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HomeMy WebLinkAbout95-107 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 95-107 being a by-law to authorize the entering into of an agreement between Wolfgang Hryciuk and the Municipality of Clarington WHEREAS on Sept. 11, 1995 , the Council of the Municipality of Clarington approved the construction of .the extension of Maple St. , subject to the applicant satisfying the conditions of the Public Works Department NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be authorized to execute on behalf of the Corporation of the Muncipality of Clarington and seal with the Corporate Seal, an Agreement between Wolfgang Hryciuk and The Corporation of the Municipality of Clarington in the form attached hereto as Schedule "A" . By-law read a first and second time this 17th day of July 1995 By-law read a third time and finally passed this 17thday of July 1995 Mayor eputy Cler ens MMOW wv.ranasas Document Genera! m > Form 4—Und Peg[etratfon Reform Act (1) Pegbw Land TIIMs❑ (9) Pogo 1 of pages @loci Property AdditioNt Schedu4 ❑ ()Nature of 0tledarenl M " AGREEMENT rn to Z tC.- 2V!j w co a:: C„ ti N/A DoYareS wa < Part of Lot 14, Concession 8, o Q_- in the Municipality of Clarington, X ti F (fcrm:�r I-ownship of Darlington), 0 o in the Regional Municipality of Durham; As described in Schedule Attached Hereto; New Property Identifiers Sft E_) As prr-iot;sly described in D411509; Add�uMesL (7J Gd�yusrml (a)Padwepon ;(b)Schedule for: (taw i:tMM11 t Additional (•3 G�nktb: Paawkehli ❑ oeeerfption (] ftdW Cl other ❑ (a)Thts Document Prerfldbe au t, nrj: PLEASE SEE PaG,R€f:-11*.�: P,: ACRED _._ ,_. _v_,. ,._._.._............ ... .. �_ __ ._ .� Go tinned on Soho W18 ❑ (tl)Thb Document q.strr+lo fnsbuaihra;n;Aitari>) (tb)Paity(uq(Set out Stei:n or Inlcrus)3 Name($) Date of Slgnatum i ...THE.CORPORATION. OF.THE..... .. . . ... �..... ...i... MUNICIPALITY O. GLARING!.... (APP.1,i.Cs�P.t.l. ....... ........ ..... ..her.:, 199b.;03.12.0 By Its Solicitors, a G T H. ARMSTRONG . .. 'S6l'tcito'r .;.....f...... (11)o rs meo 40 Temperance Street, Bowmanville, Ontario Lie 3A6 (12)PooWlee)(Sel out Status or In(crest) Name(e) Slpnature(a) Date of Signature Y M 0 HRYCIux"Molfgang................... .... . .............................�.....l. .I.. ......MORE,.Cynthia.Anne......... ..1.1... .. .............................}.....I. .... (Owners)................I............. ..... ............................ ( .... 4)(sder0co 2460 Concession #8, R. R. # 21 Bowmanville, Ontario L1H 3x2 )4)Muntoipal Addreu of Property (1S)Document Prepared by. Pace and T 2460 Concession #8 Grant H. Armstrong R. R. # 2 McGIBBON, BASTEDO, ARMSTRONGPega1 Bowmanville, Ontario 32 Simcoe St.S., Box 2396 LlH 3K2 Oshawa, Ontario L1H 9V6 LL 0 4 21 TOW < • . 2 Ilm.n/r+oPnl�III+npi6+(!�H+V n,Olhe,Inln.Te110+1 _—•�—__•r "' SCHEDULE FOR.DESCRIPTION PREMISING that the southern boundary�of said Lot 14 is north 74 degrees east and all bearings herein are related L•hereL•o. COMMENCING at the south-west angle of said Lot 14; THENCE northerly in and along the western'boundary of said lot a distance of 1980 feet more or less to the southern limit of a road marking the north limit of the south 26 arses of the a south-;vest quarter of said Lot 14; THENCE north 74 degrees east in and along the said southern limit of roadway, a distance of 594 feet more or less to the -intersection of the said southern limit of road with the production northerly of the western limit of Maple street as shown on the said Plan of the Village of Charlesville; ' THENCE south 16 degrees east in and along the western limit of Maple Street and its production northerly 4-distance of 488.4 feet more or less to a point in the said western limit of Maple Street, l distant northerly therein 792 feet from the intersection of the said western limit oc Maple Street with the southern limit of Mill St; THENCE south 74 degrees'west a:d£stanee of 165 feet; THENCE south 16 degrees east a distance of,792 feet; , THENCE north 74 degrees east a distance of 165 feet more or less to a point in the southern limit of Mill Street distant westerly therein 50 feet from the intersection of the said southern limit of Mill Street with the production southerly of the eastern limit of Maple street; THENCE south 16 degrees east a distance of 386 feet; THENCE north 74 degrees east a•,..distance of 50 feet; THENCE south 16 degrees east a distance of 313.60 feet more or less to the southern limit of Lot 141 THENCE westerly in and along the said southern boundary a distance of 644 feet more or less to THE F,QINT OF COMMENCEMENT. save and except Parts 1, 2 and 3, Plan 1011-1905. Save and except Part 7, Plan 1011-252. Save and except Part 4, Plan 1011-387. 1qa )- y paolco ll 4,0_4t-;6n ' FAMA lPit0�1 Jr iHE'L/+1V0`IN TH1S IN51RUT40 Ni.S' LY WITH THE RE V-AT!ONS UNDER ME R£GISM FERENCE PLAN WILL 8E REQUI RED TOO CRIBS D IN SUBSEQUENT R GIB STRA lrm�i • THIS AGRMDMNT made in guintupliaate as of this A77H day of February, 19 BE'P1u8KNs THE CORPORATION OF To MONICIPALITY OP CLARINGTON and - MOLBGSNG'6IlYCIVR AND CYNTHIA ANNE MORE StMA7IHCCA,A6A IfHAPLH6CH.AnY ' r TABLE OF COTS ARTICLE 1 - INTERPRETATION AND SCHEDULES . . . . . . . . . . . . . . . 3 1.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.2 Schedules . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 2 - GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2.1 Recitals in operative Part of Agreement . . . . . . . . . . . 8 2.2 Certification of ovnership . . . . . . . . . . . . . . . . . 8 2.3 Copy of Plan and Agreement Required . . . . . . . . . . . . . 8 2.4 Transfer of Easements . . . . . . . . . . . . . . . . . . . . 8 2.5 Transfer of Lands . . . . . . . . . . . . . . . . . . . . . . 9 2.6 Registration of Transfers . . . . . . . . . . . . . . . . . 9 2.7 Land For school Purposes . . . . . . . . . . . . . . . . . 9 2.8 Charge on Lands . . . . . . . . . . . . . . . . . . . . . . . 9 2.9 Registration of Agreement . . . . . . . . . . . . . . . . . . 9 2.10 Renegotiation and Amendment of Agreement. . . . . . . . . . 9 2.11 Municipality to Act Promptly . . . . . . . . . . . . . . . . 10 2.12 Assignment of Agreement . . . . . . . . . . . . . . . . . . . 10 2.13 Replacement of Draft Plan vit4 Final Plans . 10 2.14 Notification of owner „ . . . it 2.15 Not Used . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2.16 Successors . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 3 - FINANCIA7, . . 11 3.1 Payment of Taxes . . o . 11 3.2 Payment of Local Improvement Charges . . . . . . . . . . . . 11 3.3 Payment of Drainage Charges . . . . . . . . . . . . . . . . 11 3.4 Payment of Development charges . . . . . . . . . . . 11 3.5 cash in Lieu of Land Dedication . . . . . . . . . . . . . . . 12 3.6 Performance Guarantee Required . . . . . . . . . . . . . . . 12 3.7 Use of Performance Guarantee . . . . . . . . . . . . . . . . 13 3.8 Indemnification of Municipality . . . . . . . . . . . . . . . 13 3.9 Insurance . . . . 13 3.10 Maintenance Guarantee Required . . . . . . . . . . . 13 3.11 Use of Maintenance Guarantee . . . . . . . . . . . . . . . . 14 3.12 Reduction and Release of Performance guarantee . . . . . 14 3.13 Reduction and Release of Maintenance Guarantee . . . . . . . 15 3.14 Payment.of Municipality's Costs . . . . . . . . . . . . . . . 16 3.15 Unpaid Monies . . . . . . . . . . . . . . . . . . . . . . . . 16 3.16 occupancy Permit Deposit . . . . . . . . . . . . . . . . . . 16 ARTICLE 4 - PLANNING . . . . . . . . . . . . . . . . . . . . . . . . .. . 16 4,1 Tree Preservation Plan . . . . . . . . . . . . . . . . . . . 16 4.2 Landscaping Plan and Landscaping Requirement . . . . . . . . 16 4.3 Use of Lando . . . . . . . . . . . . . . . . . . . . . . . . 16 4.4 Lands Unsuitable for Building . . . . . . . . . . . . . . . . 16 4.5 Lands Requiring Site Plan . . . . . . . . . . . . . . . . 17 4.6 Requirements for Building Permits . . . . . . . . . . . . . . 17 4.7 Model Home . . . . . . . . . . . . . . . . . . . . . . . . . 19 4.8 Architectural Control Standards . . . . . . . . . . . . . . . 19 4.9 Requirements for sale of Lando . . . . . . . . . . . . . 19 4.10 Requirements for occupancy permit . . . . . . . . . . . . . . 19 4.11 Cash in lieu of Lands for Park or other Public Recreational Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4.12 Special Conditions . . . . . . . . . . . . . . . o . 20 ii ARTICLE 5 - PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . 20 5.1 Municipality Works Required . . . . . . . . . . . . . . . . . 20 5.2 Utilities and services Required . . . . . . . . . . . . . . . 20 5.3 owner's Engineer . . . . . . . . . . . . . . . . . . . . . . 21 5.4 Design of works . . . . . . . . . . . . . . . . . . . . . . . 21 5.5 Engineering Drawings . . . . . . . . . . . . . . . . . . . . 22 5.6 Approval of Grading and Drainage plan . . . . . . . . . . . . 23 5.7 staging of construction . . . . . . . . . . . . . . . . . . . 23 5.8 Approval of schedule of Works . . . . . . . . . . . . . . . . 24 5.9 Approval of works Cost Estimates and stage Cost Estimates 24 5.10 Requirements for Authorization to commence works . . . . 24 5.11 Requirements for commencement of subsequent stages of works 27 5.12 Inspection and Stop Work . . . . . . . . . . . . . . . . . . 27 5.13 Construction in Accordance with Engineering Drawings . . . . 27 5.14 Sequence of construction of works . . . . . . . . . . . . . . 28 5.15 completion Time for Construction of Works . . . . . . . 28 5.16 Additional work . . . . . . . . . . . . . . . . . . . . . . . 28 5.17 Incomplete or Faulty works and Liens . . . . . . . . . . . . 28 5.18 Acknowledgement Respecting Emergency etc. Repairs . . . . . . 30 5.19 Damage to Existing services . 30 5.20 Damage to Neighbouring Wells (Rural Applications only) 30 5.21 Use of Works by Municipality . . . . . . . . . . . . 32 5.22 Maintenance of Roads after Completion . . . . . . 32 5.23 Requirements for Certificate of Completion . . . . . . . . . 33 5.24 Requirements for Certificate of Acceptance . . . . . . . . . 33 5.25 ownership of works by Municipality . . . . . . . . . . . . . 34 5.26 Requirements for Certificate of Release . . . . . . . . 34 5.27 Not Used . . . . . . . . . . . . . . . . . . . . . . . 35 5.29 Cost of Works Referred to in schedule "G" . . . . . . . . . . 35 ARTICLE 6 - COMPLIANCE HITS REGULATIONS . . . . . . . . . . . . . . . 35 ARTICLE 7 - RESPONSIBILITY OF SUBSEQUENT OWNERS . . . . . . . 35 ARTICLE 8 - TIME OF ESSENCE . . . . . . . . . . . . . . . . . . . . 35 ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT . . . . . . . . . . . . . . 35 SCHEDULES TO schedule "A" - "Legal Description of the Lando* Schedule "B" - "Legal Description of Consent Lando" schedule -C" - *charges Against the Lando- schedule "D" - "schedule of Payment of Development Charges- 8chedule •E" - "Transfer of Easements" Schedule -F" - "Lando to be Transferred to Municipality and/or Cash to be Paid in Lieu Thereof- schedule "GI, - "Works Required" schedule •N" - "Utilities and services Required" schedule "I- - •Duties of owners Engineer, schedule -J- - "Works coot Estimates- schedule -K- - "Insurance Required" schedule -L" - "Regulations for construction- schedule "M" - "Use of the Lande- schedule -N" - "Lando Unsuitable for Building" schedule "o" - -Land Requiring sits Plan Approval" schedule "F- - Not 0804. iii schedule "Q" - "Conservation Authority's Work" schedule "R" - "Engineering and Inspection gees" schedule "s" - 'Land Division Comitteele consent Decisions- schedule "T" - "Tree Preservation" schedule "V" - "Landscaping Plan Reduction- schedule "V" - "Requirements of Other Agencies" schedule "w" - "Architectural Control standards" subdivision Agreement Page THIS AoRUHM made in quintuplicate as of this day of February, 1996, S 8 T W 8 8 NS TDS CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "municipality") of TS8 FIRST PART and WOLTOW4,1 xCxUK im. CYNTHIA ANNE MORE (hereinafter called the "owner") OF TER SECOND PART ws8RIM I 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"t D. The Owner represents and warrants that they are the registered Owner of the Lando in fee simple absolutet C. The Land Division Committee of the Regional Municipality of Durham has consented to the conveyances of certain portions of the Lando more particularly described in schedule "D" hereto (copies of the Decisions of the Land Division Committee are contained in schedule "S" hereto) (the "Consent Lands")r ,D. The owner represents and warrants that it has or will enter into an Agreement with the appropriate Public Utilities Commission or other authority or company having jurisdiction in the area of the said Lando for the design and installation of the utilities and services referred to in schedule "H" and hereinafter called the "Utilities and services"t B. This Agreement with the Municipality is made pursuant to subsection 83(12) Of the Planning Act, as amended, to satisfy the Municipality's requirements, financial and otherwise, as provided in conditions to the Consent Decisional 8 subdivision Agreement Page , P. This Agreement is made pursuant to the provisions of subsection 53(12) of the -Planning Act. It is authorized by By-law No. 95-107 passed by The corporation of the Municipality of Clarington on July 17th, 1995. Now THEREFORE NITMMRTE Tear 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 follower ARTICLE 1 - INTERPRE2MON AND BCBEDIILPS 1.1 Definitions (1) In this Agreement the terms (a) "Applicant" means an individual, an association, a partnership or corporation who applies for the necessary building permits for the lots or blocks covered by this Agreement. (b) "appropriate Authority means the Municipality, the Region, a Ministry of the Crown in right of Ontario or other authority or agency considered to be appropriate for the purpose by the Director. (c) "assuming Purchaser* has the meaning assigned to it in paragraph 3.16(1) of this Agreement. (d) "Authorization to Commence Works" has the meaning assigned to it in paragraph 5.10 of this Agreement. (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 Hunicipality of Durham. (j) 'Consent Decisions" has the meaning assigned to it in Recital "c" of this Agreement. (k) 'Consent Lands" has the meaning assigned to it in Recital "C" of this Agreement. (1) "Construction Lien Act" means The Construction Lien Act, R.S.O. 1990 c. C.30 as it may be amended or replaced from _ q Subdivision Agreement Page i time to time. (m) "coat sharing Report* means the *Cost Sharing Report" referred to in schedule "a" of this Agreement. (n) "council" means the Council of The corporation of the municipality of clarington. (o) "Damaged services" has the meaning assigned to it in paragraph 5.19 of this Agreement. (p) "Development Charge" has the same meaning as is assigned to the term in the Development Charges Act R.S.O. 1990, c. D.9. (4) "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 paused under subsectioa 3(1) of the Development Charges Act. (r) "Development Charges Act"means the Development Charges Act, R.S.O. 1990 c. D.9, as it may be amended or replaced from time to time. (9) "Director" means the Director of Public works of the Municipality of clarington or his designated representative. (t) "Director of Community Services" means the Director of Community services or his designated representative. (u) "Director of Planning" means the Director of Planning and Development of the Municipality of clarington or his designated representative. (v) "Drainage Act" means the Drainage Act k.S.o. 1990, c. D. 17 as it may be amended or replaced from time to time. (w) "Rnginsering Drawings" has the meaning assigned to it in paragraph 5.5 of this Agreement. (x) "Final works-has the meaning assigned to it in schedule "a" of this Agreement. (y) "First Application" has the meaning assigned to it in schedule "D" of this Agreement. (s) "First RYCSes Payment- has the meaning assigned to it in Schedule "D" of this Agreement. (as) "Bydrogeologist"has the meaning assigned to it in paragraph 5.20(1) of this Agreement. (bb) *Second 11=040 Payment" has the meaning assigned to it in Schedule ■D" of this Agreement. to Subdivision Agreement Page a (cc) "Third saceas Payment- has the meaning assigned to it in schedule "D" of this Agreement. (dd) "40M Plan" has the meaning assigned to it in paragraph 2.3 of this Agreement. (ee) "arading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreement. (ff) "znitial works" has the meaning assigned to it in Schedule "G" of this Agreement. (gg) "Land Registry office" has the meaning assigned to it in Schedule "A" of this Agreement. (hh) ^Lands" has the meaning assigned to it in Recital A of this Agreement. (ii) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of'this Agreement. (jj) "Maintenance ouarantee" has the meaning assigned to it in paragraph 3.10(1) of this Agreement. (kk) "Master drainage Plan" has the meaning assigned to it in schedule "o" of this Agreement. (11) "Minister"means the Minister of Municipal Affairs, Ontario. (mm) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1) of this Agreement. (nn) "Municipality,means The corporation of the Municipality of ` clariagton or any official, designated by Council to administer the terms of this Agreement. (oo) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1) of this Agreement. (pp) "Occupancy Permit Deposit" has the meaning assigned to it In paragraph 3.16(1) of this Agreement. (qq) "occupancy Permit scale" has the meaning assigned to it in paragraph 3.16(2) of this Agreement. (rr) "Occupational Health and safety Act"means the Occupational Health and Safety Act R.S.O. 1990 o. 0.1 ea it may be amended or replaced from time to time. (ss) "owner" means the Party of the second Part to this Agreement, its successors and assigns and when used to refer to a successor or aesignae of such Party, or to another person, an owner includes an individual, an association, a partnership or a corporation, o ) subdivision Agreement Page 4 (tt) "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 authorisation, in their or its own name to practice professional civil engineering and is a licensed to do ao under the Professional Engineers Act R.S.O. 1990 a. P.28 as it may be amended from time to time provided that the owners snginear shall not be the owner, or an officer, direotdr, shareholder or employee of the owner. (uu) "performance Guarantee" has the meaning assigned to it in paragraph 3.6 of this Agreement. (w) "planning Act" means the Planning Act R.S.O. 1990 c. P. 13 as it may be amended or replaced from time to time. (ww) "Reapproved Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this Agreement. (xx) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreement. (yy) "Region" means The Corporation of the Regional Municipality of Durham. (zz) "Related Works" has the meaning assigned to it in schedule "G" of this Agreement. (aas) "Road system" has the meaning assigned to it in schedule,"G, of this Agreement. (bbb) "schedule of Works" has the meaning assigned to it in paragraph 5.8 of this Agreement. (ccc) "security for the Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(2) of this Agreement. (ddd) "solicitor" means the solicitor for the Municipality. (see) "stage Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this Agreement. (fff) "staging Plan" means the staging plan for the Lands approved by the Director of Public Works pursuant to paragraph 5.11 of this Agreement. (999) "stormwater Management system" has the meaning assigned to it in schedule "G" of this Agreement. (hhh) "storm Drainage system" has the meaning assigned to it in schedule "o" of this Agreement. (iii) "street Lighting system" has the meaning assigned to it in Schedule "G" of this Agreement. subdivision Agreement (jjj) "Temporary ocoupancy Permit" has the meaning assigned paragraph 4.10(2) of this Agreement. (kkk) "Tile Drainage Act"means the Tile Drainage Act R.S.O. C. T.8 as it may be amended or replaced from time to (111) "Treasurer" means the Treasurer of the Municipality o designated representative. (mmm) "Tree Preservation plan* has the meaning assigned to paragraph 4.1(1) of this Agreement. (nnn) "Utilities and services" means the utilities and sere referred to in schedule -H" of this Agreement. (000) "Works" has the meaning assigned to it in paragraph 5. this Agreement. (ppp) "workers' compensation Act"means the Workers, compens. Act R.S.O. 1990, C. W.11 as it may be amended or rspl from time to time. (qqq) "works cost Estimates- has the meaning assigned to i paragraph 5.9 of this Agreement. (2) whether or not it oo provides explicitly, every provision of Agreement by which the owner is required to undertake any ac shall be deemed to include the words "at the coot of the owner- (3) Unless the context otherwise requires when used in this Agreem the singular includes the plural and the masculine includes feminine. 1.2 schedules The following schedules which are attached hereto, together with provisions therein, are hereby made a part of this Agreement as fully for all purposes as would be the case if they were set out in the text this Agreement as covenants and agreementae schedule -A- - "Legal Description of the Lands" Schedule -D" - "Legal Description of Consent Lands" Schedule -C" - "charges Against the Lando" schedule "D" - "schedule of Payment of Development charges" Schedule "E- - "Transfer of Easements" Schedule "x" - "Lands to be Transferred to Municipality and/or Cash be Paid in Lieu Thereof" Schedule "a" - "works Required" schedule "N" - "Utilities and services Required" Schedule "I" - "Duties of owners Engineer" schedule "J" - "Works coot Estimates" schedule "E" - "insurance Required" schedule "L" - -Regulations for Construction" Schedule "M" - -Use Of the Lando" schedule "M" - -Land Unsuitable for Building- schedule "o- - -Land Requiring site Plan Approval" 1� Subdivision Agreement Page 4 Schedule "P" - Not Used schedule "Q" - °conservation Authority Work" schedule "R" - "Engineering and Zospection Fees" schedule "s" - "Land Division committee's consent Decisions° schedule "T" - "Tree Preservation" schedule "u" - "Landscaping Plan" (reduction) schedule "V" - "Requirements of Other Agencies" schedule "W" - "Architectural control standards" ARTXgU 2 - gXURAL 2.1 )recitals in operative Part of Agreement The Owner represents and warrants to the Municipality that each of Recitals A to a of this Agreement is correct. 2.2 Certification of Ownersbin (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 name 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 latter signed by an Ontario solicitor and addressed to the Municipality certifying as to the title of any land outside the limits of the said Lando, 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 Cony of Plan and Agreement Required Not applicable. 2.4 Transfer of Basements (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 Bohedule "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 provided that if the transfers or any of them are not free and clear of all encumbrances and restrictions, they may be accepted by the Municipality and registered against the title to the lands to which they apply, and if they are.so accepted, the owner shall cause the encumbrances or restrictions to be discharged and removed from title prior to the issuance of an Authorization to Commence Rorke pursuant to this Agreement. (2) 2f, prior to the issuance of a building permits) for building(s) proposed to be constructed on the Lands (excluding the Consent Lands), in the opinion of the Director further easements in such lot(s) or blook(s) are required to be transferred to the Municipality, the Region of Durham, the clarington Hydro-Bleotric 1� subdivision Agreement page # 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 e owner agrees to transfer to the municipality, the Region of Durham, the Clarington Hydro-Blectric 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(e), if its creation would prevent the erection of a dwelling on any part of a lot(s) or block(a) shown on the Plan. if further easements are requested to be transferred to the municipality, the Region of Durham, the Clarington Hydro- Electric Commission, or other appropriate authority or company, as the case may be, the provisions of paragraph 2.4(1) shall apply with all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 2.4(2). 2.5 Transfer of Lands on the 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 end 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, foe, or cost payable at the time of or in respect of the registration of such transfers against the title to the lands to which they apply. All transfers referred to in this paragraph 2.5 shall contain provisions to the satisfaction of the Municipality's solicitor, shall be made for a nominal consideration, and shall be in a registerable form. •2.6 Registration of Transfers The transfers of easements and lands referred to in paragraphs 2.4 and 2.5 shall be prepared by the owner and shall be registered at the owner s expense. 2.7 Land For school purposes Not applicable. 2.6 charge on Lands The owner hereby charges all its interest in the Lands with the obligations set out in this Agreement. 2.9 Registration of Agrreement 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 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. 2.10 iteneactiatign and Amendment of Agreement (1) Following the ocourranoo 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 r � Subdivision Agreement Page S$ 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 cases :9 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 followings (i) construction or installation of any of the works bas 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 provieion(s) of this Agreement, the owner and the Municipality will renegotiate the same in good faith and with expedition. in the event that the renegotiation has 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 lose or coat 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 thin 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 Promgtly Wherever the municipality, the municipalitypa solicitor, the Nunicipalityle Treasurer or any Municipality Director is required to take action pursuant to this Agreement, or is required to make a decision or render an opinion, or give confirmation or give authorisation, permission or approval, then ouch action, decision, confirmation, authorization, permission or approval shall be made promptly in all respects and the municipality and its officials shall act reasonably. subdivision Agreement Page ]A 2.12 Assignment of Maement The owner shall not assign this Agreement without prior written consent of the municipality. For greater certainty, any assignment which is made W 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 Plane Not applicable. 2.14 Notification of owns 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, ouch notice shall be mailed by first class prepaid poet or delivered to: The owners Wolfgang Hryciuk and Cynthia Anne More R.R. #1 sowmanville, Ontario Llc 3&2 or such other address of which the owner has notified the Municipality in writing. Any such notice so mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement and shall be effective from the date which it is so mailed or delivered. 2.15 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. ARTXCCLE 3 - FINANCIAL 3.1 Payment of Taxes Prior to the date of execution of this Agreement, the owner shall pay all municipal taxes outstanding against the Lands,'as set out in schedule "c• hereto. in addition, the owner shall pay any municipal taxes which may become due in respect of the whole or any one or more portions of the Lands after the date of execution of this Agreement in accordance with the law. 3.2 Payment of Local Improvement Charges Prior to the date of execution of this Agreement, the owner shall pay all charges with respect to local improvements assessed against the said Lando as not out in schedule "CO hereto. such charges shall include the Muniaipality,e share of any local improvements which serve the said Lands and shall include the oommuted value of such charges inclading charges falling due after the data of the execution of this Agreement. 3.3 Payment of prginage charges 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, an eat out in schedule ^C• hereto, including the commuted value of such charges falling due after the date of execution of this Agreement. e � Subdivision Agreement Page E9 3.4 P#yM2nt of Development Charges (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 ay-law in respect of the development Of the Lands or any one or more portions thereof. (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 inapplioable to the owner, or making inapplicable in respect of the development of the Lands, a Development charge that is imposed by the Development Charge Hy-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 ay-law under the Development Charges Act. 3.5 Caeh_in Lieu of Land Dedication on the execution of this Agreement, the owner shall pay the Municipality the cash payment in lieu of dedicatioh of lands as set out in Schedule "F" hereto. 3.6 Performance Guarantee Reauirsd 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 Dank 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 Hunicipality the performance by the owner of its covenants contained in this Agreement to construct and install the Works and the performance of the owners 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 xetimate" or the "Revised Work Cost Satimate" (both terms as hereafter defined) whichever is applicable, for the construction and installation of the Works which either are the subject of an Authorization to Commence Work or for the issuance of which an Authorization to Commence Works application has been made by the owner. If from time to time following the issuance of any Authorization to Commence Works the Direotor is of the opinion that the amount of the Performance Guarantee should be increased in order to protect the Hunicipality,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 Hank Act that is acceptable to the Municipalityle 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 ouarantee".) 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 subdivision Agreement Page !b 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 Lando pursuant to the Building code Act. without derogating from the other " provisions of this Agreement, the Parties acknowledge that if the owner deposits a letter of credit with the Municipality's Treasurer as the whole or part of the Performance Guarantee or an increase thereof required by this Agreement, the Municipality'a 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 any one or more portions of the Performance Guarantee up to an amounts) determined by the Director, which in aggregate shall not exceed the amount(e) which in the opinion of the Director are required to remedy the owners 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 reinetate the Performance Guarantee to the' full amount(a) required by this Agreement. 3.0 Indemnification of_Municipa i]�tv_ (1) The owner shall defend, indemnify and save the Municipality harmless from and against all actions, claims, liabilities, losses, damages and expenses including rsoeonable legal fees which arise by reason of or are caused in whole or in part by the making and/or the implementation of this Agreement, or the design, construction and 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 owners 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 "x" of this Agreement. 3.10 Maintenance Guarantee Rewired (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 components) of the Worka, 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. subdivision Agreement Page The owner shall be given written notice of any ouch deficiency or defect by the Director forthwith after he identifies the same. a (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 belows (a) -initial Worlke" (as hereafter defined)s the later of (1) the, date of expiry of the period of two (2) years which commences on the date of issuance of the Certificate of Completion for the Initial works, and (2) the date of issuance of a Certificate of Completion for the "Final works, (as hereafter defined); (b) "Final Works"s the date of expiry of the period of one (1) year that commences on the date on which the maintenance period for the Initial works specified in paragraph 3.10(2)(a) expires; (c) "Street Lighting System" (as hereafter definedls the date of expiry of the period of two (2) years which commences on the date of issuance of the Certificate of completion of the street Lighting system; and (d) "stormwater Management systea" 14o hereafter defined)s 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(o) 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 'JA subdivision Agreement Page 10 for in this Agreement. The maximum reduction that may be permitted to be made by the Director is ouch 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 Director having regard for the Works coat Estimates then in force plus any amount determined by the Director but not to exceed twenty (206) percent of such value as a completion allowance payable to the Municipality, and (2) as the Maintenance Guarantee fifteen (156) percent of the value of the completed Worke, facilities and services, also determined by the Director after considering the material, if any, submitted to the Director by the owners 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, nub-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. (9) The Municipality is satisfied that the owner is not in breach of any of its covenants contained in this Agreement. 3.13 Reduction and Release of Maintenance Guarantee The owner agrees that the Munidipality shall not be required to release to the owner the security for the Maintenance Guarantee until each of the following conditions are satisfiedr (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 subdivision Agreement Page 0 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 40H Plan for which building permits have been issued and Temporary occupancy Permits have been received by the owner, the Municipality is satisfied that within the one (1) year period of temporary occupancy under a Temporary occupancy Permit the Director has received the Ownerfs sngineerta 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 ownerps Engineer. 3.14 PSMnt of xuniciyalitvls costs (1) The owner shall reimburse the Runicipality 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 coat 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 cartificate(s) of Release, provided that services have actually been performed for the Municipality. (2) The owner shall pay to the Municipality Engineering and inspection fees in accordance with the provisions of schedule •A*. (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(l). 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 speoified 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 sump of money of which the owner is in default at the same rate, and in the same manner, and at the Game time as is the case with Municipality taxes which are in arrears at the date on ahich the default in question commences. 3.16 occupancy Permit Deposit Not applicable. AVXcLE 4 -• PLANNING' 4.1 Me Preservation Plan Not applicable, o Subdivision Agreement page �R 4.2 iLandscaninc Plan and Landscaping Reauipement Not applicable. 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. 4.4 Lands unsuitable for Bgildina Not applicable. 4.5 Lando xeaniring sit$ 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 portion of the Lands which are set out in schedule "o■ until the owner has entered into a site Plan Agreement with the Municipality respecting the development of ouch 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 Rsauirewnnta for Bu.i,Ldinq Permits The execution of this Agreement by the Municipality 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 satiefiedc (a) All easements required to be transferred by this Agreement to the Municipality, the Region of Durham or the Clarington sydro-Blectrio Commission, and all easements required to be transferred for the purpose of Utilities*and services referred to in schedule "B", (b) The Development charges required to be paid by the owner to the Municipality pursuant to paragraph 3.4 of this Agreement. (c) if the application for a building permit is for a building proposed to be constructed on the consent Lands net out in schedule "o", the owner of the Consent Lands has entered into a site Plan Agreement under section 41 of the Planning Act with respect to the develo&ent of the Consent Lands in accordance with paragraph 4.5 of this Agreement. (d) 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. (9) The owner has satisfied the requirement of paragraph 4.12 of this Agreement. ?.ia- Subdivision Agreement Page yB (f) 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, 4 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); (q) 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; (h) 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 Hunicipality 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 pay or 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; (i) 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); (j) The owner has deposited with the Town the occupancy Permit Deposit as required by paragraph 3.16 of this Agreement and it is in good standing; (k) I£ the application for a building permit is for a building proposed to be constructed on any lot(s) or black(s) not out in schedule "Hw, 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; (1) 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(o) or block(s) in respect of which the application for a building permit(o) is made are appropriate for the building(s) proposed to be constructed thereon, the grading of the lot(s) or blook(s) in question and the proposed access thereto conforms with the Orading and Drainage Plan approved by the Director for the particular lot(s) or blook(s) as well as with the Hunicipalityes Design criteria and standard Detail Drawings; (m) The owner has erected or caused to he erected a sign displaying all road(o), lot(s) or blook(e) within the Plan sufficient to illustrate the future housing types and distribution, the location of any park, open apace, school or commercial blocks propossd on the said Lando, as well as all future uses for lands which abut the said Lando as subdivision Agreement Page identified by an approved official plan, Neighbourhood Plan, or Hamlet Development Plan and/or an approved Draft Plan of subdivision of such abutting lands; n (n) (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 watermaine and hydrants which are fully serviced; (ii) The owner has agreed with the Hunicipality 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; and (iv) The owner has agreed with the Municipality to have regard for the "Guidelines to Fire Prevention" published jointly by the Ontario Home Builders Association and the Toronto Home Buildev a Association in respect of construction of dwellings; and (o) The Owner has provided written confirmation that all dwelling(s) to be erected on the Lands in which the lot(s) or block(s) in question is located, satisfy the Architectural control standards contained in schedule "W" hereto. 4.7 Nodal Homes ziot applicable, 4.8 Architectural control standards Not applicable. 4.9 ltocuiremente for--sale of Lands Without derogating from any other provision of this Agreement the owner "hall not sell the Lands or any one (1) or more portions of the Lando until each of the following conditions is satisfied3 (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) the Performance Guarantee, the security for the Maintenanoe Guarantee and all cash deposits or letters of credits required by this Agreement have bean deposited with the Municipality and all letters of credit deposited with the Municipality are in good standing; and (o) the owner has included in the Agreement to purchase the Lando of one or more portions of the Lando which is entered into by the Subdivision Agreement Page 0� prospective purchaser(s) a notice that the Lando 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 Resnirements for occupancy Permit Not applicable. 4.11 cash in lien of Lando for Park or Other Public Recreational Purposes Without 'derogating from the other provisions of this Agreement, on the execution of this Agreement, the owner shall pay to the Municipality in cash the amount of money in lieu of the transfer of land to the Municipality for parka and other public recreational purposes which is oat out in schedule "P". 4.12 Special conditions (1) During construction on the Lands the owner shall maintain fire access routes to the satisfaction of the Municipality,o Piro 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 Lando or any portion of the Lands, or as a result of the construction or installation of any of the works, the owner, at its coat, either shall connect the affected person to the municipal water supply system or shall provide a now 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 "v" hereto. (4) Any deadende and/or open side of road(s) all created by this Draft Plan shall be terminated in zero point three (0.3) metre reserve(.) 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 oases in which the Appropriate Authority has determined that the well or private water supply of any person in 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. (6) Mo building permits shall be applied for nor issued until ouch time as the works are completed to the satiefaotion of the Director. (7) with reference to Clause 5.24 of this agreanent ("Requirements for Certificate of Acceptance"), for the purposes of this agreement, any roadways whi:h require dedication by Municipal Council shall be subdivision Agreement Page 94 outlined in a report prepared by the Director advising that such works have been maintained in accordance with the provisions of this agreement and recommending that those works be accepted by the Hunicipality. upon Councils approval of this report, the Director may provide the owner with a Certificate of Acceptance for the works. ARTICLE 5 - PUBLIC WORKS 5.1 municipality Norms Reauired The owner at the owners 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 coat 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 HAnicipality. 5.2 Utilities and Services Required Either prior to or forthwith after the date of this Agreement, the owner shall enter into an Agreement(e) with the authorities or companies or company having jurisdiction in respect of the Utilities and services referred to in schedule "H" in the area in which the said Lands are located which provides for the matters referred to in schedule "H". 5.3 owners Engineer (1) At all times until this Agreement is released, the owner shall retain the ownev a Engineer who shall perform the duties set out in Schedule "I`. on the execution of this Agreement and on each occasion on which a new owner's Engineer is retained by the owner, forthwith after retaining the Owner's Engineer, the Owner shall give the Director written notice of the name, address and telefax number of the ownev a Engineer. No partnership, association of persona or corporation shall be retained as the owner a 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 poet 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 subdivision Agreement Page 10 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 owners behalf and at the owner's cost to appoint a new owner's Engineer, provided that (1) forthwith after appointing a new owners 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 Owners Engineers reasonable fees and disbursements; and (4) the Director may appoint as the new Owner's Engineer any partnership, association of persona or corporation otherwise qualified under this Agreement who or which previously may have resigned or abandoned the performance of the services as the owner's Engineer under this Agreement or who or which may previously have been terminated by the owner, whether or not for cause. The provisions of paragraph 5.3(1) apply when a new Owner's Engineer is appointed by the Director under this paragraph 5.3(2) with all necessary changes thereto being'considered to have been made to give effect to this paragraph 5.3(2). 5.4 Design of works (1) The owner covenants and agrees that the design of all the works shall conform with all applicable legislation and the Municipality,s Design Criteria and standard Detail Drawings. in the event of any dispute as to such requirements or their interpretation, the dispute shall be resolved by the Director whose decision shall be final. (2) The owner shall provide and submit to the Director all necessary Engineering Drawings and obtain all approvals for the construction and installation of the works, as required by this Agreement. (3) without derogating from the provisions of paragraphs 2.4 and 2.5 and schedules "E• and "F" of this Agreement, on the execution of this Agreement, the owner, at its expense, shall transfer to the Municipality any land or easements considered necessary in the opinion of the Director to accommodate the construction, installation and maintenance of the works. For greater certainty, the Parties agree that the provisions of paragraphs 2.4 and 2.7 shall apply in respect of any such transfers of easements with all necessary changes 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 liunicipality'e 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. a$ Subdivision Agreement Page YA 5.5 Engineering Drawings (1) Prior to the issuance of any Authorization to commence Works, the owner shall obtain the written approval of the Director of the original copy of all drawings of the works (the "Engineering Drawings"). If construction and installation of the works has not commenced within two (2) years from the date of approval of the Engineering Drawings, the Engineering Drawings shall be resubmitted to the Director for his reconsideration and approval after any revisions required by the Director have been made to them (the 'Reapproved Engineering Drawings"). From and after the approval by the Director of the Reapproved Engineering Drawings, they shall be deemed to be the Engineering Drawings for the purpose of this Agreement, and thereafter all Works shall be constructed and installed in accordance with them. The owner hereby irrevocably assigns to the Municipality without coat to the Municipality the right to use and to reproduce the Engineering Drawings and all reports that relate in whole or in part to the works which have been prepared by or for the owner in connection with the performance of the owner's obligations under this Agreement. The owner acknowledges that approval of the Engineering Drawings or reports by the Director shall not relieve the owner from its obligation to satisfy all requirements of or made pursuant to this Agreement. (2) Prior to the issuance of any Authorization to commence Works, the Owner shall provide the Director without cost to the Municipality with the owner's 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 "T" 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 boing 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'a 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'a 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 of Grading and Draipage Plan Prior to the issuance of any Authorization to commence works, the owner subdivision Agreement Page IS 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'Worke for the said Lands, and indicating the direction of all surface drainage, including water from adjacent lands originally flowing through, into or over the said Lands to the municipal storm sewer system or any other outlet approved by the Director (the "Grading and Drainage Plan"). The written approval of the Director of the Grading and Drainage Plan shall be obtained prior to the commencement of construction or installation of any of the works on the Lands. if construction of such Works is not commenced within two (2) years from the date of approval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be resubmitted to the Director for his reconsideration, and approval by the Director after any revisions required by the Director have been made to it, (the "Reapproved Grading and Drainage Plan"). From and after the approval by the Director of the Reapproved Grading and Drainage Plan, it shall be deemed to be the Grading and Drainage Plan for the purposes of this Agreement, and thereafter all works shall be constructed and installed in accordance with it. S.7 staging of Construction Prior to the commencement of construction and installation of any of the works, the Director, in his discretion, may give written notice to the owner requiring that the owner prepare and submit to him a works staging plan (the "staging Plan"). Forthwith, after the giving of such notice, the owner shall prepare and submit to the Director of Public works and the Director of Planning for their consideration and approval a draft staging Plan. The owner shall not proceed with the construction and installation of any Works until the staging Plan has been approved by the Director of Public Works and the Director of Planning after any revisions required by them have been made to the draft staging Plan. Thereafter, the owner shall proceed to construct and install the Works only in accordance with such approved staging Plan and any amendment which may be approved thereafter by the Director of Planning and the Director of Public works. The Staging Plan for the purposes of this Agreement is the Plan contained In schedule "G" 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 seta 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 5.6, in caves in which the construction and installation of the Works is to be Staged in accordance with the Staging Plan, prior to the date of issuance of the Authorization to Commence Works for each stage provided in the staging Plan, the owner shall obtain the written approval of the Director of a schedule of Works for such stage, and thereafter shall proceed to construct and install the works, Utilities and Services in such stage in compliance with the approved schedule of Works, and any amendment(s) thereto which may be approved by the Director. I subdivision Agreement Page 494 5.9 Approval of Works Cost Estimates and stage cost Estimates Prior to the issuance of any Authorization to commence works, the estimated cost of construction and installation of the Works, (the "Works M1 cost Estimates•), shall be submitted by the owner to the Director for his consideration and if appropriate his approval. After approval, the Works coat 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. After approval the stage cost Estimates shall be entered for the owner and the Municipality by the Director in schedule "J". 5.10 Reguiremsnts for Authorization to Commence Worka (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 owner has delivered to the Municipality (1) a copy(.) of this Agreement as registered against the title to the Lands; and (2) a copy(s) of the other Agreement(.) referred to in paragraph 2.3 of this Agreement; (b) the owner has paid to the Municipality any monies required by paragraphs 3.1, 3.2, 3.3 and 3.4 of this Agreement; (c) the owner has delivered the transfers of easements to the Municipality in accordance with paragraph 2.4 of this Agreement and paid the required cash in accordance with paragraph 2.6 of this Agreement; (d) 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; (e) 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 Agresment(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; subdivision Agreement Page (f) the Amer has retained the Owner's Engineer in compliance with paragraph 5.3(1), has provided the name, telsfax number and address of the owneros 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 owners Engineers written undertaking that they or it will comply with the provisions of schedule "r" of this Agreement; (q) the owner has been given the written approval of the Director of the Engineering Drawings no required by paragraph 5.5 of this Agreement; (h) 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; (i) the owner has received the written approval of the Director of the Schedule of Woike as required by paragraph 5.8 of this Agreement; (j) 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; (k) the owner has deposited with the Municipality the Performance ouarantes required by paragraph 3.6 and other provisions of this Agreement and has made all cash payments to and deposited all letters of credit with the Municipality as required by this Agreement; (1) 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; (m) 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; (n) 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; (o) the Owner has deposited with the Director its written undertaking to provide the Director without cost with a copy of the contract documents, names and addresses of all contractors, sub-contractors and suppliers of services and materials, and copies of all sub-contracts and supply contracts relating to the construction and installation of the Works for which the application for Authorization to subdivision Agreement Page g}l 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) (p) 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 Agreements and (q) all encumbrances or restrictions affecting the easements referred to in paragraph 2.4 have been discharged and removed from title. (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, provided that the requirements of clauses 5.10(1)(d), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p) and (q) 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 gaggirements for commencement of subsequent sues 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 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 owners Engineer to that effect if in the Directov a 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 Amer shall comply subdivision Agreement Page a 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 atop 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'a 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 vith Engineering Ora-winge (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 ouch 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 not 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 reetore the Performance Guarantee to the amount otherwise required by this Agreement, forthwith after the Director gives the owner written notice of the amount of the deduction in question. 5.14 seguenoe 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 Authorisation to Commence Works continuougly and in accordance with the timing and sequence therefor not out in the schedule of works. -5.15 Completion Time for Construotion 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 • v �Uh e Subdivision Agreement Page So the Director may request from time to time by written notice given to the owner. 5.17 Incomplete or Paulty 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 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(o) 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 Amer is responsible under this paragraph 5.17(1) shall include a management fee payable to the Municipality either of thirty (308) percent of the contractors charges to the Municipality (including any charges for overhead and profit) or, if such work is undertaken by the Municipality, thirty (308) percent of all costs incurred by subdivision Agreement gage 1� 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 boon incurred by the municipality or are estimated in the Director,o absolute discretion to be likely to be incurred by the Municipality forthwith after the Director gives the owner written demand for payment of ouch cost. If the Amount paid is based on the Director's estimate as aforesaid, forthwith after actual costa 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 the difference between them. If the actual costs are lees than the estimated coots, 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 tan (10) business days, excluding Saturdays, Sundays and statutory holidays, after the giving of such notice plus any further period bf 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 Maintenanco Guarantee for the purpose of making payment under this paragraph 5.17(2). The owner shall indemnify the Municipality against the coots 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 cede may be, to the full amount(e) required under the provisions of this Agreement. 5.18 Acknowledgement Respecting MorgencY etc Reneirs 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 � e subdivision Agreement page the Municipality, nor an assumption by the Municipality of any responsibility or liability in connection therewith, or a release by the Municipality of the Omer from any of its obligations under this Agreement. 5.19 Damage to Existing Services Forthwith after written demand therefor is given by the Director to the Owner, the owner shall pay to or to the direction of the Municipality, the cost of repairing any damage to any property or services of the Municipality, the Region, or any utility authority or company or (the "Damaged Services") including without limiting the generality of the foregoing, any road(s), water, electrical, gas, telephone, cable television and sewer systems, and the cost of relocating any Damaged Services, caused by or resulting from the development of any one (1) or more portions of the Lands, or the construction or installation of any of the Works, provided that all ouch 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 ownerts 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 Damage to Meighbourina Hells (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 Progrm 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 piezomotric 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,a 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. (2) For the duration of the Monitoring Program, the Omer, at its coat, 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 gydrogeologist to make available to the Subdivision Agreement gage 11 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 s or implementation of the Monitoring Program. Forthwith following the completion of the Monitoring Program, the owner shall cause the Hydrogeologiet to provide to the Director, at no coot 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 Hydrogeologiet, 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 Hydrogeologiet 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 coat to the Municipality, forthwith after each of them is completed. (3) if an Appropriate Authority determines that the wall or private water supply of any person(a) 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 Regionoe 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 partyfs property shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party(®) prior to the interference, as may be required by the Appropriate Authority by written notice given to the owner. (4) Without darogating 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 persoa(s) outside the Lando is interfered with or dewatered as a result of the construction or installation of the Works, forthwith after such notice is given, the owner shall cause the quantity of potable water considered to be appropriate by the Director to be supplied to the affected person(o) free of charge either until such time as the subdivision Agreement Page io 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 Opener performs its obligation under paragraph 5.20(3), as the case may be. 5.21 use of works by Municipality The owner acknowledges and agrees that any of the works may be used by the Municipality and such other persons) 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 parsons) 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 roads) 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 (c) erect a sign to the satisfaction of the Director to indicate that the road(o) are "unassumed road(s)" which the Municipality is not required by law to repair and maintain. (2) The Municipality agrees to snowplough and sand all paved road(e) shown on the registered Plan of subdivision of the Lando, 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 (1008) 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(o) in question. The road(o) shall not be doomed to have been assumed until both a certificate of Acceptance has been issued, and a ay-law has been �I .subdivision Agreement Page $6 passed by Municipality Council dedicating the road(a) 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. 5.24 Requirements for Certificate of Accebtance, 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 ttiia Agreement until the Director has provided the owner with written certificate that the Works in question have been accepted ("the certificate of Acceptance)". If the requirements of this Agreement respecting the issuance of a Certificate of Acceptance of the Initial Works, the stormwater Management system and/or the street Lighting system have been satisfied, and without limiting the generality of the foregoing, if the Director is of the opinion that the Works in question have been maintained in compliance with paragraph 3.10 and all deficiencies and defects in such Works have been remedied and corrected by the owner on behalf of the Municipality, the Director shall provide the owner with a Certificate of Acceptance of the relevant Works. If the requirements of this Agreement respecting the issuance of a certificate of Acceptance of the Final Works have been satisfied, and without limiting the generality of the foregoing, if the Director is of the opinion that the Works in question have been maintained in accordance with paragraph.3.10 and all deficiencies and defects in such works have been remedied and corrected by the owner, and the Director reports his opinion that such Works should be accepted by the Municipality for the 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 Raisese Forthwith after the owner complies with subparagraphe (a), (b) and (o) 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 Subdivision Agreement Page 10 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 W office. in addition to the owner satisfying the other requirements of this Agreement respecting the issuance of a Certificate of Release, the certificate of Release shall not be issued until: (a) a certificate(e) 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 Final works, he has found, placed or replaced all standard iron bars shown on the registered final Plan of subdivision of the Lands and has found, placed or replaced all survey monuments at all block corners, the end of all curves, other than corner roundinge, and all points of change in direction or road(a) on such Plan; and (c) Municipality Council has by resolution, acknowledged that the owner has satisfied all of the provisions of this Agreement. From the date of its issuance, a Certificate of Release shall operate as a discharge of the owner in respect of the Lando 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 Use 5.28 coat 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 intends to apply to the Municipality of Clarington to enact the necessary by-laws to amend the , Development charge 9y-law and to authorize the execution of a front-ending agreement between the owner and the Municipality pursuant to Part Ii of the Development Charges Act to provide for the payment, by the benefitting owner(o) of land within the benefitting area that may be defined in the aforesaid front-ending agreement, of proportions of the cost, among other things, of a temporary stormwater management facility forming part of the "Stormwater Management system* and overa13ing which forms part of the storm Sewer system" (as hereafter defined), with the exception of payments to the owner of the proportion of the money that may be received by the Municipality from the benefitting ownar(e) within the benefitting area defined in the aforesaid front-ending agreement if ouch is made pursuant to part 11 of the Development Charges Act and comes into effect under the Act, 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 Lando, 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. Thin paragraph 5.28 is not intended by the parties to fetter nor shall it fetter in any way the council of the Municipality of Clarington G� subdivision Agreement Page !� in the exercise of its discretion to enact either the aforesaid by-laws or to decide whether to enter into the aforesaid front-ending agreement with the Amer. ARTICLE 6 - COMPLIANCE WITH REGULATIONS In exercising its rights and in performing its covenants under this Agreement, the owner shall comply with all regulations and laws of general application and all by-laws of the Municipality and the Region. Without limiting the generality of the foregoing, at all times the owner shall comply and cause all contractors, sub-contractors and suppliers of materials and services in connection with the construction, installation and maintenance of the works to comply with the provisions of the occupational Health and Safety Act, and the workers' compensation Act. P4RTICLB 7 - RESPONSIBILITY Of SUBSEQUENT Ow,ti RS After the issuance of the Certificate of Release, the owner, its successors and assigns as the owner of any one or more portions of the Lands shall have the sole responsibility for the following which shall be performed or undertaken at its costs (a) the maintenance of fencing required by Schedule "G• and paragraph 4.2. ARTICLE 8 - T3ME OF ESSENCE Time is of the eesence of this Agreement. ARTICLE 9 - AUTHORITY TO MARE AG�ME2iT The owner acknowledges and agrees that the Municipality has authority to enter into this Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this Agreement is made by the Municipality in reliance on the acknowledgement and agreement of the owner as aforesaid. IN WITNESS NHEREOP 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 officere duly,ayt."wo,-4n'' that behalf. �� ' ••.,, C' SIGNED, SEALED AND ) TEE CORPORATION OP, +°4.�'r•'y.; �" ;iF":"i' MUNICIPALITY OF DELIVERED Is: the presence of: ) Mayor of flu cl !}7f bRR2IZ ) _ - 1 � ) WOLF RYCI CYNTHIA ANNE MORE 8C88DULB •A' rays SCHEDULE ss SCHEDULE •A' to the Agreement which has been authorized and approved by By-law No. 95-107 of The Corporation of the Municipality of clarington, enacted and paeaed the 17th day of July, 1995. -44 LEGAL DESCAIPTIgH OP Enxr,XVX - sxyaas r.Ags Part of Lot 14, Concession 8, Municipality of Clalington, (former Township of Darlington) in the Regional Municipality of Durham, as further described in schedule attached hereto; roan S—trnd hrulrlrellnn nclonn Ad,1904 tlnnel PwpMy IdudU4Is) nNrn Olbv hdwm�llmt «�T_ •� Er SCHEDULE 'FOR,DESCRIPTION PREMISING that the southern boundary!of said Lot 14 is north 74 degrees east and al,1 bearings herein are related thereto. COMMENCING at the south-west angle of said Lot 14; THENCE northerly in and along the western* boundary of said lot a distance of 1980 feet more or less to the southern limit of a road marking the north limit of the south 26 arses of the south-west quarter of said hot 14; THENCE north 74 degrees east in and along the said southern limit of roadway, a distance of 594 feet more or less to the -intersection of the said southern limit of road with the production northerly of the western limit of Maple Street as shown on the said Plan of the Village of Charlesville; THENCE south 16 degrees east in and along the western limit of Maple Street and its production northerly a distance of 488.4 feet more or less to a point in the said western limit of Maple Street, distant northerly therein 792 feet from the intersection of the said western limit of Maple Street with the southern limit of Mill St; THENCE south 74 degrees* west a distance of 165 feet; THENCE south 16 degrees east a distance of 792 feet; THENCE north 74 degrees easta distance of 165 feet more or less to a point in the southern limit of Mill Street distant westerly therein 50 feet from the intersection of the said southern limit of Mill Street with the production southerly of the eastern limit of Maple Street; THENCE south 16 degrees east a distance of 386 feet; THENCE north 74 degrees east a distance of 50 feet; THENCE south 16 degrees east a distance of 313.60 feet more or less to the southern limit of Lot 141 THENCE westerly in and along the said southern boundary a distance of 644 feet more or less to THE POINT OF COMMENCEMENT. Save and except Parts 1, 2 and 3, Plan IOR-1905. Save and except Part 7, Plan IOR-•252, Save and except Part 4, Plan 10R-387. • e + e, i7Ny 41+ SCHM)MM •B• THIS SCHEOM IS SCB$DUM •B• to the Agreement which has been authorized and approved by By-law No. 95-107 of She Corporation of the Municipality of clarington, enacted and passed the 17th,day of July, 1995. LEGAL A$BCRT UON OF CONSENT LAMB Part of, Lot 14, Concession 8, designated as Parts 1, 2, 3 & 4 on registered Reference Plan 40R-16747, in the Municipality of Clarington (former Township of Darlington) in the Regional Municipality of Darlington= 4/ HELD= "C" THIS SCHEDULg IS SCSBDULS "C" to the Agreement which has been authorized and approved by By-law No. 95-107 of The Corporation of the Municipality of Clarington, enacted and passed the 17th day of July, 1995. CSAMS AGAINST LANDS (1) Municipal Taxes (2) Local Improvement Charges (3) Drainage Charger SCHEDULE 19, THIS SCHEDULE IS SCHEDULE -E- to the Agreement which has been authorized and approved by-law No. 95-107 of The Corporation of the Municipality of Clarington, enacted and passed the 17th day of July, 1995. (1) on the execution of this Agreement, the owner shall deliver to the Municipality transfers of the following easements: (2) 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 ouch easements. The transfers shall be prepared by the owner at its coat, 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 thip paragraph (3). 8C88DOL8 •P• TBis scsBDDAB is scHHD= •P• to the Agreement which has been authorized and approved by Sy-law No. 95-107 of The corporation of the Municipality of clarington, enacted and passed the 17th day of July, 1995, AMS TO as MWs D TO Municipality AND/oB CASH TO BE PAW (1) Dedication of Lands The owner shall deliver to the Municipality in a form satisfactory to the Munioipality, transfers in fee simple absolute the following landr SCHEDULE- "G" THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized and approved by By-law No. 95-107 of The corporation of the Municipality of Clarington, enacted and passed the 17th day of July, 1995. WORKS REOUIRED The owner shall design, construct, install, supervise and maintain the works which may include but are not limited to the following, including all connections, alternations, adjustments and transitions required to suit existing systems or lands in accordance with the Municipality0a Design criteria and standard Drawings, and the Engineering Drawings, all to the approval of the Directors (1) (a) A storm drainage system for the removal of upstream storm water and storm water originating within the said Lando, including storm sewer mains and connections, swalae, ditches, culverts, manholes, service connections, catchbasins and rear yard oatchbasins and leads, open channels, storm outfalle and structures and any other appurtenancea and oversising as may be required (the "Storm Drainage system"). (b) A stormwater management systow 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") and associated landscaping. (o) A road system which accommodates the servicing of the Lando, providing for all vehicular and pedestrian traffic and access to all lots and blocks within the Lando, 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 curbe and gutters, base and surface asphalt, traffic control and street name signs and all strsetscaps components including street trees, boulevard topeoil and sodding, street lighting, gravel driveway aprons, and where sidewalks exist, gravel driveway aprons with paved surfaces between curb and sidewalk (the "Road Syetsm"). (d) A street lighting system which provides illumination of roads and walkways to serve the said Lands including all connections, energy and maintenance costa,• appurtenant apparatus and equipment, in the locations as approved by the Director (the "Street Lighting Syetem"), (e) Related works including grading, landscaping, fencing, noise attenuation measures, walkways (including lighting) and other miscellaneous Works shown on the Engineering Drawings and arbding and Drainage Plan (the "Related works") PSASXNG OP_Ta WORHs For the purpose of this Agreement, the works shall be divided into the following stages, unless approved by the Directori 'Schedule "a" -2- (2) XWXA wOR1C8 Storm Drainage system including all appurtenances; - Roadworks including clearing and grubbing, grading, subgrade, subbase and base granular materials, subdrains, base curbs, base asphalt, traffic control and street nave signs of the Road System; - Grading and siltation control; - Fencing; and - Boulevard works and street trees and any remaining works. (Collectively called the "initial works'.) (3) sTORMOM NANAGUmENT SYSTEM Not applicable. (4) Sir LZa�rNa sYsTSq Not applicable. (5) MMALL WORKS Not applicable. landscaping works, fencing, and any remaining works not outlined in paragraphs (2), (3) and (4) of schedule "a". so SCBBDULS "I" Tais scoaDULE xs sctumns "I" to the Agreement which has boon authorized and approved by By-law No. 95-107 of The corporation of the Municipality of clarington, enacted and passed the 17th day of July, 1995. DYTIES OF OWNBR's ENGINBBR 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 includes (a) the Engineering Drawings and other related Drawings; (b) the Grading Plane, Drainage Plans, Landscaping Plans, staging Plane, Utility composite Plane, Master Drainage Plans, Erosion and Sedimentation Control Plans, Tree Preservation Plans, and other related Plane; (c) Traffic Reports, soils Reports, aeotechnical Reports, stormwater Management Reports, stormwater implementation Reports and other related Reports; (d) schedules of Work; (e) the Works cost Estimates or stage cost Estimate; and (f) 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,a Engineer of the responsibility and liability for any errors or omissions in the above drawings, plane, reports, stages or documentation or from liability for any damage or lose caused or resulting directly or indirectly by the owner,a Engineer. 2. RVRRESBNT 0W=_ AND OBTAIN K=CIPALxTY APPROVALS The owner's Engineer is hereby authorized by the owner to act as the owner,e representative in all matters pertaining to the design, construction and installation of the Works and the overall management of the development, and shall co-operate with the Municipality and the Director to protect the interests of the Municipality and the general public in all matters relating to the design, construction and Installation of the Works, in addition, the owner's Engineer shall work in accordance with all conditions of this Agreement, including Section 5 and schedules "G", "M", "x", "J" and "L". 3. PROVIDE RSSiDENT s sION 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 Owners Engineer shall be responsible for the followings 51 Schedule •1* -2- (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. r (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 owners 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 gectechnical engineer, and where appropriate, the structural engineer, provide certification to the Director that all monitoring and toot results meet the requirements of Schedule ^L• 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. (9) 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. (f) 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. MAIRTATlL 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-oontractors 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 ohange is made in the terms of a contract, sub-contract or supply contract or in the name or address of a contractor, sub-contraotor 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 Ownev a Engineer immediately after becoming apprised of each change shall give the Director written notice of it, Sa Schedule •I• -3- 5. PROVIDE PROCOMOS RSPORTB The owner#a Engineer shall provide the Director with reports on the progress of the construction and installation of the works on a monthly baste, or at such other'interval as approved by the Director. 6. P"PAn6 AS-CONSTRUCTED DRAMG8 The Owner's Engineer shall prepare and submit the as-conatruoted 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. t, 5� 8CM LS `J" Tess scasDm Is scmuzz "J*to the Agreement which has been authorized and approved By-law No. 95-107 of The Corporation of the Municipality of Clarington, enacted and passed the 17th day of July, 1995. WORKS COST HSTIMATHS ESTIMATED COST OP NORES (Curve smprovements 8 Road Wension) 1. Grading and siltation control $ 8,794.20 2. stage 1 Road works $ 30,425.45 3. Boulevard Works $ 7,713.00 4. Boulevard Trees $ 2,700.00 SUBTOTAL $ 49,632.65 58 Contingency Allowance S 2.481.63 SUBTOTAL $ 52,114.28 108 Engineering Allowance $ 5.211.43 SDBTOTJWJ $ 57,325.71 G.S.T. Allowance $ 4.012.80 Total Estimated Value of the•workst $ 61,338.51 Total Amount of Performance Guarantee L—i1w 51 The Performance Guarantee for the Works shall be based an the preliminary estimates which are provided to the Director by the owner's Engineer and approved by the Director. When the Engineering Drawings and the Landocaping Plan have been approved by the appropriate Director as is required by this Agreement, a revised Cost Estimate for the construction and installation of Works shall be prepared by the Owners Engineer and submitted to the Director for approval. The revised cost Estimate shall be bad regard to by the Director in requiring an adjustment in the Performance Guarantee, in the event of any increase or decrease in the Coat Estimates. 5� SCSEDULE -x• THIS SCHEDULE IS SCMWULE •R" to the Agreement which has been authorised and approved by-law No. 95-107 of the Corporation of the municipality of Clarington, enacted and passed the 17th day of July, 1995. INSURU= RHOU]CRED 1. TYPES OF COVERAGE RECUIRHD 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 fors (a) any lose 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; (a) any lose or damage that shall or may result from the drainage of surface waters on or from the said Lands; (f) any lose or damage that shall or may result from the disposal of effluent from any sewage disposal works; and (g) any lase 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. 2. RBOUNTS OF COVERS RSoUiRBU 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. �5 schedule •A• -2- 3. HXS MON OF COY&RM PROHrBYT8D The policy or policies of insurance shall contain to coverage exemptions or limitations fore (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 causer or (d) any storage, handling or use of explosives in oases in which the owner is required to obtain the uirectores permission to carry out a blasting operation under schedule "L• of this Agreement. 4. TERM OP INSUR11NC8 The term of the required insurance shell commence no later than the day on which the first Authorisation to Commence works is issued and shall terminate no earlier than the last day on which all Certificates of Acceptance have been issued for eadh of the works for all of the works contemplated by this Agreement. I BCSEDULB •L• THIS SCESDVLE IS SCEWULE •L• to the Agreement which has been authorized and approved by By-law No, 95-107 of The Corporation of the Municipality of Clarington, enacted and passed the 17th day of July, 1995. REGM ATIOttS FOR CONSTRUCTION 1. GEC ItA1L 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. SAPM 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. REQUIREHENTS FOR BLASTING Prior to commencing any blasting, the owner shall obtain from the Director, permission to carry out the blasting operation. S. REMOVAL OF TOPSOII, 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. 6. DUMPING OF PILL OR DEBRIS The owner agrees to neither dump, or permit to be dumped, any fill or debris, on nor to remove, or permit to be removed any fill from any lands to be dedicated to the Municipality other than the roads within the limits of the said Lands, without the written consent of the Director. 7. DISPOSAL OF CONSTRUCTIOR 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 faille to remove construction garbage or debris from the Lando for a period of three (3) consecutive days following the giving of written notice by the Director to the Owner requiring it to do ao, 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 schedule 'L' -2- the construction garbage or debris, the owner shall pay the Municipality the amount of money for it is invoiced. i 8. QUALITATXW AND QUANTITATM 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 at Certificate of completion, the owner's Engineer, in conjunction with the geotechnical engineer and where applicable structural engineer, shall issue a certificate in a form acceptable to the Director, confirming, based on the location, frequency and type of tests and monitoring and the results of such tests or monitoring, that he 1,e 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 teats 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 costa of such tooting shall be paid by the owner. 9. WINTER CONSMU-CTION in addition to the materials testing criteria for cold weather construction, any pipe bedding, trench baokfill 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 let 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 suepend construction by issuing a stop work order to be in effect until the Director give the owner written notice of the termination of the atop work order. 10- MAINTRNANC$ CLOSING AND 09E or gRUM 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 Lando and all public highways used for access to the said Lande, 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 oases to the satisfaction of the Director. At all times, the owner shall maintain all ouch highways free of dust and mud which originate from the Lando. i£, in the opinion of the Director, a highway has been damaged as 5t schedule "L" -3- 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*e expense, shall repair such road to the condition which is at least equal to its condition imiediately 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. 11. MA2ATmaws or 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 ouch base course, where necessary, to the approval of the Dirootor, 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 ouch base course where necessary. Until the roads within the 40H 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. 12. WEED AND RAT CONTROT, 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� TMS SCSEDULS s8 SCMDULE "I!" to the Agreement which has been authorized and approved by Sy-law No. 97-107 of The Corporation of the municipality of Clarington, enacted and passed the 17th day of July, 1995. 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 tables LOT OR BLOCK NDIMER PERxrrm LAND OSE ON 40m PLAN Scmurs •o" TEMS SCHEDULE xs SCHEDULE •O• to the Agreement which has bean authorised and approved by ay-law No. 95-107 of The corporation of the Municipality of clarington, enacted and passed the 17th day of duly, 1995. LAND AK`QUX&X G§X,TE PLAN ARP_ROVAL The owner shall not make or permit or offer any persona) to make an application for a building permit for the erection of any building or structure on any of the lands listed below 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. o� sCeenme •o• TBxs semmuLu xs SCBBDOLM -Q" to the Agreement which has been authorized and approved by By-law No. 98-107 of the Corporation of the municipality of Clarington, enacted and passed the 17th day of July, 1995. CONSM MXON AWUMTYPS Noses 1. Prior to the commencement of site preparations, the owner shall obtain the Central Lake Ontario Construction Authority's (-c.L.o.C.A.") approval of 100 year storm overland flow routing for the Plan. A brief report is to be submitted which illustrates overland flow routing for the site and any other affected developments in the Northeast Bowmanville Area. 2. Prior to the commencement of site preparation, including the rough grading of roads, the owner shall obtain C.L.O.C.A. approval of sediment Control and Grading Plana for the subject Lands. Furthermore, the owner agrees to carry out, or cause to be carried out to the satisfaction of C.L.O.C.A. the above noted requirements. 3. The owner agrees to maintain all stormvater management and erosion and sedimentation control structures operating and in good repair during the construction period in a manner satisfactory to the ministry of Natural Resources and C.L.O.C.A. d. The owner agrees that the Drainage Plan, including storxwater management, Drainage and erosion Control Plans shall be prepared to the satisfaction of C.L.O.C.A. e CAI THIS SCHEDULE IS SCHDOLE •R" to the Agreement which has been authorized and approved by By-law No. 95-107 of The Corporation of the 8unic£pality of clarington, enacted and passed the 17th day of July, 1995, ENGINEERING,AND INSPECTION FHBS Estimated cost of Works Foes up to $100,000.00 48 to a maximum of $4,000.00 $100,000.00 to $500,000.00 $4,000.00 or 3.58 Of the estimated cost Of :17,500.00 ervices -whichever is greater $500,000.00 to $1,000,000.00 or 3% of the estimated coat of services -whichever is greater $1,000,000.00 to $2,000,000.00 $30,000.00 or 2.508 of the estimated cost of services -whichever is greater $2,000,000.00 to $3,000,000.00 $50,000.00 or 2.258 of the estimated cost of services -whichever is greater $3,000,000.00 to $4,000,000.00 $67,500.00 or 26 of the estimated cost of :he ervicee -whichever is greater For the purposes of calculating Engineering and Inspection Pees as contemplated by this schedule, the estimated costa of Works shall include the Coot Estimates as specified in schedule "J" hereto, and shall also include the estimated cost of Region services. The payment of the Engineering and Inspection .foss to the Municipality are subject to the Goode and services Tax, and therefore an additional seven (71) 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. SCHEDULE "S• THIS SCHEDULE IS SCHEDULE •S" to the Agreement which has been authorized and approved by By-law No. 95-107 of The Corporation of the Municipality of Clarington, enacted and passed the 17th day of July, 1995. LAND DIVISION COMMITTEE'S CONSENT—DECISIONS As per i The Planning Act 1990 The Durham Act and in accordance with the Provincial Rules of procedure CONSENT APPLICATION heard on M Mon., 13 Feb. 1995 LD 014/93 submission B 032195 owner ........ i W. Hryciuk/C. More Location'......... Part Lot 14, Con. 8 Municipality of Olarington (Darlington) Municipality ..... Municipality of Clarington Consent to sever a 0.61 ha vacant parcel of land and to retain a 8.29 ha vacant parcel *of land in the Haulet of Haydon. Applications LD 014/93 through LD 017/93, inclusive, were heard in conjunction. These applications were tabled from the hearing of January 18, 1993. Mr. Glenn Genge of the Greer Galloway Group Inc., 1415 King St., Highway 2, Courtice ON LIE 2J6 attended. Also present as interested parties were Me B. Cochrane, 61 Maple St., R.R. 01, Bowmanville ON Llc 3K2 and Me C. Bertrim, R.R. /1, BOwmanvill9 ON L1C 3K2. No further representation was present in favour of or opposed to the application. Agency comments were favourable. Mr. range stated that his client was working toward improving the unopened road and finalizing the opening of the road. His client was prepared to proceed. Mrs. B. Cochrane voiced concern about the condition and safety of Maple Street. She said that road is narrow with a curve and a bill and not provided with street lighting. Both aides of the road are treed in the subject area. The addition of 4 houses on the road would increase traffic by approximately 8 care to approximately 26 vehicles regularly using the road. Given the road conditions, and the fact that large farm vehicles used this road and anowmobilee race on the road, she was concerned about pedestrian safety, particularly school children. Mrs. Cochrane wondered if sufficient planning consideration had been given to the growth of the hamlet. She also wondered if the fence between her farm property and the road would be maintained. Kra. Bertrim was concerned about the effect of her farm operation on new houses, she enquired about fencing between the houses and abutting properties. she also had concerns about the condition and safety of the road. The Committee advised all parties that fencing was the Municipality of Ciarington,s jurisdiction. one of the Municipality's requirements of approval was that the road be improved and opened. The Ministry of Transportation Ontario comment was noted by the Committee. The Committee had for information purposes reports received from the Regional Works, Planning and Health services Departments, the Municipality of Clarington, .the Ministry of Transportation Ontario, the Central Lake Ontario Conservation Authority and the Ministry of Agriculture and Food. All the above written comments from the agencies were handed to Mr. Gouge. DECI Z N-o = COMMITTEE APPLICANT/OWNERS ARE RESPONSIBLE FOR FULFILLING ALL CONDITIONS. MOVED M R. Martin SECONDED i D. Sullivan That Application LD 014/93 be approved as applied for, subject tot 1/ That the applicant satisfy the requirements of the Municipality of Clarington, financially and otherwise. schedule "s" 2 - 2/ That the applicant satisfy the requirements of the Regional Health Services Department a9 follows: The owner/applicant must either produce a water well record certificate indicating that a drilled well has been installed on the vacant lot being created or submit a letter of credit in the amount of $10,000.00 per vacant lot created. The welldrillerle certificate or the letter of credit must be presented at the Health Administration office at 1615 Dundas Street E., 2nd Floor, Lang Tower west Building, Whitby. An administration fee of $350.00 will be charged. 3/ That the applicant satisfy the requirements of the Central Lake Ontario Conservation Authority. 4/ That the applicant submit two copies of a registered reference plan on the subject parcel. S/ That the consent be subject to the following time periods i Last Date for fulfilling Conditions is Fri., 23 Feb. 1996. According to section-53(22) of the Planning Act 1990, Expiry Date of Application LD 014/93 is Mon., 25 Mar. 1996. 61 That prior to the signing of the certificate given by the secretary/Treasurer that the consent has been given, the secretary/Treasurer is to be advised in writing by the Municipality of Clarington that condition #1 has been carried out to its satisfaction. 7/ That prior to the signing of the certificate given by the secretary/Treasurer that the consent has been given, the Secretary/Treasurer is to be advised in writing by the Regional Health services Department that condition #2 has been carried out to its satisfaction. S/ That prior to the signing of the certificate given by the Secretary/Treasurer that the consent has been given, the secretary/treasurer is to be advised in writing by the Central Lake Ontario conservation Authority that condition #3 has been carried out to its satisfaction. 9/ That prior to the signing of the certificate given by the Secretary/Treasurer that the consent has been given, the Secretary/Treasurer has to be satisfied that the time period outlined in condition #5 have been adhered to. CARRM Signed Mon., 13 Feb. 1995 by all members prevent and concurring in this Decision of Application LD 014193 's W. A. Rudla D. Sullivan chairman vice Chairman R. Martin B. Dorrell 1. McCully M. V. Hedge J. Collins W. L. Evane M. Sargent Asst. sec./Trees. Last Date of Appeal of this Decision or any of the conditions contained therein Wednesday., 15 Mar. 1995 4S scHaDmrs •m• THIS WMULH Is SCHHDUO •T• to the Agreement which has been authorised and approved by ay-lav No, 95-107 of The Corporation of The Municipality of Clarington, enacted and passed the 17th day of July, 1995. a TREE PR8 MMIXION BIdN (see Attached) scssnuLS •v Tats SCHEDULE Is ScHBDDW "v to the Agreement Which has been authorized and approved by By-law No. 95-107 of The corporation of the Hunioipality of clarington, enacted and passed the 17th day of July, 1995. REgRUM M OF OTaffit AMCZ8� A. XINISTRY OF IMURAL RESOj(I}CBS B. C.L.O.C.A. C. RRGIOHAL HMM" D$PAR'ANSHT 6, - sCMME 'w' THIS SCHEDULE Is SCHEDULE •K• to the Agreement which has been authorized and approved by ay-law No. 95-107 of The Corporation of the Municipality of Clarington, enacted and passed the 17th day of July, 1995. ARCHITECTURAL CONTROL STANDARDS All dwellings to be erected on the said Lands shall satisfy the following architectural control standards) 1. ROOM MATERIALS. (a) Exterior construction must be a minimum of forty (40%) percent masonry products excluding stucco and concrete blocks. No substitution,is allowed except by written permission of the Director of Planning and Development. (b) Dwellings sited at corners require full height masonry products on all elevations. 2. (;%OURS I (a) colours of bricks, siding, roofs and trims must be compatible and in harmony such as earthtons 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. ITION OF FarO IONS AN 2MMI (a) Any two (2) dwellings abutting each other must exhibit a minimum of twenty-five (258) 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. (c) Dwellings which mimic the influence of a particular architectural influence (e.g. Georgian, Colonial, Spanish) are permitted only if constructed in a group reflecting the Same architectural influence. .4. _ (a) All metal roof vents and stacks must be located in the rear elope 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 foundations 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. r• (d) The above standards are minimum standards and builder encouraged to exceed the standards ap long as the object creating attractive and aesthetically pleasing appearan achieved. r