pay the cost of such renewals within ten (10)
days of the account being rendered by the Town. The premiums
for this policy shall be paid initially for a period of three
(3) years.
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Development Agreement
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8.5 Interest on Overdue Accounts
The OWner shall pay interest to the Town at the rate
of 15 percent per annum on all monies payable under this
Agreement which are not paid on the due dates, calculated
from the due dates to the date of payment.
8.6 The Construction Lien Act. 1983
The OWner 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, 1983, and will otherwise indemnify the Town against
any claims, actions or demands for Mechanics' Liens or
otherwise in ðonnection with the works and all costs in
connection therewith, and on the demands of the Town Engineer
will forthwith take such steps to immediately discharge all
Liens upon the services.
Notwithstanding anything to the contrary contained in
this Agreement, the OWner hereby agrees that the filing of
any Liens pursuant to the Construction Lien Act, 1983, with
respect to the land described in Schedule "A" attached
hereto, shall constitute a default by the Owner of the terms
of this Agreement and shall entitle the Town to draw on any
or all of the Letter of Credit referred to in section 8.1 of
this Agreement and to utilize said draw to make payment into
Court of the holdback together with costs.
8.7 Parkland
The OWner agrees to make a cash payment in lieu of
Parkland at the rate of $500 per unit on or before the
issuance of a building permit. This fee will be waived
provided that the OWner deeds to the Town, free and clear of
all encumbrances, land for parkland purposes being composed
of the south 61.384 metres of Block 38, Plan 3M-145, Lots 15
> > .
and 16, Plan 3M~145, the west 10.69 metres of Lot 17, Plan
3M-145, the west 9.04 metres of Lot 14, Plan 3M-145 and the
west 30.5 metres of Campbell Avenue as shown on Plan 3M-145
in the Town of Kincardine.
8.8 Easements
The OWner agrees to convey such easements to the Town
or the PUC as outlined in Schedule "F" as required by the
Town, free from any encumbrances, and any other further
easements to be shown on the approved Engineering Plans to be
approved by the Town Engineer for the purposes set out
therein.
8.9 DeveloDer Becomina OWner
The developer herein joins to consent to the terms of
this Agreement and agrees that in the event the lands become
vested in him, the developer shall be required to comply with
the terms to the same extent as if he had joined as owner.
8.10 AnDeal to Zonina Bv-Iaw
If an appeal is lodged to the amending zoning by-law,
both the OWner and Developer agree that the Town will repeal
the amending by-law if both the OWner and Developer elect not
to proceed with the appeal to the Ontario Municipal Board
wi thin ten days of the expiry of the appeal period.
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Development Agreement
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9 . 0 MISCELLANEOUS PROVISIONS
9.1 Buildina Permits
No building permit shall be issued upon any lot or
block and no building shall be undertaken thereon until
completion of stage I of the municipal services. There shall
be no occupancy of any lot until completion of stage II of
the municipal services. The TOWD shall have the power to
refuse to grant building permits with respect to any or all
of the lots shown on the Plan at anytime when the OWner is in
default under this Agreement.
9.2 House Numbers
All street numbers for use within the proposed plan of
Development shall be allocated by the TOWD. The OWDer shall
furnish the clerk with a copy of the Development Plans as
approved, upon which the clerk will designate the proper
number or numbers for each lot. It shall be the
responsibility of the OWner to furnish the subsequent
purchaser and tennants with the correct street number.
9.3 Gender
The word "OWner, or the words "he" or "his" where used
in this Agreement, in addition to their accepted meanings,
shall mean and include an individual, an associate, a
partnership or an incorporated company and also includes
heirs, successors and assigns. Wherever the singular is used
herein, it shall be construed as including the plural, and
wherever the masculine is used herein it shall be construed
as including the feminine, and vice versa in all cases.
9.4 Authoritv
The OWner and the To~ acknowledge that the supply of
any Town services to the lands which may be undertaken or on
behalf of the TOWD must first receive the approval, with
respect to certain of the TOWD services herein referred to,
of the Ministry of the Environment.
9.5 No Waiver
The failure of either the TOWD or the OWner to insist
upon the strict performance of the terms and conditions
hereof shall not constitute or be construed as a waiver or
relinquishment of either parties' rights to thereafter
enforce the same in accordance with this Agreement in the
event of a continuing or subsequent default on the part of
either party.
9.6 Severabilitv
.'
It is mutually agreed that in the event that any
clause or provision of this Agreement or any part thereof
shall be declared invalid, void or unenforceable by any Court
having jurisdiction, such invalidity shall not affect the
validity or enforceability of the remaining portions of this
Agreement unless the result would be manifestly inequitable
or unconscionable.
9.7 Non-Performance
It is agreed between the parties hereto that no party
shall be held responsible for damages caused by delay or
failure to perform its obligation hereunder when such delay
or failure is due to fires, strikes, floods, acts of God,
lawful ·acts or public authorities, or delays which cannot
reasonably be foreseen or provided against.
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Development Agreement
9.8
owner's ExDense
is
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Every provision of this Agreement by which the Owner
obligated in any way shall be deemed to include the words
the expense of the owner" and "as approved or accepted by
Town," unless specifically stated otherwise.
.
9.9 ComDlete Aareement
This Agreement when executed together with all
Schedules attached hereto as provided for this Agreement
shall constitute the entire Agreement between both parties
and this Agreement may not be amended, modified or terminated
except in writing signed by the parties hereto.
9.10 Further Documents
The parties shall execute and deliver all
and perform all further actions that may be
necessary under the provisions of this Agreement.
9.11 ComDliance with Law and Standard Practices
documents
reasonably
The owner shall perform its obligations hereunder in
compliance with any and all applicable federal, provincial
and local laws, rules and regulations, in accordance with
sound engineering and safety practices, and in compliance
with any and all reasonable rules of the Town relative to the
premises.
9.12 Indemnification of MuniciDalitv
The Owner, on behalf of itself, its successor and
assigns in title, shall indemnify the Town and the Town
Engineer on a solicitor/client basis against all actions,
suits, causes of action, claims and demands whatsoever which
may arise either directlY or indirectly by reason of the
owner undertaking this development.
9.13 Soil Conditions
The owner acknowledges and agrees that any Town
approvals, including (without restricting the generality of
the fOregoing) zoning, development and site plan approvals do
not verify or confirm the adequacy of soil conditions and the
owner accepts responsibility for soil conditions, including
soil contamination and agrees to comply with the
Environmental Protection Act and other leg~slation and the
Owner agrees to indemnify and save the Town harmless from all
actions or claims relating to soil conditions on the subject
lands.
9.14 ComDliance with Law
Nothing in this Agreement exempts the Owner or anyone
claiming by or through or under it from compliance with any
by-law of the Town or any Statute or Regulation of ontario or
any other law nor exempts it from any liability accruing to
it as the owner of the Lands.
.
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Development Agreement
BENEFIT AND BURDEN
IT IS DECLARED AND AGREED that this Agreement and the
covenants, provisions, conditions and schedules herein shall
ensure to the benefit of and be binding on the respective
heirs, executors, administrators, successors or assigns of
each of the parties hereto.
IN WITNESS WHEREOF the Corporate seals of the owner, the
Town, the P.U.C. and the Developer have hereunto affixed
under the hands of their proper signing officers in that
behalf.
.
SIGNED, SEALED AND DELIVERED
(in the presence of)
.
Approved & Authorized by
By-law No. 1991- '11-
enacted the 9th day
of May, 1991
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THE KINCARDINE PUBLIC
UTILITIES COMMI SS I01!---"""',.,
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SCHEDULE "A"
DescrlotiOD of Lands to Wblcb Tbls Alll"eemeDt Aoolles
Lots 16, 17, 18, 19 and 20, Plan 151 in the Town of
Kincardine in the County of Bruce.
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SCHEDULE "C"
Works to be Constructed
Roads, including granular base, concrete curb and
gutter and asphalt pavement.
Storm sewers.
sanitary sewer collection system.
Watermains
Electrical distribution system and street lighting.
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SCHEDULE wOw OF SUBDIVISION AGREEMENT
ENGINEERING DESIGN CRITERIA AND SPECIFICATIONS
1.
DRAFTING REQUIREMENTS
Plan and profiles must be prepared on velum or mylar for all
new streets within the Town. These drawings and also drawings
showing details of special structures, etc. shall be prepared
by a Professional Engineer and turned over to the Town 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 drawing.
b) In general, East-West street 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 rom x 841 rom.
d) Scales shall be as follows for drawings:-
General Layout plan - Scale Ratio - 1:1000
Plan-Profile Drawings Horizontal - 1:500
Vertical - 1:100
Ratios shall be shown on all drawings.
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 pf curves must be shown on the plan
and profile with the radius of curvature shown on the plan.
Chainages of points of curvature shall be calculated.
g) The chainage and names of intersecting streets shall be shown
in plan and profile. The drawings shall show clearly the
proposed profiles, road widths and cross-sections, ditches,
ditch gradients, curb gradients if different from the proposed
services, north sign and limits of the proposed work. The
plan shall show any required off-street drainage and separate
profiles shall be prepared for drainage easements. All detail
for intersecting streets including grades must be shown for a
distance of 50 meters from the intersection of the
intersection street. All street lines shall be shown and all
easements for drainage or services.
h) The Town shall be named in the title block which shall be
placed in the lower right corner.
i)
On completion of the work, and prior to acceptance of the
services the drawings shall be completed in ink WAs BuiltW and
dated before turning over to the Town. The Town Engineer
shall be consulted as to the manner of showing information not
set out in these requirements. The Developer's Engineer shall
add his Professional Engineer's seal to all final drawings.
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ROADWAYS
General
All roadways shall be serviced by storm sewers, and concrete
curb and gutter. Road allowances shall be a minimum of 20
meters wide. The edge of the roadway paved surface shall have
a minimum radius of 9 meters at intersection. Access roads
not owned by the Town, leading to the area of the development
shall be maintained or constructed 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 M.T.O. requirements.
Street allowance on cul-de-sacs are to have a minimum of 20
meters radius. Edge of pavement radius on cul-de-sacs are to
be 13 meters minimum.
Minimum road asphalt width shall be 8.5 meters. The finished
roadways shall have a crossfall of 2% from the centreline to
each curb line, and the boulevards shall have a finished
crossfall of a minimum of 2% and a maximum of 8% from the top
of curb to back of boulevard, draining towards the curb.
2.2 Clearinq and Grubbinq
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 Town Engineer may give special
permission to leave treeB on the street allowance, providing
that they are situated more than 1.5 meters behind the curb.
2.3 Gradinq
2.4
The boulevard area behind the curbs shall be graded at a
minimum of 2% towards the curbs. The area between from the
edge of the road boulevard to the street line shall be graded
with a side slope not exceeding a slope of 3 meters horizontal
to 1 meter vertical to meet the original ground. All side
sloped ditches and boulevards to the street line shall be
protected with nursery sod over topsoil leaving a minimum
depth of 100 mm.
House Lot Gradinq
Generally, all lots shall be excavated or filled so that the
whole of the lot area from the street line to a line at least
3 meters beyond the rear of the building shall have an
elevation not less than 0.5 meters or more than 2 meters
higher than the finished crown of the road opposite the centre
of the lot. In situations where the slope of the land
justifies different requirements the Town Engineer may permit
variations of the above. A plan showing proposed lot grade
shall be submitted to the Town Engineer for his approval and
the Engineer retains the right to amend any of the grades
proposed if he considers a particular situation so warrants.
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Park Gradinq
The area of land deeded to the Town for public purposes other
than highways shall be carefully graded. care being taken to
preserve any trees. The whole area shall be top dressed with
a minimum of 100 mm of topsoil and shall be seed with approved
lawn seed mix (OPSS 572).
Road Construction
All road construction shall conform to applicable standards of
Ontario provincial Standard Specifications (OPSS) and Ontario
provincial Standard Drawings (OPSD). The granular roadbase
shall consist of a bottom course of 300 mm minimum depth
consolidated Granular "B" full width across the roadway and a
top course of 150 mm of Granular "A" full width between
concrete curbs. The granular materials shall be spread in
layers of 150 mm maximum compacted depths. and each layer
shall be thoroughly compacted. No granular base of surface
material shall be placed until the grade on which it is to be
laid has bèen inspected and approved by the Town Engineer.
During and between construction seasons. the granular base
shall be maintained suitable for vehicular and pedestrian
traffic including dust control by calcium chloride and renewed
if required to the satisfaction of the Town Engineer.
2.7 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 40 mm minimum
thickness of HL-4 Base Course Asphalt. The surface coat of
asphalt may be placed upon the approval of the Town Engineer
which shall not be given for at least one year from the date
of placement of the base course of asphalt or until 50 percent
of the houses have been constructed. The surface course
asphalt shall consist of 40 mm minimum thickness of HL-4
Surface Course Asphalt. Asphalt work shall conform in all
respects to OPSS 310.
2.8 Curbs
Install concrete curb and gutter of cross-section approved by
the Town Engineer along all edges of roadway paved surface.
Terminations at the limits of the subdivision shall be either
joined to existing concrete curbs or rounded to reduce hazard
to traffic. Construction shall conform to OPSS 353.
2.9 Drainaqe
. a)
b)
c)
d)
e)
A Drainage Report and Plan setting out the existing and
proposed drainage pattern shall be submitted to and approved
by the Town Engineer. This report among other things shall
pay particular attention to the following:
possible areas within the subdivision not having suitable
drainage outlets,
the possible obstruction of natural drainage patterns by
development and buildings.
drainage outlets from the subdivision,
natural water courses entering the subdivision and adjacent
lands draining to the subdivision.
accumulated flows at all proposed drainage structures.
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This report shall show the recommendations for dealing with
all drainage which affects the design of drainage works for
the development and such recommendations, when approved by the
Town Engineer shall be incorporated in the Engineering
drawings. Ditches and culverts or other structures shall be
sized to take the total expected storm run-off calculated by a
recognized Engineering method.
SERVICE LAYOUT PLAN
A copy of the General Plan shall be submitted indicating the
proposed locations of Bell Cables, Hydro wires and poles, gas
mains, co-axial television cables as well as watermains and
storm sewers and sanitary sewers. All locations must be
established and resolved by the Developer's Engineer in
conjunction with the Dtility companies and following the
locations shown on the Town's Typical Cross-Section.
4 . TELEPHONE
Telephone service shall be underground and shall be installed
by Bell Canada. The Developer must bear the cost of any
surcharges for underground installation made by Bell Canada
and must grant Bell Canada any easements required for their
services.
5 . HYDRO
Hydro installation shall be completed to the satisfaction of
the P.U.C. under their specification number H-100.
6.0 STREET LIGHTING
7.
The minimum standard for street lighting shall be 150 watt
High Pressure Sodium Lamps set on 10 meter concrete poles or
as directed by the Town. Each light must be controlled by a
dusk to dawn photo-electric cell. Power feed shall be
completely underground. The lights shall generally be placed
to the outside of curved roads. The maximum allowable spacing
along the street between the lights shall be 45 meters but may
be increased at the Town's discretion to a maximum of 60
meters in special instances. The poles must be located on lot
lines and particular care shall be taken to adequately
illuminate the intersections and cul-de-sacs.
All installations shall be to the satisfaction of the
Kincardine P.U.C.
STREET AND TRAFFIC SIGNS
7.1 Proposed street names shall be subject to the approval of the
Town.
7.2 Street NameSiqns and House Numberinq
At each intersection there shall be erected an approved double
unit street name sign. The signs and posts will be provided
by the Town at the Developer's expense.
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7.3 Traffic Siqns
Traffic signs and posts will be provided by the Town at the
Developer's expense, following the passing of a by-law for
their installation.
7.4 Guide Posts
On Fills higher than 2 meters, timber guide posts or guard
rails shall be installed conforming to OPSS and OPSD
Standards.
8.0 SANITARY SEWERS AND SEWAGE
8.1 Approval of plans
plans of the entire system shall be submitted to the Ministry
of the Environment and the Town 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.
8.2 Location
The main sewers shall be located along the centre of the
street allowance. House connections shall terminate at the
property line at the centre of each lot.
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8.3 Material
Main sewers shall be P.V.C. or approved alternate. House
connections shall be P.V.C. or approved alternate. All joints
shall be of the rubber gasket type as approved by the Town
Engineer. Approvéd caps shall be provided for services.
8.4 Size
The minimum size for main sewers shall be 200 rom 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.
8.5 Sewer Construction
Sewer construction and pipe bedding shall conform to the
requirements of the OPSS 410 for sewer construction.
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8.7
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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 on 200 rom and 250 rom sewers. Saddles are
permitted on sewers larger than 250 rom. A cap of approved
manufacture shall be installed at the street line and made
watertight. The ends of all services shall be marked by a 50
rom x 100 rom wood post extending from the service to 300 rom
above the service 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 Town Engineer.
Manholes
Concrete manholes shall be provided at all changes in
direction of the sewer and at all street intersections, but no
further apart than 120 m. Manholes shall be 1200 mm dia.
conforming to OPSD 1001.01. Benching shall be provided in all
manholes.
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 both faces.
8.8 Testinq and Flushinq of Sewers
The complete sewer system including house connections shall be
tested and flushed in acbordance with OPSS 410. The Developer
shall arrange the tests for sections of sewer between manholes
and shall inform the Town Engineer when a section is on test
and ready for inspection. Any sections of sewer which fail to
meet the requirements of this section shall be repaired and
retested.
8.9 Complétion and Acceptance
9.0
9.1
9.2
The complete sewage collection system must be installed and
approved by the Town Engineer prior to the issuance of
building permits for the subdivision.
STORM SEWERS
General
Storm sewers shall be provided to serve the whole of the
subdivision. Drawings shall show plans and profiles .of each
storm sewer. Design of the proposed works must be submitted
to the Town Engineer and the M.O.E. for approval.
Connection to Town System
The storm sewers shall be connected to the Town storm sewer
system or discharged to a natural watercourse as approved by
the Town, the Conservation Authority, and the Ministry of the
Environment.
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Design Criteria
The storm sewer system shall be designed by a recognized
Engineering method such as the Rational Method using a Yarnell
5-year rainfall intensity curve and a maximum time of
concentration of 15 minutes at the inlet of the storm sewer
system.
Sewer Pipe Material
Sewer pipe material shall be Concrete Pipe or approved equal
with rubber gasket connections Class c14ES or reinforced
concrete pipe of the class required for the depth of cover.
The minimum size, including catch basin leads shall be 300 rom.
The Town may require a larger storm sewer size on parts of the
subdivision than required for the subdivision alone.
9.5 Storm Sewer Construction
Storm sewer construction and pipe bedding shall conform to the
requirements of the Ontario provincial Standard Specifications
for sewer construction. Pipes shall be bedded in approved
granular materials.
Catch basin leads shall be connected to the main sewer with a
manhole except where the main sewer size exceeds 450 rom
diameter, in which case the lead can be connected directly to
the main sewer using a factory manufactured "T".
9.6 Manholes and Catch Basins
Concrete manholes shall be provided at all changes in
direction of the sewer and at all street intersections, but no
further apart than 120 m. Manholes shall be 1200 rom diameter
or larger conforming to OPSD Series 700. Benching shall be
provided in all manholes. Catch basin manholes shall contain
a sump or minimum depth of 300 rom below lowest invert on
sewers up to and including 450 rom diameter.
Catch basins shall be provided on both sides of the street at
all low areas but no further apart than 60 m. catch basins
for depth up to 2 m from ground level to invert shall be 600
rom square concrete conforming to OPSD 705.02. For greater
depths catch basin-manholes shall be used conforming to OPSD
701. 03.
10.0 Payments to the Subdivider
The Town shall not be liable for any costs arising out of the
construction of services for the subdivision except under the
following conditions.
Where a storm sewer is larger than required for subdivision
purposes the Town may pay the difference in cost for supplying
the larger size pipe and any additional manholes required for
completion of the system.
b) When a sanitary sewer in excess of 250 rom diameter is
required, for lands outside the subdivision, the Town may pay
the difference in cost for the supply of the larger size pipe.
The Town will pay for the cost of the extention of the
sanitary sewer beyond those service connections required by
Russell Meadows. The purpose of this sewer connection is to
provide future service on Campbell Avenue.
c) When a watermain in excess of 200 rom diameter is required, for
lands outside the subdivision, the Town may pay the difference
in cost for the supply of the larger size pipe and fittings.
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SCHEDULE "E"
CODllrDetioD Schedule
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Time Li.1ts for Comuletlou of Works
1. watermains, sewers, curbs, walkways, fencing, seeding,
tree planting, granular base and base course of hot asphalt
shall be completed not later than two years from the date of
this agreement.
2. Final course of hot asphalt shall be completed not later
than two years from the base course of asphalt and not prior
to one year from the base course of asphalt.
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SCHEDULE "F"
Additional Oblla~o~8 Imoosed bv the Town
R_ectlnll This Develoomeat
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SCHEDULE "G"
Easements Required to be Granted to the Town aud tile P.U.C.
1 . The Town will require a minimum of a six (6) metre
easement along the south border of the Lands.
91/04/29