HomeMy WebLinkAbout2007-114
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-114
being a By-law to authorize entering into an Amending Agreement with the Owners of
Plan of Subdivision 18T-87087 and any Mortgagee whom has an interest in the said
lands, and the Corporation of the Municipality in respect of 18T -87087
WHEREAS, Council on May 22, 2007, approved an amendment to draft Plan of Subdivision
18T-87087 located in Part Lot 12, Concession 2, former Town of Bowmanville;
AND WHEREAS, the Owner(s) of draft Plan of Subdivision 18T-87087 is now ready to proceed
to finalizing and Amendment to a Subdivision Agreement; and,
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington hereby 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 Owners of the Plan of Subdivision 18T-87087.
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 28th day of May, 2007
BY-LAW read a second time this 28th day of May, 2007
BY-LAW read a third time and finally passed this 28th day of May, 2007
,-
DATED:
September 6
,2007
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
- and -
HALLOWAY HOLDINGS LIMITED
AMENDING AGREEMENT
The Corporation of the Municipality of Clarington
Planning Services
40 Temperance Street
Bowmanville, ON L 1 C 3A6
File No.: 18T-87087
.,
I
THE SECOND AMENDING AGREEMENT made as of the 6th day of Sept~ 2007
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter called the "MUNICIPALITY")
OF THE FIRST PART
HALLOWAY HOLDINGS LIMITED
(hereinafter called the "OWNER")
OF THE SECOND PART
WHEREAS:
A. The Parties hereto have made an Agreement as of July 25, 1996 pursuant to
Subsection 51 (6) of the Planning Act, (the "Subdivision Agreement").
B. The Subdivision Agreement applies to the lands and premises more particularly
described in Schedule "A" and notice of its is deposited against the title to the
Lands under Instrument No. LT768844 in the Land Registry Office flJr the Land
Titles Division of Durham (No. 40) on August 29th, 1996.
C. The First Amending Agreement was made pursuant to Subsection 50(5) of the
Planning Act. It was authorized by By-law 2000-121 passed by the Municipal
Council on July 10th, 2000.
D. The First Amending Agreement applies to the Lands described in Schedule "A"
attached hereto.
E. This Second Amending Agreement is made pursuant to the provisions of Section
51 of the Planning Act. It is authorized by By-law No. 2007-114 passed by the
Municipal Council on May 28th, 2007.
F. The Second Amending Agreement applies to the Lands described in Schedule
"A" attached hereto.
G. The Owner is the Owner in fee simple absolute of the Lands therein.
H. The Parties hereto have agreed to amend the Subdivision Agreement as
hereinafter set forth entering into this Second Amending Agreement.
Page 2
NOW THEREFORE WITNESSETH THAT in consideration of the pn~mises 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 others (the receipt whereof by each
Party is hereby acknowledged), the Parties hereto covenant and agree to and with the
other as follows:
1. The Subdivision Agreement is amended as follows:
(a) by adding the following new paragraphs immediately following 4.9(e):
"4.9 (f)
The Owner acknowledges and agrees to include and/or
attach to all Offers of Purchase and Sale Agreement for Lot
266 on Draft Plan of Subdivision (shown as Lot 266 on the
draft 40M-Plan), the following warning clause:
"The Purchaser is advised that decorative landscape
features such as fencing (wood, stone or metal), signage or
plantings provided on their property at the siqht triangle
delineate the property boundary and provide a buffer from
the intersection. It is the Owner's responsibility to maintain
the said decorative landscape feature."
4.9 (g)
The Owner acknowledges and agrees to include and/or
attach to all Offers of Purchase and Sale, the following
warning clause:
'The Purchaser acknowledges that the lot shall be graded by
the Purchaser's builder in accordance with plans approved
by the Municipality of Clarington and that issue's regarding
quality of workmanship should be directed to the Purchaser's
builder. Such lot grading may be required to accommodate
drainage trom surrounding lands and may include swales,
slopes ami retaining walls and where applicable, sewers and
catchbasins on easements. In order to accommodate
existing constraints such as existing topography, existing
physical features on adjacent lands, the final gfCIding design
may vary from the Municipality's guidelines, as determined
appropriat'9 by the Director of Engineering Services. The
Purchaser is advised these measures may limit the use of
certain areas of their property and must satisfy themselves
with respect to the final grading of their lot. "
Page 3
(b) by adding at the end of paragraph 4.12(6) the following:
"For the purposes of clarification; rough grading shall mean grading the
Park Block to the grades shown on the approved Part Site Master Plan
prepared by Henry Kortekass and Associates, dated July 27, 2006,
complete with 200 mm of topsoil cover. Servicing shall include installation
of all catch basins, storm water servicing as per approved Part Site Master
Plan. Furthermore, services such as hydro and water shall be stubbed at
the property line along the park frontage to the satisfaction of the Director
of Engineering Services."
(c) by adding the following new paragraphs as follows:
"4.12 (17) The Owner acknowledges and agrees to implement the
recommendations of the report, entitled "Noise Impact
Study", prepared by Semas and Associates, dated
September 2006, or any revisions which specifies noise
attenuation measures for the development. The measures
shall be included in the Subdivision Agreement and must
also contain a full and complete reference to the Noise
Report (ie. Author, title date and any revision/addenda) and
shall include any required waming clauses identified in the
Study in the Purchase and Sale Agreement.
i
14.12(18)
I
The Owner acknowledges and agrees that the following
waming clauses will be inserted and/or attached to all offers
of Purchase and Sale of dwellings for the lots/blocks as
described and shown on the Noise Impact Study Drawing
No. N-002, Project No. 062001 and Draft 40M-Plan.
. Lots 196, 197, 225, 226 to 264, 267 to 290 and 331 (as
shown on the Noise Impact Study drawing N-002, Project
No. 062001);
. Lots 52,53,81, 82 to 120, 123 to 146 and 187 as shown
on Draft 40M-Plan.
"Wamina Clause TVDe 'A'
Purchasers are advised that sound levels due to increasing
road traffic and the proposed school development may
occasionally interfere with some activities of the dwelling
occupants as the sound level will exceed the Ministry of
Environment's noise criteria."
"nn~
nnnn .....,., .......... -"TT7T ........nT .nn.. ,Tn)On
4.12 (19)
Page 4
. Lots 145,265,266,311 and 312 (as shown on the Noise
Impact Study drawing N-002, Project No. 062001);
. Lots 1, 121, 122, 167 and 168 (as shown on the Draft
40M-Plan)
"Warnina Clause TVDe 'B'
Purchasers are advised that despite the inclusion of noise
abatement features within the development area, sound
levels from road traffic and the proposed school
development may be of concern, occasionally interfering
with some activities of the dwelling occupants as the sound
level will exceed the Ministry of Environment's noise criteria. "
. Lots 196, 197, 225, 226, 264, 267 to 290 and 331 (as
shown on the Noise Impact Study drawing N-002, Project
No. 062001);
. Lots 52, 53, 81, 82, 120,123 to 146 and 187 (as shown
on the Draft40M-Plan)
'Warnina Clause TVDe 'C'
This dwelling unit was fitted with ducting sized to
accommodate a central air conditioning unit. The installation
of central air conditioning by the homeowner will allow
windows and exterior doors to be kept closed, thereby
achieving indoor sound levels within the limits recommended
by the Ministry of Environment. (Note: care should be taken
to ensure that the condenser unit is located in an area that is
not sensitive to noise. The sound rating of central air
conditioning units must not exceed the sound emission
. standards established by the Ministry of Environment. "
· Lots 145, 265, 266, 311 and 312 (as shown on the Noise
Impact Study drawing N-002, Project No. 062001);
. Lots 1, 121, 122, 167 and 168 (as shown on the Draft
40M-Plan)
"Warnina Clause Tyve '0'
This residential unit is fitted with central air conditioning to
allow the windows and exterior doors to remain closed,
thereby achieving indoor sound levels within the limits
recommended by the Ministry of Environment. (Note: care
should be taken to ensure that the condenser unit is located
in an area that is not sensitive to noise)."
The Owner acknowledges and agrees to construct noise
attenuation fencing in the following locations. Said fencing
will be designed in compliance with the recommendations of
the Noise Impact Study as described within paragraph 4.12
(17). Furthermore, the Owner agrees a warning clause will
be inserted and/or attached to all Offers of Purchase and
Page 5
Sale of dwellings for the lots/blocks as described and shown
on the Noise Impact Study Drawing No. N-001, Project No.
06200 and draft 40M-Plan to include a warning clause in all
Offers of Purchase and Sale.
. Lot 145 as shown on the Noise Impact Study drawing N-
002, Project No. 062001 (Lot 1 on the draft 40M-Plan)
along the westerly lot line, connecting to the westerly
wall of the dwelling unit as shown on the Noise Impact
Study drawing. Furthermore, a gate providing access
to the rear yard will be provided along the portion of
the fencing tying back into the westerly wall of the
dwelling unit. The gate is to be designed and
constructed in compliance with the recommendations
and intent of the noise Impact Study.
. Lot 265 as shown on the Noise Impact Study drawing N-
002, Project No. 062001 (Lot 121 on the draft 40M-Plan)
along the rear and westerly lot line, connecting to the
westerly wall of the dwelling unit as shown on the
Noise Impact Study drawing. Furthermore, a gate
providing access to the rear yard will be provided
along the portion of the fencing tying back into the
westerly wall of the dwelling unit. The gate is to be
designed and constructed in compliance with the
recommendations and intent of Noise Impact Study.
. Lot 266 as shown on the Noise Impact Study drawin!~ N-
002, Project No. 062001 (Lot 122 on the draft 40M-Plan)
along the westerly lot line, connecting to the westerly
wall of the dwelling unit as shown on the Noise Impact
Study drawing. Furthermore, a gate providing acc;ess
to the rear yard will be provided along the portion of
the fencing tying back into the westerly wall of the
dwelling unit. The gate is to be designed and
constructed in compliance with the recommendations
and intent of the Noise Impact Study.
4.12 (20)
4.12(21)
Page 6
. Lot 311 as shown on the Noise Impact Study drawing N-
002, Project No. 062001 (Lots 167 on the draft 40M-Plan)
along the westerly lot line, connecting to the westerly
wall of the dwelling unit as shown on the Noise Impact
Study drawing. Furthermore, a gate providing access
to the rear yard will be provided along the portion of
the fencing tying back into the westerly wall of the
dwelling unit. The gate is to be designed and
constructed in compliance with the recommendations
and intent of the Noise Impact Study.
. Lot 312 as shown on the Noise Impact Study drawing N-
002, Project No. 062001 (Lot 168 on the draft 40M-Plan)
along the westerly and northerly lot line, over to the
easterly lot line. The provision of fencing along the
northerly lot line is required as noise fencing has not
been provided on the lands to the north of the subject
lands. Said fencing along the westerly lot line is to
connect to the westerly wall of the dwelling unit as
shown on the Noise Impact Study drawing.
Furthermore, a gate providing access to the rear yard
will be provided along the portion of the fencing tying
back into the westerly wall of the dwelling unit. The
gate is to be designed and constructed in compliance
with the recommendations and intent of the Noise
Impact Study.
The Owner acknowledges and agrees to prepare a plan, to
the satisfaction of the Director of Planning Services and
Director of Engineering Services, which details the
subdivision's visual themes to enhance the identity of the
neighbourhood. This will include upgraded streetscapes, the
use of strategically located entrance features and plantings.
The Owner acknowledges and accepts responsibility (100%)
for the cost of Architectural Design Guidelines specific to this
Development, as well as the cost for the "Control Architect"
to review and approve all proposed models and building
permits, to the satisfaction of the Director of Planning
Services.
4.12(22)
4.12(23)
4.12 (24)
4.12 (25)
4.12 (26)
4.12 (27)
Page 7
The Owner acknowledges and agrees that no residential unit
shall be offered for sale to the public on said plan until such
time as Architectural Control Guidelines and the exterior
architectural design of each building has been approved by
the Municipality's Control Architect.
The Owner acknowledges and agrees no building permit will
be issued for the construction of any building on any
residential lot or block on said plan until the Architectural
Control Guidelines for the development and the exterior
architectural design of each building and the location of the
building has been approved by the Municipality's Control
Architect.
The Owner acknowledges and agrees all utilities, hydro,
telephone, Cable TV, etc. will be underground.
The Owne,r acknowledges and agrees that prior to the
issuance of any building permits to remove any temporary
turning circles located immediately adjacent to said Lands
which are in existence at the time of construction to the
satisfaction of the Director of Engineering Services.
Furthermore, the Owner shall reconstruct any external
connections to an urban standard, including asphalt paving,
curb, gutter, boulevard sodding, sidewalks, stmet lighting,
and street trees in accordance with the Municipality's Design
Criteria and Standard Drawings, to the satisfaction of the
Director of Engineering Services.
The Owner acknowledges and agrees this development
cannot proceed until such time the Municipality has
approved the expenditure of funds for the provision of the
construction of any works that have been included in the
Municipality's Development Charges By-law and that are
deemed necessary by the Director of Engineering Services
to service said Lands.
The Owner acknowledges and agrees to meet all the
requirements of the Engineering Services Department,
financial or otherwise.
4.12 (28)
4.12 (29)
Page 8
The Owner acknowledges and agrees where the Director of
Planning Services and Direct of Engineerin!~ Services
determines an Adult Crossing Guard is required due to
safety concerns for children crossing a street where such
safety concerns are raised by vehicular traffic from
construction activity or altered vehicular traffic patters due to
construction activity, the Owner will reimburse the
Municipality the costs attributed by the aforesaid Directors of
the Municipality's placement of an Adult Crossing Guard on
a temporary basis forthwith after being required to do so by
written notice given by the Director of Planning Services.
The Owner also acknowledges and agrees the length of time
the temporary Adult Crossing Guard is required will be
determined by the aforesaid Directors in their sole discretion.
The Owner acknowledges and agrees at his cost, to display
plans, which clearly indicate the land uses surrounding the
approved Plan of Subdivision and that shows the following
facilities:
. Existing and future roads and interchanges by type;
. Existing and future high-tension hydro transmission
towers/corridors;
. Existing and future sidewalks/bicycle paths and trails;
. Railway lines
. Existing and future transit routes;
. Community mail boxes;
. Stormwater management ponds, blocks and related
facilities;
. Existing and future school by type;
. Existing and future parks by type;
. Existing and future areas of different residential densities;
. Fencing by type (ie. noise attenuation, chain link,
wooden); and,
. Other facilities specified by the Director of Planning
Services.
The Owner further agrees that the display and marketing
materials are to be submitted to the Director of Planning
Services and the Director of Engineering Services for
approval. Said plans and materials must receive approval
prior to issuance of the first permit for a building or structure
to be constructed on any Part of the Lands.
4.12 (30)
4.12 (31)
4.12 (32)
Page 9
The Owner acknowledges and agrees to provide and display
in the sales office/model home/sales pavilion, prior to the
issuance of any building permit relating to any lot or block on
the Plan, a copy of the approved Engineering-GI~neral Plan
of the Lands as it maybe amended from time to time.
Furthermore, the Owner acknowledges and agrees to ensure
that any amendments to the approved Engineering-General
Plan of the Lands, as finally approved and on file with the
Director of Engineering Services, are displayed within the
sales office/trailer/pavilion/model homes immediately after
they are approved.
The Owner acknowledges and agrees if at any time the
required display plans and information approved by the
Director of Planning Services and/or Engineering-General
Plan of the said Lands is not displayed in the sales
office/model home sales/pavilion as approved by the Director
of Planning Services and the Director of Engineering
Services, the Chief Building Official of the Munic:ipality may
refuse to issue further building permits for any lots/blocks on
said Lands subject to this Agreement until such time as the
required display plans and information and/or approved
Engineering-General Plan of the said Lands are so
displayed.
The Owner acknowledges and agrees to display the
following notice on the Lands:
"Any enquiries regarding the approved land uses and zoning
of this subdivision or the surrounding area can be directed to
the Municipality of Clarington Planning Services Department,
40 Temperance Street, Bowmanvile, Ontario, L 1C 3A6 or by
called (905) 623-3379.
Any enquiries regarding the proposed engineering design,lot
grading, utility co-ordination or general construction ca be
directed to the Municipality of Clarington Engineering
Services Department, 40 Temperance Street, Bowmanville,
Ontario, L 1 C 3A6 or by calling (905) 623-3379.
The Planning Services Department will provide this notice to
the Owner so that it may be displayed by the Owner.""
Page 10
(d) Schedule "B" is hereby amended by replacing the reduction of the draft
plan with the draft plan as revised and approved June 2ih, 2007.
(e) Schedule "E" is hereby amended by adding the following wording at the
end of sub-paragraph (1):
"Parts 1-13 on Plan 40R-
Rear yard catch basin easements on
Lots 1,4,5,11 12, 17, 18,23,24,99,
100,120 and 121"
(f) Schedule "F" is hereby amended by:
. deleting the words "Block 324 - Road Widening" and replacing
them with the words "Blocks 325 and 326 - Road Widenings."
. deleting the words "Blocks 314, 315, 316, 319, 320 -. 0.3 Metre
Reserves" and replacing them with the words "Blocks 314, 315, 316
- 0.3 Metre Reserves."
. Adding at the end of paragraph 1, the following words:
"Block 308 - Parkland. "
(g) Schedule "H" is hereby amended by:
. Deleting the wording under paragraph 5 entitled "MAIL
DISTRIBUTION SYSTEM" and replacing it with the following:
"The Owner shall arrange with Canada Post and assume aI/ costs
for the provision, instal/ation and location of community mailboxes
to service this development, in a manner satisfactory to the Director
of Engineering Services."
(h) Schedule "M" is hereby amended by:
. Deleting the paragraph entitled "Phase(s) Subsequent to Phase I of
the Development of the Lands" and replacing it with the following:
"Phase(s) Subsequent to Phase I of the Development ol'the Lands:
Lots or Blocks on 18T-87087
Lots 145 to 331
Blocks 298, 299
Blocks 300,301
Block 307
Block 308
Blocks 313, 313B
Blocks 314,315,316
Block 325, 326
Single Family Dwel/infl Units
Townhouse Units
Future Development
School
Park
Walkways
0.3 Metre Reserves
Road Widenings"
Page 11
(i) Schedule "S" is hereby amended by:
Condition 1 is deleted and replaced with the followinq:
"1. That this approval applies to draft Plan of Subdivision 18T-87087,
prepared by Tunney Planning, identified as project number TUN
184-3, revised by G.M. Sernas and Associates, identified as
drawing number as 94010, dated December 1989, which is draft
approved February 23, 1990 and amended on July 10, 1990, April
19, 1996 and July 10, 2000 is hereby further amended and which
illustrated: 460 units consisting of 284 single detachl~d lots, 94
semi-detached/link lots and 82 on-street townhouse units; a school
block; a block for future development; a park block, various blocks
for reserves, a walkway, road widenings, public road allowances."
Condition 4 is deleted and replaced with the following:
"4. That Blocks 325 and 326 on the revised draft plan shall be
dedicated as public highway for the purpose of widening Scugog
Street. "
Condition 5 is deleted and replaced with the following:
"5. That all 0.3 reserves, shown as Block 314, 315 and 316 on the
revised draft plan, shall be conveyed to the Municipality of
C/arington. "
Condition 6 is deleted and replaced with the following:
"6. That Blocks 313 and 131B on the revised draft plan shall be
dedicated to the Municipality of C/arington as public walkways."
Condition 7 is re-numbered to Condition 7a) and a new condition,
Condition 7b) be added as follows:
"7b) That Block 308 on the revised draft plan be dedicated free and dear
to the Municipality of C/arington for parkland purposes."
Condition 9 is amended by adding the following:
"9. For the purposes of clarification, rough grading shall mE,an grading
the park block to the grades shown on the approved Park Site
Master Plan prepared by Henry Kortekaas and Associates, dated
July 27, 2006 complete with 200 mm of topsoil cover. Servicing
shall include installation of all catch basins, storm water servicing as
per approved Park Site Master Plan. Furthermore, services such
as hydro and water shall be stubbed at the property line along the
park frontage to the satisfaction of the Director of Engineering
Services. "
Condition 19 is deleted and replaced with the following:
"19. That the Owner shall enter into a written Agreement with the
Kawartha Pine Ridge District School Board which provides for the
future acquisition of the school site, shown as Block 307 on the
revised draft plan, on the satisfaction of the School Board. The
Agreement shall, among other matters, require:
a) Block 307 to be rough graded;
b) the approved final grading plans for the surrounding lands to
be provided to the School Board;
Page 12
c) all municipal services provided to the site; and,
d) the installation of a 1.8 metre high chain link fence on the
perimeter of Block 307 where it abuts proposed or existing
residential lands."
The following new conditions be inserted as new Conditions 26 through to
44:
"26. The Owner shall agree in the Municipality of Clarington subdivision
agreement to implement the recommendation of the report, entitled
"Noise Impact Study", prepared by Sernas Associates, dated
September 2006, which specifies noise attenuation measures for
the development. The measures shall be included in the
Subdivision Agreement and must also contain a full and a complete
reference to the noise report (ie. Author, title, date and any
revision/addenda) and shall include any required waming clauses
identified in the study in the Purchase and Sale Agreement.
27. The Owner shall prepare a plan, to the satisfaction of the Director
of Planning Services and the Director of Engineering Services,
which details the subdivision's visual themes to enhance the
identity of the neighbourhood. This includes upgraded
streetscapes, the use of strategically located entrance features and
land tree planting.
28. The Owner shall be 100% responsibility for the cost of Architectural
Design Guidelines specific to this development, as well as 100% of
the cost for the "Control Architect" to review and approve all
proposed models and building permits, to the satisfaction of the
Director of Planning Services.
29. The Owner agrees that no residential units shall be offered for sale
to the public on said plan until such time as Architectural Control
Guidelines and the exterior architectural design of each builcJing
has been approved by the Control Architect and the Director of
Planning Services.
30. The Owner agrees that no building permit shall be issued for the
construction of any building on any residential lot or block on said
plan, until the Architectural Control Guidelines for the development
and the exterior architectural design of each building and the
location of the building on the lot has been approved by the
Municipality of Clarington.
31. The Owner shall cause all utilities, including, hydro, telephone,
Cable TV, etc. to be buried underground.
32. That prior to the issuance of building permits, access routes to the
subdivision must be provided to meet Subsection 3.2.5.2(6) 01' 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 buming as per Subsection 2.6.3.4
of the Ontario Fire Code.
33. The Owner shall submit revised Engineering, Landscaping and
Utilities plans based on the revised draft plan in accordance with
the Municipality of Clarington Design Criteria and Standard
Drawings and to the satisfaction of the Director of Engineering
Services.
Page 13
34. Prior to issuance of building permits, the Owner shall remove any
temporary turning circles located immediately adjacl~nt to this
subdivision which are in existence at the time of construction to the
satisfaction of the Municipality of Clarington. The Owner shall
reconstruct any "external connections" to an urban standard,
including asphalt paving, curb, gutter, boulevard sodding,
sidewalks, street lighting, street trees in accordance with the
standards and requirements of the Municipality of Clarington.
35. The Owner shall assume all costs for provision, installation and
location of community mailboxes to service this development, in a
manner satisfactory to the Director of Engineering Services.
36. The Owner agrees to insert the following clause in thl~ Purchase
and Sale Agreement for Lot 266:
"The Purchaser is advised that decorative landscape features such
as fencing (wood, stone or metal), sign age or plantings provided on
their property at the triangle delineate the property boundary and
provide a buffer from the intersection. It is th,~ Owner's
responsibility to maintain the said decorative landscape feature."
37. All works and services must be designed and constructed in
accordance with the Municipality of Clarington Design Criteria and
Standard Drawings, provisions of the Municipality's Development
By-law and all applicable legislation and to the satisfaction of the
Director of Engineering Services.
38. This development cannot proceed until such timo that the
Municipality has approved the expenditure of funds for the provision
of the construction of any works that have been included in the
Municipality's Development Charge By-law and that are deemed
necessary by the Director of Engineering Services to service this
development.
39. The Owner must meet all the requirements of the Engineering
Services Department, financial or otherwise.
40. The Owner agrees that where the well or private wate.r supply of
any person is interfered with as a result of the subdivision, the
Owner shall at his expense, either connect the affected party to the
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.
41. The Owner shall provide the Municipality with 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 deposits
as may be required by the Municipality.
42. That all land dedications, easements, sight triangles and reserves
as required by the Municipality for this development must be
granted to the Municipality free and clear of all encumbrances and
in a form satisfactory to the Municipality's Solicitor.
43. 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.
Page 14
44. That the Owner supply on disk, in a CAD format acceptable to the
Municipality, a copy of the proposed Plan of Subdivision as Draft
Approved and the 40M-Plan.
All other conditions thereafter be re-numbered consecutively.
Condition 45 a), b) and d) is deleted and replaced with the following new f)
added as follows:
"a) the Municipality of Clarington, how Conditions 1, 2, 3, 4, 5, 6, 7a),
7b), 8, 9, 10, 11, 12, 17, 18, 23 and 25 to 44 have been satisfied;
b) the Ministry of Natural Resources, how Conditions 13, 13A), 25b),
c), d) and e) have been satisfied;
d) the Kawarlha Pine Ridge District School Board, how Condition 19
has been satisfied; and,
f) the Region of Durham, how Conditions 1, 3, 20, 21, 22 and 24 have
been satisfied.
All other conditions thereafter are re-numbered consecutively.
U) Schedule "V" is hereby amended by:
. Deleting the paragraph under the title of Section 'C', "THE
KAWARTHA PINE RIDGE DISTRICT SCHOOL BOARD" and
replacing it with the following paragraph.
. That the Owner shall enter into a written agreement with the Kawarlha
Pine Ridge District School Board which provides for the future
acquisition of the school site shown as Block 307 on the revised draft
plan, on the satisfaction of the School Board. The Agreement shall,
among other matters, require:
~ Block 307 to bl~ rough graded;
~ The approved final grading plans for the surrounding lands to be
provided to the School Board;
~ All municipal s,ervices provided to the site; and
~ The installation of a 1.8 metre high chain link fence on the
perimeter of Block 307 where it abuts proposed or existing
residential lands. "
(k) Schedule "W' is hereby amended by:
. Adding the following paragraphs at the end of Schedule "W"
Page 15
"PHASES SUBSEQUENT TO PHASE 3 OF THE DEVELOPMENT OF
THE LANDS
All dwellings to be erected on the said lands save and except tt.lose within
Registered plans 40M-1852, 40M-1910 and 40M-2020 shall satisfy the
following architectural control standards:
The Owner acknowledges and agrees that prior to the issuancEI of building
permits, the Owner shall comply with the Municipality's Council,
Architectural Control Design Guideline Policy, approved by Council
Resolution #C-513-02, on September3dh, 2002:
. The Owner acknowledges and agrees that architectural control
services provided by the Municipality's Control ArchitE~ct will be
conducted on a full cost recovery basis;
. 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."
2. Except as provided in Paragraph 1 of the Second Amending Agreement, all the
provisions of the Subdivision Agreement are hereby confirmed and continue in
effect.
3. The Owner acknowledges and agrees that the Municipality has authority to enter
into this Second Amending Agreement, that every provision hereof is authorized
by the law and is fully enforceable by the Parties, and that this Second Amending
Agreement is made by the Municipality in reliance on the acknowledgement and
agreement of the Owner of the aforesaid.
4. The Second Amending Agreement shall ensure to the benefit of and be binding
on the Parties hereto, and their respective successors and assigns.
Page 16
IN WITNESS WHEREOF the corporate parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized on that behalf.
SIGNED, SEALED AND
DELIVERED
in the presence of:
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THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
~-
HALLOWAY HOLDINGS LIMITED
;f ~;~:- ~ ~ .~
Name: Title:: -: '" ~ -
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</
J(CJ(),fRi I-I-tlt>l.v fReS<()&sf"-" ~ --
(PLEASE PRINT)
Name: Title:
(PLEASE PRINT)
SCHEDULE "A"
THIS IS SCHEDULE "N' to the Amending Agreement which has been
authorized and approved by By-law 2007-114 of the Corporation of the
Municipality of Clarington, enacted and passed the 28th day of May 2007.
ALL AND SINGULAR that certain parcel or tract of land and premise situate, lying and
being in the Municipality of Clarington, in the Regional Municipality of Durham and
being composed of:
FIRSTLY: Parcel 12-1, Sec. Con. 2 in the Town of Newcastle, in the Regional
Municipality of Durham (formerly Town of Bowmanville) being Part of Lot 12,
Concession 2 and Lots 3, 4,5,6,7,8,9,10, II, 12, 13, and 15 and Part Lots 14 and 16
and Hambly Street and Part of Lord Elgin Street, both streets closed by by-law N 144750,
all according to Hambly Plan, being a subdivision of Part Lot 12, Con.2, Part I, 40R-
3652 except parts I & 2, 40R-16995 lying north of40M-1852 (PIN 26616-0007)
SECONDLY: Block 130, 40M-1852, Municipality of Cia ring ton, Regional Municipality
of Durham (PIN 26616-0044)
THIRDLY: Block 131, 40M-1852, Municipality of Clarington, Regional Municipality of
Durham (PIN 26616-0046)
FOURTHL Y: Parcel 12-1, See Con. 2 in the Town of Newcastle, Municipality of
Clarington, Regional Municipality of Durham, being part lot 12, Con. 2, Township of
Darlington, and lots 2, 4,5,6,7,8,9,10,12,13 and 15, Part Lots 14 and 16, and Hambly
Street and Part of Lord Elgin Street, closed by By-law N144750, all according to Hambly
Plan being a subdivision of Part Lot 12, Con2, part 40R-3652, south of 40M-1852 and
40M-1910 (PIN 26616-0156)
FIFTHLY: Loti, Plan 40M-191O, Municipality of Cia ring ton, Regional Municipality of
Durham (PIN 26616-0530)
SIXTHLY: Lot 2, Plan 40M-1910, Municipality of Cia ring ton, Regional Municipality of
Durham (PIN 26616-0531)
SEVENTHLY: Lot 3, Plan 40M-1910, Municipality of Cia ring ton, Regional
Municipality of Durham (PIN 26616-0532)
EIGHTHL Y: Lot 4, Plan 40M-191 0, Municipality of Clarington, Regional Municipality
of Durham (PIN 26616-0533)
NINTHLY: Lot 5, Plan 40M-191O, Municipality of Cia ring ton, Regional Municipality
of Durham (PIN 26616-(534)
TENTHLY: Lot 6, Plan 40M-191O, Municipality of Cia ring ton, Regional Municipality
of Durham (PIN 26616-0535)
ELEVENTHL Y: Lot 7, Plan 40M-191 0, Municipality of Clarington, Regional
Municipality of Durham (PIN 26616-0536)
TWELFTHL Y: Lot 8, Plan 40M-191 0, Municipality of Clarington, Regional
Municipality of Durham (PIN 26616-0537)
THlRTEENTHLY: Lot 9, Plan 40M-1910, Municipality of Cia ring ton, Regional
Municipality of Durham (PIN 26616-0538)
FOURTEENTHLY: Lot 10, Plan 40M-1910, Municipality of Cia ring ton, Regional
Municipality of Durham (PIN 26616-0539)
FIFTEENTHLY: Lot II, Plan 40M-191O, Municipality of Cia ring ton, Regional
Municipality of Durham (PIN 26616-(540)
SIXTEENTHL Y: Lot 12, Plan 40M-191 0, Municipality of Clarington, Regional
Municipality of Durham (PIN 26616-(541)
SEVENTEENTHLY: Lot 13, Plan 40M-191O, Municipality of Cia ring ton, Regional
Municipality of Durham (PIN 26616-0542)
SCHEDULE "8"
THIS IS SCHEDULE "8" to the Amending Agreement which has been
authorized and approved by By-law 2007-114 of the Corporation of the
Municipality of Clarington, enacted and passed the 28th day of May 2007.
(Reduction of 18T-87087)
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