CORPORATION OF TH E TOWN OF RENfREW SY-LAW NO. 6-2017 Being ill By-law to authorize the Mayor and Cieri( to execute a Subdivision Agreement with M. Wilson Home Devel opment Ltd., In relation to the property desa1bed as being Part of Lots 10 and 11, Concession 3, Town of Renfrew WHEREAS Section 51 of the Planning Act, R.S.O. 1990, CHAPTER P.l3, permits approval authority to Impose such conditions to the approval of a plan of subdivision as In the opinion of the appro val authority are reasonable, having regan:! to the nature of the development proposed for the subdivision; WHEREAS the County of Renfrew Issued the Change of Conditlons for the Drilft Plan of Subdivision relating to Hunter Gate Subdivision Phase 4 on June 7"", 2016; WHEREAS one of tne Conditions of Draft Approval Issued requires that the Ow ner, M. Wilson Home Developments Ltd., agrees, by entering into a Subdivision Agreement, to satisfy all requirements, flnanclill and otherwise, of the Town of Renfrew, Including but not limited to, the provision of roads, Installation of services, pump station, Iltlllt1 es and drainage, NOW THEREFORE the Coundl of the Corporation of the Town of Renfrew enacts as follows: 1. II:!AI the Mayor and Cl erk be and are hereby authorized to execute a Subdivision Agreement with M. Wilson Home Development Ltd ., Stlbject to the final IIpprovai by the Department of Development and Works. 2. IHAI this By-law shall take effect and come into force Immediately upon the passage thereof . Read a nrst and second time this 24'" day of January, 2017. Read a third and nnal ti me this 24'" day of January, 2017. Kim RWmer, Clerk
Transcript
CORPORATION OF THE TOWN OF RENfREW SY-LAW NO. 6-2017
Being ill By-law to authorize the Mayor and Cieri( to execute a Subdivision Agreement with M. Wilson Home Development Ltd., In relation to the property desa1bed as being Part of Lots 10 and 11, Concession 3, Town of Renfrew
WHEREAS Section 51 of the Planning Act, R.S.O. 1990, CHAPTER P.l3, permits approval authority to Impose such conditions to the approval of a plan of subdivision as In the opinion of the approval authority are reasonable, having regan:! to the nature of the development proposed for the subdivision;
WHEREAS the County of Renfrew Issued the Change of Conditlons for the Drilft Plan of Subdivision relating to Hunter Gate Subdivision Phase 4 on June 7"", 2016;
WHEREAS one of tne Conditions of Draft Approval Issued requires that the Owner, M. Wilson Home Developments Ltd., agrees, by entering into a Subdivision Agreement, to satisfy all requirements, flnanclill and otherwise, of the Town of Renfrew, Including but not limited to, the provision of roads, Installation of services, pump station, Iltlllt1es and drainage,
NOW THEREFORE the Coundl of the Corporation of the Town of Renfrew enacts as follows:
1. II:!AI the Mayor and Clerk be and are hereby authorized to execute a Subdivision Agreement with M. Wilson Home Development Ltd., Stlbject to the final IIpprovai by the Department of Development and Works.
2. IHAI this By-law shall take effect and come into force Immediately upon the passage thereof.
Read a nrst and second time this 24'" day of January, 2017.
Read a third and nnal t ime this 24'" day of January, 2017.
c_~(@;;;G~:-;:z=-_ Kim RWmer, Clerk
SUBDIVISION AGREEMENT
PART OF LOTS tOANO II;AND PART OF ROAD ALWWANCE BETWEEN LOTS 10 AND 11 (FRONTING CONCESSION 3)
TlIb AgTffmcllt made in quadrup!ieatc this t9,~ daror ~Mj 2017.
BETWEEN:
M.WILSON HOME DEVELOPMENTS LTD.
850 O' BrieD Road, UnIt 2, Rtllfrew (Olltarlo) K7V 4A6
Hereinafter called the "Owner"
OF THE FIRST PART
AND
THE CORPORATION OFTH!:: TOWN OF RENFREW
127 R. gllUI Street $Qat .... Renfrew (Oatario) K7V I"
Hereinafta called the "Town"
OF m E SECOND PART
WHEREAS ne PkDlning Act, Chapter P. 13, R.S.O. 1990, authorize a municipality to enter into agrctments imposed Q I condition ofapprowl or. Plan ofSubdivimon;
AND WHEREAS M , WIl SON HOME DEVELOPMENTS LID. is the Owner in feesimpleofthe lands desc:ribed in Schedule -A" attached hereto and shown in heavy outline on the Plan of Subdivillion atW:bc:d haeto as Schedule "B' free from c:ncwnbrances except 11$ hereinafter tel. forth and the Owner proposes to subdivide the lands by means of I Registered Plan creating Lots and Bloch, and has applied to the Corporation of the Town of Renfrew for approval of a Plan of Subdivision and one of the a.JOditions which must be aarufied before sud:! approval is gnnted i. that the Owner must Ctlter into. SuMivillion Agreement with the Town;
AND WB.EREAS !he Owner has applic:d to the County of Renfrew for the approval of I. plm of subdivision, issued by Draft Plan Approval on September IS, 1992 ilIId changed the conditions of draft approval on June 22, 2006, September 24, 2009, May 18, 2012 and Jastly on JWlC 7, 2016, based on the revised red-lined plan, dated Docemba" 18, 2015;
, AND WHEREAS the Owna and the Town have IIgJ"CI:Id to certain matters hereinafter expressed relating to the planning and development oCthe Lots and Blocks;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in C(lIIS;deration of the recitals. the mutual COVcn&llts and a:mditions hereinafter expressed and the rele8Se of the Plan ofSllbdivision OOValng the lands, the parties agree as follows:
I. DEflNITIONS
Unless !he oontext otherwise requiIes, where used ha'dn;
I) Ille first asphalt coune over the granular base; b) mC8llll the Chief Building Official of the
;;n.;;;; for the time being or such other person or ptniOns designated by him;
c) "TOWN CLERK" means tbeCler\:oftheCorporntionoftheTown of Renfrew for the time being or 5uch otha" penon or penons designated by him;
d) "TOWN" shal l mean the Corporation oflhe Town ofRcnfrew and shall include any employee: or agent aulhorizcd by the Council of the !ll.id Town 10 act on its behalf;
e) "'TOWN ENGINEER" means the Direetoroftbc Department of Development and Worts for the time being or such odie.- person OTpcr5OIl!I designated by him;
f) "TOWN SOLICITOR" means the Solicitor for the Corporation of the Town of Renfrew for the time being or suclt othef pet'SOll or persons designated by him;
g) "TOWN TREASURER" mC8/lll the Trcasura orthe CorpoJ1Ition oCthe Town of Renfrew for the time being or such other penon or persons designated by him;
h) "CQUNCa" means the Council of the CQrporatiOll of the Town ofRmfrew; i) the has fully usumed, by
j) the k) I) the parties of the First Pan their beiffl,
and assigns and agenu thereof suboonttaetor canying out the worb for or on behalf of the Owna: or Ownen:;
m) "PJU!L\MINARY ACCEPTANCE" means the time when the Owna: has ,uccessfull)' completed an)' particular Works related to Ihu. Agreement and that the Town has completed a preliminary inspection and iuued • certificate of preliminary -= n) " ROADS" shall mean those public roadsoranypartorpartsthereof, anydaylighting triangles aDd any areas or road wKlming shown as laid out on the Plan of Subdivirion. The usc of "street" or "Public Highway" shall be synon)'lIlOllB with "road";
0) "SERVICES" includes sewers. municipal wat« supply, drainage works to an approved outlet, roads, curbs, sodding, sidewalks. walkwll)'S, fencing, streetlights, $In!Ct name . igns, traft"K: signs aDd other works that are the responsibility of the Ownu.
p) "SUBDIVISION" means the laDdsdescribed in Schedule "A" and shown in heavy outline OIl the Plan attacbed hereto as Schedule "8";
q) " means the second lift asphalt wbcr'e two (2) arc specified. r) . and thinp required by thi s
be supplied or constructed.
SlIIbdMIion ""..,. .• HUDler Gale· "-.(
• 2. SCHEDULES
The sclledules listed below are included in the Subdivi$ion Agreement:
Desaiption ofilUlds to which this Agreement applies Plan ofSubdivillion Time Schedule for Works Special Conditions Hard and Soft copies 10 be provided Reports and Studies Pl~
Sign Charge$. Temporary Signs and Truck Route TT8I1$fers of Lands for Public Purposes and Easements Fonn of Letter of Cn:dit f$mated Cost of Worb Buildil'lg Restrictions and Development Charges Required Wording ofO:rtificate of Liability Insurance Consmt of Chargee
a) The lands 10 which this Agreement shall apply are the lands dcsaibod in SchmuJe ' A' annexed hm:to and shown on. Plan of Subdivision annexed hereto as Schedule "8" and no amendments shall be made thcn:tQ without the wriHtn OOIl$CllI ofthc Town.
4. TIME FOR DEVELOPMEr<IT OF SUBDIVISION
a) The Owna ac1mowledgel that he shall, subject 10 the provisions of Ihill Agreemmt develop and make available for constr\lCtion the lou des<:n"bed. in SchmuJe "S" as within those time limits set out in Schedule ·C".
5. SCOPE OF WORK
a) The Owna shall construct and install all Worn set forth in chis Agreement wi thin the time limits provided in the Schedule "C". All of the said Works shall be eomlrUd.ed and completed at the expense of the Owner and in a manner satisfactoJy to the Town.
Ii. PROSECUTION OF WORK
a) If, in the opinion of the Town, the Owner is 001 prosecutilli or causing to be prosocuted the work required in eonnection with this Agreement within the specified time, or ao that it shall be comp[eted within the specified time, or ill improperly performing the work, or should the Own« neglect or abandon any of the work before its completion, or unreasonably delay the same so that the conditions oflhis Agreement are being violated or carelcs&y executed, or in bad faith or should the Owner neglect or fail 10 renew or agai n pcrfOfDl such wolk as may be rejected by the Town as being or having become defective or unsuitable, or should !he Owner fail to carry out any maintenance roquired underthill Agreement, or should the Owner in any manner, in the opinion of the Town, make default in the performance of lilly of the lerms ofth~ Agreement, then in any such case the Town shal l promptly notify the Owner and its sumy, in writing. of such default, failure, delay or neglect, and if ,uch notification be without effect for 5eVen (7) clear days after such ootice, then in thaI case the Town shall themJpon have fun authority and power immediately to pIIJChase such malerials, tools and maclIinery and to anploy such worlanen as in his opinion sbal.I be required for the proper completion of the said work
, mthe cost and upeDSe of the Owner Of its surety Of both. When in the opinion of the Town the case is one of emergency, then the work maybe done wi thout notice. The 00Sl of such work shall be calculated by the Town whose decision shall be final. It is wtderstood and agrood that such costs shall include an administration (ceofH)%. of the labour and IIllItcriai value and the value for the dislocation and inoonvc:nience ell',,", to the Town as a result of such default, failure, deJay or neglect on Ihe plll't of the Owner. it being hereby declaTed and agreed that the ftS5Umplion by the Owner of the obligations set out in this clause is a consideration without which the Town would not have executed this Agreement. Nothing in thi, c\1UISe shall require the Town Of CQuncil 10 carry out any such work or rnaintenat\cc whatsoever.
b) All of the Works shal l be installed slrictly in IlCC()rdance with the specificatiollll approved by the Town and 85 provided in this Agrcunent. It is UIldenlood and agreed thaI written approval ofthe Town, in a fonn determined solely by the Town, is required prior 10 any departure from the specificatiOIlll of the said Scbc:dules being undertaken.
c) The Owner shall not call into question, directly or indirectly, in any proceeding whatsoever, in law or in equity, or before any administrative tribunal, the right ofthc Town to enter into this Agreement and to enforce eacb and every term, wvenanl and C()ndition herein oonlaincd.
d) The Owner agrees that its obligation to construct or insull the Worb, as I'D:jWrOO by this Subdivision Agreemeot, shall not be assigned to any party who purchases land on which • residence has been constructed.
7. OWNER TO PROVIDE PLANS, SPEC IFICATIONS AND DRAWINGS
a) The Owner sbaIl prepare and provide at ru. own cosl, all plans, specifications, calcu1lUions, contours, or other information pertaining to the Works which may be required by the Town, and shall also prq!8n and submillo the Town, c:stirnates of the casu of the Works logether with the proposed fonn of contract documents.
b) The Owner shall submit any proposed changes 10 any of the docurnmts referred 10 in clause 7, section "a~ or any other docurnmts req uiring the approval of the Town or its designated officials to the Town or the Town as required for their approval prior to making any such change.
c) The Owna shall be respomible for the design and rupavision of conmuction of the Works in the Subdivision and shall be subject 10 the approval of the Town. The Owner shall, rubjcclto prior approval of the Town, employ competent mginctrs regislered with the " Association of Professional Engineers of Ontario" who shan :
I. design; 11. prepare the necessary spcci ficatiollli for.
iii. obtain the f'eN"5sary approval in COT1j unction with the Town for; IV. supervise the ooostruction of; v. mainlain 1111 records of construction relating to;
vi. prepare and furnish soft and hard copies orall plans and drawings of; VII. prepare and furnish hard and soft copies of all Works, plans, specifications or
otbtr information pertaini ng \.0 the said Woms, plans or spccificalioru! 11$ may be required by this Agreement and lIS requested by the T OWIl, as provided in Schedule "E";
VIII. prepllTe and furnish hard and soft copies of u-built drawings as described in Schedule "E".
The ToWII may in its absolute di!lCl'dion permit the Owner to dispense with any of the requirements of this clause.
.. •
d) No contract shall be awarded and no work oommmced without the prior written approval of the Town.
c) 1lIc Owner shall have CQll1pe!enl engineering penonncl on si te during the period of oonstruetion to supervise the work. Should it be found that such personnel an: not on site or are DOt perfonning their duties in l manner utisfactofy to the Town, the Town may order al l work in the project to be stopped
8. OBLIGATIONS OF OWNER
a) II il understood and agreed thaI examination and ~ce of drawinp, specifications and contract documents by the Town does nOlrdieve the Owner of its obligation 10 construct all serviCCII and Works strictly in acrordance with standard enttineering requirements.
9. f1NANClAL OBLIGA nONS 0.-THE OWNER
.) lhcOwnercovcnants and agrees topaytheTown, priorto issuance bytbeToWII ofllDY l~er or other document whereby the Draft Plan would be released forregistration, all of the following:
i . Any outstanding municipal property lUes.
b) The Owner covenants and agrees to pay the full cost and upense orall the following items and in the event thai the Town shall inCUl'" any cost or expense in rdation lben:to, to reimburse the Town to the full amount thereof upon demand therefor:
1. The full cost and expense of such tests as an: required by this A~1. II. The full 0051 and C1\pen5e of restoration and reinstatement of Work! as provided
h<rem. i ii. The full cost and expense of maintenance orthe Wons installed pW'Sllant 10 IhlI
Agreement prior 10 final acceptance of me Work. by the Town.
e) The Owner covenanl.'l and agrees 10 pay 10 the Town any costs and expenses incum:d by the Town as a result of any damag.: 10 equipment (except for nonnal wear and tear) owned by the Town whi le engaged in providing mainlenanoe or restoration of any ofthc Works installed pumJ8nt 10 this Ageement.
d) The Owner covenants and agrocs 10 pay 10 the Town intere<rt. at the rate of lS% per annum on all amounl.'l of money due 10 the Town as provided herein and which are unpaid 30 days after demand therefor.
e) The Owner shall bear all orits cosu and expaues in relation to all aspocts of the plan of Subdivision and this Agreement.
10. COPIES OF CONSTRUCTION CONTRACI·S
a) The Owna agrees to submit to the Town immediately if requested, copies of all proposed and executed contracts relating 10 the eonstruction of the Wotb. The Owner further agrees that be shall maintain on the construction site or at their business office located at 8S0 O'Brien Road. Unit 2, Renfrew (Ontario) K7V 4A6, at all times, copics of all plan,., skdches, a8Jl'CmCD1.'I1LIld conlnlcl5 required by this Agreement ILIld any plans, sketches, agr=nents and con!ncts relating 10 the Subdivision and lands being subdivided.
, 11 . INSPECTION AND STOP WORK
a) The Town shall have the right.t all time 10 inspect the installation of Worts. If at any time the Town i, of the opinion that Works are not being carried 0\11 in aa:ordance with approved plans and specifications Of in aooordance with good engineering practice. the Town may Slop aU or any part of the work until it has been placed in satisfactory condition.
12. TESTING
a) The Town may have: the Owncr conduct any qual itative: and quantitative tests includiJl&, but not limited to,,, video C8IllCfll examination mllde of any materials, (:(Instruction or SIrUCt\.U"e which have been or are proposed to be used in the oonstruction of any of the Works required by this Agreement, Of may requi~ ~I , asphalt, ooncme. wal(l" exfiltration ICSts and the cost ofsuch tests shall be at the expense of the Owner. A
qual ified testing laiM.Jntory or video camera eJClIID.ination Cl)mpaDY acceptable to !he Town shall be anployed for these Works.
b) The Owner !!hall furnish all such soil tests as may be required by \he Town within the Subdivision or outside the Subdivision as may be required by and within such time as is requited by !he Town.
Il. DRAINAGE AND LOT GRADlNG
a) The Owna shall construcl in acoordance with Schedule -0" aU WOfb which are necess ' ry to provide proper drainage of all lands included in the Subdivision and adja.;ent ll111ds which drai n through the Subdivi,ion, and includingany Worts DOOCSSaI)'
for ~ to an outlet outside the Subdivision, in ~ce with Schedule ·0·. Such Works shall be OOTI5tr\1C100 acccrding to plans approved bytbe Town and before the execution of this Agrocment the Owner !!hall submit to the Town fur his approval the required gBding plaru containing the following information:
I. The existing contoun: and final elevations at all 101 comers. u. The final elevations I I \he centre line of each road It I spacing of25 metres or
len and at all street intenectiolU. m. The finished ground elevation at the building line. iv. The finished fi"'l floor elevation. v. The fini.shed elevation of all critical points such as catch ba$ins, beyond \he street
line. Yl. ArroW3 indicating direction of flow of all surface water.
vii. The 10000tion and details ofa!llwales. viii. The location and detail. of all surface water outlru. ix. [)«ailod requirements sbown on Orawinp. x. Detaiil of all Works 10 be carried out upon the lands including and without
limiting the generality of \he forcgoill& specifieatiOl1$ of !he sttueturos to be Cl"Cded upon \he lands, details of all construction, landscaping. buildings, structure, etc.: it il being understood !hat any structure, amstruction, IIltmrtiOl1$ of elevations ofJands, landscaping and anyother Works carried out upon the said lands shall not interf~ with the general drainage: scheme of the lands in the surrounding area and shall ensure \he proper drainage: of al l lands in the ftTeI
including those lands being built upon: !he Town may at any time rcqum that the details of the proposed structure, construction, landscape, alteration o(]ands, etc. be modified to ensure proper drainage as afOre$Bid.
The required grading plans nay be amended from time to time by the ()wn(r upon receiving written approval from the Town.
'" When required by the Town approved grading plan, backyards shall be graded so that all surface drainage shall be diroctcd 10 the roads in accordance wid! the approved grading plans and where the rear part of any lot or block is low, the Owner shall fill it, to enable !he surface drainage to now to the road Of' construct such facilities as will conduct it to the storm sewer. In all cases the Owner sba.IJ. at its own expense, maintain sufficient interim dBinagc and outlets to provide adequate drainage until pavement bas been constructed and ac:cqncd by !he Town, including the installation and rernoval of culveru when required by the TO .... 'll.
b) ThcOwner shall construct all Worb whichare,..........·oryto provideproperdrainage and grading of all lands included in the Subdivi$ion in acoordaooe with the geotechnical investiption and slope stabilityevalua1ion described in SclIedule "F" which sets limits on the amount of fill 10 be placed in the Subdivision.
c) The Owner, fOl' himself, his IlICCCUOT1 and _ ips Ulldertakcs and agrees that within thirty-six (36) month$, of the date oCw execution aflbis A~ al l abutting loll! and open lands upon whidl oonstruction Iw not been oornmenced win be filled and graded as n ..... e .. a")' to provide positive drainage towardtlhe road or ClIisting limn at its own expense. Where rights 10 the said lots have been soldor othcrwisctr'aruifcmd, the Owner covenants and agrees 10 enli:mx: Ihesc provisions by way of a condition in the Agreemcut of sale or transfer.
d) The Owner COVClWl!S and agrees thai the Deed ofConveyanee by the Owner of any lot within the Subdivision shall contain the following proWlion which provision sh.1l be inoorporated in all deeds from the Owner with !be express intent that it shall be • covenant running with the lands fur the benefit of the lands in the Subdivision WI I
building 5Chcme:
"Forthe benefit ofall the lands within the Plan of Subdivision, the PUI"Cha$er, roc hinudf, his hcirs, e:tecutors, SUCCCUOl S, administrators and assigns, covenants and agrees that tho ravine slopes have been identified tI.I have a low factor of safety and that no development or site alteration shall oocur and no vegetation shall be disturbed in any way within the Limit of Hazard Lands as shown on IIppTOvcd Omding PIIlI1lI GP-I tI.I GP-4, inchl$ively, prepared by Stante(: Consulting Ltd., Revision 4 (August 4th, 2016). The express intent of this covenant is that the same ahaIllUn with tbc\and5 and will benefit all lands within the Subdivision by providing propel" and adequale slope stability."
14. NON-INTEIU"ERENC[ WITn EXISTING DRAIN"S
a) 'The Owner covenants and agrees that no!: tI.I interfere in any way with any existing drain or watc:r ooune, without the written permission of the Town. The Owner agrees thai the granting of mdI pamission shall not relieve the Owner of his respDO!Iibility for any damage caused by such interference and the Owner will indemnifY and save the Town harmless against any claims brought .pmt the Town relatirJi to such damage;
b) The Owner covenants and agrees that the Deed of Conveyance by the Owner of any 101 within the Subdivision shall oontain the following provision which provision shall be incorpon!.ted in all deed!! from the Owner with the express intent that it shal l be a covenant nmning with the lands for the benefit of the lands in the Subdivision as a building !ldJeme:
"For the benefit o f all the lands dedicated to the Town and owned by the Town for municipal streeu and parks within the Plan of Subdivision, the PurcbasC"r, for himself, his heirs. CllcculOrs, suc«:ssors, administrators and assigns, covenants and agrees Ihat he will not alter the slope of the lands described herein nor
SIi>dMIion Ai, .... ,1tiIt • Hwoter G.= · "'-.(
" intcrlere with 1liiy drains est.blished on the said 1ands, tltcqn in ~cc with thcestablishod gnldes without the prior written ooosmt of the Town furtbtr thai the Transferee shall maintain any such a1tcn.tions so approved by the Town. The express intent of this covenant i. that the lIIIme shall run with the: IlUlds and will baldi! all landa within the Subdi vision by providing proper and adequate: drainage.·
In the event that the Town shall be desirous of enforcing the foregoing covenant against any grantee or transferee the Town may take action lIS the circurn!ltancc:!l may rajuire..
15. CONSTRUCTION OF ACCESS ROADS
a) The Owner shall as and whefe required by the Town (:(III$tJUd and maintain ~ road! to the SlI;IJdivision for the purpose of construction of scvices and buildings. It shall be the Owner's responsibility 10 maintain lhe roao:.b to the Town'l gtisfaction which IUaintenance shall include supply and pJlcingofdust palliative and ranovi ntl mud and other materials carried out on paved strt:d8 within and adjoining the Subdivision (including f1WIhing oftbc said streets) until such time lIS the Town has ful1yassumcd the responsibility for al l roads and services in the Subdivision. The Owner, insofar as the COII$IIUCtion tnflic arising from the wort. of this Subdivision is ooncemcd, shall reguJate and police the use of temporary acoess routes and shall not permit the use of any previously accepted residential streets adjacent 10 the development by construction vehicles unless approved by the Town (see Schedule "H") .
16. TEMPORARV PARKING
a) The Owner shall provide adequate parking facilities on his lands and ensure that the workmen employtld on the site shsll park their vehicles durillg working hours on the said lands.
17. APPROVALOFWORJ{S8YTOWN
a) No services shall be installed in any road or soction thereofuntil approved by tbeTown and no pavement of any 5ITeeI or section thereof shall be oomrnenced until all underground WOfb have been instal led ILIld obtained preliminary acccpIancc.
18. CONSTRUCTION OF ROADS
a) All such a)IIlItruction will be madc unda the supervision of professional engineering personnel from the engineering finn retained by the Owna' and said finn shall be liocnscd to practice in the Province of Ontario. Should it be found that lUeh pcnonnel are not on si te or are DOC performing Ihei.r duties in a manner satis&ctory to the Town, the Town may order all won.: in the project to be stopped.
b) The Roads to be constructed by the Owner shall be constructed to the aatisfaction of the Townand lIS specified in Sclw:dule "0" to Ibis Agreement. After approval by the Town of the gr1lIIullll" base of any street block and within one (1) month thereafter the Owner shall apply the first lift of asphalt to negate contamination of the granular road base. My granular oontamination shall be removed prior to the placing of Ihe first lift of asphalL The Owner shall maintain !ucl! Roads for a poind ofat least twelvc( 12) mooths before laying the .wcond lift of asp1uJL lbc Owner shall apply the socond li ft of asphalt not sooner than twelve (12) months ftftet the date of approval of fi l'St lift of pavement and not later than twenty· fOil!" (24) months once building permits have been issued on 90% of the lots and/or binds. The Owner shall repair any damage! (:IUI!Ied to any
Subdivisioa ~. It...- Gate_ ~ 4
" eJ[isting road, !WId allowance Of existing structure or plant located on any road allowance, II.S a result of the Subdivision development, IIIld shall pay any oosls involved in the relocation of existing services such as hydrants, telephone poles, e(c., which may be n ....... ·vy by reason of development of the Subdivision.
c) The Owner shall construct a t~porary cul-do-sac at any dead ends and open rides of road allowance auled by this subdivision 10 the satisfaction of the Town.
d) Until preliminary ac«ptaDCe o(the roads within this Subdivision !he Owner shall:
1. Keep ,11 roads gravelled and gradod to the satisfaction of the Town. ii. Maintain reasonable access at al l limes for all residents and for municipal
:services (i.e. garbage collection) and emagcncy savice vehicles. Ul . Maintain al l roads in. dust free: CQIldition. iv. Cany out at its expense, the snow removal and do-icing opemtions llIItil such
time as all Works established by this Agreement have been assumed by the Town through the aocept.ance by By·Law of Council afthe Town
c) TheOwncr shall maintain tberoad.! shown on a Pian of Subdivision annexed hereto as Scltedule ~B·, 10 the SBtisfaction of the Town. The maintenance which includes supplying and placing dust palliative IJld removing mud and other materi,1s carried oul on plved streel$ within and adjoining the Subdivision (i ncluding flushing of the $Bid Strf:ets) s!lal.l be undertaken at the c:nd o f each day, until final acecpt.anee of the Subdivision. Eadi Friday afternoon, the Owner shall Wle a "'sweeper and oolleo.':tor" 10 clean all the paved streets within !be Subdivision. until all dwel lings within the Subdivision an: built.
L. If the maintenance orthe roads is Il()( made or undertaken to the $Iltisfaetion of the Town, the Town eM undertake the maintenance oftbc paved roads within and adjoining the Subdivision at the cost of the Owner.
19. PRELIMINARV ROAD ACCEPTANC E
a) Upon eomplction and issuance ora cc:rrificate of preliminary acceptanee by the Town of any WOiU relating 10 the Roads aIL n:quiro:l by this Agreement, a release of. uw; imum of eighty-five (85%) pereent o f tbe financial n:quirements applicable 10 sucb WOIb may be given by thc Town. A minimum offi ftecn (15%) pm:ent shali be held by the Town to tover the Owncn warranty and maintenance obligations until final acceptance.
b) No earlier than twelve (12) months B.fter the preliminary KeCptance of any Works rciB.ting to the Roads, or in !be meantime if the need ariSCll, the Town shall inspc:ct any Worb whieh have obtained ~liminary ac«pWlCe and 8ubmil a deficicney list to the Owner and the Owner sha1I rectify the deficiencies immediately upon receipt of the said deficiency list. AJ 9001\ U the Owner has advised the Town that the deficieneiC:!l have been recti fied, the Town shall re-inspect thesaid Worts and oonfirm if the deficiencies havc been oouected to the Hlisfaction of the Town.
c) No earlier than twelve (\2) months after the preliminary acceptance o f sccond li ft of u phalt, or in the meantime if the need ariSC!l, the Town shall inspect anyWorb which have obtained preliminary aooeptance and submit a deficiency list to the Owner and the Owner shall rectify the deficiencies imrnedial.ely upon receipt ofttLe said deficiency list. AlL IOOIlU the Owner bB.s advised the Town that the deficiencies have been reo.-:tificd, the Town shall re-;nspect the Mid Work!; and a)ftfirm if the defician:ies have been corn:ded to the salisfB.CIion of the Town, the Town shall take the recessa"}' steps to give final IIcceptam:e of the said Road WorD.
" d) Prior to the issuance of prelim ina{)' acceptance of any Works by the Town described
above, the Owner's Engineer (a fum or individual ~stenxi with the Profe~ional Engineer', Association of Ontario) must provide the Town with a written rcpon confirming \hal all construction was carried out in accordance with good c:n.ginoering practice and under the supervision of the engineaing firm enpgc:d to do so. The report shall a1soC(lnfinn that all WOIb wereeompJeled in (:(lTIfonnitywith the plans ~ by the Town. The Town may accept the report or mly engage another qualified engineering finn or individual to oonfirm !hat al l llIIIuinld Works were installed in aocordance with the approved plans and speci fications. Any suth external engineering, ifrequired, shall be at the Owner's expense.
20. PROSECUTION OF WORKS NOT SATISFACTORY
a) If, in the opinion ofthc Town the Owner is not pro&eCUting the worlr. in 8CC(lrdanec with the foregoing clauses 18 and 19, the Town shall notify the Owner in '4-Titing and if the Owner doe! not comply with the requirements orlbe Town within scvm (7) clear days after such notice, then the Town may cause material~ to be pun;:b.ased and WOTk carried out at the C(I!1t and expense oflhe Owner or its sUl:Cty or both pumumt to cJaux 7 orlhis Agreement.
21. REINSTATEMENT OF EXISTING ROADS
a) Whert wor\c is performed on existing Town roads outside the Plan o[Subdivision, such roadJ shall be rciIllltatai to the satisfaction ofche Town.
22. LM"D ABUTTING EXISTING ROADS
a) Where any part of the Subdivision abuts an existing Town road, the Owner agrees to ensure propo:I' transition between any existing lands abutting portions of the Town road SCI that it will correspond in al l rcspccI with the internal development of the Subdivision.
23. O.L.S. CERTIFICATE
a) In order to CIlJW"e the accuracy of the above elevations and to ensure thaI other simi lar provisions of this Agreement have been complied with, the Owner shall ensure that all of the surveyor pins and monurncnllll have been placed 115 required in tbe Subdivision Plan in a clearly visible mlUlntr al l 10 the satisfaction ofthc: Town.
b) The Owner COVClWlts and ~ that he will, not earlier than 30 days before final ~ce of the Roads by the Town, file with the Town a certificale sigoed by a registered "Ontario Land Surveyor" to the effect that !IUd! surveyor has fOUDd or Tqllaoed and made vislble for viewing, al l iTOn bars shown on the regiSietai Plan of Subdivision, and the Town shall nol be obliged to accept such Roads as being completed in aooordance with this Agreemmt until such catificate has been filed..
24. OWNERS TO ENSURE VISffilLITY OF IRON BARS, ETC.
a) The Owner covenants and agrees that it will ensure thaI al al l times all iron bars 111:
maintained in the areas where they are located in • c:ontinuOIIll and visible manner as shall be required by the Town. The Owner agrees thaI it shall, if required 10 do 90 by the Town or any of its agents, replace the said iron bani regardless oftbe cause or reason for the removal thereor.
..
" 25. SAN ITARY SEWERS
.) All such installations will be made under the supervision ofprofcaiona1 engineering penonnel from the engineering finn retained by the Owner and said fum shall be licensed 10 practice in the Province of Ontario. Should it be found that ~ peBOIlDcl are not on site or arc not va forming their duties in a ll\JIIl,neI'" satisfactory to the Town, the ToWII may order all work in the project to be Slopped.
b) The Owner hereby agrees to construct at his expense, I Sllllitary sewer system, to K:rVice thaI area orland shown in Schedule "Bw to thb Agreanent. The sanitary system abo includes house COllIlections from the sewers to the lot line to service the Jands in tbe Subdivision according to the design and specifications Wi approved by the Town and as set forth in Schedule "0" to this Agreement. The Ownef further agrees to maintain such 5eWCfS, including the clearing of any blockage, until they are finally accepted by the Town. The Town shall issue a certificate of preliminary acceptance of the sewer S)'SIem upon completion and satisfactory testing of the laterals and the sewer $y5lem to the wisfactkln nrille Town.
c) All limitary SC:WCf'll shall be of sufficient size, depth and at klcations within the limits of thc Subdivision, or on adjaant road allowance/l to service lands O\Itsidc the Subdivision which will, in the opinion of the Town or the Town require the ute of the Subdivision sewers IIJ trunk outlets and where the pl8ru1 ~ already designed, the Owner shall provide the Works in aocordanc<: with the approved Engineering plans.
d) The Owner shall at ilSown oem 5UbmillO the Ontario MinistJ)'oftbe Environment and Climate Change for approval all plans ~uin:d by the said Minisb'y and shall be: responsible for obtaining any 5ubllCquen1 approvals from the Minisb'y of the Environmmt for the proposed facility or any IIddition thCTtlO and shall supply the: Town with copies of all approvals or conditions enforced or set by the Minisb'y. No building pennil will be issued without receipt by the Town of the said approval.
26. PUl\lPSTATION
Design
a) Prior to final approval of the Subdivision, the Ownc:r shall provide engineering design drawing!) for the pump station, equipment and pump station site works. The drawings shall be stamped by the professional engineer rcspon:sible for the design within the discipline and ClIpertise requirod by Professional Engineers ofOotario inclusive but not limited to Mechanical, Civil, Electrical and Instrumentation.
b) The Ownc:r shall ensure that the professional engineer provides the design doourncnlJ and provide!! Arc Flash certification of the pump station facility. The professional engineers shal l develop a list of spare partS in consultation with suppliers to acoommodate a minimum of twelve (12) months operation within the warranty period. Spare pans shall provide for the conswnable malerim and the pam required 10 restoTe
the statioo 10 operation during nonnal failures.
e) The Ownct shall have the engineers prepare an operations and maintenance manual that de:saibes!he equipment used at the station, the design fearure:s of the station and the normal and emergeocy operation procedures.
d) TIle Owner shall include the telemetry of pump station alllf1ll!l to the Town chosaI dispe.tcit savicc.
u
el That cla.use 26 a) through c) shall be approved lIS pari of the Town approval oflhe pump station design. The operation manual shall be provided prior 10 the ~ionin&orlhe sewage pump station.
I) The Owner shall to oons~ the pump station at his expense. The constroction shall advance in accordance with the approved engineering drawings and Ministry of the Environment and Climate Change (MOEee) and sball be inspocted by the design engineer at sufficient intervals to permit the design engineer to certify that the oonsttuction confonnl to the approved design and drawings. The rertification shall be for all diKiplines including but not limited to Mochanica1, Civil, Electrical and instrumcnlation.
g) The Owner shall not commence tlle construction of the pump station until design drawings have been approved by the Town, the Ministry of the Enviroruncnt and Climate Change with tho is!!UMIce of a Certificate of Approval (C of A). the Electrical Safety Authority and by Renfrew H)dro Inc.
Pump Station Block
h) The Owner .hall a.mvey Blocks \4 10 the Town, free offee.! and encwnbrancc:s, upon regi$tration of the subdivision.
Commissioning
i) The Owner shall commission the pump station prior 10 the issuance of the tim occupancy permit for a dwelling upi! within the subdivision. The OOIllmissioll of the pump station includes the following flCtiOTl5 and submissions:
I . Commissioning plan prepamI by con!UllaDts; L1. Testing of each feature of the station with documentation of operations wilhln
operating limits; iii. Provision of operatiOlllll and maintenance manual, acceptable to the Town of
Renfrew; IV. Provision of a bard oover boo.md log book for the pump station; v. Docwnentation of all initial.ttings;
VI. Tnmsfer of any software licenses; vii. Jnformation pertaining to wammty of equipment and addresses of supplim and
contact infonnation; viii . Certification by Engineer thai station is oonstructed in conformanl:e with
approved drawings; IX. Town Staff opentor training with the mpplier including the pump package
suppli«, imtrumentation suppli« and overall design engineer; x. Provi:rionofsparepartS,
XI. ConnectiOll5 to all telemetry and testing of all al81lllll; and xii. AJI Ate Flash labels and other safelY equipment and is on·site and available.
j) The twelve (12) months WlllTSllty period shall c.onunenoe following preliminary acceptance by the Town that the commissioning actiOll!l and submissions have been provided.
AMumption and Warranty Period and Securities
k) Successful oommi!llioning of the pump station will constitute preliminary ac<:eptanoe and will initiate the oommenccment of the twelve (12) months warranty period. It is understood !hat upon preliminary acceptanoc by the Town, a release ofa maJ[Unum of 85% ofllie financial requirements applicable to such Worts may be given by \he Town. A minimum of 15% shall be kept for each item unti l final accepwII:e.
" I) No earlier than twelve (12) months after the preliminary accepIance, or in the meantime
if the need arises, the Town shall inspect the pump station and !iUbmit • deficiency lill to \he Owner and the Owner shall reo:6fy the deficiencies immediately upon receipt of the &aid deficiency list M IIOOTI as the Owner has advised the Town that the deficiencies have been rectified, the Town shall re-inspect the pwnp station and if the deficiencies have been oorrected to rhe satisfaction of the Town, the Town shall take the necessary steps to give final aoceptancc o(tbe said Works.
m) The Owner shall maintain all utility accounts (e.g. local phone company, local gas company, local hydro company, etc.) in his name dlllins the twelve (12) month.!! warranty period and the utility lIOC(lunlS shall be at the expense of the Owner during the same period. The utility lIOCOunts 1m to be 1rIInSfttm:i1O the Town, at the Owner's CJ(pense, upon final acceptance of the station III the end of the twelve (12) months warranty period.
n) During the warranty period the Town will be t'CSpOnsible for the operations oflhe pump station lIS is n ........ s'"}' by Mini5by of Environment and Climate Change licen~ Wastewater Collection operalOl'S. In DO case ahall the Owner operate any element oflhe station. Lock. shall be provided by the Town ro.. all locking mechanisms on the station panels. The Town Staff shall include the station on a circuit of opention checks. The 0wnCf shall ooordinale station maintenance activities as required by the ! upplier to maintain warranty OIl partS and cquipmem lit the Ownc:r'1 Klle cxpellK.
0) In the evQlt of station failure or modifications are required to the nows, the station shall be anendod 10 by thc Town opemtors and an attempt wiU be made 10 place the station badr. into operatiOll using available equipment. The Town will contact the Owner as soon as possible to make bim aware of the flIilure and the need for repair. The Owner shall illUI1Cldiately (within 48 hours) coordinate for the repainI. If the Owner faill to respond, then the Town operators shall initiate repainI and or equipment replacement at the expense of the Owner.
p) Then: shall be no occupancy of any dwellings within the development until the pump station has been commissioned in accordance with the commissioning requiranents de6ned above.
q) The Owner shall coordinate the pump IIlItion operatiOllS with the rcrulu o f the flow monitoring eslllblishod in the muter servicing plan to ensure that the capacities created by the deve10pment can accommodated by the existing: n=iving wastewater public services, to the satisfaction of the Town.
17. STORM SEWE.RS
a) An such installations will be made under the supervision o fprofCllllional Cllgineaing personnel from the engineering firm retained by the Owner and &aid firm shall be licensed to practice in the Province of Ontario. Should it be found that sllCh penonnel are DOt on site or are not performiDj their duties in a manner iWisfactory to the Town, the Town may order all work in the project to be stopped.
b) The Owner hefeby agrees to construct at his expense, a storm sewer to service that area of lands sbown in Schodule "S", ilK:luding bouse eonnections fro!n the sewers 10 the 1U«t line and lawn drains, to service the landll in the Subdivision and adjacent road alIOwtllK:U and in acrordance with the design and specifications as 1IPJlf'Oved by the Town and as set forth in Scltedule "0" to this Agreement. lbe Owner further agrees to maintain such sewCD, irn:luding clearing of any bJocluige until they are finally aoceptcd by the ToWQ. lbe construction and installation o f all sucb sewers shall be in aooordanoe with good e\1gineering practice. The &aid sewcn ,ball be coruuucted to an outlet aocordina 10 designs approved by the Town in aceordance with good engineering
..
" JnC!i= The Town shall issue a cenificate of preliminary aoceptanoe orlbe stonn sewef
system upon s.atisfactory completion o r lbe sewers to the street line, \0 the satisfaction of the Town.
e) AI! storm sewen shall be of sufficient size, depth and at locations within the Iimitll of the Subdivision. orOD adjacent road allowances, to suvicc lands outside the Subdivision which will, in the opinion of the Town or the Town require the use of the Subdivision sewen as Irunk outlets and where the plans ~ alrc:ady designed, the Owner sball provide the Worn in acc:ord.a.nce with the tpproved Enginocring plans.
d) The Owner agrca to construct and maintain II lempoo Ill)' 5tonn ditch system to convey floW! from the Subdivision 10 the stormWlllermanagc:men1 treatment and flow control facility. The Owner agrca to maintain the ditch system until such time IL'i they are replaced by I storm sewer system 10 be Dpproved and accepted by the Town as part of a fUwre developmenl.
e) The Owner shall at its own cost submit to the Ontario Ministry of the Environment and Climate Change for approval all plans required by the said Ministry and shall be responsible for obtaining any subsequent approvals from the Ministry of the Environment for the proposed fllcility or any addition thereto and ahaIl supply the Town with copies of all approvals or oonditions enforced or set by the Ministry. No building permit will be issued without ~pt by the Town o(the said approval .
28. VIDEO CAM.ERA EXAMlNATION
a) Prior!(l the lirsc lift ofaspbalt. all sanitary scwtrs shall be inspected with "close circuit television" using pan and tilt camera to inspect all !lCl'Vicc connections and main lines.
b) Following first lift of aspbal t and prior to second lift all struct\llllS sball be inspected for alignment and cleanliness and after being 8u..s11ed, video camera examination shall be oncc again required.
e) A video camera examination of all saniwy sewers is a mandatory requirement of the Ownef as a prerequisite to acccptanCC of!be system.
d) Video camera examination ofstonn sewers may be required by the Town. The Owner shall arrange for the said video camera examilllllion and he shall bear the mtire a.J!It of such video camera examinations of the sanitary or storm sewers which ~ on the subjecc lands or on lands lIdjaccnt to the subject lands on which services ~ installed.
e) The video camera examination of the sewer for fin.ll approval shall be made approxiImotely twelve (1 2) months following the completion of the Installation of any section of phue of !he scwen, providing tbe road base and fint lift of pavement is completed throughout the m tire length ofthc Wora and canial out prior to the final lift of asphalt. Also, the Owner shal l be responsible to clean and maintain !he infrastructures during all the oonstruction phase.
f) Upon ra;cipl of the video camera examination report the Town win del:ennine the extent of repairs. if any, required of the Owna" in order to bring the quality of the sewer up to acceptable standards. Repairs required to be carried out by the Owner shall be donc wuief the supc:ni,ion of the Town. Any work not examinal by the ToWII priO!" to bacl;:filling shall be required to be excavated at the OOSI of the Owner. If the extent of repairs has been !!(l great, in the !!(lIe opinion of the Town, that furthcr CJL:amination of il is required then a seoood video camen examination shall be C()1lducted by the Owner.
29. WATERMAINS
a) AU such installations will be made under the supervision of professional engineering personnel &om. the engineering: finn retained by the Owna and said finn shall be licensed 10 practice in the Province of Ontario. Should it be found that such personnel are IIOt on sile or are not perfonning their dulies in a manner satisfactory to the Town, the Town may order al l won.: in the project to be stopped.
I . As part of the approval oftbe Worb referm:l to in elause 29, section ~a". the engineering finn retained by tbe Owner shall submit 10 the Town and obtain Town approval al l required fonns, including but 001 limited to, ~fonn I -Record of WlI.tmnains Authorized 115 a Future Altaation", relating 10 the acceptance of the wlI.termain system.
b) The Owner agrees to oonstruet at his expo:mo::, a complde walmnain s)'S1mI QO ,wy to service \hat area of lands shown on Schedule "S", including hydnmlS, valves, valve boxes, and bouK water service connectiQns from the watennain to the strm line to service the lands in the Subdivision and in II.<XOrdancewith the design lUld specifications II!I approved by the Town and 8.'l set forth in Sehedule "0" 10 this AgJemlenl.
c) The construction and installation orall watemain systems, indudinghydranlS, valves. valve bo~es and bouse water service connections !!hall be subject to approval of the Town and all necessary testing.
d) AU watennaillll shall be of sufficient size, depth and at loeations within thelimitl of the Subdivision, or on adjacent road allowances, to servloe lands outside the SubdivUion.as required by the Town in hill uncontrolled discretion and whcg the pilln.!l are aJready designed; the Owner shall provide the Worb in acoordanc:e with the approved Engineering plans.
e) The Owna- shall obtain the approval of the Town Engiootr before a portion or the entire walamain system is charged or put into service. The Owner shall be required to disinfect watamaillll and conduct microbiological testing 8.'l may be rcquired by the Town and within such time as is roquircd by the Town.
30. INSPECTIONS AT OWNER'S EXPENSE
a) All of the testing and inspections referred to in thit Agreement to be curled out by the Town Engineer or the Town shall be carried oullt the Owner's eJtpen!lC.
31, WATER, STORM AND SANITARY SEWERS
a) The Owner agrees to oonstnlCla complete water. storm and sanitary system flecessaryto complement the Town's service in.::cordanoe with the design aru1 spccifiell.tiOllll as approved by the Town and as set forth in Schedule "0· to this Agreemmt
32. SERVICE CONNECTIONS
a) All portions of water and sewer oonnections from water and sewer mains 10 the limit of the roads shall be installed aceording 10 the rpcci6catioos traIl!Imitted by tile Town. Any connections which will involve the tunnelling or eutting of the travelled or graded portion o f any road shall be made before constructing the granular base course of the roads. All connections made through any drainage ditch '}wI be in auch manna that the said ditch is restored 10 the same condition as before any wot\: was done with rcspc:ct thereto. All connections shall be made in accordanec: with Schedule "0".
SubdMlion "" .... oeru _ Htftcr Gale -I"- •
" 33. OPENL'liG OF VALVES
Il) No person except the Town or his duly authorized agents &hall opec or close any valve in the street mains, or interfetl: with !hem in lilly manner. No hydrants may be used by the Owner 01" any build« for water noeded during the oonstruction.
34. Cit. TeD BASINS
Il) The Owner agrees 10 construct at his expc:m;c, catch basinll on all road!! as shown on the Plan of Subdivision including all existing roads oulSide the Plan of Subdivision in which underground services are being instaJled by the Owner, as required bythc Town.
Within !Illbdivision
b) The Owner will C()nstrud: all calch basiN within all other areas of thc Subdivision as shown on the Plan of Subdivision or any olhc:r plan requimi by the Town and shall provide to the Town such easement.<; as shall be required by the Town to permit IICCeSS to the said catch basins. The said easements shall be provided 10 the To,",'tI by thc Owna 8.'1 set out in clause 55.
35. STREET NAME AND TRAFFIC SIGNS
Il) The Town shall at the Owner's expense supply such stroet name and signs IIli required in acoordance with Schedule ~H ' of such design and specifications ~Je II,) the Town. The Owner shall at hi' expense ercd such SInlCt name and signs in accordance with the specifications of thc Town. The said street and traffic signs, including "No Parking" sign, shall be installed as soon Il!I may be app,opriate upon completion of ~ construction. The Owner shan be responsible for any damage caused to the said siglH during construdion. The Owner shall not apply for nor shal! the Town be required to grant final acoeptanc:e of the roads pursuant to clause 20 o f this Agreement until the Owner has reimbursed the Town for the cost of all street name and traffic siglH including the cost of JIOSl' and instal lation.
36. SOD
a) Immodialely or at such other time as may be agreed upon by the Town upon completion ofpavemcnt. theOwncr shal l lay a number one nursery sod on the: un-travellod portion of all roads abutting on each 101 to the boundaries of the lOlli, and shall maintain the :;aid sodding for a period ofthrce (3) montiul during growing season. If the .00. dies, the OwntT sh.aJ.1 replace and maintain it in a bealthy condition in the opinion ofthc Town.
b) The Owner oovenanlll and agrees that the Deed of Conveyance by the Owner of any lot within the Subdivision shall contain the following provision which provision shall be incorporated in all deeds from the Owner with the express intent that it sbal l be I covenant running with the llilds for the bevefi t of the lands in the Subdivision as I building scheme:
""The Transferee for himself, his hein., executors, administnltors, successors, and WlSigns oovtnanQ and Igrees that upon oornpletion of tile building constnxrion he anllliay a number one nunay sod on the entire lot, with the exception of the driveway. The express intent oflhi. covenant is that the same,ball run with the lands and will benefit all lands within the Subdivision by providing >ldcqua.te landscaping,. ~
In the evCOllhat the Town shall be desirous of enforcing the foregoing oovmant against any granlee or \nn'!Iferee the Town may take action as the eiraDnstanee!! may require.
37. TREES
.) The Owner shall plant the required trees, in acco~ with Schedule "0", within six (6) months of the issue of the "final building inspcaion" in front of cacI110t in the S\lbdivision betweea the lot line and the house line on which a IKe is 10 be located. Any tree which die!! wi thin twelve (i2) months of planting shall be replaced by the Owner al the Owner's expense and maintaiocd until the tree survives.
b) The requirement ro.. ~ Owners to mainlain and to replanl dead trees shall be registered on title as a condition of sale for each indivjdual lot on which the tree is requi red together with Ihe right of the Town 10 enter on the lands to effect the T'"""sny Worb in case of default by the property Owner and to charge the costs under the apptojhiale provisiom of the Mu"idpal.(c~ 2001, S.O., c. 25, and amendments thereto, to the property Owner in the fonn oftal<e!!.
38. STREET LIGHTING
a) The Owner agrees to install the street light emitting diode (LEO) lighting 5}"Ste!!l as provided fot in Schedule "0" to this Agreement.
39. SmEWALKS
a) The Owner agroes 10 oonstruct sidewalb according to the specifications orthe Town and as described in Schedule "0" to this Agreement within the time limits set out in the said schedule.
40. WALKWAYS
a) TheOwnct agrea 10 oomtrucl and landscape aU walkways within the Subdivision. The said walkways shall be constructed and landscaped in accordance with the specifications Set out in Schedule "0" annexed hereto within the time limits sd: oul in the said schedule and in all cases the walkways shall oonnect with a public street.
41. CURBS
.) The Owner ag"CCII to construct curbs on all roads as shown on the Plan of Subdivision including aU u isting roads adjacent to the Plan ofSubciivision in which underground services are being installed by the Owner as part of the Worb being provided PUBuant to this Agreement according to the specifications of the Town and as described on Schedule "0" to this Agreement within the time limits set OUI in the said schedule.
42. UNDERGROUND ELECTRIC DlSTRTBUTION ANO STREET LIGHTING
a) Underground electric distribution services shall be provided ror all lot8 and blocks within the Subdivision,lII:COl"d.ing to sundards and specifications approved by Renfrew Hydro Inc. The Owner shall make such financial !lmIIlgCI:I\OOts as may be neo::ess.ry with the said Renfrew Hydro Inc. to cover this service.
" b) The Owner shall provide at its expense. street lighting, including street lighting poles
and other necessary appurtcmances for lighting of all ~ including oollCdOr roads, when lots or blocks shown on the Plan of Subdivision abut on such oolleetor road, which shall be designed and installed in accordance with Schedule "G" and the specifiClltioruJ of the Town in effect at the time of this Agreement The illllw1ation of all Work:! provided fur in this clause shal l be dooe by the Owner 10 the utisfaaion of Renfrew Hydro Inc. and the Town.
43. UTILITlF..S, TELEPHONE AND CABLt:VISION INSTALLATIONS
I) The Owner shall enter into a written Agreement, if required, for an Electrical Distribution System with the Renfrew Hydro Inc. and enter into a written Agreement with II local phone o;)mpany, the local CableviBion Company, a local Gas Company and any otha: utilities for the insuJlation of such selVices 10 the Subdivision and for the provision of eucments with respect \0 such instal lations at no expense to the Town (see Schedule "I"), in accordance with the leonS, conditions and specifications laid down by the said Commission and/or Companies andfor utilities. The Owner shall amngtl fortbe re1ocatill8 of cxisting services, including hydro and telephone pllll1l, made nec:essary by the oonstn.lCtiOl\ of the Worb in the Subdivision at DO ellOpt!l$C 10 the Town.
b) The Owner acknowledges that The Town may require it 1(1 enter into agreementll with any CKher parties providing services 1(1 the public whether these services be of a public Of
private nature or otherwise.
c) 1lIe Owner further acIcnowledgct that the Town may refuse to issue 1(1 it any building pcrmitll until the Owner IwI provided to it copies of the oomplcted Agreements, if required, between the Owner.oo the parties referred to bcttin..
44. PAVlNGO .. ' ORIVI?:WA¥S
a) In addition to any other Works the Owner is required 1(1 perform pursuant 1(1 this Agreement, in tbe event that it applies for the building pennit, it shall cause: each drivewlt.y serving any dwelling in the Subdivision to be pa ... ed with oot mix 001 laid asphalt, paving Sl(Ine or other hard surfaces, between the curb and the line of the front wall of the bouse or attached garage, 1(1 the sati, fllClion of the Town within ax (6) months of the issue of the "fmal building inspection".
b) The Owneroovenanls and agrees that the Deed ofCon ... eyance by theOwnerofany lot within the Subdivision shall oontain thc following provision which provisioo shall be incorporated in all deeds from the Owner with the eJ:prcs:s intent that it shall be a covenant running with the lands for the benefit of the lands in the Subdivision as a building scheme:
"The Transferee, for himself, his hein, exccuton administraton, 5UCCC11~ and assigns, co ... enants and agrees that he sball cause the drivcwl\.y serving the dwelling be paved with bot mixed uphalt or paving stone between the curb and the line of the front of the bouse Of attached garage to the satisfaction of the Town within six (6)monthsofthe issue of the "final buildina inspection". The cxprcs:s intent of this CQvenant is that the 5BQle shall run with the lands and will benefit all lands within the SubdivisiOD by providingproper and adequate paving. No Owner shall pave 01'" lay other material so 115 to create a parkinWJ'llt.y area between the curbs and the piopc:tty line."
e) The Owner or sueeessor may not pa ... e or plac:e paving stones within the boulevard (other than the approved drivewlt.y) without the written consent ofthc Town.
" In Ihe event that the Town shall be desi1'QIIS of enforcing the foregoing covenant against any jp'BIItee or transferee the Town lJII,y take action as the circumstanca may req~
45. MAINTENANCE OF WORKS
a) The Owner shall maintain all undergroUDd services, roads and Works, not including Hydro, Telephone IIJld Cablevision services aDd any other 9Cl'Vic:es installed pursuant 10 thit Agreement by the OwneT until final acceptance. The Owner shall restore any hulry workmaIUlhip or maierials or any ~ done by Ibe Owner orpenoru claiming title from the Owner during constructiOfl o(Works or building!on the lands relating 10 any above wound services and Worb, including roads, ~dew1IIks and curbs, which may appear after completion of paving. Tn addition, the Owner IgreeII to inoorpontr: in all oonlnlCtS of sale and Ttallsfos of Land, by the Owner for any VlIC8tIt 101(8) or part thereof, the following provision so that it shall be a oovenani running with the lands for the benefit of the lands within the Subdivision.
'"TheT1'lUI!Ifcree, for himself, hisbeirs, e..:ecutOB, Idministraton., S1l1XlC8son and auigns, oovenanl$ and agrees Ibat should damage be caused to any of the Works in Ihls Subdivision by lU\y action or the l8(:k of any action whatsoever on his part, the TOWIl may sc:rvc notice to the Transfatt to bavc the damage rqlaill:d and if such notification be without effect for a period of $eVC:Il (7) clear days, the Town may cause the damage to be repaired and shall reoover the C091 of the repair plus 10% of the costs for Supervision and Administl'ation pursuant 10 the IIpptOp! iate scction,ofMlUlidpalAer, 1001, S.O. c. 25,andamcndmentstherctoin likemanncr as Municipal Tu.es."
In the event that the Town shall be de9iroUl of enfo«:ing the foregoing covenant against any grantee orlnlnSfc:roc the To .... -n may take action as the cireumstances may require.
46, STATUTORY DECLARATION
a) Before epplying fodinal aoocpt:ancc of any of the Works or lilly part tha-cof, the Ownashall supply the Town wilh a statulOry declaration thai: all accounts for work and materials have been paid except !lOnna! guaranto=e holdbacb, and that thet'C aR no cJ.aim!I for liens or otherwise in COIlIlection with such wort done or materials supplied for or on bchaIfofthe Owner.
47. ENGlJ'li'EER'S RECOMl\tENDATION OF ACCEYfANCE
a) When thcTown is satisfied thai: the Works set out in this Agreemenl or anypan thereof and any other Worb which may have been required have been executed in accordance with this Agcernent end the Town standards end specifications and requirements, and bas abo been satisfied that all Town llCC()unts have been paid end maiotenance requirements met, he will forthwith pre9C'rlt a report to the Council of the Town stating thai: the worlt or any part thcn:ofhas been oompleted satisfactorily and the Roads ere in the required condition for them 10 be USIImed by the Town. Acceptanoe of any of the WOfb or any part thereof shall not be concluded until aocepIed by By·Law of Council of the Town.
b) A written certification from the project engineer confirming that the Work have bccn completed in accordance with this agreement and in aooordanoe with gencnlly accepted construction standards shall be submitted in advanoc of preliminary ~ and final acceptance report..
'.
" .8. ASSUMPTION BY TOWN
.) Upon the said By-Law being p!L$SCd the ownership oftbc Works, except sodding beyond the mad boundary, shall vest in the Town and the Owner shall have DO daim or rights thereto, other than those accruing to it as Owner of the land! abulting on streets ora which the Works were installGd.
49. FILL, DEBRIS, ETC.
OnTownplO~
.) The Owner COVeua/l15 and agn:es that it will not dump. place Of deposit or pennit or cause to be dumped, placed Dr deposited any material whatJoevcr on, nor will it remove or permit I(l be removed any material wbatsoever frotn any public lands, other than R(NI(\s, without the written consent of the ToYru
On abutting property
b) The Owner covenants and agrees that it will DOt dump, place or deposit or pennit or cause to be dumped, placed or deposited any material whatsocwcron, nor will it remove or pamil to be removed any material whatsoever from any lands abutting the Subdivi~OI\ or wilhin the limits a Cllle Town of Renfrew wilhoul the written OO!UC'I1! of theTown.
Imported Fill Material
c) The Owner covenants and agrees (bal aU imported fill material dumped, plaocd or dep<»itcd within the Subdivision will be tested for contamination at its IIOUrce to avoid the introduction of mntaminatcd IOi.l to the Subdivision.
50. BUILDING PERMIT AND FINAL BUILDING lNSPECfION
Building Permits
, ) The Owner covenants and .~ that he will no! apply for, nor will anyone claiming title from him, under him or undCf hill authority apply fur one or more building permits to construct any building or other ~ of any lIOn on any lot or lots in the Subdivilion until the oooditions outlined below are satisfied:
I . Relevant development chargo! including and without limiting the genenlityor the foregoing all charges punuant to all sewer rate by·laws and water rate by. laws of the municipality have hem paid punuanl 10 all the appiopnate legislation or agreements entered into pursuant to !he said legislation (ace Schedule"t ");
II. Water and sewers have been brought to the lot line$, and have received preliminary approval;
iii. Hydro and Gas services have hem installed and have received preliminary apprm'al or the Owner has provided copiet of complete AgJccrnents bc:twem the Owner and the parties;
IV. All roads in the said phax have been COilIlGCIed to a Town road; v. The whole of sldl portion of !he mass earth moving or general grading as
required by good enginecriogpratticc has been completed to the satisfaction of the Town;
vi. All other fees, levies, rates required 10 be paid punuant to all applicable by·laws of the municipal ity;
VII. The fim layer of asphalt and the cutbs of the Road in the said phase has rooeived preliminary approval of the Town;
Subdivisioa Agi ......... . Hunter Gate • "- 4
'.
VIII. Lencn of e«:dit must be roceivcd beiOIll each phase ofoonstruction. IX. A plot plan indicating the location of the house, driveway and olber stJUctumI on
the lot including the location of the trees pursuanllO clause 37: ll. A detailed lot grading plan for each individual lot in the said phase has ba:n
submitted IU1d approved by the Town; Xl. An euements required pursuant to tim A~I and by the Town have been
registered in the apptOpi iate registry office upon the lands which are the subject of this Agreement and registered oopics of the said easanents have been provided to the Town lIS requiml.:
.. ii. The Owner agrees Ibat issue of bui lding permits may be IIlOppCd upon any failwe orthc Owner or its assigns to fulfil the requiremenl$ of this Agrocment. until such time 115 the requirements have been fulfilled.
xiii . The Owner further underu.kes and agrees to incvrporale in all oontraCfS of sale and Transfcn of Land by the Owner, for any VDCIIlt 101(5) or part thcroof the following provisions !Kl that it shall be a covenant TI.IIUl.ing with the IIUlds for me benefit of the lands within the Subdivision:
"'The Transferee, for himself, his heirs, o;ccutors, administrators, mw'ssors and usigns, covenants and awees that he will oot apply for DOl" will the Town be required to issue a Building Permit(s) until all requimnents with ~ to underground Work:! and roads ballC course on which such 101(1) fronts have hem carried out and ha\'e received preliminary approval by the Town and such road bll$ been oonnected by roads which are, at least, al a similar stage of oompletion,lO the overall Town road networlr. and until the whole or $lIch portion of !he mass earth moving or geoera1 grading u !he Town deems nece!sa,,}, bll$ been completed and approved c:o:cept that Building Permits maybe issued ifin the 5OleopiniODof!he Town the aforementioned Worbareprooecding satisfactorily, in which case, the Trensfc:ree shall oot 00CI.Ip)' nor pennit the building(s) 10 be occupied eJl.oept wi!h the written consenl of the Town on his being satisfied !hat the aforementioned Work.!! are being carried out and preliminary acceptance lIM been given to the uroderground Wor\r;s.
The property owners ofBlocb 24, 25, 26, 27, 29, 30 and 31 (:(IVC!Wlts and agrees that no direct &CceS$ (gate) will be allowed between the rear yard of this bloclr. to the mad shown lIS Hall A ~ue.
The p""pcrty owner of Lot 13 cQvenant!l and Il8JteS thai no direct IIOCCSS (gate) will be allowed bctw~ \he side yard of this 101 10 the oommunity facility on Bloclr.l4.
The propaty owners oftbe Lots IIIId 81oc:b directly adjacenllO Block. 33, covenants and agn;eI!hat they will not be allowed to obtain a direct access (gate) between the rear yards ofthcse lots and blocks to the ravine on Block 33."
In the event that !he Town shall be desirous of mforcing!he foregoing COvenllllt against any grantee or transferee !he Town rtLIIy talr:e action as the circumstlDlces may require.
Ck;cupancy Inspection
b) Where a house bu been colUtructed on 1liiy lot in the Subdivision the Owner covenants and agrees that he will not occupy or allow such house to be occ:upied until the requirements with lespect 10 underground Worb, including the lirstlift ofasphall on which such 101 fronts have been complied with and such road has been connecud to a Town mad. In the event the first lift of asphalt is not installed on OIICor more phases, on or prior to Novemb8" l SI. of each year oflhi' Agreement. and that the Town is of the opinion that the Owner did not unduly delay tile installation ofebe asphalt, the said "fum!
" building inspection" shall be granted between November 1st and May 31th of the lIHl year even though the first lift Ofasphalilull not boen laid.
c) The Town shall be in a position to withhold OCCUpllJ1CY pennit until the Eloctrical Safety Authority (ESA) certificate fo£ street lighting u. provided by the Owner.
d) Ifany 10\ in the Subdivision should bcoomeoooupied, contrary to the provisions ofthi' paragraph, then in ev«y tueh CII!Ie, the Owner shall forthwith pay to the Town the sum offi~ tho1uand doll llf1 (S5,ooo.00) pef dwelling unit 50 occupied, and the Town shall have I. lien against the deposit and the performance bond givm p UI'S\WI1 to this Agroem.ent for such sum or 5UIJ\S. It is understood and agreed that this sum will comtilulc a penally to the ()wn(r and will in no way oonslitulc a licence to permit the Owner to vio late this AgRltmCl'lt, and the Town may take whatever action it considcm appropriate to terminate such ocx:upancy.
51. WlTUUOLDING OF' PERl\UTS
.) The Owner agrees that bui lding permits may be withheld or the is.sue of than stopped, if the Owner, in the opinion of the Town or the Town's Chief Building Official or any other officer or person in authority with the Town is in default under this Agrcemmt, until ,uch lime as such default can be roctified.
52. WAIVER OR RIGHT TO CO:YI.PEL
a) Notwithstanding anything oontained herein to the contrary. the Owner herein, on behalf of himself; his administrators, uecutors lind lISSigns, hen:byunamwtionally waiVClland SWTttldeni any and all rights, whdher by COlIUD(lJlllW or by swute given to reoeive from or to n::qui~ the Town to, or to m;ci~ or use lIIly municipal services until the Town gives DOtioe that the matters set OUI in paragraph 51 herein have been wisfactorily completed.
53. PERMITS TO OWNER
l) The Owner and the Town each agree mat all building permits for oonstruction within me Subdivision shal l be issued to !he Owner or its agent and to no othu per30n unless such penon is a succeuor in title to me Owner and !!licit S\1CCCSsor produces wrlttcn evidence in a form satis factory to the Town or the Town or !he Chief Building Official 10 verify his title.
54. SNOW REMOVAL
I) The Owner shall carry out al its u pense, those Works to permit me removal of snow and ice &Um the roads, pathways and sidewalks in the Subdivision in me aame manner lIS the Town remDVCII snow and ice &om other Town streets whenever il is necessary to m.ake the roads pauable fur home OWllCn.
b) The Owner is responsible for the snow removal and de-icing operations until such time as all Works established by this Agreement have been assumed by the Town through the aoxepcance by By-La.w of Council of !he Town
" 55. CONVEYANCE OF EASEMENTS, 0.3 METRE RESERVES AND LAJli'D
DEDICATION
.) The Owna covenants and agrcca that it wiU, concurrently with the preparation oCtbe Plan of Subdivision for registr1Uion, ~ a piau showing all lots, blocb and Roads in the Subdivision in the form prescribed by the Regi.ltry Act or Land Titln Act and the regulations there under for Reference Plam, $bowing on!lUCh Plan all dJaina&c and other easements and 0.3 metre reserves required by the Town, as described in Schedule "'" hereto, which an: not shown u blocks or lots 011 the Plan for registration and all easements required by Renfrew Hydro Inc., the local phone company and the local Cablevision Company giving each easement on each lot • separate designation u • "Part", and the Owner will cause: such Plan 10 be deposited, at its tlIpen5e, in the RegistryOffice or Land Titles O ffice subsequent 10 and on the same day all the Plan of Subdivision is registtted or at such later dates as the Town may in writing authori~e.
b) At no cost to !be: Town, 10 Renfrew Hydro Inc. or 10 any othtt party agreed upon, the OwnCT will obtain unencumbc:rcd title 10 and CQllvey to the said parties the 0.3 mctJ1: reserves, easements and \ands dedications described in Sclledule "I" hemo as well as any further casements or 0.3 metre reserves requimI by them, and such 0.3 melre ~ and QI!lemalts shall be desaibed in a~ with the Referetl()e Plan deposited or the Plan ofSubdivisiorl registcn:d.
c) Docummu of conveyance for the said !&Dds, transfers IIIId easements shal l be deliveR:d 10 the said panics or their sol icitors if so diro::t~ by than by Ibe Owner prior to the execution ofthlll Agreement by the Town and in 1liiy case prior to the registration of any document othc:r than thi$ Agreement. The co,t of registration and any UmJ Tranif" Act tax shall be paid by the Ownc:r.
d) The Ownc:r covenants nOllO convey or mortgage any lot or block until aU casements and 0.3 ~ reserves and lands dcxiicatioDli havc bc:c:n conveyed to therclevant authority.
e) The Ownc:r, on behalf ofitsdflllld each and evay successor in title to evayblock, part and parcel oflaocb within the limit! oflhe Subdivision, hereby admowlcxiges, IXIvmant! and agrees that any ~tion of any uta of lands owned by theTown. regardless of whethc:r the same is parVJand, walkway, hishway or otherwise and rcgardles!l of the duration or nat\In of occupation and whether or not with the knowlcxigc and COll5ellt of \he Town or of it! officers or servants and regardless of any implicxi or express Agmement 10 the OODtnry (cxcept Q may be authorized by By-Law or resolution of Council o f the Town), shall not be so interpreted or OOIlstrucxi as to cn:ate any risht, title or interest in the lands !II) occupicxi in favour of the occupant, or any right to continue such oo::upation. and the acknowlcxigment, covenant and Agreemeot hereby given sba1l be irrevocable and &haIJ. be in favour of and to the benefit of the Town without the ne<:es&ity of any action or claim by the Town to uercise or enforce al any time and from time 10 lime wilham notice of compensation or any obligation wha\Soeva-.
This pangniph shall be so interpreted and construcxi as 10 conslitute I oomplele bar and cstoppeb to any claim 10 any such risht, title or inl~1 by any such occupant, and a release and quit claim thereof, without oonsideo1ltion or compensation and as a release of evay possible claim whal!lOCVcr which mighl arise by reason of the Town enforcins it! righl lO occupy the 1ands uclusively.
f) The Owner ackoowlcxigell thaI the Town or the Town or the Chief Building Official may refuse to issue to it 1liiy building permits until the Owner has providcxi to it copies oflhe completed Agreements. deeds, transfers between the Owner and the parties rcfemd to
herein.
..
56. PARK LAND DEVELOPMENT
a) The Owner shall oonvey Block 28 to the Corpotation of tbe Town ofRcn&ew, free of feel and CfICU1llbrances, for the conveyance ofland for parlt purposes.
b) The 0Imcr shall take the necessary steps in order to convey to the Town, free offces and encumbrances, a Block having a minimum width of 5.0 metres and • miI'Iimum depth of36.5 mdrQ within Hunter Gate Subdivision - Phase 3, extending westerly &om the QSt propeny line of Lot 21 , Pian 49M·78, to provide for the continuous straight aceess from Otteridge Avenue 10 Hall Avenue. That the Owner shall take the n:quircd steps 10 have this new B1oclr: attached to Block 28 located directly to the nonh..
1. That the Owner shall 00IIStrUC:t an asphalt walkway having a width ofl.S mctmI
and install • commercial grade galvani1:e chain link fence of 1.2 metre in heighl along \he sides ofthc newly cn:ated Block within Hunter Gate SubdivisionPhase 3 and Block 28 to the satisfaction aClhe ToWIL That the Owner hereby agrees to grade, lay a minimum of four (4) inches of topsoil and shall hydro seed the.u-eftS within !he Blocks which will not contain the asphalt walkway.
c) Thill the Owner shall pay atotal amount equal to sj"ty 5i" thoosanddoIIars(S66,OOO.OO) for cash-In-lieu for parkland dedication which shall be distrilrutcd for the sole usc oftbc installation of park or other public reemuionaJ ptJl1X)SeS in an amount cqu.u.l to rony Ihousand dollars (S40,000.00) fur the existing park within Hunter Gate Subdivision · Phase 2 on Block 24 of Regi! tered Plan 49M--61 and an IImOWlI equal to twenty six thouund dollars ($26,000,00) for the future park idClltified as Bioc:k 63 on the approved draft plan dated December IS·, 201S, prepan:d by Adam Kaspmik OL.5, Adam Kasprzak Surveying Ltd., identified as Rrlen:nce I S·2 147 B. The payment schedule ahaJl be as folloWll:
t. That the Owner shall paybycashorecrtified cheque and.-nountequal to twenty two thousand dollars (S22,000.00) It the time the subdivision agreement is registered on the lands to which the agreement will apply and that the ChwK:r commit to two subsequent payments by cash or certified dlequc equal to twenty two thousand dollars ($22,000.00) on the fiIll t anniVCQIIrY and ~ anniversary of me registration of the IUbdivirion agreement.
ii. Before thi5 Agn:ement is executed by the Town, the Ownct shall deposit with the Town, a 5Il!Il in cash, irrevocable lettel' of credit or subdivision bond in a form approved by the Town Trt:aSUrI:r equal to forty four thousand dollars ($44,000.00) whidl rep«iSC1lts the portion of cash·in·lieu of palkland to be paid on the fi Illl. anniversary and second anniversary of the registration of the subdivision agrt>erncnt.
57. DEPOSTTBVOWNER
a) Before this Agreement is executed by the Town, the Owner shall deposit with the Town, a lum in ~h. irrevocable letter of credit or 5Ubdivilion bond in a form approved by me Town Treasurer (which deposit, howevCf nade, may be ",ferred to haa.ftcr as "a dcposi t~ or " deposits''), equal 10 one hundred percent (100%) ofthc estimated cost of me Work to be done by me Owner, such co" of construction and inltallation of the Work being sho'NJl in Schedule "K" hereto annexed. If the Owner SlUisfies the provisi01l$ of this dalJ$C by depositing an irrevocable letter o f credit with the Town it must be in the form set out in Scbcdule "J" lUlDCXed he",lO.
..
58. USE OF DEPOSIT
a) After having ftrst notified the Owner, the Town Treasurer may at any lime authori7.c !be use ofthc whole or part oflhc wnounl aCthe deposi t refem:x1lo in clause 57 henofto pay the cost of any work lhat the Town deems necessary to rectify default by the Owna or its assigns. or to pay the cost of any matter forwhich the Own« is liable under !hit Agreement whether !lUCh 0051 is in relation to construction or installation of any Works or service or any defects or rcqWred maintenance. The fact that the estimated 00Sl of each of the Worb to be provided by the Owner herein (Schedule "J(") is used to calculate !he lola! cost of the Workll upon which the deposit is based, shal l not be consttutrl as limiting the use oflhe deposit on a proportional basis in the event of default by the Owner bul ratha- that the whole or such part ofthc deposit as maybe deemed necessary by the Town and authorized by the Town Treuum- to rectify the default may be used. It is understood lind agreed that thcdepo$itllor 50 much therrofastheTownor the Town En&incer deems necessary, shall be held by the Town IUltil final aco;:.epWlCe of the Works. except where any pari is used pursuant to thia clause provided that when: a dcpo!li\ is made punllWlt to clall!lc 57 hereof, the Town may authorize the reduction of ,ueh deposit from time to time as Works are completed: it being understood however Ihat 15% of such deposit i. designated to cov«maintenance and warnnty commitments and • further 10% of such deposit is designated 10 cover any claims Ilrising out of claims made punuanllO the C,nslroch'Oll LU" Act.
b) If the ToWll does carry out any such work or ICIVice or maintmancc or rectify anydcfCCl referred to in clause 57 and if the Town is holding a deposil which can be reali1.ed, then the ToWll sball apply any funds which can be realized, agairut the CO$l ofsuc::h wort. savice, maintenance or rectification of default, calculated in the ttUIIUleI' provided in this Agreement provided that when the deposit has been realized and the funds from the deposit received by the Town.theToWll &hall cndit such funds.90 received against the cost of such work, service, mainteoaooc or rectification of default in such manner u the Town shall decide.
c) Ifthc Own« deposiUl. 5lIbdivision bond pUl'1lWlt to cl.U5C 57, section ..... , the ToWll Treasurer m.y at any time make a claim 10 the surety company issuing Ihe subdivision bond 10 usc the whole or part of the amount refcmxl 10 in clause 57 hereof 10 pay the cost o f any works that the Town deems ~ary 10 rectify default by the Owner, or 10 pay the cost of any matter for which the Owner is liable under this Agreement whether :mch cost i! in relation 10 COfl$IruCtion or installation of any Works or Xl'Vice or any defects or requirod maintCl\llllce.
I. The fact that the e!ltimated cost of each of the Wooo to be provided by the Owner herein (Schedule "K-) is used 10 calcul~ the lOW cost of the Wooo upon which the deposit il hued, shaJlllOt be construed 115 limiting the U!le ofthc deposit by the surd)' company on a propot1ional basis in the event of default by the Owner but rather that the whale or such part of the dqxmt 115 may bedccmed ncocssary by the surety company 10 rcetify the default may be used.
ii. In the eo.-ent of a default by the Owner. the Owner authorises the Slimy company to oommunicatc with the Town in an attempt 10 resolve any claims and mitigate any damages.
59. PARTIAL RELEASE OF DEPOSIT
a) Upon completion and issuance of a eutificatc ofprcliminary acceptance by the Town of any WIHb required by this Agreement, a release of a maximum of eighty- five (85%) percent of the financial requirements applicable to such WaRs may be given by the Town. A minimum of fifteen (15%) perttIlt shall be held by the ToWll to COVtt the Ownm warranty and maintenance obligations until final aooeptaOOe.
Subd;"';';" ~ _ Hunter Gate · Pbue ..
" b) No carlia'" than twelve (12) months after the prelimintry acceptance of aay section or
phase, or in the meantime ifthc nced arises. the Town shall inspect any Works which have obtained preliminary acceptanoe and submit a deficiency lisllo the Owna'" and the Owner shall n:ctify the deficiencies immediately upon rweipt of the said deficiency list. As toOl! as the Owner has advised the Town that the deficiencies h&ve been rectified, the Town shall fO-inspect the said Works and if the deficiencies have been IXIrrected to the ..msfaction of the Town, the Town slulil tak.e the necessary stepS 10 give final aooeptMCe ofthesaidWm'u.
c) Prior to the issuance of preliminary acceptance of any Works by the Town described above, the Owner's Engineer (II fum or individual registen:d with the ProfC:Sllional Engineer', Association of Ontario) must pnlvidc the Town with a written report confirming \hat al l OOll5truction WII5 carried out in acc(Irdanoc with good engineering practice and undef the supavision of the engineering finn engaged 10 do $C). The report sMll also confirm that all Wom were completed in confonniry with the plans approved by the Town. The Town may accept the report or may engage another qualified engineering finn or individual to confirm that all required Works were installod in aca.mIance with the approved plans and specifications. Any such otcmal engineering, ifrequired, shal l be at the OMlcr's expense.
60. RELEASE OF DEPOSIT
a) On final accepWloc of lhesaid WOfb by tbeTown and the Council oflheTown by ByLaw of the said Council, the Owner may be m titled to have released to it by the Town all deposits held relating to OOtnpleted Works by the ToWII under this Agrcemoot. The deposit shal l not be released, either in whole Of in part, until the Town has been provided with satisfactory evidmce that 1liiy and all potmtial claims for c:onsmx:rion lier\ll have expired: panial deposilll may be relea.m.i, in wbole or in part, where the Town has been provided with satisfactory evidence that the deposits remaining att mlfficimllO pay !Illy and all potential lien claims on the premises.
61. TOWN AS OWNER'S ATTORNEY
a) The Owner agrees that the Town may enforce, II!!Ihe Owners Attorney, !Illy Psformance Bond given by any Contractor 10 the Ownc.- weier any Agrcemeol with such Contr.ctor for the construction of any of the Works, provided that this sball nol constitute an assignment of such Pmonnance Bond. Whe\'C the Town deems that tbCIll has been default by such Contractor, the Town shall iIO notify the ()v.rner and the Owner shall proceed to enfon:e illl Bond within seven (1) days or within such further lime as the Town may allow, failing which the Town may proceed to enforce such Bond as the Owner's Allomcy and at the Owner's expense.
61. SUBDIVISION CUARGES
a) The Owner agrees 10 pay those charges in the amount and in the manner set out in the appeoplill1e Deve/Qpmelll Charge By-Law (in effect at the time) II!! required by the said by-law.
63. LAND USE
a) The Owna agrees to have the area to be mlbdivided, 1'&-7..oned to reflect the Il$e5 shown on the Draft Plan.
64. BY·LAWS AND ZONING
l) The Town shall regulate by By-Lawlthe zonin& and the building and ptopei!y standards within the boundaries of the lands affected by !his Agreement It is understood and agreed that nothing contained hemn shal l relieve the OwnO'of any obligation to comply with Zoning and BuildinJ By-Laws and property standards by-laws and any other municipal by-Jaws and Wt area and frontage of all lots shown on tho subject Plan of Subdivision shall confonn with the requiremc::ntJ of any rc!Itricted area By-Law of the Town in effect according to the provisions of 7lo£ PUvutlng Act, R.S.O, 1990, lIS lIlllCIIded at the time the P!4I1 o f Subdivision is presented for final approval,
65, BUIL DING RESTRICTIONS
a) Notwithsranding anything herein contained the OwneT covenantJ and agrees with the Town to certain building restricrions as !let out in Schedule -L·.
b) The Owner further agn:es that new buildings only shall be erected upon the lands which lire the subject of this Agm:ment.
66. MINOR MOD(FICATIONS TO THE SUBDMSION
a) The Owner Ihall notify the Town of any p,oposed change of use or uses on the Site beli:n, during or afteT the completion o f the Work requiml under !his Agreement.
b) Minor modifications made 10 this Subdivision AgIl'Iln1eD.\ may be approved without an ammdment to this Agreement with the authorization of the Town Engineer and the ",""",
67. AGREEMENT REGISTERED AGAlNST LOTS
.) The Owner hCfeby awces that he shall register this Agreement against the lots contained in thcPl4l1 of Subdivision at hi. expense intmediately upon execution of same: should be fail to carry out the registration of ,<lime within 60 days of its execution, this Agreement shall be nun and void,
b) The Owner further agrees that he shall not apply for any building permit until the said Agreement h& been registem;l III aforesaid.
68. SUBDIVISION APPROVAL
a) The Owner covenants and agrees that it wi ll not divide 4I1y block or lot on the Plan without such consenl as may be required by law or by the Counci l of the Town.
69, INSURANCE POUCY
a) The Owner shall provide, bcfot'le the aecution ofthi' Agreement, and keep in force during the OOIL'IlrucIion of the Subdivision, a oomprcl\ensive pol icy of pub lie liability and property damage insurance acceptable 10 the Town, providing insurance coverage in respect of anyone occurrence to the limit of at least five mi11ion ($.5,000,000.00) exclusive of interest and cost, againSlloss or damage resulting from bodily injury to, or death of one or more per501l! and loss of or damage to property. Such policy $hall note the Town!l!l additional name insured thereunder. The policy shall provided oovenge
" against all claims for damage or illjury including death to any person or pcnons for damag~ to any property orlbc Town or any other public or private property resulting from or ari~ing out of any act or omission on the part of tile Owner or any ofits savants or agents during the oonstruction or installation or maintenance of any WQrk to be perfonncd pursuant to this Agreement. The policy shall include complete ooverage for a period of twelve (12) months after preliminary IpproVai of all WCKb required IIIldcf" this Agreement The policy shall include blanket written contractual liability, cross liability, oontinge:nl employa'lliiability, personal injury endorsement, liabi lity with respect to
non-owned licensed vehicles and have no exclusion pertaining to shoring. bluting, elIcavating, underpinning, demolition, pile driving. caisson wort;: and worlc below ground 5UIfacc including tunnelling and grading. The Owner shall forward to the Town, prior to the signing oflhis ~ent by the Town, a Certificate of Liability lnsurance lIS per specimen copy (soc Schedule "M") orin such other rom acceptable \0 !he Town in its !lOlt di$Cfdion. This Certificate oflnsunmcc shall be signed by an authorized officer of the insurance company.
70. INDEMNITY
a) The Owner on behalf of himself, its succes!lOrS and IISSigns in title, berebyoovcnanu and agrees to indemnify and $8.ve harmless the Town from all actions, causes of action, suits. elainu or demands whatsoever, which arise directly or by reason oflhc development of the Plan ofSubdivilion h«Cin or the C(J(I.fttU(:tion and maintenance of the Works until ruch Worb have received final acceptance from thel Town.
71. ACTIONS NOT DEEMED ACCEYfANCE
a) The Owner ~ thai the Worts n:fcrred to hc:nrin may be used by ~ Town for the purpose for which such Works are <ie5igned, and that such use shall not be deemed an accepWlOe of~ Works by the Town, nor shall such use in lIllY way relieve the Owner of its obligations with respect to the constJuction and maintenanceof5uch Worts.
n. EMERGENCY REPAIRS
.) II is agreed that cmplo)U:$ or agents of the Town may enter the said lan<b at anytime or from time to time for the purpose of making emergency repairs to any of~ said Worb. Such entry and repairs shall not be deemed an aooeptaDce of any of the laid Works by the Town nor an assumption by the Town of any liability in lXInne<:tioo herewith nor • release from the Owner of anyofits obligations under this Agnlement.
73. INTEREST
.) Interesl at the mle of l S% per annum shall be payable by the Owner to the Town on aU sums of money payable to the Town herein which are not paid on the dUel date which inlCR$l shall be cakull1ed from IUCh due dates.
74. CONSTRUCTION LIEN HOLD BACK
.) The Owner agrees \hal it will hold back in its p8ytnQlt 10 any contractors who may IXIn$lJUd. the Works, such sums as provided in accordance with the ColLrtruction Lien Ac/ and will otherwise indemnify the Town against any claims, actions or demands for liens 01" otherwise: in oonnClCliOD with thel Works and al l costs in oonnection with the Worts and all costs therewith and on the demand orthe Town will forthwith take such step 10 immedialely di8Charge all liens uponthc Worb. Should a li en be filed. this will
" IX)IlSlitute a default and the Town may use the security provided by the Owner for paymcm into court of thc bold back monies pJU5 costs. The Owner acknowledges that it will reimburse \he Town for any legal fees incurred as a result of any default pursuant to this clause.
75. TIME LlMrTATlONS
a) In evml thai the Plan of Subdivision bas not been rqistered within 45 days from the date of this Agreement, the Town may. &I its option, on one (\) month's notice to the O wner, dcclue this Agn:emcnl to be null and void;
b) If the Works set oul in this Agreement have oot bcm complctc:d to the point of preliminary III;CCptanoe within thiny-six (J6) months from the date afthe registration of the Pian of Subdivision, or such later dale as may be specified in Schedule ·C·, the Town may, at its option, revise this Agreement unilaterally with regards to any Orlhe Wms or any otha- matters provided in this AgreemmL
76. LOCATION NOTICES TO BE SERVED
.) Anynotiocs required to be given hemmdermaybe given byrcgislttedmaiJIddressc:d 10 the otherpet)' al its principal. place ofbusine:s.l and shall be effective as orlbe dale of deposit thereofin tho post office.
77. LOCAL lMPROVEMENTS
I) The Town may at any time make application. to the Ontario Municipal Board forapproval to carry oul additional Works as a local improvement, which is deemed ncc"ury by the Council of the Corporuion of the Town ofRenlTew for the properties which are within this Subdivision, and the Owner agrees to support the said application.
78. INHIBITING ORDER
a) The Owner funher covenants to prepare BOd have registerul with the Plan of Subdivision, the plan docwnent, a C lerk's Certificate listing all suchdocuments set out below and requestil\i the Land Registm to issue and lnhibiting Order including:
I. The Subdivision Agreanent; ii. The Transfer of Landa as set out in Schedule "D" attached hereof;
I II. TIle Transferofthe Reservel and Road Widcning.1II.1 asset out in Schedule "D" hereof;
IV. TIle Transfer of Easements for DnUnage Purposes, all as set out in Schedule "I" and parapaph 55 hereoC
The Owner further covenants that no other documents shall be registered on the Ti tle to the lands after the registration orthe Plan of Subdivision until the afo~id documents have been registen:d.
79. ACKNOWLEDGEMENT
a) The Owner acknowledges and ag:na that the mtcring into and the registration of this Agr-eernent, pursuant to the .ppropria1e provillions of nO! Phmning Act, R.S.O. 1990, and the Devefopmtnl Cluugu Act, R.S.O. 1990, and amendments thereto, is a (:(IOdition preoedent wilhaut which the Town would not have entered into this Agreement.
Subdivisicm AtPiXtikUI . Hunter Gote • I'UJe "
" 80. LIEN AGAINST LAND
a) The Owner, for hfins(:Jf, his heirs, executors, adminlstralOrs, SUCCC$!lOfS and assigns, covenants and agrea that should any Works Rlquirtd under this Agreement not be oomplcted, or should any SUIll!; due to be paid to the Town under this Agreement not bo paid to the Town, the cost of completing tho said Works, or the balanc:e outswxling mel due to the Town shall o:mslitutc a lien against all the Lands oflbe Subdivision, and the said swns shall be recovered under the appropriate provisioDli of the Municipal Act. lOO!. S.O., c. 25, and amendments thereto, in like mll11ller lIS Municipal Taxes.
b} This Agreement and everything oontained herein sbaIl emure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, adminislnltors. suOCC8SOT1l1nd assigns.
0) This Agreement shall be read with all changes of gender and number whel'ever the context to requilq.
81. PURCHASE AND SALE'S AGREEMENTS AND CONVENAl'ro'TS ON TITLE
.) The Owner shall advise purcilascn of Lots 6 1(1 13 and Blocks 20 to 23, inclusively. through the Agreements of Pur<:hase and Sale that the Town of Renfrew is the P10perty Owner of Block 33 and that these lands are located within the Environmental Protection (EP) Zone orZoning By-law No. '*2010.
b) The Owner shall advi..e purchasers Ihrougb the Agreements of Purchase and Sale that the following ltUdies and agreements apply 10 the lands purchased and may provide conditiollll on the use of the propmy:
I. The Subdivision Agreement which appHalO the IlI!Ids being !!Old; u. The report prcpaRd by Golda Associates Ltd. entitled ~Gwtecln1CQI
I ffVt.StigWWlI and Slopt ~bi/jty Evalll(l/f(}n, Proposed Residelltial /Jevt/opnlnu, Phase" - Hwnter's Gale Subdivision, Rellfrew, Ontario" dated July 2015, Report No. 15)2944 as well as the addendum ldte:rtitled HGnuJillg Plan Review Plltue" - HWlIt~"s Galt. Ottawa, Ontario" datedAUgu5t91!1 • 2016. Report No. 1532944; and
m. Hall A.,.III«! Ellvirollmental Assessment Study a"d lire Enviro"mental Study Report prcpam;l by BT Engineering, dated November 201S.
" IN WITNESS WHEREOF the parties hemo have hereunto affixed their corporate seals duly attested 10 by !he hands ortheir prop« signing officers authorited in tIw behalf, respectively.
DATEDATTH[ ~et7tr'fA:eY TUlS~DAYOF ~«¥J ,2017.
SIGNED, SEALED AND DELIVERED in the presence of:
M. WILSON HOME DEVELOPMENTS LTD.
WlllIess: Ptr:
Title:
Per:
Tide:
"1 (We)""~ tile IIlItllori!y to bifId 'lit Corporurlo,,"
DATED AT TUETOWN OF RENFREW THIS ~DAY OF . 2017.
SIGNED, SEALED AND DELIVERED III the presence of;
L
THE CORPORATlON OF THE TOWN OF
"""mEW
Don £ady, Mayor
< •
Kim R. Bulmer, AMCT,Ckrk
" SCHEDULE "A"
DESCRIPTION OF LANDS TO wmell THIS AGREEMENT APPLIES
Part of Lots \0 and 11; and Part of Road Allowance Bet .... oeo Lots 10 and II (Fronting Concession 3) Concession 3; Geographic Township of Horton, Town o( Renfrew, County of Renfrew
16
SCIIEDULE " 8 "
PLAN OF SUBDIVISION
That this Agreement applies to the Registered Plan of Subdivision, 49M- .. , dated January "*, 2017, prepared by Adam Kasprzak Ontario Land Surwyor, Adam K.aspr7.ak Surveying LId., identified as Reference .......
The original can be viewed at the Corporation of thc Town of Renfrew at the following address: 127 Raglan Street South, Renfrew, Ontario, K7V IPS
SubdiviNoo ",,""*41 . HIUlIa' (la1lO - PbMe ..
31
SCHEDULE "e"
TIME SCHEDULE FOR WORKS
The Owner shall complde all Won:s identified in this ~cnt within thirty-six (lIS) months after
the signing of this Agrecmc:nt. Failure by the Owner 10 comply with the time schedule shall
constitute a default of this Agrc:cment by the Owner.
Council nay by resolution gllUl\ an extensioo to tbc completion of all Wotts upon written request for
an Clltension being submitted by the Owner. Approval will not be umusonably withheld by CollllC11
provided !be Owner provldes reasonable uplanations and justifications for malting such • request.
New oonditions may be negotiated i(the Works are DOt completed within thirty-si,. (36) months.
I. RESERVES
" SCIl£DULE "D"
SPECIAL CONDITIONS
a) The Owner shall tnmsfcr 10 the Town ofRcnfrew free &om encwnbrances at time of registration of the Pian of Subdivision the 0.3 meb'e reserves identified 01\ the plan set out in Scbcdule "r.
2. HIGHWAY WlDENINGS
N/A
3. TRANSFER OF u..NDS
a) The Owner shall lran$fer 10 the Town, free of fees and encumboran=J, al time of registration of the Plan of Subdivision 810cb 29, 30 and 31 identified on !he plan described in Schedule "8".
b) The Owner shali transfet 10 the Town, free of foes and encumbrances, al time of regi$tration of the Plan of Subdivision Block 14 identified on the plan de$Crlbcd in Schedule "B".
c) The Owner shall transfer to the Town, free of fees and encumbrances, at time of registration nfthe Plan of Subdivision Blocks 32 and 33 identified on the plan dc:s:ribcd in Schedule "S".
d) The Owner sball transfer to the adjacent p!opttty owncn klcatcd on thalOUth east side, free of fees and tflcumhnlnces, 11 time ofregistntion oflhe Plan ofSubdivilion B1QCb 24, 25, 26, and 27 identified on the plan de9cribcd in Schedule "8 ", That the Owner herebyagt'CC9 to grade, lay a minimum ofmur (4) inches oftop::lOil and shall h)'dro !IeC:d Blocks 24, 25, 26 and 27 prior 10 the transfer of the !laid block!.
e) The Owner shal l transfer to the Town, free of fees and cocumbrances, &I time of regisfration oCme Plan of Subdivision Blocks 35, 36, 37, 38, 39 and 40 identified on the plan described in Schedule "B".
4. SPECIAL CONDITIONS
a) That the OwntT shall retain Block 34 identi.fied on the plan described in Schedule "8" and that the OwntT shall comply a! the time of a future development ptoposal with municipal, Provincial and lIDyother agencies standards, policies and regulations.
b) That the OwnCf shall fulfill to the satisfaction of the Town of Renfrew, the following requirements in IICCQf"(\ance with the approved Holl A~1Wi! Etlvirof1lMntol,use$!mntl S/lldy cwI 1M EtlvirotllPlOltol Study Report prepared by BT Engineering, dated November 2015, relating to the provision of Hall Avenue, immediately following the registration of the Plan ofSubdiviJion:
I . That the Owner shall grade a width extending S.S metres northerly from the rear ptoperty lines uflbe properties baOOug onlo Hall A venue in 8COO!"dancc with the approved grading plan;
39
H. That the Ownc:f shall plM! the trees along Hall AvCDue in aooordaDce with Schedule "(j~;
c) TheOwnershall at its expense, grant lIDeasementin favwoftheTown fortheopemtiOil of an active IJanSportatlon COITidor in the location and having the same width and length of Hal l Avenue for Ihe portion of the st!u:I. which has no! been dedicated II!! public highway. A Preliminary Refermoe Plan indicating the easement shall be reviewed tmd approved by the Town ofRentTew.
I. The Town covenants and agrees to indemnify and 5a\'e hamlla<ls the Owna fn:nn and against all costs, charges, expenses, lUilS, claims, losses and damages arising out of any injury, penonaI claim or PIV}ICl'ty damage occasioned by the said easement for the active transportation corridor or by any losses which the Owner may sustain, incur or for which the Owner may be liable in consequence of the said easement and the granting of thi, easefl1COt.
n. That the Town hereby covenants to place insurance on the said easement for public liability in the IIIIIOUIlI of not less than five million dollars (SS,OOO,OOO.OO).
d) TIle Owner shall at its CllpeMe, prepaR: a reference plan of Block 31 in order to create parIS which shall be transfen-ed to the Otteridge Avenue properties backing onlO Hall Avenue with the granting of an ~ as requiml by the Town ofRmfm¥ for the opera!ion and/onnaintenancc ofstonn water management and drainage facilities. The Preliminary Reference Plan indicating the aucmcnts shal l be reviewcd IIDI1 approved by the Town of Renfrew.
e) Thai the Owner shal l cmure thai all required casements arc registered on title immediatcl.y following registration of the Plan of Subdivision and shall provide oonfinnation and copies of IUCh plans to the Town of Renfrew. The registration of required cucmmt shall be at the apm5C of the Owner.
f) The Owo!:r agrees that it is the Qwncr'! respon!'Iibility to comply with the provisions of Ontario'! Endangered Species Act, as amcndcd, and ally Regulations relating thereto. The Ownef acknowledges that Ihit resporwibility is on-going and agn:a to satisfactorily addmIs any issues that arise during construction. The Owner ~ acknowledges that there may be other li abilities, consequences Md pcn.alties set out in the N.id act for noncompliance.
g) The Owner shal l take the necessary steps in ordef to meet the following requiremcnl$ of Canada Post:
I. Install, Community Mailbox (CMB) along Street '"C .djaoent to Block 63 00 Street A of the approved drut plan mating to this Plan of Subdivilion.
il. Agree to \he update the existing CMB on Ottcridge A venue to aa:ommodatc 28 customers.
iii. Notify Canada Post if the project changes thereby potentially impacting Canada Post IItI'Vice.
IV. Notify Canada Post of the new civic addresses as soon as possible. v. Provide Canada Post with the following dates:
- development work: is scheduled to begin; - aeavatioo for the first foundation; and - installation of the CMB(I).
VI. Indicate the pcmtanent CMB locations on the appropriate servicing plan. VII. Display a map on the wall of the sales office, in a place readily accessible to
potential homcownc:n that indicat.cs the location orall Community Mail Boxes within the development, all approved by Canada PO!! and prior to offering any unilll for sale.
viii. Include in all offers of purcltase and sale, • statement which advises the purchaser thai mail will be delivered vi. Community Mail Box.
ix. To note the locations of all Community Mail Boxes within the development and to notify affected homeowners of any established eascmcnbl grantod to Canada Post to permit aoxess to the Community Mail Box.
x. Provide. suitable and safe temponry site for a Community Mail Box until curbs, sidewalkl and final grading are completed at the permanent location.
Xl. To include the following requirements OD the appiopriale servicing plans: any requited walkway across the boulevard, lay-bys if requimi per municipal standards; any requimd curb depressions for wheelchair IIC()CIII, with an opening of at least two metres (consult with Canada Post for detailed specifications).
h) The Owner shall take the necessary steps in order to meet the following requiremml80f Enbridge IIDd shall agree to the terms outlined below:
i. Contact Enbridge Gas Di$tribution's CustDmer Conrxetions department by emailing [email protected] for SCNice and meter insta1lation details and to enmre aU gall piping is installed prior to the oommencement Df site landscaping (includini, but not limited to: tree planliDg, ,ilvs cells, IIDd for soil trenches) aodfor uphalt paving.
Ii. If the gas main needs to be ~located as a resul t of changes in Ihe alignment of grade of the future road allowaDCe.'! or for tcmponry gas pipe: inslallatiOlls pcrtairung to phase construction, all oost:J are the respoDSlbility of the applicant.
lli . In the event that easement(s) arc required to service !hisdevclopment.IbcOwner will provide the eascmcnt(.) to Enbridge Gas Distribution at no cost. The inhibiting onier will not be lifted until the appliC3lion has met all of Enbridge Gu Distribution'. req~ments.
IV. The Owner will grade all road allowances to 8lI final elevation as pos!ible, provide 1"'ff""Y field !IWVCy infunnllrion and all approved mlmieipai road cro5S
sections, identifying all utility locations prior to the installation of the gas piping.
41
SOIEDULE "E"
HARD AND SOfT COPIES TO BE PBOVJDED
The Owner shall supply tlle Town wim tW(I SdS of hatd copies and 50ft copies of al l "as built"
dJ'II~ and • copyoo CD or USB of the general plan of servio;es as shown 011 Schedule "0" hereto,
computiblc wilh Autodesk's AutOClld, Release 2010, on DWO and PDF fOll1lat. All "as buil l~
drawings must be accompanied by the following tables (eleo::tronlc copies of these !abIes are
available upon reque5t).
42
SCIIEDUU; "F"
REPORTS &N0 STUDIES
DMINAGE PLAN
The oomplete dairuoge shall be constructed to the requirements oftht Town's Engineer.
GRADING PLAN
The oomplete gmdillg sllall be constructod 10 the requirements oflhe Town's Engineer.
STORM WATER MANAGEMENT. STORM SEWER. SANITARY SEWER AND
W ATESMAIN DESIGN BRIEF
The rqlOn prepaml by Stanke Consultants Ltd. entitled "HUIIler Gale Subdiruion PhDse 4
FlirICtioNlI Servicing Report' dated May ~, 2016 forms a part of thi, Agreemeru and is also
available for review at the Town of Renfrew , 127 Raglan Street South, Renfrew (Onlario). K7V 1 P8.
The report prepan:d by Staolec Consultants Ud. entitled 'WilNer Gate Phase 4 &lIIl/ary PumpiNg
StDllolI - Final Dalgn Brier dated Augu!14·, 2016 forms a part or lhis Agreement ft!Id i. also
available forreview attheTown of Rcnfrew, \27 Raglan Strm South, Renfrew (Ontario), K7V IPS.
GEOTECHNICAL INVESTIGATION
The report prepared by Golder ~ates Ltd. entitled M~I«hnical IffVe3tigariQn and Slope
The report prcparo;I by Stanlee Consultants Ltd. entitled 'WIlII/n" Que P/uue 4 TransportatiDl1
Jmpacr StudY' dated December 2r. 2016; Project No. 16360 I 092 forms a part of \hit Agreement
and is also available for review at the Town of Renfrew, 127 Raglan Stred South, Renfrew
(Ool&rio), K7V IPS.
., SC(!EQULE "0"
PLANS
The following plan!ldrawings apply to this Subdivision Agreement and, cxcqlt approval by the Oircctor of the Department of Development IIlIII WorD, the development of !he lands, the construction of !!.II Worb will be in accordance with these plans/drawings:
pp.J
PP-2
Pp-)
PP-4
PP-5
PP-6
pp-,
PP-8
PP-9
44
SCIJEDULE "0" (CONTD>
1-.L-1O~2 -+!:!!!!!!:!£~ ___ ~
PRO>
PRQl
1().(iIS
--f
"5
" SCHEDULE "8"
SIGN CHARGES. TEMPORARY SIGNS AND TRUCK ROI./TE
a) The Town shall at the Owner's expense supply the following signs and others as rc:quim1 in accordance with Schedule "0- of such design and specification.<! acceplilble 10 the Town. The Owner shall at his expense erect such the following signll and OOlCTS are required in accordance with the spocificatiOM or the Town.
i. Traffic ngns; II. Slop signs;
III. No parkins signs, IV. Warning sign at end of cul-de-sac and Hall Avenue; and v. any other signs required by the Highway Traffic Legislation in effeet al the time
of the construction provided in this Agreement or IIlIYOIbc:r (cden\J, provincial Of
municipal laW3 in effect at the said limes.
T emporuy Street NIUDe Sign
a) The Owntt shall instal! and maintain as soon as possible afiet the construction of tile road, at his own ex~ "Temporary Street Name Sign" for all the Roads in the Subdivision during the period of construction, for reason of security and del ivery.
Tl'1Ick Routt
a) The Truck Routt should bedesignated as being Gillan Road and Hall Avenue. Trucb sbould use these JIlteU to ~ the proposed St«:eU in Ihe Subdivision.
SubdMAon ,,*,00_ -~ Gate _ "- 4
46
SCHEDULE "I"
TRANSFERS OF LANDS FOR PUBLIC PURPOSrsAND EASEMENTS
That the Transfer of Land for Public P'urposcs and Euanent described below applies to the Registered Refermce Plan, 49R- , dated ~ 2011, prepanxl by Adam Kasprzak Ontario Land Surveyor, Adam Kaspruk Surveying Ltd., identified 8lI Reference
That all cuemc:rus required for uti lity or drainage purposes $hall be granted to the appropriate authority.
a) The Owner shal l convey an easemtfI! for drainage purposes to the Town, lit:eorrees and encumbrances, at the time of tile registration oflhe Plan of Subdivision over Parts 2, 3, 11 , 12, 13, 14, 15, 16, 17, 18, 19 ¥ld 20 of Plan 49R-__ ~
b) 1lIe Owno- shall convey an easement for aroess purposes to the Renfrew Hydro Inc., free offce:s and encumbrances. aI the lime oftbe registration ofthc Plan ofSubdivi~ion over Parts 2, 4, S, 6, 7, 8, 9, 10 and I I of Plan 49R-__ _
That the Transfer of Land for Public Purposes and Easement described below applies 10 the Registered Reference Plan, 49R- . dated -----J 2017, prepamI by Adam Kaspruk Ontario Land Surveyor, Adam Kaspr .... Surveying Ltd., identified as Reference
That all easements required for utility or drainage PllIJlO5CS shall be granted to the appLopriate aulhorily.
a) The Owner shall oonvcy an easement for active lranSportation purposes to the Town, free oHce:s and encumbrances, at the time of the registration of tile Plan of Subdivision over Part 1 orplan49R. _ _ ~
47
SCHEDULE "J"
FORM OF LETTER OF CREDIT
The Corpomiou of the Towu of Reofrew 121 Raglan SIJOI:I Soulh RaltKw, Ontario K7V IPS
RE: Guarantee No.: AmountS: Expiry Date:
AI !he ttlqUCSI of (the "Cuatome:r") the a-k: of (\he "Bankh for valuable oonsida'atiou, the =eipI wberrof il hc:rc:by aclwowledgeo1, by thillcnef of plltfMtee
(the "Guanmtee") irrevocably...d unconditionally guuantcca pa)'llW'llt to y<IIl, the C;.rponti<.ln oflhe Town of Renfrew (the "C«poratiou"), ora tobIllDlOUo\ ofS, _ ___ _
Thi. J'WllDtee is i • ..,..! in connection with Ihe perfor,,:,an:~~"':':========::Of alllbc: tmnJ of. Site Plan Agreerncul (the ..... groc:ment·) dlted the
A payment under th is GUIAlUet shaD be mllde before the ""pity h=of upon )<IIJr preaentiag 10 the Bank al ill
;:c_===_h. (Il Your writto:n demand for paymcnl in the fonn dcso;nbod below. (b) Thil Guarantee. (e) Either (i) VO\Icbcn paid by the Corpo:nticn cenificd by iu T~ .. !lavina bcm paid by bim on .ccount oflhe Cu"omer, for ...art. aerviceI or nwcrials noquired to be performed Of aupptied under the said A~t. or (ii) I letter from the Corporation certifYinl: that the ·Cuscomer";I;O default in performing or suppiyinll work, oa. iceI or materials raruin:d 10 be pcrlOftD«l ........ pplicd under the ",id AII ..... ,,,,,t wbether Of DOIIhe Corporation has i!Klf already performed Ol' l u""lied the 16ffie.
The Mid demand JIlall refer 10 th il auar..tee by the aOOve numbc:o-, lhall $We the amau.ntdemaoded mel Ihall certify: (I) Thai the .moun\ ;1 due and pa)'IIble 10 )'011 by the Customer, and (b) That )'011 haw requested payment of the ..wi. IlIIIOWII from the Cuawmer and haw: not receival paymenl. and M That the IIIDOWI\ ranaim unpaid thirty (30) days after mailing of written demand.
Upoq receipt by \be Bank at the said Blancb of the sad demand .. d !be nlher documeut(s) refCTJed 10 above orJOl hefon: the Expiry Date, the Bank .tWI pay 10 )'OU the amount ."ted in the said demand 10 be paysble 10 )'O\l by _y of the BIIIk'I draft withoo\ eoquiring wh~)'OU haw: a risbt 10 IUCb ImOUllt U between ~lf
and the CuIllOmcr, provided that RIch -"1. Ioguher with other amounts paid 1O}'OIl under this Guaranlec, if Illy, doe. not. ueeed in the ly;rqaIe the amount of this Q\wantee.
1be Bank m~ IIOte 00 tbill Ouarantee the amount and date of any paymcal made 10 you under tbia Guarantee and shall retail! th is Ouarmlec 'fthe asa:regate amount oflhls Guarantee baa DOl boeo paid 10)'011 if!be Expiry Date baa occurred
This kuer of <hoararuee is ilTCVOe8bJe until bul luton>atical ly rcttew10 from year to )'CII',
unlcsa!be Bank aiVQ ninety (90) dayll DOUce m.t it docIlIOt propollC \0 rencw ;l Thia letter of cralit may he reduced from time 10 time if the Ccnporation certifiealO the Bmk that part of the work baa been oompletecl. The amowlI by whicb lhi.letter of cralit sbaJl be reduced, shall be one-balf(lfl) oftbc value oftbc work done and rrweriaJs supplied u ~Iicd. ill writing by the Corporation.
Y 0\IfS Indy,
(Authori7.cd Signature)
SI3bcIMsioD Agi .... , .... - HUDler Gille - "'-4
48
SCHEDULE "K" ESTIMATED COST OF WORKS
The Owner shall deposit with the Town, a sum in ca.m, irrevocable letterof credit onubdivisioo hood
in I form approval by the Town Trea..rurer (which deposit, howevQ" made, may be ",ferm;l to
hereafter u "a deposit" or "deposits;, equal \0 one hUJU.ired pm:ent (100%) of the estimated ClOSt of
the Wort set out below and hence the said deposit to be submitted in the amount o fS*** .. ··.** OIl
the following estimates relevlIIlt 10 Site Works established by !hi! Agreement. .. ~ .... "---_ .... .-)
The estimated cost ofworb oontinues on Schedule "K" (CONT'D).
" semmULE "K" (co..'1T'Dl
_'Ion", " ___ U.~I
The original cstimated COS! of worbi can be viewed at me Corporation of the Town of Renfrew at the following address: 127 Raglan Street South, Renfrew, Ontario, K7V 1 P8
SCHEDULE "Ln
BUILDiNG RESTRICI1QNS AND DEVELOPMENT CHARGES
I. BunnING RESnucnONS
All structurel shall confonn to the requirements of the Bulldi1lg Code Act, 1980 and RegulBtiOlUl
thereto and all amendments thereto and the relevant buildin8 By-la~ in effect in the Town of
Renfrew at the time of issuance of the buildina permit and in IICCOf(\ance and confonnily with the
7.(IOmg reslTictimul applicable 10 the area.
2. DEVELOPMENT CHARGES
The Owner $hall pay those chargallCl out in the !JevDopmtfll Clwrxa By-Law and the Se>.wr R4~ By-
1-11.." of the Town of Renfrew which by-laws were enacted pursuant 10 the ~/op_fli Clulrga Act
R...S.O. 1990 and amendments thm:lO and thcMllflicip<l1 ACI, 2001, S.O., e. 25, as amended.
51
SCHEDULE "M"
REQUIRED WORDlNC OF CERT!F1CATE OF
LIA8JLID INSURANCE
(lnsumnce Company)
TO: The Corporation of the Town of Renfrew 121 Raglan Street South Renfrew. (Onlario) K7V 1 P8
This i~ to emf)' that (Name of OwnaLwhose address is has Comprehensive Liability lnsunmce in this Company under Policy No. npiring on
;<."""';;;;;:;;;;"-::;:::;:::-:=-====<= subject to limits of not Ie& than five million dollars ($5,000,000.00) inclusive petoc:cum:nce for bodily injury, death and damage to property including loss of use thtfC:Of.
The Comprehensive GcneraI Liability Insurance includC$ covenge for.
1. premises and openItiom liability 2. products or completed liability 3. blanket oootractualliability 4. cross liability S. contingent cmploya's liabilily 6. personal injury liability arising out of false lIITtSt. detention or imprisonment or
malicious prosecution; libel or slandcror defBmation of chanttcr, invasion of privacy wrongful evictiOl'1 and wrongful entry
7. shoring. blasting. excavating, underpinning, demolition, pile driving and caiuon wolk, work below ground surface tunnelling and p ing
8. !lability with respect to llOn-<lwncd licensed vehicles.
'The Policy con~ the following endorsements:
I. The Col'pOt8tion of the Town ofRenfrcw i , lidded as Named Insurt!d with respect to the
Subdivision known as located in 1..01(5) CoocessiOfl .. ==:: Town of Renfrew , more particular1ydcs:ribed in Schedule· A· to Ihe Subdivision Agrccmmt datedt~_dayof 20_ bctween(NameofOwncr)andThe Corporation of the Town of R~ and shown 011 the Plan of Subdivision entc:«:d in the regi5ter for Soction in the Offioc of Land Titles Divillion ofRusscll .
2. II is UDdc:ntood and agreed that the eovc:rr.gc provided by this policywill not be changed. Of
amended in any way which reduocs the eoverage nor cancelled or allowed to lapse until thirty (30) days after written notice by registered mail or personal delivery of such change, canccl1a1ion, or lapse. shall have been given to The Corporation ofthc Town ofRcotrcw.
o '~A~TE:D~~"~===::>o:::=::-____ ____ _ ~' Ontario, this _ _ day of _ 20
(Name oflnsurancc Company)
Per: (Signalln"e of Authorized Signing Officer of lnsmanc:e Company)
(Title)
" SCHEDUI.E "Nft
CONSENI OF CHARGEE
IN THE MA TIER OF • Plan of Subdivision of _ __ ~' Section __ ~. being Part of 1..0(--,
Concession • Township of , County of , now in the Town of
Renfrew. the Chargee under Charge registcm:las Noo _ __ hereby oonsents to the leons of the
attached Subdivisi01l Agrocment dated Ihe_ th dayof __ ", 20---, between the Corporation oflhe
Town of Renfrew IIIld _______ and covenants and ~ that in the event that the
aforementioned lands become vested in the said Owgee, the said Chargee shall be required 10
comply wilb the terms berein 10 me same alent as ifil b.d been the Owna-.
IN WITNESS WHEREOF the Chargee has hereunto affixed its Corporate Seal under the hands of its
duly authorized signing officcn this day of 20.
PER: ,,=========;::-_ I havt: the authority to bind the Corpontion
