Common use of Walkway Clause in Contracts

Walkway. The Subdivider shall construct and install to the satisfaction of the Municipality a concrete walkway with a minimum width of 3 metres (9.84 feet) along the length of Block 58 as shown on the Phase 3 Plan. The Subdivider shall install a wood board privacy fence 1.8 metres (6 feet) in height along the boundaries of the above-noted walkways to the satisfaction Municipal Engineer and in accordance with the Municipality’s Infrastructure Design Standards. The Subdivider shall also install two pairs of bollards to control access, with one pair located at the westerly limit of Block 58 as shown on the Phase 3 Plan and with the other pair located at the easterly limit of Block 58 as shown on the Phase 3 Plan, all to the satisfaction of the Municipal Engineer. THE SUBDIVISION AGREEMENT made the day of January 2022. (hereinafter referred to as the “Subdivider”) (hereinafter referred to as the “Municipality”) To facilitate registration of the Subdivision Agreement to which this Schedule “H” is attached, including all other Schedules attached to such Phase 3 Subdivision Agreement, the following photo reduced copies of the Servicing Plans are provided in this Schedule “H”. Full-scale originals of such plans and drawings are maintained by the Municipality and are available from the Municipality for viewing upon request during the Municipality’s normal business hours. In the event that the Land Registrar requires the removal of some or all of the following photo reduced copies of the plans and drawings in order for the Phase 3 Subdivision Agreement to be registered, the parties agree that such any photo reduced copies required to be removed by the Land Registrar may be removed from the registered copy of the Phase 3 Subdivision Agreement. THE SUBDIVISION AGREEMENT made the _ day of January 2022. (hereinafter referred to as the “Subdivider”) (hereinafter referred to as the “Municipality”) TO: Municipality of Middlesex Centre FROM: MTE Consultants Inc. ▇▇▇ ▇▇. ▇▇▇▇▇▇ ▇▇. London, Ontario N6A 3A1 Consulting Engineers to 1960634 Ontario Inc. Re: Subdivision Agreement between 1960634 Ontario Inc. and the Municipality of Middlesex Centre and dated the day of December 2021 (hereinafter referred to as the "Phase 3 Subdivision Agreement"). The undersigned hereby represents and warrants that the undersigned is a member in good standing with the Professional Engineers Ontario and that the undersigned has been retained by 1960634 Ontario Inc. in connection with the Phase 3 Subdivision Agreement and all works required thereby. As required by the Phase 3 Subdivision Agreement the undersigned hereby undertakes to the Municipality of Middlesex Centre and to its consulting engineers where appropriate as follows: • To design the Phase 3 Works as described in the Phase 3 Subdivision Agreement and the Schedules thereto, • To prepare tenders for the construction of any works to be assumed by the Municipality, • To assist 1960634 Ontario Inc. to obtain all necessary approvals for the works in cooperation with the Municipality of Middlesex Centre, • To act as the representative of 1960634 Ontario Inc. in all matters pertaining to the inspection and contract administration of the installation of the works except as directed by 1960634 Ontario Inc. by notice to the Municipality, • To provide full-time on-site inspection of the construction of all Phase 3 Works , • To keep the Municipality informed of the general timing of the construction of the works except as otherwise directed by 1960634 Ontario Inc., • To prepare and maintain detailed records in connection with the construction of the works, • Upon becoming aware of any hazardous materials being encountered as the construction and installation of the Phase 3 Works progresses to forthwith notify the Municipality and the Ministry of Environment, Parks and Conservation Authority in the event that any hazardous materials are encountered, and • To prepare and furnish “Record" drawings of the works as required by the Phase 3 Subdivision Agreement. The undersigned agrees that the undersigned will immediately advise the Municipality of Middlesex Centre and its above-mentioned consulting engineers should there be any alteration in the undersigned's above described retainer and instructions from 1960634 Ontario Inc. In connection with the Servicing Plans attached to the Phase 3 Subdivision Agreement, Stantec Consulting Ltd. hereby acknowledges and agrees that: • That the Servicing Plans have been and may continue to be reviewed and used by the Municipality of Middlesex Centre, The Corporation of the County of Middlesex, the Upper Thames River Conservation Authority, Her Majesty the Queen in right of the Province of Ontario as represented by the Ministry of the Environment, Conservation and Parks and Climate Change and the Joint Board of Management for the Lake Huron Primary Water Supply System in the normal course of their duties in connection with the approvals and permitting processes for the Phase 3 Subdivision Agreement; and • That the Servicing Plans may be used as a record representing what was installed at the time of development by any person who deals with the Land after the Phase 3 Subdivision Agreement has been registered on the title to the Phase 3 Land and who obtains access to the Servicing Plans from the Land Office or from the offices of the Municipality. Executed the day of , 2022 Per: Name: Title: I have the authority to bind the corporation SCHEDULE “J”‌ THE SUBDIVISION AGREEMENT made the day of January 2022. (hereinafter referred to as the “Subdivider”) (hereinafter referred to as the “Municipality”) THE SUBDIVISION AGREEMENT made the day of January 2022. (hereinafter referred to as the “Subdivider”) (hereinafter referred to as the “Municipality”) Letter of Credit No. To: Municipality of Middlesex Centre Pursuant to the request of our customer, 1960634 Ontario Inc., the Bank, at Street in London hereby establishes in your favour an irrevocable letter of credit for any sum or sums not exceeding total of which may be drawn on at sight by you in whole or in part at any time and from time to time by written demand for payment at the branch named above which demand we shall honour without inquiring whether you have a right as between yourself and our customer to make such demand and without recognizing any claim of our said customer. PROVIDED, that you are to deliver to the Bank at such time as a written demand for payment is made a certificate signed by your Clerk,

Walkway. The Subdivider shall construct and install to the satisfaction of the Municipality a concrete walkway with a minimum width of 3 6 metres (9.84 19.69 feet) along the length of Block 58 Blocks 68 as shown on the Phase 3 III Plan. The Subdivider shall install a wood board privacy fence 1.8 metres (6 feet) in height along the boundaries of the above-noted walkways to the satisfaction Municipal Engineer and in accordance with the Municipality’s Infrastructure Design StandardsEngineer. The Subdivider shall also install two pairs of bollards to control access, with one pair located at the westerly northerly limit of Block 58 Blocks 68 as shown on the Phase 3 III Plan and with the other pair located at the easterly southerly limit of Block 58 Blocks 68 as shown on the Phase 3 III Plan, all to the satisfaction of the Municipal Engineer. [NTD: Need instructions about walkways.] THE SUBDIVISION AGREEMENT made the  day of January 2022June, 2017. (hereinafter referred to as the “Subdivider”) B E T W E E N: SIFTON PROPERTIES LIMITED OF THE FIRST PART MUNICIPALITY OF MIDDLESEX CENTRE (hereinafter referred to as the “Municipality”) OF THE SECOND PART SERVICING PLAN AND SERVICING CONSTRUCTION PLANS To facilitate registration of the Subdivision Agreement to which this Schedule “HG” is attached, including all other Schedules attached to such Phase 3 Subdivision Agreement, the following photo reduced copies of the Servicing Plans are provided in this Schedule “HG”. Full-scale originals of such plans and drawings are maintained by the Municipality and are available from the Municipality for viewing upon request during the Municipality’s normal business hours. In the event that the Land Registrar requires the removal of some or all of the following photo reduced copies of the plans and drawings in order for the Phase 3 Subdivision Agreement to be registered, the parties agree that such any photo reduced copies required to be removed by the Land Registrar may be removed from the registered copy of the Phase 3 Subdivision Agreement. June 27, 2017 Draft 3203997.3 THE SUBDIVISION AGREEMENT made the _  day of January 2022June, 2017. (hereinafter referred to as the “Subdivider”) B E T W E E N: SIFTON PROPERTIES LIMITED OF THE FIRST PART MUNICIPALITY OF MIDDLESEX CENTRE (hereinafter referred to as the “Municipality”) TO: Municipality of Middlesex Centre FROMAND TO: MTE Consultants Inc. IBI Group, ▇▇▇ ▇▇. ▇▇▇▇▇▇ ▇▇. London▇▇▇▇, Ontario N6A 3A1 ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇ Consulting Engineers to 1960634 Ontario Inc. the Municipality of Middlesex Centre FROM: Development Engineering (London) Limited, ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇ T: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ Consulting Engineers to Sifton Properties Limited Re: Subdivision Agreement (the “Phase III Subdivision Agreement”) between 1960634 Ontario Inc. Sifton Properties Limited and the Municipality of Middlesex Centre and dated the  day of December 2021 (hereinafter referred June, 2017 pertaining to as the "Phase 3 Subdivision Agreement"). III Land being registered plan 33M - The undersigned hereby represents and warrants that the undersigned is a member in good standing with of the Professional Engineers Ontario and that the undersigned has been retained by 1960634 Ontario Inc. Sifton Properties Limited in connection with the Phase 3 III Subdivision Agreement and all works required thereby. As required by the Phase 3 III Subdivision Agreement the undersigned hereby undertakes to the Municipality of Middlesex Centre and to its above mentioned consulting engineers where appropriate as follows: • To design the Phase 3 Works works as described in the Phase 3 III Subdivision Agreement and the Schedules thereto, • To prepare tenders for the construction of any works to be assumed by the Municipalityworks, • To assist 1960634 Ontario Inc. Sifton Properties Limited to obtain all necessary approvals for the works in cooperation with the Municipality of Middlesex Centre, • To act as the representative of 1960634 Ontario Inc. Sifton Properties Limited in all matters pertaining to the inspection construction and contract administration of the installation of the works except as otherwise directed by 1960634 Ontario Inc. Sifton Properties Limited by notice to the Municipality, • To provide full-time on-site inspection of supervise the construction of all Phase 3 Works the works, • To keep schedule the Municipality informed of the general timing of the construction of the works except as otherwise directed by 1960634 Ontario Inc.Sifton Properties Limited by notice to the Municipality, • To prepare and maintain detailed records of in connection with the construction of the works, • Upon becoming aware To immediately notify the Municipality and the Ministry of the Environment and Climate Change, in the event that any hazardous materials being material is encountered as the construction and installation of the Phase 3 III Works progresses to forthwith notify the Municipality and the Ministry of Environment, Parks and Conservation Authority in the event that any hazardous materials are encounteredprogresses, and • To prepare and furnish “Record"as constructed" drawings of the works as required by the Phase 3 III Subdivision Agreement. The undersigned agrees that the undersigned will immediately advise the Municipality of Middlesex Centre and its above-above mentioned consulting engineers should there be any alteration in the undersigned's above described retainer and instructions from 1960634 Ontario Inc. Sifton Properties Limited. In connection with the Servicing Plans attached to the Phase 3 III Subdivision Agreement, Stantec Consulting Ltd. Development Engineering (London) Limited hereby acknowledges and agrees that: •  That the Servicing Plans have been and may continue to be reviewed and used relied upon by the Municipality of Middlesex Centre, The Corporation of the County of Middlesex, the Upper Thames River Conservation Authority, Her Majesty the Queen in right of the Province of Ontario as represented by the Ministry of the Environment, Conservation and Parks Environment and Climate Change and the Joint Board of Management for the Lake Huron Primary Water Supply System in the normal course of their duties in connection with the approvals and permitting processes for the Phase 3 III Subdivision Agreement; and •  That the Servicing Plans may be used as a record representing what was installed at the time of development relied upon by any person who deals with the Phase III Land after the Phase 3 III Subdivision Agreement has been registered on the title to the Phase 3 III Land and who obtains access to the Servicing Plans from the Land Office or from the offices of the Municipality. Executed the day of , 2022 2017 DEVELOPMENT ENGINEERING (LONDON) LIMITED Per: Name: ▇▇▇▇ ▇▇▇▇, ▇. ▇▇▇. Title: Principal I have the authority to bind the corporation SCHEDULE “J”‌ THE SUBDIVISION AGREEMENT made the  day of January 2022June, 2017. (hereinafter referred to as the “Subdivider”) B E T W E E N: SIFTON PROPERTIES LIMITED OF THE FIRST PART MUNICIPALITY OF MIDDLESEX CENTRE (hereinafter referred to as the “Municipality”) THE SUBDIVISION AGREEMENT made the  day of January 2022June, 2017. (hereinafter referred to as the “Subdivider”) B E T W E E N: SIFTON PROPERTIES LIMITED OF THE FIRST PART MUNICIPALITY OF MIDDLESEX CENTRE (hereinafter referred to as the “Municipality”) Letter of Credit No. To: Municipality of Middlesex Centre Pursuant to the request of our customer, 1960634 Ontario Inc.Sifton Properties Limited, the Bank, at Street in London hereby establishes in your favour an irrevocable letter of credit for any sum or sums not exceeding total of which may be drawn on at sight by you in whole or in part at any time and from time to time by written demand for payment at the branch named above which demand we shall honour without inquiring whether you have a right as between yourself and our customer to make such demand and without recognizing any claim of our said customer. PROVIDED, that you are to deliver to the Bank at such time as a written demand for payment is made a certificate signed by your Clerk,