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HomeMy WebLinkAbout17 132 Hugh Jamieson Campbell and Janey Louise Campbell 552 Durham Street Development Agreement THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ';/CIpAL INCP1' BY-LAW NO. 2017 - 132 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A DEVELOPMENT AGREEMENT WITH HUGH JAMIESON CAMPBELL AND JANEY LOUISE CAMPBELL (PART PARK LT 2 E/S PARK ST TOWNPLOT OF PENETANGORE; PART PARK LT 1 E/S PARK ST TOWNPLOT OF PENETANGORE, DESCRIBED AS PART 2 ON 3R9998; MUNICIPALITY OF KINCARDINE; being all of PIN 33309- 0449 [LT]) O WHEREAS the Planning Act, R.S.O. 1990, c.P.13, as amended authorizes municipalities to enter into development agreements with landowners for development of land; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into a Development Agreement with Hugh Jamieson Campbell and Janey Louise Campbell for that property located at PART PARK LT 2 E/S PARK ST TOWNPLOT OF PENETANGORE; PART PARK LT 1 E/S PARK ST TOWNPLOT OF PENETANGORE, DESCRIBED AS PART 2 ON 3R9998; MUNICIPALITY OF KINCARDINE; being all of PIN 33309-0449 [LT]; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Municipality of Kincardine enter into a Development Agreement with Hugh Jamieson Campbell and Janey Louise Campbell for that property located at PART PARK LT 2 E/S PARK ST TOWNPLOT OF PENETANGORE; PART PARK LT 1 E/S PARK ST TOWNPLOT OF PENETANGORE, DESCRIBED AS PART 2 ON 3R9998; • MUNICIPALITY OF KINCARDINE; being all of PIN 33309-0449 [LT] and being more particularly described in Schedule "A" of the attached Development Agreement. 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, the Development Agreement with Hugh Jamieson Campbell and Janey Louise Campbell which is attached to this by-law as Schedule "A", as well as any other documentation required and relating to the said Development Agreement. 3. This By-law takes effect from the date of passage by Council and comes into force and effect pursuant to the provisions of the Planning Act, 1990. 4. This By-law may be cited as the "Hugh Jamieson Campbell and Janey Louise Campbell (552 Durham Street) Development Agreement By-law". READ a FIRST and SECOND TIME this 20th day of September, 2017. • READ a THIRD TIME and FINALLY PASSED this 20th day of September, 2017. 41,AJZ, 22,5Ce} Mayor Clerk This is Schedule "A..""to By-Law No O i-1-I3?passed the 'aO day of c p* m\C20 l�- THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE DEVELOPMENT AGREEMENT between HUGH JAMIESON CAMPBELL AND JANEY LOUSIE CAMPBELL - and- THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Dated 5 of-ernbe(ZO ,2017 The Corporation of the Municipality of Kincardine 1475 Concession 5, RR5 Kincardine, ON N2Z 2X6 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 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 General 4 3.2 Municipality's Legal, Planning, and Engineering Costs 4 3.3 Developer's Engineer 5 3.4 Works to be Installed 6 3.5 Approval of Plans 6 3.6 Notification of Commencement 6 3.7 Progress of Works 6 3.8 Scheduling of Works 7 3.9 Contractor 7 3.10 Utility Costs and Charges 7 3.11 Access Roads 7 3.12 Movement of Fill 7 3.13 Damage to Existing Plant 7 3.14 Signs 7 3.15 Testing 8 3.16 Erosion and Silting Control 8 3.17 Emergency Access 8 3.18 Construction Refuse and Weeds 8 3.19 Dust Control 9 3.20 Municipal Street Numbers 9 3.21 Blasting 9 3.22 Contaminants 9 Section 4--Acceptance of Works 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 10 4.4 Acceptance During Winter Months 10 4.5 Use of Works by Municipality 10 4.6 Replacement of Survey Bars 10 4.7 Ownership of Services 10 Section 5--Maintenance of Works 11 5.1 Maintenance of Works 11 5.2 Road Maintenance 11 5.3 Emergency Repairs 11 Section 6--Drainage and Landscape Design 12 6.1 Drainage 12 6.2 Maintenance of Lot Grading 12 Section 7--Lands to be Conveyed 12 7.1 Lands for Municipal Purposes 12 7.2 Easements 12 7.3 Turning Circles 12 3 Cont'd Section 8--Administration 13 8.1 Voiding Agreement 13 8.2 Developer's Expense 13 8.3 Phasing 13 8.4 Developer's Liabilities 13 8.5 Insurance 13 8.6 Legal Notice to Developer 13 8.7 Registration 14 8.8 Mortgages/Encumbrances 14 8.9 Requirements for Building Permits 14 8.10 Requirements for Occupancy 14 8.11 Right to Enter into an Agreement 15 8.12 Successors and Assigns 15 8.13 Notification to Purchaser 15 8.14 Scheduling, Progress and Completion 15 8.15 No Municipal Liability 16 8.16 Assignment 16 8.17 Conflict 16 8.18 Severability 16 8.19 Amendment 16 8.20 Further Assurances 16 8.21 Joint and Several 16 8.22 Headings 16 8.23 Enurement 16 Section 9-- Financial Provisions 17 9.1 Development Charges, Drainage and Local Improvement Charges 17 9.2 Securities 17 9.3 Reduction of Securities 18 9.4 Statutory Declaration of Accounts Paid 18 9.5 Construction Lien Act 18 9.6 Partial Release 19 Section 10-- Special Provisions - See Schedule"G" 19 Section 11 —Finalization of Agreement 19 Section 12--Signatures 19 LIST OF SCHEDULES Schedule "A" -- Description of Lands Being Developed 20 Schedule "B" -- Site Plans 21 Schedule"C" -- Municipal Servicing Guidelines 22 Schedule"D" -- Checklist of Works to be Constructed 23 Schedule "E" -- Itemized Estimate of Costs of Construction of Each Part of the Works 24 Schedule "F" -- List of Lands for Municipal Purposes to be Conveyed to the Municipality25 Schedule "G" -- Special Provisions 26 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE DEVELOPMENT AGREEMENT THIS AGREEMENT made in triplicate on the day of , 20_A.D. BETWEEN: HUGH JAMIESON CAMPBELL AND JANEY LOUSIE CAMPBELL hereinafter called the"Developer" - and- THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the"Municipality" WHEREAS the Developer is the registered owner of the land described in Schedule "A" (hereinafter called the "Lands") to this Development Agreement (hereinafter called the "Agreement")and proposes to develop it for the purpose of selling,conveying,or leasing it in lots, by reference to a Site Plan Approval. AND WHEREAS the Developer has entered into a Site Plan Agreement with the Municipality AND WHEREAS the Plan in Schedule"B" is the Site Plan. AND WHEREAS the Municipality requires the Developer to construct and install certain municipal services as hereinafter provided and herein referred to as the "Works", as set out in Schedule "D", and to make financial arrangements with the Municipality for the installation and construction of required services. AND WHEREAS the Developer is required to dedicate for public purposes certain portions of the Lands or make a cash payment to the Municipality in lieu of dedicating such land. 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: 2 SECTION 1—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 Building Official" or"CBO" means the Director of Building and Planning or the Chief Building Official, or designate for the Municipality of Kincardine. "Conservation Authority" or "SVCA" means the Saugeen Valley Conservation Authority and its successors and assigns. "County"means The Corporation of the County of Bruce and its successors and assigns. "Developer"means,collectively,Hugh Jamieson Campbell and Janey Lousie Campbell and their respective successors and assigns. "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. "Director of Public Works" means the Director of Public Works or designate for the Municipality of Kincardine "Land and/or Lands" means the real property which is the subject of the Site 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. "Municipal Act"refers to the Municipal Act, 2001, S.O. 2001,c.25 and any amendments thereto. "Owner" means the Owner of a lot or block and may include the"Developer". "Plan" means the Site Plan relating to the Land as identified in Schedule "B". "Works"means the Works and services described in Schedule"D". 3 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" -- Site Plan Schedule"C" -- Municipal Servicing Guidelines Schedule"D" -- Checklist of Works to be Constructed Schedule "E" -- Itemized Estimate of Costs of Construction of Each Part of the Works Schedule"F" -- List of Lands for Municipal Purposes and Easements to be Granted to the Municipality Schedule "G" -- 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 fee required by the Municipality's Tariff of Fees By-law, as amended from time to time. (b) 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. (c) Submit a General Plan outlining the services to be installed. 2.2 Prior to Registering the Agreement the Developer shall: (a) Deposit with the Municipality securities and insurance as outlined in the Agreement. (b) Pay in full any outstanding taxes or drainage, local improvement charges and charges under the Municipal Act including outstanding sewer rates and/or water rates. (c) Mutually agree with the Municipality on the parcel of land to be deeded to the Municipality for parkland or the amount of cash to be given to the Municipality in lieu of parkland. (d) Pay the amount in lieu of parkland to the Municipality or deposit the Transfers/Deeds of Land for the parkland with the Municipality. (e) Provide proof of postponement of any encumbrances on the Lands. (f) Deposit with the Municipality'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. (g) Deliver to the Municipality's Solicitor written authorization to register this Agreement or Notice of this Agreement both before and after registration of the Plan and any costs associated with said registration shall be the responsibility of the Developer and shall be deducted by the Municipality from the deposit being held by the Municipality. 4 2.3 Prior to starting construction on the Services,the Developer shall: (a) Have obtained final approval of the Site Plan from the Municipality and the Site Plan Agreement has been registered. (b) Have submitted and obtained the written approval of the Municipality's Engineer for the following all to be done in accordance with the Municipal Servicing Standards of the Municipality: • The Drainage Area Plans; • The Lot Grading Plan; • The Service Layout Plan for underground electrical services, telephone, gas, etc.; • Final approved drawings for all Works required in Schedule "D" to this Agreement. (c) Submit to the Municipality the Ministry of the Environment and Climate Change's Environmental Compliance Approval for the Water Supply and Distribution System(if required),the Sewage Collection System, and the Storm Sewer System and Storm Water Management Works. (d) Submit to the Municipal Engineer a completed Form 1 and supporting documentation for approval of the Water Distribution System. (e) Provide written confirmation of having obtained the approval for drainage, road crossings, encroachments, etc. of all road authorities including the Municipality, County,Conservation Authority,the Ministry of Transportation of Ontario and any other authority involved. (f) Have deeded to the Municipality the lands/blocks/easements listed in Schedule «F„ 2.4 Prior to the issuance of building permits the Developer shall: (a) Have complied with all requirements of Section 8.9 of this Agreement. 2.5 Prior to any person occupying any building,the Developer shall: (a) Have complied with all the requirements of Section 8.10 of this Agreement. SECTION 3 --INSTALLATION OF SERVICES 3.1 General The Developer shall design, construct and install at its own expense and in good workmanlike manner Municipal Works to the servicing standards of the Municipality as set out in Schedule"C"to this Agreement. 3.2 Municipality's Legal and Engineering Costs (a) The Developer agrees to pay the Municipality's cost 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. Further, the Developer agrees to reimburse the Municipality for any inspections completed by municipal staff as part of the Municipal Engineer's inspections of the installation of services. (b) The Developer shall be invoiced regularly by the Municipality for all costs incurred by the Municipality with respect to this Agreement pursuant to Section 3.2 (a). 5 (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 (b) of this Agreement shall be retained by the Municipality as a float against any unpaid bills and such deposit(or the balance thereof, if any) shall be returned to the Developer at Final Acceptance of the Development by the Municipality and the Municipality being satisfied, in its discretion, that all costs in Section 2.1 (b) 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 (a) at the sum of twenty thousand ($20,000.00) dollars, failing which the Municipality and its agents shall cease all work with respect to the review of the Development and any amounts that remain outstanding shall accrue interest at the rate of 1.25% per annum (compounded annually) until paid in full. 3.3 Developer's Engineer The Developer shall employ engineers holding a certificate of authorization from Professional Engineers Ontario and approved by the Municipality: (a) To prepare designs; (b) To prepare and furnish all required drawings; (c) To prepare the necessary contract(s); (d) To obtain the necessary approvals in conjunction with the Municipality,the County Health Unit and the Ministry of the Environment and Climate Change, and others as required. (e) To provide the contract documentation, contract administration, and the full time supervision of construction. (f) To maintain all records of construction and upon completion, to advise the Municipality's Engineer of all construction changes and to prepare final As Built drawings. Digital files of the As Built 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 recorded by GPS using NAD 83 UTM Zone 17N with an accuracy of 100 mm or less, in the format of ArcGIS 9.2 (or compatible version)with the inclusion of x,y coordinates for all applicable points of reference. (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. (j) To take such other actions as may be required by the Municipality, acting reasonably, for the completion of the Development in accordance with this Agreement and good engineering practices. 6 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 its expense, construct, install or perform such additional Works at the request of the Municipality's Engineer. 3.5 Approval of Plans The detailed plans and specifications of all services must be submitted by the Developer to the Municipality's Engineer for endorsement of approval and such endorsement of approval shall in no way absolve the Developer or its consulting Engineers of responsibility for errors in or omissions from such plans and specifications. 3.6 Notification of Commencement The Developer shall not commence the construction of any of the Works until the Plan has been registered and the Developer has provided three(3)business days written notice to the Municipality's Engineer of its intent to commence work. Should, for any reason, there be a cessation or interruption of construction,the Developer shall provide three(3) business days written notification to the Municipality's Engineer before work is resumed. 3.7 Progress of Works The Developer shall install all Works in a timely manner, in accordance with the requirements of Schedule"C"and this Agreement. If it 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 faulty work and the replacement of materials not in accordance with the specifications, and to charge the cost thereof together with an engineering fee of ten percent (10%) of the cost of such materials and Works to the Developer who shall forthwith pay the same upon demand. If the Developer fails to pay the Municipality within thirty(30) days of date on the bill,the money owing may be deducted from the cash deposit,letters of credit, or other securities. It is understood in the event that the Municipality must enter upon said lands and have Works completed or repaired due to situations as outlined above any or all original drawings and specifications prepared by the Developer's Engineer must be turned over to the Municipality's Engineer for its use should he require same. It is understood and agreed between the parties hereto that such entry upon the lands shall be as an 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 the Works are completely installed in accordance with the requirements of the Municipality. Without limiting the obligations of the Developer herein, if the Developer defaults on the performance of any term,covenant or provision of this Agreement,and if such default continues 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 upon the Lands for this purpose. If the Municipality is compelled or elects to incur any expense in connection with its performance of the Developer's obligations (including any engineering or legal fees incurred in connection with such actions), any reasonable costs so incurred by the Municipality, together with all interest thereon and any damages incurred, shall be payable to the Developer and shall be collectible by the Municipality in like manner as municipal taxes. The Developer also acknowledges and agrees that the Municipality has 7 the right to draw down any Letters of Credit, cash or other security for the purpose of collecting any such expenses incurred by the Municipality. 3.8 Scheduling of Works Prior to the start of construction and prior to the issuance of building permits, the Developer shall supply for the approval of the Municipality's Engineer a Schedule of Works setting out the order in which it considers the various sections of the Works within the Plan will be built. The Municipality's Engineer may amend this schedule and the Developer must construct, install or perform the work as the Municipality's Engineer from time to time may direct. 3.9 Contractor The said services shall be installed by a qualified competent contractor or contractors retained by the Developer. 3.10 Utility Costs and Charges The Developer shall deal directly with all utility companies. The Developer's Engineer shall obtain all approvals and permits and pay all fees and charges directly to the appropriate utility company. 3.11 Access Roads All access roads must be maintained by the Developer in good repair acceptable to the Municipality's Engineer during the time of construction. This shall include the removal of mud tracked from the Development as well as dust control. No roadway outside the limits of the proposed Development may be closed without the written consent of the Municipality. To obtain such consent, the Developer shall advise the Director of Public Works, not later than fourteen(14) days prior to the proposed closure, of the date, time and duration they wish to close a roadway. All costs for advertising the closure and signage shall be borne by the Developer. The Municipality reserves the right to limit or prohibit the use of any existing access road by the Developer. 3.12 Movement of Fill The Developer covenants and agrees that it shall not dump nor 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 Director of Public Works. 3.13 Damage to Existing Plant The Developer shall repair any damage caused to any existing road, road allowance or existing structure or plant located on the road allowance as a result of the Development and shall pay for any costs involved in relocation of existing service such as hydrants, telephone poles,hydro poles,pad mount transformers,cubicles and pedestals,etc.,which may be necessary because of the development. 3.14 Signs Signs shall be erected by the Developer in an approved location at each entrance to the Development. The signs shall read as follows: "Private Roads-Not Assumed by Municipality- Use at Your Own Risk". These signs shall be installed prior to the start of construction and remain in perpetuity. 8 3.15 Testing The Municipality's Engineer may have any qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any of the Works required by this Agreement, or may require television camera or soil tests to be carried out, and the cost of such tests shall be paid by the Developer within ten(10)days of the account being rendered by the Municipality. Nothing herein shall relieve the Developer of its responsibility to carry out any tests required by good engineering practice. 3.16 Erosion and Silting Control The Developer must take all necessary precautions to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the Development and downstream during construction and completion of servicing. Failing adequate precautions being taken, the Developer will be responsible for correcting any damages and paying all maintenance costs resulting therefrom. 3.17 Emergency Access The Developer shall at all times during construction and development of the Works maintain emergency access to the land to the satisfaction of the Municipality's Engineer. 3.18 Construction Refuse and Weeds The Developer, and each subsequent Owner of Lots or Blocks within the Plan, shall regularly dispose of all 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 of weeds,whether it be from site servicing or house building or any other source related to the development of the site on any lands within the Plan is prohibited. The cost of disposal as required by this section will be at the expense of the Developer or each subsequent Owner and the Municipality may recover such expense under Section 446 of the Municipal Act, 2001 in the same manner as taxes or from the deposit required by Section 8.9(h). 3.19 Dust Control Until the Final Acceptance of all Services to be constructed under this Agreement, the Developer shall use such reasonable method and at all times environmentally acceptable materials to prevent any dust problem to traffic or home occupants as the Municipality shall deem necessary and for this purpose the Municipality's Director of Public Works shall notify the Developer in writing from time to time of the requirements of the Municipality. 3.20 Municipal Street Numbers (a) All Lot, Block or building numbers for use within the Plan shall be allocated by the Chief Building Official. To obtain such allocation,the Developer shall furnish the Chief Building Official with a copy of the Plan as registered upon which the Chief Building Official will designate the proper numbers for each Lot, Block or building. 9 (b) The Developer shall display by means of a legible sign at least 300 mm x 300 mm 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. (d) All costs related to Lot,Block or building numbering shall be the responsibility of the Developer. 3.21 Blasting The Developer agrees that no blasting will be undertaken without the written consent of the Municipal Engineer. 3.22 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 and Climate Change immediately and take all necessary steps and remedial efforts required by the Ministry of the Environment and Climate Change and the Municipality to remove such waste, contaminants, pollutants, hazardous substances or other substances that could be detrimental to the environment. In taking such action, the Developer shall fulfill all legislative requirements for the remediation and clean-up of lands constituting the Plan and shall comply with all legislative requirements regulating the removal, transportation and disposal of such waste, contaminants,pollutants, hazardous substances or any other similar substances from the said lands. SECTION 4--ACCEPTANCE OF WORKS 4.1 Stages of Construction and Services The Municipality will grant Preliminary or Final Acceptance of servicing based upon completion of all three (3) stages of construction; and when the development is phased, within the whole of each phase as approved by the Municipality. Stages of construction are as follows: (a) Stage 1 - consists of all underground Works including storm sewers and storm water management facilities, sanitary sewers, watermains and the completion of Granular"B"road base,a portion of the Granular"A"for a riding surface,together with the As Built drawings for that work. (b) Stage 2 - services shall include the balance of the road Works including granular, curbs and gutter, base asphalt, grading of boulevard areas, sidewalks, installation of street and traffic signs, conduits, piping and facilities for the completion of electrical servicing, street lighting and other utilities such as gas, telephone and Cable T.V,together with As Built drawings for that work. (c) Stage 3 - services including the fmal coat of asphalt, topsoil and sodding, trees, fencing and any other requirements of this agreement. 4.2 Inspection and Acceptance of the Works When all of the services in Stages 1,2, and 3 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 and/or municipal staff, the 10 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. The Developer acknowledges that the Municipality will not be required to perform any utility locates until such time as Preliminary Acceptance of the Stage 1 services have been completed and the Developer has provided the As Built drawings required for that portion of the work under this Agreement. 4.3 Final Acceptance of the Works On receipt of a written request from the Developer for final inspection and final acceptance following completion of the guaranteed maintenance period outlined in Section 5.1,the Municipality's Engineer will complete an inspection and if there are no deficiencies,will recommend to the Municipality that the Certificate of Final Acceptance be issued. This Certificate will be issued provided that the Developer has paid all accounts to the Municipality and the Municipality is: • Satisfied the applicable services have been completely installed; • Satisfied all repairs or maintenance work on the applicable services have been completed. 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 final 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. inclement weather and/or other adverse conditions. 4.5 Use of Works by Municipality The Developer agrees that: (a) The Works may be used prior to acceptance by the Municipality, or other authorized persons for the purposes for which such Works were designed. (b) Such use shall not be deemed an acceptance of the Works by the Municipality. (c) Such use shall not in any way relieve the Developer of its obligations in respect of the construction and maintenance of the Works so used. 4.6 Replacement of Survey Bars Prior to the final acceptance by the Municipality, the Developer shall deliver to the Municipal Clerk a statement from an Ontario Land Surveyor approved by the Municipality that after the completion of the work, he/she has found 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. 11 Notwithstanding the above,the Developer and Municipality agree that on connection of water distribution systems, the Municipality will then become the operator of said systems. This shall not relieve the Developer of any maintenance responsibilities under this Agreement. Any costs associated with the repair and maintenance of the water infrastructure during the warranty period as outlined in Section 5.2 of this Agreement shall be borne by the Developer. SECTION 5 --MAINTENANCE OF WORKS 5.1 Maintenance of Works The Developer will be responsible for the repair and maintenance of all services including hydro costs for street lights, until a Certificate of Final Acceptance is issued for the Stage 2 services 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 Director of Public Works 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. 5.2 Road Maintenance The Developer will be responsible for the maintenance of the roads until a Certificate of Final Acceptance is issued by the Municipality. Summer maintenance shall include grading,dust control and general clean-up of the site. Winter road maintenance shall include all plowing, sanding and salting to assure proper vehicular access within the Development. In the event that proper maintenance or snow removal is not provided by the Developer, the Municipality, through its servants, contractors or agents may provide maintenance and/or remove snow without notice to the Developer. Such work will be carried out at times deemed to be an emergency by the Municipality's Director of Public Works. All costs of such work shall be paid by the Developer within thirty(30)days of date of billing or otherwise may be deducted from the deposited securities. The Developer further agrees that any work done by the Municipality pursuant to this contract before the roads are accepted by the Municipality shall not be deemed in any way,to be an acceptance by the Municipality of the roads in the said Development upon which such work is done. The Developer acknowledges that the Municipality, in providing maintenance or during snow removal, may damage or interfere with the Works of the Developer and cause damage to such Works and the Developer hereby waives all claims against the Municipality that it may have arising therefrom and covenants that it will make no claim against the Municipality for such interference or damage. Representation may be made requesting that the Municipality consider entering into a separate agreement with the Developer to undertake the winter road maintenance within the Development. 5.3 Emergency Repairs Employees or agents of the Municipality may enter upon the Land at any time or from time to time for the purpose of making emergency repairs to any of the Works on behalf of and at the expense of the Developer. 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 its obligations under this Agreement. 12 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 the Developer is to provide and maintain adequate drainage of such surface waters. Satisfactory drainage outlets shall be provided. Drainage shall not impact adjacent landowners. Drainage outlets shall be constructed from the limits of the Development to a sufficient outlet in accordance with the approved engineering drawings. 6.2 Maintenance of Lot Grading The facilities and Works required by Section 6 shall be provided and maintained by the Developer or subsequent owner of each lot from time to time at such party's sole risk and expense. Should, for any reason, the Developer or subsequent Owner fail to maintain the lot grading, they acknowledge that the Municipality, or in the case of a subsequent Owner, the Municipality or the Developer may enter upon the said property at any reasonable time to correct any drainage issues. The cost/expense for any such remedial action completed by the Municipality shall be at the expense of the subsequent Owner and the Municipality may recover the cost of doing such remedial work in accordance with the provisions of Section 446 of the Municipal Act in the same manner as taxes. 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 Municipality, 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 in the Land Registry Office and deposited with the Municipal Clerk. The cost for preparation and registration of the said deeds shall be paid by the Developer. A list of lands for municipal purposes to be conveyed to the Municipality shall be set out in Schedule"F"of this Agreement. 7.2 Easements The Developer agrees to grant at its 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 "F"of this Agreement. 7.3 Turning Circles The Municipality may require the installation of temporary turning circles. Where such are required, the Developer shall convey easements to the Municipality for the purposes of providing the Municipality with sufficient land to construct said turning circle(s). The temporary turning circle shall be constructed in accordance with Schedule "C" of this Agreement. The Developer and the Municipality acknowledge that the easements shall be released to the owners in the event that the street is connected in the future. Such conveyance and release of the easements shall be completed at no expense to the Municipality. A list of said easements is included in Schedule "F" of this Agreement. 13 SECTION 8—ADMINISTRATION 8.1 Voiding Agreement In the event that the Site Plan Agreement and this Agreement are not registered in the land registry system within one year from the date of the signing of this Agreement,the Municipality may at its option declare this Agreement to be null and void. All costs incurred shall be deducted from the deposit paid by the Developer to the Municipality pursuant to this Agreement or any other agreement between the Developer and the Municipality referred to herein. 8.2 Developer's Expense Every provision of this Agreement by which the Developer is obligated in any way shall be deemed to include the words "at the expense of the Developer" and "as approved or accepted by the Municipality", unless specifically stated otherwise. 8.3 Phasing There will be no phasing in this Development. 8.4 Developer's Liabilities Until the Municipality has issued the Certificate of Final Acceptance for the Works, the Developer hereby indemnifies and saves harmless the Municipality against all actions, causes of action, suits, claims and demands whatsoever which may arise either directly or indirectly by reason of the Developer undertaking the Development. 8.5 Insurance The Developer shall insure against all damages or claims for damage with an Insurance Company satisfactory to the Municipality. Such policy or policies shall be issued in the joint names of the Developer,the Municipality and the Municipality's Engineer and the form and content shall be subject to the approval of the Municipality. The minimum limits of such policies shall be five million dollars($5,000,000.00) all inclusive,but the Municipality shall have the right to set higher amounts, as its sole discretion. 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 guaranteed maintenance period 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 it may be held responsible. 8.6 Legal Notice to Developer and Municipality Any notice required to be given hereunder may be given by fax, personal service delivered directly to the Developer or the Developer's engineer or by registered mail addressed to the Developer at its principal place of business, as identified in this Agreement or as provided by the Developer from time to time or as shown on the last revised assessment roll in the possession of the Municipality's Clerk, and shall be effective as of the date delivered or sent via fax or shall be effective, in the case of registered mail,the 5th day after the date the Notice was deposited in the Post Office. Any notice required to be given to the Municipality hereunder shall be given to the Municipality by registered mail to: Municipality of Kincardine 1475 Concession 5 RR#5 Kincardine, ON N2Z 2X6 ATTN: Clerk 14 8.7 Registration The Developer consents and authorizes the registration of this Agreement by the Municipality's Solicitor on title to the Lands, which said registration is at the sole discretion of the Municipality and all costs of registration shall be paid for by the Developer. 8.8 Mortgages/Encumbrances The Developer covenants and agrees to obtain and register, at its sole cost and expense, a postponement from each encumbrancer with a charge registered against title to the Land (or part thereof) so that notice of this Agreement shall be registered in priority to any such charge. Further, the mortgagee, if any, agrees that in the event of him assigning or transferring the mortgage on the lands,the assignment or transfer shall be subject to the terms hereof in the same manner as if the assignee or transferee had executed this Agreement. 8.9 Requirements for Building Permits The approval of the Plan by the Municipality or the acceptance by the Municipality of the Works shall not be deemed to give any assurance that Municipal building permits, when applied for will be issued in respect of the Lots or Blocks shown on the Plan. Notwithstanding the foregoing,the Developer agrees that it,or anyone claiming title from it or under its authority,shall not apply for any building permits for Lots or Blocks within the Plan until all requirements hereinafter set out have been carried out to the satisfaction of the Municipality. It is agreed that a copy of this Section 8.9 shall be delivered by the Developer to each and every Purchaser of Land within the Plan and to each and every Builder obtaining a Building Permit for any Lot or Block or part of a Lot or Block within the Plan and the Developer shall extract a covenant similar to this covenant from all such Purchasers and Builders. The Municipality shall have the right to refuse any such application until: (a) A certificate has been given by the Municipality's Chief Building Official that the building location is in compliance with the zoning By-law of the Municipality; (b) The signs denoting "Private Roads - Unassumed by the Municipality" have been installed at the entrances to the Development; (c) Payment to the Municipality in the amount of the current applicable Development Charge(s) per Lot or Block in the Plan under the Development Charges By-law of the Municipality, as amended from time to time; (d) 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 Building Code Act, 1992, S.O. 1992,c.23,and any amendments thereto and regulations thereunder with respect to the issuance of Building Permits. 8.10 Requirements for Occupancy Subject to Section 8.11 herein,no building erected on the Lots or Blocks within the Plan shall be occupied until a Certificate of Inspection re: Readiness for Occupancy has been issued by the Municipality's Chief Building Official and the said Certificate shall not be issued until: (a) Preliminary Acceptance has been granted for Stage 1 & 2 servicing for the phase of the Development including the Lot or Block. (b) The roadway from the entrance of the Development to and including the lot or block of which the building is a part,has received the base course asphalt. 15 (c) The electrical distribution plant including street lights have been installed and approved by the Utility Company. (d) The traffic and street signs have been installed and approved by the Municipality's Engineer. (e) The telecommunication utilities have been installed and approved by the Municipality's Engineer. (f) The Developer agrees that the preceding requirements in this Section are in addition to and not in substitution of the requirements of the Building Code Act, 1992, S.O. 1992, c.23, and any amendments thereto and regulations thereunder with respect to certificates for occupancy. 8.11 Right to Enter into an Agreement The Developer agrees not to call into question directly or indirectly in any court or administrative proceeding or action, whatsoever in law or in equity, 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 proceeding. The Developer acknowledges that the Municipality is entering into this Agreement and approving the Plan on the express representation of the Developer that it and its successors and assigns shall observe and perform all the provisions of this Agreement and that the Municipality is of the opinion that the Plan would not be in the public interest if the Developer, its successors and assigns, the owner or owners from time to time of the land within the Plan were not obligated to observe and perform all the provisions hereof except to the extent the Municipality may lawfully change them. 8.12 Successors and Assigns The covenants, agreement, conditions, and undertakings herein contained on the part of the Developer shall run with the land and shall be binding upon it and upon its successors and assigns as owners and occupiers of the said lands from time to time. 8.13 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. 8.14 Scheduling,Progress and Completion The Developer shall commence construction of services within eighteen (18) months of the signing of this Agreement or the depositing of the Plan in the Land Registry Office, whichever is earlier. Within eighteen (18) months of the date of commencement of the servicing of any phase,the Developer shall complete the installation of services. 8.15 No Municipal Liability This Agreement and the provisions herein do not give the Developer or any person acquiring any interest in the land within the Plan (each hereinafter in this clause called "such person"), any rights against the Municipality or the Municipality's Engineer with respect to the failure of any such person to perform any obligations under this Agreement or the failure of the Municipality to force any such person to perform any obligations under this Agreement or any negligence of any such person in the performance of the said obligations. 16 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 or the Municipality's Engineer to the Developer or any person acquiring any interest in the land within the Plan. 8.16 Assignment The Developer shall not assign this Agreement without ten (10) days prior written consent of the Municipality,which consent may not be unreasonably withheld. 8.17 Conflict In the event of any conflict between or among the plans and specifications relating to the construction of the Works, the Municipality's Engineer shall decide which provisions shall prevail. 8.18 Severability If any term, covenant or provision of this Agreement shall be found or declared by a Court of competent jurisdiction to be invalid, unenforceable or ultra vires, such term, covenant or provision shall be 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. 8.19 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. Any amendments to this Agreement shall be agreed upon by the parties in writing. 8.20 Further Assurances The Developer agrees that it shall and will,on the request of the Municipality,make, do, execute or cause to be made, done or executed all such further and other deeds, acts, things and assurances to ensure the full implementation of this Agreement and to satisfy the intention of the parties as set out in this Agreement. 8.21 Joint and Several All terms,covenants,provisions and obligations of the Developer in this Agreement shall be joint and several. 8.22 Headings The headings contained herein are for reference only. 8.23 Enurement This Agreement shall be binding upon and enure to the benefit of the parties hereto and Its respective heirs, executors, administrators, successors and assigns. 17 SECTION 9—FINANCIAL PROVISIONS 9.1 Development Charges,Drainage and Local Improvement Charges Development Charges shall be paid in accordance with the Municipality's Development Charges By-law, as amended from time to time. 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 Drainage Act, the Local Improvement Act and the Municipal Act presently servicing this property and assessed against it. 9.2 Securities Prior to registering this Agreement, the Developer shall deposit with the Municipality to cover the faithful performance of the contract for the installation of the 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 all of the Works as set out in Schedule"E"and as approved by the Municipality, 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, or (c) Some combination of cash and Letter of Credit,totaling 100%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 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. 18 (g) The amount for securities shall be submitted by the Engineer for the Developer to the Municipality's Engineer for review. The agreed upon security amount shall be inserted in Schedule"E"to this Agreement. The Municipality reserves the right, at any time, to review the amount of security deposited in light of the value of the work remaining to be completed for any current or subsequent phases of the project and to require an adjustment in the securities, such adjustment to be based upon any anticipated changes to site conditions or construction costs. 9.3 Reduction of Securities An application for the reduction of the security on deposit with the Municipality pursuant to Section 9.2 herein may be made no earlier than thirty (30) days after the commencement of construction of the Works and every thirty(30) clear days thereafter. (a) To obtain a reduction in security the Developer shall file with the Municipality's Engineer a written application in accordance with Schedule"J"attached hereto. (b) The application shall include written confirmation from the Developer's Engineer: • describing the Works constructed as at the date of the application and a calculation of the cost thereof. • 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 of the 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 Municipality confirming the amount of the reduction of the security and the amount of the security remaining on deposit with the Municipality. (d) The value of the reduction shall be based upon the value of the Works remaining to be completed by the Developer plus ten percent(10%)of the value of the Works completed to the date of the application. (e) Subject to any outstanding deficiencies or contingencies, the Municipality throughout the maintenance period shall hold as security the greater of ten percent (10%)of the estimate of the cost of the Works as set out in Schedule"E"or twenty thousand dollars($20,000.00). 9.4 Statutory Declaration of Accounts Paid The Developer agrees that upon applying for a discharge of securities or for a Certificate of Preliminary Acceptance for the services, it 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 shall forthwith take such steps to immediately discharge all Liens upon the services. 19 Notwithstanding anything to the contrary contained in this Agreement, the Developer hereby agrees that the filing of any liens pursuant to the said Construction Lien Act,with respect to the Lands shall constitute a default by the Developer of the terms of this Agreement and shall entitle the Municipality to draw on any or all of the security referred to in Section 9.2 of this Agreement and to utilize said draw to make payment into Court of the holdback together with costs. 9.6 Release Upon final acceptance of the Works, Council for the Municipality may by resolution or bylaw authorize a full and final release of obligations under this Agreement,at Council's sole discretion. SECTION 10—SPECIAL PROVISIONS 10.1 The Developer and the Municipality agree that the provisions set forth in the attached Schedule "G"form an integral part of this Agreement. SECTION 11 —FINALIZATION OF AGREEMENT 11.1 The Developer and Mortgagee(s), if any, hereby authorize the Municipality to add to Schedule "A" to this Agreement and to all deeds, easements and other documents delivered by the Developer to the Municipality to fulfil the terms of this Agreement, the number of the Plan once registered. SECTION 12—SIGNATURES IN WITNESS WHEREOF the parties hereto have affixed their hands and seals attested to by the hands of the proper officer duly authorized on its behalf Hugh/Jamieson Campbell and Janey Lousie Campbell 9C52_ Witness: lip a, , "{ (ic-,-)„,-e-e_c_Q_ THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 411.01 Ma fry • O We have authority to bind the Corporation Developer's Address: 624 Huron Terrace, Kincardine, ON N2Z 2H2 Developer's Telephone: 519-385-5500 20 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 PARK LT 2 E/S PARK ST TOWNPLOT OF PENETANGORE; PART PARK LT 1 E/S PARK ST TOWNPLOT OF PENETANGORE, DESCRIBED AS PART 2 ON 3R9998; MUNICIPALITY OF KINCARDINE; being all of PIN 33309-0449 [LT] 21 SCHEDULE "B" OF AGREEMENT Note: It is understood and agreed that this Schedule forms part of the Municipality's Agreement. Site Plans for the Development are available in the offices of the Municipality of Kincardine for review. 22 SCHEDULE "C" OF AGREEMENT Note: It is understood and agreed that this Schedule forms part of the Municipality's Agreement. MUNICIPAL SERVICING GUIDELINES The Municipal Servicing Guidelines published by the Municipality dated September 13, 2017, shall provide the basis of designing municipal services with the Development. The Municipality reserves the right, should those Servicing Guidelines be amended within three years of the date of registration of the first phase of any Development to require the Developer to alter its designs to satisfy those new Guidelines. 23 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. Roads restoration and driveway construction with asphalt paving and curb and gutter Q 2. Storm sewer replacement,new catch basin,new outlet and headwall 3. Sanitary forcemain connections to existing manhole Q 4. Water distribution connection,water meter and chamber Q 5. Utility obligations—electrical services,telecommunications Q Note: Works Required Denoted by Q 24 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 restoration and driveway construction $29,200.00 2. Storm sewers and related works 17,500.00 3. Sanitary forcemain connection and related works 11,000.00 4. Water connection and related works 10,000.00 Total construction $67,700.00 Allowance for Engineering Review 4,000.00 Subtotal $71,700.00 HST 13% (rounded) $9,300.00 $81,000.00 25 SCHEDULE "F" 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 Parkland-The Developer will dedicate to the Municipality the lands containing and adjacent to the existing municipal trail. LIST OF EASEMENTS TO BE GRANTED TO THE MUNICIPALITY None 26 SCHEDULE "G" OF AGREEMENT Note: It is understood and agreed that this Schedule forms part of the Municipality's Agreement. SPECIAL PROVISIONS The following special provisions apply to this Agreement: 1. Parkland Dedication—The Developer agrees to dedicate as parkland those lands currently used as a municipal trail. A reference plan will be completed to the Municipality's satisfaction.