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.- '-SCHEDULE “A” T O BY -LA W NO. 2006-91 1 THE PINES SUBDIVISION THIS A GREEMENT made the day of,
2006 BETWEEN: 2062777 ONT ARIO LIMITED a compan y incorporated pursuant to the la ws of the Pro vince of Ontario (hereina?er called the "Owner") OF THE FIRST P AR T -AND-THE CORPORA TION OF THE T O WNSHIP OF SEVERN (hereinafter called the "Municipality") OF THE SECOND P AR T WHEREAS the lands af fected by this Agreement are the lands described in Schedule "A" hereto anne x ed, and are also sho wn on the Plan of Subdi vision attached to and forming part of this Agreement as Schedule “B” and collecti v ely are herein referred to as the “said lands”; AND WHEREAS a Draft Plan with Conditions (SV -T -90011) has been appro v ed for the proposed subdi vision consisting of 26 lots which requires that the Owner must satisfy all the requirements ?nancial and otherwise of the Municipality including the pro visions of certain Municipal Services; NO W THEREFORE THIS A GREEMENT WITNESSETH that in consideration of the premises and for other good and v aluable consideration and the sum of T w o Dollars ($2.00) of la wful mone y of Canada no w paid by the Municipality to the Owner (the receipt whereof is hereby ackno wledged), THE O WNER AND THE MUNICIP ALITY HEREBY CO VEN ANT AND A GREE WITH ONE ANO THER AS FOLLO WS: P AR T -1 THE LANDS, PLANS, AND REPRESENT A TIONS 1. SCOPE OF A GREEMENT 1.1 Description of Lands -The lands af fected by this Agreement are the lands described in Schedule "A" hereto. 1.2 Plan Reference -F or the purpose of this Agreement, references are made to the Plan of Subdi vision attached hereto as Schedule “B”. An y further changes in the said Plan, or an y changes in the Conditions of Draft Appro v al, appro v ed by the Ontario Municipal Board , may necessitate a change in the pro visions of this Agreement. 1.3 Conformity with Agreement -The Owner co v enants and agrees that no w ork shal l be performed on the said lands except in conformity with: (a) the pro visions of this Agreement, including the Schedules hereinafte r referred to; (b) the Plans, Reports and Speci?cations submitted to and accepted by th e Municipality as being within its design criteria, including b ut not limite d to those plans, reports and speci?cations set out in Schedule “F” hereto, al l of which may be hereina?er collecti v ely referred to as the “ Appro v ed Plans”; (c) all applicable Municipal By-la ws, including an y applicable Site Pla n Control By-la ws;11 13.2
Com
rehensi v eGeneral
Liabili
-Such polic y shall carry limits of liability in the amount to be speci?ed by the Municipality , b ut in no ev ent shall itbe less than $5,000,000.00 inclusi v e comprehensi v e general liability and such polic y shall contain: (a) a cross-liability clause; (b) product/completed operation co v erage; (c)shall
not ha v e an exclusion pertaining to blasting, pro vided that an y blasting required to be done shall be done by an independent contractor duly quali?ed to do such w ork; ((1) shall include the follo wing names as insureds: (1) THE CORPORA TION OF THE T O WNSHIP OF SEVERN (2) HYDR O ONE; (e) Notice of Cancellation -a pro visions that the insurance compan y agrees to notify the Municipality within 15 days in adv ance of an y cancellation or expiry of the said insurance polic y. 13.3 Certi?cate of Co v erage -An y certi?cate of co v erage ?led with the Municipal solicitor shall speci?cally contain their con?rmation that co v erage includes (a), (b), (c), (d) and (e) abo v e are in ef fect. 13.4 Con?rmation of Premium P ayment -The Owner shall, from time to time as required by the Municipality , pro vide con?rmation that all premiums on such polic y or policies of insurance ha v e been paid, and that the insurance is in ?1ll force and ef fect. The Owner shall see that a cop y of the polic y is ?led with the Municipality . 13.5 Claim in Excess of Polic y Limits -The issuance of such Polic y of Insurance shall not be construed as relie ving the Owner from responsibility for other or lar ger claims, if an y and for which it may be held responsible. 14. RESPONSIBILITY PRIOR T O A CCEPT ANCE OF MUNICIP AL SER VICES 14.1 T o Pro vide V ehicular Access -Prior to the ?nal completion and acceptance of Municipa l Services, the Owner will maintain proper v ehicular access to the said lands at all times and will remo v e sno w and ice from the roadw ay in the said Subdi vision in the same manner as the Municipality remo v es sno w and ice from the Municipal Streets in similar subdi visions and/or , as may be speci?ed in written notice by the Municipality . 14.2 F ailure to Pro vide V ehicular Access -In the ev ent that proper v ehicular access and/or sno w and ice remo v al is not pro vided as so speci?ed herein, then the Municipality , through its serv ants, contractors or agents, may , (b ut shall not be oblig ated to) pro vide and maintain such access and remo v e such sno w and ice as may be required. All costs so incurred by the Municipality shall, within 30 days of demand, be paid by the Owner to the Municipality . The Municipality shall not be deemed in an y w ay to ha v e accepted the streets in the said subdi vision upon which such w ork w as done. 15. EMERGENCY SITU A TION 15.1 If, in the opinion of the Municipal Engineer , there is an emer genc y situation as a result of an y w ork undertak en by the Owner or its serv ants, or agents, which requires immediate attention to av oid damage to pri v ate or public property or services o wned by the Municipality or to eliminate a potential hazard to persons, such w ork may be done immediately by the Municipal Engineer at the expense of the Owner , b ut notice shall be gi v en to the Owner at the earliest possible time. 16. REGISTRA TION OF SUBDIVISION A GREEMENT 16.1 Prior to the re gistration of the plan, the Owner consents to the re gistration of this Agreement by the Municipality pursuant to Section 51 (26) of the Planning Act, R.S.O. 1990, c.P .13, as amended. 16.2 The re gistration expense shall be included as a le g al expense to the Owner .u"u' -1' 12 16.3
The
Ownerfurther
agrees
to ex ecute such further and other Instruments and Documents as may be required by the solicitor for the Municipality for the purpose of gi ving ef fect to this Agreement. 17. DELIVER Y OF TRANSFERS OR DEEDS OR O THER DOCUMENTS 17.1 If there are an y T ransfers, Cessations of Char ges, Deeds or Dischar ges of Mortg ages or other documents to be ex ecuted and deli v ered under this Agreement and as set out in Schedule "D", such documents shall be deli v ered to, and appro v ed by the solicitor for the Municipality and deposited with the said solicitor on the date set out in Schedule "D". 17.2 The consideration for such con v eyances shall be the sum of T w o ($2.00) Dollars. The cost of preparation, ex ecution and re gistration thereof shall be the responsibility of the Owner . 17.3 The Owner co v enants and agrees to advise the solicitor for the Municipality , immediately after re gistration of the Plan on the said lands, of the Plan Number and the re gistration date, and the Owner further co v enants and agrees that the documents listed in paragraph .1 abo v e shall be the ?rst re gistrations ag ainst the said lands. 18.CONSTR
UCTIOFLQOMMENCEMENT
AND COMPLETION 18.1 The Owner agrees to commence construction of the Municipal Services required herein for Phase I within six (6) months from the date of the re gistration of the Plan, and further agrees to complete all such services within one (1) year from the date of the re gistration of the Plan sa v e and except for the ?nal course of asphalt. 18.2 If the Municipal Services to be constructed by the Owner under this Agreement are not completed and accepted by the Municipality within the abo v e time frame, the Municipality may either: (a) gi v e notice to the Owner to stop w ork on the said Municipal Services and to pro vide that no further w ork shall be done with respect to such services until an Amending Agreement, incorporating the Standards, Speci?cations and ?nancial requirements of the Municipality , in ef fect as of that date, is ex ecuted by all parties; or (b) gi v e notice to the Owner to stop w ork on the Municipal Services and inform the Owner that the Municipality proposes to realize on its security and proceed with the completion of construction in accordance with the pro visions of the Plans ?led with the Municipality . 18.3 It is speci?cally pro vided that an y Amending Agreement ex ecuted pursuant to the pro visions of this Section, shall be re gistered on title and there shall be no connection to the Municipa l Services until the Amending Agreement has been so re gistered, and all the required services completed. 19. A TT A CHED SCHEDULES 19.1 It is agreed that ev erything included in this Agreement and the Schedules attache d thereto, together with all engineering dra wings, material and undertakings ?led by the Owner an d accepted by the Municipality , or by an y Ministry of the Go v ernment, or by an y local Health Unit, shal l be included in and form part of this Agreement. 20. PURCHASE AND SALE A GREEMENTS -TERMS T O BE INCORPORA TED 20.1 The Owner shall include the follo wing w arning clauses in all Of fers to Purchase for lot s within the Plan of Subdi vision: (a) Noise W arnings -Canadian National Rail w ay (1) Purchasers are advised that noise le v els from increasing rail traf?c on th e Bala Subdi vision and the Ne wmark et Subdi vision may continue to be concern, occasionally interfering with some acti vities of the dwellin g occupants as the resultant sound le v els exceed the local and the Ministry of En vironment’s Noise Criteria and that additional information measures are not proposed.13 (2) (3) (4) This dwelling unit is ?tted with forced air v entilation and the fan, ducts , etc. are sized to accommodate the installation of a central air conditionin g system if it is found necessary by the o wner/occupant at an y time in the future. If the air conditioning is to be pro vided at a later date, the outdoor unit must be located in a noise insensiti v e location. The ?nal installatio n shall meet the Ministry of En vironment’s criteria in publication NPC-116. Purchasers are advised that the Canadian National Rail w ay Compan yor its assigns or successors in interest has or ha v e a right-of-w ay within 300 metres from the land the subject hereof‘. There may be alterations to or expansions of the rail facilities on such right-of-w ay in the ?iture including the possibility that the rail w ay or its assigns or successors as aforesaid may expand its operations, which expansion may af fect the li ving en vironment of the residents in the vicinity , notwithstanding the inclusion of an y noise and vibration attenuating measures in the design of the de v elopment and indi vidual dwelling(s). CN will not be responsible for an y complaints or claims arising from use of such facilities and/or operations on, o v er or under the aforesaid right-of-w ay . Prospecti v e Purchasers are advised that despite the inclusion of noise control features within the de v elopment area and within the indi vidual b uilding units, noise le v els may continue to be of concern, occasionally interfering with some acti vities of the dwelling occupants. W ater Quality W arning (1) Purchasers are advised that w ater treatment may be necessary for the aesthetic parameter iron. Prospecti v e purchasers are also advised that well drilled into bedrock may not yield suf?cient w ater to supply a home without the addition of storage. Detailed Site Plan Requirement (1) Purchasers are advised that a detailed Site Plan shall be required by the T o wnship of Se v ern prior to the issuance of a b uilding permit for each lot, containing the follo wing information: i) the location and dimensions of the proposed house, supplementar y structures and dri v ew ays on the lot; ii) the location, size and ?nished ele v ation of primary and secondary se w age disposal systems. All pertinent design criteria, soil logs and construction features are to be pro vided; iii) existing and proposed grades of the disturbed areas of the lot after b uilding, drainage and se w age w orks ha v e been completed; iv) the location and type of proposed wells; v) the location and grades of an y proposed drainage sw ales; vi) the location of areas where v egetation is to preserv ed, vii) the location of dri v ew ay entrances and culv ert speci?cations, and viii) the location and speci?cations for the mail box, to T o wnship of Se v ern standards. Leaching bed locations shall be located on une xca v ated areas where only clearing and grubbing of v egetation is required prior to construction of a leaching bed, and that this area will remain in its natural state including topsoil during the grading and construction of the other lot grading components. (b
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|.... (d) Mailbox Locations (1) Purchasers are advised that mailbox es serving lots within the Plan of Subdi vision must be located on one side of the subdi vision street only (on the outside of crescent within the Plan) in locations sho wn on the indi vidual detailed site plans for each lot, and to the standards and speci?cations appro v ed by the T o wnship of Se v ern. In the ev ent that mailbox es are not constructed to the standards and speci?cations of the T o wnship of Se v ern and in appro v ed locations, the T o wnship of Se v ern W111 be responsible for mailbox es that are damaged or destro yed as a result of sno w remo v al acti vities. 21. STREET LIGHTING -SER VICE AREA 21.1 Service Area -All the lots on the Plan of Subdi vision of the lands described in Schedule "A" hereto, shall form a "Service Area" for street lighting purposes. All municipal costs for h ydro and maintenance of street lights to the subdi vision, shall be char ged equally amongst all the lots of the subdi vision and such costs shall be in v oiced to the lot o wners at such times and in such manner as the Municipality may arrange. 21.2 Outstanding Accounts -All char ges so le vied by the Municipality shall be due and payable on the speci?ed demand date, failure to mak e such payment, said char ges shall bear interest at the rate of 12% per annum and shall be collected in lik e manner as tax es. 21.3 Municipal Standards -All street lighting units shall be of a brand and model appro v ed by the Municipality . 21.4 Security -The Municipality will incorporate into its W ork Costs Estimates in Schedule "G", acost estimated by the Municipality to lay out and install the required streetlights. 21.5 Under ground Services — Subject to an y special pro visions contained herein, all Hydro One, Cable TV and Bell Canada services shall be under ground. 22. RESPONSIBILITY OF O WNER -ON SALE OF LO TS 22.1 Notwithstanding the issuance of a b uilding permit, or the sale of a lot, the Owner shall remain primarily responsible to the Municipality for all Municipal Services, including lot drainage, until such time as all municipal services are compete and ha v e been accepted by the Municipality , and therea?er subject to the tw o-year w arranty pro visions contained herein. 22.2 Should the Owner sell lots in the subdi vision, prior to ?nal completion and acceptance of all municipal services, and the services are damaged or the drainage pattern re-arranged from the plans and speci?cations ?led with the Municipality , then the Owner shall continue to be primarily responsibl e for these damages or changes. 22.3 The Municipality recommends that the Owner , on the sale of lots prior to acceptance of Municipal Services, tak e the follo wing precautions: (a) enter into an Agreement with the purchaser pro viding for compensation in the ev ent the purchaser or his contractors damage an y construction or mak e changes in the drainage patterns, which then become oblig ations of the Owner under this Agreement. 23. W ARRANTY -TW O YEARS -HYDR O 23.1 There shall be a tw o (2) year w arranty on all components of the electrical system to be installed by the Owner (subject to the pro visions herea?er) commencing from the time of acceptance of the service by Hydro One. 23.2 The Owner will pro vide a Letter of Credit to guarantee the abo v e w arranty in the amount set out in Schedule "E" attached. 23.3 If, after the 2-year w arranty period, an y damage is done to, or sustained by an y service cable not yet ener gized such that repairs or replacement are necessary , it shall be the responsibility of theindi
vidual
lot o wner to mak esuch
repairs orreplacement
to thecable
dedicated to the subject lot.15 24. INDEMNIFICA TION FR OM LIABILITY AND RELEASE 24.1 The Owner co v enants and agrees with the Municipality , on behalf of itself, its successors and assigns, to indemnify and sa v e harmless the Municipality , its serv ants and agents from and ag ainst an y and all actions, suits, claims and demands whatsoe v er which may arise either directly or indirectly by reason of an y w ork performed by the Owner or on his behalf in connection with the carrying out of the pro visions of this Agreement. 24.2 The Owner further co v enants and agrees to release and fore v er dischar ge the Municipality from and ag ainst all claims, demands, causes of actions, of ev ery nature and type whatsoe v er that may arise either as a result of the failure of the Municipality to carry out an y of its oblig ations under this Agreement, or , as a result of the Municipality performing an y municipal w ork on the said lands or the adjacent properties which may damage or interfere with the w orks of the Owner , pro vided that such def ault, failure or ne glect w as not caused as a result of ne gligence on the part of the Municipality , its serv ants or agents. 25. EST OPPEL OF O WNER 25.1 The Owner agrees to not call into question directly or indirectly in an y proceeding whatsoe v er , in la w or in equity , or before an y administrati v e trib unal, the right of the Municipality to enter into this Agreement and to enforce each and ev ery term, co v enant and condition herein contained and this Agreement may be pleaded as an estoppel ag ainst the Owner in an y such proceedings. P AR T -8 DEFINITIONS/GENERAL TERMS 26. DEFINITIONS 26. 1 De?nitions (a) The terms "Municipality" or "Municipal Engineer" as used in this Agreement shall also refer to the Council of the Municipality or the Engineer appointed by the Municipality for this project as the case may be; (b) The term "lot o wner" shall refer to the o wner of an y lot in the Subdi vision, and shall include the Owner; (c) The term “MOE” shall also refer to the Municipality or its agent where an y authority contemplated under the terms of this Agreement to be ex ercised by the MOE has been transferred or dele g ated to the Municipality; (d) The term "rough grading" means that grading suf?cient to establish the grading pattern of the said lands, (including storm sw ales) b ut subject to ?nal grading when landscaping and sodding is completed. P AR T -9 LETTER OF CREDIT , APPLI CA T I 0N/REALIZA T I ON 27. APPLICA TIONS OF LETTER OF CREDIT AND SECURITY 27.1 An y Letter of Credit or security ?led with the Municipality is based upon the estimated cost of completing the v arious matters prescribed by this Agreement. Ho we v er , all Letters of Credit and Security recei v ed by the Municipality may be used as security for an y item or an y other matter which under the terms of this Agreement is the responsibility of the Owner . 28. REALIZA TION OF SECURITY OR DEPOSITS 28.1 Def ault -If, in the ev ent of def ault of the Owner under an y of the pro visions of this Agreement, it becomes necessary for the Municipality to realize on its security or deposits, then the Municipality (its serv ants, agents or sub-contractors) shall, if the Municipality so elects ha v e the right and pri vile ge at all times to enter upon the lands described in Schedule "A" for the purpose of repairing or completing an y w ork or services required to be completed by the Owner under this Agreement, and for which security is held under this Agreement.
17 (b) (C) (d) (6) (f) (g) (h) (i) (J) (k) (1) -accompan ying the letter of application shall be a letter from the Owner' s consultants con?rming that the w ork required under the Subdi vision Agreement has been completed and is ready for ?nal inspection; "As Constructed Dra win s" -Com osite Services Plan -there shall be ?led with the Municipality and with Hydro One "as constructed dra wings", when require d under the Subdi vision Agreement and also a Composite Utilities Servicing Plan where speci?ed; Calculation of Lien Holdback -there shall be a calculation as to the amount to holdback under the Construction Lien Act (10% of the total construction cost); T w o Y ear Maintenance Securig -the Municipality shall determine the maintenance security and this shall be ?led with the Municipality pursuant to the pro visions of Schedule "E"; Final Course of Asphalt Security -the Municipality shall determine the security for installation of the ?nal course of asphalt and this shall be ?led with the Municipality pursuant to the pro visions of Schedule "E". W ork er' s Compensation Certi?cate -there shall be ?led with the Municipality a certi?cate from The W ork er' s Compensation Board pursuant to the pro visions of Section 119 of the W ork er' s Compensation Act con?rming that the Contractor has remitted all payments required under the act; Declaration as to Accounts -there shall be ?led a Statutory Declaration that all accounts for labour , equipment, materials and plant payable in connection with the construction, installation and maintenance of the said services, has been paid in full; Surv eyor' s Certi?cate -?le with the Municipality a Surv eyor' s Certi?cate con?rming: (1) that all proper iron bars mark ers to de?ne the Municipality' s road allo w ance on the said plans are in place; (2) that he has found, replaced or installed all iron bars sho wn on the Plan and has iron barred the limits of all easements applicable to the said de v elopment and required for municipal services; Construction Lien Subsearch -to determine that no construction liens ha v e been ?led which af fect the Municipality . Composite Utiliy Plan — ?le with the Municipality , and to its satisf action, a composite utility plan sho wing the location of all utilities public and pri v ate. De v elopment Char ge -pay to the Municipality all amounts o wing to the Municipality in accordance with the Late P ayment Agreement to be entered into between the Municipality and the Owner in the form of the Agreement attached hereto as Schedule “H”. In the ev ent that amounts o wing to the Municipality under the Late P ayment Agreement ha v e not been paid by the Owner to the Municipality , security shall not be reduced belo w the amount payable or to be paid by the Owner in accordance with the Late P ayment Agreement. P AR T -10 NO TICESHNTERPRET A TION NO TICES An y Notice to be gi v en by an y party under this Agreement may be gi v en by: (a) personal service on the parties hereto, or
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THIS IS SCHEDULE "A" T O THE SUBDIVISION A GREEMENT BETWEEN THE DESCRIPTION PIN 58608 0124 (L T), being part of Lots 11 and 12, Cone. 15 (North Orillia), being P art 1, Plan 51R -33780; Se v ern. P AR T -11 SCHEDULE "A"m
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THIS IS SCHEDULE "C" T O THE SUBDIVISION A GREEMENT BETWEEN THE CORPORA TIO N OF THE T O WNSHIP OF SEVERN AND 2062777 ONT ARIO L TD. ENGINEERING PR O VISIONS 1. O WNER'S CONSUL TING ENGINEER 1.1 The Owner agrees to retain the services of a ?rm of Professional Engineers, re gistered to practice in the Pro vince of Ontario as consulting engineers, and experienced in the ?eld of municipa l services, to pro vide all municipal engineering services in accordance with the performance standards fo r "Consulting Engineering Services to Municipalities" as de?ned by the Association of Professiona l Engineers of Ontario. Such ?rm of Professional Engineers (hereinafter called "the consulting engineer" ) must ?rst be appro v ed in writing by the Municipal Engineer . 1.2 The consulting engineer shall carry out all design w ork, prepare plans, speci?cations, pro vide such information as is required by the Municipal Engineer , estimate costs, prepare and submit the necessary applications for appro v als, contract for the construction or installatio n of the said services, call tenders, report on tenders recei v ed, construction layout, job records, obtain and record "as constructed" information, pro vide resident inspection and general supervision and prepare progress reports, and progress payment certi?cates. The Municipality may at the discretion of the Municipal Engineer ,place a Municipal Inspector on the w ork, at the expense of the Owner . 2. CONTRA CT OR T O BE APPR O VED 2.1 If Municipal Services are to be installed by a contractor selected by the Owner , such contractor shall be prior appro v ed in writing by the Municipal Engineer . 3. INSPECTION BY MUNICIP ALITY 3.1 The Municipal Engineer and/or the Building Inspector shall ha v e the right to inspect the installation of w orks and services at all times. 3.2 If at an y time the w ork and construction of the services is, in the opinion of the Municipal Engineer , not being carried out in accordance with the plans and speci?cations, or in accordance with good engineering practice, then the Municipal Engineer may stop all or an y part of the w ork on the installation of the services for an y length of time until such w ork has been placed in satisf actory condition, and in the ev ent that the Municipal Engineer deems that the w ork has not been proceeded within a proper manner , then he may stop the w ork by that Contractor and require that another Contractor be placed on the job to complete such w orks, and the cost in v olv ed in such replacement and completion of the w ork shall be paid for by that Owner . 4. INCOMPLETE OR F A UL TY W ORK 4.1 In the ev ent that the Owner fails to install the herein required Municipal Service s within the time speci?ed, or if in the sole opinion and discretion of the Municipal Engineer the Owner: (a) is not prosecuting or causing to be prosecuted the w ork required in connection wit h this Agreement with due diligence, and/or , (b) isimproperly performing the w ork, and/or , (c) has caused unreasonable delays so that the conditions of this Agreement are not being complied with or are being carelessly ex ecuted, and/or , (d) is refusing to re-do, or ag ain perform such w ork as may be rejected by the Municipal Engineer as defecti v e or unsuitable, and/or (e) is in def ault of performance of the terms of this Agreement, then in such case the Municipal Engineer shall notify the Owner of such fault or ne glect and may specify the time within which such def ault or ne glect shall then be remedied, and if it is not remedied by the speci?ed time, then SCHEDULE "C"r'
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j -I-1. ..-|_|. -i) the Municipal Engineer shall ha v e full authority and po wer to stop all w ork by the Owner , its serv ants or agents and if the Municipality so elects it may purchase such material, tools and machinery and emplo y such w orkmen or contractors as in the Municipal Engineer' s opinion shall be required to complete such w ork, and ii) the Municipality shall be entitled to realize on its security without further notice to the Owner in order to pro vide funds for the payment of an y w ork undertak en by the Municipality (pro vided that if the Municipality realizes on its security it shall not be oblig ated to complete the said w ork b ut may elect to hold such sums as cash reserv es pending the completion of the w ork by the Owner), and, iii) in the ev ent that the cost of an y w ork performed by the Municipality exceeds the realizable v alue of the security av ailable to the Municipality then the Owner shall, within 30 days of demand by the Municipality , reimb urse the Municipality for such excess expenses, and if it is not paid within the 30 days, such unpaid balance shall bear interest at the rate of 12% per annum and if not paid may be applied as a char ge on the said lands by the Municipality . 5. LAND T O BE FREE OF DEBRIS 5.1 The Owner co v enants and agrees that an y lands or easements to be con v eyed to the Municipality as set out in Schedule "D", will not be used by the Owner for the depositing of debris obtained from the de v elopment of the said lands, and further co v enants and agrees to remo v e at its o wn expense an y junk, debris, refuse upon the said lands as required by the Municipal Engineer . 6. CONSTR UCTION LIEN A CT 6.1 The Owner agrees that he will hold back in his payment to an y Contractor who may construct services, such amounts as may be required under the pro visions of the Construction Lien Act of Ontario. 6.2 The Owner agrees to indemnify and sa v e harmless the Municipality from and ag ainst all claims, demands, actions, causes of actions and cost resulting from an y construction lien ?lings or resulting in an y w ay in connection with the w ork being performed by the Owner herein, and , on demand by the Municipality ,the Owner will tak esuch steps as is necessary to immediately dischar ge all liens upon the services. 7. REP AIR OF D AMA GE FOREIGN MA TERIALS 7.1 The Owner shall be responsible for the repair of an y damage (including the remo v al of foreign materials on municipal o wned lands and roads), caused as a result of an y construction being perfonned by the Owner pursuant to the pro visions of this Agreement or pursuant to an y Building Permit issued by the Municipality to the Owner . 8. O WNERSHIP OF MUNICIP AL SER VICES 8.1 The parties hereto agree that once accepted by the Municipality , the Municipa l Services constructed pursuant to the pro visions of this Agreement on municipal lands, shall be exclusi v ely o wned by the Municipality . 9. CONNECTION T O SER VICES BEFORE OCCUP ANCY 9.1 The Owner shall connect the services on the said lands to the Municipal W ater an d Sanitary Se wer Systems prior to the occupanc y of the premises on the subject lands.-I
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I I” 10. W ORK AND INSPECTION CHARGES T O DEVELOPER 10.1 The cost of an y w ork, including inspection, performed by the Municipality pursuant to the pro visions of this Agreement, shall be calculated by the Municipal Engineer , whose decision shall be ?nal and binding. 10.2 Engineering and inspection costs shall be determined by the scale of fees as recommended by the Association of Professional Engineers of Ontario (hereinafter called "APEO") for Consulting Engineering Services, and for all other w ork char ges at a rate of 135%, for the cost of labour , equipment and material. Such sum shall be payable by the Owner on demand, it being understood and agreed that the Municipality w ould not ha v e ex ecuted this Agreement without the assumption by the Owner of all the ?nancial oblig ations imposed by this Agreement. 11. A CCESS DURING CONSTR UCTION 11.1 If by the pro visions of this Agreement, the Owner is required to construct the Municipal Services he shall maintain access to all properties adjacent to the Municipal Services being constructed, during the period of construction, so that the adjacent o wners of such properties shall ha v e proper ingress and egress to their property . 12. A CCEPT ANCE D A TES GU ARANTEES AND MAINTEN ANCE PERIODS 12.1 If by the terms of this Agreement the Owner is required to construct Municipa l Services, he shall do so within the time stipulated in the paragraph entitled "Commencement, Construction, and Completion", and will guarantee the w orkmanship and materials of the installation of the w ork and services required herein, and maintain the same from defects therein for the follo wing periods: (a) the roads and under ground services for a period of 2 years from the date of acceptance issued by the Municipality for the speci?c service, and (b) all other services for a period of 2 years from the date of the acceptance issued by the Municipality . (c) notwithstanding the fore going, in the ev ent that the Owner installs the ?nal course of asphalt, the installation of such w ork for a period of one (1) year from the date of ?nal completion. 12.2 All defects in the Municipal Services will be promptly and properly repaired by the Owner to the complete satisf action of the Municipal Engineer . 12.3 An y action by the Municipality , by itself or through its serv ants, contractors or agents for remo v al of sno w and ice, or sanding, or w ashing, or cleaning of the roads, or permitting the connection of additional services to the services herein required to be constructed, during the said guarantee and maintenance period may be done without prejudice to the Municipality' s right to enforce the guarantee and maintenance pro visions herein pro vided. 13. RELOCA TION OF SER VICES 13.1 It shall be the responsibility of the Owner to mak ethe necessary arrangements and be responsible for the costs for the remo v al and relocation of an y existing Municipal Services which require relocation in the course of, or in connection with, the construction to be performed under this Agreement.The Owner shall, on the dates speci?ed herein, lodge with the Municipality the follo wing described cash deposits, de v elopment char ges and security . 1. TYPE OF SECURITY An y security required to be ?led under this Agreement, shall be by Letter of Credit v alid for a period of 1 year with extension pro visions and prepared in a form pro vided by the Municipality . It shall be dra wn on a Schedule A Chartered Bank of Canada and shall be for the amount herea?er set out. 2. REDUCTION OF SECURITY The Owner may , as portions of the w ork are completed, mak e application to the Municipality to reduce the security in accordance with the preceding pro visions. 3. REFUND ABLE DEPOSITS a) W arranty Ag ainst Defects -T w o Y ears -Securig; If the Owner , by the terms of this Agreement, is required to construct Municipal Services, a cash deposit or a Letter of Credit to the amount hereinafter set out, shall, on the date of the acceptance of the last Municipal Service, be deposited with and retained by the Municipality for a period of 2 years after acceptance of the services, as a guarantee ag ainst an y defects in the construction of such services, and also as aguarantee of due compliance with all pro visions and oblig ations of this Agreement. 4. W arranty Ag ainst Defects -One Y ear -Final Course of Asphalt If the Owner , by the terms of this Agreement, is required to install the ?nal course of asphalt, a cash deposit or a Letter of Credit to the amount hereinafter set out, shall, on the date of ?nal completion, be deposited with and retained by the Municipality for a period of 1 year as aguarantee ag ainst an y defects in the installation of the asphalt and also as a guarantee of due compliance with all pro visions and oblig ations of this Agreement. 5. INTEREST EARNED An y interest earned on cash deposits or on security cashed by the Municipality shal l accrue to the Municipality . 6. CASH DEPOSITS -FOR THE MUNICIP ALITY The follo wing cash deposits are estimates only and are to be paid to the Municipality prior to the ex ecution of this Agreement by the Municipality . In the ev ent that the actual costs incurred by the Municipality exceed the deposits, such excess shall be in v oiced to the Owner and be due and payable 30 days after demand: a) F or le g al and engineering expenses and disb ursements in connection with all matters related to this Subdi vision Agreement, i) a deposit of $5,000.00 ii) a completion deposit of $ THIS IS SCHEDULE "E" T O THE SUBDIVISION A GREEMENT BETWEEN THE CORPORA TION OF THE T O WNSHIP OF SEVERN AND 2062777 ONT ARIO L TD. _i__,. CASH DEPOSITS DEVELOPMENT CHARGES AND SECURITY SCHEDULE "E
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MUNICIP AL SER VICES T O BE CONSTR UCTED BY O WNER Municipal Services include internal road, culv erts, stormw ater management facilities, drainage ditches and sw ales, erosion and sediment control measures, streetlights, gradin g topsoiling, seeding and other construction w orks necessary to pro vide the requisite services. All of these w orks are to be constructed in accordance with dra wings prepared by: THIS IS SCHEDULE "F" T O THE SUBDIVISION A GREEMENT BETWEEN THE CORPORA TION OF THE T O WNSHIP OF SEVERN AND 2062777 Ontario Ltd. SCHEDULE "F‘n
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DEVELOPMENT CHARGE LA TE P A YMENT A GREEMENT THIS A GREEMENT MADE BETWEEN: THE CORPORA TION OF THE T O WNSHIP OF SEVERN (hereinafter called the "Municipality") OF THE FIRST P AR T -AND -2062777 ONT ARIO L TD. (hereinafter called the "Subdi vider") WHEREAS the Subdi vider is proposing to de v elop the lands described in Schedule "A" attached hereto as a residential plan of subdi vision containing 26 lots (the "Subdi vision Lands"); AND WHEREAS, pursuant to De v elopment Char ge By-la w 2004-120, de v elopment char ges are payable for residential de v elopment based upon the number and type of dwelling units; AND WHEREAS P aragraph 3.9 of the said By-la wprescribes the timing and calculation of payment of the said de v elopment char ges; AND WHEREAS Section 27 of the De v elopment Char ges Act, 1997, pro vides that a Municipality may enter into an Agreement with an o wner who is required to pay de v elopment char ge pro viding for all or an y part of a de v elopment char ge to be paid before or after it w ould otherwise be payable; AND WHEREAS the Subdi vider has applied to defer the payment dates for the essential services component of the de v elopment char ges applicable to de v elopment upon the lots of the proposed subdi vision; NO W THEREFORE THIS A GREEMENT WITNESSETH that in consideration of the premises and for other good and v aluable consideration and the sum of T w o Dollars ($2.00) of la wful mone y of Canada no w paid by the Municipality to the Subdi vider (the receipt whereof is hereby ackno wledged), THE SUBDIVIDER AND THE MUNICIP ALITY HEREBY CO VEN ANT AND A GREE WITH ONE ANO THER AS FOLLO WS: 1. Late P ayment The full amount of the applicable de v elopment char ges imposed upon the de v elopment of each lot within the Subdi vision Lands shall be payable prior to the issuance of a b uilding permit for each such lot, in the amount and in accordance with the De v elopment Char ge By-la w or By-la ws in ef fect in the Municipality as of the date of issuance of the b uilding permit. 2. No Assignment The Subdi vider agrees that the oblig ation to pay the deferred portion of de v elopment char ges as set out herein may not be assigned in an y w ay to a third party without the prior written consent of the Municipality . 3. Estopgel The Subdi vider and the indi vidual lot o wners will not call into question directly or indirectly in an y proceeding in la w or in equity or before an y administration or other trib unal, the Municipality' s right to enter into this Agreement and to enforce ev ery term, co v enant and condition of it. The la w of contract applies to this Agreement and the T o wnship is entitled to all remedies arising from it. This pro vision may be pleaded by the Municipality in an y action or proceeding as an estoppel of an y denial of such right. SCHEDULE “H” THIS IS SCHEDULE "H" T O THE SUBDIVISION A GREEMENT BETWEEN THE CORPORA TION O F THE T O WNSHIP OF SEVERN AND 2062777 ONT ARIO L TD.31 SCHEDULE "A" PIN 58608 0124 (L T), being part of Lots 11 and 12, Cone. 15 (North Orillia), being P art 1, Plan 51R-33780 ;
