attachment 1: stoney creek flood control ...council.london.ca/councilarchives/reports and...

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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


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.


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


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


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-


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


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.

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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)


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


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


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


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


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


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


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.


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


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:


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


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.

of 35 File: 39T-xmx

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



SCHEDULE “C“

This is Schedule “ C to the Subdivision Agreement dated this ...... day of . . .. . . , 2006, between The


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


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

Page 29 of 35 File: 39T-xxxxw


SCHEDULE ‘E’

This is Schedule ‘E’ to the Subdivision Agreement, dated this ...... day of ...... , 2006, between the


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.


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.


SCHEDULE "G"

This is Schedule ''E to the Subdivision Agreement dated this ...... day of ...... , 2006, between The


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"


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..


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.



SCHEDULE ‘J’

This is Schedule ‘J’ to the Subdivision Agreement dated this ...... day of ...... , 2006, between The



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.. . . . ..

attachment 1: stoney creek flood control ...council.london.ca/councilarchives/reports and...

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