SCHEDULE
“A”
TO
BY-LAW
NO.
2007-1
28
ESTATES OF BASS LAKE SUBDIVISION THIS AGREEMENT made the 3Qth day of November, 2007 BETWEEN: ESTATES OF BASS LAKE INC., a company incorporated pursuant to the laws of the Province of Ontario (hereinafter called the “Owner) OF THE FIRST PART AND THE CORPORATION OF TUE TOWNSHIP OF SEVERN (hereinafter called the ‘Municipality”) OF THE SECOND PART WHEREAS the lands affected by this Agreementare
the lands described in Schedule “A hereto annexed, and are also shown on the Plans of Subdivision attached to and forming part of this Agreement as Schedule “B” and collectively are herein referred to as the “said lands’; AND WHEREAS Draft Plans with Conditions (Files SV-T-90041 and SV-T-90067) have been approved by the County ofSimcoe for the proposed subdivision, which require that the Owner must satisfy all the requirements, fmancial and otherwise, of the Municipality; AND WHEREAS the Owner proposes to develop two Plans of Subdivision consisting of: i) 23 lots, Blocks under File No. SV-T-0004 1 (the “Plan of Subdivision No. 1”); and ii) 17 lots, Blocks under File No. SV-T-90067 (the “Plan of Subdivision No.2’) both Plans of Subdivision being hereinafter collectively referred to as the “Plans of Subdivision”, as more particularly shown on Schedule “B” hereto; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration ofthe premises and for other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada now paid by the Municipality to the Owner (the receipt whereof is hereby acluiowledged), THE OWNER AND THE MUNICIPALITY HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS FOLLOWS: PART -I THE LANDS, PLANS, AND REPRESENTATIONS I. SCOPE OF AGREEMENT 1.1 Description of Lands -The lands affected by this Agreement are the lands described in Schedule “A” hereto. 1.2 Plan Reference-For the purpose of this Agreement, references are made to the Plan of Subdivision attached hereto as Schedule “B”. Any further changes in the said Plan, or any changes in the Conditions of Draft Approval, approved by the County of Simcoe, may necessitate a change in the provisions of this Agreement. 1.3 Coijfonnity with Agreement -The Owner covenants and agrees that no work shall be performed on the said lands except in conformity with: (a) the provisions ofthis Agreement, including the Schedules hereinafterreferred to;(b) the Plans, Reports and Specifications submitted to and accepted by tile Municipality as being within its design criteria, including but not limited to those plans, reports and specifications set out in Schedule “F hereto, all of which may be hereinafter collectively referred to as the ‘Approved Plans”; (c) all plans and specifications submitted to an accepted by: i) Ministry of Environment (“MOE”); ii) Minisby of Transportation Ontario (“MTO”); iii) Flyclro One. (d) all applicable Municipal By-laws, including any applicable Site Plan Control By-laws; (e) all applicable Provincial and Federal Legislation. 1.4 Reliance upon Representations -The Owner acknowledges that: (a) it has made representations to the Municipality that ii will complete all municipal and other works required herein, in accordance with the Plans filed and accepted by Municipality and others, and; (b) the Municipality has entered into this Agreement in reliance upon these representations. 1.5 Schedules Attached -The following schedules are attached to and tbrnn part of this Agreement: Schedule “A” -Description of Lands Schedule “B” -Plan of Subdivision Schedule “C” -Engineering Provisions Schedule “D” -Deeds and Easements to be conveyed, Schedule “E” -Cash Deposits, Development Charges and Security Schedule “F”-Municipal Services to be Constructed by Owner Schedule “0” -Work Cost Estimates Schedule “H” -Development Charge Late Payment Agreement 2. DEVELOPMENT CHANGES 2.1 There shall he no changes in the Schedules attached hereto, or in any Plan accepted by the Municipality or others, unless such proposed changes have been submitted to, and approved by, the Municipality and/or the Municipal Engineer, or his authorized representative. PART-2 SIGNING BY MUNICIPALITY -coNDriloNs PRECEDENT 3. CONDITIONS PRIOR TO EXECUTION OF AGREEMENT BY THE MUNICIPALITY 3.1 Prior to the execution of this Agreement by the Municipality, the Owner shall: (a) Taxes-have paid all municipal tax bills issued and outstanding against tile said lands, (b) Postponements of Charue/Mortvaue -filewith the municipal solicitor, forhis approval, a postponement of Mortgage/Charge document as required by Schedule “D”,
(c) Deeds and Easements-have delivered to the Municipality all transfers/deeds, discharges and easements or other documents required by Schedule “D”, (d) Cash Deposits, Development Chargs & Security-have paid to the Municipality all cash deposits, development charges and security required by Schedule “E” attached, (e) Constnictio&Engineering Plans & Spcciflcaiions-have supplied to the Municipality those Plans and Specifications necessary to identify the constructioniengineering aspects of the proposed development, and have received from the Municipality an acknowlednent of conformity with general design concepts of the Municipality, (f jjyfjg -have supplied to the Hydro One, and received their approval of, those plans necessary to identify the electrical distribution system, lighting requirements, and power supply to each lot or building or unit, as the case may be, and these are to be to the required municipal standards which includes underground wiring, (g) insurance Certificate -file with the Municipal Solicitor an insurance certificate confirming those coverages specifically set out hereafter, (h) Consulting Engineer’s Letter -ensure that eacit Consulting Engineer (who must be experienced in the field of municipal services) for the Owiier files with the Municipality aletter confirming the terms of his retainer, and which letter shall be in draft format supplied by the Municipality, (i) Utilities and Canada Post Confirmation -arrange for Hydro One, Bell Telephone, the Natural Gas Utility, Cable TV. and Canada Post, to write a letter to the Municipal Clerk confirming: i) that they have been informed of the project, and have seen the developtnent plans, n) that satisfactory arrangements have been made with them for servicing the subdivision without expense or obligation on the pan of the Municipality, iii) easement requirements, if any,
U)
Land Ownei -be the registered owner in fee simple of the lands described in Schedule “A”, and that there will be no encumbrances registered against the said lands, (k) Ministry etc. Approvals -obtain and file with the Municipality confirmation approvals from the following: i) MOE, ii) MTO, and iii) Hydro One, (1) Lotes -file with the Municipality a certificate from a surveyor confinnirig that the frontage and area of each lot meets the minimum requirements of the Municipal Zoning By-law, (ni) jgjta1PIais -file with the Municipality two completed digital copies ofthe Plan of Subdivision attached hereto as Schedule “B”, the Composite Utility Plan and the Engineering Plans. Each digital copy of the plans must be on AutoCAD 12 Drawing format of DXF and shall be delivered on a separate1.44 megabyte floppy diskette. Each diskette must be labelled identiing the proper legal description of the said lands, the Owner’s name, the file name and the date delivered, The Owner shall be responsible for ensuring that all amendments to the plan occurring pnor to, the execution of this Agreement by the Municipality are incorporated into the digital submission. The digital copies of the plan shall be in a format consistent with the LlC Digital Plan of Subdivision Specification .-Format and Delivery, as amended from time to time. Copies of the LINC Digital Plan of Subdivision Specification -Format and Delivery are available upon request at the offices of the Municipality. PART -3 MUNICIPAL SERVICES/ON-SITE SERVICES 4. MUNICiPAL SERVICES TO BE CONSTRUCTED BY OWNER ON MUNICIPAl, PROPERTY AND LOT GRADING 4.1 Municipal Services to be Constructed The Owner will construct and install, at its expense, the hereinafter required municipal services. Such services shall be constructed in accordance with the Approved Plans and the standards and specifications required by the Municipality, and under the direction and supervision of a practising Professional Engineer employed by the Owner who will certi construction to the satisfaction of the Municipal Engineer and/or the Building Inspector. These services may be summarized as follows: (a) Storm Water Management Syj -cciinplete including all required facilities to approved outlet, including fully fenced stormwater management pond, retention trenches, off-site ditching, outfall upgrades, erosion and siltation control measures, and fmal grading of the said lands in accordance with the Approved Plans; (b) Water distribution system -a complete water distribution system including water mains, private water service connections to the property line, hydrants and appurtenances, and all required upgrades to the existing water distribution system, all in accordance with the Approved Plans; (c) Road construction -complete with clearing, grubbing, stripping, preparation of sub-grade, installation of 300mm minimum of Granular B”, 150mm minimum of Granular “A’ and two layers of asphalt, consisting of one layer of 50 mm. of compressed FIL-4 asphalt base arid one layer of 40 mm. of compressed HL-3 surface course; (ci) Street signs and regulatory traffic signs; (e) Street lighting system; (/) Underground hydro distribution system -including individual service cable to the property tine of each lot. The supply and installation of service cable to individual houses from the property line to the meter base is the responsibility of the individual lot owner; (g) Sodding or seeding of easements, ditches and boalcvards as required by the Municipality;
(h) Access to Detention Pond on Block 23 on Plan of Subdivision No. 2 and Block 24 on Plan of Subdivision No. I -gravel access lane, including culvert, together with access gate equipped with a locking device, in accordance with the Approved Plans; (i) Fencing -to municipal standards in accordance with the Approved Plans. 4.2 Prior to the construction ofMunicipal Services, and before commencing any grading, site alteration or construction on any lot, the Owner shall submit a detailed Grading and Drainage Report, drawings and site plans acceptable to the Municipality and showing: (a) the location of all buildings and structures to be erected within the Plan of Subdivision and all final grades and vegetation; (b) the means whereby storm drainage will be accommodated and the means whereby erosion and siltation will be contained and minimized both during and after the construction; and (c) the location of snow fencing or other suitable barriers to be erected by the Owner prior to the comniencelnent of construction. 4.3 Municipal Services -Substantial Completion (a) For the purposes of this Agreement, the term substantial completion’ means the completion of all municipal services required to be constructed by the Owner pursuant to the terms of this Agreement which include, without limiting the generality of the foregoing, all electrical distribution services, all rough grading, all underground services, all storm drainage systems, all safety fences and gates, all sodding and seeding as required, construction of roads, save and except for the final course of asphalt and energization of streetlighting. Final completion shall occur afler the installation of the final course of asphalt, and streetlighting. (b) Upon substantial completion of all municipal services, the Owner shall submit the following to the Municipality: i) an application for certification of substantial completion; ii) certification from the Municipal Engineer that all municipal services have been substantially completed; iii) Surveyor’s Certificate; iv) “As Constructed Drawings”, including a copy of Computed Assisted Design (CAD) information for all such drawings; v) Composite Utility Plan; vi) declaration as to accounts; vii) \Vorker’s Compensation Certificate -the prime contractor for construction of municipal services to file a certificate from the Worker’s Compensation Board with the Municipality that the contractor has paid all amounts owing under the Worker’s Compensation Act.
(c) Upon receipt of the above-noted documentation from the Owner in acceptable fonn, the Municipality shall take the following steps: 1) determine the lien hold-back amounts required pursuant to the Construction Lien Ad; ii) determine the maintenance security deposit to be filed with the Municipality pursuant to the provisions of Schedule “F”; in) determine the security deposit required for completion of the final course of asphalt pursuant to the provisions of Schedule “E”; iv) construction lien subsearch. (d) Upon determination of the required hold-back amounts and security deposits refened to above, the Owner shall file any additional holdback amounts or security deposits with the Municipality, prior to the acceptance Of municipal services, to be held by the Municipality for the term of the maintenance period, and to be applied by the Municipality in accordance with the terms of this Agreement. 4.4 Acceptance of Municipal Services/Maintenance Period (a) Upon recommendation by the Municipal Engineer of substantial completion of all municipal services to be constructed by the Owier pursuant to the terms of this Agreement and provided the Owner has complied with the requirements of Sections 4.2 and 3. t herein, the Municipality shall pass a by-law confirming acceptance of the municipal services. (b) Upon the date of passage of the by-law confirming acceptance of municipal services, a two year maintenance period, to guarantee that the municipal services to be constructed by the Owner pursuant to the terms of this Agreement are free from defects of construction, shall commence. 4.5 Final Course of Asphalt (a) At the expiry of the
two
year maintenance period, and subsequent to confirmation by the Municipal Engineer that the municipal services constructed by the Owner pursuant to the terms of this Agreement are free from defects olconstruction, the Owner covenants and agrees to install the final course of asphalt on the roads and in the Plan of Subdivision. Following completion of the installation of the final course of asphalt, and upon receipt of written confirmation from the Municipal Engineer that the final course of asphalt has been installed in accordance with the standards required by the Municipality, a one—year maintenance period, to guarantee that the final course of asphalt is free from defects of construction, shall commence. (b) In the event that the Municipality determines, in its sole discretion, ihat it will not require the Owner to install the final course of asphalt at the expiry of the two year maintenance period, the Owner shall deposit a cash payment equivalent to the then current cost to the Owner of the installation of the final course of asphalt. (c) Upon receipt of the cash payment to cover the costs of installation ofthe final course of asphalt, and provided the Owner has complied fully with all other terms of this Agreement, the Municipality shall return to the Owner those Letters of Credit or other security filed by the Owner in connection with the two year maintenance guarantee for municipal services and the costs of installation of the final course of asphalt.-7-PART -4 BUILDING PER11ITS 5. CONDITIONS PRIOR TO TI-IE ISSUANCE OF BUILDING PERMITS 5.1 Elicihility for Building Permits The Owner further covenants and agrees that he, or any person claiming title thro ugh or from him, or under his or their authority, will not apply for, nor obtain, one or more Building Permits to construct residential buildings or dwelling units or municipal services to any lots in the Subdivision until compliance with or completion of the following matters: (a) “Substantial Completion’ of Municipal Services — all the requirements with respect to “substantial completion’ of Municipal Services have been completed by the Owner and approved by the Municipality; (b) Storm Water Conti-ol -all major drainage swales, ditches, safety fencing and gates, and other storm water management, erosion and siltation control works have been completed for all subdivision lots in accordance with the Approved Plans to the extent necessary to ensure that the quality and quantity of storm water run off can be adequately controlled, as detennined by the Municipal Engineer. 5.2 Compliance Nothing herein contained shall be deemed to obligate the Municipality to issue a Building Permit for any construction on the said lands except in compliance with the Municipality’s Building By-law (which includes Site Development Plans if applicable) and all other applicable By-laws of the Municipality and applicable legislation of the Province of Ontario and in compliance with the provisions of this Agreement. 5.3 Application for Building Permits Upon applying for a Building Pennit, and prior to the issuance thereof, the lot owner, or his agent, shall submit the following to the Municipality for its approval: (a) Application -the municipal building permit application form shall be duly completed, (b) Implied Provisions -in so filing an Application for a permit, the lot owner, or his agent, is deemed to have stated, by an implied provision, that he is not knowingly in default under any municipal by-laws or applicable Provincial legislation or regulations or any of the provisions of this Agreement. 5.4 Documentation to Accompany the Building Permit Application On any application for a Building Permit, and prior to the issuance thereof, the lot owner, or his agent, shall submit the following to the Municipality for the approval ofthe Municipal Engineer and/or the Chief Building Official: (a) Plans and Specifications with respect to the following aspects of this project which are sufficient to establish conformity with the Ontario Building Code and all other applicable law: i) confirmation from Hydro One that the electrical distribution system including transformers, street lighting and individual supply to each lot has been approved by them,
ii) Detailed Site Plan -an individual Site Plan for the subject tot, prepared by a Consulting Engineer which shatt be consistent with the Approved Plans, and shall show at least the fultowing: a) the location and dimensions of the proposed house, supplementary structures and driveways on the subject lot, b) the location, size and finished elevation of primary and secondary sewage disposal systems. All appurtenant design criteria, soil logs and construction features arc to be provided, c) existing and proposed grades of thc disturbed areas of ttie tot after buildings, dramage and sewage works have been completed, d) the location of the proposed waterline serving the dwelling on thc subject lot, e) the location and grades of any proposed drainage swales on the subject lot, the location of driveway culverts. (b) Certification Guarantee -a certified cheque payable to the Municipality in the amount of$ 1,500.00 per lot, as a deposit to guarantee the detiveryto the Municipality of the Engineer’s Certificates of Conformity with: i) the Approved Plans, ii) the individual Detailed Site Plan for the individual lot, and The deposit shalt be retunsed to the lot owner after the required Engineer’s Certificates have been filed. In the event that the lot owner fails to file the required certificates within a reasonable time, the following provisions shall apply: i) Correction of Grades -if, in the opinion of the Building Inspector and/or the Municipal Engineer the grading is not completed with due diligence, or is completed not in accordance with the master grading plan, then the Municipality shall order the grades corrected and/or shall have the right, if it so elects, to enter upon the subject lands, and to use such monies to complete the work to the required standards and shall have the nght to refuse an occupancy permit until the standards are met. ii) Tndeninifreation — the lot owner upon which the Municipality elects to enter for the purpose of completing the said work, hereby releases and indenmifles the Monieipahty from and against all claims. demands, actions or causes of actions whatsoever arising as a result of the Municipality or its servants or agents entering upon the lands for the purpose of completing such work to the standards required by the master grading plan filed with the Municipahty. (e) Sewagc’stem Permit -a Sewage System Permit from the requisite Approval Authority for the construction or placement of a sewage disposal system on the subject lot. All leaching bed locations shall be located on unexeavated areas where only vegetation such as clearing and grubbing may be removed prior to the 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. (d) Driveway Culverts -The lot owner of any lot on the said Plan ofSnbdivision shall be responsible for complying with the provisions
of
alt Municipal-9-By-laws relating to the application for, the installation of, and payment fhr, driveway culverts. (e) Development Charges -Proof of payment of all applicable development charges, in accordance with the teims of the Development Charges Late Payment Agreement attached hereto as Schedule ‘Fl’. 5.5 Model Homes Notwithstanding the foregoing, the Owner shall be entitled to apply for and obtain not more than one building permit to construct a dwelling unit on four (4) lots within the Plan of Subdivision in a location approved by the Municipality, prior to Substantial Completion of Municipal Services, subject to the following conditions: (a) the building permit will be for a model home only; (b) the application and issuance of the building pennit continues to be subject to all other provisions of this Agreement, the Ontario Building Code, and Municipality’s Building By-law; and (c) there shall be no residential occupancy of the model home, prior to Substantial Completion of the Municipal Services and compliance with any other provisions of this Agreement, the Ontario Building Code or the Municipality’s Building By-law relating to occupancy. PART -5 SPECiAL PROVISIONS 6. COMMUNITY MAILBOXES 6.1 Canada Post has directed that communitymailboxes be located in a specific location. The Owner shall be responsible for ensuring that the community mailboxes are placed in the location as set out in Schedule “D” attached, and agrees to construct any related facilities, including drainage culverts, required to periTlit the location of the community mailboxes in the location as finally approved by the Municipality and Canada Post. 7. CONFORMITY WiTH TRAFFIC NOISE IMPACT STUT)Y 7.1 The Owner and each individual lot owner shall implement the recommendations contained in the Traffic Noise Impact Study prepared by R. Bouwmeester & Associates dated September 21°, 2005. 7.2 In particular, and without limiting the generality of the foregoing, the Owner and each individual lot owner acknowledge and agree thatthe following provisions relate to Lots ito 4 and 17 to 23 inclusive on Plan of Subdivision No. 1 and Lots 9 to 17 on Plan of Subdivision No. 2: (a) The dwelling unit on the subject lot shall be fitted with a forced air heating system and the ducting, etc. was sized to acconunodate central air conditioning. Installation of central air conditioning by the occupant will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Municipality’s and the MOE’s noise criteria. (Note: The location and installation olthe outdoor air conditioning device should he done so as to comply with noise criteria of MOE Publication NPC-216, Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject property.)
-10-b) Purchasers or tenants of the subject lot are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the Mumcipality’s and the MOE’s noise criteria. 8. PURCHASE AND SALE AGREEMENIS -TERMS TO BE LNCORPORATED 8.1 The Owner shall include the following warning clauses in all Offers ofPurchase and Sale for Lots 1 to 4 and 17 to 23 inclusive on Plan of Subdivision No. I and Lois 9 to 17 on Plan of Subdivision No. 2: (a “The dwelling unit on the subject lot has been fitted with a forced air heating system and the ducting, etc. was sized to accommodate central air conditioning. Installation of central air conditioning by the occupant will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels u-e within the Municipality’s and the MOE’s noise criteria. (Note: The location and installation of the outdoor air conditioning device should be done so as to comply with noise criteria of MOE Publication NPC-2 16, Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject property.) (b) Purchasers/tenants of the subject lot are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the Municipality’s and the MOE’s noise criteria.” 8.2 The Owner shall include the following provisions in all Agreements ofPurchase and Sale for all lots within Plan of Subdivision No. 1 and Plan of Subdivision No. 2: (a) “Purchasers are advised that a detailed site development plan shall be required by the Township ofSevern prior to the issuance ofa building permit for each lot, containing the following infonnation: a) the location arid dimensions of the proposed house, supplementary structures and driveways on the subject lot, b) the location, size and finished elevation of primary and secondary sewage disposal systems. All appurtenant design criteria, soil logs and construction features are to be provided, c) existing and proposed grades of the disturbed areas of the lot after buildings, drainage and sewage works have been completed, d) the location ofthe proposed waterline serving the dwelling on the subject lot, e) the location and grades of any proposed drainage swales on the subject lot, 1) the location of driveway culverts. 9. NO CHA1GE FROM APPROVED PLANS 9.1 No Building Permit shall be issued by the Municipality for construction on any of the lots in the subdivision where the Detailed Site Plan for the lot submitted by the Owner or any lOt owner does not conform with the Approved Plans.
—11—
PAR’r-6
STORM DRAiNAGE 10. STORM DRAU”IAGE -EASEMENTS AN]) SWALES I0.1 Swale Area the Oner agrees that there shall be constructed and maintained storm swales in the areas as shown on the Approved Plans. 10.2 Easement Area -the Owner agrees that there shall be constructcd and maintained storm easements in the areas as shown on the Approved Plans and as set out in Schedule “0”. 10.3 Cross Section -all side yard and rear yard swales shall be constructed, sodded and maintained in accordance with the cross sections for such swales as shown on the Approved P]ans. 10.4 Grading. Landscaping and Maintaining -the storm swales and easements shall he graded, landscaped and maintained by all subsequent lot owners. The purpose of the storm swales and easements is to accommodate stonn drainage waters from the subject lot and adjacent lands. 1’o lot owner in the Subdivision shall encumber or impede storm drainage in any maimer whatsoever. 10.5 Interference with Storm Swales or Easements -in the event that the Owner, or any subsequent lot owner: (a) obstructs, impedes, or interferes with the storm drainage flow through any part of the storm swales or easements, or (b) interferes with the acceptance of water from any connecting swales or easements, then the Municipality shall have the right, if it so elects, to enter upon the subject lands to rectif’ such problems so that the swales or easements can serve their original purpose. 10.6 Swale and Easement Areas -Construction Restrictions -within the swale and easement areas, the Owner, and any subsequent lot owner, shall nut: (a) construct any works, (b) remove or permit to be removed any soil from the said swale/easement, (c) excavate, drill, install, erect or permit to be excavated, drilled, installed or erected in, over, upon, under or through the said swale/easement any fence, well, ibundation, pavement, building or other structure or other installation. 10.7 Indemnification and Release -the lot owner of any lot in the subdivision upon which the Municipality elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Municipality from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Municipality or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the lot owner. Any invoices not paid within 30 days after due date, shall be added to the tax roll and collected in a like manner as realty taxes. PART -7 GENERAL PROVISiONS 11. CONVEYANCE OF LANDS AND EASEMENTS 11.] The parties agree to a conveyance of those lands and easements niore particularly described in Schedule ‘0 attached. The said conveyances shall be free and clear of all encumbrances.-12-12. CASH DEPOSITS. DEVELOPMENT CHARGES AND SECURITY 12.1 The Owner shall lodge with the Municipality, those cash deposits, development charges and security more particiLlarly described in Schedule “B”, and at the dates specified therein. 12.2 In the event that the expenses of the Municipality exceed the amount of the cash deposils or security set out in Schedule “E” attached, the Owner shall pay such excess charges within 30 days after demand by the Municipality. 13. EXPENSES TO BE PAID BY THE OWNER 13.1 Everyprovision of this Agreement bywbich the Owner isobligated in any way shall be deemed to include the words “at the expense of the Owner” unless the context otherwise requires. 13.2 The Owner shall pay such reasonable fees as may be invoiced to the Municipality by its Solicitor, its Planner, and its Municipal Engineer in connection with all work to be performed as a result of the provisions of this Agreement. 13.3 All expenses fbr which demand for paymeni has been made by the Municipality, shall bear interest at the rate of 12% per annum commencing 30 days after demand is made. 13.4 In the event that the Municipality finds it is necessary to engage the services of an engineer or technical personnel not permanently employed by the Municipality, to review the plans of the Owner andlor carry out on-site inspections of the work performed, the Municipality will advise the Owner accordingly of this need, and the costs of such outside engineers so engaged shall be the responsibility of the Owner. The Municipality may require a deposit for this purpose. 14. JNSJJRANCE CERTIFICATE AND POLICY 14.1 Policy of Insurance -The Owner shall lodge with the Municipality, on or prior to the execution of the Agreement, an insurance certificate with an Insurance Company satisfactory to the Municipality, (which said approval shall not be unreasonably withheld or delayed), and insuring for the joint benefit of the Owner and the Municipality, against any liability that may arise out of the construction or installation of any work to be performed pursuant to this Agreemeilt and for aperiod of 1 year after completion and acceptance of the Municipal Services to be constructed herein. 14.2 Comprehensive General Li%li -Such policy shall carry limits of liability in the amount to be specified by the Municipality, but in no event shall it be less than $5,000,000.00 inclusive comprehensive general liability and such policy shalt contain; (a) a cross-liability clause; (b) product/completed operation coverage; (c) shall not have an exclusion pertaining to blasting, provided that any blasting reqLured to be done shall be done by an independent contractor duly qualified to do such work; (d) shall include the following names as insureds: (1) THE CORJORAT1ON OF THE TOWNSHIP OF SEVERN (e) Notice of Cancellation -a provisions that the insurance company agrees to notify the Municipality within 15 days in advance of any cancellation or expiry of the said insiuance policy. 14.3 Certificate of Coverage -Any certificate of coverage filed with the Municipal solicitor shall specifically contain their confirmation that coverage includes (a), (b), (c), (d) and (c) above are in effect.
-13-14.4 Confirmation of Premium Payment -The Owner shall, from time to time as required by the Municipality, provide confirmation that all premiums on such policy or policies of insurance have been paid, and that the insurance is in full force and effect. The Owner shall see that a copy of the po1ic is filed with the Municipality. 14.5 Claim in Excess ofPolicv Limits -The issuance of such Policy of Insurance shall not be construed as relieving the Owner from responsibility for other or larger claims, if any and for which it may be held responsible. 15. RESPONSIBII.JTY PRIOR TO ACCEPTAI’JCE OF MUNICIPAL SERViCES 15.1 To Provide Vehicular Access -Prior to the final completion and acceptance of Municipal Services, the Owner will maintain proper vehicular access to the said lands at all times and will remove snow and ice from the roadway iii the said Subdivision in the same manner as the Municipality removes snow and ice from the Municipal Streets in similar subdivisions andlor, as may be specified in written notice by the Municipality. 15,2 Failure to Provide Vehicular Access -In the event that proper vehicular access and/or snow and ice removal is not provided as so specified herein, then the Municipality, through its servants, contractors or agents, may, (but shall not be obligated to) provide and maintain such access and remove such snow aid 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 any way to have accepted the streets in the said subdivision upon which such work was done. 16. EMERGENCY SITUATION 16.1 If, in the opinion of the Municipal Engineer, there is an emergency situation as a result of any work undertaken by the Owner or its servants, or agents, which requires immediate attention to avoid damage to private or public property or services owned by the Municipality or to eliminate a potential hazard to persons, such work may be done immediatelyby the Municipal Engineer at the expense ofthe Owner, hut notice shall be given to the Owner at the earliest possible time. 17. REGISTRATION OF SUB DiViSiON AGREEMENT 17.1 Prior to the registration of the plan, the Owner consents to the registration of this Agreement by the Municipality pursuant to Section 51(26) of the Planning Act, R.S.O. 1990, cR13, as amended. 17.2 The registration expense shall be included as a legal expense to the Owner. 17.3 The Owier further agrees to execute such further and other Instruments and Documents as may be required by the solicitor for the Municipality for the purpose of giving effect to this Agreement. IS. DELIVERY OF TRANSFERS OR DEEDS OR OTHER DOCUMENTS 18.1 If there are any Transfers, Cessations of Charges, Deeds or Discharges ofMortgagcs or other documents to be executed and delivered under this Agreement and as set out in Schedule “D’, such documents shall be delivered to, and approved by the solicitor for the Municipality and deposited with the said solicitor on the date set out in Schedule “D”. 18.2 The consideration for such con eyanccs shall be the sum ofTwo (S2 .00) Dollars. The cost of preparation, execution and registration thereof shall be the responsibility of the Owner. 18.3 The Owner covenants and agrees to advise the solicitor for the Municipality, immediately after registration of the Plan on the said lands, of the Plan Number and the registration date, and the Owner further covenants and agrees that the documents listed in paragraph .1 above shall be the first registrations against the said lands.
-‘4-19.
CONSTRUCTION.
COMMENCEMENT
AND
COMPLETION
19.1 The Owner agrees to commence construction of the Municipal Services required herein for Phase I within six (6) months from the date of the registration of the Plan, and further agrees to complete all such services within one (1) year from the date of the registration of the Plan save and except for the final course of asphalt. 19.2 If the Municipal Services to be constructed by the Owner under this Agreement are not completed and accepted by the Municipality within the above time frame, the Municipality may either: (a) give notice to the Owner to stop work on the said Municipal Services and to provide that no further work shall be done with respect to such services until an Amending Agreement, incorporating the Standards, Specifications and financial requirements of the Municipality, in effect as of that date, is executed by all parties; or (b) give notice to the Owner to stop work 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 provisions of the Plans filed with the Municipality. 19.3 It is specifically provided that any Amending Agreement executed pursuant to the provisions ofthis Section, shall be registered on title and there shall be no connection to the Municipal Services until the Amending Agreement has been so registered, and all the required services completed. 20. ATTACHED SCHEDULES 20.1 It is agreed that everything included in this Agreement and the Schedules attached thereto, together with all engineering drawings, material and undertakings filed by the Owner and accepted by the Municipality, or by any Ministry of the Govenmient, or by any local Health Unit, shall be included in and form part of this Agreement. 21. STREET LIGHTING -SERVICE AREA 21.1 Service Area -All the lots on the Plan of Subdivision of the lands described in Schedule “A” hereto, shall fonn a “Service Area” for street lighting purposes. All municipal costs for hydro and maintenance of street lights to the subdivision, shall be charged equally amongst all the lots of the subdivision and such costs shall be invoiced to the lot owners at such times and in such manner as the Municipality may arrange. 21.2 Outstanding Accounts -All charges so levied by the Municipality shall be due and payable on the specified demand date, failure to make such payment, said charges shall bear interest at the rate of 12% per annum and shall be collected in like manner as taxes. 21.3 Municipal Standards -All street lighting units shall be of a brand and model approved by the Municipality. 21.4 Security — The Municipality will incorporate into its Work Cost Estimates in Schedule “G”, a cost estimated by the Municipality to lay out and install the required streetlights. 21.5 Underground Services -Subject to any special provisions eontainedherein, all Hydro One, Cable TV and Bell Canada services shall be underground. 22. RESPONSIBilITY OF OWNER -ON SALE OF LOTS 22.1 Notwithstanding the issuance of a building permit, or the sale of a lot, the Owner shall remain primarily responsible to the Municipality for alt Municipal Services, including Lot drainage, until such time as all municipal services are compete and have been accepted by the Mtuiieipality, and thereafter subject to the two-year warranty provisions contained herein.-15-22.2 Should
the
Owner sell lots in the subdivision, prior to final completionand
acceptance of all municipal services, and the services are damaged or the drainage pattern re-arranged from the plans and specifications filed with the Municipality, then the Owner shall continue to be primarily responsible for these damages or changes. 22.3 The Municipality recommends that the Owner, on the sale of lots prior to acceptance of Mwicipal Services, take the following precautions: (a) enter into an Agreement with the purchaser providing for compensation in the event the purchaser or his contractors damage any construction or make changes in the drainage patterns, which then become obligations of the Owner under this Agreement. 23. INDEMM1CATION FROM LIABUATY AJ’D RELEASE 23.1 The Owner covenants and agrees with the Municipality, on behalf of itself, its successors and assigns, to indemnify and save harmless the Municipality, its servants and agents from and against any and all actions, suits, claims and demands whatsoever which may arise either directly or indirectly by reason of any work performed by the Owner or on his behalf in connection with the carrying out of the provisions of this Agreement. 23.2 The Owner further covenants and agrees to release and forever discharge the Municipality from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise either as a result of the failure of the Municipality to carry out any of its obligations under this Agreement, or, as a result of the Municipality performing any municipal work on the said lands or the adjacent properties which may damage or interfere with the works ofthe Owner, provided that such default, failure or neglect was not caused as a result of negligence on the part of the Municipality, its servants or agents. 24. ESTOPPEL OF OWNER 24.1 The Owner agrees to not call into question directly or indirectly in any proceeding whatsoever, in law or in equity, or before any administrative tribunal, the right of the Municipality to enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppel against the Owner in any such proceedings. PART -8 DEFINITIONS/GENERAL TERMS 25. DEFII’JITIONS 25.1 Definitions (a) The term “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 he. (b) The term “date of execution” shall mean the date that this Agreement was executed by the Municipality. (c) The term “registration on title” shall mean the date that this Agreemant is registered in the Land Registry Office. (d) The term “lot owner” shall refer to the owner of any lot in the Subdivision. (e) The term “Municipal Services” shall refer to all Municipal Services set out and stipulated herein. (f) The term “rough grading” means that grading sufficient to establish the grading pattern of the said lands, (including storm swales/eascmeiits) but subject to final grading when landscaping and sodding is completed (g) The term “on-site” refers to those areas within the Plans of Subdivision.-16-(h) The term “off-site” refers to those areas outside of the Plans of Subdivision. (i) The term “swale” refers to a drainage course required to be maintained by Owners, pursuant to the provisions of this Agreement, but not registered on title as an easement. PART 9 LETTER OF CREDIT, APPLICATION/REALIZATION 26. APPLICATIONS OF LETTER OF CREDIT ANT) SECURITY 26.1 Any Letter of Credit or security filed with the Municipality is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and Securityreceived bythe Municipalitymaybe used as security for any item or any other matter which under the terms ofthis Agreement is the responsibility of the Owner. 27, REALIZATION OF SECURITY OR DEPOSITS 27.1 Default -If, in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Municipality to realize on its security or deposits, then the Municipality (its servants, agents or sub-contractors) shall, if the Municipality so elects have the right and privilege at all times to enter upon the lands described in Schedule “A” for the purpose of repairing or completing any work or services required to be completed by the Owner under this Agreement, and for which security is held under this Agreement. 27.2 Exceeding Cost Estimates -If the costs of completing such work or service, exceeds the amount of security held by the Municipality, such excess shall be paid by the Owner to the Municipality 30 days after invoicing by the Municipality. All overdue accounts shall bear interest at the rate of 12% per anmum 27.3 Save Harmless -The Owner on behalf of itself, its successors and assigns agrees to indemnify and save harmless the Municipality from and against any and all claims, suits, actions and demands whatsoever which may arise either directly or indirectly be reason of any work or service performed by the Municipality, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Municipality, its servants or agents or subcontractors. 27.4 The Construction Lien Act -If the Municipality becomes obligated to make any payments, or pay any costs, under the provisions of Section 17(4) of the Construction Lien Act, R.S.O. 1990, c.C.30, this will constitute a default and entitle the Municipality to realize upon its security. 28. LETTERS OF CREDIT -SURPLUS FUNDS 28.1 In the event that the Municipality cashes a Letter of Credit to complete municipal services, any surplus monies that remain after this work is completed shall be returned to the issuing financial institution for transmission to that party that took out the original Letters of Credit. 29. APPLiCATION FOR REDUCTION OF LETTERS OF CREDIT -DURING CONSTRUCTION 29.1 A Owner may make application to the Municipality for a reduction of a Letter of Credit during construction, by taking the following procedures: (a) Letter of Application -he shall file a letter of application with the Clerk of the Municipality; (b) Consultant’s Certificate -accompanying the letter of application shall he a letter from the consultants confirming that certain stages of the municipal work had been completed in accordance with the specification requirements of the Subdivision Agreement and that such services are now at a stage for interim or final inspection;
-17-(c) Value of Work Not Completed -there shall also be filed with the Municipality a letter from the consultants confirming the value of work yet to be completed under the Subdivision Agreement, and which value shall be subject to the approval of the Municipal Engineer; (d) Municipal Response -the Municipal Clerk shall then give notice of this application to the various municipal departments concerned and shall reply as quickly as is possible; (e) Construction Lien Subsearch to determine that rio construction liens have been filed which affect the Municipality; (I) Amount of Reduction -the amount of any reduction shall be in the sole discretion of the Municipal Clerk. 30. APPLICATION FOR REDUCTION OF LETTERS OF CREDIT ON SUBSTANTIAL
COMPLETION
OF
MUNICIPALSERVICES
30.1 Upon substantial completion of Municipal Services, the Owner shall take the following procedures before any further reduction is made in the Letter of Credit: (a) Letter of Application-the
Applicant
shall
file
a letter of application with theClerk
of
the
Municipality;
(b) Consultant’s Certificate -accompanying the letter of application shall be a letter from the Owner’s consultants confirming that the work required under the Subdivision Agreement has been completed and is ready for final inspection; (c) “As Constructed Drawings”-Composite Services]jj-there
shall
be tiled with the Municipality andwith
Hydro
One
“asconstructed
drawings”, whenrequired
tinderthe
SubdivisionAgreement
and also a Composite Utilities Servicing Plan where specified; (d) Calculation of Lien Holdhack -there shall be a calculation as to the amount to holdback under theConstruction
Lien
Act (10% of the total construction cost);(e)
Two
Year
Maintenance
Security
-the Municipality shall detemune the maintenance security and this shall be filed with the Municipality pursuant to the provisions of Schedule “E”; (I) Final Course of Asphalt Security -the Municipality shall determine the security for installation of the final course of asphalt and this shall be filed with the Municipality pursuant to the provisions of Schedule “E”; (g) Worker’s Compensation Certificate -there shall be filed with theMunicipality
a
certificate
from
The
Workers
Compensation
Board
pursuant
to
the
provisions
of
Section
119
of
the
Worker’s
Compensation
Act
confirming that the Contractor has remitted all payments required under the Act; (h) Declaration as to Accounts -there shall be filed 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; (i) Surveyor’s Certificate file with the Municipality a Surveyors Certificate confirming: 1) that all proper iron bars markers to define the Municipality’s road allowance on the said plans are in place; ii) that he has found, replaced or installedall
iron bars shown on the Plan and has iron barred the limits of all easements applicable to the said development and required for municipal services; (j) Construction Lien Subsearch -to determine that 110 construction liens havebeen
filed
which affect the Municipality;(k)
Composite
Utility
Plan
-file
with
the
Municipality,
and
to
its
satisfaction,
a
composite utility plan showingthe
location
of
all
utilities
public
and
private;
-18-(1) Development Charm -pay to the Municipality all amounts owing to the Municipality in accordance with the
Late
Payment
Agreement
to
be
entered
into between the Municipality and tile Owner in the form of the Agreement attached hereto as Schedule “H”. In the event that amounts owing to the Municipality under the Late Payment Agreen ent have not been paid hy the Owner to the Municipality, security shall not be reduced below the amount payable or to be paid by the Owner in accordance with the Late Payment Agreement. PART -10 NOTICES/iNTERPRETATION 31. NOTICES 31.1 Any Notice to be given by any party under this Agreement may be given by: (a) personal service on the parties hereto, or (b) personal service on the person apparently in charge on the construction site and by prepaid first class mail addressed to the other party at the last known address, or (c) prepaid first class mail addressed to tile other party at their last known address and which shall be deemed to have been received 48 hours after mailing, or (d) by courier mail service, and shalt be deemed to have been delivered 24 hours after pick up by the courier, or (e) service on the Owner’s consulting engineer, together with the sending of a copy of the Notice by prepaid first class mail addressed to the Owner athis last known address, will also constitute service on the Owner, or (.1) by telecopier message to the other party if they have a telccopier machine. 32. TIME OF THE ESSENCE 32.1 The parties hereto agree that time shall be of the essence in this Agreement. 33. INTERPRETAT1ON 33.1 PROVDED and it is hereby agreed that in construing these presents the word “Owner” and “Chargee” and “Mortgagee” and the personal pronoun “lie” or “his” relating thereto and used therewith, shall be read and construed as “Owners” or “Chargees” or “Mortgagees” and “his”, “hers”, “its”, or “their”, respectively as the number and gender of the party or parties referred to in each case require, and the number of the verb agreeing therewith shall he so construed as agreeing with the said word or pronoun so substituted. 33.2 And that all covenants, rights, advantages, privileges, immunities, powers and things hereby secured to the Municipality shall be equally secured to and exercisable by its successors and assigns as the case may be. 33.3 And that alt covenants, liabilities and obligations entered into and imposed hereunder upon the Owner, Chargee or Mortgagee, shall be equally binding upon his, her, its or their heirs, executors, administrators and assigns, or successors and assigns as the case may be, and that all such covenants and liabilities and obtigations shall be joint and several. THIS AGREEMENT shall enure to the benefit of and be binding npon each of the parties hereto and their respective heirs, executors, administrators, successors and assigns. iN WITNESS WHEREOF the parties hereto have executed this Agreement on the following dates: By the Owner on the day of , 2007. ESTATES OF BASS LAKE INC. Per: __________________________________ Igal Sudman,Vice
President I have tIle authority to bind the Corporation-19-By The Corporation of the Township of Severn on the day of , 2007. THE CORPORATION OF TIlE TOWNSHIP OF SEVERN Per: ______________________________ Philip Sled, Mayor Per: _____________________ \V. Henry Sander, Clerk
SCHEDULE “A” THIS IS SCHEDULE ‘A” TO THE SUBDIVISION AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF SEVERN AND ESTATES OF BASS LAKE iNC. DESCRIPTION PIN 58585 0105 (LT), being Parcel 40-5, Section 5 1M31 I; Pt. BIk 40, Plan 51311; South Orillia, save and except Parts 7, 8,9, 10, 11 and 12, Plan 51R-23815; Severn PIN 58585 0274 (LT), being Parcel 2-12, Section 51-SO-i; Pt Lt 2, Con. 1, South Orillia, designated as Part 2, Plan 51R-22775, save and except Part 1, 2 and 3, Plan 51R-23815; Severn
SCHEDULE “B’ THIS iS SCHEDULE “B’ TO THE SUBDIVISiON AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF SEVERN AND ESTATES OF BASS LAKE INC. PLAN OF SUBDiVISiON Plan of Subdivision No. 1 prepared by C. Strongrnan Surveying Ltd. (Drawing No. D-l 042) which shows: Lots Ito 23, Blocks to and the streets Elana Drive and Confederation Drive, is hereby incorporated in this Agreement as Schedule “B”. Copies of the Plan are available at the Township of Severn. during regular business hours. Plan of Subdivision No. 2 prepared by C. Strongman Surveying Ltd. (Drawing No. D-1037) which shows: Lots 11.0 17, Blocks to and the street Elana Drive, is hereby incorporated in this Agreement as Schedule “B”. Copies of the Plan are available at the Township of Severn, during regular business hours.
SCHEDULE C” THIS IS SCHEDULE “C’ TO THE SUBDIVISION AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF SEVERN
AND
BASS LAKE ESTATESINC.
ENGINEERING PROVISiONS OWNER’S CONSULTING ENGINEER 1.1 The Owner agrees to retain the services of a firm of Professional Engineers, registered to practice in the Province of Ontario as consulting engineers, and experienced in the field of municipal services, to provide all niunicipal engineering services in accordance with the performance standards for “Consulting Engineering Services to Municipalities” as defined by the Association of Professional Engineers of Ontano. Such firm of Professional Engineers (hereinafier called “the consulting engineer”) must first be approved in writing by the Municipal Engineer. 1.2 The consulting engineer shall canyout all design work, prepare plans, specifications, provide such information as is required by the Municipal Engineer, estimate costs, prepare and submit the necessary applications for approvals, contract for the construction or installation of the said services, call tenders, report on tenders received, conslmction layout, job records, obtain and record ‘as constructed information, provide resident inspection and general supervision and prepare progress reports, and progress payment certificates. The Municipality may at the discretion of the Municipal Engineer, place a Municipal Inspector on the work, at the expense of the Owner. 2. CONTRACTOR TO BE APPROVED 2.1 If Municipal Services are to be installed by a contractor selected by the Owner, such contractor shall be prior approved in writing by the Municipal Engineer. 3. INSPECTION BY MUNICIPALITY 3.1 The Municipal Engineer and’r the Building Inspector shall have the nght to inspect the installation of works and services at all times. 3.2 If at any time the work and construction of the services is, in the opinion of the Municipal Engineer, not being carried out in accordance with the plans and specifications, or in accordance with good engineering practice, then the Municipal Engineer may stop all or any part of the work on the installation of the services for any length of time until such work has been placed in satisfactory condition, and in the event that the Municipal Engineer deems that the work has not been proceeded within a proper manner, then he may stop the work by that Contractor and require that another Contractor be placed on the job to complete such works, and the cost involved in such replacement and completion of the work shall be paid for by that Owner. 4. INCOMPLETE OR FAULTY WORK 4.1 In the event that the Owner fails to install the herein required Municipal Services within the time specified, or if in the sole opinion and discretion of the Municipal Engineer the Owner: (a) is not prosecuting or causing to be prosecuted the work required in connection with this Agreement with due diligence, and/or, (b) is improperly performing the work, and/or, (c) has caused unreasonable delays so that the conditions of this Agreement are not being complied with or are being carelessly executed, and/or,(d) is refusing to re-do, or again perform such work as may be rejected by the Municipal Engineer as defective or unsuitable, and/or is in default of performance of the tenris of this Agreement. then in such casc the Municipal Engineer shall notify the Owner of such fault or neglect and may speci’ the time within which such default or neglect shall then be remedied, and if itis not remedied by the specified time, then; i) the Municipal Engineer shall have full authority and power to stop all work by the Owner, its servants or agents and if the Municipah ty so elects it may purchase such material, tools and machinery and employ such workmen or contractors as in the Municipal Engineer’s opinion shall be required to complete such work, and ii) the Municipality shall be entitled to realize on its security without further notice to the Owner in order to provide funds for the payment of any work undertaken by the Municipality (provided that if the Municipality realizes on its security it shall not be obligated to complete the said work but may elect to hold such stuns as cash reserves pending the completion of the work by the Owner), and, iii) in the event that the cost of any work performed by the Municipality exceeds the realizable value of the security available to the Municipality then the Owner shall, within 30 days of demand by the Municipality, reimburse the Municipality for such excess expenses, and if it is not paid within the 30 days, such unpaid balance shall bear inlerest at the rate of 12% per annmn and if not paid maybe applied as acharge on the said lands by the Municipality. 5. LAND TO BE FREE OF DEBRIS 5.1 The Owner covenants and agrees that any lands or easements to be conveyed to the Municipality as set out in Schedule “D will not be used by the Owner for the depositing of debris obtained from the development of the said lands, and further covenams and agrees to remove at its own expense anyjunk, debris, refuse upon the said lands as required by the Municipal Engineer. 6. CONSTRUCTION LIEN ACT 6.1 The Owner agrees that he will hold back in his payment to any Contractor who may construct services, such amounts as may be required under the provisions of the Construction Lien Act of Ontario. 6.2 The Owner agrees to indemni’ and save harmless the Municipality from and against all claims, demands, actions, causes of actions and cost resulting from any construction lien filings or resulting in any way in connection with the work being perfonned by the Owner herein, and, on demand by the Municipality, the Owner will take such steps as is necessary to inunediately discharge all liens upon the services. 7. REPAIR OF DAMAGE. FOREIGN MATERIALS 7.1 The Owner shall be responsible for the repair of any damage (including the removal of foreign materials on municipal owned lands and roads), caused as a result of any construction being performed by the Owner pursuant to the provisions of this Agreement or pursuant to any Building Permit issued by the Municipality to the Owner. 8. OWNERSHW OF MUN[CIIAL SERVICES 8.1 The parties hereto agree that once accepted by the Municipality, the Municipal Services constructed pursuant to the provisions of this Agreement on municipal lands, shall he exclusively owned by the Municipality. 9. WORK AM) ThJSPECTJON CHARGES TO DEVELOPER 9.1 The cost of any work, including inspection, performed by time Municipality pursuant to the provisions of this Agreement, shall be calculated by the Municipal Engineer,
whose
decision
shall
be
final
and
binding.
9.2 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 Sen’iees, and for all other work charges
at
a
rate of 13 5%, for the cost of labour, equipment and material. Such sum shall be payable by the Owner nn demand, it being understood and agreed that the Municipality would not have executed this Agreement without the assumption by the Owner of all the financial obligations imposed by this Agreement. 10. ACCESS DURING CONSTRUCTION10.1
If
by
the
provisions
of
this
Agreement,
the
Owner
is
requircd
to
construct
the
Municipal
Services
he
shall
maintain
access
to
all
properties
adjacent
to
the
Municipal
Sen-ices
being
constructed,
during
the
period
of
construction,
so
that
the
adjacent
owners
of
such
properties
shall
have
proper
ingress
and egress to their property.II.
ACCEPTANCE
DATES,
GUARANTEES
AND MAINTENANCE PERIODS 11. 1 if by the terms of this Agreenient the Owner is required to construct MunicipalServices,
he
shall
do
so
withinthe
time
stipulated
inthe
paragraph
entitled
“Commencement,
Construction,
andCompletion”,
andwill
guarantee
the
workmanship
and
materials
of
the
installation
of
the
work
and
services
required
herem, and maintain the same from defects therein for the following periods: (a) the roads and underground sen-ices for a period of 2 years from the date of acceptance issued by the Municipality for the specific service, (b) all other sen-ices for a period of 2 years from the date of the acceptance issued by the Municipality, Notwithstanding the foregoing, in the event that the Owner installs the final course of asphalt, the installation of such work for a period of one (1) year from the date of final completion. 11.2 All defects in the Mrnsicipal Services will be promptly and properly repaired by the Owner to the complete satisfaction of the Municipal Engineer. 11.3 Any action by the Municipahty, by itself or through its sen’ants, contractors or agents for removal of snow and ice, or sanding, or washing, or cleaning of the roads, or permitting the connection of additional services to the services herein required to he constructed, during the said guarantee and maintenance period may be done without prejudice to the Municipality’s right to enforce the guarantee and maintenance provisions herein provided. 12. RELOCATION OF SERVICES 12.1 It shall be the responsibility of the Owner to make the necessary arrangements and be responsible for the costs for the removal and relocation of any existing Municipal Sen-ices which require relocation in the course of, or in connection with, the construction to he performed under this Agreement.SCHEDULE “U’ THIS iS SCHEDULE “D” TO THE SUBDIVISION AGREEI’VIENT BETWEEN THE CORPOPJLTION OF THE TOWNSHIP OF SEVERN AND ESTATES OF BASS LAKE INC. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block number inserted in the description of the document, and the registered Plan Number shall he left blank, to be inserted by the solicitors for the parties after the Plan is registered and aPlan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof shall be borne by the Owner. All documents to be registered, shall be prior approved by the Solicitor for the Municipality. The following lands and easements shall be conveyed: 1. Lands/Easements to be conveyed to the Municipality -Plan of Subdivision No. 1 (a) Deeds to the Municipality i) Block 31 -parkland; ii) Block 24 stormwater management; iii) Block 27 -0.3 metre reserve; iv) Block 33 -future road; v) Elana Drive and Confederation Drive -to be dedicated on the Plan of Subdivision. (b) Easements to the Municipality i) easement of seven metres in perpendicular width throughout across the rear of Lots 21, 22 and 23 for storm drainage. 2. Lands/Easements to be conveyed to the Municipality -Plan of Subdivision No. 2 (a) Deeds to the Municipi i) Block 23 -stormwater management; ii) Blocks 19 and 24 -0.3 metre reserve; iii) Elana Drive -to be dedicated on the Plan of Subdivision. (b) Easements to the Municipality i) easement of five metres in perpendicular width throughout across Lots 1 and 2 for stonn drainage. 3. Conveyances to MTO -Plan of Subdivision No. 1 (a) Block 30 -highway widening (to be dedicated on the Plan); (b) Block 29 -0.3 metre reserve. 4. Conveyances to MTO -Plan of Subdivision No. 2 (a) Block 22 -highway widening (to be dedicated on the Plan); (b) Block 21 -0.3 mene reserve. 5. Lands for which partial discharges are required 5.1 Blocks, 24, 29, 31 and 33, Plan of Subdivision No. 1; 5.2 Blocks 21 and 23, Plan of Subdivision No. 2. 6. Lands for which postponement of mortgage/charge required 6.1 Easements noted above, and this Subdivision Agreement.
7. Location of Community Mai]boxes 7.1 Plan of Subdivision No. 1 -on the north side ofElana Drive on the corner ofBlock
