HomeMy WebLinkAbout2007-171
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007- 171
being a by-law to authorize entering into an Amending Agreement with the
Owners of Plan of Subdivision 18T-96013 and any Mortgagee whom has an
interest in the said lands, and the Corporation of the Municipality in respect of
18T -96013
WHEREAS, Council on May 9,2006, approved Amendment to Draft Plan of Subdivision
18T -96013 located in Part Lots 29 & 30, Concession Broken Front, former Village of
Newcastle and authorized the execution of an amending subdivision agreement with the
Owner;
AND WHEREAS, the Owner(s) of draft Plan of Subdivision 18T-96013 is now ready to
proceed to finalizing the Subdivision Agreement;
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-96013.
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
Agreement.
BY-LAW read a first time this 30th day of July 2007
BY-LAW read a second time this 30th day of July 2007
BY-LAW read a third time and finally passed this 30th day of July 2007
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DATED: October 2 ,2007
BE1WEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
- and -
1138337 ONTARIO INC.
CCCC DURHAM WEST LIMITED
PORT OF NEWCASTLE HARBOURVIEW LTD.
AMENDING AGREEMENT
The Corporation of the Municipality of Clarington
Planning Services
40 Temperance Street
Bowmanville, ON L 1 C 3A6
File No.: 18T-91004
18T-96013
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THE FIRST AMENDING SUBDIVISION AGREEMENT made as of this 2nd
October ,2007
day of
BE1WEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter called the "Municipality")
OF THE FIRST PART
-and-
1138337 ONTARIO INC.
(hereinafter called the "Owner ")
OF THE SECOND PART
-and-
CCCC DURHAM WEST LTD.
(hereinafter called the "Owner")
OF THE THIRD PART
-and-
PORT OF NEWCASTLE HARBOURVIEW LTD.
(hereinafter called the "Owner")
OF THE FOURTH PART
-and-
THE MANUFACTURERS LIFE ASSURANCE COMPANY
(hereinafter called the "Mortgagee")
OF THE FIFTH PART
-and-
MCAP FINANCIAL CORPORATION
(hereinafter called the "Mortgagee")
OF THE SIXTH PART
-and-
6212484 CANADA INC.
(hereinafter called the "Mortgagee")
OF THE SEVENTH PART
WHEREAS:
A. A Subdivision Agreement was executed on October 18th, 1999 pursuant to
Section 51 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 it is deposited against the title to the
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Lands under Instrument No. L T936183 in the Land Registry Office for the Land
Titles Division of Durham (No. 40) on December 1ih, 1999;
C. This First Amending Agreement was made pursuant to Subsection 50 of the
Planning Act. It was authorized by By-law 2007-171 passed by the Municipal
Council on July 30th, 2007.
D. This First Amending Agreement applies to the Lands described in Schedule "A"
attached hereto.
E. The Owner is the Owner in fee simple absolute of the Lands therein;
F. The Owner represents and warrants that the Mortgagee is the only mortgagee or
chargee of the Lands;
G. The Parties hereto have agreed to amend the Subdivision Agreement as
hereinafter set forth entering into this First Amending Agreement.
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 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 words "and 18T-96013" immediately after "18T-91004" in
the second line of recital D and the fourth line of recital G.
(b) by adding the words "and 18T-96013" immediately after "18T-91004" in
the second line of paragraph 2.13(1) and the first, fourth and eighth line in
paragraph 2.13(2).
(c) by adding the wordings "CCCC Durham West Ltd. and Port of Newcastle
Harbourview Ltd." immediately after the words "1138337 Ontario Inc." in
the fourth line of paragraph 2.14.
(d) by adding the following new paragraphs:
"4.12 (30) The Owner acknowledges and agrees to comply with and
implement the conditions of draft approval for Draft Plan of
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Subdivision 18T-96013 as contained in Schedule "S" within
this agreement."
"4.12 (31) The Owner acknowledges and agrees 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 reflect the design criteria of the
Municipality as amended from time to time. The stormwater
management pond located within Block 273 on Draft Plan of
Subdivision 18T-96013 is to be included in this plan and the
existing walkways located on the north and west sides of
Block 273 must be accommodated on the Landscape Plan."
"4.12 (32) The Owner acknowledges and agrees that where the
Director of Engineering Services is of the opinion that there
is a lot grading and drainage problem on a corner lot in draft
plan of subdivision 18T-96013, the Owner agrees that
retaining walls shall not be utilized and the following
measures will be implemented:
a) architectural treatments to a building on a corner lot to
the satisfaction of the Director of Planning Services
and the Director of Engineering Services; and/or
b) increase the exterior side yard setback to a building
on a corner lot from 3.0 metres to an appropriate
exterior side yard setback of up to 3.6 metres
maximum, as determined by the Director of
Engineering Services."
"4.12 (33) The Owner acknowledges and agrees to remove any
existing temporary turning circles within Draft Plan of
Subdivision 18T-91 004, to the satisfaction of the Director of
Engineering Services. The Owner shall ensure that the
junction of Street "B" on 18T-96013 and Toronto Street as
well as the remainder of Toronto Street are realigned to an
appropriate geometric configuration with a turning radius
which is to the satisfaction of the Director of En9ineering
Services."
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"4.12 (34) The Owner acknowledges and agrees to deposit a
performance guarantee with the Municipality for the works
required by the approval of Draft Plan of Subdivision 18T-
96013. The performance guarantee shall be in an amount
equal to 100 percent of the works cost estimate as approved
by the Director of Engineering Services for the works,
including without limitation the "Toronto Street Road
Reconstruction Works" from Foster Creek to the limit of the
subdivision. The performance guarantee for the "Toronto
Street Road Reconstructions Works" shall be deposited at
the registration of the phase containing Toronto Street."
"4.12 (35) The Owner acknowledges and agrees to include a notice in
all offers of purchase and sale agreements in Draft Plan 18T-
96013 advising potential purchasers that although a
Minimum Distance Separation Buffer is provided from the
Wilmot Creek Master Pollution Control Plant (W.P.C.P.) in
accordance with the Ministry of the Environment Guidelines,
odours may be experienced in the vicinity of the W.P.C.P.
from time to time. The wording is to be provided in a manner
that is acceptable to the Regional Municipality of Durham
and the Director of Planning Services."
"4.12 (36) 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
applicable 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 (I.e. noise attenuation, chain link,
wooden); and,
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. 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 (37) 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-General Plan
of the Lands as it may be 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."
"4.12 (38) 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 Municipality 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."
"4.12 (39) 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,
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40 Temperance Street, Bowmanville, 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 can 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."
(e) Schedule "B" is hereby amended by replacing the reduction of Draft Plan
of Subdivision 18T-91004 with the Draft Plan as revised May 4th, 2000 and
adding the reduction of Draft Plan of Subdivision 18T-016013 as revised
June 22nd, 2006;
(f) Schedule "E" is hereby amended by adding the following new paragraph
(1) (vii):
"(vii) Parts 1 to 6 on 40R-
storm sewer easement (rear yard
catchbasins) on Lots 275 to 279 on
18T-96013."
(g) Schedule "F" is hereby amended by adding the following new paragraph:
"(3) Dedication of Lands in 18T-96013
As required by and in accordance with paragraph 2.5, the Owner
shall deliver to the Municipality in a form satisfactory to the
Municipality, transfers in fee simple of the following lands:
Block 268 Park
Blocks 269, 270 and 271 Open Space"
(h) Schedule "M" is hereby amended by adding the following new paragraph:
"LOT OR BLOCK NUMBER
ON 18T-96013
PERMITTED USES
Lots 18 to 21, 27, 28, 29, 34 to 37
46 to 78,80 to 208, 215 to 249
Single family dwellings
Lots 1 to 17,22 to 26,30 to 33,
38 to 45, 79,209 to 214, 250 to 262,
267,275 to 292
Semi-detached dwellings
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Block 263
Townhouse house
Blocks 264, 265
Block 266
Multiple Residential
Multiple Residential/Hotel/
Clubhouse
Block 268
Park
Block 269, 270 and 271
Open Space
Block 272
Water Plant Expansion
Block 273
Stormwater Management Pond
Block 274
Marina Use/Future Clubhouse
and Future Park"
(i) Schedule "0" is hereby amended by adding the following:
"Blocks 263, 264,265,266 and 274 on 18T-96013.
Furthermore the Owner acknowledges and agrees that the delineation of
the use and ownership of Block 274 is to be detailed and approved by the
Municipality through Site Plan Approval."
G) Schedule "Q" is hereby amended by adding the following:
"Conditions of Draft Approval for 18T-96013
1. 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 Ganaraska Conservation
Authority for reports describing the following:
a) a stormwater management report be prepared in
accordance with the Port of Newcastle Stormwater
Management Report (1996), and the MOE Stormwater
Management Planning and Design Manual (2003);
b) that a report be prepared detailing the means whereby
erosion and siltation will be minimized and contained on the
site and both during and subsequent to the construction
period;
c) that an Environmental Impact Study be undertaken to
assess the following:
i) the anticipated impact of development on the Wilmot
Creek Rivermouth Wetland. and the proposed
methods intended to mitigate those impacts.
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ii) the anticipated impact of the development on water
quality as it relates to fish and wildlife habitat, once
adequate protective measures have been undertaken.
2. That the Owner obtain all necessary Authority permits as required
under GRCA's Fill, Construction and Alteration to Waterways
Regulation (Ont. 148/90 as amended).
3. That the Owner shall agree in the subdivision agreement to carry
out or cause to be carried out the recommendations and measures
contained within the reports approved under condition 1 above.
4. The Owner agree in the subdivision agreement to maintain all
erosion and siltation control devices in good repair during the
construction period in a manner satisfactory to the Ganaraska
Region Conservation Authority.
5. The Owner shall submit to the Municipality of Clarington, a copy of
a permit, issued by the Ganaraska Conservation Authority
regarding proposed alterations to the watercourse (new spillway,
culverts, etc.) for consideration under the Lakes and Rivers
Improvement Act.
6. The subdivision agreement between the Owner and the
Municipality of Clarington shall contain, among other matters, the
following provisions:
a) The Owner agrees to identify the route used to access the
marina during and after the construction period, highlighting
any changes or improvements to the current access route,
to the approval of the Ganaraska Conservation Authority.
b) The Owner agrees that no filling, grading or alteration to the
water course shall occur on the property without the prior
written approval of the Conservation Authority."
(k) Schedule "S" is hereby amended by:
i) Condition 1 to 18T-91004 is deleted and replaced with the
following:
"The Owner shall prepare a final plan on the basis of the approved
Draft Plan of Subdivision, prepared by Bousfield, Dale-Harris,
Cutler and Smith Inc., identified as Drawing Number X-9333-2-
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64RL, revised in red and dated February 16, 2000, which illustrates
94 lots for single detached dwellings, 102 lots for 204 semi-
detached dwellings, 1 block for 56 medium density units, 2 park
blocks, 6 open space blocks, a block for a marina, 2 blocks for
stormwater management facilities, future development blocks,
roadways and 0.3 metre reserves."
ii) Condition 27 (b) to 18T-91004 is amended by deleting the words
"130-143, Block 210" in the third line and replacing them with the
words "127 to 146."
Iii) The following conditions of draft approval are to be added at the
end of Schedule "S":
"CONDITIONS OF DRAFT APPROVAL 18T-96013
1. The Owner shall have the final plan prepared on the basis of
approved Draft Plan of Subdivision 18T-96013 prepared by
Bousfields Inc. identified as drawing number 9333-2-90RL,
dated May 3, 2006, which illustrates a total of 724 units
made up of 208 lots for single detached dwellings, 73 lots for
146 semi-detached dwellings, blocks for 370 multiple
residential units and mixed uses including commercial and a
hotel, blocks for park and open space, a block for
stormwater management, a water plan expansion block, and
various roads.
2. The Owner shall dedicate the road allowances included in
this draft plan as public highways on the final plan.
3. The Owner shall name road allowances included in this draft
plan to the satisfaction of the Regional Municipality of
Durham and the Municipality of Clarington.
4. The Owner shall submit plans showing the proposed
phasing to the Region of Durham and the Municipality of
Clarington for review and approval if this subdivision is to be
developed by more than one registration.
5. The Owner shall, if necessary, apply to the Municipality of
Clarington and obtain area municipal approval of the zoning
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for the land uses shown on the approved draft plan in
accordance with the provisions of the Planning Act.
6. 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 reflect
the design criteria of the Municipality as amended from time
to time. The Stormwater Management Pond located within
Block 273 is to be included in this plan and the existing
walkways located on the north and west sides of the Block
273 must be accommodated on the Landscape Plan.
7. The Owner shall submit a detailed tree preservation plan to
the satisfaction of the Municipality of Clarington. No trees
shall be removed until such time as this plan has been
approved except as authorized by the Municipality.
8. 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.
9. That the Owner shall enter into a Subdivision Agreement
with the Municipality and agree to abide by all terms and
conditions of the Municipality's standard subdivision
agreement, including, but not limited to, the requirements
that follow.
10. The Owner shall convey Block 268 to the Municipality of
Clarington for park or other public recreational purposes in
accordance with the Planning Act.
11. The Owner shall convey Blocks 269, 270 and 271 to the
Municipality of Clarington free and clear of all encumbrances
for Open Space.
12. The Owner acknowledges and agrees that the delineation of
the use and ownership of Block 274 is to be detailed and
approved by the Municipality of Clarington through a Site
Plan approval.
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13. The Owner acknowledges and agrees to re-grade the bluff
to a 2:1 slope along the Lake Ontario Shoreline as described
in Engineer Services report EGD-14-05. The fill material
generated by the re-grading is to be placed on the lands to
be developed residentially at a grade, elevation and manner
consistent with the approved conceptual grading plan for
Phase II, and to the satisfaction and approval of the Director
of Engineering Services.
14. The Owner shall grant such easements as may be required
for utilities, drainage and servicing purposes to the
appropriate authorities.
15. That the Owner shall cause all utilities, including, hydro,
telephone, Cable TV, etc. to be buried underground.
16. The developer is to co-ordinate the preparation of an overall
utility distribution plan to the satisfaction of all effected
authorities.
17. The developer shall grade all streets to final elevation prior
to the installation of the gas lines and provide the necessary
field survey information required for the installation of the
gas lines, all to the satisfaction of Enbridge Gas Distribution.
18. All of the natural gas distribution system will be installed
within the proposed road allowances therefore easements
will not be required.
19. The Owner shall agree, in words satisfactory to Bell Canada,
to grant to Bell Canada any easements that may be required
subject to final servicing decisions. In the event of any
conflict with existing Bell Canada facilities or easements, the
owner/developer shall be responsible for the relocation of
such facilities or easements.
20. The Owner shall be required to enter into an agreement
(Letter of Understanding) with Bell Canada complying with
any underground servicing conditions imposed by the
municipality, and if no such conditions are imposed the
owner shall advise the municipality of the agreement made
for such servicing.
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21. That the Owner shall provide and install sidewalks, street
lights, temporary turning circles etc. as per the Municipality's
standards and criteria.
22. 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.
23. 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.
24. 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.
25. Prior to final approval, the Owner is required to submit a
signed Record of Site Condition (RSC) to the Regional
Municipality of Durham, the Municipality of Clarington and
the Ministry of Environment (MOE). This RSC must be to the
satisfaction of the Region, including an Acknowledgement of
Receipt of the RSC by the MOE.
26. That the Owner shall retain a professional engineer to
prepare and submit a Master Drainage and Lot Grading Plan
to the Director of Engineering Services for review and
approval. All plans and drawings must conform to the
Municipality's Design Criteria as amended from time to time.
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27, Prior to final approval, the proponent shall engage a
qualified professional to carry out to the satisfaction of the
Ministry of Citizenship, Culture and Recreation, an
archaeological assessment of the entire property and
mitigate, through preservation or resource removal and
documentation, adverse impacts to any significant
archaeological resources found. No demolition, grading or
other soil disturbances shall take place on the subject
property prior to the Ministry of Citizenship, Culture and
Recreation confirming that all archaeological resource
concerns have been met including licensing and resource
conversation requirements,
28, That where the Director of Engineering Services is of the
opinion that there is a lot grading and drainage problem on
the corner lot, the Owner agrees that retaining walls shall
not be utilized and the following measures will be
implemented:
a) architectural treatments to a building on a corner lot to
the satisfaction of the Director of Planning Services
and the Director of Engineering Services; and/or,
b) increase the exterior side yard setback to a building on
a corner lot from 3,0 metres to an appropriate exterior
side yard setback of up to 3,6 metre maximum, as
determined by the Director of Engineering Services,
29, The Owner shall ensure all driveway entrances do not
conflict with adjacent driveway entrances on abutting lots to
the satisfaction of the Director of Engineering Services, In
some cases it may be necessary to reduce the overall width
of the driveway to a minimum standard to eliminate any
conflict.
30. The Municipality of Clarington shall be satisfied that all of the
internal and external municipal infrastructure works have
been installed, or shall be installed, in the abutting/adjacent
plan of subdivision 18T-91 004,
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31. The Owner shall provide for the removal of any existing
temporary turning circles within draft plan of subdivision18T-
91004, to the satisfaction of the Municipality of Clarington.
The Owner shall also ensure that the junction of Street "B"
and Toronto Street be realigned to an appropriate geometric
configuration with a turning radius which is sufficient and to
the satisfaction of the Municipality of Clarington.
32. The Owner shall ensure that Toronto Street is realigned to
an appropriate geometric configuration (both horizontally and
vertically) to the satisfaction of the Director of Engineering
Services.
33. The Owner shall deposit a Performance Guarantee" with the
Municipality of Clarington for the works required by the
approval of the Draft Plan of Subdivision Phase II (18T-
96013) in accordance with the Municipality's standard
subdivision agreement. The Performance Guarantee shall be
in the amount equal to 100 percent of the works cost
estimate approved by the Director of Engineering Services
for the works, including without limitation the 'Toronto Street
Road Reconstruction Works' from Foster Creek to the limit of
the subdivision. The Performance Guarantee for the
'Toronto Street Road Reconstruction Works' shall be
deposited at the registration of the phase containing Toronto
Street.
34. 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
Ganaraska Conservation Authority for reports describing the
following:
a) a stormwater management report be prepared in
accordance with the Port of Newcastle Stormwater
Management Report (1996), and the MOE stormwater
Management Planning and Design Manual (2003);
b) that a report be prepared detailing the means
whereby erosion and siltation will be minimized and
contained on the site and both during and subsequent
to the construction period;
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c) that an Environmental Impact Study be undertaken to
assess the following:
i) the anticipated impact of development on the
Wilmot Creek Rivermouth Wetland, and the
proposed methods intended to mitigate those
impacts.
il) the anticipated impact of the development on
water quality as it relates to fish and wildlife
habitat, once adequate protective measures
have been undertaken.
35. That the Owner obtain all necessary Authority permits as
required under GRCA's Fill, Construction and Alteration to
Waterways Regulation (Ont. 148/90 as amended).
36. That the Owner shall agree in the subdivision agreement to
carry out or cause to be carried out the recommendations
and measures contained within the reports approved under
condition 34.
37. The Owner agree in the subdivision agreement to maintain
all erosion and siltation control devices in good repair during
the construction period in a manner satisfactory to the
Ganaraska Region Conservation Authority.
38. The Owner shall submit to Municipality of Clarington, a copy
of the permit, issued by the Ganaraska Conservation
Authority regarding proposed alterations to the watercourse
(new spillway, culverts, etc.) for consideration under the
Lakes and Rivers Improvement Act.
39. The Owner agrees to include a notice in all purchase and
sale agreements advising potential purchasers that although
a Minimum Distance Separation Buffer is provided from the
Wilmot Creek Water Pollution Control Plan (W.P.C.P.) in
accordance with the Ministry of the Environment Guidelines,
odours may be experienced in the vicinity of the W.P.C.P.
from time to time. The wording is to be provided in a
manner that is acceptable to the Regional Municipality of
Durham and the Director of Planning Services.
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40, The 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.
41. The Owner shall ensure that any existing sanitary or water
services within the plan which are proposed to be relocated
be maintained in full service until such time as the new
services have been completed and approved by the Region
of Durham. All costs incurred in relocation or abandonment
of these services shall be borne by the Owner.
42. 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 Municipality of
Clarington concerning the provision and installation of roads,
services, drainage and other local services. This subdivision
agreement shall also address well or private water supply
interference and a phasing plan which details the projected
number of building permits available for issuance based on
an amount which is compatible with the traffic capacity of the
existing Mill Street underpass.
43. 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.
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44. The subdivision agreement between the Owner and the
Municipality of Clarington shall contain, among other
matters, the following provisions:
a) The Owner agrees to identify the route used to access
the marina during and after the construction period,
highlighting any changes or improvements to the
current access route, to the approval of the
Ganaraska Region Conservation Authority.
b) The Owner agrees that no filling, grading or alteration
to the water course shall occur on the property without
the prior written approval of the Conservation
Authority.
45. 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 Regional Planning Department how Conditions 4,
8,25,27,39,40,41 and, 42 have been satisfied;
b) The Ganaraska Region Conservation Authority, how
Conditions 34, 35, 36, 37 and, 38 have been satisfied;
c) Enbridge Gas Distribution Inc., how Conditions 17 and
18 have been satisfied;
d) Bell Canada Right of Way, how Conditions 19 and 20
have been satisfied.
46. The Owner shall obtain Sign permits from the Director of
Planning Services in accordance with the Municipality of
Clarington Sign By-law 97-157 for all signage associated
with the marketing of this subdivision.
NOTES TO DRAFT APPROVAL
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
Page 18
is given and is submitted to the Director of Planning Services
for the Municipality of Clarington well in advance of the
lapsing date.
2. As the Owner of the proposed subdivision, it is your
responsibility to satisfy all conditions of draft approval in an
expeditious manner. The conditions of draft approval will be
reviewed periodically and may be amended at any time prior
to final approval. The Planning Act provides that draft
approval, may be withdrawn at any time prior to final
approval.
3. All plans of subdivision must be registered in the Land Titles
system within the Regional Municipality of Durham.
4. Where agencies' requirements are required to be included in
the local municipal subdivision agreement, a copy of the
agreement should 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) Ganaraska Region Conservation Authority, Box 328,
Port Hope ON L1A 3W4 (905) 885-8173.
b) Region of Durham Planning Department, 605
Rossland Road East, Whitby ON L 1 N 6A3 (905)
728-7731
d)
Enbridge Gas Distribution
. Scarborough, ON M1 K 5E5
Bell Canada Right of Way,
Drive, Scarborough, ON
6284."
Inc., P.O. Box 650,
e)
Floor 5, 100 Borough
M1P 4W2 1-800-748-
(I) Schedule "V" is hereby amended by adding the following paragraphs:
"D. EN BRIDGE GAS DISTRIBUTION INC.
The Developer shall grade all streets to final elevation prior to the
installation of the gas lines and provide the necessary field survey
information required for the installation of the gas lines, all to the
satisfaction of the Enbridge Gas Distribution.
Page 19
All of the natural gas distribution system will be installed within the
proposed road allowances therefore easements will not be
required.
E. BELL CANADA RIGHT OF WAY
The Owner shall agree, in words satisfactory to Bell Canada, to
grant to Bell Canada any easements that may be required subject
to final servicing decisions. In the event of any conflict with existing
Bell Canada facilities or easements, the Owner and/or developer
shall be responsible for the relocation of such facilities of
easements.
The Owner shall be required to enter into an agreement (Letter of
Understanding) with Bell Canada complying with any underground
servicing conditions imposed by the Municipality, and if no such
conditions are imposed the Owner shall advise the Municipality of
the agreement made fur such servicing."
2. Except as provided in Paragraph 1 of the First 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 First Amending Agreement, that every provision hereof is
authorized by the law and is fully enforceable by the Parties, and that this
First Amending Agreement is made by the Municipality in reliance on the
acknowledgement and agreement of the Owner of the aforesaid.
4. The First Amending Agreement shall ensure to the benefit of and be
binding on the Parties hereto, and their respective successors and
assigns.
. "
. "
Page 20
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
J;~;
/ - - - .- -~'-- ~--
-- -
ONTARIO INC.
Nam : \N \\\\~..\ DoA,cl( Title: ~ i ex'; (1",\-
(PLEASE PRINT)
Name:
Title:
(PLEASE PRINT)
(PLEASE PRINT)
Name:
Title:
(PLEASE PRINT)
F NEWCASTLE HARBOURVIEW LTD.
{~s'- )1"'V'+-
(PLEASE PRINT)
Name:
Title:
(PLEASE PRINT)
'.. "', . "
Page 21
) THE MANUFACTURERS LIFE ASSURANCE
COMPANY.
) .___---:7
~ .---,
)~_~~~..._:c::..~
) :-~ .., '----
..--=-- .' -,
) Name: - Title:
~ ~,.", U1);tr /1 tV1tlt;,'M J/ri'tlt:fif'
) (PLEASE PRINT) ~ .J
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) Name: Title:
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) (PLEASE PRINT)
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MCAP FINANCIAL CORPORATION
/J
(PLE{P~
Name: PHILIP FRANKTitle:
ASST. VICE-PRESIDENT
FUNDING & CREDIT ADMIN
(PLEASE PRINT)
6212484 CANADA INC.
)
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1IU1~
Name: Title:
Michael Misener
VP, Investments
(PLEASE PRINT)
Name:
Title:
(PLEASE PRINT)
, '. t .
, , .
SCHEDULE "A"
THIS IS SCHEDULE "A" to the Amending Agreement which has been
authorized and approved by By-law 2007-171 of the Corporation of the
Municipality of Clarington, enacted and passed the 30th day of July 2007.
FIRSTLY:
PIN No. 26661-1135 (LT)
Part of Lot 30 BFC (Clarke) Parts 12, 13, 15, 16, 17, 18, 19, 20 and 21 on Plan 40R-
23834;
Parts 2, 6, 7, 11 and 14 on Plan 40R-23834 save and except Plan 40M-2303 and Plan
40M-2327;
Part of Parts 3 and 4 on Plan 40R-23834 lying west of 40M-2327, Clarington, in the
Regional Municipality of Durham.
SECONDLY:
PIN No. 26661-1136 (LT)
Part of Lots 29 and 30 BFC (Clarke) lying south and east of Plan 40M-2327 and lying
north of Block 83 on Plan 40M-1984, Clarington, in the Regional Municipality of
Durham.
THIRDLY:
PIN No. 26661-1138 (LT)
Part of Lot 29, BFC (Clarke), Parts 1, 2 and 3 on Plan 40R-22450 save and except Plan
40M-2226 and save and except Plan 40M-2327, Clarington, in the Regional Municipality
of Durham.
jII.'.'\ f..,'
SCHEDULE "8"
THIS IS SCHEDULE "8" to the Amending Agreement which has been
authorized and approved by By-law 2007-171 of the July 2007.
Reduction of 18T-91 004 as amended May 4th, 2000
and
Reduction of 18T-96013 as amended June 22nd, 2006
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