HomeMy WebLinkAbout94-29
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 94-29
being a By-law to authorize the entering into of an Agreement with H. Kassinger
Construction Umited the Owner of Plan of Subdivision 18T -89094 and the Corporation
of the Municipality of Clarington in respect of Plan 18T -89094.
The Council of the Corporation of the Municipality of Clarington enacts as follows:
1 . THAT the Mayor and Clerk are hereby authorized to execute on behalf of the
Corporation of the Municipality of Clarington, and seal with the Corporation's seal, an
Agreement between H. Kassinger Construction Limited the Owner of Plan of Subdivision
18T-89094 and the said Corporation in respect of Plan of Subdivision 18T-89094;
2. THAT the Mayor and Clerk are hereby authorized to Accept, on behalf of the
Municipality, any conveyances of lands required pursuant to the aforesaid Agreement.
BY-LAW read a first time this 28th
day of February ,1994.
BY-LAW read a second time this 28th
day of February
,1994.
BY-LAW read a third time and finally passed this 28th day of February ,1994.
,1/l.#J~)~~L
YOR
CLERK
THE CORPORATION OF
THE MUNICIPALI1Y OF CLARINGTON
SUBDIVISION AGREEMENT WITH
H. KASSINGER CONSTRUCTION LIMITED
DRAFT PLAN OF SUBDMSION NO. 18T-88094
NOW
PLAN 4OM-1780
THE CORPORATION OF THE MUNlCIPALI'lY OF CURINGTON
SUBDMSION AGREEMENT WITH
H. KASSINGER CONSTRUCTION LIMITED
DRAFT PLAN OF SUBDIVISION NO. 18T-88094
NOW
PLAN 40M-1780
INDEX
1. Subdivision Agreement registered on June 15, 1994 as Instrument No. LT 683072.
2. The solicitor's certificate of title dated May 24, 1994.
3. Inhibiting order registered on August 15, 1994 as Instrument No. LT691162.
4. Transfer of easement for year yard catchbasins and storm sewers (Part Lots 21 and
22) registered on June 27, 1996 as Instrument No. LT759854.
DYE & DURHAM CO. LIMITED
Form No. 985
.,. .,.
J.-~ Province
~.~of
;jf~ Ontario
Document General
Form 4 - Land Registration Reform Act, 1984
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(1) Registry 0
(3) Property
Identlfler(s)
Land Titles ~ T (2) Page 1 of q~ pages
Block Property
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Additional:
See 0
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(4) Nature of Document
Notice of Subdivision Agreement (Section 71 of the Act)
(5) Consideration
Dollars $
(6) Description
(3t.~.1C..
Firstly: Parcel 119-/, Section 10M-809, being Block 119, Plan
10M-809, Municipality of Clarington, Regional Municipality of
Durham,
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New Property Identifiers
Additional:
See 0
Schedule
Secondly: ParceI222-1, Section 10M-826, being Block 222, Plan
10M-826, Municipality of Clarington, Regional Municipality of
Durham
Executions
Additional:
See
Schedule
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(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
i: (b) Schedule for:
Additional
o i Description,g] Parties D Other IZl
(8) This Document provides as follows:
THE CORPORA nON OF THE MUNICIPALITY OF CLARINGTON has an unregistered estate, right,
interest or equity in the land registered in the name of H. KASSINGER CONSTRUCTION LIMITED as
Parcel 119- , in Section 10M-889 and Parcel 222- , Section 10M-826 hereby applies under Section 71
of the Land Titles Act for entry of a Notice Subdivision Agreement in the Register for the said Parcel.
Continued on Schedule 0
(9) This Document relates to instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
THE CORPORATION OF THE MUNICIPALITY
. . . OF CLARINGTON by.its solicitors. . . . . . . . . . . . .
SIDBLEY RIGHTON per Nicholas T. Macos
Signature(s)
Date of Signature
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Nicholas T. Macos
(11) Address
for Service
40 Temperance Street, Bowmanville, Ontario L1e 3A6
(12) Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
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(13) Address
for Service
(14) Municipal Address of Property
not assigned
(15) Document Prepared by:
Shibley Righton
Barristers & Solicitors
Suite 1800, 401 Bay Street
Toronto, Ontario M5H 2Z1
Attention: Nicholas T. Macos
I~ Fees and Tax
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DRAFT #2
April 6, 1994
THIS AGREEMENT made in quintuplicate as of this _ day of
, 1994.
BE1WEEN:
THE CORPORATION OF THE MUNICIPALIlY OF CLARINGTON
- and -
H. KASSINGER CONSTRUCTION LIMITED
SUBDIVISION AGREEMENT
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TABLE OF CONTENTS
ARTICLE 1 - INTERPRETATION AND SCHEDULES . . . . . . . . . . . . . . . . . . . .. 3
1.1 Definitions. . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . .. 3
1.2 Schedules. " . . . . . . . . . . . . . " " . . . . " . . . " . . " . . . . . . . . . . . . . . . . " . _ 9
ARTICLE 2 - GENERAL ........................................... 10
2.1 Recitals in Operative Part of Agreement ...................... 10
2.2 Certification of Ownership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
2.3 Copy of Plan and Agreements Required ...................... 10
2.4 Transfer of Easements . . . . . " . " " . " . . " . . " " " . . . " . . . . . " " . " " " ." 11
2.5 Transfer of Lands ....................................... 12
2.6 Registration of Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
2.7 Not Used "......"..."."".""."....."""""""..""..""""".. 12
2.8 Charge on Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
2.9 Registration of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
2.10 Renegotiation and Amendment of Agreement .................. 13
2.11 Municipality to Act Promptly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
2.12 Assignment of Agreement ................................. 14
2.13 Replacement of Draft Plan with Final Plan(s) .................. 15
2.14 Notification of Owner .................................... 15
2.15 Not Used """...."......"..........""................." 16
2.16 Successors"....""."."....."......."."."""."."."."...".. 16
ARTICLE 3. FIN.AN'CIAL .."....".."".""."....""...""....".."..."". 16
. 3.1 Payment of Taxes ....................................... 16
3.2 Payment of Local Improvement Charges ...................... 16
3.3 Payment of Drainage Charges .............................. 16
3.4 Payment of Development Charges ......... . . . . . . . . . . . . . . . . .. 17
3.5 Not Used ............................................. 17
3.6 Performance Guarantee Required ........................... 17
3.7 Use of Performance Guarantee. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
3.8 Indemnification of Municipality . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
3.9 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
3.10 Maintenance Guarantee Required. . . . . . . . . . . . . . . . . . . . . . . . . .. 19
3.11 Use of Maintenance Guarantee. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20
3.12 Reduction and Release of Performance Guarantee .............. 20
3.13 Reduction and Release of Maintenance Guarantee .............. 22
3.14 Payment of Municipality's Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
3.15 Unpaid Monies ......................................... 23
3.16 Occupancy Permit Deposit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23
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ARTICLE
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
ARTICLE
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
5.18
5.19
5.20
5.21
5.22
5.23
5.24
ii
4 . PIANNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
\
Not Used ............................................. 25
Landscaping Plan and Landscaping Requirements ............... 25
Use of Lands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
Lands Unsuitable for Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
Lands Requiring Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
Requirements for Building Permits .......................... 27
Model Homes . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . .. 30
Architectural Control Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31
Requirements for Sale of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31
Requirements for Occupancy Permit ......................... 32
Cash in lieu of Lands for Park or Other Public Recreational
Purposes . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34
Special Conditions .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34
S . PUBLIC WORKS.......................... . . . . . . . . . . .. 35
Municipality Works Required .............................. 35
Utilities and Services Required ............................. 35
35
37
37
38
39
39
40
40
43
43
44
45
45
45
45
47
48
48
50
50
51
52
Owner's Engineer .......................................
Design of Works ........................................
E. . D .
ngIneenng raWlngs....................................
Approval of Grading and Drainage Plan ......................
Staging of Construction ....................... . . . . . . . . . . . .
Approval of Schedule of Works. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of Works Cost Estimates and Stage Cost Estimates. . . . . . .
Requirements for Authorization to Commence Works ............
Requirements for Commencement of Subsequent Stages of Works . . .
Inspection and Stop Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Construction in Accordance with Engineering Drawings . . . . . . . . . . .
Sequence of Construction of Works. . . . . . . . . . . . . . . . . . . . . . . . . .
Completion Time for Construction of Works ...................
Additional Work .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Incomplete or Faulty 'Yorks and Liens .......................
Acknowledgement Respecting Emergency etc. Repairs . . . . . . . . . . . .
Damage to Existing Services ...............................
Damage to Neighbouring Wells (Rural Applications Only) ........
Use of Works by Municipality ..............................
Maintenance of Roads after Completion ......................
Requirements for Certificate of Completion . . . . . . . . . . . . . . . . . , . .
Requirements for Certificate of Acceptance. . . . . . . . . . . . . . . . . . . .
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5.25
5.26
5.27
5.28
Hi
Ownership of Works by Municipality . . . . . . . . . . . . . . . . . . . . . . . . .
I
Requirements for Certificate of Release ......................
Not Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cost of Works Referred to in Schedule "G" ....................
s
52
52
53
S3
ARTICLE , - COMPLIANCE WITH REGULATIONS .................... 53
ARTICLE 7 - RESPONSIBILITY OF SUBSEQUENT OWNERS . . . . . . . . . .. 54
ARTICLE 8 - TIME OF ESSENCE
ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F'
Schedule "G"
Schedule "R"
Schedule "I"
Schedule "]"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "Q"
Schedule "R"
Schedule "S"
Schedule "T'
Schedule "U"
Schedule "V"
Schedule "W"
SCHEDULES TO AGREEMENT
"Legal Description of the Lands"
"Plan of Subdivision (reduction)"
"Charges Against the Lands"
"Schedule of Payment of Development Charges"
"Transfer of Easements"
Not Used
"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"
Not Used
Not Used
"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"
54
54
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" Subdivision Agreement
Page 2
THIS AGREEMENT made in quintuplicate as of this
day of
, 1994.
BET WEE N:
THE CORPORATION OF THE MUNICIPALI1Y OF CLARINGTON
(hereinafter called the "Municipality")
OF THE FIRST PART
- and -
H. KASSINGER CONSTRUCTION LIMITED
(hereinafter called the "Owner")
OF THE SECOND 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 there are no mortgagees or chargees
of the Lands;
D. The Owner has received the approval of the Regional Municipality of
Durham,. to draft Plan of Subdivision 18T-88094 certain conditions thereto including the
making of Subdivision Agreements with the Region and the Municipality, respectively;
E. The Owner has applied to the Region for approval of a final Plan of
Subdivision of the Lands and to the Region and the Municipality, respectively, for the
making of the aforesaid Subdivision Agreements;
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F. The Owner represents and iwarrants 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 Municipality to satisfy their respective requirements, financial and
otherwise in order to satisfy certain conditions of approval by the Region of draft Plan of
Subdivision 18T-88094;
H. This Agreement is made pursuant to the provisions of Subsection 51(6) of the
Planning Act. It is authorized by By-law No. 94-29 passed by the The Corporation of the
Municipality of Clarington on February 28, 1994.
NOW THEREFORE WITNESSETH THAT in consideration of the premises and
the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of
Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby
acknowledged), the Parties hereto covenant and agree to and with each other as follows:
ARTICLE 1 - INTERPRETATION AND SCHEDULES
1.1 Definitions
(1) In this Agreement the term:
(a) "Applicant" means an individual, an association, a partnership or
corporation who applies for the necessary building permits for the lots or
blocks covered by this Agreement.
(b ) "Appropriate Authority" means the Municipality, the Region, a Ministry of
the Crown in right of Ontario or other authority or agency considered to
be appropriate for the purpose by the Director.
(c) "Assuming Purchaser" has the meaning assigned to it in paragraph 3.16(1)
of this Agreement.
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(d) "Authorization to Comme~ce Works" has the meaning assigned to it in
paragraph 5.10 of this Agreement.
(e) "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.
(f) "Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24
of this Agreement.
(g) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23
of this Agreement.
(h) "Certificate of Release" has the meaning assigned to in it paragraph 5.26 of
this Agreement.
(i) "Commissioner" means the Commissioner of Planning of the Regional
Municipality of Durham.
G) "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.
(k) "Cost Sharing Report" means the "Cost Sharing Report" .referred to in
Schedule "G" of this Agreement.
(1) "Council" means the Council of The Corporation of the Municipality of
Clarington.
(m) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this
Agreement.
(n) "Development Charge" has the same meaning as is assigned to the term in
the Development Charges Act R.S.O. 1990, c. D.9.
(0) "Development Charge By-law" means Municipality By-law 92 - 105 as it may
be amended or replaced from time to time, and the term includes a
successor by-law to By-Law No. 92-105 which is passed under subsection
3(1) of the Development Charges Act.
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(P) "Development Charges Act,l means the Development Charges Act, R.S.O.
1990 c. D.9, as it may be amended or replaced from time to time.
(q) "Director" means the Director of Public Works of the Municipality of
Clarington or his designated representative.
(r) "Director of Community Services" means the Director of Community
Services of the Municipality of Clarington or his designated representative.
(s) "Director of Planning" means the Director of Planning and Development
of the Municipality of Clarington or his designated representative.
(t) "Drainage Act" means the Drainage Act R.S.O. 1990, c. D. 17 as it may be
amended or replaced from time to time.
(u) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of
this Agreement.
(v) "Final Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(w) "First Application" has the meaning assigned to it in Schedule liD" of this
Agreement.
(x) "First Excess Payment" has the meaning assigned to it in Schedule "D" of
this Agreement.
(y) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this
Agreement.
(z) "Second Excess Payment" has the meaning assigned to it in Schedule liD"
of this Agreement.
(aa) "Third Excess Payment" has the meaning assigned to it in Schedule "D" of
this Agreement.
(bb) "40M Plan" has the meaning assigned to it in paragraph 2.3 of this
Agreement.
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I Subdivision Agreement
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(cc) "Grading and Drainage PI~n" has the meaning assigned to it in paragraph
5.6 of this Agreement.
(dd) "Initial Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(ee) "Land Registry Omce" has the meaning assigned to it in Schedule "A" of
this Agreement.
(ff) "Lands" has the meaning assigned to it in Recital A of this Agreement.
(gg) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of
this Agreement.
(hh) "Maintenance Guarantee" has the meaning assigned to it in paragraph
3.10(1) of this Agreement.
(ii) ''Master Drainage Plan" has the meaning assigned to it in Schedule "G" of
this Agreement.
(jj) ''Minister" means the Minister of Municipal Affairs, Ontario.
(kk) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1)
of this Agreement.
(11) "Municipality" means The Corporation of the Municipality of Clarington or
any official, designated by Council to administer the terms of this
Agreement.
(mm) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1) of
this Agreement.
(nn) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph
3.16(1) of this Agreement.
(00) "Occupancy Permit Scale" has the meaning assigned to it in paragraph
3.16(2) of this Agreement.
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Subdivision Agreement
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(Pp) "Occupational Health and Safety Act" means the Occupational Health and
Safety Act R.S.O. 1990 c. 0.1 as it may be amended or replaced from time
to time.
(qq) "Owner" means the Party of the Second Part to this Agreement, its
successors and assigns and when used to refer to a successor or assignee of
such Party, or to another person, an owner includes an individual, an
association, a partnership or a corporation.
(rr) "Owner's Engineer" means a consulting civil engineer experienced in
performing the duties set out in Schedule "I" of this Agreement who or
which is a partnership, association of persons or a corporation that holds
a certificate of authorization, in their or its own name to practice
professional civil engineering and is 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.
(ss) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6
of this Agreement.
(tt) "Planning Act" means the Planning Act R.S.O. 1990 c. P. 13 as it may be
amended or replaced from time to time.
(uu) "Reapproved Engineering Drawings" has the meaning assigned to it in
paragraph 5.5 of this Agreemeht.
(w) "Reapproved Grading and Drainage Plan" has the meaning assigned to it
in paragraph 5.6 of this Agreement.
(ww) "Region" means The Corporation of the Regional Municipality of Durham.
(xx) "Related Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(0) "Road System" has the meaning assigned to it in Schedule "G" of this
Agreement.
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Subdivision Agreement
Page 8
(zz) "Schedule oCWorks" has thd meaning assigned to it in paragraph 5.8 of this
Agreement.
(aaa) "Security Cor the Maintenance Guarantee" has the meaning assigned to it
in paragraph 3.10(2) of this Agreement.
(bbb) "Solicitor" means the Solicitor for the MunicipaJjty.
(ccc) "Stage Cost Estimates" has the meaning assigned to it in paragraph 5.9 of
this Agreement.
(ddd) "Staging Plan" means the staging plan for the Lands approved by the
Director of Public Works pursuant to paragraph 5.11 of this Agreement.
(eee) "Stormwater Management System" has the meaning assigned to it in
Schedule "G" of this Agreement.
(iff) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of
this Agreement.
(ggg) "Street Lighting System" has the meaning assigned to it in Schedule "G" of
this Agreement.
(hhh) 'Temporary Occupancy Permit" has the meaning assigned to it paragraph
4.10(2) of this Agreement.
(Hi) 'Tile Drainage Act" means the Tile Drainage Act R.S.O. 1990, c. T.8 as it
may be amended or replaced from time to time.
Gij) "Treasurer" means the Treasurer of the Municipality or his designated
representative.
(ill) "Tree Preservation Plan" has the meaning assigned to it in paragraph 4.1(1)
of this Agreement.
(111) "Utilities and Services" means the utilities and services referred to in
Schedule "H" of this Agreement.
(mmm) 'Works" has the meaning assigned to it in paragraph 5.1 of this Agreement.
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Subdivision Agreement
Page 9
(nnn) 'Workers' Compensation Act" means the Workers' Compensation Act
R.S.O. 1990, c. W.ll as it may be amended or replaced from time to time.
(000) 'Works Cost Estimates" has the meaning assigned to it in paragraph 5.9 of
this Agreement.
(2) Whether or not it so provides explicitly, every provision of this Agreement by which
the Owner is required to undertake any action shall be deemed to include the words
.. "at the cost of the Owner".
(3) Unless the context otherwise requires when used in this Agreement, the singular
includes the plural and the masculine includes the feminine.
1.2 Schedules
The following Schedules which are attached hereto, together with all provisions
therein, are hereby made a part of this Agreement as fully and for all purposes as would be
the case if they were set out in the text of this Agreement as covenants and agreements:
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "0"
Schedule "E"
Schedule "F'
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "Q"
Schedule "R"
Schedule "S"
Schedule 'T'
"Legal Description of the Lands"
"Plan of Subdivision (reduction)"
"Charges Against the Lands"
"Schedule of Payment of Development Charges"
"Transfer of Easements"
Not Used
"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"
Not Used
Not Used
"Conservation Authority's Work"
"Engineering and Inspection Fees"
"Region's Conditions of Approval"
Not Used
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Schedule "U"
Schedule "V'
Schedule "WI
"Landsca~ing Plan" (reduction)
"Requirements of Other Agencies"
"Architectural Control Standards"
ARTICLE 2 - GENERAL
2.1 Recitals in Operative Part of Aareement
The Owner represents and warrants to the Municipality that each of Recitals A to
G of this Agreement is correct.
2.2 Certification of Ownership
(1) On the execution of this Agreement, the Owner shall provide the Municipality with
a letter signed by an Ontario Solicitor and addressed to the Municipality certifying
as to the title of the said Lands and setting out the names of all persons having
interests in the said Lands and the nature of their interests.
(2) On the execution of this Agreement, the Owner shall provide the Municipality with
a letter signed by an Ontario Solicitor and addressed to the Municipality certifying
as to the title of any land outside the limits of the said Lands, which is to be
conveyed to the Municipality or in which easements are to be transferred to the
Municipality pursuant to the terms of this Agreement.
2.3 Copy of Plan and Aareements Required
On the execution of this Agreement, the Owner shall provide the Municipality with
as many copies as the Municipality requires of the final Plan of Subdivision of the Lands as
approved by the Commissioner, the Minister, or the Ontario Municipal Board as the case
may be. The draft final Plan of Subdivision as proposed by the Owner (the "40M Planll) is
contained in Schedule "B" attached hereto. The Owner shall also furnish to the Municipality
at the time of the execution of this Agreement, one (1) copy of the final Plan of Subdivision
which has marked on it the stamp of approval of the Region, and a copy of the executed
Subdivision Agreement entered into between the Owner and the Region with respect to the
Lands if the aforesaid Plan has been approved and Agreement has been executed by the
Parties thereto at the time of the execution of 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 Municipality with a copy of the aforesaid Plan with the stamp of approval
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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
Municipality, at the time of execution of this Agreement, one (1) copy of each of the
Agreement(s) entered into by the Owner with the Clarington Hydro-Electric Commission
or other authority or company having jurisdiction in the area of the said Lands for the
design and installation of the Utilities and Services, or, if such Agreement(s) have not been
executed at the time of the execution of this Agreement, the Owner shall provide the
Municipality with one (1) copy of each such Agreement(s) immediately after each such
Agreement(s) is executed by the Parties thereto.
2.4 Transfer of Easements
(1) On the execution of this Agreement, the Owner, at its cost, shall deliver to the
Municipality the executed transfers of easements which are set out in Schedule "E"
and shall pay to the Municipality in cash or by certified cheque the amount which is
equal to any tax, fee or cost payable at the time of or in respect of the registration
of such transfers against the title to the lands to which they apply. Such transfers
shall be free and clear of all encumbrances and restrictions, shall be made for a
nominal consideration, shall contain provisions satisfactory to the Municipality's
Solicitor, and shall be in registerable form.
(2) If, subsequent to the date of registration of any Plan of Subdivision of the Lands or
a plan(s) of subdivision of any part(s) thereof, but prior to the issuance of a building
permit(s) for building(s) proposed to be constructed on a particular lot(s) or block(s),
in the opinion of the Director further easements in such lot(s) or block(s) are
required to be transferred to the Municipality, the Region of Durham, the Clarington
Hydro-Electric Commission or other appropriate authority or company for
Municipality purposes, Region of Durham purposes or for Utilities and Services, as
the case may be, or for drainage purposes, the Owner agrees to transfer to the
Municipality, the Region of Durham, the Clarington Hydro-Electric Commission or
other appropriate authority or company, as the case may be, such further easement(s)
forthwith after a written request to do so is given to it by the Director.
Notwithstanding the foregoing, the Director shall not request such further
easement(s), if its creation would prevent the erection of a dwelling on any part of
a lot(s) or block(s) shown on the Plan. If further easements are requested to be transferred to the Municipality, the Region of Durham, the Clarington Hydro-Electric
Commission, or other appropriate authority or company, as the case may be, the
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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 Municipality
executed transfers, sufficient to vest in the Municipality title in fee simple absolute free and
clear of all encumbrances and restrictions, of the lands set out in Schedule "F' hereto and
shall pay to the Municipality in cash or by certified cheque an amount of money which is
equal to any tax, fee, or cost payable at the time of or in respect of the registration of such
trarisfers against the title to the lands to which they apply. All transfers referred to in this
paragraph 2.5 shall contain provisions to the satisfaction of the Municipality's Solicitor, shall
be made for a nominal consideration, and shall be in a registerable form.
2.6 Redstration of Transfers
The transfers of easements and lands referred to in paragraphs 2.4 and 2.5 shall be
prepared by the Owner and shall be registered at the Owner's expense, at the same time as
the Plan is registered. If such transfers are of or in respect of lot(s) or block(s) which are
to be defined on the final Plan of Subdivision of the Lands when the Plan is approved and
registered against title, the registered number of the Plan shall be left blank and the Owner
hereby authorizes the Municipality to insert such Plan number after registration of the Plan.
2.7 Not Used
2.8 ChaI'Je on Lands
The Owner hereby charges all its interest in the Lands with the obligations set out
in this Agreement.
2.9 Redstration of Aareement
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)
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against the title to the Lands or the relevanf portion(s) thereof as the case may be, in order
to give further effect to the foregoing and acknowledge that the Municipality has reasonable
cause to register an Inhibiting Order(s) or Caution(s) as the case may be.
2.10 Reneiotiation and Amendment of A&reement
(1) Following the occurrence of any of the events set out below in this paragraph 2.10
(the "Renegotiation Events"), the Municipality may give written notice to the Owner
requiring that particular provisions of this Agreement specified in the notice shall be
renegotiated and, if necessary amended by the Parties. No later than the expiry of
the ten (10) day period following the date on which such notice is given, the Owner
will cease and will require all persons with whom it has a contractual relationship to
cease constructing and installing the Works referred to in such written notice until
the specified provisions of this Agreement have been renegotiated and any necessary
amendment(s) made to this Agreement. The Renegotiation Events are the following:
(i) the Region, the Minister, or the Ontario Municipal Board approves a final
Plan of Subdivision for the said Lands which the Municipality considers to be
substantially different from the 40M Plan proposed by the Owner;
(ii) the final Plan of Subdivision is not approved by the Region and registered
against the title to the Lands within eighteen (18) months after the date as of
which this Agreement is made;
(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 h~ been so
executed, it is amended subsequent to the date as of which this Agreement is
made, the provisions of such Subdivision Agreement between the Owner and
the Region, in the opinion of the Municipality, affect materially the location
or sizing of any of the Works to be supplied and installed under the terms of
this Agreement; or
(iv) construction or installation of any of the Works has not commenced within
two (2) years from the date of registration of the final Plan of Subdivision of
the Lands against the title to the Land;
Forthwith after the giving of written notice as aforesaid requiring the renegotiation
of specified provision(s) of this Agreement, the Owner and the Municipality will
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renegotiate the same in good faith' and with expedition. In the event that the
renegotiation 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
Municipality may give the Owner written notice declaring this Agreement to be
terminated whereupon it shall terminate.
(2) On . the termination of this Agreement by the Municipality declaring it to be
terminated in accordance with paragraph 2.10(1), none of the Parties hereto may
make any claim against the Municipality for damages for any loss or cost or make
any claim against the Municipality for compensation in respect of any of the Works,
whether located in whole or in part on land in which the Municipality has an interest.
Notwithstanding the foregoing, the Owner and the Municipality expressly agree that
the covenants and agreements contained in paragraphs 3.8, 3.14, 5.17, 5.19, 5.20 and
5.21 and Article 7 of this Agreement will survive the termination of this Agreement
pursuant to paragraph 2.10(1), and paragraphs 3.8,3.14,5.17,5.19,5.20 and 5.21 and
Article 7 of this Agreement shall continue to bind the Owner and may be enforced
by the Municipality in the same manner and to the same extent as if this Agreement
had not been terminated.
(3) Without derogating from the provisions of paragraph 2.10(1) from time to time by
mutual agreement, the Parties hereto may amend the terms of this Agreement and
any of the Schedules, but an amendment shall only be effective if in writing and
executed under the seals and hands of the proper officers of each Party.
2.11 Municipality to Act Promptly
Wherever the Municipality, the Municipality's Solicitor, the Municipality's Treasurer
or any official of the Municipality 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
Municipality and its officials shall act reasonably.
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2.12 AssilPlment of Aar'eement
The Owner shall not assign this Agreement without prior written consent of the
Municipality. For greater certainty, any assignment which is made contrary to this
paragraph 2.12 does not relieve a subsequent Owner of the Lands of any of his obligations
under this Agreement.
2.13 Replacement of Draft Plan with Final Plan(s)
(1) The Parties hereto acknowledge that at the time of the execution of this Agreement,
only a red-lined copy of draft Plan of Subdivision 18T-88094 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-88094 approved pursuant to
the Planning Act, 1983 being registered against the title to any one (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-88094 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", "0", "P" and "Q", in order to replace the descriptions and references to the red-
lined draft Plan of Subdivision 18T-88094 with descriptions and references to and
that are consistent with such registered final Plan of Subdivision.
2.14 Notification of Owner
If any notice or other document is required to be or may be given by the Municipality
or by any official of the Municipality to the Owner under this Agreement, such notice shall
be mailed by first class prepaid post or delivered to:
The Owner: H. Kassinger Construction Limited
500 Mayfair Avenue
Oshawa, Ontario
LIGpltL ZYL
or such other address of which the Owner has notified the Municipality in writing. Any such
notice so mailed or delivered shall be deemed good and sufficient notice under the terms
of this Agreement and shall be effective from the date which it is so mailed or delivered.
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2.15 Not Used
2.16 Successors
This Agreement shall enure to the benefit of and be binding on the Parties hereto,
and their respective successors and assigns.
ARTICLE 3 - FINANCIAL
3.1 Payment of Taxes
Prior to the date of execution of this Agreement, the Owner shall pay all municipal
taxes outstanding against the Lands, as set out in Schedule "C" hereto. In addition, the
Owner shall pay any municipal taxes which may become due in respect of the whole or any
one or more portions of the Lands after the date of execution of this Agreement in
accordance with the law.
3.2 Payment of Local Improvement Charees
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 Municipality's share of any local improvements which
serve the said Lands and shall include the commuted value of such charges including
charges falling due after the date of the execution of this Agreement.
3.3 Payment of Draina&e Chal'Jes
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.
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3.4 Payment of Development Charees
(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 "D" hereto.
Each payment of Development Charges set out in Schedule "D" 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.
3.5 Not Used
3.6 Performance Guarantee Required
Prior to the date of issuance of any Authorization to Commence Work, the Owner
shall deposit with the Municipality, cash or an irrevocable and unconditional letter of credit
issued by a bank listed in Schedules "I" or II" of the Bank Act, acceptable to the
Municipality's Treasurer, and containing terms satisfactory to the Municipality's Treasurer.
The deposit shall be in the amount determined by the Director to be the amount required
to secure to the Municipality the performance by the Owner of its covenants contained in
this Agreement to construct and install the Works and the performance of the Owner's
obligations under paragraph 5.13(2) and without limiting the generality of the foregoing, in
making his determination, the Director may have regard 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
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Authorization to Commence Work or fot the issuance of which an Authorization to
Commence Works application has been made by the Owner. If from time to time following
the issuance of any Authorization to Commence Works the Director is of the opinion that
the amount of the Performance Guarantee should be increased in order to protect the
Municipality's interests under this Agreement, forthwith after the Director gives written
notice to the Owner requiring an increase in the amount of the Performance Guarantee, the
Owner shall deposit with the Municipality cash or an unconditional and irrevocable letter
of credit in such amount issued by a bank listed in Schedule "I" or "II" of the Bank Act that
is acceptable to the Municipality's Treasurer and continuing terms satisfactory to the
Municipality's Treasurer. (The cash deposit(s) or letter(s) of credit which is (are) to be
deposited by the Owner pursuant to this paragraph 3.6 and other provisions of this
Agreement are called the "Performance Guarantee".) In the event that the Owner does not
increase the amount of the Performance Guarantee for a period of thirty (30) days following
the giving of written notice by the Director to the Owner requiring an increase in the
amount of the Performance Guarantee, (1) all Authorizations to Commence Work that have
been issued shall terminate, and (2) the Owner shall not apply for or require the issuance
of any permit for the construction of buildings or any part of the Lands pursuant to the
Building Code Act. Without derogating from the other provisions of this Agreement, the
Parties acknowledge that if the Owner deposits a letter of credit with the Municipality's
Treasurer as the whole or part of the Performance Guarantee or an increase there(jf
required by this Agreement, the Municipality's Treasurer, acting reasonably, may at any time
draw on such letter of credit and deposit the cash proceeds thereof in an account to the
credit of Municipality for disbursement in accordance with this Agreement.
3.7 Use of Performance Guarantee
From time to time the Municipality may appropriate the whole or anyone or more
portions of the Performance Guarantee up to an amount(s) determined by the Director,
which in aggregate shall not exceed the amount(s) which in the opinion of the Director are
required to remedy the Owner's breach(es) or default(s) of or under the provisions of this
Agreement. Forthwith after making each such appropriation, the Director shall give the
Owner written notice thereof and the Owner shall forthwith reinstate the Performance
Guarantee to the full amount(s) required by this Agreement.
3.8 Indemnification of Municipality
(1) The Owner shall defend, indemnify and save the Municipality harmless from and
against all actions, claims, liabilities, losses, damages and expenses including
reasonable legal fees which arise by reason of or are caused in whole or in part by
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the making and/or the implementati~n of this Agreement, or the design, construction
and installation, supervision of construction and installation, inspection, and/or
maintenance of the Works by the Owner, its employees, contractors, suppliers of
services or materials, the Owner's Engineer, the Owner's Engineer's employees, and
the Owner's licensees.
(2) For greater certainty, the making of this Agreement is not intended to and shall not
have the effect of requiring the Municipality to do or refrain from doing any act or
making any recommendation necessary for the Owner to achieve approval of the
final Plan of Subdivision of the Lands and its registration against the title to the
Lands.
3.9 Insurance
The Owner shall obtain and maintain the insurance and deposit the proof thereof as
required by Schedule "K" of this Agreement in accordance with Schedule "K" of this
Agreement.
3.10 Maintenance Guarantee 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 Municipality to promptly correct, remedy,
repair or replace any portion or component of the Works in question that the
Director determines to be defective or deficient having regard to the provisions of
this Agreement at the Owner's cost (the "Maintenance Guarantee"). The amount of
the Maintenance Guarantee shall be determined in accordance with paragraph
3.12(1) of this Agreement. The Owner shall be given written notice of any such
deficiency or defect by the Director forthwith after he identifies the same.
(2) The Maintenance Guarantee expires on the date of issuance of the Certificate of
Acceptance of the Works referred to in paragraph 3.10(1) which shall not be earlier
than the date of expiry of the relevant period of the Maintenance Guarantee for the
following Works as set out below:
(a) "Initial Works" (as hereafter defined): the later of (1) the date of expiry 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);
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(b) "Final Works": the date of ~xpiry of the period of one (1) year that
commences on the date on which the maintenance period for the Initial
Works specified in paragraph 3.10(2)(a) expires;
(c) "Street Li~htini 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 Manaiement System" (as hereafter defined): the date of expiry
of the period of two (2) years which commences on the date of the issuance
of the Certificate of Completion of the Stormwater Management System
provided that such Certificate of Completion for the Stormwater Management
System shall not be issued prior to the issuance of the Certificate of
Completion for the Final Works.
3.11 Use of Maintenance Guarantee
From time to time, the Municipality may appropriate the whole or any part of the
Security for the Maintenance Guarantee if the Owner fails to pay any cost(s) payable by the
Owner to the Municipality under this Agreement. The amount(s) of such appropriation
shall not exceed the amount(s) which in the opinion of the Director are required to remedy
the Owner's breach(es) or default(s) as determined by the Director of correcting or
remedying a deficiency(s) or defect(s) in the Works or a portion or component thereof,
which is covered by the Maintenance Guarantee and is in question. Forthwith after the
Municipality makes any such appropriation, the Director shall give the Owner written notice
thereof. Forthwith, after the giving of such notice, the Owner shall restore the Security for
the Maintenance Guarantee to the full amount required by this Agreement.
3.12 Reduction and Release of Performance Guarantee
(1) Prior to the release of the Performance Guarantee, in the discretion of the Director,
the amount of the Performance Guarantee may be reduced, from time to time, to
reflect the progress of completion of the Works and other facilities and
improvements which are required to be constructed and installed by the Owner after
taking into account any outstanding claims the satisfaction of which is provided for
in this Agreement. The maximum reduction that may be permitted to be made by
the Director is such that will leave on deposit with the Municipality's Treasurer as
the Performance Guarantee an amount equal to the sum of (1) the value of the
uncompleted Works and the other facilities and improvements as determined by the
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Director having regard for the WorkS Cost Estimates then in force plus any amount
determined by the Director but not to exceed twenty (20%) percent of such value as
a completion allowance payable to the Municipality, and (2) as the Maintenance
Guarantee fifteen (15%) percent of the value of the completed Works, facilities and
services, also determined by the Director after considering the material, if any,
submitted to the Director by the Owner's Engineer in support of an application for
reduction of the Performance Guarantee in respect of the Works that have been
completed by the Owner as well as the contract documents, sub-contracts and supply
contracts pertaining to the Works and the provisions of the Construction Lien Act.
(2) The Owner will not require the Municipality to release to the Owner any unused
portion of the Performance Guarantee until each of the following conditions is
satisfied:
(a) A Certificate of Completion has been issued for the Works for which the
Performance Guarantee was initially required to be deposited with the
Municipality.
(b) The Owner has deposited or has left on deposit with the Municipality the
Maintenance Guarantee applying to the Works for which the Performance
Guarantee initially was required to be deposited with the Municipality.
(c) The Director is satisfied that in respect of the construction and installation of
the Works for which such Performance Guarantee was initially required to be
deposited with the Municipality, there are no outstanding claims relating to
such Works.
(d) The Municipality is satisfied that there are no outstanding claims relating to
the Works which the Municipality is required or may be permitted to pay
either under the provisions of the Construction Lien Act or otherwise.
(e) The Municipality is satisfied that the Owner is not in breach of any of its
covenants contained in this Agreement.
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3.13 Reduction and Release of Maintenahce Guarantee
The Owner agrees that the Municipality shall not be required to release to the
Owner the Security for the Maintenance Guarantee until each of the following conditions
are satisfied:
(a) A Certificate of Acceptance has been issued for the Works for which such
Maintenance Guarantee is required under this Agreement.
(b) The Municipality is satisfied that there are no outstanding claims relating to
such Works which the Municipality is required or may be permitted to pay
either under the provisions of the Construction Lien Act or otherwise.
(c) The Municipality is satisfied that the Owner is not in breach of any of its
covenants contained in this Agreement.
(d) With respect to all lots and blocks in the 40M Plan for which building permits
have been issued and Temporary Occupancy Permits have been received by
the Owner, the Municipality is satisfied that within the one (1) year period of
temporary occupancy under aTemporary 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.
3.14 Payment of Municipality's Costs
(1) The Owner shall reimburse the Municipality for all reasonable legal, planning,
engineering and other technical advice, and administrative expenses actually incurred
for the preparation and registration of this Agreement and the reasonable cost of all
legal services contemplated by the terms of this Agreement, which include the review
of the Performance Guarantee, the review of the Security for the Maintenance
Guarantee and the preparation of a Certificate(s) of Release, provided that services
have actually been performed for the Municipality.
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(2) The Owner shall pay to the Muilicipality Engineering and Inspection fees in
accordance with the provisions of Schedule "R".
(3) After giving reasonable notice to the Municipality, the Owner may inspect, during
regular business hours, such accounts, invoices, time records and other documents
and calculations of charges for which the Municipality is requiring reimbursement
pursuant to paragraph 3.14(1).
3.15 Unpaid Monies
Except as otherwise provided in this Agreement, the due date of any money payable
under it, unless a different due date is specified in this Agreement, shall be thirty (30) days
after the date of the giving of the written invoice to the Owner. Interest shall be calculated
and be paid by the Owner to the Municipality on all sums of money of which the Owner is
in default at the same rate, and in the same manner, and at the same time as is the case
with Municipality taxes which are in arrears at the date on which the default in question
commences.
3.16 Occupan~y Permit Deposit
(1) Prior to the date of issuance of the first building permit for a dwelling proposed to
be constructed on the Lands, the Owner and/or a person who has entered into an
agreement with the Municipality containing terms satisfactory to the Municipality to
assume the obligations of the Owner under this Agreement relating to a specific
lot(s) or block(s)on the 40M Plan (the "Assuming Purchaser") shall deposit with the
Municipality an irrevocable and unconditional letter of credit issued by a bank listed
in Schedules "I" or "II" of the Bank Act acceptable to the Municipality's Treasurer,
in the amount of twenty thousand ($20,000.00) dollars (the letter(s)of credit are
referred to as the "Occupancy Permit Deposit") to secure the performance of the
Owner's covenant to the Municipality under this Agreement that occupancy of any
dwelling(s) on .the Lands will not take place before an "Occupancy Permit" (as
defined in paragraph 4.10) is issued by the Director of Planning in respect of such
dwelling(s) pursuant to paragraph 4.10. The letter of credit(s) shall contain terms
satisfactory to the Municipality's Treasurer. In the event that occupancy of a
dwelling or dwellings occurs before the date of issuance of an Occupancy Permit
contrary to the provisions of paragraph 4.10, the Municipality may draw upon and
appropriate from the Occupancy Permit Deposit the amount necessary to permit theeMunicipality to comply with the requirements of paragraph 4.10 on the Owner's
and/or the Assuming Purchaser's behalf and/or at the Owner's or the Assuming
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Purchaser's cost, as the case may I be. In the event that the Municipality so
appropriates the whole or any part of the Occupancy Permit Deposit, forthwith after
it and/or they are given written notice of the amount of the appropriation, the
Owner and/or the Assuming Purchaser shall restore the Occupancy Permit Deposit
to the full amount of twenty thousand ($20,000.00) dollars. The Occupancy Permit
Deposit or the unused portion thereof shall be returned to the Owner and/or the
Assuming Purchaser at such time as the last dwelling which may be constructed on
the Lands is permitted to be occupied pursuant to an Occupancy Permit issued in
accordance with this Agreement. If a letter(s) of credit is deposited as the
Occupancy Permit Deposit, the Municipality agrees to permit its(their) replacement
from time to time by the Owner and/or the Assuming Purchaser, as the case may be,
provided that at all times the Occupancy Permit Deposit is maintained as is required
by this paragraph 3.16(1). Following each such permitted replacement of a letter(s)
of credit, the Municipality will return the replaced letter(s) of credit to the Owner
and/or the Assuming Purchaser.
(2) The Occupancy Permit Deposit requirement referred to in paragraph 3.16(1) is based
on the following "Occupancy Permit Scale" of the Municipality which is current on
the date of execution of this Agreement:
up to 10 lots
11 to 50 lots
51 to 100 lots
101 to 250 lots
251 to 500 lots
over 500 lots
$10,000.00
$20,000.00
$30,000.00
$40,000.00
$60,000.00
$100,000.00
The Owner agrees with the Municipality that the Municipality in its discretion may
amend its Occupancy Permit Scale from time to time prior to the date on which the
Occupancy Permit Deposit is deposited with the Municipality pursuant to paragraph
3.16(1). The Owner shall increase the amount of the Occupancy Permit Deposit in
accordance with the Municipality's amended Occupancy Permit Scale forthwith after
the Director of Planning gives written notice to the Owner requiring it to do so. In
the event that the Owner does not increase the amount of the Occupancy Permit
Deposit for a period of twenty (20) days following the giving of written notice by the
Director to the Owner requiring an increase in the amount of the Occupancy Permit
Deposit, (1) all Authorizations to Commence Works that have been issued shall
terminate, and (2) the Owner shall not apply for or require the issuance of any
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permits for the construction of buildings on any part of the Lands pursuant to the
Building Code Act.
ARTICLE 4 - PLANNING
4.1 Not Used
4.2 Landscapine Plan and Landscapine 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
Wodes 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 prepare 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 Municipality's landscaping design criteria, as amended from
time to time, the approved Engineering Drawings and the other provisions of this
Agreement. When the draft landscaping plan has been settled to the satisfaction of
the aforesaid Directors and approved by them, it is the "Landscaping Plan" for the
purposes of this Agreement.
(3) The Parties acknowledge that the Landscaping Plan contained in Schedule "U" hereto
is the Landscaping Plan for 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 Municipality's Design Criteria and
Standard Detailed Drawings, a minimum of one (1) tree per lot shall be
planted on the street allowances in accordance with the provisions of this
paragraph 4.2(5);
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( c) all trees shall be a minimum bf 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 Municipality's landscaping design criteria
and the relevant Landscaping Plan;
(e) fencing shall have a minimum height of one point eight (1.8) metres. Chain-
link fencing is not permitted except in areas abutting walkways, schools and
parks and then only in accordance with the Municipality'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, to provide 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
Municipality at the Owner's cost. Without limiting the Municipality's rights under
any other provision of this Agreement, the Owner acknowledges and agrees with the
Municipality that the Municipality may appropriate a portion of the Performance
Guarantee to indemnify the Municipality in respect of the cost of remedying or
correcting any such default of the Owner at any time when deemed necessary by the
Director of Planning. On each occasion, forthwith, after the Director of Planning
gives the Owner written notice of the amount so appropriated, the Owner shall
restore the Performance Guarantee to the amount required by this Agreement.
4.3 Use of Lands
The Lands shall not be used for any purpose other than the purposes set out in
Schedule "M" hereto, provided that such purpose is permitted by the Municipality's By-law
84-63, as amended from time to time.
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4.4 Lands Unsuitable for Buildine
The Parties acknowledge and agree that the lot(s) or block(s) which are set out in
Schedule "N" hereto are unsuitable for building purposes. The Owner will not make, cause
or permit an application to be made for a building permit for the construction of any
structure on any such lot(s) or block(s) until the conditions set out in Schedule "N" for such
lot(s) or block(s) have been satisfied to the approval of the Director of Planning and the
Director of Public Works and/or any other authority having jurisdiction in respect of the
matter. The Owner shall maintain the lot(s) or block(s) set out in Schedule "N" in a
condition acceptable to the Director of Planning.
4.5 Lands Requirine Site Plan
The Owner shall not make or cause or suffer any person(s) to make an application
for a building permit in respect of any lot(s) or block(s) within the Plan which are set out
in Schedule "0" until the Owner has entered into a Site Plan Agreement with the
Municipality respecting the development of such lot(s) or block(s) under Section 41 of the
Planning Act, 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 Buildine Permits
The execution of this Agreement by the Municipality, the approval by the
Municipality of the 40M Plan, and the issuance of any Certificate of Acceptance of Works,
do not constitute a representation or covenant by the Municipality to any person, nor shall
be taken to give any assurance to the Owner or to any other person that building permits
for buildings proposed to be constructed on any portion of the Lands when applied for, will
be issued. Without limiting the generality of the foregoing, the Owner will not apply for or
cause or permit an application to be made by any person for a building permit for a building
proposed to be constructed' on any of the Lands, made until the following requirements are
satisfied:
(a) All easements required to be transferred by this Agreement to the Municipality, the
Region of Durham or the Clarington Hydro-Electric Commission, and all easements
required to be transferred for the purpose of Utilities and Services referred to in
Schedule "H", and all easements required to be transferred or reserved for the
purpose of drainage or access to the 10t(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.
3)
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(b) All the roads which are required to be constructed to provide access to the proposed
building in accordance with this Agreement, have been constructed at least to the
completed base course of asphalt, and the Director has given the Owner his written
approval of them as being sufficient to provide in his opinion adequate access to the
proposed building(s).
(c) All of the Works required to be constructed and installed under road(s) referred to
in paragraph 4.6(b) have been constructed and installed to the satisfaction of the
Director.
(d) All of the Utilities and Services required to be constructed and installed pursuant to
Schedule "H" have been constructed and installed and have been accepted by the
Clarington Hydro-Electric Commission and/or the authority or company having
jurisdiction over such Utilities and Services. Alternatively, the Municipality has
received written confirmation from such Commission, authority or company, as the
case may be, that sufficient financial security(s) have been received by it (them) on
which it 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 Municipality
pursuant to paragraph 3.4 and Schedule "0" have been paid in respect of the lot(s)
or block(s) for which application is made for a building permit.
(g) The Owner has deposited with the Municipality the Occupancy Permit Deposit as
required by paragraph 3.16 of this Agreement and it is in good standing.
(h) If the application for a building permit is for a building proposed to be constructed
on any lot(s) or block(s) set out in Schedule "N", the Owner has satisfied the
conditions with respect to the development of such lot(s) or block(s) set out in
paragraph 4.4 of this Agreement.
(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
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Plan Agreement under Section 4 i 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.
G) The Performance Guarantee and the Security for the Maintenance Guarantee
provided for in this Agreement have been deposited with the Municipality and are
in good standing and all sums of money required to the Municipality by the Owner
pursuant to this Agreement have been paid.
(k) The applicant has submitted a Site Plan satisfactory to the Director and certified as
being correct by the Owner's Engineer which demonstrates to the satisfaction of the
Director that the final grades of the lot(s) or block(s) in respect of which the
application for a building permit(s) is made are appropriate for the building(s)
proposed to be constructed thereon, the grading of the lot(s) or block(s) in question
and the proposed access thereto conforms with the Grading and Drainage Plan
approved by the Director for the particular lot(s) or block(s) as well as with the
Municipality's Design Criteria and Standard Detail Drawings.
(1) The Owner has erected or caused to be erected a sign displaying all road(s), lot(s)
or block(s) within the Plan sufficient to illustrate the future housing types and
distribution, the location of any park, open space, school or commercial blocks
proposed on the said Lands, as well as all future uses for lands which abut the said
Lands as identified by an approved Official Plan, Neighbourhood Plan, or Hamlet
Development Plan and/or an approved Draft Plan of Subdivision of such abutting
lands.
(m) (i)
The Owner has constructed access routes to the subdivision in satisfaction of
the requirements of the Ontario Building Code and has installed all necessary
watermains and hydrants which are fully serviced.
(ii) The Owner has agreed with the Municipality that during construction of the
building pursuant to the building permits which have been applied for fire
access routes will be maintained continuously as required by the Ontario Fire
Code, storage of combustible waste will be maintained in accordance with the
Ontario Fire Code, and open burning will not occur contrary to the Ontario
Fire Code.
(iii) The Owner has agreed with the Municipality to comply with the Ontario Fire
Code with respect to Combustible Waste and Open Burning.
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(iv) The Owner has agreed with the Municipality to have regard for the
"Guidelines to Fire Prevention" published jointly by the Ontario Home
Builder's Association and the Toronto Home Builder's Association in respect
of construction of dwellings.
(n) The Owner has provided written confirmation that aU dwelling(s) to be erected on
the Lands in which the lot(s) or block(s) in question is located, satisfy the
Architectural Control Standards contained in Schedule "WI hereto.
(0) The Owner has satisfied the requirement of paragraph 4.12 of this Agreement.
4.7 Model Homes
(1) Notwithstanding the provisions of paragraph 4.6 of this Agreement, the Owner may
apply for building permit(s) for model home(s) to be used for sales display purposes
which it proposes to construct on not more than ten (10%) percent of the total
number of lot(s) within the registered Plan of Subdivision of the Lands, provided
that: .
(a) each such application is in conformity with all By-laws ofthe Municipality, the
Ontario Building Code Act and the Ontario Building Code;
(b) all building permit fees, Occupancy Permit Deposits and the Development
Levies provided for in this Agreement have been paid to or deposited with
the Municipality as is required by law and this Agreement;
(c) the Owner has satisfied the Director that the final grades of the lot(s) or
block(s) is appropriate for the proposed model home(s) and that such final
grades are in compliance with the Grading and Drainage Plan;
(d) the Owner has complied with the provisions of paragraphs 4.6(1) and 4.6(n)
of this Agreement.
(2) Prior to the date of issuance of any building permit for a model home(s), the Owner
shall obtain the approval of the Director of the proposed access to the model
home(s) in question. In each case, such access shall be to the satisfaction of the
Director and the Municipality's Fire Chief.
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(3) Any model home(s) constructed on tile Lands shall be used for sales display purposes
only and shall not be occupied for any residential purpose until such time as the
provisions of paragraphs 4.6 and 4.10 of this Agreement have been complied with.
If such model home(s) is occupied for residential purposes contrary to the provision
of this paragraph 4.7(3), then without derogating from any rights of the Municipality
may have under this Agreement, a statute, a regulation, or a by-law, the provisions
of paragraph 3.16 shall apply and shall be complied with by the Owner on each
occasion that such unauthorized occupation takes place.
(4) The Owner understands and agrees with the Municipality that if the Owner
constructs or causes or permits any person to construct one (1) or more model
home(s) on any part of the Lands prior to the day on which the watermains and
hydrants on the Lands or any part of them are fully serviced and operational for fire
protection purposes to the satisfaction of the Municipality's Fire Chief, the
construction and/or use of the model home(s) is entirely at the risk of the Owner.
The Owner shall save the Municipality harmless and indemnify the Municipality from
and 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 "WI 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 Municipality
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I
by which such purchaser agrees with the Municipality, that prior to the issuance of
a building permit for a building on the land in question, he will deliver to the
Municipality, the Clarington Hydro-Electric Commission, other authority and/or
company, as the case may be, any transfers of easements as in such lot(s) or block(s)
which are required for Municipality, Region of Durham and Utilities and Services
or drainage purposes, as determined by the Director, forthwith after written request
by the Director therefor is given to the Owner;
(c) the Owner has obtained from such prospective purchaser of a lot(s) or block(s), a
licence to permit the Owner and/or Municipality, to enter on the lot(s) or block(s)
in question in order to perform the Owner's obligations under this Agreement and
to permit the Municipality to exercise its rights under this Agreement to correct or
remedy a default of the Owner in such performance;
(d) the Performance Guarantee, the Security for the Maintenance Guarantee and all
cash deposits or letters of credits required by this Agreement have been deposited
with the Municipality and all letters of credit deposited with the Municipality are in
good standing; and
(e) the Owner has included in the Agreement to purchase the Lands or the lot(s) or
block(s) on the Plan which is 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 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 ofthe Municipality (the "Occupancy Permit")
having been given. In addition to satisfying the other requirements of this
Agreement, an Occupancy Permit shall not be issued to any person for any building
until the following requirements are satisfied:
(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 asphal4 to the written satisfaction of the Director and
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the required street lighting sys~em haS been installed and energized, all at the
cost of the Owner;
(b) all of the storm drainage system required to be constructed and installed to
service such building has been constructed and installed to the written
satisfaction of the Director, and such building has been connected thereto;
(c) all of the Utilities and Services, with the exception of telephone and cable
T.V., which are required to be constructed, installed and connected to the
building pursuant to Schedule "H", have been so constructed, installed and
connected to the written satisfaction of the Director, the Clarington Hydro-
Electric Commission or the authority or company having jurisdiction over such
Utilities and Services, as is appropriate;
(d) the building has been connected to and is serviced by a water supply and
sewage disposal system to the written approval of the Region of Durham;
(e) either the Owner's Engineer has provided the Director with his written
certification that the lot(s) or block(s), on which such building is located has
been developed in conformity with the Grading and Drainage Plan, or the
Owner has given written approval by the Director to vary the requirements
of the approved Grading and Drainage Plan with respect to the lot(s) or
block(s) in question; and
(t) the building has been finally inspected and approved pursuant to the Building
Code Act, the Ontario Building Code and the Plumbing Code.
(2) Notwithstanding the 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 4.10( e) by reason of seasonal, weather or other conditions
which are considered by the Director, in his discretion, to be beyond the control of
the Owner. Prior to the issuance of a Temporary Occupancy Permit the Owner shall
establish, to the satisfaction of the Director of Planning that the provisions of
paragraphs 4.10(1)(a), (b), (c), (d) and (1) have been satisfied. The Owner also shall
provide to the aforesaid Director the written confirmation required by paragraphs
4.1O(1)(e) within one (1) year from the date ofthe commencement ofthe Temporary
Occupancy Permit respecting the dwelling in question. Until such written
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confirmation is provided to the aforesaid Director, the Municipality may retain the
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) days, excluding Saturday and Sunday, after being required to do so by written
notice given to the Owner by the Director, the Municipality may appropriate the
whole or any part of the Occupancy Permit Deposit in order to reimburse the
Municipality 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 Pulposes
Without derogating from the other provisions of this Agreement, on the execution
of this Agreement, the Owner shall pay to the Municipality in cash the amount of money
in lieu of the transfer of land to the Municipality for parks and other public recreational
purposes which is set out in Schedule "F'.
4.12 Special Conditions
(1) During construction on the Lands the Owner shall maintain fire access routes to the
satisfaction of the Municipality's Fire Chief.
(2) In cases in which an Appropriate Authority determines that the well or private water
supply of any person is interfered with either as a result of the grading of,
construction on, or the development of the Lands or any portion of the Lands, or as
a result of the construction or installation of any of the Works, the Owner, at its cost,
either shall connect the affected person to the municipal water supply system or shall
provide a new well or private water system so that water supplied to the affected
person shall be of quality and quantity at least equal to the quality and quantity of
water enjoyed by the affected person prior to the interference.
(3) The Owner shall comply with the provisions of Schedule "Q" and Schedule "V"
hereto.
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(4) Any deadends and/or open side of rdad(s) allowances created by this draft Plan shall
be terminated in zero point three (0.3) metre reserve(s) which shall be transferred
to the Municipality. Paragraphs 2.5 and 2.6 apply in respect of such transfers with
all changes necessary being considered to have been made to them and give effect
to this paragraph 4.12(4).
(5) Without derogating from paragraph 4.12(2), in cases in which the Appropriate
Authority has determined that the well or private water supply of any person is
interfered with, the Owner shall at his expense either connect the affected party to
a municipal water supply system or a private system so that water supplied to the
affected party shall be of quality and quantity at least equal to the quality and
quantity of water enjoyed by the affected party prior to the interference.
ARTICLE 5 - PUBLIC WORKS
5.1 Municipality Works Required
The Owner at the Owner's expense shall construct and install the facilities, services,
works, improvements and landscaping more particularly described in Schedule "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 cost 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 Municipality.
5.2 Utilities and Services Required
Either prior to or forthwith after the date of this Agreement, the Owner shall enter
into an Agreement(s) with the authorities or companies or company having jurisdiction in
respect of the Utilities and Services referred to in Schedule "R" in the area in which the said
Lands are located which provides for the matters referred to in Schedule "R".
5.3 Owner's 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
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Subdivision Agreement
Page 36
the Director written notice of the name, address and telefax number of the Owner's
Engineer. No partnership, association of persons or corporation shall be retained as
the Owner's Engineer without the prior written approval of the Director. All notices
to be given to the Owner's Engineer are properly given if given by personal service,
by telephonic facsimile communication, or first class prepaid post addressed to the
Owner's Engineer at the address or telefax number provided to the Director pursuant
to this paragraph 5.3. Forthwith after the Director gives the Owner written notice
requiring it to do so, the Owner shall give the Director written notice advising him
whether or not the approved Owner's Engineer continues to be retained by the
Owner.
(2) If at any time following the execution of this Agreement until the day on which a
Certificate(s) of Acceptance has been issued for all of the Works in accordance with
this Agreement, the Owner's Engineer resigns, abandons his office or is terminated
by the Owner, the Owner shall give the Director written notice of that fact within
three (3) days from the date of the resignation, abandonment or termination, as the
case may be. Until such time as the Owner retains and notifies the Director of the
name and address of a new Owner's Engineer who is qualified to be approved by the
Director pursuant to this Agreement and who in fact is approved by the Director, the
Owner hereby authorizes the Director on the Owner's behalf and 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 abandoned the
performance .of the services as the Owner's Engineer under this Agreement or who
or which may previously have been terminated by the Owner, whether or not for
cause. The provisions of paragraph 5.3(1) apply when a new Owner's Engineer is
appointed by the Director under this paragraph 5.3(2) with all necessary changes
thereto being considered to have been made to give effect to this paragraph 5.3(2).
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5.4 Desip. of Works
(1) The Owner covenants and agrees that the design of all the Works shall conform with
all applicable legislation and the Municipality's Design Criteria and Standard Detail
Drawings. In the event of any dispute as to such requirements or their
interpretation, the dispute shall be resolved by the Director whose decision shall be
final.
(2) The Owner shall provide and submit to the Director all necessary Engineering
Drawings and obtain all approvals for the construction and installation of the Works,
as required by this Agreement.
(3) Without derogating from the provisions of paragraphs 2.4 and 2.5 and Schedules "E"
and "F' of this Agreement, on the execution of this Agreement, the Owner, at its
expense, shall transfer to the Municipality any land or easements considered
necessary in the opinion of the Director to accommodate the construction,
installation and maintenance of the Works. For greater certainty, the Parties agree
that the provisions of paragraphs 2.4 and 2.7 shall apply in respect of any such
transfers of easements with all necessary changes 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
Municipality's Solicitor. At the time of delivery of each transfer of land to the
Municipality, the Owner shall pay to the Municipality in cash or by certified cheque
an amount equal to any tax, fee or charges payable at the time of or in respect of the
registration of such transfer against title to the lands to which it applies.
5.5 Enpneerin& Drawin&s
(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
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
4J
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with them. The Owner hereby irre~ocably assigns to the Municipality without cost
to the Municipality the right to use and to reproduce the Engineering Drawings and
all reports that relate in whole Qr in part to the Works which have been prepared by
or for the Owner in connection with the performance of the Owner's obligations
under this Agreement. The Owner acknowledges that approval of the Engineering
Drawings or reports by the Director shall not relieve the Owner from its obligation
to satisfy all requirements of or made pursuant to this Agreement.
(2) Prior to the issuance of any Authorization to Commence Works, the Owner shall
provide the Director without cost to the Municipality with the Owner's 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 Municipality without cost
or prior approval or permission, (2) written permission for the Municipality's officers,
employees, agents, contractors and suppliers to use the specifications, data, drawings,
records and reports whether completed or in progress of completion in satisfaction
of the Owner's obligations under the provisions of Schedule "I" of this Agreement
without cost or prior approval or permission, and (3) written undertaking to deliver
to the Director the original copy of the Engineering Drawings forthwith after being
given written notice by the Director requiring the Owner's Engineer to do so,
whether or not the Owner's Engineer's fees and disbursements in respect of any of
them have been paid. Prior to each occasion on which a new Owner's Engineer is
retained by the Owner and approval of the Director is sought, the Owner shall
provide the Director with a similar written acknowledgement and written permission
of the new Owner's Engineer, provided that if the new Owner's Engineer is to be
retained by the Director on behalf of the Owner pursuant to paragraph 5.3(2), the
Director shall obtain from the prospective Owner's Engineer the aforesaid written
acknowledgement and permission. Forthwith after the Director gives the Owner's
Engineer written notice requiring them or it to do so, copies of the Engineering
Drawings, computer disks, specifications, data, drawings, records and reports referred
to in this paragraph 5.5(2) shall be provided to the Director without cost to the
Municipality.
5.6 Approval or Gradine and Draina2e 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
~3
Subdivision Agreement
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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. IT 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 Staline of Construction
Prior to the commencement of construction and installation of any of the Works, the
Director, in his discretio~ may give written notice to the Owner requiring that the Owner
prepare and submit to him a Works staging plan (the "Staging Plan"). Forthwith, after the
giving of such notice, the Owner shall prepare and submit to the Director of Public Works
and the Director of Planning for their consideration and approval a draft Staging Plan. The
Owner shall not proceed with the construction and installation of any Works until the
Staging Plan has been approved by the Director of Public Works and the Director of
Planning after any revisions required by them have been made to the draft Staging Plan.
Thereafter, the Owner shall proceed to construct and install the Works only in accordance
with such approved Staging Plan and any amendment which may be approved thereafter by
the Director of Planning and the Director of Public Works. The Staging Plan for the
purposes of this Agreement is the Plan contained in Schedule "G-l" attached hereto
provided that for the purposes of this paragraph 5.7 the Staging Plan may be amended from
time to time with the written approval of the Director.
5.8 Approval of Schedule of Works
Prior to the issuance of any Authorization to Commence Work, the Owner shall
obtain the written approval of the Director of a draft schedule (the "Schedule of Works")
which sets out the time at which, and the sequence in which, the Owner proposes to
construct and install each of the Works, Utilities and Services which are required to be
constructed and 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
L(~'
Subdivision Agreement
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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 Al)proval of Works Cost Estimates and StaKe Cost Estimates
Prior to the issuance of any Authorization to Commence Works, the estimated cost
of construction and installation of the Works, (the "Works Cost Estimates"), shall be
submitted by the Owner to the Director for his consideration and if appropriate his
approval. After approval, the Works Cost Estimate shall be entered for the Owner and the
Municipality by the Director in Schedule "J" hereto whereupon it shall replace the content
of Schedule "J" for all of the purposes of this Agreement. If a Staging Plan has been
approved pursuant to paragraph 5.7, prior to the issuance of an Authorization to
Commence Works in 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. Mter approval the Stage Cost Estimates shall be entered for the Owner and the
Municipality by the Director in Schedule "J".
5.10 Requirements for Authorization to Commence Works
(1) The Owner shall not commence the construction or installation of any of the Works
without the written permission of the Municipality, (the "Authorization to Commence
. Works"). The Owner shall only commence the construction and installation of those
Works permitted by the Authorization to Commence Works. In addition to
satisfying all the other requirements of this Agreement in respect thereof, an
Authorization to Commence Works shall not be issued for any of the Works for
which the Authorization is sought until the following conditions have been satisfied:
(a) the final Plan of Subdivision of the Lands has been approved by the Region
pursuant 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 Municipality (1) a copy(s) of this Agreement
as registered against the title to the Lands; (2) a copy(s) of the registered Plan
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I
of Subdivision of the Lands; and (3) a copy(s) of the other Agreement(s)
referred to in paragraph 2.3 of this Agreement;
(d) the Owner has paid to the Municipality any monies required by paragraphs
3.1, 3.2, 3.3 and 3.4 of this Agreement;
(e) the Owner has delivered the transfers of easements to the Municipality in
accordance with paragraph 2.4 of this Agreement;
(f) the Owner has delivered to the Municipality transfers of the lands and paid
the required cash in accordance with paragraphs 2.5, 2.6 and 4.12(4) of this
Agreement, and such transfers have been registered against the title to the
appropriate portions of the Lands;
(g) the Owner has delivered to the Municipality letters signed on behalf of the
authority authorities or companies having jurisdiction with respect to the
Utilities and Services that are referred to in Schedule "H" that satisfactory
, Agreement(s) have been entered into by the Owner with them for the design,
construction, installation and services of the Utilities and Services as is
required by paragraph 5.2 of this Agreement;
(h) the Owner has retained the Owner's Engineer in compliance with paragraph
5.3(1), has provided the name, telefax number and address of the Owner's
,
Engineer to the Director in writing, has provided the Director with the written
acknowledgement and permission of the Owner's Engineer as required by
paragraph 5.5(2), and has provided the Director with the Owner's Engineer's
written undertaking that they or it will comply with the provisions of Schedule
"I" of this Agreement;
(i) the Owner has been given the written approval of the Director of the
Engineering Drawings as required by paragraph 5.5 of this Agreement;
(j) the Owner has been given the written approvals of the Director of Planning
and Development, Director of Public Works and Director of Community
Services of the Tree Preservation Plan as required by paragraph 4.1 of this
Agreement.
LfG
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(k) the Owner has received written approvals of the Director of Planning and the
Director of Public Works of the Landscape Plan as required by paragraph 4.2
of this Agreement;
(1) the Owner has received the written approval of the Director of the Grading
and Drainage Plan required by paragraph 5.6 of this Agreement; .
(m) the Owner has received the written approvals of the Director of Public Works
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 required by paragraph 5.8 of this Agreement;
(0) the Owner has received the written approval of the Director to the Works
Cost Estimates or the Stage Cost Estimates as required by paragraph 5.9 of
this Agreement;
(p) the Owner has deposited with the Municipality the Performance Guarantee
required by paragraph 3.6 and other provisio~ of this Agreement and has
made all cash payments to and deposited all letters of credit with the
Municipality as required by this Agreement;
(q) the Owner has deposited with the Municipality's Treasurer all policies of
insurance or proof thereof required by and in accordance with paragraph 3.9
and Schedule "K" of this Agreement;
(r) the Owner has paid all costs required to be paid to the Municipality by
paragraph 3.14 of this Agreement on or prior to the date of issuance of the
Authorization to Commence Works;
(s) the Owner has deposited with the Director written approval of all relevant
approving agencies including the Ministry of the Environment, the Ministry
of Natural Resources, the Region and the Central Lake Ontario Conservation
Authority with respect to the Works;
(t) the Owner has deposited with the Director its written undertaking to provide
the Director without cost with a copy of the contract documents, names and
addresses of all contractors, sub-contractors and suppliers of services and
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Subdivision Agreement
Page 43
materials, and copies of all slib-contracts and supply contracts relating to the
construction and installation of the Works for which the application for
Authorization to Commence Works is made, forthwith after written notice is
given by the Director to the Owner to provide any or all of the aforesaid
material; and
(u) the Owner has been given the written approvals of the Director of Planning
and Development, Director of Public Works and Director of Community
Services as required by paragraph 4.12 of this Agreement.
(2) Notwithstanding the provisions of paragraph 5.10(1), the Owner may commence the
construction and installation of the Works with the written approval of the Director
prior to the registration of the Plan of Subdivision referred to in paragraph
5.10(1)(b), provided that the requirements of clauses 5.10(1)(d), (g), (h), (i), 0), (k),
(1), (m), (n), (0), (p), (q), (r), (s) and (t) have been satisfied by the Owner and the
lands and easements considered by the Director to be necessary to accommodate the
Works and all components thereof have been transferred to the Municipality. In
such a case, however, a Certificate of Completion of the Works, shall not be issued
by the Director until a Plan of Subdivision of the Lands has been registered against
the title to the Lands and all the other requirements of this Agreement respecting
the issuance of a Certificate of Completion have been satisfied. Notwithstanding the
approval of the Director under this paragraph 5.10(2), the Owner agrees with the
Municipality that the construction or installation of any of the Works pursuant to
paragraph 5.10(1), if undertaken, shall be undertaken at the sole risk of the Owner
and the Owner hereby waives any right that he might have to compensation by or
damages from the Municipality that he might otherwise have as a result of its
construction and installation of any of the Works.
5.11 Requirements for Commencement of Subsequent Staees of Works
If the Director has approved a Staging Plan for the Lands, the Owner shall require
an Authorization to Commence Works for each stage defined in the Staging Plan.
5.12 Inspection and Stop 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 shall provide that employees or
representatives of the Municipality may, at any time, inspect the work of such contractor and
shall require the contractor to comply with stop work orders given by the Director pursuant
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to this paragraph 5.12. The Director may give the Owner a written order to stop the
construction or installation of any of the Works that is being undertaken by giving written
notice either to the Owner or to the Owner's Engineer to that effect if in the Director's
opinion either (1) the Works are not being undertaken such that a completed construction
and installation of all the Works satisfactory to the Municipality in accordance with this
Agreement will result, or (2) the Performance Guarantee and the Security for the
Maintenance Guarantee required to be provided pursuant to this Agreement in respect of
the Works has not been deposited or is not maintained in good standing. The Owner shall
comply with the stop work order forthwith after it is given by the Director in accordance
with this paragraph 5.12 by requiring the Owner's contractor and sub-contractors who are
constructing and installing the Works or components thereof in question and are referenced
in the order to comply with it forthwith. A stop work order may be given to the Owner by
giving to its Owner's Engineer by personal service on the Owner's Engineer or any
representative 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 Construction in Accordance with Eneineerine Drawines
(1) The Works shall be constructed and installed in accordance with the Engineering
Drawings as approved by the Director. No deviation from the Engineering Drawings
is permitted unless such deviation is authorized in writing by the Director before it
is undertaken. All construction and installation of the Works, shall be undertaken
and carried out by the Owner or by the Owner's contractor, as the case may be, in
accordance with the regulations for construction set out in Schedule "L".
(2) The Owner shall keep the Municipality road surfaces and ditches clean of dirt, mud
and refuse until a Certificate of Acceptance of all Works contemplated in this
Agreement has been issued as provided for by this Agreement. If the Owner has not
performed its obligations under this paragraph 5.13(2), the Municipality may do so
and deduct the reasonable cost thereof from the Performance Guarantee. The
Owner shall restore the Performance Guarantee to the amount otherwise required
by this Agreement, forthwith after the Director gives the Owner written notice of the
amount of the deduction in question.
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I
5.14 SeQuence of Construction of Works
Following the issuance of an Authorization to Commence Works, the Owner shall
proceed in good faith to construct and install all of the Works referred to in the
Authorization to Commence Works continuously and in accordance with the timing and
sequence therefor set out in the Schedule of Works.
5.15 Completion Time for Construction of Works
Within two (2) years of the date of the issuance of an Authorization to Commence
Works, the Owner shall complete the construction and installation of all of the Works
authorized in such Authorization to Commence Works with the exception of the curbs,
sidewalks, final coat of asphalt, final lot grading, driveway approaches, sodding and tree
planting which may be completed later if done so in accordance with the provisions of the
Schedule of Works.
5.16 Additional Work
Until the conclusion of 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 and maintenance of any of the Works, the Owner, at its
cost, shall construct and install such additional facilities and perform such additional work
as the Director may request from time to time by written notice given to the Owner.
5.17 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 such completion in the Schedule
of Works, or (2) the Works or any component(s) thereof are being improperly
constructed or installed, or (3) the Owner neglects or abandons the said Works or
any part of them before completion, or (4) unreasonable delay occurs in the
construction or installation of the Works, or (5) for any other reason the Works are
not being constructed or installed properly and promptly and in full compliance with
the provisions of this Agreement, or' (6) the Owner neglects or refuses to reconstruct
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
:D
Subdivision Agreement
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authorization to do so by the Municipality 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
Municipality, at the cost and expense of the Owner, may engage a contractor,
supplier of services or materials and such workmen, and purchase such services,
supplies and/or services as in the opinion of the Director are required for the
completion of the construction and installation of the Works and all components
thereof and the performance of all covenants of the Owner relating to the Works as
provided by this Agreement. In cases of an emergency or urgency, or in order to
preserve the integrity of the Works or any component thereof as determined by the
Director in his absolute discretion, any deficiency(s) or defect(s) in the Works, and
any failure to complete the Works and all components thereof in accordance with
this Agreement may be corrected, remedied or completed by the Municipality its
contractors, suppliers and employees at the cost of the Owner without prior notice
to the Owner, provided that forthwith after the Municipality so acts, the Director
shall 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 Municipality undertakes under this paragraph 5.17(1)
shall be determined by the Director in his absolute discretion. It is understood and
agreed by the Parties that the costs for which the Owner is responsible under this
. paragraph 5.17(1) shall include a management fee payable to the Municipality either
of thirty (30%) percent of the contractor's charges to the Municipality (including any
charges for overhead and profit) or, if such work is undertaken by the Municipality,
thirty (30%) percent of all costs incurred by the Municipality to correct or remedy
the deficiencies or defect or to complete the Works and all components thereof as
the case may be. The Owner shall pay the Municipality an amount equal to the cost
of all Works and components thereof, and the cost of correcting or remedying all
deficiencies and defects referred to in this paragraph 5.17(1) which have been
incurred by the Municipality or are estimated in the Director's absolute discretion
to be likely to be incurred by the Municipality forthwith after the Director gives the
Owner written demand for payment of such cost. If the amount paid is based on the
Director's estimate as aforesaid, forthwith after actual costs are known the Director
shall give the Owner written notice thereof. If the actual costs are more than the
estimated costs, the Owner shall forthwith pay the Municipality an amount equal to
)1
Subdivision Agreement
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I
the difference between them. If the actual costs are less than the estimated costs,
the Municipality shall forthwith refund the difference between them to the Owner.
(2) In the event that (1) a claim for a lien in respect of the Works or any component
thereof is registered against the title to any land vested or which should have been
vested in the Municipality or is filed with the Municipality, or (2) the Municipality
receives written notice of a claim of an alleged beneficiary of a statutory trust under
the Construction Lien Act, such registration, filing or notice shall constitute a default
in performance by the Owner of this Agreement. In any such case, the Director may
notify the Owner in writing of such default. If the Owner fails to discharge the lien
or 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 Municipality 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
Municipality may draw on and appropriate the whole or any portion(s) of the
Performance Guarantee and the Security for the Maintenance Guarantee for the
purpose of making payment under this paragraph 5.17(2). The Owner shall
indemnify the Municipality against the costs and expense incurred by the Municipality
in making 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
Municipality draws on and appropriates any portion of the Performance Guarantee
or the Security for the Maintenance Guarantee for any of the aforesaid purposes,
forthwith after the Director gives written notice to the Owner requiring it to do so,
the Owner shall reinstate the Performance Guarantee and/or the Security for the
Maintenance Guarantee, as the case may be, to the full amount(s) required under
the provisions of this Agreement.
5.18 Aclmowledeement Respectine Emereency etc. Repairs
The Owner acknowledges that if in cases of emergency or urgency or in order to
protect the integrity of the Works or any component thereof, the Director acts to correct,
remedy or repair any deficiency(s) or defect(s) in the Works, neither an entry on the Lands
or any portion of them nor any such action by the Director or any person authorized to
undertake the same by the Director shall be deemed to be an acceptance of any of the
Works by the Municipality, nor an assumption by the Municipality of any responsibility or
liability in connection therewith, or a release by the Municipality of the Owner from any of
its obligations under this Agreement.
S?-
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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 Municipality, the cost of repairing any damage
to any property or services of the Municipality, the Region, or any utility authority or
company or (the "Damaged Services") including without limiting the generality of the
foregoing, any road(s), water, electrical, gas, telephone, cable television and sewer systems,
and the cost of relocating any Damaged Services, caused by or resulting from the
development of anyone (1) or more portions of the Lands, or the construction or
installation of any of the Works, provided that all such repairs and or relocation(s) are
completed to the satisfaction of the Director, the Region and the relevant utility authority
or company which owns or is responsible for the Works, property or services in question.
In addition, the Owner agrees with the Municipality, at the Owner's cost, to relocate any of
the Works constructed or installed pursuant to this Agreement which are located in
driveways or so close thereto as in the opinion of the Director will interfere with the use of
the driveway in question, forthwith after being given written notice by the Director requiring
the Owner to undertake such relocation.
5.20 Damaee to Nei&hbourin& Wells (Rural Applications Only)
(1) Prior to the commencement of and during the period of construction or installation
of the Works, the Owner shall cause to be carried out, at its expense, the ground
water monitoring program which has been approved by the Director pursuant to this
paragraph 5.20(1), (the "Monitoring Program"). The Monitoring Program shall be
prepared in draft form by a qualified hydrogeologist (the "Hydrogeologist") who shall
be retained by the Owner, at the Owner's expense, after the Hydrogeologist is first
approved by the Director. The draft Monitoring Program shall be submitted to the
Director for his consideration and approval. After the Monitoring Program has been
approved, it shall be implemented by the Hydrogeologist. The Monitoring Program
shall describe the number and location of the piezometric observation wells which
are to be installed by the Owner, and the frequency, method of observation, method
of collection and recording of data and the timing, form and addressees of the report
of the Hydrogeologist's analyses and findings to the Municipality, as well as such
other matters as the Director considers to be appropriate. After the draft
Monitoring Program has been approved by the Director with or without such
modification(s) as he may consider appropriate, it is the Monitoring Program for the
purposes of this Agreement.
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(2) For the duration of the Monitoring IProgram, the Owner, at its cost, shall cause the
Hydrogeologist to provide the Director with a copy of all reports prepared by him
in connection with or in implementation of the Monitoring Program forthwith after
they are prepared. For the duration of the Monitoring Program, the Owner also
shall cause the Hydrogeologist to make available to the Director, at no cost to the
Municipality, forthwith after a written request therefore is given to the
Hydrogeologist by the Director, a copy of all data collected and all analyses made
in connection with or implementation of the Monitoring Program. Forthwith
following the completion of the Monitoring Program, the Owner shall cause the
Hydrogeologist to provide to the Director, at no cost to the Municipality, a copy of
all data collected and all analyses and reports made by the Hydrogeologist in
connection with or in implementation of the Monitoring Program which previously
have not been provided to the Director pursuant to this paragraph 5.20(2), together
with a certificate of the Hydrogeologist, in a form satisfactory to the Municipality
Solicitor that all the data, analyses and reports required to be provided to the
Director by this paragraph 5.20(2), have been provided to him. In addition to the
foregoing, the Owner shall cause the Hydrogeologist to prepare separate reports, to
the satisfaction of the Director for each and every occurrence of apparent well
interference caused by construction activity within the Lands and reported to the
Municipality, and to deliver the same to the Director, at no cost to the Municipality,
forthwith after each of them is completed.
(3) If an Appropriate Authority determines that the well or private water supply of any
person(s) outside the Lands is interfered with or dewatered as a result of the
construction or installation of the Works:
, (a) where the interference to a well or private water supply is of short term
duration (i.e. during the course of dewatering and excavation and within one
(1) month of the completion of dewatering), in the opinion of an Appropriate
Authority, the Owner shall make available to the affected party(s), a
temporary supply of water at no cost to the affected party(s); or
(b) where in the opinion of an Appropriate Authority the interference to a well
or private water supply is of a long term duration, at the option of the Owner
and at its cost, the Owner either (1) with the Region's approval shall connect
the affected party's property to the Region's water supply system, or (2) the
Owner shall provide a new well or private water system for such affected
party(s) so that water supplied to the affected party's property shall be of a
quality and quantity at least equal to the quality and quantity of water enjoyed
'-~'
)
Subdivision Agreement
Page 50
by the affected party(s) prio~ to the interference, as may be required by the
Appropriate Authority by written notice given to the Owner.
(4) Without derogating from the other provisions of this paragraph 5.20, if the Director
gives written notice to the Owner that he has reason to believe that the well or
private water supply of any person(s) outside the Lands is interfered with or
dewatered as a result of the construction or installation of the Works, forthwith after
such notice is given, the Owner shall cause the quantio/ of potable water considered
to be appropriate by the Director to be supplied to the affected person(s) free of
charge either until such time as the Municipality Council, after considering a report
thereon from the Director or an Appropriate Authority decides that the well or
private water supply in question has not been interfered with or dewatered as a result
of the construction or installation of the Works, or until such time as the Owner
performs its obligation under paragraph 5.20(3), as the case may be.
5.21 Use of Works by Municipali(y
The Owner acknowledges and agrees that any of the Works may be used by the
Municipality and such other person(s) who is (are) authorized by the Municipality for any
of the purposes for which the Works are designed, without interference by the Owner, and
without the payment of any fee or compensation to the Owner, and for such purposes the
Municipality and other person(s) authorized by the Municipality may enter upon the
portion(s) of the Lands on which the Works are located.
5.22 Maintenance of Roads after Completion
(1) In addition to any other requirement of this Agreement that the Owner maintain the
Works, if any building(s) on the 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 Certificate of Acceptance has been issued for such
road(s), and without limiting the generality of the foregoing, the Owner shall:
(a) maintain the road(s) at all times in a well drained, dust and mud free
condition, suitable for ordinary vehicular traffic, to the approval of the
Director;
(b) during the course of construction and installation of the Works, Utilities and
Services pursuant to this Agreement, provide and maintain safe and adequate
access to all occupied buildings; and
~s
J
Subdivision Agreement
Page 51
(c) erect a sign to the satisfaction of the Director to indicate that the road(s) are
"unassumed road(s)" which the Municipality is not required by law to repair
and maintain.
(2) 'I11e Municipality agrees to snowplough and sand all paved road(s) shown on the
registered Plan of Subdivision of the Lands, for and on behalf of the Owner until the
Certificate of Completion of the Final Works has been issued, provided that until the
date of issuance of the aforesaid Certificate of Completion, the Owner shall pay to
the Municipality one hundred (100%) percent of the costs of snowploughing and
sanding such road(s), as determined by the Director, from time to time, and forthwith
after being given written notice of such costs by the Director.
(3) The Owner acknowledges and agrees that the undertaking or provision of repairs or
maintenance by the Municipality under paragraphs 5.18, 5.19 or 5.22(2) in respect of
road(s), is not intended nor shall it in any way constitute or be taken to constitute
the approval or assumption by the Municipality of the road(s) in question. The
road(s) shall not be deemed to have been assumed until both a Certificate of
Acceptance has been issued, and a By-law has been passed by Municipality Council
dedicating the road(s) as public highway(s) and assuming it for the purpose of
liability to repair and maintain it as provided by the Municipal Act, and such By-law
has been registered in the Land Registry Office.
5.23 Requirements for Certificate of Completion
The Owner acknowledges and agrees that the construction and installation of any of
the Works authorized in an Authorization to Commence Works shall not be deemed to be
completed for the purposes of this Agreement until the Director has provided the Owner
with written certificate that such is the case (the "Certificate of Completion"). In addition
to satisfying the other requirements of this Agreement respecting its issuance, a Certificate
of Completion shall not be issued until such of the Works authorized by the Authorization
to Commence Works for which a Certificate of Completion is required, have been inspected
by the Director, and he is satisfied such Works have been constructed and installed in
accordance with the Engineering Drawings and has received all certificates and
confirmations from the Owner's Engineer as provided for in this Agreement.
j
0lo
Subdivision Agreement
Page 52
5.24 Requirements for Certiftcate of Accel)tanc4:
The Owner acknowledges and agrees that none of the Works covered by a Certificate
of Completion shall be accepted, nor deemed to be accepted for the purpose of this
Agreement until the Director has provided the Owner with written certificate that the
Works in question have been accepted (lithe Certificate of Acceptance)". If the
requirements of this Agreement respecting the issuance of a Certificate of Acceptance of
the Initial Works, the Storm water Management System and/or the Street lighting System
have been satisfied, and without limiting the generality of the foregoing, if the Director is
of the opinion that the Works in question have been maintained in compliance with
paragraph 3.10 and all deficiencies and defects in such Works have been remedied and
corrected by the Owner on behalf of the Municipality, the Director shall provide the Owner
with a Certificate of Acceptance of the relevant Works. If the requirements of this
Agreement respecting the issuance of a Certificate of Acceptance of the Final Works have
been satisfied, and without limiting the generality of the foregoing, if the Director is of the
opinion that the Works in question have been maintained in accordance with paragraph 3.10
and all deficiencies and defects in such Works have been remedied and corrected by the
Owner, and the Director reports his opinion that such Works should be accepted by the
Municipality for the Municipality Council, Council may approve the report of the Director.
Following Council's approval of this report as aforesaid the Director may provide the Owner
with a Certificate of Acceptance of the Final Works.
5.25 Ownership of Works by Municipality
For greater certainty, the Owner acknowledges and agrees that the Municipality is
the Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall
have no right or claim thereto, other than as an owner of land abutting a highway in which
such Works are installed.
5.26 Requirements for Certificate of Release
Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this
paragraph 5.26, and the Works located thereon have been constructed, installed and
accepted by the issuance of a Certificate of Acceptance, the Municipality shall provide the
Owner with a written release (the "Certificate of Release") respecting the Lands, for which
a Plan of Subdivision has been registered. The Certificate of Release shall be in a form
suitable for registration or deposit in the proper Land Registry Office. In addition to the
Owner satisfying the other requirements of this Agreement respecting the issuance of a
Certificate of Release, the Certificate of Release shall not be issued until:
C;1
J
Subdivision Agreement
Page 53
(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 Municipality with
written confirmation that at a date not earlier than the date of issuance of the
Certificate of Completion of the Pinal 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 comers, the end of all curves, other than comer
roundings, and all points of change in direction or road( s) on such Plan; and
(c) Municipality Council has by,resolution, acknowledged that the Owner has
satisfied all of the provisions of this Agreement.
Prom the date of its issuance, a Certificate of Release shall operate as a discharge of the
Owner in respect of the Lands or the portion thereof which are described therein of the
obligations of the Owner under this Agreement with the exception of (1) the Owner's
obligation respecting drainage as provided in this Agreement; and (2) the Owner's covenant
to comply with the requirements of this Agreement in respect. of applications for building
permits for dwellings on the Lands.
5.27 Not Used
5.28 Cost of Works Referred to in Schedule "G"
The Owner acknowledges and agrees that it will pay the total cost of the Works
referred to in Schedule "G" hereto. The Owner will not seek any credit or rebate for or of
any part of the total cost of the Works by reason of any of them being oversized to
accommodate drainage or traffic from lands outside the limits of the Lands, whether from
or in respect of a development charge imposed by the Development Charge By-law, or in
any other manner, or for any other reason.
ARTICLE 6 - COMPLIANCE WITH REGULATIONS
In exercising its rights and in performing its covenants under this Agreement, the
Owner shall comply with all regulations and laws of general application and all by-laws of
the Municipality and the Region. Without limiting the generality of the foregoing, at all
times the Owner shall comply and cause all contractors, sub-contractors and suppliers of
materials and services in connection with the construction, installation and maintenance of
~b
l/
Subdivision Agreement
Page 54
the Works to comply with the provisions of the Occupational Health and Safety Act, and
the Workers' Compensation Act.
ARTICLE 7 - RESPONSIBILIlY OF SUBSEOUENT OWNERS
After the issuance of the Certificate of Release, the Owner, its successors and assigns
as the owner of each lot(s) or block(s) on the final Plan of Subdivision registered against
the title to the Lands shall have the sole responsibility for the following which shall be
performed or undertaken at its cost:
(a) the provision and maintenance of adequate drainage of surface waters from
such lot(s) or block(s) in accordance with the approved Grading and Drainage
Plan referred to in paragraph 5.6 herein of this Agreement;
(b) compliance with the provisions of paragraph 4.6 "Requirements for Building
Permits" of this Agreement if, at the date of issuance of the Certificate of
Release, a building permit has not been issued for the lot(s) or block(s) in
question; and
(c) the maintenance of fencing required by Schedule "G" and paragraph 4.2.
ARTICLE 8 - TIME OF ESSENCE
Time is of the essence of this Agreement.
ARTICLE 9 - AUTHORIlY TO MAKE AGREEMENT
The Owner acknowledges and agrees that the Municipality has authority to enter into
this Agreement, that every provision hereof is authorized by the law and is fully enforceable
by the Parties, and that this Agreement is made by the Municipality in reliance on the
acknowledgement and agreement of the Owner as aforesaid.
Subdivision Agreement
S~
Page 55
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and
seals the day and year first above written and the Parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND
DELIVERED
In the presence of:
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF TJD)
MUNICIPALITY OF CLARINGTON
LIMITED
I/AGsI ~e~
". ., r~IPaJr
AcJt1ioel T'(" 'T"o & NO ~ c:~~" 0l\.J
Name:
-Tiiie:---
lD
SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
LEGAL DESCRIPTION OF LANDS
All and singular that certain parcel of land and premises situated, lying and being in the
Municipality of Clarington and the Regional Municipality of Durham, and being comprised
of Part of Lot 32, Concession 3, Geographic Township of Darlington now designated as
Block 119 on Plan 10M-809 and Block 222 on Plan 10M-826 registered in the Land Registry
Office for the Land Registry Division of Durham (No. 40) (the "Land Registry Office").
(a(
SCHEDULE "B"
THIS SCHEDULE IS SCFlEDULE "B" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
PLAN OF SUBDMSION
(Insert reduction of Plan 18T -88094)
~~
Schedule "B"
-2-
(Insert reduction of the 40M Plan)
PLAN OF SUBDIVISION Of
BLOCK 119. REGISTERED PLAN 101.4-809 AND
BLOCK 222, REGISTERED PLAN 101.4-826
MUNICIPAUTY OF CLARINGTON
REGIONAL MUNICIPAUTY OF DURHAM
SCALE 1:500
.. . .
".r...........;
W. JOHN SURG. O.LS., 1994
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SCHEDULE "e"
,
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
CHARGES AGAINST LANDS
(1) Municipal Taxes
(2) Local Improvement Charges
(3) Drainage Charges
L/J
SCHEDULE "D"
I
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
SCHEDULE OF PAYMENTS OF DEVELOPMENT CHARGES
Subject to paragraph 3.4(1) of this Agreement the Owner shall make the
following payments on account of Development Charges to the Municipality in respect of
the development of the Lands consisting of twenty-eight (28) single family dwellings
(collectively referred to as the "Total Dwellings") on the occasions set out below. Subject
to the adjustments referred to in paragraph 3.4 (1) of this Agreement the aggregate amount
so payable is one hundred and thirty-eight thousand, three hundred and twenty ($138,320.00)
dollars payable as follows:
(a) Twenty-five (25%) percent of the aforesaid aggregate amount being thirty-four
thousand, five hundred and eighty ($34,580.00) dollars 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 equal to the
amount of the Development Charge imposed by the Development Charge By-
law for the additional dwelling or dwellings in question (the "First Excess
Payment").
(b) Twenty-five (25%) percent of the aforesaid aggregate amount being thirty-four
thousand, five hundred and eighty ($34,580.00) dollars less an amount equal
to the First Excess Payment, if any, on the first (1st) anniversary of the First
Application, provided that if the number of building permits for which
applications are made in the first (1st) year following the making of the First
Application exceeds fifty (50%) percent of the Total Dwellings, the Owner
shall pay 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 thirty-four
thousand, five hundred and eighty ($34,580.00) dollars less an amount equal
(oCr
Schedule "D"
-5-
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 thirty-four
thousand, five hundred and eighty ($34,580.00) 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.
(pI
SCHEDULE "E"
I
THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been
authorized and approved by-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
(1) On the execution of this Agreement, the Owner shall deliver to the Municipality
transfers of the following easements:
- Rear yard catchbasin and storm sewer;
- Parts 1 and 2 on Plan 40R
(between Lots 21 and 22)
(2) Easements for the rear yard catchbasins and storm sewers shall be perpetual in
duration.
(3) Without derogating from the other provisions of this Agreement, the Owner shall
transfer or cause to be transferred to the Municipality easements to accommodate
any work provided for in the approved Engineering Drawings or the Reapproved
Engineering Drawings in lands located beyond the limits of the Lands as may be
required by and to the satisfaction of the Director by notice given in writing to the
Owner. The Director shall determine the duration and terms of any such easements.
The transfers shall be prepared by the Owner at its cost, shall be free and clear of
all encumbrances and restrictions, shall contain other provisions satisfactory to the
Municipality's solicitor, shall be made for a nominal consideration, and shall be in
registrable form. Paragraphs 2.4 and 2.6 shall apply in respect of transfers with all
necessary changes to them being considered to have been made to give effect to the
intent of this paragraph (3).
( 4) The Owner shall transfer or cause to be transferred to the Municipality any
easements for the disposal of storm water from the said Lands which are required
by the Director which are external to the said Lands at no expense to the
Municipality. The easements shall be transferred to the Municipality forthwith after
the Director gives the Owner written notice of his requirements and the reasons
therefore. Paragraphs 2.4 and 2.6 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.
COMPILED PLAN OF SURVEY OF
PART OF LOTS 21 AND 22
REGISTERED PLAN 40M-
MUNICIP ALlTY OF CLARINGTON
REGIONAL MUNICIPAUTY OF DURHAM
SCALE 1 : 200
.. 0 5
h ---d .
W. JOHN BURG, O.LS., 1994
I,
.'
;,
T
I
I REGISTERED
I
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LOT
,. ,..
" .
.....
PARCEL
!
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,
lilM
I
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PART
SCHEDULE
PART OF
LOT
21
22
I
2
PI..AH
401ol-
P(RI'€:NOICULAR
WIDTH
2.00m
1.00m
AU. PARTS SHOtN HEREON HA"" I'f:RPENOICULAR 'MOTHS
AS SHCniIN IN 1HE SOlEOUU: AIIO ARE YiHOU. Y CONTAINED
.,... 1HE UMITS Of' 1Ii[ UNOERl. 'l1HG LOTS
,...... A.' I 4'" . I I -..- ..,
..-I ...1\1 . . tI\A__ ,~ ...
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, "or . ,..
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t """'.. I .... . I
P/.RT C. P"':..i~T 4 I P ,~.i~ T ~i
:)
I 10R-26HQ I
PARCEl 102-2 PARCEL 101-3 PARCEL 101~
J lQM-783
- -- - - - - -
PLAN
40M-
:~EG1STE:~ED I
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L.()T
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I PL....N
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LOT 21 LOT 22
; ",. ,.. ..
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PART 1--' PART 2
PlAN-I. SECll0N 40...-
- -'AI
..- -
i':INrr'RE
(BY REGIStERED PlAN 4OM-
PARCEl. STREET-I. SECll~ 4OM-
STREET
)
T
I
I
I
I
I
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I REQUIRE TliIS PLAN TO IlE
DEPOSITED UNDER TliE LAND
TIn..ES ACT
PLAN 40R-
HECElIlEO AND Olf-OS! TED
OAn:_ __ '_,____
DAn:
W. JOHN BURG
OHTNIIO l.NllI SUII'l[lOll
IN<O Il[ClIS1llAII '011 1tt[ lNIO mu:s
01_ OF IlUlItWl (.... 40)
PARTS I ANI) 2 - PART Of' PAIICEl. Pl..AH-I, Sf:CnoN 401ol-
. i
WE1RIC
DISTANCES SHOYltl ON THIS PlAN ARE IN MElRES AND
CAN II( CON~TED TO FEET BY DIW>tHG BY 0.3048.
-CAU1IOH-
tHIS PlAN IS NOT A PLAN OF SU8OlVlSlON Wl1l41N
lHE IoIf:ANING Of' 1l4( PlAHNING ACT.
t..\.
SUR~S aRTlflCAlE
I HEREBY CERl1f'Y lHAT THIS PlAN IS AN ACCURAlt COMPlLAl1ON
BASED ON OAT A DERI\'EO FROM REGISTERED PLAN 4Olot-
DATE
W. JOHN BURG
.,.... \NID ~
OONEVAN F1.EISaiMANN PETRICH llO.
ONTARIO LAND SURVEYORS
1333 lHORNTON ROAD SOUlH PICKERING CORP. CENmE
SUllt 2 IIC4 PICKERING L1V JP2
~~~~ ~~'Ol ~~
...__._~,_.. ... 1_..._....... .... .......... ._,."'"
,
G~
SCHEDULE "F"
THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
"
Clarington, enacted and passed the 28th day of February, 1994.
LANDS TO BE TRANSFERRED TO Municipality AND/OR CASH TO BE PAID
IN LIEU THEREOF
Not Used
16
SCHEDULE "G"
THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
WORKS REOUIRED
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 Municipality's Design Criteria and Standard Drawings, and the
Engineering Drawings, all to the approval of the Director:
(l)(a) A storm sewer system for the removal of upstream storm water and storm water
originating within the said Lands, including storm sewer mains and connections,
manholes, service connections, 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 which accommodates the servicing of the Lands, providing for all
vehicular and pedestrian traffic and access to all lots and blocks within the Lands,
including the removal or installation of turning circles, and the Works required within
the road, including suitable subgrade, subbase and base granular materials, subdrains,
base and top stage curbs and gutters, base and surface asphalt, traffic control and
street name signs and sidewalks and all streetscape components including street trees,
boulevard topsoil and sodding, street lighting, gravel driveway aprons, and where
sidewalks exist, gravel driveway aprons with paved surfaces between curb and
sidewalk (the "Road System").
(d) A street lighting system which provides illumination of roads and walkways to serve
the said Lands including all connections, energy and maintenance costs, appurtenant
apparatus and equipment, in the locations as approved by the Director (the "Street
Lighting System").
1\
Schedule "G"
-2-
(e) Related Works including grading, landscaping, fencing, noise attenuation measures,
walkways (including lighting) and other miscellaneous Works shown on the
Engineering Drawings and Grading and Drainage Plan (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 and base granular materials, sub drains, base curbs, base asphalt, traffic
control and street name signs of the Road System;
grading; and
noise attenuation fencing (collectively called the "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".
-1 "
d-~
SCHEDULE "H"
TIllS SCHEDULE IS SCHEDULE "H" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
UTILITIES AND SERVICES REOUlRED
1. ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for the
design, provision and installation of an electrical supply system to serve the Lands, in the
locations as approved by the Director. All electrical services are to be installed
underground.
The Owner shall also make any necessary arrangements with any T.V. Cable
, Company in order that the installation of any such system shall take place so far as
possible contemporaneously with the installation of other services so as to cause
minimum disruption of municipal services.
2. TELEPHONE SYSTEM
The Owner shall arrange with Community Telephone Limited and/or Bell Canada
for the design, provision and installation of a telephone system to serve the said Lands,
as approved by the Director. All telephone services are to be installed underground.
3. Gt\S SUPPLY SYSTEM
The Owner shall arrange with an appropriate gas company for the design, provision
and installation of a complete gas supply system to serve the said Lands, including gas
mains, and all appurtenant manholes, laterals, service connections, apparatus and
equipment in the locations as approved by the Director.
4. CABLE TELEVISION
The Owner shall arrange with the Cable Television Company having authority to
provide its services within the area of the Plan of Subdivision for the design, provision
<1
-'1/1
L/
Schedule "H"
-2-
and installation of a complete cable television distribution system to serve the said
Lands. All cable television services are to be installed underground.
5. MAIL DISTRIBUTION SYSTEM
The Owner shall arrange with Canada Post for the provision and installation of a
mail distribution system to service the said Lands, in the location as approved by the
Director.
iL{
SCHEDULE "I"
THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
DUTIES OF OWNER'S ENGINEER
1. DESIGN WORKS AND PRIVATE WORKS
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, which include:
(a) the Engineering Drawings and other related Drawings;
(b) the Grading Plans, Drainage Plans, Landscaping Plans, Staging Plans,
Utility Composite Plans, Master Drainage Plans, Erosion and
Sedimentation Control Plans, Tree Preservation Plans, and other
related Plans;
( c) Traffic Reports, Soils Reports, Geotechnical Reports, Stormwater
Management Reports, Stomwater Implementation Reports and other
related Reports;
(d) Schedules of Work;
(e) the W orles Cost Estimates or Stage Cost Estimate; and
(t) all documentation and verification to support Performance Guarantee
and Security for the Maintenance Guarantee reduction submissions.
The approval of the Director shall not absolve or release the Owner or the Owner's
Engineer of the responsibility and liability for any errors or omissions in the above
drawings, plans, reports, stages or documentation or from liability for any damage or loss
caused or resulting directly or indirectly by the Owner's Engineer.
2. REPRESENT OWNER AND OBTAIN MUNICIPALI1Y APPROVALS
The Owner's Engineer is hereby authorized by the Owner to act as the Owner's
representative in all matters pertaining to the design, construction and installation of the
1~)
Schedule "I"
-2-
Works and the overall management of the development, and shall co-operate with the
Municipality and the Director to protect the interests of the Municipality and the general
public in all matters relating to the design, construction and installation of the Works.
In addition, the Owner's Engineer shall work in accordance with all conditions of this
Agreement, including Section 5 and Schedules "G", "R", "I", "J" arid "L".
3. PROVIDE RESIDENT SUPERVISION
The Owner's Engineer shall provide fully qualified, experienced supervisory layout
and inspection staff, acceptable to the Director, to provide continuous inspection service
during all phases of the construction and installation of the Works and the private works.
Without limiting the generality of the foregoing, the Owner's Engineer shall be
responsible for the following:
(a) To carry out or arrange for the carrying out by qualified personnel of field
layout including the provision of line and grade to the contractors and, where
required, restaking.
(b) To thoroughly inspect the construction, installation, and supply of materials
to ensure that all work is being performed in accordance with the Engineering
Drawings, the Municipality's Design Criteria and Standard Drawings and all
applicable law. The Owner's Engineer shall have the authority and
responsibility to immediately stop and/or reject any work, procedure, or
material which in his opinion does not comply with the Engineering Drawings,
the Design Criteria and Standard Drawings, and/or the applicable law.
(c) To carry out or arrange the carrying out by qualified personnel of all
necessary monitoring and field testing of procedures, equipment and materials
installed or proposed to be installed and, in conjunction with the geotechnical
engineer, and where appropriate, the structural engineer, provide certification
to the Director that all monitoring and test results meet the requirements of
Schedule ilL" of this Agreement.
( d) To provide co-ordination and scheduling of the construction and installation
of the Works in accordance with the timing provisions contained in this
Agreement and the requirements of the Director.
1lo
Schedule "I" -3-
(e) To 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.
(t) To obtain field information during and upon completion of the construction
and installation of the Works required to modify the Engineering Drawings
to produce the as-constructed drawings of the Works
4. MAINTAIN RECORDS
The Owner's Engineer shall maintain all records, data, reports, approvals and orders
pertaining to the construction and installation including all contract documents, sub-
contracts and supply contracts, payment certificates, payment 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
construction and installation of the Works on a monthly basis, or at such other interval
as approved by the Director.
6. PREPARE AS-CONSTRUCTED DRAWINGS
The Owner's Engineer shall prepare and submit the as-constructed drawings of the
Works together with the computer disks, if any have been prepared, to the Director
provided that the as-constructed drawings shall be prepared to the satisfaction of the
Director.
11
SCHEDULE ".T"
THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been
authorized and approved By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
WORKS COST ESTIMATES
1. INITIAL WORKS
a. Storm Sewer System $ 49,220.50
b. Initial Roadworks $ 54,430.00
c. Grading and Siltation Control $ 20,095.00
2. STORMWATER MANAGEMENT SYSTEM $ 0.00
3. STREET LIGHTING SYSTEM $ 2,400.00
4. FINAL WORKS
a. Final Roadworks $ 40,650.00
b. Boulevard and Driveway Works $ 16,975.00
c. Street Trees $ 7,000.00
Sub-total $ 190,770.50
5% Contingency Allowance $ 9.538.53
Sub-total $ 200,309.03
10% Engineering Allowance $ 20.030.90
Sub-total $ 220,339.93
G.S.T. Allowance $ 15.423.80
Total Estimated Value of the Works: $ 235,763.73
Total Amount of Performance Guarantee: ~ 235.7 63. 73
SUBSEOUENT STAGES
The Performance Guarantee for the Works shall be based on the preliminary
Works Cost Estimates which have been submitted to the Director by the Owner's Engineer
and approved by the Director. When the Engineering Drawings and the Landscaping Plan
have been approved by the appropriate Director as is required by this Agreement, a revised
Works Cost Estimates for the construction and installation of Works shall be prepared by
the Owner's Engineer and submitted to the Director for approval. The revised Works Cost
Schedule "J"
-2-
Estimates shall be used as a basis to adjust' the Performance Guarantee, in the event of an
increase or decrease in the Works Cost Estimates.
l~
"
19
SCHEDULE "K"
THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been
authorized and approved by-law No. 94-29 of the Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
INSURANCE REQUIRED
1. TYPES OF COVERAGE REQUIRED
The Owner shall obtain and maintain insurance of the character commonly
referred to as public liability and property damage with an insurance company
approved by the Municipality's Treasurer and licensed in Ontario to underwrite such
insurance and containing terms and conditions which are acceptable to the
Municipality's Treasurer. Such policy or policies of insurance shall indemnify the
Municipality against all damage or claims for damage for:
(a) any loss or damage that shall or may happen to any of the Works or any of
the Utilities or to any part or parts thereof respectively;
(b) any loss or damage that shall or may happen to any of the materials or any
of the equipment or any other things used to construct or install any of the
Works or any of the Utilities or any part or parts thereof respectively;
( c) any injury to any person or persons including workmen employed on the said
Lands and the public;
(d) any loss or damage that shall or may results from the storage, use or handling
of explosives;
(e) any loss or damage that shall or may result from the drainage of surface
waters on or from the said Lands;
(t) any loss or damage that shall or may result from the disposal of effluent from
any sewage disposal works; and
(g) any loss or damage that shall or may happen to any public road or to any
other property of the Municipality or to the property of any other person
either directly or indirectly by reason of the Owner undertaking the
development of the said Lands together with any or all of the Works, Utilities
and Services pertaining thereto.
~
<30
Schedule "K"
-2-
2. AMOUNTS OF COVERAGE REOUIRED
Policy or policies of insurance shall be issued jointly in the names of the
Owner and the Municipality and shall provide the following minimum coverages for
five million ($5,000,000.00) dollars for all damage arising out of one (1) accident or
occurrence or series of accidents or occurrences.
The issuance of such policy or policies of insurance or the acceptance of it or
them by the Municipality shall not be construed to relieve the Owner from
responsibility for other or larger claims for which it may be held responsible.
3. EXEMPTION OF COVERAGE PROHIBITED
The policy or policies of insurance shall contain no coverage exemptions or
limitations for:
(a) any shoring, underpinning, raising or demolition of any 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 in cases in which the Owner is
required to obtain the Director's permission to carry out a blasting operation
under Schedule "L" of this Agreement.
4. TERM OF INSURANCE
The term of the required insurance shall commence no later than the day 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.
~{
SCHEDULE "L"
THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
REGULATIONS FOR CONSTRUCTION
1. GENERAL
All work pursuant to and associated with this Agreement shall be carried out
in strict conformity with all approved Engineering Drawings, the Municipality's
Design Criteria, Standard Drawings and Specifications or any revisions thereof and
all applicable legislation, in addition to any requirements set out in this Agreement.
2. SAFElY
The Owner shall ensure that all construction pursuant to and associated with
this Agreement is carried out in conformance with the Occupational Health and
Safety Act, and other applicable legislation.
3.
PERMITS AND APPROVALS
(
The Owner shall ensure that any and all permits and approvals required to
install or construct or prepare to install or construct any of the Works pursuant to
or associated with any part of this Agreement have in fact obtained and are valid and
in good standing.
4.
REQUIREMENTS FOR BLASTING
Prior to commencing any blasting, the Owner shall obtain from the Director,
permission to carry out the blasting operation.
5. REMOVAL OF TOPSOIL
The Owner shall not remove any topsoil from the said Lands except for
construction purpose and such topsoil must remain within the limits of the said
Lands.
~)-
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 bi.nds to be
dedicated to the Municipality other than the roads within the limits of the said
Lands, without the written consent of the Director.
7. DISPOSAL OF CONSTRUCTION GARBAGE
The Owner shall remove and dispose of all construction garbage and debris
from the said Lands in an orderly and sanitary fashion in a dump site off the said
Lands and approved by the Director. The Municipality shall not be responsible for
the removal or disposal of garbage and debris. The Owner shall deliver a copy of
this provision to each and every builder obtaining a building permit for any part of
the said Lands and to ensure that no burning of construction garbage or debris is
permitted on the said Lands. Without derogating from the foregoing provisions of
this paragraph, if the Owner fails to remove construction garbage or debris from 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 Municipality
. the amount of money for it is invoiced.
8. QUALITATIVE AND OUANTITATIVE TESTS
(1) The Owner's Engineer shall arrange for and monitor all testing or procedures,
equipment and materials, by a qualified geotechnical engineer and where
applicable, a qualified structural engineer, who shall ensure conformance with
the Engineering Drawings, and either with the Municipality's Design Criteria
and Standard Drawings, or in cases where criteria have not been specified by
the Municipality, with the Ontario Provincial Standards for Roads and
Municipal Services.
(2) Prior to the issuance of a Certificate of Completion, the Owner's Engineer,
in conjunction with the geotechnical engineer and where applicable structural
engineer, shall issue a certificate in a form acceptable to the Director,
confirming, based on the location, frequency and type of tests and monitoring
13
Schedule "L"
-3-
and the results of such tests or monitoring, that he is satisfied with the
materials testing methods used and that the results conform to the
requirements of paragraph 8(1) of this Schedule "L".
(3) The Owner agrees that the Director may, at his sole discretion, employ a
geotechnical engineer to carry out independent qualitative or quantitative tests
on behalf of the Municipality, for any portion of the Works, procedures,
equipment or materials installed or constructed or to be installed or
constructed and that the costs of such testing shall be paid by the Owner.
9. TELEVISED INSPECflON OF STORM SEWER
The Owner agrees to televise and record, to the satisfaction of the Director,
and for Municipality use, all of the storm sewers, and where deemed necessary by the
Director, all catchbasin leads and service connections and, subsequent to any
rectifications or additional work, to re-televise and record to the 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 CONSTRUCflON
In addition to the materials testing criteria for cold weather construction, any
pipe bedding, trench backfill or road building material found to contain frozen
. material shall be deemed unacceptable and shall be removed immediately.
The Owner shall not commence placement of base asphalt paving later than
December 1st and shall not commence placement of surface asphalt paving later than
November 15th, unless approved otherwise by the Director.
Should the Director be of the opinion that any of the Works are not being
constructed using effective cold-weather precautions he may, in his absolute
discretion, revoke any Authorization to Commence Works and suspend construction
by issuing a stop work order to be in effect until the Director give the Owner written
notice of the termination of the stop work order.
11. MAINTENANCE, CWSING AND USE OF EXTERNAL ROADS
The Owner shall, at all times during the life of this Agreement ensure that
during any construction on the said Lands, all public highways abutting the said
~4
Schedule "L"
-4-
..
Lands and all public highways used for access to the said Lands, shall be maintained
in a condition at least equal to their condition on the date as of which this is
Agreement is made, and in all cases to the satisfaction of the Director. At all times,
the Owner shall maintain all such highways free of dust and mud which originate
from the Lands. If, in the opinion of the Director, a highway has been damaged as
a result of the construction, installation or maintenance of the Works, or the
development of any portion of the Lands as a result of any action or default by any
person other than the Municipality, its agents, employees or contractors, forthwith
after the Director gives the Owner written notice of his opinion, the Owner, at the
Owner's expense, shall repair such road to the condition which is at least equal to
its condition immediately prior to the date of such damage, to the satisfaction of the
Director. No highway outside the limits of the said Lands shall be closed without the
prior written approval of the authority having jurisdiction over such highway. The
Owner agrees not to use or occupy any untravelled portion of any road allowance
without the prior written approval of the authority having jurisdiction over such road
allowance.
12.
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 Municipality, the
Owner shall maintain all internal roads in a condition acceptable to the Director, and
shall ensure these roads are free of dust and mud.
13. WEED AND RAT CONTROL
After the commencement of construction the Owner shall institute upon the
Lands a program of weed and rat control to the satisfaction of the Director.
~s
.'
SCHEDULE "M"
THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
USE OF THE LANDS
The Owner agrees that the said Lands shall not be used for the purpose other
than as set out in the following table:
LOT OR BLOCK ~BER
ON 40M PLAN
PERMITTED LAND USE
Lots 1 to 26
- Single family dwellings
Blocks 27, 28, 29 and 30
- Future residential, single family
dwellings
..
2P
S~HEDULE "N"
THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
Lt\NDS UNSUITABLE FOR BUILDING
The Owner agrees that no application will be made for a building permit for
the erection of any structure on the Lands listed in the following table, until the conditions
listed in the following table have been satisfied to the approval of the Director of Public
Works and/or any other Authorities having jurisdiction.
LOT OR BLOCK NUMBER
ON 40M PLAN
LAND USE
Blocks 27, 28, 29 and 30
- 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.
g7
..
SCHEDULE "0"
I
THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
LAND REOUIRING SITE PLAN APPROVAL
The Owner shall not make or permit or offer any person(s) to make an
application for a building permit for the erection of any building or structure on any of the
lands listed in the following table until a Site Plan Agreement has been entered into with
the Municipality and the building permit complies in all respects with the terms of the Site
Plan Agreement.
LOT OR BWCK NUMBER
ON 40M PLAN
Not Used
...
.
SCHEDULE "P"
THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
Not Used
~~
..
6S
~
SCHEDULE "Q"
THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
CONSERVATION AUTHORI1Y'S WORKS
(1) Prior to the commencement of site preparation, including rough grading of roads,
the Owner shall obtain Central Lake Ontario ConselVation Authority approval for
a site grading and erosion control plan, which provides for the on-site containment
of sediment.
(2) The Owner shall carry out, or cause to be carried out, to the satisfaction of the
Central Lake Ontario ConselVation Authority, the recommendations referred to in
the report required in Draft Conditions of Approval No.8, .as noted above.
'"
qo
~
SCHEDULE "R"
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
ENGINEERING AND INSPECTION FEES
Estimated Cost of Works
~
Up to $100,000.00
4% to a maximum of $4,000.00
$100,000.00 to $500,000.00
$4,000.00 or 3.5% 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
$1,000,000.00 to $2,000,000.00
$30,000.00 or 2.50% of the estimated cost of services -
whichever is greater
$2,000,000.00 to $3,000,000.00
$50,000.00 or 2.25% of the estimated cost of services -
whichever is greater
$3,000,000.00 to $4,000,000.00
$67,500.00 or 2% of the estimated cost of services -
whichever is greater
For the purposes of calculating the Engineering and Inspection Fees as
contemplated by this Schedule, the estimated costs of Works shall include the Cost
Estimates as specified in Schedule "}'I hereto, and shall also include the estimated cost of
Region services. The payment of the Engineering and Inspection fees to the Municipality
are subject to the Goods and Services Tax, and therefore an additional seven (7%) percent
must be added to the fees calculated using this Schedule and paid by the Owner to the
Municipality.
The Engineering and Inspection Fees are to be paid to the Municipality prior to
issuance of the Authorization to Commence Works provided that if there is a Staging Plan
the Engineering and Inspection Fees relating to each stage are to be paid to the
Municipality prior to issuance of the Authorization to Commence Works for the stage in
question.
..
Cl (
;I
SCHEDULE "S"
\
THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
REGION'S CONDITIONS OF APPROVAL DATED .JULY 25, 1990
1. That this approval applies to draft Plan of Subdivision 18T-88094, prepared by
Donevan & Fleischmann Co. Ltd., identified as job number 94008, which illustrates
26 lots for single detached dwellings, 4 blocks for the development of 2 additional
single detached dwellings and a block for a public road.
2. That the road allowances included in this draft plan shall be dedicated as public
highways.
3. That the road allowances included in this draft plan shall be named to the
satisfaction of the Regional Municipality of Durham and the Municipality of
Clarington.
4. The Owner shall submit a Landscaping Plan, prepared by a qualified landscape
architect, to the Municipality of Clarington for review and approval.
5. The Owner shall submit a Master Drainage and Lot Grading Plan, prepared by a
professional engineer, to the Municipality of Clarington for review and approval.
6. That such easements as may be required for utilities, drainage and servicing purposes
shall be granted to the appropriate authorities.
7. That the land uses on the approved draft plan shall be placed in appropriate zoning
categories in a Zoning By-law passed by the Council of the Municipality of
Clarington in accordance with the Planning Act, 1983, as amended.
8. . That prior to the commencement of site preparation, including rough grading of
roads, the Owner shall obtain Central Lake Ontario Conservation Authority approval
for a site grading and erosion control plan, which provides for the on-site
containment of sediment.
9. That prior to any grading or construction on the site, the Owner shall prepare lot
grading and surface drainage plans, which shall be acceptable to the Ministry of
Natural Resources. These plans will show all proposed surface drainage works and
will describe the means to minimize or eliminate on-site erosion and the direct
discharge of stormwater flow into Farewell Creek, both during and after construction.
10. That the Owner shall provide for the extension of such sanitary sewer and water
supply facilities which are external to, as well as within, the limits of this plan that
are required to service other developments external to this subdivision. Such
sanitary sewer and water supply facilities are to be designed and constructed
according to the standards and requirements of the Regional Municipality of
Durham. All arrangements, financial and otherwise, for said extensions are to be to
the satisfaction of the Regional Municipality of Durham, and are to be completed
prior to final approval of this plan.
11. 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.
,j
(] '1,
-(if
:t
Schedule "S"
-2-
12. That prior to final approval of this plan, the Owner shall satisfy all requirements,
fmancial or otherwise, of the Municipality of Clarington. This shall include, among
other matters, the execution of a subdivision agreement between the Owner and the
Region of a subdivision agreement between the Owner and the Region concerning
the provision and installation of sanitary sewers, water supply, road and other
Regional services.
13. 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
and the Region concerning the provision and installation of sanitary sewers, water
supply, roads and other Regional services.
14. That the subdivision agreement between the Owner and the Municipality of
Qarington shall contain, among other matters, the following provisions:
a. The Owner shall carry out, or cause to be carried out, to the satisfaction of
the Central Lake Ontario Conservation Authority, the recommendations
referred to in the report required in Condition 8.
b. The Owner shall implement the drainage and erosion plans as required in
Condition 9.
15. 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 Clarington, how Conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 12 and
14 have been satisfied;
b. Central Lake Ontario Conservation Authority, how Conditions 8 and 14a)
have been satisfied; and
c. Ministry of Natural Resources, how Conditions 9 and 14b) have been satisfied.
,1
..
SCHEDULE "T'
THIS SCHEDULE IS SCHEDULE "T" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
TREE PRESERVATION PLAN
Not Used
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SCHEDULE "un
THIS SCHEDULE IS SCHEDULE "un to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
LANDSCAPING PLAN
(See Attached)
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PLAN 101.4-809
BLOCK 120
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AVENUE
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TREE
PLANTINC SCHEDULE
c_ IWI[
CRIMSON 1C1Nf;, 1lIAPL[
WEHSPIRE LltaH
on
BOTANIUL HAW(
ACO PLAN1ANQIQ(S .CRn'sON KIN(;-
TllIA CORDATA "c.REENSf'IR["
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NOTES' I J TREES TO K PLANTED 45 fJEA ...."
Of CLARINC;lON SlAN)ARD N.4Z4
21 EXACT LOCATION OF TREES TO BE
DEttRulN(D At TUII[ OF rLAHTlNC.
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KEY PLAN
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TYPICAL TREE DETAIL
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KINTYRE STREET
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APPROVED
APPROVED
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---'MUNiCiPALITy OF ClARINGTON
t)f"AJl-lwr-Nr 01-" 'h~_",_.~_ ~~~.. .___
--HI'CHlANO---G',,'RO(NS PHAS~ 3
LANDSCAPE PLAN
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SCHEDULE "V"
THIS SCHEDULE IS SCHEDULE "V" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
REQUIREMENTS OF OTHER AGENCIES
A. MINISTRY OF NATURAL RESOURCES
(1) Prior to any grading or construction on the site, the Owner shall prepare lot grading
and surface drainage plans, which shall be acceptable to the Ministry of Natural
Resources. These plans will show all proposed surface drainage works and will
describe the means to minimize or eliminate on-site erosion and the direct discharge
of stormwater flow into Farewell Creek, both during and after construction.
(2) The Owner shall implement the drainage and erosion plans as required in Draft
Condition of Approval No.9, as noted above.
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SCHEDULE "W"
THIS SCHEDULE IS SCHEDULE "W" to the Agreement which has been
authorized and approved by By-law No. 94-29 of The Corporation of the Municipality of
Clarington, enacted and passed the 28th day of February, 1994.
ARCHITECfURAL CONTROL STANDARDS
All dwellings to be erected on the said Lands shall satisfy the following
architectural control standards:
1. EXTERNAL MATERIALS:
(a) Exterior construction must be a minimum of forty (40%) percent masonry products
excluding stucco and concrete blocks. Dwellings sited at the comers require full
height masonry products on all elevations.
(b) No substitutions are allowed within paragraph (a) except by written permission of the
Director of Planning and Development.
2. COWURS:
(a) Colours of bricks, siding, roofs and trims must be compatible and in harmony such
as earthtone range, pastel 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 STILES:
(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.
aO
to
.
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.
.
T'" ,,(
CREICHTON. VICTOR, AL.CXANOr:~ HAYWARD a: MORISON
BARRISTERS & SOUeITO~5
T. ItEl.&O QIElGHTON, Q.C- (HIIIlZ-1973)
.JO.5I!:I"K ~ Yl~TC,...o1. 1IhA,.,. LJ.....::lS_ ct.c- 'Rosmrr A. .AL.EXANDEa. 0:___ ~s.
nONAU> .J.. HAYWAArl. LA.. 1.1-'11- G. CKARl.ES S. IoIOII.tSClM. 11-I., \ol-8.
OI"I"JCE I.OCATlOH, :2:l!1S ICING STREET l>AST
OSHAWA. ONTARIO L1H 1C5
TEl.U'>tClNltc_o,f723-3-446
FA;( (1l0Sl 432-is23
MAILING AJ:ltJl'li:SSI PSTL S1'N, 206 KING STI'l~i07 EAST
1".0_ l!lcx 2&010
OSHAWA. O!lr.ARIO L1H 8R4
May 24th, ,Q94.
Mllni~ipRl;r.y of r.1RT;ng~on,
40 Temperance Street,
Bowmanville, Ontario_
LIe 3A6
A~tention: Mr. L. D. Taylor, Manager
Development. Review Branch
--------------------------------------
Dear Mr. Taylor:
Re: H. Kassinge~ Construction Limited
Plan of Subdi~s1on - par~ Lot 32,
Concession 3, former Township
o! uarllngton, now Municipality of
Clarington, Elock 119, Plan lOM-S09
and Block 222, Plan IOM-826, elarington
Please be advised that we are the solicitors fo~
H. Kassinger Construction Limited.
We hereby certify that B. Kassinger Construction
Limited is 'the sole owner in :fee aimple of all lands included in
the Plan be~~ registered for Block 119, Plan 10M-B09 and Block
222, Plan lOM-826. Clarington hereinafte~ referred to as the
"Lands". We further certify that there are no mortgages or other
encumbrances upon the Lands or any part thereof save and except
the following:
MORTGAGES - There are no mortgages registered against
title.
Bloak 119, Plan 10M-809, Cl~rin9ton
SubdiviG~on A9rc~cnt in f~vour of
Municipality of Clarington registered as
No. 13201
- Subdivision Agreement in favour of Regional
Muuici1;>d.llLX vI DuilJeUL! r~y1.~L~_n~u d~
No. 14063
~"" I'i'h
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IH~Nl r~q QTf7'o.
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- 2 -
~asem@nt in Iavour of Munioipality o~
_ Clarington registered as No. ~~22553 over
Part of Block 119, Plan 10M-BOg now
designated as Part 3, Plan lOR-3443
Block 222, Plan lOM-826, Clarington
- Subdivision Agreement in favour of
Municipality of Clarington ~egistered as
No. 13201
- subdlvl~loll A~r~~~llL in iavour o~
Municipality of Clarington registered as
No. NL20495
- Subdivision Agreement in favour of Regional
Municipality of UUrham registered as
No. NL22489
- Easement 1D tavour ot Mun10ipallty ot
Clarington registered as No. NL22553 over
Part of Block 222, Plan lOM-826 now
designated as Part 2, Plan lOR-3443
We further oertify that H. Kassinger Construction
Limited is sole ,owner in fee. simple of all lands to be conveyed
to the Municipalitv of Clarinqton or over which easements or
rights are to be conveyed to the Municipality of clarington
pursuant to paragraph 2.2(2) and Sohedule ftEft of the Agreement
are free from all encumbrances save and except as above set out.
This certificate is given by our fir.m to the
M1.1l'\i.t:!ips 1 H~y of cJ ;;ll~i ng't.nn fnr. r.bp. pnl:'Pl"I~p of hAV; n9 T.nF!
Municipality,of Clarington rely on it and to act on it in
approving and relea~ing the propo~ed Plan of Subdivi~ion and for
certifying title.
Please note that Schedule ftA" is to be amended as
followo~
"....and being comprised of Part of Lot 32,
Concession 2, Geographic Town$hip of
Darlington. . . "
to be amended to
"....and being comprised of Part of Lot 32,
concession 3, Geo9raphic Township ot
Darlington... "
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or.SO {:7,9 9TtD.
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1.
2.
3.
We enclose herein the following:
Executed Subdivision Asreement in triplicate
Execu.ted Transfer of Ea$eUE~l1L
Copy of Tax Certificates
If you require any further information or
dooume~ts, please contact OUt' uLLlc.::e at your conveni.ence.
xours very truly,
C~biGHTON VICTOR ALEXANDER
HAYWARD & MORISON
JCV;wd
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(8) This Document provides as follows:
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Schedule
Additional:
See
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Inhibiting Order Attached
( (9) This Document relates to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
DYE & DURHAM CO, INC,-Form No. 985
Amended NOV. 1992
Document General
Form 4 - Land Registration Reform Act
o
(1) Registry 0
(3) Property
Identlfler(s}
Land Titles ~ T (2) Page 1 of
Block Property
pages )
Additional:
See 0
Schedule '
(4) Nf6t~'lJ't TIlE MUNICIPALITY FOR INHIBmNG ORDER (Section 23
of the Land Titles Act)
(5) Consideration
Dollars $
(6) Description
Pa.rt Parcel Plan 1, Section 40M- t1'BD, as to Lots 21 and 22,
Plan 40M- \1150 , Municipality of Clarington, Regional
Municipality of Durham.
o
(7) This
Document
Contains:
o
Additional
Description 0 Parties D Other @
(a) Redescription
New Easement
PlanlSketch
(b) Schedule for:
Continued on Schedule 0
I
Signature(s)
Date of Signature
Y M 0
Per: ~..")..~. ! 1<1 <1'1 ! D'-t I () S-
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THE CORPORATION OF THE
,.... -MUNICIPALITY' OF'CLARINGTON,' - -...
. _ . . .~:x F~~ ~~~~~~~~~~ .S_~i~~~~ . ~~~~~~~ . _ . . .
(11) Address
for Service
Nicholas T. Macos
c/o 401 Bay Street, Box 32, Toronto, Ontario, M5H 2Z1
(12) Party(les} (Set out Status or Interest)
Name(s)
(13) Address
for Service
(14) Municipal Address of Property
not assigned
Signature(s)
Date of Signature
Y M 0
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. . . . . - - . . . . . . - . . . . . . . - . - . . . . - . . . . . r . . - . .
(15) Document Prepared by:
SHIBLEY RIGHTON
401 Bay Street, Suite 1600
Toronto, Ontario, M5H 2Z1
Attn: Nicholas Macos
I~ Fees and Tax
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~ Registration Fee
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LAND TITLES ACT
Section 23
APPLICATION BY MUNICIPALI1Y FOR INHIBITING ORDER
TO:
THE lAND REGISTRAR FOR THE lAND TITLES
DIVISION OF DURHAM (NO. 40)
I, Patti Barrie, Clerk of The Corporation of the Municipality of Clarington hereby certify
that
H. KASSINGER CONSTRUCTION LIMITED
Glotk
the registered owner of Parcelh 19;ISection 10M-809, being Block 119, Plan 10M-8OO, and
Parcel 222-1, Section lOM-806, being Block 222, Plan lOM-826, Municipality of Clarington,
Regional Municipality of Durham being the land laid out by a Plan of Subdivision dated
I\J\Cl~ :J. (II I I q q '-L-prepared by W. John Burg, Ontario Land Surveyor, has not executed
and i not under any obligation to execute any Transfer of Land or Transfer of Easement
or any Agreement affecting title to the said land in favour of The Corporation of the
Municipality of Clarington which has not been registered as of the date hereof except the
following:
TRANSFERS AND AGREEMENTS
WTS AND BLOCKS
Transfer of Easement
(Rear Yard Catch Basin & Storm Sewers)
Part of Lots 21 and 22, Plan
40M- Il($O , designated as Parts 1
and 2 on Plan 40R-
AND as to the Lots and Blocks mentioned above, I HEREBY REQUEST you to issue an
Order or make an entry under Section 23 of the Land Titles Act inhibiting any dealing with
those Lots and Blocks until the Instruments mentioned above have been registered.
The address of the applicant for service is 40 Temperance Street, Bowmanville, Ontario L1C
3A6.
DATED at Clarington this g'l-h day of .J u '- i
, 1994.
Municipality of Clarington
I have authority to bind the Corporation.
..,
~)
~ Province
~V~ of
~ Ontario
Transfer/Deed of Land
DYE & DURHAM co, INc,-Form No, 970
Amended NOV. 1992
~.
Form 1 - Land Registration Reform Act
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(1) Registry D
(3) Property
I dentlfler( s)
Land Titles iii 1(2) Page 1 of 3
Block Property
pages
Additional:
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(4) Consideration
TWO
Dollars $ 2.00
(5) Description This is a: Property D
Division
Property
Consolidation D
Part of Parcels 21-1 and 22-1, Sectimn 40M-/7Vo
being Part of Lot 21 and Lot 22, plan 40M-/1B'o
now designated as Parts 1 and 2, Plan
40R- '" i'S"o Municipality of Clarington,
D Regional Municipality of Durham
Additional:
See
Schedule
Additional:
See
Schedule
D
(6) This (a) Redescription (b) Schedule for:
Document New Easement
Contains Plan/Sketch 0 Description 0
Additional
Parties 0 Other 0
(7) Interest/Estate Transferred
~~~~ Easement
(8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
~H~('~SI~GER. CON~TRUCTIO~LI~TED....... ~~""U~(' .J);..... ../~...: .~~~;s;~~~
.. . .,.... .. ... .. ... ... .. ... ... ... ....,... St~Ph~~~~ ~~t. j199.4 r. !~1
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . .;. . . i . . .
I have authority to bind the c~rpor~tiqn
. "
, "
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ....................................... .:. . . : . . . .
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(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
Y M 0
. . . . . . .. ...................................
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(10) Transferor(s) Address
for Service
500 Mayfair Avenue, Oshawa L1G 2Y2
(11) Transferee(s)
Date of Birth
Y M 0
,
CORPORATION OF THE MUNICIPALITY OF CLARINGTON : I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J . . . . . .:. . .
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(12) Transferee(s) Address
for Service
40 Temperance Street, Bowmanville LlC 3A6
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(13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act.
Date of Signature Date of Signature
Y M 0 ,Y M 0
I I!! : : ~
Signature. . . . . . . . . . . . . . . _ . _ . . . . . . .:. . . . . .:. _ _ . . . _: Signature. _ . . . . . . . . . _ . . _ _ . . . . . . . . _ . .!. _ _ . . .!. . . j _ _ . .
Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to
determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and
belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing, Date of Signature
Name and I Y ,M, 0
Address of S' ! !!
Solicitor Ignature. - . - - . . . - . . . . . . . . - - . - . - . . . .' . . . . . .'. . . .' . . . .
(14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 50 (22) (c) (ii) of the Planning Act and that to the beslof my knowledge and belief this transfer
does not contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing,
Name and
Address of
Solicitor
Date of Signature
Y M 0
,
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. I :'
Signature. . _ . _ . . . . . . . . . . . . . . . . . . . _ . .1. . . . . . '. . . .:. . . .
(15) Assessment Roll Number Cty, Mun, Map ! Sub, , Par, , rrr Fees and Tax
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of Property , , not assigned
, Sf)
, , Z Registration Fee -
(16) Municipal Address of Property (17) Document Prepared by: 0
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(/) Land Transfer Tax
not assigned ereighton victor Alexander ::>
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Hayward & Morison, 235 King ()
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Street E. , Oshawa L1H lC5 u-
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Page 2
ADDITIONAL COVENANT,S
The Transferor hereby transfers to the Transferee, its successors and assigns, the free,
uninterrupted and unobstructed right and easement to construct, operate and maintain such
rear yard catch basins and storm sewers together with any and all appurtenances~ facilities
and works (the "Works") as may be required from time to time in, across, under and through
the lands more particularly described in Box 5 hereof (the "Lands").
TOGETIIER with the right of the Transferee, its successors and assigns and its' and their
servants, agents, contractors and workmen with all necessary materials, equipment,
machinery and vehicles to enter upon the Lands (the "Right to Enter") at all times and to
pass and repass thereon for the purposes of installing, constructing, reconstructing,
examining, altering, repairing, renewing or replacing and maintaining the Works or any part
thereof whether or not any part to be so constructed, installed, repaired, renewed, altered,
, replaced or maintained is situate on the Lands.
TO HA VB AND TO HOLD the said easement or right in the nature of an easement on,
in, across, under and through the Lands unto the Transferee, its successors and assigns for
its and their sole and only use forever.
AND the Transferor: a) covenants that it will not erect any buildings or structure, plant.
any trees, hedges or shrubs, place or remove any fill on any part of the Lands or cause or
permit any person to interfere in any way directly or indirectly with the Works or in any way
derogate from the easement hereby transferred; b) hereby releases the Transferee from any
and every claim which mayor might arise out of the exercise by the Transferee of any of
the rights hereby granted or which may arise out of the existence, operation, constructioJl,
reconstruction examination, repair, renewal, replacement and maintenance of the Works;
c) covenants with the Transferee that it has the right to convey the said rights and
easements to the Transferee, notwithstanding any act of the Transferor; d) covenants with
the Transferee that it will execute such further assurances of the said rights and easements
as may be required by the Transferee; e) covenants to transfer to the Transferee, from
time to time, such other easements on a temporary basis only as the Transferee may
reasonably require to exercise the Right to Enter; and 1) releases to the Transferee all
claims upon the interest hereby transferred.
AND the Transferee shall have quiet possession of the said easement or right in the nature
of an easement, free from all encumbrances and restrictions~ save as mentioned herein.
Affidavit of Residence and of Value of the ConSideratio~'
Form 1 - Land Transfer Tax Act
ReIer' to all instructions on reverse side, ,
IN THE MATTER OF THE CONVEYANCE OF (I"""brlefde~/onof,.ntf) Part of Parcels 21-1 and 22-1, Section
4OM-1780 beinq Part of lot 21 and lot 22, Plan 40M-1780 nCJIN desiqnated as Parts 1 and 2,
Plan 40R-16850, Municipality of C1arinqton, Reqional Municipality of Durham.
BY (print n_a of an trIInsfetm In full} H. Kassinqer Construction 'Limited
O'fl & 1lUAH1IM co, lllC, ' Form No. SIlO
~ Amended 1"1
'!he cOrporation of the Municipality of C1arington
TO (_Inatrucllon 1 and print namea of an tran.,._ln full}
I. (a.. Inatructlcn 2 and print name(a) In full} Nicholas T. Macos
MAKE OATH AND SAV THAT:
1. I' am (place a c1Hr malic w/1IIIn the Iqua,. oppoa/te that one of the following paragrapha that detcrlbea the capacity 0' the daponant{a)}: (aee Instruction 2)
o (a) A person in trust lor whom the land conveyed in the above.d\!scribed conveyance is being conveyed;
o (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
o (c) A transferee named in the above.described conv~yance;
ag (d) The~r solicitor acting in this transaction for (Inseff name(s) of prlnc/pa/(s)) '!he Corporation of the Municipa1i tv
of C1arington
described in paragraph(s) (al. (bl. (c) above; (strike out references to Inapplicable paragraphs)
o (e) The President, Vice-President. Manager. Secretary. Director. or Treasurer authorized to act for (lnseffname(s) ofcorporatlon(s}}
described in paragraph(s) (a). (b), (c) above; (strike out references to Inapplicable paragraphs)
o (I) A transferee described In paragraph( ) (IMeIt only one 01 paragraph (a). (b) or (c) abo~. as applicable) and am mak ing this affidavit on my own behall and on
behalf of (In"" name of 1pOUII) who is my spouse described
in paragraph ( ) (Inseff only one of paragraph (a), (b) or (c) abo~. 86 applicable) and as such. I have personal knowledge of the facts herein deposed to,
2. (To be completed where the value of the consideration for the conveyance exceeds $400.000).
I have read and considered thedefinitlon of "single family residence" set out in clause 1 (1) (ja) of the Act. The land conveyed in the above.described conveyance
o contains at least one and not more than two single family residences. NOli!: Clause 2( 1 )(d) Imposes an additional tax at the rate of one-half of one per
o does not contain a single family residence. cent upon the value of consideration In excess of $400.000 where the convey.
o contains more than two single family residences. (_Inatructlon 3) ance contains at least one and not more than two single family residences.
3. I have read and considered the definitions of "non-resident corporation" and "non.resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act
and each of thO fOllowing persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non.resident corporation"
or a "non-resident person" as set out in the Act. (_Inatructlona 4 and 5) None
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash , . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . .. $ 2.00
(b) Mortgages (I) Assumed (1/hOW principal and Intere.t to be credited against purchase price) . . _ . . .. $ nil
(ill Given back to vendor . . . . . _ . . . . . . . . . . . . . . $ nil
(c) Property transferred in exchange (deta" below) .. . . . . . . . . . . . . . . . . . . . . . . .. $ nil
(d) Securities transferred to the value of (t>>ta" below). . . . . _ . . . . . . . . . . . . _ . . . .. $ nil
(e) Liens. legacies. annuities and maintenance charges to which transfer is subject . . . . . ,. $ nil
(f) Other valuable t:onsideration subject to land transfer tax (deta" below) ........ $ nil
All Blanks
Must Be
Filled In.
Inseff .N""
(g) VALUE OF LAND. BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Tota/of(a) to (f}) .......... _ . . . . .
(h) VALUE OF ALL CHATTELS. items of tangible personal property
(Reta" Sa'" TeA' ", payab/8 on the vaI/J8 of an chaltelt un"" ell8lllpt under $
the ptOYfslons of the "Re181/ Sales Tu Act., R.S.O. 1980, C.454. 86 a""nded) . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . .
(j) Other consideration for transaction not included in (g) or (h) above ... _ . . . . . . . . . . . . . . . . . . . . . .. $
(j) TOTAL CONSIDERATION .... _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . .. $
5. If consideration is nominal, describe relat1'onship between transferor and transferee and state purpose 01 conveyance. (see Instruction 6)
Transfer to Municit>ali tv pUrsuant to a Subdivision Aqreercent.
$
2.00
$
2.00
Where
Applicable.
nil
nil
2.00
6. If the consideration is nominal, is the lanel subject to any encumbrance?
7. Other remarks and explanations, if necessary.
Sworn before me at the City 0 ~ T..,....... ffJ,
in the "" "''' t. ,",.,:.1....,.'1 ..",: ""'.., ~d.l"'" ht&-_- 7'#.--_'1-.
this 11.,,4 day of J '-4 """ e 19 96
A Commissioner for taking Affidavits. etc.
"Z-t.. ?,~
s/gnature(s)
Property Information Record
A. Describe nature of instrument: Transfer of land
B. (j) Address of property being conveyed (If ava"abfe) not assiqned
For Land Registry Office Use Only
Registration No.
(ii) Assessment Roll No. (If _"abfe) not assiqned
C. Mailing acldress(es) for iuture Notices of Assessment under the Assessment Act for property being
conveyed (see Instruction 7) 40 Temperence Street, Bowmanvi1le, .
Ontario LlC 3A6
Registration Date
Land Registry Office No.
D. (j) Registration number for last conveyance of property being conveyed (llavallabfe)
(il) Legal description of property conveyed: Same as in D.(i) above, Yes 0
E. Name(s) and address(es) of each transferee's solicitor
Nicholas T. ~cos, Barrister & Solicitor,
tmknnwn
No 0 Not known ~
130 Adelaide Street r1est. Suite 2600.
Toronto, ,Ont;:!rio MSH 3P5
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all individuallranslerees Roman Catholic? YesD No D
(bl If Yes, do all individual translerees wish 10 be Roman Catholic Separate School Supporters? YesD No D
(I:) Do allllllllvl(h~lltr;lIlslme()s have French Language Educahon Rights? VesD No 0
(d) If Ves. do all individual translarees wish to support the French Language School Board (where established)? Ves D No D
NOTE: As to (c) and (d) the land being transferred will be assigned to the French Public School Board or seclor unless otherwise directed in (a) and (b)_
04490 (90.09)