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HomeMy WebLinkAbout2006-093 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2006-093 being a By-law to authorize entering into an Amending Agreement with the Owners of Plan of Subdivision 18T-88051 and any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of 18T -88051 WHEREAS the Council of the Corporation of the Municipality of Clarington on Monday, February 6, 2006 approved Plan of Subdivision 18T-88051 located in Part Lot 13, Concession 2, former Town of Bowmanville, and authorized the execution of an amending subdivision agreement with the Owner; AND WHEREAS the Owner(s) of draft Plan of Subdivision 18T-88051 is now ready to proceed to finalize the amending subdivision agreement; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation's seal, an amending agreement between the Owner of Plan of Subdivision 18T-88051. 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality, the said conveyances of lands required pursuant to the aforesaid Amending Agreement. BY-LAW read a first time this 18th day of April 2006 BY-LAW read a second time this 18th day of April 2006 BY-LAW read a third time and finally passed this 18th day of April 2006 J~: ,-If (tv l (/-- John M-utlon, Mayor ... THE FIRST AMENDING SUBDIVISION AGREEMENT made as of this 28th day of June 2006 , BE1WEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART -and- 2075568 ONTARIO INC. (hereinafter called the "Owner of the New Development Lands") OF THE SECOND PART -and- VELTRI AND SONS LIMITED (hereinafter called "Veltri") OF THE THIRD PART WHEREAS: A. The Municipality and Veltri entered into an agreement dated June 3, 1999 pursuant to Subsection 51 (26) of the Planning Act, R.S.O. 1990, c.P.13, as amended, ("Subdivision Agreement") respecting the subdivision and development of the lands within approved draft Plan of Subdivision 18T-88051. These Lands are more particularly described in Schedule "A" hereto ("Lands"). Veltri is described in the Subdivision Agreement as the "Owner" of the Lands; B. A Notice of the Subdivision Agreement was deposited in the Land Registry Office for the Land Titles Division of Durham (No. 40) ("Land Registry Office") as Instrument No. L T910605; C. Subsequently, finally approved plans of subdivision of portions of the Lands were registered in the Land Registry Office as Plan 40M-1970 and Plan 40M-2242, respectively; D. By transfer registered on July 18, 2005 as Instrument No. DR408376 in the Land Registry Office, Veltri transferred to 2075568 Ontario Inc. a parcel of land comprising the balance of the Lands not within either Plan 40M-1970 or 40M- 2242, now identified in the parcel register by Parcel Identification No. 26615-0115 Page 2 (L T). The parcel register shows 2075568 Ontario Inc. to be the Owner in fee simple of this portion of the Lands, subject to a charge to Veltri registered as Instrument No. DR408377; E. Subsequently, by Instrument No. DR458539 registered on December 14, 2005, the Municipality transferred to 2075568 Ontario Inc. the parcel of land identified by Parcel Identification No. 26615-0459(L T); F. The lands referred to in Recitals D and E, respectively, abut. They are referred to hereafter as the "New Development Lands"; G. The Owner represents and warrants to the Municipality that it is the owner in fee simple absolute of the New Development Lands, the Mortgagee is the only mortgagee or chargee of the lands referred to in Recital D, and there is no presently existing mortgage or charge of the lands referred to in Recital E; H. Amendments to approved draft Plan of Subdivision 18T-88051 to incorporate the New Development Lands within the Lands to which draft Plan of Subdivision 18T- 88051 applies and to subdivide or resubdivide the same have been approved by the Municipality. These amendments are shown on the revision of draft Plan of Subdivision 18T-88051 contained in Schedule "B-1" hereto; I. The parties hereto have agreed to amend the Subdivision Agreement as set out below; J. This First Amending Subdivision Agreement is made pursuant to subsection 51 (26) of the Planning Act. Its execution by the Mayor and Municipal Clerk on behalf of the Municipality is authorized by By-law 2006-093 passed by the Municipality's Council at its regular meeting on April 18, 2006. NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of Two ($2.00) dollars of lawful money of Canada, now paid by each party to the other (the receipt whereof by each party is hereby acknowledged), the parties hereto covenant and agree to and with the other as follows: 1.0 Recitals. Definitions and Schedules 1.0 The Owner of the New Development Lands warrants to the Municipality that Recitals A to H, inclusive, are correct. Page 3 1.2 The following Schedules are attached to and form part of this First Amending Subdivision Agreement: Schedule "A" Schedule "B-1" - "Legal Description of the Lands" - "Reduction of Amendment to Approved Draft Plan 18T-88051 " - "Works Cost Estimate: New Development Lands" - "Consolidated Conditions of Draft Approval" - "Tree Preservation Plan" - "Landscape Plan" - "Architectural Control Standards" Schedule "J-1" Schedule "S-1" Schedule "T-1: Schedule "U-1" Schedule "W-1" 1.3 The text of the Recitals and Schedules to this First Amending Subdivision Agreement are deemed to have the same effect as they would have if they had been expressed as covenants and conditions in this First Amending Subdivision Agreement. 1.4 Except as otherwise provided, the terms used in this First Amending Subdivision Agreement have the same meaning as they have in the Subdivision Agreement. 1.5 The amendments of the draft Plan of Subdivision 18T-88051 contained in Schedule "B-1" to this First Amending Subdivision Agreement are deemed to amend approved draft Plan of Subdivision 18T-88051 contained in Schedule "B" of the Subdivision Agreement. 2.0 Application of Subdivision Aareement 2.1 The lands described in Instrument DR408376 shall be deemed to be part of the Lands described in the Subdivision Agreement. Except as otherwise provided in this First Amending Subdivision Agreement, all of the provisions of the Subdivision Agreement continue to apply in respect of the "New Development Lands" . 2.2 For clarity, except as otherwise provided in this First Amending Subdivision Agreement, the provisions of the Subdivision Agreement continue to apply to the Lands and time shall continue to be of its essence. 2.3 Notwithstanding any other provision of the Subdivision Agreement as amended by this First Amending Subdivision Agreement, the Municipality acknowledges and agrees that: a) to the extent that any covenant, agreement or liability of the Owner contained in the Subdivision Agreement, as amended by this First Amending Agreement, does not relate to services, works, improvements or landscaping to be constructed or undertaken within the New Development Lands, and the inclusion of a specified warning clause in offers of purchase and sale of dwellings located in whole or in part on the New Development Page 4 Lands, the Owner of the New Development Lands shall have no obligation or responsibility for the performance, fulfillment or satisfaction of such covenant, agreement or liability; and b) the Consolidated Conditions of Approval of draft Plan of Subdivision 18T- 88051 applicable to the New Development Lands are as stated in the "Consolidated Conditions of Draft Approval", annexed hereto as Schedule "S-1". 3.0 Amendment to Section 4.12 - Special Conditions of Subdivision Agreement 3.1 Paragraph 4.12 of the Subdivision Agreement is hereby amended by adding the following new subparagraph 15 thereto: "(15) The Owner agreed to retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall include coniferous plantings within Block 38 and within the Boulevard area adjacent to Block 27. The noise fence is to be designed with enhanced detailing. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time." 4.0 Amendment to Schedule "F" of the Subdivision Agreement 4.1 Schedule "F" of the Subdivision Agreement is hereby amended by adding the words and figures under Section 1 Dedication of Lands Phase Subsequent to Phase 1 of the Development of the Lands (18T-88051 ): "Block 34 Block 35 Blocks 36 and 37 Block 38 Open Space Road Widening 0.3 Metre Reserve Landscape Block" 5.0 Addition of New Schedule "J-1" to the Subdivision Agreement 5.1 A new Schedule "J-1" "Works Cost Estimate Respecting New Development Lands" with the content of Schedule "J-1" attached to this First Amending Subdivision Agreement is added to the Subdivision Agreement. Whenever reference is made to Schedule "J" in the Subdivision Agreement the reference is amended to be a reference to Schedules "J" and "J-1". 6.0 Amendment to Schedule "M" of the Subdivision Agreement 6.1 Schedule "M" of the Subdivision Agreement is amended by deleting the heading and text of the paragraph entitled "Phase Subsequent to Phase I of the Page 5 Development of the Remaining Lands" and replacing them with the heading and text set out below: "Phase(s) Subsequent to Phase I of the Development of the Lands Lots 1-26 Single Family Dwelling Units Blocks 27-33 Blocks 27-31 shown on draft Plan of Subdivision 18T-88051, as amended to be added to Parts 1 to 5, inclusive shown on Reference Plan 40R-24331 for five Single Family Dwelling Units Open Space Block Road Widening 0.3 Metre Reserves Landscape Block" Block 34 Block 35 Blocks 36 & 37 Block 38 7.0 Amendment to Schedule "a" of the Subdivision Agreement 7.1 Schedule "a" of the Subdivision Agreement is amended by adding at the end thereof the following conditions: "10. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: a) the intended means of conveying storm water flow from the site, including use of storm water techniques which are appropriate and in accordance with the provincial guidelines. The storm water management facilities must be designed and implemented in accordance with the recommendations of The Master Plan; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act; and d) on-site groundwater conditions and contributions to the base flow of Creek, and necessary measures to maintain these contributions." 8.0 Amendment to Schedule "S" of the Subdivision Agreement 8.1 Schedule "S" of the Subdivision Agreement is amended by adding the following paragraphs immediately before the words "Condition of Draft Approval" on the first page of Schedule "S" ". "REVISED CONDITIONS OF DRAFT APPROVAL DATED MARCH 14,2006. Condition NO.1 is deleted and replaced with a new Condition NO.1 as follows: "1. That this approval applies to Draft Plan of Subdivision 18T-88051, prepared by G.M Sernas & Associates Ltd., identified as Project No. 94006 Page 6 approved on September 11, 1990, as amended on October 25, 1994 and December 17, 1998, is further amended in accordance with Drawing 2592 dated August 23, 2005 and revised on January 16, 2005 prepared by The Biglieri Group Ltd. which illustrates 71 lots for 71 single detached units, 9 lots for 18 semi-detached units, 7 Blocks for part lots, a park block, several open space blocks, and various blocks for reserves and road widenings." Condition NO.4 is deleted and replaced with a new Condition NO.4 as follows: "4. That Blocks 91 to 93, and 109 be dedicated as public highway(s) for the purpose of widening Mill Lane and Scugog Streets." Condition Nos. 7, 14, 18 and 19 are deleted in their entirety and the following conditions are re-numbered accordingly. Renumbered Condition No. 14 is deleted and replaced with a new Condition No. 14 as follows: "14. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall include coniferous plantings within Block 109 and within the Boulevard area adjacent to Block 102. The noise fence is to be designed with enhanced detailing. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time." The following new conditions are added after renumbered Condition No. 22: "23. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code." "24. That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality." "25. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge by-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner." "26. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria." "27. That the Owner shall cause all utilities, including hydro, telephone, Cable TV, etc. to be buried underground." "28. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: a) the intended means of conveying storm water flow from the site, including use of storm water techniques which are appropriate and in accordance with the provincial guidelines. The storm water Page 7 management facilities must be designed and implemented In accordance with the recommendations of The Master Plan' , b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act; and d) on-site groundwater conditions and contributions to the base flow of Creek, and necessary measures to maintain these contributions." Renumbered Condition No. 28 is deleted and replaced with a new Condition No. 29 and notes as follows: "29. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) The Region of Durham, how Conditions 18, 19 and 21 have been satisfied; b) Central Lake Ontario Conservation Authority, how Conditions 10, 11, 15.16,17,22 and 28 have been satisfied." NOTES: 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date." 2. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement shall be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Region of Durham Planning Department, 605 Rossland Road East, P.O. BOX 623, Whitby, Ontario, L 1 N 6A3 - (905) 668-7711. b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, L 1 H 3T3 - (905) 579-0411." 3. All references to the Town of Newcastle have been replaced with the Municipality of Clarington and that the Central Lake Ontario Conservation Authority will clear the Ministry of Natural Resources conditions of approval. 8.2 Schedule "s" of the Subdivision Agreement is further amended by adding a new Schedule "S-1" at the end thereof in the form and with the content of Schedule "S- 1" "Consolidated Conditions of Draft Approval" contained in Schedule "S-1" attached to and forming part of this First Amending Subdivision Agreement. '. Page 8 9.0 Amendment to Schedule liT" of the Subdivision Agreement 9.1 Schedule "T" of the Subdivision Agreement is amended by adding a new Schedule "T-1" containing a reduced copy of the Tree Preservation Plan for approved Plan of Subdivision 18T-88051 dated February 13, 2006 in the form and with the content of the Tree Preservation Plan retained in Schedule "T-1" attached to this First Amending Subdivision Agreement. All references to Schedule IT' in the Subdivision Agreement are amended to be references to Schedules "T" and "T-1". 1 0.0 Amendment to Schedule "U" of the Subdivision Agreement 1 0.1 Schedule "U" of the Subdivision Agreement is amended by adding a new Schedule "U-1" containing a copy of the Landscaping Plan revised and approved on February 13, 2006 in the form and with the content of Schedule "U-1" attached hereto. All references to Schedule "U" in the Subdivision Agreement are amended to be references to Schedules "U" and "U-1 ". 11.0 Addition of New Schedule "W-1" and Amendment to Paragraph 4.8 of the Subdivision Agreement 11.1 A new Schedule "W-1" Architectural Control Standards in the form and with the content of Schedule "W-1" attached hereto is added to the Subdivision Agreement. 11.2 Paragraph 4.8 of the Subdivision Agreement is amended by adding the following at the end thereof: "The design of all dwellings permitted to be erected on the lands described in Instruments Nos. DR408376 and DR458539 registered in the Land Registry Office shall receive the written approval of the Director of Planning Services confirming that the designs of the dwellings satisfy the Architectural Control Standards contained in Schedule "W-1" hereto before the Owner applies for building permits to construct the same." 12.0 Registration of First Amending Subdivision Agreement 12.1 The Owner of the New Development Lands consents to the registration of a Notice of this First Amending Subdivision Agreement on the title to the New Development Lands. 13.0 Authoritv to Make Agreement 13.1 The Owner of the New Development Lands acknowledges and agrees that the Municipality has authority to enter into this First Amending Subdivision Page 9 Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this First Amending Subdivision Agreement is made by the Municipality in reliance on the acknowledgement and agreement of the Owner of the New Development Lands as aforesaid. 14. Enurement The First Amending Subdivision Agreement shall ensure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. 15. Time of Essence Time is of the essence of this First Amending Subdivision Agreement. Page 10 IN WITNESS WHEREOF the corporate parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: ) THE CORPORATION OF THE ) MUNICIPALITY OF CLARINGTON ) ) ) ) ) ) ) ) ) ) ) ) ) 2075568 ONTARIO INC. ) ) ) ) ) ) ~ ,y-()/~,- ) nna Messina LY' ) We have the authority to bind the Corporation. ~AJJJ II- fI~Ss/~J4 ) ~ I VELTRI AN MlvL ) M rio Veltri ) I have the authority to bind the Corporation. ) ~ John Mut n, ayor ~.~ ,1Nvf dA~ Philip [ucchese I.~O Cu<crtESE" SCHEDULE "A" THIS IS SCHEDULE "A" to the First Amending Subdivision Agreement which has been authorized and approved by By-law 2006-093 of the Corporation of the Municipality of Clarington, enacted and passed the 18th day of April 2006. LEGAL DESCRIPTION OF THE LANDS ALL AND SINGULAR that certain parcel or tract of land and premise situated, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham and being composed of Parcel 13-1, Section Concession 2, being Part 1 of Plan 10R- 658, SAVE AND EXCEPT Parts 1, 2, 3,4, and 5 on 40R-16646. SCHEDULE "B-1" THIS IS SCHEDULE "B-1" to the First Amending Subdivision Agreement which has been authorized and approved by By-law 2006-093 of the Corporation of the Municipality of Clarington, enacted and passed the 18th day of April 2006. Reduction of Amendment to Approved Draft Plan 18T -88051 Amendment to Draft Plan 0* Subdivision 18T-880S1 PART OP LOT 13. CONC...ION 2 (O.OGRAP'M'C '1'OWNaH'p OP D......LINGTON) N__ In 'he Munlcl1Hl11ty of C..rln.ton Region.' Munlolpallty of Durh.m FXCI!'=:f1r'"?" rROM 1'lJT_A60~" ^S ^I"Jf"'''~"f'"n ,IUL'V :,~fl, ,~...",,<. KEY PLAN ~ t~ . Bl,jbjedS~. SCHEDULE OF LAND USE lOW DOttm' UDIN1\H.. ,~~uml-t.~~:.."'.,. ~~:;~~;~~:7M """O'~' l'f~-=-.--~Ir'ii?~~) mH.'l.01'I~"'.IIDIlIJnW,(~~/~~' PAIll' LOri .~~;.~~.._-!t~-f'! ',I,Ml -.-ell CPOl!IPACt -IUICIII...... 1.11I III o.3In~ .___11" .-_ 1tOAO...... .. IllllIl'I ...... ''''':'-~1't-~ ttOADSft.,,,,_o.k- ..."'u.- .........0.... ..... .. ..-- ~~-..-._~ ~ ,..,.. .. I.." my" ABA" ......lIol ~~~~!. ~ ~ ~-~ ,:.1 ADDITIONAL INPORMATION AS R!QUIR~O UNOfR SECT10N 51(2) 0' M PLANNING ,l,CT A.S O. 1910. (-X~K.Kfl(.JllI(I~"""-""II'lII"" 1.,.Ao_""....llI.ft.....Kty""'" (""L,",IO"_dl"_~"'''''''~'''l.a/lIlu., ~~"""","/lI1"-.d l~w.~''''''''''''''_I. NO'!!'Conll>JP'IteII..k1C.....,II"o.oa...,OIlulII SURVEYOR". CI!RTIPICATI! IhflMby~rtryltw!l'lItIb<ou..cl_o1llltl""llltabe"'-YIdI<lIlIIlCl'Ml/lllll1l1 "''''tlndthelfrtl8lkmIh~'''tlMld)ll:lI",II1ldI'J'I~...4~ctIYII\Q\m IhIwmIll M:COI'llIllC:8 "illl IPI.nol ",^",ybr; S.lortgil'l.ltubml'ltlol'lfor""",,Oldmel'lllaOfIflPlallllr-eeoel S<IlUc"""..I.U.HlmrI ~ O~I,,"O L."d 5u"'l'O" OWNI!R". AUTHORIZATION IIMJ'lby lut\OrtI. The 8l1ll1er1 0_., lkl. '" IlrIpm ,1'd.,bmII ,tI~ Mwldment ID DrIl1l PIe" of8lMv1tlcmtoIlllM..,ll:ipIIItyflfClIIInglorI Selorlglnll!liUbmilllDnf"'.Am~en1toO"'ft"""1..eeo51 l'blILucch..., om--- lnn5l>" ~o 1M (HI,hll'm H""'~') .... IIU,,"-OINCJ IDE.... INTO "~_ll r;, ~ .,:';;, ~.o ~ fL. rZ" ,:;. en. ~,'} \U ~" PL..."'"I"'G, DIIV'IILO.....NT . """,,,flIT M......allM."'T OO"'.UL T_TS 20\..'II.SI"'1.~un.2".foronlo.ON fIA'M3l4 n.IIp_,41e--l'l"~1155F.""ItnI""1.....,.t1J3 1",~b~I1fv""'P.O'"'' ..u...... 23. ao08 ~~~"."~" --,~"" ,.-.,..,,"....' II ~:'-f''' , ~ SCHEDULE "J-1" THIS IS SCHEDULE "J-1" to the First Amending Subdivision Agreement which has been authorized and approved by By-law 2006-093 of the Corporation of the Municipality of Clarington, enacted and passed the 16th day of February 2006. Works Cost Estimate: New Development Lands ITEM DESCRIPTION AMOUNT 1 Grading R.O.W. $ 45,670.80 2 Siltation Control $ 13,770.00 3 Storm Sewers $ 89,706.12 4 Roads - Year 1 $ 92,321.50 5 Street Lighting $ 8,400.00 6 Roads - Year 2 $ 42,730.90 7 Blvd. Topsoil/Sod $ 9,172.00 8 Driveway Aprons $ 16,035.84 9 Street Trees $ 25,302.00 10 Fencing $ 105,875.00 11 Miscellaneous Landscaping $ 31,000.00 Sub-total $ 479,984.16 f-- - $ 23,999.21 5% Contingency Sub-total $ 503,983.37 10% Engineering $ 50,398.34 Sub-total $ 554,381.71 7% G.S.T. $ 38,806.72 Tot al Cost Estimate $ 593,188.43 TOT AL LETTER OF CREDIT $ 593,188.43 SCHEDULE "S-1" THIS IS SCHEDULE "S-1" to the First Amending Subdivision Agreement which has been authorized and approved by By-law 2006-093 of the Corporation of the Municipality of Clarington, enacted and passed the 16th day of February 2006. CONSOLIDATED CONDITIONS OF DRAFT APPROVAL - March 14,2006 Revised Draft Plan of Subdivision 18T-88051 Part Lot 11, Concession 2, Former Town of Bowmanville 1. That this approval applies to Draft Plan of Subdivision 18T -88051, prepared by G.M Sernas & Associates Ltd., identified as Project No. 94006 approved on September 11, 1990, as amended on October 25, 1994, and December 17, 1998, is further amended in accordance with Drawing 2592 dated August 23, 2005, and revised on February 8, 2006, prepared by The Biglieri Group Ltd. which illustrates 71 lots for 71 single detached units, 9 lots for 18 semi-detached units, 7 Blocks for part lots, a park block, several open space blocks, and various blocks for reserves and road widenings. 2. That the road allowances included in this draft plan shall be dedicated as public highways. 3. That the road allowances included in this draft plan shall be named to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 4. That Blocks 91 to 93, and 109 be dedicated as public highway(s) for the purpose of widening Mill Lane and Scugog Streets. 5. That 0.3 metre reserve(s), shown as Blocks 85 to 90 on the draft plan, shall be conveyed to the Municipality of Clarington. 6. That any deadends and/or open sides of road allowances created by this draft plan shall be terminated in 0.3 metre reserve(s) to be conveyed to the Municipality of Clarington. 7. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 8. That such easements as may be required for utilities, drainage and servicing purposes shall be granted to the appropriate authorities. 9. That the land uses shown on the approved draft plan shall be placed in appropriate zoning categories in a Zoning By-law passed by the Council of the Municipality of Clarington in accordance with the Planning Act 1983, as amended. 10. That the Zoning By-law referred to in Condition 9 shall contain the appropriate provisions to place in an EP zone and restrict any building or structure, other than those necessary for flood or erosion control, on Blocks 81, 82, 83 and 84. 11. That Block 80 shall be dedicated to the Municipality of Clarington, and Blocks 81, 82, 83 and 84 shall be dedicated to the Central Lake Ontario Conservation Authority. Schedule "S-1" - 2 - 12. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall include coniferous plantings within Block 109 and within the Scugog Street Boulevard adjacent to Block 102. The noise fence is to be designed to include enhanced detailing. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 13. That the Owner submit to the Municipality of Clarington for review and approval, a Master Drainage and Lot Grading Plan prepared by a professional engineer. 14. That the Owner submit to the Municipality of Clarington for review and approval, a Tree Preservation Plan prepared by a qualified consultant. 15. That the Owner resubmit modified storm water management, drainage and erosion control plans, acceptable to the Ministry of Natural Resources and the Central Lake Ontario Conservation Authority. 16. That the Owner carry out a geotechnical/slope stability analysis to the satisfaction of the Central Lake Ontario Conservation Authority. 17. That the Owner satisfy the Central Lake Ontario Conservation Authority that no lots abutting Block 81 shall be flood-prone under the greater of Regional or 100- year storm conditions. 18. That thee Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 19. That prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 20. That prior to final approval of this plan, the Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Town concerning the provision and installation of roads, services, drainage and other local services. 21. That prior to final approval of this plan, the Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 22. That the subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters the following provisions: a) The Owner shall carry out, or cause to be carried out, to the satisfaction of the Ministry of Natural Resources and Central Lake Ontario Conservation Authority, the recommendations referred to in the report required in Condition 15. Schedule "S-1" - 3 - b) The Owner shall carry out, or cause to be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority, the recommendations of the Northwest Bowmanville Master Drainage Plan. c) The Owner shall carry out, or cause to be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority, the recommendations of Condition 16. d) That the Owner agrees to neither dredge, dam nor alter in any way the tributary of Bowmanville Creek without prior written authorization from the Ministry of Natural Resources according to the terms of the Lakes and Rivers Improvement Act. e) That the Owner agrees to notify the Lindsay Ministry of Natural Resources office at least 48 hours prior to the initiation of anyon-site developments. 23. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 24. That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 25. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge by-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. 26. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 27. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 28. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: a) the intended means of conveying storm water flow from the site, including use of storm water techniques which are appropriate and in accordance with the provincial guidelines. [The storm water management facilities must be designed and implemented in accordance with the recommendations of the Master Plan]; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; Schedule "S-1" -4- c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act; and d) on-site groundwater conditions and contributions to the base flow of Creek, and necessary measures to maintain these contributions. 29. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: c) The Region of Durham, how conditions 18, 19, and 21 have been satisfied; d) Central Lake Ontario Conservation Authority, how Conditions 10, 11, 15, 16, 17, 22 and 28 have been satisfied; NOTES TO DRAFT APPROVAL 1. As the Owner of the proposed subdivision, it is in your interest, as well as your responsibility, to satisfy all conditions of draft approval in an expeditious manner. 2. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 3. When the municipality completes the preparation of the Zoning By-law referred to in Conditions 9 and 10, said By-law must be circulated to the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources to facilitate clearance of the above-noted Condition. 4. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 5. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement shall be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Region of Durham Planning Department, 605 Rossland Road East, P.O. BOX 623, Whitby, Ontario, L 1 N 6A3 - (905) 668-7711. b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, L 1 H 3T3 - (905) 579-0411. SCHEDULE "T -1" THIS IS SCHEDULE "T-1" to the First Amending Subdivision Agreement which has been authorized and approved by By-law 2006-093 of the Corporation of the Municipality of Clarington, enacted and passed the 18th day of April 2006. TREE PRESERVATION PLAN A copy of the Tree Preservation Plan, as approved is on file with the Municipality of Clarington and can be viewed at 40 Temperance Street, Bowmanville in the offices of the Engineering Services Department. SCHEDULE "U-1" THIS IS SCHEDULE "U-1" to the First Amending Subdivision Agreement which has been authorized and approved by By-law 2006-093 of the Corporation of the Municipality of Clarington, enacted and passed the 18th day of April 2006. "LANDSCAPING PLAN" A copy of the Landscaping Plan, as approved is on file with the Municipality of Clarington and can be viewed at 40 Temperance Street, Bowmanville in the offices of the Engineering Services Department. SCHEDULE "W-1" THIS IS SCHEDULE "W-1" to the First Amending Subdivision Agreement which has been authorized and approved by By-law 2006-093 of the Corporation of the Municipality of Clarington, enacted and passed the 18th day of April 2006. ARCHITECTURAL CONTROL STANDARDS 1. The Owner acknowledges and agrees that prior to the issuance of building permits for the construction of any dwellings on the lands, the Owner shall comply with the Municipality's Council approval Architectural Control Design Guideline Policy approved by Council Resolution #C-513-02, on September 30,2002. 2. The Owner acknowledges and agrees that architectural control services provided by the Municipality's Control Architect will be conducted on a full cost recovery basis and that he will indemnify the Municipality respecting such costs forthwith after written demand is made by the Director of Planning Services. 3. The Owner acknowledges that only model working drawings bearing the stamp of the Control Architect shall be eligible for submission to the Municipality of Clarington. 4. For the purposes of this Schedule the term: "a) General Architectural Design Guidelines" shall mean the guidelines approved by the Municipality's Council by its approval of the General Purpose and Administration Committee recommendation contained in Reports PSD-096-02 through its adoption of Resolution C-513-02 at the Council meeting on September 30, 2002. b) "Municipality's Control Architect" means the architect retained by the Municipality to provide advice on architectural designs and design themes for plans of subdivision."