Loading...
HomeMy WebLinkAboutCSD-13-103 - Subdivision Agreement Report REPORT TO: Community & Infrastructure Services Committee DATE OF MEETING: October 21, 2013 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Juliane von Westerholt, Senior Planner, 519-741-2200 x7157 WARDS INVOLVED: All DATE OF REPORT: October 4, 2013 REPORT NO.: CSD-13-103 SUBJECT: UPDATES TO THE STANDARD RESIDENTIAL SUBDIVISION AGREEMENT RECOMMENDATION: A. That the updates to the Standard Residential Subdivision Agreement proposed by staff be approved, as attached as Appendix “A” to Report CSD-13-103. BACKGROUND: Staff is proposing updates to the City’s Standard Residential Subdivision Agreement that will refresh and make it more current, without substantially changing the format of the document. The Standard Residential Subdivision Agreement has been in place since 2001 and has not had any major revisions since then. The proposed changes would apply current terminology, standards and conditions in the agreement and would now standardize conditions that have previously been included in agreements as site specific conditions. REPORT: In the spring of this year, a Steering Committee was formed comprised of various City Staff including transportation, engineering, operations and parks, that provided input into updating the agreement and identified areas where the agreement could be improved. The proposed updates are intended to improve administration and provide clarification in certain areas of the agreement and not to significantly change the standard format of the agreement. The agreement in its present format allows the City to apply standard conditions which a Subdivider is legally obligated to fulfil without the need to create new agreements with each plan of subdivision that receives Draft Plan Approval. The standardized approach has worked well for the last 12 years and it is Staff’s intention to continue with this format. Staff considered the feedback from the other divisions and has incorporated the revisions in a draft document which was circulated to legal and all divisions for review. In addition, the draft agreement was presented to the development industry for comment. The development industry provided their comments and suggestions and where appropriate, the agreement was revised. The resulting revised draft Standard Subdivision Agreement is attached for consideration by Committee and Council. 3 - 1 The proposed changes include: Revised and current terminology such as current department names or titles; Incorporating commonly used special conditions that were not part of the standard agreement, such as the urban design conditions on priority lots, the requirement for streetscape plans and monitoring of infrastructure; Making the connection between the City of Kitchener Development Manual (last revised 2012) and the Subdivision Agreement by requiring that our standards are consistently applied to parks and infrastructure; A number of improvements that have been identified through the daily use of the Agreement by various City staff such as the requirement for advancing the timing of entering into a subdivision agreement from prior to servicing to prior to grading; The requirement to modify the plan in order to lot it out prior to registration as opposed to simply lotting it out via a Supplemental Agreement to comply with the Planning Act; Standardized language which better reflects current policies and requirements. Updates are shown as the highlighted sections in yellow and will be removed in the final document. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The proposed changes to the Standard Residential Subdivision Agreement relate to Community PriorityDevelopment and help to “strengthen our existing communities and neighbourhoods.” FINANCIAL IMPLICATIONS: Nil. COMMUNITY ENGAGEMENT: Staff consulted with The Waterloo Region Homebuilders Liaison Committee on two occasions (June 21, 2013 and September 20, 2013) to discuss staff’s intent to review the current Standard Residential Subdivision Agreement with the intent of making revisions that will refresh the document and make it more current. Staff met with a Sub-committee of the Homebuilder’s Liason Committee on two separate occasions to discuss their comments and suggested revisions to the agreement. The general public was not specifically notified of this initiative since public notification of a revised Standard Residential Subdivision Agreement is not required under the Planning Act and the subdivision agreement is between the developer and the City with no public involvement. However, this report and the agreement has been posted on the City’s webpage as part of the agenda packages for this meeting, thereby informing the general public of the review that has taken place. The consultation with the development industry falls under the consult theme of the Community Engagement Strategy. CONCLUSION: Staff is of the opinion that the proposed Standard Residential Subdivision Agreement attached as Appendix “A”, will ensure efficiencies in preparation of the agreement and provides for current requirements and conditions that will benefit the City upon implementation of the agreement. 3 - 2 REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO Community Services Department Attachments Appendix “A” – Proposed Standard Residential Subdivision Agreement, 2013 3 - 3 STANDARD RESIDENTIAL SUBDIVISION AGREEMENT RESIDENTIAL SUBDIVISION AGREEMENT made this day of , A.D. 2013 B E T W E E N: hereinafter called the SUBDIVIDER of the FIRST PART, - and - THE CORPORATION OF THE CITY OF KITCHENER, hereinafter called the CITY of the SECOND PART, - and - KITCHENER-WILMOT HYDRO INC. hereinafter called HYDRO of the THIRD PART, - and - hereinafter called the PARTY(IES), of the FOURTH PART. WHEREAS the SUBDIVIDER represents that it is the owner of, and wishes to subdivide, the lands as described in the First Schedule hereto, subject to a mortgage(s) in favour of the Party(ies) of the Fourth Part; AND WHEREAS the SUBDIVIDER has agreed to enter into this Agreement pursuant to Section 51. of the Planning Act, R.S.O. 1990, c. P.13 as amended; AND WHEREAS this Agreement contains conditions relating to the proposed subdivision of the lands as described in the Final Schedule hereto, which are required to be fulfilled within certain time frames; 3 - 4 2 Part 1 GENERAL CONDITIONS AND WHEREAS containsto be fulfilled; Part 2 PRIOR TO AREA AND WHEREAS contains conditions to be fulfilled GRADING; Part 3PRIOR TO AND WHEREAS contains conditions to be fulfilled SERVICING; Part 4PRIOR TO THE AND WHEREAS contains conditions to be fulfilled ISSUANCE OF BUILDING PERMITS; Part 5 PRIOR TO THE AND WHEREAS contains conditions to be fulfilled RELEASE OF THE AGREEMENT; Part 6OTHER AND WHEREAS contains conditions to be fulfilled within SPECIFIED TIME FRAMES; AND WHEREAS all conditions are to be fulfilled within the above time frames except as otherwise provided for by certain conditions; NOW THEREFORE this Agreement witnesseth that in consideration of the premises, the sum of FIVE ($5.00) DOLLARS now paid by the CITY and HYDRO to the SUBDIVIDER and each PARTY of the FOURTH PART (the receipt and sufficiency of which is hereby acknowledged), the approval of the SUBDIVIDER’S plan of subdivision and other good and valuable consideration, the parties hereto covenant and agree as follows: PART 1GENERAL CONDITIONS general conditions The SUBDIVIDER agrees to fulfill each of the following which follow: Terms 1.1 In this Agreement, a) “Area Grading, Erosion and Siltation Control Plan” means the plan showing the overall the grading plan for each Stage or Phase of a Subdivision being developed. This term applies during the initial grading of the site during the pre-grading stage. b) “Site Grading Plan” means the plan showing grading for a large area, not including single detached lots, usually showing the grades along lot lines and the direction of overland flow.This term applies to sites that will be subject to Section 41 agreements and associated grading and landscaping requirements. c) “Lot Grading and Drainage Plan” means the plan that is submitted to the City in concert with a building permit application for an individual lot showing proposed grades along the lot lines in accordance with 3 - 5 3 the Lot Grading Control Plan, internal proposed lot grades, driveway grades, foundation footprint, top of foundation grades, setbacks, lot and building dimensions etc. d) “Lot Grading Control Plan” means the detailed overall grading plan for each Stage or Phase of the Plan of Subdivision being developed showing the final grades for each lot corner, including slopes and embankments, surface water flow from the Lots or Blocks and grades on centerline of roads and overland flow routes. These are approved by the City’s Director of Engineering During the Servicing Stage. e) Drainage Control Plan with Building permit is a plan that shows the site drainage and grading for the individual lot subject of the building permit. f) “Subdivision” means the geographical area of land covered by the draft approval. g) “Subdivision plan” shall mean that plan depicted on the Second Schedule to the Agreement. h) “Stage” means any area which is intended for separate registration. i) “Phase” means a portion of a stage for which separate servicing is intended. j) “Works” referred to in this agreement shall be in accordance with the standards identified in the City’s Development Manual and shall include Engineering, Operational and Tree Planting and associated work(s) that will form part of public infrastructure. Any deviations therefrom have to be to the satisfaction of the Director of Engineering Services. k) “Draft Approval means the City’s conditional approval of the proposed Subdivision Plan(s) for the lands described in the First Schedule hereto.” l) “Lot means a proposed Lot or Block depicted on the Subdivision Plan. Any references therein to a ‘Lot’ also include a Lot or Block depicted on the registered Subdivision Plan.” m) “A Streetscape Plan is a comprehensive plan that depicts the inter- relationship between engineering servicing, utility location (including Bell, Canada Post, Hydro and City utilities), tree planting, driveway location, on street parking and priority lot location and coordinates these plan features so as to minimize conflicts between these.” n) “A Priority Lot is a lot within a plan of subdivision located on a corner or at the end of a street which forms a terminating view to which particular architectural control and design will be required and may require particular orientation towards the street in order to achieve a desired urban design objective” Plan of1.2 The final plan(s) for registration purposes shall be prepared in Subdivision accordance with the subdivision plan attached as the Second Schedule, dated (________________). Plan1.3 a) Minor changes to said plan, acceptable to the CITY’S Director of Changes Planning and not affecting the number of lots or blocks may be permitted without an amendment to this Agreement. b) Major changes to the plan or changes affecting the numbering of 3 - 6 4 lots or blocks shall require Ministerial approval and an amendment to this Agreement; and, c) deleted. Compliance 1.4 All works referred to within this document will be in compliance with with the standards described in the City’s Development Manual as Development amended from time to time. Any deviation from these standards will Manualrequire the approval of the Director of Engineering Services. Service 1.5a) The SUBDIVIDER shall pay the cost of installation of the following Payment and public services: Installation sanitary sewers, drainage works, area grading, lot level grading, parks, multi use pathways, storm water management ponds, storm sewers, watermains, underground electrical distribution plant and lighting with attendant conductors, pipes, pedestals and transformers, driveway ramps, streets, roundabouts, traffic calming measures, pavements, curbs, gutters, fences in public rights-of-way, park block grading, seeding and sodding, park fences or boundary markers, boulevard landscaping including trees, mailboxes, monuments, street name signs, traffic control signs, sidewalks, multi-use pathways and walkways and all necessary connections, other appurtenances and outlets to the foregoing services. b) The SUBDIVIDER shall install the public services defined in clause a) above to the CITY’S current subdivision standards, as set out in the CITY’S Development Manual and HYDRO’S Manual, each as amended from time to time, in accordance with the engineering plans and procedures approved by the CITY’S Director of Engineering Services or HYDRO’S Engineer. c) Notwithstanding clauses a) and b) above, the SUBDIVIDER shall install any other services including, but not limited to works and services on existing streets as are required to bring the subdivision and abutting and outlet streets up to the CITY’S current subdivision standards, as set out in the CITY’S Development Manual, as amended from time to time, all to the satisfaction of the CITY’S Director of Engineering Services. CITY/ 1.6 If the CITY or HYDRO undertakes to install certain work(s) HYDRO required by this Agreement, the SUBDIVIDER shall pay all costs of Servicesuch work(s) prior to the commencement of such work(s) by the Installation CITY or HYDRO and the CITY or HYDRO may stop such work when funds provided are exhausted. Service1.7 All service connections to be installed in the subdivision shall be Connection subject to the CITY’S standards and HYDRO’S regulations and no Restrictions connection shall be made to lands not directly abutting a street containing such service without the express consent of the CITY or HYDRO. Workforce 1.8 All work done under this Agreement shall be done expeditiously, in a Qualifi- good workmanlike manner by persons qualified and licensed in cations accordance with all applicable by-laws, statutes and regulations, and so as to cause a minimum of nuisance. Third Party 1.9 The SUBDIVIDER shall indemnify the CITY and HYDRO against Claims any legal liability for losses, damages, claims, demands, actions, Indemnitysuits and costs arising directly or indirectly from anything done by the SUBDIVIDER or its employees, contractors or agents, in connection with the subdivision, whether or not in performance of this agreement, and provide proof of public liability and property 3 - 7 5 damage insurance for this purpose in a form and amounts approved by the CITY’S Solicitor. CITY1.10 The SUBDIVIDER shall be responsible to the CITY and HYDRO for Property the cost of damage done to any public service as defined in Section Damage 1.5 a) on existing street(s) in the immediate vicinity of the subdivision, or the CITY’S or HYDRO’s easements, during construction or building by anyone other than the CITY or HYDRO, unless the SUBDIVIDER demonstrates to the reasonable satisfaction of the CITY’S Director of Engineering that such damage was not caused by any employee, contractor, supplier or agent of the SUBDIVIDER, anyone building a home in the subdivision or any employee, contractor, supplier or agent of anyone building a home within the subdivision. If the SUBDIVIDER fails to repair such damage or pay to the CITY the cost of such damage, the CITY’S Chief Building Official may, in his/her discretion, refuse to issue any further building permits within the subdivision. Any dispute between the CITY and the SUBDIVIDER as to the responsibility for any damage shall be resolved in the discretion of the CITY’S consulting engineer and the decision of the CITY’S consulting engineer shall be binding on the CITY and the SUBDIVIDER. Hydro 1.11 HYDRO shall exercise the CITY’S rights for those CITY works which Rights are under the control and management of HYDRO; however, the CITY’S Director of Engineering Services shall have overriding control with respect to the location and construction of such works. HYDRO shall exercise full rights for those works under its jurisdiction. Servicing in 1.12 Where the SUBDIVIDER has not completed servicing in accordance Publicwith any approved servicing plan and where the CITY’S Directors of Interest Planning and Engineering Services consider it is in the public interest to provide such servicing within the subdivision to secure orderly development of the City, the CITY may, in its sole discretion, proceed with the engineering and construction of such services at the SUBDIVIDER’S expense and the cost thereof shall be a charge upon the subdivision and a debt payable by the SUBDIVIDER to the CITY upon receipt by the SUBDIVIDER of notice of the CITY’S decision. This provision shall extend to the servicing of adjacent privately held lands under usual circumstances. Default 1.13 The CITY’S Chief Building Official shall have the power to refuse to grant building permits in the subdivision at any time when the SUBDIVIDER is in default under this Agreement, subject to a period of notice that is reasonable considering the circumstances giving rise to the default. Charge on 1.14 The SUBDIVIDER charges the lands with the performance of this Land Agreement. Where the SUBDIVIDER sells any vacant Lot or parcel of land intended for individual ownership, it agrees to incorporate as a condition of the sale the requirement that the purchaser shall comply with all provisions of this Agreement that specifically deal with grading and work or services to be completed on or in such Lot or parcel. The SUBDIVIDER further agrees that it shall remain primarily liable for full compliance with all provisions of this Agreement dealing with grading and servicing provided, however, that when construction on any lot or block is completed, the grading of the lands is brought into compliance with the approved Lot Grading Control Plan and the requisite certification thereof is provided to the CITY, the obligation of the SUBDIVIDER with respect to the grading and servicing on such lot or parcel or any part thereof shall be at an end. This does not release the owner of such lot or block from being liable to keep the grading of same in compliance with the approved Site Grading Plan as may be required 3 - 8 6 by the CITY. Compliance 1.15 Nothing in this Agreement exempts the SUBDIVIDER or anyone with Laws claiming by, through or under it from compliance with any by-law of the CITY or any statute or regulation of Ontario or Canada or any other law, nor exempts it from any liability accruing to it as the owner of the lands. Further Acts1.16 Each of the parties agrees to do everything within their power to carry out this Agreement to secure a development of good quality without adversely affecting surrounding development. To achieve the foregoing, and without limiting its generality, the SUBDIVIDER to the extent that it is in its power, agrees in particular as follows: a) to grant any additional easements to the CITY and HYDRO that may be found to be required within five years following the acceptance of the public services defined in Section 1.5; b) to proceed with any grading or other work necessary to facilitate servicing in the public interest by the CITY and HYDRO; c) that no obstructions will be placed on or be allowed to remain on any CITY or HYDRO rights-of-way, easements or streets; d) not to damage any adjacent CITY property; e) to carry out any lawful directions given by the CITY’S Director of Engineering Services or HYDRO’S Engineer; and f) to reserve the right to enter on any lot to do any necessary grading or regrading as required pursuant to Section 4.5 and prior to the completion of grading to the satisfaction of the Director of Engineering Services. Access for 1.17 a) Where, under the terms of this Agreement, the SUBDIVIDER Local conveys land to the CITY, School Board or other local board or Authorities commission for use for a school site, public park or other municipal purpose, the SUBDIVIDER shall, subject to the approval of the CITY, schedule its road construction to facilitate access to such lands at such time or times as may be required by the CITY in accordance with the approved staging. b) Further, the SUBDIVIDER shall permit the CITY and such local authorities to have temporary passage across any vacant portion of lands owned by the SUBDIVIDER as may be required in the public interest, to facilitate their construction programs. Orderly1.18 The SUBDIVIDER agrees, when servicing commences, to proceed Servicing with the installation of the public services referred to herein as promptly as good practices permit. The SUBDIVIDER agrees that the CITY’S Director of Engineering Services may specify in what the services are to be installed and may require that such steps be taken as are in his opinion necessary to protect existing work, or to protect works already installed under this Agreement. Servicing 1.19 The CITY’S Director of Engineering Services and HYDRO’S InspectionsEngineer shall have the right to inspect the work while it is in progress. This inspection may be done by officers or employees of the CITY or HYDRO or Consulting Engineers appointed by the CITY or HYDRO. In all cases, inspection fees shall be payable by the SUBDIVIDER. Additional 1.20 The SUBDIVIDER shall be responsible for and perform any and all Work additional work found to be necessary by the SUBDIVIDER’S 3 - 9 7 Engineer due to site conditions. Where additional drawings or specifications are necessary, the SUBDIVIDER’S engineers shall prepare same and the SUBDIVIDER and its contractor will comply with such revised drawings or specifications when installing or constructing services or works pursuant to this Agreement. Stop Work 1.21 The CITY’S Director of Engineering Services may cause work to be stopped, when, in his/her opinion, the SUBDIVIDER is in default under this Agreement or the contractor is in default under its agreement with the SUBDIVIDER subject to a period of written notice that is reasonable considering the circumstances giving rise to the default or the effects and consequences of such default. When work has been stopped it shall not be resumed until conditions are satisfactory or safe or any necessary remedial work is done to the satisfaction of the CITY’S Director of Engineering Services, as the circumstances require. CITY1.22 Where the CITY is a contributor to the cost of any services or work Contribution within the subdivision, any tender procedure or bid invitation to Work procedure shall be subject to the prior written approval of the CITY’S Director of Engineering Services. Dissem- 1.23 The SUBDIVIDER agrees that it shall disseminate, or contractually ination of obligate any person who buys any part of the Land from the Information SUBDIVIDER and who constructs a dwelling on the land to disseminate, information about the subdivision and surrounding land use as follows: a) by distributing to prospective purchasers the land use plan for the neighbourhood in which the subdivision is located, prepared by the CITY’S Director of Planning which is current as of the date of the subdivision approval, including any application(s) for development on the subject or adjacent lands. Notice shall be attached advising that the plan may be subject to change and that for updated information, inquiries be made at the CITY’S Director of Planning; b) by displaying within all model homes or central sales offices within the plan of subdivision, the land use plan showing all newly registered, draft approved and formally submitted plans of subdivision. This plan shall be posted in areas accessible for public viewing and copies of the plan shall be made available to all prospective purchasers; c) by inserting in all agreements of purchase and sale to original occupants, the following: “The Purchaser has been directed to inquire at the CITY’S Director of Planning as to any applications or concepts for development of adjacent properties. The SUBDIVIDER has not made any representation to the Purchaser concerning the zoning in effect of the development proposed for any lands adjacent to its development”; d) by inserting a warning clause in all agreements of purchase and sale respecting any lots or blocks in close proximity to a source of noise as may be identified elsewhere in this Agreement, advising prospective purchasers of their proximity to the noise, which may interfere with the enjoyment of property. The affected lots and blocks will be specified at the time of the registration of the plan. e) by inserting a statement in all agreements of purchase and sale for any lots or blocks abutting publicly owned open space, stormwater management areas or Environmentally Sensitive Policy Areas, 3 - 10 8 advising that permanent 1.5 metre high, chain link fencing or an alternative marking system is required to be installed and maintained; and, f) by implementing and delivering all information contained in the approved Detailed Vegetation Plan and Tree Preservation/Enhancement Plan (if applicable) set out in Sections 2.10 and 4.7, to prospective purchasers to ensure that the requirements of such plan(s) are carried out as specified. g) by inserting a statements in all agreements of purchase and sale for any lots or blocks abutting public parks or multi-use pathway corridors advising of the type and location of the facilities proposed within the public lands. Final Grading 1.24 The SUBDIVIDER agrees that any person who is constructing a and Drainage dwelling on the lands shall complete final grading including the installation and compaction of tree habitat soils, seeding or sodding of each lot in conformity with any site plan and Lot Grading and Control Plan as set out in Section 4.5 and in compliance with all provisions of the CITY’S Development Manual. Drainage 1.25 The SUBDIVIDER covenants that the grades and levels referred in Section 2.13 will be maintained and no lot will be filled, cut or encumbered so as to interfere with drainage, without the approval of the Director of Engineering Services. It is intended that this covenant shall constitute a restrictive covenant running with the land and each part thereof for the benefit of the subdivision and each part thereof, so far as may be, as a building scheme and for the benefit of the CITY’S streets in the subdivision provided, however, that when construction on any vacant lot or block is completed, all tree habitat soils are compacted and the grading of such lands is brought into compliance with the approved Lot Grading and Control Plan, and the requisite certification thereof is provided to the CITY’S Director of Engineering after the 2 year warranty period, the SUBDIVIDER shall not be responsible for subsequent filling, cutting or encumbering contrary to this section and the obligation of the SUBDIVIDER with respect to the grades and levels on such lot or block shall be at an end. This does not release the owner of such lot or block from time to time from being liable to comply with the provisions of this section. Street 1.26 The SUBDIVIDER shall maintain all road allowances within the Cleaning vicinity of the works within the subdivision free of mud, dust, litter and obstruction, that may occur directly or indirectly on account of construction within the subdivision, on a daily basis throughout the term of this Agreement. This obligation shall be at an end with respect to each street within the subdivision once all construction of dwellings on such street has been completed with the requisite certification of compliance with the Lot Grading and Control Plan and City’s Development Manual provisions for all such dwellings having been provided to the CITY. The SUBDIVIDER, on receiving either written or oral notification from the CITY that work is required, shall immediately undertake such necessary work to clear and/or clean the road allowances. If the SUBDIVIDER fails to comply, the CITY may arrange for such work to be undertaken at the expense of the SUBDIVIDER. The monies for this work may be drawn from the securities referred to in Section 3.4 hereof. State of Site 1.27 The SUBDIVIDER agrees that, if construction within the subdivision ceases for a minimum period of six months, the site shall be put in a condition so as to prevent erosion including the installation of silt fences, seeding, sodding or any other mitigated works to the satisfaction of the Director of Engineering Services and that if such remediation is not undertaken by the SUBDIVIDER, the CITY may 3 - 11 9 arrange to take the necessary action at the expense of the SUBDIVIDER. The monies for this work may be drawn from the securities referred to in Section 3.4 hereof. PART 2 PRIOR TO AREA GRADING of the Subdivision: Prior to the commencement of any area grading of the subdivision, the SUBDIVIDER agrees to fulfill each of the following conditions: Area Grading 2.1 The SUBDIVIDER agrees to acquire a qualified Engineering PlanConsultant who shall shall prepare an Area Grading, Erosion and Siltation Control Plan to the satisfaction of the CITY’S Director of Engineering Services and those applicable City Departments or regulatory agencies determined by the CITY’S Director of Engineering Services at the time of draft approval. Soils Report for Tree 2.2 The SUBDIVIDER shall provide, as a component of the Area Planting Grading Erosion and Siltation Control Plan, a soils report which meets the requirements of the Urban Forest-Tree Planting and Establishment Section of the Development Manual to the satisfaction of the Director of Operations. Grading2.3 No area grading shall occur on the lands until such time as the Authorization SUBDIVIDER has received a letter of authorization from the CITY’S Director of Engineering Services to proceed, and then only in accordance with the accepted Area Grading, Erosion and Siltation Control Plan. Design and 2.4 The SUBDIVIDER shall provide detailed design drawings and Grading for grading plans for all park and multi-use pathway blocks for review Parks/Multi- and approval to the satisfaction of the Director of Operations and usethe Director of Planning in consultation with the Director of Pathways Engineering Services. Grading of 2.5 The SUBDIVIDER shall, at the time of area grading, fill, compact CITY Lands and grade in both a preliminary and finished form, topsoil and seed/sod those blocks shown on the plan as park, urban green, walkway or multi-use pathway, to the satisfaction of the CITY’S Director of Operations. Grading plans and implementation within such blocks may include making a grading allowance for a minimum six metre wide flat area for future multi-use pathway purposes. Heritage2.6 In the case of lands containing a property designated under the Resource Ontario Heritage Act or listed on the CITY’S Inventory of Heritage Buildings, or adjacent to land containing the heritage resource, the CITY’S Director of Planning shall also be consulted in the authorization of area grading of subdivision lands. Topographic 2.7 The SUBDIVIDER agrees that so far as good engineering practices al Features permit, the existing topographical features will be preserved. Noise Study 2.8 If a noise study approved by the Regional Municipality of Waterloo includes mitigation measures which affect the grading of lands, the specific measures to be implemented must be determined and included in the CITY’S approval of the final Lot Grading Control Plan. 3 - 12 10 Subsurface2.9 When the CITY approvedArea Grading, Erosion and Siltation Soils Control Plan requires cut or fill, it shall be incumbent upon the Investigation SUBDIVIDER to recognize the details of the soil conditions for the affected portion of the Lands and to take all steps necessary to make the affected portion of the Lands adequate for foundations. Therefore, immediately following area grading and prior to building construction, the SUBDIVIDER shall submit to the CITY’S Chief Building Official, soils and engineering reports prepared by a qualified Geotechnical Engineer, which shall contain the following: a) Details of such proposed grading operations, including specific areas required to contain structural fill, and a summary sheet and plan designating all lots and blocks within the plan of Subdivision in the following categories: i) lots and blocks with proposed footing elevations in native undisturbed soil; ii) lots and blocks with proposed footing elevations in/on structural fill material, placed under supervision and tested to determine that adequate bearing capacity was achieved; iii) lots and blocks with proposed footing elevations in/on structural fill material, which requires further testing by a qualified geotechnical engineer prior to the footings being poured; and iv) proposed footing elevations are defined as a minimum of 1.2 metres below the proposed finished grade as shown on the approved Lot Grading Control Plan; and, v) lots and blocks that have soils conducive for infiltration, and which could support the construction of infiltration galleries. b) In clauses ii) and iii) above, plans acceptable to the Chief Building Official shall be provided illustrating the limits of the structural fill material placed if it is less than the total lot or block area; and, c) No building permits shall be available for those lots and/or blocks in the affected stage until the required soils report has been submitted to the CITY’S Chief Building Official for approval, a reasonable time for review has transpired and the SUBDIVIDER has submitted to the CITY’S Chief Building Official a detailed list specifying the affected lots or blocks, arising out of the summary sheet provided in clause a) above and has received written approval from the Chief Building Official. Tree 2.10a) In consideration of the wooded character of the subdivision lands Management and the CITY’S desire to minimize the impact of development on /Detailed treed areas worth retaining, the SUBDIVIDER agrees to submit a Vegetation Detailed Vegetation Plan and to obtain approval from the CITY’S PlanDirector of Planning. b) The SUBDIVIDER shall provide a digital copy of the approved Detailed Vegetation Plan (where applicable) showing the approved grading, to the CITY’S Director of Planning. c) The SUBDIVIDER shall implement all approved measures for the protection of isolated trees, tree clusters and woodlands as 3 - 13 11 approved in the Detailed Vegetation Plan(where applicable) and to provide written certification from the SUBDIVIDER’S Environmental Consultant to the CITY’S Director of Planning that all protection measures have been implemented and inspected, in accordance with the CITY’S Tree Management Policy. Failure to 2.11 In the event the SUBDIVIDER fails to comply with Section 2.3, the Comply SUBDIVIDER shall be responsible for the regrading of all the lands within the plan, including parks at their own cost and in accordance with the approved Lot Grading Control Plan to the Satisfaction of the CITY’S Director of Engineering in consultation with the Director of Operations. Topsoil 2.12 The SUBDIVIDER shall topsoil and seed all areas not immediately Future used for development purposes immediately following the completion Development of area grading of such lands and in the event of winter conditions, by June 1 of the following year to the Satisfaction of the Director of Engineering. During 2.13 The SUBDIVIDER agrees to submit, obtain approval of and implement Development a Stormwater Management Report which includes a detailed “during SWMdevelopment” monitoring and response program of all Storm Water Monitoring related infrastructure and appurtences. The program is to be approved by the CITY’S Director of Engineering Services in consultation with the CITY’S Director of Planning, the Director of Operations, the Grand River Conservation Authority and the Regional Municipality of Waterloo. The purpose of the “during development “ monitoring program is to ensure the stormwater management facilities satisfy the design criteria specified in the appropriate Subwatershed Plan and/or other approved comprehensive study and to ensure erosion, sedimentation and siltation control measures are maintained and function as approved. The “during development” monitoring program is to extend until substantial completion of the development to the satisfaction of the CITY’S Director of Engineering Services. The developer further agrees to implement any remedial action deemed necessary as a result of the aforementioned monitoring program at their sole expense to the satisfaction of the CITY’S Director of Engineering Services. Post Development 2.14 The SUBDIVIDER agrees to submit, obtain approval of, and implement SWM a detailed “post development” monitoring program in accordance with Monitoring the approved Storm Water Management Plan for the Subdivision. The program is to be approved by the, Director of Engineering Services in consultation with the Director of Planning, the Director of Operations, the Grand River Conservation Authority and the Regional Municipality of Waterloo. The purpose of the “post development” monitoring program is to ensure that stormwater management facilities continue to satisfy the design criteria specified in the appropriate Subwatershed Plan and to identify any specific additional maintenance requirements that may be necessary, including but not limited to erosion, sedimentation and siltation control measures. The “post development” monitoring program will extend for 24 months from the substantial completion of the development to the satisfaction of the City’s Director of Engineering and coincide with the maintenance guarantee period required in the City’s Standard Form Residential Subdivision Agreement. The developer further agrees to implement any remedial action deemed necessary by the CITY’S Director of Engineering Services as a result of the aforementioned monitoring program at their sole expense to the satisfaction of the CITY’S Director of Engineering Services. 3 - 14 12 2.15 The SUBDIVIDER shall obtain approval of a Lot Grading Control Plan showing the required elevation including slopes and Lot Grading embankments of each corner of each lot and block in the Plan and Control Plan the required elevation(s) of the building site as well as the required direction flow of surface drainage which must be approved by the CITY’S Director of Engineering Services, in consultation with those applicable regulatory agencies determined at the time of draft plan approval. Further, the SUBDIVIDER agrees to provide a digital copy of the approved Lot Grading Control Plan to the CITY’S Director of Engineering Services once the plan is approved. PART 3PRIOR TO SERVICING Prior to the servicing of each stage of the plan, the SUBDIVIDER agrees to fulfill each of the following conditions: Engineering 3.1 The SUBDIVIDER shall obtain all engineering approvals from the Approvals Ministry of the Environment, the Regional Municipality of Waterloo and the CITY and no servicing work shall commence except in accordance with engineering drawings approved by the CITY’S Director of Engineering Services. Stormwater 3.2 The SUBDIVIDER agrees to acquire a qualified Engineering Management Consultant who shall prepare a detailed engineering design and Design and report for storm water management and obtain approval thereof, from Landscaping the CITY’S Director of Engineering Services, in consultation with the CITY’S Director of Operations and those applicable regulatory bodies determined by the CITY’S Director of Engineering Services at the time of draft approval. In addition, the SUBDIVIDER shall have landscape plans for the storm water management facilities prepared by a Landscape Architect to the satisfaction of the Director of Operations in consultation with the Director of Engineering Services. Securities 3.3a) The SUBDIVIDER shall deposit securities in an amount not less than 60 per cent of the estimated cost of the public services set out in Section 1.5, as determined by the CITY’S Director of Engineering Services to ensure satisfactory performance of the SUBDIVIDER’S obligations under this Agreement as they pertain to the public services. b) Said security shall be an irrevocable letter of credit or other form of security acceptable to the CITY Solicitor and the CITY’S Treasurer. c) The CITY may reduce these securities proportionately when part of the public services are accepted, provided, however, that the reduction shall not result in less than 110 percent of the cost of the following above ground works or $5000.00 whichever is greater, not yet accepted in accordance with Section 3.3: surface course of asphalt, paved driveway ramps, curbs, gutters, fences, boulevard landscaping including trees and required soil habitat, multi-use pathways, street name signs, traffic control signs , walkways and sidewalks. Warranty 3.4 The SUBDIVIDER shall warrant and guarantee and hereby warrants Period and guarantees all works and services provided for in Section 1.5, against all defects of material and workmanship for a minimum period of 24 months from its completion and acceptance. Acceptance of all services set out in Section 1.5 shall be in writing by the CITY’S 3 - 15 13 Director of Engineering Services or the Engineer of HYDRO under whose control and management the work falls. Underground works, up to and including the first course of asphalt, curb and gutter, may be accepted separately from above ground works. Each above ground work may be accepted on a street by street basis within each Stage. Lotless 3.5The SUBDIVIDER agrees that prior to the CITY’S approval of Blocksservicing drawings for lotless blocks intended for street townhouse dwellings or single, semi-detached or duplex dwellings, to submit a draft reference plan for each Lot or block and obtain approval of such reference plan from the CITYS’ Directors of Planning and Engineering Services and HYDRO’S Engineer. Warranty 3.6 Before release of the security set out in Section 3.3, the Securities SUBDIVIDER shall provide securities in a form set out in Section 3.6 above in an amount equivalent to the value of fifteen percent of the value of works being considered for initial acceptance, or $5,000.00 whichever is the greater, to support the warranty and guarantee as provided in Section 3.3. Admin- 3.7 The SUBDIVIDER agrees to pay to the CITY’S Director of istration Fee Engineering Services, an administration fee of a percentage amount of the value of the cost of the public services, as determined by the CITY’S Director of Engineering Services, for the approval of engineering drawings. The said percentage amount of the fee shall be as prescribed by Council from time to time. Fifty (50%) per cent of the fee is to be paid prior to the first submission of engineering drawings with the balance of the fee (50%) being paid prior to approval of the final set of engineering drawings. Contract/ 3.8 All servicing contracts between the SUBDIVIDER and any contractor Contractor for any work to be done pursuant to this Agreement shall be subject Approvalto the approval of the CITY’S Director of Engineering Services and without limiting the generality of the foregoing, every contract shall: (a) be with a contractor acceptable to the CITY’S Director of Engineering Services; (b) contain a provision binding the contractor to file performance and material and labour bonds and liability insurance satisfactory to the CITY’S Director of Engineering Services, with in the case of liability insurance, the CITY named as an additional insured; (c) provide that the work of the contractor shall at all times be subject to the inspection of the CITY or CITY’S consulting engineer and be performed in accordance with the terms of this Agreement; (d) provide that the contractor shall co-operate with the inspectors and engineers at all times, submit materials used for any tests required and comply with any directions given by the inspectors and engineers, to ensure compliance with the plans and specifications; (e) provide that the contractor shall supply a work schedule which may be updated as deemed necessary by the CITY, for the approval of the CITY’S Director of Engineering Services which work calendar shall provide for the work to be carried forward with reasonable expedition and which work calendar shall be adhered to so far as is reasonably possible; (f) include an acknowledgment by the contractor that the contractor looks only to the SUBDIVIDER and not to the CITY for payment of this work. 3 - 16 14 Staging/ 3.9 Staging and phasing shall be established to the satisfaction of the Phasing CITY’S Directors of Planning and Engineering Services. Any necessary facilities such as temporary roads, temporary emergency accesses, and temporary turning circles shall be shown on all engineering drawings for lands subject to this agreement, to the satisfaction of the CITY’S Director of Engineering Services in consultation with the Director of Transportation Services. Hydro One- 3.10a) In the event any local road is intended to cross lands owned by Crossing Hydro One, the SUBDIVIDER shall make arrangements with Hydro One to convey to the CITY, at no cost to the CITY, that portion of the Hydro One right-of-way required for such road. b) Following the completion and initial acceptance of the servicing of this section of road by the CITY’S Director of Engineering Services, the CITY shall open, by by-law, such section as public highway. Servicing 3.11 If the SUBDIVIDER wishes to proceed with the installation of Prior to services set out in Section 1.5 prior to registration of the Subdivision RegistrationPlan, in addition to any other requirements set out in Part 3, the following shall also be required: (i) Final approval of any implementing zoning by-law; (ii) Approval of any required Detailed Vegetation Plans as set out in Section 2.10; (iii) Approval from the CITY’S Director of Planning of the draft subdivision plan showing the final Lotting for registration of those lands being serviced. Such plan shall be submitted by the SUBDIVIDER and prepared in accordance with the plan modification required before registration and the approved Engineering drawings; and iv) Written authorization from the CITY’S Director of Engineering Services following the completion of clauses i), ii) and iii) above. Servicing 3.12 If the SUBDIVIDER receives authority to proceed under Section Risk 3.11 it acknowledges and agrees that such servicing is done at its sole risk and the SUBDIVIDER agrees to indemnify the CITY with respect to any claim or loss which may occur as a result of the registration of a Plan of Subdivision other than that approved in clause 3.11 iii). The cost of rectifying any works carried out under Section 3.11 will be at the sole responsibility of the SUBDIVIDER. Decorative 3.13 The SUBDIVIDER shall confirm whether decorative street signage Street and street lighting will be used for the subdivision to the Signage and satisfaction of the CITY’S Director of Transportation Planning and Lighting KW Hydro. Should these decorative elements be utilized, they shall be installed at the appropriate time frame and to the SUBDIVIDER’S cost, including the provision of 10% of the materials for future replacement/maintenance, to the satisfaction of the CITY’S Director of Transportation Planning, Kitchener Utilities, Director of Planning and KW Hydro. Master Tree 3.14 The SUBDIVIDER shall prepare a Master Tree Planting Plan to the Planting Plan satisfaction of the CITY’S Director of Operations in consultation with the Director of Planning. Park Design 3.15 The SUBDIVIDER shall prepare and receive approval of detailed 3 - 17 15 Drawingsdesign drawings and development budget, based on a cost estimate for all park blocks to the satisfaction of the CITY’S Director of Operations in consultation with the CITY’S Director of Planning. 3.16 The SUBDIVIDER shall prepare a Streetscape Plan with particular Streetscape attention to Priority Streets within a Stage or Phase of the Plan Subdivision to the satisfaction of the Director of Planning, Director of Engineering Services, Director of Operations, Director of Transportation Services and KW Hydro. The Streetscape Plan shall be a comprehensive plan in accordance with Development Manual standards and other City standards that illustrates and coordinates the following in order to minimize any conflicts : a) Design and construction details for any centre median boulevards including low-maintenance sustainable plantings and decorative elements; b) Design and construction details for pedestrian crosswalks at key intersections identified in the plan as well as any parks, multi-use pathways or Urban Greens; c) Identify the potential locations for utilities including decorative light standards, decorative signage, transit stops and central mailbox facilities ; d) Lot flankage treatment including such elements as decorative fencing, landscaping including boulevard trees where appropriate between the side yard fence and the sidewalk on corner lots; e) The location of priority lots, terminating lots or at gateway locations for which specific Architectural Features such as but not limited to windows, grills, porches, roof lines and architectural style on houses located thereon will be enhanced; f) Design and construction details for traffic calming features including the centre median for the community multi use pathway crossings, alternate intersection treatment at the intersection such as a neighbourhood traffic circle or curb extensions, and traffic calming measures along such as pavement narrowing, curb extensions, centre medians or other; g) Conceptually identify neighbourhood-scale entrance features within the daylight triangle and landscape buffer blocks at the main entrance into the subdivision as identified on the plan; h) Conceptually identify potential street tree planting locations for primary/priority streets and any intersections with therewith, with enhanced treatments to be considered for the first street block (gateway entrance) location; i) Conceptually identify tree planting locations within the boulevard j) Identify the location of driveways along the street; k) Identify the areas along the streetscape for on street parking The approved Streetscape Plan shall also ensure the following 3 - 18 16 be considered in the approval of the Servicing drawings: i. Do not conflict with preliminary driveway locations and potential locations for utilities hydrants or community mail box facilities or Master Tree Planting Plan to the satisfaction of the CITY’S Director of Planning and Director of Engineering Services in consultation with the CITY”S Director of Transportation Services, CITY”S Director of Operations, Canada Post and Kitchener Utilities . ii. Provide that no driveways shall be installed within 1.0m of a street light pole or hydro pole or where the wheels of a vehicle would pass over any part of a submersible transformer vault in accordance with the City’s Development Manual and to the satisfaction of the CITY’s Director of Engineering Services in consultation with the CITY’s Director of Transportation Services and Kitchener Utilities. iii. Provide that no sewer or water service will be installed within 1.5m of the centre of proposed submersible transformer vault or within 0.9m of a proposed electrical service stub and that no fire hydrant will be installed within 3.0m of a proposed street light pole or hydro pole The SUBDIVIDER shall be responsible for ensuring that these separations are maintained to the satisfaction of the CITY’s Director of Engineering Services in consultation with Kitchener Wilmot Hydro. iv. The location of concrete pads for the placement of the Community Mail Boxes shall be approved by Canada Post and shall be shown on the servicing drawings. Said pads are to be poured at the time of curb and or sidewalk installation within each Stage of the plan of subdivision to the satisfaction of Director of Engineering Servicing in consultation with Canada Post, Director of Transportation Services and the Director of Operations. Should temporary locations be required prior to the installation of all curbs, sidewalks and boulevards for each phase, the temporary locations will be determined in consultation with Canada Post. 3.17 Prior to Registration of each Stage or Servicing of each Stage, whichever shall occur first, the SUBDIVIDER shall submit a Lotting Plan for each lotless block to the satisfaction of the Director of Lotting Planning. variety In the interest of providing a variation in housing designs, the SUBDIVIDER further agrees to provide a lotting plan that shall have a mixture of lot widths across each stage. Generally speaking this shall mean that within each stage containing single detached, a maximum of 50 per cent of the lots shall have the minimum frontage and a minimum of 25% of the lots shall have a minimum lot width of 11 metres. For Blocks containing townhomes, a maximum of 50 per cent of the lots shall have the required minimum frontage. 3 - 19 17 PRIOR TO APPLICATION OF ANY BUILDING PERMITS IN EACH STAGE Prior to the application of any building permits in each stage or phase of the subdivision, except as otherwise entitled prior to plan registration, and, notwithstanding any security arrangements set out in Section 3.3, the SUBDIVIDER agrees to fulfill each of the conditions which follow: Lot Grading 4.1 If not already undertaken, the SUBDIVIDER agrees to prepare a Lot Control Plan Grading Control Plan as required in Section 2.15 for each individual lot or block within the subdivision No building permit shall be issued in absence of the Lot Grading Control Plan. Soil 4.2The CITY’S Chief Building Official may withhold the granting of Stabilizationbuilding permits until any required work such as soil stabilization, the placing of structural fill, installation of flood protection, special foundations, retaining walls or other work is completed to his/her satisfaction and has absolute discretion to refuse to grant building permits on any lots or blocks in the plan which, in the opinion of the CITY’S Chief Building Official, are unsuitable for building because of their rocky, low lying, marshy or unstable characteristics or which may be subject to flooding, until such time as all work which may be required to make such land suitable for building or protected from flooding, is completed to the satisfaction of the CITY’S Chief Building Official. Copy of 4.3 The SUBDIVIDER shall lodge both a mylar and digital copy of the Registeredregistered plan with the CITY’S Director of Planning immediately after Plan the registration of the plan. Development 4.4 The SUBDIVIDER shall pay the CITY any applicable development Charges charges required by the CITY’S Development Charge By-law, as it may be amended from time to time. Lot Grading 4.5 The SUBDIVIDER agrees: and Drainage Plan a) that a Lot Grading and Drainage Plan which shows foundation elevations and the location of the proposed building, street furniture, all municipal services and any other submission requirements shall be submitted to the CITY’S Chief Building Official with every application for a building permit. The site grading plan shall also show the elevation of the top of the foundation wall(s) of the proposed building, in conformance with the approved Lot Grading Control Plan; b) verification from the CITY’S consulting engineer shall be provided that the site plan will comply with the approved Lot Grading Control Plan and Driveway Location Plan; and 3 - 20 18 Letters of 4.6 a) The SUBDIVIDER agrees that no building permits shall be issued Credit- with respect to any lot or block until such time as storm and sanitary Building sewers, water mains, hydro, gas (if applicable), first course of asphalt Permits/ road surface together with curb and gutter, and their related Occupancyappurtenances thereto are installed and accepted to the satisfaction of the CITY’S Director of Engineering Services and HYDRO. b) Notwithstanding clause a) above, the SUBDIVIDER may, at its option, provide a letter of credit for 100% of the estimated cost of the public services as set out in Section 1.5a) as determined by the CITY’S Director of Engineering Services and, subject to all conditions in this Agreement that require performance prior to the issuance of building permits, shall be entitled to building permits with respect to the residential lots to be serviced thereby; c) The CITY hereby agrees to reduce the said 100% performance guarantees from time to time to a minimum of 60% as services are installed and proof of payment therefor from the contractors involved is verified to the satisfaction of the CITY’S Director of Engineering Services. Further reductions may take place in accordance with Section 3.3 c); and, d) The SUBDIVIDER further acknowledges that there shall be no occupancy of any building until such time as storm and sanitary sewers, water mains, hydro, gas (if applicable), and first course of asphalt road surface together with curb and gutter, and their related appurtenances are installed and accepted to the satisfaction of the CITY’S Director of Engineering Services. Lot 4.7 The SUBDIVIDER shall make a Lot Grading and Drainage Plan and GradingandMaster Tree Planting Plan of the subdivision available to all Drainage/Ma prospective purchasers, including builders. ster TreePlanting Plan Availability MTO-Land 4.8 The SUBDIVIDER acknowledges that the Ministry of Transportation Use and Sign Ontario requires Building/Land Use for any development within 45 Permits metres of the limit of any Provincial highway and that no building or structure is permitted within 14 metres of such right-of-way or 300 metres from the centre point of intersection. Grant 4.9 The owner of a lot abutting a zero lot line development shall, at the Easements request of the CITY’S Director of Planning, grant any easements required for the maintenance of, or eave encroachment by, the adjacent dwelling and in favour of the adjacent property. Tree 4.10 The SUBDIVIDER shall reassess all needs of trees to be maintained Manage- as set out in Section 2.10, immediately following the completion of ment/Tree area grading of a particular Stage or Phase. A Tree Maintenance Maintenance Report as outlined in the CITY’S Tree Management Policy detailing all Report recommended tree maintenance measures shall be submitted to and approved by the CITY’S Director of Planning. 3 - 21 19 Tree4.11a) Where the Detailed Vegetation Plan required in Section 2.10 has Manage- identified that there are trees to be retained in a Stage or Phase or ment/Tree that require further study, the SUBDIVIDER shall submit a Tree Preservation Preservation/Enhancement Plan for the same to the CITY’S Director Enhance-of Planning in accordance with the CITY’S Tree Management Policy ment Plan for the following Lots or Blocks within the Stage or Phase: i) those which are subject to site plan approval under Section 41 of The Planning Act; ii) corner Lots where site service locations and building type have not been predetermined; iii) interior Lots having street frontage greater than 13.7 metres; iv) those where buildings or structures are proposed to be located deeper on the Lots than as approved on the Detailed Vegetation Plan; and v) those on which the revised grading will have an adverse effect on the vegetation which is to be saved, as determined by the CITY’S Director of Planning and as shown on the Detailed Vegetation Plan. b) The SUBDIVIDER shall implement all measures for the protection of trees to be retained as approved in the Tree Preservation/Enhancement Plan and to provide written certification from the SUBDIVIDER’S Environmental Consultant to the CITY’S Director of Planning that all protection measures have been implemented and inspected in accordance with the CITY’S Tree Management Policy. Temporary 4.12 The SUBDIVIDER agrees: Access Roads a) to construct any required temporary access or temporary emergency access roads in the locations shown on the subdivision plan for the Stage or Phase to the satisfaction of the CITY’S Director of Engineering Services in consultation with the Director of Transportation Services at the cost of the SUBDIVIDER. The SUBDIVIDER hereby grants irrevocable licences to the CITY for access purposes on the lands on which such roads will be located, which the CITY will release when such roads are no longer required as determined by the CITY’S Director of Engineering Services; and b) that the temporary access or temporary emergency access roads shall remain in place until a second permanent access to the lands being serviced by such temporary access or emergency access is available. No building permits shall be issued for any Lots or Blocks subject to the foregoing licencees until the temporary access or emergency access roads on such Lot or individual parcel of land are no longer required, as determined by the CITY’S Director of Engineering Services, and are removed by the SUBDIVIDER to the satisfaction of the CITY’S Director of Engineering Services. Planting 4.13a) The SUBDIVIDER shall obtain approval of plans/drawings from the Strips CITY’S Director of Planning for any lots/blocks abutting a Regional Road, showing a planting strip having a minimum width of 4.6 metres and a 1.8 metre high chain link fence. Such planting strip shall be developed at the SUBDIVIDER’S cost in accordance with the approved plans; b) Such planting strip shall be installed within the affected lots/blocks prior to the transfer of title of such lots/blocks to the first time occupants, or in the event of winter conditions shall be installed by 3 - 22 20 June 1, immediately following such transfer of title; c) The SUBDIVIDER agrees to attach the approved planting plan to all agreements of purchase and sale of lots/blocks in which the required planting strip has not been installed due to winter conditions; and , d) Further, if a physical noise attenuation barrier is required the installation of such barrier shall substitute for the planting strip and fence. Traffic Signs- 4.14 The SUBDIVIDER shall install temporary street name and emergency Emergency access signs in each Phase or Stage of the subdivision at the cost of Response SUBDIVIDER to the satisfaction of the CITY’S Director of Engineering Services in consultation with the CITY’S Fire Chief and the Director of Transportation Services. Such signs shall indicate that such roads are not assumed by the CITY and are used at one’s own risk. Temporary 4.15 The SUBDIVIDER agrees: Turning Circles a) to construct any required temporary turning circles in the locations shown on lands within the plan of Subdivision to the satisfaction of the CITY’S Director of Engineering Services in accordance with the requirements set out in the CITY’S Development Manual at the cost of the SUBDIVIDER. The SUBDIVIDER hereby grants irrevocable licences to the CITY for the lands on which such temporary turning circles will be located, which the CITY will release when such temporary turning circles are no longer required as determined by the CITY’S Director of Engineering Services; b) The SUBDIVIDER acknowledges in writing and hereby agrees that any required temporary turning circles required by the CITY’S Director of Engineering to facilitate the construction of any portion of any road, must be fully within the limits of the plan of subdivision. Multi-Use4.16 The SUBDIVIDER shall install the granular base of all multi-use Pathway pathways/pedestrian trails shown on the area grading, erosion and Pedestrian siltation control plan to the satisfaction of the CITY’S Director of Trail-Base Operations. 4.17 The Subdivider agrees to provide any easement(s) to the CITY, for Grant the purpose of providing servicing to adjacent lands, if necessary, to Easements the satisfaction of the CITY’S Director of Engineering Services, in for servicing consultation with the consulting engineer for the SUBDIVIDER. The Adjacent appropriate easement(s) shall be granted to the CITY, immediately Lands upon the CITY’s request, and upon registration of the appropriate stage within the plan of subdivision, the CITY agrees to quit claim the easement(s) when appropriate. PART 5 PRIOR TO RELEASE OF THE AGREEMENT Prior to the release of the Agreement from the title of any lot , the SUBDIVIDER agrees to fulfill each of the conditions which follow: Final Grading 5.1 a) Prior to issuance of occupancy of the building and in accordance with Consentthe current building by-law, the SUBDIVIDER shall submit to the Certificate CITY’S Director of Engineering Services in consultation with the Chief Building Official, a Final Grading Control Certificate prepared by the CITY’S consulting engineer which shall evidence that the final grading of the lot conforms to the Lot Grading Control Plan within reasonable tolerances, and that as so graded, the lot will provide for surface drainage in accordance with proper engineering practices. 3 - 23 21 Failure to so provide the certificate within the timeline stipulated from occupancy of a building may result in the CITY’S Chief Building Official taking whatever action he or she deems necessary to obtain such certificate at the cost of the SUBDIVIDER. Receipt of the Final Grading Control Certificate from the CITY does not absolve the SUBDIVIDER from their obligations as set out in Section 3.3 b) Within six months of the issuance of an occupancy permit for the building within each lot, the SUBDIVIDER shall submit to the CITY’S Director of Operations a certificate prepared by the SUBDIVIDER’SEngineer which certifies that the final topsoil installation, compaction and grading of the lot meets the requirements of the Development Manual. c) Notwithstanding the sale of any land within the Plan, the SUBDIVIDER shall remain responsible for completing the final grading in accordance with the approved Lot Grading Control Plan, reserves the right of entry to enter on such land to complete any necessary excavation, filling, compaction, grading or regrading. d) When the CITY’S Chief Building Official has received a certificate from the CITY’S consulting engineer with respect to a particular lot or block, the CITY’S Chief Building Official may, upon an application, grant a certificate to confirm whether the lot or block is graded in accordance with Section 2.15 and 4.5 Once the Grading Certificate is issued by the CITY’S Chief Building Official, and the SUBDIVIDER’S consulting Engineer has certified the installation and compaction of the topsoil to meet the Development Manual requirements, the SUBDIVIDER is deemed to have met the obligations set out in Section 1.14. Final 5.2 The SUBDIVIDER acknowledges that upon satisfactory completion Release of all works and services in the affected stage or phase of the subdivision, completion of any remedial or maintenance work required and payment of all CITY accounts, the CITY may give a release on behalf of itself and HYDRO on the Plan or lots and blocks thereof, which release shall not, however, serve to release the Section 5.1 and other grading and restrictive covenant sections. HYDRO hereby constitutes and appoints the CITY its true and lawful attorney for the purpose of executing and granting the said releases. PART 6 OTHER TIME FRAMES The SUBDIVIDER agrees to fulfill each of the conditions which follow: Reserves 6.1 The SUBDIVIDER shall terminate all dead ends and open sides of road allowances abutting lands outside the plan with 0.3 metre reserves to be shown on the final plan(s) of subdivision for registration and conveyed to the CITY, in fee simple, without cost and free from encumbrances. The CITY shall be responsible for passing a by-law opening said reserves as public highway upon written request of the SUBDIVIDER and following the registration of adjacent plans, the completion of the road works and the opening of the road to vehicular traffic, to the satisfaction of the CITY’S Director of Engineering Services. Traffic Signs 6.2 The SUBDIVIDER shall pay for the cost for the installation by the City of permanent street name signs, emergency access signs and traffic control signs/devices in the subdivision prior to the placement of the first course of asphalt on a road, all at the cost of SUBDIVIDER, to the satisfaction of the CITY’S Director of Engineering Services in consultation with the Director of Transportation Services. The SUBDIVIDER shall provide a Letter of Credit for the cost of these 3 - 24 22 signs and their installation to be paid to the City of Kitchener at time of issuance of building permits. At such time as the permanent signs are installed, the SUBDIVIDER shall remove, at its cost, the temporary signs referred to in Section 4.14. Monu- 6.3 The SUBDIVIDER will cause all necessary survey work to be done mentation and all necessary survey stakes to be provided at its expense as and Certificationwhen required by the CITY’S Director of Engineering Services. Any standard iron bars, concrete monuments or monumentation of higher standards which are disturbed in the course of servicing or building shall be restored by and at the expense of the SUBDIVIDER. A certificate from an Ontario Land Surveyor or other evidence satisfactory to the CITY Solicitor shall be provided on a street by street basis, prior to the release of performance securities for this item to the SUBDIVIDER. Surveyor’s 6.4 The SUBDIVIDER shall submit to the CITY’S Chief Building Official a Certificate Surveyor’s Certificate (Foundation Certificate) prepared by an Ontario Land Surveyor or professional engineer or certified engineering technologist confirming that the elevation of the top of the constructed foundation wall(s), conforms, plus or minus six (6) inches, to the elevation shown on the site plan. The SUBDIVIDER agrees that no further construction of the building beyond the foundation will proceed until the Surveyor’s Certificate has been received by the CITY’S Chief Building Official. Tree 6.5a) Where a tree designated to be saved suffers minor damage due to Management- construction, the SUBDIVIDER shall implement remedial measures Implement- such as trimming, dressing, or bark doctoring at its cost and as Ation/ directed by its Environmental Consultant who prepared the approved Remediation Detailed Vegetation and Tree Preservation/Enhancement Plan (if applicable). b) Where a tree designated to be saved suffers major irreparable damage or is judged to be unsafe in the opinion of the SUBDIVIDER’S Environmental Consultant or the CITY’S Director of Planning, the SUBDIVIDER shall remove and replace, at its cost, each such tree with one at least of equal value based on the tree value formula as set out in “Guide for Plant Appraisal” of the International Society of Arboriculture, Latest Edition. c) Tree replacements shall be located on the same lot or block as the tree requiring removal or at a location requiring enhancement within the subdivision. d) Furthermore, such remedial measures or tree replacements shall be approved and implemented to the satisfaction of the CITY’S Director of Planning, prior to occupancy of the unit(s) where the damaged tree is located or, due to weather conditions, by the next planting season. Multi- Use 6.6 The SUBDIVIDER shall, where required, construct the asphalt surface Pathway/ of multi-use pathway pedestrian trails shown on the area grading, Pedestrianerosion and siltation control plan to the satisfaction of the CITY’S Trail Director of Operations no later than when the final course of asphalt is installed in the relevant phase/stage. Subdivision6.7 The SUBDIVIDER agrees to maintain, to the satisfaction of the CITY’S Sign Director of Planning, the subdivision billboard signs in approved Installation locations in conformity with the Sign By-law or subsequently approved and Removal locations and on lands under its title or under the title of its heirs, 3 - 25 23 successors, or assigns, until ninety percent of the building permits for the subdivision have been issued or at such time as directed by the CITY’S Director of Planning. Stormwater 6.8 The SUBDIVIDER shall install all landscaping of stormwater Management management areas above the 5 year storm level in accordance with Landscaping the approved plan, during the first planting season after occupancy of the first unit. The remainder of the planting shall commence at such time as required by the CITY’S Director of Operations. Stormwater 6.9 The SUBDIVIDER agrees to erect, at the public access point(s) to Management stormwater management facilities, one or more information signs Information detailing the purpose of the storm water management pond, at the Sign commencement of installation of landscaping as set out in Section 6.8 above. The information sign shall also include the telephone number of the contact person for further information and be subject to the approval of the CITY’S Director of Operations. Park/Multi- 6.10 The SUBDIVIDER shall complete the construction of all parks and Use Pathway multi-use pathways located within the associated Stage, within one Construction year of registration or servicing whichever shall occur first, to the and Warranty satisfaction of the CITY’S Director of Operations in consultation with the CITY’S Director of Engineering Services in accordance with the approved detail design drawings and development budget as detailed in clause 3.17, approved engineering drawings and the CITY’s Development Manual. The SUBDIVIDER shall install at their cost the grading of the multi-use pathways, granular base courses, and surfacing, park grading, topsoiling, seeding, and sodding. Park landscape planting, seating, play structures, signage, and other park features included in the approved budget shall be installed by the SUBDIVIDER and shall be reimbursed to the SUBDIVIDER in accordance with the CITY’S Credit For Service Policy. The SUBDIVIDER shall undertake all aspects of tendering and constructing the approved works. The SUBDIVIDER shall warrant and guarantee all parks and multi-use pathway construction, including plant material warranty, against all defects of material and workmanship, and maintenance including watering for a period of 24 months from acceptance of the works. Within six months of issuance of the occupancy permit, the SUBDIVIDER shall complete all street tree soil habitat within the private lot and adjacent road allowance to meet the requirements of the City’s Development Manual. Street tree planting shall be completed within one year of issuance of the occupancy permit. Priority Lots 6.11 The SUBDIVIDER agrees that no building permit shall be applied for or issued for the following Priority Lots unless the building Design Guidelines for designs are in accordance with the approved Priority Lots to the satisfaction of the CITY’S Chief Building Official, in consultation with the CITY’S Director of Planning: a) Corner (C) Priority Lots, being Corner Lots ___ on Blocks__ (Stage __) . b)Terminating Vista (T) Priority Lots, being Blocks ___ (Stage ___), c)Gateway (G) Priority Lots, being Blocks ____ d)Heritage Area (HA) Priority Lots, being lots ___ on Blocks _____ 3 - 26 24 Fencing ESPA’s /Public areas 6.12 Prior to occupancy of the first unit, the SUBDIVIDER shall install permanent 1.5 metre high, chain link fencing and/or an alternate marking system which meets the fencing specifications of the Development Manual to the satisfaction of the CITY’S Director of Operations along the perimeter of all lots and blocks abutting publicly owned open space, stormwater management areas or Environmentally Sensitive Policy Areas where required by the CITY. The City of Kitchener standard property boundary markers will be required along the perimeter of park and open space blocks where fencing is not required. Purchase/ Sale notice to Home buyers 6.13 The SUBDIVIDER agrees to include a clause in Agreements of Purchase and Sale with home buyers, or in Agreement of Purchase and Sale with builders that will require the builders to include a statement in all Agreements of Purchase and Sale and/or Rental Agreements with home buyers, that: a) Identify the presence of water pressure reduction devices, where applicable, and advises that these not be removed by the owner/ occupant; b) Advise that there may be of lot level infiltration galleries present and the requirement to maintain such facilities (as applicable). Further, occupants/owners shall be notified in the agreement of the exact location, size and intent of the infiltration galleries. The wording of the statement shall be to the satisfaction of the CITY’s Director of Engineering Services. c) Advise that due to the sensitive nature of groundwater and the proximity of GUDI wells in this area, the installation of geothermal wells may be prohibited. Sidewalks 6.14 The SUBDIVIDER acknowledges that sidewalks are required to be constructed on both sides of all streets within the subdivision in accordance with the CITY’S Sidewalk Location Policies. 3 - 27 25 The Party(ies) of the Fourth Part join herein to consent hereto and to bind their interest in the lands hereto. The SUBDIVIDER, HYDRO and the PARTY(IES) OF THE FOURTH PART hereby authorize and direct the CITY and its solicitor to register electronically notice of this Agreement on title to the lands described in the First Schedule hereto. This Agreement shall enure to the benefit of and be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the SUBDIVIDER, HYDRO and the PARTY(IES) OF THE FOURTH PART have hereunto affixed their respective corporate seals under the hands of their duly authorized officers in that behalf or set their hands and seals, and the CITY has hereunto affixed its corporate seal under the hands of its Mayor and Clerk. SIGNED SEALED & DELIVERED ) ) ) ) ___________________________________ ) Print Name & Title ) ) ___________________________________ ) Print Name & Title ) ) ) THE CORPORATION OF THE CITY ) OF KITCHENER ) ) ) ___________________________________ ) Carl Zehr, Mayor ) ) ___________________________________ ) Christine Tarling, Clerk ) ) ) KITCHENER-WILMOT HYDRO INC. ) ) ) __________________________________ ) Name & Title ) ) ) __________________________________ ) Name & Title ) 3 - 28 26 ) ) ___________________________________ ) ) ) ___________________________________ FIRST SCHEDULE Registrable description of the lands 3 - 29 27 SECOND SCHEDULE Subdivision Plan 3 - 30