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HomeMy WebLinkAbout92-217 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92-l1Z being a By-law to authorize the entering into an agreement with Kiddicorp Investments Limited the owner of Plan of Subdivision 18T-90010 and the corporation of the Town of Newcastle in respect of Plan 18T-90010. 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-91006 and Kiddicorp Investments Limited and the said Corporation in respect of Plan of Subdivision 18T-90010; 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. BY-LAW read a first time this 9th day of November ,1992. BY-LAW read a second time this 9th day of November ,1992. BY-LAW read a third time and finally passed this 9th day of November ,1992. ~#~ t:. . ~ -} . -' . . :..... Ii THIS AGREEMENT made in quintuplicate as of this 11H day of MAt, 199'/-. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - and - KIDDICORP INVESTMENTS LTD. (Owner of 'Firstly' described parcel in Schedule nAn) - and - 290572 ONTARIO LIMITED KIDDICORP INVESTMENTS LTD. RICHARD H. GAY HOLDINGS LTD. BONNYDON LIMITED (Owners of 'Secondly' described parcel in Schedule "A") - and - .' JOSEPH DWORAK LIMITED (The "Mortgagee") - and - CANADIAN IMPERIAL BANK OF COMMERCE (The "Mortgagee") SUB D I V I S ION A G R E E MEN T 'I_'-J. '~ THIS AGREEMENT made in quintuplicate as of this 1.m day of HAR" 199f. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - and - KIDDICORP INVESTMENTS LTD. (Owner of 'Firstly' described parcel in Schedule "A") - and - 290572 ONTARIO LIMITED KIDDICORP INVESTMENTS LTD. RICHARD H. GAY HOLDINGS LTD. BONNYDON LIMITED (Owners of 'Secondly' described parcel in Schedule "A") - and - ./ . JOSEPH DWORAK LIMITED (The "Mortgagee") - and - CANADIAN IMPERIAL BANK OF COMMERCE (The "Mortgagee") SUB D I V I S ION A G R E E MEN T rABJJE OF CQNmNm " ~ I ,.~ t . '1'.~ .... ;.. ;\RTICLE 1.1 1.2 1 . INTERPRETATION AND SCHEDULES . . . . . . . . . . . . . . . . . . . .. 3 Defini tions ...................,......................... 3 Schedules ...........".,...... ill . . . . . .'. . . . . . . ,'. . . . , . . . ,. 9 ARTICLE 2. GENERAL ........................................... 10 2.1 Recitals in Operative Part of Agreement ...................... 10 2.2 Certification of Ownership . . . . . . . . . . . . . . . I . I . . . . . . . . . . . . . .. 10 2.3 Copy of Plan and Agreements Required I.... I . . . . . . . . . . . . . . .. 11 2.4 Transfer of Basements. . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . .. 11 2.5 Transfer of Lands ...... I . . . . . . . . . . . . . . . . . . . . . I . . . . I . . I .. 12 2.6 Registration of Transfers . . . . . . . . . . . I I . . I . . . . . . . . . . . . . . . . . . 12 2.7 Postponement of Mortgage ................ I . . " . . I . . . . . . .. 13 2.8 Lands for School Purposes . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 2.9 Charge on u.nds . . . . . . . . . . . . . . . . . . . . . . , . . , . . , . . . . . . . . . .. 14 2.10 Registration of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 2.11 Renegotiation and Amendment of Agreement .................. 14 2.12 Town to Act Promptly. . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . .. 16 2.13 A4\signment of Agreement ......... . . . . . . . . I . . . I I . . . I . . . . .. 16 2.14 Replacement of Draft Plan with Pinal Plan(s) ... I . . . . . . . . I . . . .. 16 2.15 Notification of Owner ...... I . . .. . . . . . . . . . . . . . . . . . . . . . . . .. 17 2.16 Successors.. 11II . . . . . . . . . . . . , . . . . . . " . " " " . . . . . " . . . . . . . . . . .. 17 2.17 Lot/Block Reference Numbers .. I . . . . . . . . . . . . . . . . . . . . . . . . .. 17 . ARTICLE 3. FINANCIAL ............................ I . . . . . . . . . . . .. 17 3.1 Payment of Taxes .... I I . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . .. 17 3.2 Payment of Local Improvement Charges ...................... 18 3.3 Payment of Drainage Charges ...................... . . . . . . .. 18 3.4 Payment of Development Charges ... . . . . . . . . . . . . . . . . . . . . . . .. 18 3.5 Cash in Lieu of Land Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19 3.6 Performance Guarantee Required I............ , . . . . . . . . . . . .. 19 3.7 Use of Performance Guarantee ............................. 20 3.8 Indemnification of Town I.... I . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20 3.9 Insuran.ce. . . . . . . . . . . . . . . . . . . " . . . . . " . . . . . . . . . . . . . . . . . .. 20 3.10 Maintenance Guarantee Required. . . . . . . . . . . . . . . . . . . . . . . . . .. 20 3.11 Use of Maintenance Guarantee. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21 3.12 Requirements for ReJea.l\e of Performance Guarantee ...... I . . . .. 22 3.13 Requirements for Release uf Maintenance Guarantee ............ 23 3.14 Payment of Town's Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24 3.15 Unpaid Monies .............. . . . . " . . . . . . . . . . . . . . . . . . . . .. 24 . \ J I ~. ..' '1' t.;~ 3.16 ARTI CLE 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.9 4.10 4.11 4.12 ii Occupancy Permit Deposit. . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . .. 24 4 - PlANNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26 Tree Preservation Plan ................................... 26 Landscaping Plan and Landscaping Requirements ............... 27 Use of Lands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28 Lands Unsuitable for Building. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28 Lands Requiring Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29 Requirements for Building Permits .......................... 29 Model Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32 Requirements for Sale of Lands. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33 Requirements for Occupancy Permit .......".................. 34 Cash in lieu of Lands for Park or Other Public Recreational ....... 36 Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36 ARTICLE 5 - PUBLIC WORKS...................................... 41 5.1 Town Works Required ................................... 41 5.2 Utilities and Services Required ............................. 41 5.3 Owner's Engineer ....................................... 42 5.4 Design of Works ........................ . . . . . . . . . . . . . . .. 43 5.5 Engineering Drawings .................................... 43 5.6 Approval of Grading and Drainage Plan ...................... 45 5.7 Staging of Construction ............. " . . . . . . . . . . . . . . . . . . . .. 45 5.8 Approval of Schedule of Works . . . . . . .. . . . . . . . . . . . . . . . . . . . .. 46 5.9 Approval of Works Cost Estimates and Stage Cost Estimates. . . . . .. 46 5.10 Requirements for Authorization to Commence Works ............ 46 5.11 Requirements for Commencement of Subsequent Stages of Works. .. 50 5.12 Inspection and Stop Work .... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 50 5.13 Construction in Accordance with Engineering Drawings. . . . . . . . . .. 50 5.14 Sequence of Construction of Works . . . . . . . . . . . . . . . . . . . . . . . . .. 51 5.15 Completion Time for Construction of Works ................... 51 5.16 Additional Work ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 51 5.17 Incomplete or Faulty '^!.orks and Liens ....................... 51 5.18 Entry for Emergency Repairs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 54 5.19 Damage to Existing Services ............................... 54 5.20 Not Used ............................................. 54 5.21 Use of Works by Town ................................... 54 5.22 Maintenance of Roads after Completion ...................... 55 5.23 Requirements for Certificate of Completion . . . . . . . . . . . . . . . . . . .. 56 .' 1- J.,-t ~~ iii 5.24 Requirements for Certificate of Acceptance . . . . . . . . . . . . . . . . . . .. 56 5.25 Ownership of Works by Town .............................. 57 5.26 Requirements for Certificate of Release .........,.............. 57 5.27 Not Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 58 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 SCHEDULES TO AGREEMENT Schedule "A" Schedule "B" Schedule "C" IlLegal Description of the Lands" "Plan of Subdivision (reduction)" "Charges Against the Lands" "Schedule of Payment of Development Charges" "Transfer of Easements" Schedule "D" Schedule "E" Schedule "F" "Lands to be Transferred to. Town and/or Cash to be Paid in Lieu Thereor' "Works Required" "Utilities and Services Required" "Duties of Owner's Engineer" "Works Cost Estimates" "Insurance Required" "Regulations for Construction" "Use of the Lands" "Land Unsuitable for Building" "Land Requiring Site Plan Approval" "Contribution to Courtice South Drainage Outfa.ll System" "Conservation Authority's Work" "Engineering and Inspection Fees" "Region's Conditions of Approval" Not Used Schedule "G" Schedule "H" Schedule "I" Schedule "]" Schedule "K" Schedule "L" Schedule "M" Schedule "N" Schedule "0" . Schedule "P" Schedule "Q" Schedule "R" Schedule "S" Schedule "T' '< S~bdi~~sion Agreement Page 2 THIS AGREEMENT made in quintuplicate as of this day of , 199 . BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Hereinafter called the "Town" OF THE FIRST PART - and - KIDDICORP INVESTMENTS LTD. (Owner of 'Firstly' described parcel in Schedule "A") Hereinafter called the "Owner" OF THE SECOND PART - and - 290572 ONTARIO LIMITED KIDDICORP INVESTMENTS LTD. RICHARD H. GAY HOLDINGS LTD. BONNYDON LIMITED (Owners of 'Secondly' described parcel in Schedule "A") Hereinafter called the "Owner" OF THE THIRD PART - and - JOSEPH DWORAK LIMITED Hereinafer called the "Mortgagee" OF THE FOURTH 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 Subidivision l8T-900l0 of the lands subject to compliance with certain conditions thereto including the making of the Subdivision Agreements with the Region and the Town, respectively; J 11 ,,, I J. _If .W Subdivision Agreement Page 3 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 Town, respectively, for the making of the aforesaid Subdivision Agreements; 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 "H" and hereinafter called the "Utilities and Services"; G. The Owner represents and warrants that it will enter into Agreements with the Region and the Town 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-90010; H. This Agreement is made pursuant to the provisions of Subsection 51(6) of the Planning Act and is authorized by By-law No. 92-217 passed on November 9, 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) "Authorization to Commence Works" has the meaning assigned to it in paragraph 5.10 of this Agreement. (c) "Building Code Act" means the Building Code Act R.S.O. 1990 c. B. 13, as it may be amended or replaced from time to time. . . . ., . J . .. Subdivision Agreement Page 4 .. (d) "Certificate of Acceptance" ha~ the meaning assigned to it in paragraph 5.24 of this Agreement. (e) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23 of this Agreement. (f) "Certificate of Release" bas the meaning assigned to in it paragraph 5.26 of this Agreement. (g) "Commissioner" means the Commissioner of Planning of the Regional Municipality of Durham. (h) "Connection Fee" has the meaning assigned to it in paragraph 4.12(13) of this Agreement. (i) "Construction Lien Act" means The Construction Lien Act, R.S.O. 1990 c. C.30 as it may be amended or replaced from time to time. (j) "Cost Sharing Report" means the "Cost Sharirig Report" referred to in Schedule "0" of this Agreement. (k) "Co-Tenancy Agreement" has the meaning assigned to it paragraph 4.12(15) of this Agreement. (I) "Council" means the Council of The Corporation of the Town of Newcastle. (m) "Courtice South Drainage Outfall System" has the meaning assigned to it in paragraph 4.12(15) of this Agreement. (n) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this Agreement (0) lIDevelopment Charge" has the same meaning as is assigne,d to the term in the Development Charges Act R.S.D. 1990, c. D.9. (p) "Development Charge By-law" means Town By-law 92 - 105 as it may he 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. . ' . ,Subdivision Agreement Page 5 " ol .1-, <<.. ... (q) "Development Charges Act" means the Development Charges Act, R.S.a. 1990 c. 0.9, a.~ it may he amended or replaced from time to time. (r) "Director" means the Director of Public Works of the Town of Newcac;tle or his designated representative. (s) "Director of Community ~ervices" means the Director of Community Services or his designated representative. (t) "Director of Planning" means the Director of Planning and Development of the Town of Newcastle or his designated representative. (u) "Drainage Act" means the Drainage Act R.S.O. 1990, c. D. 17 as it may be amended or replaced from time to time. (v) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this Agreement (w) "Final Works" has the meaning assigned to it in Schedule "0" of th is Agreement. (x) "First Application" has the meaning assigned to it in Schedule "0" of this Agreement. (y) "First Excess Payment'l has the meaning assigned to it in Schedule liD" of this Agreement. (z) I'/Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this Agreement. (aa) "Second Excess Payment" has the meaning assigned to it in Schedule "D" of this Agreement. (bb) "Third Excess Payment" has the meaning assigned to it in Schedule "DII of this Agreement. (cc) "40M Planll has the meaning assigned to it in paragraph 2.3 ofthis Agreement. J.. 4- T '",~< Sub~division Agreement Page 6 (dd) "Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreement. (ee) "Initial Works" has the meaning assigned to it in Schedule "G" of this Agreement. (ff) "Land Registry Office" has the meaning assigned to it in Schedule "A" of this Agreement. (gg) "Lands" has the meaning assigned to it in Recital A of this Agreement. (hh) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of this Agreement. (ii) "Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(1) of this Agreement. (jj) "Master Drainage Plan" lIas the meaning assigned to it in Schedule "G" of this Agreement. (kk) "Minister" means the Minister of Municipal Affairs, Ontario. (11) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1) of this Agreement. (mm) "Newcastle Co-Tenancy" has the meaning assigned to it in paragraph 4.12(12) of this Agreement. (nn) "Newcastle Co-Tenancy Cost Apportionment Report" has the ,meaning assigned to it in paragraph 4.12(12) of this Agreement. (00) "Noise Impact Study" has the meaning assigned to it in paragraph 4.12(5) of this Agreement. (pp) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1) of this Agreement. (qq) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph 3.16(1) of this Agreement. , . ~ I I I . jl 4, .....'-t Subdivision Agreement Page 7 (rr) "Occupancy Permit Scale" has the meaning assigned to it in paragraph 3.16(2) of this Agreement. (ss) "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. (tt) "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. (uu) "Owner's Engincer" 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 a 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. (w) "Performancc Guarantec" has the meaning assigned to it in paragraph 3.6 of this Agreement. (ww) "Phase 1 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". (xx) "Phase Subseq~ent to Phase 1 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 1 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 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 the Lands to which it applies. , " ; .. j 't''' , . . Subdivision Agreement Page 8 (yy) "Planning Act" means the Planning Act R.s.a. 1990 c. P. 13 as it may be amended or replaced from time to time. (ZZ) "Reapproved Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this Agreement. (aaa) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreement. (bbb) "Region" means The Corporation of the Regional Municipality of Durham. (ccc) "Related Works" has the meaning assigned to it in Schedule "G" of this Agreement. (ddd) "Road System" has the meaning assigned to it in Schedule "G" of this Agreement. (eee) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this Agreement. (fff) "Security for the Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(2) of this Agreement. (ggg) "Solicitor" means the Solicitor for the Town. . (hhh) "Stage Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this -Agreement. (Hi) "Staging Plan" means Ihe staging plan for the Lands approved by the Director of Public Works pursuant to paragraph 5.11 of this Agreement. ajD "Slormwaler Managemenl Syslem" has Ihe meaning assigned to it in Schedule "G" of this Agreement. (kkk) "Storm Sewer System" has the meaning assigned to it in Schedule "G;' of this Agreement. (III) "Street Lighting Syslem" has the meaning assigned 10 it in Schedule "G" of this Agreement. I', L , . . 'Snbdivision Agreement Pa.ge 9 (mmm) '''Temporary Occupancy Permit" h the meaning assigned to it paragraph 4.10(2) of this Agreement (nnn) "'IiIe Drainage Act" me3l1S the Tile . age Act RS.O. 1990, c. T.8 as it may be amended or replaced from time 0 time. (000) "Town" means The Corporation 0 the Municipality of Clarington or any official, designated by Council to a .. ter the terms of this Agreement. (Ppp) norreasnrer" means the Treasurer of the Town or his designated representative. (qqq) "Tree Preservation Plan" has the meaning assigned to it in paragraph 4.1(1) of this Agreement. (m) "Utillties and Sernces" means the utilities and services referred to in Schedule "II" of this Agreement (sss) "Works" has the meaning assigned it in paragraph 5.1 of this Agreement. (ttt) 'Workers' Compensation Act" means tbe Workers' Compensation Act RS.O. 1990, c. W.11 as it may be amende~ or replaced from time to time. . (uuu) "Works Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this Agreement. (2) Whether or not it so provides explicitly, ev ry provision of this Agreement by which the Owner is required to undertake any action shall be deemed to include the ~ords "at the cost of the Owner". (3) Unless the context otherwise requires when used in this Agreement, the singular includes the plural and the masculine incl~des the feminine. 1.2 Scbedules The following Schedules wbicb are attacped hereto, together with all provisions tberei~ are hereby made a part of this Agreement as fully and for all purposes as would be tbe case if they were set out in the text of this ~eement as covenants and agreements: \"oo~ ___ 31.J,SY:>J'~~..J1) N.U.t _lIr~J) nn.n. T~~nT ~~/ft^/'^ ~ i Page 10 Schedule "A" Schedule "B" Schedule "C" Schedule "D" Schedule "E" Schedule "F' "Legal Description of the Lands" "Plan of Subdivision (reduction)" "Charges Against the Lands" "Schedule of Payment of Development Charges" "Transfer of Easements" "Lands to be Transferred to Town 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" "Use of the Lands" Schedule "G" Schedule "H" Schedule "I" Schedule "J" Schedule "K" Schedule "L" Schedule "M" Schedule "N" Schedule "0" "Land Unsuitable for Building" "Land Requiring Site Plan Approval" "Contribution to Courtice South Drainage Outfall System "Conservation Authority's Work" "Engineering and Inspection Fees" "Region's Conditions of Approval" Not Used "Landscaping Plan" (reduction) "Requirements of Other Agencies" "Architectural Control Standards" Schedule "P" Schedule "Q" Schedule "R" Schedule "S" Schedule "T' Schedule "U" Schedule "V" Schedule "W" ARTICLE 2. GENERAL 2.1 Recitals in Operative Part of A~reement The Owner represents and warrants to the Town 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 Town with a letter signed by an Ontario Solicitor and addressed to the Town 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. ,J ,., ~ , '\. .-. . , " Subdivision Agreement Page 11 (2) On the execution of this Agreement, ihe Owner shall provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title of any land outside the limits of the said Lands, which is to be conveyed to the Town or in which easements are to be transferred to the Town pursuant to the terms of this Agreement. 2.3 Copy of Plan and Al:I'eements Required On the execution of this Agreement, the Owner shall provide the Town with as many copies as the Town 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 Town 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 this 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 Town 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 the aforesaid Agreement is executed by the Parties thereto. The Owner shall also furnish to the Town, at the time of execution of this Agreement, one (1) copy of each of the Agreement(s) entered into by the Owner with the Newcastle 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 Town 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 Town the executed transfers of easements which are set out in Schedule "E" and shall pay to the Town 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 the lands to which they apply. Such transfers shall be free and . .. . ?j.J. t ." .... i Subdivision Agreement' Page 12 clear of all encumbrances and restrictions, shall be made for a nominal consideration, shall contain provisions satisfactory to the Town's Solicitor, and shall be in registerable form. (2) If, subsequent to the date of reg~stration of any Plan of Subdivision of the Lands or 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 paiticular 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 Town, the Region of Durham, the Newcastle Hydro-Electric Commission or other appropriate authority or company for Town 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 Town, the Region of Durham, the Newcastle 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 Town, the Region of Durham, the Newcastle 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 execution of this Agreement, the Owner shall deliver to the Town executed transfers, sufficient to vest in the Town 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 Town 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 Town's Solicitor, shall be made for a nominal consideration, and shall be in a registerable form. 2.6 Re2istration 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 ~' ,I I :.' f' Subdivision Agreement Page 13 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 Town to insert such Plan number after registration of the Plan. 2.7 Postponement of Mort2a2e The Mortgagee hereby postpone 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 take possession of the Lands, or (3) the Lands are sold after default occurs under either mortgage, the Lands shall not be used or developed by any person otherwise than in conformity with the provisions of this Agreement. In order to give further assurance to the Town, the Mortgagee at its cost shall execute a separate Postponement Agreement containing terms satisfactory to the Town's Solicitor forthwith after being requested to do so by notice given in writing to the Mortgagee and to deliver the same to the Town. 2.8 Lands for School Purposes (1) On or prior to the execution of this Agreement, the Owner shall deposit with the Town, 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 Town in writing that the School Board has not exercised its option. The Owner hereby grants to the Town 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 Town shall exercise the option hereby granted by giving written notice to the Owner prior to the expiry of sixty (60) days after the Town 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 Town shall be completed within ninety (90) days after the exercise of the Town's option as aforesaid. .' ," ~ ( . t. Subdivision Agreement Page 14 2.9 Char~e on Land~ The Owner hereby charges all its interest in the Lands with the obligations set out in this Agreement. 2.10 Re~istration of A2I'eement 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 Town has reasonable cause to register an Inhibiting Order(s) or Caution(s) as the case may be. 2.11 Rene~otiation and Amendment of A~reement (1) Following the occurrence of any of the events set out below in this paragraph 2.11 (the "Renegotiation Events"), the Town 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 Town 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 aft~r the date as of which this Agreement is made; I' :' . r , . i" . Subdivision Agreement Page 15 (Hi) 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 s~ch Subdivision Agreement between the Owner and the Region, in the opinion of the Town, 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 Town will renegotiate the same in good faith and with expedition. In the event that the ren~gotiation has not 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 Town 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 Town declaring it to be terminated in accordance with paragraph 2.11(1), none of the Parties hereto may make any claim a&ainst the Town for damages for any loss or cost or make any claim against the Town for compensation in respect of any of the Works, whether located in whole or in part on land in which the Town has an interest. Notwithstanding the foregoing, the Owner and the Town expressly agree that the covenants and agreements contained in paragraphs 3.8, 3.14, 5.17, 5.19 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 and 5.21 and Article 7 of this Agreement shall continue to bind the Owner and may be enforced by the Town 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. I ,. t. . ..at r fa " Subdivision Agreement Page 16 2.12 Town to Act Promptly Wherever the Town, the Town's Solicitor, the Town's Treasurer or any Town 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, then such action, decision, confirmation, authorization, permission or approval shall be made promptly in all respects and the Town and its officials shall act reasonably. 2.13 Assi2nment of A2reement The Owner shall not assign this Agreement without prior written consent of the Town. 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. 2.14 Replacement of Draft Plan with Final Plan(s) (1) The Parties hereto acknowledge that at the time of the execution of this Agreement, only a red-lined copy of draft Plan of Subdivision 18T-900lO 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-900lO 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-900lO 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, Schedules "B", "E", "F", "G", "N", "a", "P" and "Q", in order to replace the descriptions and references to the red- lined draft Plan of Subdivision 18T-900lO with descriptions and references to and that are consistent with such registered final Plan of Subdivision. , . )} / t ,... l' .. ~ Subdivision Agreement Page 17 2.15 Notification of Owner If any notice or other document is required to be or may be given by the Town or by any official of the Town to the Owner under this Agreement, such notice shall be mailed by first class prepaid post or delivered'to: The Owner: Kiddicorp Investments limited 1748 Baseline Road Group 10, Box 7, R.R. #2 Bowmanville, Ontario LIC 3K3 . or such other address of which the Owner has notified the Town 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. 2.16 Successors This Agreement shall enure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. 2.17 Lot/Block Reference Numbers Subject to paragraph 2.14 of this Agreement, for the purposes of this Agreement, all references to lot(s), block(s), 0.3 meter reserves, and road widenings reflect the numbering of each as shown on draft Plan 18T-90010, as approved by the Commissioner of Planning on September 15, 1992. 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. , . II j. , .' , t, " Subdivision Agreement Page 18 3.2 Payment of Local Improvement Char2es 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 "C" hereto. Such charges shall include the Town'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 Draina2e Char2es 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 Char2es (1) The Owner shall pay all Development Charges and portions of front-end payments required by the provisions of the Development Charges Act and the Development Charge By-law in respect of the development of the Lands or anyone or more portions thereof. The Owner shall pay the Development Charges in accordance with the Schedule of Payment of Development Charges contained in Schedule "0" hereto. Each payment of Development Charges set out in Schedule "0" shall be adjusted as required by the Development Charge By-Law 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 pursuant to Section 10 of the Development Charge By-law. (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. . . J . ~. . Subdivision Agreement Page 19 3.5 Cash in Lieu of Land Dedication On the execution of this Agreement, the Owner shall pay the Town 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 Town, cash or an irrevocable and unconditional letter of credit issued by a bank listed in Schedules "I" or II" of the Bank Act, acceptable to the Town's Treasurer, and containing terms satisfactory to the Town's Treasurer. The deposit shall be in the amount determined by the Director to be the amount required to secure to the Town 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 for 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 Comm~nce 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 Town'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 Town cash or an unconditional and irrevoca~le 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 Town's Treasurer and continuing terms satisfactory to the Town'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 Town's Treasurer as the whole or part of the Performance Guarantee or an increase thereof required by this Agreem~nt, the Town's Treasurer, acting reasonably, . )) :l /. " 'II )" ,. Subdivision Agreement Page 20 may at any time draw on such letter of credit and deposit the cash proceeds thereof in an account to the credit of Town for disbursement in accordance with this Agreement. 3.7 Use of Performance Guarantee From time to time the Town 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 Town (1) The Owner shall defend, indemnify and save the Town 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, and/or installation of the Works provided for in this Agreement. (2) For greater certainty, the making of this Agreement is not intended to and shall not have the effect of requiring the Town 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 ilK" of this Agreement. 3.10 Maintenance Guarantee Required (1) From the 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 Town 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 <t , ~ l / l ....- .,t~ f ':11 Subdivision Agreement Page 21 Agreement at the Owner's cost (the "Maintenance Guarantee"). 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 of the 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); (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 Town 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 Town 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 Town makes any such appropriation, the Director shall give the Owner written notice thereof. Forthwith, \ I :" .a. ) . l . Subdivision Agreement Page 22 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 Reauirements for Release of Performance Guarante~ (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 Town'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 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 Town, 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 con~racts pertaining to the Works and the provisions of the Construction Lien Act. (2) The Owner will not require the Town 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 Town. (b) The Owner has deposited or has left on deposit with the Town the Maintenance Guarantee applying to the Works for which the Performance Guarantee initially was required to be deposited with the Town. (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 Town, there are no outstanding claims relating to such Works. ~ , . ~ 1 I' ( ,. ,.~ f ja t Subdivision Agreement Page 23 (d) The Town is satisfied that there are no outstanding claims relating to the Works which the Town is required or may be permitted to pay either under the provisions of the Construction Lien Act or otherwise. (e) The Town is satisfied that the Owner is not in breach of any of its covenants contained in this Agreement. 3.13 Requirements for Release of Maintenance Guarantee The Owner agrees that the Town shall not be required to release to the Owner the Security for the Maintenance Guarantee until each of the following conditions are satisfied: (a) A Certificate of Acceptance has been issued for the Works for which such Maintenance Guarantee is required under this Agreement. (b) The Town is satisfied that there are no outstanding claims relating to such Works which the Town is required or may be permitted to pay either under the provisions of the Construction Lien Act or otherwise. ( c) The Town 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 Town 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) The Director has received 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. . ,I I. I .' ,'.' ,,"' Subdivision Agreement Page 24 3.14 Payment of Town's Costs (1) The Owner shall reimburse the Town 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 Town. (2) The Owner shaH pay to the Town Engineering and Inspection fees in accordance with the provisions of Schedule "R". (3) After giving reasonable notice to the Town, the Owner may inspect, during regular business hours, such accounts, invoices, time records and other documents and calculations of charges for which the Town is requiring reimbursement 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 Town 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 Town 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 shall deposit with the Town an irrevocable and unconditional letter of credit issued by a bank listed in Schedules "I" or "II" of the Bank Act acceptable to the Town's Treasurer, in the amount of forty thousand ($40,000.00) dollars the "Occupancy Permit Deposit") to secure the performance of the Owner's covenant to the Town 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 within Phase I of the Development of the Lands pursuant to paragraph 4.10. The letter of credit shall contain terms satisfactory to the Town's Treasurer. In the event that occupancy of , II .'( :.. 1 .; ~ Subdivision Agreement Page 25 dwelling(s) occurs before the date of issuance of an Occupancy Permit ~ontrary to the provisions of paragraph 4.10, the Town may draw upon and appropriate from the Occupancy Permit Deposit the amount necessary to permit the Town to comply with the requirements of paragraph 4.10 on the Owner's behalf and at the Owner's cost. In the event that the Town so appropriates the whole or any part of the Occupancy Permit Depositt forthwith after it is given written notice of the amount of the appropriation, the Owner shall restore the Occupancy Permit Deposit to the full amount of forty thousand ($40,000.00) dollars. The Occupancy Permit Deposit or the unused portion thereof shall be returned to the Owner at such time as the last dwelling which may be constructed on the Lands is permitted to be occupied pursuant to an Occupancy Permit. If a letter of credit is deposited as the Occupancy Permit Deposit, the Town agrees to permit the Owner or a purchaser of a lot(s) or block(s) on the 40M Plan contained in Schedule "B" to replace the letter of credit from time to time, provided that at all times the Occupancy Permit Deposit is maintained as is required by this paragraph 3.16(1). Following any such permitted replacement of a letter of credit, the Town will return the replaced letter of credit to the Owner or to the person for whom it was issued, as may be appropriate. (2) The Occupancy Permit Deposit requirement referred to in paragraph 3.16(1) is based' on the following "Occupancy Permit Scale" of the Town which is current on the date of execution of this Agreement: up to 50 lots 51 to 100 lots 101 to 250 lots 251 to 500 lots over 500 lots $20,000.00 $30,000.00 $40,000.00 $60,000.00 $100,000.00 The Owner agrees with the Town that the Town in its discretion may amend its Occupancy Permit Scale from time to time. The Owner shall increase the amount of the Occupancy Permit Deposit in accordance with the'Town'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 hot 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. . ! I. ." t. .. I.. i I" Subdivision Agreement Page 26 (3) Prior to the issuance of a building permit for the first dwelling proposed to be constructed in each Phase Subsequent to Phase I of the Development of the Lands, the Owner will deposit with 'the Town an Occupancy Permit Deposit in the amount produced by applying the Town'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 3.16(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 Community Services, 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 existing at the date of this Agreement. No existing tree shall be removed until the Tree Preservation Plan has been approved by the Director of Community Services, 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 Planning in his discretion. " , . \' II . . J . I..~, . Subdivision. Agreement Page 27 4.2 Landscal>in~ Plan and Landscapin~ Requirements (1) Prior to the issuance of any Authorization to Commence Works, the Owner shall obtain the written approval of the Director of Planning and the Director of Public Works of the "Landscaping Plan' (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 pr~pare a draft landscaping plan 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 Town'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 settledto 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 the purposes of this Agreement. (4) 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 Town'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 a minimum of three point five (3.5) m in height and six (6) cm in calliper, staked and bagged; (d) screen planting and fencing shall be provided between residential uses and other uses in accordance with the Town's landscaping design criteria and the relevant Landscaping Plan; " I. . I- . t .~ -J . . " Subdivision Agreement Page 28 (e) fencing other than noise fence which is required by paragraph 4.12 shall have a minimum height of one point eigh~ (1.8) metres. Chain-link fencing is not permitted except in areas abutting walkways, schools and parks and then only in accordance with the Town's landscaping design criteria and the relevant Landscaping Plan; and (f) 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. (5) The Owner agrees, at its expense, toprovide and install trees, vegetation and fencing and to satisfy the other requirements of the Landscaping Plan 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 Town at the Owner's cost. Without limiting the Town's rights under any other provision of this Agreement, the Owner acknowledges and agrees with the Town that the Town may appropriate a portion of the Performance Guarantee to indemnify the Town 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 that such purpose is permitted by the Town's By-law 84-63, as amended from time to time. 4.4 Lands Unsuitable for Buildin2 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. .. f " '" o . ~ , \ f j. \ Subdivision Agreement Page 29 4.5 ' Lands Requirin~ 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 Town respecting the development of such lot(s) or block(s) under Section 41 of the Planning Act, provided 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 Buildin~ Permits The execution of this Agreement by the Town, the approval by the Town of the 40M Plan, for Phase I of the Development of the Lands or for any Phase Subsequent to Phase I of the Development of the Lands and the issuance of any Certificate of Acceptance of Works, do not constitute a representation or covenant by the Town 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 Town, the Region of Durham or the Newcastle 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 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; I . .. . ,. . , . . " Subdivision Agreement Page 30 (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 Newcastle Hydro-Electric Commission and/or the authority or company having jurisdiction over such Utilities and SeIYices. Alternatively, the Town 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 or 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); (f) the Development Charges required to be paid by the Owner to the Town 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 Town 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; (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; U) the Performance Guarantee and the Security for the Maintenance Guarantee provided for in this Agreement have been deposited with the Town and are in good standing and all sums of money required to the Town by the Owner pursuant to this Agreement have been paid; . .. . '. ,,'Ii I tL, ,. Subdivision Agreement Page 31 (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) propos'ed 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 Town's Design Criteria and Standard Detail Drawings; (I) 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 Town 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; (iii) the Owner has agreed with the Town to comply with the Ontario Fire Code with respect to Combustible Waste and Open Burning; and (iv) the Owner has agreed with the Town 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 Phase I of the Development of the Lands or a Phase Subsequent to Phase I of the ., q' I .... Subdivision Agreement Page 32 Development of the Lands in which the lot(s) or block(s) in question is located, satisfy the Architectural Control Standards contained in Schedule "Wit hereto; and (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 an By-laws of the Town, the Ontario Building Code Act and the Ontario Building Code; (b) an building permit fees, Occupancy Permit Deposits and the Development Levies provided for in this Agreement have been paid to or deposited with the Town 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), 4.6(n), 4.12(5) and 4.12(10) 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 home(s) in question. In each case, such access shall be to the satisfaction of the Director and the Town'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 provision~ 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 Town may have under this Agreement, a statute, a regulation, or a by-law, the provisions of I '\' ,. . _'\ I (Ill I .' Subdivision Agreement Page 33 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 Town 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 serviced and operational for fire protection purposes to the satisfaction of the Town'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 Town harmless and indemnify the Town from and against 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; (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 Town by which such purchaser agrees with the Town, that prior to the issuance of a building permit for a building on the land in question, he will deliver to the Town, the Newcastle 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 Town, Region of Durham and Utilities and'Services or drainage purposes, as determined by the Director, forthwith after written request by the Director therefor is given to the Owner; ~ I ,I III ':..- . ( 'L ~ Subdivision Agreement Page 34 (c) the Owner has obtained from such prospective purchaser of a 10t(s) or b10ck(s), a licence to permit the Owner and/or T~wn, to enter on the 10t(s) or b10ck(s) in question in order to perform the Owner's obligations under this Agreement and to permit the Town 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 credits required by this Agreement have been deposited with the Town and all letters of credit deposited with the Town are in good standing; and (e) the Ovmer has included in the Agreement to purchase the Lands or the lot(s) or block(s) on the Plan which is entered 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 without limiting the generality of the foregoing, are subject to the provisions of Article 7 and 4.12(6) in respect of the obligations of subsequent owners. 4.10 Requirements 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 Town (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: (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, aJl 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; I \ l I" \0 ,~ / t'-' " " Subdivision Agreement Page 35 (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 Newcastle 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 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) 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, shall confirm in writing to the Director of Planning that the proposed dwelling(s) has been constructed in acc9rdance with the approved "Noise Impact Study" (as hereafter defined) referred to in paragraphs 4.12(5) and 4.12(8) of this Agreement. (3) Notwithstanding th~ provisions of paragraph 4.10(1)(e), the Owner may be issued a permit (the "Temporary Occupancy Permit") by the Director of Planning to permit 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 4.1O( 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 dwelJing in question. Until such written confirmation is provided to the aforesaid Director, the Town may retain the " .. >> Su bdivision Agreement Page 36 Occupancy Permit Deposit provided for by paragraph 3.16 of this Agreement. If the Owner does not comply with the approved Grading and Drainage Plan within ten (10) dayst excluding Saturday and Sunday, after being required to do so by written notice given to the Owner .by the Director, the Town may appropriate the whole or any part of the Occupancy Permit Deposit in order to reimburse the Town or pay any person for the reasonable cost of complying with 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 confirmation which is required by paragraph 4.10(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 Without derogating from the other provisions of this Agreement, on the execution of this Agreement, the Owner shall pay to the Town in cash the amount of money in lieu of the transfer of land to the Town for parks and other public recreational purposes which is set out in Schedule "F". 4.12 Special Conditions (1) Blocks 147, 148, 149, 150, 151t 152, 153, 154t 155t 156, 157, 158, 161t 162 and 163 shown on the draft Plan of Subdivision 18T-90010 shall not be developed except in conjunction with the development of the lands which abut the Block in question. The aforesaid Blocks shall be maintained by the Owner in a graded, sodded or seeded and clean condition until developed. (2) The Owner shall imple'ment those noise control measures as recommended in the Environmental Noise Impact Statement as described in Abatement Measures referred to in paragraph 4.12(5). (3) During construction on the Lands the Owner shall maintain fire access routes to the satisfaction of the Town's Fire Chief. ( 4) In cases in which 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 I" 1 ~I, · SubOivision Agreement Page 37 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. (5) The Owner shall implement the specific noise recommendations contained in the approved Environmental Noise Impact Statement for Plan of Subdivision 18T-9001O dated August 25, 1992 as prepared by Aercoustics Engineering Limited (the "Noise Impact Study") including those specific items noted below: SUMMARY OF RECOMMENDED ABATEMENT MEASURES Number I&t Abatement Measures Location 18T# Phase 1# 1. 1 to 5 3 to 7 - requires forced air ventilation 6 to 10 with "rough-in" provisions for 61 to 70 central air conditioning 135 to 138 Blk 139 Blk 55 Blk 140 Blk 54 Blk 141 Blk 53 - Warning Clause "A" Blk 142 . Blk 143 Blk 144 2. 5 7 - Requires 2.2 metre "L-shaped" 6L patio barrier or equivalent 138R based on house layout approved by the Director of Planning for each particular lot 3. 3 6 - Requires a 1.6 metre 7L ilL-shaped" patio barrier 137R 4. 65 - Requires a 1.9 metre 66 "L-shaped" patio barrier or 6R equivalent based on house 138L layout approved by the 4 Director of Planning for each particular lot " ,. . jo # . Subdivision Agreement Page 38 5.. 64 67 - Requires a 1.5 metre ilL-shaped" patio barrier The above noted barriers shall be continuous with no holes or gaps and shall meet or exceed a surface density of 4 Ibs./sq.ft. (6) The following Warning Clause "A" regarding outdoor noise levels shall be attached to all Offers of Purchase and Sale of dwellings for the fo)Jowing lots on the 18T- 90010 Plan: . Lots 1 to 5, 6 to 10, 61 to 70, 135 to 138 and Blocks 139 to 144 inclusive: "Purchasers and/or tenants are advised that despite the inclusion of noise control features in this development area and within the dwelling unit, the noise levels from increasing traffic On Trulls Road may be of concern. This dwelling unit has therefore been equipped with a forced air heating system and the ducting, etc. sized and 'roughed-in' to accommodate a central air conditioning unit. (Note: Should the occupant decide to install central air conditioning in order to realize a 'quiet', 'comfortable' indoor environment with windows closed, the air cooled conden,ser unit must be located in a noise insensitive area)." (7) The Owner shall comply with the provisions o'f Schedule "Q'" and Schedule "V" hereto. (8) The Owner shall implement the recommendations contained in the Noise Impact Study. Without limiting the foregoing, the Owner shall: (a) construct one" point five (1.5) metre to two point two (2.2) metre high acoustical noise barrier fencing on the relevant lots and blocks referred to in the Noise Impact Study; (b) P I ace on ti lie appropriate warning cia uses fo r each of the lot( s) or block( s) in question in accordance with paragraphs 4.12(6); and (c) in addition to requirements of Schedule "W" the Owner shall by implementing the construction techniques described in the Noise Impact Study, construct I. ... . .: i ;~' Subdivision Agreement Page 39 each dwelling in accordance with that Study. The construction techniques shall include the following: Win'dow Glazine and Door ConstructiQn l&1Il 18T# Phase 1# A.T.R. Glazine Requirement (Pane-Gap-Pane) mm Door Construction 4 6 Bedroom 27 "TOP-OBC" D2 Living Room 28 3-6-3 D2 Bedroom 31 3-6.;3 03 Living Room 32 4-20-4 03 5 7 6L 65 66 138R 6R 138L 7L 64 67 137R Blk 142 Blk 143 Blk 144 7R 137L Bedroom 30 Living Room 29 2-13-2 3-13-3 "TOP-OBC' 2-13-2 D2 D2 Bedroom 27 Living Room 27 D2 D2 Bedroom 25 Living Room 23 "TDP-OBC' "TDP-OBC" Dl Dl D3 - Denotes 35 mm solid slab door D2 - Denotes 45 mm glass-fibre reinforced plastic door with foam or glass-fibre insulated core (up to 20% glazed) D1 - Denotes 45mm hollow core wood door (up to 20% of area glazed Any standard thermal double pa~e meeting OBC will suffice for the remainder of the development as well as the locations indicated "TOP-OBC". (9) 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 Town. Paragraphs 2.5 and 2.6 of the Agreement apply in respect of such .. I r' .. . Subdivision Agreement Page 40 transfers with all changes necessary being considered to have been made to them to give effect to this paragraph 4.12(9). (10) Prior to the issuance of abuilding permit for a dwelIing proposed to be constructed on any of the lots referred to in paragraphs 4.12(5) and 4.12(8) 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. (11) Prior to the Owner requiring, causing or suffering any person to require the issuance of building permits for more than fifty (50%) percent of the total number of dwelIings. units permitted to be constructed on draft Plan of Subdivision 18T-9001O, (a) Block 165 on draft Plan of Subdivision 18T-90010 and Parts 1 and 2 on plan of survey of record 40R deposited in the Land Registry Office have been transferred to the Town in fee simple absolute, free and clear of encumbrances and restrictions, and (b) Block 165 on the draft Plan of Subdivision 18T-9001O and Parts 1 and 2 on Reference Plan 40R _ have frontage of at least thirty (30) metres in length on a constructed and serviced public street in respect of which the Director has issued a Certificate of Completion. (12) The Owner acknowledges that (1) Claret Investments Limited and Rexgate Holdings Limited, (the "Newcastle, Co-Tenancy") have constructed and installed at their expense certain stormwork drainage works pursuant to an agreement (the "Co- Tenancy Agreement") with the Town dated January 24, 1983 which works are described therein as the "External Services" and the "Oversized Services", (2) a notice of the Co-Tenancy Agreement was deposited in the Land Registry Office as Instrument No. 1386, (3) the Owner and the Town intend that the Storm Sewer System to be located on Phase 1 of the Development of the Lands will be connected to the aforesaid works via a connection which the Town will permit to be installed on Trulls Road, (4) a fair and reasonable fee to permit such connection is two hundred and fifty thousand, eight hundred dollars and three cents ($250,800.03) plus thirty-nine dollars and ninety-three cents ($39.93) for each day from April 30, 1993 to the day as of which this Agreement is made (the "Connection Fee"), (5) the Connection Fee is the amount which is equal to the Owner's share of the cost of the "Courtice South Drainage Outfall System" (as hereafter defined) which is referable to Phase 1 of the Development of the Lands and the cost of the stormwater management report on the inlet con.trols within the watershed undertaken for , . 1.0 , ;. , Subdivision Agreement Page 41 Sandbury Building Corporation by G.M. Sernas & Associates Ltd. dated July 8, 1987 as amended, finally approved by and on file with the Director and (6) the Connection Fee in respect of the Storm Sewer System located on Phase 1 of the Development of the Lands is determined in accordance with the Newcastle Co-Tenancy Cost Apportionment Report prepared by G.M. Sernas & Associates Ltd. dated October 1991, as updated from time to time and on deposit with and approved by the Director. On the execution of tllis Agreement, the Owner shall pay to the Town the amount of the connection fee to permit the connection via Trolls Road of the Storm Sewer System to be located on Phase 1 of the Development of the Lands to the Courtice South Drainage Outfall System. Prior to the approval of each Phase Subsequent to Phase 1 of the Development of the Lands the Owner shall pay to the Town as- a connection fee to permit the connection via land then owned by the Town of the portion of the Storm Sewer System to be located on the part of the Lands located on tbe Phase in question to the Courtice South Drainage Outfall System. The Owner's share of the cost of the Courtice SOUtll Drainage Outfall System and the aforesaid stormwater management report which is referable to the Phase in question for which the aforesaid permission of the Town is sought shall be determined by the Director to be the amount which is reasonably attributable to such Phase in accordance with the Newcastle Co-Tenancy Cost Apportionment Report. ARTICLE 5 - PUBLIC WORKS 5.1 Town Works Required The Owner at the Owner's exp'ense shall construct and install the facilities, services, works, improvements and landscaping more particularly described in Schedule "G" hereto (collectively in this Agreement are called the "Works"). From the date of issuance of the Authorization to Commence Works until the date of issuance of a Certificate of Acceptance of them the Owner shall be fully responsible for the construction and maintenance of the Works including the cos! .thereof in accordance with the provisions of this Agreement. After the issuance of a Certificate of Acceptance, the Works referred to in such Certificate , shall be the responsibility of the Town. 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 "H" in the area in which the said Lands are located which provides for tile matters referred to in Schedule "H". It.' ~ ~ J. .; Subdivision Agreement Page 42 5.3 Owner's Eneineer (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. AIl 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 b:r 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 at 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) 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 abando'ned 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 f1 4 .. ~ Subdivision Agreement Page 43 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 Desien of Works (1) The Owner covenants and agrees that the design of all the Works shall conform with all applicable legislation and the Town'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 Town 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 to 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 Town's Solicitor. At the time of delivery of each transfer of land to the Town, the Owner shall pay to the Town 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 the lands to which it applies. 5.5 Eneineerine Drawines (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 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 I.' , .. Subdivision Agreement Page 44 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 Town without cost to the Town 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 Town with the Owner's Engineer's (1) written acknowledgement that the Engineering Drawings and reports referred to in paragraph 5.5(1) may be used and/or reproduced by the Town without cost or prior approval or permission, (2) written permission for the Town'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 shan obtain from the prospective Owner's Engineer the aforesaid written acknowledgement and permission. Forthwith after the Director gives the Owner's 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) shan be provided to the Director without cost to the Town. " ,'. It' I ",' Subdivision Agreement Page 45 5.6 Annroval of Gradin~ and Drainaee 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 lands 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 Staeint! or 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 shalJ not proceed with the construction and instaIJation 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 instalJ 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 pran contained in Schedule "G-l" attached hereto 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. ~ :-:~ ,',~ ,r:~ '1 '';i 4 J.(' ,,. Subdivision Agreement 'Page 46 5.8 Approval of Schedule of Work~ Prior to the issuance of any Authorization to Commence Work, the Owner shall obtain tbe 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 installed by it in accordance with this Agreement. Notwithstanding the foregoing provisions of this paragraph 5.8, in cases in which the construction 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 A 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 Town 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 that 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 an,d the Town by the Director in Schedule "]". 5.10 Re uirements Ii r Authorizati n. (I) The Owner shall not commence"the construction or installation of any of the Works without the written permission of the Town, (the "Authorization to Commence Works"). The Owner shall only commence the construction and installation of those Works permitted by the Authorization to Commence Works. In addition to satisfying all the other require,ments of this Agreement in respect thereof, an Authorization to Commence Works shall not be issued for any of the Works for which the Authorization is sought until the fOllowing conditions have been satisfied: , . .) ~ ,., - .: Subdivision Agreement Page 47 (a) the final Plan of Subdivision of the Lands has been approved by the Region pursuant to 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 Town (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 Town any monies required by paragraphs 3.1, 3.2, 3.3 and 3.4 of this Agreement; (e) the Owner has delivered the transfers of easements to the Town in accordance with paragraph 2.4 of this Agreement; (t) the Owner has delivered to the Town transfers of ,the lands and paid the required cash in accordance with paragraphs 2.5 and 2.6 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 Town 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 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; I( . 1 ". . , Subdivision Agreement Page 48 CD 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; (I) 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 and 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 requir~d 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 Town the Performance Guarantee required by paragraph 3.6 and other provisions of this Agreement and has made aU cash payments to and deposited all letters of credit with the Town as required by this Agreement; (q) the Owner has deposited with the Town's Treasurer all policies of insurance or proof thereof required by and in accordance with paragraph 3.9 and Schedule "K" of this Agreement; 0- (r) the Owner has paid all costs required to be paid to the Town by paragraph 3.14 of this Agreement on or prior to the date of issuance of the Authorization to Commence Works; (s) the Owner has deposited with the Director written approval of all relevant approving agencies including the Ministry of the EnVironment, the Ministry , , /, .. ,. . . f · Subdi\'ision Agreement Page 49 of Natural Resour~es, 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; (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; and (v) the Owner has paid to the Town the Connection Fee in respect of Phase 1 of the Development of the Lands, and the Owner has paid to the Town the connection fee(s) for Phases Subsequent to Phase 1 of the Development of the Lands if payable in accordance with paragraph 4.12(12) of this Agreement when Authorization to Commence Work for the Phase(s) in question is sought by the Owner. (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 5.1O(1)(b), provided tllat the requirements of clauses 5.1O(1)(d), (g), (h), (i), (j), (k), (I), (m), (n), (0), (p), (q), (1'), (s), (t), (u) and (v) have been satisfied by the Owner and the lands and easements considered by the Director to be necessary to accommodate the W~rks and all components tbereof have been transferred to the Town. In such a case, however, a Certificate of Completion of the Works, shall not be issued by dIe Director until a Plan of Subdivision of the Lands lIas 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 tbe Director under this paragraph 5.10(2), the Owner agrees with the Town that the constmction or installation of any of the Works pursuant to paragraph 5.10(1), irundertaken, shall be undertaken at the sole risk of the Owner and the Owner hereby waives any right that he might have to , , .. tl 11II ..' Subdivision Agreement Page 50 compensation by or damages from the Town that he might otherwise have as a result of its construction and installation of any of the Works. S,ll Reouirements for Commencement of Subsequent Staees of Work~ If the Director has approved a Staging Plan for the Lands, the Owner shaH require an Authorization to Commence Works for each stage defined in the Staging Plan. 5.12 Insnection and Ston Work The Owner shall ensure that every contract that may be made by the Owner with any contractor to construct or install any of the, Works sha)) provide that employees or representatives of the Town may, at any time, inspect the work of such contractor and sha)) require the contractor to comply with stop work orders given by the Director pursuant to this paragraph 5.]2. 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 (]) the Works are not being undertaken such that a completed construction and installation of all the Works satisfactory to the Town 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.]2 by requiring the Owner's contractor and sub-contractors who are constructing and iustalling 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 of 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 onstruction in Accordance with En (I) 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". " : ' H 10 Subdivision Agreement PageS! (2) The Owner shall keep the Town road surfaces and ditches clean of dirt, mud and refuse until a Certificate of Acceptance of all Works contemplated by this Agreement has been issued as provided in his Ag~eement. If the Owner has not performed its obligations under this paragraph 5.13(2), the Town may do so and deduct the reasonable cost thereof from the Performance Guarantee. The Owner shaH restore the Performance Guarantee to the amount otherwise required 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 Work~ FoJJowing the issuance of an Authorization, to Commence Works, the Owner shaJJ 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 Comoletion 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 o(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 the 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 a~d 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 Incomplete 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 stich completion in the Schedule . , .. , ... Subdivision Agreement Page 52 of Wor-ks, 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 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, then in any such case after first receiving authorization to do so by the Town Council, 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 Town, 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 oCthe 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 Town its contractors, suppliers and employees at the cost of the Owner without prior notice to the Owner, provided that forthwith after the Town so acts, the Director shall give 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 Town undertakes under this paragraph 5.17(1) shall be determined by the Director in his absolute discretion. It is understood and agreed by the Parlies that the costs for which the Owner is responsible under this paragraph 5.17(1) shall include a management fee payable to the Town ,either of thirty (30%) percent of the contractor's charges to the Town (including any charges for overhead and profit) or, if such work is undertaken by the Town, thirty (30%) percent of all costs incurred by the Town 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 Town an amount equal to the cost of all Works and components thereof, and the cost of correcting or remedying .' ..' Subdivision Agreement Page 53 aH deficiencies and defects referred to in this paragraph 5.17(1) which have been incurred by the Town or are estimated in the Director's absolute discretion to be likely to be incurred by the Town 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 known the Director shaH give the Owner written notice thereof. If the actual costs are less than the estimated costs, the Owner shaH forthwith pay the Town an amount equal to the difference between them. If the actual costs are Jess than the estimated costs, the Town shaH 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 Town or is filed with the Town, or (2) the Town receives written notice of a claim is a beneficiary of the statutory trust under the Construction Uen 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 the 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 Town in its absolute discretion either may pay the full amount of the claim and costs into a Court of competent juriSdiction, or may discharge the claim by paying the same. The TOwn may draw on and appropriate the whole or any portiones) 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 Town against the costs and expense incurred hy the Town in making a 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 Town 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. , . .. . . ... . . Subdivision Agreement Page 54 5.18 Entry for Emereency Repairs In addition to the Town's other rights under this Agreement, the Owner acknowledges and agrees that at any time and from time to time, employees or representatives of the Town who are authorized by the Director, or contractors retained by the Town may enter on the said Lands for the purpose of making emergency repairs to any of the Works or components thereof, or repairs considered by the Director to be necessary for the safety of persons or the security or integrity of any of the Works. Such entry and repairs shall not be deemed to be an acceptance of any of the Works by the Town, nor an 'assumption by the Town of any responsibility or liability in connection therewith, or a r~lease by the T9wn of the Owner from any of its obligations under this Agreement. 5.19 Damaee to Existine 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 Town, the cost of repairing any damage to any property or services of the Town, the Region, or any utility authority or comp~ny 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 Town, 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 Not Used 5.21 Use of Works by Town The Owner acknowledges and agrees that any of the Works may be used by the Town and such other person(s) who is (are) authorized by the Town 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 Town and Subdivision Agreement Page 55 other person(s) authorized by the Town may enter upon the portiones) of the Lands on which the Works are located. 5.22 Maintenance of Roads aller Comnletion (1) In addition to any other rcquircmcnt of this Agreement thatthc Owner maintain the Works, if any building(s) on the Lands 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 Certificatc of Acceptance has been issued for such road(s), and withollllimiting thc 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 vchicular traffic, to the approval of the Director; (b) during the course of construction and installation of the Works, Utilities and Services pursuant to this Agreemcnt, provide and maintain safe and adequate acccss to all occupicd buildings; and (c) erect a sign 10 thc satisfaction of the Director to indicate that the road(s) are "unassumed road(s)" which the Town is not required by law to repair and maintain. (2) The TOwn agrees to snowplough and sand all paved road(s) shown on the registered Plan of Subdivision of the Lands, for and on behal[ of the Owner until the Certificate of Complction of thc Final \Vorks has been issued, provided that until the date of issuance of thc a[oresaid Certificate of Completion, the Owner shall pay to the Town onc hundred (100%) percent o[ the costs of sllOwplollghing and sanding such road(s), as determined by the ~i.rector, from time to timc, 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 Town ullde'r paragraphs 5.] S, 5.19 or 5.22(2) in respect of road(s), is not intended Ilor shall it in any way constitute or be taken to constitute the approval or assumplion by the Town o[ the mad(s) in question. The road(s) shall not be deemed to have been assumed ulltil both a Certificate of Acceptance has been issued, and a lJy-law has been passed hy Town Couocil dedicating the road(s) as public highway(s) and asslIming it [or the purpose of liability to repair and J\ _, , , Subdivision Agreement Page 56 maintain it as provided by the Municipal Act, and such By-law has beeQ registered in the Land Registry Office. 5.23 Reouirements for Certificate of Comnletion The Owner aCknowledges and agrees that the conSlruction and installation of any of the Works aUlhorized 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 Ihe Works authorized by the Authorization to Commence Works for which a Certificale of Completion is required, have been inspected by the Director, and he is satisfied such Works have been construcled 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. 5.24 Reouirements for Certificate of Accentnnc~ The Owner acknowledges and agrees that none of Ihe 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 accepled ("Ihe Certificate of Acceptance)". If the requirements of this Agreement respecting the issuance of a Certificate of Acceptance nf Ihe Initial Works, the Stormwater Management System and/or the Street Lighting System have been satisfied, and wilhoutlimiling the generalily of Ihe foregoing, if Ihe Director is of Ihe opinion that the Works in question have been mainlained in compliance with paragraph 3.10 and all deficiencies and defecls in such Wurks have been remedied and corrected by the Owner on behalf of the Town, the Director shall provide the Owner with a Certificate of Acceptance of the relevanl Wurks. If Ihe re'luiremenlS of this Agreement respecting the issuance of a Certificate of Acceplance of the Final Works have been satisfied, and without limiting the generality of the foregoing, if the Director is of the opinion Ihat the Works in question have been mainlained in ~ccordance with paragraph 3.10 and all deficiencies and defecls in such -Works have been remedied and corrected by the Owner, and the Director reports his opinion Iha( such Works should be accepted by the Town for the Town Council, Council may approve the reporl of Ihe Direclor. FOllowing Council's.approval of this report as aforesaid the Director muy provide Ihe Owner with a Certificate of Acceptance of the Final Works. .' '" l . "Ii( Subdivision Agreement Page 57 5.25 Qwnership of Worl<s by Town For greater certainty,' the Owner acknowledges and agrees that the Town is the Owner of all of the Works covered by a Certificate of Acceptance. The Owner shaIl have no right or claim thereto, other than as an Owner of land abutting a highway in which such Works are installed. 5.26 Reouirements 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 Town 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 shaH be in a form suitable for registration or deposit in the proper Land Registry Office. In addilion to the Owner satisfyiog the other requirements of this Agreement respecling 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; (b) a registered Ontario Land Surveyor, acceptable to the Director and retained by the Owner at the Owner's expense has provided the Town 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 roetd(s) on such Plan; and (c) Town Council has by resolulion, acknowledgcd that the Owner has satisfied all of the provisions df 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 there.of which are described therein of the obligalions of the Owner under this Agreement with the exception of (I) the Owner's obligalion 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. . ,) " "-t f -'1 t Subdivision Agreement Page 58 5.27 Not Useq 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. TIle 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 Town 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 pro',isions of the Occupational Health and Sufety Act, and the Workers' Compensation Act. ARTI LE 7 ENT OWNER '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 adequllte drainage of surface waters from such lot(s) Or block(s) in accordance will1the 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 bJock(s) in question; and (c) the maintenance of fencing required by Schedule "G" and paragraph 4.2. . 1 ( FT'" ~~ubGi~ision Agreement ARTICLE 8 - TIME OF ESSENCE Page 59 Time is of the essence of this Agreement. ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT The Owner acknowledges and agrees that the Town has authority to enter into this Agreement, that every provision hereof is authorized by the law and if fully enforceable by the Parties, and that this Agreement is made by the Town in reliance on the acknowledgement and agreement of the Owner of the aforesaid. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year 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 MUNICIPALITY OF CLARINGTON: KIDDICORP INVESTMENTS LTD. ,?/' 'r'4L--~ Name: Title: 290572 ONTARIO LIMITED g;(~~ '" /7-,S..{J, Title: KIDDICORP INVESTMENTS LTD. ~ --r .~__h~ Name: Title: LTD. Title: BONNYDON LIMITED ~;;;;? ,., ~-f; ~_~ Name: d'J {J , Title: JOSEPH DWORAK LIMITED f'/ ~ 0' j;::C ~;2 /---)--e~--~-I~ Name: A;NNt'I ~li. TItle: -~~ , . } ( ," '. "l S C H E D U L E "A" THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of Clarington (former Town of Newcastle), enacted and passed the 9th day of November, 1992. LEGAL DESCRIPTION OF LANDS FIRSTLY All and singular that certain parcel of land and premises, situated lying and being in the Municipality of Clarington formerly Township of Darlington, Regional Municipality of Durham and being comprised of Part of Lot 30, Concession 2 in the Municipality of Clarington, Regional Municipali ty of Durham, now designated as Part 1 on plan of survey deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40) (the "Land Registry Office") as Plan 10R-3824. SECONDLY All and singular that certain parcel of land and premises, situated lying and being in the Municipality of Clarington formerly Township of Darlington, Regional Municipality of Durham and being comprised of Part of Lot 30, Concession 2 in the Municipality of Clarington, Regional Municipali ty of Durham, now designated as Part 1 on plan of survey deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40) (the "Land Registry Office") as Plan 40R-14404. ,- , ~ I ~ " " ~. f." ,- ~ THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. 92-217 of e Corporation of the Municipality of Claringto~ enacted and passed the 9th day of No ember, 1992. I PLAN OF SUBDIVISIOl'j (Insert reduction of Plan 18T-.90010) SOO IP.J 31~SVJM3N dO NM~ OC90 CZ9 UtA CZ:OT C6{QQILO ~I f~ ~ ~QIIRI Cl~~ . I J "f f==t ~ ~ ~~'j ~ I ~~-- ... . ~ ===1 ~ ~/~""'f:.__ I CUJU"E;,<NfI- II I i:i ;;-- D '~l ~ -~-~ ; U 4J . , HILLHURST !- ~.v---: ~ i Sl ! r.. ~ Ui / '" U · II:: f-; r ~, I v u "'" - ui ~'! i ~, &J ,IJ~I\. '" ;--U~~,:,:I:,,~:,':'':,., Sf \ Sf 'r- 14\ ~i I JJ I 1- .,I~ . _-_:/ '~~ "'_ .~.r.:~-~~~~-..c;,,;... ......--___ r.........=-""e-~~~.~~....-==_~----=-~ ~~-=---....-:=.._ _ =..r___.~~-:' _ _=-=._ _ ~-_ _ _~_ .~.~_~~~.....~':::'. .... '0 .... C -.J I ~ ::-r==~o~_I.~:~~,=~, I- I I I l I I CRt:. ..._ - , ROWNS .~~ ~ ..~~~ .......00' 15! t:. g -. 1M Ii _.,1$4 l! C'l' In .. .. . 10 O~ : ..- '" . : ' ~J I, t=._~., I I ..---- 4 'in Ii. ,. ~ !1-1 ,'.......-- ~~L.' .-F' ", I!.' ...~. : .~ii. : r, · .. .. 11: : ! : I : !~~,. ! 10 ;a..oot Me' It ~ .. - ' .,.. ~ !~ ..., =:,~' LDCIIIK LDCSI171 '...'-' r I : , ... 1'1 ; I , I -: .rEA VERSTREET I ! · 125 ~ ; __ '.s~-.. ""- BLOCK 144 4- BLOCK 143 ., I' 1,,1"1$1 ., C. tll!ITlI BLOCK 14Z' "*''fS1 .~. i: I- ~ 1.1. S -<~ a:: . c .j lILOCK 13t . l.l.It'I'1Sl .1 lILOCK 140 ., I' "'111 IIUICX 141 '1 \l1I1S' ~ ~ ,. IrlS".-. \ \ .. '" \ \\ ; .~ \ ~'4l' ~~ 130& I , . ~ ...... ~ . i ; ~H .. . . .....- i i .. ..~ I -- '^- ~ ~ . IU IZT -Y>CMI , . ..,----1----____ ~ I .....- ".n '. ___ ~.l't ~ ~ ~ ~ e: u i.: '" ~ -~ ;;" ~'~ ;: './ a<llM[< SOGQ./v/ ./ 1// ./ V / ',/ nnIIO[ ,.. .... ---------- ISS.$ ~.r~ ~ -:c. J' x FVIUIIE ,.. <~.!J~. S /.1., /. -. ~ '.rs- '.Is- S '. "p ~ C -.J / "J-IIOIZ / KEY PLAN '. 1itJlL[."I~ PllOPOSEll DRAFT PLAN OF SUlOIYISION OF PART OF LOT 30 CONCESSION 2 TOWN OF NEWCASTLE lIS I ClIW. _Ie I PAL I TT OF DUlHAII LANl USE SCI€IlU.E LDI aoc' '"' LITl $IICL[ F.ILT u.JJ,.11CI I' 11.. .,. ~aa: .....' 12-11, _ez 54 Je. IS . . .,. f"IlCIlIf1AC1 LA'" "5. sa-4I ,.. ,. lUll 8['UOO . l.1_ DllU.ttCI LCTl' 6-U.ZI-II.e3-DII 12 Mm'" OEMSln SlJIE['T T.. Mll&So &IS ,.,.... ,,1Kf LOn . un IIIEIEJIV[ &.IS "'.II.J D.. . IEIIJN[. IUS ......." -.D '18'1C' IUCS 10 ~ TO IE IlETAIIO' IUS '" SODL &.OCI' LG 1M ,.. .....' IIA 116 _ &LOIMU m.. ... . __ ~ ... . .".... .. ...,..c...-' 'I"'" IIlEJ. ..... "' 2.'40 .. 1.41' 12' 4.4" .. ,- 0...,. 0011 "m .,. '11 t,11I .m ..70S ,- ADO I T IllNAI.. I W_ TI ON REOU I flED \JIClEIl SE:C1ION 50 OF THE PLIoH'lI NC An (.w.lftPMltIt\A. TUUIL. I(S1' 'OllTlIC 1IISIeDn"M. _____ tG"D11CI MIl NftIll IIlEI.ltmn... [AS"' ...,., ...... fII ....,11. laT-17'II2 .. ..Ia&...... W''''fII[I) _I(.I~M. ..... .....' '.~.Qj.' I'~ ..l(t..... IDIWtCEI ... "'t~ OWNEJt'S CEIITIFICATE SUltVEYOl"S CEII1IFICU\: I...... .-1........... .. -.... --..-. -- ......,. . ....... l.O'"'.... ....' _ ........&10 .. "<< ..- "' . ..,..- ... __"'..~_N'. -.u.'._.. !. ~ oMCIa _ llICCWUtC.t .., L-.c:.... ~ .J ,0 BAlVES L '111 TEll ...... ..- ......- ao_ .ir.'!~~ ............ KIDOICOllP I NYESTlIENTS L IlIllUl .,- "'-~ .... III.., .., ,... -;r.iJ.,;.p1.11n. 2 IDn"DClIC I1'IEn Y "Afti' ~ IADoIUST'[D LOT. kOCK tIQ', I lAGGED SAIIIMIMMAIf DIt ..AL.L.OeIJlCl In''''''.C.c:.: oa-("- ~ CORPORATION 00 THE TOIN Of NEICASTLE OP'..,...... ,. D,C,BIDOLE & ASSOCIATES LIYITED C-.&..TI'" IJC,I_ .au '-'1"0 89097 D " D- I x".gro . , :: j t4UU1 .,. D'.. It AD f.u:.'........' ~o, o...f( t.... MA' "" IS.."""'. .' , . " .. Schedule "B" -2- (Insert reduction of the 40M Plan) ...... ... -.- ,,--............. /' '\ I \ ( I I I I I 1 I I I I , I I I I I I I , I , I I I:h ) II:' "- ---- . ......... / ./ 'RolL'S ROAD ~~ :()r Lor ,PAR' . -1__-.__,-___ I I I I I I I I I I I I I I I - -- :~- - -~-- - - " 1_ _ _ ____ 29 -- -- - - - - - - - - - - - - .30 "fA - - ~~ ... - ~ M - -. -, : ...- ... ..- .... ~ ...- .... ..- .... . ...- ..... :: .- ..... ..- ... . .- ::: ]0 - J. n .. . .. ... . . .... . n ..... .. .. .... . .. .... .. .. :: . .. .. . ... .' . ... .. .. ...... .. . .... .. .. ..... -.. .. ..... -.. .. :: -.. _. ----, "'f, I PUN <OIl - - - -----'\ I . ..:..:;' .. ... I J .rrr ~..... I I - ": ~~ I I I I I I I I .011 18Z, -', :~ : f SEe ro"o j ;.. I I I CQtol 1 llAA1.NGrOl<t -; ,';'L - t_ - - - - - - - - - - - _ ~ _ _ _ _ _ _ _ _ _ _ _ _ L _ i.:- _ _ _ _ _ _ _ _ J.. __ i J I . fi:c f:; I Lc______ :-r"."'!.:L~':~1!. - ~ ............ 04 _4 I ~ IlOCK :.e _J BlOCk 6. ~ ::-::::- :.0:-.-:::-- ,....r ~ .. ~Mc[L i ,. ~ me J_ CONCESSION r_ oo/ l- ~ .IQ !< 'I! I. . % .:r- .I~ . :". ,l!i ~ v:i~ '!: " .__. O"a 11;\' .__ iUI I ~ f ;!!: 7 J!. ! i.:..-...~~:'...~ ;:~ STIlUT .- ---. \, fa ~" ~:u IILOCIl 54 Rt."'l' .ILLU'NANCf BnwffN Lors 30 ANo ). CvN<.ESSIOtoI l PlAN 4OM- ",I:' ,((....... '-' .- "'- -- 4 "f:C4'("(O .. ..... ~ ~~,... OO'''C( '001I '... .... "'"Us .....--""_...4(1 .'(t.... 000 r.... ..... flIT .'''' -(,,'cOO(O"r-..: OI(C4'C. fOOl hoo(fl. 'I:U_ - ....ca..o(. Co.w:.",,, _ --.,... fIOO( OI((4rcll(O.... "'- ooc.......... 000 .J -, ~ -<<-,- --,------.-. _I.~--._~ Puw OF SUBoMsIoH OF PART OF LOT 30. CONCESSION 2 I Gcot<_ fOWNSHlP OF IlARUNCiTOH I NOW IN THE TOWN OF NEWCASTLE llfGIOHoL ~AUfY OF llURlW.e J. D. IIARNfS UMlfm .993 SCIrI.E ': '000 . .... iJ_ METRIC: -----...."""....--... .. --..... ...........-- OWNER'S CERTFlCATE ......---..... e. .................._..........~ ....--........ ----..----. -- ............. -'.-'WIC. ........ -................ ....-... --....... ................. ~-...- -- --........ .. ........-......--.......--- .... ----. ... .....lI!fIiCIMllI ................ ............-.-. K1DOICllRP INIIESTMENTS UMITE1I NOns: ----.............. --.. .................. .-........ I\M_.... .......................... ..... -...... "---.. -........ ---.--... ----...... -- """".... aIC............ _-.....n-............ . -~---.... , ... . ...... .. --.ca ,_.. c.... ae.n......... fl""""" ... --- ....... -- .... ,..... --..-... llfGIOHoL N'PIlOv~ -----........ .......-..cr.............,... ... -- ... --- -.... -.. __ - .. u_--.... ............... ..c-__....... --........------ ..... ..... -- -- SUlVtYOR'S CERfFlCAfE .--- . "-.-n_~...co-oac._.~ -....-........-....._iItfUOe'_'.. --- . ... ...-".-(-..:........ . 1.-... ----~ I :1I'Y'lt\ I L>._.~Jt1 J J.O, OAHNES ........... - \.AHO IMFCHtWAftOIt S(IMC(S ... '=',0;..-:,,=' .. .....~:::f.. t.or r "::"r'l ,,-, ..-,.... - ---- --~j ~ ~ I I I I ~~,,-~, I --'h 1\, I -', --+:-~~~:: - -- - - - - - 1'l.J\N .~ ,..... "'C(,1OtIt '."'" " GlAktlN(~fO~ ..-.,.... ,t.t" / -:_, ... / I a-.... / I ~..'" . .. < Lor ....... P.,., i .e F/ .,. , lOOt P""Cft. KcrOOOl i CONCESSION ,1 ..: ROAO ALLOWANCE BHWEE.. Lors JO ANO ]. CONCES"JON ROAo rld_..I. .... - - -\- - sel4 30 - J, ""'~'.",',>,h:',.',~,:\ ;>; uH - JOoIO I PlAN q()M- -------- I i I ! i I I I L______ '. , . .,f...... '-' '-"- _. ""(~'C:tIOEO.. ...... .- .....~.- 'JI"t'O(c '(>01 'tor( '-- "'tC' '~''''''-...... .t "'0"" C... to", ....., -...'C........,.... ...'6'l;'I.........~ft ~c.'.'" -.....-.......,..."---.,.... ....'""......OG...._~""<..'.1oO f .... ..._ c__. _ .. -.... _... _,_ ,... ,____ 3D PI.AH OF SlllIllMsION OF PART OF lOT 30. CONCESSION 2 I c.o._ 'OWNsHoP Of' DMlllNGrOH I NOW IN THE TOWN OF NEWCASTLE REGIONAl.. MLf<IOpAUTY OF IlUlIW.I ... o. llARNES LMTED 1993 sc.u: I: 1000 . . --~--- . ~- MaRlC: ...-cn--......"'--......__s. .-........................... ~ ... :: - ~ - .:::. ~ --, - . ..- ..... .... ........... . ..- ..... ... ... .......e . ...- ...... .... .... . II.... C .. .- ...... .... .... ....... .. =: "'PH ..,.. ..... ...... ., .... ..~. ...... ... II... OWNER'S aRTIFlCATf; .......... ..., ""'. ..............,.. --........-..c. ..--........... ............----. ..... ...~-...-.--........ -c _ __ elf. ____ ___.......... a 1oC.....".............. ....--........ ...-...-.....r ............ . .... KIDOlalRP INIIESTMENTS LMTED ---.....-.......,._."... NOTES: .. ......- ..... ..,...... --..........-.....c_..__.. ....----...-.................- -_.... --.-.-...~......w.. -~- .........-..-..--....-.... ........ ---. ~.. ..................... -..-.. ........ .... -.... --.... Me ............... ....... ....... - '-....-.- ---.........---.........- ---. --' ..... -..n .... -.... ....-. . -.n ~ -...... .... (-. ....-n~. ~l__ (-. ......-.cw..I\.C._... ... .....-n..___... (",<11) ~..__". SUIlIiEYOR'S aRTIF1CATE .-c....".._-.-_......._.___... -hoC~c'_..._.......ct_... --- I ..... ~-UW\I:.......... ..- -.. -- c.- -.or.. to. I~I J,D, BARNES -- - ....... ~ S(lMl:ts ...'5~=fI. -~ _n._ ( .10 :< ":" SCHEDULE tiC" I THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and approved by By-law No. 92-217 0 the Corporation of the Municipality of ClaringtQD, enacted and passed the 9th day of No ember, 1992. (P.d] Ex' .) ,aI pnor to ecntion (Paid p~or to Execution) (paid pJor to Execution) (1) Municipal Taxes (2) Local Improvement Charges (3) Drainage Charges 6 (l 0 IP-I 31~SV~A\3N dO Nl\~ O~90_C~ll_9n,o, CZ_: 01 C6/901 L11 , . I '. , " , .. \ . I .. I , SCHEOULE liD- I THIS SCHEDULE IS SCHEDULE "DII to the Agreement which has been I authorized and approved by By-law No. 92-217 0 the Corporation of the Municipality of CIarington, enacted and passed the 9th day of No ember, 1992. SCHEDULE OF PAYMENTS OF DEVEWPMENT CHARGES Subject to paragraph 3.4(1) of this Agreement the Owner shall make the following payments on account of Development arges to the Town in respect of the development of the Lands consisting of seventy eight (78) single family dwellings; one hlmdred and twenty-four (124) ,semi-detached d ellings; and forty-eight (48) townhouse dwellings (collectively referred to as the "Total ellings") on the occasions set out below. Subject to the adjustments referred to in paragrap I 3.4 (1) of this one million two hundred thousand, one hundred and fifty-two ($1,200,152.00) dollars. The payments that the Owner shall make to the Town are the following: I. PHASE 1 OF THE DEVELOPMENT OF THE LAND& Phase 1 of the Development of the lands semi-detached dwellings and 24 townhouse units. paragraph 3.4(1) of this Agreement, the aggregate as follows: nsists of 17 single family dwellings, 108 ubject to the adjustments referred to in ount so payable is $718,636.00 payable (a) Twenty-five (25%) percent of the oresaid aggregate amount being one hundred seventy-nine' thousand, s. hundred and fifty-nine ($179,659.00) dollars on the filing of an appHcatio for a building permit for the first (1st) dwelling proposed to be constructe on the Lands (the "First Application"), provided that if the number, of b . g permits for which applications are made in the first (1st) year followipg the making of the First Application exceeds twenty-five (2S~) percent o~the Total Dwellings, the Owner shall pay with each application for a buildin. 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 "Frrst Excess Payment). (b) Twenty-five (25%) percent of the oresaid aggregate amount being One hundred seventy-nine thousand, s. hundred and fifty-nine ($179,659.00) dollars less an amount equal to the first Excess Payment, if any, on the first (1st) anniversary of the First App~cation, provided that if the number of building permits for which applidtions are made in the first (1st) year OTO!l'1 31~SV~M3N dO NM~ OC90 CZ9 9TtQ, cz: 01 C6/90/~ . . -I ) I ,~ " ,-( .., Schedule "D" -2- following the making of the First Application exceeds fifty (50%) percent of the Total Dwellings, 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 "Second Excess Payment"). (c) Twenty-five (25%) percent of the aforesaid aggregate amount being one hundred seventy...nine thousand, six hundred and fifty-nine ($179,659.00) dollars 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 (20 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 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) Twenty-five (25%) percent of the aforesaid aggregate amount being one hundred seventy-nine thousand, six hundred and fifty-nine ($179,659.00) dollars 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 1 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 1 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 for each additional dwelling a further amount eqqal to the amount of the development charges imposed by the Development Charges By-law for the additional dwelling or dwellings in question (the "First Excess Payment"). . " ~ > f " SCHEDUL~ "E~ -\ j { ..... l THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized and approved by-law No. 92-217 of The Corporation of the Municipality of Clarlngton, enacted and passed the 9th day of November. 1992. fIlASE 1 (1) On the execution of this Agreement, the Owner shall deliver to the Town transfers of the following easements: (a) Storm sewers and emergency access: - Part 2 on Plan 40R _ (Lots _ and ---J (2) Easements for the storm sewers and emergency access 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 Town easements to accommodate any work provided for in the approved Engineering Drawings or the Reapproved Engineering Drawings in lands located beyond the limits of tbe Lands as may be required by and to the satisfaction of the Director by notice given in writing to We Owner. The Director shall determine the duration and terms of any such easements. The transfers shall he prepared by the Owner at its cost, shall be free and clear of all encumbrances and restrictions, shall contain other provisions satisfactory to the Town'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 or cause to be transferred to the Town any easements for the disposal of storm water from the said Lands which are required by the Director wbich are external to the said Lands at no expense to tbe Town. The easements shall be transferred to the Town forthwith after the Director gives the Owner written notice of his requirements and the reasons therefore. Paragraphs 2.4 and 2.6 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. ,(5) Easements within each Phase Subsequent to Phase 1 of the Development of the Lands as may be required by and to the satisfaction of the Director, shall be transferred by the Owner to the Town prior to the registration against title of the 4QM Plan of Subdivision for the Phase in question. the Director shall determine the TTfll'll1 ':l'TTC'v"w':n.! "0 \'IIT. fir. RO r.1.n An.o. J'Z:OT CO/PO/LO .,. " ! .. \ I ... Schedule "E" -2- 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 Town's Solicitor, shall be made for a nominal consideration, and shall be in registrable form. Prior to the registration of the transfer(s) of such easements, against the title to the applicable Lands, the Owner agrees with the Town that it will not require the issuance of building permits for the construction of buildings or structures on the portion of the Lands within the 40M Plan of Subdivision in question. " ( SCHEDULE "F' ~ . 1 I.' I THIS Sc.;1ilivULE IS SCHEDULE II}?" to the Agreement which has been authorized and approved by By~law No. 92-217 of the Corporation of the Municipality of Clarington, enacted and passed on the 9th day of November, 1992. LANDS TO BE TRANSFERRED TO TOWN AND/OR CASH TO BE PAID . IN LIEU THEREOF PHASE 1 (1) Dedication of Lands The Owner shall deliver to the Town in a form satisfactory to tbe Town. transfers in fee simple absolute of the following lands shown on the 40M Plan; (a) Road widening - Block 58 '" (b) O.3m reserves - Blocks 59, 60. 61, 62, 63 and 64 (2) Dedication of Land External to the 40M .Plan: The Owner shall deli~er to the Town in a form satisfactory to the Town. transfers in fee simple absolute of the following lands external to the 40M Plan: (a) Sandringham Drive Extensions - Part 1, Plan 40R _ (b) O.3m reserves on Sandringham Drive - Parts 2. 3 and 4, Plan 40R _ (c) Park - Parts 1 and 2, Plan 40R (d) Storm water Management Facility - Parts 1 and 2, Plan 40R --.:.- " '- " , , no~ 31J.SVJA\3N .:10 N.\\.t 01:90 cu 9UD. 07.: nT I'J'I.lOI'I T, n { ~ I l" t Schedule "F" -2- PHASE 2 (1) Dedication of Lands The Owner shall deliver to the Town in a form satisfactory to the Town, transfers in fee simple absolute the following land shown on the 40M Plan- (a) O.3m reserves - Blocks 26, 27 and 28 (c) Parks - Block 21 The Owner acknowledges and agrees that it will not require any payment, compensation or credit under any statute, by-law or rule in either law or equity as a result of the Owner's dedication of a portion of the Lands for park purposes which may have an area in excess of five percent of the area of the Lands. j 'iI 1- " ;: f p:"Rr I - g;.. .. .. i _~ ;z;;~ J ;:. ~_:...~ B'!- J .., ~ ,. .... "' "a,: ' ~ -- !-- I", ~'__ /-'~i ' . . .... r:, ....~ :r,f". ! I~ ..: -I sa jA;~ i- --f-- mAt.. ! .~1'"'&~" - --. _.1 t.n.:- 'W; ,....) . ("';",' ,.--" '. '" I"~;'~ ,._E... ., . . I ~._ I j -:.. 3J ~ 18 [, w .~ e ,I.t. ... Ii I' ~~ . ., ~ -. 1-'.... L- ~:(P~ a;)~:;._ i1~ -- ,~ P 'JICf.t 't: =L;'.N I,' ;: ----- .f,-_ ----- -- -- --- -. I I , 1 I I f I .) -'---" ... ~ttt{' ;~.;> ~ ,~~~ i > > ,"<':0 ~':\\ '(\ .:-.: '..:~"".:.', '~"~'.'';.'' ~;, (~,~ ,''; ~ .:'.;~..:" '. I!. LOT ::.?... " ....... -......., '. ,;.",\.:,,., ".:'..". ,\.:'. >.:' .\.:,.--,.;,.: ,,:... ,,', "PI ~':'.', >,....,,, -. -, -, ".:. PLAN OF SURVEY OF' PAR'" OF :..0T .33, CONCESSIUN 2. GEOGRAPHIC TOWN~HIP OF DARLING iON, TOWN OF NEWCASTlE REG:ONAL Mur!!c!p,AUTY OF DURHAM SCALE 1 500 'lOW in - ~".. . ~ - W, JOt-'N 9'.'RG. Q,L.S., 1992. ..';-. ....:. ": '. . .... ....., . ., , ,. '.,,,',' :'" ;. :::~,..... / ~~ . '. , .~ . ............. /- the ':"::.- :a.r~.." _. ~~ . JC.... '~;'9- . i ,,- -,.... " ~loot r. .. .,. .~~ 'f:',::-" ::-;:: N~.~"-~.;: '!I ~'" A.Of 4 -:.. ~j .:":",!:' 110 PART !"~:>.: jn~~~:~r;":~...,'; ~' .... . ., ..~ '41""', C:O"iCESSiOi'i ....,. ..... ..... " .: ..., ........;~l:' '~ , .~~~. " .~ J '" ;l ._ .... .;. .....-. "... ~. ..:..~ " /.' ,.," '. .}- . :~ .... " J>.,,' iJ-J };' ~ l>~llN 2-13-lllA PLAN 40R- I IlEllUlR! THIS PI..NI TO IE IlCPOSI JD) UHIl[Il 'DIE l.AHO nus ~T. /lfca\'ED AHO DEP05IJD) 0..1[ 11-.11' !'.:: .,-~. ~ lNlD ___ LAHO IlflllS_ FOIl iiilNoo 1l1l.LS CIM9<lN or tlUlIKAoI (.... 40) -n , IoNll I - f''' or f'~ 13-&. SEC1ION CON. 2 (IIA1lUNClllNI f'/lItT I - -.c;y 111 USDoOn IN lO$l, .... ,_ :n ::; .;: ~~ . .> ....0: /1:,.... w- ~ 0: ~ " . ~:.:.r.': ..::- a.cElRlC~~*,' .. . llISfAlOCO__ CII'1115'PLAH All( IN WC'llltS AHO ':. CM.' ,....CON"?l!Jl.,'!!tKJ 8Y.~ ilY a..104a. ,.~:~~~~.r~:~{~.'~1f#~:;1 :;~:.-.' '.' .- 'PCAUllOtC" .~,::.~:::-, ~ "" . ," 1HIS flUH IS ..or' " I'LNl CY SUlDIotSJON 'OIfTHlH . ,'. 'lit( ~.fF ,1N[ .......... ~, . .j. '. ; . . . " ..;.; ~... - ... . --..~ ~._~ ~:""'...,~:~.~.. .' ...~~;.,~b~~X;\18~'':-_::" "- '-. ,. .: NOTE __ ..t'-.,. ...~~-.~.__ '. " ;",.:.:,,' .~ JIll. ~'NiO AIlE 1lER:IlRCI1O 1H[ '~;'" '.... ,flOlltltOI\,Y l.MT Of '/!fJ :.. '1>$ ~ ON PlAN ICIIl~7t ',:ii..;:..'.-';~~WIO.,~.~~.3'l7'Jlo"l "'..'.,. ' .:? '"- .~~~~;~1.:~~:;;:t~;.-~iUi>;.. , . :!$') .' ..' ........~.<<M01I!S'~ Uc.u.o.T rOUND .... . "-O-:',DOIOTt:S ~Y'~ SET fill ".'~ S'YMONlD lIlQN JAIl e :.:' "OOIOra 110I BAR '. , . '.. :- ':. -llDflll!SlIOUNO IAON IIAIt ' CC . . (lfNO'I[S an ClIOSS ., , ,,,. 110.0' ,..-OOtOlt'SWDIESS ~." ":~;..." ~~\..:.;'~lj~F'~:~~ , a.tR\a'CR'S 'a:lnl'lCAlE' '\ C'UliY ~41i~r;~~., ::~"};;:~ . \. 1ltS ~ NIIfI PUoH AM' CGIIIEt:T AHD IN ACCOIlOo\HC( WItH lH( SUIl'of:'lS w:r AHIl 1l-IE l.ANO n lU;S ACT AHO lW( 1lfGUl..< llOHS WIlD[ JItDlfJJHllER.. r...... ....,~ ", ~ It', ", :!, t\: ~ (, ~ 2. 1ItI: SUR'.EY lIAS CIIlIlIPlL1ED CIII 1kE 0-. y cy ~.. ....""- .....-.;,;.' ..,,:.. ....... :i~:.':.> ., : llo\l[ .. JC>lN BuRG CNTAIlIO lAHO 5\Jft\OOll - " . . I .:' ~ \~.:;.~~~: ~;_... '. DOHEVAHFl.ElSaiIoIANN PElRICH LTD. 'OfiTARIO, "lAND SUR'v'EYORS IJ33 ~YON IlOAO SOUtH PtCKfRIHC alRP. aJlllR[ "0SIU.:f1Ed, 1e4 PtCK~_ _llV JP2 -- _:rnn _0,) DIU... tV': ..a.0a.&. oecn. ''': ....... SCALf.;: ~ ...,... .uu I:~ -:.~ _.~~; .:~ '"=.' "'1 d , ..:1 i . ..j . F.~ ;:-' '.., " \~ ~' ~ .:~~ ':: ac',: . hi :'~'~~ .: : ~, ~~~ ..,..~ "': .".;.. ; ,[ 'j ,1 ',-1 '- ~ ~ " ~ 0 Sl <( 0 cr (! <> ... li ~ en ...J ...J w ~ i cr I- ... .. Cl 3 c .,; ~~~;~~-::.'- .: ~ klV(; i A4.iir. :-:--...-s J.h.. ' ~~ ">Y~ I. ~/~J" ,~ , !\ / :i I i~ . :- \ .. -. - . PART NT. N. e ... I't.AH 4crt . - ~ --.......... ~- . ",..., .. .... . "'w .,.... o~ v .:.. 3 if PART I'IlIICO. ....,.~ ..,:M.eGO )(). ~ .. to, 'NST. 'PART ., ....u . "H .. ... ... ~ .... ... ... Pt."" Sc:c:noH ~o .. usor 'l, :.;.:""'" 1: - n.... . ... . 'oo ... .... ........ l~ I - - lOR . :seZ4 CIllH. I 1__1 O~ t::J' ~f:J~t:;, cP PLAN 40R- I R(OVlR( THfS PLAN TO e( O{Pi)S.l(O UNO{R 1.~f ACc;ISTR'f' Al;f 11I(((1"'[0 A...o O(POs'TEO O"'E 04'[ . , ......., .---- l-.I..O Rf~i'''4";:tit-,~ "'EGlSJRY DfvISIOJf or . OUftHA.. t w- 40, --. ",~ :. ,-.. PLAN Cf' SURvEy OF PART OF LOT 30 CONCESSION 2 Geographic TONNSHIP OF DARt.J\GrOO NOW N THE TOWN 0 F NE:WcAsn.E REGIONAL MLNIOPAlITY OF DURHAM SCAt. ( I: XlI,) L-t. ~ j" J. o. I ARHES l....TEO... "'2 METRIC =~~.o.fOT;('(';--::,:~ .:?~~ NOTES: I(~. tClI(", AAC:' ......ao..o...c ... MC It<<rtMat nt he -.(.SfllU Uod' or t.01' )0 COrc::osow. /4 s..o.. Of fIlLMt 011_ MI_, --.c .. ....... or . "'os4d'. .. .. .. . . . .. ."'flS .""n "''''"TI -os """".. "'''''... ..-.. ~... ~.., ,.... ......,. ~Iff' .....ra .,........ ..00. ..... -- ~- -S, ". UH' a4J'. .,. -.oMt CAuTION ::: ~:.: ::-..:c ~-:..:... ~ ..,.... SURVEYOR'S CERTIFICATE . UItt_.. ,....; .. ,- ~.. A-e ""... A.-c. ~CT Me . ~-cc ~.,. 1'11( ~'" ~, ... nc tIIDX11tr ACT' .... 'tIC 11(.....,.... IIt.toe(: hC~. L'lIC -...wrt:.... ~C"... 'III ....., ._. Mf'( _________ ----It~.-~----- ....-- ...- ~ ~ ~ JO B.6BNES SUItVlYINC MArrING lAND INFOItMA liON s(ItVICES ~aO#~ .0 '(J)I'\& c:ou.n' .....,...... -......~ UIf ..., ......,u.." ---.c:. _. ".",. -M.04 (I) -J -J ~~ -i [f=--------- .. - &..,- N........ J , ~~ ~~ ij:~ , ~ , , ~ ~----l . ~ ~ ":" ----- M_______ _ ~... . --=-7 ...... - ?.- oz. 50 -, ......w. __ . ,__ 'PART I / , , , S- v V I , I , , I z 2 .. .. ~ o u " ~2 o. g a:~ t:! o .. w i .. :l ~ SfCTIOH " INST l'MCO.. PLAN ~.:... il ~ .......,..... .,~-.. """"""'-" PART ,,>0 PARCEL HI z . [PART 21 AIlU. . US1.. ~ ::10 - 3 . SECTIoN CONCESSION COH. Z COoVlUHlOTOfII 2 PlAH COH. z 10 R - 3998 CDAIIUHGTOIcI ~ IOR-36Z4 s- " 04~ .... PLAN 40R- 1to(~"""C)~ . "'f0l-.c h., "'-- rc) 10( no-ov'fl) I~ r.., ~ 'rTln~, """C) ....... --f~"" '0 .... .." " --..." OOf'-.o,""""O~ lNoO ~... ~ nc "f0lSnr. ~ ,... nc "- ...... ""- or "'-... ... ,.-, r ""-t OI"-co. "-r. ~CDof. 'I~"'t PLIIN Of SURVEY OF PART OF LOTS 29 AND 30 CONCESSION 2 Geographic TOWNSHIP OF DMUNGTON NOW IN THE TOWN OF NEWCAsTLE REGIONAL MUNIC/PAUTY OF DURHAM . o. 8AANEs lAUTED - I ~3 SCAlE I: 750 ... -~ . --1 ... .. -j- METRIc: ~.-::a ..... ... "- ...... NlC iii t<'r'Iila; .... c... IC ~.. ftXT"......... ..,.~ NOTES : N--.. ~.,IIlIIII( ~ .. MIl[ ..",.... .. 1M( ICMftCIIU' u.rr.. ~ . .. ..... OIl ",..... .__,.... .................. ."'~YJ.c. o -.", "-" __ """"'" · IOCrTai -.....cY ~ ,.... St. IOCrra: n~ 1101 .... I. IOraTD '110I ..... ... IOCn'a c1.. ~ L"'TD .... IOOrt:s ~ .. n.c'~. .....05. ~ 00.01'0 --..slltt Of "'~T.TtOlIt CAl.1T1oN '"'........,.........", ~ ..,.. tIC ....... ., 'he ~ ACT.. Sl.fNFtoR'S CERT1FICATE , CUI'Try '*r : ... ...~....."""IIllC~.......~~nc~ ACT. JtC .... 1'm..a IICT.. nc: ......".,. -=r ..... ltC .......nc..t --. t. nc~-'~"'nc .....01' .1"-1.. ..---..--.......--. -......-.....-..--.-......... - ill. a. lUIIlrIQ. ...,.....UMt~ ~ ~ J.D. BARNES su~ 1WTIHc. UXD IHf'ORwATlOH SOMca """X"'_ I to scon.. CI:lUtT \.NT , H ~...,. OHTMIO UN .-n ....7Z::J-unl: u.Tu> ~":CJtO ~.T:".S.J(. ~-.: b-n-~-OlJ ~ ~ CONCESSION t I ,~ ~ ~ ._~JI!~~ ....---- ~- LO T J~ --- ~ - ., "1lCXL _0 ~ ~Oo P....T 30 "'-J ~ -...(A. aJ,h... ........ -- ~ CON I IO.......C_1 1011- 38M . .-... (' ~ - urn '" .... II CONC6S_ ( TRULLS ROAD) I "lOut"'( IHtS"..... ro 8( (<""~"[O ''''':1('' ,,< .........0 '''l..CS ACr PLAN 4OR- ------- A(C( .....{O "0 D("'OStftD OAI( OM' ---:'.~~- ~:: ~r~~:"c:t::.:~ ~""C""*>l -"....., -. 01 -at .a-I 1((10. tDoo """"'ooc"""" 2 PI. AN IY SURvEy OF PART OF LOT 30 CONCESSION 2 CEOGRAAnc r~1P or Oo\RllNGTON NOW IN THE TOWN OF NEWCASTlE REGIONAL MUNICIPALITY CF DURHAM SCALE I . 1000 ~ JO, 84RHQ lIMITED - '"1 ~- .MfJBIC. ::.r.:u CO::::-rr.. ~(:'-:: ~ - ,;<:~ ~ !!!2m ' IC-.cs 10(--" ~ ~ Me ... -c"t-e8 . 'hoC' -o1lflU' ~-:'..:JOf.~.~ I..,.........",.. 1OIt.,.,......... . . .. .. ::: - .'" "'..... Obon, "'..... "_0 "_0 IK"", ....... N...'a 1Uitw(y~......... ~. ~-r ......~ "....... .... ... - ... 10oo(_ .IUOX-'-........ ,. COCC-..~5. .I. -.......u "-1'(. ........ ., "'......,...0. rAlrrll"'\iL' "'-''''' .1IOt'..~.......................... ~ ~""'C~AC9 SlJIlVEloR's CERTIFICATE . (.(10'''. ...., 1",""""",<<" __""_ ~cc...r:Cf..... .c~( ..,. lIIo(-.....c:9S ~ .... TtC ...... lUlU au ... f"C "tCUl.,...,1IOtoI IIILWl( '-'lIIlUOColIl l. ftoC' -.......:. -S ~'O 01 .. OW 0#' . "'" "'r( .______________ -...- -11a;..i.1~--.....--. ....- --- ~ ~ ~Q BARNES '_llD SU.VITINC ........NC lAND IN'OAM"rJON SOtY'ICIS QI'qQl~ ... SCOT,. (DulI'._"'" -.....)oo'&.ltOO ......, ,.... "ZS.'.1I1 . . '. , , > i' .... ' 1 '. ' I SCHEDULE "G" 'IBIS SCHEDULE IS SCHEDULE llGIt to the Agreement which has been authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of Clarington, enacted and passed on the 9th day of November, 1992. WORKS REOIDRED The Owner shall construct install, supervise and maintain the following Works, including all connections, alternations, adjustments and transitions required to suit existing systems or lands in accordance with the Town's Design Criteria and Standard Drawings, and tbe Engineering Drawings, all to the approval of the Director: (l)(a) A storm sewer system for the removal of upstream storm water and stonn water originating within the said Lands, including storm sewer m~im; and connectio~, manholes; service connections, catchbasins and rear yard catchbasins 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 "Stormwater Management System"). ( c) A road system with 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 oftuming circles, and the Works required within the road, including suitable subgrade, subbase and base granular materials, snbdrains, 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 iIInmination of roads and Walkways to serve the said Lands including all connections, energy and maintenance costs, appurtenantIapparatus and equipment, in the locations as approved by the Director (the "Street lighting System"). (e) Related Works including grading, siltation control. landscaping, fencing, noise attenuation measures, walkways (including lighting) and other miscellaneous Works crn w.J 311SV~M3N dO N~~ OC90 no on.g !:~ : OL C8/g0ILO , , .' ( -,., f 'li ," Schedule "G" -2- shown on the Engineering Drawings and Grading and Drainage Plan (the "Related Works") PHASING OF THE WORKS The Works shall be divided into the following stages, unless approved by the Director: (2) INITIAL WORKS Storm Sewer System including all appurtenances; initial roadworks including subgrade, subbase and base granular materials, subdrains, base curbs, base asphalt, traffic control and street name signs of the Road System; grading and siltation control; and noise attenuation fencing (collectively called the "Initial Works"). (3) STORMWATER MANAGEMENT SYSTEM (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". , . .' .< SCHEDULE- ~ " J J r 1'1 I TInS . SCHEDULE IS SCHEDULE lrfl1I to the Agreement which has been authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of Clarlngton, enacted and passed on the 9th day of Novembe!, 1992. U'IlLITIES AND SERVICES REOUIRED 1. ELEcrRICAL SUPPLY SYSlEM 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 shalt 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 dismption of munlclpal services. 2. TELEPHONE SYSTEM The Owner shall arrange with Community Telephone Limited and/or Ben 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. G~ StWPLY 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, provision and installation of a complete cable television distnoution system to serve the sai,d Lands. All cable television services are to be installed underground. no~ 31J..sV~A\3N dO N,l\l. oc~o C~9 gn~ 9~:OT C8/90lLO .. '. . , " ( . , Schedule "H" -2- 5. MAIL DISTRIBUTION SYSTEM The Owner shall arrange with Canada Post for the provision and installation of a mail distribution system to service ~he said Lands, in the location as approved by the Director. \- t t . , , SCHEDULE "I" & TIllS' SCHEDULE IS SCHEDULE "I" to the Agreement which bas been authorized and approved by By-law No. 92.217 of the Corporation of the MUD1cJpaJity of Clarington, enacted and passed on the 9th day of November, 1992. DIITIES OF OWNER'S ENGINEER 1. DESIGN WORKs AND PRIVATE WORl\.S In addition to the other requirements 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, whicb include: I (a) the Engineering Drawings and ,other related Drawings; (b) the Grading Plans, Drainage Plan~ 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. Stomwater Implementation Reports and other related Reports; ~ ~ (d) Schedules of Work; (e) the Works Cost Estimates or Stage Cost Estimate; and (f) all documentation and verification to support Penormance Guarantee and Security for the Maintenance Guarantee reduction submissions. The approval of the Director shall not absolve or release tbe Owner or the Owner's Engineer of the respO,nsibility 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 tbe Owner's Engineer. 2. REPRESENT OWNER AND OBTAIN TOWN APPROVALS The Owners Engineer is hereby authorized by the Owner to act as the Owner's representative in all matters pertaJolng to the design, construction and installation of the no~ 311SVJM3~JO NMl OC90 elf! An.n. 1'1 !nT ....11 Jft" ~ f^ {j .. , " . '. . , Schedule "I" -2- Works and the overall management of the development, and shall co-operate with the Town and the Director to protect the interests of the Town 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 of this Agreement, including Section 5 and Schedules "G", "H", "I", "]" 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 and to perform the following: (a) provide field layout including the provlSlon of line and grade to the contractors and, where required, restaking; and (b) thoroughly inspect the construction, installation, and supply of materials to ~nsure that all work is being performed in accordance with the Engineering Drawings, Town Standard Drawings and Specifications and all other regulations and legislation. The Owner's Engineer shall have the authority and responsibility to immediately stop and/or reject any work, procedure, or material not complying with the aforementioned; and (c) arrange for or carry out 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; and (d) provide co-ordination and scheduling of the construction and installation of the Works in accordance with the timing provision contained herein and the requirements of the Director; and (e) investigate and 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; and ~ . , "\ \ t: t- '. '.' t Schedule "I" -3- (f) 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. ~ 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 records and receipts, certificates of substantial performance, the names and addresses of all contractors, sub- contractors and suppliers of materials and services, certificates of completion of 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 REPORTS The Owner's Engineer shall provide the Director with reports on the progress of the constrll;ction 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 drawings shall be prepared to the satisfaction of the Director. '. , ~ . I , . " ,~ SCHEDULE "J" TIns, SCHEDULE IS SCHEDULE "J" to the Agreement which has been authorized and approved By-law No. 92-217 of the COIporation of the Municipality of ClaringtoD, enacted and passed on the 9th day of November, 1992. WORKS COST ESTIMAIES ItHASE 1 OF THE DEVELOPMENT OF TIlE LANDS 1. INITIAL WORKS a Stonn Sewer System b. Initial Roadworks c. Grading and Siltation Control d. Noise Attenuation Fencing $ 39l,214.90 $ 285,262.75 $ 117600.00 $ 2,000.00 ' $ 1947275.00 $ 19,000.00 2. STORMWATER MANAGEMENT SYSTEM 3. STREET LIGlITING SYSTEM 4. FINAL WORKS a. b. Final Roadworks Boulevard and Driveway Works Street Trees Fencing Works $ 209,235.40 $ 82,605.00 $ 4~0.00 $ 13,185.00 c. d Sub-total $ 1,249,628.05 $ 62.481.40 5% Contingencies Sub-total $ 1~12,109.45 $ 131.2~ 10% Engineering Sub-total $ lA43,320.40 $ 101.032.43 G.S.T. Allowance TotBI Estimated Value of the Works: $ 1,544~5283 Ll.544.352.~ Total Amount of Perfonnance Guarantee: 9Tn~ 31~SVJM3N dO N~~ OC9lLn9 9nn a:nT C'R/anlln " I,' . ' " ~"' \ Schedule "J" , -2- PHASE F THE DEVEL PMENT OF THE LAND PERFORMANCE GUARANTEE The Performance Guaranlee for the Works shall be based on the preliminary Works Cost Estimates which have been submilled to the Direclor by the Owner's Engineer and approved by the Direclor. When the Engineering Drawings and the Landscaping Plan bave been approved by the appropriale Direclor as is required by tbis Agreement, a revised Works COSl Eslimates for tbe conSlruclion and installation of Works sball be prepared by the Owner's Engineer and submilled to lbe Director for approval. Tbe revised Works Cost Estimates shall be used as a basis 10 adjust the Performance Guarantee, in the event of an increase or decrease in the Works Cost Estimates. ,I Ill. \-". t" I SCHEUIILE "K" . TIllS SCHEDUJ.E IS SCHEDULE "K" to the Agreement which has been authorized and approved by By-law N'o. 92-217 of the Corporation of the Municipality of Clarlngton, enacted and passed the 9th day of November, 1992 INSURANCE REQUIRED 1. 1YPES OF COVERAGE REOUlRED The Owner shall obtain and malntaIn Insurance of the cbaracter commonly referred to as public liability and property damage with an insurance company approved by the Town's Treasurer and licensed in Ontario to underwrite such insurance and containing terms and conditions whicb are acceptable to the Town's Treasurer. Such policy or policies of insurance shall indemnify the Town 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 resl1:1ts from the storage, use or hanclli ng 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 disposnI 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 other property of the Town or to tbe 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. . " .: "'.lr ; .. " . 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 Town and shall provide the following minimum coverages ~or 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 Town 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 building 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. 4. TERM OF INSURANCE The term of the required insurance shall commence no later than the day on 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 of the Works contemplated by this Agreement. -i . I , . SCHEDULE ilL" . THIS SCJlED't1LE IS SCHEDULE ilL" to the Agreement which has been authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of Clarington, enacted and passed on the 9th day of November, 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 Town7s Design Criteria, Standard Drawings and Specifications or any revisions tbereof and all applicable legislation, in addition to any requirements set out in this Agreement. z. SAFE~ The Owner sball ensure that all construction pursuant to and associated with . this Agreement is carried out in conformance with the Occnpational 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 obtained and are valid and in good standing. 4. REQUIREMENTS FOR BLASTING Prior to commencing any blast.ing, the Owner sball obtain from the Director, pennission to cany 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. BTO/p] 31J.SV:>A\3'N .:10 N/\\l OC80 C~9 OH.g, n:Ol C6/90/LO ,I 1jA "'"~. '" i ... 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 Town 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 Town 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 the 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 Town the amount of money for it is invoiced. 8. QUALITATIVE 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, Town's Design Criteria and Standard Drawings, or in cases where such criteria are not specified by the Town, 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, 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 .: f. ~ t ~ Schedule "L" -3- 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 qualitative or quantitative tests on behalf of the Town, 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 Town 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 satisfaction 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 agrees not to commence replacement of base asphalt paving later than December 1st nor to 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. 11. MAINTENANCE. CLOSING AND USE OF EXTERNAL ROADS The Owner shall, at all times during the life of this Agreement ensure that all public roads abutting the said Lands and all public roads used for access to the said Lands, during any construction on the said Lands, shall be maintained in a condition , , , ~ . AI 'l Schedule "L" -4- equal to that existing on the date as of which this is Agreement is made and to the approval of the Director. The Owner shall maintain, at all times, all such roads free of dust and mud originating from the Lands during the course of construction. If damaged, the Owner agrees to restore immediately, and at its own expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Director. No public road outside the limits of the said Lands shall be closed without the prior written approval of the authority having jurisdiction over such public road. The Owner agrees not to use or occupy any untravelled portion of any public road allowance without the prior written approval of the authority having jurisdiction over such public road allowance. 12. MAINTENANCE OF INTERNAL ROADS 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 Town, 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. , .' ~ SCHEDULE ~ I. 'IHIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been au1horized and approved by By-law No. 92-217 of the Corporation of the Municipality of OmingtoD, enacted and passed on the 9th day of November, 1992 USE OF um LANDS The Owner agrees that the said Lands shall not be used for the pmpose other than as set out in the following table: LOT OR BLOCK NUMBER ON 18T..90010 PLAN PERMITTED LAND USE Lots 1 to 138, inclusive Blocks 139 to 146 Residential, ;-:: single family semi- detached or townhouse units Blocks 152, 153, 154, 155, 156, 157, 158 161, 162, 163, 166, 147, 148, 149. 150, 151 Blocks shall be developed in conjunction with the development of adjacent lands and until developed shall be maintained by the Owner in a reasonable condition.. Block 164 School Block 165 Park Block 167 Street Widenings Blocks 168, 169 and 170 to 178 0.3 m Reserves 6TOrpj 31LSV~M3N dO NML OC90 CZ09Tt~ 6::0T _ CO/90/LO '_ r 1\'1' SCHEDULE ~ f ~.. . t I THIS SCHEDULE IS SCHEDULE "N' to the Agreement which has been authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of Cbuington, enacted and passed on the 9th day of November, 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 followi.ng 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 181'-90010 -PlAN lAND USE Blocks 147. 148, 149. 150, 151. 152, 153, 154, 155, 156, 157, 158, 161, 162, 163 See Schedule "M" Lots 1 to 5, 14 to 19, Blocks 145, 146, 147 The Owner shall not require building permits to be issued until Sandringbam Drive has been constructed to a full urban cross-" section, intersecting with Granary Lane to the satisfaction of tbe Director of Public Works. Blocks 152 to 155 The Owner shall not require building permits to be issued until Avondale Drive has been "'extended easterly beyond the limits of draft Plan of Subdivision 18T-90010. Inocks 156 to 163 The Owner shall not require building pennits to be issue~ until Field crest Avenue has been extended beyond the limit of draft Plan of Subdivision 18T-90010. O~O III 31~SY~M3N dO NM~ OC90 CZ9 9TJtQ, 6Z: OT - C6/901 LO " . .' . " '-.. . ~ SCHEDULE trOw J . THIS SCHEDULE IS SCHEDULE wOw to the Agreement wbich has been authorized and approved by By-law No. 92-217 of The Corporation of the Municipality of Clarlngton, enacted and passed the 9th day of November, 1992. LAND REOIDRING 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 ]~rnds listed in the following table until a Site Plan Agreement bas been entered into with tlle Town and the building permit complies in all respects with the terms of the Site PIan Agreement LOT OR BLOCK NUMBER ON 40M PLAN HOIl1 31~SVOM3N dO NM~ oc~o r.7.fl flH.O. n"~nT i'tt~^^/J^ , . I I . II t.' SCHEDULE "e" f ':. '~'.. . THIS SCHEDULE IS SCHEDULE "Pit to tbe Agreement which has been ~LUthorized and approved by By-law No. 92-217 of the Corporation of the Municipality of Qarington. enacted and passed on the 9th day of November, 1992. CONTRIBUTION TO COURTICE SOUTIJ DRAINAGE. OJITFALL SYSTEM The "Courtice South Drainage 0u1fall System" comprises the stormwater management works for the Newcastle Co-Tenancy Subdivision (18T-76027), Whitecliffe Subdivision (18T- 84029 and 18T-85032), Cedaxbrooke Subdivision (18T-87034). Castle Heights Subdivision (18T-88038), Fieldstone Subdivision (18T-90010), Dekkema Subdivision (18T-89080) and Courtice Mill Subdivision (18T-90035). It includes the construction of a stormwater detention facility and oversized stormsewers proViding capacity for future development lands in the watershed. The Courtice South Drainage Outfall System required the preparation of a stormwater management report specifying inlet control deY.lces and catch basins to permit additional areas to make use of the existing capacities. The stormwater management report was prepared by G.M. Semas & Associates Lt~ dated July 1987 and 3S amended nnd finally approved is on file with the Director. The cost of the Courtice South Drainage Outfall System includes cons1J:uction, land ncquisition. engineering fees, legal fees, letter of credit fees and financial charges. The total cost of this System and the aforesaid stormwater management report as wen as the Owner's sbare thereof referable to the I....ands are set out in the "Newcastle Co-Tenancy Cost Apportionment Report" prepared by G.M. Semas & Associates Ltd., dated October 1991. . as approved by the Director, updated from time to time to the satisfaction of the Director ,md on file with the Director. The portion of the Owner's share of the cost as of April 30, 1993 determined in accordance with the Newcastle Co-Tenancy Cost Apportionment Report as of March 30, 1993 which is referable to Phase 1 of the Development of the Lands is two hundred and fifty thousand, eight hundred dollars and three cents ($250,800.03) plus an amount equal to the product of the amount of thirty-nine dollars and ninety-three cents ($39.93) and the number of days that elapse between April 30, 1993 and the day on which thiS Agreement is made. " With respect to each Pbase Subsequent to Phase 1 of the Development of the Lands. the Owner shall pay to the Town a connection fee to permlt the connection of the portion of the Storm Water System to be located on the part of the Lands within such Phase to the Courtice South Drainage Outfall System via land then owned by the Town. The Owners share of the aforesaid cost is the amount determined by the Director to be reasonably ~60~ 311SVJM3N dO NMl OC90 no 9n.g, Ot:Ol C8/90/LO ~ I 'I " , I.. ' -..1 ~ Schedule "P" -2- attributable to the portion of the Lands located within the Phase in question in accordance with the Newcastle Co-Tenancy Cost Apportionment Report and shall include interest thereon calculated and determined as provided for in the Newcastle Co-Tenancy Cost Apportionment Report. . , . f ,l I)' aCHEnU:LE "Q" f '" '~ I I 'THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of (]aringtOll, enacted and passed on the 9th day of November, 1992. CONSERVATION ~uraORlTY'S WORKS (1) That prior to final approval of the plan and/or the commencement of site preparation, including any filling, grading or construction of services, the Owner shall obtain Central Lake Ontario Conservation Authority approval of: (a) site grading and storm sewer servicing plans, which detail100-year overland flow routing and indicate conformity with the recommendations of the Robinson Creek Master Drainage Plan: (b) erosion control plans which provide for the on-site containment of sediment during the grading and construction phases of development; and ( c) the tree preservation plan for the site. (2) The Owner shall carry-out or cause to be carried out to the satisfaction of the Central Lake Ontario Conservation Authority; (a) site grading, sediment control, tree preservation and major overland flow routing; and (b) the recommendations of the Robinson Creek Master Drainage Plan as they pertain to tbis site. tzo~ :.:nT$V31\3~ dO N.U.r, nC90 CZ9 UtA Jt:OT C6/90/LO . .. \' .. " f, . SCHEDULE "R" TIllS SCHEDULE IS SCHEDULE "It" to the Agreement which bas been authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of Clarlngton, enacted and passed on the 9th day of November, 1992. ENGUS'EERING AND INSPECITON FEES Estimated Cost of Works Fees Up to $100,000,00 4% to a maximum of $4,000.00 $100,000.00 to $500,000.00 $4,000.00 or 35% of the estimated cost of services _ whichever is greater $500,000.00 to $1,000,000.00 $17,500,00 or 3% of the estimated cost of services _ whichever is greater 51,000,000.00 to $2.000,000.00 $30,000.00 or 250% 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 $3,000,000.00 to $4,000,000.00 $67~00.OO or 2% of the estimated cost of services _ whichever is weater For the pmposes of calculating the Engineering and Inspection Fees as contemplated by this Schedule, the estimated costs of WorkS shall include the Cost Estimates as specified in Schedule "J" hereto, and shall include the estimated cost of Region services. The payment of the Engineering and Inspection fees to the Town are subject to the Goods and Services Tax, and therefore an additional seven (7%) percent must be added to the fees calculated using this Scbedule and paid by the Owner to the Town. The Engineering and Inspection Fees are to be paid to the Town 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 Town prior to issuance of the Authorization to Commence Works for the stage in question. f'ZOW! 3"USV~A\::lN dO NA\.L_ ~t'JtLtztL 9n~ TC :OT r.R/OOIIO _ .' . '. r J") ',- I , 5. 6. 7. 8. gZOI'PJ SCHEDlrr.14: "S" . THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of Clarington, enacted and passed on the 9th day of November, 1992. .REGION'S CONDmONS OF. APPROVAL DATED SEP'l'EMBER 151' 19~ 1. That this approval applies to draft plan of subdivision 18T-90010, prepared by D.G. Biddle and Associates Ltd., identified as job number 89097, revised and dated May, 1992, which mustrates 76 lots for single detached dwellings, 6210ts for semi-detached or link dwellings, six blocks for 48 on-street townbouse dwelling units (Blocks 139 to 144), a block for park purposes (Block 165), a block for school purposes (Block 164), nineteen blocks for future development in conjunction with adjacent lands (Blocks 145 to 163), 0.3 metre .reserves (Blocks 168 to 176), a road widening and sight triangles.. ", ~.. That the road allowances included in this draft plan shall be dedicated as public hi~ways. 3. That the road allowances included in this draft plan shall be named to the satisfactiOll of the Regional and the Town of Newcastle. 4. That Block 167 shall be dedicated as public highway for the purpose of widening Trull's Road. That any deadends and/or open sides of road anowances created by this draft plan shall be terminated in 0.3 metre reseT\'e(s) to be conveyed to the Town ofNewcastIe. That the Owner 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-m-lieu of such conveyance. That such easemen~t road widenings and reserves as may be required for utilities, drainage and servicing purposes shall be granted to the appropriate authorities. That a 0.3 metre reseIVe be dedicated to the Municipali1;y of Oarington, free and clear of all encumbrances along Lot 31 abutting Avondale Drive. 31~SV~M3N dO NMt OC90 CZ9 on.g ZC:OT C6/90/LO " " , '. f, . , " Schedule "8" -2- 9. That the land uses shown on the approved draft plan shall be placed in appropriate zoning categories in a Zoning By-law passed by the Council of the Town of Newcastle in accordance with the provisions of the Planning Act, R.S.O. 1990, c.P.13. 10. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Town of Newcastle for review and approval. The Landscape Plan shall reflect the design criteria of the Town, as amended. 11. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Town of Newcastle demonstrating that the proposed development will not adversely impact the existing wells in the surrounding areas. 12. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Town of Newcastle for review and approval. All plans and drawings must conform to the Town's Design Criteria as amended from time to time. 13. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan to the Town of Newcastle for approval. 14. That the Owner shall agree through the Town's Subdivision Agreement that a temporary turning circle be constructed at the terminus of the un-named street, directly abutting Blocks 159 and 160. 15. That the Owner shall agree through the Town's Subdivision Agreement that building permits will not be issued by the Town for Blocks 158 and 162 inclusive until such time the un-named street becomes a through road. 16. That the Owner shall agree through the Town's Subdivision Agreement that building permits will not be issued by the Town for Blocks 154 and 155 until such time as Avondale Drive becomes a through road. 17. That the Owner shall agree through the Town's Subdivision Agreement that building permits will not be issued by the Town for Lots 1 to 5 inclusive, Lots 17, 18 and 19, Blocks 145 and 146 and Block 147 until such time Sandringham Drive is constructed to interest with Granary Lane and completed to a full urban cross-section. 18. That the Owner shall agree through the Town's Subdivision Agreement that where the well or private water supply of any person is interfered with as a result of '- , ,- -- '. 'J ',;', Schedule "8" -3- construction or the development of the subdivision, the Owner shall, at his expense, either connect the affected party to a municipal water supply system or provide a new well or private water system so that the water supplied to the affected party shall be of a quantity and quality at least equal to the quantity and quality of water enjoyed by the affected party prior to the interference. 19. That the Owner shall implement the recommendations of the Acoustic Report entitled "Environmental Noise Impact Statement", prepared by Aerocoustics Engineering Limited, dated August 25, 1992, which specifies the necessary noise attenuation measures for the proposed development, and that noise measures be included in the Subdivision Agreement between the Owner and the Town of Newcastle. The said agreement must also contain a full and complete reference to the noise report (i.e. author, title, date and any revisions thereto) and shall include any required warning clauses identified in the acoustic report. 20. That the Owner shall agree through the Town's Subdivision Agreement that prior to the issuance of building permits, the Owner shall, through its acoustic engineer, provide certification to the Town of Newcastle and the Region of Durham, that the Builder's plans are in accordance with the Acoustic Report as approved by the Ministry of the Environment, Region of Durham and the Town of Newcastle. 21. That prior to final approval of the plan and/or the commencement of site preparation, including any filling, grading or construction of services, the Owner shall obtain Central Lake Ontario Conservation Authority approval of: (a) site grading and storm sewer servicing plans, which detail lOO-year overland flow routing and indicate conformity with the recommendations of the Robinson Creek Master Drainage Plan; (b) erosion control plans which provide for the on-site containment of sediment during the grading and construction phases of d~velopment; and ( c) the tree preservation plan for the site. 22. That prior to final registration of the plan of subdivision, or anyon-site grading or construction, the Ministry of Natural Resources must have reviewed and approved the following reports describing: r '. "- ~ ". " Schedule "8". -4- (a) the intended means of conveying stormwater flow from the site, including use of stormwater management techniques which are appropriate and in accordance with the Provincial "Urban Drainage and Design Guidelines", April 1987; (b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; ( c) the means whereby erosion. and sedimentation and their effects will be min'imized on the site during and after construction. These means should be in accordance with the Provincial "Guidelines on Erosion and Sediment Control for Urban Construction"; (d) site soil conditions, including grain size distribution profiles; and . (e) site grading plans. 23. That the Owner shaIl enter into a written agreement with the Northumberland and Newcastle Board 'of Education which provides for the arrangements for the acquisition of Block 164 of the approved plan for a school site. 24. That the Owner shaIl provide to the satisfaction of the Northumberland and Newcastle Board of Education, information concerning the grading plan for the schoolsite on Block 164. 25. That prior to final approval of this plan, the Owner shall satisfy all requirements, financial and otherwise, of the Town of Newcastle. This shall include, among other matters, the execution of a Subdivision Agreement between the Owner and the Town of Newcastle concerning the provision and installation of roads, services, drainage and other local services. 26. That prior to entering into a Subdivision Agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 27. That prior to final approval of the plan, the Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a Subdivision Agreement between the Owner '"ti. ..... to;;, '1 ~ ..: '. , · ~""''''..uIule .S" '" I.;"-ON~ -5- and the Region concerning the provision and installation of sanitaty sewers, water supply, roads and other regional services. 28. That the Subdivision Agreement between the Owner and tbe Town of New~tle shall contain, among other matters, the fOllowing provisions: a) That the OWner shall carry.out or cause to be carried-out to the satisfaction of the Central Lake Ontario Conservation Authority: i) site grading, sediment control, tree preservation and major overland flow routing; and, ill the recommendation of the Robinson Creek Master Drainage Plan as they pertain to this site. quality or quantity of water enjoyed by the b) That the owner agrees to implement the works referred to in Condition 22. c) That the Owner agrees to maintain all st.ormwater management and erosion and sedimentation control structure operating and in good repair during the cOnsttuction period, in a manner satisfactory to the Ministry of Natural Resources. d) That the Owner agrees to notify the appropriate Ministry of Natural Resources office at least 48 hours prior to tbe initiation of any on-site development 29. 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) the Municipality of Oarington, how Conditions 1, 2. 3, 4. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,20 and 2S have been satisfied; b) the Central Lake Ontario Conservation Authority, bow conditions 21 and 28a) . have been satisfied; c) the Ministry of Natural Resources, how Conditions 22. 28b), 28c) and 28d) have been satisfied. LZOIll allSVJM3N dO NMl ~J1C80tZ9 9n.n (:(::OT r'R/Clnlln " I" -- '. , . .,' " . , . ., f 'S C H E D U L E "T" THIS SCHEDULE IS SCHEDULE "T" TO THE AGREEMENT WHICH HAS BEEN AUTHORIZED AND APPROVED BY BY-LAW NO. 92-217 OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON. TREE PRESERVATION PLAN (Not Used) no~ L '. . . '. .~ ~. f... I SCHEDULE "U' THIS SCHED~ IS SCHEDULE '1J" to the Agreement which has been authorized and approved.by By-law No. 92-217 of the Corporation of the Municipality of ClaringtoD, enacted and passed on the 9th day of November, 1992. LANDSCAPING PLAN (See Attached) 31LSV~M3N dO NAU -- -- -- . oteoll9 9n.a. te:OT r.R/AhIIO TRL:LL'S FlOAD JI,3' 1((31 .Jl,J1 1((.31 .11,31 I(~JI J(JJ K(3) Jill ~~~~m~I",," &l.0H9 ;r"'~~ r~-~-~-~-~-~-~"~"~-~"~-~-~"~";~~~~~~~~~~~~ ~I ':,/ I I : " , ii' .." .: '" &ASC&-fIT=C~nsr:.0:::~<D:"'. 0' . : L'=-=-_~--8 i i~-~~~1D (D:~~:-t~C~;':' ((-;-;~-;-:-;~~~'--=--;-i-'-~:-;i::-~~;-~-;T~-i-~W ! r-~~o~-1 :_~U_ ['., 0 I ; .\-....::...-.:::..:::'-~.~ ) ) ,-~--=-=.-~.~ IJ9 0 m! i 18l.00( lf6 I , ill; : !llOCX U~ i I ,L I I keel: tu I I I \!J @ I 'J I ~.~.:-=-=-:::.-M I i , ~: [~~~~J @ (0 [~~~~J ~ ~==-=-:~: i: ~__;_~_~_~lL~ "~l_~_~_'_~_l_~~j~l_~_~_~j_l_l_: i i ! ~F~,=~~.J L_~__j:1i CD ! ~ f-- r=--=,I I I -,-=-= -j ,'" 0 @- - - - -, - - -1'-- - - ---@ 0: " : f--'r=-c=-i' IJ I ~ L: ,.. I 0 0 I 71 ~ d-'~~-~ t \ I {-~-l""-r-r;-,-r""'I-""'-T-;-]-.,-r-r-"l1l-i-"""'-"-T-r-r-, ~ I I ~-===-~_j \ .. ~! 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T~"'."'''''_.l/ll_ ~~~;.,~t~ 01 ~aLl.....""""'~"" J1Itt_r.(lf)ef_I'U..l..ttw Cl:lof'I..lTI Muco .Jf\'!I..~r..l~ 'lI,.l-"'I: <oG . ... ..tCM " ",n..ocTcaT<<In<rl:~.....oo(T&;T =~ ;:-....~~'=., rI'_vmUZlaOP'.IU,.OO evr_....-e:.........,-.r~ ~~... "'-""'0. .IOn. IIU'Nlf: '" _CUUD 't-., eo.tC1' 1.oacPn.uD .IOn. T1~.~l'I:ICIl.fTl lIEI'''IlU__t-.o_ ~F:llt!t6l""'T1 ~'Ql\iI("{'l'.bC,Ilt 'n.:.lIlf'l1lo7~,.It.f'I'II =0';;= " a- Qbi1 = ::i..4a"~~rm __IlWC:>O"''''TOAlffAlIO = :~7lU.~il-== =. ou.. .~ .-c "'" ..bIT OECIOUOUS TREE SECTION N. LS. .-rlll&.mo1'>o01fllI. r~ ,...._ _ 111/0(_ IA~ ~~. S(c.-l! ....... .UlI ... II .........ltaI .tllll oc.um Ol l_aL\. ...........____ _!lU iTo.j11I ~ =- ~ -::;,r ~MJ.. TO ~~~~~Ar ~tNl~~~:.~lTte .rI'lVl"IU._........,.... evr_-..........._. v'"....... """r_ .lOa. -.lKTWW: .. .u:UJ,ED 1IeMlUT _oa. I1f eo.&I;TU1 __4....1Clllro~'fHI trT"'ft__tl'O~ _"1101500.......10 --"""""" 'U'lol.T ~o(T 1ooOI"n.ua SOl\. TQi"'lVOlTHII~n PLANT LIST KEY BOTANICAL NAME COMMON NAME NUM SIZE CON[ REMARKS . "CER PuT.\NQlDES 'CESOR.t.H' CE3C~.t.H ~RifA'( ",,,Pt.!:: 3< 50HM C lL sa a iCER SACCHARuM SUG.t.R ~"~E 2. C .llolCL.lN011 St C.lNJ.OENS I S C.t.N.lO UN SE::Iv ICEBEtlAV 15 0 FRAXall.JS P€'NNSYlVANICA 'PATMORE' g~rMQAE .lSH 23 E GINGKO atLOB,l 14"IOE~"H~ T~EE. 17 F GLt'""DITSU '!'lUJ.CANfHOS .SliN8liRsr SU",BeRST HeNEY-l.OCUST 2' G Pfll:NUS vIRGINIANJ. 'SHUBERT' SHUeEAT CHCKECi-'ERRY 32 H SYRINGA AETICtA.AU . IVORY SILK. IVORY 5IU<' TPEC: L ruc 13 I TIlIA GL:!<ol.EVEN GlE~E:'iEN L!.~E~ 33 J PICEA ....aIEs NOl=l\ljAV SPRUCE 15 20001 toIT .a K PICE... ~NS 'Gl"-t..'CA. 3LuE CCL':R,l,Ca SP%CE 15 20001 ''IT sa GENERAL NOTES: L ACTUAL PLANTING I..OCATIONS MAY VARY DUE TO ORIVEWA.YS ANO/OR UTILITY LOCATIONS. 2. TREES "FIE TO BE PUNTED A MINIMUM DISTANCE OF: U 2.0. FROM THE EDGE OF A DRIVEWAY 111 5.011 FROM A LIGHT STAMJARO 1111 3.011I FROM " HYDRO TRANSFORMER 1'11) 1. O. F~CM A WA. TER HYDRANT vJ 18.011 TO FACE OF A STOP OR YIELD SIGN ~U 15.011 FROM AH INTERSECfION 3. ON 90. BENDS, THE HA TtJRE TREE CROWNS ARE TO SH.Y OUT Or THE OUL1GHT TRIANGLE, .c. CONTRACTOR TO STAKE PROPOSED TREE LOCATIONS ANO CONTACT THE TOWN OF NEWCASTLE. PUBLIC NORKS OEP~TMeNT. 2 04.YS PAIOR TO P\..ANTING IN ORDER THAT THE TONN CAN AEvIEW THE LOCATIONS. ~lCle. ~~. UG. Lt. I~~.... k. n!. t1rt UT'I IrAT'I =~,..=.:: :..a.~ OPcno:n~ =~.u:c~~..~= ~ ~tsICM "".. ... "'" '" !:lEe IliA " 9O'Tln'.OUSloc.rm .3.'. ,",va " TlU....ANTI,.."'OISI:JlO 0.'. .otI'In,SI .. !'1IO:lI\..Ufftl'Ol;lf'VUllJll .0.' otI'Ill/SI oJ l;lftI'lAHTf"'~It(:JIO .Q,' .I.l.'llIltr1: .. ~IIII['IUttlN!l .0_'. .. . .'-~ ,. ~E",.""ltIOI"'OISllJll .. - J.A.'IllSCAJ'tl0'!SlQ< (X)Nst:tVJION..I'PDJICT~ ~ MNIEL J. O'BRIEN "ASSQa!JES I:m L\NllSCAP!~ -......."""" 1CIa'NlJ<<~'-"-\" ......-.... tJ\ (\ t: ~ c r ~ ". 1t01SII a.u:.ln Pnl'C"t' AS COII'TIUIn'D r. Tn .015. S"r'lllJ1' J:&"P'OllT .urn IU'P1IOYD aT 1'W'a TOWW OP~_ -...:'1" FIELDSTONE SUBOIVISION COURTICE. ONTARIO r'De t.AIft)S(:IU'lJ'Of't.oUl ..'" ,,"'t_ -...:T ... ODI_ 0.0.'. 92-012 ...... IU.... OEo<m 0.0.'. ow. _. L10F 2 "'" 1:1000 c . '.... " < . I. j. .I sr;JffinULE WV" TIns SClffinULE IS SCHEDULE KV" to the Agreement which has been authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of Oarington, enacted and passed on tlle 9th day of November, 1992 REOUIRE~S OF OTHER AGENCIES MINISTRY OF NATURAL RESOURCES (1) That prior to final registration of the plan of subdivision, or anyon-site grading or construction, the Ministry of Natural Resources must have reviewed and approved the following reports describing: a) The intended means of conveying stonnwater flow from the site, including USe of stormwater management techniques which are appropriate and in accordance witb the Provincial "Urban Drainage and Design Guidelines", April 1987; b) The anticipated impact of the developmeIlt on water quality, as it relates to fisb and wildlife habitat once adequate protective measures have been taken; c) The means wlJcrcby erosion and sedimentation and their effects will be minimized on tJle site during and after construction. These means should be in accordance with the Provincial "Guidelines on Erosion and Sediment Control for Urban Construction". d) Site soil conditions, including grain size distnbution profiles; and e) Site grading plans. (2) a) The Owner agrees to implement tbe works referred to in Condition 1 above. b) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structure operating and in good repair dUQng the construction period, in a manner satisfactory to the Ministry of Natural Resources. c) The Owner agrees to notify the appropriate Ministty of Natura1 Resources office at least 48 hours prior to the initiation of any on-site development oco~ 311.SV:),\\3N dO N.\\.L OC90 c~p OH.a. c~:nT Pd,^^,.^ , I I. " Schedule "V" -2- NORTHUMBERLAND 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 arrangements for the acquisition of Block 164 of the ~pproved plan for a school site. 2. That the Owner shall provide to the satisfaction of the Northumberland and Newcastle Board of Education, information concerning the grading plan for the school site on Block 164. " I L ,. SCHEDULE "W" THIS SCHEDULE IS SCHEDULE "W" to the Agreement which has been authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of Clarington, enacted and passed on the 9th day of November, 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 corners 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, paste! range, grey /black 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%) percent 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. , ,0:- . , .~ ... 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 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.