file number: 39t-03518 i meeting on ii 1 r. w. panzer...

Agenda Item # Page W

Reserve Fund Catholic School Board Charge Capital Works

1

works JI Nil I Nil II

$26,909 I

File Number: 39T-03518

Owners Total Share

II CHAIR AND MEMBERS - PLANNING COMMllTEE II To: I MEETING ON

$1 ,I 38,430

AUGUST 11,2008

R. W. PANZER 1 FROM: 1 !I GENERAL MANAGER OF PLANNING AND DEVELOPMENT I!

ll SPECIAL PROVISIONS

CEDAR HOLLOW DEVELOPMENTS INC. CEDARHOLLOW (PHASE 2) SUBDIVISION

39T-03518

RECOMMENDATION

That, on the recommendation of the General Manager of Planning and Development, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and Cedar Hollow Developments Inc. for the subdivision of land over Part of Lots 9, 10, 11, 12, 13, 14, 17, 18 and 18 and Part of an Unnamed roadway on Registered Plan No. 120(C), City of London, County of Middlesex, situated east of Highbury Avenue North, south of Fanshawe Park Road East, and being on the north side of Killarney Road.

(a) the attached Special Provisions to be contained in a Subdivision Agreement between The Corporation of the City of London and Cedar Hollow Developments Inc. for the Cedarhollow Subdivision, Phase 2, (39T-03518) BE APPROVED;

the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement and all documents required to fulfill its conditions; and

the applicant BE ADVISED that the General Manager of Environmental & Engineering Services & City Engineer has estimated the following Revenues and Claims:

(b)

(c)

IMPACT OF SUBDIVISION ON RESERVE FUNDS AND CAPITAL WORKS BUDGET UNDER CURRENT FUNDING PRINCIPLES

Budget I I I I I JI Industrial Oversking Reserve I Nil I Nil

NOTE

ESTIMATED REVENUES ARE CALCULATED USING CURRENT RATES AND THE INFORMATION IS REPORTED IN ACCORDANCE WITH THE DEVELOPMENT CHARGES BY-LAW(IE. C.P.-1440-167). AND ANYAMENDMENTS THERETO. ANY CLAIM PAYMENT FROMTHE URBAN WORKS RESERVE FUND WILL BE IN ACCORDANCE WITH BY-LAW NO. C.P.-1440-167 AND AS APPROVED BY THE CITY ENGINEER.

(1)

Agenda Item # Page # 2


21 EST MATES ARE BASED Oh hFORMATlOh PROVIDE3 BY TnE APP- CAhT AhD REV EAED BY TnE C .N EhG hEERS DEPkRTMEhT EST MATES ARE PROVSIEDFOR NFORMATIOFr P,RPOSESOh-Y ThEY DOhOTCOKST TLTE AhY C3!dMITilEhTSOhBErA-FOFTr.iC TY ~~ ~ ~~ ~ ~~~ ~ ~~ ~~ ~

OF LOhDOh. ACTLAL CLA MS WLL BE DETGM hED Ih CO~JLNCT ON WlTn TdE S L b b S O N AGREEMEKT AhDTnE EYLWAS. ACT-A- REVENJESARE DETERMhED N CON. JhCTlOh WlThB.ILD.hGPERMTSAhDTnEDEVE.0PMEhT CnARGERATESkTTaT?.lE

THEOWNERSHOULDTAKENOTETHATTHERE ARE CURRENTLY SIGNIFICANTOELAYSIN PAYMENTOFCIAIMS FROMTHEURBAN WORKS RESERVE FUND.

'REFERS TO ROAD, SEWER (SANITARY R STORM), STORMWATER FACILITIES R WATER SERVICES

(3)

(4)

IMPACT OF SUBDIVISION ON RESERVE FUNDS AND CAPITAL WORKS BUDGET UNDER FUTURE FUNDING PRINCIPLES - approved in principle through report to

Committee of the Whole January 9,2008 Alternative Threshold #I: (Using 1050 mm storm sewer oversizing)

NOTE

(1) ESTIWTED REVENUES ARE CALCULATED USING CURRENT RATES. CLAIMS ARE CALCULATED UNDER THE NEW COST SHARING

FRAMEWORK AND USING ONE OF 2 ALTERNATIVE METHODS FOR COST SHARING UNDERCONSIDERATION. ESTIMATEDCIAIMS FROMTHE

URBAN WORKS RESERVE FUND WILL BE IN ACCORDANCE WITH THE NEW COST SHARING FRAMEWORK APPROVED BY COUNCIL IN

PRINCIPLE ON JANUARY 9,2008.

(2) ESTIMATES ARE BASED ON INFORMATION PROVIDED BY THE APPLICANT AND REVIEWED BY THE C I N ENGINEERS DEPARTMENT.

ESTIMATESARE PROVlDEDFORlNFORMATlONPURPOSESONLY. THEYDONOTCONSTlTUTEANYCOMMlTMENTSON BEHALFOFTHECITY

OF LONDON. ACTUAL CLAIMS WILL BE DETERMINED IN CONJUNCTION WITH THE SUBDIVISION AGREEMENT AND THE BY-IAWS. ACTUAL

REVENUES ARE DETERMINED IN CONJUNCTION WITH BUILDING PERMITSANDTHE DEVELOPMENT CHARGE RATES ATTHATTIME.

(3) *REFERS TO ROAD, SEWER (SANITARY a STORM), STORMWATER FACILITIES & WATER SERVICES



IMPACT OF SUBDIVISION ON RESERVE FUNDS AND CAPITAL WORKS BUDGET UNDER FUTURE FUNDING PRINCIPLES- approved in principle through report to

Committee of the Whole January 9,2008

Reserve Fund works 526.909

Capital Works Nil I Nil I

NOTE

111 RELEh,ESARE CALCJLATED ,S hG CLRRENT RATES CAIMSARE CA-CJATED "hDERTnE hEN COST SPAR hG FRAI.IEAOR<AhD JS NG ONE OF 2 A-TERhAT \ E METhODS FOR COST SnARihG ,hDER COhS.DERAT OK EST MATEC C A MS FRCM TSE ,RBAti A O R 6 RESERVE FUND WILL BE IN ACCORDANCE WITH THE NEWCOSTSHARING FRAMINGAPPROVED BY COUNCIL IN PRINCIPLE ON JANUARY 9, 2008.

ESTIMATES ARE BASED ON INFORMATION PROVIDED BY THE APPLICANT AND ARE REVIEWED BY THE CITY ENGINEERS DEPARTMENT, ESTIMATES DO NOT CONSTITUTE ANY COMMITMENTS ON BEHALF OF THE CITY OF LONDON. ACTUAL CIAIMS WILL BE DETERMINED IN CONJUNCTION WITH THE SUBDIVISION AGREEMENT AND THE BY-IAWS. ACTUAL REVENUES ARE DETERMINED IN CONJUNCTION WITH BUllDlNG PERMITS AND THE DEVELOPMENT CHARGE RATES AT THAT TIME.

'REFERS TO ROAD, SEWER (SANITARY & STORM), STORMWATER FACILITIES &WATER SERVICES

(2)

(3)

BACKGROUND

This subdivision shall be registered in one phase consisting of Lots 1 to 71, both inclusive and Blocks 72 to 74, both inclusive.

The General Manager of Planning and Development has reviewed the special provisions with the Owner who is in agreement with them.

This report has been prepared in consultation with Lois Burgess, Division Manager of Development Services and the City's Solicitors Office.

A copy of the location plan is attached for the information of the Committee.

R. W. PANZER GENERALMANAGEROF

N 8 SPECIAL PROJECTS

h N S l f g Attach. July 23,2008

Agenda Item # Page +I 4


28. PART II -SPECIAL PROVISIONS

The Owner shall make all payments, carry out and perform all the works and satisfy all the provisions hereinafter set out in these Special Provisions.

(a) Prior to assumption of this subdivision in whole or in part by the City, and as a condition of such assumption, the Owner shall payto the City Treasurer the following amounts as set out or as calculated by the City Engineer, or portions thereof as the City Engineer may from time to time determine:

(i) for the removal of the temporary turning circle on Cedarpark Drive inside this Plan, an amount of $20,000.

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 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 pursuant to Clause 9 of the general provisions hereof, make application to the said Fund for payment of the sum alleged to be owing, and 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 conformity 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 or judgment of a Court of Law that 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) forthe construction of storm sewers in conjunction with this Plan that service an area greater than 20 hectares, the estimated cost of which is $1 1,500;

forthe construction of left turn channelization, including street lights and curb and gutter, on Fanshawe Park Road East at Cedarhollow Boulevard, the estimated cost of which is $481,500;

for the construction of a concrete sidewalk across the frontage of Fanshawe Park Road East of the Draft Plan 39T-03518, the estimated cost of which is $1 75,000; and

for the installation of traffic signals on Fanshawe Park Road East at Cedarhollow Boulevard, when warranted, the estimated cost of which is

(ii)

(iii)

(iv)



$120,000.

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.

SEWER AND ROAD CLAIMS

The Owner's claim against the Fund for the cost of the road and sewer works described in

conditions 28(b)(i) through 28(b)(iv), inclusive, above, shall be subject to the following:

if the actual total claim for the said'road and sewer works exceeds $1,000,000 then the payment to the Owner from the Fund is to be made in two or more installments, no installment shall exceed $1,000,000;

if the total derived by adding the amount of any installment due to be paid to the aggregate of all preceding paid installments exceeds $1,000,000 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 in the Fund at any relevant time 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); and

the time of receipt by the City of the Owner's application for payment of the installment due to be paid mentioned in condition 28(b)(2) 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.

(1)

(2)

(3)

CLAIMS FOR EXTERNAL WORKS

All claimable external works shall be identified as separate tender schedules listing items, quantities, plan locations of quantities (chainage "from Station to Station"), and unit costs within larger construction contracts.

The Owner shall have a report prepared by its geotechnical engineer, prior to the construction of utilities and roads and prior to the issuance of any Certificate of Conditional Approval for this Plan, delineating all the areas where fill has or will be placed (the "Affected Lands") and making recommendations pertaining to the placement of controlled fill and the construction of utilities, roadways, driveways and buildings 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.

Prior to the issuance of a Certificate of Conditional Approval, the Owner shall identify to the City the Lots and Blocks within the Affected Lands and shall ensure that the specific requirements have been established bya geotechnical engineerfor each Lot and Block within the Affected Lands in order to protect the proposed buildings on the said Lots and Blocks from settlement and other harmful effects.

The Owner shall register against the title of each Lot and Block within the Affected Lands, and shall include in the agreement of purchase and sale and in the transfer or deed of each Lot and Block within the Affected Lands, a covenant by the purchaser or transferee stating that the purchaser or transferee of the Lot or Block within the Affected Lands must adhere to the recommendations of the geotechnical engineer, and shall deliver a certificate of a geotechnical engineer to the City's Director of Building Control upon completion of the foundation on the Lot or Block within the Affected Lands that the building construction was completed in accordance with the Owner's geotechnical engineer's recommendations.



The Owner shall construct a temporary turning circle at the north limit of Cedarpark Drive inside this Plan, to the satisfaction of the City Engineer and at no cost to the City.

If the Owner requests the City to assume Cedarpark Drive, all as shown on this Plan of subdivision, prior to its extension to the north, the Owner shall pay to the City at the time of the assumption of this subdivision by the City the amount estimated by the City's Environmental & Engineering Services Department at the time, to be the cost of removing the temporary turning circle at the north limit of Cedarpark Drive and completing the curb and gutter, asphalt pavement, Granular 'A, Granular 'B', sodding of the boulevard, and 1.5 metre (5 foot) concrete sidewalk, all to the specifications of the City Engineer. The estimated cost, including legal fees for releasing easements and/or transferring blocks, and doing the above-noted work on this street is $20,000 for which amount sufficient security is to be provided in accordance with Clause 28(a) herein. The Owner shall provide the cash to the City at the request of the City Engineer prior to assumption of this subdivision if needed by the City.

When the lands abutting this Plan of subdivision develop and the temporary turning circle is removed, the City will quit claim the easements which were used for temporary turning circle purposes which are no longer required at no cost to the City.

The Owner shall direct all construction traffic associated with this Plan to use Fanshawe Park Road East via Cedarhollow Boulevard to access this site.

The Owner shall construct or install all the following required works to the specifications of the City Engineer and in accordance with the plans accepted by the City Engineer:

(i) a concrete sidewalk along the south boulevard of Fanshawe Park Road East, across the frontage of the entire Draft Plan 39T-03518;

traffic signals at the intersection of Fanshawe Park Road East and Cedarhollow Boulevard, when deemed warranted by the City Engineer; and

channelization, including street lights and curb and gutter, on Fanshawe Park Road East at Cedarhollow Boulevard.

The Owner shall complete all work on the said street in accordance with current City standards, procedures and policies, and restore the road, and ensure that adequate precautions are taken to maintain vehicular and pedestrian traffic and existing water and sewer services at all times during construction, except as approved otherwise by the City Engineer. The Owner shall provide full-time supervision by its professional engineer for all works to be constructed on Fanshawe Park Road East in accordance with current City policies. Upon completion of these works, a Certificate of Completion of Works is to be supplied to the City Engineer, pursuant to the General Provisions and Schedule 'G' of this Agreement.

The Owner shall complete the works specified above on a schedule acceptable to the City Engineer or as otherwise specified herein. Where the Owner is required to close any City of London road section the Owner shall have available for submission to the City a Traffic Protection Plan acceptable to the City Engineer (or hislher designate), a schedule of construction for the proposed works on the above-noted street 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 Ownershall 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

(ii)

(iii)



satisfaction of the City Engineer for any construction activity that will occur on existing public roadways needed to provide services forthis Plan of subdivision. The Owner’s contractor(s) shall undertake the work within the prescribed operational constraints of the TMP. The TMP shall be submitted by the Owner at the time of submission of servicing drawings for this Plan of subdivision, and shall become a requirement of the said drawings.

Prior to the construction of works on existing City streets, the Owner shall have its professional engineer notify in writing all affected property owners of all works proposed to be constructed on existing City streets in conjunction with this subdivision in accordance with the City’s policy on “Guidelines for Notification to Public for Major Construction Projects”.

The Owner shall construct the watermains to service the Lots and Blocks in this Plan and connect them to the City’s existing water supply system, being the 200 mm (8 inch) diameterwatermain on Cedarpark Drive in Plan 33M-580, to the specifications of the City Engineer.

The Ownershall submit a report to determine if there will be sufficient waterturnover to ensure water quality and determine how many homes are required to be occupied to maintain water quality in the water supply system. If water quality can not be maintained in the short term, the Owner shall install automatic blow offs where necessary to the satisfaction of the City Engineer.

Sewage treatment capacity at the Adelaide Pollution Control Plant is available for this Plan as of May 12, 2008 and will be reserved by the City for this Plan provided this Plan and this Agreement are registered before May 12, 2009.

In the event that this Plan and this Agreement are not registered before May 12, 2009, then the reserved treatment capacity in the Plant may be forfeited in the absolute discretion of the City Engineer and in the event of such forfeiture, the Owner shall apply to the City to have sewage treatment capacity allocated to this Plan, if such capacity is available at that time.

The Owner acknowledges that sewage treatment capacity at the Adelaide Pollution Control Plant must be allocated for this Plan prior to the Owner’s application for building permits in this Plan.

The Owner shall construct the sanitary sewers to service the Lots and Blocks in this Plan and connect them to the City’s existing sanitary sewage system being the 200 mm (8 inch) diameter sanitary sewer on Cedarpark Drive in Plan 33M-580. The sanitary sewers required in conjunction with this Plan shall be sized to accommodate all upstream lands to the specifications of the City Engineer and at no cost to the City unless otherwise specified herein.

The Owner shall advise the City in writing at least two weeks prior to connecting, either directly or indirectly, into any unassurned services constructed by a third party, and shall save the City harmless from any damages that may be caused as a result of the connection of the services from this subdivision into any unassumed services.

Prior to any connection being made to an unassumed service, the following shall apply:

(i) The unassumed services must be completed and conditionally accepted by the City;

(ii) The Owner shall have a video inspection completed on all affected unassumed sewers; and

All MOE Certificates of Approval associated with the Owner‘s proposed servicing works and all applicable permits must be obtained by the Owner and be in good standing.

(iii)

The Owner shall pay a proportional share of the operational, maintenance andlor



monitoring costs of any affected unassumed sewers or SWM facilities (if applicable) to third parties that have constructed the services and/or facilities, to which the Owner is connecting. The above-noted proportional share of the cost shall be based on contributing flows for sewers or on storage volume in the case of a SWM facility. The Owner's payments to third patties, shall:

(i) commence upon completion of the Owner's service workconnections to the existing unassumed services; and

continue until the time of assumption of the affected services by the City. (ii)

Alternatively, the Owner may make private arrangements with the third parties to satisfy the above requirements, and provide details of these arrangements to the City Engineer.

With respect to any services and/or facilities constructed in conjunction with this Plan, the Owner shall permit the connection into and use of the subject services and/or facilities by outside owners whose lands are serviced by the said services and/or facilities, prior to the said services and/or facilities being assumed by the City.

The connection into and use of the subject services by an outside owner will be conditional upon the outside owner satisfying any requirements set out by the City, including the granting of any servicing easements that are required by other outside owners whose lands are to be connected to the subject services, and agreement by the outside owner to pay a proportional share of the operational, maintenance and/or monitoring costs of any affected unassumed services andlor facilities.

The Owner shall construct the storm sewers to service the Lots and Blocks in this Plan and connect them to the City's existing storm sewer system being the 1200 mm (48 inch) diameter storm sewer on Cedarpark Drive in Plan 33M-580 which outlets to the Thames River via the existing Regional Stormwater Management (SWM) Facility in Plan 33M-580.

The storm sewers required in conjunction with this Plan shall be sized to accommodate all upstream lands to the specifications of the City Engineer and at no cost to the City unless otherwise specified herein.

The Owner shall construct the proposed storm/drainage and SWM system to service the watersheds catchment area, to the satisfaction and specifications of the City Engineer and in accordance with the criteria and requirements contained in the following references:

The accepted Functional storm/drainage and SWM Servicing Report for the Kilally North Servicing Area; The servicing report confirming the storm/drainage and SWM capacity in the system for the proposed servicing; The Class Environmental Assessment (EA) for the proposed Kilally North Storm Sewer Servicing in the City of London; The City's Drainage and Waste Discharge By-Laws, lot grading standards, policies, requirements and practices, storm/drainage and SWM Design Specification Requirements, and the approved Drainage and Lot Grading Plans for this Plan; The Ministry of the Environment's (MOE) SWM Practices Planning and Design Manual; and All applicable Acts, Policies, Guidelines, standards and requirements of the applicable SWM agencies including the MOE, the Upper Thames River Conservation Authority.and all to the specification and satisfaction of the City Engineer.

In the event that there is a conflict in criteria between the multiple references, the decision of the City Engineer shall be final.

As part of the submission of servicing drawings, the Owner shall submit an erosion/sediment control plan that will identify all erosion and sediment control



measures in accordance with City and Ministry of Environment standards and requirements, all to the satisfaction of the City Engineer. This Plan shall include measures to be used during all phases of construction.

The Owner shall register against the title of Lots 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64,65, 67 and 68 in this Plan and all other affected Lots shown on the accepted plans and drawings on file in the Environmental & Engineering Services Department‘s office, and shall include in the agreement of purchase and sale forthe transfer of each of the affected lots in this Plan, a covenant by the purchaser or transferee to observe and comply with the minimum building setbacks and associated underside of footing (U.S.F.) elevations indicated on the plans accepted by the City Engineer, by not constructing any structure within the setback areas, complying with underside of footing (U.S.F.) elevations and not disturbing the catchbasin and catchbasin lead located in the setback areas, in order to protect these catchbasins and catchbasin leads from damage or adverse effects during and after construction. The minimum building setbacks from these works and associated underside of footing (U.S.F.) elevations have been established as indicated on the subdivision lot grading plan, attached hereto as Schedule “I” and on the servicing drawings accepted by the City Engineer.

The Owner shall provide and install Parson Manhole Inserts (or approved alternative satisfactory to the City Engineer) in all sanitary maintenance holes within this Plan, unless approved otherwise by the City Engineer, at the time of installation of the sanitary maintenance hole. The Owner shall remove the inserts, at no cost to the City, following sodding of the boulevards and completion of final asphalt, and priorto assumption of the street or affected portion of the street.

The Owner shall implement the requirements of the City of London concerning sedimentation and erosion control measures during all phases of construction. The owner’s consulting engineer shall have these requirements established and approved by the City Engineer, prior to any work on the site. Prior to the commencement of any grading or alteration on site, the owner shall enter into a site alteration agreement or a subdivision agreement and post the required security.

No construction or installations of any kind (eg. clearing or servicing of land) involved with this plan shall be undertaken priorto obtaining all necessary permits, approvals and/or certificates that need to be issued in conjunction with the development of the subdivision, unless otherwise approved by the City in writing; (eg. MOE Certificates; City/Ministry/Government permits: Approved Works, water connection, water-taking, crown Land, navigable waterways; approvals: UTRCA, MNR, MOE, City; etc.)

Prior to the submission of engineering drawings, the Owner shall have a report prepared by a qualified consultant, and if necessary, a detailed hydro geological investigation carried out by a qualified consultant, to determine the effects of the construction associated with this subdivision on the existing ground water elevations and domestic or farm wells in the area, to the satisfaction of the City Engineer. If necessary, the report is to also address any contamination impacts that may be anticipated or experienced as a result of the said construction. Prior to any work being done on site, any recommendations outlined in the report are to be reviewed and approved by the City Engineer. Should any remedial works be recommended in the report, the Owner agrees to complete these works to the satisfaction of the City, at no cost to the City.

Within 1 year of the registration of this Plan, the Owner shall install a 1.5 metre chain link fence without gates along the open space property lines of Lots 4 to 11, both inclusive and Lots 14 to 20, both inclusive abutting the park Block 72.

Prior to construction, site alteration and/or installation of services, the Owner shall install robust silt fencing/erosion control measures and these measures must be certified with site inspection reports submitted to the Parks Planning and Design Division weekly during development activity along the edge of Block 72.

The Ownershall not grade into any open space area. Where Lots or Blocks abut an open space area, all grading of the developing lots or blocks at the interface with the



open space areas are to match grades to maintain exiting slopes, topography and vegetation. In instances where this is not practical or desirable, any grading into the open space shall be to the satisfaction of the General Manager of Planning and Development.

The Owner shall not construct sewers on easements or on lands designed for future use as a park without the necessary approvals from the City Engineer and the General Manager of Planning and Development.

The Ownershall prepare and distribute a homeowner information package outlining stewardship of natural areas to prospective purchasers. The information package should also emphasize the impact of domestic pets on the natural areas and the limited use of pesticides and herbicides in proximity of the natural areas. The educational package shall be prepared to the satisfaction of General Manager of Planning and Development.

Within one year service, the Owner shall grade and seed the park (Block 72) to the satisfaction of the General Manager of Planning and Development.

The Owner shall install signage within the development advising purchasers of the potential for elevated levels of noise and dust from time to time from the adjacent pit operation.

The Owner shall install forced air heating with the provisions for central air conditioning for dwellings on Lots 1,2,61-71 both inclusive and the following warning clause be registered on title:

"This dwelling unit has been fitted with a forced air heating system and the ducting, etc. was sized to accommodate central air-conditioning. Installation of air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Municipality and Ministry of the Environment noise criteria.

(Note: The location and installation of the outdoor air conditioning device should be done so as to comply with noise criteria of MOE publication NPC- 216, Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject property.)"

The Owner shall register the following warning clause on title for Lots 1,2, 61 -71 both inclusive:

"Purchasers are advised that due to the proximity of the adjacent industry (aggregate extraction, processing and trucking operation), sound levels from this use may at times be audible and dust impacts may be expected."

Agenda Item # Page li 11


SCHEDULE ‘C’

This is Schedule ‘C‘ to the Subdivision Agreement, dated between the Corporation of the

City of London and Cedar Hollow Developments Limited, to which it is attached and forms a part.

SPECIAL WORKS AND SERVICES

Roadwavs

- Cedarpark Drive shall have a minimum road pavement width (excluding gutters) of 8.0

metres (26.2‘) with a minimum road allowance of 20.0 metres (66).

- Reilly Walk shall have a minimum road pavement width (excluding gutters) of 7.0 metres

(23’) with a minimum road allowance of 19 metres (62’).

Sidewalks

A 1.5 metre (5 foot) sidewalk shall be constructed on the north and east side of Cedarpark Road.



SCHEDULE "D"

This is Schedule " D to the Subdivision Agreement, dated between the Corporation of the


Prior to the Approval Authority granting final approval of this Plan, the Owner shall transfer to the

City, all external lands as prescribed herein. Furthermore, within thirty days of registration of this

Plan, the Owner shall further transfer all lands within this Plan to the City.

LANDS TO BE CONVEYED TO THE C l N OF LONDON:

0.3 metre (one foot) reserves: Blocks 73 and 74

Road Widening (Dedicated on face of plan): NIL

Walkways: NIL

5% Parkland Dedication: Block 72

Dedication of land for Parks in excess of 5%: NIL

Stormwater Management: NIL

LANDS TO BE SET ASIDE FOR SCHOOL SITE:

School Site: NIL



SCHEDULE 'E'

This is Schedule 'E' to the Subdivision Agreement, dated between the Corporation of the


The total value of security to be supplied to the City is as follows:

CASH PORTION: $ 219,989

BOND PORTION: $ 1,017,737

TOTAL $ 1,237,725

(a) agreement:

The following security shall be deposited with the City Treasurer at the time of signing this

CASH PORTION $ 21 9,989

BOND PORTION $ NIL

(b) Certificate of Conditional Approval respecting land within this subdivision.

The following security shall be deposited with the City Treasurer, before the issuance of a

CASH PORTION $ NIL

BOND PORTION $ 1,237,725

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 11" Report of the Planning Committee, and its

amendments.

Please refer to Section 9. Initial Construction of Services and Buildins Permits of Part 1 -General

Provisions, which may limit the issuance of a building permit until the security requirements have been satisfied.

The above-noted security includes a statutory holdback calculated in accordance with the

Provincial legislation, namely the CONSTRUCTION LIEN ACT, R.S.O. 1990.

Agenda Item 1 Page # 14


SCHEDULE 'F'

This is Schedule 'F to the Subdivision Agreement dated this __ between The Corporation of the


MUki-PurDOSe Easements:

(a) No multi-purpose easements shall be deeded to the City in conjunction with this Plan

Road Easements:

(a) Temporary turning circle easements shall be deeded to the City in conjunction with this Plan over part of Lot 71 within this Plan.

LOCATION MAP Subject Site: Cedarhollow Phase II File Number: 39T-03518 h a t e d By: Allister Maclean 3ate: 200804-17 Scale: 1:5000

N Corporation of the City of London Prepared By: Planning and Development

LEGEND Subject Site Parks Assessment Parcels Buildings Address Numbers

file number: 39t-03518 i meeting on ii 1 r. w. panzer...

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