town of martensville regular council meeting no… 4-07... · town of martensville . regular...

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TOWN OF MARTENSVILLE REGULAR COUNCIL MEETING NO. 21-2007

TUESDAY, SEPTEMBER 4, 2007 MINUTES

PRESENT: Mayor Giles Saulnier, Deputy Mayor Kent Muench, Councillors Terri Hetterly,

Gordon Rutten, Tyson Chillog, Travis Wiebe, Terry Kostyna (arrived at 5:10 P.M.), Directors Lorraine Postma, Bonnie Gorelitza, Mike Grosh and Town Manager Scott Blevins

ABSENT: Director of Recreation & Community Services Dave Bosch

LOCATION: Council Chambers, Civic Centre

RECORDING SECRETARY: Town Manager, Scott Blevins CALL TO ORDER: Mayor Giles Saulnier called the meeting to order at 5:03 P.M. RES#487/09042007 (Rutten/Muench) AGENDA “That we adopt the agenda dated September 4, 2007.”

CARRIED RES#488/09042007 (Wiebe/Hetterly) MINUTES – AUGUST 21, 2007 "That we accept the minutes of the Regular Meeting of Council No. 20-2007 dated August 21, 2007.”

CARRIED RES#489/09042007 (Wiebe/Muench) CORRESPONDENCE “That we acknowledge and file the Correspondence List as attached hereto and forming part of these minutes.”

CARRIED RES#490/09042007 (Hetterly/Muench) PLANNING & REGULATIONS COMMITTEE "That we accept the Planning & Regulations Committee Report No. 7- 2007 dated August 28, 2007.”

CARRIED

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TOWN OF MARTENSVILLE

REGULAR COUNCIL MEETING NO. 21-2007 TUESDAY, SEPTEMBER 4, 2007

MINUTES RES#491/09042007 (Muench/Wiebe) HOME BASED BUSINESS / 507 5th STREET NORTH / MARTENSVILLE MESSENGER “That the Town of Martensville grant a Discretionary Use Permit to the resident of the Lot 2, Block 23, Plan 80S04334, civically known as 507 5th Street North to offer a home based business from her home as a Local Newspaper Publisher , subject to the eight conditions for Home Based Businesses as listed in Part VF, Section 9 of the Zoning Bylaw.”

CARRIED RES#492/09042007 (Chillog/Wiebe) HOME BASED BUSINESS / 117 6th STREET NORTH / FAMILY HAIR DESIGN “That the Town of Martensville grant a Discretionary Use Permit to the resident of the Lot 11, Block 34, Plan 97541949, civically known as 117 6th Street North to offer a home based business from her home as a Hair Salon , subject to the eight conditions for Home Based Businesses as listed in Part VF, Section 9 of the Zoning Bylaw.”

CARRIED RES#493/09042007 (Hetterly/Chillog) HOME BASED BUSINESS / 810 SANDY RISE / SECOND NATURE LANDSCAPING “That the Town of Martensville grant a Discretionary Use Permit to the resident of the Lot 34, Block 33, Plan 101869094, civically known as 810 Sandy Rise to offer a home based business from their home as a landscaper, subject to the eight conditions for Home Based Businesses as listed in Part VF, Section 9 of the Zoning Bylaw.”

CARRIED RES#494/09042007 (Wiebe/Muench) HOME BASED BUSINESS / 508 REDDEKOPP DRIVE “That the Town of Martensville grant a Discretionary Use Permit to the resident of the Lot 39, Block 38, Plan 98SA2246, civically known as 508 Reddekopp Drive to offer a home based business from his home as a Internet Merchant, subject to the eight conditions for Home Based Businesses as listed in Part VF, Section 9 of the Zoning Bylaw.”

CARRIED

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MINUTES RES#495/09042007 (Rutten/Muench) SUBDIVISION/MR 18 CLOSURE AND SALE BYLAW/SHUYA “That we approve the subdivision of a part of MR18, Plan 97S45654 and consolidation with Lot 5, Block 37 Plan 97S45654, as shown on the Plan of Surface Subdivision prepared by George, Nicholson, Franko and Associates Ltd., and dated May 1, 2007, as attached to and forming part of these minutes.”

CARRIED RES#496/09042007 (Wiebe/Hetterly) RCMP COUNCIL REPORT “That we accept the RCMP Council Report dated September 4, 2007.”

CARRIED RES#497/09042007 (Wiebe/Muench) TOWN MANAGER’S REPORT “That we accept the Town Manager’s Report dated September 4, 2007.”

CARRIED RES#498/09042007 (Wiebe/Rutten) EXPENDITURE APPROPRIATION "That we authorize Expenditure Appropriation No. 21-2007, in the amount of $539,914.01, as attached hereto and forming part of these minutes."

CARRIED RES#499/09042007 (Rutten/Wiebe) STATEMENT OF REVENUES AND EXPENDITURES "That we accept the Statement of Revenues and Expenditures for August 2007."

CARRIED RES#500/09042007 (Rutten/Wiebe) SPECIAL EVENT PERMIT/MARTENSVILLE MINOR HOCKEY “That we grant a Special Event Permit to the Martensville Minor Hockey to be held at the Sports Centre on September 21 & 22, 2007, in accordance with their application as attached hereto and forming part of these minutes.”

CARRIED

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MINUTES RES#501/09042007 (Hetterly/Wiebe) PARKS & GREEN SPACE DEVELOPMENT POLICY “That we accept the proposed Parks and Green Space Development Policy, as amended.”

CARRIED RES#502/09042007 (Chillog/Wiebe) 2006 AUDITED FINANCIAL STATEMENTS; “That we accept the 2006 Audited Financial Statements for the period ending December 31, 2006 as attached hereto and forming part of these minutes.”

CARRIED RES#503/09042007 (Rutten/Wiebe) DEVELOPMENT AND SERVICING AGREEMENT “That we approve Schedule “D” for Developers, Schedule “D” for Owners and Schedule “F” as the standard for Development and Servicing Agreements, as attached and forming part of these minutes.”

CARRIED RES#504/09042007 (Kostyna/Wiebe) BYLAW NO. 36-2007 (FIRST READING) “That Bylaw No. 36-2007, being a Bylaw of the Town of Martensville to Provide for the Sale of Dedicated Lands, be read for the first time.”

CARRIED RES#505/09042007 (Hetterly/Wiebe) BYLAW NO. 36-2007 (SECOND READING) “That we read Bylaw No. 36-2007 for the second time.”

CARRIED RES#506/09042007 (Muench/Wiebe) BYLAW NO. 36-2007 (THREE READINGS) “That we give Bylaw No. 36-2007 three readings at this meeting.” CARRIED UNANIMOUSLY

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MINUTES RES#507/09042007 (Rutten/Wiebe) BYLAW NO. 36-2007 (THIRD AND FINAL READING) “That Bylaw No. 36-2007, being a Bylaw of the Town of Martensville to Provide for the Sale of Dedicated Lands, be read for a third and final time.”

CARRIED RES#508/09042007 (Rutten/Muench) BYLAW NO. 38-2007 (FIRST READING) “That Bylaw No. 38-2007, being a Bylaw of the Town of Martensville to Authorize a Special Assessment with Respect to the Undertaking of Water Mains as a Local Improvement on 1st Avenue North, be read for the first time.”

CARRIED RES#509/09042007 (Wiebe/Hetterly) BYLAW NO. 38-2007 (SECOND READING) “That we read Bylaw No. 38-2007 for the second time.”

CARRIED RES#510/09042007 (Wiebe/Muench) BYLAW NO. 38-2007 (THREE READINGS) “That we give Bylaw No. 38-2007 three readings at this meeting.” CARRIED UNANIMOUSLY RES#511/09042007 (Kostyna/Muench) BYLAW NO. 38-2007 (THIRD AND FINAL READING) “That Bylaw No. 38-2007, being a Bylaw of the Town of Martensville to Authorize a Special Assessment with Respect to the Undertaking of Water Mains as a Local Improvement on 1st Avenue North, be read for a third and final time.”

CARRIED

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MINUTES RES#512/09042007 (Chillog/Hetterly) BYLAW NO. 39-2007 (FIRST READING) “That Bylaw No. 39-2007, being a Bylaw of the Town of Martensville to Authorize a Special Assessment with Respect to the Undertaking of Sewer Mains as a Local Improvement on 1st Avenue North, be read for the first time.”

CARRIED RES#513/09042007 (Muench/Wiebe) BYLAW NO. 39-2007 (SECOND READING) “That we read Bylaw No. 39-2007 for the second time.”

CARRIED RES#514/09042007 (Wiebe/Muench) BYLAW NO. 39-2007 (THREE READINGS) “That we give Bylaw No. 39-2007 three readings at this meeting.” CARRIED UNANIMOUSLY RES#515/09042007 (Hetterly/Wiebe) BYLAW NO. 39-2007 (THIRD AND FINAL READING) “That Bylaw No. 39-2007, being a Bylaw of the Town of Martensville to Authorize a Special Assessment with Respect to the Undertaking of Sewer Mains as a Local Improvement on 1st Avenue North, be read for a third and final time.”

CARRIED RES#516/09042007 (Kostyna/Muench) BYLAW NO. 40-2007 (FIRST READING) “That Bylaw No. 40-2007, being a Bylaw of the Town of Martensville to Authorize a Special Assessment with Respect to the Undertaking of Service Connections as a Local Improvement on 1st Avenue North, be read for the first time.”

CARRIED RES#517/09042007 (Chillog/Wiebe) BYLAW NO. 40-2007 (SECOND READING) “That we read Bylaw No. 40-2007 for the second time.”

CARRIED

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MINUTES RES#518/09042007 (Chillog/Muench) BYLAW NO. 40-2007 (THREE READINGS) “That we give Bylaw No. 40-2007 three readings at this meeting.” CARRIED UNANIMOUSLY RES#519/09042007 (Hetterly/Chillog) BYLAW NO. 40-2007 (THIRD AND FINAL READING) “That Bylaw No. 40-2007, being a Bylaw of the Town of Martensville to Authorize a Special Assessment with Respect to the Undertaking of Service Connections as a Local Improvement on 1st Avenue North, be read for a third and final time.”

CARRIED RES#520/09042007 (Chillog/Muench) BYLAW NO. 43-2007 (FIRST READING) “That Bylaw No. 43-2007, being a Bylaw of the Town of Martensville to Amend the Economic Development Tax Exemption Bylaw, be read for the first time.”

CARRIED RES#521/09042007 (Chillog/Muench) BYLAW NO. 43-2007 (SECOND READING) “That we read Bylaw No. 43-2007 for the second time.”

CARRIED RES#522/09042007 (Hetterly/Chillog) BYLAW NO. 43-2007 (THREE READINGS) “That we give Bylaw No. 43-2007 three readings at this meeting.” CARRIED UNANIMOUSLY RES#523/09042007 (Kostyna/Rutten) BYLAW NO. 43-2007 (THIRD AND FINAL READING) “That Bylaw No. 43-2007, being a Bylaw of the Town of Martensville to Amend the Economic Development Tax Exemption Bylaw, be read for a third and final time.”

CARRIED

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MINUTES RES#524/09042007 (Chillog/Wiebe) BYLAW NO. 45-2007 (FIRST READING) “That Bylaw No. 45-2007, being a Bylaw of the Town of Martensville to Amend Bylaw 2-88, Known as the Zoning Bylaw, be read for the first time.”

CARRIED • Delegation 6:20 pm:

- Daren Hook – Mr. Hook addressed Council regarding the recent sewer backups and ground water concerns in Martensville. Asked to confirm or deny that money had been given to the Town to fix the problems. Reported to Mr. Hook by two former Councillors and Provincial Environment Department. Wants to know why nothing has been done over the last two years to fix the problem. Calls are made to staff and different answers were received. Felt they were ignored when the water was rising, pumps were not started, etc. Mr. Hook stated that it is time for the Town to accept responsibility for the problems. Questioned whether or not the current size of pipes are too small for the area. Mr. Hook would like to see the Town set up a program to compensate home owners to install backflow valves and sump pumps (similar to Saskatoon).

- Wendy Novakovski – Suffered through the same problems 20 years ago and was told

at that time it would be fixed and still nothing has been done. Ms. Novakovski stated that the residents are going to problems getting insurance, especially when it happens 3 times in 2 years. This is more than an inconvenience, cannot sell her house, who would buy it. There has got to be a remedy for this. She stated that she will be installing a backflow valve and a sump pump.

- Gail Fitzsimmons – Ms. Fitzsimmons stated that the Town should be installing storm

sewers. She had problems in June but nothing in August.

- Nester Shuya – Mr. Shuya stated if manpower is a problem to have a plan to call for outside help (professional help).

- Barry Stubbington – Mr. Stubbington stated that he was told when the water was

rising in his house that the lift station still had about 3 feet of capacity left. Water was already in the house. Why was pumping not started immediately? Want answers on how this is going to be fixed.

- Bob Reiber – Mr. Reiber stated that he believed that the South development grading caused the problems with the ground water on Fehr Crescent. The ditch that was

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previously there had been filled in and the Town should ensure the ditch is maintained at all times.



- Bill Hayes – Mr. Hayes was not sure if he had ground water or sewage in August, he

has installed a backflow valve since the June problem he suffered. He asked why a lift station could not be installed for the 4th Street South area.

- Bev Hook – Ms. Hook asked why volunteers could not be trained to man the pumps

when this occurs and the Town has problems finding staff. She stated that she would like to see the engineer report to repair this problem.

- Delores Nicholson – Ms. Nicholson believes the water problems are caused by the

new developments in the area and the drainage in those areas.

- Twyla Hayes – Ms. Hayes believes the Town should compensate the residents by paying deductibles or some sort of financial help.

- Pat Gill – Ms. Gill stated that she has to pay a portion of the 4th Street South

extension (local improvement) and asked if everyone else will have to contribute to paying for this.

- Tom Warren – Mr. Warren used to pay $600 for insurance, his new rate will be over

$1000 and this will continue for a few years until the claims free period expires.

- Mayor Saulnier thanked the residents for attending. Administration will discuss the possible solutions with the engineer. A report will be prepared and forwarded to residents that attended the meeting. Council would like this done prior to September 21, 2007.

9 (A) Strategic Planning Dates – Council agreed with the Town Manager to reschedule the date

from November to October 10 at 5:00 pm. This will replace the regular scheduled Committee of the Whole Meeting. Council agreed to have someone moderate the session. The Town Manager will look for a suitable person.

9 (B) Cherished Memories – Council reviewed the memo from the Town Manager.

Administration was directed to bring a motion to the next council meeting for the tax incentive.

9 (C) Agenda – The future agenda formats were discussed. The Town Manager is

recommending that the Town Manager’s report be changed into presented quarterly reports from the Manager and Department Heads (include RCMP and Fire Department).

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RES#525/09042007 (Muench/Wiebe) ADJOURN "That we adjourn this meeting at 8:15 P.M.”

CARRIED

_______________________________

MAYOR

_______________________________ TOWN MANAGER

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TOWN OF MARTENSVILLE REGULAR COUNCIL MEETING 21-2007

TUESDAY, SEPTEMBER 4, 2007

INCOMING - CORRESPONDENCE

INCLUDED

DATE COMPANY ITEM IN BINDER

17-Aug-07 Martensville Housing

Authority Resignation Letter Yes

OUTGOING - CORRESPONDENCE

24-Aug-07 Martens Warman Funeral Home

Tax Incentive Yes

EXPENDITURE APPROPRIATION NO. 21 -

2007

TOWN OF MARTENSVILLE TUESDAY, SEPTEMBER 4, 2007 CHK# SUPPLIER AMOUNT 6743 (PETTY CASH), ANGIE OTTEN $ 670.39 6744 AIM ELECTRIC LTD. $ 254.40 6745 AIR LIQUIDE CANADA INC $ 229.63 6746 B & B TRUCK REPAIRS LTD $ 164.84 6747 BALAZSI, JOHN $ 175.85 6748 BLEVINS, SCOTT $ 50.00 6749 BLUE CROSS $ 776.55 6750 BOSS LUBRICANTS $ 397.50 6751 BRIDGE CITY MECHANICAL L $ 200.00 6752 CENTURY VALLEN $ 200.06 6753 CHECKERED FLAG AUTOMOTIVE $ 38.34 6754 CITI-COMMERCE SOLUTIONS $ 1,213.42 6755 CLEARTECH INDUSTRIES INC $ 55.12 6756 CP DISTRIBUTORS LTD $ 241.98 6757 CU CREDIT MASTERCARD $ 275.02 6758 DATAMARK SYSTEMS $ 427.41 6759 EASTSIDE PAINT & WALLPAP $ 166.45 6760 ELJAY IRRIGATION LTD $ 31.24 6761 EXPERT LOCKSMITHS LTD $ 89.04 6762 FARM & GARDEN CENTRE LTD $ 306.40 6763 FAST, ROSEMARY $ 360.00 6764 FLAMAN SALES LTD $ 151.99 6765 FORT GARRY INDUSTRIES LTD $ 127.34 6766 GENERAL PAINT $ 429.32 6767 GOSSEN, RUSS AND GOSSEN, $ 3.97 6768 GREENHOUGH, CLINT $ 324.00 6769 GROSH, MIKE $ 45.89 6770 HUB AUTOMATIC TRANSMISSI $ 12.21 6771 HUSKY OIL MARKETING COMP $ 1,753.00 6772 IMPERIAL OIL $ 1,698.05 6773 INLAND AGGREGATES LTD $ 3,078.57 6774 JANITORS' WAREHOUSE LTD $ 307.81 6775 JANKOSKI, TERESA $ 49.00 6776 JENSEN STROMBERG C.A. $ 8,880.00 6777 K & M CLASSICS AUTOBODY $ 212.13 6778 KINZEL, BRIAN $ 127.38 6779 KONICA MINOLTA BUSINESS $ 1,065.60 6780 LORAAS DISPOSAL SERVICES $ 1,253.41 6781 MAXIMUK, ROBERTA $ 80.00 6782 MEPP $ 4,240.90 6783 MUNHOLLAND, JONAH $ 400.00 6784 NAPA AUTO PARTS $ 1,063.43 6785 OLD DUTCH FOODS LTD. $ 512.11 6786 PEAVEY MART SASKATOON $ 54.35 6787 PETE, CHARLENE $ 35.99

6788 PRINCESS AUTO LTD $ 60.79 6789 RECEIVER GENERAL - ATTN: $ 104,913.79 6790 REDHEAD EQUIPMENT LTD $ 120.73 6791 SASK WATER CORPORATION $ 109,537.23 6792 SASKATCHEWAN ASSOCIATION $ 190.00 6793 SASKATCHEWAN RESEARCH CO $ 69.18

CHK# SUPPLIER AMOUNT 6794 SAULNIER, GILES $ 35.00 6795 STAPLES - CITI COMMERCE $ 77.69 6796 SUDDEN FUN REC.EQUIP.LTD $ 2,849.28 6797 SUMA $ 880.90 6798 WAL-MART $ 478.77 6799 WEED MAN $ 36.04 6800 WOLSELEY WATERWORKS GROUP $ 7,981.22 6801 WSSL AUTO PARTS $ 49.00 6802 XEROX CANADA LTD. $ 975.47 6803 YOUR DOLLAR STORE WITH M $ 24.99 6804 WOIDEN CONSTRUCTION LTD. $ 242,260.96

TOTAL $ 502,771.13 PAYROLL (PAY PERIOD #17) Pay Period #17

DEPARTMENTS AMOUNT General Government $ 6,784.01 Protective Services $ 905.77 Planning & Regulations $ 4,017.84 Recreation & Community & Services $ 9,825.24 Transportation Services $ 9,216.04 Environmental Health Services $ 1,023.80 Water & Sewer $ 3,597.11 Council $ 1,773.07 TOTAL $ 37,142.88 EXPENDITURE GRAND TOTAL $ 539,914.01

POLICY AND PROCEDURE TOWN OF MARTENSVILLE NAME: PARKS & GREEN SPACE POLICY NUMBER: 72-07

PURPOSE To provide a standard level of development guidelines to which all future parks and green space areas must de developed. To provide a minimum level of parks and green space requirements for all multi-lot subdivisions in the Town of Martensville. This policy does not deal with the development guidelines regarding the Opimihaw Creek. PARK/GREEN SPACE CLASSIFICATIONS Park and green spaces shall be identified by requirements regarding the size, features and location. The park types to be recognized by the Town of Martensville shall include: Linear Parks – Linear parks are areas utilized to link and provide pedestrian (including bicycle) access throughout the community to include schools, recreational facilities, recreational and green space areas as well as commercial areas. These areas will provide pedestrian access to and from adjacent as well as other neighborhoods, including access in cul-de-sacs, courts, crescents and bays. Linear parks are areas that are removed away from vehicular traffic to allow for safe and convenient pedestrian movement and access. Tot Lot (Pocket) Parks – These parks serve as a recreational service to the surrounding residents located near the periphery of a neighborhood or sub-division. These parks are by in nature passive recreational sites with aesthetic qualities and include play structures, walkways, planting areas and public seating. District/Neighborhood Parks – These parks are designed to serve a broader range of population in excess of three thousand individuals. These parks are to be centrally located within these neighborhoods. The services that are provided include active and passive recreational activities such as sports fields, spray parks (paddling pool), play structures, family picnic areas and park furniture throughout the park. These parks may be located near facilities such as schools and other recreational areas to serve a larger user area.

PARK/GREEN SPACE GENERAL DEVELOPMENT STANDARDS All park and green space development must include the following standards: 1. Public Safety

• Park boundaries are to be designed to provide optimal visual access to park, to include perimeter fencing.

• Plantings including topography are to allow for park facilities and pathways to be visible from adjacent streets and alleys.

• All equipment and parks features must be approved by the Town of Martensville Recreation and Community Services Department.

• All parks will have adequate lighting to ensure public safety and to decrease vandalism. • Pathways within the parks system will be designed to provide an adequate surface for

pedestrian and bicycle traffic. 2. Environmental

• Park areas that are designed in natural settings must insure that all environmental issues are considered.

• Park development in natural settings will be designed to incorporate the natural area in the park development and usage plan.

3. Play Structures & Features

• All play structures must conform to the CSA standards code. • All play structures and park features shall be designed to accommodate the type of

programming and activities for that park. • All play structures and areas will be designed to be accessibility inclusive to

accommodate those with special need requirements.

4. Accessibility • The parks and green spaces will be designed to provide an inclusive play environment for

all individuals including those who are physically, sensory or developmentally handicapped.

5. Parking

• Provision of adequate parking on site or through utilization of joint-use parking in collaboration with school sites or other recreational facilities.

LINEAR PARK DEVELOPMENT STANDARDS 1. Function

• To provide areas that are available for walking, running, bicycling and winter activities such as x-country skiing including wheelchair travel.

• To provide pedestrian traffic from neighborhoods to other recreational facilities and commercial sites through the above means of traffic.

• To provide rest areas along the parks system. • To provide opportunities for the appreciation of natural features within the area.

2. Size

• Width to be a minimum of 15 metres. • Length of linear park to be appropriate to area being developed. The linear parks could

tie into adjacent developments. 3. Access, Visibility and Safety

• Access points are to be located in locations that discourage mid-block crossings of collector or arterial roads. Mid-block crossings may be permitted with appropriate pedestrian crossing signage.

• Adequate lighting along the pathways to ensure a standard so that shadow areas do not impede actual or perceived public safety.

• All plantings and landscape features to be located so that the natural surveillance is not interrupted and entrapment areas are minimized.

TOT LOT (POCKET) PARK DEVELOPMENT STANDARDS 1. Function

• To provide and distribute park space within easy pedestrian access of all residents to a general standard of a 400 metre maximum distance from any residential property throughout the community.

• Intended to serve the park requirements of an area 400 metres in diameter or less. • To serve primarily for passive recreation for all ages with the ability for creative play

through play structure(s) intended for pre-school and elementary school aged children. This equipment shall be made wheelchair accessible.

• To provide park features for sitting.

2. Size • Minimum width 15 metres – Minimum length 35 metres

3. Location • These parks to be located so that residents are within a 400 metre radius. • To be located on local or collector streets, not arterial if possible. • To be generally located in different parts of the neighborhood from each other, and from

core park areas to achieve optimal distribution and accessibility of open space in the neighborhood.

4. Access, Visibility and Safety

• Interior of site to be 100% visible from street. • All play equipment to meet CSA standards. • Park access will be available from both the front (local/collector street) and rear lane. • Adequate lighting within park to ensure public safety.

NEIGHBORHOOD (DISTRICT) CORE PARK DEVELOPMENT STANDARDS 1. Function

• To serve the active and passive recreational needs of a neighborhood unit and in addition all of the town residents (approx., 3-5,000 population).

• To serve as an expanded park facility for the schools.

• To accommodate community sports leagues for youth and adults. • To accommodate additional athletic needs of schools and local sports programs. • To accommodate structures for active recreational activities. • To serve as a gathering area for special event programming and area for residents to

gather to socialize.

2. Size • Minimum 5 acres.

3. Location • Located as close to centre of population area served. • Located on collector or arterial street wherever possible.

4. Access, Visibility & Safety • To provide adequate on site parking as well as off street parking available. • Access points to these parks to be sited in locations that discourage uncontrolled mid-

block crossings of collector or arterial streets. Mid-block crossings may be permitted with appropriate pedestrian markings.

• Trees, shrubs and landscape features to be located so that natural surveillance is not interrupted and entrapment areas are minimized.

• Adequate lighting along any pathways that may be part of this park system.

LINEAR PARK STANDARDS 1. Width 15 metres

2. Landscaping 6 inches clean topsoil.

Western park grass seed. 1.5 metre asphalt pathway. Mix of deciduous and coniferous trees and shrub plantings with 4 inches of

mulch including drip line irrigation. Mild undulation of land placement Irrigation system.

3. Features Lighting at entrance and exit point of park. Additional lighting as required to provide for safety and security. Standard benches and garbage receptacles as approved by the Town of

Martensville. Signage indicating park usages. Perimeter fencing.

TOT LOT (POCKET) PARK STANDARDS 1. Area 15 metres by 36 metres

2. Landscaping 6 inches topsoil. Western park grass seed. Irrigation system. Sand or tire crumb surfacing under play structures. Tree, shrub and flower plantings as approved by the town.

3. Features Lighting as required to provide for safety and security. CSA approved play structure or play apparatus (swings, slides). Play areas to be wheelchair accessible. Park Bench and garbage receptacle as per town standard. 1.5 metres asphalt pathways. Perimeter fencing.

NEIGHBORHOOD (DISTRICT) CORE DEVELOPMENT PARK STANDARDS 1. Area 5 – 10 acres.

2. Landscaping 6 inches topsoil. Western park grass seed. Irrigation system. Tress, shrub and flower plantings as approved by the town. 1.5 metres asphalt pathway. 3. Features Lighting as required to provide for safety and security. CSA approved play structure or play apparatus (swings, slides). Play areas to be wheelchair accessible. Park bench(s) and garbage receptacle(s) as per town approved. Ball, soccer, football playing field(s). Spray park. Parks to be connected to the linear park system. Parks to have passive area. Pathway termination points and street crossings shall be located at

intersections. Perimeter fencing.

RETENTION POND

LANDSCAPING STANDARDS

1. Slope 5 or 6 to 1 - Developer 2. 6 inches clean topsoil – undulating landscape - Developer 3. Western park grass seed - Developer 4. Aeration fountain including power hook-up - Developer OR 1. Slope 5 or 6 to 1 - Developer 2. First 6 feet from water – shore stabilizer fabric - Developer and 3 inches washed rock. 3. Remaining landscape - 6 inches topsoil - Developer with undulating landscape. 4. Western park grass seed - Developer 5. Aeration fountain including power hook-up - Developer AND 6. Pathways – width 1.5 metres (crusher dust or asphalt) - Town 7. Lighting – benches – garbage receptacles - Town 8. Tree, shrub and flower plantings w/mulching - Town 9. Irrigation - Town

CULVERT – INLET/OUTLET LANDSCAPING STANDARDS

1. Shore stabilizer fabric – 30 foot radius of culvert - Developer 2. Riprap – 30 foot radius of culvert - Developer OR Concrete casing of culvert - Developer 3. Security fencing or railing(if required– top and sides) - Developer

LINEAR PARKS/DRAINAGE WAYS LANDSCAPING STANDARDS

1. Slope 5 or 6 to 1 - Developer 2. Undulating mounds throughout drainage way - Developer 3. 6 inches clean topsoil - Developer 4. Western park grass seed - Developer 5. Pathways - width 1.5 metres asphalt - Town 6. Lighting – benches – garbage receptacles - Town 7. Tree, shrub and flower plantings w/mulch - Town 8. Irrigation - Town COUNCIL ADOPTING RESOLUTION: #501/09042007 DATE: September 4, 2007

Schedule “F”

SERVICING DEVELOPMENT STANDARDS

RE: DEVELOPMENT AND SERVICING AGREEMENT BETWEEN: The Town of Martensville, per: ____________________________________ AND OWNER: >., per: _______________________________ DATED: The ______________ day of __________________, A. D. 2004

MINIMUM DESIGN STANDARDS FOR LOCAL IMPROVEMENTS FOR DEVELOPMENTS BY PRIVATE DEVELOPERS IN THE TOWN OF MARTENSVILLE

PRELIMINARY PROPOSAL FOR DEVELOPMENT Development of new areas requires the approval of the Town Council. It should be clear to the Developer that the Town wishes to be fully informed in regard to the proposed development prior to granting approvals for the Subdivision. To this end the Developer is requested to present his proposal to the Town for study and advice prior to approval in principle of the subdivision and development. Prior to any development taking place, the Developer shall submit a preliminary proposal of development to the Town. The proposal shall include pertinent information as to standards of construction, requirements for capacity of water mains, sewer mains, roadways, street patterns, utility easements and other significant aspects relating to the proposed development. The preliminary proposal shall include plans of the proposed development at a scale of 1:1000 outlining the concept of lots, blocks, and street patterns. The following shall be included on the plans:

1. Contours and existing land surface relative to geodetic and elevation datum. 2. Extent and size of water mains. 3. Extent and size of sanitary sewer mains. 4. Curb-to-curb road widths. 5. Any other information that the Developer considers necessary to aid the Town in assessing

and considering the proposed development.

At such time as the Town approves the Preliminary Report along with required revisions, amendments or deletions, the Developer may proceed with the detailed design and preparation of plans and specifications for Local Improvements. The Developer shall submit to the Town four complete sets of plans and specifications for all Local Improvement Construction proposed. No construction shall commence or be undertaken until the plans and specifications have been approved in writing by the Town. Prior to the commencement of the construction of Local Improvements, the Developer shall provide two permanent reference points in the Development Area. The elevation of each reference point shall be established to a geodetic datum. These reference points shall be available for use for all construction activities in the Development Area. All services to be installed by the Developer shall be installed in such a manner as to least interfere with the existing services and any cost incurred by the Town on account of the installation of services by the Developer shall be charged to the Developer who will pay the Town promptly for such expenditures incurred. Upon completion of the construction of the Local Improvements the Developer shall submit to the Town, two sets of prints and one reproducible set of as-built plans of the works completed. These plans shall be in a form and to the detail required by the Town. CLOSING OF ROADS FOR EXISTING FACILITIES The Town shall be notified in writing twenty-four (24) hours in advance of any closing of developed Town streets or shutting off of existing facilities. Notification shall be given to the Town when these streets are open to traffic and services are back in operation. ROAD CROSSINGS Developed roads shall be returned to their original conditions. Where it is necessary to excavate across an existing road or lane, excavations shall be backfilled and compacted to the satisfaction of the Town. STANDARDS Outlined herein are the standards intended to be the minimum standards for the construction of all Local Improvements. It shall be the developers responsibility to develop the subdivision in accordance with standards which are acceptable to the Town and which conform to good engineering and construction practices. TOPSOIL REMOVAL The topsoil shall be stripped from all road right-of-ways and lanes prior to construction of any utilities.

BACKFILL All utility trench backfill shall be compacted to a minimum of ninety-five (95%) percent of the Standard Proctor Density. WATER DISTRIBUTION SYSTEM The water distribution system shall be adequate to supply the peak hourly demands or the peak day demands plus fire flows, whichever is greater. Fire flow requirements shall be as recommended by the Insurers Advisory Organization. WATER MAINS

• Minimum size of pipe shall be 150 mm inside diameter.

• Main sizes may be increased or decreased by the Town at their discretion. • Mains shall be located either within the roadway or boulevard and at least 2.0 meters horizontally

from any proposed sidewalk, curb or other service structure. • Mains shall be installed to provide a minimum depth of cover of 3.0 meters below final finished

grade. • Sand bedding 100 mm below the pipe and at half way up the pipe for the full trench width shall be

provided on all mains. • Pipe for water mains shall be AWWA-C900-81 PVC pipe complete with factory installed

elastomeric gaskets, or as otherwise approved. • Water mains shall be augured or tunneled under existing or future walks, curbs or swales. • The ends of stub pipes shall be marked with a 38mm x 89mm wooden marker extending from the top

of the stub pipe to 600mm above finished grade.

HYDRANTS • Maximum spacing of hydrants shall be such that the curb in front of any dwelling is no more than 120.0 meters from any hydrant, as measured along the traveled road surface. • Hydrants shall be compression type of the same style and make as presently exists in the Town and

shall include: • Two (2) - 64mm hose nozzles and one (1) 114mm pumper nozzle. • Operating nuts and threads shall match existing hydrants in the Town. • Hydrant leads shall be augured or tunneled under existing or future walks. • A 10.88kg (24 lb.) zinc anode shall be attached to hydrants.

VALVES

• Valves shall be provided on the mains so that no more than three (3) valves are closed to isolate any one section of water main. Valving shall be provided such that only one hydrant is isolated at any one time.

• Valves shall be located at the extension of the street property lines at street intersections or as otherwise approved by the Town. • Valves on hydrant leads shall be located in the roadway. • Valves shall be iron body, be resilient seated gate valves conforming to AWWA C509-87, counter

clockwise opening, with ends to suit the pipe.

• Valve boxes shall be complete with 25mm square solid steel operating extension stems, stone disc and operating nut with shirt. • The top operating nut shall be within 300 mm of design grade. • A 5.44kg zinc (12 lb.) anode shall be attached to valves.

WATER SERVICE CONNECTIONS

• All pipes shall be installed in an augured excavation beneath all future sidewalks and curbs. • Service pipe from the main property line shall have a minimum depth

cover of 2.800 meters from finished grade.

• Service connections shall be located 2 metres from the front corner of the lot as shown on Schedule C-5 and 300mm outside the front property of the lot.

• Water Service pipe shall be 25mm ASTM D2737 SDR 9 polyethylene tubing or otherwise as approved.

• Service boxes shall be set vertical with the tops at the sidewalk elevation. At the time of sidewalk construction, the letters “CC” shall be neatly marked into the concrete directly opposite each service box.

• Curb stop stem shall be stainless steel. Sacrificial anodes shall be installed on the curb stop box. The bottom 1.5 metres of the curb stop box wrapped with denso tape.

• Water service pipe shall be wrapped with 50mm rigid insulation. • The Public Works Department must be contacted for assessment for

any new service connection prior to installation or reuse of any existing service connection. Old connections that are not re-used will have to be cut off at the mains.

DUPLEX /MULTIPLE UNIT DWELLING CONNECTIONS The Public Works Department must be contacted regarding new service connection requirements prior to installation or reuse of any existing service connections. All semi-detached dwellings must have separate service connections to the mains for each dwelling unit. Any duplexes that may be subdivided at a future date will also require separate connections to the mains for each unit. Old connections that are not re-used will have to be cut off at the mains. Multiple unit dwellings with individual meters for each dwelling unit must provide a separate heated meter room. A key must be provided to the Town to access this room for meter reading and for the turning on and off of each individual meter as necessary. Individual meters will not be installed within dwelling units. Multiple unit dwellings with one meter for the entire building will not be billed individually.

CURB CONNECTION AND DRIVEWAY LOCATION A $5000 surety bond will be charged for the misplacement of the driveway over the curb box connection as per the Curb Box and Attached Garage Layout for that property. The surety bond shall be held in a town account in perpetuity for the repair of driveways damaged by the Town or their representatives as a curb box or water line malfunction was repaired; and the water meter shall not be installed until the penalty has been paid to the Town. TESTING

• Testing of the water distribution system shall be carried out after the service connections are installed according to AWWA Specifications. Leakage testing shall be carried out to a pressure of 1035 kPa.

• Provide chlorine residual and bacterial testing results.

SANITARY SEWAGE COLLECTION SYSTEM • The sanitary sewage collection system shall be of a sufficient capacity to carry peak hourly sewage flows plus infiltration.

SEWER MAINS

• Minimum size shall be 200mm diameter. • Main sizes may be increased by the Town as considered necessary. • Sewer Mains shall be PVC sewer pipe conforming to ASTM D3034, DR35 or as otherwise

approved. • Mains shall be located within the roadway or boulevard and at least 2.0 meters horizontally from any

proposed sidewalk, curb or other service structure. • Mains shall be installed to provide a minimum depth to invert of 2.8 meters from finished grade.

Shallower pipes shall require the approval of the Town. • Pipes shall be bedded in sand from 100 mm below the pipe halfway up the pipe for the full trench

width. Improved foundations shall be provided where soil conditions require same. • Sewer mains shall be augured or tunneled under existing or future walks, curbs or swales. • The ends of stub pipes shall be marked with a 38mm x 89mm wooden marker extending from the top

of the stub pipe to 600mm above finished grade. MANHOLES

• Manhole bodies shall be of pre-cast concrete sections with a minimum inside diameter of 1050 mm. • Manhole steps shall be of steel safety steps galvanized after fabrication. • Frames and covers shall be of cast iron and asphalt dipped. Norwood F-39 or as otherwise approved. • Maximum spacing between manholes shall be 110 meters.

SEWER SERVICE CONNECTIONS

• All pipes shall be installed in an augured excavation beneath all future sidewalk and curbs.

• Service pipe at the front property line of each lot shall have a minimum depth of 2.8 meters below final lot grade.

• Service pipe shall be of a minimum of 100 mm diameter. • Service pipe shall be of PVC or as otherwise approved. • Service pipe shall be connected to the sewer main with an approved saddle. • The Public Works Department must be contacted for assessment for

any new service connection prior to installation or reuse of any existing service connection. Old connections that are not re-used will have to be cut off at the mains.

DUPLEX /MULTIPLE UNIT DWELLING CONNECTIONS The Public Works Department must be contacted regarding new service connection requirements prior to installation or reuse of any existing service connections. All semi-detached dwellings must have separate service connections to the mains for each dwelling unit. Any duplexes that may be subdivided at a future date will also require separate connections to the mains for each unit. Old connections that are not re-used will have to be cut off at the mains. Multiple unit dwellings with individual meters for each dwelling unit must provide a separate heated meter room. A key must be provided to the Town to access this room for meter reading and for the turning on and off of each individual meter as necessary. Individual meters will not be installed within dwelling units. Multiple unit dwellings with one meter for the entire building will not be billed individually.

CURB CONNECTION AND DRIVEWAY LOCATION A $5000 surety bond will be charged for the misplacement of the driveway over the curb box connection as per the Curb Box and Attached Garage Layout for that property. The surety bond shall be held in a town account in perpetuity for the repair of driveways damaged by the Town or their representatives as a curb box or water line malfunction was repaired; and the water meter shall not be installed until the penalty has been paid to the Town. ROADS GENERAL All lanes shall be graveled and all streets paved. Concrete curbs and gutters, (and monolithic sidewalks) shall be constructed according to approved plans. GEOMETRIC DESIGN STANDARDS (A) Curb to curb width of all streets shall be determined by the Town at the time application is approved.

Width of collector and arterial streets shall be as designated by the Town. (B) GRADES

• Minimum gutter grades around curves shall be 0.50%. • Minimum gutter grades straight sections shall be 0.30%. • All roads shall be crowned on a slope of 3%. • Surface drainage will be carried across streets at intersection in concrete swales.

(C) STREETS

All streets shall be constructed as follows:

SUBGRADE: remove organic or otherwise unacceptable sub-grade material replace with acceptable material compacted in 150 mm lifts to a minimum of 98% of the Standard Proctor Density. Top 150 mm of Sub-grade compacted to a minimum of 100% of Standard Proctor Density and graded to within 20 mm of final cross section and grade.

BASE: 1). Local Streets

150 mm of crushed gravel base course with a minimum CBR of 65 compacted to a minimum of 100% Standard Proctor Density.

2). Collector and Arterial Streets

150 mm of good quality, well-graded pit-run gravel or sub-base material with a minimum CBR of 25 and 150 mm of crushed gravel as described above.

ASPHALT SURFACING

1). Local Streets 50 mm of hot mix asphalt surface course with fog coat on the surface

2). Collector and Arterial Streets 75 mm of hot mix asphalt surface course with fog coat on the surface

• Prime approved base surface with approved priming materials, prior to placing hot asphalt. • All hot mixed asphalt shall comply with Saskatchewan Highways specification 410 . • Aggregate to be type 71 gradation. • Asphalt binder to be 150-200A penetration. • Air voids in compacted mix to be 2 percent to 4 percent. • Density of finished pavement to be minimum 97 percent of Marshall Density.

(D) GRAVELED LANES

All lanes shall be constructed as follows: • 150 mm compacted sub-grade • 50 mm compacted crushed gravel

CURBS AND GUTTERS AND SIDEWALKS

• Curbs, gutters and sidewalks shall be constructed on both sides of all streets. All curbs, gutters, and sidewalks shall be constructed of poured-in-place concrete in accordance with the standard drawings attached.

• Curb returns at street intersections shall have a minimum radius of 8.000 meters or as required by the Town.

• The minimum curb radius in crescents and cul-de-sacs shall be 12.000 meters. CONCRETE Concrete for all sidewalk, curb and gutter construction shall have an air content of at least 5% and no more than 8% and shall have a minimum 28 day compressive strength of 32.0 MPa. LOT DRAINAGE

The Developer shall submit to the Town an overall plan of the area to be developed on which shall be indicated the individual lots with the proposed grading of the lots. Rear lot grades shall be 150mm above design lane grade. Also indicated on this plan shall be the design sidewalk or top of curb elevations and the invert to elevation of the sanitary sewer connection at the property line.

Concrete piles, 150mm diameter by 2 meters deep shall be installed, offset 300mm from the property lines at the locations shown on Schedule C2- Alley Construction. Piles shall be set to lane grade. Top of the pile shall have a brass plate provided by the Town of Martensville.

GAS, POWER, TELEPHONE SERVICES AND STREET LIGHT INSTALLATION

Installing gas, power, street light, telephone and television cable services shall be arranged between the Developer and the respective utility/service companies. The Developer shall pay costs for these services. The Town shall approve the utility design and locations.

Schedule “D”

DEVELOPMENT SPECIFICATIONS FOR DEVELOPERS RE: DEVELOPMENT AND SERVICING AGREEMENT

BETWEEN THE TOWN OF MARTENSVILLE, per __________________________________

AND OWNER: >, per _____________________________

DATED: The > day of >, 200> A.D.

1. DESIGN AND SUPERVISION: The said services shall be installed in the following manner:

(a) The owner shall retain professional engineers who shall file with the Town Administrator an undertaking in writing with respect to the work to be done which shall include design and construction supervision.

(b) The Owner agrees to pay the Town for administrative costs for checking of plans and

specifications and for supervision and inspection of work as follows: i. Direct costs incurred by the Town to hire its consulting Engineers to perform

this work; OR

ii. Where the Town performs this work in house, the Owner will reimburse the Town the sum of One Thousand Dollars ($1000.00) or Fifty Dollars ($50.00) per lot, which ever is the lesser, upon the execution of this Agreement to be applied to account of such cost. It is estimated that the costs of supervision and inspection will be approximately two percent (2%) of the estimated cost of the work, but the charges will be based on Payroll Cost times a factor of two.

(c) The said services shall be installed by contractors retained by the Owner and

approved in writing by the Town.

2. PERFORMANCE SURETY: Immediately upon execution of this Agreement and before final subdivision approval is issued by the Town and before any work of installing the said services is commended the Owner will deposit with the Administrator of the Town to cover the faithful performance of the contract for the installation of the said services and the payment of all obligations arising thereunder the following securities:

(a) Cash in the amount of fifty percent (50%) of the estimated cost of the said work.

Or

(b) A bond issued by a recognized surety company, in such form and by such surety or sureties as the Town approves and in the amount of fifty percent (50%) of the estimated cost of the said work.

Or (c) Irrevocable Standby Letter of Credit from a Chartered Bank or Trust Company in such

form as the Town approves and in the amount of fifty percent (50 %) of the estimated cost of the said work.

The Municipality reserves the right to accept or reject any of these alternative methods of providing securities. For the purpose of determining the Surety required, it is agreed that the estimated cost of the work required under this Agreement is > thousand, > hundred and > dollars. ($>.00).

The Owner hereby acknowledges and agrees that this agreement runs with the land and, when an interest with an attached copy of the agreement is submitted for registration to the Information Services Corporation, the agreement is deemed to bind the Owner of the land affected by the agreement and his/its heirs, executors, administrators, successors and assigns.

3. DISCHARGE OF SURETY:

(a) After the issuance of the Completion Certificate for construction of the services including sanitary sewer mains, water works, street cutting and construction, sidewalks, curbs and gutters, and elevation piles, the surety shall be reduced for all services except street cutting and construction fully minus the required 10% retained for the warranty period.

(b) After the issuance of the Completion Certificate for construction of the services

including street cutting and construction, lane repairs, municipal reserve development and paving, the surety shall be reduced for all services fully minus the required 10% retained for the warranty period.

(c) After the issuance of the Final Acceptance Certificate the Owner can, upon the

Certification of the Town, receive discharge of ten percent (10%) of the bond, cash or letter of credit.

4. PHASED DEVELOPMENT:

(a) If the Owner does not wish to install the services to all the lots on the proposed plan of subdivision at once, he may, before commencement of any work, and subject to the approval of the Town divide the area in the subdivision into convenient units (phases) and in lieu of furnishing cash, a bond, or letter of credit, as outlined above for the whole subdivision, he may furnish cash, a bond, or letter of credit all as set out above for that part of the services which he wishes to proceed with.

(b) Before proceeding with an additional phase the Owner must obtain the written

approval of the Town. (c) When sixty percent (60%) of the lots of the subdivision or unit (phases) aforesaid

have been built upon and the services have not been completed, the Municipality reserves the right to not approve further units of proposed subdivision plan of the Owner until all such services have been completed.

(d) In no event will further subdivisions by the Owner or units or phases of subdivisions

by the Owner be approved if all services of the active unit or phase approved by the Town have not been completed within a two year period after the start of construction.

(d) Notwithstanding anything hereinafter set out, the Town shall not be obligated to

assume the responsibility for and take over the subdivision services until at least fifty percent (50%) of the lots on the subdivision or phase of the subdivision have completed dwellings erected thereon.

5. NON PERFORMANCE:

a) Until completion and acceptance by the Town Engineer as required in Clause 11 hereof,

the Owner shall carry out any work, by way of repair or replacement as directed by the Town

Engineer and which the Town Engineer in their sole discretion deem necessary to conform to

the approved plans and specifications.

In the event that the Owner fails to install the mentioned services as and when required by the

Town, or, having commenced to install the aforesaid services, fails or neglects to proceed

with reasonable speed; or in the event that the aforesaid services are not being installed in the

manner required by the Town, upon the Town giving seven (7) days written notice by prepaid

registered mail to the Owner, the Town may without further notice enter upon the said lands

and proceed to supply all materials and to do all the necessary works in connection with the

installation of the said services, including repair or re-construction of faulty work and the

replacement of materials not in accordance with the specifications as contained in Schedule

"F", and to charge the cost thereof together with an engineering fee of ten percent (10%) of

the cost of such materials and the works to the Owner who shall forthwith pay the same upon

demand. If the Owner fails to pay the Town within thirty (30) days of the date of the bill, the

money owing may be deducted from the cash deposit or letter of credit or shall be paid by the

surety company who have issued the bond. It is understood and agreed between the parties

hereto that such entry upon the lands shall be as agent for the Owner and shall not be deemed

for any purpose whatsoever, as an acceptance with the requirements of the Town. It is agreed

that a copy of this clause shall be delivered by the Owner to each and every purchaser of a lot

to the said plan.

(c) The provisions of this section shall not apply where failure to do the work results from

labour disputes, strikes, lockouts, Acts of God, or any cause of any kind whatsoever beyond

the Developer's control.

6. SUBDIVISION PROVISIONS: (a) The determination of meter frontage shall be based upon linear meters of frontage as

indicated on the registered plan of the area being serviced at the time of such servicing or in the case of parcels being greater than One Hundred (100) metres in depth, hectarage charges will be made as herein provided. The frontage of lots with corner cut-offs shall include the distance to the intersection of the production of property lines.

(b) It is further agreed that the rates referred to in this Agreement are "area rates", having been calculated on the basis of servicing the entire area and that no additional charges will be made by the Town with respect to services other than as may be expressly provided for in the Agreement. The foregoing, however, does not apply with respect to any future local improvement charges or sewer and water surcharges lawfully imposed under the provisions of The Municipality Act or The Local Improvement Act or any bylaw passed thereunder.

(c) All proposed road allowances included in the Plan of Subdivision shall be dedicated

as public highways. (d) In the event that the Plan of Subdivision is not registered within one year from the

date hereof or the security is not deposited within one year from the date hereof, the Town may at its option on one months notice to the Owner, declare this Agreement to be null and void.

(e) In the event that the Owner requires approved changes in services which may result from re-subdivision of the Owner's lands within the Development Area, same shall be provided at the expense of the Owner. Changes requested by the Owner shall be in writing addressed to the Town Administrator.

7. ASSIGNMENT: It is expressly agreed that the Owner shall not assign this Agreement without the prior express written consent of the Town being first obtained. The consent of the Town to any such proposed assignment shall not be unreasonably withheld.

8. INSURANCE:

(a) The Owner shall prior to issuance of final subdivision approval by the Town deposit

with the Town a policy of insurance with an insurer satisfactory to the Town. The policy of insurance shall insure the Owner and the Town as an additional named insured against any liability that may arise out of the construction or installation of any work required pursuant to this contract, both Public Liability and Property Damage, minimum coverage to be as follows:

Public Liability and Property Damage Bodily injury - each person $2,000,000.00 Property damage - each accident $2,000,000.00

Vehicle Liability and Property Damage Bodily injury - each person $2,000,000.00

Property Damage - each accident $2,000,000.00 which coverage shall be maintained throughout the currency of this Agreement.

(b) The policy of the insurance shall include the name of the Town as one of the insured. The Owner shall pay the premium on the policy or policies of insurance and shall from time to time furnish the Town with satisfactory evidence that such insurance is in full force and effect and the premiums are paid.

c) The Owner will indemnify and save harmless the Town with respect to any action

commenced against the Town resulting from any activity or lack of activity within the Development Area other than with respect to those activities being conducted by the Town itself.

9. CONSTRUCTION WORK:

(a) All works constructed by the Owner on, in or under any street, avenue, lane, easement or other public place shall be the property of the Town as soon as constructed, but shall remain subject to the Owner's various warranties as hereinafter provided, and be maintained by the Owner for a two year maintenance period, from the date of the Construction Completion Certificate as given in Clause 11 hereof.

(b) Subject to the provisions hereof, it is agreed that the Owner shall determine the

timing of service installations with a view to the earliest possible servicing of the area, outlined in the Schedules hereto, subject to the proviso that the views of the Town's Engineer with respect to sound construction practices are to prevail, and in particular with respect to the influence of seasonal and weather conditions as they affect construction. The Town's Engineer shall in return prepare and supply to the Owner a schedule outlining the sequence and timing of any works to be performed by the Town. All works required to be performed by this Agreement shall be carried out as expeditiously as time and construction conditions permit.

(c) The Owner shall construct all services in accordance with the approved plans and

specifications and in a good and workmanlike manner regardless of any inspection by the Town and the Town may stop work if the work is not being carried out as required.

(d) The Owner shall repair any damages caused to any existing road, road allowance,

lane or existing structure or plant located on the road allowance as a result of the subdivision development and shall pay for any costs involved in relocation of existing services such as hydrants, telephone poles, etc., which may be necessary by reason of a development of a subdivision.

(e) The Owner shall be responsible for adjusting all hydrants and main valve boxes to

the established grades as they are developed, until such time as the Town issues the Completion Certificates for the maintenance of streets and lanes. All service valve boxes shall be left one (1) foot buried to prevent damage, to be raised by the service connection contractor to finished grade when the utility connection is made.

(f) Before the Owner proceeds with any blasting, the Owner shall obtain from the

Municipality written permission for carrying out the blasting operation. (g) All topsoil excavated from the streets, walkways, lanes, and/or easements shall be

given to the Owner to fill in lots requiring additional topsoil/fill. (h) All construction garbage, debris, and rocks from the Development Area must be

disposed of in an orderly and sanitary fashion in a dumping area approved by the Town. The Owner is responsible for the removal or disposal of garbage, debris, and rocks.

10. UTILITY EASEMENTS:

Throughout the Development the Owner agrees: (a) To provide all utility, construction and service easements which may be required, at

no cost to the Town or any other utility agency or service and to keep the said easements clear for the purposes of the various utility agencies; and

(b) To provide and register a utility easement plan as required by the Town Administrator; and

(c) To provide for a convenant in all memoranda of sale or other purchase agreements

within the Development Area to the effect that the grades set on such easements shall not be changed.

11. CONSTRUCTION COMPLETION CERTIFICATES:

(a) When the Owner has completed construction of the services including sanitary sewer mains, water works, street cutting and construction, sidewalks, curbs and gutters, and elevation piles in the Development Area, he may notify the Town Administrator in writing. The Town Engineer shall within Fifteen (15) days from such notification carry out the required Construction Completion Inspection. The Town Engineer shall compile a deficiency list. The Developer shall correct all deficiencies and shall again contact the Town Engineer that they have been corrected. If the Town Engineer finds that the work is complete and all deficiencies are corrected, they shall within Fifteen (15) days issue a Construction Completion Certificate to that effect. And the maintenance period for all of the above noted services except street cutting and construction shall start on the day the Certificate is issued.

(b) When the Owner has completed street cutting and construction, lane repairs,

municipal reserve development and paving in the Development Area, he may notify the Town Administrator in writing. The Town Engineer shall within Fifteen (15) days from such notification carry out the required Construction Completion Inspection. The Town Engineer shall compile a deficiency list. The Developer shall correct all deficiencies and shall again contact the Town Engineer that they have been corrected. If the Town Engineer finds that the work is complete and all deficiencies are corrected, they shall within Fifteen (15) days issue a Construction Completion Certificate to that effect. And the maintenance period for all of the above noted services shall start on the day the Certificate is issued.

(c) If during the maintenance period, any defects become apparent in any of the utilities or improvements installed or constructed by the Owners under this Agreement, and the Town Engineer require repairs or replacements to be done, the Owner shall be so notified and within a reasonable time after said notice, shall cause such repairs or replacements to be done, and if the Owner shall default, the Town may do the repairs or replacements of services, and recover the cost thereof from the Owner.

(e) During this period ten percent (10%) of the cash, bond, or letter of credit made with

respect to the said services shall be retained by the Town.

(f) The Owner agrees that maintenance is a continuous operation which must be carried on

until the expiry date of the maintenance period and that no releases from liability of any kind

will be given until all repairs or replacements required by the Town Engineer in their Final

Acceptance Inspection reports have been made. The Final Acceptance Inspection shall be

completed prior to the end of the warranty period. A Final Acceptance Certificate will be

issued upon correction of all deficiencies in the Final Acceptance Inspection report.

(g) After issuance of the Construction Completion Certificate, the Owner shall be

responsible for any and all repairs and replacements to any utilities and improvements which may become necessary up to the end of the maintenance periods mentioned in the said Construction Completion Certificate.

(h) The Owner agrees that, upon applying for a Certificate of Completion for the services

within the subdivision, he shall supply the Town with a Statutory Declaration that all accounts for work and materials for said services have been paid except normal guarantee holdbacks, and that there are no claims for liens or otherwise in connection with such work done or materials supplied for or on behalf of the Owner in connection with the subdivision.

12. STREET GRADING AND SNOW REMOVAL:

(a) An exception to the liability of the Owner for all maintenance and repair of the

services during the two (2) year maintenance period will be street grading and snow plowing, which operation will be the Town's responsibility after the construction of the first building unit.

(b) The Owner agrees that such work done by the Town pursuant to this clause before

the roads are accepted by the Town shall not be deemed in any way to be an acceptance by the Town of the roads in the said subdivision upon which such work is done. The Owner hereby acknowledges that in the Town providing any access or removing any snow or ice that may be necessary under the provisions of this clause, the Town may damage or interfere with the works and the Owner hereby waives all claims against the Town that he might have arising therefrom and covenants that he will make no claim against the Town for such interference or damage provided that such interference or damage was not caused intentionally or through gross negligence on the part of the Town.

(c) Any action by the Town by itself or through its servants, contractors, or agents for street grading and maintenance or permitting the connection of additional services to the services herein provided for during the said maintenance period, may be done without prejudice to the Town's rights to enforce the maintenance provisions herein provided.

13. EMERGENCY REPAIR: During the maintenance period referred to in this Agreement and

notwithstanding any other provisions to the contrary, in the case of an emergency involving the breakage of a water line or the stoppage of a sewer line within the boundaries of the boulevard or street areas, the Town may take such emergency repair measures as it deems

necessary, through its officers, servants, or agents on its behalf, to prevent damage to property, and the cost of such repair work shall be payable by the Owner on demand and the Certificate of the Town Engineer as to the extent of such costs shall be final and binding upon the Parties.

14. PUBLIC CONSIDERATION AND SAFETY:

(a) The Owner shall put up such barricades, lights, or other protection for persons and

property as will adequately protect the public or any person in the neighbourhood and

maintain the same during the course of construction; and, will, on the request of the Town

Superintendent or Town Police, improve or change the same.

(b) If the subdivision to be developed is adjacent to an existing neighbourhood, the

Owner shall take all precaution that the surrounding neighbourhood is not disturbed during the construction period. Construction traffic shall not use the existing residential streets. Construction noise shall be kept to a minimum, and in any event, all provisions of the "Noise Bylaw" of the Town of Martensville shall be strictly adhered to.

15. PERMITS, APPROVALS, ETC.:

(a) The Owner shall be responsible for obtaining all required approvals from the

Department of Environment and the Saskatchewan Water Corporation, and any other sanction or approvals which may be required by law, copies of such approvals shall be provided to the Town; and

(b) The Owner shall supply the Town with all such detailed plans, specifications, tests

and records as the Town's Engineer may require both before and after construction. The ''as built" plans shall be to the Town's standard in size, scale and form.

16. SEWER FLUSHING: Owner will flush and vacuum all sanitary sewer lines before the Construction Completion Certificate is issued. The cost shall be paid by the Owner.

17. STREET LIGHTS AND STREET SIGNS: The Owner agrees to install standard street

lighting facilities as per Town and SaskPower standards. The Town agrees to install required street signs.

18. ACCESS FOR MAINTENANCE: The Owner agrees to retain the right, from any subsequent

purchaser of the subdivision lands, to enter upon such lands in order to comply with the provisions of this Agreement until the Certificate of Maintenance has been issued.

19. BYLAW APPLICATION: Nothing herein contained shall be deemed to oblige the Town to

issue building permits for any construction on land within the said plan except upon compliance with the Town's Bylaws, or to sanction or permit any breach of, or deviation from, the Town's Bylaws.

20. TAXES:

(a) The Owner agrees to pay for all arrears of taxes outstanding against the property

herein described before the approval of the said plan is obtained. (b) The Owner further undertakes and agrees to pay all taxes levied on the said lands on

the basis and in accordance with existing assessment roll entries until such times as the lands herein being subdivided have been assessed according to the registered plan.

21. INTEREST: All invoices submitted for payment pursuant to the terms of this Agreement

shall be payable at the times specified in Schedule "C", and if not paid as specified, interest shall be payable thereon at Langham Credit Union Martensville Branch prime rate plus one-quarter (1/4 %) percent per annum on all such overdue account.

22. RETROACTIVE RATES: It is further agreed between the Town and the Owner that any

levies or charges provided for in this Agreement and payable to the Town by the Owner in connection with the Development Area or any portion thereof shall specifically apply to any lands sold by the Owner before the execution of this Agreement, and that the provisions of this Agreement in relation to all such charges and levies of whatsoever nature shall be retroactive in effect.

23. SURVEY MONUMENTS: Prior to the acceptance of the subdivision by the Town, the

Owner agrees to supply a statement from a Saskatchewan Land Surveyor approved by the Town that, after the completion of the subdivision work, he has found or replaced all standard iron bars as shown on the registered plan and survey monuments at all block corners, the end of all curves, other than corner rounding, and all points of change in direction on streets on the registered plan.

24. MORTGAGEE COVENANT: The Mortgagee agrees that, in the event of his obtaining or

transferring the equity of redemption in the lands under his mortgage, the title thereto shall be subject to the terms hereof in the same manner as if he had executed this agreement as Owner.

25. ARBITRATION: In the case of any dispute between the Town and the Owner arising out of

the performance of this Agreement or afterwards as to any matter hereunder, either Party hereto shall be entitled to give to the other notice of such dispute and demand arbitration thereof. Such notice and demand being given, each Party shall at once appoint an arbitrator

and these shall jointly select a third. The decision of any two of the three arbitrators shall be final and binding upon the Parties, who covenant that their dispute shall be so decided by arbitration alone, and not by recourse to any court or other action of law. If the two arbitrators appointed by the parties do not agree upon a third, or a Party who has been notified of a dispute fails to appoint an arbitrator, then the third arbitrator and/or the arbitrator to represent the Party in default shall be appointed by a judge of the Court of Queen's Bench at the Judicial Centre of Saskatoon. The Arbitration Act of the Province of Saskatchewan shall apply to any arbitration hereunder, and the costs of any such arbitration shall be apportioned equally between the parties hereto.

Schedule “D”

DEVELOPMENT SPECIFICATIONS FOR OWNERS RE: DEVELOPMENT AND SERVICING AGREEMENT

BETWEEN THE TOWN OF MARTENSVILLE, per __________________________________

AND OWNER: >, per ________________________________

DATED: THE > DAY OF >, 200> A.D.

1. CONSTRUCTION: Due to conditions such as:

i. Infill of existing semi-developed areas. ii. Scheduling of construction of services among many landowners.

iii. The small nature of some Subdivisions and Development Areas. This form shall be used for subdivisions of three lots (for individual housing units) or less.

The Town and Owner agree that: i. The Owner will undertake to construct the Services in Schedule “C”

ii. And that the Owner shall be the sole judge as to the time of the scheduling of the services or any part thereof, so long as they are completed in a timely manner and with respect to sound construction practices as outlined in Schedule “C”.

iii. The Owner will pay all costs outlined in his Agreement.

2. CAVEAT SURETY: The Owner agrees that in lieu of Letter of Credit and/or a Performance Bond in favour of the Town, the Town agrees to accept a Caveat registered by the Town against the entire development area, in favour of the Town, showing the Town's interest in this Development and Servicing Agreement. The Town may at its discretion discharge the caveat from a portion of the property upon partial fulfillment of this Agreement, or upon accepting alternate security.

3. SUBDIVISION PROVISIONS:

(a) The determination of meter frontage shall be based upon lineal metres of frontage as indicated on the registered plan of the area being serviced at the time of such servicing, or in the case of parcels being greater than one hundred (100) metres in depth, hectarage charges will be made as herein provided. The frontage of lots with corner cut-offs shall include the distance to the intersection of the production of property lines.

(b) It is further agreed that the rates referred to in this Agreement are "area rates", having been calculated on the basis of servicing the entire area and that no additional charges

will be made by the Town with respect to services other than that as may be expressly provided for in the Agreement. The foregoing, however, does not apply with respect to any future local improvement charges or sewer or water surcharges lawfully imposed under the provisions of the Municipality Act, 2005 or The Local Improvements Act or any bylaw passed there under.

(c) All proposed road allowances included in the Plan of Subdivision shall be dedicated as public highways.

(d) In the event that the Plan of Subdivision is not registered within one year from the date hereof, the Town may at its option on one month notice to the Owner, declare this Agreement to be null and void.

(e) In the event that the Owner requires approved changes in services, which may result

from re-subdivision of the Owner's lands within the Development Area, same shall be provided at the expense of the Owner. Changes requested by the Owner shall be in writing addressed to the Town Manager.

4. ASSIGNMENT: It is expressly agreed that the Owner shall not assign this Agreement without the prior express written consent of the Town being first obtained. The consent of the Town to any such proposed assignment shall not be unreasonably withheld.

5. LIABILITY: The Owner agrees to indemnify and save harmless the Town with respect to any action commenced against the Town resulting from any activity or lack of activity within the Development Area other than with respect to those activities being conducted by the Town itself.

6. INSURANCE: (a) The Owner shall prior to issuance of final subdivision approval by the Town deposit

with the Town a policy of insurance with an insurer satisfactory to the Town. The policy of insurance shall insure the Owner and the Town as an additional named insured against any liability that may arise out of the construction or installation of any work required pursuant to this contract, both Public Liability and Property Damage, minimum coverage to be as follows:

Public Liability and Property Damage Bodily injury - each person $2,000,000.00 Property damage - each accident $2,000,000.00

Vehicle Liability and Property Damage Bodily injury - each person $2,000,000.00

Property Damage - each accident $2,000,000.00

which coverage shall be maintained throughout the currency of this Agreement.

(b) The policy of the insurance shall include the name of the Town as one of the insured. The Owner shall pay the premium on the policy or policies of insurance and shall from time to time furnish the Town with satisfactory evidence that such insurance is in full

force and effect and the premiums are paid.

7. OWNERSHIP OF SERVICES: All works constructed by the Owner on, in or under any street, avenue, lane, easement or other public place shall be the property of the Town as soon as constructed, but shall remain subject to the Owner's various warranties as hereinafter provided, and be maintained by the Owner for a two year maintenance period, from the date of the Construction Completion Certificate as given in Clause 9 hereof.

8. CONSTRUCTION WORK: (a) Subject to the provisions hereof, it is agreed that the Owner shall determine the timing

of service installations with a view to the earliest possible servicing of the area, outlined in the Schedules hereto, subject to the proviso that the views of the Town's Engineer with respect to sound construction practices are to prevail, and in particular with respect to the influence of seasonal and weather conditions as they affect construction. The Town's Engineer shall in return prepare and supply to the Owner a schedule outlining the sequence and timing of any works to be performed by the Town. All works required to be performed by this Agreement shall be carried out as expeditiously as time and construction conditions permit.

(b) The Owner shall construct all services in accordance with the approved plans and

specifications and in a good and workmanlike manner and the Town may stop work if the work is not being carried out as required.

(c) The Owner shall repair any damages caused to any existing road, road allowance, lane or

existing structure or plant located on the road allowance as a result of the subdivision development and shall pay for any costs involved in relocation of existing services such as hydrants, telephone poles, etc., which may be necessary by reason of a development of a subdivision.

(d) The Owner shall be responsible for adjusting all hydrants and main valve boxes to the

established grades as they are developed, until such time as the Town issues the Completion Certificates for the maintenance of streets and lanes. All service valve boxes shall be left one (1) foot buried to prevent damage, to be raised by the service connection contractor to finished grade when the utility connection is made.

9. CONSTRUCTION COMPLETION CERTIFICATE:

(a) When the Owner has completed construction of all of the services including sanitary sewer mains, water works, street cutting and construction, sidewalks, curbs and gutters, elevation piles and paving in the Development Area. He may so notify the Town Manager in writing. The Town Engineer shall within Fifteen (15) days from such notification carry out the required inspection. And if the Town Engineer is satisfied on inspection that the work is substantially complete and will not be adversely affected by other work. They shall within Fifteen (15) days issue a Construction Completion Certificate to that effect. And the maintenance period for the works included in the Certificate shall start on the day the Certificate is issued.

(b) The Owner will be responsible for the repair and maintenance of all the subdivision services for a period of two (2) years from the date of the Certificate of Completion.

This shall be called the Maintenance Period. (c) The Certificate may contain a list of minor problems, which have to be corrected by the

Owner but which are not considered of sufficient importance to delay the issuance of the Certificate and the acceptance of the services by the Town.

(d) If during the maintenance period, any defects become apparent in any of the utilities or

improvements installed or constructed by the Owners under this Agreement, and the Town Engineer require repairs or replacements to be done, the Owner shall be so notified and within a reasonable time after said notice, shall cause such repairs or replacements to be done, and if the Owner shall default, the Town may do the repairs or replacements of services, and recover the cost thereof from the Owner.

(e) The Owner agrees that maintenance is a continuous operation which must be carried on

until the expiry date of the maintenance period for each and every utility, and that no releases from liability of any kind will be given until all repairs or replacements required by the Town Engineer in their final inspection reports have been made. The final inspection report shall be completed no later than Sixty (60) days prior to the end of the warranty period. A formal release will be issued upon correction of all deficiencies in the final inspection reports.

(f) After issuance of the Construction Completion Certificate, the Owner shall be

responsible for any and all repairs and replacements to any utilities and improvements which may become necessary up to the end of the maintenance periods mentioned in the said Construction Completion Certificate.

(g) The Owner agrees that, upon applying for a Certificate of Completion for the services within the subdivision, he shall supply the Town with a Statutory Declaration that all accounts for work and materials for said services have been paid except normal guarantee holdbacks, and that there are no claims for liens or otherwise in connection with such work done or materials supplied for or on behalf of the Owner in connection with the subdivision.

10. PHASED DEVELOPMENT:

(a) Before proceeding with an additional phase the Owner must obtain the written approval of the Town.

(b) When sixty percent (60%) of the lots of the subdivision or unit (phases)

aforesaid have been built upon and the services have not been completed, the Municipality reserves the right to not approve further units of proposed subdivision plan of the Owner until all such services have been completed.

(c) In no event will further subdivisions by the Owner or units or phases of

subdivisions by the Owner be approved if all services of the active unit or phase approved by the Town have not been completed within a two year period after the start of construction.

(d) Notwithstanding anything hereinafter set out, the Town shall not be obligated to assume the responsibility for and take over the subdivision services until at least fifty percent (50%) of the lots on the subdivision or phase of the subdivision

have completed dwellings erected thereon. 11. EMERGENCY REPAIR: During the maintenance period referred to in this Agreement and

notwithstanding any other provisions to the contrary, in the case of an emergency involving the breakage of a water line or the stoppage of a sewer line within the boundaries of the boulevard or street areas, the Town may take such emergency repair measures as it deems necessary, through its officers, servants, or agents on its behalf, to prevent damage to property, and the cost of such repair work shall be payable by the Owner on demand and the Certificate of the Town Engineer as to the extent of such costs shall be final and binding upon the Parties.

12. ACCESS FOR MAINTENANCE: The Owner agrees to retain the right, from any subsequent

purchaser of the subdivision lands, to enter upon such lands in order to comply with the provisions of this Agreement until the Certificate of Maintenance has been issued.

13. NON PERFORMANCE:

a) Until completion and acceptance by the Town Engineer as required in Clause 9 hereof, the Owner shall carry out any work, by way of repair or replacement as directed by the Town Engineer and which the Town Engineer in their sole discretion deem necessary to conform to the approved plans and specifications.

b) In the event that the Owner fails to install the mentioned services as and when required

by the Town, or, having commenced to install the aforesaid services, fails or neglects to proceed with reasonable speed; or in the event that the aforesaid services are not being installed in the manner required by the Town, upon the Town giving seven (7) days written notice by prepaid registered mail to the Owner, the Town may without further notice enter upon the said lands and proceed to supply all materials and to do all the necessary works in connection with the installation of the said services, including repair or re-construction of faulty work and the replacement of materials not in accordance with the specifications as contained in Schedule "F", and to charge the cost thereof together with an engineering fee of ten percent (10%) of the cost of such materials and the works to the Owner who shall forthwith pay the same upon demand. If the Owner fails to pay the Town within thirty (30) days of the date of the bill, the money owing may be added and forms part of the taxes on the land for which the servicing work was done. It is understood and agreed between the parties hereto that such entry upon the lands shall be as agent for the Owner and shall not be deemed for any purpose whatsoever, as an acceptance with the requirements of the Town. It is agreed that a copy of this clause shall be delivered by the Owner to each and every purchaser of a lot to the said plan.

(c) The provisions of this section shall not apply where failure to do the work results

from labour disputes, strikes, lockouts, Acts of God, or any cause of any kind whatsoever beyond the Developer's control.

14. TOPSOIL: All topsoil excavated from the streets, walkways, lanes, and/or easements shall be given to the Owner to fill in lots requiring additional topsoil/fill. Remaining top soil shall be given to the Town.

15. CONSTRUCTION DEBRIS: All construction garbage, debris, and rocks from the Development Area, which result from activities of the Owner, must be disposed of in an orderly and sanitary fashion in a dumping area approved by the Town. The Owner is responsible for the removal or disposal of all such garbage, debris, and rocks.

16. STREET GRADING AND SNOW REMOVAL: (a) An exception to the liability of the Owner for all maintenance and repair of the services

during the two (2) year maintenance period will be street grading and snow plowing, which operation will be the Town's responsibility after the construction of the first building unit.

(b) The Owner agrees that such work done by the Town pursuant to this clause before the

roads are accepted by the Town shall not be deemed in any way to be an acceptance by the Town of the roads in the said subdivision upon which such work is done. The Owner hereby acknowledges that in the Town providing any access or removing any snow or ice that may be necessary under the provisions of this clause, the Town may damage or interfere with the works and the Owner hereby waives all claims against the Town that he might have arising there from and covenants that he will make no claim against the Town for such interference or damage provided that such interference or damage was not caused intentionally or through gross negligence on the part of the Town.

(b) Any action by the Town by itself or through its servants, contractors, or agents for street

grading and maintenance or permitting the connection of additional services to the services herein provided for during the said maintenance period, may be done without prejudice to the Town's rights to enforce the maintenance provisions herein provided.

17. UTILITY EASEMENTS: Throughout the Development Area, the Owner agrees:

(a) To provide all utility, construction and service easements which may be required, at no cost to the Town or any other utility agency or service, and to keep the said easements clear for the purposes of the various utility agencies; and

(b) To provide and register a utility easement plan as required by the Town Manager; and

(c) To provide for a covenant in all memoranda of sale or other purchase agreements within the Development Area to the effect that the grades set on such easements shall not be changed.

18. PERMITS, APPROVALS, ETC:

(a) The Owner shall pay all costs for the permits, approvals, design tender, construction supervision and completion of the ''as built” plans by the Town's Engineer, as those costs relate to the services in Schedule “C”.

(b) The Owner shall be responsible for obtaining all required approvals from the

Department of Environment and the Saskatchewan Water Corporation, and any other sanction or approvals which may be required by law, copies of such approvals shall be provided to the Town; and

(c) The Owner supply the Town with all such detailed plans, specifications, tests and records as the Town's Engineer may require both before and after construction. The ''as built" plans shall be to the Town's standard in size, scale and form.

19. SEWER FLUSHING: The Town will, from the date of construction completion, flush and clean out the sanitary sewers as required in the ordinary maintenance procedure. The cost of removing obstructions caused by gravel, rocks or silt, which is other than deposited from sewage, shall be charged to the Owner.

20. PUBLIC CONSIDERATION AND SAFETY: (a) The Owner shall put up such barricades, lights, or other protection for persons and

property as will adequately protect the public or any person in the neighbourhood and maintain the same during the course of construction; and, will, on the request of the Town Superintendent or Town RCMP, improve or change the same.

(b) If the subdivision to be developed is adjacent to an existing neighbourhood, the Owner shall take all precaution that the surrounding neighbourhood is not disturbed during the construction period. Construction traffic shall not use the existing residential streets. Construction noise shall be kept to a minimum, and in any event, all provisions of the "Noise Bylaw" of the Town of Martensville shall be strictly adhered to.

21. STREET LIGHTS AND SIGNS: The Owner agrees to install standard street lighting facilities

as per Town and SaskPower standards. The Town agrees to install required street signs. 22. SURVEY MONUMENTS: Prior to the acceptance of the subdivision by the Town, the Owner

agrees to supply a statement from a Saskatchewan Land Surveyor approved by the Town that, after the completion of the subdivision work, he has found or replaced all standard iron bars as shown on the registered plan and survey monuments at all block corners, the end of all curves, other than corner rounding, and all points of change in direction on streets on the registered plan.

23. MORTGAGEE COVENANT: The Mortgagee agrees that, in the event of his obtaining or

transferring the equity of redemption in the lands under his mortgage, the title thereto shall be subject to the terms hereof in the same manner as if he had executed this agreement as Owner.

24. BYLAW APPLICATION: Nothing herein contained shall be deemed to oblige the Town to issue building permits for any construction on land within the said plan except upon compliance with the Town's Bylaws, or to sanction or permit any breach of, or deviation from, the Town's Bylaws.

25. TAXES:

(a) The Owner agrees to pay for all arrears of taxes outstanding against the property herein described before the approval of the said plan is obtained.

(b) The Owner further undertakes and agrees to pay all taxes levied on the said lands on the basis and in accordance with existing assessment roll entries until such times as the lands herein being subdivided have been assessed according to the registered plan.

26. RETROACTIVE RATES: It is further agreed between the Town and the Owner that any levies

or charges provided for in this Agreement and payable to the Town by the Owner in connection with the Development Area or any portion thereof shall specifically apply to any lands sold by the Owner before the execution of the Agreement, and that the provisions of this Agreement in relation to all such charges and levies of whatsoever nature shall be retroactive in effect.

27. ARBITRATION: In the case of any dispute between the Town and the Owner arising out of the

performance of this Agreement or afterwards as to any matter hereunder, either Party hereto shall be entitled to give to the other notice of such dispute and demand arbitration thereof. Such notice and demand being given, each Party shall at once appoint an arbitrator and these shall jointly select a third. The decision of any two of the three arbitrators shall be final and binding upon the Parties, who covenant that their dispute shall be so decided by arbitration alone, and not by recourse to any court or other action of law. If the two arbitrators appointed by the Parties do not agree upon a third, or a Party who has been notified of a dispute fails to appoint an arbitrator, then the third arbitrator and/or the arbitrator to represent the Party in default shall be appointed by a Judge of the Court of Queen's Bench at the Judicial Centre of Saskatoon. The Arbitration Act of the Province of Saskatchewan shall apply to any arbitration hereunder, and the costs of any such arbitration shall be apportioned equally between the parties hereto.

town of martensville regular council meeting no… 4-07... · town of martensville . regular...

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