2019 MASTER DEVELOPMENT AGREEMENT

DEVELOPER: AgreementPartyList2

DATE OF AGREEMENT - ____________________

AGREEMENT NUMBER - ____________________

CITY CLERK’S IDENTIFICATION NO. - ____________________

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 TABLE OF CONTENTS

Part 1 - ADMINISTRATIVE PROVISIONS ................................................................................... 2

A. DEFINITIONS ................................................................................................................ 2
B. SCOPE OF AGREEMENT .......................................................................................... 13
C. NOTICES ..................................................................................................................... 13
D. REGISTRATION OF AGREEMENT ............................................................................ 13
E. OBLIGATIONS AS COVENANTS ............................................................................... 14
F. APPLICABLE LAW ...................................................................................................... 14
G. INTERPRETATION OF AGREEMENT........................................................................ 14
H. WAIVER....................................................................................................................... 15
I. TIME ............................................................................................................................ 15
J. SUCCESSORS AND ASSIGNS .................................................................................. 16
K. WARRANTY ................................................................................................................ 16
L. RECITALS AND SCHEDULES.................................................................................... 16
M. SPECIAL CLAUSES .................................................................................................... 16
N. PERFORMANCE OF OBLIGATIONS ......................................................................... 17
O. TERM OF AGREEMENT ............................................................................................. 17
P. STRIKES AND LOCKOUTS ........................................................................................ 18
Part 2 - GENERAL CONSTRUCTION OBLIGATIONS ............................................................. 18
Part 3 - OFF-SITE LEVIES, CHARGES & FEES ....................................................................... 22
A. OFF-SITE LEVIES ....................................................................................................... 22
B. UTILITY OVERSIZE .................................................................................................... 22
C. MAJOR ROAD STANDARD OVERSIZE ..................................................................... 22
D. TRAFFIC SIGNAGE AND ROAD MARKINGS ............................................................ 23
E. COMMUNITY SERVICES ........................................................................................... 23
F. INSPECTION FEE ....................................................................................................... 23
Part 4 - PLANS........................................................................................................................... 23
Part 5 - SANITARY SEWERS .................................................................................................... 26
A. INSTALLATION ........................................................................................................... 26
B. OVERSIZE................................................................................................................... 27
Part 6 - STORM SEWERS ......................................................................................................... 27
A. INSTALLATION ........................................................................................................... 27
B. OVERSIZE................................................................................................................... 28
C. DRAINAGE DURING DEVELOPMENT....................................................................... 29
D. WATER TABLE AND ALKALI CONTENT ................................................................... 29
E. DRAINAGE CONTROL ............................................................................................... 30
F. OVERLAND DRAINAGE EASEMENT AND RESTRICTIVE COVENANT .................. 31
G. TRAPPED LOW AREAS (TEMPORARY STORM WATER STREET STORAGE) ..... 31
H. NOTIFICATION FOR STORM WATER POND FACILITIES ....................................... 32
Part 7 - WATER.......................................................................................................................... 32
A. INSTALLATION ........................................................................................................... 32
B. OVERSIZE................................................................................................................... 33
C. WATER FEEDER MAINS ............................................................................................ 34
D. CONNECTION TO CITY WATER SUPPLY ................................................................ 35
E. CHARGES FOR WATER USAGE ............................................................................... 35
F. CONDITION OF WATER SHUT-OFF ......................................................................... 35
G. USE OF FIRE HYDRANTS ......................................................................................... 35

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 H. INSTALLATION OF CATHODIC PROTECTION TEST POINTS ................................ 36
I. WATER SUPPLY – RELEASE OF BUILDING PERMITS ........................................... 36
Part 8 - STREETS AND AVENUES ........................................................................................... 36
A. CONSTRUCTION ........................................................................................................ 36
B. OVERSIZE................................................................................................................... 36
C. BOUNDARY ................................................................................................................ 37
D. SOIL INSTABILITY ...................................................................................................... 37
E. INSTALLATION OF TRAFFIC CONTROL DUCTS ..................................................... 37
F. ACCESS ROADS ........................................................................................................ 37
Part 9 - LANES AND WALKWAYS ........................................................................................... 38
A. CONSTRUCTION ........................................................................................................ 38
B. RESTRICTIVE COVENANTS...................................................................................... 39
Part 10 - SIDEWALKS, CURBS AND GUTTERS ..................................................................... 39
A. CONSTRUCTION ........................................................................................................ 39
B. BOUNDARY ................................................................................................................ 40
Part 11 - FENCING..................................................................................................................... 40
Part 12 - STRIPPING AND ROUGH GRADING ........................................................................ 41
Part 13 - TRANSPORTATION AND UTILITY CORRIDORS ..................................................... 44
Part 14 - LANDSCAPING OF RESERVE PARCELS, PUBLIC UTILITY LOTS, STREETS AND
AVENUES AND UNDERGROUND IRRIGATION .......................................................... 45
A. GRADING, LOAMING AND SEEDING........................................................................ 45
B. UNDERGROUND IRRIGATION AND POWER SUPPLY ............................................ 46
C. OPTIONAL SUBDIVISION AMENITIES ...................................................................... 46
D. ENVIRONMENTAL RESERVES (PROTECTION AND FENCING) ............................ 47
E. LOAM STOCKPILING ................................................................................................. 47
F. URBAN FOREST MANAGEMENT (TREE PLANTING) .............................................. 50
Part 15 - STREET LIGHTING, WALKWAY LIGHTING AND RESERVE PATHWAY LIGHTING50
Part 16 - EASEMENTS .............................................................................................................. 52
Part 17 - LAND PURCHASE ...................................................................................................... 52
A. LAND PURCHASE OPTION AGREEMENT................................................................ 52
B. LAND PURCHASE – UNSERVICED LAND ................................................................ 52
C. LAND PURCHASE – SERVICED LAND ..................................................................... 53
D. LAND PURCHASE - RESERVE PURPOSES ............................................................. 53
Part 18 - SECURITY ................................................................................................................... 53
Part 19 - INSURANCE ............................................................................................................... 57
Part 20 - INDEMNIFICATION ..................................................................................................... 59
Part 21 - RECOVERY OF COSTS, BOUNDARY ROADS, LANES AND SCHOOL LANDS .... 60
A. GENERAL.................................................................................................................... 60
B. ENDEAVOURS TO ASSIST IN COST RECOVERY ................................................... 61
C. SCHOOL SITES .......................................................................................................... 62
Part 22 - CONSTRUCTION COMPLETION CERTIFICATES .................................................... 63
A. CONSTRUCTION COMPLETION ............................................................................... 63
B. PROCEDURE FOR OBTAINING CONSTRUCTION COMPLETION CERTIFICATES67
C. PROCEDURES – PARKS ........................................................................................... 69
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Part 23 - MAINTENANCE .......................................................................................................... 70
A. GENERAL.................................................................................................................... 70
B. SANITARY SEWER, STORM SEWER AND STORM WATER POND FACILITIES
MAINTENANCE .................................................................................................................. 72
C. WATER HYDRANTS, MAIN AND SERVICE VALVE BOXES..................................... 72
D. MAINTENANCE PERIODS ......................................................................................... 72
Part 24 - FINAL ACCEPTANCE CERTIFICATES ..................................................................... 76
Part 25 - GENERAL PROVISIONS ............................................................................................ 77
A. DEFECT OR DEFAULT BY DEVELOPER .................................................................. 77
B. MAINTENANCE OF ACCESS ROUTE ....................................................................... 78
C. DUST, DIRT AND CONSTRUCTION MATERIAL DEBRIS CONTROL ...................... 79
D. LAND USE CLASSIFICATION SIGN .......................................................................... 80
E. SURVEY CONTROL AND MAPPING ......................................................................... 80
F. TRAFFIC DETOUR CONTROL ................................................................................... 81
G. RECREATIONAL VEHICLE PARKING ....................................................................... 81
H. CESSATION OF RIGHT TO INSTALL OR CONSTRUCT .......................................... 81
I. INVOICING AND PAYMENT ....................................................................................... 82
J. PENALTIES ................................................................................................................. 83

SCHEDULES

Schedule “1” Unit Rates Schedule

Schedule “2” Off-Site Levies and Assessments

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2019 MASTER DEVELOPMENT AGREEMENT

THIS AGREEMENT made this _________ day of _______________________, 201___.

BETWEEN:

THE CITY OF CALGARY, a municipal corporation

in the Province of Alberta
(the “City”)

- and -

AgreementPartyList2

duly registered corporation(s) in the Province of Alberta,

(the “Developer”)

RECITALS

WHEREAS the Developer is or will become the owner of lands situated in The City of
Calgary, Province of Alberta, all or a portion of which the Developer intends to either subdivide,
develop or both in 2019;

AND WHEREAS in connection with any subdivision or development application, the

Developer will be obligated to design the Infrastructure required to service that portion of the
lands forming the subject of the application and such other lands as the Managing Director,
Calgary Approvals Coordination determines appropriate, and obtain the approval for the design
and construction of the Infrastructure from the Development Engineer;

AND WHEREAS pursuant to Sections 650, 651 and 655 of the Municipal Government
Act, as a condition of subdivision and development approval the Approving Authority is
authorized to require the Developer to enter into an agreement regarding the obligations
associated with the construction of, installation of and payment for the Infrastructure, and the
provision of sufficient Security to ensure that the terms of the agreement are carried out;

AND WHEREAS in anticipation of receiving approval in 2019 for the subdivision,

development or both of all or a portion of the Lands, and the imposition of a condition pursuant
to Sections 650, 651 and 655 of the Municipal Government Act, the Developer has determined it
both desirable and expedient to enter into a single master agreement to establish the principles
that will govern the general obligations associated with the construction and installation of and
payment for the Infrastructure that will be required as a condition of any approval of subdivision
or development and provision of Security to ensure that the terms of the agreement are carried
out;

AND WHEREAS specific obligations regarding the Infrastructure imposed as a condition

of approval by the Approving Authority shall be documented through the Special Clauses
Agreement between the City and the Developer, into which the provisions of this Agreement
shall be incorporated;

NOW THEREFORE WITNESSETH THAT IN CONSIDERATION OF the foregoing, the

respective covenants contained herein, and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged by each of the parties, the parties hereto

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agree as follows:

PART 1 - ADMINISTRATIVE PROVISIONS

A. DEFINITIONS

1.01 In this Agreement, the following terms shall have the meanings set out below:

(1) “Actual Cost” means the cost to the City for the construction of Boundary Roads
and Lanes being the Unit Rate of the year of this Agreement and the accrued
interest at Alberta Capital Finance Authority rates;

(2) “Additional Insured” means a party added as an insured party entitled to benefit
from a current comprehensive general liability insurance policy held by the
Developer and as further defined in such policy;

(3) “Agreement” means this Agreement between the parties hereto including the
above Recitals and Schedules attached hereto;

(4) “Approving Authority” means:

(a) in the case of subdivision applications, those City employees authorized

to approve subdivision applications; and

(b) in the case of development permit applications, those City employees

authorized to approve development permit applications, or the Calgary
Planning Commission;

(5) “As-built Drawings” means the plans and schedules showing the locations of
the Infrastructure, constructed or installed, together with the lengths and sizes of
materials, using for this purpose standard symbols and forms as authorized by
the Development Engineer;

(6) “Boulevard” means the area between the back of a curb and edge of a separate
sidewalk;

(7) “Boundary Costs” means the cost of the construction of Boundary Roads and
Lanes including the sidewalks, curbs and gutters, catch basins and leads, street
lighting, paved roads and paved and gravelled lanes and regional pathways
constructed within the Boundary Roads and Lanes computed using either the
Unit Rate Schedule or Unit Rate as the case may be;

(8) “Boundary Roads and Lanes” means a road or lane constructed along a
boundary of the Development Area;

(9) “City” means The City of Calgary, a municipal corporation in the Province of
Alberta;

(10) “City Solicitor” means the individual appointed to the position and holding title of
the City Solicitor of the City of Calgary from time to time or the individual
designated to act in his or her place generally or for the purpose of administering

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this Agreement;

(11) “City Specifications” means the design and construction requirements for items
arising in connection with the subdivision or development of land contained in all
City policy documents, as amended and replaced from time to time, including but
not limited to the Infrastructure, parks, subdivision servicing and erosion and
sediment control;

(12) “Commercial Development” means development that contains a commercial

land use district of the City of Calgary Land Use Bylaw 1P2007, as amended and
replaced from time to time, and may contain an industrial land use district but
does not contain a residential land use district;

(13) “Community Park” means municipal reserve parcels or municipal school reserve
parcels that are approximately 3.6 to 9.2 hectares in size, dedicated to the City
as part of the 10% reserve land dedication requirements pursuant to the
Municipal Government Act, including but not limited to tot lots, school grounds,
recreation grounds or community centre lease sites;

(14) “Community Services Charge” means the charge per hectare for each and
every hectare or part thereof within the Development Area, including those areas
which may be dedicated to the City for reserve parcels and any other public use,
but excluding those lands dedicated as Environmental Reserve, the total amount
of which will be specified within each Special Clauses Agreement, and which
shall be used by the City towards the cost of the construction of emergency
response stations, recreation facilities, libraries, police stations and large buses
necessary to serve development for new growth areas, regardless of the location
of the Development Area;

(15) “Conceptual Site Plan” means those drawings containing the design details
associated with the landscaping, development and construction of all parks within
the Development Area;

(16) “Construction Completion Certificate” means a document:

(a) signed and sealed by the Consulting Engineer and stamped with his or
her Association of Professional Engineers and Geoscientists of Alberta
permit to practice stamp, certifying that the particular piece of
Infrastructure identified was constructed in accordance with the City
Specifications, or in the case of Infrastructure contemplated in
paragraph 22.13 herein, either signed by the Consulting Engineer or a
Landscape Architect certifying that the particular piece of Infrastructure
was constructed in accordance with the City Specifications;

(b) that contains the projected earliest maintenance expiry date for a specific
piece of Infrastructure; and

(c) is acknowledged and dated by the Managing Director, Calgary Approvals

Coordination;

(17) “Construction Completion Date” means six (6) years from the date of this

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Agreement unless otherwise specified in writing by the Managing Director,

Calgary Approvals Coordination;

(18) “Construction Drawings” means those drawings containing the technical details
associated with the design, construction and installation of the Infrastructure,
including any applicable revisions, as approved by Managing Director, Calgary
Approvals Coordination, and which form a part of this Agreement;

(19) “Consulting Engineer” means a Professional Engineer registered in the

Province of Alberta who is a member in good standing of the Association of
Professional Engineers and Geoscientists of Alberta and is employed or retained
by the Developer in connection with the obligations contained in this Agreement;

(20) “Consulting Engineer’s Field Services Guidelines” means that document

entitled “Consulting Engineer’s Field Services Guidelines” drafted by the City, in
force as of the date of this Agreement, and as amended and replaced from time
to time until the relevant Final Acceptance Certificate is issued, which governs
the minimum level of field services to be performed by the Consulting Engineer
relating to the construction, installation and inspection of the Infrastructure;

(21) “Contractor” means the individual or corporation hired by the Developer to

undertake the obligations contained in this Agreement on behalf of the Developer
for the installation, construction and maintenance of the Infrastructure;

(22) “Deep Fills Report” means a geotechnical analysis of the soils within areas of
the Development Area being filled more than two metres deep by a Geotechnical
Engineering Consultant prepared in accordance with the City’s “Geotechnical
Report Guidelines for Land Development Applications”, as amended and
replaced from time to time, which contains recommendations on any
development restrictions, including bearing certificates and special foundation
designs, that may be necessary to ensure the integrity of any structure, including
buildings, roads and utilities, constructed on those fill areas;

(23) “Developer” means AgreementPartyCommaList2, duly registered

corporation(s) in the Province of Alberta;

(24) “Developer Funded Infrastructure Stabilization Fund – Major Road Standard

Oversize” means the trust account into which the funds from the Major Road
Standard Oversize Charge are paid and redistributed back to developers based
on specific criteria, which fund is monitored by the BILD – Calgary Region on
behalf of the development industry and administered by the City;

(25) “Developer Funded Infrastructure Stabilization Fund – Utility Oversize”

means the trust account into which the funds from the Utility Oversize Charge are
paid and redistributed back to developers based on specific criteria, which fund is
monitored by the BILD – Calgary Region on behalf of the development industry
and administered by the City;

(26) “Developer of Record” means the Developer of Record as defined in each

Special Clauses Agreement and each Interim Indemnity Agreement;

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(27) “Development Area” means any portion of the Lands that are the subject of a
subdivision or development permit approval, which the Developer intends to
immediately develop, and for which the Developer will be obligated to design,
construct and install the Infrastructure, which will be more particularly described
in each Special Clauses Agreement between the Developer and the City;

(28) “Development Engineer” means the City employee appointed to the position of
Development Engineer or the individual authorized to act in his or her place
generally or for the purpose of administering this Agreement;

(29) “Development Officer” means the City employee appointed to and holding the
position of Development Officer as contemplated by the City of Calgary Land Use
Bylaw 1P2007, as amended and the Municipal Government Act;

(30) “Director, Calgary Parks” means the City employee appointed to the position of
Director, Parks or the individual authorized to act in his or her place generally or
for the purpose of administering this Agreement;

(31) “Director, Community Planning” means the City employee appointed to the
position of Director, Community Planning or the individual authorized to act in his
or her place generally or for the purpose of administering this Agreement;

(32) “Director, Environmental and Safety Management” means the City employee
appointed to the position of Director, Environmental and Safety Management or
the individual authorized to act in his or her place generally or for the purpose of
administering this Agreement;

(33) “Director, Roads” means the City employee appointed to the position of
Director, Roads or the individual authorized to act in his or her place generally or
for the purpose of administering this Agreement;

(34) “Director, Water Resources” means the City employee appointed to the position
of Director, Water Resources or the individual authorized to act in his or her
place generally or for the purpose of administering this Agreement;

(35) “Director, Water Services” means the City employee appointed to the position
of Director, Water Services or the individual authorized to act in his or her place
generally or for the purpose of administering this Agreement;

(36) “District Park” means municipal reserve or municipal school reserve parcels that
are greater than or equal to 9.2 hectares in size, and are not part of the 10%
reserve dedication pursuant to the Municipal Government Act, and which are
defined by the Park Specifications as “District Parks”;

(37) “Drainage Plans” means one or more engineering design drawings included in
the Construction Drawings, which detail the design parameters and solutions for
all aspects associated with the management of storm water in and around the
Development Area. Supporting these Drainage plans are Stormwater
Management Reports, Staged Master Drainage Plans and Pond Reports;

(38) “Entrance Road Standard” means a portion of the road network extending from

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an arterial or collector road, as defined in the Roads Standards and

Specifications, into a portion of the Development Area, which for marketing or
aesthetic purposes the Developer determined that additional amenities are
planned to be constructed in excess of the minimum technical requirements for
the said portion of the road;

(39) “Erosion and Sediment Control Plan” means that document, including
applications and drawings, prepared in accordance with the City’s requirements
contained in the Water Resources’ submission requirements for erosion and
sediment control, as amended and replaced from time to time, satisfactory to the
Team Lead, Stormwater Pollution Prevention, outlining measures to protect
infrastructure, watercourses and adjacent lands from erosion and sediment
pollution arising from the Development Area. The Erosion and Sediment Control
Plan must be adhered to prior to commencement of stripping and grading
operations associated with the Development Area until completion of grading,
infrastructure installation and site rehabilitation, which may be required until all
Final Acceptance Certificates for the Development Area are acknowledged;

(40) “Final Acceptance Certificate” means a document:

(a) signed and sealed by a registered Professional Engineer and stamped

with an Association of Professional Engineers and Geoscientists of
Alberta permit to practice stamp, certifying that the particular piece of
Infrastructure identified was maintained in accordance with the City
Specifications;

(b) that identifies that the particular piece of Infrastructure is in order for
acceptance by the Managing Director, Calgary Approvals Coordination;
and

(c) is acknowledged and dated by the Managing Director, Calgary Approvals

Coordination;

(41) “Final Inspection Report” means a report stating that deficiencies have been
corrected and that a specific portion of the Infrastructure is recommended for
acceptance by the City;

(42) “Geotechnical Engineering Consultant” means a Professional Engineer who is

a member in good standing of the Association of Professional Engineers and
Geoscientists of Alberta and knowledgeable or certified in the specialization of
geotechnical engineering;

(43) “Growing Season” means that period of time between the dates that the Park
Development Inspector acknowledges the Construction Completion Certificate to:

(a) June 30 of the following year; or

(b) the date when, in the sole opinion of the Director, Parks, the irrigation
system(s) are operating and the vegetation is in full leaf, whichever event
occurs last;

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(44) “Industrial Development” means development that contains an industrial land

use district of the City of Calgary Land Use Bylaw 1P2007, as amended and
replaced from time to time but does not contain a residential or commercial land
use district;

(45) “Infrastructure” means those utilities (including but not limited to sanitary
sewers, storm sewers, Storm Water Pond Facilities, water mains and hydrants,
sewer and water service connections), improvements (including but not limited to
sidewalks, curbs and gutters, paved roads, paved walkways, paved and/or
gravelled lanes, Surface Drainage Facilities, bridges, culverts, retaining walls,
stairways and landscaping), street lights, Boulevards, public utility lots and
reserve parcels (including landscaping) and other services, as shown in the
Construction Drawings, designed and intended to service the Development Area,
and such other lands as the Managing Director, Calgary Approvals Coordination
determines appropriate;

(46) “Inspection and Testing Company” means a consulting engineering firm

certified by the Association of Professional Engineers and Geoscientists of
Alberta as evidenced by a permit to practice to undertake geotechnical
engineering analysis;

(47) “Inspection Fee” means the charge per hectare for each and every hectare or
part thereof within the Development Area, including those areas which may be
dedicated to the City for reserve parcels and any other public use, but excluding
those lands dedicated as Environmental Reserve, regardless of the location of
the Development Area within the City, the total amount of which will be specified
in each Special Clauses Agreement, which shall be used by the City towards the
cost of inspections by the City related to the installation of: sanitary sewers;
storm sewers, water mains and hydrants; sewer and water service connections;
parks irrigation systems; and for the construction of surface improvements
including parks landscaping requirements. More specifically this covers only the
cost of manpower and equipment required by the City for: inspections; the cost of
quality control; and the materials testing program operated by the Roads
Business Unit;

(48) “Interim Indemnity Agreement” means the agreement that has been entered
into between the City and the Developer to allow the Developer to commence the
stripping and grading of and installation of underground utilities and construction
of surface improvements within a Development Area;

(49) “Joint Inspection Certificate” means a document that is submitted to the City
with the relevant Construction Completion Certificate, and is signed by both the
relevant City inspector for the specific Infrastructure and

(a) a Landscape Architect or the Consulting Engineer in the case of a Joint

Inspection Certificate for Parks as contemplated in paragraph 22.13; or

(b) signed and sealed by the Consulting Engineer in all other cases stating
that the Infrastructure identified has been completed with the exception of
the noted deficiencies;

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(50) “Lands” means those lands situated in The City of Calgary, Province of Alberta,
which the Developer is the owner or will become the owner, and for which the
Developer intends to receive subdivision or development permit approval;

(51) “Landscape Architect” means an individual with membership in good standing

with the Alberta Association of Landscape Architects;

(52) “Linear Park” means that park type defined by the Park Specifications as “Linear
Park”;

(53) “Major Regional Park” means a park in excess of five (5) hectares, which
provides open space on a regional rather than local level;

(54) “Major Road / Arterial Standard” means:

(a) a four or six lane roadway designed to carry between 12,500 to 30,000
vehicle trips per day;

(b) direct vehicular access from/to residential lots abutting this road is
prohibited and possibly restricted from commercial and industrial lots; and

(c) which is usually divided in residential areas, undivided in industrial areas

or either in commercial areas;

(55) “Major Road Standard Oversize Charge” means the charge per hectare for
each and every hectare or part thereof within the Development Area including
those areas which may be dedicated to the City for reserve parcels and any other
public use, excluding those lands dedicated as Environmental Reserve, the total
amount of which will be specified in each Special Clauses Agreement, and which
shall be deposited into the Developer Funded Infrastructure Stabilization Fund –
Major Road Standard Oversize and shall be used by the City towards the cost of
Oversize for Major Road / Arterial Standard within the City, regardless of the
location of the Development Area within the City;

(56) “Manager, Transportation Planning” means the City employee appointed to the
position of Manager, Transportation Planning or the individual authorized to act in
his or her place generally or for the purpose of administering this Agreement;

(57) “Manager, Water Quality Services” means the City employee appointed to the
position of Manager, Water Quality Services or the individual authorized to act in
his or her place generally or for the purpose of administering this Agreement;

(58) “Managing Director, Calgary Approvals Coordination” means the City

employee appointed to the position of Managing Director, Calgary Approvals
Coordination, or the individual authorized to act in his or her place generally or
for the purpose of administering this Agreement

(59) “Municipal Government Act” means the Municipal Government Act, R.S.A.
2000, c.M-26, as amended and replaced from time to time;

(60) “Neighbourhood Park” means that park type defined by the Park Specifications

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as “Neighbourhood Park”;

(61) “Off-Site Levies” means the transportation levy, treatment plant levy, sanitary
sewer levy, storm sewer levy, and water levy for the Greenfield Area as defined,
described, and identified in Bylaw 2M2016, as amended and replaced from time
to time;

(62) “Optional Subdivision Amenities” means facilities constructed by the

Developer on public lands, at its choice, above the minimum requirements of the
City, including but not limited to entrance signage and gates, walls and flower
beds of generally high quality material, park features such as benches, gazebos,
water features or other high maintenance cost features, all of which require a
perpetual maintenance solution as a condition of approval, which are usually in
the form of deposit or payment by the developer sufficient to remove the facility
or assumption of the maintenance and repair obligations by either a homeowner,
resident or community association;

(63) “Oversize” means the difference in size of the facility required to serve the
Development Area and the size of the facility which the Developer is required by
the condition of subdivision or development permit approval relating to the Lands
and terms of this Agreement to construct either within or outside of the
Development Area to service additional lands outside of the Development Area;

(64) “Park Development Inspector” means the City employee appointed to and
holding the position of Park Development Inspector who performs landscape
construction inspections in accordance with the Park Specifications;

(65) “Park Specifications” means that document entitled “Development Guidelines

and Standard Specifications Landscape Construction” drafted by the City and as
amended and replaced from time to time until the relevant Final Acceptance
Certificate is issued, that outlines the minimum specifications, standards and
requirements associated with the development, landscaping and maintenance
requirement for City parks;

(66) “Payment Date” means one year from the date of execution of an Interim
Indemnity Agreement entered into pursuant to this Agreement;

(67) “Phase 3 ESA or Environmental Site Assessment” means an implementation

of the decontamination of a site in accordance with requirements set out in the
Phase 2 ESA or Environmental Site Assessment, which is a report analyzing an
environmental problem identified through a Phase 1 ESA or Environmental Site
Assessment, and which recommends a solution and implementation plan to
address the problem;

(68) “Primary Collector” means a four lane divided roadway designed to carry
between 5,500 and 12,500 vehicle trips per day, to or from which direct vehicular
access to or from residential lots abutting this road is allowed;

(69) “Qualified Plumber” means an individual holding a certificate of competency in

the plumbing discipline as contemplated by the Certification and Permit
Regulation AR 295/2009, as amended and replaced from time to time;

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(70) “Residential Development” means development that contains either or both a

low density residential or multi-residential land use district of the City of Calgary
Land Use Bylaw 1P2007, as amended and replaced from time to time;

(71) “Roads Standards and Specifications” means the City Specifications

document entitled “Standard Specifications Roads Construction” drafted by the
City, and as amended and replaced from time to time until the relevant Final
Acceptance Certificate is issued, that governs matters associated with the design
and construction of roads and all associated appurtenances;

(72) “School Board” means the Calgary Board of Education or the Roman Catholic
Separate School Board, as the case may be;

(73) “School Site” means the land set aside for each type of school, such as
Elementary, Junior High, Senior High operated by the School Board, including
but not limited to municipal school reserve;

(74) “Security” means an irrevocable letter of credit with a Canadian chartered bank
at a branch in Calgary, Alberta, or other form of Security satisfactory to the
Managing Director, Calgary Approvals Coordination, provided by the Developer
to the City that shall be used to secure the performance of any and all obligations
contained in this Agreement and any amendments hereto;

(75) “Shallow Utilities” means those utilities that are operated by third party service
providers including, but not limited to telephone, gas, cable and electric;

(76) “Special Clauses Agreement” means the agreement that will be entered into
between the City and the Developer to establish the specific additional
obligations of the Developer arising from conditions of approval of a specific
subdivision or development permit application for the Lands. The Special
Clauses Agreement forms part of this Agreement;

(77) “Storm Drainage” means runoff that is the result of precipitation;

(78) “Storm Drainage System” means the system for collecting, storing and
disposing of Storm Drainage, and includes:

(a) the catch basins, sewers and pumping stations that make up the storm
drainage collection system;

(b) the storm drainage facilities, structures or things used for storage,
management and treatment to buffer the effects of the peak runoff or
improve the quality of the storm water;

(c) the sewers and pumping stations that transport Storm Drainage to the
location where it is treated or disposed of;

(d) the storm drainage outfall structures; and

(e) the Surface Drainage Facilities; but

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(f) does not include plumbing or service connections in buildings;

(79) “Storm Water Impound Easement” means an area designated for the
temporary storage of storm water from which the outflow is restricted to prevent
surcharging of the storm sewer system;

(80) “Storm Water Pond Facilities” means facilities either constructed or naturally
existing for the purpose of collecting; retaining, treating and ultimately
discharging storm water, including reuse;

(81) “Stripping and Rough Grading Compaction Report” means an engineering

report prepared by the Consulting Engineer and submitted on behalf of the
Developer to the City indicating how the land form of the Development Area has
been changed to accommodate the proposed development, that outlines the cuts
and fills made during the stripping and grading, and provides compaction
certification for all of the mass grading work undertaken;

(82) “Subdivision Approval” means tentative plan approval of any subdivision

application of the Lands by the Approving Authority;

(83) “Sub-neighbourhood Park” means that park type defined by the Park
Specifications as “Sub-neighbourhood Parks”;

(84) “Surface Drainage Facilities” means any facility or facilities associates with
drainage or control of Storm Drainage that is ultimately directed to a Street or
Storm Drainage System, and includes, but is not limited to:

(a) a grass swale;

(b) a concrete or asphalt walkway, gutter or swale;

(c) a drainage control fence or structure; or

(d) the sloping and contouring of land to facilitate or control Storm Drainage;

(85) “Surveys Act” means the Surveys Act, R.S.A. 2000, c.S-26, as amended;

(86) “Team Lead, Stormwater Pollution Prevention” means the City employee
appointed to the position of Team Lead, Stormwater Pollution Prevention or the
individual authorized to act in his or her place generally or for the purpose of
administering this Agreement;

(87) “Tier 1 Developers, Tier 2 Developers and Tier 3 Developers” means the
classifications into one of which the Developer will be placed in the sole
discretion of the Managing Director, Calgary Approvals Coordination, which
classification will be specified in the Special Clauses Agreement, and which will
dictate the Security payable by the Developer, the form of Security and the
availability of Security reduction all in accordance with PART 18 (Security)
herein;

(88) “Traffic Signage and Road Marking Charge” means the charge per hectare for

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each and every hectare or part thereof within the Development Area including
those areas which may be dedicated to the City for reserve parcels and any other
public use, but excluding those lands dedicated as Environmental Reserve, the
total amount of which will be specified within each Special Clauses Agreement,
which shall be used by the City towards the cost of the manufacturing and
placement of subdivision traffic signage and road markings, and any permanent
Transportation and Utility Corridor signage, regardless of the location of the
Development Area within the City;

(89) “Traffic Signal Construction Specifications” means the City Specifications

document entitled “Standard Specifications Street Lighting Construction” drafted
by the City, and as amended and replaced from time to time until the relevant
Final Acceptance Certificate is issued, which governs matters associated with the
design and construction of traffic signals and all associated appurtenances;

(90) “Transportation and Utility Corridor” means land owned by the Province of
Alberta identified for the purpose of installing and constructing public
infrastructure including, but not limited to sanitary and storm sewers, Storm
Water Pond Facilities, water mains, roadways or high voltage electrical
distribution facilities;

(91) “Transportation and Utility Corridor (T.U.C.) Signage Policy” means the
policy approved by City Council requiring developers of land abutting
Transportation and Utility Corridors to post signs thereon indicating that the land
is a Transportation Utility Corridor and that the intent is to install and construct
public infrastructure thereon;

(92) “Trapped Low Area” means a component of a storm water overland drainage
system that may be located on both public and privately owned lands, that is
used to control and contain storm water through the temporary storage of storm
water on streets, lanes and adjacent lands during and after high intensity rainfall
events;

(93) “Unit Rate Schedule” means the schedule of the Unit Rates for the year of this
Agreement used in calculating cost recoveries identified herein for Infrastructure,
or portions thereof, installed or constructed by the Developer or the City, which is
attached hereto as Schedule 1;

(94) “Unit Rate” means the relevant rate that may change from year to year that is
used in calculating cost recoveries contemplated in this Agreement;

(95) “Utility Oversize Charge” means the charge per hectare for each and every
hectare or part thereof within the Development Area including those areas which
may be dedicated to the City for reserve parcels and any other public use, but
excluding those lands dedicated as Environmental Reserve, the total amount of
which will be specified in each Special Clauses Agreement, and which shall be
deposited into the Developer Funded Infrastructure Stabilization Fund – Utility
Oversize and shall be used by the City towards the cost of Oversize and water
pressure reducing valve chambers within the City regardless of location of the
Development Area within the City;

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(96) “Winter Season” means that period of time between November 1 and April 30 of
the year following completion of construction.

B. SCOPE OF AGREEMENT

1.02 This Agreement shall define the duties, liabilities and obligations of the Developer with
respect to those matters that are specifically set out herein.

C. NOTICES

1.03 (1) Unless otherwise specified within this Agreement, any notice, communications or
request to be given to either party shall be in writing and delivered by personal
delivery or registered mail addressed to such party at the following address:

As to the City (by mail): Managing Director, Calgary Approvals Coordination

(#8032)
P.O. Box 2100, Postal Station “M”
Calgary AB T2P 2M5

As to the City (location): 5th Floor, 800 Macleod Trail S.E.

Calgary AB

As to the Developer: PrimaryPartyName

PrimaryPartyAddress

or at such address as the City or the Developer may from time to time advise the
other in writing by notice.

(2) When notices, communications or requests made in connection with this

Agreement are delivered:

(a) by personal delivery, they are deemed received on the date of delivery;
and

(b) by registered mail, they are deemed received three (3) days after posting.

(3) Only the Developer of Record is entitled to notices, communications or requests

made in connection with this Agreement.

D. REGISTRATION OF AGREEMENT

1.04 (1) The City shall be entitled, in its sole discretion, to file and maintain caveats
evidencing the City’s interest under this Agreement against each and every
Certificate of Title within the Development Area.

(2) The Developer shall pay all costs associated with the registration of this
Agreement and all other costs incurred by the City as a result of the registration
of any other documents pertaining to this Agreement, including but not limited to
any amendment hereto, notwithstanding that such registration may be solely at
the direction of the City.

(3) The caveats referred to herein and this Agreement shall remain registered and in

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full force and effect until the last Final Acceptance Certificate has been issued.

1.05 (1) The City agrees to discharge this Agreement and any documents pertaining
hereto from the Certificate of Title to the Lands upon the latter of:

(a) acknowledgement of the last Final Acceptance Certificate as

contemplated herein; or

(b) the direction of the Managing Director, Calgary Approvals Coordination

following approval of the As-built Drawings of the Infrastructure.

(2) The Developer shall pay all costs associated with the discharge of this
Agreement and any documents pertaining to this Agreement, including but not
limited to any amendment to this Agreement.

E. OBLIGATIONS AS COVENANTS

1.06 The parties hereby acknowledge and agree that every obligation or duty imposed upon
them under this Agreement shall constitute a covenant, whether expressed as covenant
or not.

F. APPLICABLE LAW

1.07 (1) This Agreement shall be interpreted under and governed by the laws of the
Province of Alberta.

(2) Nothing in this Agreement shall relieve the Developer from compliance with any
permits acquired by the City in furtherance of the work contemplated in this
Agreement, or all applicable municipal bylaws, laws or regulations established by
any other government body that may have jurisdiction over the Lands or activities
thereon.

G. INTERPRETATION OF AGREEMENT

1.08 (1) The part, numbers, headings, subheadings, paragraphs, subparagraphs, and
associated numbers are inserted for convenience of reference only and shall not
affect the construction or interpretation of this Agreement.

(2) This Agreement shall be construed with all changes in number and gender as
may be required by the context.

(3) If more than one entity constitutes the Developer, Developer and all words
pending thereon shall be read and construed in the plural instead of the singular,
in which case the covenants shall bind the entities severally as well as jointly.

(4) Every provision of this Agreement by which the Developer is obligated in any way
shall be deemed to include the words “at the expense of the Developer” unless
the context otherwise requires.

(5) References herein to any statute or provision thereof include such statute or
provision thereof as amended, revised, re-enacted and/or consolidated from time

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to time and any successor statute thereto.

(6) Whenever a statement or provision in this Agreement is followed by words

denoting inclusion or example and then a list of or reference to specific items,
such list or reference shall not be read so as to limit the generality of that
statement or provision, even if words such as “without limiting the generality of
the foregoing” or “including but not limited to” do not precede such list or
reference.

(7) All covenants and conditions contained in this Agreement shall be severable, and
should any covenant or condition in this Agreement be declared invalid or
unenforceable by a court of competent jurisdiction, the remaining covenants and
conditions and the remainder of the Agreement shall remain valid and not
terminate thereby.

(8) This Agreement does not constitute a development permit nor any other permit
issued by the City.

(9) Every provision of this Agreement by which the Developer is:

(a) obligated to contact the City;

(b) obligated to submit documents to the City for approval or

acknowledgement;

(c) obligated to post Security to the City; or

(d) entitled to receive payment from the City or other developers the term
“Developer” shall be deemed to be the “Developer of Record”.

H. WAIVER

1.09 (1) The failure of the City at any time to require strict performance by the Developer
of any obligation under this Agreement shall in no way affect its right thereafter to
enforce such obligation, nor shall the waiver by the City of the performance of
any obligation hereunder be taken or held to be a waiver of the performance of
any other obligation hereunder at any later time.

(2) The City shall specifically retain its rights at law to enforce this entire Agreement.

(3) The City’s waiver of all or any portion of this Agreement must, without exception,
be in writing and signed by the Managing Director, Calgary Approvals
Coordination, and any action that fails to comply with this requirement will under
no circumstances be considered or construed to be a waiver.

I. TIME

1.10 (1) Time shall be of the essence of this Agreement.

(2) Any time limits specified in this Agreement:

(a) shall be calculated from the date this Agreement takes effect; and

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(b) may be extended with the consent in writing of both the Developer and
the City, but no such extension of time shall operate or be deemed to
operate as an extension of any other time limit, and time shall be deemed
to remain of the essence of this Agreement notwithstanding any
extension of any time limit.

J. SUCCESSORS AND ASSIGNS

1.11 (1) This Agreement shall be enforceable by and against the parties hereto, their
heirs, executors, administrators, successors and assigns, provided that in the
case of an assignment, the assignee has first provided an assumption agreement
to the City in accordance with the requirements of subparagraph (2), and has
provided Security to satisfy the obligations of this Agreement to the satisfaction of
the Managing Director, Calgary Approvals Coordination.

(2) Prior to any assignment, sale or transfer of all or any portion of the Development
Area, the Developer shall cause the assignee, purchaser or transferee to enter
into an assumption agreement with the City, in a form satisfactory to the City
Solicitor, duly executed by the vendor, assignor or transferor and the assignee,
purchaser or transferee, whereby the assignee, purchaser or transferee
covenants and agrees to be bound by, observe, assume, perform and cause to
be performed all of the covenants, terms and conditions contained in the
Agreement, irrespective of whether said covenants, terms and conditions should
have been performed prior to the date of this Agreement.

(3) Upon receipt by the City of such assumption agreement and Security, the
assignor, vendor or transferor of such portion shall be deemed to be released
from the obligations contained herein.

K. WARRANTY

1.12 (1) The Developer represents and warrants to the City as follows:

(a) the Developer is a corporation validly subsisting under the laws of Alberta
and has full corporate power and capacity to enter into this Agreement
and any documents arising from or in connection with this Agreement;
and

(b) all necessary corporate action has been taken by the Developer to
authorize the execution and delivery of this Agreement.

L. RECITALS AND SCHEDULES

1.13 The above Recitals and Schedules attached hereto shall form part of this Agreement.

M. SPECIAL CLAUSES

1.14 Until the Developer and the City execute the relevant Special Clauses Agreement, and
the City receives the security contemplated therein, or the Managing Director, Calgary
Approvals Coordination provides written consent to the Developer, which may be
provided upon receipt of an executed Interim Indemnity Agreement, security and

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documentation required therein to the satisfaction of the Managing Director, Calgary

Approvals Coordination, the Developer shall not undertake on the Lands any work in
connection with or contemplated by this Agreement or any condition of subdivision or
development permit approval pertaining to the Lands.

1.15 (1) The Developer understands and agrees that upon approval of a subdivision
application or development permit for a portion or all of the Lands, including the
design detail of the Infrastructure, the Developer shall enter into a Special
Clauses Agreement.

(2) If the Developer fails to enter into a Special Clauses Agreement referenced in
subparagraph (1) within thirty (30) days of receiving the same from a
representative within the Calgary Approvals Coordination, the Developer shall
immediately cease any and all construction activity on the Lands that are
governed by or associated with this Agreement, including that for which consent
is provided by the Managing Director, Calgary Approvals Coordination as
contemplated in Section 1.14 above.

N. PERFORMANCE OF OBLIGATIONS

1.16 Nothing in this Agreement shall be construed to relieve the Developer from the full
performance of all obligations, terms, conditions and work to be performed under this
Agreement.

O. TERM OF AGREEMENT

1.17 (1) This Agreement shall take effect from the date above first written and continue
until all design, installation, construction and maintenance of the Infrastructure
contemplated herein is complete, and all time periods for which indemnifications
from the Developer to the City have expired.

(2) (a) The terms of this Agreement shall be incorporated into those Special
Clauses Agreements only for those portions of the Lands for which:

(i) a subdivision or development permit application has been

received by the City; and

(ii) a Development Agreement has been requested from the City by

the Developer at least ten (10) full business days prior to 4:30 pm
December 31 of the current year; and

(b) Notwithstanding subparagraph (a), the terms of this Agreement shall not
be incorporated into those Special Clauses Agreements where the
requirements of subparagraph (a) have been met, but the Developer fails
to provide a properly executed relevant Interim Indemnity Agreement and
fails to pay to the City the Security generally contemplated by this
Agreement and specifically required by the Managing Director, Calgary
Approvals Coordination on or before 12:00 pm on December 31, 2019, or
such later date authorized in writing at the sole and unfettered discretion
of the Managing Director, Calgary Approvals Coordination. In such case,
the Developer shall be required to enter into the subsequent year’s

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relevant Master Development Agreement so long as the City has

provided the relevant Interim Indemnity Agreement within five (5)
business days of the Developer’s formal request to obtain the relevant
Interim Indemnity Agreement. Said formal request will be submitted
through the Urban Development Online system no later than 4:30pm on
December 12th, 2019 and will not be accepted unless the Developer’s
Urban Development Online application is deemed complete, in the
discretion of the Managing Director, Calgary Approvals Coordination.
Should the City not provide the relevant Interim Indemnity Agreement
within five (5) business days of the Developer’s formal request, the City
will honour the current year’s Master Development Agreement and
Interim Indemnity Agreement. Notwithstanding the aforementioned
timelines in this clause, the Developer is required to provide the fully
executed Interim Indemnity Agreement and the Security generally
contemplated within this Agreement within five (5) business days of the
City providing the relevant Interim Indemnity Agreement to the Developer.

P. STRIKES AND LOCKOUTS

1.18 If any party is prevented from carrying out any of its obligations, or is delayed in the
performance of such obligations by reason of strikes, lockouts, government restrictions,
acts of God, unavailability of materials, labour and similar causes, all beyond the
reasonable control of the party in question, and such delay renders it uncertain or
unlikely that such party can perform its obligations within the time provided, then the time
for carrying out or performing such obligation on the part of such party shall be extended
for a reasonable time which shall not be greater than the length of the delay caused by
such beyond the party’s reasonable control.

PART 2 - GENERAL CONSTRUCTION OBLIGATIONS

2.01 The Developer shall not commence construction or development of the Infrastructure or
any construction, work, development or activity associated with or required for the
construction or installation of the Infrastructure (including but not limited to excavations
in road and lane rights of way), either within or external to the Development Area, until
written consent to commence is obtained from the Managing Director, Calgary Approvals
Coordination.

2.02 (1) The Developer represents and warrants that it is familiar with the Consulting
Engineer’s Field Services Guidelines and with the requirements of the Managing
Director, Calgary Approvals Coordination, as they relate to this Agreement.

(2) The Developer shall ensure that all work to be performed under this Agreement,
including all materials and workmanship, shall be in accordance with the
Consulting Engineer’s Field Services Guidelines and the specific requirements of
the Managing Director, Calgary Approvals Coordination.

(3) In the event of a conflict between the Consulting Engineer’s Field Services
Guidelines and the specific requirements of the Managing Director, Calgary
Approvals Coordination, the specific requirements of the Managing Director,
Calgary Approvals Coordination shall govern.

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2.03 (1) The Developer shall employ a Consulting Engineer, who shall be identified in the
Special Clauses Agreement, to design and supervise all work to be carried out
under this Agreement.

(2) The Developer shall empower the Consulting Engineer to:

(a) observe and comply with the City Specifications when carrying out any
activities in connection with this Agreement; and

(b) certify that all materials supplied and all work performed in connection
with this Agreement conform in all respects with either the City
Specifications or the direction of the Managing Director, Calgary
Approvals Coordination.

(3) The Developer shall be entitled to employ additional Consulting Engineers, or

substitute or replace the Consulting Engineer identified in the Special Clauses
Agreement with a new Consulting Engineer upon the Developer giving at least
three (3) days written notice to the City prior to the effective date of such change.

(4) Each and every Consulting Engineer is deemed to be an agent of the Developer
for the purpose of this Agreement, which includes, but is not limited to:

(a) certifying that all materials supplied and all work performed conforms in
all respects to the City Specifications, or as approved by the Managing
Director, Calgary Approvals Coordination, in writing;

(b) preparing, submitting and certifying Construction Completion Certificates

and Final Acceptance Certificates;

(c) certifying the correction of all defects and deficiencies as required by this
Agreement;

(d) carrying out inspections under this Agreement;

(e) providing such other certification or documentation as may be required in

accordance with this Agreement or the Consulting Engineer’s Field
Services Guidelines, including but not limited to geotechnical material
testing; and

(f) the preparation, review, certification and submission of the plans,

specifications and schedules which the Developer is required to supply
under this Agreement.

2.04 The Developer grants to the City, its representatives, agents and contractors the free
and uninterrupted access to any and all parts of the Lands for the purpose of making
inspections and taking samples of materials being used in connection with the
construction and installation of the Infrastructure.

2.05 If the Developer fails to comply with the Consulting Engineer’s Field Services Guidelines
as required herein, the Managing Director, Calgary Approvals Coordination may order
(either verbally or in writing) the immediate stoppage of any and all work associated with

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the non-compliance and the removal of materials considered to be unsatisfactory in the

opinion of the Managing Director, Calgary Approvals Coordination from the Development
Area, and the Developer shall immediately comply with any such order.

2.06 The Developer, at its sole cost and expense, and as and when required by the Managing
Director, Calgary Approvals Coordination, shall:

(1) supply test results from the Inspection and Testing Company of alkalinity and soil
resistivity for determining abnormal soil conditions requiring special consideration
for sanitary sewers, storm sewers and water mains;

(2) supply Standard Proctor Density test results from the Inspection and Testing
Company for sidewalk, paving and lane construction and utility trenches; and

(3) supply samples of any materials proposed to be used or installed in any

Infrastructure under this Agreement, which samples shall be suitable for testing
and visual inspection by an Inspection and Testing Company under contract with
the City.

2.07 (1) When this Agreement requires the Developer to undertake work or supply
material for which the City is to pay, either in whole or in part, the Developer shall
obtain the written authorization of the Managing Director, Calgary Approvals
Coordination for such work and materials prior to commencement of the work or
supply of materials.

(2) All work to be undertaken and material supplied for which:

(a) the City is to pay in whole or in part;

(b) the City is to undertake or supply at the Developer’s cost; or

(c) deferred payments are to be made from the City to the Developer

shall be at the prices specified in the Unit Rate Schedule, unless otherwise
specified in writing by the Managing Director, Calgary Approvals Coordination.

(3) If the Unit Rate Schedule fails to prescribe a price for work to be undertaken or
materials supplied, the price shall be mutually agreed upon in writing prior to
commencement of the work or supply of material.

(4) Only the Developer of Record or its agent is entitled to submit invoices and
receive payment from the City under this Agreement.

2.08 (1) Where the City pays only part of the total cost of any Infrastructure, such as
Oversize, the City will pay the Developer of Record a surcharge of 5% for
administration computed on the City’s share of the cost, but no engineering fees
shall be paid.

(2) Notwithstanding subparagraph (1), the City will pay the Developer of Record a
surcharge of 5% for engineering fees and 5% for administration computed on the
City’s share of the cost in the following cases only:

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(a) where the City pays the full cost of any installation of the Infrastructure
done by the Developer;

(b) where the City pays a portion of the cost on boundary utilities and
improvements as required herein; and

(c) where the City pays a portion of the cost of Infrastructure required to
service School Sites.

(3) (a) The Developer shall not be entitled to payment from the City for any work
undertaken or supply of materials contemplated herein for which the City
is obligated to pay, in full or in part, nor shall any such amount be a debt
due and owing to the Developer from the City until:

(i) the Developer of Record submits cost calculations and all

supporting documentation to the City for approval by the
Managing Director, Calgary Approvals Coordination;

(ii) the City processes and returns to the Developer of Record, the
cost calculations detailing any changes which may be required,
which the City shall complete within sixty (60) days from the date
of its receipt thereof; however, if the cost calculations are not
returned to the Developer within the sixty (60) day period, the cost
calculations will be deemed approved as submitted; and

(iii) the Developer of Record submits the invoice for the work
undertaken and materials supplied along with the cost calculations
and all supporting documentation as approved or deemed
approved by the City.

(b) Notwithstanding anything to the contrary contained in this Agreement, the

City shall be under no obligation to pay any cost otherwise recoverable by
the Developer from the City unless and until the Developer of Record
submits to the City an invoice, with all supporting documentation, as
required in subparagraph (3)(a)(iii) herein, for the full amount claimed
within six (6) years from December 31 of the year this Agreement was
entered into, and the Developer shall thereafter make no demand or file
any action or claim against the City for the payment thereof.

(4) (a) It is understood and agreed between the parties hereto that payments
from the City for Utility Oversize and Major Road Standard Oversize cost
recoveries as contemplated herein are paid from the Developer Funded
Infrastructure Stabilization Fund - Major Road Standard Oversize and
Developer Funded Infrastructure Stabilization Fund - Utility Oversize.

(b) The Developer understands that funds in the above noted accounts
fluctuate from time to time, and there may be insufficient funds available
to reimburse the Developer for the said cost recoveries from time to time.

(c) If funds are insufficient:

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(i) the City is under no obligation to pay to the Developer the amount
stipulated in the invoice(s) for these costs recoveries;

(ii) the Developer of Record’s invoice will be placed in a queue with

other outstanding invoices and paid, in the sole discretion of the
Managing Director, Calgary Approvals Coordination, on a first
come, first served basis; and

(iii) the Developer of Record, in the sole discretion of the Managing

Director, Calgary Approvals Coordination, will be reimbursed
when sufficient funds become available and shall not be entitled to
any interest recovery in the event that payment cannot be made
within the normal thirty (30) day period;

(d) The City shall be under no obligation to pay any cost otherwise
recoverable by the Developer from the funds in the above noted accounts
unless and until the Developer of Record submits to the City an invoice,
with all supporting documentation, as required in subparagraph (3)(a)(iii)
herein, for the full amount claimed within six (6) years from December 31
of the year this Agreement was entered into, and the Developer shall
thereafter make no demand or file any action or claim against the City for
the payment thereof.

PART 3 - OFF-SITE LEVIES, CHARGES & FEES

A. OFF-SITE LEVIES

3.01 The Developer shall pay the Off-Site Levies calculated per hectare of the Development
Area as set out in Schedule 2 attached hereto, to the City on or before the dates as
follows:

thirty (30%) per cent on the Payment Date;

thirty (30%) per cent within one year of the Payment Date; and
forty (40%) per cent within two years of the Payment Date.

3.02 Notwithstanding paragraph 3.01 of this Agreement, if the Development Area is within the
Established Area, as identified in Bylaw 2M2016, as amended and replaced from time to
time, the Developer shall be required to enter into the City’s Off-Site Levy Agreement
and pay only the levies required to be paid pursuant to the said Off-Site Levy
Agreement.

B. UTILITY OVERSIZE

3.03 On or before the Payment Date, the Developer shall pay to the City the Utility Oversize
Charge of $5,500.00 (Five Thousand Five Hundred Dollars) per hectare of Development
Area within the Greenfield Area as identified in Bylaw 2M2016 as amended and replaced
from time to time.

C. MAJOR ROAD STANDARD OVERSIZE

3.04 On or before the Payment Date, the Developer shall pay to the City the Major Road

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Standard Oversize Charge of $10,500 (Ten Thousand Five Hundred Dollars) per hectare
of the Development Area within the Greenfield Area as identified in Bylaw 2M2016 as
amended and replaced from time to time.

D. TRAFFIC SIGNAGE AND ROAD MARKINGS

3.05 On or before the Payment Date, the Developer shall pay to the City the Traffic Signage
and Road Markings Charge per hectare of Development Area as set out in Schedule 2.

E. COMMUNITY SERVICES

3.06 The Developer shall pay the Community Services Charges calculated per hectare of the
Development Area a set out in Schedule 2 attached hereto to the City on or before the
dates as follows:

thirty (30%) per cent on the Payment Date;

thirty (30%) per cent within one year of the Payment Date; and
forty (40%) per cent within two years of the Payment Date.

F. INSPECTION FEE

3.07 On or before the Payment Date, the Developer shall pay to the City the Inspection Fee
per hectare of the Development Area as set out in Schedule 2, which shall be in addition
to the requirements of paragraph 2.06 of this Agreement.

PART 4 - PLANS

4.01 (1) The Developer, at its sole cost and expense, shall submit to the City:

(a) one copy of the tentative plan of subdivision in digital format for each
subdivision application for the Lands for the City’s circulation and review
process; and

(b) subsequent to approval of the tentative plan of subdivision by the

Approving Authority, one copy of the legal plan in digital format of the
Development Area which is intended to be registered at the South Alberta
Land Titles Office,

all to the satisfaction of the Managing Director, Calgary Approvals Coordination.

(2) The Developer shall provide or obtain the consent of the copyright holder of the
above noted plans in digital format, as the case may be, for the City to use the
information contained therein for:

(a) internal City use, including but not limited to tri-services dispatch; and

(b) licensing the use by third parties, including but not limited to third party
utility companies who require such information to service the
Development Area.

4.02 The Developer shall submit to the Development Engineer for his or her approval,
preliminary Construction Drawings, in duplicate, showing all the work proposed to be

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done, including but not limited to:

(1) the Oversize of any sanitary sewers, storm sewers and water mains;

(2) extra width and base depth of roads and lanes required as approved by the
Development Engineer;

(3) a proposed land use classification map indicating the land use classification of all
the lots within the Development Area;

(4) the location of test holes with logs;

(5) contours of the highest water table;

(6) proposed lowest top of footing elevation;

(7) lot corner elevations;

(8) sewer connection invert elevations at the property line, or at three and one half
(3.5) metres inside the property line or at five (5.00) metres, inside the property
line where the gas line and other shallow utility are located within a front yard
easement for each lot where applicable;

(9) weeping drain tile requirements;

(10) storm drainage areas and flow calculations;

(11) an overall overland drainage control plan to indicate the overland (emergency)
escape route and/or street/lane storage to facilitate major rain storms (trapped
lows); and

(12) a building grade plan indicating, amongst other things, the suggested front grade,
and in identifiable areas the established lot grade for drainage protection, those
lots requiring Storm Water Impound Easement; and any other information which
the Development Engineer requires as to types of material and construction.

4.03 Construction Drawings shall conform to the requirements in the City Specifications
documents entitled “Standard Block Profile Specifications”.

4.04 Following examination of the preliminary Construction Drawings, the Development

Engineer shall advise the Developer or its representative of any necessary amendments.

4.05 The Developer shall provide to the City at least four (4) full copies and three (3) sets of
the cover sheets of the final Construction Drawings amended in accordance with the
direction of the Development Engineer which must all be approved by the Development
Engineer before the Developer may commence construction of the Infrastructure or any
part thereof, unless otherwise authorized by the Development Engineer in writing.

4.06 If during the course of construction of the Infrastructure changes in the approved
Construction Drawings are requested by the Developer, the Developer shall:

(1) submit four (4) copies of revised Construction Drawings, or a single electronic

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document to the satisfaction of the Development Engineer, showing the

proposed changes; and

(2) receive the written approval of the Development Engineer prior to commencing
work on the revised portions of the Infrastructure.

4.07 The Developer, for each calendar year during the currency of this Agreement, shall
furnish the Development Engineer with As-built Drawings as required by the
Development Engineer.

4.08 The Developer shall submit any and all plans and information that may be required by
the Development Engineer with respect to the Development Area and Infrastructure
required in connection therewith.

4.09 The Developer shall provide all building grades for each lot within the Development Area
to the City until the last Final Acceptance Certificate contemplated under this Agreement
has been issued, and before the final release from liability is given by the City to the
Developer, all building grade slips shall be turned over to the Development Engineer.

4.10 The Developer, within six (6) months of completion of construction of the Infrastructure
and before being released from public and other liability, shall supply at its sole cost and
expense to the Development Engineer:

(1) plans made on tracing linen, polyester base, or other approved material, or in an
electronic format, conforming with the City requirements and standards showing
the actual locations of the Infrastructure;

(2) profiles showing the elevations referenced to metric geodetic datum as installed
by the Developer;

(3) all other appurtenant drawings such as outfall, special manholes, lift stations and
railway crossing details, as installed by the Developer;

(4) profiles of all utility rights-of-way for the purpose of locating underground power,
telephone, gas and cable facilities; and

(5) indicate and label the road grade to the lip of gutter on all profiles where curb and
gutter has been installed.

4.11 (1) It is understood that the acknowledgement of each Final Acceptance Certificate
(other than Parks) may be withheld until the As-built Drawings have been
received and approved by the Development Engineer; and

(2) For every additional review beyond the review of the initial submission and one
re-submission of the As-built Drawings and plans or drawings required pursuant
to Section 4.10 above, a fee in the amount of $125.00 will be assessed against
the Developer. This fee will apply where, in the sole discretion of the
Development Engineer, the extra review is required as a result of the Developer’s
failure to provide complete and accurate submissions or the Developer’s failure
to address requested revisions prior to re-submission.

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4.12 Before the City’s Calgary Approvals Coordination business unit provides a clearance
letter to the City’s Community Planning Business Unit to facilitate the release of building
permits, the Developer shall supply ten (10) copies of the Building Grade Plan to the
Managing Director, Calgary Approvals Coordination.

4.13 The cost of preparing and supplying all plans and specifications referred to herein shall
be borne by the Developer.

PART 5 - SANITARY SEWERS

A. INSTALLATION

5.01 The Developer, at its sole cost and expense, except as hereinafter provided, shall install
and construct:

(1) all sanitary sewers complete with manholes and other accessories, including but
not limited to pipes, fittings and gaskets, within the Development Area which
may, in the opinion of the Managing Director, Calgary Approvals Coordination, be
required to serve the Development Area and adjacent areas, whether or not in
Boundary Roads and Lanes and/or easements;

(2) all sanitary sewer service connections within the Development Area from the
sanitary sewers to:

(a) three and one half (3.5) metres inside the property line of each lot; or

(b) where the sanitary sewer service connection crosses a gas line and
another shallow utility located within a front yard easement, in which case
the service connection shall be installed five (5.0) metres inside the
property line of each lot,

where the requirements for the sanitary sewer service connections are known
during the time prior to the acknowledgement of the last Final Acceptance
Certificate by the Managing Director, Calgary Approvals Coordination for the lane
or road within which the sanitary sewer service connections are to be installed;
and

(3) a sanitary sewer service connection from the sanitary sewer to the property line,
to service a municipal reserve parcel (which shall not include a sanitary sewer
service connection to a School Site) within the Development Area, subject to the
following:

(a) the location and size of the sanitary sewer service connection to a
community association building site will be subject to the approval of the
Director, Water Resources and shall be shown on the approved
Construction Drawings; and

(b) the Director, Parks shall provide to the Director, Water Resources the
sizing calculations as necessary.

5.02 The installation of any sanitary sewer service connection from the sanitary sewer to any

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building on a lot within the Development Area shall be made under the supervision of a
Qualified Plumber at no cost to the City.

B. OVERSIZE

5.03 (1) If the City requires a sanitary sewer either within or external to the Development
Area to be larger than necessary to serve the Development Area:

(a) all such Oversize sanitary sewer lines shall be designated at the time the
Construction Drawings are given final approval by the Development
Engineer;

(b) the City shall pay, from the Developer Funded Infrastructure Stabilization
Fund - Utility Oversize to the Developer of Record the additional cost of
such larger size pipe and accessories as approved by and in the sole
discretion of the Managing Director, Calgary Approvals Coordination, at
prices in accordance with the Unit Rate Schedule; and

(c) the City shall not make any payments from the Developer Funded
Infrastructure Stabilization Fund - Utility Oversize unless:

(i) the line is established as Oversize in the Construction Drawings

approved by the Development Engineer prior to the signing of the
Interim Indemnity Agreement; and

(ii) the internal diameter of the sanitary sewer pipe exceeds three
hundred millimetres (300 mm).

(2) (a) In areas where the sanitary sewer mains are located deeper than six (6)
metres, a dual sewer system may be required and the Developer of
Record will be entitled to an Oversize recovery for all mains installed at a
depth of six (6) metres or more to crown of pipe;

(b) The dual sewer system requirement shall be determined as early as

possible in the approval process; and

(c) The City shall pay from the Developer Funded Infrastructure Stabilization
Fund - Utility Oversize to the Developer of Record the additional cost of
the oversized portion of the mains that are located deeper than six (6)
metres underground as approved by the Managing Director, Calgary
Approvals Coordination, at prices in accordance with the Unit Rate
Schedule.

PART 6 - STORM SEWERS

A. INSTALLATION

6.01 The Developer, at its sole cost and expense, except as hereinafter provided, shall install
and construct:

(1) all storm sewers and accessories, including but not limited to catch basins and

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catch basin leads (where applicable), whether or not in Boundary Roads and
Lanes and/or easements, within the Development Area which may, in the opinion
of the Managing Director, Calgary Approvals Coordination, be required to
adequately drain the Development Area and adjacent areas, including
subsurface drainage;

(2) any inlet, storm detention facility or outfall structures with the necessary leads
connected to the storm sewer to and from the Development Area as required by
the Managing Director, Calgary Approvals Coordination;

(3) all storm sewer service connections within the Development Area from the storm
sewers to:

(a) three and one half (3.5) metres inside the property line of each lot; or

(b) where the storm sewer service connection crosses a gas line and another
shallow utility located within a front yard easement, in which case the
service connection shall be installed five (5.0) metres inside the property
line of each lot where the requirements for the storm sewer service
connections are known during the time prior to the acknowledgement of
the last Final Acceptance Certificate by the Managing Director, Calgary
Approvals Coordination for the lane or road within which the storm sewer
connection is to be installed;

(4) a storm sewer service connection, extending from the storm sewer to the
property line, to service a municipal reserve parcel (which shall not include a
storm sewer service connection to a School Site) within the Development Area
subject to the following:

(a) the location and size of the storm sewer service connection to a
Community Association building site will be subject to the approval of the
Director, Water Resources and shall be shown on the approved
Construction Drawings;

(b) the Director, Parks shall provide to the Director, Water Resources the
sizing calculations as necessary; and

(c) all storm sewer service connections from the storm sewers to the property
line of all commercial, multi-family and church sites within the
Development Area, where the requirements for the storm sewer service
connections are known, or become known during the time prior to the
acknowledgement of the Final Acceptance Certificate by the Managing
Director, Calgary Approvals Coordination for the lane or road wherein the
storm sewer service connections are to be installed.

6.02 The installation of any storm sewer service connection from the storm sewer to any
building on a lot within the Development Area shall be made under the supervision of a
Qualified Plumber at no cost to the City.

B. OVERSIZE

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6.03 (1) If the City requires a storm sewer within or external to the Development Area to
be larger than necessary to serve the Development Area:

(a) all such Oversize storm sewer lines shall be designated at the time the
Construction Drawings are given final approval by the Development
Engineer;

(b) the City shall pay from the Developer Funded Infrastructure Stabilization
Fund - Utility Oversize to the Developer of Record the additional cost of
such larger size pipe and accessories as approved by and in the sole
discretion of the Managing Director, Calgary Approvals Coordination, at
prices in accordance with the Unit Rate Schedule; and

(c) the City shall not make any payments from the Developer Funded
Infrastructure Stabilization Fund - Utility Oversize unless the line is
established as Oversize in the Construction Drawings approved by the
Development Engineer prior to the signing of the Interim Indemnity
Agreement.

(2) (a) In areas where the storm sewer mains are located deeper than six (6)
metres, a dual sewer system may be required and the Developer of
Record will be entitled to an Oversize recovery for all mains installed at a
depth of six (6) meters or more to crown of pipe;

(b) the dual sewer system requirement shall be determined as early as

possible in the approval process; and

(c) The City shall pay, from the Developer Funded Infrastructure Stabilization
Fund - Utility Oversize, to the Developer of Record, the additional cost of
the oversized portion of the mains that are located deeper than six (6)
metres underground as approved by the Managing Director, Calgary
Approvals Coordination, at prices in accordance with the Unit Rate
Schedule.

C. DRAINAGE DURING DEVELOPMENT

6.04 (1) During the course of construction, activity, work or development, the Developer
shall, at its sole cost and expense, take all necessary measures to control the
storm water run-off, erosion and sedimentation within the Development Area and
to dispose of all storm water in and from the Development Area, during
construction, including that which may be cut off from its natural drainage course
by work occurring or which has occurred within the Development Area, all to the
satisfaction of the Manager, Water Quality Services.

(2) The Developer shall indemnify and save harmless the City and the owners of
adjacent properties and any other parties from any losses or damage which the
City or other persons or legal entities may sustain as a result of the Developer’s
failure to control and dispose of all storm water run-off, erosion and
sedimentation in accordance with subparagraph (1).

D. WATER TABLE AND ALKALI CONTENT

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6.05 (1) The Developer, at its sole cost and expense shall provide to the Manager, Water
Quality Services a report from an Inspection and Testing Company identifying:

(a) the height of the water table that might cause seepage or dampness in
basements of buildings; and

(b) the presence of alkali in the soil which might damage the concrete in
basements of buildings.

(2) If the above referenced report concludes that the said seepage, dampness or
damage to concrete may occur, the Developer shall:

(a) in the case of a high water table, provide the necessary subsurface
drainage from the property to a storm sewer system; and

(b) in the case of alkalinity, advise all parties erecting buildings and
constructing the Infrastructure that alkali resisting materials must be used,
all to the satisfaction of the Manager, Water Quality Services.

E. DRAINAGE CONTROL

6.06 The Developer shall, at its sole cost and expense, control surface drainage within the
Development Area to the satisfaction of the Manager, Water Quality Services through:

(1) (a) the design and construction of Surface Drainage Facilities, as required by
and to the satisfaction of the Manager, Water Quality Services, that direct
storm water to points of collection into the underground storm water
collection system;

(b) design and construction of Surface Drainage Facilities, including but not
limited to such facilities as:

(i) berms and grassed swales on reserve lands;

(ii) concrete swales, or fence and grassed swale arrangements at

back of lots in laneless subdivisions; and

(iii) grassed swales to provide overland flow relief at trapped lows in

lanes and streets;

(2) the provision of design details of the drainage control mechanisms;

(3) concrete swales at the rear of all laneless lots except where it is deemed
unnecessary by the Manager, Water Quality Services, in which case the
Developer may construct a fence and grassed swale arrangement or a rear
walkway system in lieu of concrete swales;

(4) the planting of grade stakes at the rear corners of the lots affected to show the
elevation of the corners of the lots where concrete swales, fence and grassed
swale arrangements or rear walkway system are not constructed; and

(5) the construction of berms and/or grassed swales, as required and subject to the

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approval of the Manager, Water Quality Services and the Director, Parks, to
direct the drainage from ornamental parks and tot lots.

6.07 The design details of the drainage control mechanisms described in the foregoing
paragraph will be subject to the approval of the Manager, Water Quality Services and
depicted on the Construction Drawings.

6.08 When the construction of the Surface Drainage Facilities required as a condition of
Subdivision or Development Permit Approval have been completed to the satisfaction of
the Manager, Water Quality Services and in accordance with the Drainage Bylaw, the
Developer shall:

(1) submit a Construction Completion Certificate for approval;

(2) at its sole cost and expense, maintain the Surface Drainage Facilities, with the
exception of the concrete swales, in accordance with the maintenance
requirements referenced herein, including but not limited to those contained in
Part 23 - (Maintenance) of this Agreement; and

(3) rectify any and all drainage complaints until the last Final Acceptance Certificate
for the Development Area is acknowledged.

6.09 It is expressly understood by the parties hereto that the Final Acceptance Certificate for
Surface Drainage Facilities shall include all such facilities except the concrete swales.

F. OVERLAND DRAINAGE EASEMENT AND RESTRICTIVE COVENANT

6.10 The Developer shall, at its sole cost and expense, register an Overland Drainage
Easement and Restrictive Covenant to the satisfaction of the Manager, Water Quality
Services against all certificates of title for the Lands including that within the
Development Area as determined by the Managing Director, Calgary Approvals
Coordination to:

(1) permit the passage of water over the land; and

(2) prohibit the alteration of side yard grades, rear grades and established overland
drainage systems, including but not limited to emergency overland drainage
facilities, concrete swales and grassed swales on each subject lot.

G. TRAPPED LOW AREAS (TEMPORARY STORM WATER STREET STORAGE)

6.11 (1) Where Trapped Low Areas are incorporated into the design of a storm water
overland drainage system for the Development Area, the Developer, at its sole
cost and expense and to the satisfaction of the Managing Director, Calgary
Approvals Coordination, shall register a Stormwater Impoundment Easement and
Restrictive Covenant against all certificates of title for each of the lots adjacent to
the Trapped Low Areas where the maximum depth of the storm water located in
the streets and lanes is designed to be greater than 0.30 metres in depth, as
shown on the building grade plan approved by the Development Engineer:

(a) permitting the collection and storage of water on such property; and

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(b) prohibiting either:

(i) any grading or re-grading of the lot, except in strict accordance

with the building grade plan as approved by the Development
Engineer; or

(ii) the construction of any opening in the walls of any structures

within any lot adjacent to the Trapped Low Areas unless such
openings are higher than 0.30 metres above the maximum
elevation of the said Trapped Low Areas.

(2) Trapped Low Areas and pertinent grades shall be designed in accordance with
City Specifications.

H. NOTIFICATION FOR STORM WATER POND FACILITIES

6.12 If Storm Water Pond Facilities are located on reserve parcels in accordance with City
Council’s requirements for Storm Water Pond Facilities, the Developer shall, at its sole
cost and expense:

(1) advise and clearly delineate to all potential home owners in the community in
which the Development Area is located, through land use signs and marketing
literature, the dual functions of the reserve lands on which the Storm Water Pond
Facilities are located;

(2) if requested by the Managing Director, Calgary Approvals Coordination, provide

a copy of all Storm Water Pond Facilities literature to be made available to
prospective homeowners; and

(3) post and maintain signs where the Storm Water Pond Facilities and overland
drainage routes are located to indicate that the reserve lands serve as a dual
use, the wording and location of which signs shall be to the satisfaction of both
the Managing Director, Calgary Approvals Coordination and the Director, Parks
prior to installation.

PART 7 - WATER

A. INSTALLATION

7.01 The Developer shall, at its sole cost and expense, except as hereinafter provided:

(1) install all water mains, valves, hydrants and fittings, pressure reducing valve
chambers and appurtenances that in the opinion of the Managing Director,
Calgary Approvals Coordination, may be required to serve the Development Area
and adjacent areas, whether or not the said water mains are in Boundary Roads
and Lanes and/or easements;

(2) install all water service connections within the Development Area from the water
mains to:

(a) three and one half (3.5) meters inside the property line of each lot; or

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(b) where the water service connection crosses a gas line and another
shallow utility located within a front yard easement, in which case the
service connection shall be installed five (5.0) metres inside the property
line of each lot,

where the requirements for the water service connections are known during the
time prior to the acknowledgement of the last Final Acceptance Certificate by the
Managing Director, Calgary Approvals Coordination for the lane or road within
which the water service connection is to be installed;

(3) (a) install a single one hundred and fifty millimetre (150 mm) diameter water
service connection and water meter box, which water meter box the City
will install at no expense to the Developer, from the water main to the
property line of each and every:

(i) Sub-neighbourhood Park, Neighbourhood Park, Community Park,

District Park and community association building site; and

(ii) excluding all School Sites and environmental reserve lands within
the Development Area;

(b) identify the location and size of the water service connection to the
Community Association building site, which shall first be approved by the
Director of Water Resources and shall be shown on the Construction
Drawings and plans; and

(c) the Director, Parks shall provide to the Director, Water Resources with
the sizing calculations as necessary; and

(4) prior to the acknowledgement of the Final Acceptance Certificate for water mains
and hydrants, disconnect any temporary water service connection(s) at the water
main installed for any temporary irrigation system, all to the satisfaction of the
Managing Director, Calgary Approvals Coordination.

7.02 The installation of any water service connection from the end of the water service
connection to any building on a lot within the Development Area shall be made under the
supervision of a Qualified Plumber at no cost to the City.

B. OVERSIZE

7.03 If the City requires a water main either within or external to the Development Area to be
larger than necessary to serve the Development Area:

(1) all such water mains shall be designated as Oversize at the time the
Construction Drawings are given final approval by the Development Engineer;

(2) when a water main is installed between two lots in an easement or utility right of
way, the Developer shall:

(a) be obligated to install a carrier and encasement pipe as specified in the

Standard Specifications Waterworks Construction; and

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(b) claim Oversize only for the carrier pipe if the pipe diameter exceeds,

(i) for Residential Development, two hundred and fifty millimetres

(250 mm) as determined in the sole discretion of the Managing
Director, Calgary Approvals Coordination;

(ii) for Commercial Development and Industrial Development, three

hundred millimetres (300 mm) as determined in the sole discretion
of the Managing Director, Calgary Approvals Coordination;

(3) prior to awarding any tenders for the pressure reducing valve and chamber, the
Developer shall first submit drawings, specifications and tendered documents to
the Development Engineer for review and approval;

(4) (a) the City shall pay, from the Developer Funded Infrastructure Stabilization
Fund - Utility Oversize to the Developer of Record, the additional cost of
such larger size pipe and valves only, at prices in accordance with the
Unit Rate Schedule; and

(b) where the installation of a pressure reducing valve and chamber is

required, the City shall pay from the Developer Funded Infrastructure
Stabilization Fund - Utility Oversize the full cost in accordance with the
Unit Rate Schedule, including a payment of 5% for engineering and 5%
for administration;

(5) the City shall not make any payments from the Developer Funded Infrastructure
Stabilization Fund - Utility Oversize for Oversize or pressure reducing valve
chambers unless:

(a) the water main is established as Oversize in the Construction Drawings

approved by the Development Engineer prior to the signing of the Interim
Indemnity Agreement;

(b) the pressure reducing valve is designated for payment prior to the signing
of the Special Clauses Agreement; and

(c) the internal diameter of the water main exceeds:

(i) for Residential Development, two hundred and fifty millimetres

(250 mm); and

(ii) for Commercial Development and Industrial Development, three

hundred millimetres (300 mm).

C. WATER FEEDER MAINS

7.04 (1) The City, except as hereinafter provided, shall install any water feeder mains
from the existing City water mains that may lead into the Development Area as
required by the Manager, Water Quality Services; and

(2) the Developer shall, where possible, coordinate the installation of feeder mains

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with the City’s Water Resources Business Unit so that the water feeder mains will
be installed before surface works are undertaken within the Development Area.

D. CONNECTION TO CITY WATER SUPPLY

7.05 The Developer shall make arrangements with the Manager, Water Quality Services to
have the water mains within the Development Area connected to the City water supply
system, and shall pay the City charges for the said work.

E. CHARGES FOR WATER USAGE

7.06 (1) The water withdrawn from the water supply system shall be metered.

(2) Water use will be charged to the Developer at the rate prescribed by the Water
Utility Bylaw, 40M2006, as amended and replaced from time to time.

(3) The Developer shall as soon as the parks water service connection to reserve
parcels for irrigation purposes is installed, arrange for the installation of a water
meter and shall pay to the City, on a monthly billing basis computed using the
rate prescribed by the Water Utility Bylaw, 40M2006, as amended and replaced
from time to time, the cost of the water used in the Development Area and
irrigation of all parks located within the Development Area until such time as the
Final Acceptance Certificates, as required under this Agreement, for the said
parks have been acknowledged by the City.

F. CONDITION OF WATER SHUT-OFF

7.07 When the water supply within the Development Area, or any portion thereof, has been
turned on and is being used by any third party, the Developer shall not, without the
written consent of the Manager, Water Quality Services, shut off the water supply to any
water mains or fire hydrants.

G. USE OF FIRE HYDRANTS

7.08 (1) Except for grading, pressure testing, disinfecting and flushing of water mains, the
Developer and/or his or her Contractor(s) shall not use fire hydrant(s) connected
to a closed zone distribution system (i.e. no reservoir on the system) to obtain
water for construction purposes unless written permission has first been secured
and received from the Director, Water Services.

(2) The Developer shall endeavour to ensure that the unauthorized use of fire
hydrants by all persons engaged in the construction or maintenance of the
subdivision and development does not occur.

(3) When water is withdrawn from a designated hydrant in accordance with the
approval from the City’s Water Services Business Unit, the Developer must use
(or ensure that its Contractor uses) a hydrant connection unit (back flow meter
assembly (BMA), meter assembly (MA), back flow assembly (BA)) or approved
air gap and adhere to the requirements in the Water Utility Bylaw 40M2006, as
amended and replaced from time to time, and in accordance with City
Specifications pertaining to waterworks construction.

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H. INSTALLATION OF CATHODIC PROTECTION TEST POINTS

7.09 (1) The Developer, at its sole cost and expense, shall coordinate the supply and
installation of a cathodic protection test point where a metallic water system
crosses or parallels a major foreign pipeline; and

(2) the test point shall have leads connected, in a manner approved by the Director,
Water Resources to the foreign pipeline and the water system.

I. WATER SUPPLY – RELEASE OF BUILDING PERMITS

7.10 The Developer shall ensure that the infrastructure facilitating water supply to the Lands
is installed and functional prior to requesting the release of a building permit for any
building to be serviced by the same.

PART 8 - STREETS AND AVENUES

A. CONSTRUCTION

8.01 The Developer, at its sole cost and expense, except as hereinafter provided, shall
construct all streets and avenues within the Development Area, including all Boundary
Roads and Lanes and roads abutting on or adjacent to all reserve parcels and other
lands dedicated to the City for public use, to the width and depth of materials which the
Managing Director, Calgary Approvals Coordination may require to serve the
Development Area and adjacent areas.

8.02 The Developer, at its sole cost and expense, shall rough grade with cuts and fills, the
ground surface of all said roads and streets to finished elevation before excavating for
any finished surface.

8.03 The Developer, at its sole expense, shall:

(1) construct the temporary public oiled and gravelled turnabouts, which shall also
include turnabouts for transit and school buses where required by the Managing
Director, Calgary Approvals Coordination, all of which shall be shown on the
Construction Drawings; and

(2) maintain all the temporary public oiled and gravelled turnabouts including the
transit and school bus turnabouts until such time as the permanent construction
of the roadways takes place on which the temporary public oiled and gravelled
turnabouts are located or until such other time as determined by the Managing
Director, Calgary Approvals Coordination in his or her sole discretion.

B. OVERSIZE

8.04 Where a roadway is required by the Managing Director, Calgary Approvals Coordination
to be a divided Major Road / Arterial Standard in the case of residential roads and an
undivided Major Road / Arterial Standard in the case of industrial roads, then the City
shall pay the cost of the additional width and depth or equivalent construction design
from the Developer Funded Infrastructure Stabilization Fund – Major Road Standard
Oversize to the Developer of Record the cost of such extra width and depth at prices in

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accordance with the Unit Rate Schedule.

8.05 Where roads adjacent to Major Regional Parks (including major athletic parks, municipal
golf courses, natural open spaces and water areas) are less than a Major Road / Arterial
Standard and a road wider than required pursuant to City Specifications is required by
the City, then the City shall pay to the Developer of Record the difference in cost
between the width of the carriageway constructed, and the cost of the road required.

8.06 Where a roadway is required by the Managing Director, Calgary Approvals Coordination
to be a divided Primary Collector standard or a divided Entrance Road Standard,
Oversize shall not be payable.

C. BOUNDARY

8.07 Where roads adjacent to Major Regional Parks (including major athletic parks, municipal
golf courses, natural open spaces and water areas) are constructed to a Major Road /
Arterial Standard, the City shall pay to the Developer of Record, in addition to any
oversize as provided within this Part, the cost of the boundary portion of the carriageway
adjacent to the said Major Regional Parks.

D. SOIL INSTABILITY

8.08 On the account of instability of the soil and in the opinion of the Director of Roads, it is
necessary to provide a greater depth of base for the road, the Developer, at its sole cost
and expense, shall excavate, supply gravel for or replace with other suitable fill to the
satisfaction of the Managing Director, Calgary Approvals Coordination.

E. INSTALLATION OF TRAFFIC CONTROL DUCTS

8.09 The Developer, to the satisfaction of the Director, Roads, shall install the traffic control
ducts, as shown on the Construction Drawings approved by the Development Engineer,
in accordance with the City’s Standard Specifications Street Lighting Construction, and
the Developer of Record, shall be entitled to recover the full cost thereof, at prices in
accordance with the Unit Rate Schedule, when the work has been certified as complete
by the Consulting Engineer and acknowledged by the City.

F. ACCESS ROADS

8.10 (1) (a) The Developer is required to maintain to the satisfaction of the Managing
Director, Calgary Approvals Coordination any hard surfaced or gravelled
access roads, including periodic oiling, into the Development Area until
the Final Acceptance Certificate for paved roads, paved lanes and paved
walkways has been issued, or as otherwise required by the Managing
Director, Calgary Approvals Coordination.

(b) Prior to release from this maintenance requirement by the City, the
Developer, if required by the Managing Director, Calgary Approvals
Coordination, shall rebuild or reinstate the said access roads to a
condition satisfactory to the Managing Director, Calgary Approvals
Coordination or as otherwise set out under the Special Clauses
Agreement.

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(2) If required, access roads referred to in subparagraph (1) shall be as indicated in

the Special Clauses Agreement.

PART 9 - LANES AND WALKWAYS

A. CONSTRUCTION

9.01 The Developer, at its sole cost and expense, except as hereinafter provided, shall:

(1) grade to the standard cross section and profile approved by the Development
Engineer and construct all lanes and walkways within the Development Area to
the width and depth of the materials which the Managing Director, Calgary
Approvals Coordination may require to serve the Development Area and
adjacent areas, including all boundary lanes and walkways, and lanes and
walkways abutting, or adjacent to reserve parcels and other lands dedicated to
the City for public use;

(2) (a) construct a gravel base to residential road standards on those sections of
the lane within the Development Area so designated at the time of
approval of the Construction Drawings and plans by the Development
Engineer, in order to prevent erosion; and

(b) the City will undertake to complete the asphalt priming and surfacing at its
own expense when considered necessary by the Managing Director,
Calgary Approvals Coordination;

(3) rough grade with cuts and fills, the ground surface of all lanes and walkways,
including side sloping, to within one hundred and fifty millimetres (150 mm) of
design grade before the installation of any underground shallow utilities;

(4) (a) grade, gravel and pave all public pathways and walkways within the
Development Area that are not intended for use by vehicular traffic and
shall block off or construct the ends thereof in such a manner as to
prevent their use by vehicular traffic; and

(b) the Developer shall ensure that the paved surfaces of such public
pathways and walkways are left thoroughly compacted and smooth;

(5) provide concrete steps, landings and metal handrails in any of the
aforementioned public ways, narrow lanes or walkways where the Managing
Director, Calgary Approvals Coordination deems it necessary;

(6) compaction requirements in any gravelled lanes shall be no less than 95% of the
Standard Proctor Density (with 98% of the Standard Proctor Density preferred)
with two (2) tests per hundred (100) metre length, the first of which shall be taken
halfway up the utility trench, and the second shall be taken 0.30 of a metre below
the finished surface grade;

(7) (a) construct the temporary public oiled and gravelled lane turnabout(s), as
shown on the Construction Drawings; and

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(b) the Developer, at its sole expense, shall maintain all the temporary public
oiled and gravelled lane turnabout(s) until such time as the permanent
lanes(s) are constructed over the temporary public oiled and gravelled
lane turnabout(s), or until such other time as determined by the Managing
Director, Calgary Approvals Coordination.

B. RESTRICTIVE COVENANTS

9.02 (1) In laneless subdivisions where public sidewalks or pathways are located within
an easement, the Developer shall execute and register on all relevant certificates
of title to the satisfaction of the Managing Director, Calgary Approvals
Coordination, prohibiting the construction of fences and other structures within
the boundaries of the easement to ensure that the right of pedestrian passage is
not interfered with on the said public sidewalks and pathways.

(2) The Developer shall execute and register on all relevant certificates of title, to the
satisfaction of the Managing Director, Calgary Approvals Coordination, a
Restrictive Covenant prohibiting the construction of driveways and vehicle
accesses over a bus loading area where the upright curb is located within the
bus zone.

PART 10 - SIDEWALKS, CURBS AND GUTTERS

A. CONSTRUCTION

10.01 The Developer, at its sole cost and expense except as hereinafter provided, shall
construct:

(1) all sidewalks, curbs and gutters, concrete pedestrian bus stop aprons, and catch
basins and leads, within the Development Area, including those along the
boundary of the Development Area and those abutting, on or adjacent to reserve
parcels and other lands dedicated to the City for public use, in accordance with
City Specifications, which the Managing Director, Calgary Approvals
Coordination may require to serve the Development Area and adjacent areas;

(2) (a) all required driveways over sidewalks and related work in connection
therewith, including curbs, gutters and approach aprons, prior to the
acknowledgement of the Final Acceptance Certificate; however, the
Developer shall not be liable for the construction costs of the driveways
approved, or constructed, after the acknowledgement of the Final
Acceptance Certificate for sidewalks, curbs and gutters; and

(b) the Developer shall obtain approval from the Managing Director, Calgary
Approvals Coordination for all driveways constructed prior to the
acknowledgement of the said Construction Completion Certificate, and
obtain approval from the Director, Roads for all driveways constructed
thereafter; and

(3) the concrete pedestrian bus stop aprons on roads at those locations designated
by the Director, Roads on the Construction Drawings and plans approved by the
Development Engineer.

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B. BOUNDARY

10.02 Where roads adjacent to Major Regional Parks (including major athletic parks, municipal
golf courses, natural open spaces and water areas) are constructed to a major / arterial
thoroughfare category, the City shall pay to the Developer of Record the full cost of the
sidewalk, curb and gutter, including catch basins and leads, constructed adjacent to the
said Major Regional Parks.

PART 11 - FENCING

11.01 (1) The Developer, at its sole cost and expense, and to the satisfaction of the
Managing Director, Calgary Approvals Coordination, shall construct a wooden
screening fence or a sound attenuation fence, if required, of uniform height and
design, within the property line of the double frontage lots within the
Development Area, where the said double frontage lots abut a roadway
constructed to a major / arterial thoroughfare category, or lower standard.

(2) Where it is determined by the Manager, Network Planning that sound attenuation
fencing is required to be constructed within the Development Area adjacent to an
expressway, skeletal road or freeway, the Developer shall construct the sound
attenuation fence to the height and design, as approved by the Managing
Director, Calgary Approvals Coordination, inside the property line of the double
frontage lots and on the property line of the road and lane rights-of-way where
the double frontage lots and the road and lane rights-of-way abut the
expressway, skeletal road or freeway and the Developer of Record shall be
entitled to recover a portion of the cost thereof, excluding the portion abutting the
T.U.C., based on the cost equivalent of constructing a 1.80 metre high chain link
fence, at prices in accordance with the Unit Rate Schedule, when the work has
been certified as complete.

(3) Where it is determined by the Manager, Network Planning that sound attenuation
fencing is not required to be constructed adjacent to an existing or proposed
expressway, skeletal road or freeway, the Developer shall then be required to
construct either a wooden screening fence or 1.80 metre high chain link fence, as
approved by the Managing Director, Calgary Approvals Coordination, inside the
property line of the double frontage lots where the double frontage lots abut the
existing or proposed expressway, skeletal road or freeway, and the Developer of
Record shall be entitled to recover a portion of the cost thereof, excluding the
portion abutting the T.U.C., based on 50% of the cost equivalent of constructing
a 1.80 metre high chain link fence, at prices in accordance with the Unit Rate
Schedule, when the work has been certified as complete.

(4) Where it is determined by the Manager, Network Planning that only a 1.80 metre
high chain link fence is required to be constructed on the property line of a public
road and/or lane which abuts an expressway, skeletal road or freeway, the
Developer shall construct the 1.80 metre high chain link fence and the Developer
of Record shall be entitled to recover the cost thereof, excluding the portion
abutting T.U.C. based on 50% of the cost equivalent of constructing a 1.80 metre
high chain link fence, in accordance with the Unit Rate Schedule, when the work
has been certified as complete.

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(5) In the event that the Developer chooses and receives approval from the
Managing Director, Calgary Approvals Coordination to construct a screening
fence in place of the 1.80 metre high chain link fence required under the
preceding subparagraph, the Developer shall not be entitled to any cost recovery
for the construction of the screening fence.

(6) The Developer, at its sole cost and expense and to the satisfaction of the
Managing Director, Calgary Approvals Coordination and the Director, Parks, shall
construct a fence inside the property line of all residential lots, multi-family lots
and/or commercial lots where they abut any municipal reserve parcels, school
reserve parcels, environmental reserve parcels and/or public utility lots.

(7) The Developer, at its sole cost and expense and to the satisfaction of the
Managing Director, Calgary Approvals Coordination and the Director, Parks, shall
construct a post and cable fence on the property line of any lanes where they
abut any municipal reserve parcels, school reserve parcels, environmental
reserve parcels and/or public utility lots.

(8) The Developer, at its sole cost and expense and to the satisfaction of the
Managing Director, Calgary Approvals Coordination, shall construct a fence
inside the property line of all residential lots, multi-family lots and /or commercial
lots where they abut any walkways.

PART 12 - STRIPPING AND ROUGH GRADING

12.01 Only the Development Area shall be stripped and rough graded.

12.02 Prior to the commencement of stripping and rough grading of the Development Area, the
Developer shall:

(1) submit for approval by the individual appointed to the position of Corporate
Planning Applications Group (CPAG) Utilities and Environmental Protection
(UEP) Development Engineering Generalist for the area, the following items:

(a) two (2) copies of the cut and fill plans identifying those areas with more
than two metres of fill;

(b) a Deep Fills Report for those areas being filled more than two metres
deep, containing recommendations on any development restrictions,
including but not limited to bearing certificates, special foundation
designs, that may be necessary to ensure the integrity of any structure
constructed on fill areas, including but not limited to buildings, roads and
utilities;

(c) two (2) copies of an Erosion and Sediment Control (ESC) Plan;

(d) a letter from the Developer stating that all affected utility companies have
been contacted regarding the relocation or disposition of that utility;

(e) plans showing details of edge conditions and/or backsloping requirements

and areas to be reloamed, seeded and maintained until self-sustaining,

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erosion resistant vegetation cover is established;

(f) a list identifying the owners of all lands and all parties having an interest
in underground utility easements located on those lands, that will be
affected by proposed stripping and grading;

(g) written documentation from those affected parties, including from Calgary
Roads where City road rights-of-way are involved, giving permission to
access and/or work on such affected lands or easements;

(h) where the stripping and grading boundary abuts other property owners, or
affects road rights-of-way or underground utility easements, cross
sections must be submitted;

(i) a letter from the Director, Parks and/or the School Board affected (where
applicable) approving the location of the loam stock pile on a Municipal
Reserve, School Reserve or Municipal School Reserve site, as
contemplated in the Municipal Government Act, and outlining any
conditions that may be required; and

(j) a letter from the Director, Roads approving the stockpiling of loam on
interchange areas, or grading adjacent to existing or proposed roadways,
and outlining other required conditions;

(2) review and comply with the most recent copies of the Water Resources, Erosion
and Sediment Control Guidelines and the Erosion and Sediment Control Plan ;

(3) submit a copy of the approval by the Province of Alberta for any stripping and
grading encroachments within a Transportation and Utility Corridor as per the
Provincial Transportation Utility Corridor policy;

(4) at least two (2) business days in advance of commencing the stripping and
grading operations on the site, contact 311 to notify Water Resources’
Stormwater Pollution Prevention of project start-up;

(5) notify the Team Lead, Stormwater Pollution Prevention of the use of any hard
surfaced or gravelled road to be used as an access road;

(6) where applicable, erect fencing and provide other measures satisfactory to the
Director, Parks to ensure the stripping and grading does not encroach into any
land designated as Environmental Reserve; and

(7) (a) execute the Special Clauses Agreement; or

(b) obtain written consent from the Team Lead, Stormwater Pollution
Prevention Coordinator to commence stripping and grading operations
prior to the execution of the Special Clauses Agreement.

12.03 The Developer must contact 311 to make arrangements with Water Services for water
supply, including but not limited to backflow prevention and water hydrant usage during
the stripping and grading process.

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12.04 The Developer, at its sole cost and expense, shall erect “Private Property” and “No
Trespassing” signs on the perimeter of the Lands, stating the Developer’s name and the
phone number of a representative.

12.05 Any and all stock pile(s) created in connection with the stripping and grading of the
Development Area shall be neat in appearance, free from any hazardous condition, in
compliance with the Erosion and Sediment Control Plan, and posted with signs
prohibiting dumping and designating the Lands as “Private Property”, “No Trespassing”
and “No Unauthorized Personnel Beyond this Point”, all to the satisfaction of the Team
Lead, Stormwater Pollution Prevention;

12.06 The Developer shall be responsible for controlling noxious weeds as contemplated in the
Weed Control Act, SA 2008, c.W-5.1, as amended.

12.07 (1) Any and all loam stock pile(s) created in connection with the stripping and
grading shall be removed by the Payment Date, unless an extension of time is
granted in writing by the Managing Director, Calgary Approvals Coordination
prior to the said date; and

(2) Extension applications must be requested in writing thirty (30) days prior to the
Payment Date of this Agreement or the request will be automatically denied and
removal procedures will be initiated.

12.08 No grading, filling or excavation is permitted within utility and road rights-of-way, under
any overhead utility lines, or over any underground utilities, unless prior written
authorization has been obtained from the utility agencies or City Business Units
concerned.

12.09 The Developer, at its sole cost and expense, before, during and after the stripping and
grading of the Development Area, shall fulfill the obligations contained in the approved
Plan regarding erosion and sediment control in and from the Development Area and
shall comply with the Approved Erosion and Sediment Control Plan(s) and any
associated conditions included in the associated Approval letter.

12.10 The Developer, at its sole cost and expense, before, during and after the stripping and
grading and development of the Development Area, shall fulfill the obligations contained
in the City Specifications regarding the control and disposal of all storm water in and
from the Development Area and storm water which may be cut off from its natural
drainage route by the development.

12.11 If during stripping and grading operations or any other construction within the
Development Area, the applicant, owner of the development site, or any of their agents
or contractors become aware of any contamination:

(1) the Developer shall ensure that any person discovering such contamination shall
forthwith report the contamination to Alberta Environment and Parks and the
Director, Environmental Management.

(2) the Developer, prior to the release of any building permits, shall submit a Phase
2 Environmental Site Assessment acceptable to Alberta Environment and Parks
and the Director, Environmental Management.

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(3) if required to do so by Alberta Environment and Parks or Calgary Health Region

or the Director, Environmental Management, the applicant shall submit to Alberta
Environment and Parks and the Director, Environmental Management, a
remediation plan or risk management plan (Phase 3 ESA), acceptable to Alberta
Environment and Parks and the Director, Environmental Management.

(4) before the Public Infrastructure Section provides a clearance letter to the City’s
Calgary Building Services Business Unit to facilitate the release of Building
Permits, the Developer shall submit to the Team Lead, Development
Engineering., a letter, in a form satisfactory to the Managing Director, Calgary
Approvals Coordination, certifying that the physical components identified in the
Phase 3 ESA have been installed.

12.12 If the Developer encroaches into the adjacent land during the stripping and grading of
the Development Area, the Developer, at its sole expense, shall rehabilitate the adjacent
lands to the satisfaction of the adjacent land owners immediately after cessation of use
of the adjacent land.

12.13 The Developer, at its sole cost and expense, and to the satisfaction of the Team Lead,
Stormwater Pollution Prevention shall rehabilitate in a timely manner any offsite areas or
operations, storm water runoff, soil erosion, soil instability, sedimentation, dust or other
problems which may arise from the stripping and grading.

12.14 A Stripping and Rough Grading Compaction Report shall be submitted by the Consulting
Engineer to the Coordinator, Public Infrastructure certifying that rough grading is in
compliance as set out in the Consulting Engineer’s Field Services Guidelines.

12.15 (1) The Developer shall provide written notification to the Managing Director, Calgary
Approvals Coordination that all septic systems, including but not limited to fields,
tanks and water wells located within the Development Area have been
decommissioned to the satisfaction of the Coordinator, Public Infrastructure and
that the impacted areas have been rehabilitated and are suitable for the intended
use.

(2) In the event that any septic systems, including but not limited to fields and tanks
and water wells, located within the Development Area have not been
decommissioned, the Developer shall provide written notification to the Managing
Director, Calgary Approvals Coordination indicating why they have not been
decommissioned and when they will be decommissioned in the future.

PART 13 - TRANSPORTATION AND UTILITY CORRIDORS

13.01 If the community in which the Development Area is located is adjacent to a

Transportation and Utility Corridor, the Developer, at its sole cost and expense and to
the satisfaction of the Director, Development and Building Approvals, shall install and
maintain the temporary signs at the entrances to the community that are both required
by and in accordance with the Transportation and Utility Corridor (T.U.C.) Signage
Policy.

13.02 The Developer shall obtain approval from the Province of Alberta, which may include
Ministerial consent for work within or adjacent to the T.U.C. in accordance with the

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Provincial T.U.C. policies and requirements.

PART 14 - LANDSCAPING OF RESERVE PARCELS, PUBLIC UTILITY LOTS, STREETS

AND AVENUES AND UNDERGROUND IRRIGATION

A. GRADING, LOAMING AND SEEDING

14.01 The Developer, at its sole cost and expense, except as hereinafter provided shall:

(1) grade, loam and seed to grass, to the satisfaction of the Director, Parks and in
conformity with the Park Specifications, all:

(a) sub-neighbourhood parks;

(b) linear parks;

(c) public utility lots;

(d) boulevards;

(e) medians;

(f) traffic islands with a minimum five hundred (500) square metres in area;

(g) Public Utility Lots located adjacent to Municipal Reserve specifically for
shallow utility infrastructure;

(h) those portions of the Neighbourhood Park, Community Park, and District
Parks that are designated by the City’s Parks Business Unit as decorative
parks, ornamental parks and tot lots; and

(2) ensure that the grass is well established and in a vigorous growing condition after
the first cutting after germination, to the satisfaction of the Director, Parks.

14.02 Notwithstanding anything contained herein, the Developer shall:

(1) construct all Neighbourhood Park, Community Park, and District Parks, and
associated amenities, required as a condition of Subdivision Approval in
accordance with the Park Specifications; and

(2) use the Conceptual Site Plan approved at the time of the outline plan as a guide
to prepare Construction Drawings for the said parks.

14.03 The Final Acceptance Certificate for Community and District Parks shall be submitted to
the City no later than:

(1) at least one full year prior to occupancy of a school located on the park;

(2) when thirty (30) percent of the lots or projected lots located within all lands
located within 1.2 kilometres from the property line of the said Community and
District Park, as the case may be, have building permits released and the
community has made a formal written request to the Director, Parks to develop

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the said park;

(3) when the City requires the said Community and District Parks for municipal
purposes; or

(4) September 30th in the year in which the Community and District Parks are
constructed.

14.04 Neighbourhood and Sub-neighbourhood Parks are to be completed to the satisfaction of

the Director, Parks once fifty (50) percent of the lots adjacent to the said parks have
building permits released.

14.05 The Developer shall ensure that any fill material placed on reserve parcels in
accordance with Parks Specifications and the backfilling specifications of the City is
placed in a workmanlike manner, including:

(1) the removal of loam prior to the placement of the fill material; and

(2) all fill materials and the compaction of all fill materials placed in those areas that
can be identified as potential building sites by the City’s Joint Use Coordinating
Committee.

14.06 The Developer of Record shall be entitled to cost recovery of the minimum landscape
development activities as defined in the Park Specifications for Community and District
Parks, including amenities, at prices in accordance with the Unit Rate Schedule upon
acknowledgement of the relevant Construction Completion Certificate.

14.07 The Developer, at its sole cost and expense shall ensure that prior to the
acknowledgement of the respective Construction Completion Certificate, all items
referenced in paragraph 14.01 are maintained in a “weed free” condition, all to the
satisfaction of the Director, Parks.

B. UNDERGROUND IRRIGATION AND POWER SUPPLY

14.08 The Developer, at its sole cost and expense shall:

(1) install water service and underground irrigation in all Sub-neighbourhood Parks,
Linear Parks and only those portions of the Neighbourhood Park, Community
Park, and District Parks which are designated in accordance with the Park
Specifications; and

(2) (a) provide a 110 volt, 30 ampere power supply for all Sub-neighbourhood
Parks, Linear Parks, Neighbourhood Parks and Community and District
Parks within fifteen (15) metres of the parks water service in accordance
with the Safety Codes Act, R.S.A. 2000, c.S-1, as amended from time to
time and the Park Specifications; and

(b) in the case of Sub-neighbourhood Parks and Linear Parks, other types of
power supply may be used subject to the approval of the Director, Parks.

C. OPTIONAL SUBDIVISION AMENITIES

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14.09 The Developer, at its option, may construct or install Optional Subdivision Amenities in
reserve parcels, streets, avenues rights-of-way located within the Development Area, at
the locations, to the specifications and subject to any conditions approved by the
Approving Authority, as shown on the Construction Drawings.

D. ENVIRONMENTAL RESERVES (PROTECTION AND FENCING)

14.10 The Developer, at its sole cost and expense shall:

(1) (a) prior to the approval for stripping and rough grading of the Development
Area, erect a temporary fence on the property lines of all environmental
reserves within or adjacent to the boundaries of the Development Area,
and the Developer shall continuously maintain the said temporary fence
until the final grading and landscaping of the adjacent land is completed,
at which time the fence shall be removed by the Developer; and

(b) erect temporary fencing in the working easement of a utility easement

(being the area inside of the utility easement in which the Developer is
authorized to work) that is located within land designated as
Environmental Reserve when the work is being undertaken in a utility
easement;

(2) grade, loam, seed and rehabilitate to the satisfaction of the Director, Parks, the
portions of any environmental reserve that is disturbed as a result of activity
undertaken in connection with this Agreement;

(3) ensure that the proposed grades of the Development Area are compatible with
the existing grades of all lands designated as Environmental Reserve, to the
satisfaction of the Managing Director, Calgary Approvals Coordination;

(4) institute erosion control measures, that comply with the Approved Erosion and
Sediment Control Plan, satisfactory to the Team Lead, Stormwater Pollution
Prevention, to protect land designated as Environmental Reserve taking into
account the surrounding topography; and

(5) keep all lands designated as Environmental Reserve clean of construction debris
on an ongoing basis.

E. LOAM STOCKPILING

14.11 (1) The Developer may stockpile loam which has been removed from land within the
Development Area or land external to the Development Area upon or within
which Infrastructure will be constructed as contemplated in this Agreement:

(a) on a reserve parcel after receipt of written approval from the Director,
Parks, provided that it is in accordance with such approval; and

(b) on land owned by the Developer within the Development Area after
receipt of written approval of the Managing Director, Calgary Approvals
Coordination, provided that it is in accordance with such approval.

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(2) In addition to any conditions or obligations imposed by the Director, Parks or the
Managing Director, Calgary Approvals Coordination, in connection with an
approval contemplated in subparagraph (1) above, the Developer, at its sole cost
and expense, shall erect signs around the lands upon which the loam is
stockpiled to indicate that the dumping and storage of other materials is
prohibited and ensure that erosion and sediment control practices are installed to
comply with the Erosion and Sediment Control Guidelines and the Erosion and
Sediment Control Plan.

(3) (a) Subject to subparagraph 14.11(5) below, a loam stockpile located on a

reserve parcel within the Development Area may remain on the said land
for a maximum of two (2) years from the date of this Agreement, after
which the time period may be extended in writing by the Managing
Director, Calgary Approvals Coordination, after having consulted with the
Director, Parks if the land in question is required for municipal purposes,
until the City desires to use the said land or portions thereof for municipal
purposes.

(b) (i) Following the expiration of the two (2) year period, or extension
granted pursuant to subparagraph (a) above, the Director, Parks
shall notify the Developer of Record in writing of the termination of
the Developer’s right to stockpile loam on the said land; and

(ii) the Developer shall, at its sole cost and expense, remove such
loam stockpile within six (6) months from the date of receipt of
such written notice from the Director, Parks.

(4) (a) Subject to subparagraph 14.11(5) below, a loam stockpile located on land
owned by the Developer within the Development Area may remain on the
said land for a maximum of three (3) years from the date of this
Agreement, after which time the period may be extended until the
Managing Director, Calgary Approvals Coordination, in his or her sole
discretion, notifies the Developer of Record in writing of the termination of
the consent to maintain the loam stockpile on the said land.

(b) (i) Following the expiration of the three (3) year period, or extension
granted pursuant to subparagraph (a) above, the Managing
Director, Calgary Approvals Coordination may notify the
Developer of Record in writing of the termination of the
Developer’s right to stockpile loam on the said land; and

(ii) the Developer shall, at its sole cost and expense, remove such
loam stockpile within six (6) months from the date of receipt of
such written notice from the Managing Director, Calgary Approvals
Coordination.

(5) (a) If the Director, Parks or the Managing Director, Calgary Approvals
Coordination, as the case may be, determines, in his or her sole opinion,
that any such loam stockpile referenced herein is not being operated or
maintained:

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(i) in compliance with the terms or conditions of the written approval

given by him or her relating to such loam stockpile; or

(ii) in compliance with the terms or conditions of this Agreement, he

or she may notify the Developer of Record to take such remedial
action as he or she deems necessary to remedy or correct such
non-compliance within a specified period of time as he or she
deems appropriate in his or her sole discretion.

(b) Upon the failure, neglect or refusal of the Developer to comply with any
such notice, or in the event that a hazardous condition exists requiring
immediate action (in which case no notice to the Developer shall be
required to be given), the City may, but shall not be obliged to perform or
cause to be performed any remedial, corrective or immediate action
deemed necessary in the sole opinion of the Director, Parks or the
Managing Director, Calgary Approvals Coordination including, but not
limited to removal of the loam stockpile, without any notice to and at the
sole cost of the Developer.

(6) If the City removes any loam stockpile pursuant to the terms of this Agreement, it
shall:

(a) have the right, but not the obligation, to store or market and sell the loam
or any portions thereof, in any manner and at any price or prices as may
be determined in the sole discretion of the Director, Parks or the
Managing Director, Calgary Approvals Coordination, as the case may be;

(b) be entitled to recover any and all costs and expenses as may be incurred
with the removal, storage, management, maintenance, marketing or sale
of such loam, and any and all other costs and expenses as may, from
time to time, be outstanding from the Developer in respect of the
obligations of the Developer under this Agreement; and

(c) such proceeds as may be obtained in excess of the City’s aforementioned

costs and expenses shall be credited to the account of the Developer of
Record, and set off against any of the Developer of Record’s outstanding
debts to the City.

(7) For clarity, the parties agree that the Developer’s indemnification contained in
Part 20 - (Indemnification) of this Agreement shall apply to any and all claims,
losses, liabilities, actions, demands, damages, causes of actions, interest, legal
fees, legal or administrative proceedings, suits, costs and expenses of
whatsoever kind or nature, which may be brought against or incurred by the City
or its employees by any person or persons for injury, loss or damage whether
personal or to property arising directly or indirectly out of the creation, removal,
maintenance or existence of any loam stockpile, or the Developer’s operations,
acts or omissions relating thereto.

(8) The Developer shall, in accordance with the Municipal Government Act and the
City of Calgary Land Use Bylaw 1P2007, as amended, submit and obtain
approval of a Development Permit application for any stripping of loam

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operations or stockpiling of any loam intended to be performed or located on any

land outside of the Development Area prior to commencing any operations
relating to such stripping or loam stockpiling.

F. URBAN FOREST MANAGEMENT (TREE PLANTING)

14.12 The Developer, at its sole cost and expense shall:

(1) plant all trees within the Development Area in conformity with the Tree Planting
Guidelines and the Urban Forest Management Policy using the one tree per two
lot formula and giving first priority to the planting of trees on public lands; and

(2) plant all trees on public land within the Development Area in conformity with Park
Specifications, the Tree Planting Guidelines and the Urban Forest Management
Policy.

PART 15 - STREET LIGHTING, WALKWAY LIGHTING AND RESERVE PATHWAY

LIGHTING

15.01 Prior to the installation of any street, walkway or reserve pathway lighting required
pursuant to conditions of subdivision or development permit approval, the Developer
shall determine whether it will retain a private third party or the City through ENMAX
Power Services Corporation (EPSC) to carry out the installation, and shall notify the City
of its decision within eight (8) weeks of the desired installation date.

15.02 Where the Developer arranges for a private third party to design and install any street,
walkway or reserve pathway lighting, it shall do so in accordance with the following, all at
the Developer’s sole cost and expense, unless otherwise provided:

(1) make its own arrangements satisfactory to the Director, Roads, including
approval of the electrical consultant to be used, to design and install the street,
walkway and reserve pathway lighting in accordance with City Specifications;

(2) install all street, walkway and reserve pathway lighting (including all walkways
and paved pathways located on reserve parcels forming part of the pedestrian
element of the City’s overall transportation network) within the Development
Area, along all boundary roads and roads abutting or adjacent to all reserve
parcels and other lands dedicated to the City for public use, which may be, in the
opinion of the Managing Director, Calgary Approvals Coordination, required to
serve the Development Area and within offsite areas as required as a condition
of subdivision or development approval or otherwise required by this Agreement;

(3) prior to the commencement of installation of all street, walkway and reserve
pathway lighting, the Developer shall forward the proposed design and
Construction Drawings to the Director, Roads and obtain his or her approval,
along with confirmation from the City’s Community Services and Protective
Services Business Unit of the location of pathways located on reserve land;

(4) provide temporary street, walkway and reserve pathway lighting wherever new
roadways transition to the existing roadway where future traffic signals will be
installed, all of which may be beyond the boundary of the Development Area;

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(5) Street lights are required when a lane constitutes the primary vehicle access for
a residential block/lot, specifically where the residence is addressed to the
access lane. These primary access lanes for residential areas must meet the
lighting criteria as set out in the Design Guidelines for Street Lighting. Lighting in
alleyways and back alleys that are not the primary vehicle access for a residence
are not considered warranted and are not required to be lit according to the
Design Guidelines for Street Lighting. Street lights are required for named
walkways as the front of the house facing the MR is the legal front entrance.

15.03 If the Developer requests the City, through EPSC to design and install the required
street lighting, walkway or reserve pathway lighting within the Development Area, in
addition to the obligations contained in paragraphs 15.02(1) through (5) inclusive, it shall
proceed in accordance with the following:

(1) (a) EPSC will design all street, walkway and reserve pathway lighting to City
Specifications and receive approval from the City that the design is
satisfactory;

(b) EPSC will submit to the City’s Roads Business Unit, in a form satisfactory
to the Director, Roads copies of the approved tentative plan of subdivision
(in the case of a Subdivision Approval), the sidewalk and water cover
sheets, plans depicting the location of Shallow Utilities, building grade
plan and any other documents determined relevant by the Director,
Roads; and

(c) following receipt of these plans, the EPSC shall provide the Developer of
Record and the City with a plan showing the proposed street, walkway
and reserve pathway lighting system and estimated cost (including
additional costs for non-standard street, walkway and reserve pathway
lighting);

(2) work with representatives from EPSC, the City’s Roads Business Unit and other
utilities and agencies to coordinate the design and construction of all street,
walkway and reserve pathway lighting in a cooperative, timely and efficient
manner;

(3) notify EPSC to construct all street, walkway and reserve pathway lighting, in
accordance with EPSC timelines, prior to the completion of eighty five (85)
percent of the sidewalks, curbs, gutters and pavement;

(4) before construction of all street, walkway and reserve pathway lighting is required
on any Major Road / Arterial Standard, the Developer shall notify EPSC in
writing, in accordance with EPSC timelines, in order that the street lighting can
be designed and the installation scheduled;

(5) EPSC will erect the street light units, as soon as practicable, following the
completion of eighty five (85) percent of the sidewalks, curbs, gutters and
pavement; and

(6) payment for street lighting is arranged directly between the Developer and
EPSC, and the Developer is responsible for actual cost of the construction of all

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street, walkway and reserve pathway lighting.

15.04 The Developer shall pay the cost of the relocation of street light poles if the lots were re-
subdivided by the Developer, which cost shall be determined in the sole discretion of the
Director, Roads.

15.05 (1) Where street lighting that is non-standard within the Roads Standards and
Specifications is requested by the Developer, the Developer shall select the
lighting style from the City’s Roads Business Unit approved list of non-standard
street lighting types.

(2) The costs for the non-standard street lighting include construction and material
costs as well as incremental costs of energy and maintenance calculated over a
fifteen (15) year period.

PART 16 - EASEMENTS

16.01 The Developer covenants with the City that it shall grant to the City, electric, natural gas,
cable, telephone and any other utility company such easements as are necessary and
required at the outline plan and tentative plan stages, for the supply of the respective
utilities to the Development Area or any part thereof, and further covenants that it will
execute and deliver registerable easements to the City to allow for their registration at
the South Alberta Land Titles Office.

16.02 If the Developer does not own the lots over which the easements required by this
Agreement are to be located, prior to providing the City with any registerable easements,
the Developer covenants to obtain same from any subsequent owner of lots over which
the easements are to be located prior to the Payment Date, or the acknowledgement of
the last Final Acceptance Certificate, whichever is the earlier.

PART 17 - LAND PURCHASE

A. LAND PURCHASE OPTION AGREEMENT

17.01 (1) Concurrent with the Special Clauses Agreement, the Developer shall grant the
City an “Option to Purchase” (in the form and conditions contained in the City’s
Land Purchase Option Agreement), or at the request of the City enter into an
“Agreement for Purchase and Sale” with the City in accordance with the City’s
standard form of Agreement for Purchase and Sale, for the acquisition of
additional land(s) the City may require for Municipal Purposes as defined in the
Municipal Government Act.

(2) It is hereby acknowledged that when the Developer and the City enter into a
Land Purchase Option Agreement or Agreement for Purchase and Sale under
this Part, the date associated therewith shall be indicated in the relevant Special
Clauses Agreement and evidence thereof shall be provided and referenced in the
Special Clauses Agreement to the satisfaction of the Managing Director, Calgary
Approvals Coordination.

B. LAND PURCHASE – UNSERVICED LAND

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17.02 (1) Where land, in excess of that which the City can compel the Developer to
dedicate as a condition of Subdivision Approval, is required by the City for
Municipal Purposes as defined in the Municipal Government Act and is
determined in the sole discretion of the Managing Director, Calgary Approvals
Coordination to be un-serviced in nature and is identified at the Outline Plan
stage, the Developer agrees to sell and the City agrees to purchase subject to
the approval of City Council in accordance with 17.02(2).

(2) The market value of lands identified pursuant to 17.02 (1) shall be determined on
the basis of what might be expected to be realized if the land were in an
unsubdivided state and sold in the open market by a willing seller to a willing
buyer on the date on which the appraisal is made. Such appraisal shall estimate
the market value of the lands as at the date of approval of the tentative plan of
subdivision. The annually approved sector rates shall form the basis for
negotiations and if necessary, an independent appraisal may be obtained, as a
shared expense by the Developer and The City and such appraisal shall be
determinative.

C. LAND PURCHASE – SERVICED LAND

17.03 (1) Where land, in excess of that which the City can compel the Developer to
dedicate as a condition of Subdivision Approval, is required by the City for
Municipal Purposes as defined in the Municipal Government Act and is
determined in the sole discretion of the Managing Director, Calgary Approvals
Coordination to require the availability of sanitary sewers, storm sewers, sewer
and water service connections, water mains and hydrants, for the Municipal
Purpose for which the land is required, and is identified at the Outline Plan stage,
the Developer agrees to sell and the City agrees to purchase subject to the
approval of City Council in accordance with 17.03(2).

(2) The market value of the lands identified pursuant to 17.03 (1) shall be
determined as at the date of approval of the tentative plan of Subdivision. An
internal valuation for the lands approved by the Valuation Review Committee
shall form the basis for negotiations and if necessary, an independent appraisal
may be obtained, as a shared expense by the Development and The City and
such appraisal shall be determinative.

D. LAND PURCHASE - RESERVE PURPOSES

17.04 (1) Where land, in excess of that which the City can compel the Developer to
dedicate as a condition of Subdivision Approval, is required by the City as
reserve, the Developer agrees to sell and the City agrees to purchase such land
subject to the approval of City Council.

(2) The market value of the land shall be based on a price per hectare/acre equal to
that which would have been determined for the dedicated reserves, in
accordance with the provisions of the Municipal Government Act, had the
Developer been obligated to pay cash-in-lieu of reserves as a condition of
Subdivision Approval.

PART 18 - SECURITY

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18.01 (1) The Developer shall provide the City with Security in the amount of:

(a) Tier 1 Developers:

(i) One Hundred Percent (100%) of all estimated construction costs

of the Infrastructure contemplated herein with a minimum payable
amount of One Hundred and Fifty Thousand Dollars
($150,000.00) in addition to all levies and other amounts payable
to the City under this Agreement and any amendments hereto;

(b) Tier 2 Developers:

(i) Fifty Percent (50%) of all estimated construction costs of the

Infrastructure contemplated herein with a minimum payable
amount of One Hundred and Fifty Thousand Dollars
($150,000.00) in addition to all levies and other amounts payable
to the City under this Agreement and any amendments hereto; or

(c) Tier 3 Developers:

(i) Three Thousand and Nine Hundred and Forty-Two Dollars

($3,942.00) for every lot that is not a multi-family, commercial or
industrial lot; and

(ii) Eighteen Thousand and Eighty-Four Dollars ($18,084.00) for each

and every hectare or part thereof for each lot that is a multi-family,
commercial or industrial lot;

contained within the Development Area, with a minimum payable amount

of One Hundred and Fifty Thousand Dollars ($150,000.00) in addition to
all levies and other amounts payable to the City under this Agreement
and any amendments hereto.

(2) (a) Regardless of the adequacy of the Security, any deposits or other sums
credited by or due from the City to the Developer and any securities or
other property of the Developer in the possession of the City may be
applied to or set off against the obligations of the Developer hereunder
and any or all other liabilities, direct or indirect, absolute or contingent,
due or to be come due, now existing or hereafter arising, of the Developer
to the City at any time after the occurrence and during the continuance of
any defect or default.

(b) The City may cash in any or all of the Security to secure the payment and
performance of all present and future debts and liabilities of the
Developer to the City, whether such debts and liabilities were incurred
alone or with another or others and whether as principal, surety or
guarantor, and whether matured or not matured, and whether absolute or
contingent.

(3) The tiering of the Developer for this Agreement will be based on the tiering of the
Developer of Record and the successful completion of this Agreement will count

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towards the track record of the Developer of Record and not the other parties to
this Agreement. A default under this Agreement may negatively affect the tiering
of any or all of the Developers.

18.02 (1) For Tier 3 Developers:

(a) The amount of the Security may be reduced, upon the Developer of
Record’s request and in the sole discretion of the Managing Director,
Calgary Approvals Coordination, only once before the acknowledgement
of all Construction Completion Certificates for the sanitary sewers, storm
sewers, water mains and hydrants, sewer and water service connections,
paved roads and walkways and sidewalks, curbs and gutters and catch
basins. After acknowledgement of the abovementioned Construction
Completion Certificates the Developer of Record may request further
reductions in the amount of Security; and

(b) The reduction of the Security shall only be by such amount as determined
by the Managing Director, Calgary Approvals Coordination, in his or her
sole discretion, so that the remaining Security is sufficient to cover the
cost of all of the Developer’s remaining obligations under this Agreement
including, without limiting the generality of the foregoing:

(i) the control or abatement of all nuisances associated with

construction within the Development Area, including but not
limited to storm water run-off, sedimentation, erosion and dust;

(ii) maintenance and removal of any loam stockpile created from

loam removed from the Development Area whether located inside
or outside of the Development Area; and

(iii) rehabilitation of any loam stockpile site.

(2) For Tier 1 Developers and Tier 2 Developers, the reduction of security shall
occur only upon such direction of and in such amount specified by the Managing
Director, Calgary Approvals Coordination.

18.03 The Security shall not be entirely released by the City until all of the Final Acceptance
Certificates have been approved and all other requirements under this Agreement have
been met by the Developer (excepting only the requirements secured by an irrevocable
letter of credit, performance bond or other additional Security provided by the Developer
pursuant to this Part).

18.04 (1) To secure its obligations to remove loam that was stockpiled in connection with
the stripping and grading of the Development Area and rehabilitation of loam
stockpile site(s) contained herein, the Developer may either:

(a) increase the value of the Security if acceptable to the Managing Director,
Calgary Approvals Coordination; or

(b) provide the City with a new form of Security to the satisfaction of the
Managing Director, Calgary Approvals Coordination;

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all of which may be used by the City to specifically secure the performance of the
Developer’s obligations to remove the loam stockpile(s) and rehabilitate any loam
stockpile site as contemplated herein.

(2) During the term of this Agreement, if in the sole opinion of the Managing Director,
Calgary Approvals Coordination the amount of Security required pursuant to
paragraph 18.01(1) is insufficient, the Managing Director, Calgary Approvals
Coordination may require that the Developer provide additional security. Any
such additional security ordered to be provided by the Managing Director,
Calgary Approvals Coordination, shall be in the form of and shall form part of the
Security. Such additional Security shall be in an amount that does not exceed
the original Security amount required under this Agreement.

(3) (a) The City, at its option, may hold the Security specific to the loam removal
in addition to other securities held by the City from other Development
Areas which have stockpiled loam on the said loam stockpile site.

(b) The total amount of Security held by the City pursuant to this paragraph
shall not exceed the amount which is in the sole opinion of the Managing
Director, Calgary Approvals Coordination to be the estimated cost of
removing the loam stockpile and rehabilitating the said loam stockpile
site.

(c) The Security required under this paragraph shall not be released until the
loam stockpile is removed and the site upon which the loam stockpile was
located has been rehabilitated to the satisfaction of the Director, Parks or
the Managing Director, Calgary Approvals Coordination, as the case may
be, or unless the City has sufficient Security, in the opinion of the
Managing Director, Calgary Approvals Coordination, from other lands
within the Development Area for such purpose.

18.05 To secure its obligations to remove loam that was stockpiled on City owned land or
lands to be transferred to the City, in connection with the stripping and grading of the
Development Area and rehabilitation of the loam stockpiles, the Developer may be
required to provide additional Security to the City for its use:

(1) in an amount that is, in the sole opinion of the Managing Director, Calgary
Approvals Coordination, equal to the estimated cost of removing the loam
stockpile(s) and rehabilitating any loam stockpile sites;

(2) that shall not be released until the loam stockpile(s) is removed and the site upon
which the loam stockpile was located has been rehabilitated to the satisfaction of
the Director, Parks or the Managing Director, Calgary Approvals Coordination, as
the case may be, or unless the City has sufficient Security, in the opinion of the
Managing Director, Calgary Approvals Coordination, from other lands within the
Development Area for such purpose.

18.06 To secure its obligation to maintain final top lift asphalt, the Developer shall provide
additional Security to the City for its use:

(1) in an amount that is, in the sole opinion of the Managing Director, Calgary

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Approvals Coordination, equal to the estimated cost of removing and replacing all
of the final top lift asphalt, referred to above, based on the Unit Rate Schedule in
effect at the time the final top lift asphalt is placed; and

(2) that shall not be released until a Final Acceptance Certificate has been issued in
respect of the final top lift asphalt referred to above.

18.07 To secure the performance of its obligation to repair builder damage to sidewalks, curbs
and gutters (when located adjacent to undeveloped lots requiring building, driveway, or
landscape construction) that occurs after acknowledgement of the Final Acceptance
Certificate for the same, the Developer may choose one of the following options:

(1) where the Developer continues to maintain and repair the said sidewalks, curbs
and gutters following the acknowledgement of the Final Acceptance Certificate, it
shall provide Security to the City (that the City shall be entitled to use in the event
of a default of the obligation to maintain and repair) in the amount of Five
Hundred Dollars ($500) per undeveloped lot prior to the City’s acknowledgement
of the said Final Acceptance Certificate, which Security shall not be released by
the City until a joint inspection with the City and the Consulting Engineer reveals:

(a) development of the adjacent lots (as identified by the Managing Director,
Calgary Approvals Coordination) is complete; and

(b) the Developer has completed, to the satisfaction of the Managing

Director, Calgary Approvals Coordination, any and all repairs to the
sidewalks, curbs and gutters damaged by actions of builders adjacent to
the undeveloped lots; or

(2) where the Developer ceases to maintain and repair the said sidewalks, curbs and
gutters following the acknowledgement of the Final Acceptance Certificate, in
which case the City will assume the maintenance for the said sidewalks, curbs
and gutters following its acknowledgement of the Final Acceptance Certificate for
the same, it shall pay to the City Four Thousand Dollars ($4,000.00) per
undeveloped lot, which amount the City will be entitled to keep regardless of
whether any or all of it is expended by the City for said maintenance or repair.

18.08 (1) The Developer shall ensure the Security under this Agreement contains a
condition for the auto-renewal of the Security to the satisfaction of the Managing
Director, Calgary Approvals Coordination.

(2) The Developer shall provide the necessary renewal of the Security to the City at
least sixty (60) days before the expiration date of the Security under this
Agreement.

(3) A failure to provide the renewal of the Security is deemed to be a default under
this Agreement. Upon default, the City may, without any notice to the Developer,
cash in or realize upon the Security.

PART 19 - INSURANCE

19.01 During the term of this Agreement, the Developer shall, at its own expense, maintain

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with insurers allowed by the laws of the province of Alberta to issue insurance policies in
Alberta, and in forms satisfactory to the City, the following insurance policies;

(1) Commercial General Liability (CGL) insurance policy for bodily injury (including
death) and property damage in an amount not less than Five Million Dollars
($5,000,000.00) inclusive limit for any one occurrence and shall include:

(a) the City as an Additional Insured;

(b) a cross liability and severability of interests clause;

(c) blanket contractual liability coverage;

(d) products and completed operations coverage; and

(e) non-owned automobile liability.

(2) An automobile third party liability insurance policy (Owner’s form) for bodily injury
(including death) and property damage in an amount of not less than Two Million
Dollars ($2,000,000.00) inclusive limit for any one occurrence insuring each and
every automobile used in the performance of this Agreement, and such
insurance policy shall include specific clauses or coverage as may be required by
the City Solicitor. If automobiles are not used in connection with this Agreement,
the requirement for automobile third party liability insurance may be waived if
requested by the Developer in writing, and at the sole discretion of the City.

(3) Any other insurance in amounts that a prudent developer acting reasonably
would deem appropriate given the scope of work, with associated risks, to be
carried out under this Agreement.

19.02 During the term of any construction done in connection with or in any way related to this
Agreement (and until work is completed and accepted by the City), the Developer shall
ensure that any contractor hired by it maintains a commercial general liability insurance
policy for bodily injury (including death) and property damage in an amount of not less
than FIVE MILLION DOLLARS ($5,000,000.00) inclusive limit for any one occurrence,
including products and completed operations coverage, contractual liability coverage,
and a cross liability clause naming the City as an Additional Insured.

19.03 The insurance policies mentioned within this Part shall include provision for the City to
be given thirty (30) days written notice prior to cancellation or material change of said
policies of insurance. The Developer shall immediately advise the City should said
policies of insurance lapse or otherwise be discontinued.

19.04 If more than one entity constitutes the Developer, only one of the Developers is required
to have the insurance policies set out in this Agreement, but the other Developers that
are parties to this Agreement must be named insureds to such policies.

19.05 Prior to commencing any work or operation under this Agreement, the Developer shall
provide a certificate of insurance indicating compliance with the insurance requirements
listed above to the Managing Director, Calgary Approvals Coordination, and furnish
documentary evidence satisfactory to the Managing Director, Calgary Approvals

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Coordination of the renewal or continuance of such insurance during the life of this
Agreement within ten (10) business days of any expiry date(s) thereof.

19.06 If the Developer fails to provide the City with any of the documents mentioned in this
Part, or otherwise failing to prove to the City the existence of any required insurance, the
City may, at its option, purchase on behalf and at the expense of the Developer the
required insurance coverage.

19.07 Nothing contained in this Part or in any policy of insurance required or provided under
this Agreement shall in any way whatsoever limit the liability of the Developer under this
Agreement or otherwise howsoever.

19.08 The Developer shall be responsible for the payments of every deductible amount
provided in any policy of insurance furnished pursuant to this Agreement.

19.09 The City may require the Developer to increase the insurance otherwise required under
this Agreement. The Developer shall make any changes to the insurance as may be
required by the City within thirty (30) days of being notified. The City shall act reasonably
in requesting any change to the form or amount of insurance required.

PART 20 - INDEMNIFICATION

20.01 From the commencement of any activity, work or construction undertaken in connection
with or contemplated by this Agreement:

(1) regardless of whether or not the activity, work or construction is:

(a) commenced prior to the execution of this Agreement;

(b) along the boundaries of, within or outside the Development Area; or

(c) commenced prior to the execution of a Special Clauses Agreement by the

City and Developer with respect to the land upon which the activity, work
or construction is occurring;

(2) the Developer shall indemnify, defend and hold harmless the City, and all of its
respective officials, officers, employees and authorized representatives from and
against any and all suits, actions, payments, legal or administrative proceedings,
claims, demands, damages, liabilities, losses, interest, legal fees, costs and
expenses sustained by the City of every nature and description, whether arising
before or after the completion of any activity, work, maintenance or construction
and in any manner directly or indirectly caused, occasioned or contributed to in
whole or in part, by reason of any act, error, omission or fault whether active or
passive of the Developer, its employees, contractors, sub-contractors, engineers,
agents or anyone acting under the Developer’s direction or control or on its
behalf in connection with or incidental to the Work, including the maintenance
thereof.

20.02 If any land owned by the City, including rights of way, are subject to any charge or claim
arising from or related to the Work, the Developer agrees to immediately commence and
pursue legal action to remove such charge.

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20.03 The obligation of the Developer to indemnify the City will apply to all matters arising from
or related to the Work excepting a bona fide action by the Developer against the City or
an action arising from the negligence or misconduct of the City, its officials, officers,
employees or authorized representatives.

PART 21 - RECOVERY OF COSTS, BOUNDARY ROADS, LANES AND SCHOOL LANDS

A. GENERAL

21.01 When the Developer is required to install Infrastructure in Boundary Roads and Lanes, it
is agreed that:

(1) if subdivision or development of the adjoining property to such Boundary Roads

and Lanes takes place within two (2) years from the date of the
acknowledgement of each Construction Completion Certificate for Boundary
Roads and Lanes:

(a) the Developer of Record shall be entitled to recover a portion of the costs
(exclusive of Oversize) from the owner of adjoining property for the
sidewalks, curbs and gutters, catch basins and leads, street lighting,
paved roads and paved or gravelled lanes that are installed or
constructed in the Boundary Roads and Lanes as outlined in
paragraph 21.01(3); and

(b) the amount of the recovery by the Developer of Record shall be

computed using the Unit Rate Schedule or using the Unit Rates in effect
in the year of recovery, whichever is the lesser.

(2) If no subdivision or development of the adjoining property takes place within two
(2) calendar years from the date of the acknowledgement of each Construction
Completion Certificate:

(a) the City shall pay to the Developer of Record a portion of the costs
(exclusive of Oversize) of the sidewalks, curbs and gutters, catch basins
and leads, street lighting, paved roads and paved and/or gravelled lanes
constructed in the Boundary Roads and Lanes as outlined in
paragraph 21.01(3); and

(b) the amount of the payment to be made by the City to the Developer of
Record shall be computed using the Unit Rate Schedule or the Unit Rates
in effect two (2) years from the year of this Agreement, whichever is the
lesser.

(3) (a) The Developer understands that any developer of the property
immediately adjacent to a Boundary Road, by way of subsequent
Development Agreement, shall be required to repay to the City the
Boundary Costs paid by the City whether the surface improvements are
used or not.

(b) In the event that the Actual Cost to the City of the design and construction
of the Boundary Roads and Lanes exceeds the Unit Rates in effect at the

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time the adjacent land is developed, the current Unit Rates will be used to
calculate the cost recovery payable to the City.

(c) If payment of the Boundary Costs referred to herein is delayed by the City
beyond the two (2) year period, the amount of the payment to be made by
the City to the Developer of Record shall be computed using the Unit
Rate Schedule or using the Unit Rates in effect at the time the payment is
made by the City, whichever amount is the lesser.

(d) If the Developer fails to invoice the City for the Boundary Costs
immediately when due, the amount of the payment to be made by the City
to the Developer of Record shall be computed using the Unit Rate
Schedule or using the Unit Rates in effect two (2) years from the year of
this Agreement, whichever amount is the lesser.

(4) Notwithstanding anything contained in this Agreement to the contrary, the

Developer shall not be entitled to a Boundary Cost payment from the City in
those cases where the surface improvements are constructed adjacent to land
that is not developable at the time of this Agreement, in the opinion of the
Managing Director, Calgary Approvals Coordination, such as parks, Provincial
parks, reserve parcels, railway rights-of-way, AltaLink corridors, lands outside the
City limits, service roads, or roads that are a Major Road / Arterial Standard.

B. ENDEAVOURS TO ASSIST IN COST RECOVERY

21.02 (1) (a) The City shall endeavour to assist the Developer in the recovery of a
portion of the costs incurred by it (being the proportionate share of costs
based on length of frontage along Boundary Roads and Lanes, exclusive
of Oversize) relating to any sanitary sewer, storm sewer, water main and
hydrant installations in the Boundary Roads and Lanes, and extensions of
these utilities to and from adjacent areas from the developer of the
adjoining property prior to the execution of the Master Development
Agreement and Special Clauses Agreement by the developer(s) for the
said adjoining property, provided that such underground utility will be
utilized by the developer of the adjoining property.

(b) The endeavour to assist with costs payable in accordance with

subparagraph (a) will be calculated using the Unit Rates in effect in the
year of the recovery (“Year of Recovery”). For the purposes of this
subparagraph (b), the Year of Recovery shall be deemed to be the year
of the Master Development Agreement executed by the developer of the
adjoining property.

(2) Subject to subparagraph (3) the Developer is only entitled to recover the
endeavours to assist payable herein within twenty (20) years from the date of this
Agreement. Upon expiry of the endeavour to assist period, which for greater
certainty is twenty (20) years from the date of this Agreement, the Developer
thereafter shall make no demand or file any action or claim against the City for
the payment thereof.

(3) The City shall not endeavour to assist the Developer in the recovery of costs in

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accordance with this Agreement if the Developer ceases or appears to have

ceased operations in the reasonable opinion of the City.

(4) It is understood and agreed that if the parties with respect to endeavours to
assist or Boundary Cost recoveries cannot agree on the costs payable to the
Developer, all parties acting reasonably and in good faith, then any party may
request that the City mediate the dispute and the decision of the Managing
Director, Calgary Approvals Coordination, acting reasonably, resulting from the
mediation of a dispute shall be final and binding amongst the disputing parties.

(5) The City may recover from the disputing parties the direct costs it incurs to
resolve any dispute under subparagraph (4), for which the disputing parties shall
be jointly and severally liable.

(6) Nothing in this Agreement requires the City to endeavour to assist the Developer
in the recovery of costs that the City or the Developer is prevented by law from
recovering.

C. SCHOOL SITES

21.03 (1) If the School Boards are able to indicate School Site servicing requirements prior
to the approval of the Construction Drawings, the Developer shall:

(a) provide underground utilities, at no cost to the City or the School Boards,
in the line assignment approved by the City in a street or lane
immediately adjoining the School Site;

(b) provide sanitary sewer, storm sewer and water service connections from
the mains in the adjacent street or lane to the property line of the School
Site, and the Developer shall be entitled to recover the full cost thereof
from the School Board at the Developer’s tendered contract prices when
the work has been certified as complete; and

(c) provide pre-servicing of the School Site with the electrical conduits
required for the provision of three phase electrical power to the School
Site, and the Developer of Record shall be entitled to recover from the
School Board the full cost of the installation of the said electrical conduits.

(2) If the School Boards are unable to indicate School Site servicing requirements
prior to the approval of the Construction Drawings, the School Boards, in addition
to the cost of the service connections, shall pay the full cost of all the sanitary
sewer, storm sewer and water main extensions that may be required to service
the School Site.

21.04 After the work referred to in paragraph 21.03(1) has been certified by the City as
complete, the Developer of Record shall submit calculations to the Managing Director,
Calgary Approvals Coordination for approval for the costs of the service connections,
main extensions and electrical conduits referred to therein. Following approval of the
calculations by the Managing Director, Calgary Approvals Coordination, the Developer of
Record may submit an invoice to the School Board concerned for repayment. The
Developer shall make its own arrangements directly with the School Board concerned

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for repayment.

PART 22 - CONSTRUCTION COMPLETION CERTIFICATES

A. CONSTRUCTION COMPLETION

22.01 The following items shall be considered “complete” or “completed” when all written
instructions or directions given to the Developer of Record by the Managing Director,
Calgary Approvals Coordination have been resolved to the satisfaction of the Managing
Director, Calgary Approvals Coordination, the following items have been constructed in
accordance with the Construction Drawings and the following conditions have been met:

(1) Sanitary Sewers and Storm Sewers

(a) All pipes are of the size and laid to the grades as approved on the
Construction Drawings, all manholes are completed with properly formed
inverts, are undamaged and are free from obstructions and foreign matter
such as rocks, silt, and gravel.

(b) The manhole rims and covers shall be finished to the approved design
grade of the lane or road in which they are installed.

(2) Storm Water Pond

(3) Facilities

(a) All piping, subdrainage system and associated pond structures, including
but not limited to inlets/outlets, control structures, and catch basins, have
been laid to approved grades and are free of accumulated sediment and
gravel and other obstructions such as rocks, construction material, and
leaves.

(b) Final grading and pond design volume requirements have been
constructed to approved grades, including but not limited to side slopes,
bottom slopes and spillway elevation and must not show signs of erosion
or areas of standing water (dry ponds).

(c) Vegetation must be installed and approved by the City’s Parks Business
Unit, including but not limited to seeding, sodding, plants and trees, and
the irrigation must be approved by the Director, Parks;

(d) Monitoring equipment and other specialized structures, including but not
limited to automatic gates, have been installed and are operating as per
approved drawings, unless the time period for installation and operation
has been extended by the City’s Water Resources Business Unit, and
operating manuals have been supplied as requested.

(e) Where required, all water quality monitoring requirements have been
established with the Water Quality Group within the City’s Water
Resources Business Unit.

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(f) As-built Drawings for items (a) and (b) above have been submitted to and
approved by the City’s Water Resources Business Unit.

(g) The storm water reuse system shall be listed and administered on a
separate Construction Completion Certificate.

(4) Water Mains and Hydrants

(a) The water mains have been installed to the approved grades, tested,
inspected, backfilled and sterilized to the satisfaction of the Managing
Director, Calgary Approvals Coordination, and are ready for the supply of
water to the public.

(b) All the main and service connection valves and curb boxes, fire hydrants,
pressure reducing valve chambers and other appurtenances are operable
and undamaged and at elevations which are satisfactory to the Managing
Director, Calgary Approvals Coordination.

(5) Sewer and Water Service Connections

(a) The sewer and water service connections have been installed to the
approved grades, tested, cleaned, inspected and backfilled and all
appurtenances are operable and undamaged, all to the satisfaction of the
Managing Director, Calgary Approvals Coordination.

(b) The water mains and hydrants are deemed to be complete.

(6) Sidewalks, Curbs, Gutters and Catch Basins

(a) All sidewalks, curbs, gutters, concrete pedestrian bus stop aprons, catch
basins, hard surfaced medians, traffic islands and Boulevards shall be
fully constructed to the approved design grade and free of damage,
except:

(i) at lane crossings and easements/rights of way wherein utilities are

to be installed; however, not included as exceptions are
underground wiring, service connections and sidewalks on fill; and

(ii) where the installation of the electric power, gas, telephone and
cable utilities has caused the omission of construction of portions
of the sidewalks, where the total length of the omitted sections do
not exceed fifteen percent (15%) of the total length of the
sidewalks being constructed.

(b) All work shall be free from conditions deemed to be hazardous by the
Managing Director, Calgary Approvals Coordination.

(c) Those portions omitted shall be completed within one (1) year from the
acknowledgement of the Construction Completion Certificate for adjacent
sidewalks, curbs and gutters, which shall be a condition of the
acknowledgement of the Construction Completion Certificate.

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(d) Should the omitted items not be completed within one (1) year from the
date of the acknowledgement of the Construction Completion Certificate,
then the maintenance period for the entire piece of Infrastructure shall be
extended one (1) year from the date of the completion of the omitted
items.

(7) Paved Roads, Paved Lanes and Paved Walkways

(a) All catch basin leads, manhole frames and covers, water main valves,
hydrant valves and valve operating mechanisms shall have been
completed in the paved roads, paved lanes and paved walkways, prior to
the acknowledgement of the Construction Completion Certificate for
paved roads, paved lanes and paved walkways.

(b) The paved road, paved lane and paved walkway surfaces shall be
constructed except where:

(i) the installation of the electric power, gas, telephone and cable
utilities has caused the omission of construction of portions of the
asphalt surface but the gravel base is in place, and in any event
the total length of the omitted sections shall not exceed fifteen
percent (15%) of the total length of the paved roads, paved lanes
and paved walkways being constructed; or

(ii) when the Managing Director, Calgary Approvals Coordination

deems it necessary to construct portions of any paved walkways
at a later date to facilitate the landscaping with adjoining lots.

(c) The construction of the said omitted sections of asphalt surface shall be
constructed within one (1) year from the acknowledgement of the
Construction Completion Certificate for the adjacent paved roads, paved
lanes and paved walkways.

(d) Should the omitted sections not be completed within one (1) year of the
date from the acknowledgement of the Construction Completion
Certificate, the maintenance period shall be extended one (1) year from
the date of the completion of the omitted sections.

(e) (i) Notwithstanding the foregoing, the placement of the final top lift
asphalt may be omitted upon approval being given by the
Managing Director, Calgary Approvals Coordination.

(ii) The omitted final top lift asphalt must be placed at least thirty (30)
days prior to the City issuing the Final Acceptance Certificate for
paved roads, paved lanes and paved walkways as required under
PART 24 (Final Acceptance Certificates) herein.

(iii) In addition, the final top lift asphalt shall also be subject to the
requirements under PART 18 (Security) and PART 23
(Maintenance) herein.

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(8) Gravelled Lanes

(a) A Construction Completion Certificate will be issued for gravelled lanes

after the first spring thaw, being that time period between March 1st and
June 1st inclusive of the previous year, if the Construction Completion
Certificates for all the underground utilities have been issued prior to the
commencement of the first spring thaw.

(b) The lanes shall be graded and gravelled to proper grade and cross-
sectioned and backsloped in accordance with the Roads Standards and
Specifications.

(c) All underground distribution facilities (electric power, gas, telephone and
cable) in the lanes have been installed as required by the subdivision or
development permit approval.

(9) Surface Drainage Facilities – When all Surface Drainage Facilities have been
constructed to the satisfaction of the Managing Director, Calgary Approvals
Coordination.

(10) Sound Attenuation Fencing – When all of the work identified on the Construction
Drawings has been constructed and completed to the satisfaction of the
Managing Director, Calgary Approvals Coordination.

(11) Fence

(a) A Construction Completion Certificate is required if a fence is constructed

pursuant to PART 11 (Fencing) herein on City owned property.

(b) The design, specifications and maintenance period of the said fence must
first be approved by the Managing Director, Calgary Approvals
Coordination before commencing construction of the fence.

(12) Landscaping for Reserve Parcels, Public Utility Lots, soft landscaping of
medians, boulevards, traffic islands and underground irrigation

(a) All underground irrigation and water services, water meter boxes, and
water meters required for:

(i) Sub-neighbourhood Parks;

(ii) Linear Parks;

(iii) those portions of the Neighbourhood Park, Community Park, and

District Parks which are designated as decorative parks,
ornamental parks and tot lots; and

(iv) only water services for reserve parcels other than environmental
reserves have been installed, tested and inspected;

(b) the “as constructed” drawings for the parcels described in

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subparagraph (a) are in compliance with the City’s Community Services

and Protective Services Business Unit’s requirements, showing the actual
location of the underground irrigation as installed by the Developer;

(c) the “as constructed” drawings referred to in subparagraph (b) have been
submitted to and approved by the Director, Parks; and

(d) the Sub-neighbourhood Parks, Linear Parks, decorative parks,

ornamental parks, tot lots and public utility lots and the soft landscaping of
the medians, Boulevards and traffic islands have been graded, loamed,
and seeded, the trees have been planted and, if applicable, the paved
reserve pathways have been constructed in accordance with the Park
Specifications.

(e) The following landscaping components shall be listed and administered

on separate Construction Completion Certificates in accordance with the
following groupings:

(i) all reserve parcels (Sub-neighbourhood Parks, Linear Parks and

those portions of the Neighbourhood Park, Community Park, and
District Parks designated as decorative parks, ornamental parks
and tot lots) public utility lots and rights-of-way;

(ii) all medians, Boulevards and traffic islands;

(iii) all Environmental Reserves; and

(iv) all Storm Water Pond Facilities.

(13) Optional Subdivision Amenities – All Optional Subdivision Amenities have been
constructed, inspected and approved by the Managing Director, Calgary
Approvals Coordination.

(14) Street Lighting, Walkway Lighting, Reserve Pathway Lighting – All street lighting,
walkway lighting and reserve pathway lighting that is installed within the
Development Area through the Developer’s private arrangement and
independently of the City is fully constructed in accordance with City
Specifications, the approved design and construction standards and drawings,
and free of damage.

B. PROCEDURE FOR OBTAINING CONSTRUCTION COMPLETION CERTIFICATES

22.02 (1) Upon completion of the Infrastructure, or portion thereof, excluding Optional
Subdivision Amenities and landscaping of reserve parcels, public utility lots and
underground irrigation, the Consulting Engineer shall arrange a joint inspection(s)
with the appropriate City business unit to determine whether or not the
Infrastructure, or portion thereof, is acceptable to the City.

(2) If the infrastructure or portion thereof is acceptable to the City, the Consulting
Engineer or Landscape Architect, and the City shall execute a Joint Inspection
Certificate, which shall include any outstanding deficiencies.

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22.03 The Consulting Engineer shall cause to be prepared and issued, four (4) copies of a
Construction Completion Certificate for the Infrastructure completed, duly signed, sealed
and certified by the signing officer of the Consulting Engineer for each utility and
improvement completed or by the Landscape Architect for landscaping of reserve
parcels, public utility lots, soft landscaping of medians, traffic islands and Boulevards,
and underground irrigation, including the projected earliest maintenance expiry date.

22.04 Where applicable, the Developer shall submit a separate certificate duly signed, and
sealed, by a Professional Engineer registered in the Province of Alberta who is a
member in good standing of the Association of Professional Engineers and
Geoscientists of Alberta certifying that all the backfilling operations, carried out by the
Developer, have been carried out in accordance with the backfilling specifications and
Parks Specifications of the City.

22.05 In addition to all other requirements contained herein, prior to the acknowledgement of
the Construction Completion Certificate for water mains and hydrants, the Developer
shall obtain from the Director, Water Resources, certification of the pressure testing,
chlorination and water sampling of the said water mains.

22.06 The Developer, within thirty (30) days of the acknowledgement of each Construction
Completion Certificate shall forward to the Managing Director, Calgary Approvals
Coordination:

(1) four (4) copies of the said Construction Completion Certificate for
acknowledgement of receipt;

(2) four (4) copies of the Joint Inspection Certificate;

(3) four (4) copies of the compaction testing report; and

(4) four (4) copies of an 8 ½ inch by 11 inch map indicating that the Infrastructure
has been completed.

22.07 Within thirty (30) days of receipt of each Construction Completion Certificate, the City
shall acknowledge the receipt of or reject the Construction Completion Certificate,
whichever the case may be.

22.08 Notwithstanding paragraph 22.07 or anything to the contrary herein, upon receipt of a
Construction Completion Certificate for sidewalks, curbs, gutters, concrete pedestrian
bus stop aprons and catch basins or for paved roads, paved lanes and paved walkways,
which may include omissions as specifically authorized by this Agreement, the City shall
within thirty (30) days acknowledge receipt of the said Construction Completion
Certificate.

22.09 (1) Notwithstanding paragraphs 22.07, 22.08 or anything to the contrary contained
herein, the Managing Director, Calgary Approvals Coordination may withhold
acknowledgement of receipt of the said Construction Completion Certificate and
return it to the Consulting Engineer if in his or her opinion the Infrastructure, or
portion thereof, is not complete.

(2) The Developer shall correct the defects or deficiencies and subsequently

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resubmit the said Construction Completion Certificate with a revised projected

earliest maintenance period expiry date.

22.10 (1) The Developer, upon acknowledgement of the Construction Completion

Certificate for water mains and hydrants shall cause to be issued to the City’s
Fire Department a letter and plan certifying the completed and operable hydrants
constructed and located within the area covered by the water mains and hydrants
Construction Completion Certificate.

(2) The letter and plans shall be sent to:

Strategic Services Division Attention: Assistant Fire Marshall

City of Calgary Fire Department
4124 – 11 Street SE
Calgary AB T2G 3H3

and

Strategic Services Division Attention: Response Mapping

City of Calgary Fire Department
4124 – 11 Street SE
Calgary AB T2G 3H3

22.11 The Construction Completion Certificate may be issued if sanitary sewer, storm sewer,
and water service connections are not completed to church sites, School Sites and
commercial areas where the final layout is unknown.

22.12 (1) The Developer shall complete all outstanding deficiencies noted on the Joint
Inspection Certificate within the time frames specified on the Joint Inspection
Certificate.

(2) If the Construction Completion Certificates have been issued and any
outstanding deficiencies have not been corrected within the time frames specified
on the Joint Inspection Certificate, the Managing Director, Calgary Approvals
Coordination may, in his or her sole discretion, either reject the Construction
Completion Certificate or extend the maintenance period for the length of time
calculated from the first identification of the deficiencies until the deficiencies are
corrected to the satisfaction of the appropriate City Business Unit and the
Managing Director, Calgary Approvals Coordination.

C. PROCEDURES – PARKS

22.13 Notwithstanding paragraphs 22.02 through 22.12 inclusive, the following procedures
shall apply to the Construction Completion Certificates for Optional Subdivision
Amenities and landscaping of reserve parcels, public utility lots and underground
irrigation:

(1) The Landscape Architect or Consulting Engineer, upon completion of the

landscaping requirements contained in paragraph 22.02 and as required by the
Managing Director, Calgary Approvals Coordination, shall arrange a joint
inspection(s) with the City’s Parks Business Unit to determine whether or not

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landscaping is acceptable to the City;

(2) If the landscaping is acceptable to the City, the Landscape Architect or

Consulting Engineer and the City shall execute a Joint Inspection Certificate,
which shall include any outstanding deficiencies;

(3) The Developer shall submit to the Managing Director, Calgary Approvals
Coordination:

(a) four (4) copies of the Construction Completion Certificate for

acknowledgement of receipt;

(b) four (4) copies of the Joint Inspection Certificate; and

(c) four (4) copies of an 8 ½ inch by 11 inch map indicating that the
Infrastructure has been completed;

(4) Where applicable, the Developer shall submit a separate certificate duly signed,
and sealed by a Professional Engineer registered in the Province of Alberta who
is a member in good standing of the Association of Professional Engineers and
Geoscientists of Alberta certifying that all the backfilling operations carried out by
the Developer, have been carried out in accordance with the backfilling
specifications and Parks Specifications of the City;

(5) Upon receipt of the Construction Completion Certificates and Joint Inspection
Certificates, the Managing Director, Calgary Approvals Coordination shall sign
the Construction Completion Certificate and shall indicate thereon the projected
earliest maintenance period expiry date.

(6) If the Construction Completion Certificate(s) have been issued and any
outstanding deficiencies have not been corrected within the time frames specified
on the Joint Inspection Certificate, the Managing Director, Calgary Approvals
Coordination may, in his or her sole discretion, either reject the Construction
Completion Certificate(s)or extend the maintenance period for the length of time
calculated from the first identification of the deficiencies until the deficiencies are
corrected to the satisfaction of the Parks Business Unit and the Managing
Director, Calgary Approvals Coordination.

PART 23 - MAINTENANCE

A. GENERAL

23.01 (1) After the acknowledgement of each Construction Completion Certificate, the
Developer shall be responsible for any and all repairs, cleaning and
replacements to the Infrastructure that may, in the Managing Director, Calgary
Approvals Coordination’s sole opinion, become necessary from any cause
whatsoever, up until the acknowledgment of the Final Acceptance Certificate.

(2) Notwithstanding subparagraph (1), the Developer shall be responsible for any
and all repairs and replacements necessitated by builder damage to sidewalks,
curbs and gutters after the acknowledgement of the Final Acceptance Certificate

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as outlined in paragraph 18.07.

23.02 (1) If during the construction and maintenance period any defects become apparent
in any portion of the Infrastructure installed or constructed under this Agreement
and the Managing Director, Calgary Approvals Coordination requires repairs or
replacements to be done, the Developer, within thirty (30) days after the delivery
of notice in writing to the Developer, or within such other time as is agreed to or
specified by the Managing Director, Calgary Approvals Coordination acting
reasonably, shall cause such repairs or replacements to be done.

(2) If, in the sole opinion of the Managing Director, Calgary Approvals Coordination,
any emergency arises, the City may carry out the repairs or replacement and the
Developer shall reimburse the City for the full cost of such repairs or
replacements, failing which the City may recover full cost of such repairs or
replacement in the manner provided in paragraph 25.01.

23.03 The Developer shall be responsible for the maintenance of all Infrastructure installed and
constructed by it, which maintenance includes, but is not limited to:

(1) remedying the failure of or damage to underground utilities resulting from

defective materials, or improper installation;

(2) settlement of ditches;

(3) grading;

(4) gravelling;

(5) street sweeping must occur when required, and at a minimum of every seven
days, in areas that are impacted by offsite tracking of mud and debris;

(6) repairs to cleaning, and/or replacement of road and lane surfaces including any
access roads specified herein, sidewalks, curbs and gutters, bridges, culverts,
Surface Drainage Facilities, catch basins and catch basin leads;

(7) adjustment and repairs to watermains, main valves, water hydrants, hydrant
valves, pressure reducing valve chambers, water service connections and valves
and valve operating mechanisms including the casings enclosing these
mechanisms;

(8) repairs, replacements and adjustments to sewer mains, sewer service

connections, manholes, manhole frames and covers, repairs or replacement of
trees, landscaping and underground irrigation;

(9) street lighting, walkway lighting and reserve pathway lighting that is installed
within the Development Area through the Developer’s private arrangement and
independently of the City; and

(10) such other repairs as may be required by and to the satisfaction of the Managing
Director, Calgary Approvals Coordination.

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23.04 (1) The Developer agrees that maintenance is a continuous operation and obligation
that must be carried on until the date of acknowledgement of the Final
Acceptance Certificate for each portion of the Infrastructure.

(2) The City shall not release the Developer from liability of any kind until all repairs
or replacements required by the Managing Director, Calgary Approvals
Coordination as noted in the City’s Final Inspection Reports have been made.

(3) The City will only provide snow and ice removal for road and paved lanes where
a Construction Completion Certificate has been issued, the road or lane is paved,
all signage and lights have been installed, and the road or lane is open to the
public.

B. SANITARY SEWER, STORM SEWER AND STORM WATER POND FACILITIES

MAINTENANCE

23.05 (1) (a) The City, from the date of the Construction Completion Certificate, will
flush and clean out the sanitary and storm sewers as required in ordinary
maintenance procedures.

(b) The cost of removing obstructions caused by gravel, rocks or silt which is
other than that deposited from sewage, may be charged to the Developer.

(2) Until the respective Final Acceptance Certificate is issued for each portion of the
Infrastructure, the Developer shall be responsible for:

(a) inspecting and maintaining on a regular basis, all piping, subdrainage and
associated structures (inlets/outlets, control structures, catch basins, etc.)
and shall keep them free from operational problems (which includes but is
not limited to accumulated sediment and gravel and other obstructions
such as rocks and leaves, that can impact operations and function);

(b) ensuring all monitoring equipment is and remains operational including

any repairs or maintenance that may be required;

(c) maintaining and repairing all grading as required;

(d) maintaining and/or replacing all vegetation as required; and

(e) submitting water quality monitoring reports to the City’s Water Resources
Business Unit as required.

C. WATER HYDRANTS, MAIN AND SERVICE VALVE BOXES

23.06 The Developer shall be responsible for adjusting all hydrants, hydrant and main valve
boxes and all service valve boxes to the established grades as they are developed, and
maintaining the valves and appurtenances in operating condition until such time as the
City assumes the responsibility for the maintenance of streets and lanes as provided in
this Agreement.

D. MAINTENANCE PERIODS

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23.07 The Developer, at its sole cost and expense, shall maintain the following Infrastructure
for the following minimum time periods following the acknowledgement of the relevant
Construction Completion Certificate, or until the acknowledgement of the relevant Final
Acceptance Certificate, whichever is later:

(1) Sanitary Sewers: one (1) year;

(2) Storm Sewers: one (1) year;

(3) Storm Water Pond Facilities: subject to subsection (h), three (3) years:

(a) All piping, subdrainage systems and associated pond structures

(inlets/outlets, control structures, catch basins, etc.) shall be free of
accumulated sediment and gravel and other obstructions such as rocks
and leaves;

(b) Storm Water Ponds – The Developer shall remove all accumulated
sediment and gravel such that the original contours/grades (pond bottom)
are met;

(c) Wetlands – The Developer, in the sole discretion of the City, shall either
clean the pond (including the removal of accumulated sediment and
gravel such that the original contours/grades (pond bottom) are met) or
shall deposit the sum of Fifty Thousand Dollars ($50,000.00) with the City
for future cleaning;

(d) All pond staging must be completed (a Final Acceptance Certificate will
not be issued for an individual stage of a pond);

(e) Vegetation and landscaping (grass, trees, plants, etc.) must be

established and approved by the City’s Water Resources and Parks
Business Units. Irrigation systems must be approved by the City’s Parks
Business Unit;

(f) Where required, water quality monitoring requirements must be met; and

(g) Where an extension has been granted by the City’s Water Resources
Business Unit, monitoring equipment and other specialized structures
have been installed and operating properly for a minimum of one
summer.

(h) Stormwater reuse system – The maintenance period will be as directed

by the Managing Director, Calgary Approvals Coordination. The storm
water reuse system must be approved by the City’s Water Resources
Business Unit.

(4) Water Mains & Hydrants: One (1) Year;

(5) Sewer & Water Service Connections: One (1) Year;

(6) Sidewalks, Curbs and Gutters, Concrete Pedestrian Bus Stop Aprons and Catch

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Basins: Two (2) Winter Seasons, provided that:

(a) Final Acceptance Certificates for all the underground utilities have been
issued;

(b) in addition, the Developer shall be responsible for any and all repairs and
replacements necessitated by builder damage to sidewalks, curbs and
gutters after the acknowledgement of the Final Acceptance Certificate as
outlined in paragraphs 18.07 and 23.01.

(7) Paved Roads, Paved Lanes and Paved Walkways, including but not limited to
manhole frames and covers, water main and hydrant valves and valve operating
mechanisms, cathodic protection test points, water service connection valves
and valve operating mechanisms, and catch basin leads installed in paved road,
paved lanes or paved walkways: Two (2) Winter Seasons, provided that:

(a) the underground utilities have in the opinion of the Managing Director,
Calgary Approvals Coordination been installed and compacted in other
than winter conditions;

(b) if installed in winter conditions, the backfilling has been properly

compacted with granular material; or

(c) Final Acceptance Certificates for all underground utilities have been
issued.

(8) (a) Gravelled Lanes, including but not limited to manhole frames and covers,
water main and hydrant valves and valve operating mechanisms,
cathodic protection test points, water service connection valves and valve
operating mechanisms installed in these lanes: One (1) year;

(b) If the Developer fails to obtain the Final Acceptance Certificate for
gravelled lanes prior to the onset of the second Winter Season for the
installation of the Infrastructure located underground, the Developer shall
reshape the lanes to design grades and slopes, gravel where considered
necessary by the Managing Director, Calgary Approvals Coordination,
repair and adjust manholes, hydrants and all valves, cathodic protection
test points, catch basins and catch basin leads provided that:

(i) at least seventy five percent (75%) of the lots in the Development
Area that are lane serviced all have the underground house
services installed by the Developer, natural gas provider,
telephone and cable services providers; and

(ii) no single lane has less than fifty percent (50%) of the house
services installed.

(9) Surface Drainage Facilities, which shall include all overland drainage control
facilities except concrete swales: One (1) year.

(10) Sound Attenuation Fence:

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(a) if the sound attenuation fence is constructed in accordance with the

Roads Standards and Specifications: two (2) years; or

(b) if the sound attenuation fence is constructed to a specification other than

the Roads Standards and Specifications, then:

(i) the fence design and specification must be approved by the

Managing Director, Calgary Approvals Coordination prior to the
construction of the sound attenuation fence; and

(ii) the Managing Director, Calgary Approvals Coordination shall

establish the maintenance period for the sound attenuation fence
in his or her sole discretion.

(11) Screening Fence:

(a) if the screening fence is constructed in accordance with the Roads

Standards and Specifications: two (2) years; or

(b) if the screening fence is constructed to a specification other than the

Roads Standards and Specifications, then:

(i) the fence design and specification must be approved by the

Managing Director, Calgary Approvals Coordination prior to the
construction of the screening fence; and

(ii) the Managing Director, Calgary Approvals Coordination shall

establish the maintenance period for the screening fence in his or
her sole discretion.

(12) Landscaping for reserve parcels, public utility lots, soft landscaping of medians,
Boulevards, traffic islands and underground irrigation: One (1) Growing Season,
provided that:

(a) all Sub-neighbourhood Parks, Linear Parks and those portions of the
Neighbourhood Park, Community Park, and District Parks designated as
decorative parks, ornamental parks, tot lots, and public utility lots shall
have been graded, loamed and seeded in accordance with Park
Specifications;

(b) there is a satisfactory catch of grass in the opinion of the Director, Parks;

(c) if applicable, the paved reserve pathway has been constructed; and

(d) all other reserve parcels have been graded and loamed and the
construction of all the necessary underground irrigation and fencing
required under this Agreement have been completed to the satisfaction of
the Director, Parks.

(13) Optional Subdivision Amenities shall be maintained in accordance with the time
period to be determined by the Managing Director, Calgary Approvals

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Coordination in the Special Clauses Agreement or as otherwise agreed to in

writing between the Parties;

(14) Street lighting, walkway lighting and reserve pathway lighting that is installed
within the Development Area through the Developer’s private arrangement and
independently of the City, the Developer shall maintain all components of the
street lighting, walkway lighting and reserve pathway lighting for two (2) years;

(15) (a) Final top lift asphalt on paved roads, prior to the placement of which the
Developer shall obtain the approval of the Managing Director, Calgary
Approvals Coordination, placed on any:

(i) Major Road / Arterial Standard at any time, in addition to the

Security requirements contained herein: two (2) years; or

(ii) road, other than a Major Road / Arterial Standard, after September
15 in any year, in addition to the Security requirements contained
herein: one (1) year.

(b) The maintenance obligation pertaining to final top lift asphalt is limited to
installation work and performance of materials, excluding third party
damage or settlements.

PART 24 - FINAL ACCEPTANCE CERTIFICATES

24.01 (1) (a) Not less than 3 months prior to the earliest maintenance expiry date as
specified in the relevant Construction Completion Certificates for the
Infrastructure or portion thereof noted in paragraphs 23.07(1), (2), (3), (4),
(5), (8), (9), (10), (11) and (14), the Consulting Engineer, Contractor and
the City, and for the infrastructure or portion thereof noted in
paragraph 23.07(12), the landscape architect and the City, shall inspect
the Infrastructure or portion thereof and the Consulting Engineer shall
ensure that the Contractor corrects all damage, defects and deficiencies
howsoever caused, except that caused by the negligence of the City or its
agents, employees or servants in the performance of their duties on
behalf of the City.

(b) Subsequent to the correction of the said damage, defects and

deficiencies, the Consulting Engineer and the City, or landscape architect
and the City, as the case may be, shall execute a Joint Inspection
Certificate.

(c) Following the execution of the Joint Inspection Certificate referred to in

subsection (b), the Consulting Engineer, or the landscape architect, as
the case may be, shall submit to the City for the Infrastructure or portion
thereof, four (4) copies of the Final Acceptance Certificate, duly signed
and sealed by a signing officer of the Consulting Engineer or the
landscape architect, as the case may be, together with the Joint
Inspection Certificate.

(2) (a) Notwithstanding paragraph 24.01(1), following the end of the second

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winter for the Infrastructure or portions thereof referenced in

paragraphs 23.07(6) and (7), and not less than three (3) months prior to
the earliest maintenance period expiry date as specified in the relevant
Construction Completion Certificates, or earlier if weather conditions
permit, the City, Consulting Engineer and Contractor shall make a
complete joint inspection of the same constructed pursuant to this
Agreement.

(b) The City and the Consulting Engineer shall prepare a joint report of any
damage, defects and deficiencies discovered and shall forward a copy
thereof to the Developer and his or her Consulting Engineer.

(c) Following the correction of all damage, defects and deficiencies by the
Contractor, the Consulting Engineer and the City, shall execute a Joint
Inspection Certificate.

(d) Following the execution of the Joint Inspection Certificate, the Consulting
Engineer shall submit to the City, for that portion of the Infrastructure
referenced in paragraphs 23.07(6) and (7), four (4) copies of the Final
Acceptance Certificate, duly signed and sealed by a signing officer of the
Consulting Engineer, together with the Joint Inspection Certificate.

(3) (a) Within thirty (30) days of the City’s receipt of the Final Acceptance
Certificate, the Managing Director, Calgary Approvals Coordination shall
acknowledge the Final Acceptance Certificate provided that if the
inspection shows, to his or her satisfaction, that the Infrastructure or
portion thereof is complete and in accordance with the requirements of
this Agreement, and that all top lift asphalt has been placed for at least
thirty (30) days from the date of the said Managing Director, Calgary
Approvals Coordination’s approval.

(b) In the event the conditions of subparagraph (3)(a) are not met, the
Managing Director, Calgary Approvals Coordination may reject the Final
Acceptance Certificate and return to the Consulting Engineer the
unsigned Final Acceptance Certificate and a written report of the defects
and deficiencies to be corrected.

(c) The Developer shall correct the defects and deficiencies in accordance
with the said written report and shall resubmit the Final Acceptance
Certificate to the City for acknowledgement.

24.02 The Developer also agrees, that until all of its obligations to supply final plans,
easements and pay all monies owing to the City under this Agreement have been
fulfilled, the City may create an FAC requirement for the unfulfilled obligation, refuse to
accept the Development Area, and/or retain the Security as contemplated herein.

PART 25 - GENERAL PROVISIONS

A. DEFECT OR DEFAULT BY DEVELOPER

25.01 (1) Default occurs under this Agreement if:

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(a) the Developer ceases or appears to have ceased operations, or, in the
reasonable opinion of the City, is insolvent, or is adjudged bankrupt, or
seeks a protection order under any bankruptcy, creditor protection, or
insolvency legislation, or makes a general assignment for the benefit of its
creditors, or a receiver is appointed by a court of competent jurisdiction
on account of the Developer’s insolvency,

(b) the Developer fails to comply with the terms of any relevant Wetland
Compensation Agreement; or

(c) the Developer fails, neglects, or refuses to complete all design,

installation, construction or satisfy any other obligations contemplated in
this Agreement before the Construction Completion Date.

(2) If the Developer fails, neglects or refuses to comply with any notice of defect or
default in connection with this Agreement, given in writing to the Developer by
the Managing Director, Calgary Approvals Coordination, within thirty (30) days of
the delivery notice to the Developer, the City shall have the right, and is hereby
entitled but not obligated to take all or any of the following actions:

(a) to remedy or cause to be remedied the defect or default;

(b) to terminate this Agreement upon 15 days notice in writing to the

Developer;

(c) to complete or cause to be completed the development or portions

thereof; and

(d) to recover the costs of any action taken by the City pursuant to (a), (b), or
(c) above, and any other monies owing to the City by the Developer by
drawing upon the Security, or any one of them, deemed advisable or
expedient by the City including, but not limited to, any methods of
recovery available to the City pursuant to the Municipal Government Act.

(3) If the Security provided by the Developer under this Agreement has been
provided in the form of a bond, the City shall, concurrently with notice to the
Developer of the default, notify the issuing surety company of the default by the
Developer under this Agreement.

B. MAINTENANCE OF ACCESS ROUTE

25.02 (1) The Developer, at all times shall, to the satisfaction of the Managing Director,
Calgary Approvals Coordination provide and continuously maintain access to the
Development Area for the provision of emergency services.

(2) The Developer, at all times after any premises are occupied as dwellings within
the Development Area, shall, to the satisfaction of the Managing Director,
Calgary Approvals Coordination provide and continuously maintain access to
occupied premises for garbage removal and the provision of emergency
services.

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C. DUST, DIRT AND CONSTRUCTION MATERIAL DEBRIS CONTROL

25.03 (1) (a) The Developer is solely responsible for ensuring dust and dirt control
within the Development Area to the satisfaction of the Team Lead,
Stormwater Pollution Prevention.

(b) The Developer shall take effective measures to reasonably control dust
and dirt in the Development Area to the satisfaction of the Team Lead,
Stormwater Pollution Prevention, and without limiting the generality of the
foregoing, in any loam stockpile site so that dust and dirt originating
therein shall not be conveyed by any means whatsoever or cause
annoyance or become a nuisance to property owners and others within or
adjacent to the Development Area.

(c) (i) If the Developer’s actions to control dust and dirt within the
Development Area are not to the satisfaction of the Team Lead,
Stormwater Pollution Prevention, they shall attempt to notify the
Developer of the problem by telephoning the Developer or its
Consulting Engineer.

(ii) Notwithstanding any provision contained herein to the contrary, if

the Team Lead, Stormwater Pollution Prevention, is unable to
contact the Developer of Record or its Consulting Engineer, or if
after notification the actions of the Developer or its Consulting
Engineer to control dust and dirt within the Development Area are
not to their satisfaction, then the City may take such steps as are
necessary to eliminate the dust or dirt problem without further
notice to and at the expense of the Developer, and shall within
seventy-two (72) hours notify the Developer of Record in writing of
the action taken by the Team Lead, Stormwater Pollution
Prevention.

(2) (a) The Developer shall take effective measures, at no cost to the City, to
reasonably control construction material debris arising in connection with
activity within or related to the Development Area.

(b) (i) The Developer shall remove any construction material debris that
is maintained or stored in such a way that it could result in the
transfer and deposition of material into the storm drainage system
that could impair the integrity of the system or the quality of storm
drainage to the satisfaction of the Team Lead, Stormwater
Pollution Prevention

(ii) The Developer shall remove any construction material debris

deposited on any reserve lands located within and in proximity to
the Development Area, which are being maintained by the City,
within five (5) working days from the date of receiving written
notice from the Director, Parks to remove the said debris.

(iii) Notwithstanding anything to the contrary contained in this

Agreement, if the Developer fails to remove the debris from the

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reserve lands within the time prescribed in the notice, the City may
remove the construction material debris without further notice to
and at the expense of the Developer.

D. LAND USE CLASSIFICATION SIGN

25.04 (1) The Developer shall be responsible for informing and keeping the public informed
of all land use classifications, bus zones, community mail boxes, NEF zones,
truck routes, overhead power feeder mains, sewage treatment plants, arterial
roads, the location of School Sites (and when specified by the School Board the
school building sites), reserve parcels, storm water ponds and other amenities
within the Development Area, and the said information shall be shown in all
brochures and billboards and other advertising where maps are used in
connection with promotion and sale of lots in the Development Area.

(2) The Developer shall make available to all prospective purchasers, in sales
centres, information which includes the contact information pertaining to; the
relevant Area Structure Plan, approved outline plan, Land Use Sign, the
Community or Phase boundary, the Developer’s land holdings within the
community, location of future development areas. The information shall include a
statement indicating that development of land within the city is such that
information may not be relevant in the future as landowners at any time may
approach the City for a change of land use, subdivision or development permit,
regardless of the information displayed or otherwise obtained by a prospective
purchaser. The Developer shall also provide a list of questions for consideration
by a prospective homeowner to consider when making their housing decision in
relation to the information above.

(3) The Developer shall erect the land use classification sign, as approved by the
Director, Calgary Building Services, in the Development Area showing the above
mentioned amenities prior to issuance of building permits by the City.

(4) If the Developer proposes to erect the land use classification sign on publicly
owned lands, the Developer shall submit, for approval by the Managing Director,
Calgary Approvals Coordination, a plan showing the size and location of the said
sign.

(5) If the said sign is located on publicly owned lands, the Developer upon the
removal of the said sign, shall rehabilitate, to the satisfaction of the Managing
Director, Calgary Approvals Coordination, the area disturbed as a result of the
removal of the said sign.

(6) Any sign located on publicly owned lands is an improvement and the City is
indemnified therefore pursuant to the provisions of Part 20 - (Indemnification)
herein.

(7) The Developer shall maintain the said sign until the acknowledgement of the last
Final Acceptance Certificate for the lands shown on the said sign, following which
the Developer shall remove the said sign.

E. SURVEY CONTROL AND MAPPING

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25.05 (1) (a) The Developer shall pay to the City a fee to replace any or all HPN survey
control markers (within road allowances, surveyed roads or on private
land) that have been removed or damaged due to the development of the
area.

(b) The replacement charges for any such HPN survey control markers shall
be Five Thousand Dollars ($5,000.00) for each HPN survey control
marker.

(2) The Developer, prior to the City’s release of the linen for registration of the
Development Area, shall pay to the City a fee of $482.00 per hectare for each
and every hectare or part thereof contained within the area outlined on the linen
for the costs set out under Section 7 of the Surveys Act.

F. TRAFFIC DETOUR CONTROL

25.06 (1) Until the Construction Completion Certificate for paved roads, paved lanes and
paved walkways is issued, the Developer shall make arrangements, at its sole
cost and expense, satisfactory to the Director, Roads, for payment of the
installation and maintenance by the City, of all traffic detour signs that may be
required to control traffic on the streets within and along the boundaries of the
Development Area; and

(2) Until the Development Area has been accepted by the City, the Developer shall
make satisfactory arrangements with the Director, Roads, for the installation and
maintenance of traffic detour signs, as required, during the maintenance period.

G. RECREATIONAL VEHICLE PARKING

25.07 Using its best efforts, the Developer shall provide to the purchaser(s) of each lot located
within the Development Area notice of restrictions on the parking of recreational vehicles
by way of written notice (information package) or by inclusion in any architectural
controls for the lots located in the Development Area:

“City of Calgary Land Use Bylaw 1P2007, as amended, and the

Calgary Traffic Bylaw 26M96 restrict the parking of recreational
vehicles, other vehicles, trailers, etc. either in front of or in the
front yard of residential properties. Owners of lots in laneless
residential subdivisions are advised to familiarize themselves with
these restrictions if they own or intend to own vehicles, trailers,
etc. other than passenger vehicles.”

H. CESSATION OF RIGHT TO INSTALL OR CONSTRUCT

25.08 At any time after the Payment Date, the City may provide the Developer of Record with
thirty (30) days written notice that the Developer’s right to install and construct the
Infrastructure, or any portion thereof, shall cease thirty (30) days after receiving the
notice, and thirty (30) days after the receiving such notice, the Developer’s right to install
and construct the Infrastructure or portion thereof shall cease.

25.09 On the first day of January following the Payment Date:

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(1) all Off-site Levies, charges, fees, and other sums of money to be paid by the
Developer to the City under this Agreement shall be deemed to have been
adjusted in accordance with the rates that are approved for the then current year
regardless of whether or not such rates are established prior to, on or after the
Payment Date;

(2) any reference in this Agreement to all City Specifications shall, in respect of work
performed after the Payment Date, be deemed to be a reference to the City
Specifications approved for the then current year; and

(3) notwithstanding the foregoing paragraphs, the Park Specifications shall apply for
one (1) additional year following the Payment Date.

25.10 (1) In the event of any dispute as to the applicable rate or the City Specifications
applicable for any year, the decision of the Managing Director, Calgary Approvals
Coordination shall be final and binding upon the parties.

I. INVOICING AND PAYMENT

25.11 (1) The Developer shall pay to the City all amounts owing, excluding deposits, for
work to be done or materials to be supplied by the City on or before the Payment
Date, unless otherwise specified in writing by the Managing Director, Calgary
Approvals Coordination.

(2) Notwithstanding paragraph 25.11(1), the Developer shall pay to the City all
deposits to cover work or materials which the City may be required to do or
supply under this Agreement including but not limited to street lighting, walkway
lighting and reserve pathway lighting deposits within thirty (30) days from the
date of billing thereof, unless otherwise specified in writing by the Managing
Director, Calgary Approvals Coordination. If the Developer fails to pay to the City
the amounts due and owning under this Agreement, the City may collect the
monies as set out in paragraph 25.01 of this Agreement.

(3) (a) The Developer shall comply with and abide by all laws and the lawful
directions of any authority or person regarding the imposition, collection
or payment of any federal or provincial taxes, rates, levies, duties or
assessments (hereinafter called the “Taxes”).

(b) All sums of money set out herein (or to be calculated or determined as
provided herein) are expressed exclusive of any Taxes which may be
imposed in respect of this Agreement or any work, matter or thing
contemplated herein.

(c) The Developer shall pay and be solely responsible for all Taxes arising
out of this Agreement or any work, matter or thing contemplated herein.

(d) The Developer shall indemnify and save harmless the City, its officers,
agents, employees and contractors from and against all Taxes arising in
connection with this Agreement or any work, matter or thing contemplated
herein.

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(4) Notwithstanding anything to the contrary contained herein, all amounts that are
due and payable by either of the parties herein, shall be paid within thirty (30)
days from the date of the invoice.

25.12 (1) If payment for an approved invoice has not been made within thirty (30) days
from the date of billing thereof, then the party requesting payment shall be
entitled to receive an additional payment for interest, at the rate of one and one
half (1.5%) percent per month (18% per annum) or as otherwise provided by City
Bylaw Number 104/75, as amended and replaced from time to time.

(2) In the event of the Developer’s default in payment, the City may without further
notice recover the amount outstanding in accordance with paragraph 25.01.

J. PENALTIES

25.13 (1) The Developer shall not install the Infrastructure, or any portion thereof, without
first obtaining from the Development Engineer, written permission to construct
the Infrastructure or portion thereof.

(2) In the event the Developer proceeds with the installation of the Infrastructure, or
any portion thereof prior to obtaining the permission to construct referenced in
subparagraph (1), the City may impose a penalty of up to a maximum of $10,000
for each and every day the Developer proceeds without the required permission
to construct.

(3) (a) The amount of the penalty shall be solely determined by the Managing
Director, Calgary Approvals Coordination and shall be paid by the
Developer within thirty (30) days of the mailing of an invoice by the City,
which shall immediately become a debt due and owing the City.

(b) If payment of the invoice referred to in subparagraph (a) has not been
received by the City within thirty (30) days of mailing the invoice, the City
shall be entitled to recover the amount in accordance with
paragraph 25.01.

IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals duly
attested by the hands of their proper signing officers in that behalf and the individual parties
have hereunto set their hands as properly witnessed on the date ascribed above.

THE CITY OF CALGARY

Approved As To Content
By:
Coordinator, Name:
Public Instructure
Name: Mauro Ficaccio Title: General Manager

Managing Director,
Calgary Approval
Coordination By:
Name:
Name:
Approved As To Form Title: City Clerk

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Law, Legal Services

Name: Cheryl Hamilton

Parties.SignatureBlock

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 SCHEDULE “1”
Page 1 of 16
2019 MASTER DEVELOPMENT AGREEMENT
UNIT RATES SCHEDULE

APPROVED RATES FOR SANITARY SEWERS AND STORM SEWERS

PIPE SUPPLY COSTS

NOTE: 1) Concrete Pipe costs are based on 2018 market prices.

RG – Rubber gasket pipe or equivalent, including gaskets, etc.
SRC – Sulphate resistant concrete pipe

2) PVC pipe costs are based on 2018 market prices as 2019 market prices were not available prior
to preparation of these unit rates

3) Ultra Ribbed pipe costs are based on 2018 market prices as 2019 market prices were not
available prior to preparation of these unit rates

4) Pipe supply costs do not included G.S.T.

A. SDR 35 PVC PIPE & PVC PROFILE PIPE

Note: Pipe Joints are bell and spigot

PIPE SIZE (mm) PVC ULTRA-RIBBED

150 $ 16.00 NA
200 $ 28.00 $ 22.00
250 $ 45.00 $ 26.00
300 $ 64.00 $ 42.00
375 $ 92.00 $ 58.00
450 $142.00 $ 92.00
525 $199.00 $ 134.00
600 $254.00 $169.00
675 $314.00 NA
750 $417.00 $261.00
900 $596.00 $451.00
1050 $774.00 NA

B. REINFORCED CONCRETE PIPE – C76

Note: Pipe Joints are tongue and groove

PIPE CLASS II SRC CLASS III SRC CLASS IV SRC CLASS V SRC
SIZE RG RG RG RG
300 - - - $ 81.00
375 - - - $ 101.00
450 - - - $ 128.00
525 - - - $ 166.00
600 - - $ 219.00 $ 227.00
675 - - $ 288.00 $ 328.00
750 - - $ 364.00 $ 408.00
900 - $ 462.00 $ 503.00 $ 581.00
1050 $ 569.00 $ 596.00 $ 680.00 $ 806.00
1200 $ 701.00 $ 745.00 $ 892.00 $ 1076.00
1350 $ 898.00 $ 953.00 $ 1120.00 $ 1273.00
1500 $ 1033.00 $ 1120.00 $ 1341.00 $ 1561.00
1650 $ 1242.00 $ 1341.00 $ 1555.00 $ 1850.00
1800 $ 1427.00 $ 1623.00 $ 1856.00 $ 2145.00
 SCHEDULE “1”
Page 2 of 16
2019 MASTER DEVELOPMENT AGREEMENT
UNIT RATES SCHEDULE

C. SDR 35 PVC PIPE , PVC PROFILE PIPE AND REINFORCED CONCRETE (C76) PIPE
PLACING COSTS

PIPE DEPTH RANGES IN METRES

SIZE 0–2.5 2.5–3.0 3.0–3.5 3.5–4.0 4.0–4.5 4.5–5.0 5.0–5.5 5.5–6.0 6.0-6.5 6.5–7.0
150 $140.00 $152.00 $164.00 $177.00 $191.00 $206.00 $222.00 $240.00 $259.00 $280.00
200 $140.00 $152.00 $164.00 $177.00 $191.00 $206.00 $222.00 $240.00 $259.00 $280.00
250 $147.00 $159.00 $172.00 $186.00 $201.00 $217.00 $234.00 $253.00 $273.00 $295.00
250 $100.00 CATCH BASINS – ALL DEPTH RANGES
300 $147.00 $159.00 $172.00 $186.00 $201.00 $217.00 $234.00 $253.00 $273.00 $295.00
300 $100.00 CATCH BASINS – ALL DEPTH RANGES
375 $169.00 $183.00 $198.00 $214.00 $231.00 $249.00 $269.00 $291.00 $314.00 $339.00
450 $177.00 $191.00 $206.00 $222.00 $240.00 $259.00 $280.00 $302.00 $326.00 $352.00
525 $186.00 $201.00 $217.00 $234.00 $253.00 $273.00 $295.00 $319.00 $345.00 $373.00
600 $195.00 $211.00 $228.00 $246.00 $266.00 $287.00 $310.00 $335.00 $362.00 $391.00
675 $205.00 $221.00 $239.00 $258.00 $279.00 $301.00 $325.00 $351.00 $379.00 $409.00
750 $215.00 $232.00 $251.00 $271.00 $293.00 $316.00 $341.00 $368.00 $397.00 $429.00
900 $226.00 $244.00 $264.00 $285.00 $308.00 $333.00 $360.00 $389.00 $420.00 $454.00
1050 $237.00 $256.00 $276.00 $298.00 $322.00 $348.00 $376.00 $406.00 $438.00 $473.00
1200 $249.00 $269.00 $291.00 $314.00 $339.00 $366.00 $395.00 $427.00 $461.00 $498.00
1350 $261.00 $282.00 $305.00 $329.00 $355.00 $383.00 $414.00 $447.00 $483.00 $522.00
1500 $274.00 $296.00 $320.00 $346.00 $374.00 $404.00 $436.00 $471.00 $509.00 $550.00
1650 $288.00 $311.00 $336.00 $363.00 $392.00 $423.00 $457.00 $494.00 $534.00 $577.00
1800 $302.00 $326.00 $352.00 $380.00 $410.00 $443.00 $478.00 $516.00 $557.00 $602.00

Sewer prices for all sewers over 1800 mm in size and/or deeper than 7.0 m to be
NOTE: established by a public tender with concrete duct or equivalent capacity as an alternative.

Pipe supply costs in the schedules are F.O.B. plant. Delivery from the plant is included in
the pipe placing costs.
 SCHEDULE “1”
Page 3 of 16
2019 MASTER DEVELOPMENT AGREEMENT
UNIT RATES SCHEDULE

APPROVED RATES FOR SANITARY SEWER AND STORM SEWER MANHOLES

MATERIALS AND PLACING COSTS

TYPE & DEPTH RANGES IN METRES

SIZE 0 - 2.5 2.5 - 3.0 3.0 - 3.5 3.5 - 4.0 4.0 - 4.5 4.5 - 5.0 5.0 - 5.5 5.5 - 6.0 6.0 - 6.5 6.5 - 7.0

5A 3420.00 4,103.00 4,788.00 5,472.00 6,155.00 6,839.00 7,523.00 8,207.00 9,101.00 9,606.00
1-S
1220 X 1220 6424.00 7,140.00 7,856.00 8,575.00 9,291.00 10,007.00 10,723.00 11,439.00 12,156.00 12,872.00
1–S
1500 X 1500 8614.00 9,330.00 10,046.00 10,764.00 11,481.00 12,197.00 12,913.00 13,629.00 14,346.00 15,063.00
1–S
1800 X 1800 11,237.00 11,953.00 12,669.00 13,385.00 14,103.00 14,819.00 15,535.00 16,261.00 16,968.00 17,685.00
1–S
2100 x 2100 15,307.00 15,959.00 16,610.00 17,721.00 18,075.00 18,889.00 19,703.00 20,518.00 21,332.00 22,146.00
1–S
2400 X 2400 22,488.00 23,205.00 23,922.00 24,638.00 25,350.00 26,071.00 26,787.00 27,503.00 28,221.00 28,938.00
T – RISER
1200 9,601.00 10,341.00 11,057.00 11,773.00 12,489.00 13,206.00 13,923.00 14,640.00 15,356.00 16,039.00
T – RISER
1350 10,756.00 11,472.00 12,188.00 12,905.00 13,622.00 14,339.00 15,022.00 15,705.00 16,488.00 17,204.00
T – RISER
1500 11,791.00 12,507.00 13,223.00 13,393.00 14,622.00 15,371.00 16,089.00 16,806.00 17,522.00 18,238.00
T – RISER
1650 12,653.00 13,369.00 14,086.00 14,802.00 15,519.00 16,236.00 16,952.00 17,688.00 18,384.00 19,036.00
T – RISER
1800 13,712.00 14,428.00 15,145.00 15,861.00 16,577.00 17,293.00 18,009.00 18,728.00 19,445.00 20,160.00
T-Riser manhole prices include the cost of one length of pipe, 2400 mm. Manhole
NOTE: prices are sulphate resistant concrete.

2100 X 2100 Type 1-S is not regular supply. Price shown is based on 2400 X 2400 as
supplied by Lafarge Construction Materials
 SCHEDULE “1”
Page 4 of 16
2019 MASTER DEVELOPMENT AGREEMENT
UNIT RATES SCHEDULE

APPROVED RATES FOR SANITARY SEWERS AND STORM SEWERS

MISCELLANEOUS COSTS

UNIT PRICE PER

ITEM DESCRIPTION CUBIC METRE

1 Rock excavation - Type A $13.00

- Type B $29.00

2 Concrete bedding $350.00

3 Washed gravel $28.00

4 Bulk concrete in place $200.00

5 Reinforced concrete in place $300.00

6 Ordinary gravel backfill $25.00

7 Reinforced concrete outfall $450.00

8 Screened gravel $40.00

9 Crushed gravel for surface restoration $40.00

10 Compaction To be paid only on boundary conditions or where the City pays for full cost $6.25
of the installation. Using the formula:
Amount of compaction (m3) = length x (depth – 0.61m) x 1.07m
Depth = Centre Line Depth to Pipe Invert (meters)
Length – Length of Trench (meters)
Trench Width – 1.07 meters for all pipe sizes

NOTE: Any claim for any items noted above must be in excess of $250.00 and all items must be authorized
as provided in paragraph 2.07 of the 2015 Development Agreement.
 SCHEDULE “1”
Page 5 of 16
2019 MASTER DEVELOPMENT AGREEMENT
UNIT RATES SCHEDULE

APPROVED RATES FOR WATERWORKS

SUPPLY AND PLACING COSTS

UNIT PRICE PER

ITEM DESCRIPTION LINEAR METRE

1 Trenching, laying, jointing, backfilling and supply of the water distribution pipe
including cathodic protection for fittings.

A. 400 mm Mains

0m 3 m Cover $400.00
3m 3.6 m Cover $410.00
3.6 m 4.2 m Cover $420.00
4.2 m 4.9 m Cover $430.00

B. 300 mm Mains

0m 3 m Cover $285.00
3m 3.6 m Cover $294.00
3.6 m 4.2 m Cover $303.00
4.2 m 4.9 m Cover $312.00

C. 250 mm Mains

0m 3 m Cover $260.00
3m 3.6 m Cover $270.00
3.6 m 4.2 m Cover $280.00
4.2 m 4.9 m Cover $290.00

D. 200 mm Mains

0m 3 m Cover $225.00
3m 3.6 m Cover $235.00
3.6 m 4.2 m Cover $240.00
4.2 m 4.9 m Cover $255.00

E. 150 mm Mains

0m 3 m Cover $235.00
3m 3.6 m Cover $243.00
3.6 m 4.2 m Cover $251.00
4.2 m 4.9 m Cover $259.00

F. 100 mm Mains

0m 3 m Cover $165.00
3m 3.6 m Cover $175.00
3.6 m 4.2 m Cover $185.00
4.2 m 4.9 m Cover $195.00
 SCHEDULE “1”
Page 6 of 16
2019 MASTER DEVELOPMENT AGREEMENT
UNIT RATES SCHEDULE

APPROVED RATES FOR WATERWORKS

TRANSPORTATION AND UTILITY CORRIDOR CROSSINGS
AND EXPRESSWAY / SKELETAL AND FREEWAY CROSSINGS

UNIT PRICE PER

ITEM DESCRIPTION LINEAR METRE

2 Encased Water Main – Open Cut Method

Material, equipment and labour to install encased water main by an open cut method
in conformity to the Standard Specifications Waterworks Construction (rehabilitation is
not included and is not recoverable).

A. 400 mm Carrier Pipe c/w Encasement Pipe

0m 3 m Cover $934.00
3m 3.6 m Cover $980.00
3.6 m 4.2 m Cover $1,001.00
4.2 m 4.9 m Cover $1,068.00

B. 300 mm Carrier Pipe c/w Encasement Pipe

0m 3 m Cover $627.00
3m 3.6 m Cover $661.00
3.6 m 4.2 m Cover $705.00
4.2 m 4.9 m Cover $750.00

C. 250 mm Carrier Pipe c/w Encasement Pipe

0m 3 m Cover $517.00
3m 3.6 m Cover $561.00
3.6 m 4.2 m Cover $584.00
4.2 m 4.9 m Cover $640.00

D. 200 mm Carrier Pipe c/w Encasement Pipe

0m 3 m Cover $431.00
3m 3.6 m Cover $475.00
3.6 m 4.2 m Cover $498.00
4.2 m 4.9 m Cover $553.00

E. 150 mm Carrier Pipe c/w Encasement Pipe

0m 3 m Cover $369.00
3m 3.6 m Cover $932.00
3.6 m 4.2 m Cover $423.00
4.2 m 4.9 m Cover $482.00

Continued on next page

 SCHEDULE “1”
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2019 MASTER DEVELOPMENT AGREEMENT
UNIT RATES SCHEDULE

UNIT PRICE PER

ITEM DESCRIPTION LINEAR METRE

3 Encased Water Main – Augering Method

Material, equipment and labour to install encased water main by an augering method
in conformity to the Standard Specifications Waterworks Construction.

150 mm Carrier Pipe c/w Encasement Pipe $394.00

200 mm Carrier Pipe c/w Encasement Pipe $553.00
250 mm Carrier Pipe c/w Encasement Pipe $713.00
300 mm Carrier Pipe c/w Encasement Pipe $872.00
400 mm Carrier Pipe c/w Encasement Pipe $1,020.00

UNIT PRICE PER

EACH

4 Supply, setting and jointing of hydrants including seat and anchor blocks and all $6,600.00
fittings, coating, cathodic protection (hydrant lead and valve extra at unit price for pipe
and valve).

5 Supply, setting and joint valves, including box and rod, coating and cathodic
protection.
$8,840.00
A 400 mm Valves $3,557.00
B 300 mm Valves $3,030.00
C 250 mm Valves $2,227.00
D 200 mm Valves $1,908.00
E 150 mm Valves

6 Supply and installation of Pressure Reducing Valve(s) and Chamber(s) including

excavating backfilling, compacting, mechanical piping, and appurtenances. The depth
range is 0 – 4.2 m as measured from the pipe invert to finished grade.

Single PRV installation per Std. Dwg. 453-1039-001

A 150 mm $26,642.00
B 200 mm $33,406.00
C 250 mm $41,789.00
Dual PRV installation per Std. Dwg. 453-1038-001
A 150 mm $38,918.00
B 200 mm $47,200.00
C 250 mm $56,396.00

All materials and installations shall conform to the 2017 Standard Specifications,
Waterworks Construction.
UNIT PRICE PER
CUBIC METRE

7 Rock excavation - Type A $13.00

- Type B $30.00
Continued on next page
 SCHEDULE “1”
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2019 MASTER DEVELOPMENT AGREEMENT
UNIT RATES SCHEDULE

UNIT PRICE PER

ITEM DESCRIPTION LINEAR METRE

8 Sand bedding material $15.00

9 20 mm crushed gravel in trenches $30.00

10 Pit run gravel in trenches $20.00

11 Compaction To be paid only on boundary conditions or where the City pays for full $6.25
cost of the installation. Using the formula:
Amount of compaction (m3) = length x (depth – 0.61m) x 1.07m
Depth = Centre Line Depth to Pipe Invert (meters)
Length – Length of Trench (meters)
Trench Width – 1.07 meters for all pipe sizes

NOTE: Any claim for any items noted above must be in excess of $250.00 and all items must be authorized
as provided in paragraph 2.07 of the 2018 Development Agreement.
 SCHEDULE “1”
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2019 MASTER DEVELOPMENT AGREEMENT
UNIT RATES SCHEDULE

APPROVED RATES FOR SIDEWALK, CURB AND GUTTER

ITEM DESCRIPTION UNIT UNIT RATE

1 1.4 m Separate Sidewalk (includes lane aprons with wire mesh or reinforcing m2 $84.25
bars) $96.00
2.0 m Separate Sidewalk (includes lane aprons with wire mesh or reinforcing
bars)

2 Median (concrete) infill m2 $83.30

3 Curb and Gutter

A Standard or Low Profile – 250 mm – Class “A” concrete m $83.20
B Standard or Low Profile – 250 mm – Class “B” concrete m $83.20
C Standard (on asphalt base) – 250 mm – Class “A” concrete m $83.20
D Low Profile (on asphalt base) – 250 mm – Class “A” concrete m $83.20
E Standard (on asphalt base) – 500 mm – Class “A” concrete m $89.00
F Low Profile (on asphalt base) – 500 mm – Class “A” concrete m $89.00

4 Combined Sidewalk, Curb and Gutter

A Standard Curb – 1100 mm walk – Class “A” concrete m $130.00
B Standard Curb – 1100 mm walk – Class “B” concrete m $130.00
C Low Profile Curb – 1100 mm walk – Class “A” concrete m $130.00
D Low Profile Curb – 1100 mm walk – Class “B” concrete m $130.00
E Standard Curb – 1500 mm walk – Class “A” concrete m $150.50
F Standard Curb – 1500 mm walk – Class “B” concrete m $150.50
G Low Profile Curb – 1500 mm walk – Class “A” concrete m $150.50
H Low Profile Curb – 1500 mm walk – Class “B” concrete m $150.50
I Low Profile Curb – 2000 mm walk – Class “A” concrete m $211.00

5 Catch Basins and Inlet Control Devices

A Single Type C ea. $3,480.00
B Twin Type C ea. $5,000.00
C Type K-2 Single ea. $3,900.00
D Type K-2 Twin ea. $5,470.00
E Plug Inlet Control Device 200 mm ea. $308.00
F Plug Inlet Control Device 250 mm ea. $308.00
G Plug Inlet Control Device 300 mm ea. $308.00

Continued on next page

 SCHEDULE “1”
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2019 MASTER DEVELOPMENT AGREEMENT
UNIT RATES SCHEDULE

ITEM DESCRIPTION UNIT UNIT RATE

6 Concrete Invert Crossing

A Overland concrete drainage m $103.25

7 Breakout and Replace (Residential)

A Sidewalk only m2 $151.00
B Curb and Gutter only m $168.00
C Combined Sidewalk, Curb and Gutter m $235.00
D Asphalt Rehab 250 mm width m $42.00
E Boulevard Rehab 250 mm width m $24.00

8 Breakout and Replacement (Majors)

A Curb and Gutter (standard or low profile) m $168.00
250 mm Class “A” Concrete on Asphalt Base
B Curb and Gutter (standard or low profile) m $181.00
500 mm Class “A” Concrete on Asphalt Base
C Asphalt Rehab 250 mm width m $42.00
D Boulevard Rehab 250 mm width m $24.00

NOTE: The above prices include unstable material costs.

APPROVED RATES FOR PAVING AND LANES

ITEM DESCRIPTION UNIT UNIT RATE

1 Conventional Construction
A Excavation and Disposal (in place measurements) m3 $4.75
B Subgrade preparation m2 $2.10
C 80mm gravel (placed and compacted) Tonne $24.00
D 25 mm crushed gravel Tonne $32.00
E Prime on 25 mm crushed gravel m2 $0.80
F Tack coat on asphalt m2 $0.60
G Asphaltic Mix “A” Tonne $100.00
H Asphaltic Mix “B” Tonne $117.00
I Asphaltic Mix “C” Tonne $124.00

2 Full Depth Construction

A Excavation and Disposal m3 $4.75
B Subgrade preparation m2 $2.10
C Tack Coat m2 $0.60
D Asphaltic Mix “A” Tonne $100.00
E Asphaltic Mix “B” Tonne $117.00
F Asphaltic Mix “C” Tonne $124.00
Continued on next page
 SCHEDULE “1”
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2019 MASTER DEVELOPMENT AGREEMENT
UNIT RATES SCHEDULE

ITEM DESCRIPTION UNIT UNIT RATE

3 (i) Residential Roads

A Excavation and Disposal m2 $1.55
B Subgrade preparation m2 $2.10
C 200mm Granular Sub Base( 80mm) m2 $11.20
D 100mm Granular Base( 25mm) m2 $7.00
E Prime coat m2 $0.80
F Asphaltic Mix “B” 50 mm lift m2 $14.50
G Tack Coat m2 $0.60
H Asphaltic Mix “B” 30 mm m2 $10.00
TOTAL $47.75
USE RATE $48.00

3 (ii) Conventional Construction - The following rates shall be used to determine the
cost per square metre for non-standard pavement construction
A Excavation and Disposal (50 mm depth) m2 $0.80
B Subgrade preparation (do not pro-rate) m2 $2.10
C 50 mm Granular base Gravel m2 $2.75
D 100mm Granular Base( 25mm) m2 $7.00
E Prime on 25 mm crushed gravel (do not pro-rate) m2 $0.80
F Asphaltic Mix “A” – 50 mm lift m2 $11.60
G Tack Coat (per application) m2 $0.60
H Asphaltic Mix “B” – 50 mm lift m2 $14.50

4 (i) Residential Collector & Industrial

A Excavation and Disposal m2 $1.55
B Subgrade preparation m2 $2.10
C 200mm Granular Sub Base( 80mm) m2 $11.20
D 100mm Granular Base( 25mm) m2 $7.00
E Prime coat m2 $0.80
F Asphaltic Mix “A” 100 mm – 2 lifts m2 $24.00
G Tack Coat (2 applications) m2 $1.20
H Asphaltic Mix “B” 40 mm m2 $12.00
TOTAL $59.85
USE RATE $60.00

4(ii) Major (Arterial Street)

A Excavation and Disposal m2 $1.85
B Subgrade preparation m2 $2.10
C 300mm Granular Sub Base( 80mm) m2 $15.50
D 100mm Granular Base( 25mm) m2 $7.00
E Prime coat m2 $0.80
F Asphaltic Mix “A” 160 mm – 2 lifts m2 $38.00
G Tack Coat (2 applications) m2 $1.20
H Asphaltic Mix “C” 40 mm m2 $13.00
TOTAL $79.45
USE RATE $79.50

Continued on next page

 SCHEDULE “1”
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2019 MASTER DEVELOPMENT AGREEMENT
UNIT RATES SCHEDULE

ITEM DESCRIPTION UNIT UNIT RATE

5 (i) Asphalt under 500 mm Curb and Gutter m2 $14.70

5 (ii) Asphalt under 250 mm Curb and Gutter m2 $14.70

6 Asphalt Median Strips

A Excavation and subgrade compaction m2 $9.60
B 25 mm crushed gravel (placed) m2 $4.50
C Asphaltic Mix “B” – 50 mm m2 $14.50
TOTAL $28.60
USE RATE $29.00

7 (i) Gravelled Lanes

A Excavation and Disposal m2 $4.80
B 25 mm crushed gravel Tonne $32.25

7 (ii) Lane Construction

A Excavation and Disposal m2 $4.80
B Subgrade preparation m2 $2.75
C 100 mm Granular Base (25mm) m2 $8.30
TOTAL $15.85
USE RATE $16.00

8 Asphalt Walkway and Pedestrian / Bicycle Paths

A Excavation m2 $6.20
B Subgrade preparation m2 $3.40
C Root barrier m2 $3.20
D 100mm Granular Base (25mm) m2 $8.30
E Asphaltic Mix “B” 100 mm lift m2 $26.00
TOTAL $47.10
USE RATE $47.00

9 Miscellaneous Asphalt Works

A Asphalt planing – less than 100 m2 m2 $37.00
B Asphalt planing – more than 100 m2 m2 $7.90
C Asphalt Removal and Disposal over 100 m2 m2 $18.00

NOTE:

APPROVED RATES FOR PAVING

ITEM DESCRIPTION UNIT UNIT RATE

1 Major Standard Roads

A Divided – 16.0 metre carriageway on 36 metre R.O.W.
(i) Half Cost (with no Traffic Signals) Lineal Metre $1,945.00
(ii) Full Cost (with no Traffic Signals) Lineal Metre $3.890.00
(iii) Top Lift Holdback Half Cost Lineal Metre $141.00
(iv) Top Lift Holdback Full Cost Lineal Metre $282.00
Continued on next page
 SCHEDULE “1”
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2019 MASTER DEVELOPMENT AGREEMENT
UNIT RATES SCHEDULE

ITEM DESCRIPTION UNIT UNIT RATE

Major Standard Roads continued

B Undivided – 16.0 Industrial metre carriageway on 30 metre
R.O.W.
(i) Half Cost (with no Traffic Signals) Lineal Metre $1,690.00
(ii) Full Cost (with no Traffic Signals) Lineal Metre $3,380.00
(iii) Top Lift Holdback Half Cost Lineal Metre $141.00
(iv) Top Lift Holdback Full Cost Lineal Metre $282.00
C Divided Local Major 27 metre R.O.W.
(i) Half Cost (with no Traffic Signals) Lineal Metre $1,785.00
(ii) Full Cost (with no Traffic Signals) Lineal Metre $3,570.00
(iii) Top Lift Holdback Half Cost Lineal Metre $123.00
(iv) Top Lift Holdback Full Cost Lineal Metre $246.00
2 Collector Standard Road – 12.0 metre carriageway on 21 metre
R.O.W .
(i) Half Cost Lineal Metre $1,040.00
(ii) Full Cost Lineal Metre $2,080.00

Complete Streets Arterials

Arterial Street (19.0 carriageway) 36.0 m R.O.W.

(i) Half Cost (with no Traffic Signals) Lineal Metre $2,175.00
A (ii) Full Cost (with no Traffic Signals) Lineal Metre $4,350.00
(iii) Top Lift Holdback Half Cost Lineal Metre $167.00
(iv) Top Lift Holdback Full Cost Lineal Metre $334.00

Arterial Street (14.0 carriageway) 36.0 m R.O.W.

(i) Half Cost (with no Traffic Signals) Lineal Metre $1,865.00
B (ii) Full Cost (with no Traffic Signals) Lineal Metre $3,730.00
(iii) Top Lift Holdback Half Cost Lineal Metre $123.00
(iv) Top Lift Holdback Full Cost Lineal Metre $246.00

Arterial Street (26.0 carriageway) 46.0 m R.O.W.

(i) Half Cost (with no Traffic Signals) Lineal Metre $2,570.00
(ii) Full Cost (with no Traffic Signals) Lineal Metre $5,140.00
C (iii) Top Lift Holdback Half Cost Lineal Metre $228.00
(iv Top Lift Holdback Full Cost Lineal Metre $456.00

Arterial Street (21.0 carriageway) 46.0 m R.O.W.

(i) Half Cost (with no Traffic Signals) Lineal Metre $2,265.00
(ii) Full Cost (with no Traffic Signals) Lineal Metre $4,530.00
D (iii) Top Lift Holdback Half Cost Lineal Metre $184.00
(iv Top Lift Holdback Full Cost Lineal Metre $368.00

Industrial Arterial Street (14.4 carriageway) 30.0 m

R.O.W
(i) Half Cost (with no Traffic Signals) Lineal Metre $1,790.00
(ii) Full Cost (with no Traffic Signals) Lineal Metre $3,580.00
E (iii) Top Lift Holdback Half Cost Lineal Metre $127.00
(iv) Top Lift Holdback Full Cost Lineal Metre $254.00

Continued on next page

 SCHEDULE “1”
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2019 MASTER DEVELOPMENT AGREEMENT
UNIT RATES SCHEDULE

ITEM DESCRIPTION UNIT UNIT RATE

F Local Arterial Street (18.6 carriageway) 32 m R.O.W

(i) Half Cost (with no Traffic Signals) Lineal Metre $2,130.00
(ii) Full Cost (with no Traffic Signals) Lineal Metre $4,260.00
(iii) Top Lift Holdback Half Cost Lineal Metre $163.00
(iv) Top Lift Holdback Full Cost Lineal Metre $326.00

G Collector Street (15.010.8 carriageway) 25.2.0 m

(i) R.O.W Lineal Metre $1,175.00
(ii) Half Cost Lineal Metre $2,350.00
Full Cost

NOTE: The Rates for Items 1 and 2 are to be used in calculating oversize payments and deposits for
2019 Development Agreements. Unit rates are based on Conventional pavement structures.
The above rates include 5% for Engineering, 5% for Administration and 2.5% for Material
testing.

APPROVED RATES FOR BUS LAYBY COST RECOVERY

DESCRIPTION UNIT UNIT RATE

Concrete Bus Layby cost recovery
20 Metre Length – lump sum Lump Sum $23,050.00
25 Metre Length – lump sum Lump Sum $26,210.00
37 Metre Length – lump sum Lump Sum $34,000.00

NOTE:

APPROVED RATES FOR FENCING

DESCRIPTION UNIT UNIT RATE

1.80 metre high chain link fence

Lineal Metre $68.00
Includes wire mesh, poles and installation

NOTE:
 SCHEDULE “1”
Page 15 of 16
2019 MASTER DEVELOPMENT AGREEMENT
UNIT RATES SCHEDULE

APPROVED RATES FOR PARKS AND BOULEVARDS

DESCRIPTION UNIT UNIT RATE

A Includes supplying of loam to 150 mm in depth, preparation (levelling m2 $3.71

and rototilling) and seeding. (Does not include any excavation)

B Includes supplying of loam to 150 mm in depth, excavation, preparation m2 $5.44

(levelling and rototilling) and seeding

C Community and District Parks – Building Envelope Areas hectare $38,422.00

D Community and District Parks – MSR Areas hectare $107,221.00

NOTE:

APPROVED RATES FOR INSTALLATION OF UNDERGROUND

TRAFFIC CONTROL DUCTS

DESCRIPTION UNIT UNIT RATE

A Includes excavation, installation of traffic control ducts, backfilling, Linear Metre $44.35
Compaction of ditches and where applicable, road rehabilitation.

B The Contractor will supply pull rope, duct material, duct end markers
and a scaled drawing of the intersection showing the location of the
duct end markers.

NOTE: The above rates for items A and B above do not include GST.
 SCHEDULE “1”
Page 16 of 16
2019 MASTER DEVELOPMENT AGREEMENT
UNIT RATES SCHEDULE

APPROVED RATES FOR STREET LIGHTING

DESCRIPTION UNIT UNIT RATE

1 Local Roads Linear metre $185.00

Walkway and Reserve Pathway
Residential M, M-L, SW-L (9.0 / 16.0)
Collector (10.8 / 21.0)
Collector (12.3 / 22.5)
Collector Street (15.0 / 25.2)
Industrial Street (9.0 / 19.0 )
2
Intermediate Roads
Residential Street Entrance (2 x 6.0 / 22.5)
Residential Street Entrance (2 x 6.5 / 23.5) Linear metre $220.00
Primary Collector Street (2 x 7.7 / 29.0)
Primary Collector Street (2 x 8.3 / 30.0)
Activity Centre Street (15.4 / 26.0)
Neighbourhood Boulevard (15.4/ 30.0)

Arterial Streets
Single Carriageway Linear metre $200.00
3 Dual Carriageway $400.00
Arterial Street ( 2 x 9.5 / 36.0 )
Arterial Street ( 2 x 7.0 / 36.0 )
Arterial Street ( 2 x 13.0 / 46.0 )
Arterial Street ( 2 x 10.5 / 46.0 )
Industrial Arterial Street ( 14.4 /30.0 )
Local Arterial Street ( 2 x 9.3 / 32.0 )
Urban Boulevard ( 2 x 12.0 / 42.6 )
Urban Boulevard ( 2 x 9.1 / 36.0 )
Parkway ( 2 x 9.1 / 36.0 )

All above rates shall apply in all standard developments subject to the
conditions outlined in Part 15 of the Development Agreement.

Reserved pathway lighting rate will only apply to all Reserve Pathways that
are required to be lit for the transit pedestrian movement.

The formula for calculating linear metre is as follows:

a) Linear length of roadways to be lighted are calculated based on the

City of Calgary’s established “Road Net” road centre line mapping
product. This replaces the previous complicated method of lot
assessment involving measurement of both sides of the residential
roads with allowance for MRs, ERs, sides of corner lots etc.

b) Linear length for roadways with double centre lines will be the
average length of two lines.

c) At intersections, the end point for each roadway will be the point
where the two centre lines meet.
 SCHEDULE “2”
Page 1 of 1
2019 MASTER DEVELOPMENT AGREEMENT
OFF-SITE LEVIES AND ASSESSMENTS

APPROVED RATES FOR STORM POND COST SHARING

DESCRIPTION RATE

1 Storm Pond Base Recovery Rate $24,813.00

STORM POND COST SHARING

Storm pond cost sharing is determined on a case by case basis and should be determined using the Base
Recovery Rate plus additional cost items as per the approved 1993 industry policy and the 2005 update.

CHARGES RATE PER HECTARE

Community Services Charge $78,419.00

FEES RATE PER HECTARE

Inspection Fee $2,539.00
Traffic Signage and Road Markings Charge $710.00

OFFSITE LEVIES RATE PER HECTARE

Storm Sewer Levy Bow River Watershed $8,615.22
(by watershed) Elbow River Watershed $0.00
Fish Creek Watershed $22,220.86
Nose Creek Watershed $17,424.64
Pine Creek Watershed $19,568.12
Shepard Watershed $45,565.63
Sanitary Sewer Levy $51,781.19
Water Levy $44,845.63
Treatment Plant Levy $142,924.85
Transportation Levy $136,041.94