HomeMy WebLinkAboutEnhancement and Protection Agreement
ENHANCEMENT AND PROTECTION AGREEMENT
«referencefile»
THIS AGREEMENT DATED the «day» day of «month», «year».
BETWEEN:
«allnameaddresses»
(herein called the “DEVELOPER”)
OF THE FIRST PART
AND:
THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE,
A Municipal Corporation under the “Local Government Act”, having
Its Municipal offices at 11995 Haney Place, Maple Ridge, B.C. V2X 6A9
(hereinafter called the “MUNICIPALITY”)
OF THE SECOND PART
WHEREAS:
a. The Developer is the owner of and proposes to develop certain lands and
premises located within the Municipality, in the Province of British Columbia, and
more particularly known and described as:
«allpropertylegals»
(hereinafter called the “THE SAID LANDS”)
b. The Developer has agreed to enhance a portion of Park Land adjacent to
_______________ Creek (and as identified on Schedule A attached hereto), in
support of some servicing requirements for his development site.
NOW THEREFORE THIS AGREEMENT WITNESSETH and in consideration of the premises and
the mutual covenants and agreements contained herein and the sum of One Dollar ($1.00)
now paid to the Developer by the Municipality (the receipt and sufficiency whereof is hereby
acknowledge), the parties hereto covenant and agree each with the other as follows:
1. THE DEVELOPER COVENANTS AND AGREES with the Municipality:
a) That the enhancement area will be re-vegetated in accordance with the
District of Maple Ridge re-planting guidelines and the plan prepared by the
environmental consultant ___________________,
b) That the area will be maintained for a five year period to ensure that the
invasive species are not re-established which is hereafter referred to as the
“The Maintenance Period”.
DESCRIPTION OF WORKS:
- Invasive vegetative species identified for re-planting in the attached re-planting plan,
attached with Schedule B, will be cleared and grubbed (to a depth of 300
millimetres) from the planting area;
- Sparsely vegetated or disturbed areas identified within the watercourse protection
development permit area will be enhanced and restored as per the
recommendations of the environmental consultant of record and as proposed in the
attached Schedule B.
- Topsoil will be installed around the proposed planting area to a depth of 350
millimetres
- Planting of native vegetation will comply with the municipal standards for re-planting,
attached hereto as Schedule C, and with the attached reference Drawing prepared by
_________________________________, attached hereto as Schedule B.
- That the construction and installation of the said works shall be reviewed and
approved by the environmental consultant of record known as
________________________.
- That a Maintenance Period of ____ years will be provided to ensure that invasive
species do not return to the re-vegetated area.
2. THE DEVELOPER FURTHER COVENANTS AND AGREES with the Municipality:
a) To complete the construction and installation of the said works with the Fisheries
window of this current year ___________.
b) As security for the due and proper completion of the construction and installation and
maintenance period of the said works, to deposit with the Municipality the sum of $
__________, in compliance with Council’s Policy for Security Deposits, (hereinafter
called the “SECURITY DEPOSIT”)
c) That if the said works are not duly and properly completed within the time specified in
paragraph 1 hereof, the Municipality may complete the said works at the costs of the
Developer and deduct from the security deposit the cost of such completion, and the
balance of the security deposit shall be returned to the Developer, less any
administration costs incurred by the Municipality. If the security deposit is
insufficient to cover the actual cost of completing the said works, then the Developer
shall pay such deficiency to the Municipality immediately upon receipt of the
Municipality’s bill for same. It is understood that the Municipality may do such work
either by itself or by contractors employed by the Municipality. If the said works are
completed by the Developer as herein provided and after the five year maintenance
period expires, the security deposit shall be returned to the Developer.
d) Upon receipt of a Letter of Assurance from the Environmental Monitor that the
Developer has met the requirements for replanting and enhancement of the site as
set out in Schedules B and C, the cash or irrevocable letter of credit in the amount of
$ shall be returned to the Developer only after the Developer deposits a
maintenance security with the District in the amount of $ , equivalent to the
100% of the cost for the 3 year maintenance period. This maintenance security
amount (cash or an irrevocable letter of credit) shall cover all obligations created by
this Agreement for the 3 year maintenance period from the date of the Letter of
Assurance for the replanting works has been issued by the Environmental Monitor.
Upon receipt of a final Letter of Assurance from the Environmental Monitor, after the
requirements of the maintenance period have been met, including a record of
monitoring dates and actions taken, the balance of the maintenance security shall be
returned to the Developer.
3. THE MUNCIPALITY COVENANTS AND AGREES with the Developer:
a) To permit the Developer to perform all of the aid works upon the terms and
conditions herein contained; and
b) That upon satisfactory completion by the Developer of all of the covenants and
conditional in the Agreement, they shall discharge this Agreement.
4. IT IS MUTUALLY UNDERSTOOD, agreed and declared by and between the parties hereto
that:
a) the Municipality has made no representations, covenants, warranties, guarantees,
promises or agreements (oral or otherwise) with the Developer other than those
contained in this Agreements;
b) nothing contained or implied herein shall prejudice or affect the rights and powers of
the Municipality in the exercise of its functions under any public and private statutes,
bylaws order and regulations, all of which may be fully and effectively exercised in
relation to the said lands as if this Agreement had not been executed and delivered
by the Developer;
c) wherever the singular or masculine is used herein, the same shall be construed as
meaning the plural, feminine or the body corporate or politic where the context or the
parties so require and, where the Developer consist of more than one person, the
term “Developer” shall mean all such persons jointly and severally;
d) this Agreement shall ensure to the benefit of and be binding upon the parties hereto
and their respective heirs, executors, administrators, successors and assigns; and
e) the parties hereto shall do and cause to be done all things and execute and cause to
be executed all documents which may be necessary to give proper effect to the
intention of this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first
above written.
WITNESSED and SIGNED, in the presence of:
Print Name: ________________________
Signature: _________________________ _____________________________
DEVELOPER/OWNERS SIGNATURE
Address: __________________________
__________________________________ _____________________________
OWNERS SIGNATURE
Phone No. _____________________
THE CORPORATE SEAL OF THE CORPORATION
OF THE DISTRICT OF MAPLE RIDGE was hereunto
affixed in the presence of:
________________________________
MAYOR
________________________________
CORPORATE OFFICER
Schedule A: Enhancement Area
Schedule B: Replanting Plan
Schedule C: District of Maple Ridge (Re)-Planting Standards
Schedule A: Enhancement Area
Schedule B: Replanting Plan
Schedule C: District of Maple Ridge (Re)-Planting Standards
The native vegetation species selected for this area must be conducive to the environment,
and will help maintain stability of the soil substrate and increase the diversity of the area.
The re-vegetation compensation scheme will comply with the following requirements:
All works shall be conducted in accordance with the sediment control provisions of
the "Land Development Guidelines for the Protection of Aquatic Habitat" jointly
published by the provincial Ministry of Environment, Lands & Parks and the Federal
Department of Fisheries & Oceans.
All materials, labour and plant installation shall be conducted in accordance with the
BC Landscape Standard jointly produced by the BC Society of Landscape Architects
and the BC Nursery Trades Association.
All debris and / or excess materials from landscape operations shall be collected and
disposed of in accordance with all regulatory requirements.
All soils to be used as part of the riparian landscaping shall comply with the BC
Landscape Standard.
Topsoil will also be used and will be dependant on the condition of native soil.
A minimum of 350mm of topsoil is to be placed around each rootball and / or
container grown plant. This requirement involves all shrubs and trees to be planted
throughout the setback area.
For all deciduous trees up to a 12cm caliper and coniferous trees up to 3m height: 2
stakes per tree.
For all deciduous trees larger than 12cm caliper and coniferous trees larger than 3m
height: 3 guy wires spaced equally around each tree.
The contractor shall provide no less than three/five years of plant maintenance. Plant
survivorship shall equal 100% three (3) / five (5) years from planting. Replacement
of dead stock will be required to fulfill this specification.
Planting maintenance shall include an eradication program for removal of invasive
vegetative species.
A qualified environmental professional must carry out and monitor the above noted
works through to completion at least twice a year for three/five years to completion.
A record of monitoring dates and action taken is required.
The planting works should be carried out and completed during the fall and/or the
spring periods.
All exposed soils are to be seeded with native seed.
No soils, clay, sand, gravel, concrete or any other non-native material deleterious to
aquatic life should ever be dumped, placed or stored within the setback area or be
allowed to enter the adjacent channel.
All planting works are to be carried out by hand. No track machinery is to travel on
the riparian area where possible.
Large organic debris and trees currently located on-site will be retained and
protected within the setback area.
All exposed soils within the setback areas will be seeded with seed mix conducive to
that environment. Seeding will take place immediately after all planting works are
completed.
All excavated material will be removed and relocated to a location on the same
property where it will not impact any watercourse or sensitive area.
Vegetating this area will involve planting of the following species with at least 50 percent mix
of deciduous trees with coniferous trees. A landscape vegetation plan will be required for the
site that has been prepared by a qualified environmental professional.
The mix of trees and shrubs that are recommended at this time include the following:
COMMON NAME SCIENTIFIC NAME COMMENTS
Plant Name - Trees
Western hemlock Tsuga heterophylla
Western Red cedar Thuja plicata
Paper Birch Betula papyrifera
Broadleaf maple Acer macrophyllum
Bitter cherry Prunus emarginata
Plant Name - Shrubs
Red elderberry Sambucus racemosa
Salmonberry Rubus spectabillis
Pacific Crabapple Malus diversifolia
Indian plum Osmaronia cerasiformis
Beaked hazelnut Corylus cornuta
Red-Osier Dogwood Cornus stolonifera
Sword fern Polystichum munitum
False azalea Menziesia ferruginea
Naturescape Preferred Plant List
The following 22 native plants, which thrive under local climatic conditions and have
excellent wildlife values, are highly recommended for inclusion in all plantings. In particular,
two shrubs, i.e., red elderberry and Indian plum have exceptional wildlife values and should
form a reasonable portion of any planting scheme. Please note, that Indian plum is a
dioecious species (separate male and female plants) so female specimens (which produce
berries) should form the large majority of any group planting.
Trees: Ground covers:
vine maple
red alder salal
black hawthorn kinnikinnick
bitter cherry low oregon grape (M. nervosa)
cascara
Pacific crab apple
Shrubs: Vines:
Saskatoon berry honeysuckle
hazelnut
red flowering currant
baldhip rose
Nookta rose
twinberry
thimbleberry
salmonberry
Indian plum
tall Oregon grape (M. aquifolium)
red elderberry
mock orange
In addition, the follow non-native species have excellent wildlife value: trees - mountain ash,
common (English) hawthorn; shrubs - butterfly bush (buddleia), ground cover – cotoneaster.
For creating attractive, easy-care flowerbeds that attract butterflies and hummingbirds use
the following:
columbine red valerian
fireweed crocosmia (var. lucifer)
false-lily of the valley Dames (or sweet) rocket
lupin bee balm
foxglove pearly everlasting
evening primrose penstemon
phlox yarrow