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4229 Schedule A - Development Cost Sharing AgreementBETWEEN WE THIS DEVELOPMENT COST-SHARING AGREEMENT made this Qib day of tOhr , 2018, THE CORPORATION OF THE TOWN OF TILLSONBURG PERFORMANCE COMMUNITIES REALTY INC. (the "Town") (the "Owner") Whereas: 1. The Owner is the owner of certain lands and premises (the "Property") described in Schedule "A" to this agreement; 2. The Property has been the subject of an application for draft Plan of Subdivision being draft plan 32T-06005, as redlined by the County of Oxford on March 6,2017; and 3. The Owner has received approval from the Town to install certain municipal services (the "Works and Services") as described in Schedule "B" to this agreement on the Property and where applicable, on adjacent Town lands pursuant to the provisions of this Agreement; NOW THEREFORE, in consideration of the covenants and premises in this Agreement, the payment of the sum of two dollars by the Owner to the Town, the receipt and sufficiency of which is hereby acknowledged, and for other good and valuable consideration, the parties agree as follows: 1. Term This agreement shall remain in full force and effect until such time as all of the obligations herein have been fulfilled or this agreement is incorporated into and subsumed by a subdivision agreement or other form of development agreement in relation to the Property 2. Installation of Works and Services (1) The Owner shall install the Works and Services as described in Schedule "B" of this agreement on the Property and where applicable, on adjacent Town lands, pursuant to the provisions of this agreement. (2) The Owner agrees to install the Works and Services in accordance with the provisions of Schedule "B" and in accordance with Town specifications all to the satisfaction of the Town Director of Operations or his / her designate (the "Director"). (3) The Owner and Town agree to share the cost of the Works and Services in accordance with Schedule "C". 3. Maintenance and Repair The Owner agrees at its sole expense to maintain and repair the Works and Services to the satisfaction of the Director during the term of this agreement. 4. Estimated Costs, Cost Sharing and Contributions The Parties estimate the costs of the Works and Services as detailed in Schedule "C" (the "Estimated Cost of the Works and Services"). The Owner shall pay its share of the Estimated Costs of the Works and Services as detailed in Schedule "C"; the Town shall contribute the remainder reserving the right to recover contributions from adjacent land owners. The Town's contribution shall be paid incrementally to the Owner within thirty (30) day's of Town Director approval of the Owner's Progress Payment Certificate(s) request. Notwithstanding the Estimated Costs of the Works, the Owner and the Town agree to pay for the entire actual costs even if such costs are greater than the estimate in the same proportion as detailed in Schedule "C". 5. Cessation of Work The Owner agrees that it will proceed diligently with installation of the Works and Services. Should the installation of the Works and Services be interrupted for a period in excess of two (2) months, the Owner agrees, if so required by the Town, to restore, re -grade, place topsoil and seed the Property to the satisfaction of the Director or to take remedial steps to the satisfaction of the Director to remove or to render safe and useable the Works and Services and the Property including any adjacent Town lands. 6. Inspections and Right of Entry (1) The Town and its employees, agents or contractors may at any time enter on any part of the Property or Town property to inspect the construction to ensure compliance with any of the terms of this Agreement. (2) The Town and its employees, agents or contractors, may at any time enter on any part of the Property or Town property to perform, at the Owner's sole expense using the Security, any of the Owners obligations pursuant to this agreement. 7. Compliance with Applicable Legislation The Owner agrees that it will comply with all applicable legislation in the performance of the obligations contemplated by this agreement. Without limiting the generality of the foregoing, the Owner agrees to comply with all Town by-laws and to obtain all approvals required of all other bodies having jurisdiction, including the Ministry of the Environment, Conservation and Parks, the Ministry of Natural Resources and Forestry, The County of Oxford and the Long Point Conservation Authority. 8. Further Approvals The Owner acknowledges that this agreement does not predetermine, prejudice or constrain the Town's jurisdiction with respect to the approval, rejection or imposition of conditions in relation to any development approvals that are now or that may, in future, be proposed for the Property. Without limiting the generality of the foregoing, this agreement does not predetermine, prejudice or constrain the Town's jurisdiction with respect to the approval, rejection or imposition of further conditions to be satisfied prior to a Pre -Servicing Agreement and/or Subdivision Agreement for the Property. 9. Indemnification and Insurance (1) The Owner will always indemnify and save harmless the Town from and against all actions, suits, claims and demands which may be brought against or made upon the Town and from all loss, costs, charges and expenses which may be incurred, sustained or paid by the Town in relation to the installation and maintenance of the Works and Services, or the granting of such permission, pursuant to this agreement. (2) (a) The Owner shall throughout the term of this agreement provide and keep in force, for the benefit of the Town, Tillsonburg Hydo Inc., Oxford County and the Owner, general liability insurance in an amount of not less than $5,000,000 in respect of injury to or death of one or more persons or property damage. All insurance shall be effected with insurers and upon terms and conditions satisfactory to the Town. (b) The Owner shall promptly furnish to the Town copies of insurance policies and other evidence satisfactory to the Town as to such insurance and any renewals thereof. (c) In the event that the Owner fails to insure as required or fails to promptly furnish to the Town satisfactory evidence of such insurance or of the renewal thereof prior to its expiration, the Town may, from time to time, effect such insurance for the benefit of the Owner or the Town or both of them for a period not exceeding two (2) year(s) and any premium paid by the Town shall be recoverable by the Town from the Owner forthwith. 2 10. Liens The Owner shall indemnify and hold the Town harmless from and against liability, claims, damages or expenses due to or arising from any claim made against the Property and adjacent Town lands where Works and Services are installed therein pursuant to this agreement for all liens related to all work done by or on behalf of the Owner. Any such liability, claims, damages or expenses incurred by the Town shall be paid by the Owner to the Town forthwith upon demand. The Owner shall further cause all registration of claims for construction liens or certificates of action under the Construction Act, R.S.O. 1990, c. C.30, as amended, and relating to any such work done by or on behalf of the Owner, to be discharged or vacated as the case may be within thirty (30) days of such registration or within thirty (30) days after notice from the Town. 11. Assignment (1) This agreement shall not be assigned by the Owner or its assignees without an express written consent to assignment executed by both the Town and the assignee. (2) In the event that the Owner transfers, assigns or leases its interest in the Property or any part thereof (excepting sales of individual lots or blocks sold to builders of residential units), the Owner shall forthwith notify the Director in writing of such transfer or assignment together with the names and addresses of the transferees or assignees. (3) In the event that the Owner enters into an agreement to sell the Property (excepting sales of individual lots or blocks sold to builders of residential units), notice shall be provided forthwith to the Town. 12. Notice Any notice to be given pursuant to this agreement shall, unless otherwise specified in this agreement, be delivered or sent by registered letter or facsimile transmission to the Owner and the Town as follows: To the Owner at: President Performance Communities Realty Inc. 1 Barrie Boulevard St. Thomas, Ontario N5P 4B9 To the Town at: Town Clerk The Corporation Town of Tillsonburg 200 Broadway St. Unit 204 Tillsonburg, Ontario N4G 5A7 or to such other address as the Owner and the Town may respectively from time to time appoint in writing, and any such notice, if mailed, shall be conclusively deemed to be received by the other party five (5) business days after the date of the mailing thereof postage prepaid or dated confirmation of the facsimile transmission. 13. No waiver of Default No condoning, excusing, overlooking or delay in acting upon by the Town of any default, breach or non -observance by the Owner at any time or times in respect of any covenant, provision or condition in this agreement shall operate as a waiver of the Town's rights under this agreement in respect of any such or continuing subsequent default, breach or non -observance and no waiver shall be inferred from or implied by anything done or omitted by the Town except an express waiver in writing. 3 14. Entire Agreement The Owner acknowledges that there are no covenants, representations, warranties, agreements or conditions, express or implied, collateral or otherwise, forming part of or in any way affecting or relating to this agreement save as expressly set out or imported by reference in this agreement and that this agreement constitutes the entire agreement duly executed by the Town and the Owner. 15. Severability If any clause or clauses or part or parts of clauses in this agreement are determined to be illegal or unenforceable, they shall be considered separate and severable from this agreement and the remaining provisions of this agreement shall remain in full force and effect and shall be binding upon the parties to this agreement as though the said clause or clauses or part or parts of clauses have never been included. 16. Number and Gender Whenever a word importing the singular number only is used in this agreement, such word shall include the plural and words importing either gender and firms or corporations where applicable. 17. Interpretation It is acknowledged and agreed by the parties that this agreement shall be interpreted without regard to any presumption or other rule requiring construction against the party causing this agreement to be drafted. In witness whereof the parties have duly executed this agreement as at the year and date first above mentioned. 18. Successors and Assigns This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 19. Schedules The following Schedules shall form an integral part of this Agreement: (i) Schedule "A" Description of Property (ii) Schedule `B" Description of the Works and Services (iii) Schedule "C" Estimated Cost of the Works and Services 20. Acceptance by Fax The parties acknowledge and agree that the communication of this Agreement may be transmitted by way of a facsimile machine, and that they agree to accept such signatures and documents to be legal and binding upon them. 21. Counterparts This agreement may be signed in any number of counterparts, each of which is considered to be an original, and all of which are considered to be the same documents. 4 IN WITNESS WHEREOF the parties have executed this Agreement. THE CORP TION OF THE TOWN OF TILLSONBURG tephen Molnar Mayor Donna Wilson Clerk We have authority to bind the Corporation of the Town of Tillsonburg. PERFORMANCE COMMUNITIES REALTY INC. William R. Xyhoe President I have authority to bind the Corporation. SCHEDULE "A" LEGAL DESCRIPTION OF LANDS ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in the Town of Tillsonburg in the County of Oxford, being compromised of Block 81, Plan 41M-329, subject to an Easement in Gross favour of The Corporation of the Town of Tillsonburg, as in C0182175, Town of Tillsonburg. P.I.N: 00030-1063 SCHEDULE"B" DESCRIPTION OF THE WORKS AND SERVICES (Lowrie Crescent, Jane Street & Reid Street) CONSULTING SERVICES The Owner shall retain the services of a Registered Professional Engineer or firm of Professional Engineers with a Certificate of Authorization registered with the Professional Engineers of Ontario (hereinafter called the "Consulting Engineer") to carry out all the necessary engineering design, supervision and on-site inspection of the Works and Services. The Owner shall continue to retain the Consulting Engineer until the work provided for in this Agreement is completed and formally accepted by the Town and the Owner shall not retain the services of another Consulting Engineer or change firms without the prior written consent of the Town Director of Operations, or designate, which consent will not be unreasonably withheld. The Owner agrees that in the preparation of contract plans and specifications, the Consulting Engineer will adhere to the following procedures all at the cost of the Owner: i. Design all the Works and Services covered by this Agreement including the preparation of plans, profiles and specifications of the said Works and Services and final "as constructed" drawings in printed and digital form; ii. Obtain all the necessary approvals from the Town, County, the Ministry of the Environment, Conservation and Parks, the Ministry of Natural Resources, the Long Point Region Conservation Authority, and other utilities, authorities or governmental agencies as required by law prior to commencing any works in relation to the said Works and Services; iii. Prepare the necessary construction contract documents, provide field layout and contract administration; iv. Provide full time supervision and inspection of the construction of the said Works and Services. If the Owner's Consulting Engineer does not supervise and inspect the installation of the Works and Services to the satisfaction of the Town, acting reasonably, the Town may issue a stop work order; Maintain all records of construction of the said Works and Services and upon completion, advise the Town Director of Operations of all construction changes during the preparation of final "as constructed" dra%%ings; vi. Act as the Owner's representative in all matters pertaining to the construction of the Works or Services; vii. Supervise and inspect the construction of any remedial work required by the Town; viii. Fumish to the TOwn a statement certifying that all Works and Services have been constructed in conformance with the approved design drawings and to the applicable standards and specifications prior to the issuance of specifications prior to the issuance of any Certificate of Preliminary Acceptance and prior to the issuance of any Certificate of Final Acceptance. The Owner agrees with the Town that no Works or Services will be installed and no work shall be commenced until the Town has received all applicable external agency approvals and insurance, approved such construction drawings and specifications, and has expressly authorized such work to commence. All Works and Services shall be constructed and installed strictly in accordance with said approved contruction drawings and specifications, all to the satisfaction of the Town. The Owner agrees to construct all Works and Services and provide other requirements, which will be known only after the details of the engineering design are submitted to the Town and/or the County, and any applicable external agency approvals have been acquired. The Town and/or the County may require, in writing, a variance from such plans and specifications as may be required by conditions which may be disclosed as the work progresses, and by sound engineering practice. MUNICIPAL WORKS AND SERVICES The Owner agrees to construct and complete in a good workmanlike manner, for the Town all the Works and Services set forth in this Agreement to the satisfaction of the Town and that all Works and Services shall be constructed in strict accordance with the consruction drawings and specifications approved by the Town. (a) Water Distribution Svstem and Appurtenances The Owner acknowledges and agrees to construct water distribution system along adjacent Town lands and to connect said system to the existing municipal water distribution system. The Owner agrees to design and construct all watermains and appurtenances thereto in accordance with the Town and/or County standards and specifications and the Ministry of Environment, Conservation and Parks guidelines. The Owner will require County approval of the water distribution system to service the Property and adjacent Town lands through submission of a Ministry of Environment, Conservation and Parks Form 1. Prior to the issuance of the Certificate of Preliminary Acceptance the County or its service provider may connect or authorize connection of the water distribution system constructed by the Owner to the existing municipal water distribution system, but such connection shall not constitute acceptance of the system by the County or its service provider and the Owner shall continue to maintain system until formal acceptance All cutting or connecting to the existing municipal water distribution system shall normally be made by Town/County forces at the expense of the Owner. The Owners or its/his/her/their contractor may perform this work by permission of the Town Director of Operations and with the Town Inspector present. All watermains shall be of a size as determined by the Town and/or County and installed at a depth and location as determined by the Town and/or County. The opening and closing of existing water valves and hydrants shall only be performed by Town/County staff. The Consulting Engineer should make arrangements in advance of this type of work to be done. The Owner shall supply and install the required individual water service laterals and all appurtenances from the watermain to the property line of every lot along adjacent Town lands in accordance with the latest issue of specifications and standards of the Town and/or County and all applicable laws. The Owner agrees to relocate, support or modify any existing utility service facilities as may be necessary by reason of the Works and Services required under this Agreement. (b) Sanitary Collection Svstem and Appurtenances The Owner acknowledges and agrees to construct a sanitary sewer collection system along adjacent Town lands and to connect such system to the existing municipal sanitary sewer collection system. The Owner agrees to construct all sanitary sewers and appurtenances thereto in accordance with the Environmental Compliance Approval (Sanitary) as issued through the Transfer of Review by the County and in accordance with the approved construction drawings and specifications for sanitary sewer collection systems as set out in the Town and/or County standards and specifications and the Ministry of Environment, Conservation and Parks guidelines. Prior to the issuance of the Certificate of Preliminary Acceptance, the County or its service provider may connect or authorize connection of the sanitary sewer collection system constructed by the Owner to the existing municipal sanitary sewer collection system, but that such connection shall not constitute acceptance of the system by the County or its service provider and the Owner shall continue to maintain the system until formal acceptance. All sanitary sewers shall be of a size as determined by the Town and/or County and installed at a depth and location as determined by the Town and/or County. The Owner shall supply and install the required individual sanitary service laterals and all appurtenances from the sanitary sewer main to the property line of every lot along adjacent Town lands in accordance with the latest issue of specifications and standards of the Town and/or County and all applicable laws. The Owner agrees to relocate, support or modify any existing utility service facilities as may be necessary by reason of the work required under this Agreement. (c) Stormwater Collection System and Appurtenances The Owner acknowledges and agrees to construct a storm sewer collection system along adjacent Town lands and to connect such system the existing municipal storm sewer collection system. The Owner agrees to construct all storm sewers and appurtenances thereto in accordance with the Environmental Compliance Approval (Storm) as issued through the Transfer of Review by the County of Oxford and in accordance with the approved construction plan drawings and standards for stormwater collection systems as set out in the Town standards and specifications. Prior to the issuance of the Certificate of Preliminary Acceptance, the Town may connect or authorize connection of the storm sewer collection system constructed by the Owner to the existing municipal storm sewer collection system, but that such connection shall not constitute acceptance of the system by the Town and that the Owner shall continue to maintain the system until formal acceptance. All storm sewers shall be of a size as determined by the Town and installed at a depth and location as determined by the Town. The Owner shall supply and install the required individual storm service laterals and all appurtenances from the storm sewer main to the property line of every lot along adjacent Town lands in accordance with the latest issue of specifications and standards of the Town and all applicable laws. The Owner agrees to relocate, support or modify any existing utility service facilities as may be necessary by reason of the work required under this Agreement. (d) Roadways, Curb and Gutters, and Boulevards The Owner shall construct all roadways, curbs and gutters and appurtenances thereto in accordance with the approved construction drawings and Town standards including the excavation and grading to the full width of the right-of-way. All roadways shall receive two layers of asphalt that shall be placed at such times as may be allowed by the Town in writing. The Owner shall maintain the roadways in a usable condition for vehicular traffic until the issuance of the Certificate of Preliminary Acceptance of such roadways. Immediately prior to the placement of base course asphalt the Consulting Engineer shall provide the Town with a certificate from a qualified geotechnical engineer certifying the granular road base. The granular road base shall may also be inspected by the Town and where, in the opinion of the Town, the granular road base has become contaminated the Owner shall remove all such contaminated areas and replace with acceptable material. 0 Concrete curb and gutters shall be constructed in compliance with Town standards and shall be constructed to the line and grade as per the approved construction drawings. The Owner shall provide a record of such line and grades to the Town. Prior to the issuance of the Certificate of Final Acceptance for said curbs and gutters by the Town all maintenance and repairs of all curbs and gutters will be the responsibility of the Owner. The Owner shall properly grade and finish all road allowance boulevards and other areas to be landscaped with 100 mm of topsoil and nursery sod in accordance with Town standards. (e) Sidewalks R Pedestrian Walkways Concrete sidewalks shall be constructed on at least one side of local roadways shown within the Subdivision and on both sides of collector and arterial roadways as specified by the Town. Sidewalks, where required in the Subdivision, shall be constructed according to Town standards. Sidewalk ramps will be constructed at intersections or where required to the satisfaction of the Town. Concrete pedestrian walkways shall be constructed in accordance with Town standards and shall be delineated with a 1.5m high galvanized chain link fence along the property line. Prior to the issuance of the Certificate of Final Acceptance for said sidewalks and walkways by the Town, maintenance and repairs of all sidewalks and walkways will be the responsibility of the Owner. (f) Additional Works If at any time during the construction the Town is of the opinion that modifucatins or additional works are necessary to adequately provide any of the Works and/or Services required by the approved construction plan drawings, the Owner shall construct, install or perform such additional works as may be requested by the Town upon receiving written notice from the Town, providing it is reasonable and practical to do so. PRELIM [NARY ACCEPTANCE (a) Subject to the provision of this Agreement regarding Final Acceptance of the Works and Services, when all the Works and Services have been completed and cleaned to the satisfaction of the Consulting Engineer, the Owner shall provide the Town with the following: i. A maintenance security in the form of cash or a letter of credit in the amount equal to ten percent (10%) of the total construction costs of the Works and Services along adjacent Town lands; ii. A Statutory Declaration that all accounts for material, labour and equipment for the Works and Services have been paid and that there are no claims for liens or otherwise in connection with such work done for the Owner; iii. Proof that all Ministry of Environment, Conservation and Parks Environmental Compliance Approvals (ECA) and all other applicable approvals and/or permits associated with the Works and Services have been obtained and are in good standing; iv. Proof of insurance naming the Town, Tillsonburg Hydro Inc. and the County as additional insured's as provided for in the Insurance provisions of this Agreement; v. A certificate from the Consulting Engineer certifying that: a. All Works and Services have been constructed in conformance with the approved design drawings and to the applicable standards and specifications; 10 b. All fire hydrant flow testing has been completed in the presence of a licensed operator from the County and/or designated service provider and all field test data has been submitted. c. All sanitary and storm manholes and catch basins have been flushed and cleaned of foreign matter along with a CCTV inspection of the sanitary and storm sewer systems, a copy of which shall be supplied to the Town, with confirmation that all deficiencies the CCTV inspection revealed have been rectified. (b) Upon the Town receiving all of the required items as described in (a) above, the Town shall make an inspection of the Works and Services. When the Town is satisfied that the Works and Services are complete and in conformance with the applicable standards and specifications, the Town Director of Operations shall issue a Certificate of Preliminary Acceptance. If the Town is not satisfied that the Works and Services are complete, it may fumish the Owner with a list of deficiencies for the Works/Services and the Owner shall correct those deficiencies and the Town Director of Operation shall only issue a Certificate of Preliminary Acceptance upon being satisfied that those deficiencies have been corrected. (c) The Town Director of Operations shall issue separate Certificates of Preliminary Acceptance for the Underground Works/Services, and the remaining Above -ground Works/Services (d) "Underground Works/Services" means any municipal service, facility or utility which is required under this Agreement and without restricting the generality of the foregoing includes the water distribution system, sanitary sewer collection system, stormwater collection system, street lighting, and that the road allowance has been graded to its full width with full depth Granular `13% Granular `A', curb and gutter, and base course asphalt installed. (e) "Above -ground Works/Services" means all the remaining Works and Services not included as part of the Underground Works/Services required to be installed pursuant to this Agreement. (f) It is agreed that the final course of asphalt will not be placed prior to one (1) year after the Certificate of Preliminary Acceptance for the the Underground Works/Services has been issued. (g) It is further agreed that the final course of asphalt and all sidewalks will be placed when eighty percent (80%) of the Lots along adjacent Town lands have received occupancy or within the fifth year after the Certificate of Preliminary Acceptance for the Underground Works/Services has been issued, whichever occurs first. MAINTENANCE OF WORKS AND SERVICES (a) The Owner shall be responsible for the repair and maintenance of all Works and Services constructed, installed, or provided by the Owner on adjacent Town lands for a period of two (2) years from the date of issuance of the Certificate of Preliminary Acceptance for the Works and Services to which the same relates ("Maintenance Period"). (b) It is further agreed that the Owner shall provide a maintenance period of one (1) year for the final course of asphalt commencing from the date of issuance of the Certificate of Preliminary Acceptance for such work. (c) If during the Maintenance Period the Owner fails to carry out maintenance work within seventy-two (72) hours after receiving a written request from the Town, the Town may, without further notice, undertake such maintenance work and the total cost thereof shall be paid by the Owner forthwith upon demand which cost shall include all administrative, legal and other expenses incurred by the Town in carrying out such maintenance work. If the Owner fails to pay for such work within thirty (30) days of the date of billing, then the money owing may be deducted from the deposited security. 11 FINAL ACCEPTANCE (a) One month before the end of the Maintenance Period the Works and Services identified in the applicable Certificate of Preliminary Acceptance, the Owner shall make a request for a final inspection. The Town will inspect the identified Works and if any deficiencies are evident in the installation, materials, workmanship, engineering design, a revised list of deficiencies will be provided to the Owner to make the necessary corrections and repairs. An extended Maintenance Period may be required on corrected and/or repaired Works/Services. (b) Furthermore the release of the Construction Contract Maintenance Holdback by the Consulting Engineer shall be contigent upon and shall coincide with the issuance of the Certificate of Final Acceptance by the Town Director of Operations. (c) Prior to issuance of any Certificate of Final Acceptance by the Town Director of Operations, the Owner shall provide to the Town: i. A Statutory Declaration that all accounts for material, labour and equipment for the Works and Services have been paid and that there are no claims for liens or otherwise in connection with such work done for the Owner ii. Proof that all Ministry of Environment, Conservation and Parks Environmental Compliance Approvals (ECA) and all other applicable approvals and/or permits associated with the Owner's proposed Works and Services have been obtained and are in good standing; iii. Proof of insurance naming the Town, Tillsonburg Hydro Inc. and the County as additional insured's as provided for in the Insurance provisions of this Agreement; iv. A certificate from the Consulting Engineer certifying that: a. All Works and Services have been constructed in conformance with the approved design drawings and to the applicable standards and specifications and that any and all deficiencies have been rectified; b. All Sanitary and Storm manholes and catch basins have been re -flushed and cleaned at the end of the Maintenance Period of foreign matter along with a CCTV inspection of the Sanitary and Storm sewer systems with confirmation that any new deficiencies the CCTV inspection revealed have been rectified; c. All fire hydrant flow testing has been completed in the presence of a licensed operator from the County and/or designated service provider and all field test data has been submitted. v. Final "as constructed" drawings of the Works on original mylar transparencies and on CD -R media or USB 2.0 in AutoCAD or DXF format. vi. Record Forms indicating the swing tie measurements to plant features such as hydrants, valves, sanitary manholes, storm manholes, catch basins, double catch basins, etc. in hardcopy or PDF format, using the plant ID numbers from the design drawings. All measurements are to be metric. (d) Once the Town is satisfied that all deficiencies have been rectified and provided that the Owner has otherwise complied with this Agreement, the Town Director of Operations shall issue a Certificate of Final Acceptance of the applicable Works and Services. (e) A separate Certificate of Final Acceptance for the base course asphalt including curb and gutter will be provided following an inspection by the Town and once the Town is satisfied that all related deficiencies have been rectified one month prior to the placement of the final course of asphalt. (1) The Town agrees that upon the issuance of the Certificate of Final Acceptance of the Underground and Above -ground Works/Services, the Town shall bear the cost of all expenses associated with each of the said Underground and Above -ground Works/Services. 12 SCHEDULE"C" ESTIMATED COSTS OF THE WORKS AND SERVICES (Lowrie Crescent, Jane Street & Reid Street) Summary Total Owner Town Station 1+468 to 1+755 $ 641,650 $ 346,847 $ 294,803 Station 1+755 to CL Wilson Avenue 234,920 55,979 178,941 Reid Street 56,447 28,526 27,921 Jane Street 132,212 - 132,212 Total (excluding HST) $ 1,065,229 $ 431,352 $ 633,877 Financial Security: The Town agrees that at the time of the execution of a Pre -Servicing Agreement and/or a Subdivision Agreement for Andrews Crossing Phase 2, the Owner will be responsible to provide financial security for only the portion of the works that it is responsible for as outlined above. 13