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HomeMy WebLinkAbout92-209 DN: 88037.BYL THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW NUMBER 92- 209 being a By-law to authorize the entering into of an Agreement with the Owner of Plan of Subdivision 18T-88037 and the Corporation of the Town of Newcastle in respect of Plan 18T-88037. The Council of the Corporation of the Town of Newcastle enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation's seal, an Agreement between the Owner of Plan of Subdivision 18T-88037 and the said Corporation in respect of Plan of Subdivision 18T-88037; 2. THAT the Mayor and Clerk are hereby authorized to Accept, on behalf of the Town, any conveyances of lands required pursuant to the aforesaid Agreement. 3. Schedule" A" attached hereto shall form part of this By-law. BY -LAW read a first time this 13th. day of October , 1992. BY -LAW read a second time this 13th. day of October , 1992. BY -LAW read a third time and finally passed this 13th. day of October , 1992. 0'~ ~ ~OR~ ST. STEPHENN'S ESTATES INC. SUBDIVISION AGREEMENT WITH THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DRAFT PLAN OF SUBDIVISION 18T -88037 NOW PLAN OF SUBDIVISION 40M-1977 Prepared by DENNIS C. HEFFERON Barrister & Solicitor 2500-130 Adelaide St. W. Toronto, Ontario M5H 2M2 ST. STEPHEN'S EST A TES INC. SUBDIVISION AGREEMENT WITH THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DRAFT PLAN OF SUBDIVISION 18T -88037 NOW PLAN OF SUBDIVISION 40M-1977 INDEX Tab Document Subdivision Agreement registered as Instrument No. L T 917655 2 Certificate of Title dated August 23, 1999 3 Application by the Municipality of Clarington for Inhibiting Order registered as Instrument No. LT 917657 4 Transfer/Deed of Land of Part of Blocks 137 and 138 designated as Parts 1 and 2 on Plan 40R-19291 for a Storm Sewer and Catchbasin Easement registered as Instrument No. LT 929428 5 Postponement of Charge registered as Instrument No. L T 929429 6 Transfer/Deed of Land of Lot 99 on Plan 40M-1977 and Part of Lot 8, Concession 2 designated as Part 1 on Plan 40R-190 18 for a Storm Sewer Easement registered as Instrument No. L T 929430 7 Postponement of Charge registered as Instrument No. LT 929431 8 Transfer/Deed of Land in fee simple of Blocks 135, 136, 139, 142 to 145 on Plan 40M-1977 for O.3m Reserves, Road Widening, Walkway, Park Block and Water Outfall Works registered as Instrument No. L T 929432 9 Partial Discharge of Charge /Mortgage of Blocks 135, 136, 139, 142 to 145 on Plan 40M-1977 registered as Instrument No, LT 929433 ~~ Province of Ontario .. 1.0 U') CD E"- or--4 0') i- 0.. l- ....J w o uJ- c::::O '<j- Ll... ............ (:-) :;E: LJ <1: r- = <{c:: O=:;> 1::;:0 i- c:: W o New Property Identifiers Executions (8) This Document provides as follows: Ln LD N ~ E (L ': I ~~ ',g;! ~l 21 i'.-;..! .:;/ Q:( J \ )7 :.:7~ ('J'4 Document General Form 4 - Land Re istration Reform Act Do Process Software Ltd. . (416) 322-6111 D r-l C":) CD ::::::::> a::: en en Additional: See Schedule Additional: See Schedule (1) Registry 0 (3) Property Identifier(s) Land Titles 1KI (2) Page 1 of t 13 pages Block Property .;2{;650- 0005 (er) Additional: See 0 Schedule (4) Nature of Document Notice of Subdivision Agreement Section 71 of the Land Titles Act (5) Consideration N I A Dollars $ (6) Description Part of Lot 8, Concession 2, (formerly in the Town of Bowmanville, Geographic Township of Darlington) now in the Municipality of Clarington in the Regional Municipality of Durham designated as Parts I and 2, Plan lOR-575 o as more particularly described on Schedule "A" attached o (7) This Document Contains: 1 (b) Schedule for: 01 (a) Redescription New Easement Plan/Sketch Additional Description 1KI Parties 0 Other lXJ The Corporation of the Municipality of Clarington has an unregistered estate, right, interest or equity in the land registered in the name of ST. STEPHEN'S ESTATES INC. as Part of Parcel 8-3, Section Con 2, Newcastle (Darlington) and hereby applies under Section 71 of the Land Titles Act for entry of a Notice of Subdivision Agreement in the Register for the said Parcel. (9) This Document relates to instrument number(s) (10) Party(ies) (Set out Status or Interest) Name(s) IHE.C.QRP.Q.RAIIQl'S:.QF..IHE..MUN.IC.J.P.ALIT.Y............... OF CLARINGTON by its solicitor (11) Address for Service (12) Party(ies) (Set out Status or Interest) Name(s) (13) Address for Service (14) Municipal Address of Property Not Assigned Continued on Schedule 0 d Date of Signature i Y i M ! 0 .......h......U...........u:::.:::..::'::::.:........hU.. ........::::l::~::ll:~ .................... 00... .........000000............ nn.........................r.............l.....l...... 40 Temperance Street, Bowmanville, Ontario, LIC 3A6 Signature(s) Date of Signature Y M 0 , .. ...................................................................................................................................--.........-................--................................ , " , ,. , ,. , '. , ,. , ., , ., . ., , ., :~.:.:..:....::....:...:.:::::::::.:::::::::..::~~~.:::::::.::::::::r:::...:~:::l:::::!~~: (15) Document Prepared by: Fees and Tax ~ z o Registration Fee w rn ::> w () u:: u. o a:: o John A. Cooney Robins, Appleby & Taub 130 Adelaide Street West Suite 2500 Toronto, Ontario M5H 2M2 Total Document prepared using The Conveyancer ~ Province of ) Ontario , Schedule Do Process Software Ltd, . (416)322-6111 Form 5 - Land Registration Reform Act Page 2 5 Additional Pr~erty Identlfler(s) and/or Other Information SCHEDULE "A" LEGAL DESCRIPTION Part of Parcel 8-3, Section Concession 2, Newcastle (Darlington) being Part of Lot 8, Concession 2, (formerly in the Town of Bowmanville, Geographic Township of Darlington) now in the Municipality of Clarington in the Regional MunicIpality of Durham designated as Parts 1 and 2, Plan IOR-575 SAVE AND EXCEPT Parts 1,2,3, and 4, Plan 10R-3179 SAVE AND EXCEPT Parts I, 2, 3, 4, and 5, Plan lOR-2389 SAVE AND EXCEPT Part 1 on Plan 40R-18897 TOGETHER WITH a right-of-way over, along and upon Parts 2 and 4, Plan IOR-2389, as set out in Instrument No. N9085 SUBJECT TO a temporary easement in favour of Durham Region Non-Profit Housing Corporation over Part I, Plan 40R-13895, for the purposes as set out in Instrument No. LT 572909. ~ -...J U.Z U.O Ow ~(/) ~~ Document prepared using The Conveyancer :3 THIS AGREEMENT made in quintuplicate as of this 7th day of July , 1999. BE1WEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - and - ST. STEPHEN'S ESTATES INC. SUBDIVISION AGREEMENT t TABLE OF CONTENTS ARTICLE 1- INTERPRETATION AND SCHEDULES...................... 2 1.1 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 1.2 Schedules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 ARTICLE 2 - GENERAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 2.1 Recitals in Operative Part of Agreement ...................... 9 2.2 Certification of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 2.3 Copy of Plan and Agreements Required. . . . . . . . . . . . . . . . . . . . .. 10 2.4 Transfer of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 2.5 Transfer of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 2.6 Registration of Transfers. . . . . . . . '.' . . . . . . . . . . . . . . . . . . . . . .. 11 2.7 Lands for School Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 2.8 Charge on Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 2.9 Registration of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 2.10 Renegotiation and Amendment of Agreement ................. 12 2.11 Municipality to Act Promptly. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 2.12 Assignment of Agreement . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. 14 2.13 Replacement of Draft Plan with Final Plan(s) . . . . . . . . . . . . . . . . .. 14 2.14 Notification of Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 2.15 Postponement of Mortgage ............................... 15 2.16 Successors ........................................... 16 ARTICLE 3 - FINANCIAL ......................................... 16 3.1 Payment of Taxes ...................................... 16 3.2 Payment of Local Improvement Charges. . . . . . . . . . . . . . . . . . . . .. 16 3.3 Payment of Drainage Charges ............................. 16 3.4 Payment of Development Charges .......................... 16 3.5 Cash-in-Lieu of Land Dedication. . . . . . . . . . . . . . . . . . . . . . . . . .. 17 3.6 Performance Guarantee Required .......................... 17 3.7 Use of Performance Guarantee ............................ 18 3.8 Indemnification of Municipality . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 3.9 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19 3.10 Maintenance Guarantee Required. . . . . . . . . . . . . . . . . . . . . . . . .. 19 3.11 Use of Maintenance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20 3.12 Reduction and Release of Performance Guarantee . . . . . . . . . . . . .. 20 3.13 Reduction and Release of Maintenance Guarantee . . . . . . . . . . . . .. 21 3.14 Payment of Municipality's Costs. . . . . . . . . . . . . . . . . . . . . . . . . . .. 22 3.15 Unpaid Monies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23 3.16 Occupancy Permit Deposit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23 5 ii ARTICLE 4 . PLANNING . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. 25 4.1 Tree Preservation Plan .................................. 25 4.2 Landscaping Plan and Landscaping Requirements . . . . . . . . . . . . . .. 25 4.3 Use of Lands ......................................... 27 4.4 Lands Unsuitable for Building . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28 4.5 Lands Requiring Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28 4.6 Requirements for Building Permits ......................... 28 4.7 Model Homes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31 4.8 Architectural Control Standards . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32 4.9 Requirements for Sale of Lands. . . . . . . . . . . . . . . . . . . . . . . . . . .. 32 4.10 Requirements for Occupancy Permit ........................ 35 4.11 Cash in lieu of Lands for Park or other Public Recreational Purposes ............................................ 35 4.12 Special Conditions ..................................... 35 ARTICLE 5 . PUBLIC WORKS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39 5.1 Municipality Works Required ............................. 39 5.2 Utilities and Services Required ............................ 39 5.3 Owner's Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39 5.4 Design of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 41 5.5 Engineering Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 42 5.6 Approval of Grading and Drainage Plan. . . . . . . . . . . . . . . . . . . . .. 43 5.7 Staging of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 43 5.8 Approval of Schedule of Works . . . . . . . . . . . . . . . . . . . . . . . . . . .. 44 5.9 Approval of Works Cost Estimates and Stage Cost Estimates. . . . . .. 44 5.10 Requirements for Authorization to Commence Works. . . . . . . . . . .. 44 5.11 Requirements for Commencement of Subsequent Stages of Works. .. 47 5.12 Inspection and Stop Work . . . . . . . '.' . . . . . . . . . . . . . . . . . . . . . .. 48 5.13 Construction in Accordance with Engineering Drawings. . . . . . . . . .. 48 5.14 Sequence of Construction of Works ......................... 49 5.15 Completion Time for Construction of Works. . . . . . . . . . . . . . . . . .. 49 5.16 Additional Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 49 5.17 Incomplete or Faulty Works and Liens. . . . . . . . . . 49 5.18 Acknowledgment Respecting Emergency etc. Repairs ............ 51 5.19 Damage to Existing Services .............................. 52 5.20 Damage to Neighbouring Wells (Rural Applications Only) ........ 52 5.21 Use of Works by Municipality ............................. 54 5.22 Maintenance of Roads after Completion. . . . . . . . . . . . . . . . . . . . .. 54 (p Hi 5.23 Requirements for Certificate of Completion .......... . . . . . . . .. 55 5.24 Requirements for Certificate of Acceptance ................... 56 5.25 Ownership of Works by Municipality ........................ 56 5.26 Requirements for Certificate of Release. . . . . . . . . . . . . . . . . . . . .. 56 5.27 Front End Agreements .................................. 57 5.28 Cost of Works Referred to in Schedule "G" ................... 58 ARTICLE 6 - COMPLIANCE WITH REGULATIONS ..................... 58 ARTICLE 7 - RESPONSIBILITY OF SUBSEQUENT OWNERS .............. 58 ARTICLE 8 - TIME OF ESSENCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 59 ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT . . . . . . . . . . . . . . . . . . . .. 59 7 THIS AGREEMENT made in quintuplicate as of this day of , 1999 BET WEE N: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART - and - ST. STEPHEN'S ESTATES INC. (hereinafter called the "Owner") OF THE SECOND PART - and - TORONTO DOMINION BANK (hereinafter called the "Mortgagee") OF THE TIDRD PART WHEREAS: A. The lands owned by the Owner which are affected by this Agreement are described in Schedule "A" hereto, and are hereinafter called the "Lands"; B. The Owner represents and warrants that subject to Recital C it IS the registered Owner of the Lands in fee simple absolute; C. The Owner represents and warrants that the mortgagee is the only mortgagee or chargee of the Lands; D. The Owner has received the approval of the Regional Municipality of Durham, to draft Plan of Subdivision 18T-88037 of the Lands subject to compliance with certain conditions thereto including the making of Subdivision Agreements with the Region and the Municipality, respectively; E. The Owner has applied to the Region for approval of a final Plan of Subdivision of the Lands and to the Region and the Municipality, respectively, for the making of the aforesaid Subdivision Agreements; g Subdivision Agreement 2 F. The Owner represents and warrants that it has or will enter into an Agreement with the appropriate Public Utilities Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the utilities and services referred to in Schedule "R" and hereinafter called the "Utilities and Services". G. The Owner represents and warrants that it will enter into Agreements with the Region and the Municipality to satisfy their respective requirements, financial and otherwise in order to satisfy certain conditions of approval by the Region of draft Plan of Subdivision 18T-90032; H. This Agreement is made pursuant to the provisions of Subsection 51(6) of the Planning Act. It is authorized by By-law No. 92-209 passed by The Corporation of the Municipality of Clarington on October 13, 1992. 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 each other as follows: ARTICLE 1 . INTERPRETATION AND SCHEDULES 1.1 Definitions (1) In this Agreement the term: (a) "Applicant" means an individual, an association, a partnership or corporation who applies for the necessary building permits for the lots or blocks covered by this Agreement. (b) "Appropriate Authority" means the Municipality, the Region, a Ministry of the Crown in right of Ontario or other authority or agency considered to be appropriate for the purpose by the Director. (c) "Assuming Purchaser" has the meaning assigned to it in paragraph 3.16(1) of this Agreement. ( d) "Authorization to Commence Works" has the meaning assigned to it in paragraph 5.10 of this Agreement. ~ Subdivision Agreement 3 (e) "Building Code Act" means the Building Code Act R.S.a.1990 c.B.13, as it may be amended or replaced from time to time. (f) "Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24 of this Agreement. (g) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23 of this Agreement. (h) "Certificate of Release" has the meaning assigned to it in paragraph 5.26 of this Agreement. (i) "Commissioner" means the Commissioner of Planning of the Regional Municipality of Durham. (D "Construction Lien Act" means The Construction Lien Act, R.S.a. 1990 c. C.30 as it may be amended or replaced from time to time. (k) "Cost Sharing Report" means the "Cost Sharing Report" referred to in Scheduled "G" of this Agreement. (1) "Council" means the Council of The Corporation of the Municipality of Clarington. (m) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this Agreement. (n) "Development Charge" has the same meaning as is assigned to the term in the Development Charges Act R.S.a. 1990, c. D.9. (0) "Development Charge by-law" means Municipality By-law 92-105 as it may be amended or replaced from time to time, and the term includes a successor by-law to By-law No. 92-105 which is passed under subsection 3(1) of the Development Charges Act. (p) "Development Charges Act" means the Development Charges Act, R.S.a. 1990 c.D.9, as it may be amended or replaced from time to time. /0 Subdivision Agreement 4 (q) "Director" means the Director of Public Works of the Municipality of Oarington or his designated representative. (r) "Director of Community Services" means the Director of Community Services or his designated representative. (s) "Director of Planning" means the Director of Planning and Development of the Municipality of Clarington or his designated representative. (t) "Drainage Act" means the Drainage Act R.S.O.1990, c.D.17 as it may be amended or replaced from time to time. (u) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this Agreement. (v) "Final Works" has the meaning assigned to it in Schedule "G" of this Agreement. (w) "First Application" has the meaning assigned to it in Schedule "D" of this Agreement. (x) "First Excess Payment" has the meaning assigned to it in Schedule "D" of this Agreement. (y) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this Agreement. (z) "Second Excess Payment" has the meaning assigned to it in Schedule "D" of this Agreement. (aa) "Third Excess Payment" has the meaning assigned to it in Schedule "D" of this Agreement. (bb) "40M Plan" has the meaning assigned to it in paragraph 2.3 of this Agreement. (cc) "Grading and Drainage Plan" has the meaning assigned to it III paragraph 5.6 of this Agreement. It Subdivision Agreement 5 (dd) "Initial Works" has the meaning assigned to it in Schedule "G" of this Agreement. ( ee ) "Land Registry Office" has the meaning assigned to it in Schedule "A" of this Agreement. (ff) "Lands" has the meaning assigned to it in Recital A of this Agreement. (gg) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of this Agreement. (hh) "Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(1) of this Agreement. (ii) "Master Drainage Plan" has the meaning assigned to it in Schedule "G" of this Agreement. OJ) "Minister" means the Minister of Municipal Affairs, Ontario. (kk) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1) of this Agreement. (11) "Municipality" means The Corporation of the Municipality of Clarington or any official, designated by Council to administer the terms of this Agreement. (mm) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1) of this Agreement. (nn) "Occupancy Permit Deposit" has the meaning assigned to it In paragraph 3.16(1) of this Agreement. (00) "Occupancy Permit Scale" has the meaning assigned to it in paragraph 3.16(2) of this Agreement. (pp) "Occupational Health and Safety Act" means the Occupational Health and Safety Act R.S.O. 1990 c. 0.1 as it may be amended or replaced from time to time. /2- Subdivision Agreement 6 (qq) "Owner" means the Party of the Second Part to this Agreement, its successors and assigns and when used to refer to a successor or assignee of such Party, or to another person, an owner includes an individual, an association, a partnership or a corporation. (rr) "Owner's Engineer" means a consulting civil engineer experienced in performing the duties set out in Schedule "I" of this Agreement who or which is a partnership, association of persons or a corporation that holds a certificate of authorization, in their or its own name to practice professional civil engineering and is licensed to do so under the Professional Engineers Act R.S.O. 1990 c. P.28 as it may be amended from time to time provided that the Owner's Engineer shall not be the Owner, or an officer, director, shareholder or employee of the Owner. (ss) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6 of this Agreement. (tt) "Phase I of the Development of the Lands" means the development of the portion of the Lands which is within the draft 40M Plan of Subdivision, a copy of which is contained in Schedule "B". (uu) "Phase Subsequent to Phase I of the Development of the Lands" means the development of the whole, or any portion of the Land, which are not located within the draft 40M Plan of Subdivision contained in Schedule "B" after such draft 40M Plan of Subdivision has been registered against the title to the portion of the Lands to which it applies, and if the first "Phase Subsequent to Phase I of the Development of the Lands" includes only a portion of the Lands which are not located within such draft 40M Plan of Subdivision, the term "Phase Subsequent to Phase I of the Development of the Lands" means the development of each portion of the Lands which is within a separate 40M Plan of Subdivision which is registered against the title to the portion of Lands to which it applies. (w) "Planning Act" means the Planning Act R.S.O. 1990 c.P.13 as it may be amended or replaced from time to time. (ww) "Reapproved Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this Agreement. /3 Subdivision Agreement (xx) (yy) (zz) ( aaa) (bbb) (ccc) (ddd) ( eee ) (fit) (ggg) (hhh) (iii) GiD 7 "Reapproved Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreement. "Region" means The Corporation of the Regional Municipality of Durham. "Related Works" has the meaning assigned to it in Schedule "G" of this Agreement. "Road System" has the meaning assigned to it in Schedule "G" of this Agreement. "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this Agreement. "Security for the Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(2) of this Agreement. "Solicitor" means the Solicitor for the Municipality. "Stage Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this Agreement. "Staging Plan" means the staging plan for the Lands approved by the Director of Public Works pursuant to paragraph 5.11 of this Agreement. "Stormwater Management System" has the meaning assigned to it in Schedule "G" of this Agreement. "Storm Sewer System" has the meaning assigned to it in Schedule "G" of this Agreement. "Street Lighting System" has the meaning assigned to it in Schedule "G" of this Agreement. "Temporary Occupancy Permit" has the meaning assigned to it in paragraph 4.10(2) of this Agreement. if Subdivision Agreement 8 (kkk) (111) (mmm) (nnn) (000) (ppp) (qqq) (rrr) (sss) "Tile Drainage Act" means the Tile Drainage Act R.S.O. 1990, c. T.8 as it may be amended or replaced from time to time. "Treasurer" means the Treasurer of the Municipality or his designated representative. "Tree Preservation Plan" has the meaning assigned to it in paragraph 4.1(1) of this Agreement. "Utilities and Services" means the utilities and services referred to in Schedule "H" of this Agreement. 'Works" has the meaning assigned to it in paragraph 5.1 of this Agreement. 'Workplace Safety and Insurance Act, 1997" means the Workplace Safety and Insurance Act, 1997 s.o. 1997, c.16, Sch.A. 'Workers' Compensation Act" means the Workers' Compensation Act R.S.O. 1990, c. W.ll as it may be amended or replaced from time to time. 'Works Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this Agreement. "1997 Development Charges Act" means assigned to it in paragraph 5.9 of this Agreement. (2) Whether or not it so provides explicitly, every provision of this Agreement by which the Owner is required to undertake any action shall be deemed to include the words "at the cost of the Owner". (3) Unless the context otherwise requires when used in this Agreement, the siniUlar includes the plural and the masculine includes the feminine. 1.2 Schedules The following Schedules which are attached hereto, together with all provisions therein, are hereby made a part of this Agreement as fully and for all purposes as would be the case if they were set out in the text of this Agreement as covenants and agreements: Schedule "A" "Legal Description of the Lands" Schedule "B" "Plan of Subdivision (reduction)" 15 Subdivision Agreement 9 Schedule "C" Schedule "D" Schedule "E" Schedule "F" "Charges Against the Lands" "Schedule of Payment of Development Charges" "Transfer of Easements" "Lands to be Transferred to Municipality and/or "Cash to be Paid in Lieu Thereof' "Works Required" "Utilities and Services Required" "Duties of Owner's Engineer" "Works Cost estimates" "Insurance Required" "Regulations for Construction" "U se of the Lands" "Land Unsuitable for Building" "Land Requiring Site Plan Approval" "Front End Agreements" "Conservation Authority's Work" "Engineering and Inspection Fees" "Region's Conditions of Approval" "Tree Preservation Plan (reduction)" "Landscaping Plan (reduction)" "Requirements of Other Agencies" "Architectural Control Standards" Schedule "G" Schedule "H" Schedule "I" Schedule "J" Schedule "K" Schedule "L" Schedule "M" Schedule "N" Schedule "0" Schedule "P" Schedule "Q" Schedule "R" Schedule "S" Schedule "T" Schedul~. "u" Schedule "V" Schedule "W" ARTICLE 2 - GENERAL 2.1 Recitals in Operative Part of A2reement The Owner represents and warrants to the Municipality that each of Recitals A to G of this Agreement is correct. 2.2 Certification of Ownership (1) On the execution of this Agreement, the Owner shall provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality certifying as to the title of the said Lands and setting out the names of all persons. having interests in the said Lands and the nature of their interests. (2) On the execution of this Agreement, the Owner shall provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality certifying as to the title of any land outside the limits of the said Lands, which is to be conveyed to the Municipality or in which easements are to be transferred to the 1& Subdivision Agreement 10 Municipality pursuant to the terms of this Agreement. 2.3 CODV of Plan and Agreements Reauired On the execution of this Agreement, the Owner shall provide the Municipality with as many copies as the Municipality requires of the final Plan of Subdivision of the Lands as approved by the Commissioner, the Minister, or the Ontario Municipal Board as the case may be. The draft final Plan of Subdivision as proposed by the Owner (the "40M Plan") is contained in Schedule "B" attached hereto. The Owner shall also furnish to the Municipality at the time of the execution of this Agreement, one (1) copy of the final Plan of Subdivision which has marked on it the stamp of approval of the Region, and a copy of the executed Subdivision Agreement entered into between the Owner and the Region with respect to the Lands if the aforesaid Plan has been approved and Agreement has been executed by the Parties thereto at the time of the execution of the Agreement. If at the time of the execution of this Agreement, the aforesaid Plan has not been so approved and/or the aforesaid Agreement between the Owner and the Region has not been executed, the Owner shall provide the Municipality with a copy of the aforesaid Plan with the stamp of approval of the Region marked thereon and/or a copy of the aforesaid Agreement executed by the Region and the Owner forthwith after approval of the aforesaid Plan is granted and/or ,~he aforesaid Agreement is executed by the Parties thereto. The Owner shall also furnish to the Municipality, at the time of execution of this Agreement, one (1) copy of each of the Agreement( s) entered into by the Owner with the Clarington Hydro -Electric Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the Utilities and Services, or, if such Agreement(s) have not been executed at the time of the execution of this Agreement, the Owner shall provide the Municipality with one (1) copy of each such Agreement( s) immediately after each such Agreement(s) is executed by the Parties thereto. 2.4 Transfer of Easements (1) On the execution of this Agreement, the Owner, at its cost, shall deliver to the Municipality the executed transfers of easements which are set out in Schedule "E" and shall pay to the Municipality in cash or by certified cheque the amount which is equal to any tax, fee or cost payable at the time of or in respect of the registration of such transfers against the title to he lands to which they apply. Such transfers shall be free and clear of all encumbrances and restrictions, shall be made for a nominal consideration, shall contain provisions satisfactory to the Municipality's Solicitor, and shall be in registerable form. (2) If, subsequent to the date of registration of any Plan of Subdivision of the Lands or 17 Subdivision Agreement 11 a plan( s) of subdivision of any part( s) thereof, but prior to the issuance of a building permit( s) for building( s) proposed to be constructed on a particular lot( s) or block(s), in the opinion of the Director further easements in such lot(s) or block(s) are required to be transferred to the Municipality, the Region of Durham, the Clarington Hydro-Electric Commission or other appropriate authority or company for Municipality purposes, Region of Durham purposes or for Utilities and Services, as the case may be, or for drainage purposes, the Owner agrees to transfer to the Municipality, the Region of Durham, the Clarington Hydro-Electric Commission or other appropriate authority or company, as the case may be, such further easement(s) forthwith after a written request to do so is given to it by the Director. Notwithstanding the foregoing, the Director shall not request such further easement(s), if its creation would prevent the erection of a dwelling on any part of a lot( s) or block( s) shown on the Plan. If further easements are requested to be transferred to the Municipality, the Region of Durham, the Clarington Hydro- Electric Commission, or other appropriate authority or company, as the case may be, the provisions of paragraph 2.4(1) shall apply with all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 2.4(2). 2.5 Transfer of Lands On the t(?,ecution of this Agreement, the Owner shall deliver to the Municipality executed transfers, sufficient to vest in the Municipality title in fee simple absolute free and clear of all encumbrances and restrictions, of the lands set out in Schedule "F" hereto and shall pay to the Municipality in cash or by certified cheque an amount of money which is equal to any tax, fee, or cost payable at the time of or in respect of the registration of such transfers against the title to the lands to which they apply. All transfers referred to in this paragraph 2.5 shall contain provisions to the satisfaction of the Municipality's Solicitor, shall be made for a nominal consideration, and shall be in a registerable form. 2.6 Registration of Transfers The transfers of easements and lands referred to in paragraphs 2.4 and 2.5 shall be prepared by the Owner and shall be registered at the Owner's expense, at the same time as the Plan is registered. If such transfers are of or in respect of lot(s) or block(s) which are to be defined on the final Plan of Subdivision of the Lands when the Plan is approved and registered against title, the registered number of the Plan shall be left blank and the Owner hereby authorizes the Municipality to insert such Plan number after registration of the Plan. 2.7 Lands for School Purposes (1) On or prior to the execution of this Agreement, the Owner shall deposit with the ~. ;8 Subdivision Agreement 12 Municipality, a letter from each and every School Board having jurisdiction over the said Lands stating that arrangements satisfactory to each and every School Board have been made respecting the acquisition of any lands necessary for school purposes to serve the said Lands. (2) In the event that any School Board which has an option to acquire any lot( s) or block(s) comprising part of the Lands does not exercise its option, forthwith after such School Board fails to exercise such option, the Owner shall give notice to the Municipality in writing that the School Board has not exercised its option. The Owner hereby grants to the Municipality an irrevocable option to acquire such lot(s) or block( s) on the same terms and conditions including, without limiting the generality of the foregoing, the consideration to be paid to the Owner, as the School Board could have acquired such lot(s) or block(s) by exercising its option as aforesaid, except that the Municipality shall exercise the option hereby granted by giving written notice to the Owner prior to the expiry of ninety (90) days after the Municipality receives the aforesaid notice from the Owner that the School Board has failed to exercise its option. The purchase of the lot( s) or block( s) in question by the Municipality shall be completed within ninety (90) days after the exercise of the Municipality's option as aforesaid. 2.8 Chame on Lands The Owner hereby charges all its interest in the Lands with the obligations set out in this Agreement. 2.9 Registration of Agreement The Owner hereby consents to the registration of this Agreement or a notice thereof against the title to the Lands. The Owner will not register, permit or suffer any person to register any instrument after the registration of the final Plan of Subdivision against the title to the Lands unless this Agreement and any transfers or other documents required to be furnished hereunder have first been registered against the title to the Lands or the appropriate portion(s) thereof, as the case may be. Without derogating from the foregoing, the Owner also hereby consents to the registration of an Inhibiting Order(s) or a Caution(s) against the title to the Lands or the relevant portion( s) thereof as the case may be, in order to give further effect to the foregoing and acknowledge that the Municipality has reasonable cause to register an Inhibiting Order(s) or Caution(s) as the case may be. 2.10 Rene!!otiation and Amendment of Agreement 19 Subdivision Agreement 13 (1) Following the occurrence of any of the events set out below in this paragraph 2.10 (the "Renegotiation Events"), the Municipality may give written notice to the Owner requiring that particular provisions of this Agreement specified in the notice shall be renegotiated and, if necessary amended by the Parties. No later than the expiry of the ten (10) day period following the date on which such notice is given, the Owner will cease and will require all persons with whom it has a contractual relationship to cease constructing and installing the Works referred to in such written notice until the specified provisions of this Agreement have been renegotiated and any necessary amendment(s) made to this Agreement. The Renegotiation Events are the following: (i) the Region, the Minister, or the Ontario Municipal Board approves a final Plan of Subdivision for the said Lands which the Municipality considers to be substantially different from the 40M Plan proposed by the Owner; (ii) the final Plan of Subdivision is not approved by the Region and registered against the title to the Lands within eighteen (18) months after the date as of which this Agreement is made; (iii) either if a Subdivision Agreement between the Owner and the Region has not been executed at the date as of which of this Agreement is made, or if such Subdivision Agreement between the Owner and the Region has been so executed, it is amended subsequent to the date as of which this Agreement is made, the provisions of such Subdivision Agreement between the Owner and the Region, in the opinion of the Municipality, affect materially the location or sizing of any of the Works to be supplied and installed under the terms of this Agreement; or (iv) construction or installation of any of the Works has not commenced within two (2) years from the date of registration of the final Plan of Subdivision of the Lands against the title to the Land. Forthwith after the giving of written notice as aforesaid requiring the renegotiation of specified provision( s) of this Agreement, the Owner and the Municipality will renegotiate the same in good faith and with expedition. In the event that the renegotiation has been completed or has not resulted in agreement by the Parties prior to the expiry of the twenty (20) day period following the date on which the notice requiring the renegotiation is given as aforesaid, at any time thereafter the ~D Subdivision Agreement 14 Municipality may give the Owner written notice declaring this Agreement to be terminated whereupon it shall terminate. (2) On the termination of this Agreement by the Municipality declaring it to be terminated in accordance with paragraph 2.10(1), none of the Parties hereto may make any claim against the Municipality for damages for any loss or cost or make any claim against the Municipality for compensation in respect of any of the Works, whether located in whole or in part on land in which the Municipality has an interest. Notwithstanding the foregoing, the Owner and the Municipality expressly agree that the covenants and agreements contained in paragraphs 3.8,3.14,5.17~5.19, 5.20 and 5.21 and Article 7 of this Agreement will survive the termination of this Agreement pursuant to paragraph 2.10(1), and paragraphs 3.8,3.14,5.17,5.19,5.20 and 5.21 and Article 7 of this Agreement shall continue to bind the Owner and may be enforced by the Municipality in the same manner and to the same extent as if this Agreement had not been terminated. (3) Without derogating from the provisions of paragraph 2.10(1) from time to time by mutual agreement, the Parties hereto may amend the terms of this Agreement and any of the Schedules, but an amendment shall only be effective if in writing and executed,. under the seals and hands of the proper officers of each Party. 2.11 Municipality to Act Promptly Wherever the Municipality, the Municipality's Solicitor, the Municipality's Treasurer or any Municipality Director is required to take action pursuant to this Agreement, or is required to make a decision or render an opinion, or give confirmation or give authorization, permission or approval shall be made promptly in all respects and the Municipality and its officials shall act reasonably. 2.12 Asshmment of At!reement The Owner shall not assign this Agreement without prior written consent of the Municipality. For greater certainty, any assignment which is made contrary to this paragraph 2.12 does not relieve a subsequent Owner of the Lands of any of his obligations under this Agreement. 2.13 Replacement of Draft Plan with Final Plan(s) (1) The Parties hereto acknowledge that at the time of the execution of this Agreement, Z/ Subdivision Agreement 15 only a red-lined copy of draft Plan of Subdivision 18T-88037 has been approved by the Region. A copy of it is contained in Schedule "B" hereto. All descriptions in this Agreement and the Schedules hereto refer to the proposed lot( s) or block( s) and street(s) shown on such red-lined draft Plan of Subdivision. The 40M Plan proposed by the Owner is also contained in Schedule "B". (2) On a final Plan of Subdivision implementing Plan 18T-88037 approved pursuant to the Planning Act, 1983 being registered against the title to anyone (1) or more portions of the Lands, the registered final Plan of Subdivision shall be deemed to be substituted for the red-lined draft Plan of Subdivision 18T-88037 for the purposes of this Agreement. All amendments necessary to this Agreement shall be considered to have been made to it and to the descriptions and references contained in it, including without limiting the generality of the foregoing, Scheduled "B","E","F","G", "N", "0", "P" and "Q", in order to replace the descriptions and references to the redlined draft Plan of Subdivision 18T-88037 with descriptions and references to and that are consistent with such registered final Plan of Subdivision. 2.14 Notification of Owner If any n.otice or other document is required to be or may be given by the Municipality or by any official of the Municipality to the Owner under this Agreement, such notice shall be mailed by first class prepaid post or delivered to: The Owner: St. Stephens Estates Inc. c/o Rosebury Holdings Inc. 601 Edgeley Blvd., Units 9 and 10 Concord, Ontario UK 4G2 or such other address of which the Owner has notified the Municipality in writing. Any such notice so mailed or delivered. shall be deemed good and sufficient notice under the terms of this Agreement and shall be effective from the date which it is so mailed or delivered. 2.15 PostDonement of Morte:age The Mortgagee hereby postpones its mortgage to this Agreement with the intent that this Agreement shall take effect as though dated, executed and registered prior to the mortgage. In the event that (1) the Mortgagee obtains an order of foreclosure against the Owner, (2) the Mortgagee directly or indirectly takes possession of the Lands, or (3) the Lands are sold after default occurs under the mortgage, the Lands shall not be used or developed by any person otherwise than in conformity with the provisions of this ZL Subdivision Agreement 16 Agreement. In order to give further assurance to the Municipality, the Mortgagee at its cost shall execute a separate Postponement Agreement containing terms satisfactory to the Municipality's Solicitor forthwith after being requested to do so by notice given in writing to the Mortgagee and to deliver the same to the Municipality. 2.16 Successors This Agreement shall enure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. ARTICLE 3 - FINANCIAL 3.1 Payment of Taxes Prior to the date of execution of this Agreement, the Owner shall pay all municipal taxes outstanding against the Lands, as set out in Schedule "C" hereto. In addition, the Owner shall pay any municipal taxes which may become due in respect of the whole or any one or more portions of the Lands after the date of execution of this Agreement in accordance with the law. 3.2 Payment of Local Improvement Charges Prior to the date of execution of this Agreement, the Owner shall pay all charges with respect to local improvements assessed against the said Lands as set out in Schedule "e" hereto. Such charges shall include the Municipality's share of any local improvements which serve the said Lands and shall include the commuted value of such charges including charges falling due after the date of the execution of this Agreement. 3.3 Payment of Drainage Chames Prior to the date of the execution of this Agreement, the Owner shall pay all drainage charges assessed under the Drainage Act and the Tile Drainage Act against the Lands, as set out in Schedule "C" hereto, including the commuted value of such charges falling due after the date of execution of this Agreement. 3.4 Payment of Development Chan!es (1) The Owner shall pay all Development Charges and portions of front-end payments required by the provisions of the Development Charges Act the "1997 DC Act" (as hereinafter defined) and the Development Charge By-law passed under the Act or the 1997 DC Act is applicable in respect of the development of the Lands or anyone 25 Subdivision Agreement 17 or more portions thereof. The Owner shall pay the Development Charges in accordance with the Schedule of Payment of Development Charges contained in Schedule "D" hereto. Each payment of Development Charges set out in Schedule "D" shall be adjusted as required by the Development Charge By-law passed under the Act or the 1997 DC Act as is applicable prior to the issuance of any building permit in respect of any lot(s) or block(s) on the Lands, to take into account increases or decreases in the Development Charge rate imposed by the Development Charge By-law then in effect as well as adjustments made on the application of the "Index" (as hereinafter defined). (2) The Parties acknowledge and agree that none of the provisions of this Agreement, including but not limited to paragraph 3.4 and Schedules "D" and "G", are intended nor shall they be considered to have the effect of exempting the Owner in whole or in part from, or making inapplicable to the Owner, or making inapplicable in respect of the development of the Lands, a Development Charge that is imposed by the Development Charge By-law and none of them shall be used as a justification for or the basis of granting the Owner a credit of any' amount in determining the development charge payable by the Owner under such By-law under the Development Charges Act. 3.5 Cash in Lieu of Land Dedication On the execution of this Agreement, the Owner shall pay the Municipality the cash payment in lieu of dedication of lands as set out in Schedule "F" hereto. 3.6 Performance Guarantee Required Prior to the date of issuance of any Authorization to Commence Work, the Owner shall deposit with the Municipality, cash or an irrevocable and unconditional letter of credit issued by a bank listed in Schedules "lor II" of the Bank Act, acceptable to the Municipality's Treasurer, and containing terms satisfactory to the Municipality's Treasurer. The deposit shall be in the amount determined by the Director to be the amount required to secure to the Municipality the performance by the Owner of its covenants contained in this Agreement to construct and install the Works and the performance of the Owner's obligations under paragraph 5.13(2) and without limiting the generality of the foregoing, in making his determination, the Director may have regard to the "Works Cost Estimate" or the "Revised Work Cost Estimate" (both terms as hereafter defined) whichever is applicable, for the construction and installation of the Works which either are the subject of an Authorization to Commence Work or for the issuance of which an Authorization to ZLf Subdivision Agreement 18 Commence Works application has been made by the Owner. If from time to time following the issuance of any Authorization to Commence Works the Director is of the opinion that the amount of the Performance Guarantee should be increased in order to protect the Municipality's interests under this Agreement, forthwith after the Director gives written notice to the Owner requiring an increase in the amount of the Performance Guarantee, the Owner shall deposit with the Municipality cash or an unconditional and irrevocable letter of credit in such amount issued by a bank listed in Schedule "I" or "II" of the Bank Act that is acceptable to the Municipality's Treasurer and continuing terms satisfactory to the Municipality's Treasurer. (The cash deposit(s) or letter(s) of credit which is (are) to be Deposited by the Owner pursuant to this paragraph 3.6 and other provisions of this Agreement are called the "Performance Guarantee".) In the event that the Owner does not increase the amount of the Performance Guarantee for a period of thirty (30) days following the giving of written notice by the Director to the Owner requiring an increase in the amount of the Performance Guarantee, (1) all Authorizations to Commence Work that have, been issued shall terminate, and (2) the Owner shall not apply for or require the issuance of any permit for the construction of buildings or any part of the Lands pursuant to the Building Code Act. Without derogating from the other provisions of this Agreement, the Parties acknowledge that if the Owner deposits a letter of credit with the Municipality's Treasurer as the whole or part of the Performance Guarantee or an increase thereof required by this Agreement, the Municipality's Treasurer, acting reasonably, may at any time draw on such letter of credit and deposit the cash proceeds thereof in an account to the credit of Municipality for disbursement in accordance with this Agreement. 3.7 U seof Performance Guarantee From time to time the Municipality may appropriate the whole or anyone or more portions of the Performance Guarantee up to an amount(s) determined by the Director, which in aggregate shall not exceed the amount( s) which in the opinion of the Director are required to remedy the Owner's breach(es) or default(s) of or under the provisions of this Agreement. Forthwith after making each such appropriation, the Director shall give the Owner written notice thereof and the Owner shall forthwith reinstate the Performance Guarantee to the full amount( s) required by this Agreement. 3.8 Indemnification of Municipalitv ;.' (1) The Owner shall defend, indemnify and save the Municipality harmless from and against all actions, claims, liabilities, losses,' damages and expenses including reasonable legal fees which arise by reason of or are caused in whole or in part by the making and/or the implementation of this Agreement, or the design, construction 25 Subdivision Agreement 19 and installation, supervIsIon of construction and installation, inspection, and/or maintenance of the Works by the Owner, its employees, contractors, suppliers of services or materials, the Owner's Engineer, the Owner's Engineer's employees, and the Owner's licensees. (2) For greater certainty, the making of this Agreement is not intended to and shall not have the effect of requiring the Municipality to do or refrain from doing any act or making any recommendation necessary for the Owner to achieve approval of the final Plan of Subdivision of the Lands and its registration against the title to the Lands. 3.9 Insurance The Owner shall obtain and maintain the insurance and deposit the proof thereof as required by Schedule "K" of this Agreement in accordance with Schedule "K" of this Agreement. 3.10 Maintenance Guarantee Reauired (1) From tht( date of issuance of an Authorization to Commence Works until the date of issuance of a Certificate of Acceptance of the Works or particular component(s) of the Works, the Owner agrees with the Municipality to promptly correct, remedy, repair or replace any portion or component of the Works in question that the Director determines to be defective or deficient having regard to the provisions of this Agreement at the Owner's cost (the "Maintenance Guarantee"). The amount of the Maintenance Guarantee shall be determined in accordance with paragraph 3.12(1) of this Agreement. The Owner shall be given written notice of any such deficiency or defect by the Director forthwith after he identifies the same. (2) The Maintenance Guarantee expires on the date of issuance of the Certificate of Acceptance of the Works referred to in paragraph 3.10(1) which shall not be earlier than the date of expiry of the relevant period of the Maintenance Guarantee for the following Works as set out below: (a) "Initial Works" (as hereafter defined): the later of (1) the date of expiry ofthe period of two (2) years which commences on the date of issuance of the Certificate of Completion for the Initial Works, and (2) the date of issuance of a Certificate of Completion for the "Final Works" (as hereafter defined); Zfo Subdivision Agreement 20 (b) "Final Works": the date of expiry of the period of one (1) year that commences on the date on which the maintenance period for the Initial Works specified in paragraph 3.1O(2)(a) expires; (c) "Street Lighting System" (as hereafter defined): the date of expiry of the period of two (2) years which commences on the date of issuance of the Certificate of Completion of the Street Lighting System; and ( d) "Stormwater Management System" (as hereafter defined): the date of expiry of the period of two (2) years which commences on the date of the issuance of the Certificate of Completion of the Stormwater Management System provided that such Certificate of Completion for the Stormwater Management System shall not be issued prior to the issuance of the Certificate of Completion for the Final Works. 3.11 Use of Maintenance Guarantee From time to time, the Municipality may appropriate the whole or any part of the Security for the Maintenance Guarantee if the Owner fails to pay any cost( s) payable by the Owner to the ~unicipality under this Agreement. The amount(s) of such appropriation shall not exceed the amount( s) which in the opinion of the Director are required to remedy the Owner's breach( es) or default( s) as determined by the Director of correcting or remedying a deficiency( s) or defect( s) in the Works or a portion or component thereof, which is covered by the Maintenance Guarantee and is in question. Forthwith after the Municipality makes any such appropriation, the Director shall give the Owner written notice thereof. Forthwith, after the giving of such notice, the Owner shall restore the Security for the Maintenance Guarantee to the full amount required by this Agreement. 3.12 Reduction and Release of Performance Guarantee (1) Prior to the release of the Performance Guarantee, in the discretion of the Director, the amount of the Performance Guarantee may be reduced, from time to time, to reflect the progress of completion of the Works and other facilities and improvements which are required to be constructed and installed by the Owner after taking into account any outstanding claims the satisfaction of which is provided for in this Agreement. The maximum reduction that may be permitted to be made by the Director is such that will leave on deposit with the Municipality's Treasurer as the Performance Guarantee an amount equal to the sum of (1) the value of the uncompleted Works and the other facilities and improvements as determined by the :21 Subdivision Agreement 21 Director having regard for the Works Cost Estimates then in force plus any amount determined by the Director but not to exceed twenty (20%) percent of such value as a completion allowance payable to the Municipality, and (2) as the Maintenance Guarantee fifteen (15%) percent of the value of the completed Works, facilities and services, also determined by the Director after considering the material, if any, submitted to the Director by the Owner's Engineer in support of an application for reduction of the Performance Guarantee. in respect of the Works that have been completed by the Owner as well as the contract documents, sub-contracts and supply contracts pertaining to the Works and the provisions of the Construction Lien Act. (2) The Owner will not require the Municipality to release to the Owner any unused portion of the Performance Guarantee until each of the following conditions is satisfied: (a) A Certificate of Completion has been issued for the Works for which the Performance Guarantee was initially required to be deposited with the Municipality. (b) The Owner has deposited or has left on deposit with the Municipality the l\1aintenance Guarantee applying to the Works for which the Performance Guarantee initially was required to be deposited with the Municipality. (c) The Director is satisfied that in respect of the construction and installation of the Works for which such Performance Guarantee was initially required to be deposited with the Municipality, there are no outstanding claims relating to such Works. (d) The Municipality is satisfied that there are no outstanding claims relating to the Works which the Municipality is required or may be permitted to pay either under the provisions of the Construction Lien Act or otherwise. (e) The Municipality is satisfied that the Owner is not in breach of any of its covenants contained in this Agreement. 3.13 Reduction and Release of Maintenance Guarantee The Owner agrees that the Municipality shall not be required to release to, the Owner the Security for the Maintenance Guarantee until each of the following conditions are satisfied: 2'1 Subdivision Agreement 22 (a) A Certificate of Acceptance has been issued for the Works for which such Maintenance Guarantee is required under this Agreement. (b) The Municipality is satisfied that there are no outstanding claims relating to such Works which the Municipality is required or may be permitted to pay either under the provisions of the Construction Lien Act or otherwise. (c) The Municipality is satisfied that the Owner is not in breach of any of its covenants contained in this Agreement. (d) With respect to all lots and blocks in the 40M Plan for which building permits have been issued and Temporary Occupancy Permits have been received by the Owner, the Municipality is satisfied that within the one (1) year period of temporary occupancy under a Temporary Occupancy Permit the Director has received the Owner's Engineer's written confirmation that grading of the lots and blocks in question has been completed in accordance with the approved Grading and Drainage Plan. (e) Tp.e Director has ~eceived the as-constructed drawings for such Works from the Owner as well as the computer disks, if any have been prepared by the Owner's Engineer. 3.14 Payment of Municipality's Costs (1) The Owner shall reimburse the Municipality for all reasonable legal, planning, engineering and other technical advice, and administrative expenses actually incurred for the preparation and registration of this Agreement and the reasonable cost of all legal services contemplated by the terms of this Agreement, which include the review of the Performance Guarantee, the review of the Security for the Maintenance Guarantee and the preparation of a Certificate(s) of Release, provided that services have actually been performed for the Municipality. (2) The Owner shall pay to the Municipality Engineering and Inspection fees m accordance with the provisions of Schedule "R". (3) Mer giving reasonable notice to the Municipality, the Owner may inspect, during regular business hours, such accounts, invoices, time records and other documents and calculations of charges for which the Municipality is requiring reimbursement ZCf Subdivision Agreement 23 pursuant to paragraph 3.14(1). 3.15 Unpaid Monies Except as otherwise provided in this Agreement, the due date of any money payable under it, unless a different due date is specified in this Agreement, shall be thirty (30) days after the date of the giving of the written invoice to the Owner. Interest shall be calculated and be paid by the Owner to the Municipality on all sums of money of which the Owner is in default at the same rate, and in the same manner, and at the same time as is the case with Municipality taxes which are in arrears at the date on which the default in question commences. 3.16 Occupancy Permit Deposit (1) Prior to the date of issuance of the first building permit for a dwelling proposed to be constructed on the Lands, the Owner and/or a person who has entered into an agreement with the Municipality containing terms satisfactory to the Municipality to assume the obligations of the Owner under this Agreement relating to a specific lot(s) or block(s) on the 40M Plan (the "Assuming Purchaser") shall deposit with the Municip<;tlity an irrevocable and unconditional letter of credit issued by a bank listed in Schedules "I" or "II" of the Bank Act acceptable to the Municipality's Treasurer, in the amount of $40,000.00 dollars (the letter(s) of credit are referred to as the "Occupancy Permit Deposit") to secure the performance of the Owner's covenant to the Municipality under this Agreement that occupancy of any dwelling(s) on the Lands will not take place before an "Occupancy Permit" (as defined in paragraph 4.10) is issued by the Director of Planning in respect of such dwelling(s) pursuant to paragraph 4.10. The letter of credit(s) shall contain terms satisfactory to the Municipality's Treasurer. In the event that occupancy of a dwelling or dwellings occurs before the date of issuance of an Occupancy Permit contrary to the provisions of paragraph 4.10, the Municipality may draw upon and appropriate from the Occupancy Permit Deposit the amount necessary to permit the Municipality to comply with the requirements of paragraph 4.10 on the Owner's and/or the Assuming Purchaser's behalf and/or at the Owner's or the Assuming Purchaser's cost, as the case may be. In the event that the Municipality so appropriates the whole or any part of the Occupancy Permit Deposit, forthwith after it and/or they are given written notice of the amount of the appropriation, the Owner and/or the Assuming 30 ," Subdivision Agreement 24 Purchaser shall restore the Occupancy Permit Deposit to the full amount of $40,000.00 dollars. The Occupancy Permit Deposit or the unused portion thereof shall be returned to the Owner and/or the Assuming Purchaser at such time as the last dwelling which may be constructed on the Lands is permitted to be occupied pursuant to an Occupancy Permit issued in accordance with this Agreement. If a letter(s) of credit is deposited as the Occupancy Permit Deposit, the Municipality agrees to permit its (their) replacement from time to time by the Owner and/or the Assuming Purchaser, as the case may be, provided that at all times the Occupancy Permit Deposit is maintained as is required by this paragraph 3.16(1). Following each such permitted replacement of a letter(s) of credit, the Municipality will return the replaced letter(s) of credit to the Owner and/or the Assuming Purchaser. (2) The Occupancy Permit Deposit requirement referred to in paragraph 3.16(1) is based on the following "Occupancy Permit Scale" of the Municipality which is current on the date of execution of this Agreement. up to 10 lots 11 to 50 lots 51 to 100 lots 101 to 250 lots 251 to 500 lots over 500 lots $10,000.00 $20,000.00 $30,000.00 $40,000.00 $60,000.00 $100,000.00 The Owner agr.ees with the Municipality that the Municipality in its discretion may amend its Occupancy Permit Scale from time to time prior to the date on which the Occupancy Permit Deposit is deposited with the Municipality pursuant to paragraph 3.16(1). The Owner shall increase the amount of the Occupancy Permit Deposit in accordance with the Municipality's amended Occupancy Permit Scale forthwith after the Director of Planning gives written notice to the Owner requiring it to do so. In the event that the Owner does not increase the amount of the Occupancy Permit Deposit for a period of twenty (20) days following the giving of written notice by the Director to the Owner requiring an increase in the amount of the Occupancy Permit Deposit, (1) all Authorizations to Commence Works that have been issued shall terminate, and (2) the Owner shall not apply for or require the issuance of any permits for the construction of buildings on any part of the Lands pursuant to the Building Code Act. (3) Prior to the issuance of a building permit for the first (1st) dwelling proposed to be constructed in each Phase Subsequent to Phase I of the Development of the Lands, st Subdivision Agreement 25 the Owner will deposit with the Municipality, an Occupancy Permit Deposit in the amount produced by applying the Municipality's Occupancy Permit Scale which is current at the date on which the Occupancy Permit Deposit is required to be lodged with the Town to the number of lots within the phase in question. The provisions of paragraph 3.11 (1) shall apply in respect of the Occupancy Permit Deposit for each Phase Subsequent to Phase I of the Development of the Lands, with all necessary changes thereto being considered to have been made to give effect to the intent of this paragraph 3.16 (3). ARTICLE 4 . PLANNING 4.1 Tree Preservation Plan (1) Prior to the issuance of any Authorization to Commence Works the Owner shall have obtained the written approval of the Director of Planning and Development, and the Director of Public Works of a plan for the preservation of trees on the said Lands (the "Tree Preservation Plan") which shall show: (a) the location and approximate size of all existing trees over 30.5 cm in circumference at 1.5 m above the ground; and (b) the location of all existing trees referred to in subparagraph (1) hereof intended to be removed during the development of the said Lands. (2) No work shall be done or caused or permitted to be done by the Owner to remove, destroy or damage any tree shown on the Tree Preservation Plan. No existing tree shall be removed until the Tree Preservation plan has been approved by the Director of Planning and the Director of Public Works. Thereafter an existing tree may be removed only if permitted by the Tree Preservation Plan. The Owner shall comply with the approved Tree Preservation Plan. In the event that any tree required to be preserved by the approved Tree Preservation Plan is removed, destroyed or damaged, the Owner at its expense shall replace that tree with a tree of a height, calliper and species as determined by the Director of Public Works in his discretion. 4.2 LandscaDine: Plan and Landscaving Requirements (1) Prior to the issuance of any Authorization to Commence Works located within Phase 1 of the Development of the Lands, the Owner shall obtain the written approval of the Director of Planning and the Director of Public Works of the "Landscaping Plan" 32- Subdivision Agreement 26 (as hereafter defined). (2) Prior to the execution of this Agreement, the Owner shall retain a qualified landscape architect acceptable to the Director of Planning and the Director of Public Works. The landscape architect shall prepare a draft landscaping plan for Phase I of the Development of the Lands showing, amongst other things required by each of the Director of Community Services, the Director of Planning and Development, and the Director of Public Works, boulevard road areas and vegetation, trees to be planted thereon and fencing and screen planting as required by paragraph 4.2(4). The draft landscaping plan shall conform with and implement the Municipality's landscaping design criteria, as amended from time to time, the approved Engineering Drawings and the other provisions of this Agreement. When the draft landscaping plan has been settled to the satisfaction of the aforesaid Directors and approved by them, it is the "Landscaping Plan" for the purposes of this Agreement. (3) The Parties acknowledge that the Landscaping Plan contained in Schedule "U" hereto is the Landscaping Plan for Phase I of the Development of the Lands for the purposes of this Agreement. (4) Prior to ~he date of issuance of any Authorization to Commence Works which are located within a Phase Subsequent to Phase I of the Development of the Lands, the Owner shall obtain the written approval of the Director of Planning and the Director of Public Works to a draft Landscaping Plan for such subsequent Phase, and the provisions of paragraph 4.2(1) shall apply with all necessary changes thereto being considered to have been made to give effect to the intent of this paragraph 4.2(4). (5) The Owner agrees at its cost to satisfy the following requirements: ( a) all lots in Urban Areas are to be sodded and all lots in Rural Areas are to be sodded or seeded, as may be required by the Director of Planning, within one (1) year of occupancy of the dwellings; (b) except where otherwise provided in the Municipality's Design Criteria and Standard Detailed Drawings, a minimum of one (1) tree per lot shall be planted on the street allowances in accordance with the provisions of this paragraph 4.2(5); ( c) all trees shall be planted in accordance with the approved Landscaping Plan and the latest Municipal Guidelines and Standard Drawings. Prior to 33 Subdivision Agreement 27 planting, Public Works staff shall be contacted to approve the tree nursery source, the quality of trees, the planting schedule and planting methods. Trees shall be maintained for the duration of the Maintenance Period by a qualified horticulturist, who shall certify the good health of all trees prior to acceptance by the Municipality; (d) screen planting and fencing shall be provided between residential uses and other uses in accordance with the Municipality's landscaping design criteria and the relevant Landscaping Plan; ( e ) fencing other than noise fencing, the height of which is specified on paragraph 4.12(6) and 4.12(9) shall have a minimum height of one point eight (1.8) metres. Chain-link fencing is not permitted except in areas abutting walkway, schools and parks and then only in accordance with the Municipality's landscaping design criteria and the relevant Landscaping Plan; and (1) where wood fencing is proposed, it must be constructed either of pressure treated wood or wood of equivalent longevity in the opinion of the Director of Planning. (6) The Owner agrees, at its expense, to provide and install trees, vegetation and fencing and to satisfy the other requirements of the Landscaping Plan for Phase I of the Development of the Lands and the relevant Landscaping Plan for each Phase subsequent to Phase I of the Development of the Lands expeditiously during the construction of dwellings on the Lands. Any default by the Owner in satisfying any of the requirements of paragraph 4.2 may be remedied or corrected by the Municipality at the Owner's cost. Without limiting the Municipality's rights under any other provision of this Agreement, the Owner acknowledges and agrees with the Municipality that the Municipality may appropriate a portion of the Performance Guarantee to indemnify the Municipality in respect of the cost of remedying or correcting any such default of the Owner at any time when deemed necessary by the Director of Planning. On each occasion, forthwith, after the Director of Planning gives the Owner written notice of the amount so appropriated, the Owner shall restore the Performance Guarantee to the amount required by this Agreement. 4.3 Use of Lands The Lands shall not be used for any purpose other than the purposes set out in Schedule "M" hereto, provided th~t such purpose is permitted by the Municipality's By-law 3Lf Subdivision Agreement 28 84-63, as amended from time to time. 4.4 Lands Unsuitable for Buildim! The Parties acknowledge and agree that the lot(s) or block(s) which are set out in Schedule "N" hereto are unsuitable for building purposes. The Owner will not make, cause or permit an application to be made for a building permit for the construction of any structure on any such lot(s) or block(s) until the conditions set out in Schedule "N" for such lot(s) or block(s) have been satisfied to the approval of the Director of Planning and the Director of Public Works and/or any other authority having jurisdiction in respect of the matter. The Owner shall maintain the lot(s) or block(s) set out in Schedule "N" in a condition acceptable to the Director of Planning. 4.5 Lands ReQuirin2 Site Plan The Owner shall not make or cause or suffer any person(s) to make an application for a building permit in respect of any lot(s) or block(s) within the Plan which are set out in Schedule "0" until the Owner has entered into a Site Plan Agreement with the Municipality respecting the development of such lot(s) or block(s) under Section 41 of the Planning Act, p~ovided that any application for a building permit shall comply in all respects with the terms of the said Site Plan Agreement and all applicable laws. 4.6 Requirements for Building Permits The execution of this Agreement by the Municipality, the approval by the Municipality of the 40M Plan, and the issuance of any Certificate of Acceptance of Works, do not constitute a representation or covenant by the Municipality to any person, nor shall be taken to give any assurance to the Owner or to any other person that building permits for buildings proposed to be constructed on any portion of the Lands when applied for, will be issued. Without limiting the generality of the foregoing, the Owner will not apply for or cause or permit an application to be made by any person for a building permit for a building proposed to be constructed on any of the Lands,. made until the following requirements are satisfied: (a) All easements required to be transferred by this Agreement to the Municipality, the Region of Durham or the Clarington Hydro-Electric Commission, and all easements required to be transferred for the purpose of Utilities and Services referred to in Schedule "H", and all easements required to be transferred or reserved for the purpose of drainage or access to the lot(s) or block(s) in respect of which an 3~ Subdivision Agreement 29 application for a building permit( s) is made, have been transferred to or reserved by the appropriate person as required by this Agreement. (b) All the roads which are required to be constructed to provide access to the proposed building in accordance with this Agreement, have been constructed at least to the completed base course of asphalt, and the Director has given the Owner his written approval of them as being sufficient to provide in his opinion adequate access to the proposed building(s). (c) All of the Works required to be constructed and installed under road(s) referred to in paragraph 4.6(b} have been constructed and installed to the satisfaction of the Director. (d) All of the Utilities and Services required to be constructed and installed pursuant to Schedule "H" have been constructed and installed and have been accepted by the Clarington Hydro-Electric Commission and/or the authority or company having jurisdiction over such Utilities and Services. Alternatively, the Municipality has received written confirmation from such Commission, authority or company, as the case may be, that sufficient financial security(s) have been received by it (them) on which it Qr they may draw to payor to reimburse itself (themselves) in respect of the costs of the design, construction and installation of such Utilities and Services if the Owner fails to construct and install them. ( e ) The Owner has provided the Director of Planning with a paper draft of the registered Plan of Subdivision of the Lands, (the Owner shall provide the Director of Planning with a mylar copy of such registered Plan of Subdivision forthwith after it is made available to the Owner by the Land Registry Office). (1) The Development Charges required to be paid by the Owner to the Municipality pursuant to paragraph 3.4 and Schedule "D" have been paid in respect of the lot( s) or block( s) for which application is made for a building permit. (g) The Owner has deposited with the Municipality the Occupancy Permit Deposit as required by paragraph 3.16 of this Agreement and it is in good standing. (h) If the application for a building permit is for a building proposed to be constructed on any lot(s) or block(s) set out in Schedule "N", the Owner has satisfied the conditions with respect to the development of such lot(s) or block(s) set out in paragraph 4.4 of this Agreement. 3(0 Subdivision Agreement 30 . (i) If the application for a building permit is for a building proposed to be constructed on any lot(s) or block(s) set out in Schedule "0", the Owner has entered into a Site Plan Agreement under Section 41 of the Planning Act with respect to the development of such lot(s) or block(s) in accordance with paragraph 4.5 of this Agreement. (j) The Performance Guarantee and the Security for the Maintenance Guarantee provided for in this Agreement have been deposited with the Municipality and are in good standing and all sums of money required to the Municipality by the Owner pursuant to this Agreement have been paid. (k) The applicant has submitted a Site Plan satisfactory to the Director and certified as being correct by the Owner's Engineer which demonstrates to the satisfaction of the Director that the final grades of the lot(s) or block(s) in respect of which the application for a building permit( s) is made are appropriate for the building( s) proposed to be constructed thereon, the grading of the lot(s) or block(s) in question and the proposed access thereto conforms with the Grading and Drainage Plan approved by the Director for the particular lot(s) or block(s) as well as with the Municipality's Design Criteria and Standard Detail Drawings. (1) The Owner has erected or caused to be erected a sign displaying all road(s), lot(s) or block( s) within the Plan sufficient to illustrate the future housing types and distribution, the location of any park, open space, school or commercial blocks proposed on the said Lands, as well as all future uses for lands which abut the said Lands as identified by an approved Official Plan, Neighbourhood Plan, or Hamlet Development Plan and/or an approved Draft Plan of Subdivision of such abutting lands. (m) (i) The Owner has constructed access routes to the subdivision in satisfaction of the requirements of the Ontario Building Code and has installed all necessary watermains and hydrants which are fully serviced. (ii) The Owner has agreed with the Municipality that during construction of the building pursuant to the building permits which have been applied for fire access routes will be maintained continuously as required by the Ontario Fire Code, storage of combustible waste will be maintained in accordance with the Ontario Fire code, and open burning will not occur contrary to the Ontario Fire Code. 31 Subdivision Agreement 31 (iii) The Owner has agreed with the Municipality to comply with the Ontario Fire Code with respect to Combustible Waste and Open Burning. (iv) The Owner has agreed with the Municipality to have regard for the "Guidelines to Fire Prevention" published jointly by the Ontario Home Builder's Association and the Toronto Home Builder's Association in respect of construction of dwellings. (n) The Owner has provided written confirmation that all dwelling(s) to be erected on the Lands in which the lot(s) or block(s) in question is located, satisfy the Architectural Control Standards contained in Schedule "W" hereto. (0) The Owner has satisfied the requirement of paragraph 4.12 of this Agreement. 4.7 Model Homes (1) Notwithstanding the provisions of paragraph 4.6 of this Agreement, the Owner may apply for building permit(s) for model home(s) to be used for sales display purposes which it ,.proposes to construct on not more than ten (10%) percent of the total number of lot(s) within the registered Plan of Subdivision of the . Lands, provided that: (a) each such application is in conformity with all By-laws of the Municipality, the Ontario Building Code Act and the Ontario Building Code; (b) all building permit fees, Occupancy Permit Deposits and the Development Levies provided for in this Agreement have been paid to or deposited with the Municipality as is required by law and this Agreement; (c) the Owner has satisfied the Director that the final grades of the lot(s) or block(s) is appropriate for the proposed model home(s) and that such final grades are in compliance with the Grading and Drainage Plan; (d) the Owner has complied with the provisions of paragraphs 4.6(1) and 4.6(n) of this Agreement. (2) Prior to the date of issuance of any building permit for a model home( s), the Owner shall obtain the approval of the Director of the proposed access to the model 3~ Subdivision Agreement 32 home(s) in question. In each case, such access shall be to the satisfaction of the Director and the Municipality's Fire Chief. (3) Any model home( s) constructed on the Lands shall be used for sales display purposes only and shall not be occupied for any residential purpose until such time as the provisions of paragraphs 4.6 and 4.10 of this Agreement have been complied with. If such model home( s) is occupied for residential purposes contrary to the provision of this paragraph 4.7(3), then without derogating from any rights of the Municipality may have under this Agreement, a statute, a regulation, or a by-law, the provisions of paragraph 3.16 shall apply and shall be complied with by the Owner on each occasion that such unauthorized occupation takes place. (4) The Owner understands and agrees with the Municipality that if the Owner constructs or causes or permits any person to construct one (1) or more model home( s) on any part of the Lands prior to the day on which the watermains and hydrants on the Lands or any part of them are fully setviced and operational for fire protection purposes to the satisfaction of the Municipality's Fire Chief, the construction and/or use of the model home(s) is entirely at the risk of the Owner. The Owner shall save the Municipality harmless and indemnify the Municipality from and agaipst all actions, claims, liabilities, losses, damages and expenses, including reasonable legal fees, which arise by reason of construction and/or use of such model home(s), and the provisions of paragraph 3.8(1) shall apply with all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 4.7(4). 4.8 Architectural Control Standards All dwellings to be erected shall satisfy the Architectural Control Standards as contained in Schedule "W" hereto. 4.9 Requirements for Sale of Lands Without derogating from any other provision of this Agreement the Owner shall not sell the Lands or anyone (1) or more portions of the Lands until each of the following conditions is satisfied: ( a) the transfers of easements and transfers of lands referred to in paragraphs 2.4 and 2.5 have been registered in accordance with paragraph 2.6; 39 Subdivision Agreement 33 (b) where a building permit has not been issued in respect of a lot(s) or block(s) shown on the Plan which is proposed to be sold, the Owner has obtained from the prospective purchaser an enforceable covenant made directly with the Municipality by which such purchaser agrees with the Municipality, that prior to the issuance of a building permit for a building on the land in question, he will deliver to the Municipality, the Clarington Hydro-Electric Commission, other authority and/or company, as the case may be, any transfers of easements as in such lot(s) or block(s) which are required for Municipality, Region of Durham and Utilities and Services or drainage purposes, as determined by the Director, forthwith after written request by the Director therefore is given to the Owner; ( c) the Owner has obtained from such prospective purchaser of a lot( s) or block( s), a licence to permit the Owner and/or Municipality, to enter on the lot(s) or block(s) in question in order to perform the Owner's obligations under this Agreement and to permit the Municipality to exercise its rights under this Agreement to correct or remedy a default of the Owner in such performance; (d) the Performance Guarantee, the Security for the Maintenance Guarantee and all cash deposits or letters of credit required by this Agreement have been deposited with the !\1unicipality and all letters of credit deposited with the Municipality are in good standing; and (e) the Owner has included in the Agreement to purchase the Lands or the lot(s) or block(s) on the Plan which is ent~red into by the prospective purchaser(s) as the case may be, a notice that the Lands are subject to the covenants and obligations set forth in this Agreement, and the Municipality's Traffic By-law 91-58 pertaining to on-street parking and the provisions of Article 7 in respect of the obligations of subsequent owners. 4.10 Reauirements for Occupancy Permit (1) Notwithstanding the requirements of any statute, regulation or by-law respecting the issuance of any permit authorizing or permitting the occupancy of any building, the Owner shall not occupy or cause or permit any building on the said Lands to be occupied without the written permission of the Municipality (the "Occupancy Permit") having been given. In addition to satisfying the other requirements of this Agreement, an Occupancy Permit shall not be issued to any person for any building until the following requirements are satisfied: ~D Subdivision Agreement 34 ( a) all of the roads which are required to be constructed under this Agreement, and which will provide access to such building, have received the application of the base course of asphalt, to the written satisfaction of the Director and the required street lighting system has been installed and energized, all at the cost of the Owner; (b) all of the storm drainage system required to be constructed and installed to service such building has been constructed and installed to the written satisfaction of the Director, and such building has been connected thereto; (c) all of the Utilities and Services, with the exception of telephone and cable T.V., which are required to be constructed, installed and connected to the building pursuant to Schedule "H", have been so constructed, installed and connected to the written satisfaction of the Director, the Clarington Hydro- Electric Commission or the authority or company having jurisdiction over . such Utilities and Services, as is appropriate; ( d) the building has been connected to and is serviced by a water supply and sewage disposal system to the written approval of the Region of Durham; (e) either the Owner's Engineer has provided the Director with his written certification that the lot(s) or block(s), on which such building is located has been developed in conformity with the Grading and Drainage Plan, or the Owner has given written approval by the Director to vary the requirements of the approved Grading and Drainage Plan with respect to the lot( s) or block(s) in question; and (f) the building has been finally inspected and approved pursuant to the Building Code Act, the Ontario Building Code and the Plumbing Code. (2) The Owner agrees with the Municipality that prior to the issuance of a "Temporary Occupancy Permit" referred to in Section 4.10(3), the Owner through its qualified Acoustic Engineer approved by the Director of Planning, has confirmed, in writing to the Director of Planning, that the dwelling in question has been constructed in accordance with the approved "Noise Impact Study" referred to in paragraphs 4.12(6) and 4.12(10) of this Agreement (3) Notwithstanding the provisions of paragraph 4.1O(1)(e), the Owner may be issued a permit (the "Temporary Occupancy Permit") by the Director of Planning to permit 2f1 Subdivision Agreement 35 the temporary occupancy of a dwelling provided that the Owner establishes to the satisfaction of the aforesaid Director that it has been unable to comply with the requirements of paragraph 4.10( e ) by reason of seasonal, weather or other conditions which are considered by the Director, in his discretion, to be beyond the control of the Owner. Prior to the issuance of a Temporary Occupancy Permit the Owner shall establish, to the satisfaction of the Director of Planning that the provisions of paragraphs 4.1O(1)(a), (b), (c), (d) and (f) have been satisfied. The Owner also shall provide to the aforesaid Director the written confirmation required by paragraphs 4.10(1)( e) within one (1) year from the date of the commencement of the Temporary Occupancy Permit respecting the dwelling in question. Until such written confirmation is provided to the aforesaid Director, the Municipality may retain the Occupancy Permit Deposit provided for by paragraph 3.16 of this Agreement, whether or not a Temporary Occupancy Permit has been issued, if the Owner does not comply with the approved Grading and Drainage Plan within ten (10) days, excluding Saturday and Sunday, after being required to do so by written notice given to the Owner by the Director, the Municipality may appropriate the approved Grading and Drainage Plan, as determined by the Director in his discretion, provided that the Director shall give written notice to the Owner forthwith after making each such appropriation of the amount of the appropriation in question. If the written confirma~ion which is required by paragraph 4.1O(1)(e) is not provided to the aforesaid Director within one (1) year of the date of issuance of a Temporary Occupancy permit, no person shall occupy the dwelling in respect of which a Temporary Occupancy Permit has been issued until an Occupancy Permit respecting the dwelling has been issued pursuant to paragraph 4.10(1). 4.11 Cash in lieu of Lands for Park or other Public Recreational Purposes Without derogating from the other provisions of this Agreement, on the execution of this Agreement, the Owner shall pay to the Municipality in cash the amount of money in lieu of the transfer of land to the Municipality for parks and other public recreational purposes which is set out in Schedule "F". 4.12 Special Conditions (1) . The Owner shall implement those noise control measures described in the "Noise Impact Study" (as hereinafter defined) and the abatement measures referred to in paragraph 4.12(6). (2) During construction on the Lands the Owner shall maintain fire access routes to the 42-- Subdivision Agreement 36 satisfaction of the Municipality's Fire Chief. (3) In cases in which an Appropriate Authority determines that the well or private water supply of any person is interfered with either as a result of the' grading of, construction on, or the development of the Lands or any portion of the Lands, or as a result of the construction or installation of any of the Works, the Owner, at its cost, either shall connect the affected person to the Municipal water supply system or shall provide a new well or private water system so that water supplied to the affected person shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected person prior to the interference. ( 4) The Owner shall comply with the provisions of Schedule "Q" and Schedule "V' hereto. (5) Any deadends and/or open side of road(s) allowances created by this draft Plan shall be terminated in zero point three (0.3) metre reserve(s) which shall be transferred to the Municipality. Paragraphs 2.5 and 2.6 apply in respect of such transfers with all changes necessary being considered to have been made to them and give effect to this paragraph 4.12(4). (6) The Ow~er shall implement the specific noise impact recommendations contained in the approved Noise Impact Study for draft Plan of Subdivision 18T-88037 dated October 1989, prepared by'G.M. Sernas & Associates Ltd. and Addendum Report dated April 22, 1997, as approved by the Director of Planning and Development, (the "Noise Impact Study") including the specific items noted below: SUMMARY OF RECOMMENDED ABATEMENT MEASURES NUMBER LOT ON 40M PLAN/18T-88037 ABATEMENT MEASURES 1. Lot 1 on 18T-88037 Lot 39L on 18T-88037 Lot 64R on 18T-88037 Lot 103L on 18T-88037 Lot 130R on 18T-88037 Lot 166 on 18T-88037 Lot 208L on 18T-88037 Lot 208R on 18T-88037 Lot 209R on 18T-88037 Lot 214L on 18T-88037 Warning Clause #2, 1.8 High Noise Barrier and Mandatory Central Air Conditioning (Lot 95 on 40M Plan) (Lot 32L on 40M Plan) (Lot 32R on 40M Plan) (Lot 33R on 40M Plan) (Lot 67L on 40M Plan) 2. Lot 2 on 18T-88037 Lot 39R on 18T-88037 Lot 64L on 18T-88037 Lot 103R on 18T-88037 Lot 122 on 18T-88037 Lot 123 on 18T-88037 Lot 124 on 18T-88037 Provisions for Central Air Conditioning and Warning Clause Numbers 2 and/or 3 Subdivision Agreement Lot 125 on 18T-88037 Lot 126 on 18T-88037 Lot 127 on 18T-88037 Lot 128 on 18T-88037 Lot 129 on 18T-88037 Lot 130L on 18T-88037 Lot 165 on 18T-88037 Lot 167 on 18T-88037 Lot 208R on 18T-88037 Lot 209L on 18T-88037 Lot 214R on 18T-88037 Lot 213L on 18T-88037 Lot 63 on 18T-88037 Lot 62 on 18T-88037 Lot 61 on 18T-88037 Lot 60 on 18T-88037 Lot 59 on 18T-88037 Lot 58 on 18T-88037 Lot 57 on 18T-88037 Lot 56 on 18T-88037 lf3 37 (Lot 96 on 40M Plan) (Lot 1 on 40M Plan) (Lot 32R on 40M Plan) (Lot 33L on 40M Plan) (Lot 67R on 40M Plan) (Lot 66 on 40M Plan) (7) The Owner shall prepare and submit an addendum to the Noise Impact Study to the Region of Durham and the Municipality of Clarington for review and if appropriate, approved by the Director. The addendum shall be approved and prepared in accordance with the Ministry of Environment guidelines and shall evaluate the impact of noise from the Canadian Pacific Railway and Mearns Avenue on Lots 339 to 346 inclusive, as shown on draft Plan of Subdivision 18T-88037. The addendum to the Noise Impact Study shall recommend any necessary noise attenuation measures to be taken on said lots. The Owner further acknowledges that the development of Block 353 on 18T-88037 shall take into account the noise attenuation measures contained within the Noise Impact Study. Furthermore, the following Warning Clause "1" shall be attached to all offers of purchase and sale of dwellings on Lots 339 to 346 inclusive as shown on draft Plan of Subdivision 18T-88037: "Purchasers are advised that noise levels due to. increasing rail traffic may continue to be of concern, occasionally interfering with some activities of the dwelling occupants. " Note: L - Left side of semi-detached lot (from the road) R - Right side of semi-detached lot (from the road) (8) The following Warning Clause "2" regarding outdoor noise levels shall be attached to all offers of purchase and sale of dwellings for the following lots on the 40M Plan: Lots 1, 39L, 64R, 103L, 130R, 166, 167, 207L, 208L, 208R, 209R, 210R, 213L, 214L, 214R, 273 (lot 88 on 40M Plan) all as shown on draft Plan of Subdivision 18T-88037. 1ft Subdivision Agreement 38 "Purchasers are advised that despite the inclusion of noise abatement features within the development area and within the individual dwelling units, noise levels from future road traffic may continue to be of concern, occasionally interfering with some activities of the building occupants as the noise level will exceed the Ministry ,of Environment and Energy's noise criteria." Furthermore, the Owner acknowledges and agrees that Lots 67L, 33R, 32L and 95, all as shown on the 40M Plan for Phase one (1) must be constructed with central air conditioning. "These dwelling units were fitted with central air conditioning which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Ministry of Environment and Energy's noise criteria." (9) The following Warning Clause "3" regarding outdoor noise levels shall be attached to all offers of purchase and sale of dwellings for the following lots on the 40M Plan: Lots 2, 39R, 64L, 103R, 122 to 129, BOL, 165, 167, 207L, 208R, 209L, 210R, 213L, 214R, 56 to 63, all on Draft Plan of Subdivision 18T-88037. "This dwelling unit has been fitted with a forced air heating system, and the ducting has been sized to accommodate central air conditioning. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Ministry of Environment and Energy's noise criteria. (Note: the location and installation of the outdoor air conditioning device should be done so as to minimize the noise impacts and comply with criteria of M.O.E.E. publication NPC-216, Residential Air Conditioning Devices.)" / (10) The Owner shall implement the recommendations contained in the approved Noise Impact Study and the approved addendum thereto. Without limiting the foregoing, the Owner shall: (a) construct one and eight-tenths (1-8/10) of a metre high acoustical noise barrier fencing on the relevant lots and blocks referred to in the Noise Impact Study; (b) place on title appropriate warning clauses for each of the lot(s) or block(s) in question in accordance with paragraphs 4.12(7), 4.12(8) and 4.12(9); and 15' Subdivision Agreement 39 ( c) by implementing the construction techniques described in the Noise Impact Study, construct each dwelling in accordance with the recommendations of that Study. (11) Prior to the issuance of a building permit for a dwelling proposed to be constructed on any of the lots referred to in paragraphs 4.12(6) and 4.12(10) the Owner shall provide its Acoustic Engineer's written certificate to the Director certifying that the builder's plans for the dwelling are in accordance with the Noise Impact Study and the addendum thereto. (12) The Owner acknowledges and agrees to conform to the approved stormwater management plan for the watershed, approved to the satisfaction of the Director of Public Works. Contributions are made based on developing lands to the proposed stormwater detention pond south of Concession Street, on the west branch of Soper Creek to the satisfaction of the Director of Public Works. (13) The Owner acknowledges and agrees to bear the costs (100%) associated with any works on Mearns Avenue which are necessitated as a result of this development. (ie: intersectton improvements, turning lanes, utility relocation, ditch grading, sodding, entrance construction, etc.). (14) The following Warning clause shall be attached to all offers of purchase and sale of dwellings on all lots and blocks asshown on the 40M-Plan for all phases of the Lands: "The Purchaser acknowledges that the lot shall be graded by the purchaser's building, in accordance with plans approved by the Municipality of Clarington, and that issues regarding quality of workmanship should be directed to the purchaser's builder. Such lot grading may include swales, slopes, retaining walls and, where applicable, sewers and catchbasins on easements. The grading may also be required to accommodate drainage from surrounding lands." (15) The Owner shall supply on disk in a CAD format acceptable to the Municipality a copy of approved draft Plan of Subdivision 18T-89037 and 40M-Plan. ARTICLE 5 - PUBLIC WORKS 5.1 Municipality Works Required The Owner at the Owner's expense shall construct and install the facilities, services, works, improvements and landscaping more particularly described in Schedule "0" hereto (collectively in this Agreement are called the "Works"). From the date of commencement 40 Subdivision Agreement 40 of the construction and installation of the Works until the date of issuance of a Certificate of Acceptance of them the Owner shall be fully responsible for the maintenance of the Works including the cost thereof. After the issuance of a Certificate of Acceptance, the Works referred to in such Certificate shall be the responsibility of the Municipality. 5.2 Utilities and Services Required Either prior to or forthwith after the date of this Agreement, the Owner shall enter into an Agreement(s) with the authorities or companies or company having jurisdiction in respect of the Utilities and Services referred to in Schedule "R" in the area in which the said Lands are located which provides for the matters referred to in Schedule "R". 5.3 Owner's Eos!ineer (1) At all times until this Agreement is released, the Owner shall retain the Owner's Engineer who shall perform the duties set out in Schedule "I". on the execution of this Agreement and on each occasion on which a new Owner's Engineer is retained by the Owner, forthwith after retaining the Owner's Engineer, the Owner shall give the Director written notice of the name, address and telefax number of the Owner's Engineer.:. No partnership, association of persons or corporation shall be retained as the Owner's Engineer without the prior written approval of the Director. All notices to be given to the Owner's Engineer are properly given if given by personal service, by telephonic facsimile communication, or first class prepaid post addressed to the Owner's Engineer at the address or telefax number provided to the Director pursuant to this paragraph 5.3. Forthwith after the Director gives the Owner written notice requiring it to do so, the Owner shall give the Director written notice advising him whether or not the approved Owner's Engineer continues to be retained by the Owner. (2) If at any time following the execution of this Agreement until the day on which a Certificate(s) of Acceptance has been issued for all of the Works in accordance with this Agreement, the Owner's Engineer resigns, abandons his office or is terminated by the Owner, the Owner shall give the Director written notice of that fact within three (3) days from the date of the resignation, abandonment or termination, as the case may be. Until such time as the Owner retains and notifies the Director of the name and address of a new Owner's Engineer who is qualified to be approved by the Director pursuant to this Agreement and who in fact is approved by the Director, the Owner hereby authorizes the Director on the Owner's behalf and the Owner's cost to appoint a new Owner's Engineer, provided that (1) forthwith after appointing a new Owner's Engineer, the Director shall give the Owner written notice of the name, address and telefax number of the Owner's Engineer who is so appointed; (2) 47 Subdivision Agreement 41 the Owner shall not act to terminate the new Owner's Engineer except for cause, and then only with the prior written approval of the Director; (3) the Director may appropriate from the Performance Guarantee and the security for the Maintenance Guarantee amounts necessary to pay the Owner's Engineer's reasonable fees and disbursements; and (4) the Director may appoint as the new Owner's Engineer any partnership, association of persons or corporation otherwise qualified under this Agreement who or which previously may have resigned or abandoned the performance of the services as the Owner's Engineer under this Agreement or who or which may previously have been terminated by the Owner, whether or not for cause. The provisions of paragraph 5.3(1) apply when a new Owner's Engineer is appointed by the Director under this paragraph 5.3(2) with all necessary changes thereto being considered to have been made to give effect to this paragraph 5.3(2) 5.4 Design of Works (1) The Owner covenants and agrees that the design of all the Works shall conform with all applicable legislation and the Municipality's Design Criteria and Standard Detail Drawings. In the event of any dispute as to such requirements or their interpretation, the dispute shall be resolved by the Director whose decision shall be final. (2) The Owner shall provide and submit to the Director all necessary Engineering Drawings and obtain all approvals for the construction and installation of the Works, as required by this Agreement. (3) Without derogating from the provisions of paragraphs 2.4 and 2.5 and Schedules "E" and "F' of this Agreement, on the execution of this Agreement, the Owner, at its expense, shall transfer to the Municipality any land or easements considered necessary in the opinion of the Director to accommodate the construction, installation and maintenance of the Works. For greater certainty, the Parties agree that the provisions of paragraphs 2.4 and 2.7 shall apply in respect of any such transfers of easements with all necessary changes being considered to have been made to give effect to the intent of this paragraph 5.4(3). Each transfer of land shall be in fee simple absolute, and free and clear of all encumbrances and restrictions. It shall be prepared by the Owner in registerable form and be satisfactory to the Municipality's Solicitor. At the time of delivery of each transfer of land to the Municipality, the Owner shall pay to the Municipality in cash or by certified cheque an amount equal to any tax, fee or charges payable at the time of or in respect of the registration of such transfer against title to lands to which it applies. f~ Subdivision Agreement 42 5.5 Em!ineerin!! Drawings (1) Prior to the issuance of any Authorization to Commence Works, the Owner shall obtain the written approval of the Director of the Original copy of all the drawings of the Works (the "Engineering Drawings"). If construction and installation of the Works has not commenced within two (2) years from the date of approval of the Engineering Drawings, the Engineering Drawings shall be resubmitted to the Director for his reconsideration and approval after any revisions required by the Director have been made to them (the "Reapproved Engineering Drawings"). From and after the approval by the Director of the Reapproved Engineering Drawings, they shall be deemed to be the Engineering Drawings for the purpose of this Agreement, and thereafter all Works shall be constructed and installed in accordance with them. The Owner hereby irrevocably assigns to the Municipality without cost to the Municipality the right to use and to reproduce the Engineering Drawings and all reports that relate in whole or in part to the Works which have been prepared by or for the Owner in connection with the performance of the Owner's obligations under this Agreement. The Owner acknowledges that approval of the Engineering Drawings or reports by the Director shall not relieve the Owner from its obligation to satisfy all requirements of or made pursuant to this Agreement. (2) Prior to the issuance of any Authorization to Commence Works, the Owner shall provide the Director without cost to the Municipality with the Owner's Engineers (1) written acknowledgement that the Engineering Drawings and reports referred to in paragraph 5.5(1) may be used and/or reproduced by the Municipality without cost or prior approval or permission, (2) written permission for the Municipality's officers, employees, agents, contractors and suppliers to use the specifications, data, drawings, records and reports whether completed or in progress of completion in satisfaction of the Owner's obligations under the provisions of Schedule "I" of this Agreement without cost or prior approval or permission, and (3) written undertaking to deliver to the Director the original copy of the Engineering Drawings forthwith after being given written notice by the Director requiring the Owner's Engineer to do so, whether or not the Owner's Engineer's fees and disbursements in respect of any of them have been paid. Prior to each occasion on which a new Owner's Engineer is retained by the Owner and approval of the Director is sought, the Owner shall provide the Director with a similar written acknowledgement and written permission of the new Owner's Engineer, provided that if the new Owner's Engineer is to be retained by the Director on behalf of the Owner pursuant to paragraph 5.3(2), the Director shall obtain from the prospective Owner's Engineer the aforesaid written acknowledgement and permission. Forthwith after the Director gives the Owner's tft Subdivision Agreement 43 Engineer written notice requiring them or it to do so, copies of the Engineering Drawings, computer disks, specifications, data, drawings, records and reports referred to in this paragraph 5.5(2) shall be provided to the Director without cost to the Municipality. 5.6 Approval of Gradinl! and Drainal!e Plan Prior to the issuance of any Authorization to Commence Works, the Owner shall obtain the written approval of the Director of an appropriate Plan showing thereon the existing drainage pattern on all lands adjacent to the Lands, and all proposed grading and drainage Works for the said Lands, and indicating the direction of all surface drainage, including water from adjacent land originally flowing through, into or over the said Lands to the municipal storm sewer system or any other outlet approved by the Director (the "Grading and Drainage Plan"). The written approval of the Director of the Grading and Drainage Plan shall be obtained prior to the commencement of construction or installation of any of the Works on the Lands. If construction of such Works is not commenced within two (2) years from the date of approval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be resubmitted to the Director for his reconsideration, and approval by the Director after any revisions required by the Director have been made to it, (the "Reapproved Grading and Drainage Plan"). From and after the approval by the Director of the Reapproved Grading and Drainage Plan, it shall be deemed to be the Grading and Drainage Plan for the purposes of this Agreement, and thereafter all Works shall be constructed and installed in accordance with it. 5.7 Staging of Construction Prior to the commencement of construction and installation of any of the Works, the Director, in his discretion, may give written notice to the Owner requiring that the Owner prepare and submit to him a Works staging plan (the "Staging Plan". Forthwith, after the giving of such notice, the Owner shall prepare and submit to the Director of Public Works and the Director of Planning for their consideration and approval a draft Staging Plan. The Owner shall not proceed with the construction and installation of any Works until the Staging Plan has been approved by the Director of Public Works and the Director of Planning after any revisions required by them have been made to the draft Staging Plan. Thereafter, the Owner shall proceed to construct and install the Works only in. accordance with such approved Staging Plan and any amendment which may be approved thereafter by the Director of Planning and the Director of Public Works. The Staging Plan for the purposes of this Agreement is the Plan contained in Schedule "G-l" attached hereto 50 Subdivision Agreement 44 provided that for the purposes of this paragraph 5.7 the Staging Plan may be amended from time to time with the written approval of the Director. 5.8 Approval of Schedule of Works Prior to the issuance of any Authorization to Commence Work, the Owner shall obtain the written approval of the Director of a draft schedule (the "Schedule of Works") which sets out the time at which, and the sequence in which, the Owner proposes to construct and install each of the Works, Utilities and Services which are required to be constructed and install each of the Works, Utilities and Services which are required to be constructed and installed by it in accordance with this Agreement. Notwithstanding the foregoing provisions of this paragraph 5.8, in cases in which the constructed and installation of the Works is to be staged in accordance with the Staging Plan, prior to the date of issuance of the Authorization to Commence Works for each stage provided in the Staging Plan, the OWner shall obtain the written approval of the Director of a Schedule of Works for such stage, and thereafter shall proceed to construct and install the Works, Utilities and Services in such stage in compliance with the approved Schedule of Works, and any amendment( s) thereto which may be approved by the Director. 5.9 Approval of Works Cost Estimates and Sta\!e Cost Estimates Prior to the issuance of any Authorization to Commence Works, the estimated cost of construction and installation of the Works, (the "Works Cost Estimates"), shall be submitted by the Owner to the Director for his consideration and if appropriate his approval. After approval, the Works Cost Estimate shall be entered for the Owner and the Municipality by the Director in Schedule "J" hereto whereupon it shall replace the content of Schedule "J" for all of the purposes of this Agreement. If a Staging Plan has been approved pursuant to paragraph 5.7, prior to the issuance of an Authorization to Commence Works in the stage the Owner agrees that the estimated costs of construction and installation of the Works for each stage in question, (the "Stage Cost Estimates"), shall be submitted by the Owner to the Director for his consideration and if appropriate his approval. After approval the Stage Cost Estimates shall be entered for the Owner and the Municipality by the Director in Schedule "J". 5.10 Requirements for Authorization to Commence Works (1) The Owner shall not commence the construction or installation of any of the Works without the written permission of the Municipality, (the "Authorization to Commence Works"). The Owner shall only commence the construction and installation of those 5/ Subdivision Agreement 45 Works permitted by the Authorization to Commence Works. In addition to satisfying all the other requirements of this Agreement in respect thereof, an Authorization to Commence Works shall be issued for any of the Works for which the Authorization is sought until the following conditions have been satisfied: (a) the final Plan of Subdivision of the Lands has been approved by the Region pursuant t<? the Planning Act; (b) the final Plan of Subdivision of the Lands has been registered against the title to the Lands; (c) the Owner has delivered to the Municipality (1) a copy(s) of this Agreement as registered against the title to the Lands;(2) a copy(s) of the registered Plan of Subdivision of the Lands; and (3) a copy(s) of the other Agreement(s) referred to in paragraph 2.3 of this Agreement; ( d) the Owner has paid to the Municipality any monies required by paragraphs 3.1, 3.2, 3.3 and 3.4 of this Agreement; ( e ) th~ Owner has delivered the transfers of easements to the Municipality in accordance with paragraph 2.4 of this Agreement; (t) the Owner has delivered to the Municipality transfers of the lands and paid the required cash in accordance with paragraphs 2.5. 2.6 and 4.12(4) of this Agreement, and such transfers have been registered against the title to the appropriate portions of the Lands; (g) the Owner has delivered to the Municipality letters signed on behalf of the authority authorities or companies having jurisdiction with respect to the Utilities and Services that are referred to in Schedule "H" that satisfactory Agreement( s) have been entered into by the Owner with them for the design, construction, installation and services of the Utilities and Services as is required by paragraph 5.2 of this Agreement; (h) the Owner has retained the Owner's Engineer in compliance with paragraph 5.3(1), has provided the name, telefax number and address of the Owner's Engineer to the Director in writing, has provided the Director with the written acknowledgement and permission of the Owner's Engineer as required by paragraph 5.5(2), and has provided the Director with the Owner's 52- Subdivision Agreement 46 Engineer's written undertaking that they or it will. comply with the provisions of Schedule "I" of this Agreement; (i) the Owner has been given the written approval of the Director of the Engineering Drawings as required by paragraph 5.5 of this Agreement; (j) the Owner has been given the written approvals of the Director of Planning and Development, Director of Public Works and Director of Community Services of the Tree Preservation Plan as required by paragraph 4.1 of this Agreement; (k) the Owner has received written approvals of the Director of Planning and the Director of Public Works of the Landscape Plan as required by paragraph 4.2 of this Agreement; (1) the Owner has received the written approval of the Director of the Grading and Drainage Plan required by paragraph 5.6 of this Agreement; (m) the Owner has received the written approvals of the Director of Public Works a~d the Director of Planning of the Staging Plan as provided in paragraph 5.7 of this Agreement; (n) the Owner has received the written approval of the Director of the Schedule of Works as required by paragraph 5.8 of this Agreement; (0) the Owner has received the written approval of the Director to the Works Cost Estimates or the Stage Cost Estimates as required by paragraph 5.9 of this Agreement; (p) the Owner has deposited with the Municipality a Performance Guarantee required by paragraph 3.6 and other provisions of this Agreement and has made all cash payments to and deposited all letters of credit with the Municipality as required by this Agreement; ( q) the Owner has deposited with the Municipality's Treasurer all policies of insurance or proof thereof required by and in accordance with paragraph 3.9 and Schedule "K" of this Agreement; (r) the Owner has paid all costs required to be paid to the Municipality by paragraph 3.14 of this Agreement on or prior to the date of issuance of the Authorization to Commence Works; 53 Subdivision Agreement 47 (s) the Owner has deposited with the Director written approval of all relevant approving agencies including the Ministry of the Environment, the Ministry of Natural Resources, the Region and the Central Lake Ontario Conservation Authority with respect to the Works; (t) the Owner has deposited with the Director its written undertaking to provide the Director without cost with a copy of the contract documents, names and addresses of all contractors, sub-contractors and suppliers of services and materials, and copies of all sub-contracts and supply contracts relating to the construction and installation of the Works for which the application for Authorization to Commence Works is made, forthwith after written notice is given by the Director to the Owner to provide any or all of the aforesaid material; and (u) the Owner has been given the written approvals of the Director of Planning and Development, Director of Public Works and Director of Community Services as required by paragraph 4.12 of this Agreement. (2) Notwithstanding the provisions of paragraph 5.10(1), the Owner may commence the construction and installation of the Works with the written approval of the Director prior to the registration of the Plan of Subdivision referred to in paragraph 5.10(1)(b), provided that the requirements of clauses 5.10(1)(d), (g), (h), (i), 0), (k), (1), (m), (n), (0), (p), (q), (r), (s) and (t) have been satisfied by the Owner and the lands and easements considered by the Director to be necessary to accommodate the Works and all components thereof have been transferred to the Municipality. In such a case, however, a Certificate of Completion of the Works, shall not be issued by the Director until a Plan of Subdivision of the Lands has been registered against the title to the Lands and all the other requirements of this Agreement respecting the issuance of a Certificate of Completion have been satisfied. Notwithstanding the approval of the Director under this paragraph 5.10(2), the Owner agrees with the Municipality that the construction or installation of any of the Works pursuant to paragraph 5.10(1), if undertaken, shall be undertaken at the sole risk of the Owner and the Owner hereby waives any right that he might otherwise have as a result of its construction and installation of any of the Works. 5.11 Requirements for Commencement of Subsequent Stai!es of Works If the Director has approved a Staging Plan for the Lands, the Owner shall require an Authorization to Commence Works for each stage defined in the Staging Plan. Sf- Subdivision Agreement 48 5.12 Inspection and Stop Work The Owner shall ensure that every contact that may be made by the Owner with any contractor to construct or install any of the Works shall provide that employees or representatives of the Municipality may, at any time, inspect the work of such contractor and shall require the contractor to comply with stop work orders ~iven by the Director pursuant to this paragraph 5.12. The Director may give the Owner a written order to stop the construction or installation of any of the Works that is being undertaken by giving written notice either to the Owner or to the Owner's Engineer to that effect if in the Director's opinion either (1) the Works are not being undertaken such that a completed construction and installation of all the Works satisfactory to the Municipality in accordance with this Agreement will result, or (2) the Performance Guarantee and the security for the Maintenance Guarantee required to be provided pursuant to this Agreement in respect of the Works has not been deposited or is not maintained in good standing. The Owner shall comply with the stop work order forthwith after it is given by the Director in accordance with this paragraph 5.12 by requiring the Owner's contractor and sub-contractors who are constructing and installing the Works or components thereof in question and are referenced in the order to comply with it forthwith. A stop work order may be given to the Owner by giving to its Owner's Engineer by personal service on the Owner's Engineer or any representative o.f the Owner's Engineer, by prepaid first class post addressed to the Owner's Engineer, or by telefax to the Owner's Engineer at the address and telefax number referred to in paragraph 5.3(1) or 5.3(2), whichever is applicable. 5.13 ConstructioB in Accordance with Em!ineerinl! Drawings (1) The Works shall be constructed and installed in accordance with the Engineering Drawings as approved by the Director. No deviation from the Engineering Drawings is permitted unless such deviation is authorized in writing by the Director before it is undertaken. All construction and installation of the Works, shall be undertaken and carried out by the Owner or by the Owner's contractor, as the case may be, in accordance with the regulations for construction set out in Schedule "L". (2) The Owner shall keep the Municipality road surfaces and ditches clean of dirt, mud and refuse until a Certificate of Acceptance of all Works contemplated in this Agreement has been issued as provided for by this Agreement. If the Owner has not performed its obligations under this paragraph 5.13(2), the Municipality may do so and deduct the reasonable cost thereof from the Performance Guarantee. The Owner shall restore the Performance Guarantee to the amount otherwise required 66 Subdivision Agreement 49 by this Agreement, forthwith after the Director gives the Owner written notice of the amount of the deduction in question. 5.14 Sequence of Construction of Works Following the issuance of an Authorization to Commence Works, the Owner shall proceed in good faith to construct and install all of the Works referred to in the Authorization to Commence Works continuously and in accordance with the timing and sequence therefor set out in the Schedule of Works. 5.15 Completion Time for Construction of Works Within two (2) years of the date of the issuance of an Authorization to Commence Works, the Owner shall complete the construction and installation of all of the Works authorized in such Authorization to Commence Works with the exception of the curbs, sidewalks, final coat of asphalt, final lot grading, driveway approaches, sodding and tree planting which may be completed later if done so in accordance with the provisions of the Schedule of Works. 5.16 Additional Work Until the conclusion of Maintenance Guarantee Period referable thereto, if in the opinion of the Director, any incidental additional work is required to provide for the adequate operation, functioning and maintenance of any of the Works, the Owner, at its cost, shall construct and install such additional facilities and perform such additional work as the Director may request from time to time by written notice given to the Owner. 5.17 Incomulete or Faulty Works and Liens (1) Without derogating from the other provisions of this Agreement, if, in the opinion of the Director, (1) the Owner is not constructing and installing or causing to be constructed or installed any of the Works required by this Agreement so that it or they will be completed within the time specified for such completion in the Schedule of Works, or (2) the Works or any component(s) thereof are being improperly constructed or installed, or (3) the Owner neglects or abandons the said Works or any part of them before completion, or (4) unreasonable delay occurs in the construction or installation of the Works, or (5) for any other reason the Works are not being constructed or installed properly and promptly and in full compliance with the provisions of this Agreement, or (6) the Owner neglects or refuses to reconstruct 5G Subdivision Agreement 50 or reinstall any of the Works or component(s) thereof which may be rejected by the Director as being defective, deficient, or unsuitable, or (7) the Owner otherwise defaults in performance of this Agreement, the Director may give the Owner notice in writing of his opinion respecting any such matter. Following the later to occur of the expiry of ten (10) business days, excluding Saturdays and Sundays and statutory holidays following the giving of such notice plus the expiry of any additional period as may be specified in the notice given to the Owner by the Director, the Municipality, at the cost and expense of the Owner, may engage a contractor, supplier of services or materials and such workmen, and purchase such services, supplies and/or services as in the opinion of the Director are required for the completion of the construction and installation of the Works and all components thereof and the performance of all covenants of the Owner relating to the Works as provided by this Agreement. In cases of an emergency or urgency, or in order to preserve the integrity of the Works or any component thereof as determined by the Director in his absolute discretion, any deficiency(s) or defect(s) in the Works, and any failure to complete the Works and all components thereof in accordance with this Agreement may be corrected, remedied or completed by the Municipality its contractors, suppliers and employees at the cost of the Owner without prior notice to the Owner, provided that forthwith after the Municipality so acts, the Director shall giv~ written notice to the Owner of his determination as aforesaid, describing the action taken by the Director, and the cost of correcting or remedying the deficiency or default in question or the cost of completing the Works and the components thereof, as the case may be. For the purposes of this paragraph 5.17(1) the cost of any work which the Municipality undertakes under this paragraph 5.17(1) shall be determined by the Director in his absolute discretion. It is understood and agreed by the Parties that the costs for which the Owner is responsible under this paragraph 5.17(1) shall include a management fee payable to the Municipality either of thirty (30%) percent of the contractor's charges to the Municipality (including any charges for overhead and profit) or, if such work is undertaken by the Municipality, thirty (30%) percent of all costs incurred by the Municipality to correct or remedy the deficiencies or defect or to complete the Works and all components thereof as the case may be. The Owner shall pay the Municipality an amount equal to the cost of all Works and components thereof, and the cost of correcting or remedying all deficiencies and defects referred to in this paragraph 5.17(1) which have been incurred by the Municipality or are estimated in the Director's absolute discretion to be likely to be incurred by the Municipality forthwith after the Director gives the Owner written demand for payment of such cost. If the amount paid is based on the Director's estimate as aforesaid, forthwith after actual costs are more than the estimated costs, the Owner shall forthwith pay the Municipality an amount equal to 61 Subdivision Agreement 51 the difference between them. If the actual costs are less than the estimated costs, the Municipality shall forthwith refund the difference between them to the Owner. (2) In the event that (1) a claim for a lien in respect of the Works or any component thereof is registered against the title to any land vested or which should have been vested in the Municipality or is filed with the Municipality, or (2) the Municipality receives written notice of a claim of an alleged beneficiary of a statutory trust under the Construction Lien Act, such registration, filing or notice shall constitute a default in performance by the Owner of this Agreement. In any such case, the Director may notify the Owner in writing of such default. If the Owner fails to discharge the lien or claim as the case may be within ten (10) business days, excluding Saturdays, Sundays and statutory holidays, after the giving of such notice plus any further period of time as may be specified in the notice, then the Municipality in its absolute discretion either may (1) pay the full amount of the claim and security for costs into a Court of competent jurisdiction in order to obtain an order vacating such claim for lien, (2) discharge the claim in full by paying the amount claimed or in part by paying a portion thereof or (3) draw the full amount of the claim in cash from a letter of credit deposited with the Municipality as the security for the Performance Guarantee and hold the cash in a deposit account of the Municipality as the security for the P.~rformance Guarantee in respect of the claim in question. The Municipality may draw on and appropriate the whole or any portion( s) of the Performance Guarantee and the Security for the Maintenance Guarantee for the purpose of making payment under this paragraph 5.17(2). The Owner shall indemnify the Municipality against the costs and expense incurred by the Municipality in making payment pursuant to this paragraph 5.17(2) forthwith after the Director gives the Owner written notice requiring him to do so. In the event that the Municipality draws on and appropriates any portion of the Performance Guarantee or the Security for the Maintenance Guarantee for any of the aforesaid purposes, forthwith after the Director gives written notice to the Owner requiring it to do so, the Owner shall reinstate the Performance Guarantee and/or the Security for the Maintenance Guarantee, as the case may be, to the full amount( s) required under the provisions of this Agreement. 5.18 Acknowledgment Respecting Emergencv etc. Repairs The Owner acknowledges that if in cases of emergency or urgency or in order to protect the integrity of the Works or any component thereof, the Director acts to correct, remedy or repair any deficiency(s) or defect(s) in the Works, neither an entry on the Lands or any portion of them nor any such action by the Director or any person authorized to 5f! Subdivision Agreement 52 undertake the same by the Director shall be deemed to be an acceptance of any of the Works by the Municipality, nor an assumption by the Municipality of any responsibility or liability in connection therewith, or a release by the Municipality of the Owner from any of its obligations under this Agreement. 5.19 Damae:e to Existing Services Forthwith after written demand therefor is given by the Director to the Owner, the Owner shall pay to or to the direction of the Municipality, the cost of repairing any damage to any property or services of the Municipality, the Region, or any utility authority or company or (the "Damaged Services") including without limiting the generality of the foregoing, any road(s), water, electrical, gas, telephone, cable television and sewer systems, and the cost of relocating any Damaged Services, caused by or resulting from the development of anyone (1) or more portions of the Lands, or the construction or installation of any of the works provided that all such repairs and or relocation(s) are completed to the satisfaction of the Director, the Region and the relevant utility authority or company which owns or is responsible for the Works, property or services in question. In addition, the Owner agrees with the Municipality, at the Owner's cost, to relocate any of the Works constructed or installed pursuant to this Agreement which are located in driveways or so.. close thereto as in the opinion of the Director will interfere with the use of the driveway in question, forthwith after being given written notice by the Director requiring the Owner to undertake such relocation. 5.20 Damae:e to Neighbourine: Wells (Rural Applications Only) (1) Prior to the commencement of and during the period of construction or installation of the Works, the Owner shall cause to be carried out, at its expense, the' ground water monitoring program which has been approved by the Director pursuant to this paragraph 5.20(1), (the "Monitoring Program"). The Monitoring Program shall be prepared in draft form by a qualified hydrogeologist (the "Hydrogeologist") who shall be retained by the Owner, at the Owner's expense, after the Hydrogeologist is first approved by the Director. The Draft Monitoring Program shall be submitted to the Director for his consideration and approval. After the Monitoring Program has been approved, it shall be implemented by the Hydrogeologist. The Monitoring Program. shall describe the number and location of the piezometric observation wells which are to be installed by the Owner, and the frequency, method of observation, method of collection and recording of data and the timing, form and addresses of the report of the Hydrogeologist's analyses and findings to the Municipality, as well as such other matters as the Director considers to be appropriate. After the draft Monitoring 59 Subdivision Agreement 53 Program has been approved by the Director with or without such modification(s) as he may consider appropriate, it is the Monitoring Program for the purposes of this Agreement. (2) For the duration of the Monitoring Program, the Owner, as its cost, shall cause the Hydrogeologist to provide the Director with a copy of all reports prepared by him in connection with or in implementation of the Monitoring Program forthwith after they are prepared. For the duration of the Monitoring Program, the Owner also shall cause the Hydrogeologist to make available to the Director, at no cost to the Municipality, forthwith after a written request therefore is given to the Hydrogeologist by the Director, a copy of all data collected and all analyses made in connection with or implementation of the Monitoring Program. Forthwith following the completion of the Monitoring Program, the Owner shall cause the Hydrogeologist to provide to the Director, at no cost to the Municipality, a copy of all data collected and all analyses and reports made by the Hydrogeologist' in connection with or in implementation of the Monitoring Program which previously have not been provided to the Director pursuant to this paragraph 5.20(2), together with a certificate of the Hydrogeologist, in a form satisfactory to the Municipality Solicitor that all the data, analyses and reports required to be provided to the Director" by this paragraph 5.20(2), have been provided to him. In addition to the foregoing, the Owner shall cause the Hydrogeologist to prepare separate reports, to the satisfaction of the Director for each and every occurrence of apparent well interference caused by construction activity within the Lands and reported to the Municipality, and to deliver the same to the Director, at no cost to the Municipality, forthwith after each of them is completed. (3) If an Appropriate Authority determines that the well or private water supply of any person(s) outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works: (a) where the interference to a well or private water supply is of short term duration (i.e. during the course of dewatering and excavation and within one (1) month of completion of dewatering), in the opinion of an Appropriate Authority, 'the Owner shall make available to the affected party(s), a temporary supply of water at no cost to the affected party(s); or (b) where in the opinion of an Appropriate Authority the interference to a well or private water supply is of a long term duration, at the option of the Owner and at its cost, the Owner either (1) with the Region's approval shall connect the affected party's property to the Region's water supply system, or (2) the Owner shall provide a new well or private water system for such affected ftD Subdivision Agreement 54 party( s) so that water supplied to the affected party's property shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party( s) prior to the interference, as may be required by the Appropriate Authority by written notice given to the Owner. (4) Without derogating from the other provisions of this paragraph 5.20, if the Director gives written notice to the Owner that he has reason to believe that the well or private water supply of any person(s) outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works, forthwith after such notice is given, the Owner shall cause the quantity of potable water considered to be appropriate by the Director to be supplied to the affected person(s) free of charge either until such time as the Municipality Council, after considering a report thereon from the Director or an Appropriate Authority decides that the well or private water supply in question has not been interfered with or dewatered as a result of the construction or installation of the Works, or until such time as the Owner performs its obligations under paragraph 5.20(3), as the case may be. 5.21 Use of Works bv Municipality The Owner acknowledges and agrees that any of the Works my be used by the Municipality and such other person(s) who is (are) authorized by the Municipality for any of the purposes for which the Works are designed, without interference by the Owner, and without the payment of any fee or compensation to the Owner, and for such purposes the Municipality and other person(s) authorized by the Municipality may enter upon the portion(s) of the Lands on which the Works are located. 5.22 Maintenance of Roads after Completion (1) In addition to any other requirement of this Agreement that the Owner maintain the Works, if any building(s) on the Land is occupied, the Owner, at the Owner's cost, shall maintain each road( s), which is required to be constructed and provides access to such building(s), until a Certificate of Acceptance has been issued for such road(s), and without limiting the generality of the foregoing, the Owner shall: (a) maintain the road( s) at all times in a well drained, dust and mud free condition, suitable for ordinary vehicular traffic, to the approval of the Director; hi Subdivision Agreement 55 (b) during the course of construction and installation of the Works, Utilities and Services pursuant to this Agreement, provide and maintain safe and adequate access to all occupied buildings; and (c) erect a sign to the satisfaction of the Director to indicate that the road(s) are "unassumed road(s)" which the Municipality is not required by law to repair and maintain. (2) The Municipality agrees to snowplough and sand all paved road(s) shown on the registered Plan of Subdivision of the Lands, for and on behalf of the Owner until the Certificate of Completion of the Final works has been issued, provided that until the date of issuance of the aforesaid Certificate of Completion, the Owner shall pay to the Municipality one hundred (100%) percent of the costs of snowploughing and sanding- such road(s), as determined by the Director, from time to time, and forthwith after being given written notice of such costs by the Director. (3) The Owner acknowledges and agrees that the undertaking or provision of repairs or maintenance by the Municipality under paragraphs 5.18, 5.19 or 5.22(2) in respect of road(s), is not intended nor shall it in any way constitute or be taken to constitute the apprpval or assumption by the Municipality of the road( s) in question. The road( s) shall not be deemed to have been assumed until both a Certificate of Acceptance has been issued, and a By-law has been passed by Municipality Council dedicating the road(s) as public highway(s) and assuming it for the purpose of liability to repair and maintain it as provided by the Municipal Act, and such By-law has been registered in the Land Registry Office. 5.23 Requirements for Certificate of Completion The Owner acknowledges and agrees that the construction and installation of any of the Works authorized in an Authorization to Commence Works shall not be deemed to be completed for the purposes of this Agreement until the Director has provided the Owner with written certificate that such is the case (the "Certificate of Completion"). In addition to satisfying the other requirements of this Agreement respecting its issuance, a Certificate of Completion shall not be issued until such of the Works authorized by the Authorization to Commence Works for which a Certificate of Completion is required, have been inspected by the Director, and he is satisfied such Works have been constructed and installed in accordance with the Engineering Drawings and has received all certificates and confirmations from the Owner's Engineer as provided for in this Agreement. GL- Subdivision Agreement 56 5.24 Requirements for Certificate of Acceptance The Owner acknowledges and agrees that none of the Works covered by a Certificate of Completion shall be accepted, nor deemed to be accepted for the purpose of this Agreement until the Director has provided the Owner with written certificate that the Works in question have been accepted ("the Certificate of Acceptance"). If the requirements of this Agreement respecting the issuance of a Certificate of Acceptance of the Initial Works, the Stormwater Management system and/or the Street Lighting System have been satisfied, and without limiting the generality of the foregoing, if the Director is of the opinion that the Works in question have been maintained in compliance with paragraph 3.10 and all deficiencies and defects in such Works have been remedied and corrected by the Owner on behalf of the Municipality, the Director shall provide the Owner with a Certificate of Acceptance of the relevant Works. If the requirements of this Agreement respecting the issuance of a Certificate of Acceptance of the Final Works have been satisfied, and without limiting the generality of the foregoing, if the Director is of the opinion that the Works in question have been maintained in accordance with paragraph 3.10 and all deficiencies and defects in such Works have been remedied and corrected by the Owner, and the Director reports his opinion that such Works should be accepted by the Municipality for the Municipal Council, Council may approve the report of the Director. Following Coun~il's approval of this report as aforesaid the Director may provide the Owner with a Certificate of Acceptance of the Final Works. 5.25 Ownership of Works by Municipality For greater certainty, the Owner acknowledges and agrees that the Municipality is the Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall have no right or claim thereto, other than as an owner of land abutting a highway in which such Works are installed. 5.26 Requirements for Certificate of Release Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this paragraph 5.26, and the Works located thereon have been constructed, installed and accepted by the issuance of a Certificate of Acceptance, the Municipality shall provide the Owner with a written release (the "Certificate of Release") respecting the Lands, for which a Plan of Subdivision has been registered. The Certificate of Release shall be in a form suitable for registration or deposit in the proper Land Registry Office. In addition to the Owner satisfying the other requirements of this Agreement respecting the issuance of a Certificate of Release, the Certificate of Release shall not be issued until: (a) a Certificate(s) of Acceptance has been issued for all the Works; 03 Subdivision Agreement 57 (b) a registered Ontario Land Surveyor, acceptable to the Director and retained by the Owner at the Owner's expense has provided the Municipality with written confirmation that at a date not earlier than the date of issuance of the Certificate of Completion of the Final Works, he has found, placed or replaced all standard iron bars shown on the registered final Plan of Subdivision of the lands and has found, placed or replaced all survey monuments at all block corners, the end of all curves, other than corner roundings, and all points of change in direction or road( s) on such Plan; and (c) Municipal Council has by resolution, acknowledged that the Owner has satisfied all of the provisions of this Agreement. From the date of its issuance, a Certificate of Release shall operate as a discharge of the Owner in respect of the Lands or the portion thereof which are described therein of the obligations of the Owner under this Agreement with the exception of (1) the Owner's obligation respecting drainage as provided in this Agreement; and (2) the Owner's covenant . to comply with the requirements of this Agreement in respect of applications for building permits for dwellings on the Lands. 5.27 Front End Agreements The Owner acknowledges that the following front end agreements have been deposited on the title to the Capital land pursuant to the Development Charges Act: . Agreement between the Municipality and 621182 Ontario Limited and Ahadale Capital Corporation by its Receiver and Manager BDO Dunwoody Limited (LT 892883). . Agreement between the Municipality and Schickedanz Bros. Limited and Royal Bank of Canada for the Stormwater Management Works (Upper and lower Watershed)(LT 699431). . Agreement between the Municipality and Schickedanz Bros. Limited and Royal Bank of Canada for the Stormwater Management Works (Lower Watershed)(LT 699408). The Owner shall pay to the Municipality, the Benefiting Owner's portion of the front end payment provided for under each of the aforesaid front end agreements and Schedule "P" to this agreement, in accordance with the applicable front end agreement, Schedule "P", and the Development Charges Act, including the indexing provided for in the particular front end agreements. 0f Subdivision Agreement 58 5.28 Cost of Works Referred to in Schedule "G" The Owner acknowledges and agrees that it will pay the total cost of the Works referred to in Schedule "G" hereto. The Owner will not seek any credit or rebate for or of any part of the total cost of the Works by reason of any of them being oversized to accommodate drainage or traffic from lands outside the limits of the Lands, whether from or in respect of a development charge imposed by the Development Charge By-law, or in any other manner, or for any other reason. ARTICLE 6 - COMPLIANCE WITH REGULATIONS In exercising its rights and in performing its covenants under this Agreement, the Owner shall comply with all regulations and laws of general application and all by-laws of the Municipality and the Region. Without limiting the generality of the foregoing, at all times the Owner shall comply and cause all contractors, sub-contractors and suppliers of materials and services in connection with the construction, installation and maintenance of the Works to comply with the provisions of the Occupational Health and Safety Act, and the Workers' Compensation Act. ARTICLE 7 - RESPONSIBILI'IY OF SUBSEQUENT OWNERS After the issuance of the Certificate of Release, the Owner, its successors and assigns as the owner of each lot(s) or block(s) on the final Plan of Subdivision registered against the title to the Lands shall have the sole responsibility for the following which shall be performed or undertaken at its cost: (a) the provision and maintenance of adequate drainage of surface waters from such lot( s) or block( s) in accordance with the approved Grading and Drainage Plan referred to in paragraph 5.6 herein of this Agreement; (b) compliance with the provisions of paragraph 4.6 "Requirements for Building Permits" of this Agreement if, at the date of issuance of the Certificate of Release, a building permit has not been issued for the lot(s) or block(s) in question; and (c) the maintenance of fencing required by Schedule "G" and paragraph 4.2. Subdivision Agreement ARTICLE 8 - TIME OF ESSENCE rot) 59 Time is of the essence of this Agreement. ARTICLE 9 - AUTHORIlY TO MAKE AGREEMENT The Owner acknowledges and agrees that the Municipality has authority to enter into this Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this Agreement is made by the Municipality in reliance on the acknowledgement and agreement of the owner as aforesaid. ) IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } DELIVERED In the presence of: THE CORPORATION OF THE MUNICIPALIlY OF CLARINGTON 5T. STC:~I-/E:,v' S F:'sTfl-TE"S :z:::NC.. ST. 51~1~~1~~ ESTXfE INC. N~~ --TItl~ ~~'" ~~,\g~ ~\S')\'()~ TORONTO DOMINION BANK ,~~-,.., "..... ~~/;L N1frite: - .' ".. 11 Title: R.G. (~k) Belmes . , Manager, Complianee '/We have authority to ibmd the Corporation. . (g~ 60 SCHEDULE "A" TIDS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October, 1992. LEGAL DESCRIPTION OF LANDS PARCEL 8-3, In the Register of SECTION Concession 2, Newcastle (Darlington) being part of Lot 8, Concession 2, designated as PARTS 1 and 2, on REFERENCE PLAN lOR-575. in the Municipality of Clarington in the Regional Municipality of Durham (formerly in the Town of Bowmanville, in the Geographic Township of Darlington) SA VB AND EXCEPT Parts 1,2,3 and 4 on Reference Plan 10R-3179. SA VB AND EXCEPT Parts 1,2,3, 4 and 5 on Reference Plan 10R-2389. SA VB AND EXCEPT Part 1 on Plan 40R-18897. TOGETHER WITH a right-of-way over, along and upon Parts 2 and 4, on Reference Plan 10R-2389, as set out in Instrument No. N9085. SUBJECT TO a temporary easement in favour of Durham Region Non-Profit Housing Corporation over Part 1 on Reference Plan 40R-13895, for the purposes as set out in Instrument No. LT 572909. '+' , , , , I, '. .._,::I!.l:.J.....---!LJ..f..., ....~.., ..... '.-r-..-..-.. ~"._.._..l' , I X ' . - " .. -.~.. I . \ IO:'.~ : . ' .. ....... i 14. . \ ; ; : :!. -,..:::"",','.. -~. ~'\:~~:.. , ! " ~,I ' .., ,..-...,.- \'. -_.........,..\ -....., ... - .- \ \ ._~, ' I ~t ,..1..1.. I) I~'" .~, . ~ . ';, '~D " I ,J t C,",.. :"\ .., ~". ~"'\ f-,)::., , 'I' ~ ~.' '__j'" .~ 11"MiT~'-==~:~'" ' aM ~ \~..~~; ~;:;' " I::" j. · · · · · .~ .. .. '; · .. .. .. : · -;, .. ri~ '</ I:' -II I' + L-~n+ bt "~I+CI~'/ .///:,...,M:...-. .o;~'J:6~\~ .... _...I.,L1~J'1 I ,_.,.- ::"J ~1llI ". ' , . _ ., .... , \ . I . I ' V"", ...... ,.-- ,', .: ''I'~ _w.~_ ~. ....~. ' , ., -..,..,. ,,'100. 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I If .. ,a"" I"" I I , , : / .~ II'! I' ,. : r 'I ~"~"'. .. I ; [' ~ /,' ~.. J I j! ,/ , I :: i I ,'r- ~~.\.L l .L ;~ ,~ !., .. .. I; i t ~ T I J : I : I \ ~ \ \ \ tw..\~-\~\ '.~ .L. l. .l. ..i. .L, .. , : r r i + ; ,. , 'j F "\o'€\ \ '~ =---.r.? 'F'~ .~: .:. . ._~. . _~~. '~'l i :~'.,_~I ~~ .r ",.. .r 41"'.1'" ..' '-'. ~1\2' -'--"~~\iJ\ II I I j' I.~~~ - i ~.: ; .~ I, '\ 114" \ . \ ~ \ \\+.~ I.' or:. ~ I TTI--~ '.. I I ,. 'I" 'r I II ..~ I \ ..~ '.' ! I 1 .-+-. -t- ~ '0' H4" 'Of '41 ... .~.. ,.. \' DIl,";' ... .. ' .......--;i- I ' I I I ... .., ... , \. ~ \. " I J..h~ , I I :i:~=-~~:-o 1~S'::~~_~~fj!1i-~ \ ;:~' i : L"b t ~ \ " ~'~ _~~' ~ '.,;';.*~' ~ I' : -~ -. - '<, :;;;,'" ~' '...., <,oJ,. , I, .~ 'c' /., ,'../~ <j:':. I' . . . II'I"~' ~~ t on ~.,::;. :.V I '1.;,~-;;:.;~~n.!-., >~ " :II) r' ((:'/' I ,!~ :!~ : i 'I'":~':":':':":,::,:~~",,,; '.;;;;- ---.. _.:~:;::.;::',:.:) .1.1 .---_.:.....1. COHCUIIOH U"ElT UU ~ ~;; "1 , . -.. ....... .. " :.~~~.., ...- .. _.....-.- '.1Mt'I.J _ t E.W ~ ,,-'_ . I ..............-. ........... .. ..... IUGI I. r 'I I' ". . . . . . --- . .. l I 1a..1 _,.~1 ..---.... .... ...-... .oo- . ..--.. . ..-..... . -..--.-.....-... --- . ..-.-- , .. ......... . .......--- . --....--.. I --........-. ,..--..... . ........ - -- -.......... .- --. 1 .. -......--..-. ....---... . !ILl - .......- .----- --- iiii-' :. . ~= .. ,. ;.J~~i!"~ !~' , & 'if 61 SCHEDULE "B" THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October 1992. PLAN OF SUBDMSION (Insert reduction of Plan 18T -88037) 62 Schedule "B" -2- (Insert reduction of the 40M Plan) 6~ ,~ rr- ...............--- . 'I . ... -' ..~, . .... -..... . .... ___.n I rAM'~ " .... .f"~"I: I ftMI <<JIt-'"f' .. .... _....n .. ... II .. .. ..... -,,,,", . ..... ........... .. ..... ~ .. .. .... ........... e ~ ~ ! ! ~ ! ! .. .... -...... . ~ .. ... ~..... Sl'RUCtWOOO CIltSCCHT . P.. .......... . P" ..-w ........... .. P" ..-w _.n .. ..... ........ _.n .. ..... ........ _'I"l:r1 .. ..... ......... ...l......-r .. ..... -... .......... .. .... ........ -...... -.... ... - . ........ .- M' ........... .. ... ...... .- .... .. ..... ..... ..- ..- ........ -... ~...... lICIT .Nlf << _ IUIOMSIOIC PUll ........ ........ .... IILIII 'A. , , .. ,... ......... .... ...... .. .... ......... .... ...... 'tAM 4'1_,#.'7 .. ... ......... - .- ............ .. .... ,....... .- . ......... ........ ........ 'M' -........ ... ........ ..- - , ......... , ...... , ......... . ..- ........... .. ........ .- - ........... ... ... ........ - 'M' ... .... ......... ..... ,..,tt -....... .. .... MoIU ...... ... . .. .. ... ..... ........ .- -....... ... . ... . .......... . ..... -... ..- , ... . - ..... ......... ,oo -... ..... -,. ... . ..... .... ........... -- ... ........ - - ........... -... ... ...- .... -....... -.oo ... --- .... .-.-. ... ........ ~ .. ~ .. ~ ~I I I I I I I 5 t ~ l i ~ ~ ~ i 11 .+ .' 0" \ <,<' ~\ 0" ~ ILOCIC . os --.. ..t . . . " ,. . , . " .. DART COURT ......~ ~I I · I IlOAll ALLOWAHCt IETWroI CONS, 1 AHO 2 (COHCts$lON STRW u.ST) I I .. aDO< ,.co I. ,.." If.AII .....fM,J ......,...: II ,.J,..,"1t1 ' PART or LOT.~ ~'I CON. 2 PlAN Mlt.l- .~_..-.-...~ _emr;&:,......lOIl.D_. -.......--------. _I-----.....-IP- :. ~ '::...-.---- ....-.. -- =;:;FM~J~::J3':-:' . wcr-= - .....-a -- - - ..... .. . --- .. CoWI.~.N1I'1'___I'I'...... I'UoIl OF SUIIDMSIClH OF PART or LOT a, CONCESSION 2 ...-.... II 1lIt _ << -.u: --.,-- HOW IN ntE IlUNlCll'AUTY or cu.RlHGTON REGIOHAL IIUHlCIPAUTY Of DURIWoI ~T ,"Y. lUll cu.s. . ,*'000 ..... SUllVtYlla'S COIT1f'ICATt .-- L ........._.......__.___... .....cw..a...~M.'f_"''''''~- .. .. ...... ... --...... .. _..-cr..~.".!!!!:-""".~"'" ~ .. AM --- IlOTtS ----_.._---,,-~. ...................... L"'__ "--......,.. .....................-_....--~- --..... -...... - ........ . . .. . .. - - ... ... .... :;0 _.-.n -.-. ~ ...-.....,.............. .... ---- - .. --... -- ....".,.",.,.,........-:a _..""'tLL _...._NA. -....- -....- ...... f\M ......." --- 0WNIllS ctlmflCAT[ - .... 1/1 - ....-.... L ........_.............PI.t<<._~ .....---.-'--...... ......... - .... ~ ...... -- ,. - fQ .. .. ....... ~ ....... --. ....... .....:. .... --.......... oMIt _..-.......... WI' .--.....---. L ........_..-r___......._ .......-... ~ '" ~... .-Jt ...-n. .....--.....-..... .. rTU'H[I(S mAltS IIlC. -- I .... 1lC ...... . - .. ....... ".,.,. __.. .............a........... u.....__..-_"" -"'..- ~ ..0 If -.. ..... . .-.D) A.y, ruw SIJRY[YlIlO tIC. $l _...., LNG __ ....II"GI'_ ...-. -.. .... - .-c . 1M) --- ..0. ''JI..4.I-e ~ 71 63 SCHEDULE "C" TillS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington; enacted and passed the 13 day of October 13, 1992. CHARGES AGAINST LANDS (1) Municipal Taxes (2) Local Improvement Charges (3) Drainage Charges To be paid prior to execution of Agreement. To be paid prior to execution of Agreement. To be paid prior to execution of Agreement. 72- 64 SCHEDULE "D" THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October 1992. SCHEDULE OF PAYMENTS OF DEVELOPMENT CHARGES Subject to paragraph 3.4(1) of this Agreement the Owner shall make the following payments on account of Development Charges to the Municipality in respect of the development of the Lands consisting of (183) single family dwellings; (198) semi-detached dwellings; (68) townhouse dwellings; one (1) Block for Multiple Family (40 units) (collectively referred to as the "Total Dwellings") on the occasions set out below. Subject to the adjustments referred to in paragraph 3.4(1) of this Agreement the aggregate amount so payable is ($2,528,712.00) dollars payable as follows: (amount does not include Multiple Family Block which will develop by Site Plan Agreement) I. PHASE I OF THE DEVELOPMENT OF THE LANDS Phase I of the Development of the Lands consists of (103) single family dwellings (Lots 130, 131 and 132 are not included in the charges); (58) semi-detached dwellings; (20) townhouse units. Subject to the adjustment referred to in paragraph 3.4(1) of this Agreement the aggregate amount payable is $1,025,640.00 payable as follows: (a) Twenty-five (25%) percent of the aforesaid aggregate amount being $256,410.00 on the filing of an application for a building permit for the first (1st) dwelling proposed to be constructed on the Lands (the "First Application"), provided that if the number of building permits for which applications are made in the first (1st) year following the making of the First Application exceeds forty-four (44) building permits, the Owner shall pay with each application for a building permit. for each additional dwelling, a further amount equal to the amount of the Development Charge imposed by the Development Charge By-law for the additional dwelling or dwellings in question (the "First Excess Payment"). (b) Twenty-five (25%) percent of the aforesaid aggregate amount being $256,410.00 less an amount equal to the First Excess Payment, if any, on the first (1st) anniversary Of the First Application, provided that if the number of building permits for which applications are made in the first (1st) year following the making of the First Application exceeds eighty-eight (88) building permits, the Owner shall pay with each application for a building permit for each additional dwelling a further amount equal to the amount 73 65 Schedule "D" - 2 - . of the Development Charge imposed by the Development Charge By-law for the additional dwelling or dwellings in question (the "Second Excess Payment"). (c) Twenty-five (25%) percent of the aforesaid aggregate amount being $256,410.00 less an amount equal to the aggregate of the First Excess Payment and the Second Excess Payment, if any, on the second (2nd) anniversary of the First Application, provided that if the number of building permits for which applications are made in the second (2nd) year following the making of the First Application exceeds one hundred and thirty two (132) building permits, the Owner shall pay with each application for a building permit for each additional dwelling, a further additional amount equal to the amount of the development charge imposed by the Development Charge By-law for the additional dwelling or dwellings in question (the "Third Excess Payment"). (d) The remainder of the monies, being twenty-five (25%) percent of the aforesaid aggregate amount being $256,410.00 less an amount equal to the aggregate of the First Excess Payment, the Second Excess Payment, and the Third Excess Payment, if any, on the third (3rd) anniversary of the First Application. II. PHASE SUBSE~UENT TO PHASE I OF THE DEVELOPMENT OF THE LANDS (a) Twenty-five (25%) percent of the aggregate amount in respect of dwellings proposed for each Phase Subsequent to Phase I of the Development of the Lands on the filing of an application for a building permit for the first(1st) dwelling proposed to be constructed on the Lands (the "First Application"), provided that if the number of building permits for which applications are made in the first (1st) year following the making of the First Application exceeds twenty-five (25%) percent of the Total Dwellings, the Owner shall pay with each application for a building permit of each additional dwelling, a further amount equal to the amount of the Development Charge imposed by the Development Charge By-law for the additional dwellings in question (the "First Excess Payment"). (b) Twenty-five (25%) percent of the aggregate amount in respect of dwellings proposed for each Phase Subsequent to Phase I of the Development of the Lands, less an amount equal to the First Excess Payment, if any, on the first (1st) anniversary of the First Application, provided that if the number of building permits for which applications are made in the first (1st) year following the making of the First Application exceeds fifty (50%) percent of the Total Dwellings, the Owner shall pay 1l{- 66 Schedule "D" . 3 . with each additional dwelling a further amount equal to the amount of the Development Charge imposed by the Development Charge By-law for the additional dwelling and dwellings in question (the "Second Excess Payment"). (c) Twenty-five (25 % ) percent of the aggregate amount in respect of dwellings proposed for each Phase Subsequent to Phase I of the Development of the Lands, less an amount equal to the aggregate of the First Excess Payment and the Second Excess Payment, if any, on the second (2nd) Anniversary of the First Application, provided that if the number of building permits for which applications are made in the second (2nd) year following the making of the First Application exceeds seventy-five (75%) percent of the Total Dwellings, the Owner shall pay with each application for a building permit a further additional amount equal to the amount of the Development Charge imposed by the Development Charge By-law for the additional dwelling or dwellings in question (the "Third Excess Payment"). (d) Twenty-five (25%) percent of the aggregate amount in respect of dwellings proposed for each Phase Subsequent to Phase I of the Development of the Lands, less an amount equal to the aggregate of the First Excess Payment, the Second Excess Paymenty and the Third Excess Payment, if any, on the third (3rd) Anniversary of the First Application. 75 67 SCHEDULE "E" THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October, 1992. (1) On the execution of this Agreement, the Owner shall deliver to the Municipality transfers of the following easements: Part 1 on Plan 40R- Part 2 on Plan 40R- Lot 99 on 40M- Part 1 on Plan 40R-19018 Part 1 on Plan 40R-17502 (Rear yard catchbasin within Block 137) (Rear yard catchbasin within Block 138) (Temporary storm sewer easement) (Temporary external storm sewer easement) (External Stormwater Outfall Works) "The Temporary Storm Sewer Easements on Lot 99 and Part 1 on Plan 40R-19018 shall be released to the Owner at such time as the temporary storm sewer works are removed and restored, to the satisfaction of the Director of Public Works." (2) Easements for the rear yard catch-basins and storm sewers shall be perpetual in duration. (3) Without derogating from the other provisions of this Agreement, the Owner shall transfer or cause to be transferred to the Municipality easements to accommodate any work provided for in the approved Engineering Drawings or the reapproved Engineering Drawings in lands located beyond the limits of the Lands as may be required by and to the satisfaction of the Director by notice given in writing to the Owner. The Director shall determine the duration and terms of any such easements. The transfers shall be prepared by the Owner at its cost, shall be free and clear of all encumbrances and restrictions, shall contain other provisions satisfactory to the Municipality's solicitor, shall be made for a nominal consideration, and shall be in registrable form. Paragraphs 2.4 and 2.6 shall apply in respect of transfers with all necessary changes to them being considered to have been made to give effect to the intent of this paragraph (3). ( 4) The Owner shall transfer to the Municipality any turning circle( s) required by the conditions of approval of the draft Plan of Subdivision in accordance with the Municipality's Design Criteria and Standard Drawings and shall construct and maintain such turning circles in accordance with the Municipality's Design Criteria 70 68 Schedule "E" - 2 - and Standard Drawings. Such temporary turning circles shall be held by the Municipality until the extension of the Street at which time the block shall be conveyed without charge to the owners of the abutting lots. (5) The Owner shall transfer or cause to be transferred to the Municipality any easements for the disposal of storm water from the said Lands which are required by the Director which are external to the said Lands at no expense to the Municipality. The easements shall be transferred to the Municipality forthwith after the Director gives the Owner written notice of his requirements and the reasons therefore. Paragraphs 2.4 and 2.5 of this Agreement shall apply with all necessary changes to them being considered to have been made to give effect to the extent of this provision. ~ ll) r-... ll) I '" ~ C) z 0 0 Z' ..... 0 ~ ... z" '<( Oz Q.. ...-, 0", ..... Ole CONCESSION ~~ ~i'J .,,,, ~ 9~\9 ~ 1l~f/<;~ '), ~z <...o~~ 0/ ~c, ~ / :.,..)~ /1"; ll) /... '\'" r-........ <: ~o z"'" ~ ~ " o~ \() f- '<( ~ /01; _ '<( o ~ ;--- !At~6 ' ~ ~Ttr-: 7 " ;;l~ .3 "" ~ 2: Q... .. ... SUBJECT TO EASEIoIEHT AS IN INST. 0463733 \-- PART ~AN 40R-16~ ------------ PART! ------------'- P~OR~ \ ~~,-, ~I '") (Q J'.. ~'>: C) - .. e ~ 5b ~ff) ~o ~o g ~.. 3,- <: '<( z :l '" d OIl -..J 0 Q.. .. ... '" ,0 -1/fl l' l N66"59'30"E 2 .; z ,T f- a ,.: ..... OIl -l ~ z '<( Q.. 31.54 I[ ~ l ~ g ~ ;, S'W.A.Gl[~ LOT 7, COHo 2 (BY PlAN "OR-16657) ~~ ROAD ALLOWANCE BETWEEN CONCESSIONS 1 & 2 (KNOWN AS CONCESSION STREET EAST) ~--~~l i;J ~ ~~ t.r~. Q' "-~~ jJ~ tj ~ C? 5LC>T I REQUIRE THIS PLAN TO BE DEPOSITED UNDER THE REGISTRY ACT. PLAN 40R-/7'Y:& RECEIVED AND DEPOsnm Apr; { ~?>{q7 ~{ JJJMh.t. ~o.R. ~.-- LAND REllISTRAR FOR THE REGISTRY DMSlON OF DURH..... No. 40 APRIL 21. 1997 DAiu ~ {)l-~ SIGNATURE AI. FUIoI NAME IN PRINT CAUTION - THIS PLAN IS NOT A PLAN OF SUBDMSlON WITHIN THE IoIEANING OF THE PUIININO ACT. SCHEDULE lDCAnON PART OF LOT 7. CON. 2 INSTRUMENT No. 138909 (s.condly) PLAN OF SURVEY OF PART OF LOT 7 CONCESSION 2 (roRMERL Y IN THE TOWN or BOWlolANVILLE) NOW IN THE MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM SCALE 1 :500 10 AL ruM O.LS.. 1997 10 20 (Metre.) SURVEYO~'S CERTIFICATE I CERTIFY THAT : 1. THIS SURVEY AND PlAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT. 1M[ REGISTRY ACT AND THE SURVEYORS ACT AND THE REOUu.nONS IoIADE THEREUNDER. 2. THE SURVEY WAS COMPlETED ON THE 18th. DAY OF APRIL . 1997. : d.l~ ()LS APRIL 21, 1997 DATE AL FUIoI ONTARIO LAND SURVEYOR NOTE BEARINGS ARE ASTRQNOIoIIC AND ARE REFERRED TO THE EAST uloIrr OF PART 1 HAVING A BEARING OF Nl8'OO'3O"W AS SHOWN QN PLAN 1QR-575. ~ ~ (j . DENOTES SURVEY IIQNUIoIEHT FOUND o DENQTES SURVEY 1I0NUIoIEHT PlANTED SIB DENQTES STANDARD IRON BAR SSIB DENOTES SHORT STANDARD IRQN BAR IB DENOTES IRON BAR IB pl DENQTES ROUND IRQN BAR CC DENOTES CUT CROSS WIT DENQTES WITIIESS DPW DENOTES DEPARTlIEHT OF PUBUC WORKS 1008 DENOTES H. FLIIo1 O.LS. METRIC NOTE - DISTAIlCES SHOWN ON THIS PlAN ARE IN IoIETRES AND CAlI lIE CONVERTED TO FEET BY DMDlNG BY 0.3048. 9-L A.V. rUM SURVEYING ONTARIO LAND SURVEYOR 47 PRINCE STREET OSHAWA. OHTARIO'...L1G 4C9 QrnCE PHONE : (905) 725-8881 FAX: (905) 725-1043 W.O. 138-46-C INC'@ ...- =.J >--1 N Z o (f) (f) W o Z o O. <i W Cl~ ZZ <l:'~ <l: oJ (f) (f)Z ......0,: O<l: -lW ~ Z{f) ~<l: 3: ......Z ~3: o Z wy: o Z <l: 3: o -l -l <l: Cl <l: o 0,: SIB(1001} SIB(DPW) ~ S18(17~ 66.80 '.00 I u Z k g --- \ \ " C " --r : ( ~ ill L "- '" ~ -I .....~ ~... ~~ ~ <0 <0 'V "- ~. ~ ' ~ ~ .)0 "- o II 'V PART 1 L PLAN 40R-13895 ... 7L-, - ..... II ") ~ ~ ~ l PAR T P LAN 10R-3179 ,PA R T 2 ~~--- s.w. ANCU LOT 8, CON. 2 c ~ ~ V ~ c ~ o "- " " '-<.t c., ~ o c., Ib' ROAD AL!...OWANCE BETWEEN CONS. 1 AND 2 KNOWN AS CONCESSION STREET EAST I REQUIRE THIS PLAN TO BE DEPOSITED UNDER THE . LAND TITLES ACT. PLAN 40R-lqO{~ RECEIVED 0 DEPOSITED ':l '\ ':> ~ \) , '0 '" "v MAY 26, 1999 OAT< at. 'il..:.. Ot.. s SIGHATUR[ fY(~~~ QUR. AL FLlM MAwr IN PRINT LAND REGISTRAR FOR THE LAND TITLES DIVISION OF- DURHAM No. 40. SCHEDULE LOCATION PART OF LOT 8, CONCESSION 2 PART OF PIN 26650-0005(LT) ., c PLAN OF SURVEY OF PART OF LOT 8, CONCESSION 2 FORMERLY IN THE TOWN OF BOWMANVILLE GEOGRAPHIC TOWNSHIP 0, DARLINGTON NOW IN THE MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM . SCALE 1 : 1000 2S AL FUM O.L.S. .. 50 SURVEYOR'S CERTIFICATE I CERTIFY THAT : 1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT, THE SURVEYORS ACT-AND THE LAND TITLES ACT AND THE REGULATIONS MADE UNDER'THEM. 2. THE SURVEY WAS COMPLETED ON THE 26th. DAY OF MAY ,1999. MAY 26. 1999 dt rl. () L- ( OA.Tt: ONTARIO LAND SURVEYOR NOTE BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE EAST LIMIT OF MEARNS AVENUE HAVING A BEARING OF Nl8'13'0Q"W AS SHOWN ON PLAN 40R-13895. . DENOTES SURVEY MONUMENT FOUND o DENOTES SURVEY MONUMENT PLANTED SIB DENOTES STANDARD IRON BAR SSIB DENOTES SHORT STANDARD IRON BAR IB DENOTES IRON BAR IB 11l DENOTES ROUND IRON BAR CC DENOTES CUT CROSS WIT DENOTES WITNESS 1006 DENOTES H. FLlM O.L.S. 1790 DENOTES A.V. FUM O.L.S. DPW DENOTES DEPARTMENT OF PUBUC WORKS Pl DENOTES. PLAN 40R-13895 tolETRIC NOTE - DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048. A.V. FUM SURVEYING ONTARIO LAND SURVEYOR 68 CENTRE STREET NORTH OSHAWA, ONTARIO, LlG 4B6 OFFICE PHONE: (905l 725-6881 FAX: (905 725-1043 W.O. 13846-1 INC.~ ...... ~ , I 'j " .... D Z lot > 0( !(I Z a: 0( L.I :a: '-' ... i 0 0 01 0 Z ~ CO If) .... 0 ...J Z "" w ~ .... "" en w U z ~ ~ 0 .... .... < 0 ~ 0 a: ~{.SC("" ('HOOD e ~ sPRue ,~~~ s "~~JI1~,,, \ I ...,0 \\ ... ."0 ~-, I '~- ,1 I .. " D .. "I 01 12 . , f') , or,'/.. r ~ e'" lQ ~ I "'l ~ Q; a "It .... III: < ~ b A. !: ~ ~ i; ~ ~ i Q .... ..... Il.. } ~ ~ .... Il.. -' .. d ~. , ~i ~ BlOCK ......-. 1'-" =-- i __ of1/fl .. -c....I- ~""f~ -I ..~T~' I J2, "::,;..~...... ~ . I '. \ ~~J ~~ (,).N . ~I i: " p ':!\~ . o ~ 8LOC/< ~>'r- ... .., , "s _1~ ... I I 1- Q; ~ " 136 40,,4- ,,8 ..~ ,.!Ii ~' COUR1 \..O'fn-l\t . "'........_ .....J ,~....., '" ~'l....AN 4Ut-(-_ _n: llYn A~D DC'Osntl oc.oscno U"ltA '''' ....,.0 nlU'l '6C'1. .... .." --- -..... W<~ *CCl_ '011 not l&ND mus &lMJION or OUJnU.II .... ... ... fUll - .. .... ''''liT SCHEDULE lOCATION P.AIlT or "IN I ,.-r fK AlOCC UP "-"" 00'" 2 'Allf <<"I>Cll' ....... 00.... S '1JIf 0#' OIlICO( S I PUJf..,.... t '}.JfI << 0( ss ruN 0011- Wr1'lt!C HOlt - ccnloHCCS 1M...... ... JItIJ PUlt All( .. IInIIO ..." e... toe ~llMmI1m 10 Ifn .., OMO.." IY ..J6o&. PLAN or SURVEY OF PART OF BLOCKS 135, 136. 137 AND 138 PLAN 40"'- (FORIoIERlY IN filE TOWN or IOWllolNVlUE) MUNICIPAUTY OF CLARINGTON REGIONAl WUHICIPAUlY or DURH~ SCALE .u. rull 1 : $00 .. o.L5.. UII .. (lltl,n) io.". ;. ,........\.,:- SURVEYOR'S CERTIf1CATE I C(1fJ1IY nu.J : I. "'" SUlIYrY I.HO ruJC ....c ~ICCT AH~ ... A<<'CRo.....cr "'"' fIlt 1UllVtTJ Iocr, INt IAIIO mus 4CI 0110. lilt SUlYlTOIIS ACT _ IN[ ICQlLAnCHS ....C \/110[1 1lf[1I. : : .,~.".. . .-::". I. IMt $lllIYrY "41 COW,lt1tO Ole lilt _ DAY Of' . ..... OAI[ ~_ u t. ... rvll O~IAJlIO \.UIO IUI\"O"OA NOTE .r"'I~CS U[ ASlIlOHDWIC ....0 ....r .rn....rD to 11;[ Wl'ST ~ or 'LAIrC .011. . MAVlHQ A .t.u...~ Of ",...,.....w.. . IlCMDII1 SUMT _woo 'OUItO a DeNOJU SUMT _lNr"" ~rD su OCN01" SJ"'~AIO I!O!I .... I)HI DetlAn1S ... """ O.~ II DeMOTts 11011 .... Wl1' DlNOTtS .mow A.V. rUM SURVEYING INC. ONTARIQ UHD SUIIVEYOIl 1& CO"IC ST.!n MO<II1'M OStU,:WA. '''''''\0. us cw, Diner 'HOItI: : (ras) 7U-.u, '1>:6 : (ras) 7U-IGA1 W.O. 13e4ll-D :.,~:;'~~~~;'" ': "';~. "~." . . ..-:. '" .:-....!.-.-...; .. '. . --~;~.;~'.:f;~~~~:~~M~~3~fu~~~~~;: :~~:~ ..~.:.;~~r.i V\ ~ rn " "' --J --..0 ?O 69 SCHEDULE "F" THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October, 1992. LANDS TO BE TRANSFERRED TO MUNICIPALITY AND / OR CASH TO BE PAID IN LIEU THEREOF (1) Dedication of Lands The Owner shall deliver to the Municipality in a form satisfactory to the Municipality, transfers in fee simple absolute the following land shown on the 40M Plan for Phase I of the Development of the Lands: Blocks 146, 147 Blocks 142 to 145 inclusive Block 139 Block 135 Block 136 Road Widening 0.3 Metre Reserves Walkway Park Block Stormwater Outfall Works The Owner shall deliver to the Municipality in a form satisfactory to the Municipality, transfers in fee simple absolute the following land shown on 18T-88037 prior to the registration of the Subsequent Phase of Development of the Lands that include the following: (a) Block 356 on 18T-88037 (b) Blocks 358 and 359 on 18T-88037 (c) Blocks 360 and 361 on 18T-88037 (d) Block 367 on 18T-88037 (e) 0.3 metre abutting the northerly limit of Street "B" on 18T-88037 Open Space - Road Widenings - 0.3 Metre Reserves Walkway 0.3 Metre Reserves (2) Additional Required Dedications Without derogating from paragraph (2) of this Schedule, on each occasion forthwith after the Director gives the Owner written notice that the Director is of the opinion that the additional land (the "Additional Required Dedication") identified in the notice is required to be transferred to the Municipality for the purpose of accommodating the Municipality of the Works referred to in Schedule "G" or any 2/ 70 Schedule "F" . 2 . works provided for in the approved Engineering Drawings or the Reapproved Engineering Drawings whether located on the Lands or beyond the limits of the Lands, the Owner shall transfer or cause to be transferred in fee simple absolute to the Municipality the Additional Required Dedication. Paragraphs 2.5 and 2.6 of this Agreement shall apply in respect of each additional Required Dedication with all necessary changes thereto being considered to have been made to give effect to the intent of this paragraph (3) of this Schedule. (3) Cash in Lieu of Lands for Park or Other Public Recreational Puq>oses (Not Applicable) On the execution of this Agreement, the Owner shall pay to the Municipality, as cash in lieu of the dedication by the Owner to the Municipality of lands for park or other public recreational purposes, the amount of five (5%) percent of the market value of the Lands which the Owner and the Municipality hereby acknowledge and agree to be properly calculated at the rate of (5%) percent applied against the sum of _ dollars. 32-- 71 SCHEDULE "G" THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Oarington, enacted and passed the 13 day of October, 1992. WORKS REOUIRED The Owner shall construct, install, supervise and maintain the following Works, including all connections, alterations, adjustments and transitions required to suit existing systems or lands in accordance with the Municipality's Design Criteria and Standard Drawings, and the Engineering Drawings, all to the approval of the Director: (1)( a) A storm sewer system for the removal of upstream storm water and storm water originating within the said Lands, including storm sewer mains and connections, manholes, service connections, catch-basins and rear yard catch-basins and leads, open channels, storm outfalls and structures and any other appurtenances and oversizing as may be required (the "Storm Sewer System"). (b) A stormwater management system consistent with the "Master Drainage Plan", complete with overland flow routes, detention and retention facilities, quality control devices, outlets, erosion and sedimentation control measures and any other necessary facilities as required. The above works shall be in accordance with the West Branch Soper Creek Master Drainage Study, draft dated march 1994 prepared by Marshall Macklin Monaghan Ltd., the Erosion Inventory Soper Creek Study, draft dated July 1991 prepared by G.M. Sernas Ltd., as finally approved by and on file with the Director of Public Works, including any necessary temporary or permanent oversizing works, easements or blocks, fencing, signage, landscaping, headwalls, sediment ponds, channelization, erosion control works, including the removal and restoration of such temporary works, and any other related works deemed necessary by the Director of Public Works. Such works shall be consistent with Drawings (GR2, GR4, P-3, P-10, RGR2, and RGR4, Project No. 4574 prepared by R.V. Anderson Associates Ltd. dated october 1997 as finally approved by an on file with the Director. (Collectively referred to as the "Stormwater Management Works"). (c) A road system which accommodates the servicing of the Lands, providing for all vehicular and pedestrian traffic and access to all lots and blocks within the Lands, including the removal or installation of turning circles, and the Works required 8? 72 Schedule "G" - 2 - within the road, including suitable subgrade, subbase and base granular materials, sub drains, base and top stage curbs and gutters, base and surface asphalt, traffic control and street name signs and sidewalks and all streetscape components including street trees, boulevard topsoil and sodding, street lighting, gravel driveway aprons, and where sidewalks exist, gravel driveway aprons with paved surfaces between curb and sidewalk (the "Road System"). (d) A street lighting system which provides illumination of roads and walkways to serve the said Lands including all connections, energy and maintenance costs, appurtenant apparatus and equipment, in the locations as approved by the Director (the "Street Lighting System"). (e) Related Works including grading, landscaping, fencing, noise attenuation measures, walkways (including lighting) and other miscellaneous Works shown on the Engineering Drawings and Grading and Drainage Plan including the modification and restoration of the existing retaining wall and property (Participation House lands), including any miscellaneous work deemed necessary, to the s~tisfaction of the Director of Public' Works. Such works shall be consistent with Drawing GR2 Project No. 4574 prepared by R.V. Anderson Associates Ltd. dated October 1997 as finally approved by and on file with the Director (The "Related Works"). PHASING OF THE WORKS The Works shall be divided into the following stages, unless approved by the Diredor: (2) INITIAL WORKS Storm Sewer System including all appurtenances; initial roadworks including subgrade, subbase and base granular materials, sub drains, base curbs, base asphalt, traffic control and street name signs of the Road System; grading; and noise attenuation fencing (collectively called the 1llnitial Works"). modifications and restoration of existing retaining wall at participation House lands (collectively called the "Initial Works"). (3) STORMWATER MANAGEMENT SYSTEM , 3Lf 73 Schedule "G" - 3 - (4) STREET LIGHTING SYSTEM (5) FINAL WORKS final roadworks including top curbs and gutters, surface asphalt, sidewalks, street trees, boulevard topsoil and sodding and driveway aprons of the Road System; and landscaping works, fencing, walkways and any remaining works not outlined in paragraphs (2), (3) and (4) of Schedule "G". (;5 74 SCHEDULE "H" TIllS SCHEDULE IS SCHEDULE "H" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October 1992. UTILITIES AND SERVICES REQUIRED 1. ELECTRICAL SUPPLY SYSTEM The Owner shall arrange with the appropriate authority having jurisdiction for the design, provision and installation of an electrical supply system to serve the Lands, in the locations as approved by the Director. All electrical services are to be installed underground. The Owner shall also make any necessary arrangements with any T.V. Cable Company in order that the installation of any such system shall take place so far as possible contemporaneously with the installation of other services so as to cause minimum disruption of municipal services. 2. TELEPHONE SYSTEM The Owner shall arrange with Community Telephone Limited and/or Bell Canada for the design, provision and installation of a telephone system to serve the said Lands, as approved by the Director. All telephone services are to be installed underground. 3. GAS SUPPLY SYSTEM The Owner shall arrange with an appropriate gas company for the design, provision and installation of a complete gas supply system to serve the said Lands, including gas mains, and all appurtenant manholes, laterals, service connections, apparatus and equipment in the locations as approved by the Director. 4. CABLE TELEVISION The Owner shall arrange with the Cable Television Company having authority to provide its services within the area of the Plan of Subdivision for the design, 8b 75 Schedule "H" -2- provision and installation of a complete cable television distribution system to serve the said Lands. All cable television services are to be installed underground. 5. MAIL DISTRIBUTION SYSTEM The Owner shall arrange with Canada Post for the provision and installation of a mail distribution system to service the said Lands, in the location as approved by the Director. fS1 76 SCHEDULE "I" TIllS SCHEDULE IS SCHEDULE "I" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October 1992. DUTIES OF OWNER'S ENGINEER 1. DESIGN WORKS AND PRIVATE WORKS In addition to the other requirement of this Agreement, the Owner's Engineer shall prepare all drawings, plans, studies, reports, estimates, calculations and documentation for the consideration and approval of the Director, which include: (a) the Engineering Drawings and other related Drawings; (b) the Grading Plans, Drainage Plans, Landscaping Plans, Staging Plans, Utility Composite Plans, Master Drainage Plans, Erosion and Sedimentation Control Plans, Tree Preservation Plans, and other related Plans; (c) Traffic Reports, Soils Reports, Geotechnical Reports, Stormwater Management Reports, Stormwater Implementation Reports and other related Reports; (d) Schedules of Work; (e) the Works Cost Estimates or Stage Cost Estimate; and (1) all documentation and verification to support Performance Guarantee and Security for the Maintenance Guarantee reduction submissions. The approval of the Director shall not absolve or release the Owner or the Owner's Engineer of the responsibility and liability for any errors or omissions in the above drawings, plans, reports, stages or documentation or from liability for any damage or loss caused or resulting directly or indirectly by the Owner's Engineer. ~JI 77 Schedule "I" -2- 2. REPRESENT OWNER AND OBTAIN MUNICIPALITY APPROVALS The Owner's Engineer is hereby authorized by the Owner to act as the Owner's representative in all matters pertaining to the design, construction and installation of the Works and the overall management of the development, and shall co-operate with the Municipality and the Director to protect the interests of the Municipality and the general public in all matters relating to the design, construction and installation of the Works. In addition, the Owner's Engineer shall work in accordance with all conditions ofthe Agreement, including Section 5 and Schedules "G", "R", "I", "J" AND "L". 3. PROVIDE RESIDENT SUPERVISION The Owner's Engineer shall provide fully qualified, experienced supervisory layout and inspection staff, acceptable to the Director, to provide continuous inspection service during all phases of the construction and installation of the Works and the private works. Without limiting the generality of the foregoing, the Owner's Engineer shall be responsible for the following: (a) ,!,o carry out or arrange for the carrying out by qualified personnel of field layout including the provision of line and grade to the contractors and, where required, restaking. (b) To thoroughly inspect the construction, installation, and supply of materials to ensure that all work is being performed in accordance with the Engineering Drawings, the Municipality's Design Criteria and Standard Drawings and all applicable law. The Owner's Engineer shall have the authority and responsibility to immediately stop and/or reject any work, procedure, or material which in his opinion does not comply with the Engineering Drawings, the Design Criteria and Standard Drawings, and/or the applicable law. (c) To carry out or arrange the carrying out by qualified personnel of all necessary monitoring and field testing of procedures, equipment and materials installed or proposed to be installed and, in conjunction with the geotechnical engineer, and where appropriate, the structural engineer, provide certification to the Director that all monitoring and test results meet the requirements of Schedule "L" of this Agreement. ~1 78 Schedule "I" -3- (d) To provide co-ordination and scheduling of the construction and installation of the Works in accordance with the timing provisions contained in this Agreement and the requirements of the Director. (e) to investigate arid immediately report to the Director any unusual circumstances, potential problems, conflicts, errors, defective work or material which may arise during the construction and installation of the Works. (1) To obtain field information during and upon completion of the construction and installation of the Works required to modify the Engineering Drawings to produce the as-constructed drawings of the Works. 4. MAINTAIN RECORDS The Owner's Engineer shall maintain all records, data, reports, approvals and orders pertaining to the construction and installation including all contract documents, sub- contracts and supply contracts, payment certificates, payment reco~ds and receipts, certificates of substantial performance, the names and addresses of all contractors, sub-contracts and proof of service and publication thereof in accordance with the provisions of applicable legislation and make all of the foregoing available for examination by the Director as required by the Director without cost. If any change is made in the terms of a contract, sub-contract or supply contract or in the name or address of a contractor, sub-contractor and supplier from information that may not have been provided to the Director by the Owner or the Owner's Engineer pursuant to this Agreement, the Owner's Engineer immediately after becoming apprised of each change shall give the Director written notice of it. 5. PROVIDE PROGRESS The Owner's Engineer shall provide the Director with reports on the progress of the construction and installation of the Works on a monthly basis, or at such other interval as approved by the Director. 6. PREPARE AS-CONSTRUCTED DRAWINGS The Owner's Engineer shall prepare and submit the as-constructed drawings of the Works together with the computer disks, if any have been prepared, to the Director provided that the as-constructed drawing shall be prepared to the satisfaction of the Director. 9D 79 SCHEDULE "J" THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October 1992. WORKS COST ESTIMATES DATE: May 26, 1999 PROJECT: S1. Stephens Estates Phase 1 CONSULTANT: Vincent & Associates PLAN: 18T-88037 AMOUNTS DESCRIPTION ORIGINAL COMPLETED 1 GRADINGIEROS. SWM $ 234,265.00 $ 0.00 2 STORM SEWERS $ 745,514.00 $ 0.00 3 ROADS - YEAR 1 $ 484,955.99 $ 0.00 4 NOISE FENCING $ 21,000.00 $ 0.00 5 STREET LIGHTING $ 39,600.00 $ 0.00 6 ROADS - YEAR 2 $ 417,232.50 $ 0.00 7 DRIVEWAY APRONS $ 55,800.00 $ 0.00 8 STREET TREES $ 55,800.00 $ 0.00 Sub-total $1,054,166.59 $ 0.00 5% Contingency $ 102,708.33 $ 0.00 Sub-total $2,156,874.92 $ 0.00 10% Engineering $ 215,687.49 $ 0.00 Sub-total $2,372,562.41 $ 0.00 7% G.S.T. $ 166,079.37 $ 0.00 TOTALS $2,538,641.78 $ 0.00 REMAINING $ 234,265.00 $ 745,514.00 $ 484,955.00 $ 21,000.00 $ 39,600.00 $ 417,232.50 $ 55,800.00 $ 55,800.00 $2,054,166.59 $ 102,708.33 $2,156.874.92 $ 215,687.49 $2,372,562.41 $ 166,079.37 $2,538,641.78 PLUS 15% HOLDBACK ON COMPLETED WORK $ 0.00 $ 0.00 PLUS 20% COMPLETION ALLOWANCE ON FINAL WORKS REQUIRED LETTER OF CREDIT $2,538,641.78 SUBSEOUENT STAGES The Performance Guarantee for the Works shall be based on the preliminary Works Cost Estimates which have been submitted to the Director by the Owner's Engineer and approved by the Director. When the Engineering Drawings and the Landscaping Plan have been approved by the appropriate Director as is required by this Agreement, a revised Works Cost Estimates for the construction and installation of Works shall be prepared by the Owner's Engineer and submitted to the Director for approval. The revised Works Cost Estimates shall be used as a basis to adjust the Performance Guarantee, in the event of an increase or decrease in the Works Cost Estimate. q/ 80 SCHEDULE "K" THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October, 1992. INSURANCE REQUIRED 1. TYPES OF COVERAGE REQUIRED The Owner shall obtain and maintain insurance of the character commonly referred to as public liability and property damage with an insurance company approved by the Municipality's Treasurer and licensed in Ontario to underwrite such insurance and containing terms and conditions which are acceptable to the Municipality's Treasurer. Such policy or policies of insurance shall indemnify the Municipality against all damage or claims for damage for: (a) any loss or damage that shall or may happen to any of the Works or any of the Utilities or to any part or parts thereof respectively; (b) any loss or damage that shall or may happen to any of the materials or any of the equipment or any other things used to construct or install any of the Works or any of the Utilities or any part or parts thereof respectively; (c) any injury to any person or persons including workmen employed on the said Lands and the public; (d) any loss or damage that shall or may result from the storage, use or handling of explosives; (e) any loss or damage that shall or may result from the drainage of surface waters on or from the said Lands; (f) any loss or damage that shall or may result from the disposal of effluent from any sewage disposal works; and (g) any loss or damage that shall or may happen to any public road or to any property of the Municipality or to the property of any other person either directly or indirectly by reason of the Owner undertaking the development of the said Lands together with any or all of the Works, Utilities and Services pertaining thereto. ql 81 Schedule "K" -2- 2. AMOUNTS OF COVERAGE REOUIRED Policy or policies of insurance shall be issued jointly in the names of the Owner and the Municipality and shall provide the following minimum coverages for five million ($5,000,000.00) dollars for all damage arising out of one (1) accident or occurrence or series of accidents or occurrences. The issuance of such policy or policies of insurance or the acceptance of it or them by the Municipality shall not be construed to relieve the Owner from responsibility for other or larger claims for which it may be held responsible. 3. EXEMPTION OF COVERAGE PROHIBITED The policy or policies of insurance shall contain no coverage exemptions or limitations for: (a) any shoring, underpinning, raising or demolition of any builqing or structure (b) any pile driving or caisson work; (c) any collapse or subsidence of any building, structure or land from any cause; or (d) any storage, handling or use of explosives in cases in which the Owner is required to obtain the Director's permission to carry out a blasting operation under Schedule "L" of this Agreement. 4. TERM OF INSURANCE The term of the required insurance shall commence no later than the day which the first Authorization to Commence Works is issued and shall terminate no earlier than the last day on which all Certificates of Acceptance have been issued for each of the Works for all the Works contemplated by this Agreement. 9~ 82 SCHEDULE "L" THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corpo~ation of the Municipality of Clarington, enacted and passed the 13 day of October, 1992. REGULATIONS FOR CONSTRUCTION 1. GENERAL All work pursuant to and associated with this Agreement shall be carried out in strict conformity with all approved Engineering Drawings, the Municipality's Design Criteria, Standard Drawings and Specifications or any revision thereof and all applicable legislation, in addition to any requirements set out in this Agreement. 2. SAFETY The Owner shall ensure that all construction pursuant to and associated with this Agreement is carried out in conformance with the Occupational Health and Safety Act, and other applicable legislation. 3. PERMITS AND APPROVALS The Owner shall ensure that any and all permits and approvals required to install or construct or prepare to install or construct any of the Works pursuant to or associated with any part of this Agreement have in fact been obtained and are valid and in good standing. 4. REOUIREMENTS FOR BLASTING Prior to commencing any blasting, the Owner shall obtain from the Director, permission to carry out the blasting operation. 5. REMOVAL OF TOPSOIL The Owner shall not remove any topsoil from the said Lands except for construction purpose and such topsoil must remain within the limits of the said Lands. 9t 83 Schedule "L" -2- 6. DUMPING OF FILL OR DEBRIS The Owner agrees to neither dump, or permit to be dumped, any fill or debris, on nor to remove, or permit to be removed any fill from any lands to be dedicated to the Municipality other than the roads within the limits of the said Lands, without the written consent of the Director. 7. DISPOSAL OF CONSTRUCTION GARBAGE The Owner shall remove and dispose of all construction garbage and debris from the said Lands in an orderly and sanitary fashion in a dump site off the said Lands and approved by the Director. The Municipality shall not be responsible for the removal or disposal of garbage and debris. The Owner shall deliver a copy of this provision to each and every builder obtaining a building permit for any part of the said Lands and to ensure that no burning of construction garbage or debris is permitted on the said Lands. Without derogating from the foregoing provisions of this paragraph, if the Owner fails to remove construction garbage or debris from !he Lands for a period of three (3) consecutive days following the giving of written notice by the Director to the Owner requiring it to do so, the Director may cause the construction garbage or debris to be removed to and disposed of in the aforesaid dumping site at the expense of the Owner. Forthwith after the Director gives written notice to the Owner requiring it to pay for the costs incurred in removing and disposing of the construction garbage or debris, the Owner shall pay the Municipality the amount of money for it is invoiced. 8. OUALITATIVE AND QUANTITATIVE TESTS (1) The Owner's Engineer shall arrange for and monitor all testing or procedures, equipment and materials, by a qualified geotechnical engineer and where applicable, a qualified structural engineer, who shall ensure conformance with the Engineering Drawings, and with the Municipality's Design Criteria and Standard Drawings, or in cases where criteria have not been specified by the Municipality, with the Ontario Provincial Standards for Roads and Municipal Services. (2) Prior to the issuance of a Certificate of Completion, the Owner's Engineer, in conjunction with the geotechnical engineer and where applicable structural engineer, shall issue a certificate in a form acceptable to the Director, 9{ 84 Schedule "L" - 3 - confirming, based on the location, frequency and type of tests and monitoring and the results of such tests or monitoring, that he is satisfied with the materials testing methods used and that the results conform to the requirements of paragraph 8(1) of this Schedule "L". (3) The Owner agrees that the Director may, at his sole discretion, employ a geotechnical engineer to carry out independent qualitive or quantitative tests on behalf of the Municipality, for any portion of the Works, procedures, equipment or materials installed or constructed or to be installed or constructed and that the costs of such testing shall be paid by the Owner. 9. TELEVISED INSPECTION OF STORM SEWER The Owner agrees to televise and record, to the satisfaction of the Director, and for Municipality use, all of the storm sewers, and where deemed necessary by the Director, all catchbasin leads and service connections and, subsequent to any rectifications or additional work, to re-televise and record to the s~tisfaction of the Director, any storm sewer, catchbasin lead, rear yard catchbasin lead or service connection and that all associated costs shall be paid by the Owner. 10. . WINTER CONSTRUCTION In addition to the materials testing criteria for cold weather construction, any pipe bedding, trench backfill or road building material found to contain frozen material shall be deemed unacceptable and shall be removed immediately. The Owner shall not commence placement of base asphalt paving later than December 1st and shall not commence placement of surface asphalt paving later than November 15th, unless approved otherwise by the Director. Should the Director be of the OpInIOn that any of the Works are not being constructed using effective cold-weather precautions he may, in his absolute discretion, revoke any Authorization to Commence Works and suspend construction by issuing a stop work order to be in effect until the Director give the Owner written notice of the termination of the stop work order. 90 85 Schedule "L" - 4 - 11. MAINTENANCE. CLOSING AND USE OF EXTERNAL ROADS The Owner shall, at all times during the life of this Agreement ensure that during any construction on the'said Lands, all public highways abutting the said Lands and all public highways used for access to the said Lands, shall be maintained in a condition at least equal to their condition on the date as of which this Agreement is made, and in all cases to the satisfaction of the Director. At all times, the Owner shall maintain all such highways free of dust and mud which originate from the Lands. If, in the opinion of the Director, a highway has been damaged as a result of the construction, installation or maintenance of the Works, or the development of any portion of the Lands as a result of any action or default by any person other than the Municipality, its agents, employees or contractors, forthwith after the Director gives the Owner written notice of his opinion, the Owner, at the Owner's expense, shall repair such road to the condition which is at least equal to its condition immediately prior to the date of such damage, to the satisfaction of the Director. No highway outside the limits of the said Lands shall be closed without the prior written approval of the authority having jurisdiction ov~r such highway. The Owner agrees not to use or occupy any untravelled portion of any road allowance without the prior written approval of the authority having jurisdiction over such road allowance. 12. Prior to the placement of the base course of asphalt on any road required to be constructed under this Agreement, the Owner shall remove any contamination of the granular base course and repair and replace such base course, where necessary, to the approval of the Director, in order that the construction of such road shall not have suffered due' to any use of the granular base course as a temporary road. Similarly, prior to the placement of the surface of asphalt on any road required to be constructed under this Agreement, the Owner shall clean the base course of asphalt and repair and replace such base course where necessary. Until the roads within the 40M Plan are assumed by the Municipality, the Owner shall maintain all internal roads in a condition acceptable to the Director, and shall ensure these roads are free of dust and mud. 13. WEED AND RAT CONTROL After the commencement of construction the Owner shall institute upon the Lands a program of weed and rat control to the satisfaction of the Director. 86 01 SCHEDULE "M" THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October, 1992. USE OF THE LANDS The Owner agrees that the said Lands shall not be used for the purpose other than as set out in the following table. LOT OR BLOCK NUMBER ON 40M PLAN PERMITTED LAND USE ALL PHASES OF DEVELOPMENT The Owner acknowledges and agrees to provide two (2) outdoor parking spaces for each single detached and semi-detached dwelling unit to be constructed within draft Plan of Subdivision 18T-88037. Where the two outdoor parking spaces are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is thirty (30%) percent. Furthermore, where a private garage or carport provides one of the required parking spaces for a single detached, semi-detached or townhouse dwelling unit, the minimum area inside the private garage or carport shall be 18.58 m2 and the minimum width shall be 3.0 metres. Furthermore, the Owner acknowledges and agrees not to formally appeal or object to any amending by-law that the Municipality would enact to implement the above noted requirements. PHASE I OF THE DEVELOPMENT OF THE LANDS Lots 1-21, 43-64, 73-132 Lots 22-42, 65-72 Blocks 137, 138, 140, 141 Block 133, 134 Block 135 Blocks 142-145 Blocks 146-147 Single Family Dwelling Units Semi-Detached Dwelling Units Street Townhouse Units Future Residential (See Schedule "N") Park 0.3 Metre Reserve Road Widenings PHASE(S) SUBSEQUENT TO PHASE I OF THE DEVELOPMENT OF THE LANDS (Numbering is from 18T-88037) Lots 1-26, 80-89, 308-337, 348-352 Lots 27-39, 40-47, 64, 65, 75-79, 90-113, 130-147, 338-347 Lots 48-63, 66-74, 114-129 Block 353 Block 356 Block 358, 359 Block 360, 361 Block 367 Single Family Dwelling Units Semi-Detached Dwelling Units On-Street Townhouse Units Multiple Housing Block (40 units) Open Space Road Widenings 0.3 Metre Reserves Walkway 9'1 87 SCHEDULE "N" THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been authorized and approved by By-law No. 92-209 The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October, 1992. LANDS UNSUITABLE FOR BUILDING The Owner agrees that no application will be made for a building permit for the erection of any structure on the Lands listed in the following table, until the conditions listed in the following table have been satisfied to the approval of the Director of Public Works and/or any other Authorities having jurisdiction. LOT OR BLOCK NUMBER ON 40M PLAN PERMITTED LAND USE Block 133 and Lots 130, 131, 132 - The Owner shall not require or cause or suffer any person to require building permits to be issued until such time as the Temporary Stormwater Management Facility has been removed from the subject lands to the satisfaction of the Director of Public Works. At such time, the applicable provisions for the issuance of Building Permits (including the payment of appropriate Development Charges) contained in paragraph 4.6 have been satisfied. Block 134 The Owner.shall not require or cause or suffer any person to be issued until all appropriate approvals are obtained from the Municipality and the Central Lake Ontario Conservation Authority. Furthermore, the Owner acknowledges that all financial requirements including the payment of development charges would be required prior to the development of the Block. Lot 114 The Owner shall not require or cause or suffer any person to require permits to be issued until such time the streets abutting said lot are extended and completed to full urban standards Schedule "N" qq 88 .2. to the satisfaction of the Director of Public Works and said lot develops with the abutting lands to the north within Phase II. PHASE(S) SUBSE~UENT TO PHASE I OF THE DEVELOPMENT OF THE LANDS Lots or Blocks Number on 18T-8803? Block 353 See Schedule "0" 100 89 SCHEDULE "0" THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October, 1992. LANDS REQUIRING SITE PLAN APPROVAL The Owner shall not make or permit or offer any person(s) to make an application for a building permit for the erection of any building or structure on any of the lands listed in the following table until a Site Agreement has been entered into with the Municipality and the building complies in all respects with the terms of the Site Plan Agreement. LOT OR BLOCK NUMBER ON 40M PLAN Block 353 on Draft Plan 18T-88037 Multiple Housing Block Ie! 90 SCHEDULE "P" TillS SCHEDULE IS SCHEDULE "P" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October, 1992. (SEE ATI'ACHED) 0J o .............. PAYMENTS REQUIRED BY BENEFITING OWNER* OF PORTION OF FRONT-END PAYMENTS** Front End Total Benefiting Phase 1 Phase 2 Total Payment Total Benefiting Owner's Share Total Benefiting Owner's Share Total Benefiting Owner's Agreement*** Area No. Area (ha) Benefiting Area (ha) Benefiting Area (ha) ($/ha) Phase 1 ($) Phase 2 ($) Share ($) Willowbrook and Mearns I Storm Sewer Oversizing 2 22.38 2.63 19.75 $12,564 $33,043 $248,139 $281,182 Schickedanz Upper and Lower Watershed 4D 21.49 1.74 19.75 $11, 166 $19,429 $220,531 $239,960 Schickedanz Lower Watershed 4D 21.49 1.74 19.75 $10,082 $17,543 $199,121 $216,664 TOTALS $70,015 $667,792 $737,807 * The "Benefiting Owner" is the Owner of the Lands subject to this agreement ** Payments shown do not include indexing. Indexing is to be applied, the calculation made and the amount produced is to be added to the Benefiting Owner's share at the time of payment. ***Agreement between the Municipality and 621182 Ontario Limited and Shadale Capital Corporation by its Receiver and Manager BDO Dunwoody Limited (L T 892883). Agreement between the Municipality and Schickedanz Bros. Limited and Royal Bank of Canada for the Stormwater Management Works (Upper and Lower Watershed) (L T 699431). Agreement between the Municipality and Schickedanz Bros. Limited and Royal Bank of Canada for the Stormwater Management Works (Lower Watershed) (L T 699408). (if6 91 SCHEDULE "0" THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October, 1992. CONSERVATION AUTHORITY'S WORKS (1) That the Zoning By-law referred to in draft Condition #11 shall contain the appropriate provisions to restrict any building or structure, other than those necessary for flood or erosion control, on Block 356 on Plan 18T-88037. (2) Prior to the initiation of grading and prior to the registration of this plan or any phase thereof, that the Owner shall submit for the review and approval of the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources, a detailed engineering and drainage report that describes the stormwater management techniques which may be required to minimize the amount of stormwater flow directed into Soper Creek and the proposed methods for controlling of minimizing erosion and siltation on site and/or in downstream areas during and after construction. (3) The Owner shall demonstrate to the satisfaction of the Central Lake Ontario Conservation Authority that no lots will be prone to flooding from the Soper Creek under regional storm conditions. (4) That the Owner shall carry out, or cause to be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources, the recommendations referred to in the report required in Condition (2) above. (5) The Owner agrees to not place, fill or grade the subject property without prior written approval being given by the Central Lake Ontario Conservation Authority. /C:if 92 SCHEDULE "Rn THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been author.ized and.approve.i by By-law No. 92-209 of The Corporation of the Municipality of Clarington1 enacted and passed the 13 day of October, 1992. . ENGINEERING AND INSPECTION FEES Estimated Cost of Works Up to $100,000.00 $100,000.00 to $500,000.00 Fees 4% to a maximum of $4,000.00 $500,000.00 to $1,000,000.00 $4,000,00 or 3.5% of the estimated cost of services - whichever is greater $17,500.00 or 3% of the estimated cost of services - whichever is greater $1,000,000.00 to $2,000,000.00 $30,000.00 or 2.50% of the estimated cost of services - whichever is greater $2,000,000.00 to $3,000,000.00 $50,000.00 or 2.25% of the estimated cost of services - whichever is greater 53,000,000.00 to $4,000,000.00 $67,500.00 or 2% of the estimated cost of . services - whichever is greater For the purposes of calculating the Engineering and Inspection Fees as contemplated by this JCU~Ul~, llle c~L1lliclLcll W&~ uf '\VU1M "llall w\,lu\l\, tlJ.\, CU"l. I:.nWlt1ll:..l Q.) .lpCioWGid in Schedule "J" hereto, and shall also include the estimated cost of Region services. The payment of the Engineering and Inspection fees to the Municipality are subject to the Goods and Services Tax, and therefore an additional seven (7%) percent must be added to the fees calculated using this Schedule and paid by the Owner to the Municipality. The Engineering and Inspection Fees are to be paid to the Municipality prior to issuance of the Authorization to Commence Works provided that if there is a Staging Plan the Engineering and Inspection Fees relating to each stage are to be paid to the Municipality prior to issuance of the Authorization to Commence Works for the stage in question. to?' 93 SCHEDULE "S" TillS SCHEDULE IS SCHEDULE "S" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October, 1992. REGION'S CONDmONS OF APPROVAL DATED APRIL 11. 1992 AS AMENDED .JUNE 11.1992 1. That this approval applies to draft Plan of Subdivision 18T-88037, prepared by the Ministry of Government services, revised and dated January 23, 1990, illustratini 183 single family detached dwellings, 198 semi-detached units, 68 street townhouse units, a multiple housing block for 40 units, a school block, park and open space blocks, and various reserves, walkways, road widenings, roads and a servicing easement. 2. That the road allowances included in this draft plan shall be dedicated as public highways. 3. That the road allowances included in this draft plan shall be.. named to the satisfaction of the Regional Municipality of Durham and the Town of Newcastle. 4. That the 3.05 metre road widenings shown as Blocks 35.7, 358 and 359 shall be dedicated as public highway(s) for the purpose of widening Mearns Avenue. 5. That the 0.3 metre reserves, shown as Blocks 360, 361 and 362 on the draft plan, shall be conveyed to the Town of Newcastle. 6. That the deadend created by this draft plan at the north limit of proposed Street "B" shall be terminated in 0.3 metre reserve to be conveyed to the Town of Newcastle. 7. That 5.0 metres x 5.0 metres site triangles where Streets "A" and "E" intersect with Mearns Avenue shall be conveyed to the Town of Newcastle. 8. That Blocks 364, 365, 366 and 367 on draft plan shall be dedicated to the Town of Newcastle as public walkway(s). 9. That the Owner shall convey land to the Town of Newcastle for park or other public recreational purposes in accordance with The Planning Act, as amended. Alternatively, the Municipality may accept cash-in-lieu of such conveyance. ID(o 94 Schedule "S" - 2 . 10. That such easements as may be required for utilities, drainage and servicing purposes shall be granted to the appropriate authorities. 11. That the land uses shown on the approved draft plan shall be placed in appropriate zoning categories in a Zoning By-law passed by the Council of the Town of Newcastle in accordance with The Planning Act, 1983, as amended. 12. That the Zoning By-law referred to in Condition 11 shall contain the appropriate provisions to restrict any building or structure, other than those necessary for flood or erosion control, on Block 356. 13. Prior to the initiation of grading and prior to the registration of this land or any phase thereof, that tbe Owner of this plan of any phase thereof, that the Owner shall submi~ for the review and approval of the Central Lake Ontario Conservation Authority and the Ministry of Natura! Resources, a detailed engineering and drainage report that describes the stonnwater management techniques which may be required to minimize the amount of stOImwater flow directed into Soper Creek and the proposed methods for conttolling or minimizing erosion and siltation on site and/or in downstream areas during and after construction. 14. 1b.at the Owner shall demonstrate to the satisfaction of the Central Lake Ontario Conservation Authority that no lots will be prone to flooding from the Soper Creek under regional storm conditions. 15. That the Owner shall enter into a written agreement with the Northumberland and Newcastle Board of Education which provides for the future acquisition of the school site, as shown as Block 354 on the draft plan, to the satisfaction of the School Board. 16. That 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 exteuion of sanitary sewer and water supply facilities within the limits of the plan which are required to service other development external to 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. / (]l 95 Schedule "s" - 3 - 17. That prior to entering into a subdivision agreement, the Regional M1.micipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 18. That if this subdivision develops prior to lands ~ed by others (located south of Street "HI and north of Concession Street) the subdivider will be responsible for obtaining the sanitary sewer and watennain easements required to provide service to the subdivision to the satisfaction of the Regional Municipality of Durham. The full cost of obtaining the said easements and construction of the required sanitary sewer and watermain is to be borne by the subdivider. 19. The Owner shall satisfy all requirements, financial and othexwise, of the Town of Newcastle. This shall include, among other matters, the execution of a subdivision agreement between tbe Owner and the Town of Newcastle concerning the provision and satisfaction or roads, services, drainage and other locai services. 20. That 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. 21. That the ownership of Block 356 be resolved to the satisfaction of the Town of Newcastle. 22. That the subdivision agreement between the Owner and the Town of Newcastle shall contain, among other matters, the following provisions: a) The Owner shall carry-out, or cause to be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources, the recommendations referred to in the report required in C..ondition 13. b) The Owner agrees to not place fill or grade on the subject property without prior written approval bein~ given by the Central Lake Ontario Conservation Authority. lor 96 Schedule "s" ~ 4 - c) The Owner agrees to insert the following. clause into the agreement of' purchase arid sale for affected lots: "Purchasers are advised that noise levels may be of concern occasionally interfering with some activities of the dwelling occupants. tI d) The Owner agrees to implement the noise control measure recommended in the acoustic report, dated October 26, 1989, prepared by O.M. Semas & Associates Ltd. 23. That prior to final approval of this plan for registration, the Commissioner of Planning for the Regional Municipality of Durham shall be advised in writing by: a) Town of Newcastle, how Conditions 1, 2, 3,4,5, 6, 7, 8, 9, 10, 11, 12, 19, 21 and 22( d) have been satisfied; b) Central Lake Ontario Conservation Authority, how Conditions 12, 13, 14, 22( a) and 22(b) have been satisfied; c) Northumberland and Newcastle Board of Education, how Condition 15 has been satisfied; d) Ministry of Natural Resources, how Conditions 12;'13 and 22(a) have been satisfied; and e) Ministry of the Environment, how Conditions 22(c) has been satisfied. /09 97 SCHEDULE "T" THIS SCHEDULE IS SCHEDULE "T" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October, 1992. TREE PRESERVATION PLAN (See Attached) .. 110 98 SCHEDULE "U" THIS SCHEDULE IS SCHEDULE "U" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October, 1992. LANDSCAPING PLAN (See Attached) . II ( 99 SCHEDULE "V" THIS SCHEDULE IS SCHEDULE "V" to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October, 1992. REOUIREMENTS OF OTHER AGENCIES A. MINISTRY OF NATURAL RESOURCES 1. The Zoning By-law referred to in draft Condition 11 shall contain the appropriate provisions to restrict any building or structure, other than those necessary for flood or erosion control, on Block 356 on Plan 18T-88037. 2. Prior to the initiation of grading and prior to the registration of this plan or any phase thereof, that the Owner shall submit for the review and approval of the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources, a detailed engineering and drainage report that describes the stormwater management techniques which may be required to minimize the amount of stormwater flow directed into Soper Creek and the proposed methods for controlling or minimizing erosion and siltation on site and/or in downstream areas during and after construction. 3. The Owner shall carry-out, or cause to be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources, the recommendations referred to in the report required in Condition Number (2) above. B. NORTHUMBERLAND AND NEWCASTLE BOARD OF EDUCATION 1. That the Owner shall enter into a written agreement with the Northumberland and Newcastle Board of Education which provides for the future acquisition of the school site, as shown as Block 354 on the draft plan, to the satisfaction of the School Board. C. MINISTRY OF ENVIRONMENT 1. The Owner agrees to insert the following clause into the Agreement of purchase and sale for affected lots: "Purchasers are advised that nOIse levels may be of concern occasionally interfering with some activities of the dwelling occupants." 2. The Owner agrees to implement the noise control measures recommended in the acoustic report, dated October 26, 1989, prepared by G.M. Sernas & Associates Ltd. .. . Ill- ~ 100 SCHEDULE "W' THIS SCHEDULE IS SCHEDULE "W' to the Agreement which has been authorized and approved by By-law No. 92-209 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of October, 1992. ARCHITECTURAL CONTROL STANDARDS All dwellings to be erected on the said Lands shall satisfy the following architectural control standards: 1. EXTERNAL MATERIALS: (a) Exterior construction must be a minimum of forty (40%) percent masonry products excluding stucco and concrete blocks. Dwellings sited at the comers require full height masonry products on all elevations. (b) No substitutions are allowed within paragraph (a) except by written permission of the Director of Planning and Development. 2. COLOURS: (a) Colours of bricks, siding, roofs and trims must be compatible and in harmony such as earth tone range, pastel range, greylblack range etc. (b) Where bricks are used, coloured mortar is required. (c) Accent colour bricks for brick detailing IS permitted provided if used consistently in group of dwellings. (d) Colour of caulking around metal flashing or windows is required to match colour of brick or siding. 3. REPETITION OF ELEVATIONS AND STYLES: ( a) Any two (2) dwellings abutting each other must exhibit a minimum of twenty- five (25%) exterior variations in elevations or colour schedule. (b) Dwellings of identical elevation and/or colour schedule must be separated by a minimum of four (4) dwellings. -# 113 ,. 101 Schedule "W' -2- ( c) Dwellings which mimic the influence of a particular architectural influence (eg. Georgian, Colonial, Spanish) are permitted only if constructed in a group reflecting the same architectural influence. 4. OTHERS (a) All metal roof vents and stacks must be located in the rear slope of roofs and must be painted to match the roof colour if exposed to public view. (b) All dwellings must carry brick veneers to within twelve (12) inches of the grade on front elevation and within twenty (20) inches on side and rear elevations. Exposed concrete foundation in excess of the aforementioned standard will not be permitted. ( c) The Owner shall encourage the builder of dwellings to vary siting and setback of dwellings. (d) The above standards are minimum standards and builders are encouraged to exceed the standards as long as the objective of creating attractive and aesthetically pleasing appearance is achieved. 08/24/99 07:34 FAX 416 363 0645 BAKER SCHNEIDER SWARTZ _ ~ 003/003 f Certifiu.te of Title: To: The Corporation of the Municipality of Clarington And To: Robins, Appleby & Taub, their solicitors Re: St. Stephen's Estates Inc. Subdivision Agreement with The Municipality of Clarin~on 1, George N. Ruggiero, a solicitor of the Ontario Court (General Division) do hereby certify that St. Stephen's Estates Inc. is the sole owner in fee simple of Parcel 8-3, Concession 2 (save and except Part 1 on Plan 40R-18897). I hereby certify that there are no mortgages or other encumbrances upon the said lands or any part thereof save and except the following: Mortgage in favour of The Toronto Dominion Bank registered as instrument number L T907909. I further certify that St. Stephen's is the sole owner in fee simple of the above noted lands including the lands to be conveyed to the Corporation of the Municipality ofClarington or over which easements or rights are to be conveyed to the Corporation of the Municipality of Clarington. This certificate is given by me to the COIporation of the Municipality ofClarington for the purpose of having the said Corporation of the Municipality ofClarington rely upon it and to act on it in approving and releasing the Agreement and for certifying title. Dated at Toronto this 23nl day of August, 1999. G:\OTOZlSl StqlhcuslSub2044]\DCcrtitl3.08~. wpd ~8~ AUG 24 '99 07:44 416 363 0645 PAGE. 03 l , ~ ~ Province of Ontario Document General Do Process Software Ltd. . (416) 322-6111 D Form 4 - Land Reqistration Reform Act . 0 !KI T(2) of4~ (1) Registry Land Titles Page 1 pages (3) Property Block Property Identifier(s) 26~O-OOO5{L.""') Additional: ~ See I- Schedule C'- "- CD I - U) (4) Nature of Document If) w t...... ~ APPLICA TION BY MUNICIPALITY FOR INHIBITING ORDER -:.:> "-I -'-- ~ CD w- ~ - - I Section 23 of the Land Titles Act) c:: 0 j C'- c;j" E <I (5) Consideration >" ~_.L- .............. "I I~ (::-;; :1r CL - ~ tu ..::( ,~~::- ~ Dollars $ NIL ~ en !- -,"-, ~ - , ;~1j - 0:: C'J t:;;: ! (:.J ::;l -"! AI (6) Description :::l - 0 c..::) :;/ :i' Firstly: Part of Parcel Plan-I, Section 40M-IC/77 I- u... =:l .-.,-,'7"- -.J l- ce . ~--'\l as to Lot 99, Part of Blocks 137, and 138, and Blocks 135, 136, 139, 142, a:: C~'1 143,144,145, I'. n II T, Plan 40M- I ~ 71 w en 0 CD ~ - I~ .. no "T n ,.., ~ ,.. -- . , IffiI J . T> . T>. ,,'~ . nn. n ~ "7 ~ New Property Identifiers PT - ,.., '"' ,.. ..- ,n , Additional: .... See 0 rluign;~.hd all Pal,. 1 Al('PlllR 1QR I ':'SQJ eJ ", Schedule Executions .11' Municipalit'y of Clarington, Regional Municipality of Durham (7) This (a) Redescription (b) Schedule for: Additional: Document New Easement Additional See 0 Contains: Plan/Sketch 0 Description /gl Parties 0 Other 00 Schedule - (8) This Document provides as follows: See annexed Application by Municipality for Inhibiting Ord,er Continued on Schedule D (9) This Document relates to instrument number(s) (10) Party(ies) (Set out Status or Interest) /" Name(s) S;g.,aiu"I') I 12 ~ Dote of S"",,".. I . ~ ,Y ,M ,0 IHE.C.QRP..QRAIIO.N..QF..IHE.MJINICJP.ALJI.y............ ..:..1... ~....... ...~..... ........ . ............J...l.9.9.9...J..O.7.I~1 OF CLARINGTON by its solicitor Joh . Cooney i i i .................................................................................................................................................................................. ....... ....................................................................................... .........................--..r.......................i-............f............ , " . ,. , ,. , " .........................-........---.................--............................................................................................................................................. .................................................................................r.............")".....l."'" (11) Address 40 Temperance Street, Bowmanville, Ontario, LIC 3A6 for Service (12) Party(ies) (Set out Status or Interest) Name(s) Signature( s) Date of Signature y M 0 ....................................................-............................................................................................................................... , ., ......................................................................................................................................-............................................ , " . ., . .. . ,. , .. , '. , '. , '. .................................................................................................................................................................. . '. ....................................................................................................................................................................................... , '. , " , " , " , " , " . " , " , " ..................................................................................................................................................................................... . ., ................................................................................................................................................................................................................. , ., . .. , ., , ., . '. , .. . ,. , '. (13) Address for Service (14) Municipal Address of Property (15) Document Prepared by: I~ Fees and Tax --l z Registration Fee John A. Cooney 0 w Not Assigned Robins, Appleby & Taub rn :> 130 Adelaide Street West w S:1 Suite 2500 LL LL Toronto, Ontario 0 a:: M5H 2M2 ~ Total Document prepared using The Conveyancer , I '\. SEco""~l-1( : 'tJ.1. N.: .26650- 000$ (L!) ~~ t oS lot Y5, CQnc..e.ss~ 2 (forMe-4"''5 --ro(,J"l 'S ~OW""~V7'~ ~~l'~{\a,fe.rL ~ ?~t .i-) o~ ?L,",,- 40R - J.qO~1r l1~~f~~ oJ CLa..r~-bf\) ~~~oll-al t1UM'ec:f~~ Df DurhafVL - ~""I:a\..." ~ ::p i.l.~: :i'6:J() ()()(?;; (L-"-)~ ?~ t ,,~I 11 uUlr__..,~';CW\. :2, (fo I ...'" '5 ~ \ 0"" J:=$ ~"',....... ".{ I J de s ~ ~ ..+...; .. ~ ~r L 1 n.,q -pI ~~. 40 R t"f502' ~~AGi:a~~ 1 r.Lu .'''Jt.." 'K~'~"lot / (UM'c.f~~ :DL. k~~ i '".. LAND TITLES ACf Section 23 TO: APPLICATION BY MUNICIPALITY FOR INHIBITING ORDER TIIE LAND REGISTRAR FOR TIlE LAND TITLES DMSION OF DURHAM (No. 40) L Marie Knight Stanley. Deputy Clerk of the Corporation of the MWlicipality ofClarington hereby certify that ST. STEPHEN'S ESTATES INC. the registered owner of Parcel 8.3, Section Con. 2 (Darlington), being composed of Part of Lot 8, Concession 2. in the former Town of Newcastle, now the Municipality of ClaringtOn, Regional Municipality of Durham, part of which being the land laid OU) a Plan of Subdivision dated AUqUST J6 ,199-1 prepared by l FLIM , an Ontario Land Surveyor, has not executed and is not under any obligation to execute any Transfer of Land or Transfer of Easement or any Agreement affecting title to the said land in favour of the Corporation of the Municipality ofClarington that has not been registered as of the date hereof except the following: TRANSFERS ~ND AGREEMENTS LOTS AND BLOCKS Transfer of Easement (Yard Catch Basins) Part of Blocks 137 and 138 Plan 40M- /177 designated as Parts 1 and 2 on Plan 40R- VtZqj Lot99,Plan40M- /177 Transfer of Easement (Temporary Storm Sewer Easement) Postponement (Charge No. LT907909) Part of Blocks 137 and 138 Plan 40M- /q 77 designated as Parts 1 and 2 on Plan 40R- Viz. q/ Lot 99, Plan 40M- ;1 77 Postponement (Charge No. LT907909) Transfer in fee simple (0.3 metre reserve) Blocks 142, 143, 144 and 145, Plan 40M- /977 Transfer in fee simple (walkway) Block 139, Plan 40M- /17 7 Transfer in fee simple (park block) Blocks 135, Plan 40M- /q 71 Transfer in fee simple (stormwater outfall works) Blocks 136, Plan 40M- ;<171 Partial Discharge (Charge No. LT907909) Block 139, Plan 40M- ;q 77 Partial Discharge (Charge No. LT907909) Blocks 135, Plan 40M. 197 7 Partial Discharge (Charge No. LT907909) Blocks 136, Plan 40M- ;177 . . . and as to the following lands outside the plan of subdivision: Transfer of~ement (Temporary External Stonn Sewer Easement) Part of Lot 8, Concession 2 PI, N, : 2(.(P50-oo0S (fonnerly in the ToVYll of Bowman viII e) designated as Part 1, Plan 40R.19018 . Transfer of E4bement (External Stoowll8ter Omfall W gr-ks) Part ofT ot~ 7, rnnr~..jou 2 -Po U0: 26650 _ C1 Of.- 3 (fnrm..rly in thPl Tnum nf'nn~"nviIlC) aesigAtltea as Paft I, Plan 40R 17502 Postponement (Charge No, LT907909) Part of Lot 8 Concession2 7),fV.: ::2bbso,ooo5 , (formerly in the ToVYll ofBowmanville) designated as Part I, Plan 40R-19018 P~8R8IR_ (Charge ~- L T9079Q9) Pan gfI.Q~ 7, CgA".~si9A 2 --v.1,IV ,:26650-0oj..3 (fnnn..rly in thP. Town ofRo'W'Tllmvil~) designated as Part I, PI"'" A(1) 17(07 AND as to the Lots and Blocks mentioned above, I HEREBY REQUEST you to issue an Order or make an entry under Section 23 of the Land Titles Act inhibiting any dealing with those Lots and Blocks until the Instruments mentioned above have been registered. The address of the applicant for service is 40 Temperance Street, Bowmanville, Ontario, LIC 3A6. DATED at Clarington. this 31st day of August, 1999. ., lid ~nce ~ Ontario >4 . O,j ('\J ::r- 0) C\J 0) f- a.. w o W_ e:: 0 . 0;::- i..t,._ ,-,.... 18 '-";" LU ~i -~ ;::.: 05 tZa I- er l.U o New Property IdentifienI 1- -J Executions (8) This (a) Redescription Document New Easement Commns P.wSk~ [] ....... D C\.J I i E:: CL co Transfer/Deed of Land form 1 - und Reglatflrtlon Reform Ad Do Process Software Ltd. · (416) 322-6111 20441.a(catch) ~ S;; "'-k...-. . ~;:,I~~ r. ...!.... 'il "~ ~~ I Additional: S.. Schedule (1) Registry [] (3) l:=~(S) Land Titles IKI (2) Page 1 of ~ Block Property ~650 - 0-:::2.1-7 (l.T) o:Zj.~ Lor. pagea Additional: 0 s.. Schedule 0') 0') " Additional: See Schedule (b) Schedule for: Description [] (4) Consideration ONE-u-~ -- ----------------------------------- DoIIa... $ 1.00 (I) Description This is a: Property ~ DIvision ~ Property Consolidation 0 Firstly: Part Block 137, Plan 40M- )/1"17 Desi&nated as Part 1 on Plan 40R- J.'i ;2..qj. Secondly: Part Block 138, Plan 40M- j,,'f'17 o Desipated as Part 2 on Plan 40R- J,.iT:29 t The Municipality of Clarin&ton, Re&ional Municipality of Durham o Land Titles Division of Durham (No. 40) at Whitby (7) Interestll!state Transferred Additional ~ql_Y PlrtIes [] Other IX] Easement (I) Transferor(s) The tranaferor hereby transfe... the land to the transfer....J:mtI..-lIDt.....~l[lI1IIDIIt'..~- d1..~ _.....r."I......"I'II..1 ........ r T.lI~.........._..___..._.._.___..........._....................................................._.__........._..........._......_.__..__ Name(s) 1 ST, SmlBENS. ESIATES.JNC.........._............................. I !)ave ..whmtx.J;Q.Jliod.*..CJltWWl~_................................ .........1.1. ............... .........1. ,.......... .....__._.............................___........... ...........................................................-...........-....1...-- Date of Signature :::'-.._-t-~-+f (I) Spouse(s) of Tr.nsferor(s~ I hereby consent to this transaction Name(s) ----.-.-.-.---.....................................--..-.--..... (10) Transferor(s) Address 633 EdgeIy Boulevar~J Unit #3 for Service Concord. Ontario L4K. 4H6 (11) T...nsfel'ee(.) -r1-tE: c:.oR.PoMTIOtJ of "",E ~ALllI Of: ~ION....._..........................................................................................._..............._.._ Date of Birth Y M 0 .....-...-.................................-.................................................................-.-.....-.........-.... -.-. _.i ........ ....r......____....___._.._................................................................._.........__.......____.... .._.. ._ ._. (12) T...n._....) Address 40 Temperance Street forService BowmanviUe Ontario L1C 3A6 (13) 1'..ans_or(s) The tranIferor veriIIes that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning AI:;t. Date of Signature Date of Signature ~.. Signature . ........... ..j......~.....l~l~J slgnature......................................._.__.....L.....Lf_ . . Solicitor for T...nsferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the tranaferor to determine that thla transfer does not contravene that section and based on the Information supplied by the transferor, to the best of my knowledge and belief. this transfer doee not contravene that section. I am In Ontario solicitor In good standing. Date of S~nature ~ =~ '",",we----.L..J..::L (14) Solicitor for Transferee(s) I have Investigated the title to this land and to abutting land where relevant and I am satiafled that the title records reveal ... no contravention as let out In subclause 50 (22) (c) (i1) of the Planning Act and that to the best of my knowledge and belief this transfer does not l"lf ...- -. 50 '" the -. Act. I '" Ind_ '" the ...- for the ......rm(a) and I am an Onts.. _ h .... _ J~-I Name and t I Addresa of Date of Signature ~ Solicitor Y M 0 Slgnature........................._........._........_......--L-._LL F..s and Tu: (11) Aneument Roll Number of Property (1') MunlclPlI AdcINss 01 Property Not Assiped Not Assigned (17) Document Prepared by: Stephen E. Haller (St. Stephens#20441) Baker, Schneider, Swartz 120 Adelaide Street West Suite 1000 Toronto, Ontario MSH 3Vl Total Registration Fee Land Transfer Tax Documont pr.p.r.d using Form'L 'Wa,.. LandForms JUL 8'SS 10:43 FR ROBINS APPLEBY TAUB TO 5555555~S3630645 P.02/04 '" ;;z ADDITIONAL COVENANTS The Transferor hereby transfers to the Transferee, its successors and assigns, the free, uninterrupted and unobstructed right and easement to construct, operate and maintain such storm sewer and catchbasins together with any and all appurtenances, facilities and works (the "WOrks") as may be required from time to time in, across, under and through the lands more particularly described in Box 5 hereof (the "Lands "). TOGETHER with the right of the Transferee, its successors and assigns and its and their servants, agents, contractors and workmen with all necessary materials, equipment, machinery and vehicles to enter upon the Lands (the "Right to Enter") at all times and to pass and repass thereon for the purpose of installing, constructing, reconstruction, examining, altering, repairing, renewing or replacing and maintaining the Works or any part thereof whether or not any part to be so constructed, instal/ed, repaired, renewed, altered, replaced or maintained is situate on the Lands. TO HAVE AND TO HOLD the said easement or right in the nature of an easement on, in, across, under and through the Lands unto the Transferee, its SUCCessors and assigns for its and their sole and only use forever. AND the Transferor: a) covenants that it will not erect any buildings or structure, plant any trees, hedges or shrubs, place or remove any fill on any part of the Lands or cause or permit any person to interfere in any way directly or indirectly with the Works or in any way derogate from the easement hereby transferred; b) hereby releases the Transferee from any and every claim which mayor might arise out of the exercise by the Transferee of any of the rights hereby granted or which may arise out of the existence, operation, construction, reconstruction, examination, repair, renewal, replacement and maintenance of the Works; c} covenants with the Transferee that it has the right to convey the said rights and easements to the Transferee, notwithstanding any act of the transferor; d) covenants with the Transferee that it will execute such further assurances of the said rights and easements as may be required by the Transferee; e) covenants to transfer to the Transferee, from time to time, such other easements on a temporary basis only as the Transferee may reasonably require to exercise the Right to Enter; and (f) releases to the Transferee all claims upon the interest hereby transferred. AND the Transferee shall have quiet posseSSion of the said easement or right in the nature of an easement, free from all encumbrances and restrictions, save as mentioned herein. Do Process So~re Ltd. . (416) 322-6111 Affidavit of Residence and of Value of the Consideration Refer to all instructions on reverse side. Form 1 - Land Transfer Tax Act L IN THE MATTER OF THE CONVEYANCE OF (insertbriefdescriptionofland) Part of Block 137, Plan 40M- jQ1"f ./ designated as Part 1 on Plan 40R- .1.q~j.. and Part of Block 138, Plan 40M-1/~T1 designated as Part 2 on Plan 40R- j.q2~i , Municipality of Clarington BY (print names of all transferors in full) St. Stephen' s Estates Inc. TO (see instl1lction 1 and print names of all transferees in full) The Corporation of the Municipality of Clarington I. (see/nstl1lction2andprintname(s)infUll) John A. Coon~ MAKE OATH AND SAY THAT: 1. I am (place a clear mark within the square opposite that one of the foilowing paragraphs that describes the capacity of the deponent(s)): (see Instl1lction 2) ~ (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; (b) A trustee named in the above-described conveyance to whom the land is being conveyed; (c) A transferee named in the above-described conveyance; X (d) The authorized agent or solicitor acting in this transaction for (insert name(s) of principal(s)) described in paragraph(s) ~. ~. (c) above: (strike out references to inapplicable paragraphs) o (e) The President, Vice-President, Manager, Secretary, Director or Treasurer (insert name(s) of corporation(s)) described in paragraph(s) (a), (b), (c) above; (strike out references to InappIJcabIe paragraphs) o (f) A transferee described in paragraph ( (insert only one of paragraph (a), (b) or (c) above, as applicable) and am making this affidavit on my own behalf and on behalf of (insert - of spouse) who is my spouse described in paragraph ( ) (insert only one of paragraph (a), (b) or (c) above, as applicable) and as such, I have personal knowledge of the facts herein deposed to. 2. (To be completed where the value of the consideration for the conveyance exceeds $400,000). I have read and considered the definition of "single family residence" set out in clause 1 (1)(ja) of the Act. The land conveyed in the above-described conveyance ~ contains at least one and not more than two single family residences. Note: Clause 2(1)(d) imposes an additional tax at the rate of one-half of one per does not contain a single family residence. cent upon the value of consideration In excess of $400,000 where the conveyance contains m ore than two single fam i1y residences. (see instruction 3) contains at least one and not more than two single family residences. 3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1)(f) and (g) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporationk or a "non-resident person" as set out in the Act. (see Instructions 4 and 5) none 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . .. . $ (b) Mortgages (i) Assumed (show principal and interest to be credited against purchase price) . $ (ii) Given back to vendor . . . . . . . $ (c) Property transferred in exchange (detail below) . . . . . . . . . . . . . . . $ (d) Securities transferred to the value of (detail below) ............ . $ (e) Liens, legacies, annuities and maintenance charges to which transfer is subject . $ (f) Other valuable consideration subject to land transfer tax (detail below) . . . . . $ (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of (a) to (f)) . . . . . . . . . . . (h) VALUE OF ALL CHA TTE LS - items of tangible personal property (Retail Sales Tax Is payable on the value of all chane/s unless exempt under the provisions of the "Retail Sales Tax Act., R.S.a, 18'0, c.454, as amended) . $ (i) Other consideration for transaction not included in (g) or (h) above . $ (j) TOTAL CONSIDERATION ................. .$ 5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see instruction') 2.00 Nil Nil Nil Nil Nil Nil All Blanks Must Be Filled In. Insert -NIl" Where Applicable . . . . . $ 2.00$ 2.00 Nil Nil 2.00 6. If the consideration is nom Inal, is the land subject to any encum brance? 7. Other remarks and explanations, if necessary. Transfers of Easement pursuant to a Subdivision A~reement Sworn before me at the City of Toronto in the Province of Ontario dd this 2Cf1'^ day of -:J'1Jy 19 I -t ~.~-- A Commissioner for taking Affidavits, etc. HELEN KAY WRIGHT, a Commissione~ ate un clpa ity of Metropolitan Toronto, for Property Information Record Robins Appleby & Taub, Barristers and SOUCItDrS. A. Describe nature of instrument: TransfeiqllrBs FeblUaJy 4, 2000. B. (i) Address of property being conveyed (If available) Not Assigned (iQ Assessment Roll No. (Ifavailable) Not Assigned C. Mailing addressees) for future Notices of Assessment under the Assessment Act for property being conveyed (see instruction 7) 40 Temperance Street. Bowmanville. Ontario L 1 C 3A6 For Land Registry Office Use Only Registration No. Registration Date Land Registry Office No. D. (Q Registration number for last conveyance of property being conveyed (If available) (iQ Legal description of property conveyed: Same as in D.(Q above. Ves D No D E. Name(s) and addressees) of each transferee's solicitor John A. Coon~, Robins, Appleby & Taub 130 Adelaide Street West, Suite 2500, Toronto, Ontario, M5H 2M2 Not known D School Tax Support (Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? Yes D No D (b) If Yes, do all individual transferees wish to be Roman Catholic Separate School Supporters? Yes D No 0 (c) Do all individual transferees have French Language Education Rights? Yes 0 No 0 (d) If Yes, do all individual transferees wish to support the French Language School Board (where established) ? Yes 0 No 0 NOTE: As to (e) and Cd) the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed In (a) and (b), 04480 (80-08) ~ Province of Ontario Document General Form" - "'nd Re Istratton Reform Act Do Process Software Ltd. . (416) 322-6111 20441.dlO(catch) Land Titles [X] (2) Page 1 of 1 (1) Registry 0 (3) ~(s) f- a.. w Q u.J ........ c::: 0 LL .::!.: c:) "'t;-.- ....::;:.. :....j ...'~. i- :i: ..,;:( "..,...., 25 u.. Q I- et:' W o 0') N pages Additional: ::edule 0 -. C <:\J (4) Nature of Document POSTPONEMENT OF CHARGE (6) Description Firstly: Part Block 137, Plan 40M-1977 Designaged as Part Ion Plan 40R-19291 Secondly: Part Block 138, Plan 40M-1977 , Designated as Part 2 on Plan 40R-19291 Additiona': Municipality of Clarington, Region of Durham See 0 Schedule Land Titles Divison for Durham (No. 40) at Whitby (5) Consideration ::r- E:: 0- co ::::::. c::::J :;.;=: CJ:) 0) New Property Identifiers executions Addillonal: See 0 Schedule (7) This Document Contains: Dollars $ (a) Redescription I i(b) Schedule for: New Easement I Additional 0 0 Plan/Sketch 0 I Description 0 Parties Other (8) m. Document provides as follows: THE TORONTO-DOMINION BANK, the registered owner of a Char&e made by St. Stephen's Estates Inc. registered on the 9th day of July, 1999 as Instrument No. LT907909 over the lands as described on Box 6 above, hereby postp'ones Charge No. LT907909 to an Easement in favour of The Corporation of tl!e Municipality of Clarington registered on the CO..ul day of }J 0"-. her 1999 as Instrument No. /....Tq~q4~ '1S Stephen Haller (St.Stephen's #20441) Baker, Schneider, Swartz 120 Adelaide Street West Suite 1000 Toronto, Ontario M5H 3Vl (') this Document r.'at.. to instrument nUlllb9r(s) No. LT907909 and No. L -rq.2q4Z~ (10) Party(ies) (Set out Status or Interest) Name(s) DIE J01l.0XLQ:lWMllWllS.BAlSK._._.....-..-....--.....-...... (postponer) ----........--......-....-...--..........................................-............- --.....---.-.-.--.......-.............---...-..----..--...-... I1We have authori to bind the cor oration (11) Addr... for servlc. (12) Party(les) (Set out Status or Interest) Name(s) IHE..WRE.O.RA.IJ9.N.DLT.H.E..MIlNJ.ClP.AU.IL<lf'....... CLARINGTON ~~~l..----....._..--_....-.._............................---.--........... ---.-...-.-...-.-.-..--.---..-.-.-..........-..-...-.-.....-.-..................... (13) Addr... 40 Temerance Street for lervk:. Bowmanville, Ontario Ll C 3A6 (14) Municipal Address of Property (15) Document Prepared by: Not Assigned Continued on Schedule 0 Signature(s) Date of Signature HA . 1 Y I MID / f.C[i.......L.ftf.4 ................... .......~.J.I.&.......... ....l22.9...f'l.O'. .l-l ~~:~: R. G. (Dick) .BEIRNES I I ....-......... r.tanager,'&edil-60I,lpIiInce ...................1'............... ..... ....... r~i........._..............................................................1....1.222.. ...-..t....... Name: i I I Title: I i I Signatura(s) Date of Signature I Y I MID ................................................-..........-.................."T-..-.....-t.............. . I .................................................................................+............... ....J....... I ! I ............................-...................................................~...._.........t......!....... I I I I I Fees and Tax Registration Fee Total ~ pr.,.red UAlng Fotm'L 'W.,. LondF_. ~,) ~~ t- a.. w C> w_ e.:: 0 lL...~ ........ C> C'\J E: CL r:::) ~ ;~.;;.J ...c: i-- :r: .....~ 0:: c, ::::> 4:0 f- a::: New Property ~ co ;-; i I I~-':': ' ::::::> <:::::l ......oil... -- ,.....<~.}~.;l (~+~ItIonaI: See Schedule en 0) execution. Additional: See Schedule (') ~ (a) 'RedelacrIptIon N_ E.-nent 0 ContI1ln. Plan/Sketch (b) Schedule for: Oeecrlptlon 0 Transfer/Deed of Land !lorm 1 - Land Registration Reform Act Do Proceu Software Ltd. . (416) 322-6111 10441.a1(sewer) (1) Registry 0 (3) r;r:rftT~(S) Land Title. IX] (2) Page 1 of Block P~ ;24650' 0 1. 7~ Ll..T') ;l.. 50 - Oo"tSO I, T' :3pages Additional: 0 See SchecIule (4) Consideration ONE--------------------------------------____ Dollars $ 1.00 (I) Description This Is a: Property IVI Property DMslon I.AJ Consolld8tlon 0 Firstly: Part Bleck 13~, PlaIl ..8M Bcsip*d as P.... t 3 <,,,1 'lobi ..8R Secondly: lot 99, Plan 40M- j,q"f':( o Thirdly: fc"dof (ofi, ilAA 401\( GI/~et:;s/Of\ ;) ~fMetlr /3oWlYt411t'1tk Designated as Part Ion Plan 40R-19018 The Municipality of Clarington, Regional Municipality of Durham o Land Titles Division of Durham (No. 40) at Whitby (7) InterestlEstate Tr.n.ferred Additional ~..-Y Parties 0 Other IXl Easement (12) Tr.n.....) AcIdreu 40 Temperance Street forServlce Bowmanville Ontario LIC 3A6 (13) Transferor(.) The tral'llferor verIlIes that to the belt of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act. Date of Signature Date of Signature ~ SIgMture ........__-L~Ll~..J Slgnature..............._._......_._..___..__..l._:...J_:J~_ . SolIcItor for Transferor(l) I have explained the effect of section 50 of the Planning Act to the transferor and I have made Inquiries of the tnlnsferor to determine tMt this transfer daM not oontnIvene tMt section and based on the Information supplied by the transferor, to the best of my knowledge and belief, this transfer i= does not contravene thet 88OtIon. I am an Ontario solicitor In good standing. Date of Slfnature ~ =:~ , Y I'" ,D i Solicitor Slgnature.........................._.._.._._._L-_..L..L_ (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title recorda reveal 'ii' no contravention as set out In subclsuse 50 (22) (c) (II) of the Planning Act and that to the best of my knowledge and belief this tnlnsfer does not ~II - -. .. of... P....... ""-, sol _ of ... ""..... ,..the ba._o) .... I ... on 0...... _ " good _. Ii..) N... Met II = tI D:te of S~t~e Slgnature...............__..._..__....._..._....._.__.l_._-LL.. (11) Aneament Roll Number of Property (18) MunIc"" Add..... of Property Fees and T.x Registration Fee Land Transfer Tax Not Assigned Not Assigned (11) Document Prepared by: Stephen E. Haller (St. Stephens#10441) Baker , Schneider, Swartz 110 Adelaide Street West Suite 1000 Toronto, Ontario M5H 3Vl Tota' Documelll prep.r.d ullng FomI'L 'w.,.. bndFonrr. .,JUL ..8'99 10:44 FR ROBINS APPLEBY TAUB II. II II II II . . . I I I I I I I I I I I t I , J r TO 5555555~93630645 P.03/04 2- Page t. #' ADDITIO~AL COVENANTS The Transferor hereby transfers to the Transferee, its successors and assigns, the free, uninterrupted and unobstructed right and easement to construct, operate and maintain such storm sewer and overland flow route together with any and all appurtenances, facilities and works (the "Works") as may be required from time to time in, across, under and through the lands more particularly described in Box 5 hereof (the "Lands"). TOGETHER with the right of the Transferee, its successors and assigns and its and their servants, agents, contractors and workmen with all necessary materials, equipment, machinery and vehicles to enter upon the Lands (the "Right to Enter") at all times and to pass and repass thereon for the purposes of installing, constructing. reconstructing, examining, altering, repairing, renewing or replacing and maintaining the Works or any pan thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the Lands. TO HA VB AND TO HOLD the said easement or right in the nature of an easement on, in, across, under and through the Lands unto the Transferee, its successors and assigns for its and their sole and only use forever. AND the Transferor: a) covenants that it will not erect any buildings or structure, plant any trees, hedges or shrubs, place or remove any fill on any pan of the Lands or cause or permit any person to interfere in any way directly or indirectly with the Works or in any way derogate from the easement hereby transferred; b) hereby releases the Transferee from any and every claim which mayor might arise out of the exercise by the Transferee of any of the rights hereby granted or which may arise out of the existence, operation, construction, reconstruction examination, repair. renewal, replacement and ma.intenance of the Works; c) covenants with the Transferee that it has the right to convey the said rights and easements to the Transferee, notwithstanding any act of the Transferor; d) covenants with the Transferee that it will execute such funher assurances of the said rights and easements as may be required by the Transferee; e) covenants to transfer to the Transferee, from time to time, such other easements on a temporary basis only as the Transferee may reasonably require to exercise the Right to Enter; and f) releases to the Transferee all claims upon the interest hereby transferred. AND the Transferee shall have quiet possession of the said easement or right in the nature of an easement, free from aU encumbrances and restrictions, save as mentioned herein. 0<\<67S\__ . Refer to all instructions on reverse side. IN THE MATTE-R OF THE CONVEYANCE OF Affidavit of Residence and of Value of the Consideration J Form 1 - Yind Transfer Tax Act 00' PrOceSlf Software Ltd. . (416) 322-6111 Municipality of Clarington BY (print names of all trafl8fer0r8ln full) St. Stephen I s Estates Inc. TO (see IfI8troctlon 1 and print names of all trafl8ferees In full) The Corporation of the Municipality of Clarington I, (see IfI8troctlon 2 and print name(s) In full) John A. Cooney MAKE OATH AND SAY THAT: 1. I am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)): (see IfI8troctlon 2) ~ (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; (b) A trustee named in the above-described conveyance to whom the land is being conveyed; (c) A transferee named in the above-described conveyance; X (d) The authorized agent or solicitor acting in this transaction for (Insert name(s) of princlpal(s)) described in paragraph(s) ~, 00, (c) above; (strike out references to InappHcabIe paragraphs) o (e) The President, Vice-President, Manager, Secretary, Director or Treasurer (Insert name(s) of corporatlon(s)) described in paragraph(s) (a), (b), (c) above; (strike out references to InappHcable paragraphs) o (f) A transferee described in paragraph ( (Insert only one of paragraph (a), (b) or (c) above, as applicable) and am making this affidavit on my own behalf and on behalf of (Insert name of spouse) who is my spouse described in paragraph ( ) (Insert only one of paragraph (a), (b) or (c) above, as applicable) and as such, I have personal knowledge of the facts herein deposed to. 2. (To be completed where the value of the consideration for the conveyance exceeds $400,000). I have read and considered the definition of "single fam ily residence" set out in clause 1 (1 )(ja) of the Act. The land conveyed in the above-described conveyance ~ contains at least one and not more than two single family residences. Note: Clause 2(1)(d) imposes an additional tax at the rate of one-half of one per does not contain a single family residence. cent upon the value of consideration In excess of $400,000 where the conveyance contains more than two single family residences. (S" instruction 3) contains at least one and not more than two single family residences. 3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1)(f) and (9) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation" or a "non-resident person" as set out in the Act. (see instructions 4 and 5) none 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . .. . $ (b) Mortgages (i) Assumed (show principal and Interest to be credited against purchase price) . $ (ii) Given back to vendor . . . . . . . $ (c) Property transferred in exchange (detail below) . . . . . . . . . . . . . . . $ (d) Securities transferred to the value of (detail below) ............ . $ (e) Liens, legacies, annuities and maintenance charges to which transfer is subject . $ (f) Other valuable consideration subject to land transfer tax (detail below) . . . . . $ (g) VALUE OF LAND, BUilDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of (a) to (f)) . . . . . . . . . . . (h) V AlUEOF ALL CHATTELS - items of tangible personal property (Retail Sales Tax Is payable on the value of all chattels unless exempt under the provisions of the kRetall Sales Tax Act., R.S.O. USO, c.454, as amended) . $ (i) Other consideration for transaction not included in (g) or (h) above . $ (j) TOTAL CONSIDERATION. . . . . . . . . . . . . . . . . . $ 5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see Instruction 6) 200 Nil Nil Nil Nil Nil Nil All Slanks MustSe Filled In. Insert .NI/. Where . . . . . $ 2.00$ 2.00 Applicable Nil Nil 2.00 6. Ifthe consideration is nominal, is the land subject to any encumbrance? 7. Other remarks and explanations, if necessary. Transfers of Easement pursuant to a Subdivision A2reement Sworn before me at the City of Toronto in the Province of Ontario-r; I this Z,1+h day of Jl1 r 19'11 /&z ~M \'WRIGHT, a Commissioner etc unfcipality of Metropolita T ,., A Commissioner for taking Affidavits, etc. Robins n ,oronto, for '. FebJUa/y 4, 2000. slgnature(s) Property Information Record A. Describe nature of instrument: Transfer B. 0) Address of property being conveyed (If available) Not Assigned 00 Assessment Roll No. (lfavallable) Not Assigned c. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed (see instruction 7) 40 Temperance Street. Bowmanville. Ontario LIC 3A6 For Land Registry Registration No, Registration Date Land R.glstry OffIce No. D. (i) Registration number for last conveyance of property being conveyed (If available) (ii) Legal description of property conveyed: Same as in D.(i) above. Yes 0 No 0 E. Name(s) and address(es) of each transferee's solicitor John A. Cooney, Robins, Appleby & Taub 130 Adelaide Street West, Suite 2500, Toronto, Ontario, M5H 2M2 Not known 0 School Tax Support (Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? Yes 0 No 0 (b) If Yes, do all individual transferees wish to be Roman Catholic Separate School Supporters? Yes 0 No 0 (c) Do all individual transferees have French Language Education Rights? Yes 0 No 0 (d) If Yes, do all individual transferees wish to support the French Language School Board (where established) ? Yes 0 No 0 NOTE: As to (c) and (d) the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed In (a) and (b). 04490 (90-08) ~~ (1) Registry 0 Land Titles [X] Do Process Software Ltd, . (416) 322-6111 20441.d12(sewer) of 1 pages Document General Form 4 - Land Istratton Reform Act .-; C""> :r- 0) C\,J 0) 1- LL Lt..J Q Lt..J .--... 0:;;0 i.'-.~ ~~. ~ ;.,-1 ~ 'C"'-'I" -- o-E:= __ .:::J lL..Ci I- 0::- w <.:> .-; o C\J E:: a.. (3) =~(s) .;z~:Csb - 0> 79rty (l-'" 6 50 - 00"50 LLT'. (4) Nature of Docwnent POSTPONEMENT OF CHARGE Additional: 0 See Schedule (IS) Consideration Dollars $ en (8) Description Firstly: Lot 99, Plan 40M-1977 Municipality of Clarington, Region of Durham :::::::. ~ :?: O? 0) New Property Iclentlfkn Additional: See Schedule Executions Additional: ~Ie 0 (I) ThIs Document provides as follows: THE TORONTO-DOMINION BANK, the registered owner of a charge made by St. Stephen's Estates Inc. reaistered on the 9th day of July, 1999 as Instrument No. L T907909 over the lands as described on Box 6 above, hereby postpones Charge No. L T907909 to an easement in favour of The Corporation of the Municipality of Clarington registered on the CO~ day of tJo,,~ ,1999 as Instrument No. L T9294 30. Continued on Schedule 0 (t) this Document relates to Instrument number(s) No. LT907909 and No. LT 't.2q4~o (10) Party(ies) (Set out Status or Interest) Name(s) Signature~(s) . D~te of ~iBna:u~ r=.._.L.~.!.I.~..... ....,1?3L;.:..........!....l222..itv...i.~.. Name: . I' Title: . ~. (Dick) 82!RN2S I ! I ..............aAltllger..~~nce....................'t...............r.....,....... I I' . I ~:~e.;....................................................................t...1222..t.....+...... Title: I I I lHE.I.OlWlm>.:lWM.lNl.Oli.BAr.iK....................................... CLARlNGTON !rJ!ltp~!!~)_............._._................................................................... .-....---...........-..-........-.........-..................-........................-............ I1We have authori to bind the cor oration (11) Address for Service (12) Parly(les) (Set out Status or Interest) Name(s) Slgnature(s) Date of Signature -.-..-.-....--.--...-.....--++11:..... .................................................................................1...............1' ........ ....... ................................................................................J..._.......... .......(....... I I I I I I . . lliE COBl.o.&mm.!lE.IlIE..Ml1Nl.Cll.AlclU..ol'.._. CLARlNGTON ~.ilII.CI:l___.__..........____._..._...._..._._....__.-. ..-----.-.-.--..-.--.-.--.-..-...-...--.-.........-.---.--.. (13) Addre.. 40 Temperance Street forServlce Bowmanville, Ontario L1C 3A6 (14) Municipal Address of Property (16) Document Prepared by: Not Assigned Stephen Haller (St.Stephen's #20441) Baker, Schneider, Swartz 120 Adelaide Street West Suite 1000 Toronto, Ontario M5H 3Vl Fees and Tax Registration Fee Total ~ pI'tpaIH UAlnOForIlt~ 'W_ LlItNIForms '+ ,. ~~ w <..) w.......... n:: <:) , ....r ...:..... ............, ...... o C'-J E:: Q. Transfer/Deed of Land DoPr0C888SoftwareLtd. (416)322-6111 'orm 1 - und Reglatratlon Reform Act 20441.a4(Ded) (1) Registry 0 Land Titles 00 1(2) Page 1 of 34 pages Block Property .2.6b51() - O..vs-~-? A N C"") ::r- 0':) N en ..... 0- I III f- --' "--' :E ,"., ~J:: t- _...,.... ...00::( (<...~ 03 u...C co ! ,a;:' 1 I ,j ;~j J~~~ f '.-' 1 I 1- ~ o/tl -_,"~-::[17~ (~~--4 , (3) =~(S) :::ltlonal: JIIOI'I Sohedule JQo I- c::: I..1.J <..) ~ New Properly IdentItIers I~ :=:, c::> -."---- ~ (4) Consideration ONE----------------------_____________ Dollars $ 1.00 (I) Description This Is a: Property IV1 Property 0 ." DI~ IAI Consolld8t1on Block#135~,Jh - r if 1i~~1- LIt, Plan 40M - )97" The Municipality of Clarinaton, Regional Municipality of Durham 0) cn .. :::1tlon81: 0 Land Titles Division of Durham (No. 40) at Whitby Schedule executions (I) This (a) RedftcrlptIon Document New Eaement Contains Plan/Sketch 0 Additional: =.c.UIe 0 (b) Schedule for: Description jg (7) InterestlEstate Transferred Additional Fee Simple Parties 0 Other Iil (I) Transferor(s) The transferor hereby trensfers the land to the trensferedlU~KIlD....~~....1I1I1t..t .... .....--........-.--.......-..-...-.---.-...........................................................---...........-................-..---.--.. ~-: ~-~i~~-.._..~~~~ ST. SIElIlEliS ES.IA'tEs.mc.._._............._................_... le[;.......~... .. ., ._._................_._..... ...1222._ 21 L.. Name: .1', n a rlele IJaayjt authqri(y tQ. biad.dIe CQtI).1U:.IUQD",.................................... Iitle;..... .r~ d.e.nl..............__........._........._ _...._._ ~...M _._ l' "'...._...._.......__......___...._........... ........................................................................_...... ....__... __ ___ (I) Spouse(s) of Transfaror(s) I hereby consent to this trensactlon Name(s) ... .......--.........-.-.-.............-.......--....... Date of Signature :::._...._...--Hf (10) Transferor(s) Add..... 633 Edlely Boulevar~J Unit ##3 for SeMce Concord. Ontario L4.l\. 4H6 f11} T"*'*-fs) "'7lte:- c.o(U)~l"IOtJ oF' THE: ,.8lJNICIr AI.ITY Of ~G.1.oli...._.........._..........................................................................__................_......... ........._ ..__ i---- Date of Birth Y M 0 i... TT'T.,..........._...__...........__._........................................................................___.........___........_ _......... __.~_ .... .... Ir ........1. II ...___.__..._.__......_................................................_....._...................._..__...... ....-. -- -. (12) Transferee(s) Address 40 Temperance Street forService Bowmanville. Ontario L1C 3A6 (is) Transferor(.) The trInllferor verIIIet th8t to the beat of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Pd.. Date of Signature D8te of Signature I. SIg.neture ,..... . .........._.-.l_.~._..L:.J...~.J Signature ....................................__.........__.L.~...I..~J.~ SolIcitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to determine that this transfer does not contravene that section and based on the Information supplied by the transferor, to the best of my knowledge and belief, this trensf.r does not contrevene that MCtion. I am an Ontario solicitor In good standing. Date of Sianeture Name a~ Y M' 0 i =:. SI9nature........_................._....__............_L_..ll (14) Solicitor for Transferee(s) I have Investigated the title to this land and to abutting land where relevant and I am Htl8f1ed that the title records reveal 'il' no contravention .. set out In subclause 50 (22) (c) (II) of the Planning Act and that to the best of my knowledge and belief this transfer does not -<'I -- - !ill ~... ....... - I "" - ~ ... ..Ia'" fa, In. .,,","""(.) .... I om on Oriario _... In good _ I;. "-... II.! AddIeII ct Date of Signature SoIicltor Y M 0 Signature .....................................--.........-__.._.1_.__I._I_ I Cty'1 Mun.1 Map I Sub. I Par. I I i Not Assigned (17) Document Prepared by: Stephen E. Haller (St. Stephens##20441) Baker, Schneider, Swartz 120 Adelaide Street West Suite 1000 Toronto, Ontario M5H 3V1 (11) Aueunent RoIlNwnber of Property (1') Munlclpll Addres. of Property Not Assigned ~ z o Registretion Fee ~ ~ u. u. o a:: l~ Fees and Tax Land TreftSfer Tax Total Documont prepored using Form'L W.... L.ndForms ~ J3 L.oc.l(. j..3 '" j.~9 ;.4:2- ;.43 ),44 ;t4s '7, l.N.: .2b65o - O..2j.~ :2'650 - 0;2)..9 :26650 - 0;;22::2.. .2~o - 0:223 ~6650 - 0:2::24 26bSO- oZ2S all ~ -Plat\.... 4oH. j,qtT ~tuu:~fa1.{~ of Cia.r~-bo~ ~~~(\-aL ~Wt.lcf~li~ 1 :urh~ ~Proces~..software Ltd. . (416) 322-6111 Refer to all instructions on reverse side. IN THE MATTER OF THE CONVEYANCE OF Plan 40M- 1.'177 Affidavit of Residence and of Value of the Consideration ;;{ Form 1 - Land Transfer Tax Act (Insert brief description of/and) Block 135, 136, 139, 142, 143, 144, 145, I ~ Municipality of Clarington BV (prfntnamnofalltransfworslnfull) St. Stephen's Estates Inc. TO (see Instruction 1 and print namn of all transferees In full) The Corporation of the Municipality of Clarington I, (see Instruction 2 and print name(s) In full} John A. Coon~y MAKE OATH AND SAV THAT: 1. I am (place a clear mar#( within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)}: (see Instruction 2) ~ (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; (b) A trustee named In the above-described conveyance to whom the land is being conveyed; (c) A transferee named in the above-describecl conveyance; X (eI) The authorized agent or SOlicitor acting in this transaction for (Insert name(s) of prlnclpal(s)) described in paragraph(s) (k), (k), (c) above; (strike out references to fnappflcable paragraphs) D (e) The President, Vice-President, Manager, Secretary, Director or Treasurer (Insert name(s) of corporatlon(s)) described in paragraph(s) (a), (b), (c) above; (strike out references to fnappllCilbfe paragraphs) D (f) A transferee described in paragraph ( (Insert only one of paragraph (a), (b) or (c) above, as applicable) and am making this affidavit on my own behalf and on behalf of (Ins'" namo of spouse) who is my spouse described in paragraph ( ) (Ins'" only one of paragraph (a), (b) or (c) above, as applicable) and as such, I have personal knowledge of the facts herein deposed to. 2. (To be completed where the value of the consideration for the conveyance exceeds $400,000). I have read and considered the definition of "single family residence" set out in clause 1 (1)(ja) of the Act. The land conveyed in the above-described conveyance ~ contains at least one and not more than two single family residences. Note: Clause 2(1)(d) imposes an additional tax at the rate of one-half of one per does not contain a single family residence. cent upon the value of consideration In excess of $400,000 where the conveyance contains m ore than two single fam ily residences. (see Instruction 3) contains at least one and not more than two single family residences. 3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1)(f) and (g) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance Is a "non-resident corporation" or a "non-resident person" as set out in the Act. (see Instructions 4 and 5) none 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . .. . $ (b) Mortgages (i) Assumed (show principal and Interest to be credited against purchase price) . $ (ii) Given back to vendor . . . . . . . $ (c) Property transferred in exchange (dotall below) . . . . . . . . . . . . . . . $ (d) Securities transferred to the value of (detail below) ............ . $ (e) Liens, legacies, annuities and maintenance charges to which transfer is subject . $ (f) Other valuable consideration subject to land transfer tax (detail below) . . . . . $ (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of (a) to (f)) . . . . . . . . . . . (h) VALUE OF ALL CHATTELS - items of tangible personal property (Retail Sales Tax Is payable on the value of all chanels unless exempt under the provisions of the "Ret./I S.les Tax Act", R.S.O. 1 lBO, c.454, as .mended) . $ (i) Other consideration for transaction not included in (g) or (h) above . $ (j) TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . $ 5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see Instruction') 2.00 Nil Nil Nil Nil Nil Nil All Blanks Must Be Filled In. .$ 2.00$ 2.00 Insert -Nlr Where Applicable Nil Nil 2.00 6. Ifthe consideration is nominal, is the land subject to any encumbrance? 7. Other remarks and explanations, if necessary. conveyance of 0.3 m reserves. Road Widenin2. Walkwav. Park Block and Storm Water Outfall Works pursuant to a Subdivision A2reement Sworn before me at the City of Toronto in the Provin~e of Ontario this zq h. day of ~lA t'1 ~ c::?f 19'1t::t Property Information Record tm.EN KAY WRIGHT, a ~ommissioner. eta.. Robins Appleby & Taub, Banisters and SOUCItDrI. ElqlIr8s February 4, 2000. For Land Registry Office Use Only Registration No. A Commissioner for taking Affidavits, etc. A. Describe nature of instrument: Transfer B. (0 Address of property being conveyed (ffav"''''ble) Not Assigned Oil Assessment Roll No. (ffllv"''''ble) Not Assigned C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed (see Instruct/on 7) 40 Temperance Street. Bowmanville. Ontario L 1 C 3A6 Registration Date Land RlIlllstry Offlco No. D. 0) Registration number for last conveyance of property being conveyed (If aval"'ble) Oil Legal description of property conveyed: Same as in 0.(0 above. Yes 0 No D E. Name(s) and address(es) of each transferee's solicitor John A. Cooney, Robins, Appleby & Tauh 130 Adelaide Street West, Suite 2500, Toronto, Ontario, M5H 2M2 Not known 0 School Tax Support (Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? Ves 0 No 0 (b) If Yes, do all individual transferees wish to be Roman Catholic Separate School Supporters? Ves D No 0 (c) Do all individual transferees have French Language Education Rights? Ves D No D (d) If Yes, do all individual transferees wish to support the French Language School Board (where established) ? Ves D No D NOTE: As to (c) and (d) the land being ttansferred will be assigned to the French Public School Board or Sector unless otherwise directed In (a) and (b), 04490 (90-49) ~~ C"J C"") ::r- en N en I- a.. w (..) W.--... 0::0 u_ .;:: '- 1 i"- ~ g I- -J l- e.::: l..U o New property Identifiers (I) Charge to be Dlsc~ Registration Numbctr 1_~..J ::::::::. c::::> -;;::. -::...- 0) O'J 0- h f Ch 1M rt Do Process Software Ltd. . (416) 322-6111 ISC F~!fteLa.g R Istr.tl!~~! Act 0 gage 20441.d (1) Registry 0 Land Titles lXl (2) Page 1 of , .,:l.pages C\.J <:::) C\.J E: a... 0.:::> (3) r:r~(S) Block Property ~66So- O;2J5{C.r) Additional: r:;:,r See tCt Schedule (4) Description Blod~ -llf~11- n . I~ _ ., 135, pq, l' , Plan 40M-1977 Municipality of Clarinlton, Region of Durham i ._1 JO;;;;'::~ ; ""I ./"! - '.(';1 /, ,,~' ~\l i "', il '-- i Land Titles Division of Durham (No. 40) at Whitby Additional: ~Ie 0 (6) This Is a Date of Registration Y M 0 LJJ.22_1!z.1Q2J Complete Discharge 0 Partial Discharge IX] Final Partial Discharge 0 (7) Description (cont'd.), ~ltals, Assignments I THIS PARTIAL DISCHARGE DOES NOT CONTRAVENE SECTION 50 OF THE PLANNING ACT. Continued on Schedule 0 (8) Chargee(s) I am the petson entitled by law to grant the discharge and this charge Is hereby discharged as to the land described herein. Name(s) Date of Signature Y M D r.f.r.;......../J:;f...f)~....... .. ..:....1!..~L?:........r'....l22.9...fJ.D.L.~ Name: ~. (Dick) BEIRNES r Iitlr.i........MlOfl.9tL.c.tfKlit.QglDJ)Jjance..................t............... .......t.... . I : I ~s:~;.;....................................................................+...1222..t......+... 1'1 . .. " J.t t:.........................................................................L...............l.......i.... Slgnature(s) IHE I.O.BD1iI1>.:lWMJNlOlS.BANK......_................_........... --......-.--..----...,...-....-.-.-....................-.........-....-......-.-.. --....-........-......--.....-...-....-.-...........-..-.---...-.....-......-........-- 1l}Y.r..h.ay.f..JlutJuu:iu.ta.bju.c1the.b.ank._..................................... Additional: I 0 (I) Chargee(s) Address for Service (10) Document Prepared by: Total Fees Stephen Haller (St.Stephen's*20441) Baker, Schneider, Swartz 120 Adelaide Street West Suite 1000 Toronto, Ontario MSH 3Vl Registration Fee 00cuIMnI ptepared UAing Fomt'l. ow- LAIIdF__ ~ , '. ~ L.oGJt. j..3 "- .1-~9 ;42- ;.43 ).44- ;.4s ,?,l.N.: :2bbSO - O..2j~ :2'650 - 0;2).9 :2~65o - 0::22 -;t .;2~o - 0223 ~6650 - 0:2:24 2bbSD- oZ2S all ~ ?lal\.- .4oH - ;.qtT ~lU\.(~r~{~ of Cia.r~to~ ~'5~(\-aL t\ lUU'cf~~3 1 ~h~