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HomeMy WebLinkAbout19 094 Bluewater District School Board (River Lane) Development Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ,KBTy_ ( bi BY-LAW NO. 2019 - 094 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A DEVELOPMENT AGREEMENT BETWEEN BLUEWATER DISTRICT SCHOOL BOARD AND THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE WHEREAS the Planning Act, R.S.O. 1990, c. P. 13, as amended authorizes municipalities to enter into development agreements with landowners for development of land; 1111 AND WHEREAS Bluewater District School Board is the owner of Kincardine District Secondary School and proposed to make certain alterations to the site that include improvements within the River Lane road allowance adjacent to the school property; AND WHEREAS Bluewater District School Board and the Municipality of Kincardine entered into a Site Plan Agreement for the school site by By-law No. 1989 - 46 (Town of Kincardine) on May 1, 1989; AND WHEREAS the Council of the Corporation of the Municipality of Kincardine deems it advisable to enter into a development agreement with Bluewater District School Board; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Municipality of Kincardine enter into a development agreement with Bluewater District School Board, in the form attached hereto as Schedule "A". • 2. That the Mayor and Chief Administrative Officer be hereby authorized and directed to execute, aforesaid development agreement as well as any other documentation, including any Acknowledgement and Direction required and relating to the said development agreement. 3. This By-law takes effect from the date of passage by Council and comes into force and effect pursuant to the provisions of the Planning Act, 1990. 4. This By-law may be cited as the "Bluewater District School Board (River Lane) Development Agreement By-law". READ a FIRST and SECOND TIME this 8th day of July, 2019. READ a THIRD TIME and FINALLY PASSED this 8th day of July, 2019. 111 Mayor Clerk This is Schedule "A "to fly-Law No. q-a94 passed the 8 day of J",tly 2017 CORPORATION OF THE MUNCIPALITY OF KINCARDINE DEVELOPMENT AGREEMENT between BLUEWATER DISTRICT SCHOOL BOARD -and- THE CORPORATION OF THE MUNCIPALITY OF KINCARDINE Dated July 8 ,2019 The Corporation of the Municipality of Kincardine 1475 Concession 5,RR5 Kincardine.ON N2Z 2X6 19159 THE CORPORATION OF THE MUNCIPALITY OF KINCARDINE Section 1-Interpretation I 1.1 Definitions 1 1.2 List of Schedules 2 Section 2--Order of Procedure 2 Section 3--Installation of Works 2 3.1 General 2 3.2 Municipality's Legal.Planning,and Engineering Costs 2 3.3 Developer's Engineer 3 3.4 Works to be Installed 3 3.5 Approval of Plans 3 3.6 Notification of Commencement 3 3.7 Progress of Works 3 3.8 Contractor 4 3.9 Utility Costs and Charges 4 3.10 Access Roads 4 3.11 Damage to Existing Plant 4 3.12 Testing 5 3.13 Erosion and Silting Control 5 3.14 Emergency Access 5 3.15 Construction Refuse and Weeds 5 3.16 Dust Control 5 3.17 Contaminants 5 Section 4--Acceptance of Works 6 4.1 Inspection and Acceptance of the Works 6 4.2 Final Acceptance of the Works 6 4.3 Acceptance During Winter Months 6 4.4 Use of Works by Municipality 6 4.5 Ownership of Services 6 Section 5--Maintenance of Works 7 5.1 Maintenance of Works 7 5.2 Emergency Repairs 7 Section 6-Administration 7 6.1 Voiding Agreement 7 6.2 Developer's Expense 7 6.3 Developer's Liabilities 7 6.4 Insurance 8 6.5 Right to Enter into an Agreement 8 6.6 Successors and Assigns 8 6.7 Scheduling,Progress and Completion 8 6.8 No Municipal Liability 8 6.9 Assignment 9 6.10 Conflict 9 6.11 Severability 9 6.12 Amendment 9 6.13 Further Assurances 9 6.14 Joint and Several 9 6.15 Headings 9 6.16 Enurement 9 3 Section 7--Financial Provisions 9 7.1 Securities 9 7.2 Reduction of Securities 10 Section 8--Special Provisions-Schedule"M" 10 Section 9--Signatures 10 LIST OF SCHEDULES Schedule"A" -- Municipal Servicing Standards 11 Schedule"B" -- Description of Works to be Constructed 12 Schedule"C" -- Special Provisions 13 MUNCIPALITY OF KINCARDINE DEVELOPMENT AGREEMENT THIS AGREEMENT made in triplicate on the day ofJuly.2019 A.D. BETWEEN: BLUEWATER DISTRICT SCHOOL BOARD hereinafter called the"Developer"of the FIRST PART -and- THE CORPORATION OF THE MUNCIPALITY OF KINCARDINE hereinafter called the"Municipality"of the SECOND PART WHEREAS the Developer is the owner of the Kincardine District Secondary School and proposes to make certain alterations to the site that include improvements within the River Lane road allowance adjacent to the school property; AND WHEREAS the Developer and the Municipality have entered into a Site Plan agreement for the school site.dated May 1. 1989. AND WHEREAS the Municipality and the Developer to agree that the developer may construct and install certain municipal Works as hereinafter provided and herein referred to as the"Works" set out in Schedule"B"and to make financial arrangements with the Municipality for the installation and construction of required Works; 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 1.1 Definitions The terms defined in this Section 1.1 shall have the following meanings unless the context expressly or by necessary implication otherwise requires: "Agreement"means this Agreement titled"Development Agreement'. "Business Day"means any day that is not a Saturday.Sunday or statutory holiday in the Province of Ontario. "Certificate of Final Acceptance"means the certificate issued by the Municipality after satisfaction of the conditions identified in Section 4.2. "Certificate of Preliminary Acceptance"means the certificate issued by the Municipality after satisfaction of the conditions identified in Section 4.1. "Chief Building Official"or"CBO" means the Director of Building and Planning or the Chief Building Official,or designate for the Municipality of Kincardine. 2 "Developer"means.collectively,the Bluewater District School Board and their respective successors and assigns."Developer"where used in this Agreement includes an individual,an Association,a Partnership,or a Corporation and wherever the singular is used herein,it shall be construed as including the plural. "Director of Public Works" means the Director of Public Works or designate for the Municipality of Kincardine. "Municipality"means the Corporation of the Municipality of Kincardine and its successors and assigns. "Works"means the Works and services described in Schedule"B". 1.2 List of Schedules The following schedules are attached to and form part of this Agreement: Schedule-A" -- Municipal Servicing Guidelines Schedule"B" -- Description of Works to be Constructed Schedule"C" -- Special Provisions SECTION 2--ORDER OF PROCEDURE 2.1 Prior to starting construction of the Works,the Developer shall: (a) Have submitted and obtained approval of the Municipality's Engineer and/or the Director of Public Works of drawing for the Works,all to be done in accordance with the Municipal Servicing Standards of the Municipality: SECTION 3--INSTALLATION OF WORKS 3.1 General The Developer shall design,construct and install at his own expense and in good workmanlike manner Municipal Works to the servicing standards of the Municipality as set out in Schedule"A"to this Agreement. 3.2 Municipality's Legal and Engineering Costs (a) The Developer agrees to pay the Municipality's cost of the Municipal Solicitor and of the Municipality's Engineer's invoices for the checking of plans and specifications and for supervision and inspection on behalf of the Municipality. (b) The Developer shall be invoiced regularly by the Municipality for all costs incurred by the Municipality with respect to this Agreement 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. 3 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 provide the field layout,the contract documentation and the full time supervision of construction. (e) 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. Paper prints and digital versions of the"as built'drawings shall be submitted to the Municipality prior to the issuance of the Certificate of Final Acceptance. (f) To provide certification that the installation of Works 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. 3.4 Works to be Installed The Works to be installed are set out in Schedule"B"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 Works required by the Plan,the Developer shall, at his expense.construct, install or perform such additional Works at the request of the Municipality's Engineer. 3.5 Approval of Plans The detailed plans and specifications of all Works must be submitted by the Developer to the Municipality's Engineer for endorsement of approval and such endorsement of approval shall in no way absolve the Developer or its consulting Engineers of responsibility for errors in or omissions from such plans and specifications. 3.6 Notification of Commencement The Developer shall not commence the construction of any of the Works until the plan has been registered and the Developer has provided 72 hours written notice to the Municipality's Engineer of his intent to commence work. Should, for any reason,there be a cessation or interruption of construction,the Developer shall provide 72 hours written notification to the Municipality's Engineer before work is resumed. 3.7 Progress of Works The Developer shall install all Works in a timely manner,in accordance with the requirements of Schedule"A"and this Agreement. If he fails to do so,having commenced to install the aforesaid Works,fails or neglects to proceed with reasonable speed.or in the event that the aforesaid Works are not being installed in the manner required by the Municipality,then upon the Municipality giving seven(7)days written notice by prepaid registered mail to the Developer,the Municipality may.without further notice,enter upon the said lands and proceed to supply all materials and to do all the necessary Works in connection with the installation of the said Works,including the repair or reconstruction of faulty work and the replacement of materials not in 4 accordance with the specifications,and to charge the cost thereof together with an engineering fee of ten percent(10%)of the cost of such materials and Works to the Developer who shall forthwith pay the same upon demand. If the Developer fails to pay the Municipality within thirty(30)days of date on the bill,the money owing may be deducted from the cash deposit,letters of credit,or other securities. It is understood in the event that the Municipality must enter upon said lands and have Works completed or repaired due to situations as outlined above any or all original mylars and specifications prepared by the Developer's Engineer must be turned over to the Municipality's Engineer for his use should he require same. It is understood and agreed between the parties hereto that such entry upon the lands shall he as agent for the Developer and shall not be deemed for any purpose whatsoever,as an acceptance or assumption of the said Works by the Municipality. The Municipality,in addition to all other remedies may refuse to issue building permits until such Works are completely installed in accordance with the requirements of the Municipality. Without limiting the obligations of the Developer herein,if the Developer shall default on the performance of any term,covenant or provision of this Agreement and if such default shall continue for ten(10)days after the Developer receives written notice of such default by the Municipality(or such shorter time as may be required in the cases of an emergency or other urgent matters or as otherwise provided for herein),the Municipality may perform that obligation on the Developer's behalf and may enter onto the lands constituting the Plan for this purpose. If the Municipality is compelled or elects to incur any expense in connection with its performance of the Developer's obligations(including any engineering or legal fees incurred in connection with such actions),any reasonable costs so incurred by the Municipality,together with all interest thereon and any damages incurred,shall be payable 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 any Letters of Credit,cash or other security for the purpose of collecting any such expenses incurred by the Municipality. 3.8 Contractor The said Works shall be installed by an experienced,competent contractor or contractors retained by the Developer. 3.9 Utility Costs and Charges The Developer shall deal directly with all Utility companies. He or his Consulting Engineer,shall obtain all approvals and permits and pay all fees and charges directly to the appropriate Utility. 3.10 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 Municipal Clerk, not later than 14 days prior to the proposed closure,of the date,time and duration they wish to close a roadway. All costs for advertising the closure and signage shall be borne by the Developer. The Municipality reserves the right to limit or prohibit the use of any existing access road by the Developer. 3.11 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. 5 3.12 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 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. 3.13 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. 3.14 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. 3.15 Construction Refuse and Weeds The Developer,and each subsequent Owner of Lots or Blocks within the Plan,shall regularly dispose of all construction refuse,debris or weeds whether it be from site servicing or house building or any other source related to the development of the site, in an orderly and sanitary fashion. If the Developer or subsequent Owner of the Lots or Blocks within the Plan fails to remove and dispose of construction refuse,debris or weeds to the satisfaction of the Municipality's By-law Officer.the Municipality may give written notice to the Developer or lot Owner. If the Developer or each subsequent Owner of Lots or Blocks within the Plan fails to dispose of the refuse,debris or weeds within forty-eight(48)hours after receiving a written request from the Municipality to do so,the Municipality may.without further notice,undertake such removal and disposition and the cost thereof shall be paid by the Developer or each subsequent Owner of the Lots or Blocks within the Plan forthwith upon demand,which costs shall include all expenses incurred by the Municipality in carrying out such removal and disposition. The burning of construction refuse,debris of weeds,whether it be from site servicing or house building or any other source related to the development of the site on any lands within the Plan is prohibited. 3.16 Dust Control Until the Final Acceptance of all Works to be constructed under this Agreement,the Developer shall use such reasonable method to prevent any dust problem to traffic or home occupants as the Municipality shall deem necessary and for this purpose the Municipality's Director of Public Works shall notify the Developer in writing from time to time of the requirements of the Municipality. 3.17 Contaminants In the event the Developer discovers any waste,contaminants,pollutants,hazardous substances or any other similar substances that may be detrimental to the environment during the development of the lands constituting the Plan,the Developer hereby agrees to notify the Municipality and the Ministry of Environment.Conservation and Parks immediately and take all necessary steps and remedial efforts required by the Ministry of Environment.Conservation and Parks and the Municipality to remove such waste. contaminants,pollutants,hazardous substances or other substances that could be detrimental to the environment. In taking such action,the Developer shall fulfill all legislative requirements for the remediation and clean-up of lands constituting the Plan 6 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 Inspection and Acceptance of the Works When all of the Works have been completed and the Municipality's Engineer has been given written certification by the Developer's Engineer that such Works have been constructed in accordance with the approved plans and specifications in this Agreement and upon satisfactory inspection by the Municipality's Engineer,the Municipality's Engineer will recommend that the Municipality grant a Certificate of Preliminary Acceptance. This Certificate may include a list of minor deficiencies which the Developer must repair. The Works shall then be subject to a guaranteed maintenance period as described in Section 5.1. 4.2 Final Acceptance of the Works On receipt of a written request from the Developer for final inspection and final acceptance following completion of the guaranteed maintenance period outlined in Section 5.1,the Municipality's Engineer will complete an inspection and if there are no deficiencies,will recommend to the Municipality that the Certificate of Final Acceptance be issued. This Certificate will be issued provided that the Developer has paid all accounts to the Municipality and the Municipality is: • Satisfied the applicable Works have been completely installed; • Satisfied all repairs or maintenance work on the applicable Works have been completed. and the Municipality has: • Approved the formal certification of final completion from the Developer's Engineer certifying that all Works and services have been installed; • Received as-built drawings as detailed elsewhere in this Agreement. 4.3 Acceptance During Winter Months The Municipality will not be required to provide Certificates of Preliminary or Final Acceptance during the winter months or any other time of year when inspection of the Works and services is impractical due to snow cover or other adverse conditions. 4.4 Use of Works by Municipality The Developer agrees that: (a) The Works may be used prior to acceptance by the Municipality,or other authorized persons for the purposes for which such Works were designed. (b) Such use shall not be deemed an acceptance of the Works by the Municipality. (c) Such use shall not in any way relieve the Developer of his obligations in respect of the construction and maintenance of the Works so used. 4.5 Ownership of Works Upon the issuance to the Developer of the Certificate of Preliminary Acceptance,the ownership of the Works 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 Works are installed. 7 SECTION 5--MAINTENANCE OF WORKS 5.1 Maintenance of Works The Developer will be responsible for the repair and maintenance of all Works,until a Certificate of Final Acceptance is issued for the Works by the Municipality. This maintenance period shall extend for two(2)years from the date of the Certificate of Preliminary Acceptance for the Works. If during this period,the Developer fails to carry out maintenance work within seventy-two(72)hours after receipt of the request from the Municipality,then the Municipality's Engineer or Director of Public Works may,without further notice,undertake such maintenance work and the total costs of such work, including engineering fees,shall be borne by the Developer. If the Developer fails to pay the Municipality within thirty(30)days of the date of billing, then the money owing may be deducted from the deposited securities. Towards the end of the Maintenance Period,the Developer shall make written request to the Municipality for a final inspection to be made in respect to the issuance of the Certificate of Final Acceptance. 5.2 Emergency Repairs Employees or agents of the Municipality may enter onto the Land at any time or from time to time for the purpose of making emergency repairs to any of the Works. Such entry and repairing shall not be deemed an acceptance of any of the Works by the Municipality or an assumption by the Municipality of any liability in connection therewith or a release of the Developer from any of his obligations under this Agreement. SECTION 6--ADMINISTRATION 6.1 Voiding Agreement In the event that the Plan is not registered within one year from the date of the signing of this Agreement,the Municipality may at its option declare this Agreement to be null and void. All costs incurred shall be deducted from the deposit paid by the Developer to the Municipality pursuant to this Agreement or any other agreement between the Developer and the Municipality referred to herein. 6.2 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. 6.3 Developer's Liabilities Until the Municipality has issued the Certificate of Final Acceptance for the Works,the Developer hereby indemnities 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 Plan. 8 6.4 Insurance The Developer shall insure against all damages or claims for damage in an insurance Company satisfactory to the Municipal Clerk. Such policy or policies shall be issued in the joint names of the Developer,the Municipality and the Municipality's Engineer and the form and content shall be subject to the approval of the Municipality. The minimum limits of such policies shall be$5.000.000 all inclusive,but the Municipality shall have the right to set higher amounts. The said insurance policy shall include a provision that requires the insurance company to provide the Municipality with thirty (30)days notice of termination of such policy. The policy shall be in effect for the period of this Agreement including the period guaranteed maintenance pursuant to Section 5 of this Agreement. The issuance of such a policy of insurance shall not be construed as relieving the Developer from responsibility for other or larger claims,if any, for which he may be held responsible. 6.5 Right to Enter into an Agreement The Developer agrees not to call into question directly or indirectly in any proceedings whatsoever in law or in equity any administrative tribunal,the right to the Municipality to enter into this Agreement and to enforce each and every term,covenant and condition herein contained and this Agreement may be pleaded as an estoppel against the Developer in any such proceedings. The Developer acknowledges that the Municipality is entering into this Agreement and approving the Plan on the express representation of the Developer that it and its successors and assigns shall observe and perform all the provisions of this Agreement and that the Municipality is of the opinion that the Plan would not be in the public interest if the Developer,its successors and assigns.the owner or owners from time to time of the land within the Plan were not obligated to observe and perform all the provisions hereof except to the extent the Municipality may lawfully change them. 6.6 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. 6.7 Scheduling,Progress and Completion The Developer shall commence construction of Works within twelve(12)months of the signing of this Agreement or the registration of the Plan whichever is earlier. Within eighteen(18)months of the date of the signing of this agreement,the Developer shall complete all of the Works. 6.8 No Municipal Liability This Agreement and the provisions herein do not give the Developer any rights against the Municipality or the Municipality's Engineer with respect to the failure of any such person to perform any obligations under this Agreement or the failure of the Municipality to force 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 Municipality's Engineer under this Agreement do not in any way create any liability on the part of the Municipality's Engineer to the Developer or any person acquiring any interest in the land within the Plan. 9 6.9 Assignment The Developer shall not assign this Agreement without the prior written consent of the Municipality.which consent may not be unreasonably withheld. 6.10 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. 6.11 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. 6.12 Amendment Without in any way limiting the rights of the Municipality.the Developer agrees that the Municipality may,with the consent of the then registered owner of any land within the Plan,amend this Agreement insofar as it specifically affects such land or any part thereof. 6.13 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. 6.14 Joint and Several All terms.covenants,provisions and obligations of the Developer in this Agreement shall be joint and several. 6.15 Headings The headings contained herein are for reference only. 6.16 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. SECTION 7—FINANCIAL PROVISIONS 7.1 Securities Prior to signing of this Agreement,the Developer shall deposit with the Municipality. in lieu of the municipality's standard requirement of securities in the amount of 100% of the value of the works,to cover the faithful performance of the contract for the installation of the Works and the payment of all obligations and contingencies arising thereunder the amount of$20,000.00 in the form of cash or an irrevocable letter of credit. 10 Any Letter of Credit shall be for a minimum guaranteed period of one(I)year or such longer time as the Municipality may decide. Any Letter of Credit referred to in this Section shall contain the following clause: "It is a condition of the Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year from the present or any future expiration date thereof unless at least thirty(30)days prior to the present or any future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period" Unless each and every Letter of Credit is renewed as noted above,the Municipality shall have the absolute right to refuse to issue building permits and to prohibit occupancy of homes,whether partially or fully completed, from the said date thirty(30) days prior to the expiration of that Letter of Credit. 7.2 Reduction of Securities Upon completion of the Maintenance period for the Works and issuance of a Certificate of Final Acceptance,upon a request from the Developer,the Municipality will release all remaining securities. SECTION 8—SPECIAL PROVISIONS The Developer and the Municipality agree that the provisions set forth in the attached Schedule form an integral part of this Agreement. SECTION 9—SIGNATURES IN WITNESS WHEREOF the parties hereto have affixed their hands and seals attested to by the hands of the proper officer duly authorized on its behalf (The Bluewa r District School Board (Rob Cummings ( Title: Superintendent of Business ( I/We have authority to bind the Corporation (THE CORPORATION of THE MUNICIPAITY OF (KINCARDINE ( • �'� IIS (-C—lerk GAO ( We have authority to bind the Corporation Developer's Address: 351 1ST Avenue North Chesley.ON.NOG I LO 11 SCHEDULE"A"OF AGREEMENT Note: It is understood and agreed that this Schedule forms part of the Municipality's Agreement. MUNICIPAL SERVICING STANDARDS The Municipal Servicing Guidelines published by the Municipality dated September 15,2017, shall provide the basis of designing municipal Works with the Development. The Municipality reserves the right.should those Servicing Guidelines be amended within three years of the date of registration of the first phase of any Development to require the Developer to alter its designs to satisfy those new Guidelines. 12 SCHEDULE"B"OF AGREEMENT Note: It is understood and agreed that this Schedule forms part of the Municipality's Agreement. DESCRIPTION OF WORKS TO BE CONSTRUCTED The Works to be constructed under this agreement include those works on River Lane as shown on SRM Architects Inc..Project no. 19035.Drawing A1.1 -rIO,dated May 16.2019. The works include,but are not limited to,the following: • Two new Level 2,Type D Pedestrian crossovers,with appropriate signage and line painting. • Construction of new 1.5 m wide sidewalk on the westerly side of the River Lane from the southerly crosswalk,northerly to the existing sidewalk at South Street. • The installation of"No Parking—Bus Loading Zone—School Days"signs along the west side of River Lane between the 2 new cross walks. • Removal of the existing chain link fence along the westerly side of River Lane and replacement on property line,together with the installation of a new gate near the northerly end and a new access at the southerly end. • Some modifications of existing sidewalk on the school site adjacent to the municipal right of way. 13 SCHEDULE "C" OF AGREEMENT Note: It is understood and agreed that this Schedule forms part of the Municipality's Agreement. SPECIAL PROVISIONS The following special provisions apply to this Agreement: 1. Developer's Engineer Notwithstanding the requirements of this agreement wherein the Developer is to hire a Professional Engineer to complete specified tasks and certify the works,it is agreed that for the purpose of this agreement.the Developer may retain an Architect licensed by the Ontario Association of Architects to complete the specified tasks. 2. Security Notwithstanding the requirements of Section 7 of this agreement.the municipality has waived the requirement for securities to be posted by the developer. The developer agrees that it is bound by the requirements of this agreement to maintain the Works for a period of 2 years and make any necessary corrections to deficiencies identified by the Municipality at its sole expense.