HomeMy WebLinkAboutKIN 91 015 Subdivision Agree
THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1991- 15
A BY-LAW TO AU'rHORIZE THR EXECUTION OF A SUBDIVISION AGREEMENT
WITH LURGAN HOWINGS LIMITED FOR LYNDEN ESTATES.
WHEREAS the Council for The Corporation of the Town of
Kincardine deems it expedient to enter into a subdivision
agreement with Lurgan Holdings Limited, for the development of
a subdivision to be called Lynden Estates.
NOW THRREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1. The mayor and clerk are hereby authorized to execute, on
behalf of The Corporation of the Town of Kincardine, the
attached Subdivision Agreement with Lurgan Holdings
Limited, concerning the property described as Park Lots
13, 14 and 15, East Side of Park Street and Park of Lot
16, East Side of Park Street and Part of Lot 1, North of
Kincardine Avenue, Townplot of penetangore in the Town of
Kincardine in the County of Bruce and being more
particularly described as Part 1 on Reference Plan
3R-4822.
2. The clerk is hereby authorized to register this agreement
against the subject property.
3. This by-law shall come into full force and effect upon
upon its final passage.
4.
This by-law may be cited as the
Subdivision Agreement By-law".
"Lynden Estates
READ a FIRST and SECOND time this
7th day of February, 1991.
J Jr?ÆAJ ¡) /1I;h~
Mayor
~
Deputy-Clerk
READ a THIRD time and FINALLY PASSED this 21st day of February,
1991.
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Mayor
Deputy-Clerk
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Document General
Fo...4 - lMd R'",-J.II_ft Reform Act. 1984
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11286
(1) RegIoIry,
(3) r.::=cS)
Lond '-"'ßI (2) Page 1 01 2 8 pages
Block Property
Additional:
~Ule 0
NUmber
CERtIFIC\T~ OF RECE1Pr -
"91 FFP 22 ~'" '(.6
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BRUce Aut&- D
No,3 ~
WALKERTON ' I.aI\d ~_
(4) Nature 01 Document NOTICE OF
SUBDIVISION ',AGREEMENT
Dollars $
D~ Parcel13-1 Section Ea~t a ~e~
Park Lots 13, 14 and 15, East s1de of Park
Streets and part of Park Lot 16, East side of
Park Street and part of Park Lot 1, North of
Kincardine Avenue, Townplot of penetangore,
Town of Kincardine, County of Bruce, being more
particularly described as Part 1, Reference
Plan 3R-4822.
Addh_
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AddI_
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(7) T....
Document
Conlllnl:
(a) R_riplion
New Easement
P1anISketch
i (b) Schedule lor:
I
D! Description 0
Additional
Parties 0 Other E9
(8) ThIs Documetll __.._:
See· Schedule attached.
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The.. Corporation of the Township of Kincardine hereby applies for the entry
of û Notice of Subdivision Agreement in respect of the said lands.
Subdivision Agreement between the Subdivider and the municipality attached.
Continued on Schedule 0
(81 '""" _ relaloa to Inñument numborla)
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(10) Pe,t!Y(ieo) (Set out Statui or 1_)
Nàniè(s) Slgnaturø(s) Dete 01 Signature
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THÊ-CORPORATION OF THE TOWN OF KINCARINE' I i j
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(11)~ 707 Queen Street, Kincardine, Ontario
(12) Perty(ieo) (Set out Statui or Inl_)
Name(s)
Slgnature(s)
Date 01 Signature
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Lowry, R. R. 1, Kincardine, Ontario N2Z 2X3
(14) Munlcipat _ 01 P-'Y
Not assigned.
(15) Document Prepared by:
GRAHAM E. MAHOOD
Barrister & Solicitor
313 Lambton Street, Box
Kincardine, Ontario N2Z
Fees and Tax
Reglstretlon Fee
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Neweome and Gilbert. Limited
Form LF1333 (1/85)
April. 1985
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TIlE CORPORATION OF TIlE TOWN OF KINCARDINE
SUBDIVISION AGREEMENT
THIS AGREEMENT made in quadruplicate this 21st day of February,
1991.
BB'l'WEEN
LURGAN HOLDINGS LIMITED
hereinafter called the "owner",
of the First Part
- and -
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town",
of the Second Part
- and -
THE KINCARDINE PUBLIC UTILITIES COMMISSION
hereinafter called the "PUC",
of the Third Part
WHEREAS the owner is the owner in fee simple of the lands
described in Schedule "A" attached hereto;
AND WHEREAS the owner of the lands described in Schedule "A"
attached wishes to develop a subdivision to be called Lynden
Estates;
AND WHEREAS
develop this
agreement and
the Town is prepared
subdivision provided
meet its obligations;
to permit the owners to
that they execute this
AND WHEREAS the owner represents that there are no mortgages on
the Lands;
NOW THEREFORE THIS AGREEMENT witnesseth that in consideration
of other good and valuable consideration and the sum of TWO
DOLLARS ($2.00) of lawful money of Canada, now paid by each of
the parties hereto, (the receipt whereof is hereby
acknowledged) the parties hereto covenant, promise and agree
with each other as follows:
1.0
ORDER OF PROCEDURE
Upon application to the Town of the preparation of an
agreement, the owner shall:
a) pay a deposit of $2,000 to cover the initial costs
of the Town; and,
b) submit a general plan outlining the services to be
installed.
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Subdivision Agreement
1.2 Prior to signing this Agreement, the owner shall:
a) deposit with the Town securities and insurance as
outlined in this Agreement,
b) Pay in full all outstanding taxes and
improvement charges; and,
local
c) Mutually agree with the Town concerning
parcel (s) of land to be deeded to the Town
parkland or the amount of cash to be given to the
in lieu of parkland.
1.3 prior to starting construction on the services in the
Plan, the owner shall:
the
for
Town
a) Have obtained final approval of the Plan from the
Ministry of ,Municipal Affairs and have had the Plan
registered,
b) Deposit executed deeds ,to the Town, free and clear
of all encubrances, for any land to be conveyed to the
Town (such deeds to be deposited with the Town prior
to the clerk's clearance letter to the Ministry of
Municipal Affairs),
c) Have submitted and obtained the Town Engineer's
approval of the following, all to be done in
accordance with. the Town's approved engineering
standards:
- Drainage Plan
- Lot Grading Plan
- Service layout for hydro, telephone, etc.
- Road, sewer and watermain plans and profiles
the Ministry of
of approval for the
system and the
the
water
sewage
d) Submit to the Town,
Environment's certificate
supply and distribution
collection system; and,
e) Provide written confirmation of having obtained the
approval for drainage, road crossings, encroachment,
etc. of all authorities including the County of
Bruce, the Saugeen Valley Conservation Authority, the
Ministry of Transportation of Ontario and any other
authority involved.
1.4
Prior to the sale of any lot and/or prior to
issuance of building permits the owner shall
complied with all the requirements of sections
3.15, 6.1(a), 8.2 and 9.1 of this Agreement.
Prior to any person occupying any building within
subdivision, the owner shall have complied with
the requirements of Section 9.1 of this Agreement.
the
all
the
have
3.3,
1.5
2.0
LIST OF SCHEDULES ATTACHED
The following schedules are attached to and form part
of this Agreement:
Schedule nAn: Description of Lands to Which This
Agreement Applies, (herein called "the Lands").
Schedule nBn:
"the Plan").
Schedule nc·:
Plan of Subdivision, (herein called
Works to be Constructed.
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Subdivision Agreement
Schedule BDB~ Engineering
specifications:~
Schedule, BE-: construction Schedule:
Completion of Works.
Design
Criteria and
Time Limits for
imposed by the
Schedule RpR: Additional Obligations
Town respecting this development.
Schedule BGB: Basements required to be granted to the
Town and the PUC.
3.0 INSTALLATION OF SERVICES
3.1 General
The owner shall design, construct and install at his own
expense and in good workmanlike manner to the standards of the
TOwn, and the PUC, all municipal services designated in Schedule
"e" to the standards outlined in Schedule liD".
3.2 Leaal Plannina and Enaineeri~a Costs
The owner agrees to pay to the Town the cost of the Town's
solicitor and planner for all costs involved in processing and
monitoring the Agreement and the Town's engineers for reviewing
of plans and specifications and for supervision and inspection
on behalf of the Town and in this regard shall deposit with the
Town the sum of Two Thousand Dollars ($2,000.00) upon applying
for the preparation of a subdivision agreement. The owner will
be billed regularly for any costs incurred by the Town for legal
fees, planning and engineering fees and the owner shall
reimburse the Town for all such costs within 30 days of each
billing. The Two Thousand Dollar ($2,000.00) deposit shall be
retained by the Town as a float against any unpaid bills and any
such deposit (or balance thereof) shall be returned to the owner
at the expiration of the maintenance period.
3.3 utilities
The owner shall enter into such agreements as may be
necessary with the Bruce Municipal Telephone System, for
installation or payment for telephone services and necessary
appurtenances to service the lands and such other matters as the
authority properly requires. The Town shall not be obligated to
issue any building permits until provided with confirmation by
the authority that the agreements provided for by this clause
have been entered into or other satisfactory arrangements have
been made.
The owner shall enter into such agreements as may be
necessary with Kincardine Cable T.V. Ltd., for installation or
payment for cable t.v. services and necessary appurtenances to
service the lands and such other matters as the service properly
requires. The Town shall not be obligated to issue any building
permits until provided with confirmation by Kincardine Cable
T.V. Ltd. that the agreements provided by this clause have
been entered into or other satisfactory arrangements have been
made.
3.4 Consultina Enaineer
The owner shall employ a registered Professional Engineer
(hereinafter called the owner's Engineer) to assume
responsibility for the design, general supervision and resident
supervision of the installation and construction of the
municipal services required by this Agreement. Upon completion
of the installation of such services, the owner's Engineer shall
provide, on a form acceptable to the Town, a Certificate of
Completion stating that municipal services have been installed
in conformance to the plans reviewed by the Town Engineer and in
conformance to any certificates of approval from the Ministry of
the Environment. . . . /4
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Subdivision Agreement
3.5 COntractors
The OWner· shall submit to the registered Professional
Engineer appointed by the Town (hereinafter called the' Town
Engineer) a list of all the contractors and sub-contractors to
be engaged in the installation of the municipal services and no
contract for such works shall be let by the OWner unless he has
obtained written approval of the Town Engineer for the
contractors and sub-contractors.
3.6 Works to be Installed
The Works to be installed are set out in Schedule "C" of
this Agreement. This schedule is to set out the works in
general terms only and shall not be construed as covering all
i terns in detail. If at any time and from time to time during
the development of the Lands, the Town Engineer is of the
opinion that additional works are necessary to provide
adequately any of the public services required by the Plan, the
owner shall, at his expense construct, install or perform such
additional works at the request 0t the Town Engineer.
3.7 ~lans and SDecif~cations
(a) . Plans of ProDOsed Services
The owner shall submit to the Town Engineer three sets of
plans, profiles, detail drawings, specifications and, if
required, calculations for the installation of all the required
municipal services. Such submission shall be in compliance with
the standards and specifications of the Town.
(b) Gradina Plan
Before commencing any grading or construction, the Owner
shall prepare and submit to the Town Engineer three sets of an
overall grading plan. This plan shall specifically show
existing and proposed grades for all lot corners, block corners,
centre lines of roads and the centre of the minimum building
set-back line on each lot. It shall also indicate existing
ditches, natural watercourses and filled land.
(c) Drainaae ReDOrt
Before commencing any grading or construction, the OWner
shall prepare a drainage report, acceptable to the Town
Engineer, the Ministry of the Environment and the Saugeen valley
Conservation Authority, that will describe how stormwater will
be conducted through and from the site and how erosion and
siltation and their effects will be contained and minimized in
the site both during and after construction.
(d) Review and ADDroval
The Town Engineer shall:
(i) review the submissions with reasonable dispatch,
corrections
(ii) communicate to the owner any
requisite for such compliance, and
(iii) subject to any requisite corrections, endorse
his approval on the three sets of plans and
specifications, retain one set for inspection
purposes, return the other set to the OWner and submit
one set to the Town's manager of public works.
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(e) ADDrovals
The owner shall obtain th~ approval of the Saugeen
Valley conservation Authority,' the Ministry of the
Environment and any government authority which is required in
respect to the installation of any municipal services
contemplated by this Agreement prior to the approval by the
Town Engineer and the commencement of construction. Further,
the owner agrees to carry out,. or cause to be carried out the
works recommended in the drainage report to the satisfaction
of the Town Engineer and the·Saugeen Valley Conservation
Authority.
(f) As-Constructed Drawinas
When the municipal services are completed and prior to
acceptance of said services, the owner shall provide the Town
with one mylar copy of as-constructed drawings thereof which
shall detail such matters as roads, water, sewers and other
utilities. Individual service connections shall be outlined
on a separate plan for each service.
3.8 Schedule of Works
The
completion
"E" to this
proceed with the construction and
in the sequence set out in Schedule
owner shall
of the works
Agreement.
3.9 Commencement of Construction
The owner shall not commence construction of any of
the municipal services required by this Agreement without the
approval of the Town Engineer and the Town Engineer must be
given 48 hours written notice of the Owner's intention to
commence construction. Work interrupted longer than 14 days
shall not be resumed except after similar notification.
3.10 provision if Work Not Satisfactorv
In the event the owner fails to install the municipal
services covered by this Agreement or fails to proceed
expeditiously or fails to install the municipal services in
accordance with the specifications and requirements of this
Agreement, then, upon the Town Engineer giving seven (7) days
written notice by prepaid registered mail to the owner, the
Town through its employees, agents or contractors may,
without further notice , enter upon the lands and proceed to
supply all materials and to do all the necessary inspection
and works in connection with the installation of the
municipal services, including the repair or reconstruction of
faulty work and the replacement of materials which are not in
accordance with plans or specifications and to charge the
cost thereof, together with the cost of engineering, to the
Owner. It is understood and agreed that upon such entry by
the Town on the said lands, any monies placed on deposit with
the Town to ensure completion shall be forfeited by the Owner
and shall be applied towards the cost of any work undertaken
by the Town, and in addition to all other remedies it may
have at such time, the Town may refuse to issue further
building permits until such remedial work has been completed
and until such payment has. been made to the Town for such
services that have been completed and are yet to complete.
Such entry shall not be deemed as acceptance or assumption of
the municipal services.
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Subdivision Agreement
If, at any time, the work or construction of the
municipal services referred to herein, in the opinion of the
Town, is not being carried out in accordance with the plans
and specifications or in accordance with good engineering
practice, the Town may stop all or any part of the work for
any length of time until such work has been placed in a
satisfactory condition.
3.11 Authoritv to Inst>eç:t
The owner agrees to permit the Town Engineer or his
agents to enter on the lands at any time to inspect work and,
if necessary, to make emergency repairs, at the owner's
expense. Such entry and repairs shall not be deemed to be an
acceptance of the services or an assumption by the Town of
any liability.
3.12 Use of Services bv the Municioalitv
The owner agrees that the municipal services
constructed by him may be used, 'p~ior to acceptance by the
Town, for the purpose for which they are designed. Such use
shall not constitute acceptance of the services and shall not
relieve the owner of any of his obligations.
3.13 Relocation of Existina services or Reoairs
The owner agrees to pay the cost of relocating and
repa~r~ng any existing services where such relocation or
repair is made necessary by reason of the construction of the
services required by this Agreement, and to adjust the grade
of all manhole catcbbasins, water service boxes, valves,
hydrants and valve chambers as may be required by the Town
Engineer.
3.14 Qualitative or Ouantitative Tests
The Town Engineer may have qualitative or quantitative
tests made of any materials which have been or are prop?sed
to be used in the construction of any municipal serv~ces
required by this Agreement and the costs of such tests shall
be paid by the owner~
3.15 Services Within Easements
The owner agrees that he will not apply for building
permits for lots or blocks on which easements have been
imposed, or for lots or blocks immediately adjoining such
easements, until such time as an Ontario Land Surveyor has
certified to the Town Engineer that the required service or
services have been installed within the limits of the
easements or that the easement descriptions have been
adjusted in accordance with the location of the services as
actually installed.
3.16 B1astina
The owner agrees that no blasting will be undertaken
without the written consent of the Town Engineer.
3.17 Damaoe
The owner agrees to indemnify the Town for the cost of
damage done to curbs, water service boxes and other services
on existing streets or on any easements during construction
and building by anyone other than the Town.
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Subdivision Agreement
4.0 MAINTENANCE AND RF.PAIRS BUItlNG CONSTRUCTION
4.1 Roads Within the Plan
The owner agrees to carry out all road maintenance,
including dust treatment and grading, until the roads have
their final surface.
4.2 SnoWDlowina and Sandina
The owner shall agree to provide, at his expense, snow
removal with respect to all roads on the Plan of Subdivision'
until such time as the two (2) year maintenance period for
the above ground services has expired and said services have
been accepted by the Town. In the event the owner wishes the
Town to provide the aforesaid snow removal, the owner shall
hold the Town harmless with respect to any damage that may
occur as a result of said snow removal. The owner further
agrees to provide to the Town, the latter's actual cost of
said snow removal together with a Fifteen (15%) percent
administration fee. Prior to the Town providing the snow
removal services as aforesaid, the owner will, at its expense
prepare the road, service and ramp watervalves, catchbasins
and manholes, as may be deemed necessary by the Town. It is
agreed that any maintenance performed by the Town pursuant to
this section shall be deemed to have been performed by the
Town as agent of the owner and no action on the part of the
Town pursuant to his paragraph shall constitute an assumption
by the Town of the said highways.
4.3 Sewers
The owner agrees to maintain the storm sewers,
manholes and catch-basins until final acceptance and to clean
the sanitary sewers if any material is deposited therein
other than ordinary domestic waste. Maintaining the storm
sewers and catch-basins includes filtering against excessive
sedimentation. Prior to final acceptance, the owner agrees
to clean all catch-basins and manholes and flush sewers with
hydraulic f1ushers to the satisfaction of the Town Engineer.
4.4 Care of Access Roads and Other Services
All access roads and all appurtenances on road
allowances giving access to the Subdivision shall be
maintained in good condition during construction and, if
damaged, restored by the owner. The owner agrees to apply
calcium to the access roads, as needed and in sufficient
quantities to prevent dust problems. This shall include the
removal of mud tracked from the.Subdivision which must be
removed at the direction of the Town Engineer.
4.5 DumDina and Removal of Debris or Fill
The owner agrees neither to dump nor to permit to be
dumped any fill or other debris on nor to remove or permit to
be removed any fill from any public lands, other than for the
actual construction of the roads in or abutting the
subdivision, without the written consent or the authority
having jurisdiction.
4.6 Sians
The owner shall erect signs at least 1.2 metres by 1.8
metres at each entrance to the subdivision. The signs shall
read as follows:
"Roads not Assumed by Municipal! ty
Use at Your own Riskn
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Subdivision Agreement
These
construction
received the
signs shall be installed prior to the start of
and be removed after all the services have
certificate of Final Acceptance.
4.7 Erosion and ~iltinq Control
The owner 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 of
the subdivision. Failing adequate precautions being taken,
the owner will be responsible for correction of any damages
and paying all maintenance costs resulting therefrom.
5.0 ACCEPTANCE OF WO'R1r!l
5.1 Inscections
The Town Engineer shall advise the owner in writing of
the stages of construction of' which the Town Engineer
requires the owner to request inspections and the Town
Engineer shall effect such inspections without delay when
requested.
The Town Engineer may require the owner to
inspection purposes any work which has been
backfilling or otherwise before the Town has had
opportunity to inspect any portion of the work.
uncover for
covered by
a reasc;mable
5.2 Preliminarv Accectance
Upon completion of construction and installation of
each stage of the municipal services and satisfactory
inspections thereof, the owner's Engineer shall issue to the
Town Engineer a certificate detailing that the work has been
completed in the stages as laid out provided for in this
Agreement. The Town Engineer shall inspect the work and
either accept or reject that statement and make a
recommendation to the Town concerning the acceptance of the
named services. Upon acceptance by the Town by resolution of
council the period of guaranteed maintenance for that stage
shall commence from the date of the last inspection.
5.3 Guaranteed Maintenance
The owner guarantees all services constructed under
this Agreement for a period of one year except for road
surfaces which shall be two years following the date of the
last inspection noted immediately above. The owner agrees to
pay the Town immediately upon receipt of a written demand,
any expense incurred by the Town in making emergency repairs
during the guaranteed maintenance period.
5.4 Final Accectance
At the end of the period of guaranteed maintenance of
each stage of the municipal services, the owner's Engineer
shall issue to the Town's Engineer, a certificate
recommending final acceptance. The Town Engineer shall then
complete the final inspection of those services. At the
first reasonable opportunity following such final inspection
of the services and any requisite corrections, which
inspection shall not be unreasonably delayed, the Town
Engineer shall recommend to council final acceptance of the
services and Council shall pass the necessary resolution
accepting the services and assuming the maintenance thereof.
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Subdivision Agreement
5.5 Staaina of Accentance
The inspections, preliminary acceptance
acceptance of services shall be effected in the
stages for the purposes of commencement of the
guaranteed maintenance and final acceptance of the
and final
following
period of
services:
- all underground services including water,
sewers, hydro, cable T.V. and telephone.
- granular road sub-base
- all grading required before the issuance of a
building permit including all road allowances.
- granular road base and base course of asphalt
road paving
- all other above ground services not in
Stage I II
- concrete curb and gutter
final course of asphalt road paving
- seeding or sodding of boulevards and parks
- all other items of municipal servicing which
were not completed in stages I and II.
Upon issuance of the Certificate of preliminary
Acceptance of the stage I services, the period of guaranteed
maintenance shall commence to run, as of the date of the last
inspection thereof, for all the Stage I services except the
granular road sub-base.
Stage I
stage II
stage III
Upon issuance of the certificate of Preliminary
Acceptance of the Stage II services, the period of guaranteed
maintenance shall commence to run, as of the date of the last
inspection thereof, for all the stage II services.
Upon issuance of the Certificate of Preliminary
Acceptance of the Stage III services, the period of
guaranteed maintenance shall commence to run as of the date
of the last inspection thereof, for all the Stage III
services.
5.6 Subdivision Releases
Upon final acceptance of the municipal services by
Council as set out in section 5.4 of this Agreement,
completion of final grading on the lot after construction of
a dwelling or dwellings to the satisfaction of the Town's
chief building official, completion of any remedial work
required by the Town and payment of all Town fees and
accounts, the Town will give a general certificate of
release, such release to be prepared and registered at the
expense of the owner. In addition, the Town may release
individual lots on the Plan of Subdivision on terms and
conditions satisfactory to the Town.
5.7 Charae on Land
The owner· charges tbe land with the performance of
this Agreement.
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Subdivision Agreement
6.0 DRAINAGE. LANDSCAPING AND DESIGN
6.1 Grade Control
Notwithstanding any of the provisions of this
Agreement to the contrary, the owner shall:
(a) Complete the drainage system including all grading,
ditches, swales, watercourses, ponds, drains, pipes, sewers,
manholes, catchbasins, service connections, apparatus and
equipment to service all the lands within the Plan and
adjacent thereto as required by and according to the
drawings, plans, reports and specifications approved by the
Town Engineer. The owner shall maintain the complete
drainage system, including clearing any blockage, until it is
finally accepted by the Town. The Town may connect or
authorize connections into the said drainage system but such
connections shall not constitute acceptance of the drainage
system by the Town.
(b) Complete the drainage system,' including such grading as
is necessary to bring the elevation of a lot or block to
within 0.3 metres of the final grade as shown on the overall
grading plan acceptable to the Town Engineer, prior to any
building permits being issued. Final lot grading and the
grading of ditches and swales on lots or blocks that drain
only the lot or block on which they are located shall be the
only parts on the drainage system to be completed after
building permits are issued.
(c) submit to the Town with every application for a building
permit, a site plan indicating the location of the proposed
building and driveway on the site and indicating that the
proposed construction and grading will comply with said
Grading Plan. The said site plan will also indicate the
elevation of the top of the foundation wall of the proposed
building which elevation will also conform to the said
Grading Plan. No building permits will be issued until the
said site plan has been approved by the Town's chief building
official.
(d) Submit with the building permit application for a lot, a
letter of credit or certified cheque in the amount of Fifteen
Hundred ($1,500.00) Dollars per lot to ensure that' the
Grading Certificate referred to in Section 6.1 (g) of this
Agreement will be provided by the owner.
(e) Agree that no building permit will be issued for any
construction beyond the completion of the foundation wall
until the Town's chief building official is satisfied that
the elevation of the top of the foundation wall of the said
building, as constructed, conforms within reasonable
tolerance to the elevation shown on the said site plan and
meets lot, zoning and building compliances.
(f) The owner shall complete all final grading of the said
lot in conformity with the site plan and Grading Plan.
(g) Submit to the Town a certificate acceptable to the Town,
which certificate shall evidence that the final grading of
the said lot conforms to the Grading Plan and site plan
within reasonable tolerances as determined by the Town's
chief building official and that as so graded, the lot will
provide for surface drainage in accordance with the site plan
and Grading Plan. If and when accepted by the Town's chief
building official, the deposit shall be returned without
interest to the owner less any costs incurred by the Town
under Clause 6.1 (h)
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Subdivision Agreement
(h) Be responsible for the drainage of all the lots and
blocks within the Plan and shall, on the sale of any lots or
blocks, reserve such rights as may be necessary to enable the
owner or the Town to enter for a period of two years from
occupancy of the dwelling and undertake modifications to the
surface drainage features of the said lots and blocks in
accordance with the lot Grading Plan agreed to by the Town.
The Owner agrees that, should drainage rectification become
necessary in the absolute discretion of the Town's chief
building official at any time during the term referred to
herein and the owner fails to make such rectification when so
instructed by the Town, the Town may, at its option,
undertake the correction of such drainage situation and all
costs over and above the Fifteen Hundred ($1,500) deposit
shall be charged back to the owner and shall include a
management fee of Fifteen (15%) percent of the cost of labour
and material. The owner agrees that neither it nor its
successors or assigns will alter the grading or change the
elevation or contour of the land except in accordance with
drainage plans approved by the Town.
,
6.2 TODsoil
The owner agrees that no topsoil shall be removed from
the lands on the Plan, without the written consent of the
Town. Where it becomes necessary to temporarily remove any
topsoil, it shall be stock-piled and replaced on the lot or
block to a depth of no less than 15 centimetres over the
entire area not covered by buildings, driveways or paved
areas. If the existing topsoil on the site is not
sufficient, additional topsoil will be supplied by the owner
to maintain the required depth over the area.
6.3 LandscaDina
(a) sodding & Seedina
(i) The Owner shall ensure that sod or seed is placed on the
unpaved portions of all road allowances after all roads,
walks, and curbs, are completed. The owner shall ensure that
sod or seed is laid on the front, side and rear yards of all
lots and blocks thereafter. .
(ii) The Owner shall ensure that sod or seed is placed
designated parks in the Plan as required by the Town
stage III of the municipal services.
(iii) Sodding only, as opposed to seeding, shall be employed
where, in the opinion of the Town Engineer, it is warranted
on account of topography, soil conditions or drainage.
on all
during
(iv) Sod shall be local No. 1 nursery sod. Seed shall be a
mixture of No. 1 perennial grass seeds compatible to the
area; rate of spread to be as directed by supplier.
(v) Sodding and seeding shall be maintained by the Owner
until well established.
(b) Trees
The Owner agrees to plant one tree on the road
allowance in front of each lot. Trees shall be Norway or
Hard Maple or green or white Ash and the diameter of each
tree trunk to be at least three inches (3"). The location of
the trees will be approved by the Town in advance.
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Subdivision Agreement
6.4 Sian for Subdivision
The Owner may erect one sign advertising
development on lands described in Schedule "A" to
Agreement. The Owner shall remove any such signs after
years from the beginning of construction. The Owner
maintain the sign.
the
this
three
shall
6.5 Survey Bars
prior to final acceptance of the subdivision by the
Town, the Owner agrees to locate and, if necessary, replace
all survey bars to the satisfaction of the Town gngineer.
7.0 ADMINISTRATION
7.1 Reaistration of the Aareement
The Owner agrees that this Agreement and the
hereto or any parts thereof shåll be registered
title of the lands. The Owner shall pay to the
legal costs incurred with respect to registration.
Schedules
upon the
Town all
7.2 Servina of Notices
Unless otherwise specified in this Agreement, any
notices required under the provisions of this Agreement shall
be given by prepaid registered mail or by personal delivery
to the following persons at the following addresses:
TO THE MUNICIPALITY:
Clerk
The Town of Kincardine
707 Queen street
Kincardine, Onto N2Z lZ9
Lurgan Holdings Limited
c/o Wayne Lowry
R. R. t1
Kincardine, Ontario
N2Z 2X3
TO THE OWNER:
The Owner shall supply the clerk of the Town with any changes
in Ownership and/or address. The Town must then send any
notices to new Owner and/or address.
7.3 Owner's Liability
Until any services or work herein provided for is
accepted by the Town, the Owner agrees to indemnify and save
harmless the Town from all actions or suits which may arise
either directly or indirectly by reason of the work done or
the materials supplied by any of the parties to this
Agreement pursuant to any of the provisions of this
Agreement.
7.4 Notice to Purchaser of Services to be Provided
The Owner agrees to notify, or cause to be notified,
each and every purchaser of land within the said subdivision
of all the services to be provided for such purchaser.
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Subdivisionàgreement
7.5 Final Conies of Plan
The owner agrees to present the final copies of' the
Plan to the Town for AV~mination before they are presented to
the Ministry of MUnicipal Affairs for signature and before
the Town's final release is given and present same for
re-examination before registration if any changes are made
thereafter.
7.6 MYlar CODY of ~lan
The owner agrees to lodge a mylar copy of the Plan
together with twelve (12) prints as registered with the Town
Clerk immediately after registration.
7.7 Final Release For Reaistratlon
The owner agrees to submit to the Town's
clerk-administrator, in order to expedite his final release
to the Ministry of Municipal Affairs for registration, a
detailed written submission outlining and documenting how all
conditions imposed in this agreement requiring his attention
and action prior to registration ~ave been met and satisfied
and outlining how all draft plan conditions have been met and
satisfied.
8.0 FINANCIAL PROVISIONS
8.1 Performance Guarantee
Prior to the Town's release of the draft Plan of
Subdivision to the Ministry of MUnicipal Affairs, the owner
shall deliver an irrevocable Letter of Credit from a
Chartered Bank in a form and amount satisfactory to the Town
Engineer, in order to guarantee the completion of the works
referred to in this Agreement. It is agreed that the amount
of the Letter of Credit may be reduced or increased from time
to time, subject to the approval of the Town Engineer in
proportion to the works and services already installed or
constructed and subject to a review by the Town Engineer of
the remaining services to be completed.
Prior to the acceptance of services, and the release
of the performance guarantee, the owner will post a
maintenance guarantee in the form of a Letter of Credit from
a chartered bank in the amount of ten percent (10%) of the
value of the work satisfactory to the Town Engineer. This
letter of Credit shall cover all defects in the construction
of the said works and services for a period of two (2) years
from the date of acceptance of the said works and services,
all in accordance with the requirements of Schedules
"C", "D" and "E" attached hereto.
The owner also agrees that the irrevocable Letters of
credit referred to in this Section shall contain the
following clause: "It is a condition of the Letter of Credit
that it shall be deemed to be automatically extended without
amendment from year to year from the present or any future
expiration date hereof, unless at least 30 days prior to the
present or any future expiration date, we notify you in
writing by registered mail that we elect not to consider this
Letter of Credit to be renewable for any additional period."
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Subdivision Agreement
8.2 Levies or ImDOsts
The owner shall pay to the Town the amount per lot as
set out in the Town's Development Charges By-law or Lot Levy
By-law in effect at the time of payment on or before the
issuance of a building permit or the sale of each lot,
whichever occurs first. The Town acknowleges the payment in
1989 of the impost fees or lot levies for 40 lots.
8.3 Taxes
The owner shall pay in full all taxes and local
improvement charges in arrears.
8.4 Insurance
Prior to commencing construction and installation pf
any of the services herein provided for, the owner shall
supply the Town with a liability insurance policy in the
amount of Three Million Dollars ($3,000,000) and in a form
satisfactory to the Town's Solicitor indemnifying the Town,
the PUC, and the Town Engineer from any loss arising from
claims for damages, injury or otherwise in connection with
the works done by or on behalf ·Jof the owner on the lands
until the expiration of the guarantee period on all the
services herein provided for. The policy shall not have any
exclusion for blasting. In the event any renewal premium is
not paid, the Town, in order to prevent the lapse of such
policy, may pay the renewal premium or premiums, and the
owner agrees to pay the cost of such renewals within ten (10)
days of the account being rendered by the Town. The premiums
for this policy shall be paid initially for a period of three
(3) years.
8.5 Interest on OVerdue Accounts
The Owner shall pay interest to the Town at the rate
of 15 percent per annum on all monies payable under this
Agreement which are not paid on the due dates, calculated
from the due dates to the date of payment.
8.6 The Construction Lien Act. 1983
The owner agrees that it will hold back in its
payments to any Contractor who may construct the services,
such sums as are provided in accordance with the Construction
Lien Act, 1983, and will otherwise indemnify the Town against
any claims, actions or demands for Mechanics' Liens or
otherwise in connection with the works and all costs in
connection therewith, and on the demands of the Town Engineer
will forthwith take such steps to immediately discharge all
Liens upon the services.
.
Notwithstanding anything to the contrary contained in
this Agreement, the owner hereby agrees that the filing of
any Liens pursuant to the Construction Lien Act, 1983, with
respect to the land described in Schedule "A" attached
hereto, shall constitute a default by the owner of the terms
of this Agreement and shall entitle the Town to draw on any
or all of the Letter of Credit referred to in Section 8.1 of
this Agreement and to utilize said draw to make payment into
Court of the holdback together with costs.
8.7 siç.ewalks
The Owner shall provide a cash deposit or letter of
credit to the Town prior to execution of this agreement in an
amount acceptable to the Town Engineer for the construction
of sidewalks on one side of all streets to be constructed in
the subdivision. The Town will use these funds to construct
the sidewalks at the Town's convenience and any unused funds
after construction will be refunded to the Lurgan HOldings
Limited. .. ./15
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Subdivision Agreement
B.B Parkland
The OWner agrees to, make a cash payment in lieu of
parkland dedication to the Town at the rate of $500. per lot
prior to the execution of this agreement. The Town
acknow1eges payment for 40 lots paid in 19B9 and held in
trust by the Town. These 40 lots are considered paid in
full.
B.9 Easements
The
or the PUC
Town, free
easements to
approved by
therein.
OWner agrees to convey such easements to the Town
as outlined in Schedule nF" as required by the
from any encumbrances, and any other further
be shown on the approved Engineering Plans to be
the Town Engineer for the purposes set out
B.I0 Reserves
The OWner agrees to terminate all dead ends and open
sides of road allowances created by the Plan in 0.30 metre
reserves, as set out on the Plan and convey these and any
other 0.30 metre reserves in the Plan in fee simple, free
from encumbrances, to the Town.
B.11 Walkways
The Owner agrees to convey such public walkways to the
Town as outlined on the Plan free from any encumbrances.
9.0 MISCELLANEOUS PR.OVISIONS
9.1 Buildina Permits
No building permit shall be issued upon any lot or
block and no building shall be undertaken thereon until
completion of Stage I of the municipal services for that
section of the road fronting on said lot. There may be an
exception for hydro provided that the Town has received
adequate security for the provision of this service. There
shall be no occupancy of any lot until completion of Stage II
of the municipal services for that section of the road
fronting on said lot. The Town shall have the power to
refuse to grant building permits with respect to any or all
of the lots shown on the Plan at anytime when the Owner is in
default under this Agreement.
9.2 House Numbers
All street numbers for use within the proposed plan of
subdivision shall be allocated by the Town. The Owner shall
furnish the clerk with a copy of the Subdivision Plans as
approved, upon which the clerk will designate the proper
number of numbers for each lot. It shall be the
responsibility of the Owner to furnish the subsequent
purchaser of each lot with the correct street number.
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Subdivision Agreement
9.3 Fencina
The Owner shall construct and erect a chain link fence
having a height of at least 1.5 metres along each side of all
public walkways and to install an asphalt walkway to the
satisfaction of the Town Engineer.
9.4 Street Sians
The OWner shall erect to the satisfaction of
Town's manager of public works, street and traffic
prior to any building permits being issued.
9.5 Curbs For Disabled
The OWner shall construct all curbs located at
intersections to accommodate easy access by people in wheel
chairs where sidewalks exist.
the
signs
9.6 Gender
The word "OWner, or the words "he" or "his" where used
in this Agreement, in addition to their accepted meanings,
shall mean and include an individual, an associate, a
partnership or an incorporated company and also includes
heirs, successors and assigns. Wherever the singular is used
herein, it shall be construed as including the plural, and
wherever the masculine is used herein it shall be construed
as including the feminine, and vice versa in all cases.
9.7 Authoritv
The OWner and the Town acknowledge that the supply of
any Town services to the lands which may be undertaken or on
behalf of the Town must first receive the approval, with
respect to certain of the Town services herein referred to,
of the Ministry of the Environment.
9.8 No Waiver
The failure of either the Town or the OWner to insist
upon the strict performance of the terms and conditions
hereof shall not constitute or be construed as a waiver or
relinquishment of either parties' rights to thereafter
enforce the same in accordance with this Agreement in the
event of a continuing or subsequent default on the part of
either party.
9.9 Severabilitv
It is mutually agreed that in the event that any
clause or provision of this Agreement or any part thereof
shall be declared invalid, void or unenforceable by any Court
having jurisdiction, such invalidity shall not affect the
validity or enforceability of the remaining portions of this
Agreement unless the result would be manifestly inequitable
or unconscionable.
9.10 Non-Performance
It is agreed between the parties hereto that no party
shall be held responsible for damages caused by delay or
failure to perform its obligation hereunder when such delay
or failure is due to fires, strikes, floods, acts of God,
lawful acts or public authorities, or delays which cannot
reasonably be foreseen or provided against.
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Subdivision Agreement
9.11 owner's ExDense
is
"at
the
Every provision of this Agreement by which the owner
obligated in any way shall be deemed to include the words
the expense of the owner" and "as approved or accepted by
Town," unless specifically stated otherwise.
9.12 Comulete Aareement
This Agreement when executed together with all
Schedules attached hereto as provided for this Agreement
shall constitute the entire Agreement between both parties
and this Agreement may not be amended, modified or terminated
except in writing signed by the parties hereto.
9.13 Further Documents
The parties shall execute and deliver all
and perform all further actions that may be
necessary under the provisions of 'this Agreement.
9.14 COlllDliance with Law and standard Practices
The owner shall perform its obligations hereunder in
compliance with any and all applicable federal, provincial
and local laws, rules and regulations, in accordance with
sound engineering and safety practices, and in compliance
with any and all reasonable rules of the Town relative to the
Premises.
documents
reasonably
9.15 Indemniftca~ion ·of Municiuality
-
The owner, on behalf of itself, its successor and
assigns in title, shall indemnify the Town and the Town
Engineer on a sOlicitor/client basis against all actions,
suits, causes of action, claims and demands whatsoever which
may arise either directly or indirectly by reason of the
owner undertaking this development.
9.16 Soil Conditions
The owner acknowledges and agrees that any Town
approvals, including (without restricting the generality of
the foregoing) zoning, subdivision and site plan approvals do
not verify or confirm the adequacy of soil conditions and the
owner accepts responsibility for soil conditions, including
soil contamination and agrees to comply with the
Environmental protection Act and other legislation and the
owner agrees to indemnify and save the Town harmless from all
actions or claims relating to soil conditions on the subject
la:nds.
9.17 Comuliance with Law
Nothing in this Agreement exempts the owner or anyone
claiming by or through or under it from compliance with any
by-law of the Town or any Statute or Regulation of Ontario or
any other law nor exempts it from any liability accruing to
it as the owner of the Lands.
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Page 18
Subdivision Agreement
BENEFIT AND BURDEN
IT IS DECLARED AND AGREED that this Agreement and the
covenants, provisions, conditions and schedules herein shall
ensure to the benefit of and be binding on the respective
heirs, executors, administrators, successors or assigns of
each of the parties hereto.
IN WITNESS WHEREOF the Corporate seals of the OWner, the Town
and the P.u.c. are hereunto affixed under the hands of their
proper signing officers in that behalf.
SIGNED, SEALED AND DELIVERED
(in the presence of)
Approved & Authorized by
By-law No. 1991-15
enacted this 21st day
of February, 1991
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THE KINCARDINE PUBLIC
UTILITIES COMMI~~.
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secretary -, H:;·Watsòn,
- -
LURGAN HOLDINGS LIMITED
se7retary- ;.. su:r;.er::
Michael ~belen =
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SCHEDULE "An
Descriutlon of Lands to Which This A_ent Auulies
Park Lots 13, 14 and 15, East Side of Park Street and Part of
Park Lot 16, East Side of Park Street and Part of Park Lot 1,
North of Kincardine Avenue, Townplot of penetangore in the
Town of Kincardine in the County of Bruce and being more
particularly described as Part 1 on Reference Plan 3R-4822.
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SCHEDULE "B"
PLAN OF SUBDIVISION
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SCHEDULE "CD
WOR'K: TO BE CONSTRUCTED
1.0 Roads, including granular base, concrete curb and
gutter and asphalt pavement.
2.0 Storm sewers.
3.0 Sanitary sewers.
4.0 Watermains.
5.0 Electrical distribution system and street lighting.
6.0 Storm Water Management Report.
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SCHEDULE "D"
ENGINEERING DESIGN CRITERIA & SPECIFICATIONS
1.0 ROADS
1 .1 Granular Base
Granular base courses for the roads to be developed
shall consist of a minimum of 300 mm Granular "B" or
"c" and a minimum of 150 mm of Granular "An. The road
base design shall be consistent with requirements
which might be imposed due to native soil conditions.
Granular materials shall be placed on a uniform
sub-grade, compacted and fine graded, and ready for
asphalt.
1.2 Concrete curb and Gutter
Concrete curb
Town Engineer
accordance with
and gutter of a type approved by
shall be supplied and placed
current O.P.s. specifications.
the
in
1 . 3 Asphalt Pavements
All streets shall be paved with a minimum of 2 lifts
of Hot Mix Asphalt for a total depth of not less than
70 mm. Roadway widths shall be 8.5 m.
2 . 0 STORM SEWERS
The owner shall provide for an adequate storm drainage
system based upon a five-year storm for the Kincardine
area. Lot grading and road layout shall address storm
water management for storms in excess of the five-year
storm. In general, storm sewer materials shall be
reinforced concrete structural support both for the
pipe and the roadway above: Native backfill under the
asphalt will be allowed where materials permit. Catch
basins and manholes shall be complete with appropriate
frame and grates, all conforming to current O.P.S.
specifications and standards.
3.0 SANITARY SEWERS
Sanitary sewers shall be provided to current Ministry
of the Environment design criteria. In general, PVC
pipe shall be used in a class appropriate with the
depth of cover. Care shall be taken to bed and
backfill the sewers in accordance with O.P.S.
requirements. House service shall be 125 mm or 150 mm
diameter services, connected to proper ntee" or "wye"
branch fittings. Sewers shall be laid on an even
grade and shall be tested for infiltration and/or
deflection as required by current O.P.S. standards.
4.0
WATERMAlNS
Watermain material shall generally be 150 mm diameter
or larger ductile iron complete with tyton joints.
All pipe valves, fittings, etc. shall be subject to
current Kincardine P. U. c. requirements. House
services shall be 20 mm type ilK" copper with a working
pressure rating of 700 kPa. Hydrants shall be Canada
Valve "Century Hydrants". All mains shall be flushed,
tested and disinfected in accordance with current
O.P.S. standards and specifications.
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6.0
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SCHEDULE "D" - Page 2
ELECTRICAL DISTRIBUTION SYSTEM AND STREET LIGHTING
An electrical distribution system, street lighting and
the necessary appurtenances to service the development
shall be installed in accordance with the
specifications of the Kincardine Public utilities
commission. The OWner shall enter into any agreements
required by that utility in order to complete this
servicing to their standards. .
TYPICAL CROSS-8ECTION
Road sections shall be laid out in accordance with a
typical cross-section which will dictate locations for
each of the utilities. Such cross-section will be
provided upon request from the Town of Kincardine.
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7.0 STORM WATER MANAGEMENT REPORT
The Storm Water Management Report will be as written
by B. M. Ross and Associates Limited dated September
12, 1991 and as revised on February 15, 1991.
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SCHEDULE "E"
Coll8tructlo. Schedule
Time Llmllø for Co_lctlo. of Works
Watermains, sewers, curbs, walkways, fencing, seeding,
sodding, tree planting, granular base and base course
of hot asphalt shall be completed not later than two
years from the date of this agreement.
2. Final course of hot asphalt shall be completed not
later than two years from the base course of asphalt
and not prior to one year from the base course of
asphalt.
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SCHEDULE "F"
Additlnnal Obll.atloDl
ImDosed by the Town R_eetlDl! This DeYeloomeat
1.0 Geotechnical Recort (Soil Investigation)
The OWner agrees to follow all recommendations
contained in the geotechnical report (soil
Investigation), dated February 15, 1991 prepared by
the OWner and acceptable to the the Town and the
Saugeen Valley conservation Authority which was
imposed as a condition of draft approval by the
Ministry of Municipal Affairs to the satisfaction of
the Saugeen Valley Conservation Authority;
2.0 Covenant on Title
The OWner agrees to include the following in all
Agreements of Purchase and Sale for Lots 51 to 57
inclusive and shall be a covenant on title for said
lots and shall be binding ùpon the owners, purchasers,
heirs, executors and assigns:
a) that the recommendations in the geotechnical report
shall be followed;
b) that over time there is the possibility that there
will be some ground loss and movement on and near the
slope;
c) that the Town and the Saugeen Valley Conservation
Authority are under no obligation to undertake slope
remedial works;
d) that building and structures, including swimming
pools, are not permitted within the area east of the
"Building Setback Line" as shown in the geotechnical
report.
3.0 Snow Fencina
The Owner shall erect snow fencing or other suitable
barrier along the top of the slope for Lots 51 to 62
inclusive, and parts of the open Space Block (No.
65), prior to initiating any grading or construction
on the site to prevent unauthorized dumping of fill.
This barrier shall remain in place until all grading
and construction on abutting lots has been completed
to the satisfaction of the Saugeen Valley Conservation
Authority.
4.0 ODen Scace Zonina
The OWner agrees to make application to zone Block 64
as Open Space under the Town's comprehensive zoning
by-law and will not make application to rezone the
lands to any other designation until the OWner shows
to the satisfaction of the Ministry of the Environment
and . the Town that these lands may be developed
following the completion of the relevant studies
pertaining to methane gas and identification of
appropriate mitigating measures as required by the
studies.
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SCHEDULE "F"
Page 2
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Hazard zoninc¡
The owner agrees to make application to zone the areas
of Lots 51 to 57 bounded by the "Building Setback
Line" as shown in the geotechnical report to Hazard to
the satisfaction of the Saugeen Valley Conservation
Author! ty. The owner further agrees to not make
application to rezone these lots to any other
designation until the owner shows to the satisfaction
of saugeen Valley Conservation Authority and the Town
that the lands are appropriate for further
development. The owner further agrees to provide the
Town a one foot reserve, free and clear from all
encumbrances, on Lots 51 to 57 immediately adjacent to
the road allowance to completely deny these lots any
access to a road allowance. The Town will deed these
back, at the owner's expense, to the owner once the
Lots 51 and 57 have been rezoned to the satisfaction
of the saugeen Valley conservation Authority.
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SCHEDULE nG"
EaeementB Reaulred to be Granted to the MDDlclDallt'f
The following easements are required to be granted to
the municipality in order to incorporate servicing of
this subdivision.
1. 0 None.
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