WHEREAS:
A.
DEVELOPER has applied to subdivide and develop certain property in the Municipality
owned by it and located within ‘all those portions of OTM lots 205 to 209 Parish of St.
Norbert according to a plan of same registered as No. 3909 WLTO lying to the east of the
eastern limit of the road allowance east of an adjoining on the east of railway right of way
plan 12 WLTO (PR DIV) exc. Water Control Works Plan 40378 WLTO’ owned by North
Grassie Properties Inc. (“land”)
B.
Subject to approval of its subdivision application and any and all conditions of such
approval, North Grassie Properties Inc. wishes to enter into a Development Agreement with
the Municipality substantially in the form attached to this resolution in respect of
i.
the construction and installation of municipal services, and
ii.
the payment of capital levies and costs;
C.
Subsection 151(2) of The Planning Act provides that a development agreement may be
entered into before a subdivision has been approved, but that the agreement is not binding
until the approval has been given;
D.
North Grassie Properties Inc. is the Corporation (“Developer”) that owns the land.
NOW THEREFORE, the Rural Municipality of Ritchot, in council assembled enacts as a by-law the
following:
1.
THAT the Municipality enters pursuant to section 135 of The Planning Act, into the
Development Agreement with North Grassie Properties Inc., in the form and substance
attached as Schedule 1 to this Resolution.
2.
THAT the proper officers of the Municipality are hereby authorized, directed and
empowered to execute the Development Agreement and drainage easement agreement in
the normal manner and to place the seal of the Municipality thereon.
3.
THAT caveat be filed on behalf of the Municipality in the Winnipeg Land Titles office against
the title to the land to give notice of the Development Agreement.
SCHEDULE “1” TO RESOLUTION NO. 2014-10-54
DEVELOPMENT AGREEMENT
Between
THE RURAL MUNICIPALITY OF RITCHOT
and
NORTH GRASSIE PROPERTIES INC.
Date of Agreement:
, 2015
2
TABLE OF CONTENTS
1.
DEFINITIONS....................................................................................................................5
2.
THE AGREEMENT............................................................................................................ 6
3.
LOT GRADES AND SURVEY MONUMENTS...................................................................7
4.
DEVELOPMENT CONTROL.............................................................................................7
5.
CONSTRUCTION OF THE SERVICES.............................................................................9
6.
CONSTRUCTION OF OTHER UTILITIES, SERVICES AND OTHER
MISCELLANEOUS REQUIREMENTS............................................................................11
7.
CERTIFICATION, GUARANTEE AND MAINTENANCE.................................................11
8.
COSTS, LEVIES AND DEDICATION..............................................................................12
9.
SECURITY...................................................................................................................... 14
10.
ACCESS TO THE PLANNED AREA AND ACCESS DRIVEWAYS AND
BOULEVARD SOD......................................................................................................... 14
11.
DEFAULT BY THE DEVELOPER...................................................................................15
12.
INDEMNITY..................................................................................................................... 15
13.
INSURANCE................................................................................................................... 15
14.
INABILITY OF THE MUNICIPALITY TO PERFORM......................................................16
15.
REIMBRUSEMENT FOR CERTAIN SERVICE COSTS..................................................16
16.
MISCELLANEOUS.......................................................................................................... 16
SCHEDULE A........................................................................................................................... 19
SCHEDULE B........................................................................................................................... 20
SCHEDULE C........................................................................................................................... 21
SCHEDULE D........................................................................................................................... 22
SCHEDULE E............................................................................................................................ 23
SCHEDULE F............................................................................................................................ 24
SCHEDULE G........................................................................................................................... 25
SCHEDULE H........................................................................................................................... 26
SCHEDULE I............................................................................................................................. 27
SCHEDULE J............................................................................................................................ 28
SCHEDULE K........................................................................................................................... 29
SCHEDULE L............................................................................................................................ 30
3
SCHEDULE M........................................................................................................................... 31
SCHEDULE N........................................................................................................................... 32
SCHEDULE O........................................................................................................................... 34
SCHEDULE P............................................................................................................................ 35
4
SCHEDULE 1 TO RESOLUTION NO. 2014-10-54
DEVELOPMENT AGREEMENT
THIS AGREEMENT made on the
st
day of
, 2015
Between
THE RURAL MUNICIPALITY OF RITCHOT
(“Municipality”)
and
NORTH GRASSIE PROPERTIES INC.
(“Developer”)
(individually “Party”, collectively “Parties”)
is evidence of the following:
The Developer is the owner of certain lands in the Municipality as described in Schedule A
(“Planned Area”) and shown outlined heavily in black on the sketch attached as
Schedule B.
A.
The Developer proposes to develop the Lands for residential lots zoned as “RRS”
Rural Residential Serviced Zone.
THEREFORE THE DEVELOPER AND THE MUNICIPALITY AGREE AS FOLLOWS:
1.
Definitions
Unless the context otherwise requires,
(a)
“Engineer” means the Municipality’s Engineer or such other consultant for the purposes
of this Agreement.
(b)
“Services” means those things to be constructed, installed or completed by the
Developer under Section 5.
(c)
“Utilities” means those things to be constructed, installed or completed under Subsection
6.A.
(d)
“Municipality’s final inspection” means that inspection as described in Subsection 7.C.
herein;
5
2.
The Agreement
This Agreement consists of this Agreement and the following Schedules:
Schedule A:
legal description of the Planned Area.
Schedule B:
sketch of the Planned Area.
Schedule C:
copy of the approved plan of subdivision in registerable form for the lots in
Phases 1 through 3 and blocks for Phases 4 through 10.
Schedule D:
R.M. of Ritchot Standards for Design and Construction of Public Works, and
any additional standards and specifications approved by the Municipality from
time to time (“Standards”).
Schedule E:
the proposed plans and specifications for the construction and installation of
piped water services, sanitary sewer services, streets and storm sewer system
drains for the Planned Area.
Schedule F:
Required off-site improvements, utilities and Bernat Road.
Schedule G:
Phases of Development of the Planned Area.
Schedule H:
Information sheet for prospective property owner.
Schedule I:
Amount of security for Phase 1.
Schedule J:
The plan and specifications for construction of fences.
Schedule K:
The plan and specifications for the construction of a play space within the
Planned Area.
Schedule L:
The landscaping and sodding plan and specifications for landscaping and
sodding in the Planned Area.
Schedule M:
The entrance treatment within the Planned Area.
Schedule N:
Pipeline & Terminals Manual/Volume 3 Maintenance – Section 36: Pipeline
Routine Maintenance – Right of Way Management, Subject 02: Sub-Division
and Housing Developments and Subject 04: Pipeline Crossing Agreement
Guide
Schedule O:
Services for reimbursement.
Schedule P:
Any variations in, additions to, or deletions from this Agreement or the plans and
specifications, profiles, and drawings, which the parties hereto may agree upon
from time to time and which shall be confirmed by both parties in writing, all of
which shall be binding upon the parties hereto as fully and to the same extent as
those now incorporated herein.
6
3.
Lot Grades and Survey Monuments
A.
The Developer will ensure that each lot created within the Planned Area shall be rough
graded in accordance with the requirements set out in Section 8 of the Standards.
Drainage shall be wholly confined within that lot and must be designed so as not to and
shall not drain onto any neighbouring property. All drainage shall be designed to drain
water to the front of the property to a municipal drain, or split drainage with a portion to
the rear of the property to a storm water retention basin (for lake lots) and otherwise
meet all requirements of the Standards.
B.
The Developer will maintain all survey monuments within the Planned Area until the
Municipality’s final inspection. Where any survey monuments have been destroyed,
disturbed, moved, covered, or damaged in any way prior to the Municipality’s final
inspection, the Developer will, at its expense, have them replaced by a Manitoba Land
Surveyor. At the time of the Municipality’s final inspection, the Developer will provide a
certificate from a Manitoba Land Surveyor certifying that all monuments are in place.
4.
Development Control
A.
The Planned Area will be developed in ten (10) phases as set out in Schedule G.
B.
The Developer shall not start construction or installation of any Services or Utilities and
shall not sell or transfer any lot within the Planned Area unless the:
i.
plan of subdivision is registered;
ii.
Developer has provided the required security and the comprehensive liability
insurance policy;
iii.
Developer has provided any required easements;
iv.
Developer has provided the required Imperial Oil Pipeline easement,
v.
a lot grade plan has been approved by the Engineer,
vi.
the proposed plans, drawings, descriptions and specifications for the construction
and installation of piped water services, sanitary sewer services, streets and
drains have been approved by the Municipality and the Engineer, and
vii.
Developer has made the payments required in section 8.
C.
Upon the Developer meeting these requirements, the Municipality shall issue a
Commencement Certificate permitting the Developer to within Phase 1 described in
Schedule G:
i.
start construction of the Services and Utilities; and
ii.
sell or transfer lots.
D.
The Developer shall not start construction or installation of the Services or Utilities or sell
or transfer any lots in Phase 2 described in Schedule G unless the:
i.
Developer has provided written notice to the Municipality of its intention to proceed
with Phase 2;
ii.
Engineer has certified the Services constructed under Phase 1 have been
constructed in accordance with the Standards and this Agreement, and a
Completion Certificate has been issued;
iii.
Developer is not in default of any provision of this Agreement;
7
iv.
v.
vi.
vii.
viii.
ix.
x.
Developer has provided the security for Phase 2;
Developer has provided any required easements;
Developer has provided the required Imperial Oil Pipeline easement,
a lot grade plan has been approved by the Engineer,
the proposed plans, drawings, descriptions and specifications for the construction
and installation of piped water services, sanitary sewer services, streets and
drains have been approved by the Municipality and the Engineer,
Developer has made the payments set out in section 8, and
Developer has constructed the fence for the lots within Phase 1.
E.
Upon the Developer meeting these requirements, the Municipality shall issue a
Commencement Certificate permitting the Developer to within Phase 2:
i.
start construction of the Services and Utilities; and
ii.
sell or transfer lots.
F.
The Developer shall not start construction or installation of the Services or Utilities or sell
or transfer any lots in Phase 3 described in Schedule G unless the:
i. Developer has provided written notice to the Municipality of its intention to proceed
with Phase 3;
ii. Engineer has certified the Services constructed under Phase 2 have been
constructed in accordance with the Standards and this Agreement, and a
Completion Certificate has been issued;
iii. Developer is not in default of any provision of this Agreement;
iv. Developer has provided the security for Phase 3;
v. Developer has provided any required easements;
vi. Developer has provided the required Imperial Oil Pipeline easement,
vii. a lot grade plan has been approved by the Engineer,
viii. the proposed plans, drawings, descriptions and specifications for the construction
and installation of piped water services, sanitary sewer services, streets and
drains for the Planned Area have been approved by the Municipality and the
Engineer,
ix. Developer has made the payments set out in section 8, and
x. Developer has constructed the fence for the lots within Phase 2.
G.
Upon the Developer meeting these requirements, the Municipality shall issue a
Commencement Certificate permitting the Developer to within Phase 3:
i.
start construction of the Services and Utilities; and
ii.
sell or transfer lots.
H.
The construction of Services and Utilities and the sale or transfer of lots in Phases 4-10
shall meet the requirements set out in sub-sections 4.F and G for each respective Phase
with necessary modification, be subject to the approval of a plan of subdivision under the
Planning Act, including any terms or conditions imposed under such approvals, and in
accordance with the Development Plan and the Municipality’s Secondary Plan and
Zoning By-law.
I.
The Developer shall not start construction of the Bernat Road improvements unless the
Developer has provided:
i.
written notice to the Municipality of its intention to proceed with the Bernat Road
improvements; and
8
ii.
the security for the Bernat Road improvements has been adjusted under subsection 9.F.
J.
All work to be done by or on behalf of the Developer shall conform to the Standards, all
procedures, requirements and specifications of this Agreement, and any additional
standards, procedures, requirements or specifications agreed to by the parties.
K.
The Developer grants the Municipality, its agents and servants free and uninterrupted
access to the Planned Area for the purpose of making inspections, taking samples of
materials, determining if the terms of this Agreement are being met by the Developer,
and carrying out any enforcement or remedial action.
L.
In addition to, and without providing notice in accordance with the default provisions in
section 11, the Municipality may order work to stop and require the Developer to rectify any
deficiencies, including removing unsatisfactory material from the Planned Area, if:
i.
the Developer starts construction or installation of any Services or Utilities before
the requirements outlined in sub-sections 4.(B-H) have been met and the
Commencement Certificates have been issued; or
ii.
it is apparent to the Municipality that construction or installation of the Services do
not conform to the Standards, or any procedures, requirements or specifications of
this Agreement.
M.
The Developer shall, at no expense to the Municipality:
i.
ensure that construction traffic uses access routes determined by the
Municipality;
ii.
maintain those access routes in a clean, dust-free condition, free of dropped and
tracked-on mud; and
iii.
undertake the regular cleaning, including but not limited to scraping and
sweeping, of those access routes and all streets within the Planned Area;
until building construction, is complete, and as determined by and to the satisfaction of
the Municipality.
5.
A.
Construction of the Services
The Developer covenants and agrees to construct, install and complete, at its expense
and in a good and workmanlike manner to the Municipality’s satisfaction and in
accordance with the plans and specifications and Standards contained in or attached to
this Agreement or supplied by the Engineer:
i.
ii.
iii.
iv.
street(s) constructed to the Standards for Roads outlined in Schedule “D” and as
provided for in the plans approved by the Engineer, and Bernat Road
Improvements outlined in Schedule “F”;
drainage, constructed to the Standards for Drainage outlined in Schedule “D”.
The Development will have curb and gutter drainage system;
water and sewer connections from the water and sewer main lines to the
property line for each new lot being created;
street name signs, stop signs, and other required traffic control signs at locations
determined by the Municipality. The Municipality must approve street names;
9
v.
vi.
vii.
viii.
ix.
x.
xi.
ornamental street lights in accordance with Manitoba Hydro standards at
locations approved by the Municipality;
such culverts as may be required by the Engineer;
water and waste water sewer system to service the Planned Area, including a
sewage lift station of sufficient capacity to service all Phases of development
within the Planned Area, and be constructed to the standards and requirements
outlined in Schedule “E” and “F”, approved by the Municipality;
storm sewer drains and retention ponds to be constructed to the standards and
requirements outlined in Schedule “E”, approved by the Municipality;
grade, level, sod and pathways as shown on Schedule "L" for all park areas for
the Planned area;
provision of area for minimum of one (1) play space as shown on Schedule “K”
within Phase 3;
Entrance Treatment as shown on Schedule “M”.
B.
Where any Services must be installed across, on or in lands within the Planned Area, or
on other lands as required for the operation and maintenance of the Services the
Developer will at the Municipality’s request and at the Developer's sole cost provide
easements to the Municipality, in a form satisfactory to the Municipality’s solicitor, to
enable the Municipality as and when necessary to enter upon such lands and to
maintain, repair, service, reconstruct, and otherwise deal with such Services. In
addition, the Developer shall at its sole cost provide easements to the Municipality
providing a drainage easement over the rear of the Lake Lots of the Planned Area (as
illustrated in Schedules “C” and “E”).
C.
Where any Services must be installed across the Pipeline Easement, the Developer will
at the Developer’s sole cost obtain easements from Imperial Oil to enable the
Municipality as and when necessary to enter upon such lands and to maintain, repair,
service, reconstruct and otherwise deal with such Services.
D.
The Developer covenants and agrees not to permit the occupancy of any building
erected on any lot in this Development until such building and lot has been serviced with
a water and sewer connection, and other utilities as described in subsection 6.A. of this
Agreement and the street has been completed to the satisfaction of the Municipality on
an interim basis as set out in subsection 5.(E)(i) and in a manner satisfactory to the
Engineer.
E.
The construction of the streets within each Phase of the Planned Area shall proceed as
follows:
i.
ii.
iii.
the Developer shall construct the street in accordance with this Agreement and
Schedule "D" to the point of completion of the installation of the base and gravel;
the Developer shall then install the curb and gutter and the 1 st lift of asphalt to the
street upon construction of 50% of the dwellings in each Phase of the Planned
Area, unless directed by the Municipality to construct this infrastructure sooner;
and
the Developer shall install the 2nd lift of asphalt as determined by the Municipality
in its sole discretion.
10
F.
6.
The Developer covenants and agrees to construct roadway improvements to Bernat
Road as detailed in Schedule F from the proposed most southerly intersection of the
Grande Pointe Subdivision collector road and Bernat Road to the existing intersection of
Bernat Road and Oak Grove Road to a standard determined by the Engineer. The
Developer shall complete the construction by the earlier of 5 years from the issuance of
the commencement certificate for Phase 2 or prior to the commencement of Phase 4.
The Municipality may direct the Developer to complete the Bernat Road improvements
by staging the construction of the 1st and 2nd lifts of asphalt.
Construction of Other Utilities and Other Miscellaneous Requirements
A.
The Developer shall arrange, at its own cost, the installation of telephone and electrical
services and shall comply with all requirements of MTS Communications and Manitoba
Hydro respectively. Telephone and electrical services shall be below ground. No
installation of electrical or telephone services may start without approval from the
Municipality.
B.
The Developer shall at its cost construct and install continuous fencing as shown on
Schedule J. The fencing is to be located within private property and established by
caveat to be the responsibility thereafter of the private property owner.
C.
Each single family dwelling within the Planned Area must front and have access on a
new street within the development. Only one driveway will be permitted per single family
dwelling. No dwelling shall front and have access on Bernat Road, Mondor Road or
Novotny Road. The Developer shall advise each potential owner of this requirement.
D.
The Developer may enter into an agreement with each lot owner as to the standard type
of dwellings constructed within the Planned Area on the condition that the structure
complies with the Municipality’s current Zoning By-law. The Developer shall advise all
potential owners of the current zoning and bulk table regulations permitted within this
subdivision.
E.
The Developer shall advise all potential owners that contractors will require debris cages
installed on each lot during the construction period and debris hauled away as required.
F.
The Developer shall advise all potential owners of each Lake Lot in the Planned Area
their duty not to interfere with any drainage which may be located within the Planned
Area.
G.
The Developer shall at its cost enter into an easement agreement with Imperial Oil
providing an easement over the side and rear lots, immediately adjacent to the Pipeline
Easement, within the Planned Area (as illustrated in Schedules “B” and “C”), to be
registered as a caveat against the title to each of the Pipeline Lots in the Planned Area.
The Developer shall advise all potential owners of each Pipeline Lot in the Planned Area
their duty to ensure that all requirements outlined in Schedule “N” are adhered to
including:
i.
ii.
No structure (including decks with footings, pools below grade, garages, etc.) is
constructed within 20m from the centerline of the Pipeline Easement and;
An application be made to and approved by Imperial Oil prior to any construction
within 30m of the Pipeline Easement.
11
7.
Certification, Guarantee and Maintenance
A.
The Developer shall notify the Municipality when construction and installation of the
Services within each Phase are completed. The Engineer will then do an inspection. If the
Services are not completed in accordance with the Standards and this Agreement to the
satisfaction of the Engineer, the Developer shall forthwith bring the Services up to the
Standards. The Engineer shall issue the Completion Certificate upon completion of the
Services to the Standards to the satisfaction of the Engineer. The Developer must obtain
the Completion Certificate within 1 year from the issuance of the Commencement
Certificate.
C.
At the completion of the guarantee and maintenance period set out in sub-section C., the
Municipality shall arrange for a final inspection of the Services, which shall include
obtaining the further certification of the Engineer. If the Services do not meet the
Standards and this Agreement to the satisfaction of the Engineer, the Developer shall
forthwith bring the Services up to the Standards. If the Municipality is satisfied the
Services have been properly constructed, installed and completed and that all guarantee
and maintenance period obligations have been met, the Services shall become the
property of the Municipality free and clear of encumbrances and without any cost to it.
Any bonds, letters of credit, indemnities and insurance provided by the Developer shall
be released, provided there is no outstanding claim or default under this Agreement.
D.
Upon issuance of the Completion Certificate, a guarantee period of 12 months from the
date of the certification shall commence (“guarantee and maintenance period”). During
the guarantee and maintenance period, the Developer guarantees the Services against
faulty workmanship or defective materials and shall be responsible for all maintenance,
upkeep and repair of the Services. Any bonds, letters of credit, indemnities and
insurance shall extend to and remain in force until the end of guarantee and
maintenance period.
E.
Despite the time set out in sub-section A., the timing for completion of construction of the
streets is provided for in subsections 5. (E and F). Sub-sections A.-C. otherwise apply to
the street construction with necessary modification.
F.
Until the Services have been completed within each Phase of the Planned Area, the
Developer covenants and agrees, at all times at its own expense to maintain all
uncompleted areas in a presentable manner. Maintenance of these areas shall be to the
satisfaction of the Municipality and shall include
i.
ii.
iii.
iv.
v.
levelling the uncompleted areas to the grade of the surrounding area,
cutting grass and weeds,
locating a construction debris cage on each site and having the debris hauled
away on a regular basis as and when required,
providing proper drainage for any water that may accumulate so as to ensure
public safety, and
maintaining sites, until and after construction is commenced,
12
all with the object of ensuring public safety, convenience, amenity and an area which is
not offensive to the public view.
G.
8.
i.
ii.
iii.
iv.
Despite the time set out in sub-section A, the timing for completion of the water main
extension and the sewer force main extension works outside the Planned Area set out in
Schedule F, including the sewage lift station, shall be 2 years from the issuance of the
Commencement Certificate for Phase 1. Sub-sections A.-C otherwise apply to these
works with necessary modification.
Costs, Levies and Dedication
A.
The Developer shall pay all costs incurred by the Municipality including, without limiting
the generality of the foregoing, all costs with respect to any amendment to a
development plan, planning scheme or zoning by-law, land acquisitions costs, surveying,
appraisal, engineering, planning and legal costs, including all Municipal Board, Municipal
Planning Branch, Land Titles Office, and other fees, advertising costs, overhead, and all
charges relating to this Agreement, including its preparation and performance, or
necessitated or arising in any manner whatsoever as a result of this Agreement.
B.
The Developer shall pay to the Municipality such sums as are charged by the
Municipality for examining and processing applications for subdivision or levied by the
Municipality according to a scale or levies as compensation for capital costs, the latter
amounting to $6,200.00 for each lot in the plan of subdivision for all Phases. If the
Municipality’s capital levies set by by-law increase over $6200.00, the Developer shall
pay the increased amount subject to the reimbursement provided for in sub-sections
15.E-F.
B.
The Developer agrees to dedicate, at no cost to the Municipality, the land designated as:
“Public Road’ on Schedule “C“;
‘Storm Water Retention Basin’ on Schedule “C”;
‘Public Reserve’ on Schedule “C”. This ‘Public Reserve’ represents the total requirement of 10%
Public Reserve dedication; and
Lot 16 (and if required as determined by the Engineer Lot 15) within proposed Block 1.
C.
The Developer shall pay to the Municipality, upon the execution of this Agreement, all
property taxes, and arrears and penalties which are then outstanding and due and owing
on the lands within the Planned Area.
D.
Before the issuance of the Commencement Certificate for Phase 1 the Developer shall
pay:
i.
ii.
iii.
E.
any amounts owing to the Municipality for administration costs under this
Agreement;
all taxes and arrears (if any) which are then outstanding and due and owing on
the lands within the Planned Area; and
the capital lot levies for Phase 1.
Before the issuance of the Commencement Certificate for Phase 2 the Developer shall
pay:
13
i.
ii.
iii.
G.
Before the issuance of the Commencement Certificate for Phase 3 the Developer shall
pay:
i.
ii.
iii.
H.
9.
any amounts owing to the Municipality for administration costs under this
Agreement;
all taxes and arrears (if any) which are then outstanding and due and owing on
lots within Phase 1 registered in the name of the Developer, lots within Phase 2
and the lots in the subsequent Phases of the Planned Area; and
the capital lot levies for Phase 2.
any amounts owing to the Municipality for administration costs under this
Agreement;
all taxes and arrears (if any) which are then outstanding and due and owing on
lots within Phase 1 and 2 registered in the name of the Developer, lots within
Phase 3 and the lots in the subsequent Phases of the Planned Area; and
the capital lot levies for Phase 3.
Sub-section G. applies to the remaining Phases with necessary modification.
Security
A.
To guarantee the Developer’s performance of its obligations in accordance with this
Agreement, the Developer shall provide the Municipality with an irrevocable letter of credit
in a form satisfactory to the Municipality’s solicitor (“security”).
B.
The security, by its terms, shall be automatically renewed from year to year unless the
issuer gives the Municipality 60-days’ notice of its expiry. In the event that the issuer
gives the Municipality notice that the security shall expire, the Municipality may without
giving the notice in section 11, call on the security and hold the funds until it is extended
or replaced. The security shall also allow for partial drawings.
C.
If this Agreement is terminated for any cause, or in the event of non-compliance by the
Developer with any of his obligations under this Agreement, the Municipality may call on
the security in whole or in part and in such manner as the Municipality may in its
absolute discretion deem most advisable. The extent of the work to be done, the actions
to be taken, the expenditures to be made, and the time within which such work will be
done or actions taken, are within the absolute discretion of the Municipality. The
Developer irrevocably grants the Municipality the right to enter upon and use any part of
the Planned Area and any adjacent lands owned by the Developer for such purposes.
D.
Upon issuance of the Completion Certificate for each Phase, the Municipality shall upon
the request of the Developer review the required amount of the security and may
authorize the reduction or release of the security. Upon issuance of the Acceptance
Certificate, the Municipality shall authorize the release of the security, provided that the
Developer is in compliance with the terms of this Agreement.
E.
The amount of the security for Phase 1 is set out in Schedule “I”. For the remaining
Phases the amount of the security shall be 22.5% of the of the value of the work,
services and materials to be done, provided or supplied in performance of the
14
Developer’s obligations respecting the Services under each respective Phase as
determined by the Municipality.
F.
The Bernat Road improvements security amount shall be adjusted (either increased or
decreased) at time the Developer provides the notice to proceed under sub-section 4.I to
reflect the construction costs at the time of giving the notice.
10. Access to the Planned Area and Access Driveways and Boulevard Sod
A..
The Developer shall not be responsible for the installation of access driveways to each
site created within the Planned Area but the Developer shall ensure that this shall be the
responsibility of the owner of each such site (the “Owner”). The Owner shall first apply
for a crossing permit from the Municipality before locating the entrance to the site. The
Owner shall install an access driveway from the street to the site. The access driveway
shall be installed and constructed in accordance with the direction and specifications
given and approved by the Municipality.
B.
The Developer shall not be responsible for the fine grading of the lot and adjoining
fronting and flanking boulevards and installation of front and flankage boulevard sod for
each site created within the Planned Area but the Developer shall ensure that these
shall be the responsibility of the Owner of each such site as stipulated in Schedule ‘H’.
C.
The Developer shall not be responsible for any additional work/improvements to the lot
that may be required (due to deviations from the approved lot grading plan undertaken
by the Owner) to ensure site drainage consistent with the lot grading plan. The
Developer shall ensure that these shall be the responsibility of the Owner as stipulated
in Schedule ‘H’.
11. Default by the Developer
A.
If the Developer should default under any provision of this Agreement, the Municipality
shall give the Developer notice of the particulars of default in accordance with
Subsection 16.
B.
If within 30 days after notice, the Developer fails to rectify such default to the satisfaction
of the Municipality then the Municipality shall be entitled to;
i.
ii.
iii.
iv.
v.
vi.
C.
specific performance to rectify such default,
seek an injunction to restrain such breach or to enforce compliance with any term
of this Agreement,
terminate this Agreement,
call on the security under section 9 to rectify such default,
withhold building permits, or
any or all of these remedies.
If the Municipality takes any of the actions set out in sub-section B., the Municipality shall
not be liable for any loss or damage suffered by the Developer or any other person as a
result. The indemnity of the Developer under section 12 shall apply.
15
12. Indemnity
A.
The Developer shall indemnify the Municipality from and against all claims of any kind,
including Builder’s Liens Act claims, arising out of any thing provided, permitted or
required to be done by the Developer under this Agreement, together with all costs and
expenses arising by reason of any such claim, including legal costs on a solicitor and
own client basis. This indemnity does not cover any act or thing negligently done or
negligently omitted to be done by the Municipality.
13. Insurance
A.
i.
ii.
iii.
The Developer, during the term of this Agreement and at its own expense, shall provide
and maintain in full force and effect comprehensive general liability insurance for bodily
injury (including death) and property damage in an amount of not less than $2,000,000
inclusive limit for any one occurrence and such policy shall include:
the Municipality as an additional insured;
a cross-liability clause;
provision for the Municipality to be given 30 days written notice prior to cancellation of the
policy.
B.
The Developer shall provide certificates of insurance evidencing the insurance coverage
throughout the term of this Agreement.
C.
Nothing contained in any policy of insurance required or provided in accordance with this
Agreement shall in any way limit the liability of the Developer under this Agreement or
otherwise.
14. Inability of the Municipality to Perform
A.
The Municipality shall perform its obligations within the limits of its powers from time to
time and shall be under no other obligation or duty other than to exercise every
reasonable effort to perform such obligations. The Municipality shall not be liable to the
Developer or any other person for its failure to perform any obligation if such failure is
beyond its control or caused by operation of law.
15. Reimbursement for Certain Service Costs and Increased Capital Levies
A.
The Developer is constructing certain water mains and waste water sewer services
outlined on Schedule “O” that will benefit lands outside the Planned Area
(“reimbursement services”).
B.
The total cost of the reimbursement services are estimated to be $3.5 million, subject to
adjustment upon completion, as agreed to with the Municipality. The Municipality will
reimburse the Developer for up to a maximum of 16% of the Developer’s costs of
constructing the reimbursement services (“Municipality’s contribution”) as lots connect to
the reimbursement services.
16
C.
Upon a lot outside the Planned Area connecting to the waste water sewer service
referred to in sub-section A., the Municipality will pay the Developer 1% of the
Municipality’s contribution.
D.
The Municipality’s obligation to reimburse the Developer for the Municipality’s
contribution is subject to the Municipality’s authority and ability to collect, and the actual
collection of the costs from the benefitting properties.
E.
In return for the capital levies being set at $6200.00 under sub-section 8. B. on the lots
within the Planned Area, Phases 1-10, the Developer will at its sole cost construct the
Bernat Road improvements provided for in sub-section 5.A.i and Schedule F. If the
Municipality’s capital levies increase above $6200.00, the Municipality will reimburse the
Developer in an amount equal to the difference between the increased capital levies
paid and $6200.00 (“capital levies reimbursement”). The Municipality shall pay the
capital levies reimbursement upon payment by the Developer of the increased capital
levies on any lot in the Planned Area, Phases 1-10 and completion of the construction of
the Bernat Road improvements.
F.
The total amount of the capital levies reimbursement to be paid by the Municipality shall
be to a maximum of the Developer’s costs of constructing the Bernat Road
improvements. The Bernat Road improvements are estimated to be $850,000, subject
to adjustment upon completion, as agreed to with the Municipality.
G. The Municipality will not be required to pay the Municipality’s contribution or the capital
levies reimbursement after 15 years from the date of this Agreement.
16. Miscellaneous
A.
Amounts due to the Municipality if not paid when due shall carry interest compounded
annually at the prime rate of the Municipality’s banker at the time due, plus 2%.
B.
The Developer shall not assign this Agreement or any part of it, save and except to a
corporation owned in whole or in part by the Developer, without the prior written consent
of the Municipality, such consent shall not be unreasonably withheld.
C.
The Developer shall comply with all laws and regulations of the Province of Manitoba
and any by-law of the Municipality pertinent to any aspect of the development and shall
obtain all approvals required thereunder.
D.
A Party may waive or vary the performance of any provision required to perform for its
benefit by the other Party, provided that such waiver or variation shall be in writing.
E.
Notice shall be deemed to have been properly given if
(i)
in the case of the Municipality, delivered personally to the Chief Administrative
Officer of the Municipality or mailed to the Municipality at
352 Main Street
St. Adolphe, Manitoba, R5A 1B9
17
(ii)
in the case of the Developer, delivered personally or mailed to the Developer at
North Grassie Properties Inc.
Box 25094, Mission Park P.O.
Kelowna, British Columbia V1W 3Y7
and where notice is given by mail, it will be by registered mail with and will be deemed to
have been given and received on the date specified in the Canada Post Delivery Notice.
F.
The address for notice may be changed by giving notice in accordance with sub-section
E.
G.
This Agreement is not binding unless or until the Developer has taken all steps required
to satisfy, and has satisfied at its sole expense and to the satisfaction of the Municipality
and approving authority, anything arising out of or required as a result of any condition of
subdivision approval.
H.
Nothing in this Agreement constitutes the approval of the Municipality to any approvals
or amendments required, including any plan of subdivision, development plan
amendment, zoning by-law amendment or variation desired by the Developer.
I.
Time shall be of the essence.
J.
This Agreement is provided for in sections 135 and 150 of The Planning Act, may be
filed by the Municipality as a caveat against the land and shall run with the land.
K.
On request the Developer shall file the Municipality’s caveats first in series with the plan
of subdivision of the Planned Area.
L.
The term of this Agreement shall be from the date of its signing until all of the
Developer’s obligations have been performed to the satisfaction of the Municipality.
M.
The Developer shall maintain itself in good corporate standing throughout the term of
this Agreement and provide evidence of its good standing to the Municipality upon
request.
N.
This Agreement binds the Parties’ successors and assigns.
O.
This Agreement may only be amended by the parties in writing.
IN WITNESS WHEREOF the parties have executed this Agreement as of the date first above
written.
THE RURAL MUNICIPALITY OF RITCHOT
Mayor
18
Chief Administrative Officer
NORTH GRASSIE PROPERTIES INC.
President
Secretary
19
SCHEDULE “A” TO DEVELOPMENT AGREEMENT
WITH
NORTH GRASSIE PROPERTIES INC.
LEGAL DESCRIPTION OF PLANNED AREA
Parcel A: The Frac SE ¼ of section 18-9-4 EPM
Exc Firstly: water control work plan 40378 WLTO and
Secondly: Plan 52523 WLTO
Parcel B: All those portions of OTM Lots 205to 209, both inclusive, Parish of St. Norbert as
shewn on Plan 3909 WLTO which lies east of the eastern limit of the road allowance east of and
adjoining on the east of the right-of-way of the Canadian Pacific Railway Plan 12 WLTO (PR
Div)
Exc out of said Lots 205 and 206; Plan 52523 WLTO and
Exc out of all said Lots: Water Control Works Plan 40378 WLTO
Parcel C: In the Rural Municipality of Ritchot, in the Province of Manitoba and being Parcel
lettered A as same is shown bordered on a Plan (Deposit No. 2220/2014) of
the Four Mile
Road between the Frac. SE¼ Section 18, Township 9, Range 4 EPM and OTM Lots 207, 208
and 209 Parish of St. Norbert, prepared by Leslie Neil McLaughlin of the City of Winnipeg,
Manitoba Land Surveyor and sworn to by him on the 6th day of April, A.D. 2015.
20
SCHEDULE “B” TO DEVELOPMENT AGREEMENT
WITH
NORTH GRASSIE PROPERTIES INC.
SKETCH OF THE PLANNED AREA
21
SCHEDULE “C” TO DEVELOPMENT AGREEMENT
WITH
NORTH GRASSIE PROPERTIES INC.
COPY OF APPROVED PLAN OF SUBDIVISION
22
SCHEDULE “D” TO DEVELOPMENT AGREEMENT
WITH
NORTH GRASSIE PROPERTIES INC.
R.M. OF RITCHOT STANDARDS FOR DESIGN OF PUBLIC WORKS
(DRAINAGE, ROADWAYS AND OTHER MUNICIPAL SERVICES)
RURAL MUNICIPALITY OF RITCHOT
STANDARDS FOR DESIGN AND
CONSTRUCTION OF
PUBLIC WORKS
Prepared by: GENIVAR
Project No: 131-13949-00
March, 2003
(Revised July 31, 2003: Adopted by Res. 10-7-2003)
(Revised Sept. 2, 2003 by Res. 24-9-2003)
(Revised June 7, 2005 by Res. 9-6-2005)
(Revised March 4, 2008 by Res. 12-3-2008)
(Revised May 15, 2013 by Res. 2013 05 16)
Revised: May 15, 2013
23
SCHEDULE “E” TO DEVELOPMENT AGREEMENT
WITH
NORTH GRASSIE PROPERTIES INC.
PROPOSED PLANS AND SPECIFICATIONS FOR CONSTRUCTION
AND INSTALLATION OF PIPED WATER SERVICES, SANITARY SEWER SERVICES,
STREETS AND DRAINS FOR THE PLANNED AREA
24
SCHEDULE “F” TO DEVELOPMENT AGREEMENT
WITH
NORTH GRASSIE PROPERTIES INC.
IMPROVEMENTS OUTSIDE PLANNED AREA
Construction of Bernat Road: from Oak Grove Road to south development entrance of
Maconnell Lane (approx. 1.5 km)
Extension of 200 mm water main from existing municipal reservoir and pumping station
to be brought to the south east development area (approx. 5 km)
Extension of 250 mm force main from existing municipal sewage treatment lagoon to be
brought to the south east to development area (approx. 6.5 km)
25
SCHEDULE “G” TO DEVELOPMENT AGREEMENT
WITH
NORTH GRASSIE PROPERTIES INC.
PHASES OF DEVELOPMENT OF THE PLANNED AREA
26
SCHEDULE “H” TO DEVELOPMENT AGREEMENT
WITH
NORTH GRASSIE PROPERTIES INC.
INFORMATION SHEET FOR PROSPECTIVE PROPERTY OWNER
THE DEVELOPER MUST ADVISE EVERY POTENTIAL OWNER OF ANY LOT WITHIN THE
PLANNED AREA OF THE DEVELOPMENT AGREEMENT BETWEEN THE MUNICIPALITY
AND THE DEVELOPER. IN PARTICULAR, THE DEVELOPER MUST ADVISE OF THE
FOLLOWING WHICH MAY AFFECT THAT LOT, AND EACH PURCHASER OF A LOT IN THE
PLANNED AREA MUST ENSURE COMPLIANCE WITH ALL REQUIREMENTS OF THE
DEVELOPMENT AGREEMENT INCLUDING BUT NOT LIMITED TO:
1.
Subsection 3.A: (Lot Grades & Survey Monuments)
2.
Subsection 6.C-F (Construction and Miscellaneous Requirements)
3.
Section 10 (Access to the Planned Area and Access Driveways)
4.
Subsection 11.B (Default by Developer) and
5.
Purchaser must complete concrete or asphalt approach for driveway, from property line
to municipal R.O.W., finished grading (of the lot and adjoining fronting and flanking
boulevard) and sodding (of the lot and front and flankage boulevard) within 12 months of
occupancy. Purchaser must maintain and provide warranty on sod for one year from
date of installation. Security deposit from building permit application will not be refunded
until one year maintenance and warranty is complete.
PLEASE NOTE:
THE DEVELOPER MUST PROVIDE THIS INFORMATION TO EVERY POTENTIAL OWNER,
AND EACH OWNER MUST ENSURE COMPLIANCE WITH ALL REQUIREMENTS OF THE
DEVELOPMENT AGREEMENT.
THERE MAY BE PROVISIONS OF THE DEVELOPMENT AGREEMENT BETWEEN THE
DEVELOPER AND THE MUNICIPALITY OR AMENDMENTS TO THE DEVELOPMENT
AGREEMENT THAT ARE NOT INCLUDED IN THIS INFORMATION.
27
SCHEDULE “I” TO DEVELOPMENT AGREEMENT
WITH
NORTH GRASSIE PROPERTIES INC.
LETTER OF CREDIT AMOUNT
1.
Section 9 Letter of Credit the Developer shall provide a Letter of Credit in accordance with
the provisions of Section 9 in the amount set out as follows:
ITEM
DEVELOPMENT COSTS
1. Residential & Collector Streets,
Roads, Drainage, and
Landscaping Completed
2. Municipal Services (water and
waste water)
3. Roadway Improvements to
Bernat Road (Outside Planned
Area)
CONSTRUCTION
VALUE
LETTER OF
CREDIT (22.5%)
$ 1,545,900
$ 347,827
$ 2,127,500
$ 478,688
$ 850,000
$ 191,250
$ 500,000
$ 2,100,000
$ 1,200,000
$ 112,500
$ 472,500
$ 270,000
TOTAL CONSTRUCTION
$ 8,323,400
$ 1,872,765
Engineering & Contingency – 10%
(based on total construction)
$ 832,340
$ 187,275
TOTAL
$ 9,155,740
$ 2,060,040
4.
5.
6.
Internal & External Servicing
Water Supply Line
Water Pumping & Storage
Lift Station & Forcemain
($325,000 & $875,000)
28
SCHEDULE “J” TO DEVELOPMENT AGREEMENT
WITH
NORTH GRASSIE PROPERTIES INC.
PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF FENCES
29
SCHEDULE “K” TO DEVELOPMENT AGREEMENT
WITH
NORTH GRASSIE PROPERTIES INC.
PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A PLAY SPACE WITHIN
THE PLANNED AREA
30
SCHEDULE “L” TO DEVELOPMENT AGREEMENT
WITH
NORTH GRASSIE PROPERTIES INC.
LANDSCAPING AND SODDING PLAN AND SPECIFICATIONS FOR LANDSCAPING AND
SODDING IN THE PLANNED AREA
31
SCHEDULE “M” TO DEVELOPMENT AGREEMENT
WITH
NORTH GRASSIE PROPERTIES INC.
ENTRANCE TREATMENT WITHIN THE PLANNED AREA
32
SCHEDULE “N” TO DEVELOPMENT AGREEMENT
WITH
NORTH GRASSIE PROPERTIES INC.
PIPELINE & TERMINALS MANUAL/VOLUME 3 MAINTENANCE – SECTION 36: PIPELINE
ROUTINE MAINTENANCE – RIGHT OF WAY MANAGEMENT, SUBJECT 02: SUB-DIVISION
AND HOUSING DEVELOPMENTS AND SUBJECT 04: PIPELINE CROSSING AGREEMENT
GUIDE
Attached to and forming part of a Development Agreement made between the Rural Municipality
of Ritchot and North Grassie Properties Inc. and being the Imperial Oil Pipeline & Terminals
Manual / Volume 3 Maintenance Section 36: Pipeline Routine Maintenance - Right of Way
Management Subject 02: Subdivision and Housing Developments and Subject 04: Pipeline
Crossing Agreement Guide.
GENERAL REQUIREMENTS
A)
There is a 15.24m wide easement for Imperial Oil gasoline and diesel pipelines running
generally north-south within the subdivision as shown on Schedule A. Development within the
easement and within 30m each side of the easement are subject to regulation by Imperial Oil.
B)
There are two areas of regulation to be observed, a 20m setback from the pipeline to all
structures and a 30m Controlled Area each side of the easement. Purchasers are to conform to
the Pipeline & Terminals Manual Sections noted and as follows.
C)
A Crossing Agreement and Controlled Area Access Agreement will be entered into by the
developer and Imperial Oil. The reference number for these agreements will be made available
to purchasers for inclusion in their agreement applications.
2.0
20m SETBACK
A)
No structure may be within 20m of the centreline of the easement. This includes, but is not
limited to:
•
houses
•
garages
•
decks with footings
•
pools below grade
B)
All fencing is to be 5m from the easement regardless of the property line location.
C)
Purchaser is to ensure that temporary fencing is maintained along the easement at all times
during construction.
D)
At no time is purchaser to use the easement or adjacent park areas to access their property.
33
3.0
30m CONTROLLED AREA
A)
All development within 30m each side of the easement it subject to review and approval by
Imperial Oil.
B)
Purchaser is to apply to Imperial oil for a Controlled Area Access Agreement and a Crossing
Agreement if required. Applications are to be sent to:
Imperial Oil
PO Box 5860 Station South
Edmonton, Alberta
T6E 6P9
Attention: Kelly Hollman
or
[email protected]
C)
Application is to include two copies of a site plan showing all structures, fencing, grading,
landscaping, property lines, surveyed easement location, surfacing and dimensions. A full list of
requirements is found under Section 04, Drawing Requirements for Third Party Crossings.
Agreements are to be kept on site during construction.
D)
Purchaser is to contact the pipeline 3 working days prior to construction to arrange for an
inspector.
E)
Controlled Area Access Agreement and a Crossing Agreement are to be attached to property
titles.
34
SCHEDULE “O” TO DEVELOPMENT AGREEMENT
WITH
NORTH GRASSIE PROPERTIES INC.
SERVICES FOR REIMBURSEMENT
Attached to and forming part of a Development Agreement between The Rural Municipality of
Ritchot and North Grassie Properties Inc. and being Reimbursement Services for the
repayment to the Developer by the Municipality for oversizing of services for use by other land
owners in Grande Pointe.
Water and waste water sewer system infrastructure required to bring water and waste water
sewer services from the Municipality’s existing systems to the Planned Area, including water and
waste water sewer main lines, sewage lift station, water reservoir, power generator, booster
station, to be constructed to the standards and requirements outlined in Schedule “E” and “F”
and approved by the Municipality;
35
SCHEDULE “P” TO DEVELOPMENT AGREEMENT
WITH
NORTH GRASSIE PROPERTIES INC.
Any variations in, additions to, or deletions from this Agreement or the plans and
specifications, profiles, and drawings, which the parties hereto may agree upon from time
to time and which shall be confirmed by both parties in writing, all of which shall be
binding upon the parties hereto as fully and to the same extent as those now
incorporated herein
36