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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 .. , ,~ .~ ~- -~... :. 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 . '. \l~ .~ ~f-~ 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 . t. ., ~ (, Page 2 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 , " . ~ I ~ Page 3 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." , " " ~ ". I Page 4 "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, . lII\' , II' Page 5 . 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, , ,. . . , Page 6 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 , " J . . Page 7 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. , " . Page 8 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- , " , , .' Page 9 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 . .. , '. . Page 10 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. '. . Page 11 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. '. . Page 12 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. , ' Page 13 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, " ' Page 14 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; . . Page 15 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. , ' Page 16 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. Page 17 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 ) ) ) Name: Title: ) ) ) (PLEASE PRINT) ) ) ) ) ) ) ) ) ) ) ) ) ) MCAP FINANCIAL CORPORATION /J (PLE{P~ Name: PHILIP FRANKTitle: ASST. VICE-PRESIDENT FUNDING & CREDIT ADMIN (PLEASE PRINT) 6212484 CANADA INC. ) ) ) ) ) ) ) ) ) ) ) ) ) 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. 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