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