Page 5 of 35 File: 39T-xxxxx ATTACHMENT 1: ENVIRONMENTAL & ENGINEERING SERVICES DEPARTMENT (EESD) PROVISIONS FOR THE STONEY CREEK FLOOD CONTROL FACILITY SUBDIVISION AGREEMENT: THIS AGREEMENT made this . _. th day of . ... .., 2006. BETWEEN: THE CORPORATION OF THE CITY OF LONDON (hereinafter called the “City“) OF THE FIRST PART AND ZEBRO HOLDINGS INC., a Company incorporated Under the laws of the Province of Ontario (hereinafter called the “Owner”) WHEREAS the owner represents it is seized of the lands in the City of London, County of Middlesex as more particularly described in Schedule “ A attached hereto, and desires to obtain approval of a plan of subdivision for those lands: AND WHEREAS the Owner has applied for an approval of a plan of subdivision for the lands described in Schedule ‘‘A’’ and such approval would be prematureand not in the public interest unless certain services including a regional flood control facility were constructed by the owner and operational; AND WHEREAS the Approval Authority has required as a condition precedentto granting of approval ofthe plan of subdivision that the subdivider enter into this Agreement; AND WHEREAS the Stoney Creek Regional Flood Control Facility located in line with Stoney Creek (hereinafter called “the SWM facility”)was recommendedin the Stoney Creek Master Drainage Plan and in the completed Schedule C MunicipalClass Environmental Assessment Stoney Creek Flood Control Facility Study, September 2001 to be constructed on the Williamson propertywiththe flooding limits extending onto the Drewlo and 700531 Ontario Inc. properties and remediation works within the Zebro Holdings Inc. property and will benefit all development in the Stoney Creek Community Planning Area, including the Owner: AND WHEREAS the Owner agrees to ensure that all lands external to his plan required for the SWM facility, generally described as “Existing and Additional FloodplainAreas” in Schedule “C” and illustratedin Schedule “D” of this agreement are conveyed to the City of London and to undertake the construction of the SWM facility as outlined in this agreement; AND WHEREAS constructionof the SWM Facility requires construction of a portionof Stackhouse Avenue to provide access to the SWM Facility, and the Owner has agreed to undertake construction of that portion of Stackhouse Avenue as outlined in this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of good and valuable consideration now paid by the City to the Owner, (the sufficiency of which the Owner hereby
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Page 5 of 35 File: 39T-xxxxx
ATTACHMENT 1:
ENVIRONMENTAL & ENGINEERING SERVICES DEPARTMENT (EESD) PROVISIONS FOR THE STONEY CREEK FLOOD CONTROL FACILITY SUBDIVISION AGREEMENT:
THIS AGREEMENT made this . _. th day of . ... .., 2006.
BETWEEN:
THE CORPORATION OF THE CITY OF LONDON (hereinafter called the “City“)
OF THE FIRST PART
AND ZEBRO HOLDINGS INC., a Company incorporated Under the laws of the Province of Ontario (hereinafter called the “Owner”)
WHEREAS the owner represents it is seized of the lands in the City of London, County of Middlesex as
more particularly described in Schedule “ A attached hereto, and desires to obtain approval of a plan of
subdivision for those lands:
AND WHEREAS the Owner has applied for an approval of a plan of subdivision for the lands described in
Schedule ‘‘A’’ and such approval would be premature and not in the public interest unless certain services
including a regional flood control facility were constructed by the owner and operational;
AND WHEREAS the Approval Authority has required as a condition precedent to granting of approval ofthe
plan of subdivision that the subdivider enter into this Agreement;
AND WHEREAS the Stoney Creek Regional Flood Control Facility located in line with Stoney Creek
(hereinafter called “the SWM facility”) was recommended in the Stoney Creek Master Drainage Plan and in
the completed Schedule C Municipal Class Environmental Assessment Stoney Creek Flood Control Facility
Study, September 2001 to be constructed on the Williamson propertywith the flooding limits extending onto
the Drewlo and 700531 Ontario Inc. properties and remediation works within the Zebro Holdings Inc.
property and will benefit all development in the Stoney Creek Community Planning Area, including the
Owner:
AND WHEREAS the Owner agrees to ensure that all lands external to his plan required for the SWM
facility, generally described as “Existing and Additional Floodplain Areas” in Schedule “C” and illustrated in
Schedule “D” of this agreement are conveyed to the City of London and to undertake the construction of
the SWM facility as outlined in this agreement;
AND WHEREAS construction of the SWM Facility requires construction of a portion of Stackhouse Avenue
to provide access to the SWM Facility, and the Owner has agreed to undertake construction of that portion
of Stackhouse Avenue as outlined in this Agreement;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of good
and valuable consideration now paid by the City to the Owner, (the sufficiency of which the Owner hereby
Page 6 of 35 File: 39T-xxxxx
acknowledges) the City and the Owner covenant, agree and provide with each other that the Ownershall do
and perform at no expense to the City (unless otherwise expressly provided herein) the following matters
and things:
1. DEFINITIONS
The words and phrases defined in this paragraph shall for all purposes of this agreement and
of any subsequent agreement supplemental hereto have the meanings herein specified unless the context
expressly or by necessaty implication othetwise requires.
“Approval Authority”, shall mean that person, who for the time being, is delegated by Council for the City of London, the Authority to approve Plans of Subdivision.
“City Engineer” or “Engineer” shall mean that person who, for the time being, is employed by the City as its Engineer or Acting Engineer.
The term “Professional Engineer“ or ”engineer“ shall mean a licensed Professional Engineer who, holds a current certificate of authorization issued by the Association of Professional Engineers of Ontario or, is employed by a partnership or corporation authorized by the Association to offer Professional Engineering services to the public.
“This project“ shall mean the construction of the Stoney Creek Regional Flood Control Facility as annexed to this agreement and described in Section 8 and 9 of this agreement.
“This plan” shall mean the draft plan of subdivision annexed to this agreement and described in Schedule “A”.
PART I - LAND CONVEYANCE
2. LANDS FOR STORMWATER MANAGEMENT WORKS
Construction of the SWM Facility is a requirement offurtherdevelopmentwithin this plan and
requires lands external to this plan be conveyed to the City prior to initiating construction. The landowner@)
of lands required for the SWM Facility, described in Schedule “C” and illustrated in Schedule “DI” of this
agreement as the “Existing and Additional Floodplain Areas”, include Drewlo Holdings Inc., Ken Williamson
Homes Limited, and 700531 Ontario Inc. Following execution of the agreement and prior to the Owner
awarding the contract for this project, the Owner shall convey the land required for the SWM facility and
floodway as per the survey plans to the City free and clear of all encumbrances, all at no cost to the City. If
the final accepted land requirement for the SWM facility exceeds the total area described in Schedule “C” and “DI” by greater than 15%, the owner will cooperate and apply to amend the agreement.
3. LANDS FOR ROADWORKS
Construction of Stackhouse Avenue is required to provide access from Fanshawe Park Road
East to the SWM Facility. The Landowner(s) of lands required to construct this portion of Stackhouse
Avenue, described in Schedule “C” and illustrated in Schedule “D2” of this agreement, include Drewlo
Holdings Inc. and Ken Williamson Homes. The Owner shall convey the land required for this portion of
Stackhouse Avenue as per the survey plans to the City free and clear of all encumbrances, following
execution of the agreement and prior to the Owner awarding the contract for this project. The conveyance
of lands to the City of London as required for Stackhouse Avenue will be at no cost to the City and land
costs for the roadway are not eligible to be claimed from the UWRF excepting roadworks directly associated
with the SWM facility and located within the footprint of the SWM facility and bridgeworks.
Page 7 of 35 File: 39T-xxxxx
4. EASEMENTS
The Owner shall grant to the City easements which may be required for any works related to this project,
free of all.encumbrances, whenever the said works are on private property and external to the lands to be
conveyed to the City, all as described in Schedule "F" hereto, in accordance with the City's standard
easement agreement form and satisfactory to the City Engineer. Such grants shall be at the expense of the
Owner, and in a form approved by the City Solicitor, and further provided that until such time as the
foregoing works and services have been assumed by the City, the Owner shall for the purpose of minimizing
or eliminating danger of damages or inconvenience including personal injury, death or damage to property,
direct all or certain construction vehicles or equipment associated with the construction of this subdivision
along such streets specified in Section 10 (IO) herein and to the satisfaction of the City Engineer.
5. LANDS FOR MUNICIPAL PURPOSES
The Owner shall, at its expense, convey by deed in statutoryform, for nominal consideration,
absolutely unto the City, in fee simple, free and clear of any encumbrance whatsoever and without
condition, those lands more particularly described in Schedule "C" hereto. Upon being conveyed to the
City, the Owner shall at its sole risk and expense clear the said lands of all debris and trash leaving the
same in a state satisfactory to the City Engineer. Upon such conveyance, the Owner shall cease to have
any right, title, claim or obligation in respect of such lands, except as hereinafter provided. Any use of the
said lands by the Owner shall be upon the consent of the City Engineer and subject to any condition he
might impose in his sole discretion.
With respect to any lands being transferred to the City as easements or dedications, the
Owner shall be responsible to ensure that there is no existing fill, contamination or water wells on the
subject lands. In the event that existing fill, contamination or non-decommissioned well(s) are encountered
on the subject lands, the Owner shall remediate the fill or contamination, and/ordecommission anywells, all
to the satisfaction of the City Engineer and at no cost to the City.
6. REGISTRATION OF AGREEMENT
The Owner shall register this agreement upon the title to the lands within the plan, and
agrees that all solicitors' fees and disbursements in any way arising out of this agreement, including the
preparation thereof and of other deeds, conveyances, registrations and agreements will be at no cost to the
City.
7. PAYMENT OF RATES, TAXES AND LEVIES
The Owner shall pay any outstanding local improvement charges and/or any other municipal
charges on the lands to be conveyed to the City under this agreement shall be paid, by commutation, and
any arrears of taxes on the said lands shall be paid prior to the registration of any future phases of this plan
of subdivision.
PART I1 - CONSTRUCTION
a. SWM FACILITY CONSTRUCTION
a) This project shall include the following:
(i) all necessary earthworks;
(ii) flood control culvert complete with benched ledges to serve potential animal
Page 8 of 35 File: 39T-xxxxx
crossings: structure at upstream end of the flood control culvert and rip rap
erosion protection at the downstream end;
downstream realignment of Stoney Creek complete with restoration works and
riparian landscaping:
completion of roadworks on Stackhouse Avenue within the SWM facility footprint to the midpoint of Granular "B;
Completion of remaining roadworks on Stackhouse Avenue within the SWM
facility footprint to final asphalt as per Condition 8; and
installation of a storm drainage,
(iii)
(iv)
(v)
(vi) all in accordance with the detailed design drawings acceptable to the City Engineer.
b) The Owner shall construct the proposed SWM Facility and all storm/drainage and SWM works for this project to the satisfaction of the City Engineer and in compliance with
the following:
The SWM targets and criteria for the Stoney Creek Subwatershed Study
The Stoney Creek Flood Control Facility Schedule C Municipal Class
Environmental Assessment, September 2001 ; The accepted Functional Stormwater Management Plan:
The City's Drainage By-Law and Lot grading standards, policies, requirements
and practices:
The Ministry of the Environment's SWM Practices Planning and Design
Manual (2003); and
Applicable Acts, Policies, Guidelines, Standards and Requirements of the City,
the MOE and all other relevant agencies.
(vii)
( v i )
(1 995);
(ix)
(x)
(xi)
(xii)
9. STACKHOUSE AVENUE CONSTRUCTION
The claimable portion of roadworks constructed in the section of Stackhouse Avenue that
crosses the SWM Facility shall be inclusive up to the midpoint of Granular " B and constructed as part of
this project. Municipal storm, sanitary and water services required in this portion of the road are to be
completed as part of this project but are not claimable unless eligible in accordance with the current UWRF
rules and By-law. The remaining surface roadworks for this section of Stackhouse Avenue are to be
completed as part of this project at the Owners expense and will not be claimable from the UWRF.
Construction of the section of Stackhouse Avenue from Fanshawe Park Road East to the southern limit of
the SWM facility is to be constructed as part of this project. This section of Stackhouse Avenue is to be
constructed to a rural cross-section, provision of a new access driveway to Municipal Number I150
Fanshawe Park Road East and relocation of the private signage for 1150 Fanshawe Park Road East. The
cost for constructing this section of Stackhouse Avenue will be at the Owner's expense and will not be
claimable from the UWRF.
No further subdivision agreements will be registered within this plan until the Certificate of Conditional
Approval has been issued for the full Stackhouse Avenue transportation link to base asphalt from Fanshawe
Park Road East to Grenfell Drive.
I O . STANDARD OF WORK
Page 9 of 35 File: 39T-xxxxx
All works and services shall be constructed in the standard location in accordance with the
latest revised drawing entitled, "Standard Utility Location for All Residential Streets - Utilities Co-ordinating
Committee, City of London". Should a variation from the standard location be necessary that is in conflict
with the standard location of another utility, this variation must be to the satisfaction of the City Engineer.
Plans and specifications for all works and services herein required to be done by the Owner
shall be first submitted to the City Engineer in a form satisfactory to him and such work shall not be
commenced until the City Engineer has received such plans and specifications and has expressly
authorized such work to commence. All works and services shall be constructed and installed strictly in
accordance with the said plans and specifications, all to the satisfaction of the City Engineer. The Owner
shall construct all services and provide other requirements which will be known only after the details of the
engineering design are submitted to the City. The City Engineer may require, in writing, such variance from
such plans and specifications as may be required by conditions which may be disclosed as the work
progresses, and by sound engineering practice. The works and services required to be done bythe Owner
shall be wholly at the expense of the Owner except as may be otherwise herein expressly provided, and
shall include the items set forth in Section 8 and 9 hereto in addition to the following:
The Owner shall notify its Professional Engineer in the event that any existing sewer or drain
is encountered during the progress of construction. The Owner further agrees to have its
Professional Engineer investigate the matter and the Owner shall comply with the
recommendations of its Professional Engineer as approved by the City Engineer's
Department with respect to the sewer or drain encountered, such as connecting the existing
sewer to a new sewer being constructed or into another existing sewer, at no cost to the
City. Adequate sewer easements are to be provided to the City if necessary.
The Owner shall also ensure that there is no interruption to any subsurface drainage flow
because of construction on the site which would have an adverse effect on neighbouring
properties. Should such an interruption occur, the Owner shall carry out any necessary
remedial work to correct the problem as recommended by its Professional Engineer and to
the satisfaction of the City Engineer, at no cost to the City.
All asphalt surfaced roadways to be constructed on streets within the project limits as
specified in Section 7 and 8 shall be laid in at such times as may be allowed by the City
Engineer in writing.
These lands shall not be graded except in general conformitywith the grades and elevations
shown on the accepted grading plan to be submitted all to the satisfaction of the City
Engineer. Park drainage and grading plans shall be submitted to the General Manager of
Planning and Development, Planning Department for approval at the same time as the
servicing drawings are submitted to the City Engineer.
The Owner shall ensure that the existing property line grades abutting developed lands are
not altered or disturbed, except as approved otherwise by the City Engineer. A separate site
alteration agreement is required to cover any grading or storage outside the limits of this
plan and the lands to be conveyed to the City. The Owner is required to obtain a letter of
authorization from the Owner(s) of the lands within Draft Approved Plan of Subdivision 39T-
Page 10 of 35 File: 39T-xxxxx
99520 for the purpose of consent to undertake surface stripping, grading, stockpiling and the
establishment of sediment and control measures.
The Owner shall construct silt fences or other facilities as required during construction to
control overland flows from these works to ensure that mud, silt, construction debris, etc.
does not adversely affect abutting properties, all to the specifications of the City Engineer.
(5) No fill material will be exported from the site, and deposited in any area susceptible to
flooding under regional storm conditions as regulated by the Conservation Authorities Act of
Ontario.
(6) The Owner shall have a report prepared by a qualified geotechnical engineer, prior to the construction of utilities and roads and prior to the issuance of a Certificate of Conditional
Approval for this project, delineating all the areas where fill has or will be placed and making
recommendations pertaining to the placement of controlled fill and the construction of
utilities, roadways, thereon to ensure the satisfactory construction thereof. The Owner shall
adhere to the geotechnical engineer's recommendations under the full time supervision of a
geotechnical engineer. The Owner shall provide a geotechnical engineer's certification to the
City upon completion of the removal andlor filling that the works were carried out in
accordance with the geotechnical engineer's recommendations.
(7) If, during constructing of works and services within this project, any deposits of organic
materials or refuse are encountered, these deposits must be reported to the City
EngineerKhief Building Official immediately, and if required by the City EngineerlChief
Building Official, the Ownerwill, at his expense, retain a Professional Engineer competent in
the field of methane gas to investigate these deposits and to submit a full report on them to
the City EngineerlChief Building Official. Should the report indicate the presence of
methane gas then all of the recommendations of the engineer contained in any such report
submitted to the City EngineerKhief Building Official shall be implemented and carried out
under the supervision of the Professional Engineer, to the satisfaction of the City
EngineedChief Building Official and at the expense of the Owner, before any construction
progresses in such an instance. The report shall include provision for an ongoing methane
gas monitoring program, if required, subject to the approval of the City Engineer for review
for the duration of the approved program.
(8) Prior to the issuance of a Certificate of Conditional Approval, the Owner shall have its
Professional Engineer carry out the following to the satisfaction of the City Engineer and at
no cost to the City in order to verify that no deficiencies exist in the following works
constructed to serve this plan:
(a) the SWM Facility
(i) provide a qualified engineer's certification that the completed berm and dam
structure components of the SWM facilityare constructed in accordance with
the Ontario Dam Safety Guidelines.
(ii) Provide photo/video documentation of the facility of the construction of
Page 11 of 35 File: 39T-xxxxx
structural aspects of the SWM facility.
(b) roadworks
(i) ensure that all physical services as inspected by City inspectors are
constructed, inspected and cleared without deficiencies, including the
submission of any necessary video inspections.
(c) storm sewers
(i) Provide a copy of the video inspection of all storm and sanitary sewer
systems constructed to serve this plan in a format acceptable to the City
Engineer. The video is to be checked in advance by the Professional
Engineer to identify the deficiencies, with an explanation of how the
deficiencies were corrected; and
(ii) Conduct deflection testing by pulling a suitable mandrel through the pipe not
sooner than 30 days after the completion of backfilling, all in accordance with
Ontario Provincial Standard Specifications; and
(iii) If PVC pipe is used in the construction of sewers for this plan, the Owner
shall provide to the Citya current certificate from the PVC pipe manufacturer
as to the pipe used and verifying that the pipe meets the required pipe
design specifications.
(9) The plan submitted for registration purposes must be referenced to the control network for
the City of London Ontario Basic Mapping (U.T.M. grid) program, and the Owner shall obtain
the approval of the Chief Surveyor for the reference method used, and the submission of the
plan in digital format.
(1 0) The Owner shall direct construction traffic associated with this project to access the site via
the new Stackhouse Avenue access road to be constructed from Fanshawe Park Road East
to the SWM facility. Periodic access from the north side of the facility may be required and is
to be minimized.
(1 1) The Owner shall install all landscaping, as shown on the landscape plans to be submitted
and approved by the Parks Planning and Design Section, and have his landscape architect
(OALA) provide a "Certificate of Landscape Installation" to the Parks Planning & Design
Section, within one year of the Professional Engineer certifying substantial completion of this
project. A "Landscape Inspection Report" shall be prepared at the end of the first complete
growing season following certification of landscaping installation, and shall also be submitted
to the Parks Planning & Design Section.
11. TRANSPORTATION MANAGEMENT PLAN
The following transportation management provisions shall be met for all work on Fanshawe
Park Road East, if required.
, I.
Page 12 of 35 File: 3QT-xxxxx
Where the Owner is required to close any City of London road section the Ownershall have
available for submission to the City a Traffic Protection Plan acceptable to the City Engineer (or hidher
designate), a schedule of construction for any works proposed on City streets and a detail of the proposed
timing and duration of the said works; in accordance with the Ministry of Labour and Ministry of
Transportation requirements within the Ontario Traffic Manual Book 7. Further, the Owner shall obtain a
Permit for Approved Works from the City’s Environmental & Engineering Services Department prior to
commencing any construction.
The Owner shall establish and maintain a Traffic Management Plan (TMP) intended to harmonize a
construction project‘s physical requirements with the operational requirements of the City, the transportation
needs of the travelling public and access concerns of area property Owners in conformity with City
guidelines and to the satisfaction of the City Engineer for any construction activity that will occur on existing
public roadways required in conjunction with this project. The Owner’s contractor(s) shall undertake the
work within the prescribed operational constraints of the TMP. The TMP shall be submitted by the Ownerat
the time of submission of construction drawings for this project, and shall become a requirement of the said
drawings.
12. IDENTIFICATION SIGNS
The Owner shall:
(a) erect, or cause to be erected, at its entire expense, project identification signs in accordance with the standard “Specifications for Subdivision Identification Signs” of The Corporation
of the City of London as they apply to this project or as specified by the City Engineer. The Owner
shall be responsible for obtaining the information from the Planning and Development Department - Planning Division:
(b) maintain signs installed under this agreement at all times in a condition satisfactory to the City Engineer and ensure that signs are not removed until the subscribed warranty period has
expired.
13. DEWATERING AND WELLS
The Owner shall implement sufficient short-term measures, such as following proper
dewatering procedures, and long-term measures, in accordance with recommendations of its Professional
Engineer, prior to and during the regrading and construction of services and structures for this project, to
ensure that the existing hydrogeological regime within and adjacent to the project limits are not adversely
affected, all to the satisfaction of the City Engineer and at no cost to the City, In order to protect existing
vegetation and/or existing wells in the area of the project limits that may be dependent on the existing
groundwater conditions in and adjacent to the project limits.
The Owner shall decommission and permanently cap any abandoned wells located within the project limits, in accordance with current Provincial legislation, regulations and standards. It is the
responsibility of the Owner to determine if any abandoned wells exist within the project limits.
The Owner shall provide to the City a copy of the contractor’s “Well Abandonment Record” for each well that
is decommissioned, prior to the issuance of a Certificate of Conditional Approval for any works in this plan
or as otherwise acceptable to the City Engineer.
Page 13 of 35 File: 39T-xxxxx
14. SOILS CERTIFICATE
The Owner shall hire a qualified geotechnical engineering firm with proven experience in
stormwater management and road works to the satisfaction of the City Engineer, to check the construction
procedures, quality of materials and workmanship used and to give written verification that the proposed
design standards approved for the road works required under this agreement by the City Engineer have
been achieved. This testing will be carried out to the satisfaction of the City Engineer using periodic
inspection and testing of the road works and structural berming associated with the SWM facility and normal
engineering procedures to evaluate the adequacy of the construction. The Owner agrees that prior to
commencing this project he will hold a meeting with representatives of his contractor, geotechnical engineer
and Professional Engineer and establish and have approved the means of compacting backfill and
embankment material. The Owner is to have representatives of his geotechnical engineering firm and
subdivision design Professional Engineer on the site once construction has commenced. The approved
method or methods of compacting material will be tried and tested by the soils consultant to ensure that the
method or methods to be used meets design criteria. The soils consultantwill supply in writing descriptions
of the approved compaction method or methods and their best results to the contractor, Professional
Engineer and City Engineer within two days after the initial testing. Further testing is to be carried out as
outlined above. The written verification is to be supplied to the City Engineer prior to a request by the
Owner for the assumption of any works and is to cover all the roads contained in the request for
assumption.
The written verification shall be in the form set out in Schedule "H" attached hereto. Certification by a
qualified geotechnical engineer is to be 'provided prior to issuance of the certificate of conditional approval to
also be in the form as set out in Schedule "H".
15. EROSION AND SEDIMENT CONTROLS
The Owner shall have his Professional Engineer provide an enhanced Erosion and Sediment
Control (ESC) Plan to include but not be limited to the following, all to the satisfaction of the City Engineer:
a detailed plan for enhanced, heavy duty erosion control measures shall exceed the level of
protection recommended by the Guidelines on Erosion and Sediment Control for Urban
Construction Sites (May 1987);
a staging plan outlining the sequence of activities for all stages of site construction; and
include all detailed ESC Plan schematics, notes and staging plan on the detailed
construction drawings.
( i )
(ii)
(iii)
The Owner shall construct temporaly measures to control silt entering the storm drainage
system to the specifications outlined in the Guidelines on Erosion and Sediment Control for Urban
Construction Sites (May 1987) prepared by the Ministly of Natural Resources and the accepted enhanced
ESC plan. These measures are to be approved by the City Engineer and installed prior to commencing any
construction on this subdivision, and are to remain in place until construction as required under this
agreement has been completed to the specifications of the City Engineer.
The Owner shall ensure the intent of the ESC Plan is maintained and that erosion and sedimentation
potential is minimized until the development area has been stabilized by meeting the following requirements: The Contract Administrator shall inspect the erosion control works on all days when (i)
Page 14 of 35 File: 39T-xxxxx
construction is active;
In addition, the Contract Administrator shall inspect the erosion control works following
periods of excessive precipitation (Le. rainfall depths exceeding 15 millimeters);
Control measures that fail should be repaired immediately and an evaluation completed to
determine whether additional measures are required;
Failure of any erosion control works shall be immediately reported to the City of London.
Under the supervision of the City and the Contract Administrator, the Contractor will be
directed to remove any sediment that has encroached beyond the fencing that delineates
the construction site.
The Contract Administrator will document all inspection activity in a logbook, documenting
rainfall events, failures to ESC measures and repairs and any pumping that has occurred on
site; and
Prior to the removal of controls, the City and the Owner’s Professional Engineer should
conduct a joint inspection of the project area.
The Owner shall have its Professional Engineer certify to the City in the form as set out in
Schedule ‘J’ to this agreement, that the erosion and sediment control measures required under this
agreement were installed prior to any construction commencing on the site, where applicable, or were
installed immediately upon completion of construction of the works forwhich these control measures were
designed, where applicable, all as recommended by the Owner’s Professional Engineer and as specified on
the drawings accepted by the City Engineer for construction. Further, the Owner’s Professional Engineer’s
certification must confirm that the required erosion and sediment control measures were maintained and
operating as intended, in accordance with the Guidelines on Erosion and Sediment Control for Urban
Construction Sites (May 1987) during construction as required under this agreement.
16. WORK SCHEDULES
The Owner shall not commence any work or construction on any of the services required
under this agreement until the City Engineer has accepted the detailed engineering drawings for the
services or part thereof; and in the event that such engineering drawings lack requirements which, in the
opinion of the City Engineer, ought to have been included therein, the same shall be carried out by the
Owner as though they were included in and form a part of this agreement.
No work required under this agreement shall commence or, having commenced and
subsequently halted, deferred or suspended (except overnight or over a weekend) commence again without
written notification to the City Engineer.
The Owner may be required to provide and submit written work schedules for approval to the
City Engineer for any work required directly or indirectly by this subdivision agreement. All work for which a
schedule is required shall be carried out in accordance with the approved work schedules.
17. THE OPINION OF THE CITY ENGINEER
With respect to the construction, installation, repair and maintenance of any work or service
required herein to be done by the Owner, and as to whether or not any works or services, in whole or in part,
are being or have been constructed, installed, repaired or maintained strictly in accordance with the terms of
this agreement and, where applicable, with the specifications of the City Engineer, as hereby required, and
as to whether any breach or plans, specifications or requirements of the City Engineer has occurred or has
Page 15 of 35 File: 39T-xxxxx
been remedied, the decision of the City Engineer shall be final, conclusive and binding upon the owner
hereto and shall not be subject to review in any Court of Law or equity, or before any administrative or other
tribunal upon any ground whatsoever, other than upon the ground that the City Engineer has not acted in
good faith in forming or giving his decision, the proof of which shall be and remain upon the party seeking to
attack the decision of the City Engineer, and wherever in this agreement work or services are required to be
constructed, installed, repaired or maintained within a certain time or in a certain order or in a certain
manner, or in conformity with any plans, specifications or other terms, such requirement shall be
conclusively deemed to mean so constructed, installed, repaired or maintained as determined and as
required and approved by the City Engineer.
18. RIGHT OF INSPECTION AND DIRECTION
The City Engineer and other persons authorized by him for this purpose shall have the right
at any time, and from time to time, to enter upon any part of the lands upon which any work or service herein
required to be done is being, or has been, constructed, and to make such tests and inspections as he may
deem necessary or desirable and to call on and obtain any document, contract, plan, specification, record or
other writing or thing which, in his opinion is desirable for him to obtain in order to facilitate his inspection,
and to give direction to the Owner in any matter touching upon the due performance of the work and
services herein required to be done. The City Engineer may require that any or all work shall cease until
any breach of plans and specifications or his requirements (of which he shall be the sole judge) has been
remedied (other than the work required to be done to remedy such breach) and if he shall deem it
necessary to engage technical consultants to assist him in the performance of any inspection or
supervision, the expense of such technical consultants, if engaged, shall be a debt due to the City by the
Owner recoverable upon demand.
PART 111 - UWRF CLAIMS
19. CLAIMS UNDER THE UWRF
The Owner shall undertake the work at the Owner’s entire expense as a capital cost incurred
on behalf of the City and as authorized by the City Engineer subject to a claim under this section.
If the Owner alleges an entitlement to any reimbursement or payment from the Urban Works
Reserve Fund (the “Fund) either as a result of the terms hereof or pursuant to the requirements of City of
London By-law C.P.-1440-167 as amended (the “Development Charges By-law”), the Owner may, upon
receipt of a Certificate of Conditional Approval, make application to the said Fund for payment of the sum
alleged to be owing, as confirmed by the City Engineer, and the payment will be made pursuant to the by-
law and any policy established by Council to govern the administration of the said Fund.
It is further understood by the Owner that no words or phrases used in this Agreement
relating to the calculation of any credits due the Owner or entitlements from the Fund or elsewhere shall be
interpreted as an obligation or promise on the part of the City to pay from the said Fund except in conformiw
with the By-law and policies governing the administration thereof as provided in this clause above and no
payment shall be made except from the said Fund and only after appropriate application is made as herein
set out.
The City may plead this Agreement as an estoppel against any application or action
whatsoever to challenge the validity of this Agreement, the Development Charges By-law or the Fund. In
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addition, the Owner agrees that in the event that the Fund does not have sufficient funds to pay the Owner’s
claim by reason of an order orjudgment of a Court of Law or that the Development Charges By-law is void
or invalid for any reason, the Owner will not seek further or other reimbursement from the City.
If the Owner undertakes work subject to a claim under this section it shall not seek a credit
under section 38 of the Development Charges Act and this clause may be pleaded in any complaint, action,
application or appeal to any court or tribunal in which the Owner who is entitled to make a claim against the
Fund seeks a credit under Section 38.
The anticipated claims against the Fund are:
(i) for the construction of a SWM facility, the estimated cost of which is $1,273,121
(excl. GST).
(ii) for the dedication of lands external to this plan located on the Ken Williamson
Homes Limited property as described in Schedule “C” and illustrated for Schedule
“D” for storrnwater management purposes, the estimated cost of which is $100,483.
(iii) for the dedication of lands external to this plan located on the 700531 Ontario Inc.
property as described in Schedule “C” and illustrated for Schedule “D” for
stormwater management purposes, the estimated cost of which is $210,302.
(iv) for the dedication of lands external to this plan located on the Drewlo Holdings Inc.
property as described in Schedule “C” and illustrated for Schedule “D” for
stormwater management purposes, the estimated cost of which is $88,436.
The estimated amounts herein will be adjusted in accordance with contract prices in the year
in which the work is carried out when the final amounts are established. Land costs can be claimed in
accordance with the rules of the UWRF and the current by-law.
The anticipated claim against the UWRF for consulting fees is approximately $69,300 for detailed design
and preparation of tender documents. Estimated fees of approximately $75,000 are anticipated for contract
administration and supervision. The anticipated claim for the preparation of the Functional SWM Report
and the Preliminary Engineering design by McCormick Rankin Corporation is $74,125 (excluding GST) as
per their quotation dated October 31, 2005. All claim applications for consulting fees are to be in
accordance with the rules of the fund and the current by-law.
20. STORMWATER MANAGEMENT CLAIMS
The Owner’s claim against the Fund for the stormwater management works described in conditions 17(i) through 17(iv), both inclusive, above, shall be subject to the following:
(1) The payment of claim for the said storrnwater management works, including land
costs, shall be in accordance with the rules of the fund and the current UWRF By-
law. It is noted that the land required for the SWM facility includes multiple land
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dedications. The payment to the Owner for SWM works, including lands costs, remains limited to installments of $250,000 and cannot be separatelyapplied against
the different dedications or works;
(2) if the total derived by adding the amount of any installment due to be paid to the
aggregate of all preceding paid installments exceeds $250,000, the City may
postpone payment from the Fund of the installment due to be paid until after the
elapse of a twelve month period from the payment date of the immediately preceding
paid installment (notwithstanding that the balance of the Fund at any relevanttime in
the twelve month period following the immediately preceding paid installment may be
sufficient to make payment to the Owner of the installment due to be paid);
(3) the time of receipt by the City of the Owner’s application for payment of the
installment due to be paid mentioned in conditions 17(i) through 17(iv), both
inclusive, above, shall be deemed to be on the first anniversary date of the payment
of the immediately preceding paid installment, in place of the earlier time when the
application was actually received by the City.
21. SEWER AND ROAD CLAIMS
Sewer and road claims are not anticipated for this project. However, should the Owner
submit claims for sewer andlor roadworks, all such claims are to be in accordance with the UWRF rules and
By-law.
22. CLAIMS FOR WORKS
All claimable works shall be identified in the schedule as individual listed items, quantities,
plan locations of quantities (chainage “from Station to Station”), and unit costs within larger construction
contracts.
PART IV - MONITORING, MAINTENANCE AND ASSUMPTION
23. MONITORING OF SWM WORKS
The Owner shall submit, prior to issuance of a Certificate of Conditional Approval, a
Monitoring and Operational Procedure Manual for the maintenance and monitoring program of the SWMF in
accordance with the City’s “Monitoring and Operational Procedure for Stormwater Management Facilities”
requirements, as applicable, to the City Engineer for review and approval. The program shall include, but
not limited to the following:
(i)
(ii)
(iii)
a work program manual for the maintenance and monitoring of these works;
protocol for monitoring erosion, settlement and potential sediment accumulation; and
storage and discharge monitoring during the monitoring period for any storm events
or sequence of storm events that result in detention within the SWM facility.
The Owner shall complete the following at no cost to the City following issuance of a
Certificate of Conditional Approval for a minimum period of one (1) year, to the specifications and
satisfaction of the City Engineer:
(i) operate, maintain and monitor the SWM facility in accordance with the approved
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maintenance and monitoring program and the City’s “Monitoring and Operational
Procedure for Stormwater Management Facilities”, as applicable; and
have his Professional Engineer submit three (3) monitoring reports annually in
accordance with the approved maintenance and monitoring program and the City’s
“monitoring and Operational Procedure for Stormwater Management Facilities”, as
applicable, to the City Engineer for review and approval.
(ii)
The Owner shall carry out all additional operating, maintenance, and monitoring
requirements placed on the Owner by the City Engineer as a result of the deficiency of the SWM facility
and/or monitoring data which raises concern over meeting design criteria approved by the Ministry of
Environment and the City Engineer.
24. COMPLETION, MAINTENANCE, ASSUMPTION AND GUARANTEE
Prior to the issuance of a Certificate of Conditional Approval for any works required under
this agreement, the proposed SWM facility and roadworks within this project shall be constructed and
operational, and all related services shall be completed and operational, all to the requirements of the
design criteria and the satisfaction of the City Engineer.
The Owner shall satisfy the following matters prior to assumption by the City of the works
included in this project for maintenance purposes:
(ii) Subsequent to the SWM facility being conditionally approved for use by the City, at
least one (1) year of monitoring of the SWM facility shall be conducted and
associated reports received by the City Engineer:
(iii) The Owner’s Professional Engineer shall certify that the SWM facility is performing in
accordance with the design parameters as approved by the City Engineer and the
Ministry of Environment; and
(iv) The Owner’s landscape architect (OALA) shall provide a “Certificate of Landscape
Warranty Completion” to the Parks Planning & Design Section stating that the
landscaping for the SWM facility is in conformity with the approved landscape plans
and that no outstanding deficiencies will affect the long term health of the
landscaping or the function of the SWM facility; and
(v) The Owner’s Professional Engineer shall certify that all other servicing and
roadworks constructed as part of this project are performing in accordance with the
design parameters as approved by the City Engineer and the Ministry of
Environment.
The Owner shall have its Professional Engineer provide on-site inspection by a qualified
inspector of all works and services required by this agreement that are to be assumed for maintenance by
the City.
When all matters, works, services and things required to be constructed, installed or done by
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the Owner except as herein before specified, in the opinion of the City Engineer or on certification of an
independent registered Professional Engineer in accordance with the form of certification shown in
Schedule "G" attached hereto have been accomplished strictly in accordance with this agreement and to
the specifications and satisfaction of the City Engineer, the City Engineer shall issue to the owner hereto a
Certificate of Assumption approval to that effect (herein called an Assumption Certificate). The City will not
issue an Assumption Certificate until the Owner has provided the City Engineer with final "as-constructed''
drawings to the current standards of the City Engineer. Alternatively, if requested by the Owner in writing
and agreed to by the City Engineer, the procedure outlined below may be followed regarding the submission
of "as-constructed" drawings:
(a) the City Engineer shall issue to the Owner an Assumption Certificate conditional
upon the Owner delivering to the City, "as-constructed" drawings within nine months of the
date of the Assumption Certificate. If the Owner fails to produce the required drawings
within the nine month period, then the Assumption Certificate is deemed revoked to the
extent that the Owner, pursuant to Section 25 herein, may be declared in default of this
agreement:
(b) the Owner shall provide security in the amount of $1,500.00 per drawing in the form
of cash, certified cheque or letter of credit;
(c) the security referred to in (b) above shall be returned to the Owner after he has
submitted certified "as-constructed'' drawings.
The Owner shall guarantee each and everyone of the works and services in good condition
and repair, consistent with what is, in the opinion of the City Engineer, or on the certification of an
independent registered Professional Engineer, sound engineering practice, for the period of one year after
the same are assumed by by-law of the City. Provided however, that the City may, at its option, assume any
or all of the said works and services at any time, but the City shall not be deemed to have assumed any
work or service unless such assumption is evidenced by an Assumption Certificate and the enactment of a
by-law to that effect.
Upon the assumption of any of the works or services, the same shall wholly vest in the City
without payment therefore, and the Owner shall have no right, title or interest therein. Notwithstanding that
the services, or any of them, have been so assumed by the City, the Owner undertakes and guarantees that
the work, labour and materials are in compliance with the specifications therein provided and the
requirements of the City Engineer. In default, the City may carry out any required reconstruction or repair
and in default of repayment therefore by the Owner forthwith the City shall be entitled to resort to the
security as provided for in Section 27 of this agreement. If pursuant to this agreement and in the opinion of
the City Engineer, the City finds it necessary to enter upon the lands covered by this agreement to perform
any work, including maintenance, which the Owner should have completed, the City shall be deemed to be
acting as agent of the Owner and shall not be deemed to have assumed any work or service by so doing
and the cost of such work shall be borne by the Owner; provided, however, that the City may, at its option
assume any or all of the said works and services at any time, but the City shall not be deemed to have assumed any work or service unless such assumption is evidenced by an Assumption Certificate and the
enactment of a specific by-law assuming such work or service and it is hereby understood and agreed that
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the passing of any other by-law whether regulating traffic, parking or any other matter affecting lands within
the subject plan of subdivision, shall not be deemed to be a by-law effecting assumption by the City.
PART V- SECURITIES, LIENS AND DEFAULT
25. DEFAULT
Time shall be of the essence in this agreement. Upon breach by the Owner of any covenant,
term, condition or requirement of this agreement, or upon the Owner becoming insolvent or making an
assignment for the benefit of creditors, the City, at its option, may declare that the Owner is in default, in
whole or in part. Notice of such default shall be given as provided in Section 35 hereof, and if the Owner
shall not remedy such default within such time, as provided in the notice, the City may declare that the
Owner is in final default under this agreement, and shall then forthwith give notice thereof to the Owner as
provided in said Section 35.
26. REMEDY ON GIVING NOTICE OF DEFAULT
Upon notice of default having been given, the City may require all work by the Owner, its
servants, agents, independent contractors and subcontractors to cease (other than any work necessary to
remedy such default) until such default shall have been remedied, and in the event of final default may
require all work as aforesaid to cease.
27. REMEDIES ON FINAL DEFAULT
Upon final default of the Owner the City may, at its option, adopt or pursue any or all of the
following remedies, but shall not be bound to do so:
(a) Enter upon the lands upon which works are being completed for this project by its servants, agents and contractors and complete any work, services, repair or maintenance whollyor
in part required herein to be done by the Owner and collect the cost thereof from the Owner and/or
enforce any security available to it;
(b) collect the amount thereof from the Owner and/or enforce any security available to it;
Make any payment which ought to have been made by the Owner and upon demand
(c) and apply the same in payment or part payment for any work which the City may undertake;
Retain any sum of money heretofore paid by the Owner, to the City, for any purpose,
(d) and thereafter the Owner shall have no claim or title thereto or remuneration therefor;
Assume any work or services at its option whether the same are completed or not,
(e) damages;
Bring action to compel specific performance of all or any part of this agreement or for
(0 Exercise any other remedy granted to the City under the terms of this agreement or available to the City in law, and all the remedies herein set out are conclusively deemed to be
additional to and whollyapartfrom the loss of the Owner's right to repayment of monies as setout in
Schedule "E" resulting from the final default as herein provided.
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28. CONSTRUCTION LIENS
In the event, from time to time, that any construction lien including a claim for lien by a lien
claimant and any certificate of action, all within the meaning of the Construction Lien Act, R.S.O. 1990, shall
be registered and shall be preserved or perfected in respect of any works or services constructed, installed,
repaired or maintained by or on behalf of the Owner, the Owner after having been given notice by any
person or of becoming aware of the existence of any such preserved or perfected construction lien, within
the time provided for, and following the procedures set out and prescribed, in the Construction Lien Act,
R.S.O. 1990, and Ontario Regulation 175190, shall forthwith discharge (or have vacated) any preserved or
perfected claim for lien made in respect of the works and services constructed by the Owner under this
agreement.
Should any preserved or perfected claim for lien remain outstanding for more than twenty
(20) calendar days, the City may, without notice and without making a declaration that the Owner is in
default, or final default, utilize any remedy which would be available to it upon the final default of the Owner.
This hght shall continue until the City has been served with evidence satisfactory to it, that all liens have
been discharged or vacated.
The Owner shall not be entitled to a release of any subdivision security until any preserved or
perfected claim for lien be discharged and the registration of a claim for lien or a certificate of action, or
both, be vacated. to the satisfaction of the City, and any statutory appeal period has expired.
PART VI - GENERAL PROVISIONS
29. ENVIRONMENTAL ASSESSMENT
The tender contract for this project is to be awarded and all approvals in place by September
8, 2006 otherwise, the Owner shall undertake an addendum to extend the existing Environmental
Assessment under the Class EA requirements for the works and/orservices related to this plan. The Owner
further agrees that no construction involving installation of works and/or services requiring an Environmental
Assessment Addendum is to commence prior to fulfilling the obligations and requirements of the Province of Ontario's Environmental Assessment Act.
30. INCONTESTABILITY
The Owner will not call into question directly or indirectly in any proceeding whatsoever in law
or in equity or before any administrative or other tribunal the right of the City to enter into this agreement and
to enforce each and evety term, covenant and condition thereof and this provision may be pleaded by the
City in any such action or proceeding as a complete and conclusive estoppel of any denial of such right.
31. COMMENCEMENT AND COMPLETION
Immediately following the execution and registration of this agreement the Owner shall
thereafter whollyat its own expense, construct, install and promptly pay for the works and services required
herein. Failure on'the part of the Owner to promptly pay forworks and services required by this Agreement to be constructed and installed, shall be deemed to be in "Final Default", in whole or in part, under this
agreement. The Owner shall complete the said construction and installation not later than the first
anniversary of the date of approval of the final plan by the Approval Authority and have the project assumed
as outlined in Section 24 once the minimum one (1) year required monitored period has been satisfactorily
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completed as described in Section 23. Should the Owner, having used all reasonable diligence and
foresight, be prevented as a result of a work stoppage by his own employees, an Act of God or act of the
Queen's enemies (and no other reason shall be an excuse unless otherwise specifically herein provided)
from commencing or completing work within the time specified, then the date for the commencement or the
completion of the work, as the case may be, shall be extended for a length of time equal to the duration of
the said cause of delay.
32. INSURANCE AND INDEMNITY
The Owner shall obtain and maintain and provide the City with evidence of third party general
liability insurance covering the Ownership of the property described in this agreement and construction,
installation, repair or maintenance of all works and services required herein to be done. Such policy shall
include non-owned automobile liability, personal injury, broad form property damage, contractual liability,
Owners' and contractors' protective, completed operations, contingent employers' liability, cross liability and
severability of interest clauses. Further, such insurance shall provide coverage for an amount not less than
five million ($5,000,000) dollars and shall include the City as an additional insured with respect to all the
Owner's responsibilities relating to this Agreement and shall provide that the above-mentioned policies will
not be cancelled or permitted to lapse unless the insurer notifies the City in writing at least thirty (30) days
prior to the date of cancellation or expiry. The Owner shall ensure that on inception of this Agreement and
thereafter at least once annually until such time as assumption of the work described herein, a certificate of
insurance evidencing continuation of coverage described herein shall be sent to the City. Failure to procure
and maintain said insurance shall constitute a default under this Agreement.
The Owner agrees that it shall indemnify and save harmless the City of and from all loss,
costs, charges and expenses of every nature and kind whatsoever which the City may incur, be put to or
have to pay, by reason of or on account of the Ownership, construction, use, existence, or maintenance of
the property described herein or by the exercise of the Owner's powers under this Agreement or by reason
of the neglect of the Owner or its employees, servants, agents, contractors, subcontractors or others the
Owner is responsible for at law in exercising its said powers, or by reason of the works and services
whether or not the same shall be required to be done under the terms of this agreement and including
(without limiting the generality of the foregoing) the alteration of any grade or existing level of construction,
maintenance or repair of any street, or by reason of failure, neglect or omission of the Owner to do anything
herein agreed to be done or by reason of any act or commission or default or omission of the Owner save
and except for any claims, demands, actions and causes of action arising as a result of a negligent act or
omission of the City or those for whom the City is in law responsible.
33. SEVERANCE OF ULTRA VIRES TERMS
If any term of this agreement shall be found to be "ultra vires" of the City, or otherwise
unlawful, such term shall conclusively be deemed to be severable and the remainder of this agreement
"mutatis mutandis" shall be and remain in full force and effect.
34. ASSIGNMENT
The Owner shall not assign this agreement without the consent of the City.
35. NOTICE
Any notices required or permitted to be given pursuant to the terms of this agreement shall
be given in writing sent by prepaid registered post, addressed in the case of notice given by the City to:
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Zebro Holdings Inc., 247 Grey Street, London, Ontario, N6B 1G4 and in the case of notice given by the
Owner, addressed to: The City Clerk, P.O. 5035, London, Ontario N6A 4L9.
Notice shall conclusively be deemed to have been given on the day that the same is posted.
Wherever in this agreement the City Engineer is permitted or required to give direction, exercise
supervision, or to require work to be done or work to cease in respect of the construction, installation, repair
and maintenance of works and services, he shall be deemed to have done so if he communicates such
direction, supervision or requirement, orally or in writing, to any person purporting or appearing to be a
foreman, superintendent of the Owner, and if the City Engineer shall have made such communication orally
he shall confirm such communication in writing as soon as conveniently possible.
36. BY-LAWS
The Owner hereby agrees that notwithstanding any of the provisions herein, the Owner is
subject to all by-laws of the City. The Owner further agrees that in the event of a conflict between the
provisions of this agreement and the provisions of any by-law of the City, the provisions of the by-law
prevail.
37. SEPARATE COVENANTS
All of the provisions of this agreement are to be construed as covenants and agreements as
though the words, importing such covenants and agreements were used in each separate clause hereof.
Should any provision of this agreement be adjudged unlawful or not enforceable, it shall be considered
separate and severable from the agreement and its remaining provisions as though the unlawful or
unenforceable provision had not been included
38. NUMBER AND GENDER
Words importing the singular only shall include the plural; words importing the masculine only
shall include the female, and words importing a person shall include corporation.
39. PERMITS AND APPROVALS
The Owner agrees that this agreement does not relieve the Owner of any requirements to
obtain all permits, certificates, or approvals, necessary to complete the work outlined in this agreement.
40. PRIOR AGREEMENTS
Effective the date of its execution, the Owner agrees that this agreement is in substitution for and
supersedes any previous agreements with the Owner concerning the Municipal Infrastructure Works
described in this agreement.
41. BINDING EFFECT
This agreement shall ensure to the benefit of and be binding on the owner hereto and their successors,
administrators, executors and assigns and each of them.
42. CONDITIONS IMPOSED BY APPROVAL AUTHORITY
The Owner irrevocably agrees that all conditions and requirements herein contained have
been imposed by the Approval Authority prior to registration of this agreement upon the title to the lands as
a condition of his approval, and the Owner irrevocably agrees that this provision may be pleaded as a complete estoppel in any action or proceeding in which it is othewise alleged. The Owner further
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acknowledges and agrees that the Approval Authority may impose additional conditions on his granting
approval of the plan, including the requirement to enter into one or more additional agreements.
IN THIS AGREEMENT the singular shall include the plural and the neuter shall include the
masculine or feminine as the context may require, and if there are more than one Owner the covenants of
such Owner shall be joint and several.
IN WITNESS WHEREOF the parties hereto have hereunto caused to be affixed their
respective corporate seals attested by the hands of their proper officers, and any party not a corporation has
hereunto set his hand and seal the day and year first above written.
SIGNED, SEALED AND DELIVERED) THE CORPORATION OF THE CITY OF LONDON
In the presence of ) )
1 Anne Marie DeCicco, Mayor ) )
Kevin Bain City Clerk
1 ) ) )
ZEBRO HOLDINGS INC
)
) ) )
Dick Brouwer, Secretary-Treasurer I have the authority to bind the Corporation.
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SCHEDULE "A"
This is Schedule " A to the Subdivision Agreement dated this ...... day of ...... , 2006, between The
Corporation of the City of London and Zebro Holdings Inc. to which it is attached and forms a part.
ALL AND SINGULAR that certain parcel or tract of land and premises, lying, being and situate within the
approved draft plan 39T-99521 and on South Half of Lot 10 Concession 5 in the geographic Township
of London , now in the City of London, County of Middlesex.
SCHEDULE "B"
Schedule " B is not applicable and was purposefully omitted
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SCHEDULE “C“
This is Schedule “ C to the Subdivision Agreement dated this ...... day of . . .. . . , 2006, between The
Corporation of the City of London and Zebro Holdings Inc. to which it is attached and forms a part.
LANDS TO BE CONVEYED TO THE CITY OF LONDON FOR THE SWM FACILITY:
The area identified in Schedule “DI” as Area 2 Existing and Additional Floodplain lands
including the footprint of the SWM facility bridge structure will be conveyed to the City as part
of the SWM Facility;
The area identified in Schedule “DI” as Area 4 Existing and Additional Floodplain lands will
be conveyed to the City as part of the SWM Facility; and
The area identified in Schedule “DI” as Area 3 Existing and Additional Floodplain lands
located will be conveyed to the City as part of the SWM Facility;
LANDS TO BE CONVEYED TO THE CITY OF LONDON FOR ROADWORKS:
The portion of Stackhouse Avenue within the footprint of the SWM facility, as identified in
Schedule “D2” as Part 6, will be conveyed to the City as part of the SWM facility; and
The lands identified in Schedule “D2” as Part 7 will be conveyed to the City to form the part of
Stackhouse Avenue from Fanshawe Park Road East to the south limit of the SWM facility.
SCHEDULE "D"
EXHIBIT D1 Exhibit of External Stormwater Management Land Dedication Parcels
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LEGEND:
c * t I e e
L 8 Expanded 250-year Floodline
e $ Existing 250-year Floodline
-
SCHEDULE "D"
EXHIBIT D2
FIE NO. V l e C 1 , d g n
DATE : WWOB
LOCATION MAP ENVIRONMENTAL SERVICES DEPARTMENT CITY Of LONDON
STACKHOUSE AVENUE LAND DEDlCATlONS
Exhibit of External Stormwater Management Land Dedication Parcels
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SCHEDULE ‘E’
This is Schedule ‘E’ to the Subdivision Agreement, dated this ...... day of ...... , 2006, between the
Corporation of the City of London and Zebro Holdings Inc. to which it is attached and forms a part.
The total value of security to be supplied to the City is as follows to be deposited with the City Treasurer at
the time of signing this agreement:
CASH PORTION: $ 122,500
BOND PORTION: $ 852,500
TOTAL $ 975,000
The security shall be supplied to the City in accordance with the policy adopted by the City Council on
April 6, 1987, when it approved Clause 15 of the Ilth Report of the Planning Committee, and its
amendments.
The above-noted security includes a statutory holdback calculated in accordance with the Provincial
legislation, namely the CONSTRUCTION LIEN ACT, R.S.O. 1990.
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SCHEDULE ' F
This is Schedule 'F' to the Subdivision Agreement, dated this ...... day of ...... , 2006, between the
Corporation of the City of London and Zebro Holdings Inc. to which it is attached and forms a part,
Multi-Purpose Easements:
A temporary general Multi-purpose working easement shall be deeded to the City across the entire
Open Space Block 191 in conjunction with this Plan (Draft Plan 39T-99521), to cover and provide
access to all restoration works downstream of the SWM facility, to the satisfaction of the City
Engineer.
A temporary general Multi-purpose working easement shall be deeded to the City across the entire
Stormwater Management Block 184 in conjunction with this Plan (Draft Plan 39T-99521), to cover
and provide access to all restoration works downstream of the SWM facility, to the satisfaction of the
City Engineer
A temporary general multi-purpose working easement shall be deeded to the City across the entire
property located at 1068 Fanshawe Park Road East to cover and provide access to all restoration
works downstream of the SWM facility, to the satisfaction of the City Engineer.
A temporary general multi-purpose easement shall be deeded to the City immediately north of the
SWM facilityfootprint to allowfor a turning circle for construction traffic until such time as Stackhouse
Avenue is extended further north by others.
All temporary easement must be maintained until at least the expiry of the warranty period.
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SCHEDULE "G"
This is Schedule ''E to the Subdivision Agreement dated this ...... day of ...... , 2006, between The
Corporation of the City of London and Zebro Holdings Inc. to which it is attached and forms a part.
TO: The Corporation of the City of London
Certificate of ComDletion of Works
For Good and Valuable Consideration now paid by The Corporation of the City of London hereinafter called
the "City", the receipt and sufficiency of which I hereby acknowledge, I hereby certify that the municipal
services constructed pursuant to the Subdivision Agreement registered as Number ...... relating to Plan
Number _..... have been -
(a) inspected during installation in accordance with standard engineering practice; and
(b) installed in accordance with the plans and specifications approved by the City Engineer.
Certified and delivered under my hand and professional seal at the City of London this.. .. . .day of . . ... .. . ... ., 20. ... . .
@ SCHEDULE "H"
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This is Schedule " H to the Subdivision Agreement dated this ...... day of ...... , 2006, between The
Corporation of the City of London and Zebro Holdings Inc. to which it is attached and forms a part..
TO: The Corporation of the City of London
Verification of Soils Testina Procedures and Results
For Good and Valuable Consideration now paid by The Corporation of the City of London (hereinafter called
the "City", the receipt and sufficiency of which I hereby acknowledge, I hereby certify that
...................................... has carried out, at the request of the Subdivider's supervising engineer and the City Engineer, "in situ"
density testing of the roadway subgrade, granular pavement materials, asphalt and Benkelman Beam
rebound testing of the pavement of various periods during construction of
Subdivision and the results have been reported previously.
This testing has been carried out on a periodic basis using normal engineering practices and testing
procedures to evaluate the adequacy of the construction and the results indicate that the various design
standards and specifications have been achieved.
Certified and delivered under my hand and professional seal at the City of London this ...... day of . . .. .., 20.. . . . . .
SCHEDULE “I“
Schedule “I” is not applicable and was purposefully omitted.
Page 34 of 35 File: 39T-xxxxx
Page 35 of 35 File: 39T-xxxxx
SCHEDULE ‘J’
This is Schedule ‘J’ to the Subdivision Agreement dated this ...... day of ...... , 2006, between The
Corporation of the City of London and Zebro Holdings Inc. to which it is attached and forms a part.
TO: The Corporation of the City of London
Certificate of ComDliance for Erosion and Sediment Control Measures
For Good and Valuable Consideration now paid by The Corporation of the City of London, hereinafter called
the “Ciiy”, the receipt and sufficiency of which I hereby acknowledge, I hereby certify that:
(a) the erosion and sediment control measures required under this agreement were installed
prior to any construction commencing on the site where applicable, or were installed
immediately upon completion of construction of the work for which these control measures
were designed, where applicable; and
(b) the required erosion and sediment control measures were maintained and operating as
intended in accordance with The Guidelines on Erosion and Sediment Control for Urban
Construction Sites (May 1987) during construction as required under this agreement.
Certified and delivered under my hand and professional seal at the City of London this . . . . . . day of . . . . . ., 20.. . . . ..