HomeMy WebLinkAbout08 084 Development Agreement - DHC Developing Inc.
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2008 - 084
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF
A DEVELOPMENT AGREEMENT WITH
DHC DEVELOPING INC.
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 ability 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 Part of Lot 1,
Concession 1 SDR, Parts 1,2 & 5, Plan 3R-8356; Municipality of Kincardine,
formerly the Township of Kincardine, County of Bruce are required to enter into
an agreement with the Municipality with regard to municipal services;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it expedient to enter into a development agreement with DHC Developing
Inc. for municipal servicing of Part of Lot 1, Concession 1 SDR, Parts 1,2 & 5,
Plan 3R-8356; Municipality of Kincardine, formerly the Township of Kincardine,
County of Bruce;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an
agreement with DHC Developing Inc. for municipal servicing of Part of Lot 1,
Concession 1 SDR, Parts 1,2 & 5, Plan 3R-8356; Municipality of Kincardine,
formerly the Township 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 DHC Developing Inc.
attached to this by-law as Schedule 'A'.
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DHC Developing Inc. Development Agreement By-law
By-law No. 2008 - 084
3. This By-law may be cited as the "DHC Developing Inc. Development
Agreement By-law".
READ a FIRST and SECOND TIME this 21st day of May, 2008
A?(j =J-.
Mayor
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Clerk
READ a THIRD TIME and FINALLY PASSED this 21st day of May, 2008
~ '1N.<-~aIlk'..
Clerk
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
DEVELOPMENT AGREEMENT
DEVELOPMENT AGREEMENT
FOR DHC COMMERCIAL DEVELOPMENT
between
DHC Developing Inc.
- and-
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Dated \--1cA \{ <9-15+, 2008
,
The Corporation of the Municipality of Kincardine
1475 Concession 5, R. R. 5
Kincardine, Ontario
N2Z 2X6
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
INDEX
Section 1 - Interpretation..............................................................................................................2
1.1 Definitions...................................................................................... ..... ............ .............2
1.2 List of Schedules....................................... .......................... ........ .................................3
Section 2 -- Order of Procedure....................................................................................................3
Section 3 - Installation of Services...............................................................................................4
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
3.24
General.........................................................................................................................4
Municipality's Legal and Engineering Costs...............................................................4
Developer's Engineer. ............................... .................................. .................................5
Works to be Installed............. ................................. .......... ........................ ...................5
Approval of Plans .................................................... ....................................................5
Notification of Connnencement...................................................................................5
Progress of W orks........................................................................................................6
Scheduling of W orks.................................................... ................................................6
Contractor ................................ ............... ................. ........... ..... ....................................6
Utility Costs and Charges ............................................................................................6
Access Roads ............................................................................................................... 7
Movement of Fill ............. ............................................................................................ 7
Damage to Existing Plant............................................................................................. 7
Deleted ......................................................................................................................... 7
Testing....................... ................ ................ .............. ................ .................. ...................7
Erosion and Silting Control.........................................................................................7
Emergency Access .......................................................................................................7
Construction Refuse and Weeds ..................................................................................8
Dust Control.................................................................................................................8
Deleted .........................................................................................................................8
Municipal Street Numbers ...........................................................................................8
Blasting ................................................................ ........................................................8
Deleted................................. ........... .............................. ................. ..............................8
Contaminants ...............................................................................................................8
. Section 4 -- Acceptance of W orks .................................................................................................9
4.1 Stages of Construction and Services............................................................................9
4.2 Inspection and Acceptance of the Works.....................................................................9
4.3 Final Acceptance of the Works ....................................................................................9
4.4 Acceptance During Winter Months .............................................................................9
4.5 Use of Works by Municipality.....................................................................................9
4.6 Replacement of Survey Bars......................................................................................1 0
4.7 Ownership of Services ...............................................................................................1 0
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Section 5 - Maintenance of Works ............................................................................................10
5.1 Maintenance of Works ...............................................................................................1 0
5.2 Deleted............................................. .......................... ................ ................ ................10
5.3 Emergency Repairs ....................................................................................................1 0
Section 6 - Drainage and Landscape Design ............................................................................10
6.1
6.2
6.3
Drainage .....................................................................................................................1 0
Preservation of Trees........................................... .......................................... ........... .11
Maintenance of Lot Grading ......................................................................................11
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Index (cont' d)
Section 7 - Lands to be Conveyed..............................................................................................11
7.1 Lands for Municipal Purposes ...................................................................................11
7.2 Easements .......... ............... .........................................................................................11
Section 8 -- Administration .........................................................................................................11
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
8.10
8.11
8.12
8.13
8.14
8.15
8.16
8.17
8.18
8.19
8.20
8.21
8.22
Voiding Agreement....................................................................................................11
Developer's Expense .................................................................................................11
Deleted .......................................................................................................................12
Developer's Liabilities. ...... ............ ............... ..... ................. .................. .................... .12
Insurance......................................................................... .......................................... .12
Legal Notice to Developer .........................................................................................12
Registration................ ................................ ............... ...................................... ........ ...12
Deleted.................... ................................ .................................................................. .12
Requirements for Building Permits ...........................................................................12
Requirements for Occupancy.....................................................................................13
Deleted... .............................. ........................... .................. .................. ................ .......13
Right to Enter into an Agreement ..............................................................................13
Successors and Assigns.................. ............... ............... .................................... ...... ....13
Notification to Purchaser.......................................... .................... .................. ........ ...13
Scheduling, Progress and Completion .......................................................................13
No Municipal Liability ..............................................................................................14
Assignment ................................................................................................................14
Conflict.......... ............. ................................. ............... .................. ................ .......... ...14
Severability.................................. .............. ..................................................... .......... .14
Amendment.................... ............................................................................................14
Further Assurances............. ............ ......................................................................... ...14
Joint and Several............................ ...... .......... ............... .................. ................ ...........14
Section 9 -- Financial Provisions.................................................................................................14
9.1
9.2
9.3
9.4
9.5
9.6
Development Charges, Drainage and Local Improvement Charges.......................... 14
Securities............................ ............... .............. ............... ................... .................. .......15
Reduction of Securities................... ............................... .................. ...................... ....15
Statutory Declaration of Accounts Paid.....................................................................15
Construction Lien Act...... .................... ........... ................ .................. ........................ .15
Partial Release........................ ................ ............ ............... ..... ................................... .15
Section 10 - Special Provisions
- See Schedule "M" ..................................................................................................17
Section 11 -- Signatures ...............................................................................................................17
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Index (cont' d)
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F"
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
LIST OF SCHEDULES
Description of Lands .......................................................................................18
Plan of Development........................................................................................19
Municipal Servicing Standards .... .......... .................... ...................... ................20
Checklist of Works to be Constructed .............................................................30
Itemized Estimate of Costs of Construction of Each Part of the Works..........3l
Deleted
Deleted
List of Lands for Municipal Purposes and Easements to be Granted
to the Municipality ...........................................................................................32
Deleted
Application for Reduction of Security .............................................................33
Fonn of Partial Release....................................................................................34
Deleted
Schedule "M" -- Special Provisions ............................................................................................35
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MUNICIPALITY OF KINCARDINE
DEVELOPMENT AGREEMENT
THIS AGREEMENT made in triplicate on the
day of
,2008_ A.D.
BETWEEN:
DHC Developing Inc.
hereinafter called the "Developer" of the FIRST PART
- and-
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality" of the SECOND PART
WHEREAS the Developer is the owner of the Land described in Schedule "A" to this
Development Agreement (hereinafter called the "Agreement") and proposes to develop it.
AND WHEREAS the Developer has entered into a Site Plan Agreement dealing with the
proposed commercial development on that site.
AND WHEREAS the Developer agrees to construct and install certain municipal services as
hereinafter provided and herein referred to as the "Works" set out in Schedule "D" and to make
financial arrangements with the Municipality for the installation and construction of those
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 of the other parties hereto, (the receipt whereof is
hereby acknowledged), the parties hereto hereby covenant, promise and agree with each other as
follows:
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SECTION I-INTERPRETATION
1.1 Definitions
The terms defined in this Section 1.1 shall have the following meanings unless the context
expressly or by necessary implication otherwise requires:
"Agreement" means this Agreement titled "Development Agreement".
"Business Day" means any day that is not a Saturday, Sunday or statutory holiday in the
Province of Ontario.
"Certificate of Final Acceptance" means the certificate issued by the Municipality after
satisfaction of the conditions identified in Section 4.3.
"Certificate of Inspection Re: Readiness for Occupancy" means the certificate issued by the
Municipality after satisfaction of the conditions identified in Section 8.10.
"Certificate of Preliminary Acceptance" means the certificate issued by the Municipality after
satisfaction of the conditions identified in Section 4.2.
"Chief Administrative Officer (CAO)" means the Chief Administrative Officer or his/her
designate 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.
"Developer" means, collectively, DHC Developing Inc. and their respective successors and
assigns.
"Land" means the real property which is the subject of the Plan, the legal description of which is
attached as Schedule "A".
"Municipality" means the Corporation of the 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 plan of development, reference plan, or other plan relating to the Land, a draft
copy of which is attached as Schedule "B".
"Public Works Manager" means the Public Works Manager or his designate for the
Municipality of Kincardine.
"Works" means the works and services described in Schedule "D".
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1.2
List of Schedules
The following schedules are attached to and form part of this Agreement:
Schedule "A"
Description of Lands Being Developed
Schedule "B"
Plan of Development
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"
deleted
Schedule "J"
Application for Reduction of Security
Schedule "K"
Form of Release
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 of twenty thousand ($20,000.00) dollars as a
deposit in respect of the Municipality's legal and engineering costs referred to in
Section 3.2 (a) herein.
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) 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.
(d) Deliver to the Municipality's Solicitor written authorization to register this
Agreement or Notice of this Agreement both before and after registration of the
Plan, and a cheque in respect of the cost of the said registrations where upon the
Municipality's Solicitor shall register this Agreement.
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2.3
Prior to starting construction on the Services, the Developer shall:
(a) Have submitted and obtained the written approval of the Municipality's Engineer
for the following to be done in accordance with the Municipal Servicing
Standards of the Municipality:
. Final approved drawings for all Works required in Schedule "D" to this
Agreement.
(b) 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.
(c) Provide written confirmation of having obtained the approval for drainage, road
crossings, encroachment, etc. of all road authorities including the Municipality,
County, Conservation Authority, the Ministry of Transportation of Ontario and
any other authority involved.
2.4
Prior to the sale of any lot and/or prior to the issuance of building permits the
Developer shall:
(a) Have complied with all requirements of Section 8.9 of the Agreement.
2.5 Prior to any person occupying any building, the Developer shall:
(a) Have complied with all the requirements of Section 8.10 of this Agreement.
SECTION 3 --INSTALLATION OF SERVICES
3.1 General
Upon approval of the Plan by the County, the Developer shall design, construct and
install at his own expense and in good workmanlike manner to the servicing standards
of the Municipality as set out in Schedule "Coo to this Agreement.
3.2 Municipality's Legal and Engineering Costs
(a) The Developer agrees to pay the Municipality's cost of the Municipal Solicitor
and of the Municipality's Engineer's invoices for the checking of plans and
specifications and for supervision and inspection on behalf of the Municipality.
(b) The Developer shall be invoiced regularly by the Municipality for all costs
incurred by the Municipality with respect to this Agreement.
(c) The Developer shall reimburse the Municipality for all costs incurred by the
Municipality as referred to in Section 3.2 (a) herein, within thirty (30) days of
each billing, failing which the Municipality and its agents shall cease all work
with respect to the review of the 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 ten thousand ($10,000.00) dollars, failing
which the Municipality and its agents shall cease all work with respect to the
review of the Development.
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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
Ministry of the Environment, and others as required.
(e) To provide the field layout, the contract documentation and the full time
supervision of construction.
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(f) To maintain all records of construction and upon completion, to advise the
Municipality's Engineer of all construction changes and to prepare final "as
constructed" drawings. Digital files 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 I meter or less.
(g) To act as the representative of the Developer in all matters pertaining to the
construction.
(h) To provide co-ordination and scheduling to comply with the timing provisions of
this Agreement and the requirements of the Municipality's Engineer, for all
works specified in this Agreement.
(i) To provide certification that the installation of services was in conformance to
said plans and specifications, such certification to be in a form acceptable to the
Municipality's Solicitor and the Municipality's Engineer.
G) 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.
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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
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The Developer shall not commence the construction of any of the works until 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.
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3.7
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3.8
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Progress of Works
The Developer shall install all Works in a timely manner, in accordance with the
requirements of Schedule "c" and this Agreement. If he fails to do so, having
commenced to install the aforesaid works, fails or neglects to proceed with reasonable
speed, or in the event that the aforesaid works are not being installed in the manner
required by the Municipality, then upon the Municipality giving seven (7) days written
notice by prepaid registered mail to the Developer, the Municipality may, without
further notice, enter upon the said lands and proceed to supply all materials and to do
all the necessary works in connection with the installation of the said works, including
the repair or reconstruction of fault work and the replacement of materials not in
accordance with the specifications, and to charge the cost thereof together with an
engineering fee often percent (10%) of the cost of such materials and works to the
Developer who shall forthwith pay the same upon demand. Ifthe Developer fails to
pay the Municipality within thirty (30) days of date on the bill, the money owing may
be deducted from the cash deposit, letters of credit, or other securities. It is understood
in the event that the Municipality must enter upon said lands and have works completed
or repaired due to situations as outlined above any or all original mylars and
specifications prepared by the Developer's Engineer must be turned over to the
Municipality's Engineer for his use should he require same. It is understood and agreed
between the parties hereto that such entry upon the lands shall be as agent for the
Developer and shall not be deemed for any purpose whatsoever, as an acceptance or
assumption of the said Works by the Municipality. The Municipality, in addition to all
other remedies may refuse to issue building permits until such Works are completely
installed in accordance with the requirements of the Municipality.
Without limiting the obligations of the Developer herein, if the Developer shall default
on the performance of any term, covenant or provision of this Agreement and if such
default shall continue for ten (10) days after the Developer receives written notice of
such default by the Municipality (or such shorter time as may be required in the cases
of an emergency or other urgent matters or as otherwise provided for herein), the
Municipality may perform that obligation on the Developer's behalf and may enter onto
the lands constituting the Plan for this purpose. If the Municipality is compelled or
elects to incur any expense in connection with its performance of the Developer's
obligations (including any engineering or legal fees incurred in connection with such
actions), any reasonable costs so incurred by the Municipality, together with all interest
thereon and any damages incurred, shall be payable by the Developer and shall be
collectible by the Municipality in like manner as municipal taxes. The Developer also
acknowledges and agrees that the Municipality has the right to draw down any Letters
of Credit, cash or other security for the purpose of collecting any such expenses
incurred by the Municipality.
Scheduling of Works
Prior to the start of construction, the Developer shall supply for the approval of the
Municipality's Engineer a Schedule of Works setting out the order in which he
considers the various sections of the works within the Plan will be built. The
Municipality's Engineer may amend this schedule and the Developer must construct,
install or perform the work as the Municipality's Engineer from time to time may
direct.
3.9 Contractor
3.10
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The said services shall be installed by a contractor or contractors retained by the
Developer and approved in writing by the Municipality's Engineer.
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.
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3.11
3.12
3.13
3.14
3.15
3.16
3.17
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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.
Movement of Fill
The Developer covenants and agrees that it shall not dump nor permit to be dumped
any fill or debris on, nor shall it remove or permit to be removed any fill, topsoil, trees
or shrubs from any public lands, other than roads, without the written consent of the
Municipality's Engineer. The Developer further agrees that no topsoil shall be
removed from the lots and/or blocks except for construction purposes within the
development and then such topsoil shall be stockpiled during grading operations and as
each building is completed, the topsoil so stockpiled shall be replaced on the ground
around each building to comply with the Municipal standards, and the replacing of such
topsoil shall include all surfaces not covered by buildings, driveways or pavement
within the development. Excess topsoil may be removed from the site with the
approval of the Municipality's Public Works Manager.
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.
Deleted
Testing
The Municipality's Engineer may have any qualitative or quantitative tests made of any
materials which have been or are proposed to be used in the construction of any of the
works required by this Agreement, or may require additional television camera or soil
tests to be carried out, and the cost of such tests shall be paid by the Developer within
ten days of the account being rendered by the Municipality. Nothing herein shall
relieve the Developer of its responsibility to carry out any tests required by good
engineering practice.
Erosion and Silting Control
The Developer must take all necessary precautions to prevent erosion and
sedimentation of sewers, ditches, culverts, slopes, etc., both within the Development
and downstream during construction and completion of servicing. Failing adequate
precautions being taken, the Developer will be responsible for correcting any damages
and paying all maintenance costs resulting therefrom.
Emergency Access
The Developer shall at all times during construction and development of the Works
maintain emergency access to the land to the satisfaction of the Municipality's
Engineer.
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3.18
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3.19
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Construction Refuse and Weeds
The Developer, and each subsequent Owner of Lots or Blocks within the Plan, shall
regularly dispose of all construction refuse, debris or weeds whether it be from site
servicing or house building or any other source related to the development of the site, in
an orderly and sanitary fashion. If the Developer or subsequent Owner of the Lots or
Blocks within the Plan fails to remove and dispose of construction refuse, debris or
weeds to the satisfaction of the Municipality's By-law Officer, the Municipality may
give written notice to the Developer or lot Owner. If the Developer or each subsequent
Owner of Lots or Blocks within the Plan fails to dispose of the refuse, debris or weeds
within forty-eight (48) hours after receiving a written request from the Municipality to
do so, the Municipality may, without further notice, undertake such removal and
disposition and the cost thereof shall be paid by the Developer or each subsequent
Owner of the Lots or Blocks within the Plan forthwith upon demand, which costs shall
include all expenses incurred by the Municipality in carrying out such removal and
disposition. The burning of construction refuse, debris or weeds, whether it be from
site servicing or house building or any other source related to the development of the
site on any lands within the Plan is prohibited.
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 Municipal Street Numbers
(a) All Lot, Block or building numbers for use within the Plan shall be allocated by
the Chief Building Official (CBO).
(b) The Developer shall display by means of a legible sign at least I' x I' to be
erected on each Lot or Block within the Plan, the Lot or Block number as shown
on the Plan and the street number and Lot or Block number for each Lot or Block
prior to the issuance of a Building Permit for that Lot or Block which sign shall
remain until such time as the building on such Lot or Block is occupied in
accordance with the provisions of this Agreement.
(c) Each Owner shall cause the street number so provided to be placed and
maintained in a conspicuous position in the front of the property upon occupancy.
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3.22 Blasting
The Developer agrees that no blasting will be undertaken without the written consent of
the Municipal Engineer.
3.23
3.24
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Deleted
Contaminants
In the event the Developer discovers any waste, contaminants, pollutants, hazardous
substances or any other similar substances that may be detrimental to the environment
during the development of the lands constituting the Plan, the Developer hereby agrees
to notify the Municipality and the Ministry of the Environment immediately and take
all necessary steps and remedial efforts required by the Ministry of the Environment
and the Municipality to remove such waste, contaminants, pollutants, hazardous
substances or other substances that could be detrimental to the environment. In taking
such action, the Developer shall fulfill all legislative requirements for the remediation
and clean-up of lands constituting the Plan and shall comply with all legislative
requirements regulating the removal, transportation and disposal of such waste,
contaminants, pollutants, hazardous substances or any other similar substances from the
said lands.
9
. SECTION 4 -- ACCEPTANCE OF WORKS
4.1 Stages of Construction and Services
The Municipality will grant Preliminary or Final Acceptance of servicing based upon
two (2) 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 any modifications to storm
sewers and storm water management facilities, sanitary sewers or watermains;
the completion of the road works including granular, curbs and gutter, asphalt,
grading of boulevard areas, construction of all drainage swales and outlets;
completion of any conduits, piping and facilities for the modification of electrical
servicing, street lighting and other utilities; and construction of sidewalk and
appurtenances.
(c) Stage 2 - services including the topsoil and sodding, and any other requirements
ofthis agreement.
.
4.2
Inspection and Acceptance ofthe Works
When all of the services in any stage of servicing as identified above have been
completed and the Municipality's Engineer has been given written 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 final 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 if there are no
deficiencies, will recommend to the Municipality that the Certificate of Final
Acceptance be issued. This Certificate will be issued provided that the Developer has
paid all accounts to the Municipality and the Municipality is:
. Satisfied the applicable services have been completely installed;
. Satisfied all repairs or maintenance work on the applicable services have been
completed.
and the Municipality has:
. Approved the formal certification of final completion from the Developer's
Engineer certifying that all Works and services have been installed;
. Received as-built drawings as detailed elsewhere in this Agreement.
4.4 Acceptance During Winter Months
The Municipality will not be required to provide Certificates of Preliminary or Final
Acceptance during the winter months or any other time of year when inspection of the
Works and services is impractical due to snow cover or other adverse conditions.
.
4.5
Use of Works by Municipality
The Developer agrees that:
.
.
.
.
10
(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.
Such use shall not be deemed an acceptance of the Works by the Municipality.
Such use shall not in any way relieve the Developer of his obligations in
respect of the construction and maintenance of the Works so used.
(b)
(c)
4.6 Replacement of Survey Bars
Prior to the fmal acceptance by the Municipality, the Developer shall deliver to the
Chief Building Official (CBO) a statement from an Ontario Land Surveyor that after
the completion of the work, he has found, in satisfactory condition or replaced all
survey monuments and iron bars as shown on the registered plan.
4.7
Ownership of Services
Upon the issuance to the Developer of the Certificate of Final Acceptance, the
ownership of the services described shall vest in the Municipality and the Developer
shall have no claim or rights thereto except those occurring as an owner of the lands
abutting the streets where such services are installed.
SECTION 5 -- MAINTENANCE OF WORKS
5.1
Maintenance of Works
5.2
5.3
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 of the 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. If the
Developer fails to pay the Municipality within thirty (30) days of the date of billing
then the money owing may be deducted from the
deposited securities. Towards the end of the Maintenance Period, the Developer shall
make written request to the Municipality for a final inspection to be made in respect to
the issuance of the Certificate of Final Acceptance.
Deleted
Emergency Repairs
Employees or agents of the Municipality may enter onto the Land at any time or from
time to time for the purpose of making emergency repairs to any of the Works. Such
entry and repairing shall not be deemed an acceptance of any of the Works by the
Municipality or an assumption by the Municipality of any liability in connection
therewith or a release of the Developer from any of his obligations under this
Agreement.
SECTION 6 - DRAINAGE AND LANDSCAPE DESIGN
6.1
Drainage
All Lots and Blocks within the Plan and all lands abutting the Plan shall be graded to
drain in accordance with the Drainage Plan as approved by the Municipality's
Engineer. It is understood and agreed by the parties hereto that the drainage of surface
waters on the Lots and Blocks in the Plan, are the sole responsibility of the Developer
and subsequent purchasers, and they shall provide and maintain adequate drainage of
.
.
.
.
7.2
11
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 Maintenance of Lot Grading
All lot grading and drainage facilities and works required by Section 6 or elsewhere in
this agreement shall be provided and maintained by the Developer or subsequent owner
of each individual lot from time to time, in perpetuity at such party's sole risk and
expense.
Should, for any reason, the Developer or subsequent Owner fail to maintain that lot
grading, they acknowledge that the Municipality, in receiving certified lot grading
certificates as required in this agreement, absolves itself of any further interest or
responsibility for such lot grading save and except for those works on registered
easements.
SECTION 7 - LANDS TO BE CONVEYED
7.1
Lands for Municipal Purposes
The Developer shall convey in fee simple a good title free from encumbrances to the
Municipal lands for municipal purposes other than roads, which shall be mutually
agreed upon by the Owner and the Municipality, or to make a cash payment in lieu
thereof as stipulated by the Municipality and also to convey to the Municipality in fee
simple, the 0.3 metre reserves and other lands required by the Municipality. The deeds
for the said lands are to be approved by the Municipality's Solicitor and thereafter
forthwith registered and deposited with the CAO. The cost for preparation and
registration of the said deeds shall be paid by the Developer. A list oflands for
municipal purposes to be conveyed to the Municipality shall be set out in Schedule "H"
of this Agreement.
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" ofthis Agreement.
SECTION 8 - ADMINISTRATION
8.1 Voiding Agreement
8.2
In the event that the Plan is not registered within one year from the date of the signing
of this Agreement, the Municipality may at its option declare this Agreement to be null
and void. All costs incurred shall be deducted from the deposit paid by the Developer
to the Municipality pursuant to this Agreement or any other agreement between the
Developer and the Municipality referred to herein.
Developer's Expense
Every provision of this Agreement by which the Developer is obligated in any way
shall be deemed to include the words "at the expense of the Developer" and "as
approved or accepted by the Municipality", unless specifically stated otherwise.
.
.
.
.
8.6
12
8.3 Deleted
8.4 Developer's Liabilities
Until the Mnnicipality has issued the Certificate of Final Acceptance for the Works, the
Developer hereby indemnifies and saves harmless the Mnnicipality 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
Mnnicipality's Engineer and the form and content shall be subject to the approval of the
Mnnicipality. The minimum limits of such policies shall be $2,000,000 all inclusive,
but the Municipality shall have the right to set higher amonnts. The said insurance
policy shall include a provision that requires the insurance company to provide the
Municipality with thirty (30) days notice of termination of such policy. The policy
shall be in effect for the period of this Agreement including the period guaranteed
maintenance pursuant to Section 5 of this Agreement. The issuance of such a policy of
insurance shall not be construed as relieving the Developer from responsibility for other
or larger claims, if any, for which he may be held responsible.
Legal Notice to Developer
Any notice required to be given herennder may be given by registered mail addressed
to the Developer at his principal place of business and shall be effective as of the date
of the deposit hereof in the Post Office.
8.7 Registration
8.8
The Developer consents to the registration ofthis Agreement upon the title to the Land
both before and after registration of the Plan at the sole discretion of the Mnnicipality
and at the expense of the Developer.
Deleted
8.9 Requirements for Building Permits
The Developer agrees that it 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. The Municipality shall have the right to refuse any
such application until:
(a) This Agreement is signed and registered on title and the securities and insurance
requirements of this Agreement have been met.
(b) Payment to the Municipality the amonnt of the current applicable Development
Charge(s) per Lot or Block in the Plan nnder the Development Charges By-law of
the Mnnicipality, or The Water and Sewer Contribution to Capital Policy.
(c) The Developer agrees that the preceding requirements in this Section 8.9 are in
addition to and not in substitution of the requirements of the Ontario Building
Code Act as amended and regulations therennder with respect to the issuance of
Building Permits.
.
.
.
.
8.10
8.11
8.12
8.13
8.14
8.15
13
Requirements for Occupancy
No building erected on the Lots or Blocks within the Plan shall be occupied until a
Certificate of Inspection re: Readiness for Occupancy has been issued by the
Municipality's Chief Building Official and the said Certificate shall not be issued until:
(a) Preliminary Acceptance has been granted for Stage I servicing.
(b) Provision of documentation from the Ministry of Transportation of Ontario,
satisfactory to the Chief Buildiug Official of the Municipality of Kincardine
outlining approvals, and permits allowing the occupancy of the Development.
(c) The Developer agrees that the preceding requirements in this Section are in
addition to and not in substitution of the requirements of the Ontario Building
Code Act as amended and regulations thereunder with respect to certificates for
occupancy.
Deleted
Right to Enter into an Agreement
The Developer agrees not to call into question directly or indirectly in any proceedings
whatsoever in law or in equity any administrative tribunal, the right to the Municipality
to enter into this Agreement and to enforce each and every term, covenant and
condition herein contained and this Agreement may be pleaded as an estoppel against
the Developer in any such proceedings.
The Developer acknowledges that the Municipality is entering into this Agreement and
approving the Plan on the express representation of the Developer that it and its
successors and assigns shall observe and perform all the provisions of this Agreement
and that the Municipality is of the opinion that the Plan would not be in the public
interest ifthe 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.
Successors and Assigns
The covenants, agreement, conditions, and undertakings herein contained on the part of
the Developer shall run with the land and shall be binding upon it and upon its
successors and assigns as owners and occupiers of the said lands from time to time.
Notification to Purchaser
The Developer shall in every Agreement of Purchase and Sale or Offer to Purchase
pertaining to any Lot or Block within the Plan notify each purchaser of all of the
payments to be made by the purchaser to the Municipality pursuant to this Agreement
and all of the provisions of this Agreement which shall continue in force after the
completion of the sale. Further, the Developer shall furnish a list of those services
included in the purchase, specifying those installed and those to be installed at no
additional cost.
Scheduling, Progress and Completion
The Developer shall commence construction of services within four (4) months of the
signing of this Agreement. Within four (4) months of the date of commencement of the
servicing of any phase, the Developer shall complete the installation of the Stage I
services. Failure to adhere to the above schedule may result in the Municipality
completing the Works in accordance with Section 3.7 of this Agreement. 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
8.17
8.18
14
No Municipal Liability
This Agreement and the provisions herein do not give the Developer or any person
acquiring any interest in the land within the Plan (each hereinafter in this clause called
"such person"), any rights against the Municipality or the Municipality's Engineer with
respect to the failure of the any such person to perform any obligations under this
Agreement or the failure of the Municipality to force such person to perform any
obligations under this Agreement or any negligence of any such person in the
performance ofthe said obligations.
The only duty and responsibility of the Municipality's Engineer arising out of this
Agreement is to the Municipality and this Agreement. Any work or services done or
performed by the Municipality's Engineer under this Agreement do not in any way
create any liability on the part of the Municipality's Engineer to the Developer or any
person acquiring any interest in the land within the Plan.
Assignment
The Developer shall not assign this Agreement without the prior written consent of the
Municipality, which consent may not be unreasonably withheld.
Conflict
In the event of any contlict between or among the plans and specifications relating to
the construction of the Works, the Municipality's Engineer shall decide which
provisions shall prevail.
8.19 Severability
8.20
8.21
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 of this Agreement and the remainder of this Agreement shall
be and remain in full force and effect. .
Amendment
Without in any way limiting the rights of the Municipality, the Developer agrees that
the Municipality may, with the consent of the then registered owner of any land within
the Plan, amend this Agreement insofar as it specifically affects such land or any part
thereof.
Further Assurauces
The Developer agrees that it shall and will, on the request of the Municipality, make,
do, execute or cause to be made, done or executed all such further and other deeds, acts,
things and assurances to ensure the full implementation ofthis Agreement and to satisfy
the intention of the parties as set out in this Agreement.
8.22 Joint and Several
All terms, covenants, provisions and obligations 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.
.
9.2
.
.
9.3
.
15
The Developer agrees to pay for all arrears of taxes outstanding against the property
herein described before the approval of the said Plan is obtained. The Developer
further undertakes and agrees to pay all taxes levied on the said lands on the basis and
in accordance with assessment and collector's roll entries until such time as the lands
herein being developed have been assessed and entered on the Collector's Roll
according to the Registered Plan.
Before the Plan is approved the Developer agrees to commute and pay all charges made
with respect to the Drainage Act, the Local Improvement Act, and the Municipal Act,
including but not limited to charges or rates outstanding in respect of the Lands under
any sewer rate and/or water rate by-law which are assessed against the property on the
Plan. Before the Plan is approved the Developer agrees to commute and pay the
Municipality's share of any charges made under the said Drainage Act, the said Local
Improvement Act and the said Municipal Act presently servicing this property and
assessed against it.
Securities
Prior to registering this Agreement, the Developer shall deposit with the Municipality
to cover the faithful performance of the contract for the installation of the said services
and the payment of all obligations and contingencies arising thereunder the following
securities:
(a) Cash in the amount of One Hundred Percent (100%) of the estimated cost of the
said all works as set out in Schedule "E" and as approved by the Municipality's
Engineer and Municipal Council, or
(b) An irrevocable Letter of Credit from a chartered bank, issued in form and content
satisfactory to the Municipality's Solicitor, in the amount of One Hundred
Percent (100%) of the estimated cost of all works as set out in Schedule "E" and
as approved by the Municipality's Engineer or
(c) Some combination of cash and Letter of Credit, totaling 1 00% of the Schedule
"E" estimate.
(d) Prior to depositing the securities, the Developer's Engineer shall submit an
estimate of the cost of the Works to the Municipality's Engineer for approval.
When the cost estimate has been approved it will be set out in Schedule "E" of
this Agreement and will become the basis for the limits of these securities.
(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.
Reduction of Securities
An application for the reduction of the security on deposit with the Municipality
pursuant to Section 9.2 herein may be made no earlier than thirty (30) days after the
commencement of construction of the Works and every thirty (30) clear days thereafter.
16
.
(a) To obtain a reduction in security the Developer shall file with the Municipality's
Engineer a written application in accordance with Schedule "]" attached hereto.
(b) The application shall include written confirmation from the Developer's
Engineer:
. describing the Works constructed as at the date of the application and a
calculation of the cost thereof.
. confirming that the Works have been installed by the Developer with full
time supervision of the Developer's Engineer and in accordance with the
requirements of this Agreement and schedules hereto.
. describing the Works remaining to be completed as at the date ofthe
application and a calculation of the estimated cost thereof.
(c) The value of the reduction shall be determined by the Municipality's Engineer
who shall give a certificate to the CAO and the Developer confirming the amount
ofthe reduction of the security and the amount of the security remaining on
deposit with the Municipality.
.
(d) The value of the reduction shall be based upon the value of the Works remaining
to be completed by the Developer plus ten percent (10%) of the value of the
Works completed to the date ofthe application.
(e) Subject to any outstanding deficiencies or contingencies, the Municipality
throughout the maintenance period shall hold as security the greater of ten
percent (10%) of the estimate of the cost of the Works as set out in Schedule "E"
or twenty thousand dollars ($20,000.00).
9.4 Statutory Declaration of Accounts Paid
The Developer agrees that upon applying for a discharge of securities or for a
Certificate of Preliminary Acceptance for the services, he shall supply the Municipality
with a Statutory Declaration that all accounts for work and materials for said services
have been paid except normal guarantee holdbacks and that there are no claims for liens
or otherwise in connection with such work done or materials supplied for or on behalf
of the Developer in connection with the 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
of the Municipality's Solicitor will forthwith take such steps to immediately discharge
all Liens upon the services.
Notwithstanding anything to the contrary contained in this Agreement, the Developer
hereby agrees that the perfecting of any liens pursuant to the said Construction Lien
Act, with respect to the land described in Schedule "A" attached hereto, shall constitute
a default by the Developer of the terms of this Agreement and shall entitle the
Municipality to draw on any or all ofthe security referred to in Section 9.2 of this
Agreement and to utilize said draw to make payment into Court of the holdback
together with costs.
9.6
Release
.
Upon completion of all the requirements of this Agreement, the Municipality will
execute a release of this Agreement, which release shall be in the form attached hereto
as Schedule "K". The completion and registration of such release shall constitute a full
and final release of the obligations of the Developer.
.
.
.
.
17
Notwithstanding the foregoing, the CAO shall not be required to execute a partial
release until the various services have been completed in accordance with the terms of
this Agreement and the plans and specifications provided for herein.
SECTION 10 - SPECIAL PROVISIONS
10.1 The Developer and the Municipality agree that the provisions set forth in the attached
Schedule "M" form an integral part of this Agreement.
SECTION 11- SIGNATURES
THIS AGREEMENT shall be binding upon and inure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF the parties hereto have executed this Agreement.
SIGNED, SEALED AND DELIVERED this ~\ t'Y day of KCl'i A.D. 2008
~DHC;t~oP~
(
( Gord Harris, Secretary
( I have authority to bind the Corporation
(
(THE CORPORATION of THE MUNICIPALITY OF
~KINCARDINE~
(~(\~
( Mayor
~\_>5<~AAJI
- ief Administrative Officer
( We have authority to bind the Corporation
Developer's Address: DHC Developing Inc., 150 Lome Ave., Stratford, Ont. N5A 6S4
Developer's Telephone: 519-273-6148
.
.
.
.
18
SCHEDULE "A" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
DESCRIPTION OF LANDS BEING DEVELOPED
Part of Lot I, Concession I SDR, Parts 1,2 and 5, Plan 3R-8356; Municipality of the Town of
Kincardine, formerly the Township of Kincardine, County of Bruce
.
.
.
.
19
SCHEDULE "B" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
PLAN OF DEVELOPMENT
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20
SCHEDULE "C" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
MUNICIPAL SERVICING STANDARDS
1.0 GENERAL
Service Layout Plan
A copy of the General Plan shall be submitted to the Municipality identifying the
proposed locations of Bell Cables, electrical servicing, gas mains, co-axial television
cables as well as watermains, storm sewers and sanitary sewers. All locations must be
established and resolved by the Developer's Engineer in conjunction with the Utility
companies and following the locations shown on the Municipality's Typical Cross-
Section.
2.0
PLANS AND DRAWING REQUIREMENTS
Plan and profile drawings must be prepared in a digital format, which is compatible with
AutoCAD Release 14, and on velum or mylar, for all new streets within the Municipality.
These digitized files and drawings, and also digitized files and drawings showing details
of special structures, etc., shall be prepared by a Professional Engineer and turned over to
the Municipality as a permanent record prior to the acceptance of services required to be
provided by the developer.
The following standards shall be adhered to in preparation of these drawings:
(a) All profiles must be shown to the geodetic datum which is noted on each
drawings.
(b) In general, East -West streets shall have 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 of the proposed work. The plan shall show any
required off-street drainage and separate profiles shall be prepared for drainage
easements. All detail for intersecting streets including grades must be shown for
a distance of 50 metres from the intersection of the intersecting street. All street
lines, for drainage or services, shall be shown and all easements.
.
.
.
3.3
3.4
.
21
(h)
The Municipality 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 "As Recorded" and dated before turning over to the
Municipality. The Municipality shall be consulted as to the manner of showing
information not set out in these requirements. The Developer's Engineer shall
add his Professional Engineer's seal to all final drawings.
3.0
ROADS
3.1
General
All roadways shall be serviced by storm sewers and concrete curb and gutter. Road
allowances shall be a minimum of 20 metres wide. The edge of the roadway paved
surface shall have a minimum radius of 9 metres at intersection. Access roads not owned
by the Municipality, leading to the area of the development, shall be maintained to a
standard equal to the standards for roadways within the development. On all streets,
horizontal and vertical sight distances and vertical curves shall meet Ministry of
Transportation (M.T.O.) requirements.
Street allowances on cul-de-sacs are to have a minimum radius of20 metres. Edge of
pavement radius on cul-de-sacs are to be a minimum of 13 metres.
Minimum road asphalt width shall be 8.5 metres. The finished roadways shall have a
crossfall of 2% from the centerline 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.
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.
Grading
A 2 metre boulevard area behind the curbs shall be graded at a minimum of 2% towards
the curbs. The area from the edge of the road boulevard to the street line shall be graded
with a side slope not exceeding a slope of 3 metres horizontal to I metre vertical to meet
the original ground. All side sloped ditches and boulevards to the street line shall be
protected with nursery sod over a minimum depth of 100 mID of topsoiL
Road Construction
All road construction shall conform to applicable standards of the Ontario Provincial
Standard Specifications (OPSS) and the Ontario Provincial Standard Drawings (OPSD).
The granular roadbase shall consist of a bottom course of 300 mID minimum depth
consolidated Granular "B" full width across the roadway and a top course of 150 mID of
Granular "A" full width between concrete curbs. The granular materials shall be spread
in layers of 150 mID maximum compacted depths, and each layer shall be thoroughly
compacted. No granular base of surface material shall be placed until the grade on which
it is to be laid has been inspected and approved by the Municipal Engineer. During and
between construction seasons, the granular base shall be maintained suitable for vehicle
and pedestrian traffic, including dust control by calcium chloride and renewed if required
to the satisfaction of the Municipal Engineer.
Road subdrains shall be provided in accordance with OPSS 405.05. The subdrain shall
include filter wrap (non-woven type) Class I and F.O.S. Of 130 - 100.
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3.9
4.0
4.1
22
3.5
Roadway Surface Asphalt
As soon as the granular base has been completed, it shall be thoroughly compacted and
shaped and the base course of asphalt placed. The base course shall consist of 50 mm
minimum thickness of HL-4 Base Course Asphalt. The surface coat of asphalt may be
placed upon the approval of the Municipal Engineer which shall not be given for at least
one year from the date of placement of the base course of asphalt or until 50 percent of
the houses have been constructed. The surface course asphalt shall consist of 40 mm
minimum thickness of HL-3 Surface Course Asphalt. Asphalt work shall 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. Terminations 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 of the curb to the face of the sidewalk or where
there is no sidewalk, to the limit of the property line. This driveway apron should be hard
surfaced with either 50 mm of asphalt pavement or a minimum of 100 mm of concrete
pavement over the granular base, consisting of a minimum of 100 mm of granular "A"
and 200 mm of granular "B". Alternatives to these surfaces may be considered subject to
the approval of the Municipality.
Turning Circles
Where construction is phased, the Municipality may require the installation of temporary
turning circles. These turning circles will be constructed in accordance with the
requirements for cul-de-sacs in Section 3.1 of this Schedule. Elsewhere in the Agreement
are provisions for conveyance of blocks for the construction of said circles.
STORM DRAINAGE/STORMWATER MANAGEMENT
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 ofthe 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
4.5
23
Stormwater Management Report
A Stormwater Management Report setting out the existing and proposed drainage pattern
together with a Lot Grading Plan and an Erosion and Sediment Control Plan shall be
submitted to and approved by the Municipal Engineer, the local Conservation Authority
and the Ministry of the Environment.
The stormwater management requirements within the Municipality shall be those of the
local Conservation Authority or as listed below. The general requirements are as follows:
. Quality and quantity control- as dictated by the local Conservation Authority and
MOE requirements in accordance with the MOE "Stormwater Management Practices
Planning and Design Manual" or the most recent version thereof. Quantity control
shall restrict post-development runoff flows to pre-development flows between the 5
and I 00 year events.
. The design storm for the minor systems shall be the 5 year storm for local storm
sewers and the I 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 of the
Environment.
4.4
Desigu Criteria
The stormwater management system shall be designed by using MIDUSS version 4.72.1
or an alternate approved hydrologic model. The Developer's Engineer shall consult the
Conservation Authority as to the appropriate storm distribution and duration to be used.
The Developer's Engineer shall advise the Municipal engineer in writing as to the
Authority's requirements. The minor system (storm sewer) shall be designed to convey
the 5 year design storm, while the major system shall be designed to convey the 100 year
design storm. Post-development runoff flows shall be controlled to pre-development
levels for rainfall events with return periods between 5 and 100 years. The design of the
stormwater management system shall be in accordance with the newest version of the
"Stormwater Management Practices, Planning and Design Manual", as prepared by the
Ministry of the Environment.
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 C 14 ES or reinforced concrete pipe of the class required for the
depth of cover. The minimum size, including catch basin leads, shall be 300 mm. The
Municipality may require a larger storm sewer size on parts of the Development than
required for the Development alone.
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5.0
5.1
5.2
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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 of the sewer and at all
street intersections, but no further apart than 120 m. Manholes shall be 1200 mm
diameter or larger, conforming to OPSD Series 700. Benching shall be provided in all
manholes. Catch basin manholes shall contain a sump or minimum depth of 300 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 conforming to OPSD 705.01. For greater depths, catch basins-
manholes shall be used conforming to OPSD 701.03.
4.9 Private Drain Connections
Private drain connections to the storm sewers shall be provided for each residential unit.
A 100 mm diameter connection suitable for receiving pumped sump flow from footing
drains will be placed at a depth of 1.4 metres at the property line on each lot.
SANITARY SEWERS
i\pprovalofPlans
Plans of the entire system shall be submitted to the Ministry of the Environment and the
Municipal Engineer for approval. This submission shall consist of an overall plan, a plan
and profile of each main sewer drawn to the same scale as the roads, together with typical
details of house service connections, pipe bedding, manhole covers, all special bends and
connections and other appurtenances. i\pproval for construction will not be given until
the Certificate of i\pproval for both sewers and sewage treatment facilities has been
received from the Ministry of the Environment.
Location
The main sewers shall be located along the centre of the street allowance. House
connections shall terminate at the property line at the centre of each lot.
5.3 Material
5.4
Main sewers shall be P.V.C. or approved alternate. House connections shall be P.V.C. or
approved alternate. All joints shall be of the rubber gasket type as approved by the
Municipal Engineer. Approved caps shall be provided for service lateral terminations.
Size
The minimum size for main sewers shall be 200 mm diameter. House connections shall
be a minimum of 125 mm in diameter. For multiple dwelling, industrial or commercial
buildings, the service connections shall be sized to accommodate the flow.
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5.5
Sanitary Sewer Construction
Sewer construction and pipe bedding shall conform to the requirements of OPSS 410 for
sewer construction. A minimum 2.0 metre depth of cover shall be provided over all
sanitary sewers and service laterals.
5.6 House Connections
Plan locations and invert elevations, for all house connections at the street line, shall be
shown on the drawings. Minimum fall on house connections shall be 2%; maximum 8%.
Where the depth of sewer is excessive, a riser may be used over the main sewers. Shop
manufactured "Tee" connections shall be used for house connections to the main sewer.
A cap of approved manufacture shall be installed on each service lateral termination at
the street line and made watertight. The ends of all services shall be marked by a 50 mm
x 100 mm wood post extending from the service to 300 mm above the surface of the
ground and the top section painted fluorescent green. Connections to manholes shall
enter the manhole no higher than 0.5 m above the lowest invert, except as otherwise
approved by the Municipal Engineer.
5.7
Manholes
Concrete manholes shall be provided at all changes in direction of the sewer and at all
street intersections, but no further apart than 120 m. Manholes shall be 1200 mm dia.
Conforming to OPSD 701.010. 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 of this section shall be repaired and retested.
5.9 Completion and Acceptance
The complete sewage collection system installation must be approved by the Municipal
Engineer prior to the issuance of building permits for the Development.
6.0
W ATERMAINS
6.1 Approval of Plans
Plans of the entire system shall be submitted to the Ministry of the Environment and the
Municipal Engineer for approval. This submission shall consist of an overall plan, a plan
and profile of each watermain drawn to the same scale as the roads, together with typical
details of house service connections, pipe bedding and other appurtenances. Approval for
construction will not be given until the Certificate of Approval for the watermain system
has been received from the Ministry of the Environment.
6.2 Locations
Watermain: The watermain shall typically be installed within the boulevard of the
street, in accordance with the Municipality's Typical Cross-Section.
Service Lines: In general, house services shall not be installed in driveways. Where the
driveway location is unknown at the time ofwatermain construction
,
service connections shall terminate at the property line at the centre of
each lot.
Main Valves: Tobe located at the extension of property line, where the valve is being
installed at intersections.
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26
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 II 0 and the
rubber-gasket joints for ductile iron fittings shall be in accordance with
A WW A Clll, 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 of the upper barrel shall
be 100 mm above finished grade
. Bury depth 1.7 m.
Dry-barrel fire hydrants shall be in accordance with A WW A C502.
Min. 19 mm, Max. 50 mm
. Corporation stops - Mueller, C.c. thread inlet! compression joint
outlet.
. Curb Stop - Mueller, compression joint inlet! compression joint outlet
or approved equivalent.
. Pipe - to be 19 mm Type "K" copper tubing.
. Service Boxes - Model No. D-I 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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6.7
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Underground service line valves and fittings shall be in accordance with
AWWAC800.
Model numbers shall be stamped on all valves and materials.
Anodes: 5.5 kg; zinc casting with a galvanized steel core, packaged in a cardboard
or cloth bag of minimum diameter of 100 mm. Gypsum/bentonite backfill
material (electrical resistivity <50 ohm em wet). Insulated copper wire
brazed to core wire.
Tracer Wire: All PVC watermain to be provided with a No. 10/7 strand copper cable
having TWH insulation.
6.5
Watermain Construction
All watermain and appurtenances to be installed, bedded and backfilled in accordance
with current Ontario Provincial Standard Specifications and to the satisfaction of the
Municipality.
Minimum 1.7 metre depth of cover over all mains and services.
Main valves and hydrant sets shall, generally, be located at a maximum spacing of 200
metres and 120 metres, respectively.
At main intersections, a main valve shall be provided at each direction from the
intersection, less one.
Zinc anodes to be supplied and installed on services.
6.6
Flushing, Testing and Disinfection
All watermain shall be tested, flushed, swabbed and disinfected. Such procedures shall
be in accordance with OPSS 70 I for pressure testing and A WW A C651-99 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 of the testing and disinfecting
shall require the Developer to reflush, retest and/or redisinfect the watermain until the
watermain has met the requirements of the Ontario Provincial Standard Specifications
and the MOE, to the satisfaction of the Municipality.
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 on one side of each street within the
development. Sidewalks shall have a minimum depth of 125 mm and shall be bedded in
granular in accordance with the current OPS standard details.
8.0 UTILITIES AND STREET LIGHTING
8.1
Telephone
Telephone service shall be underground and shall be installed by B.M.T.S. or Hurontel.
The Developer must bear the cost of any surcharges for underground installation made by
the Utility and must grant the Utility any easements for their services.
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8.2
Electrical
Underground electrical installation shall be completed to the satisfaction of the local
power supplier based on their most current specification.
8.3 Cable T.V.
Developers shall arrange to have Cable T.V. installation completed by the local supplier.
8.4
Street Lighting
The minimum standard for street lighting shall be 100 watt High Pressure Sodium Lamps
set on 9 metre poles, or as directed by the Municipality. Each light must be controlled by
a dusk to dawn photo-electric cell. Power feed shall be completely underground. The
lights shall generally be placed to the outside of curved roads. The maximum allowable
spacing along the street between the lights shall be 50 metres but may be increased, at the
Municipality's direction, to a maximum of75 metres (in special instances). The poles
must be installed at the location as shown on the Municipality's Typical Cross-Section.
Particular care shall be taken to adequately illuminate the intersections and cul-de-sacs.
9.0
9.1
LOT GRADING
House Lot Grading
Generally, all lots shall be excavated or filled so that the whole ofthe lot area from the
street line to a line at least 3 metres beyond the rear of the building shall have an
elevation not less than 0.5 metres or more than 2 metres higher than the finished crown of
the road opposite the centre of the lot. In situations where the slope of the land justifies
different requirements, the Municipal Engineer may permit variations of the above. A
plan showing proposed lot grades and house floor levels shall be submitted to the
Municipal Engineer for his approval, and the Engineer retains the right to amend any of
the grades proposed if the Engineer considers a particular situation so warrants.
10.0
LANDSCAPING
Boulevards along each street shall be topped with a minimum of 100 mID of topsoil.
Seeding shall be completed in all boulevard areas.
A tree shall be planted in the boulevard in front of each lot within I year of the date of
completion of the Stage 2 services. Trees shall be 60-70 mID diameter measured 500 mID
above the ground. All trees shall be No. I nursery stock. The type of trees shall be
approved by the Municipality. These shall be staked to Municipal specifications. Trees
shall be watered at the time of planting and every two weeks thereafter and the Developer
shall warrant trees for a period of one year from the date of planting. Planting shall be
limited to the spring and fall seasons.
11.0 EROSION CONTROL
During construction the Developer shall ensure that surface runoff from the lots and
blocks as well as the roadways is protected from erosion by the use of silt fences, straw
bales and other measures designed to minimize such erosion. Temporary outlets at
culverts or catch basins shall be checked to prevent silts from entering into storm sewers
or water courses. Such erosion control measures shall be shown on the drawings for
approval by the Municipal Engineer and the Conservation Authority.
12.0 WALKWAY
All walkways shown on the plan of Development shall be constructed by the Developer.
Walkways shall be constructed ofa 150 mID minimum depth of Granular "A" on a
29
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properly constructed foundation and shall be paved with a concrete sidewalk to a
minimum width of 1.5 metres and a minimum depth of 125 mm.
A standard 1.5 m high chain link fence shall be placed along both sides of the right-of-
way with posts placed at each end to prevent vehicular traffic from using the walkway.
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30
SCHEDULE "D" OF AGREEMENT
.
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
CHECKLIST OF WORKS TO BE CONSTRUCTED
1. Improvements to Durham Street to the satisfaction of Municipality and MTO
requirements
X
2. Modifications to Storm Water Management Plan and storm sewer system X
3. Any modifications to sanitary sewers X
4. Any modifications to water distribution system X
. 5. Sidewalks X
6. Topsoil and sod on boulevard from property line to curb X
Note: Works Required Denoted by - X
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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. Road improvement on Durham Street including the obliteration and
painting oflimits of the west bound left turn land in accordance
with the traffic study and the MTO review to the satisfaction of
the Municipality
2. Construction of sidewalk access at corner ofHwy. 9 and 21
3. Total security required
$5,000.00
$12,000
$17,000
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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 TO THE MUNICIPALITY
An easement, of width and location to the satisfaction ofthe municipality shall be
provided on the route of the drainage ditch in the northwesterly corner of the site.
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33
SCHEDULE "J" OF AGREEMENT
Note:
It is understood and agreed that this Schedule forms part of the Municipality's Agreement.
APPLICATION FOR REDUCTION OF SECURITY
To:
(Name of Municipality's Engineer), Engineer, Municipality of Kincardine
Developer:
(Name of Developer)
Agreement:
(Date of Agreement)
Property:
(Legal Description of Property)
Application No.
(Specify number of application)
The undersigned, (Name of Developer's Engineer) being the Developer's Engineer, hereby
confirms that the Works constructed as at the date of this Application have been installed by the
Developer under the full time supervision of the Developer's Engineer and in accordance with
the requirements of the Agreement between the Developer and the Municipality.
The Works installed to the date hereof and the calculation of the cost thereof are detailed in the
schedule attached hereto.
Further, the undersigned Developer's Engineer hereby confirms that the Works remaining to be
constructed as at the date of this Application and the calculation of the estimated cost thereof are
also detailed in the schedule attached hereto.
This Application is given and delivered to the Municipality's Engineer with full knowledge that
the Municipality's Engineer and the Municipality will rely upon the information contained herein
in granting a reduction of the security held by the Municipality pursuant to Section 9.2 of the
said Agreement affecting the above property.
DATED at
, Ontario this
day of
,200
Signature of Developer's Engineer
Name of Developer's Engineer
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34
SCHEDULE "K" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
FORM OF RELEASE:
RELEASE
IN FAVOUR OF:
Herein called the "Owner"
WHEREAS the Owner entered into certain obligations in favour of the Corporation of the
Municipality of Kincardine under an Agreement registered against the lands hereinafter
described as Instrument No.
AND WHEREAS the Owner has satisfied and fulfilled all of those obligations.
NOW THEREFORE the Corporation of the Municipality of Kincardine releases the Owner from
the obligations contained in the said Agreement, and certifies that all other provisions of that
Agreement, as amended, are no longer binding with respect to the said lands. The lands released
hereby are:
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being
in the Municipality of Kincardine ( ), County of Bruce and being composed of Lot
_ Registered Plan _, the Municipality of Kincardine has, by Bylaw
registered in the said registry office as Instrument No. , provided that this Partial
Release shall be executed by the CAO and sealed with its seal.
DATED this
day of
,20_
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35
SCHEDULE "M" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
SPECIAL PROVISIONS
1. Sidewalk/Pedestrian Access
The Municipality wishes to have constructed pedestrian access from the corner of Highways 9
and 21 to the development on the site.
The Developer agrees to construct concrete sidewalk of a width of 1.8 m in a location to
approved by the MTO and the Municipality from the intersection, adjacent to the transformer
station, and onto the developed site. This construction shall include the construction of a
crossing of the drainage ditch proposed along the northerly side of the development. It is
acknowledged that the existing site plan shows the sidewalk along Highway 21. The sidewalk
shall be constructed along Highway 9 in a location to be approved by the MTO and the
municipality and that portion of the site plan shall be amended to the satisfaction of the MTO
and the municipality.
2. Road Improvements
As part of the requirements for the MTO the Developer has completed an approved traffic study.
That study has identified the need to extend the westbound left turn storage lane on Durham
Street. The Developer agrees that he will design and construct this and any road improvement
required, along with any modifications required to municipally owned or other utilities.
3. Final Approvals
The Developer warrants that he will not commence construction of any structure on his lands
prior to the registration of this Agreement and receipt of all approvals/permits as may be
necessary from the municipality and other agencies.
The Developer further warrants that he will not occupy or allow to be occupied by others any
structure constructed on his lands prior to the completion of construction of the paragraph 2
Road Improvements and the acceptance of same by the municipality.