HomeMy WebLinkAbout18 109 Bruce Power MCR (Gary Street) Site Plan Agreement By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
KBT
t
BY-LAW
NO. 2018 - 109
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN
AGREEMENT BETWEEN BRUCE POWER L.P. AND THE CORPORATION OF
THE MUNICIPALITY OF KINCARDINE
WHEREAS pursuant to a site plan agreement dated the 6th day of September,
2017 (the "Original SPA") between the Municipality and Ontario Peninsula Farms
Ltd. ("OPF"), OPF, as previous owner of the lands described as PART LOT 16,
CONCESSION A KINCARDINE, PARTS 1, 2, 1,& 4 3R10042; MUNICIPALITY
• OF KINCARDINE; being all of PIN 33303-0869(LT), did agree to undertake the
obligations of "Owner" in respect of the subject lands, all as more particularly
described in the Original SPA;
AND WHEREAS pursuant to a Transfer registered on November 24, 2017, OPF
transferred the subject lands to Bruce Power L.P.;
AND WHEREAS the Council of the Corporation of the Municipality of Kincardine
deems it advisable to enter into a site plan agreement with Bruce Power L.P. to,
inter alia, replace the Original SPA with the provisions of this Agreement;
AND WHEREAS the Planning Act, R.S.O. 1990, c.P. 13, Section 41, as amended
authorizes municipalities to address development through site plan control;
AND WHEREAS a Zoning By -Law Amendment for the said lands was approved
by the Council of the Corporation of the Municipality of Kincardine and came into
force and effect on September 6, 2017;
NOW THEREFORE the Council of The Corporation of the Municipality of
• Kincardine ENACTS as follows:
1. That the Municipality of Kincardine enter into a site plan agreement with
Bruce Power L.P., by its general partner Bruce Power Inc., in the form
attached hereto as Schedule "A".
2. That the Mayor and Chief Administrative Officer be hereby authorized and
directed to execute, aforesaid site plan agreement as well as any other
documentation, including any Acknowledgement and Direction required
and relating to the said site plan agreement.
3. That By-law No. 2017-118 of the Municipality of Kincardine is hereby
repealed.
4. 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.
0
•
•
Page 2 of 2
Bruce Power MCR (Gary Street) Site Plan Agreement By-law
By-law No. 2018 - 109
5. This By-law may be cited as the "Bruce Power MCR (Gary Street) Site Plan
Agreement By-law".
READ a FIRST and SECOND TIME this 5th day of September, 2018.
READ a THIRD TIME and FINALLY PASSED this 5th day of September, 2018.
(909P L..e
Mayor
Clerk
This is Schedule" A "to By -taw A
Nom passed the 5 day
of3,nP�-_Mbe/ 2014
SITE PLAN AGREEMENT
This AGREEMENT made this 5-Vh day of September, 2018.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality" of the First Part,
-and-
BRUCE POWER L.P.
hereinafter called the "Owner" of the Second Part.
UI
l,-, Original as 3 e�`,�
%? . bped, .c v .. .`lam- L lnei.
,-\N:--1 ` WHEREAS the Owner represents that it is the registered owner of those lands
in the Municipality of Kincardine, County of Bruce, described in Schedule "A"
attached hereto and forming part of this agreement;
AND WHEREAS the parties hereto agree that the lands affected by this agreement
are as set out in Schedule "A" attached hereto;
AND WHEREAS the parties hereto further agree that, notwithstanding this
agreement affects all of the land in Schedule "A", this agreement shall only be
registered against the lands set out in Schedule "B" attached hereto;
AND WHEREAS the Municipality has enacted a Site Plan Control Area By -Law
pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13,
as amended.
AND WHEREAS the Municipality has approved the plans and drawings submitted
with the Owner's application for site plan approval subject to certain conditions and
subject to entering into this agreement;
AND WHEREAS the Owner acknowledges that a financial contribution from the
Owner to the Municipality will be required in order to carry out development of the
facilities, works or matters of concern to the Municipality required to be addressed by
this Agreement and its appurtenant Schedules;
AND WHEREAS section 41 (10) of the Planning Act, R.S.O., 1990, c.P. 13, as
amended, permits the registration of this Agreement against the lands to which it
applies in order to secure the provision of works, facilities or matters referred to in
the Planning Act and the construction of the development in accordance with the
approved plans and drawings;
AND WHEREAS the covenants, agreements, conditions and understandings herein
contained on the part of the Owner and the Party of the Third Part, if any, shall run
with the land and shall enure to the benefit of and be binding upon the parties hereto
and their heirs, executors, administrators, successors and assigns, as the case may
Page 2
Site Plan Agreement
be, and shall be appurtenant to the adjoining highways in the ownership of the
Municipality.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of
the approval of the plans for the development on subject parcel of land by the
Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby
admitted, the Owner for himself and for all successors in title, HEREBY AGREES
with the Municipality as follows:
PART A — SCHEDULES
1. The following Schedules are attached hereto and form part of this Agreement:
1.1 Schedule W— Description of Land
1.2 Schedule 'B'— Land to which the Site Plan Agreement shall be
registered against
1.3 Schedule 'C'— List of Approved Site Plan Documents
1.4 Schedule 'D'— Site Development Requirements
1.5 Schedule 'E' — Development Agreement
PART B — GENERAL PROVISIONS
2. The parties to this agreement hereby agree that the Owner as herein stated is
the registered owner of those lands described in Schedule "A" to this
agreement and the lands affected by this agreement are as described in
Schedule "A" to this agreement, hereinafter called the "subject lands".
3. The Owner hereby releases the Municipality, its servants, agents and
contractors from any and all liability in respect of the proper maintenance and
operation of the matters and facilities required by this agreement.
4. The Owner consents and authorizes the registration and/or deposit of this of
this Agreement and any of its Schedules by the Municipality's Solicitors upon
the title to the lands identified in Schedule "B" in the Registry Office for the
County of Bruce, which shall be at the sole discretion of the Municipality. The
Owner agrees to pay any and all costs associated with the registration and/or
depositing of this Agreement or any other documents pertaining to this
Agreement.
5. The Owner will at all times indemnify and save harmless the Municipality on a
solicitor and client basis from all loss, costs and damages which the
Municipality may suffer, be at or be put to, for or by reason of the execution of
this agreement.
6. The clauses of this agreement are independent and severable and the striking
down or invalidation of anyone or more of the clauses does not invalidate all or
any of the remaining clauses.
7. Nothing in this agreement shall relieve the Owner from complying with all
applicable municipal requirements.
8. The Owner hereby grants to the Municipality, its servants, agents and
contractors a license to enter the "subject lands" for the purpose of inspection
of the works and the "subject lands" or for any other purpose pursuant to the
rights of the Municipality under this agreement
9. Once the Municipality of Kincardine has entered into the site plan agreement
with the owner, all subsequent documents binding the Corporation will be
executed by the Mayor & CAO.
10. The Owner agrees to obtain and register, at their own sole cost and expense a
postponement from each encumbrance with a charge registered against title to
the Land ( of part thereof) so that notice of this agreement shall be registered in
priority to any such charge.
Further, the mortgagor, if any, agrees that in the event of him assigning or
transferring the mortgage on the lands, the assignment or transfer shall be
Page 3
Site Plan Agreement
subject to the terms hereof in the same manner as if the assignee or transferee
had executed this Agreement.
11. If this agreement becomes null and void, the by-law will be repealed and the
Mayor and CAO shall be authorized to release the agreement.
PART C - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
12. The Owner agrees to undertake development on the "subject lands", at its sole
expense, in conformity with the site plan as detailed in Schedule attached
hereto, which shall hereinafter be referred to as the "approved site plan".
13. The Owner agrees to provide, install or otherwise abide by, at its sole expense,
the site development requirements as detailed in Schedule 'D' attached hereto.
13.1 In order to guarantee compliance with the Development Agreement
attached hereto as Schedule 'E' which agreement shall be executed by
the parties as a condition precedent to site plan approval, the Owner
covenants and agrees to file with the Municipality upon execution of
this Agreement, a letter or letters of credit in the amount of $1,757,000
as set out more fully in Schedule 'E' hereto.
13.2 The Owner hereby irrevocably acknowledges that the Municipality has
legal authority to require the payments set out in paragraph 13.1 above
and as required in Schedule 'E' — Development Agreement, attached
hereto and the Owner agrees that it shall be stopped from asserting in
any proceeding at any time that the Municipality had no such authority.
14. a) Upon completion of the development of the "subject lands" in
conformity with the provisions of this agreement, and provided the
Owner is in compliance with all Schedules attached hereto, specifically,
and without limitation the Development Agreement forming Schedule
'E' hereto, the CAO shall issue a certificate of compliance.
b) "Certificate of compliance" shall mean a statement of the Municipality as
to the substantial completion of the works, matters and facilities required
by this agreement and shall not be deemed to certify compliance with any
other municipal requirements, regulations, or by-laws, and the
municipality shall not be stopped from pursuing any or all its rights to
enforce the continuing obligations of the Owner under this agreement or
to enforce any other of the Municipality's requirements, regulations or by-
laws which relate to the subject lands.
15. The Owner hereby acknowledges that failure to complete all required works
within the specified time period shall mean a certificate of compliance will not
be issued until such work necessary to complete the development is done,
and that until such certificate of compliance has been issued, in the event that
the prescribed time period has lapsed, the Municipality has the right to refuse
issuance of any permit necessary to carry out any additional work on the
"subject lands".
16. All maintenance and repair of facilities and matters required by this
agreement shall be done by the Owner from time to time at its sole risk and
expense and the Owner agrees the "subject lands" will not impede or prohibit
performance of the maintenance provided for in this agreement.
17. The Owner agrees to maintain in good repair and at its sole expense the
subject lands" in conformity with the provisions of Schedule "C" (approved site
plan) and Schedule "D" (site development requirements), and all other
requirements pursuant to this agreement, and all repair or maintenance shall
conform with the requirements of this agreement as it applied to the original
development.
18. The Owner agrees that all vaults, containers, collection bins and other
facilities which may be required for the storage of garbage and other waste
Page 4
Site Plan Agreement
material shall be kept in accordance with the List of Approved Site Plan
Documents set out in Schedule "C", and further the Owner is responsible for
garbage removal.
19. The Owner agrees that, at its sole expense, all parking areas provided on the
"subject lands" shall be reasonably in all circumstances, maintained clear of
snow so as not to prohibit or block or in any way restrict access along any
driveway, walkway for vehicular and pedestrian traffic or reduce the number
of useable parking spaces below the minimum number of spaces required by
the Municipality's zoning by-law. The Owner agrees not to store snow on-site
such that it blocks visibility adjacent to a street or drainage facilities on-site or
where adequate drainage facilities are not provided or where melt water
would adversely affect an abutting property.
20. The Owner agrees to maintain at its sole expense and in good repair to the
standards acceptable to the Municipality all landscaped open space, private
driveways and complementary facilities, and private approach sidewalks
which are located on untraveled portions of Municipality -owned road
allowances abutting the subject lands.
21. The Owner agrees that all facilities and matters required by this Agreement
shall be provided and maintained at its sole risk and expense and to the
satisfaction of the Municipality and that in default thereof and in the sole
discretion of the Municipality, the Municipality may perform such requirements
at the expense of the Owner and such expense may be recovered by the
Municipality in like manner as municipal taxes within the meaning of Section
326 of the Municipal Act, R.S,O., 1990, c.M, 45, as amended.
22. The Owner agrees to do the following:
a) subject to The Public Transportation and Highway Improvement Act,
R.S.O. 1990, facilities, to provide access to and from the lands such as
access ramps and curbings and traffic direction signs;
b) to dedicate to the Municipality, free and clear of all encumbrances, all
Easements and lands required by the Municipality for the construction,
maintenance and improvement of any existing or newly required
watercourses, ditches, land drainage works and sanitary sewage
facilities on the land and, on request by the Municipality, to deliver the
properly executed documents in a form that can be registered, to the
Municipality in order to complete the dedication to the Municipality and
to pay all costs incurred by the Municipality in respect to the
aforementioned dedications. Such easements, if any, shall be set out
in Schedule 'F' to the Development Agreement;
C) to, where required by Municipal resolution, dedicate to the Municipality
widening of highways that abut on the land described in Schedule "A"
attached hereto, free and clear of all encumbrances.
PART D - DEFINITIONS
23. In this Agreement and the Schedules attached hereto:
i. "Building Area" shall mean the only area upon which the erection and
use of buildings and structures shall be permitted.
ii. "Land" or "Lands" shall mean the real property, the legal description
which is attached hereto as Schedule W.
iii. "Landscaped Open Space" shall mean the areas of open space
comprised of lawn and ornamental shrubs, flowers and trees and may
include space occupied by paths, walks, courts, patios but shall not
include parking areas, traffic aisles, driveways and ramps.
iv. "Parking Area" shall mean the areas of open space other than a street
to be used for the parking of motor vehicles and access ramps and
Page 5
Site Plan Agreement
driveways to areas used for the parking of motor vehicles which shall
be clear of buildings and structures except those accessory to the
operation of the parking area, and which shall be available and
maintained for the parking of motor vehicles including maneuvering
aisles and other space necessarily incidental to the parking of vehicles.
"Natural Open Space" shall mean the areas of open space which are
to remain in a natural state with a minimum amount of maintenance,
but shall not include areas of outside storage, parking areas, traffic
aisles, driveways or ramps, or Building Area, Natural Open Space
areas shall be subject to the requirements of the Maintenance and
Occupancy (Property Standards) By -Law as amended from time to
time for the Municipality and shall be kept clear of all weeds and
natural growth which is prohibited by other Municipal by-laws. Areas of
Natural Open Space may include areas of Landscaped Open Space.
PART E — REPLACEMENT OF ORIGINAL SPA
The Municipality and the Owner acknowledge and agree that, as of the date of this
Agreement, the Original SPA is terminated and superseded by this Agreement in its
entirety, with the intent and to the effect that all of the requirements of OPF, as
predecessor in title to the subject lands, are the obligations of the Owner pursuant to
this Agreement. In furtherance of the foregoing, the Municipality and the Owner
further agree that the performance of all of the obligations by or on behalf of OPF, as
the "Owner" under the Original SPA, up to the date hereof shall be deemed to have
been performed by the Owner under this Agreement for all purposes hereof.
Page 6
Site Plan Agreement
PART F — SIGNATURES
The covenants, agreements, stipulations, declarations and provisions contained
herein on the part of the Owner shall run with the lands and shall be binding upon
the Owner, its successors and assigns and the benefit thereof shall ensure to the
Municipality.
SIGNED, SEALED AND DELIVERED
in the presence of
Len Arnold
f�„�' Approved
+� 2018.08.3013:33:34
-04'00'
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
e - Mayor
U anon Chambers —
Chief Administrative Officer
We have authority to bind the
Corporation
BRUCE POWER L.P., by its
general partner BRUCE POWER
INC.
Name d h Soi i
Title: EV , Finance and Commercial Services
�0�
Name: Brian Hilbers
Title: Chief Legal Officer
We have authority to bind the
Corporation
Page 7
Site Plan Agreement
SCHEDULE `A'
Legal Description of Lands
PART LOT 16 CONCESSION A KINCARDINE, PARTS 1, 2,3 and 4 3R10042;
MUNICIPALITY OF KINCARDINE; being all of PIN 33303-0869(LT)
Page 8
Site Plan Agreement
SCHEDULE `B'
Lands for which this Site Plan Agreement shall be registered against:
PART LOT 16 CONCESSION A KINCARDINE, PARTS 1, 3 and 4 3R10042;
MUNICIPALITY OF KINCARDINE; being part of PIN 33303-0869(LT)
Page 9
Site Plan Agreement
SCHEDULE `C'
The "approved site plan" shall be the plan drawn by the Owner and marked as the
"approved site plan", signed by the Municipality's Chief Administrative Officer with
any changes marked in red and initialed by the Chief Administrative Officer and the
Owner. This "approved site plan" shall be filed with the Municipality's Chief
Administrative Officer.
Stantec, Site Plan SP -100, August 28, 2017
Stantec, Fire Access Plan SP -101, August 28, 2017
Stantec, Landscape Plan L-460, August 28, 2017
Stantec, Stormwater Management Facility Landscape Plan and Notes L-461, August
28, 2017
Stantec, Landscape Details and Notes L-500, August 28, 2017
Stantec, Existing Conditions and Erosion and Sedimentation Control Plan C-050 -
August 28, 2017
Stantec, Site Servicing Plan C-100, August 28, 2017
Stantec, Plan & Profile Access STA. 1+000 To 1+150 C200, August 28, 2017
Stantec, Plan & Profile Private Access STA. 1+150 to 1+325 C-201, August 28,
2017
Stantec, Site Grading Plan C-400, August 28, 2017
Stantec, Interim Grading Plan (Early Works) C-401, August 28, 2017
Stantec, Preliminary Grading Plan SWM Block C-800, August 28, 2017
Stantec, Site Lighting Photometric Analysis PMA -1, August 28, 2017
Stantec, Site Lighting Details PMA -2, August 28, 2017
Stantec, Site Lighting Cut Sheets PMA -3, August 28, 2017
Stantec, South and East Elevations A-201, August 28, 2017
Stantec, North and West Elevations A-202, August 28, 2017
Page 10
Site Plan Agreement
SCHEDULE `D'
SITE DEVELOPMENT REQUIREMENTS
1. The Owner agrees that the completion date for all work required pursuant to
this agreement shall be September 30, 2019 and provide the Municipality with
as constructed drawings.
2. The Owner agrees to prepare a grading and drainage plan acceptable to the
Municipality and all surface and roof drainage shall be controlled in
accordance with the approved plans in a manner satisfactory to the
Municipality. Final Grading Certificate completed by a Professional Engineer
or a Registered Ontario Land Surveyor, must be submitted.
3. The Owner agrees that any floodlighting of the land shall be installed in such
a manner so as to deflect the light away from adjacent streets and properties
or so controlled in intensity so as to prevent glare on adjacent streets and
properties.
4. The Owner agrees to ensure during development of the "subject lands" that
appropriate devices are installed and measures taken to prevent
unreasonable erosion of soil from the site by wind or water, and the Owner
agrees to abide by any request of the Municipality's Chief Building Official or
Engineer in this regard, acting reasonably.
5. The Owner agrees to ensure that all records relating to testing of municipal
water mains and sanitary sewers are provided to the Municipality prior to
connection to the Municipal system. The Municipality will conduct
Bacteriological sampling for the watermain at the owners expense.
6. The Owner agrees to install temporary fencing or otherwise adequately
protect all trees, shrubs and other vegetation which are to be retained, and
such fencing shall be located not closer to any trees than the drip line of such
trees, and the Owner agrees to abide by the requirements of the Director of
Public Works in this regard, acting reasonably.
7. The Owner agrees that any internal driveways which are necessary for, and
designated as, a fire route shall be so designed so as to carry the weight of
the Municipality's firefighting equipment and as per the Ontario Building Code.
8. The Owner agrees to provide all landscaping as shown on the "approved site
plan". All plantings shall be installed to the specifications and requirements as
indicated on the "approved site plan".
9. The Owner agrees that the site and building shall be designed so as to
provide unobstructed access for wheelchairs to at least one main building
entrance from the public sidewalk/street and one parking area by use of
sidewalk ramps of proper gradient and surfacing.
10. The Owner agrees to appropriately and properly finish all lands lying between
the "subject lands" and any and all abutting streets, which, without limiting the
generality of the foregoing shall include the following:
a. landscaping of lands lying between the street line and property line not
to be used for vehicular or pedestrian entrances with topsoil and
sod/seed.
b. installation of driveways of proper width and grade from the street line
to the property line with asphalt, concrete or other hard surfacing
acceptable to the Municipality's Engineer.
c. removal of existing driveways which are not to be used with
replacement by appropriate landscaping as detailed above.
Page 11
Site Plan Agreement
11. The Owner agrees to obtain a building permit within six (6) months from the
date of this agreement. Failure to obtain a building permit within the
prescribed time period shall mean this agreement is null and void.
12. The Owner agrees to provide payment for Development Charges in
accordance with the current Development Charges By-law of the Municipality.
13. The Owner agrees to provide Payment in -lieu of Parkland in accordance with
the current Parkland Dedication By-law of the Municipality, Planning Act
R.S.O. 1990,cP.13. Land shall be dedicated in the amount of two percent
(2%) of the Net land area. The Municipality, at its discretion, may accept the
payment of money up to the value of the land.
14. The Owner agrees that all driveways and parking areas as indicated on the
"approved site plan" shall be surfaced with asphalt, concrete, or other hard
surfacing acceptable to the Municipality's Engineer.
15. As part of its ongoing obligations on the site the Owner acknowledges that the
storm water basins will require maintenance. The Owner agrees to maintain,
clean, repair or if needed replace the basins and other storm water
management works to ensure the integrity of its operation. The Owner further
agrees that the Municipality or its agents will have the right to inspect and
assess storm water management works and order the Owner to comply with
its maintenance obligations.
16. The Owner acknowledges that they have a temporary construction access
granted by MTO and Municipality from Sutton Street for the term of
construction. Further approvals are required for permanent access.
17. The owner shall enter into a development agreement as it relates to the
development lands to provide future municipal services. Development Lands
being Part 1, 2, 3 and 4 on Plan 3R-10042. The Development agreement will
address items such as not limited to municipal services, securities, cost
sharing etc.
18. The owner agrees to dedicate to the Municipality, Parts 1, 2 and 4 on 3R-
10042. The land uses for the parts are extension of Gary Street and for the
stormwater management facility and booster pumping station.
19. The owner acknowledges and agrees that its obligations under this Site Plan
Agreement shall remain until it has satisfied all terms in this Site Plan
Agreement notwithstanding Parts 1, 2 and 4 on 3R-10042 may have been
transferred to the Municipality.
20. The owner agrees to provide the Municipality with "as constructed" drawings
for the works that consists of all underground works including storm sewer
and storm management facilities, sanitary sewers, and watermains prior to
the connection to Municipal services.
21. The owner agrees to provide the Municipality with "as constructed" drawings
for the works that are to be dedicated to the Municipality.
22. The owner acknowledges in order for the development to have access onto a
Municipal Road (Gary Street) the Municipality will establish Block Q Plan M-1
(1.0' reserve) as road. All costs for the registration will be paid for by the
owner of the development.
23. The Municipality's Chief Administrative Officer may agree in writing to minor
variations to provisions of this agreement. Please note that all major
variations must be approved by Council in the form of a Site Plan amendment
to this agreement.
Page 12
Site Plan Agreement
SCHEDULE `E'
DEVELOPMENT AGREEMENT
See attached.
HE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
DEVELOPMENT AGREENIENT
between
BRUCE POWER L.P.
-and-
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Dated 2018
The Corporation of the Municipalit\ of Kincardine
1475 Concession 5. RRA
Kincardine. ON N2Z 2X6
THE CORPORATION OF THE NIUNICIPALITY OF KINCARDINE
SectionI - Interpretation..............................................................................................................1
1.1 Definitions....................................................................................................................1
1.2 List of Schedules...........................................................................................................2
Section2 -- 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 Engincer...................................................................................................4
3.4
Works to be Installed....................................................................................................5
3.5
Approval of Plans.........................................................................................................5
3.6
Notification of Commencement...................................................................................5
3.7
Progress of Works.........................................................................................................5
3.8
Scheduling of Works....................................................................................................6
3.9
Contractor.....................................................................................................................6
3.10
Utility Costs and Charees.............................................................................................6
3.11
Access Roads................................................................................................................6
3.12
Movement of Fill..........................................................................................................6
3.13
Damage to Existing Plant.............................................................................................7
3.14
Signs.............................................................................................................................7
3.15
Testing...........................................................................................................
...............7
3.16
Erosion and Silting Control..........................................................................................7
3.17
Emergency Access........................................................................................................7
3.18
Construction Refuse and Weeds...................................................................................7
3.19
Dust Control..................................................................................................................8
3.20
Municipal Street Numbers............................................................................................8
3.21
Contaminants................................................................................................................8
Section 4 -- Acceptance of Works.................................................................................................8
4.1
Stages of Construction and Services.............................................................................8
4.2
Inspection and Acceptance of the Works.....................................................................9
4.3
Final Acceptance of the Works.....................................................................................9
4.4
Acceptance During Winter Months..............................................................................9
4.5
Use of Works by Mtmicipalit\.....................................................................................9
4.6
Replacement of Survey Bars........................................................................................9
4.7
Ownership of Services................................................................................................10
Section 5 -- IN'laintenance of Works............................................................................................10
5.1 Maintenance of Works................................................................................................10
5.2 Road Maintenance......................................................................................................10
5.3 Emergence Repairs.....................................................................................................1 l
Section 6 -- Drainage and Landscape Design............................................................................I 1
6.1 Drainage......................................................................................................................11
6.2
Preservation of frees..................................................................................................I1
6.3 Maintenance of Lot Grading.......................................................................................I l
Index (cont'd)
Section 7 -- Lands to be Conveyed.............................................................................................11
7.1 Lands for Municipal Purposes....................................................................................1 l
7.2 Easements...................................................................................................................12
7.3 Turning Circles...........................................................................................................12
Section8 -- Administration.........................................................................................................12
8.1
Voiding Agreement....................................................................................................12
16
8.2
Developer's Expense.............................................................................................12
8.3
Phasing........................................................................................................................12
8.4
Developer's Liabilities..........................................................................................12
8.5
Insurance.....................................................................................................................12
8.6
Legal Notice to Developer..........................................................................................13
8.7
Registration.................................................................................................................13
8.8
Mortgages/Encumbrances...........................................................................................13
8.9
Requirements for Building Permits............................................................................13
8.10
Requirements for Occupancy.....................................................................................14
8.11
Right to Enter into an Agreement...............................................................................14
8.12
Successors and Assigns..............................................................................................14
8.13
Scheduling. Progress and Completion........................................................................14
8.14
No Municipal Liability...............................................................................................15
8.15
Assignment.................................................................................................................15
8.16
Conflict .......................................................................................................................IS
8.17
Severabilitv.................................................................................................................15
8.18
Amendment.................................................................................................................1
5
8.19
Further Assurances.....................................................................................................1
8.20
Joint and Several.........................................................................................................15
8.21
Headings.....................................................................................................................16
8.22
Enurement...................................................................................................................16
Section 9 -- Financial Provisions.................................................................................................16
9.1
Development Charges. Drainage and Local Improvement Charges ..........................
16
9.2
Securities.....................................................................................................................16
9.3
Reduction of Securities...............................................................................................17
9.4
Statutory Declaration of Accounts Paid.....................................................................17
9.5
Construction Lien Act.................................................................................................18
9.6
Release........................................................................................................................18
Section
10 -Special Provisions
- See Schedule"H"................................................................................................18
Section 11 -Finalization of Agreement.....................................................................................18
Section12 --Signatures................................................................................................................19
Index (cont'd)
LIST OF SCHEDULES
Schedule "A" -- Description of Lands Being Dei eloped ..............................................................20
Schedule ••B.. -- Plan of Development...........................................................................................2I
Schedule -C" __ Municipal SerN icing Standards...........................................................................22
Schedule ••D" -- Checklist of Works to be Constructed................................................................23
Schedule '•E•' -- Itemized Estimate of Costs of Construction of Each Part of the Works .............2=4
Schedule •'F" — List of Lands for Municipal Purposes to be Conveyed to the Municipality ........25
Schedule "Ci' - Application for Reduction of SeCUrlt.................................................................26
Schedule'`FI" Special Pro%isions...............................................................................................27
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
DEVELOPMENT AGREEMENT
THIS AGREEMENT made in triplicate on the day of . 20_ A.D.
BETWEEN:
BRUCE POWER L.P.
hereinafter called the "Developer'
-and—
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the '`Municipality"
Im
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. con eying. or leasing it for the
purpose of an office building and training centre.
AND WHEREAS the Municipality and the Developer have entered into a Site Plan Agreement
("Site Plan Agreement') and the parties acknov� ledge and agree that it was a condition precedent of
the Site Plan Agreement that the parties execute the within Development Agreement at or about the
time of entering into the Site Plan Agreement:
AND WHEREAS the Municipality and the Developer are desirous of entering into an Agreement
to satisfy the conditions of the Site Plan Agreement.
AND WHEREAS the Municipality requires dedication of a road and future Stormwater
Management lands, as shown in Schedule "B". (hereinafter called the "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 as a condition of Site Plan approval.
AND WHEREAS the Developer is required to meet all conditions of the Site Plan Agreement.
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.
SECTION 1 —INTERPRETATION
2
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 Saturda} . Sunday or statutory holida. in the Province
of Ontario.
"Certificate of Final Acceptance" means the certificate issued bN the NlunicipalitN after
satisfaction of the conditions identified in Section 4.3.
"Certificate of Inspection Re: Readiness for Occupancy" means the certificate issued bN the
Municipality after satisfaction of the conditions identified in Section 8.10.
"Certificate of Preliminary Acceptance" means the certificate issued by the Nlunicipality 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
BuildingOfficial, or designate for the Nlunicipality 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. Bruce Power L.P. and its 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, the legal description of Mlich is attached as
Schedule "A".
"IMunicipality" means the Corporation of the Municipality of Kincardine and its successors and
assigns.
"Municipal Act" refers to the llhinicipcd .-Ict, 2001. S.O. 2001, c.25 and any amendments thereto.
"Owner" means the Owner of a lot or block and maN include the --Developer
"Plan" means the plan of development relating to the Land as identified in Schedule B".
"Works" means the Works and services described in Schedule "D".
1.2 List of Schedules
The following schedules are attached to and form part of this Agreement:
Schedule "A" -- Description of Lands Being Developed
Schedule "B" - Plan of Development
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
3
Schedule "F" -- List of Lands for Municipal Purposes and Easements to be Granted to
the Municipality
Schedule "G" -- Application for Reduction of Security
Schedule -H- -- 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 Plan to the Municipality (the "Plan''). The Plan is attached hereto as
Schedule B.
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 ,Vunicipal Act including outstanding sc%> er rates and/or water
rates.
(c) Provide proof of postponement of any encumbrances on the Lands.
(d) Deposit with the Municipality's Solicitor, copies of this Agreement executed by the
Developer. to be executed by the Municipality and retained b)the Municipality's
Solicitor for registration as hereinafter provided.
(e) Deliver to the Municipality's Solicitor written authorization to register this
Agreement or Notice of this Agreement 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.
2.3 Prior to starting construction on the Services, the Developer shall:
(a) Have submitted and obtained the written approval of the Municipality's Engineer
for the following 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.
(b) 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.
(c) Submit to the Municipal Engineer a completed Form I and supporting
documentation for approval of the Water Distribution System.
(d) 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.
2.4 Prior to the issuance of building permits the Developer shall:
(a) Have complied with all requirements of Section 8.9.
2.5 Prior to any person occupying any building, the Developer shall:
(a) Have complied with all the requirements of Section 8.10 and Section 2.0 of
Schedule -H" 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 iYlunicipality for all costs incurred
by the Municipality with respect to this Agreement pursuant to Section 3.2 (a).
(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 b[unicipality, 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.
0) To take such other actions as may be required by the Municipality. acting
reasonably. for the completion of the development in accordance with this
Agreement and good engineering practices.
3.4 Works to be Installed
The Works to be installed are set out in Schedule "D" to this Agreement. This schedule is
to set out the Works in general terms only and shall not be construed as covering all items
in detail, If at any time and from time to time during the development. the Municipality's
Engineer is of the opinion that additional Works are necessary to provide adequately any
of the public services required. 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
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 Nvith 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
o\\ in-, 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 Municipalit} . 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 Municipalit}.
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 the right to
draw down an} Letters of Credit, cash or other securit\ 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 N(unicipality's Engineer a Schedule of
Works setting out the order in which it considers the various sections of the Works 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 b} 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 at least 1.2 m x 1.8 m shall be erected by the Developer in an approved location at
each entrance to the Development. The signs shall read as follows:
"Road Not �'Issztmed b , .11unicipality - Use at Your Own Risk".
These signs shall be installed prior to the start of construction and be removed after all the
roads have received a Certificate of Final Acceptance.
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
Nlunicipalit}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 fi•om 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 he 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) 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.
(b) All costs related to Lot. Block or building numbering shall be the responsibility of
the Developer.
3.21 Contaminants
In the event the Developer ciiscovers 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 Enyiromnent and Climate Change
immediately and take all necessary steps and remedial efforts required by the Ministry of
the Environment and Climate Change and the Ntunicipality 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
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 booster pumping
station, 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 �%ith As Built drawings for that work.
(c) Stage 3 - services including the final 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 Stage I and 2, or in Stage 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
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 I 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 fi-om 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:
10
(a) The Works may be used prior to acceptance by the Municipality, or other
authorized persons for the purposes for which such Works were designed.
(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 SLIrvCyor 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.
Notwithstanding the above. the Developer and lvlunicipality agree that on connection of
water distribution systems. the Municipality will then become the operator of said
systems. The parties further agree that if Parts 1 and 4. 3R-10042 are transferred to the
Municipality prior to the issuance of the Certificate of Final Acceptance. this shall not be
deemed as an acceptance of the Works by the Municipality and shall not relieve the
Developer of any maintenance responsibilities under this Agreement. Any costs
associated with the repair and maintenance of the Nvater infrastructure during the Ntiarranty
period as outlined in Section 5.2 of this Agreement shall be borne by the Developer.
SECTION 5 -- MAINTENANCE OF WORKS
5.1 INlaintenance of Works
The Developer �Nill 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 txN o (2) years tram
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. �x ithout 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. The Developer further acknowledges and
agrees that if Part 2. 3R-10042 is transferred to the Municipality prior to the issuance of
the Certificate of Final Acceptance. this shall not be deemed as an acceptance of the road
by the Municipality and shall not relieve the Developer of its obligations. maintenance or
otherwise. under this Agreement.
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 %N ithout 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 vyay. 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 ofthe 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
Employecs 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.
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 �yaters 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 eaters. 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 Preservation of Trees
The Developer shall strive to preserve healthy trees. except for the actual area of
road�say construction, the installation of services, or the areas within the building
envelope. No additional trees shall be removed without the Municipality's Director of
Public Works' written permission. The development may be subject to the Natural
Heritage Designation and/or an individual Environmental Impact Study. Where
appropriate, special provisions may be included in Schedule''I" of this Agreement.
6.3 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
12
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 Hunicipal Act in the same manner as taxes.
SECTION 7 -LANDS TO BE CONVEYED
7.1 Lands for Municipal Purposes
The Developer shall convev in fee simple a good title tree fi-om encumbrances to the
Municipality. lands for municipal purposes. 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 vlunicipality . 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 Aareement.
The Municipality acknowledges that the road described in Schedule F is not being conveyed
to the Municipality through the registration of a plan of subdivision pursuant to s. 26.5. of
the Witnicipal ,4cl. The conveyance of the road described in Schedule F will therefore occur
on a date mutually agreeable to the Developer and Municipality. and no later than 30 days
following the issuance of a Certificate of Fined Acceptance by the Municipality. and such
conveyance may be conditional on the Municipality enacting a bylaw establishing the road
as a public highway pursuant to Section 26.2. of the Municipal Act.
7.2 Easements
The Developer agrees to grant at its expense all such easements and rights-of-way as may
be required for the installation and supply of services to the Development. A list of
easements and rights-of-way 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" ofthis Agreement.
SECTION 8—ADMINISTRATION
8.1 Voiding Agreement
In the event that the Site Plan Agreement is rendered null and void this agreement shall
also be null and void.
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
13
There will be no phasing of the servicing of 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 ivlunicipality. 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 police 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 b-, 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
RR45
Kincardine, ON T\12Z 3X6
ATTN: Clerk
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 ofthis 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
14
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.
Nom ithstanding 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. 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 "Roads Unassumed bye the .Ueinicipaliti" have been installed at
the entrances to the Development;
(c) The site plan agreement has been signed.
(d) 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;
(e) 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 .let.
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 l and 2 servicing for the
Development.
(b) The electrical distribution plant including street lights have been installed and
approved by the utility company.
(c) The traffic and street signs have been installed and approved by the Municipality's
Engineer.
(d) The telecommunication lines have been installed and approved b) the
ivhmicipality's Engineer.
(e) 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 Flet.
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
15
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 Scheduling, Progress and Completion
The Developer shall commence construction of services within eighteen (18) months of
the signing of this Agreement. Within eighteen (18) months of the date of commencement
of the servicing of any phase. the Developer shall complete the installation of the Stage 1
and Stage 2 services. In any phase, the top coat of asphalt shall be completed within
twenty-four (24) months of preliminary acceptance of Stage 2 of the services; unless
written consent altering this condition is received from the Municipal Engineer. Failure to
adhere to the above schedule may result in the Municipality completing the Works in
accordance with Section 3.7 of this Agreement. If the development is phased, the date for
commencement of construction on the balance of the phases may be delayed for up to five
(5) years. Failure to commence construction within the time schedule above may result in
the Municipality declaring this Agreement to be null and void.
8.14 No Municipal Liability
This Agreement and the provisions herein do not give the Developer or an} 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 Municipalit} '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.
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 Nlunicipalit}'s Engineer under this Agreement do not in any «av create
am liability on the part of the Municipality or the Municipality's Engineer to the
Developer or an}person acquiring any interest in the land within the Plan.
8.15 Assignment
The Developer shall not assign this Agreement without ten (10) days prior written
consent of the Municipality, which consent may not be imreasonabl� withheld.
8.16 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.
8.17 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.
8.18 Amendment
16
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.
8.19 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.
8.20 Joint and Several
All terms. covenants, provisions and obligations of the Developer in this Agreement shall
bejoint and several.
8.21 Headings
The headings contained herein are for reference onl\.
8.22 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. For greater certainty.
and notwithstanding the registration of this Agreement against title to the Lands, the
Developer acknowledges and agrees that it will not be released form any of its obligations
under this Agreement unless the Municipality enters into a development assumption
agreement with any subsequent owner or developer in a form satisfactory to the
Municipality at its sole discretion.
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 A111nicipal 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 Dei eloper agrees to commute and pay the Municipality's
share of any charges made under the Drainage .-let, 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 Ntunicipality 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:
17
(a) Cash in the amount of One Hundred Percent (100%) of the estimated cost oral I 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°/x) 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 autoi natically
extended without amendment fi•onz year to year from the present or anv future
expiration date thereof, unless at least thirty (30) dgvs prior to the present or anv
future expiration date, 1ve notes yor in writing by registered mail that ive elect not to
consider this Letter of Credit to be renewable for anv additional period. "
(f) Unless each and ever} 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.
(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 -G- 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.
18
(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 .1ct. R.S.O. 1990. c. C.30. and will otherwise indemnify and sage 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.
Notwithstanding anything to the contrary contained in this Agreement. the Developer
hereby agrees that the tiling of any liens pursuant to the said Consa-uction 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 application by the developer. the Municipality will review the completion of the
developer's obligations under this agreement and if satisfied that all obligations are
fulfilled, The Municipality of Kincardine will enact a bylaw to release the developer from
the agreement.
SECTION 10 —SPECIAL PROVISIONS
10.1 The Developer and the Municipality agree that the provisions set forth in the attached
M
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.
20
SECTION 12 -SIGNATURES
IN WITNESS WHEREOF the parties hereto have affixed their hands and seals attested to by the
hands of the proper officer dul} authorized on its behalf.
THE CORPORATION OF THE MUNICIPALITY OF
KINCARDINE
Mayor - Anne Eadie
Chief Administrative Officer -Sharon Chambers
We have authority to bind the Corporation
BRUCE POWER INC.
Name:
Title:
I have authoritN to bind the Corporation
BRUCE POWER L.P.. by its general partner
BRUCE POWER INC.
Name:
Title:
Name:
Title:
We have authority to bind the Corporation
Developer's Address:
Developer's Telephone•
Developer's Facsimile:
21
SCHEDULE "A" OF AGREENIENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's Agreement.
DESCRIPTION OF LANDS BEING DEVELOPED
PART LOT 16 CONCESSION A KINCARDINE: PARTS 1, 2.3 & 4 3R10042:
MUNICIPALITY OF KINCARDINE; being all of PIN 33303-0869(LT)
22
SCHEDULE "B" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's Agreement.
PLAN OF DEVELOPMENT
Parts 1, 2, 3 and 4 on Plan 3R10042 dated November 212017. as filed NNith The Corporation
Of the Municipality of Kincardine and is available in the offices of the Ivinnicipality of
Kincardine for review.
23
SCHEDULE "C" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's Agreement.
MUNICIPAL SERVICING GUIDELINES
The Draft Municipal Servicing Guidelines published by the Municipality dated May 8. 2017. shall
provide the basis of designing municipal services with the Development.
24
SCHEDULE "D" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Nlunicipality's Agreement.
CHECKLIST OF WORKS TO BE CONSTRUCTED
1. Site preparation. erosion and sediment control X
2. Roads complete with asphalt paving and curb and gutter X
3. Storm Water Management Plan. storm sewers and private drain connections X
d. Sanitary sewers and building connections to the lot line X
5. Water distribution system, booster pumping stations. fire protection and
Building connections to the lot line. X
6. Grading and requirements of a site grading plan X
7. Electrical distribution system and an electrical service X
S. Street lighting X
9. Utility obligations — telecommunications x
10. Sidewalks X
11. Topsoil and sod on boulevard from property line to curb X
Note: Works Required Denoted by -- X
25
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
Item Amount
1.0 Site preparation. erosion control 24,000
2.0 Roads 276.000
3.0 StormN%ater management facility. storm sewers 649,000
4.0 Sanitar\ sewers 109.000
5.0 Water distribution . booster pumping stations. and
appurtenances 298.000
6.0 Electrical/street lighting 97.000
Total Construction Cost - Municipal Works 1.453.000
Allowance for engineering site re\ ie�N and administration 102.000
Subtotal 1.555.000
HST (rounded) 202.000
TOTAL SECURITY S 1,757,000
26
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
• A Block of land for StormN�ater Management Facilities and a Water Booster Pumping
Station. being Part 1 and Part 4 on Schedule B
• A Block of land for road dedication for the extension of Garr Street. being Part 2 on
Schedule B
LIST OF EASEMENTS TO BE GRANTED TO THE MUNICIPALITY
• None
27
SCHEDULE "G" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's Agreement.
APPLICATION FOR REDUCTION OF SECURITY
To: (Name of Municipality's Engineer). Engineer. of
Developer: (Name of Developer)
Agreement: (Date of Agreement)
Property : (Legal Description of Property)
Application No. (Specify number of application)
The undersigned, (Name of Developer's Engineer) being the Developer's Engineer. hereby
confirms that the Works constructed as at the date of this Application have been installed by the
Developer under the full time supervision of the Developer`s Engineer and in accordance with the
requirements of the Agreement bem een the Developer and the Nlunicipalit}.
The Works installed to the date hereof and the calculation of the cost thereof are detailed in the
schedule attached hereto.
Further, the undersigned Developer's Engineer hereby confirms that the Works remaining to be
constructed as at the date of this Application and the calculation of the estimated cost thereof are
also detailed in the schedule attached hereto.
This Application is given and delivered to the Municipality's Engineer �%ith frill knowledge that
the Nlunicipality's Engineer and the Municipality will rely upon the information contained herein
in granting a reduction of the security held by the Municipality pursuant to Section 9.2 of the said
Agreement affecting the above property.
DATED at . Ontario this day of .20
Signature of Developer's Engineer
Name of Developer's Engineer
SCHEDULE "H" 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:
I. Financial Contributions:
a. The Developer — In addition to the construction of all utilities and
services as outlined in this agreement on the development site, agrees to
find the following Works to be done on its behalf by the Municipality:
50% of the cost of the sidewalk on Philip Place from Gary Street
easterly to the nursing home, to a maximum of $12,500, and
provided that the sidewalk is completed by the Municipality no
later than December 31, 2018, otherwise the Developer's
contribution shall be 0%.
ii. 100% of the cost of the road widening beyond the normal
8.5 m. for turning lanes on Gary Street..., up to a maximum of
$15,000.
iii. 100% of the cost of the Multi -use trail to be constructed on the
westerly side of Gary St. from Sutton to the north limit..., to a
maximum of $30,000.
iv. 100% of the cost of enhanced painting and signs for the
pedestrian crossing on Gary Street on the north side of the Philp
Place intersection..., to a maximum of $5,000.
v. Billing for the above Works will be provided by the
Municipality upon completion of the items.
b. The Developer, as part of its landscaping contract for the development of
its site will plant trees along the boulevard of Gary Street of species and in
locations to the satisfaction of the Director of Public Works.
c. The Municipality — will be responsible for the following Works:
Reconstruction of Gary Street to an urban cross section to the
standard 8.5 m width. The islands will be removed.
Construction of water distribution and sanitary sewer collection
services off site to the north end of Gary Street for connection by
the Developer.
iii. A sidewalk along the entire length of the easterly Gary street right
of way from Sutton Street to the southern limits of Gary Street.
2. As required in Schedule "F" of this agreement the Developer is required to convey
the lands for the Gary Street extension and for the Stormwater Management and
Booster Pumping Station site. Such conveyance shall be completed:
a. Prior to commission of the water distribution system, and
b. Prior to occupancy of the proposed building.
The Municipality shall operate the water distribution system upon
commissioning