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95-32
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 95- 32 being a By-law to authorize the entering into of an Agreement with Kalee Investments Limited being the Owner of Plan of Subdivision 18T-89030 and the Corporation of the Municipality of Clarington. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That the Mayor and Clerk be hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's seal, an Agreement between Kalee Investments Limited, being the Owner of plan of Subdivision 18T-89030 and the said Corporation in respect of Plan of Subdivision 18T-89030. 2. That the Mayor and Clerk be hereby authorized to Accept, on behalf of the Municipality, any conveyances of lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this 13th day of March 1995. BY-LAW read a second time this 13th day of March 1995. BY-LAW read a third time and finally passed this 13th day of March 1995. MAYOR Deputy CLERK + ! :n 11 C J n. .. k:j :' y ;'' .. • < 1�Ft ! i Pf>11 k k h a T+ r zz A w1. r� e i r " ,€, t "� a �.' �, t , s 'w - '� r ��. rF )� x- I # ?.,4..f p4* Z 4 l3 'i y *L#t�,j'"c,�AV . ys zam, k,a Y. x r r r S�` P4,i e.+}}.. « ut s;3 3t 1_ F �$fr:b", .t fTi h z } fiX t � J E w R 4 �p`.. W l .,,x 11 .. t i ,. -- - — - r�Mt �q ,� �'rv,:,•3�Sy 4 {�L - L { _ �� -^ 3x"^4 sd1 R g 3;. - l 9�. `- -(., a, A t;,��+. "� ,1 `P � ox I. _ - -+ - . r '.t t _ I Tb tt i fhb% '.t x 1. S t* f r { a Y Y a� ,j*,"{f'L' M d . 3 : Y �11.t,r y fn-L {<.Lyty F R w�ea��� L. °_ , _ _ ° 7e - - -u...-- ,�- -..17 - 4�..3"i"kAL.`rvT.`_"":i:'SFT�°L£_.. Z .t".. "'- 1 ... .. _ �. _ .Y,.. -. _ _ __ .icy,.• _. . -- -'— .ems-: sx - +.,..1. u...3t " , �'. `- :i az, ., r.'£. 'S r..t,s__,,, rc �. ,a.. ,,,,T, ,S FK:.a3.? .u.�_d+r" --amzFrc- _ - xt F 1"_ -:*<e .t -3t.' 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L.^ ,'I " ti,,. 11 4t. 5 it , i4u `�.x, F t r. .1 I f-1 - ^ f i. �. t s• �' f " r `� i f C KALEE INVESTMENTS LIMITED SUBDIVISION AGREEMENT WITH THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DRAFT PLAN OF SUBDIVISION NO. 18T-89030 NOW PLAN OF SUBDIVISION 40M-1826 KALEE INVESTMENTS LIMITED SUBDIVISION AGREEMENT WITH THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DRAFT PLAN OF SUBDIVISION NO. 18T-89030 NOW PLAN OF SUBDIVISION 40M-1826. INDEX 1. Subdivision Agreement registered as Instrument No. LT 723484. 2. Certificate of Solicitor. Plan 40M-1826 3. Inhibiting Order. 4. Transfer of Storm Sewer Easement over Part 1 on Plan 40R-16628. prowif� Document General soaoow*3ak'N&AW"b Do�..sdomLt", Of Ontario Form 4— Land R istration Reform Act lkalee.d s ` (1) Registry ❑ Land Titles ® (2) Pape 1 of popes (3) Property Block Property Idendfisr(s) See Schedule 9-4 (4) Nature of Document cm Notice of Subdivision Agreement 00 (Section 74 of the Act) J v g (5) Consideration Z N ¢z Dollars$ ca t"- v c Z Q (6) Description -- i o Parcel 19-3,Section Con.8 (Darlington) o ° �n Newcastle being Part of Lot 19,Concession 8 M v C►� Geographic Township of Darlington Municipality of Clarington Regional Municipality of Durham New Property bentlsers designated as Part 1 on Plan 4OR-3789 ,,�ddNlcrlal: See El Ex ouaons (n This (a)Redescription (e)Schedule for: Additional: Document New Easement i Additional See hedule ❑ Contains: Plan/Sketch ❑ Description ❑ Parties ❑ Other (6) TMs Doounent provides as Mom: The Corporation of the Municipality of Clarington has an unregistered estate,right,interest or equity in the land registered in the name of Kalee Investments Limited,as Parcel 19-3,Section Con.8 (Darlington) Newcastle being Part of Lot 19,Concession 8,Geographic Township of Darlington,Municipality of Clarington,Regional Municipality of Durham hereby applies under Section 74 of the Land Titles Act for the entry of a Notice of Subdivision Agreement in the Register for the said Parcel. Continued on Schedule ❑ (6) This Document relates to Instrument numbers) (10) Party(les)(Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D :CORP.ORATION.,OF.:THE:::._.::::.:_Aww:.::: ::».: N[MCIPALITY OF CLARINGTON wby...:its.:.s4licitors SHIBLEY:R.IGHTUN.:�::.:..................:............ ....r:.....v:...................M:..:�v....v..::..:...:........,.......:...:....:......:...:... ........:::.... w< «w.... per Nicholas T.Macos t (ti) Address for Swvlm 40 Temperance Street,Bowmanville,Ontario, UC 3A6 (14 Party(les)(set out status or Interest) Narne(s) Signature(s) Date of Signature Y M D f n.wm.v.........::..:w.�.::.:.:nw.w::ww:w...vn....:....nv..:.:.w.v........�.:......:....:.:..:.�:...........:.:.�,�,. :....n..::.:.:..�..,.:.......:.v...w...v::..w.:.......:w::.w...:..:..:....:..:...�............::...,�...::.......:5.:....::.:......:. ... :.:.�,.: 13 Address for 8ervie (14) Municipal Address of Property (15) Document Prepared by: Fees and Tax J Nicholas T. Maeos0 Registration Fee Not Assigned Shibley Righton y 401 Bay Street, Suite 1800 W Toronto,Ontario MSH 2Z1 0 Q o Total w 3.1 i roeoNio•CANADA n M compTmed using Axm1VWA by Do Process Saftwwe LW. 11 1N2 t r r THIS AGREEMENT made in quintuplicate as of this 1c) day of -MAY , 1995. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - and - KALEE INVESTMENTS LIMITED SUBDIVISION AGREEMENT TABLE OF CONTENTS ARTICLE 1 - INTERPRETATION AND SCHEDULES . . . . . . . . . . . . . . . . . . . . . 13 1.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1.2 Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 2 - GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2.1 Recitals in Operative Part of Agreement . . . . . . . . . . . . . . . . . . . . . 20 2.2 Certification of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2.3 Copy of Plan and Agreements Required . . . . . . . . . . . . . . . . . . . . . . 20 2.4 Transfer of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 2.5 Transfer of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2.6 Registration of Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2.7 Lands for School Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2.8 Charge on Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2.9 Registration of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2.10 Renegotiation and Amendment of Agreement . . . . . . . . . . . . . . . . . 23 2.11 Municipality to Act Promptly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 2.12 Assignment of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 2.13 Replacement of Draft Plan with Final Plan(s) . . . . . . . . . . . . . . . . . . 25 2.14 Notification of Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 , 2.15 Postponement of Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 2.16 Successors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 ARTICLE 3 - FINANCIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 3.1 Payment of Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 3.2 Payment of Local Improvement Charges . . . . . . . . . . . . . . . . . . . . . . 27 3.3 Payment of Drainage Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 3.4 Payment of Development Charges . . . . . . . . . . . . . . . . . . . . . . . . . . 27 3.5 Cash in Lieu of Land Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 3.6 Performance Guarantee Required . . . . . . . . . . . . . . . . . . . . . . . . . . 28 3.7 Use of Performance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 3.8 Indemnification of Municipality . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 3.9 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 3.10 Maintenance Guarantee Required . . . . . . . . . . . . . . . . . . . . . . . . . . 30 3.11 Use of Maintenance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 3.12 Reduction and Release of Performance Guarantee . . . . . . . . . . . . . . 31 3.13 Reduction and Release of Maintenance Guarantee . . . . . . . . . . . . . . 32 3.14 Payment of Municipality's Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 3.15 Unpaid Monies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 3.16 Occupancy Permit Deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ] t ARTICLE 4 - PLANNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 4.1 Tree Preservation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 4.2 Landscaping Plan and Landscaping Requirements . . . . . . . . . . . . . . . 36 4.3 Use of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 4.4 Lands Unsuitable for Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 4.5 Lands Requiring Site Plan . 38 4.6 Requirements for Building Permits . . . . . . . . . . . . . . . . . . . . . . . . . 38 4.7 Model Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 4.8 Architectural Control Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 4.9 Requirements for Sale of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 4.10 Requirements for Occupancy Permit . . . . . . . . . . . . . . . . . . . . . . . . 43 4.11 Cash in lieu of Lands for Park or other Public Recreational Purposes . . . . . . . . . . . . . . . . . . . . . . . 45 4.12 Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 ARTICLE 5 - PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 5.1 Municipality Works Required 46 5.2 Utilities and Services Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 5.3 Owner's Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 5.4 Design of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 , 5.5 Engineering Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 5.6 Approval of Grading and Drainage Plan . . . . . . . . . . . . . . . . . . . . . . 49 5.7 Staging of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 5.8 Approval of Schedule of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 5.9 Approval of Works Cost Estimates and Stage Cost Estimates . . . . . . . 51 5.10 Requirements for Authorization to Commence Works . . . . . . . . . . . . 51 5.11 Requirements for Commencement of Subsequent Stages of Works . . . 54 5.12 Inspection and Stop Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 5.13 Construction in Accordance with Engineering Drawings . . . . . . . . . . . 55 5.14 Sequence of Construction of Works . . . . . . . . . . . . . . . . . . . . . . . . . 56 5.15 Completion Time for Construction of Works . . . . . . . . . . . . . . . . . . . 56 5.16 Additional Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 5.17 Incomplete or Faulty Works and Liens . . . . . . . . . . . . . . . . . . . . . . . 56 5.18 Acknowledgment Respecting Emergency etc. Repairs . . . . . . . . . . . . 58 5.19 Damage to Existing Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 5.20 Damage to Neighbouring Wells (Rural Applications Only) . . . . . . . . 59 5.21 Use of Works by Municipality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 5.22 Maintenance of Roads after Completion . . . . . . . . . . . . . . . . . . . . . . 61 5.23 Requirements for Certificate of Completion . . . . . . . . . . . . . . . . . . . 62 5.24 Requirements for Certificate of Acceptance . . . . . . . . . . . . . . . . . . . 63 f, 5.25 Ownership of Works by Municipality . . . . . . . . . . . . . . . . . . . . . . . . 63 5.26 Requirements for Certificate of Release . . . . . . . . . . . . . . . . . . . . . . 63 5.27 Not Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 5.28 Cost of Works Referred to in Schedule "G" . . . . . . . . . . . . . . . . . . . 64 ARTICLE 6 - COMPLIANCE WITH REGULATIONS . . . . . . . . . . . . . . . . . . . . . 64 ARTICLE 7 - RESPONSIBILITY OF SUBSEQUENT OWNERS . . . . . . . . . . . . . . 65 ARTICLE 8 - TIME OF ESSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT . . . . . . . . . . . . . . . . . . . . . 65 SCHEDULES TO AGREEMENT Schedule "A" - "Legal Description of the Lands" Schedule "B" - "Plan of Subdivision (reduction)" Schedule "C" - "Charges Against the Lands" Schedule "D" - "Schedule of Payment of Development Charges" Schedule "E" - "Transfer of Easements" Schedule "F" - "Lands to be Transferred to Municipality and/or Cash to be Paid in Lieu Thereof' Schedule "G" - "Works Required" Schedule "H" - "Utilities and Services Required" Schedule "I" - "Duties of Owner's Engineer" Schedule "J" - "Works Cost Estimates" Schedule "K" - "Insurance Required" Schedule "L" - "Regulations for Construction" Schedule "M" - "Use of the Lands" Schedule "N" - "Land Unsuitable for Building" Schedule "O" - "Land Requiring Site Plan Approval" Schedule "P" Not Used Schedule "Q" - "Conservation Authority's Work" Schedule "R" - "Engineering and Inspection Fees" Schedule "S" - "Region's Conditions of Approval" Schedule "T' - Tree Preservation Plan (Reduction) Schedule "U" - "Landscaping Plan" (reduction) Schedule "V" - "Requirements of Other Agencies" Schedule "W" - "Architectural Control Standards" Subdivision Agreement THIS AGREEMENT made in quintuplicate as of this )3 day of 1995. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART - and - KALEE INVESTMENTS LIMITED (hereinafter called the "Owner") OF THE SECOND PART WHEREAS: A. The lands owned by the Owner which are affected by this Agreement are described in Schedule "A" hereto, and are hereinafter called the "Lands'; B. The Owner represents and warrants that subject to Recital C it is the registered Owner of the Lands in fee simple absolute; C. The Owner represents and warrants that there is no mortgagee or chargee of the Lands; D. The Owner has received the approval of the Regional Municipality of Durham, to draft Plan of Subdivision 18T-89030 of the Lands subject to compliance with certain conditions thereto including the making of Subdivision Agreements with the Region and the Municipality, respectively; E. The Owner has applied to the Region for approval of a final Plan of Subdivision of the Lands and to the Region and the Municipality, respectively, for the making of the aforesaid Subdivision Agreements; 2 Subdivision Agreement F. The Owner represents and warrants that it has or will enter into an Agreement with the appropriate Public Utilities Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the utilities and services referred to in Schedule "H" and hereinafter called the "Utilities and Services". G. The Owner represents and warrants that it will enter into Agreements with the Region and the Municipality to satisfy their respective requirements, financial and otherwise in order to satisfy certain conditions of approval by the Region of draft Plan of Subdivision 18T-89030; H. This Agreement is made pursuant to the provisions of Subsection 51(6) of the Planning Act. It is authorized by By-law No. 95-32 passed by The Corporation of the Municipality of Clarington on March 13. 1995 . NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada now paid by each Party to the others (the receipt whereof by each Part is hereby acknowledges), the Parties hereto covenant and agree to and with each other as follows: ARTICLE 1 - INTERPRETATION AND SCHEDULES 1.1 Definitions (1) In this Agreement the term: (a) "Applicant" means an individual, an association, a partnership or corporation who applies for the necessary building permits for the lots or blocks covered by this Agreement. (b) "Appropriate Authority" means the Municipality, the Region, a Ministry of the Crown in right of Ontario or other authority or agency considered to be appropriate for the purpose by the Director. (c) "Assuming Purchaser" has the meaning assigned to it in paragraph 3.16(1) of this Agreement. S t 3 Subdivision 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 it in paragraph 5.26 of this Agreement. (i) "Commissioner"means the Commissioner of Planning of the Regional Municipality of Durham. (j) "Construction Lien Act" means The Construction Lien Act, R.S.O. 1990 c. C.30 as it may be amended or replaced from time to time. (k) "Cost Sharing Report"means the "Cost Sharing Report" referred to in Scheduled "G" of this Agreement. (1) "Council" means the Council of The Corporation of the Municipality of Clarington. (m) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this Agreement. (n) "Development Charge"has the same meaning as is assigned to the term in the Development Charges Act R.S.O. 1990, c. D.9. (o) "Development Charge by-law" means Municipality By-law 92-105 as it may be amended or replaced from time to tune, and the term includes a successor by-law to By-law No. 92-105 which is passed under subsection 3(1) of the Development Charges Act. r 4 Subdivision Agreement (p) "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 tune. (q) "Director" means the Director of Public Works of the Municipality of Clarington or his designated representative. (r) "Director of Community Services" means the Director of Community Services or his designated representative. (s) "Director of Planning" means the Director of Planning and Development of the Municipality of Clarington or his designated representative. (t) "Drainage Act" means the Drainage Act R.S.O.1990, c.D.17 as it may be amended or replaced from time to time. (u) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this Agreement. (v) "Final Works" has the meaning assigned to it in Schedule "G" of this Agreement. (W) "First Application" has the meaning assigned to it in Schedule "D" of this Agreement. (x) "First Excess Payment" has the meaning assigned to it in Schedule "D" of this Agreement. (y) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this Agreement. (z) "Second Excess Payment" has the meaning assigned to it in Schedule "D" of this Agreement. (aa) "Third Excess Payment" has the meaning assigned to it in Schedule "D" of this Agreement. (bb) "40M Plan" has the meaning assigned to it in paragraph 2.3 of this Agreement. [6 , t 5 Subdivision Agreement (cc) "Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreement. (dd) "Initial Works" has the meaning assigned to it in Schedule "G" of this Agreement. (ee) "Land Registry Office" has the meaning assigned to it in Schedule "A" of this Agreement. A "Lands" has the meaning assigned to it in Recital A of this Agreement. (gg) "Landscaping Plan"has the meaning assigned to it in paragraph 4.2(2) of this Agreement. (hh) "Maintenance Guarantee"has the meaning assigned to it in paragraph 3.10(1) of this Agreement. (ii) "Master Drainage Plan" has the meaning assigned to it in Schedule "G" of this Agreement. (j}) "Minister" means the Minister of Municipal Affairs, Ontario. (kk) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1) of this Agreement. (11) "Municipality" means The Corporation of the Municipality of Clarington or any official, designated by Council to administer the terms of this Agreement. (mm) "Occupancy Permit" has the. meaning assigned to it in paragraph 4.10(1) of this Agreement. (nn) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph 3.16(1) of this Agreement. (oo) "Occupancy Permit Scale" has the meaning assigned to it in paragraph 3.16(2) of this Agreement. r � i [ 6 Subdivision Agreement (pp) "Occupational Health and Safety Act"means the Occupational Health and Safety Act R.S.O. 1990 c. 0.1 as it may be amended or replaced from time to time. (qq) "Owner" means the Party of the Second Part to this Agreement, its successors and assigns and when used to refer to a successor or assignee of such Party, or to another person, an owner includes an individual, an association, a partnership or a corporation. (rr) "Owner's Engineer" means a consulting civil engineer experienced in performing the duties set out in Schedule "I" of this Agreement who or which is a partnership, association of persons or a corporation that holds a certificate of authorization, in their or its own name to practice professional civil engineering and is a licensed to do so under the Professional Engineers Act R.S.O. 1990 c. P.28 as it may be amended from time to time provided that the Owner's Engineer shall not be the Owner, or an officer, director,.shareholder or employee of the Owner. (ss) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6 of this Agreement. (tt) "Planning Act" means the Planning Act R.S.O. 1990 c.P.13 as it may be amended or replaced from time to tune. (uu) "Reapproved Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this Agreement. (vv) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreement. (ww) "Region" means The Corporation of the Regional Municipality of Durham. (xx) "Related Works" has the meaning assigned to it in Schedule"G" of this Agreement. (yy) "Road System" has the meaning assigned to it in Schedule V' of this Agreement. �a 7 Subdivision Agreement (zz) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this Agreement. (aaa) "Security for the Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(2) of this Agreement. (bbb) "Solicitor" means the Solicitor for the Municipality. (ccc) "Stage Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this Agreement. (ddd) "Staging Plan" means the staging plan for the Lands approved by the Director of Public Works pursuant to paragraph 5.11 of this Agreement. (eee) "Stormwater Management System" has the meaning assigned to it in Schedule "G" of this Agreement. (fff) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of this Agreement. (ggg) "Street Lighting System" has the meaning assigned to it in Schedule "G" of this Agreement. (hhh) "Temporary Occupancy Permit" has the meaning assigned to it in paragraph 4.10(2) of this Agreement. (iii) "Tile Drainage Act" means the Tile Drainage Act R.S.O. 1990, c. T.8 as it may be amended or replaced from time to time. 6h) "Treasurer"means the Treasurer of the Municipality or his designated representative. (kkk) "Tree Preservation Plan" has the meaning assigned to it in paragraph 4.1(1) of this Agreement. (lll) "Utilities and Services" means the utilities and services referred to in Schedule "H" of this Agreement. (mmm) "Works" has the meaning assigned to it in paragraph 5.1 of this Agreement. 13 8 Subdivision Agreement (nnn) "Workers' Compensation Act"means the Workers' Compensation Act R.S.O. 1990, c. W.11 as it may be amended or replaced from time to tune. (000) "Works Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this Agreement. (2) Whether or not it so provides explicitly, every provision of this Agreement by which the Owner is required to undertake any action shall be deemed to include the words "at the cost of the Owner". (3) Unless the context otherwise requires when used in this Agreement, the singular includes the plural and the masculine includes the feminine. 1.2 Schedules The following Schedules which are attached hereto, together with all provisions therein, are hereby made a part of this Agreement as fully and for all purposes as would be the case if they were set out in the text of this Agreement as covenants and agreements: Schedule "A" - "Legal Description of the Lands" Schedule "B" - "Plan of Subdivision (reduction)" Schedule "C" - "Charges Against the Lands" Schedule "D" - "Schedule of Payment of Development Charges" Schedule "E" - "Transfer of Easements" Schedule "F" - "Lands to be Transferred to Municipality and/or "Cash to be Paid in Lieu Thereof' Schedule "G" - "Works Required" Schedule "H" - "Utilities and Services Required" Schedule "I" - "Duties of Owner's Engineer" Schedule "J" - "Works Cost estimates" Schedule 'V - "Insurance Required" Schedule "L" - "Regulations for Construction" Schedule "M" - "Use of the Lands" Schedule "N" - "Land Unsuitable for Building" Schedule "O" - Land Requiring Site Plan Approval" Schedule "P" - Not Used Schedule "Q" - "Conservation Authority's Work" Schedule "R" - "Engineering and Inspection Fees" Schedule "S" - "Region's Conditions of Approval" 9 Subdivision Agreement Schedule "T"' - "Tree Preservation Plan (reduction)" Schedule "U" - "Landscaping Plan (reduction)" 'Schedule "V' - "Requirements of Other Agencies" Schedule "W" - "Architectural Control Standards" ARTICLE 2 - GENERAL 2.1 Recitals in Operative Part of Agreement The Owner represents and warrants to the Municipality that each of Recitals A to G of this Agreement is correct. 2.2 Certification of Ownership (1) On the execution of this Agreement, the Owner shall provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality certifying as to the title of the said Lands and setting out the names of all persons having interests in the said Lands and the nature of their interests. (2) On the execution of this Agreement, the Owner shall provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality certifying as to the title of any land outside the limits of the said Lands, which is to be conveyed to the Municipality or in which easements are to be transferred to the Municipality pursuant to the terms of this Agreement. 2.3 Copy of Plan and Agreements Required On the execution of this Agreement, the Owner shall provide the Municipality with as many copies as the Municipality requires of the final Plan of Subdivision of the Lands as approved by the Commissioner, the Minister, or the Ontario Municipal Board as the case may be. The draft final Plan of Subdivision as proposed by the Owner (the "40M Plan") is contained in Schedule "B" attached hereto. The Owner shall also furnish to the Municipality at the time of the execution of this Agreement, one (1) copy of the final Plan of Subdivision which has marked on it the stamp of approval of the Region, and a copy of the executed Subdivision Agreement entered into between the Owner and the Region with respect to the Lands if the aforesaid Plan has been approved and Agreement has been executed by the Parties thereto at the time of the execution of the Agreement. If at the time of the execution of this Agreement, the aforesaid Plan has not been so approved and/or the aforesaid Agreement between the Owner and the Region has not been executed, the Owner shall provide the Municipality with a copy of the aforesaid Plan with the stamp IS 10 Subdivision Agreement of approval of the Region marked thereon and/or a copy of the aforesaid Agreement executed by the Region and the Owner forthwith after approval of the aforesaid Plan is granted and/or the aforesaid Agreement is executed by the Parties thereto. The Owner shall also furnish to the Municipality, at the time of execution of this Agreement, one (1) copy of each of the Agreement(s) entered into by the Owner with the Clarington Hydro- Electric Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the Utilities and Services, or, if such Agreement(s) have not been executed at the time of the execution of this Agreement, the Owner shall provide the Municipality with one (1) copy of each such Agreement(s) immediately after each such Agreement(s) is executed by the Parties thereto. 2.4 Transfer of Easements (1) On the execution of this Agreement, the Owner, at its cost, shall deliver to the Municipality the executed transfers of easements which are set out in Schedule T" and shall pay to the Municipality in cash or by certified cheque the amount which is equal to any tax, fee or cost payable at the time of or in respect of the registration of such transfers against the title to he lands to which they apply. Such transfers shall be free and clear of all encumbrances and restrictions, shall be made for a nominal consideration, shall contain provisions satisfactory to the Municipality's Solicitor, and shall be in registerable form. (2) If, subsequent to the date of registration of any Plan of Subdivision of the Lands or a plan(s) of subdivision of any part(s) thereon but prior to the issuance of a building permit(s) for building(s) proposed to be constructed on a particular lot(s) or block(s), in the opinion of the Director further easements in such lot(s) or block(s) are required to be transferred to the Municipality, the Region of Durham, the Clarington Hydro-Electric Commission or other appropriate authority or company for Municipality purposes, Region of Durham purposes or for Utilities and Services, as the case may be, or for drainage purposes, the Owner agrees to transfer to the Municipality, the Region of Durham, the Clarington Hydro-Electric Commission or other appropriate authority or company, as the case may be, such further easement(s) forthwith after a written request to do so is given to it by the Director. Notwithstanding the foregoing, the Director shall not request such further easement(s), if its creation would prevent the erection of a dwelling on any part of a lot(s) or block(s) shown on the Plan. If further easements are requested to be transferred to the Municipality, the Region of Durham, the Clarington Hydro- Electric Commission, or other appropriate authority or company, as the case may be, 11 Subdivision Agreement 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 and clear of all encumbrances and restrictions, of the lands set out in Schedule T" hereto and shall pay to the Municipality in cash or by certified cheque an amount on money which is equal to any tax, fee, or cost payable at the time of or in respect of the registration of such transfers against the title to the lands to which they apply. All transfers referred to in this paragraph 2.5 shall contain provisions to the satisfaction of the Municipality's Solicitor, shall be made for a nominal consideration, and shall be in a registerable form. 2.6 Registration of Transfers The transfers of easements and lands referred to in paragraphs 2.4 and 2.5 shall be prepared by the Owner and shall be registered at the Owner's expense, at the same time as the Plan is registered. If such transfers are of or in respect of lot(s) or block(s) which are to be defined on the final Plan of Subdivision of the Lands when the Plan is approved and registered against title, the registered number of the Plan shall be left blank and the Owner hereby authorizes the Municipality to insert such Plan number after registration of the Plan. 2.7 Lands for School Purposes (1) On or prior to the execution of this Agreement, the Owner shall deposit with the Municipality, a letter from each and every School Board having jurisdiction over the said Lands stating that arrangements satisfactory to each and every School Board have been made respecting the acquisition of any lands necessary for school purposes to serve the said Lands. (2) In the event that any School Board which has an option to acquire any lot(s) or block(s) comprising part of the Lands does not exercise its option, forthwith after such School Board fails to exercise such option, the Owner shall give notice to the Municipality in writing that the School Board has not exercised its option. The Owner hereby grants to the Municipality an irrevocable option to acquire such lot(s) or block(s) on the same terms and conditions including, without limiting the generality of the foregoing, the consideration to be paid to the Owner, as the School Board could have acquired such lot(s) or block(s) by exercising its option as 12 Subdivision Agreement aforesaid, except that the Municipality shall exercise the option hereby granted by giving written notice to the Owner prior to the expiry of ninety (90) days after the Municipality receives the aforesaid notice from the Owner that the School Board has failed to exercise its option. The purchase of the lot(s) or block(s) in question by the Municipality shall be completed within ninety (90) days after the exercise of the Municipality's option as aforesaid. 2.8 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 Agreement The Owner hereby consents to the registration of this Agreement or a notice thereof against the title to the Lands. The Owner will not register, permit or suffer any person to register any instrument after the registration of the final Plan of Subdivision against the title to the Lands unless this Agreement and any transfers or other documents required to be furnished hereunder have first been registered against the title to the Lands or the appropriate portion(s) thereon as the case may be. Without derogating from the foregoing, the Owner also hereby consents to the registration of an Inhibiting Order(s) or a Caution(s) against the title to the Lands or the relevant portion(s) thereof as the case may be, in order to give further effect to the foregoing and acknowledge that the Municipality has reasonable cause to register an Inhibiting Order(s) or Caution(s) as the case may be. 2.10 Renegotiation and Amendment of Agreement (1) Following the occurrence of any of the events set out below in this paragraph 2.10 (the"Renegotiation Events"), the Municipality may give written notice to the Owner requiring that particular provisions of this Agreement specified in the notice shall be renegotiated and, if necessary amended by the Parties. No later than the expiry of the ten (10) day period following the date on which such notice is given, the Owner will cease and will require all persons with whom it has a contractual relationship to cease constructing and installing the Works referred to in such written notice until the specified provisions of this Agreement have been renegotiated and any necessary amendment(s) made to this Agreement. The Renegotiation Events are the following: �g 13 Subdivision Agreement (i) the Region, the Minister, or the Ontario Municipal Board approves a final Plan of Subdivision for the said Lands which the Municipality considers to be substantially different from the 40M Plan proposed by the Owner; (ii) the final Plan of Subdivision is not approved by the Region and registered against the title to the Lands within eighteen (18) months after the date as of which this Agreement is made; (iii) either if a Subdivision Agreement between the Owner and the Region has not been executed at the date as of which of this Agreement is made, or if such Subdivision Agreement between the Owner and the Region has been so executed, it is amended subsequent to the date as of which this Agreement is made, the provisions of such Subdivision Agreement between the Owner and the Region, in the opinion of the Municipality, affect materially the location or sizing of any of the Works to be supplied and installed under the terms of this Agreement; or (iv) construction or installation of any of the Works has not commenced within two (2) years from the date of registration of the final Plan of Subdivision of the Lands against the title to the Land; Forthwith after the giving of written notice as aforesaid requiring the renegotiation of specified provision(s) of this Agreement, the Owner and the Municipality will renegotiate the same in good faith and with expedition. In the event that the renegotiation has been completed or has not resulted in agreement by the Parties prior to the expiry of the twenty (20) day period following the date on which the notice requiring the renegotiation is given as aforesaid, at any time thereafter the Municipality may give the Owner written notice declaring this Agreement to be terminated whereupon it shall terminate. (2) On the termination of this Agreement by the Municipality declaring it to be terminated in accordance with paragraph 2.10(1), none of the Parties hereto may make any claim against the Municipality for damages for any loss or cost or make any claim against the Municipality for compensation in respect of any of the Works, whether located in whole or in part on land in which the Municipality has an interest. Notwithstanding the foregoing, the Owner and the Municipality expressly agree that the covenants and agreements contained in paragraphs 3.8,3.14,5.17,5.19, 5.20 and 5.21 and Article 7 of this Agreement will survive the termination of this Agreement pursuant to paragraph 2.10(l),and paragraphs 3.8,3.14,5.17,5.19,5.20 and 11 14 Subdivision Agreement 5.21 and Article 7 of this Agreement shall continue to bind the Owner and may be enforced by the Municipality in the same manner and to the same extent as if this Agreement had not been terminated. (3) Without derogating from the provisions of paragraph 2.10(1) from time to time by mutual agreement, the Parties hereto may amend the terms of this Agreement and any of the Schedules, but an amendment shall only be effective if in writing and executed under the seals and hands of the proper officers of each Party. 2.11 Municipality to Act Promptly Wherever the Municipality, the Municipality's Solicitor, the Municipality's Treasurer or any Municipality Director is required to take action pursuant to this Agreement, or is required to make a decision or render an opinion, or give confirmation or give authorization, permission or approval shall be made promptly in all respects and the Municipality and its officials shall act reasonably. 2.12 Assignment of Agreement The Owner shall not assign this Agreement without prior written consent of the Municipality. For greater certainty, any assignment which is made contrary to this paragraph 2.12 does not relieve a subsequent Owner of the Lands of any of his obligations under this Agreement. 2.13 Replacement of Draft Plan with Final Plan(s) (1) The Parties hereto acknowledge that at the time of the execution of this Agreement, only a red-lined copy of draft Plan of Subdivision 18T-89030 has been approved by the Region. A copy of it is contained in Schedule "B" hereto. All descriptions in this Agreement and the Schedules hereto refer to the proposed lot(s) or block(s) and street(s)shown on such red-lined draft Plan of Subdivision. The 40M Plan proposed by the Owner is also contained in Schedule "B". (2) On a final Plan of Subdivision implementing Plan 18T-89030 approved pursuant to the Planning Act, 1983 being registered against the title to any one (1) or more portions of the Lands, the registered final Plan of Subdivision shall be deemed to be substituted for the red-lined draft Plan of Subdivision 18T-89030 for the purposes of this Agreement. All amendments necessary to this Agreement shall be considered OtUl 15 Subdivision Agreement to have been made to it and to the descriptions and references contained in it, including without limiting the generality of the foregoing, Scheduled "B","E","F","G", and "Q", in order to replace the descriptions and references to the redlined draft Plan of Subdivision 18T-89030 with descriptions and references to and that are consistent with such registered final Plan of Subdivision. 2.14 Notification of Owner If any notice or other document is required to be or may be given by the Municipality or by any official of the Municipality to the Owner under this Agreement, such notice shall be mailed by first class prepaid post or delivered to: The Owner: Kalee Investments Limited c/o Mr. W.G. Dallas R.R41, Bowmanville, Ontario. L1C 3K2 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 Postponement of Mortgage The Mortgagee hereby postpones its mortgage to this Agreement with the intent that this Agreement shall take effect as though dated, executed and registered prior to the mortgage. In the event that (1) the Mortgagee obtains an order of foreclosure against the Owner, (2) the Mortgagee directly or indirectly takes possession of the Lands, or (3) the Lands are sold after default occurs under the mortgage, the Lands shall not be used or developed by any person otherwise than in conformity with the provisions of this Agreement. In order to give further assurance to the Municipality, the Mortgagee at its cost shall execute a separate Postponement Agreement containing terms satisfactory to the Municipality's Solicitor forthwith after being requested to do so by notice given in writing to the Mortgagee and to deliver the same to the Municipality. 2.16 Successors This Agreement shall enure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. 16 Subdivision Agreement ARTICLE 3 - FINANCIAL 3.1 Payment of Taxes Prior to the date of execution of this Agreement, the Owner shall pay all municipal taxes outstanding against the Lands, as set out in Schedule "C" hereto. In addition, the Owner shall pay any municipal taxes which may become due in respect of the whole or any one or more portions of the Lands after the date of execution of this Agreement in accordance with the law. 3.2 Payment of Local Improvement Charges Prior to the date of execution of this Agreement, the Owner shall pay all charges with respect to local improvements assessed against the said Lands as set out in Schedule "C" hereto. Such charges shall include the Municipality's share of any local improvements which serve the said Lands and shall include the commuted value of such charges including charges failing due after the date of the execution of this Agreement. 3.3 Payment of Drainage 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, as set out in Schedule "C" hereto, including the commuted value of such charges falling due after the date of execution of this Agreement. 3.4 Payment of Development 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 By-law in respect of the development of the Lands or any one or more portions thereof. The Owner shall pay the Development Charges in accordance with the Schedule of Payment of Development Charges contained in Schedule"D"hereto. Each payment of Development Charges set out in Schedule "D" shall be adjusted as required by the Development Charge By-law prior to the issuance of any building permit in respect of any lot(s) or block(s) on the Lands, to take into account increases or decreases in the Development Charge rate imposed by the Development Charge By-law then in effect as well as adjustments made pursuant to Section 10 of the Development Charge By-law. 17 Subdivision Agreement (2) The Parties acknowledge and agree that none of the provisions of this Agreement, including but not limited to paragraph 3.4 and Schedules "D" and "G", are intended nor shall.they be considered to have the effect of exempting the Owner in whole or in part from, or making inapplicable to the Owner, or making inapplicable in respect of the development of the Lands, a Development Charge that is imposed by the Development Charge By-law and none of them shall be used as a justification for or the basis of granting the Owner a credit of any amount in determining the development charge payable by the Owner under such By-law under the Development Charges Act. 3.5 Cash in Lieu of Land Dedication On the execution of this Agreement, the Owner shall pay the Municipality the cash payment in lieu of dedication of lands as set out in Schedule "F" hereto. 3.6 Performance Guarantee Required Prior to the date of issuance of any Authorization to Commence Work, the Owner shall deposit with the Municipality, cash or an irrevocable and unconditional letter of credit issued by a bank listed in Schedules "I or II" of the Bank Act, acceptable to the Municipality's Treasurer, and containing terms satisfactory to the Municipality's Treasurer. The deposit shall be in the amount determined by the Director to be the amount required to secure to the Municipality the performance by the Owner of its covenants contained in this Agreement to construct and install the Works and the performance of the Owner's obligations under paragraph 5.13(2) and without limiting the generality of the foregoing, in making his determination, the Director may have regard to the "Works Cost Estimate" or the"Revised Work Cost Estimate" (both terms as hereafter defined)whichever is applicable, for the construction and installation of the Works which either are the subject of an Authorization to Commence Work or for the issuance of which an Authorization to Commence Works application has been made by the Owner. If from time to time following the issuance of any Authorization to Commence Works the Director is of the opinion that the amount of the Performance Guarantee should be increased in order to protect the Municipality's interests under this Agreement, forthwith after the Director gives written notice to the Owner requiring an increase in the amount of the Performance Guarantee, the Owner shall deposit with the Municipality cash or an unconditional and irrevocable letter of credit in such amount issued by a bank listed in Schedule "P' or "II" of the Bank Act that is acceptable to the Municipality's Treasurer and continuing terms satisfactory to the Municipality's Treasurer. (The cash deposit(s) or letter(s) of credit which is (are) to be deposited by the Owner pursuant to this paragraph 3.6 and other provisions of this 18 Subdivision Agreement Agreement are called the"Performance Guarantee".) In the event that the Owner does not increase the amount of the Performance Guarantee for a period of thirty(30) days following the giving of written notice by the Director to the Owner requiring an increase in the amount of the Performance Guarantee, (1)all Authorizations to Commence Work that have been issued shall terminate, and (2) the Owner shall not apply for or require the issuance of any permit for the construction of buildings or any part of the Lands pursuant to the Building Code Act. Without derogating from the other provisions of this Agreement, the Parties acknowledge that if the Owner deposits a letter of credit with the Municipality's Treasurer as the whole or part of the Performance Guarantee or an increase thereof required by this Agreement,the Municipality's Treasurer, acting reasonably,may at any time draw on such letter of credit and deposit the cash proceeds thereof in an account to the credit of Municipality for disbursement in accordance with this Agreement. 3.7 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 amount(s) determined by the Director, which in aggregate shall not exceed the amount(s)which in the opinion of the Director are required to remedy the Owner's breach(es) or default(s) of or under the provisions of this Agreement. Forthwith after making each such appropriation, the Director shall give the Owner written notice thereof and the Owner shall forthwith reinstate the Performance Guarantee to the full amount(s) required by this Agreement. 3.8 Indemnification of Municipality (1) The Owner shall defend, indemnify and save the Municipality harmless from and against all actions, claims, liabilities, losses, damages and expenses including reasonable legal fees which arise by reason of or are caused in whole or in part by the making an,d/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 Owner's Engineer, the Owner's Engineer's employees, and the Owner's licensees. (2) For greater certainty, the making of this Agreement is not intended to and shall not have the effect of requiring the Municipality to do or refrain from doing any act or making any recommendation necessary for the Owner to achieve approval of the final Plan of Subdivision of the Lands and its registration against the title to the Lands. a� 19 Subdivision Agreement 3.9 Insurance The Owner shall obtain and maintain the insurance and deposit the proof thereof as required by Schedule "K" of this Agreement in accordance with Schedule "K" of this Agreement. 3.10 Maintenance Guarantee Required (1) From the date of issuance of an Authorization to Commence Works until the date of issuance of a Certificate of Acceptance of the Works or particular component(s) of the Works, the Owner agrees with the Municipality to promptly correct, remedy, repair or replace any portion or component of the Works in question that the Director determines to be defective or deficient having regard to the provisions of this Agreement at the Owner's cost (the "Maintenance Guarantee"). The amount of the Maintenance Guarantee shall be determined in accordance with paragraph 3.12(1) of this Agreement. The Owner shall be given written notice of any such deficiency or defect by the Director forthwith after he identifies the same. (2) The Maintenance Guarantee expires on the date of issuance of the Certificate of Acceptance of the Works referred to in paragraph 3.10(1) which shall not be earlier than the date of expiry of the relevant period of the Maintenance Guarantee for the following Works as set out below: (a) "Initial Works" (as hereafter defined): the later of(1) the date of expiry of the period of two (2) years which commences on the date of issuance of the Certificate of Completion for the Initial Works, and (2) the date of issuance of a Certificate of Completion for the "Final Works" (as hereafter defined); (b) "Final Works": the date of expiry of the period of one (1) year that commences on the date on which the maintenance period for the Initial Works specified in paragraph 3.10(2)(a) expires; (c) "Street Lighting_System" (as hereafter defined the date of expiry of the period of two (2) years which commences on the date of issuance of the Certificate of Completion of the Street Lighting System; and (d) "Stormwater Management System" (as hereafter defined): the date of expiry of he period of two (2) years which commences on the date of the issuance of the Certificate of Completion of the Stormwater Managelent System 20 Subdivision Agreement provided that such Certificate of Completion for the Stormwater Management System shall not be issued prior to the issuance of the Certificate of Completion for the Final Works. 3.11 Use of Maintenance Guarantee From time to time, the Municipality may appropriate the whole or any part of the Security for the Maintenance Guarantee if the Owner fails to pay any cost(s)payable by the Owner to the Municipality under this Agreement. The amount(s) of such appropriation shall not exceed the amount(s)which in the opinion of the Director are required to remedy the Owner's breach(es) or default(s) as determined by the Director of correcting or remedying a deficiency(s) or defect(s) in the Works or a portion or component thereof, which is covered by the Maintenance Guarantee and is in question. Forthwith after the Municipality makes any such appropriation,the Director shall give the Owner written notice thereof. Forthwith, after the giving of such notice, the Owner shall restore the Security for the Maintenance Guarantee to the full amount required by this Agreement. 3.12 Reduction and Release of Performance Guarantee (1) Prior to the release of the Performance Guarantee, in the discretion of the Director, the amount of the Performance Guarantee may be reduced, from time to time, to reflect the progress of completion of the Works and other facilities and improvements which are required to be constructed and installed by the Owner after taking into account any outstanding claims the satisfaction of which is provided for in this Agreement. The maximum reduction that may be permitted to be made by the Director is such that will leave on deposit with the Municipality's Treasurer as the Performance Guarantee an amount equal to the sum of (1) the value of the uncompleted Works and the other facilities and improvements as determined by the Director having regard for the Works Cost Estimates then in force plus any amount determined by the Director but not to exceed twenty (20%) percent of such value as a completion allowance payable to the Municipality, and (2) as the Maintenance Guarantee fifteen (15%)percent of the value of the completed Works, facilities and services, also determined by the Director after considering the material, if any, submitted to the Director by the Owner's Engineer in support of an application for reduction of the Performance Guarantee in respect of the Works that have been completed by the Owner as well as the contract documents, sub-contracts and supply contracts pertaining to the Works and the provisions of the Construction Lien Act. a� 21 Subdivision Agreement (2) The Owner will not require the Municipality to release to the Owner any unused portion of the Performance Guarantee until each of the following conditions is satisfied: (a) A Certificate of Completion has been issued for the Works for which the Performance Guarantee was initially required to be deposited with the Municipality. (b) The Owner has deposited or has left on deposit with the Municipality the Maintenance Guarantee applying to the Works for which the Performance Guarantee initially was required to be deposited with the Municipality. (c) The Director is satisfied that in respect of the construction and installation of the Works for which such Performance Guarantee was initially required to be deposited with the Municipality, there are no outstanding claims relating to such Works. (d) The Municipality is satisfied that there are no outstanding claims relating to the Works which the Municipality is required or may be permitted to pay either under the provisions of the Construction Lien Act or otherwise. (e) The Municipality is satisfied that the Owner is not in breach of any of its covenants contained in this Agreement. 3.13 Reduction and Release of Maintenance Guarantee The Owner agrees that the Municipality shall not be required to release to the Owner the Security for the Maintenance Guarantee until each of the following conditions are satisfied: (a) A Certificate of Acceptance has been issued for the Works for which such Maintenance Guarantee is required under this Agreement. (b) The Municipality is satisfied that there are no outstanding claims relating to such Works which the Municipality is required or may be permitted to pay either under the provisions of the Construction Lien Act or otherwise. (c) The Municipality is satisfied that the Owner is not in breach of any of its covenants contained in this Agreement. 22 Subdivision Agreement (d) With respect to all lots and blocks in the 40M Plan for which building permits have been issued and Temporary Occupancy Permits have been received by the Owner, the Municipality is satisfied that within the one (1) year period of temporary occupancy under a Temporary Occupancy Permit the Director has received the Owner's Engineer's written confirmation that grading of the lots and blocks in question has been completed in accordance with the approved Grading and Drainage Plan. (e) The Director has received the as-constructed drawings for such Works from the Owner as well as the computer disks, if any have been prepared by the Owner's Engineer. 3.14 Payment of Municipality's Costs (1) The Owner shall reimburse the Municipality for all reasonable legal, planning, engineering and other technical advice, and administrative expenses actually incurred for the preparation and registration of this Agreement and the reasonable cost of all legal services contemplated by the terms of this Agreement,which include the review of the Performance Guarantee, the review of the Security for the Maintenance Guarantee and the preparation of a Certificate(s) of Release, provided that services have actually been performed for the Municipality. (2) The Owner shall pay to the Municipality Engineering and Inspection fees in accordance with the provisions of Schedule "R". (3) After giving reasonable notice to the Municipality, the Owner may inspect, during regular business hours, such accounts, invoices, time records and other documents and calculations of charges for which the Municipality is requiring reimbursement pursuant to paragraph 3.14(1). 3.15 Unpaid Monies Except as otherwise provided in this Agreement, the due date of any money payable under it unless a different due date is specified in this Agreement, shall be thirty (30) days after the date of the giving of the written invoice to the Owner. Interest shall be calculated and be paid by the Owner to the Municipality on all sums of money of which the Owner is in default at the same rate, and in the same manner, and at the same time as is the case with Municipality taxes which are in arrears at the date on which the default in question commences. 23 Subdivision Agreement 3.16 Occupancy Permit Deposit (1) Prior to the date of issuance of the first building permit for a dwelling proposed to be constructed on the Lands, the Owner and/or a person who has entered into an agreement with the Municipality containing terms satisfactory to the Municipality to assume the obligations of the Owner under this Agreement relating to a specific lot(s) or block(s) on the 40M Plan (the"Assuming Purchaser") shall deposit with the Municipality an irrevocable and unconditional letter of credit issued by a bank listed in Schedules"I" or "IT' of the Bank Act acceptable to the Municipality's Treasurer, in the amount of $20,000.00 dollars (the letter(s) of credit are referred to as the "Occupancy Permit Deposit") to secure the performance of the Owner's covenant to the Municipality under this Agreement that occupancy of any dwelling(s) on the Lands will not take place before an "Occupancy Permit" (as defined in paragraph 4.10) is issued by the Director of Planning in respect of such dwelling(s) pursuant to paragraph 4.10. The letter of credit(s) shall contain terms satisfactory to the Municipality's Treasurer. In the event that occupancy of a dwelling or dwellings occurs before the date of issuance of an Occupancy Permit contrary to the provisions of paragraph 4.10, the Municipality may draw upon and appropriate from the Occupancy Permit Deposit the amount necessary to permit the Municipality to comply with the requirements of paragraph 4.10 on the Owner's and/or the Assuming Purchaser's behalf and/or at the Owner's or the Assuming Purchaser's cost, as the case may be. In the event that the Municipality so appropriates the whole or any part of the Occupancy Permit Deposit,forthwith after it and/or they are given written notice of the amount of the appropriation, the Owner and/or the Assuming Purchaser shall restore the Occupancy Permit Deposit to the full amount of $20,000.00 dollars. The Occupancy Permit Deposit or the unused portion thereof shall be returned to the Owner and/or the Assuming Purchaser at such time as the last dwelling which may be constructed on the Lands is permitted to be occupied pursuant to an Occupancy Permit issued in accordance with this Agreement. If a letter(s) of credit is deposited as the Occupancy Permit Deposit, the Municipality agrees to permit its (their) replacement from time to time by the Owner and/or the Assuming Purchaser, as the case may be, provided that at all times the Occupancy Permit Deposit is maintained as is required by this paragraph 3.16(1). Following each such permitted replacement of a letter(s) of credit, the Municipality will return the replaced letter(s) of credit to the Owner and/or the Assuming Purchaser. (2) The Occupancy Permit Deposit requirement referred to in paragraph 3.16(1)is based on the following "Occupancy Permit Scale" of the Municipality which is current on the date of execution of this Agreement. 24 Subdivision Agreement up to 10 lots $10,000.00 11 to 50 lots $20,000.00 51 to 100 lots $30,000.00 101 to 250 lots $40,000.00 251 to 500 lots $60,000.00 over 500 lots $100,000.00 The Owner agrees with the Municipality that the Municipality in its discretion may amend its Occupancy Permit Scale from time to time prior to the date on which the Occupancy Permit Deposit is deposited with the Municipality pursuant to paragraph 3.16(1). The Owner shall increase the amount of the Occupancy Permit Deposit in accordance with the Municipality's amended Occupancy Permit Scale forthwith after the Director of Planning gives written notice to the Owner requiring it to do so. In the event that the Owner does not increase the amount of the Occupancy Permit Deposit for a period of twenty (20) days following the giving of written notice by the Director to the Owner requiring an increase in the amount of the Occupancy Permit Deposit, (1) all Authorizations to Commence Works that have been issued shall terminate, and (2) the Owner shall not apply for or require the issuance of any permits for the construction of buildings on any part of the Lands pursuant to the Building Code Act. ARTICLE 4 - PLANNING 4.1 Tree Preservation Plan (1) Prior to the issuance of any Authorization to Commence Works the Owner shall have obtained the written approval of the Director of Community Services, the Director of Planning and Development, and the Director of Public Works of a plan for the preservation of trees on the said Lands (the "Tree Preservation Plan") which shall show: (a) the location and approximate size of all existing trees over 30.5 cm in circumference at 1.5 m above the ground; and (b) the location of all existing trees referred to in subparagraph (1) hereof intended to be removed during the development of the said Lands. (2) No work shall be done or caused or permitted to be done by the Owner to remove, destroy or damage any tree shown on the Tree Preservation Plan. No existing tree 25 Subdivision Agreement shall be removed until the Tree Preservation plan has been approved by the Director of Community Services, the Director of Planning and the Director of Public Works. Thereafter an existing tree may be removed only if permitted by the Tree Preservation Plan. The Owner shall comply with the approved Tree Preservation Plan. In the event that any tree required to be preserved by the approved Tree Preservation Plan is removed, destroyed or damaged, the Owner at its expense shall replace that tree with a tree of a height, calliper and species as determined by the Director of Planning in his discretion. 4.2 Landscaping Plan and Landscaping Requirements (1) Prior to the issuance of any Authorization to Commence Works, the Owner shall obtain the written approval of the Director of Planning and the Director of Public Works of the "Landscaping Plan" (as hereafter defined). (2) Prior to the execution of this Agreement, the Owner shall retain a qualified landscape architect acceptable to the Director of Planning and the Director of Public Works. The landscape architect shall prepare a draft landscaping plan showing, amongst other things required by each of the Director of Community Services, the Director of Planning and Development, and the Director of Public Works,boulevard road areas and vegetation, trees to be planted thereon and fencing and screen planting as required by paragraph 4.2(4). The draft landscaping plan shall conform with and implement the Municipality's landscaping design criteria, as amended from time to time, the approved Engineering Drawings and the other provisions of this Agreement. When the draft landscaping plan has been settled to the satisfaction of the aforesaid Directors and approved by them, it is the "Landscaping Plan" for the purposes of this Agreement. (3) The Parties #cknowledge that the Landscaping Plan contained in Schedule "U" hereto is the Landscaping Plan for the purposes of this Agreement. (4) The Owner agrees at its cost to satisfy the following requirements: (a) all lots in Urban Areas are to be sodded and all lots in Rural Areas are to be sodded or seeded, as may be required by the Director of Planning,within one (1) year of occupancy of the dwellings; (b) except where otherwise provided in the Municipality's Design Criteria and Standard Detailed Drawings, a minimum of one (1) tree per lot shall be 3t 26 Subdivision Agreement planted on the street allowances in accordance with the provisions of this paragraph 4.2(5); (c) all trees shall be a minimum of three point five (3.5) m in height and six (6) cm in calliper, staked and bagged; (d) screen planting and fencing shall be provided between residential uses and other uses in accordance with the Municipality's landscaping design criteria and the relevant Landscaping Plan; (e) fencing shall have a minimum height of one point eight (1.8) metres. Chain- link fencing is not permitted except in areas abutting walkway, schools and parks and then only in accordance with the Municipality's landscaping design criteria and the relevant Landscaping Plan; and (f) where wood fencing is proposed, it must be constructed either of pressure treated wood or wood of equivalent longevity in the opinion of the Director of Planning. (5) The Owner agrees, at its expense, to provide and install trees, vegetation and fencing and to satisfy the other requirements of the Landscaping Plan expeditiously during the construction of dwellings on the Lands. Any default by the Owner in satisfying any of the requirements of paragraph 4.2 may be remedied or corrected by the Municipality at the Owner's cost. Without limiting the Municipality's rights under any other provision of this Agreement, the Owner acknowledges and agrees with the Municipality that the Municipality may appropriate a portion of the Performance Guarantee to indemnify the Municipality in respect of the cost of remedying or correcting any such default of the Owner at any time when deemed necessary by the Director of Planning. On each occasion, forthwith, after the Director of Planning gives the Owner written notice of the amount so appropriated, the Owner shall restore the Performance Guarantee to the amount required by this Agreement. 4.3 Use of Lands The Lands shall not be used for any purpose other than the purposes set out in Schedule "M" hereto, provided that such purpose is permitted by the Municipality's By-law 84-63, as amended from time to tune. 27 Subdivision Agreement 4.4 Lands Unsuitable for Building The Parties acknowledge and agree that the lot(s) or block(s) which are set out in Schedule "N' hereto are unsuitable for building purposes. The Owner will not make, cause or permit an application to be made for a building permit for the construction of any structure on any such lot(s) or block(s)until the conditions set out in Schedule "N' for such lot(s) or block(s) have been satisfied to the approval of the Director of Planning and the Director of Public Works and/or any other authority having jurisdiction in respect of the matter. The Owner shall maintain the lot(s) or block(s) set out in Schedule "N" in a condition acceptable to the Director of Planning. 4.5 Lands Requiring Site Plan The Owner shall not make or cause or suffer any person(s) to make an application for a building permit in respect of any lot(s) or block(s) within the Plan which are set out in Schedule "O" until the Owner has entered into a Site Plan Agreement with the Municipality respecting the development of such lot(s) or block(s) under Section 41 of the Planning Act,provided that any application for a building permit shall comply in all respects with the terms of the said Site Plan Agreement and all applicable laws. 4.6 Requirements for Building Permits The execution of this Agreement by the Municipality, the approval by the Municipality of the 40M Plan, and the issuance of any Certificate of Acceptance of Works, do not constitute a representation or covenant by the Municipality to any person, nor shall be taken to give any assurance to the Owner or to any other person that building permits for buildings proposed to be constructed on any portion of the Lands when applied for,will be issued. Without limiting the generality of the foregoing, the Owner will not apply for or cause or permit an application to be made by any person for a building permit for a building proposed to be constructed on any of the Lands, made until the following requirements are satisfied: (a) All easements required to be transferred by this Agreement to the Municipality, the Region of Durham or the Clarington Hydro-Electric Commission, and all easements required to be transferred for the purpose of Utilities and Services referred to in Schedule "H", and all easements required to be transferred or reserved for the purpose of drainage or access to the Iot(s) or block(s) in respect of which an application for a building permit(s) is made, have been transferred to or reserved by the appropriate person as required by this Agreement. 33 28 Subdivision Agreement (b) All the roads which are required to be constructed to provide access to the proposed building in accordance with this Agreement, have been constructed at least to the completed base course of asphalt, and the Director has given the Owner his written approval of them as being sufficient to provide in his opinion adequate access to the proposed building(s). (c) All of the Works required to be constructed and installed under road(s) referred to in paragraph 4.6(b) have been constructed and installed to the satisfaction of the Director. (d) All of the Utilities and Services required to be constructed and installed pursuant to Schedule "H" have been constructed and installed and have been accepted by the Clarington Hydro-Electric Commission and/or the authority or company having jurisdiction over such Utilities and Services. Alternatively, the Municipality has received written confirmation from such Commission, authority or company, as the case may be, that sufficient financial security(s) have been received by it (them) on which it 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. (e) The Owner has provided the Director of Planning with a paper draft of the registered Plan of Subdivision of the Lands, (the Owner shall provide the Director of Planning with a mylar copy of such registered Plan of Subdivision forthwith after it is made available to the Owner by the Land Registry Office). (f) The Development Charges required to be paid by the Owner to the Municipality pursuant to paragraph 3.4 and Schedule "D" have been paid in respect of the lot(s) or block(s) for which application is made for a building permit. (g) The Owner has deposited with the Municipality the Occupancy Permit Deposit as required by paragraph 3.16 of this Agreement and it is in good standing. (h) If the application for a building permit is for a building proposed to be constructed on any lot(s) or block(s) set out in Schedule "N', the Owner has satisfied the conditions with respect to the development of such lot(s) or block(s) set out in paragraph 4.4 of this Agreement. 3 29 Subdivision Agreement (g) If the application for a building permit is for a building proposed to be constructed on any lot(s) or block(s) set out in Schedule "O", the Owner has entered into a Site Plan Agreement under Section 41 of the Planning Act with respect to the development of such lot(s) or block(s) in accordance with paragraph 4.5 of this Agreement. (j) The Performance Guarantee and the Security for the Maintenance Guarantee provided for in this Agreement have been deposited with the Municipality and are in good standing and all sums of money required to the Municipality by the Owner pursuant to this Agreement have been paid. (k) The applicant has submitted a Site Plan satisfactory to the Director and certified as being correct by the Owner's Engineer which demonstrates to the satisfaction of the Director that the final grades of the lot(s) or block(s) in respect of which the Application for a building permit(s) is made are appropriate for the building(s) proposed to be constructed thereon, the grading of the lot(s) or block(s) in question and the proposed access thereto conforms with the Grading and Drainage Plan approved by the Director for the particular lot(s) or block(s) as well as with the Municipality's Design Criteria and Standard Detail Drawings. (1) The Owner has erected or caused to be erected a sign displaying all road(s), lot(s) or block(s) within the Plan sufficient to illustrate the future housing types and distribution, the location of any park, open space, school or commercial blocks proposed on the said Lands, as well as all future uses for lands which abut the said Lands as identified by an approved Official Plan, Neighbourhood Plan, or Hamlet Development Plan and/or an approved Draft Plan of Subdivision of such abutting lands. (m) (i) The Owner has constructed access routes to the subdivision in satisfaction of the requirements of the Ontario Building Code and has installed all necessary watermains and hydrants which are fully serviced. (ii) The Owner has agreed with the Municipality that during construction of the building pursuant to the building permits which have been applied for fire access routes will be maintained continuously as required by the Ontario Fire Code, storage of combustible waste will be maintained in accordance with the Ontario Fire code, and open burning will not occur contrary to the Ontario Fire Code. 35 30 Subdivision Agreement (iii) The Owner has agreed with the Municipality to comply with the Ontario Fire Code with respect to Combustible Waste and Open Burning. (iv) The Owner has agreed with the Municipality to have regard for the "Guidelines to Fire Prevention" published jointly by the Ontario Home Builder's Association and the Toronto Home Builder's Association in respect of construction of dwellings. (n) The Owner has provided written confirmation that all dwelling(s) to be erected on the Lands in which the lot(s) or block(s) in question is located, satisfy the Architectural Control Standards contained in Schedule "W" hereto. (o) The Owner has satisfied the requirement of paragraph 4.12 of this Agreement. 4.7 Model Homes (1) Notwithstanding the provisions of paragraph 4.6 of this Agreement, the Owner may apply for building permit(s) for model home(s) to be used for sales display purposes which it proposes to construct on not more than ten (10%) percent of the total number of lot(s) within the registered Plan of Subdivision of the Lands, provided that: (a) each such application is in conformity with all By-laws of the Municipality, the Ontario Building Code Act and the Ontario Building Code; (b) all building permit fees, Occupancy Permit Deposits and the Development Levies provided for in this Agreement have been paid to or deposited with the Municipality as is required by law and this Agreement; (c) the Owner has satisfied the Director that the final grades of the lot(s) or block(s) is appropriate for the proposed model home(s) and that such final grades are in compliance with the Grading and Drainage Plan; (d) the Owner has complied with the provisions of paragraphs 4.6(1) and 4.6(n) of this Agreement. (2) Prior to the date of issuance of any building permit for a model home(s), the Owner shall obtain the approval of the Director of the proposed access to the model 3c.Q 31 Subdivision Agreement home(s) in question. In each case, such access shall be to the satisfaction of the Director and the Municipality's Fire Chief. (3) Any model home(s) constructed on the Lands shall be used for sales display purposes only and shall not be occupied for any residential purpose until such time as the provisions of paragraphs 4.6 and 4.10 of this Agreement have been complied with. If such model home(s) is occupied for residential purposes contrary to the provision of this paragraph 4.7(3), then without derogating from any rights of the Municipality may have under this Agreement, a statute, a regulation, or a by-law, the provisions of paragraph 3.16 shall apply and shall be complied with by the Owner on each occasion that such unauthorized occupation takes place. (4) The Owner understands and agrees with the Municipality that if the Owner constructs or causes or permits any person to construct one (1) or more model home(s) on any part of the Lands prior to the day on which the watermains and hydrants on the Lands or any part of them are fully serviced and operational for fire protection purposes to the satisfaction of the Municipality's Fire Chief, the construction and/or use of the model home(s) is entirely at the risk of the Owner. The Owner shall save the Municipality harmless and indemnify the Municipality from and against all actions, claims, liabilities, losses, damages and expenses, including reasonable legal fees,which arise by reason of construction and/or use of such model home(s), and the provisions of paragraph 3.8(1) shall apply with all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 4.7(4). 4.8 Architectural Control Standards All dwellings to be erected shall satisfy the Architectural Control Standards as contained in Schedule "W" hereto. 4.9 Requirements for Sale of Lands Without derogating from any other provision of this Agreement the Owner shall not sell the Lands or any one (1) or more portions of the Lands until each of the following conditions is satisfied: (a) the transfers of easements and transfers of lands referred to in paragraphs 2.4 and 2.5 have been registered in accordance with paragraph 2.6; 3� 32 Subdivision Agreement (b) where a building permit has not been issued in respect of a lot(s) or block(s) shown on the Plan which is proposed to be sold, the Owner has obtained from the prospective purchaser an enforceable covenant made directly with the Municipality by which such purchaser agrees with the Municipality, that prior to the issuance of a building permit for a building on the land in question, he will deliver to the Municipality, the Clarington Hydro-Electric Commission, other authority and/or company, as the case may be, any transfers of easements as in such lot(s) or block(s) which are required for Municipality, Region of Durham and Utilities and Services or drainage purposes, as determined by the Director, forthwith after written request by the Director therefore is given to the Owner; (c) the Owner has obtained from such prospective purchaser of a lot(s) or block(s), a licence to permit the Owner and/or Municipality, to enter on the lot(s) or block(s) in question in order to perform the Owner's obligations under this Agreement and to permit the Municipality to exercise its rights under this Agreement to correct or remedy a default of the Owner in such performance; (d) the Performance Guarantee, the Security for the Maintenance Guarantee and all cash deposits or letters of credit required by this Agreement have been deposited with the Municipality and all letters of credit deposited with the Municipality are in good standing; and (e) the Owner has included in the Agreement to purchase the Lands or the lot(s) or block(s) on the Plan which is entered into by the prospective purchaser(s)as the case may be, a notice that the Lands are subject to the covenants and obligations set forth in this Agreement, and without limiting the generality of the foregoing, are subject to the provisions of Article 7 in respect of the obligations of subsequent owners. 4.10 Requirements for Occupancy Permit (1) Notwithstanding the requirements of any statute, regulation or by-law respecting the issuance of any permit authorizing or permitting the occupancy of any building, the Owner shall not occupy or cause or permit any building on the said Lands to be occupied without the written permission of the Municipality (the "Occupancy Permit") having been given. In addition to satisfying the other requirements of this Agreement, an Occupancy Permit shall not be issued to any person for any building until the following requirements are satisfied: 3a 33 Subdivision Agreement (a) all of the roads which are required to be constructed under this Agreement, and which will provide access to such building, have received the application of the base course of asphalt, to the written satisfaction of the Director and the required street lighting system has been installed and energized, all at the cost of the Owner; (b) all of the storm drainage system required to be constructed and installed to service such building has been constructed and installed to the written satisfaction of the Director, and such building has been connected thereto; (c) all of the Utilities and Services, with the exception of telephone and cable T.V., which are required to be constructed, installed and connected to the building pursuant to Schedule "H", have been so constructed, installed and connected to the written satisfaction of the Director, the Clarington Hydro- Electric Commission or the authority or company having jurisdiction over such Utilities and Services, as is appropriate; (d) the building has been connected to and is serviced by a water supply and sewage disposal system to the written approval of the Region of Durham; (e) either the Owner's Engineer has provided the Director with his written certification that the lot(s) or block(s), on which such building is located has been developed in conformity with the Grading and Drainage Plan, or the Owner has given written approval by the Director to vary the requirements of the approved Grading and Drainage Plan with respect to the lot(s) or block(s) in question; and (f) the building has been finally inspected and approved pursuant to the Building Code Act, the Ontario Building Code and the Plumbing Code. (2) Notwithstanding the provisions of paragraph 4.10(1)(e), the Owner may be issued a permit (the "Temporary Occupancy Permit") by the Director of Planning to permit the temporary occupancy of a dwelling provided that the Owner establishes to the satisfaction of the aforesaid Director that it has been unable to comply with the requirements of paragraph 4.10(e)by reason of seasonal, weather or other conditions which are considered by the Director, in his discretion, to be beyond the control of the Owner. Prior to the issuance of a Temporary Occupancy Permit the Owner shall establish, to the satisfaction of the Director of Planning that the provisions of 34 Subdivision Agreement paragraphs 4.10(1)(a), (b), (c), (d) and (f) have been satisfied. The Owner also shall provide to the aforesaid Director the written confirmation required by paragraphs 4.10(1)(e)within one(1)year from the date of the commencement of the Temporary Occupancy Permit respecting the dwelling in question. Until such written confirmation is provided to the aforesaid Director, the Municipality may retain the Occupancy Permit Deposit provided for by paragraph 3.16 of this Agreement. If the Owner does not comply with the approved Grading and Drainage Plan within ten (10) days, excluding Saturday and Sunday, after being required to do so by written notice given to the Owner by the Director, the Municipality may appropriate the approved Grading and Drainage Plan, as determined by the Director in his discretion, provided that the Director shall give written notice to the Owner forthwith after making each such appropriation of the amount of the appropriation in question. If the written confirmation which is required by paragraph 4.10(1)(e) is not provided to the aforesaid Director within one (1) year of the date of issuance of a Temporary Occupancy permit, no person shall occupy the dwelling in respect of which a Temporary Occupancy Permit has been issued until an Occupancy Permit respecting the dwelling has been issued pursuant to paragraph 4.10(1). 4.11 Cash in lieu of Lands for Park or other Public Recreational Purposes Without derogating from the other provisions of this Agreement, on the execution of this Agreement, the Owner shall pay to the Municipality in cash the amount of money in lieu of the transfer of land to the Municipality for parks and other public recreational purposes which is set out in Schedule 7'. 4.12 Special Conditions (1) During construction on the Lands the Owner shall maintain fire access routes to the satisfaction of the Municipality's Fire Chief. (2) In cases in which an Appropriate Authority determines that the well or private watersupply of any person is interfered with either as a result of the grading of, construction on, or the development of the Lands or any portion of the Lands, or as a result of the construction or installation of any of the Works, the Owner, at its cost, either shall connect the affected person to the Municipal water supply system or shall provide a new well or private water system so that water supplied to the affected person shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected person prior to the interference. 35 Subdivision Agreement (3) The Owner shall comply with the provisions of Schedule "Q" and Schedule "V" hereto. (4) Any deadends and/or open side of road(s) allowances created by this draft Plan shall be terminated in zero point three (0.3) metre reserve(s) which shall be transferred to the Municipality. Paragraphs 2.5 and 2.6 apply in respect of such transfers with all changes necessary being considered to have been made to them and give effect to this paragraph 4.12(4). (5) Without derogating from paragraph 4.12(2), in cases in which the Appropriate Authority has determined that the well or private water supply of any person is interfered with, the Owner shall at his expense either connect the affected party to a municipal water supply system or a private system so that water supplied to the affected party shall be of.quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. ARTICLE 5 - PUBLIC WORKS 5.1 Municipality Works Required The Owner at the Owner's expense shall construct and install the facilities, services, works, improvements and landscaping more particularly described in Schedule "G" hereto (collectively in this Agreement are called the "Works"). From the date of issuance of the Authorization to Commence Works until the date of issuance of a Certificate of Acceptance of them the Owner shall be fully responsible for the construction and maintenance of the Works including the cost thereof in accordance with the provisions of this Agreement. After the issuance of a Certificate of Acceptance, the Works referred to in such Certificate shall be the responsibilitX of the Municipality. 5.2 Utilities and Services Required Either prior to or forthwith after the date of this Agreement, the Owner shall enter into an Agreement(s) with the authorities or companies or company having jurisdiction in respect of the Utilities and Services referred to in Schedule"H" in the area in which the said Lands are located which provides for the matters referred to in Schedule "H". 36 Subdivision Agreement 5.3 Owner's En ineer (1) At all times until this Agreement is released, the Owner shall retain the Owner's Engineer who shall perform the duties set out in Schedule "I". on the execution of this Agreement and on each occasion on which a new Owner's Engineer is retained by the Owner, forthwith after retaining the Owner's Engineer, the Owner shall give the Director written notice of the name, address and telefax number of the Owner's Engineer. No partnership, association of persons or corporation shall be retained as the Owner's Engineer without the prior written approval of the Director. All notices to be given to the Owner's Engineer are properly given if given by personal service, by telephonic facsimile communication, or first class prepaid post addressed to the Owner's Engineer at the address or telefax number provided to the Director pursuant to this paragraph 5.3. Forthwith after the Director gives the Owner written notice requiring it to do so, the Owner shall give the Director written notice advising him whether or not the approved Owner's Engineer continues to be retained by the Owner. (2) If at any time following the execution of this Agreement until the day on which a Certificate(s) of Acceptance has been issued for all of the Works in accordance with this Agreement, the Owner's Engineer resigns, abandons his office or is terminated by the Owner, the Owner shall give the Director written notice of that fact within three (3) days from the date of the resignation, abandonment or termination, as the case may be. Until such time as the Owner retains and notifies the Director of the name and address of a new Owner's Engineer who is qualified to be approved by the Director pursuant to this Agreement and who in fact is approved by the Director, the Owner hereby authorizes the Director on the Owner's behalf and the Owner's cost to appoint a new Owner's Engineer,provided that(1) forthwith after appointing a new Owner's Engineer, the Director shall give the Owner written notice of the name, address and telefax number of the Owner's Engineer who is so appoint; (2) the Owner shall not act to terminate the new Owner's Engineer except for cause, and then only with the prior written approval of the Director; (3) the Director may appropriate from the Performance Guarantee and the security for the Maintenance Guarantee amounts necessary to pay the Owner's Engineer's reasonable fees and disbursements; and (4) the Director may appoint as the new Owner's Engineer any partnership, association of persons or corporation otherwise qualified under this Agreement who or which previously may have resigned or abandoned the performance of the services as the Owner's Engineer under this Agreement or who 1 37 Subdivision Agreement 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 7' of this Agreement, on the execution of this Agreement, the Owner, at its expense, shall transfer to the Municipality any land or easements considered necessary in the opinion of the Director to accommodate the construction, installation and maintenance of the Works. For greater certainty, the Parties agree that the provisions of paragraphs 2.4 and 2.7 shall apply in respect of any such transfers of easements with all necessary changes to being considered to have been made to give effect to the intent of this paragraph 5.4(3). Each transfer of land shall be in fee simple absolute, and free and clear of all encumbrances and restrictions. It shall be prepared by the Owner in registerable form and be satisfactory to the Municipality's Solicitor. At the time of delivery of each transfer of land to the Municipality, the Owner shall pay to the Municipality in cash or by certified cheque an amount equal to any tax, fee or charges payable at the time of or in respect of the registration of such transfer against title to lands to which it applies. 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 �3 38 Subdivision Agreement Works has not commenced within two (2) years from the date of approval of the Engineering Drawings, the Engineering Drawings shall be resubmitted to the Director for his reconsideration and approval after any revisions required by the Director have been made to them (the "Reapproved Engineering Drawings"). From and after the approval by the Director of the Reapproved Engineering Drawings, they shall be deemed to be the Engineering' Drawings for the purpose of this Agreement, and thereafter all Works shall be constructed and installed in accordance with them. The Owner hereby irrevocably assigns to the Municipality without cost to the Municipality the right to use and to reproduce the Engineering Drawings and all reports that relate in whole or in part to the Works which have been prepared by or for the Owner in connection with the performance of the Owner's obligations under this Agreement. The Owner acknowledges that approval of the Engineering Drawings or reports by the Director shall not relieve the Owner from its obligation to satisfy all requirements of or made pursuant to this Agreement. (2) Prior to the issuance of any Authorization to Commence Works, the Owner shall provide the Director without cost to the Municipality with the Owner's Engineers(1) written acknowledgement that the Engineering Drawings and reports referred to in paragraph 5.5(1) may be used and/or reproduced by the Municipality without cost or prior approval or permission, (2)written permission for the Municipality's officers, employees, agents,contractors and suppliers to use the specifications,data, drawings, records and reports whether completed or in progress of completion in satisfaction of the Owner's obligations under the provisions of Schedule "I" of this Agreement without cost or prior approval or permission, and (3) written undertaking to deliver to the Director the original copy of the Engineering Drawings forthwith after being given written notice by the Director requiring the Owner's Engineer to do so, whether or not the Owner's Engineer's fees and disbursements in respect of any of them have been paid. Prior to each occasion on which a new Owner's Engineer is retained by the Owner and approval of the Director is sought, the Owner shall provide the Director with a similar written acknowledgement and written permission of the new Owner's Engineer, provided that if the new Owner's Engineer is to be retained by the Director on behalf of the Owner pursuant to paragraph 5.3(2), the Director shall obtain from the prospective Owner's Engineer the aforesaid written acknowledgement and permission. Forthwith after the Director gives the Owner's 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. 39 Subdivision Agreement 5.6 Approval of Grading and Drainage Plan Prior to the issuance of any Authorization to Commence Works, the Owner shall obtain the written approval of the Director of an -appropriate Plan showing thereon the existing drainage pattern on all lands adjacent to the Lands, and all proposed grading and drainage Works for the said Lands, and indicating the direction of all surface drainage, including water from adjacent land originally flowing through, into or over the said Lands to the municipal storm sewer system or any other outlet approved by the Director (the "Grading and Drainage Plan"). The written approval of the Director of the Grading and Drainage Plan shall be obtained prior to the commencement of construction or installation of any of the Works on the Lands. If construction of such Works is not commenced within two (2)years from the date of approval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be resubmitted to the Director for his reconsideration, and approval by the Director after any revisions required by the Director have been made to it, (the "Reapproved Grading and Drainage Plan"). From and after the approval by the Director of the Reapproved Grading and Drainage Plan, it shall be deemed to be the Grading and Drainage Plan for the purposes of this Agreement, and thereafter all Works shall be construct and installed in accordance with it. 5.7 Staging of Construction Prior to the commencement of construction and installation of any of the Works, the Director, in his discretion, may give written notice to the Owner requiring that the Owner prepare and submit to him a Works staging plan (the "Staging Plan". Forthwith, after the giving of such notice, the Owner shall prepare and submit to the Director of Public Works and the Director of Planning for their consideration and approval a draft Staging Plan. The Owner shall not proceed with the construction and installation of any Works until the Staging Plan has been approved by the Director of Public Works and the Director of Planning after any revisions required by them have been made to the draft Staging Plan. Thereafter, the Owner shall proceed to construct and install the Works only in accordance with such approved Staging Plan and any amendment which may be approved thereafter by the Director of Planning and the Director of Public Works. The Staging Plan for the purposes of this Agreement is the Plan contained in Schedule "G-1" 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. L6 40 Subdivision Agreement 5.8 Approval of Schedule of Works Prior to the issuance of any Authorization to Commence Work, the Owner shall obtain the written approval of the Director of a draft schedule (the "Schedule of Works") which sets out the time at which, and the sequence in which, the Owner proposes to construct and install each of the Works, Utilities and Services which are required to be constructed and install each of the Works, Utilities and Services which are required to be constructed and installed by it in accordance with this Agreement. Notwithstanding the foregoing provisions of this paragraph 5.8, in cases in which the constructed and installation of the Works is to be staged in accordance with the Staging Plan, prior to the date of issuance of the Authorization to Commence Works for each stage provided in the Staging Plan, the Owner shall obtain the written approval of the Director of a Schedule of Works for such stage, and thereafter shall proceed to construct and install the Works, Utilities and Services in such stage in compliance with the approved Schedule of Works, and any amendment(s) thereto which may be approved by the Director. 5.9 Approval of Works Cost Estimates and 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 Cost Estimates"), shall be submitted by the Owner to the Director for his consideration and if appropriate his approval. After approval, the Works Cost Estimate shall be entered for the Owner and the Municipality by the Director in Schedule "J" hereto whereupon it shall replace the content of Schedule "J" for all of the purposes of this Agreement. If a Staging Plan has been approved pursuant to paragraph 5.7, prior to the issuance of an Authorization to Commence Works in the stage the Owner agrees that the estimated costs of construction and installation of the Works for each stage in question, (the "Stage Cost Estimates"), shall be submitted by the Owner to the Director for his consideration and if appropriate his approval. After approval the Stage Cost Estimates shall be entered for the Owner and the Municipality by the Director in Schedule "J". 5.10 Requirements for Authorization to Commence Works (1) The Owner shall not commence the construction or installation of any of the Works without the written permission of the Municipality, (the"Authorization to Commence Works"). The Owner shall only commence the construction and installation of those 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 41 Subdivision Agreement ' Commence Works shall be issued for any of the Works for which the Authorization is sought until the following conditions have been satisfied: (a) the final Plan of Subdivision of the Lands has been approved by the Region pursuant to the Planning Act; (b) the final Plan of Subdivision of the Lands has been registered against the title to the Lands; (c) the Owner has delivered to the Municipality (1) a copy(s) of.this Agreement as registered against the title to the Lands;(2) a copy(s) of the registered Plan of Subdivision of the Lands; and (3) a copy(s) of the other Agreement(s) referred to in paragraph 2.3 of this Agreement; (d) the Owner has paid to the Municipality any monies required by paragraphs 3.1, 3.2, 3.3 and 3.4 of this Agreement; (e) the Owner has delivered the transfers of easements to the Municipality in accordance with paragraph 2.4 of this Agreement; (f) the Owner has delivered to the Municipality transfers of the lands and paid the required cash in accordance with paragraphs 2.5. 2.6 and 4.12(4) of this Agreement, and such transfers have been registered against the title to the appropriate portions of the Lands; (g) the Owner has delivered to the Municipality letters signed on behalf of the authority authorities or companies having jurisdiction with respect to the Utilities and Services that are referred to in Schedule "H" that satisfactory Agreements) have been entered into by the Owner with them for the design, construction, installation and services of the Utilities and Services as is required by paragraph 5.2 of this Agreement; (h) the Owner has retained the Owner's Engineer in compliance with paragraph 5.3(1), has provided the name, telefax number and address of the Owner's Engineer to the Director in writing, has provided the Director with the written acknowledgement and permission of the Owner's Engineer as required by paragraph 5.5(2), and has provided the Director with the Owner's Engineer's written undertaking that they or it will comply with the provisions of Schedule "I" of this Agreement; I I I I I 1 42 Subdivision Agreement (i) the Owner has been given the written approval of the Director of the Engineering Drawings as required by paragraph 5.5 of this Agreement; (j) the Owner has been given the written approvals of the Director of Planning and Development, Director of Public Works and Director of Community Services of the Tree Preservation Plan as required by paragraph 4.1 of this Agreement. (k) the Owner has received written approvals of the Director of Planning and the Director of Public Works of the Landscape Plan as required by paragraph 41 of this Agreement; (1) the Owner has received the written approval of the Director of the Grading and Drainage Plan required by paragraph 5.6 of this Agreement; (m) the Owner has received the written approvals of the Director of Public Works and the Director of Planning of the Staging Plan as provided in paragraph 5.7 of this Agreement; (n) the Owner has received the written approval of the Director of the Schedule of Works as required by paragraph 5.8 of this Agreement; (o) the Owner has received the written approval of the Director to the Works Cost Estimates or the Stage Cost Estimates as required by paragraph 5.9 of this Agreement; (p) the Owner has deposited with the Municipality of Performance Guarantee required by paragraph 3.6 and other provisions of this Agreement and has made all cash payments to and deposited all letters of credit with the Municipality as required by this Agreement; (q) the Owner has deposited with the Municipality's Treasurer all policies of insurance or proof thereof required by and in accordance with paragraph 3.9 and Schedule "K" of this Agreement; (r) the Owner has paid all costs required to be paid to the Municipality by paragraph 3.14 of this Agreement on or prior to the date of issuance of the Authorization to Commence Works; D 43 Subdivision Agreement (s) the Owner has deposited with the Director written approval of all relevant approving agencies including the Ministry of the Environment, the Ministry of Natural Resources, the Region and the Central Lake Conservation Authority with respect to the.Works; (t). the Owner has deposited with the Director its written undertaking to provide the Director without cost with a copy of the contract documents, names and addresses of all contractors, sub-contractors and suppliers of services and materials, and copies of all sub-contracts and supply contracts relating to the construction and installation of the Works for which the application for Authorization to Commence Works is made, forthwith after written notice is given by the Director to the Owner to provide any or all of the aforesaid material; and (u) the Owner has been given the written approvals of the Director of Planning and Development, Director of Public Works and Director of Community Services as required by paragraph 4.12 of this Agreement. 2 Notwithstanding the provisions of paragraph 5.10 1 the Owner may commence the ( ) g P ( )� Y construction and installation of the Works with the written approval of the Director prior to the registration of the Plan of Subdivision referred to in paragraph 5.10(1)(b), provided that the requirements of clauses 5.10(1)(d), (g), (h), (i), 6), (k), (1), (m), (n), (o), (p), (q), (r), (s) and (t) have been satisfied by the Owner and the lands and easements considered by the Director to be necessary to accommodate the Works and all components thereof have been transferred to the Municipality. In such a case, however, a Certificate of Completion of the Works, shall not be issued by the Director until a Plan of Subdivision of the Lands has been registered against the title to tie Lands and all the other requirements of this Agreement respecting the issuance of a Certificate of Completion have been satisfied. Notwithstanding the approval of the Director under this paragraph 5.10(2), the Owner agrees with the Municipality that the construction or installation of any of the Works pursuant to paragraph 5.10(1), if undertaken, shall be undertaken at the sole risk of the Owner and the Owner hereby waives any right that he might otherwise have as a result of its construction and installation of any of the Works. qq 44 Subdivision Agreement 5.11 Requirements for Commencement of Subsequent Stages 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 contact that may be made by the Owner with any contractor to construct or install any of the Works shall provide that employees or representatives of the Municipality may, at any time, inspect the work of such contractor and shall require the contractor to comply with stop work orders 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 Owner's Engineer to that effect if in the Director's opinion either (1) the Works are not being undertaken such that a completed construction and installation of all the Works satisfactory to the Municipality in accordance with this Agreement will result, or (2) the Performance Guarantee and the Society for the Maintenance Guarantee required to be provided pursuant to this Agreement in respect of the Works has not been deposited or is not maintained in good standing. The Owner shall comply with the stop work order forthwith after it is given by the Director in accordance with this paragraph 5.12 by requiring the Owner's contractor and sub-contractors who are constructing and installing the Works or components thereof in question and are referenced in the order to comply with it forthwith. A stop work order may be given to the Owner by giving to its Owner's Engineer by personal service on the Owner's Engineer or any representative of the Owner's Engineer, by prepaid first class post addressed to the Owner's Engineer, or by telefax to the Owner's Engineer at the address and telefax number referred to in paragraph 5.3(1) or 5.3(2), whichever is applicable. 5.13 Construction in Accordance with Engineering Drawings (1) The Works shall be constructed and installed in accordance with the Engineering Drawings as approved by the Director. No deviation from the Engineering Drawings is permitted unless such deviation is authorized in writing by the Director before it is undertaken. All construction and installation of the Works, shall be undertaken and carried out by the Owner or by the Owner's contractor, as the case may be, in accordance with the regulations for construction set out in Schedule "L". �v 45 Subdivision Agreement (2) The Owner shall keep the Municipality road surfaces and ditches clean of dirt, mud and refuse until a Certificate of Acceptance of all Works contemplated in this Agreement has been issued as provided for by this Agreement. If the Owner has not performed its obligations under this paragraph 5.13(2), the Municipality may do so and deduct the reasonable cost thereof from the Performance Guarantee. The Owner shall restore the Performance Guarantee to the amount otherwise required by this Agreement, forthwith after the Director gives the Owner written notice of the amount of the deduction in question. 5.14 Sequence of Construction of Works Following the issuance of an Authorization to Commence Works, the Owner shall proceed in good faith to construct and install all of the Works referred to in the Authorization to Commence Works continuously and in accordance with the tuning and sequence therefor set out in the Schedule of Works. 5.15 Completion Time for Construction of Works Within two (2) years of the date of the issuance of an Authorization to Commence Works, the Owner shall complete the construction and installation of all of the Works authorized in such Authorization to Commence Works with the exception of the curbs, sidewalks, final coat of asphalt, final lot grading, driveway approaches, sodding and tree planting which may be completed later if done so in accordance with the provisions of the Schedule of Works. 5.16 Additional Work Until the conclusion of Maintenance Guarantee Period referable thereto, if in the opinion of the Director, any incidental additional work is required to provide for the adequate operation, functioning and maintenance of any of the Works, the Owner, at its cost, shall construct and install such additional facilities and perform such additional work as the Director may request from time to time by written notice given to the Owner. 5.17 Incomplete or Faulty Works and Liens (1) Without derogating from the other provisions of this Agreement, if, in the opinion of the Director, (1) the Owner is not constructing and installing or causing to be constructed or installed any of the Works required by this Agreement so that it or 51 46 Subdivision Agreement 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, 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(s) in the Works, and any failure to complete the Works and all components thereof in accordance with this Agreement may be corrected, remedied or completed by the Municipality its contractors, suppliers and employees at the cost of the Owner without prior notice to the Owner, provided that forthwith after the Municipality so acts, the Director shall give written notice to the Owner of his determination as aforesaid, describing the action taken by the Director, and the cost of correcting or remedying the deficiency or default in question or the cost of completing the Works and the components thereof, as the case may be. For the purposes of this paragraph 5.17(1) the cost of any work which the Municipality undertakes under this paragraph 5.17(1) shall be determined by the Director in his absolute discretion. It is understood and agreed by the Parties that the costs for which the Owner is responsible under this paragraph 5.17(1) shall include a management fee payable to the Municipality either of thirty(30%) percent of the contractor's charges to the Municipality (including any charges for overhead and profit) or, if such work is undertaken by the Municipality, thirty (30%) percent of all costs incurred by the Municipality to correct or remedy S� Y 1 , 47 Subdivision Agreement the deficiencies or defect or to complete the Works and all components thereof as the case may be. The Owner shall pay the Municipality an amount equal to the cost of all Works and components thereof, and the cost of correcting or remedying all deficiencies and defects referred to in this paragraph 5.17(1) which have been incurred by the Municipality or are estimated in the Director's absolute discretion to be likely to be incurred by the Municipality forthwith after the Director gives the Owner written demand for payment of such cost. If the amount,paid is based on the Director's estimate as aforesaid, forthwith after actual costs are more than the estimated costs, the Owner shall forthwith pay the Municipality an amount equal to. the difference between them. If the actual costs are less than the estimated costs, the Municipality shall forthwith refund the difference between them to the Owner. (2) In the event that (1) a claim for a lien in respect of the Works or any component thereof is registered against the title to any land vested or which should have been vested in the Municipality or is filed with the Municipality, or (2) the Municipality receives written notice of a claim of an alleged beneficiary of a statutory trust under the Construction Lien Act, such registration, filing or notice shall constitute a default in performance by the Owner in writing of such default. If the Owner fails to discharge the lien or claim as the case may be within ten (10) business days, excluding Saturdays, Sundays and statutory holidays, after the giving of such notice plus any further period of time as may be specified in the notice, then the Municipality in its absolute discretion either may pay the full amount of the claim and costs into a Court of competent jurisdiction, or may discharge the claim by paying the same. The Municipality may draw on and appropriate the whole or any portion(s) of the Performance Guarantee and the Security for the Maintenance Guarantee for the purpose of making payment under this paragraph 5.17(2). The Owner shall indemnify the Municipality against the costs and expense incurred by the Municipality-,in making payment pursuant to this paragraph 5.17(2) forthwith after the Director gives the Owner written notice requiring him to do so. In the event that the Municipality draws on and appropriates any portion of the Performance Guarantee or the Security for the Maintenance Guarantee for any of the aforesaid purposes, forthwith after the Director gives written notice to the Owner requiring it to do so, the Owner shall reinstate the Performance Guarantee and/or the Security for the Maintenance Guarantee, as the case may be, to the full amount(s) required under the provisions of this Agreement. 53 48 Subdivision Agreement 5.18 Acknowledgment Respecting Emergency etc. Repairs The Owner acknowledges that if in cases of emergency or urgency or in order to protect the integrity of the Works or any component thereof; the Director acts to correct, remedy or repair any deficiency(s) or defect(s) in the Works, neither an entry on the Lands or any portion of them nor any such action by the Director or any person authorized to undertake the same by the Director shall be deemed to be an acceptance of any of the Works by the Municipality, nor an assumption by the Municipality of any responsibility or liability in connection therewith, or a release by the Municipality of the Owner from any of its obligations under this Agreement. 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 provided that all such repairs and or relocation(s) are completed to the satisfaction of the Director, the Region and the relevant utility authority or company which owns or is responsible for the Works, property or services in question. In addition, the Owner agrees with the Municipality, at the Owner's cost, to relocate any of the Works constructed or installed pursuant to this Agreement which are located in driveways or so close thereto as in the opinion of the Director will interfere with the use of the driveway in question, forthwith after being given written notice by the Director requiring the Owner to undertake such relocation. 5.20 Damage to Neighbouring Wells (Rural Applications Only) (1) Prior to the commencement of and during the period of construction or installation of the Works, the Owner shall cause to be carried out, at its expense, the ground water monitoring program which has been approved by the Director pursuant to this paragraph 5.20(1), (the "Monitoring Program"). The Monitoring Program shall be prepared in draft form by a qualified hydrogeologist(the"Hydrogeologist")who shall be retained by the Owner, at the Owner's expense, after the Hydrogeologist is first approved by the Director. The Draft Monitoring Program shall be submitted to � 1 49 Subdivision Agreement the Director for his consideration and approval. After the Monitoring Program has been approved, it shall be implemented by the Hydrogeologist. The Monitoring Program shall describe the number and location of the piezometric observation wells which are to be installed by the Owner, and the frequency, method of observation, method of collection and recording of data and the tuning, form and addresses of the report of the Hydrogeologist's analyses and findings to the Municipality, as well as such other matters as the Director considers to be appropriate. After the draft Monitoring Program has been approved by the Director with or without such modification(s) as he may consider appropriate, it is the Monitoring Program for the purposes of this Agreement. (2) For the duration of the Monitoring Program, the Owner,.as its cost, shall cause the Hydrogeologist to provide the Director with a copy of all reports prepared by him in connection with or in implementation of the Monitoring Program forthwith after they are prepared. For the duration of the Monitoring Program, the Owner also shall cause the Hydrogeologist to make available to the Director, at no cost to the Municipality, forthwith after a written request therefore is given to the Hydrogeologist by the Director, a copy of all data collected and all analyses made in connection with or implementation of the Monitoring Program. Forthwith following the completion of the Monitoring Program, the Owner shall cause the Hydrogeologist to provide to the Director, at no cost to the Municipality, a copy of all data collected and all analyses 'and reports made by the Hydrogeologist in connection with or in implementation of the Monitoring Program which previously have not been provided to the Director pursuant to this paragraph 5.20(2), together with a certificate of the Hydrogeologist, in a form satisfactory to the Municipality Solicitor that all the data, analyses and reports required to be provided to the Director by this paragraph 5.20(2), have been provided to hum. In addition to the foregoing, the Owner shall cause the Hydrogeologist to prepare separate reports, to the satisfaction of the Director for each and every occurrence of apparent well interference caused by construction activity within the Lands and reported to the Municipality, and to deliver the same to the Director, at no cost to the Municipality, forthwith after each of them is completed. (3) If an Appropriate Authority determines that the well or private water supply of any person(s) outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works: 50 Subdivision Agreement (a) where the interference to a well or private water supply is of short term duration (i.e. during the course of dewatering and excavation and within one (1) month of completion of dewatering), in the opinion of an Appropriate Authority, the Owner shall make available to the affected party(s), a temporary supply of water at no cost to the affected party(s); or (b) where in the opinion of an Appropriate Authority the interference to a well or private water supply is of a long term duration, at the option of the Owner and at its cost, the Owner either (1) with the Region's approval shall connect the affected party's property to the Region's water supply system, or (2) the Owner shall provide a new well or private water system for such affected party(s) so that water supplied to the affected party's property shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party(s) prior to the interference, as may be required by the Appropriate Authority by written notice given to the Owner. (4) Without derogating from the other provisions of this paragraph 5.20, if the Director gives written notice to the Owner that he has reason to believe that the well or private water supply of any person(s) outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works, forthwith after such notice is given, the Owner shall cause the quantity of potable water considered to be appropriate by the Director to be supplied to the affected person(s) free of charge either until such time as the Municipality Council, after considering a report thereon from the Director or an Appropriate Authority decides that the well or private water supply in question has not been interfered with or dewatered as a result of the construction or installation of the Works, or until such time as the Owner performs its obligations under paragraph 5.20(3), as the case may be. 5.21 Use of Works by Municipality The Owner acknowledges and agrees that any of the Works my be used by the Municipality and such other person(s) who is (are) authorized by the Municipality for any of the purposes for which the Works are designed, without interference by the Owner, and without the payment of any fee or compensation to the Owner, and for such purposes the Municipality and other person(s) authorized by the Municipality may enter upon the portion(s) of the Lands on which the Works are located. 51 Subdivision Agreement 5.22 Maintenance of Roads after Completion (1) In addition to any other requirement of this Agreement that the Owner maintain the Works, if any building(s) on the Land is occupied, the Owner, at the Owner's cost, shall maintain each road(s),which is required to be constructed and provides access to such building(s), until a Certificate of Acceptance has been issued for such road(s), and without limiting the generality of the foregoing, the Owner shall: (a) maintain the road(s) at all tunes 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 Norks, Utilities and Services pursuant to this Agreement, provide and maintain safe and adequate access to all occupied buildings; and (c) erect a sign to the satisfaction of the Director to indicate that the road(s) are "unassumed road(s)" which the Municipality is not required by law to repair and maintain. (2) The Municipality agrees to snowplough and sand all paved road(s) shown on the registered Plan of Subdivision of the Lands, for and on behalf of the Owner until the Certificate of Completion of the Final works has been issued, provided that until the date of issuance of the aforesaid Certificate of Completion, the Owner shall pay to the Municipality one hundred (100%) percent of the costs of snowploughing and sanding such road(s), as determined by the Director, from time to time, and forthwith after being given written notice of such costs by the Director. (3) The Owner acknowledges and agrees that the undertaking or provision of repairs or maintenance by the Municipality under paragraphs 5.18, 5.19 or 5.22(2) in respect of road(s), is not intended nor shall it in any way constitute or be taken to constitute the approval or assumption by the Municipality of the road(s) in question. The road(s) shall not be deemed to have been assumed until both a Certificate of Acceptance has been issued, and a By-law has been passed by Municipality Council dedicating the road(s) as public highway(s) and assuming it for the purpose of liability to repair and maintain it as provided by the Municipal Act, and such By-law has been registered in the Land Registry Office. 5� 52 Subdivision Agreement 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 Acceptance The Owner acknowledges and agrees that none of the Works covered by a Certificate of Completion shall be accepted, nor deemed to be accepted for the purpose of this Agreement until the Director has provided the Owner with written certificate that the Works in question have been accepted ("the Certificate of Acceptance"). If the requirements of this Agreement respecting the issuance of a Certificate of Acceptance of the Initial Works, the Stormwater Management system and/or the Street Lighting System have been satisfied, and without limiting the generality of the foregoing, if the Director is of the opinion that the Works in question have been maintained in compliance with paragraph 3.10 and all deficiencies and defects in such Works have been remedied and corrected by the Owner on behalf of the Municipality, the Director shall provide the Owner with a Certificate of Acceptance of the relevant Works. If the requirements of this Agreement respecting the issuance of a Certificate of Acceptance of the Final Works have been satisfied, and w, ithout 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. Sg 53 Subdivision Agreement 5.25 Ownership of Works by Municipality For greater certainty, the Owner acknowledges and agrees that the Municipality is the Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall have no right or claim thereto, other than as an owner of land abutting a highway in which such Works are installed. 5.26 Requirements for Certificate of Release Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this paragraph 5.26, and the Works located thereon have been constructed, installed and accepted by the issuance of a Certificate of Acceptance, the Municipality shall provide the Owner with a written release (the "Certificate of Release") respecting the Lands, for which a Plan of Subdivision has been registered. The Certificate of Release shall be in a form suitable for registration or deposit in the proper Land Registry Office. In addition to the Owner satisfying the other requirements of this Agreement respecting the issuance of a Certificate of Release, the Certificate of Release shall not be issued until: (a) a Certificate(s) of Acceptance has been issued for all the Works; (b) a registered Ontario Land Surveyor, acceptable to the Director and retained by the Owner at the Owner's expense has provided the Municipality with written confirmation that at a date not earlier than the date of issuance of the Certificate of Completion of the Final Works, he has found, placed or replaced all standard iron bars shown on the registered final Plan of Subdivision of the lands and has found, placed or replaced all survey monuments at all block corners, the end of all curves, other than corner roundings, and all points of change in direction or road(s) on such Plan; and (c) 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 Lands or the portion thereof which are described therein of the obligations of the Owner under this Agreement with the exception of (1) the Owner's obligation respecting drainage as provided in this Agreement; and(2) the Owner's covenant to comply with the requirements of this Agreement in respect of applications for building permits for dwellings on the Lands. 54 Subdivision Agreement 5.27 Not Used 5.28 Cost of Works Referred to in Schedule "G" The Owner acknowledges and agrees that it will pay the total cost of the Works referred to in Schedule V' hereto. The Owner will not seek any credit or rebate for or of any part of the total cost of the Works by reason of any of them being oversized to accommodate drainage or traffic from lands outside the limits of the Lands, whether from or in respect of a development charge imposed by the Development Charge By-law, or in any other manner, or for any other reason. ARTICLE 6 - COMPLIANCE WITH REGULATIONS In exercising its rights and in performing its covenants under this Agreement, the Owner shall comply with all regulations and laws of general application and all by-laws of the Municipality and the Region. Without limiting the generality of the foregoing, at all tunes the Owner shall comply and cause all contractors, sub-contractors and suppliers of materials and services in connection with the construction, installation and maintenance of the Works to comply with the provisions of the Occupational Health and Safety Act, and the Workers' Compensation Act. ARTICLE 7 - RESPONSIBILITY OF SUBSEQUENT OWNERS After the issuance of the Certificate of Release, the Owner, its successors and assigns as the owner of each lot(s) or block(s) on the final Plan of Subdivision registered against the title to the Lands shall have the sole responsibility for the following which shall be performed or undertaken at its cost: (a) the provision and maintenance of adequate drainage of surface waters from such lot(s) or block(s)in accordance with the approved Grading and Drainage Plan referred to in paragraph 5.6 herein of this Agreement; (b) compliance with the provisions of paragraph 4.6 "Requirements for Building Permits" of this Agreement if, at the date of issuance of the Certificate of Release, a building permit has not been issued for the lot(s) or block(s) in question; and �PV 55 Subdivision Agreement (c) the maintenance of fencing required by Schedule "G" and paragraph 4.2. ARTICLE 8 - TIME OF ESSENCE Time is of the essence of this Agreement. ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT The Owner acknowledges and agrees that the Municipality has authority to enter into this Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this Agreement is made by the Municipality in reliance on the acknowledgement and agreement of the owner as aforesaid. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND } THE CORPORATION OF THE } MUNICIPALITY OF CLARINGTON DELIVERED } } } } Mayor In the presence of: } } } } Cle } } } KALEE INVESTMENTS LIMITED } } } Sec ,¢S } Name• Title: } } } } Name: Title: } 56 SCHEDULE "A" THIS SCHEDULE IS SCHEDULE"A"to the Agreement which has been authorized and approved by By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March, 1995. LEGAL DESCRIPTION OF LANDS ALL AND SINGULAR that certain parcel of land and premises situated, lying and being, in the Municipality of Clarington,in the Regional Municipality of Durham, being comprised of that Part of Lot 19, Concession 8, of the geographic Township of Darlington designated as Part 1 on plan of survey deposited in the Land Registry Office for the Land Titles UVRt+�m Division of 4mveastl (No. 40) as Plan 1OR-3789, now being Parcel 19-3, Con. 8 (Darlington) Clarington. 57 SCHEDULE "B" THIS SCHEDULE IS SCHEDULE "B"to the Agreement which has been authorized and approved by By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March, 1995. PLAN OF SUBDIVISION (Insert reduction of Plan 18T-89030) 63 ss Schedule "B" -2- (Insert reduction of the 40M Plan) 18T-89030 PLAN 4OM- MY NAM COUP"=ALL ai "loa+►-a.NT.'lor COIL s i Cam"Awi 1101 NAM 4w- Fm L" oM INO NN M{O9 lllla WOO *L �•+ I J !! •T—O -OM 1ML_NN IR O fl4_I f/_MO IN N 11[II�OIpY 10f AM lfq,wFO KA 00 rO M --1t IIEIC61E1m K NAM OOd�f Mw � f ! wsr. Aa ! IW216 OF PLAN OF PART SLOT 1BD CONCESSION S. _ _ _ _ �""•"r'"' TOWNSHIP OF DARUNCTON, new In the wwr MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPAUTY OF DURHAM MWM!COOW u/..OA.A-/NM 11 12 ,t 20 arwu- s f �a ,•, /�wr'f ./1T.i'iC[ A4 1l MraTi?f ~ �� C-) • �f\ wYe !!! SURVEYOR'S CERi1FIME 1 4(a IONRr rt: e Q 13 &• 't'0 19 � ,.ew rrlr rn nrl alr msr re r.mNwn wr %" rxef u�.lo.°sf•,e M wo nns.w Mr x NM,Illnle s d a Y r 1 M aver r er.,[,s w M tlr.r r .IM.. ' Mrr c ,1•ao Q- x+mKMrc oAO InrKYf - rwo Is 2 NOTES ! LEGEND 14 19 0 6ee,n al•°v,ew•on Ie•o b sao swwr,eM•we nnM,w Mrr.ravf c; r maw wren wMl r PwR17L IY - J (V 3[CIKw cm a (AARUNG1Cw) /C1,L:AS71! ' V a oolwN a w s 17 ,wr � • � e H ry«q aew,w err.m.w uo.au . p{r, •s P,•K NMm Ma wer.e1.a 1s A >� ` — �Oy nwO NWIY V.11mM,r 41 1 l Q COURT $ ,•s I £ KAR9A0 REFERENCE =:•J'• 7 - f •(�lE M, wr F- •��i' "''e f 2 7 $ OYYNER'S CERTIFICATE Oast 1i%7ta'M. • _i 'y�s �iL a mr=wlwwe=V�r S ♦ } ` ... k KALE[ INVESTMENTS LTD. IE rx }9D PAAQZ 16-1 I Id c:• t;•1 w�Mrs wow N 1e••.r w.w.,•er uo.:wa '-p, I w..Ai I �� :4• sr.rKw ,e r _ >•e6 ,.; :•or,n>reel ws loss.w'r��wri • MIO,Ar e1p,w M�qY r L - TA TAKf C , au• auN w«orr ►n� a.w wnrarr ,ur i.wf Mrwn BROWN # COG"N LTD. ' ,:•: nraMea ee.r r M N.•.s. OItT r D owd"SMUT�I" lend w ww w ow,a,s w!rvr Tam"WK(NDW>-n81 IEDNC pOO)•ta-77N1 n 61,e.e w as+ � YJ YL bM1 11•Iwy . �S 60 SCHEDULE "D" THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been authorized and approved by By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March, 1995. SCHEDULE OF PAYMENTS OF DEVELOPMENT CHARGES Subject to paragraph 3.4(1) of this Agreement the Owner shall make the following payments on account of Development Charges to the Municipality in respect of the development of the Lands consisting of 20 single family dwellings; (collectively referred to ag the "Total Dwellings") on the occasions set out below. Subject to the adjustments referred to in paragraph 3.4(1) of this Agreement the aggregate amount so payable is $102,620.00 dollars payable as follows: (a) Twenty-five (25%v) percent of the aforesaid aggregate amount being $25,655.00 dollars on the filing of an application for a building permit for the first (1st) dwelling proposed to be constructed on the Lands (the "First Application"), provided that if the number of building permits for which applications are made in the first (1st) year following the making of the First Application exceeds twenty-five (25%) percent of the Total Dwellings, the Owner shall pay with each application for a building permit for each additional dwelling a further amount equal to the amount of the Development Charge imposed by the Development Charge By-law for the additional dwelling or dwellings in question (the "First Excess Payment")- (b) Twenty-five (25%v) percent of the aforesaid aggregate amount being $25,655.00 dollars less an amount equal to the First Excess Payment, if any, on the first (1st) anniversary of the First Application, provided that if the number of building permits for which applications are made in the first (1st) year following the making of the First Application exceeds fifty (50 %) percent of the Total Dwellings, the Owner shall pay with each application for a building permit for each additional dwelling a further amount equal to the amount of the Development Charge imposed by the Development Charge By- law for the additional dwelling or dwellings in question (the "Second Excess Payment"). (c) Twenty-five (25%) percent of the aforesaid aggregate amount being $25,655.00 dollars less an amount equal to the aggregate of the First Excess Payment and the Second Excess Payment, if any, on the second (2nd) anniversary of the First Application, provided that if the number of building permits for which applications are made in the second (2) year following the dwelling or dwellings in question (tile "First l;xcess Payment"). I • I 4 • I (b) Twenty-five (25%) percent of the aforesaid aggregate amount being $25,655.00 dollars less an amount equal to the First Excess Payment, if any, on the first (1st) anniversary of the First Application, provided that if the number of building permits for which applications are made in the first (1st) year following the making of the First Application exceeds fifty (50 %) percent of the Total Dwellings, the Owner shall pay with each application for a building permit for each additional dwelling a further amount equal to the amount of the Development Charge imposed by the Development Charge By- law for the additional dwelling or dwellings in question (the "Second Excess Payment"). (c) Twenty-five (25%) percent of the aforesaid agffreaate amount beine 59 SCHEDULE "C" THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and approved by By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March, 1995. CHARGES AGAINST LANDS (1) Municipal Taxes - To be paid upon execution. (2) Local Improvement Charges - To be paid upon execution. (3) Drainage Charges - To be paid upon execution. �P 61 Schedule "D" -2- making of the First Application exceeds seventy-five (75%) percent of the Total Dwellings, the Owner shall pay with each application for a building permit for each additional dwelling a further additional amount equal to the amount of the development charge imposed by the Development Charge By- law for the additional dwelling or dwellings in question (the "Third Excess Payment"). (d) Twenty-five (25%) percent of the aforesaid aggregate amount being $25,655.00 dollars less an amount equal to the aggregate of the First Excess Payment, the Second Excess Payment, and the Third Excess Payment, if any, on the third (3rd) anniversary of the First Application. 62 SCHEDULE "E" THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized and approved By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March , 1995. (1) On the execution of this Agreement, the Owner shall deliver to the Municipality transfers of the following easements: Part 1 on Plan 40R- between lots 6 and 5: Storm Drainage Easement (2) Easements for the rear yard catch-basins and storm sewers shall be perpetual in duration. (3) Without derogating from the other provisions of this Agreement, the Owner shall transfer or cause to be transferred to the Municipality easements to accommodate any work provided for in the approved Engineering Drawings or the reapproved Engineering Drawings in lands located beyond the limits of the Lands as may be required by and to the satisfaction of the Director by notice given in writing to the Owner. The Director shall determine the duration and terms of any such easements. The transfers shall be prepared by the Owner as its cost, shall be free and clear of all encumbrances and restrictions, shall contain other provisions satisfactory to the Municipality's solicitor, shall be made for a nominal consideration, and shall be in registrable form. Paragraphs 2.4 and 2.6 shall apply in respect of transfers with all necessary changes to them being considered to have been made to give effect to the intent of this paragraph (3). (4) The Owner shall transfer or cause to be transferred to the Municipality any easements for the disposal of storm water from the said Lands which are required by the Director which are external to the said Lands at no expense to the Municipality The easements shall be transferred to the Municipality forthwith after the Director gives the Owner written notice of his requirements and the reasons therefore. Paragraphs 2.4 and 2.5 of this Agreement shall apply with all necessary changes to them being considered to have been made to give effect to the extent of this provision. RrONMN;llss KAN TOrs00!'OMTC UNM TIM LAW TITLUWT. PLAN AOR- R1CrfVrD AIO �� DATE arTT fNMMTLMr OLfNT1f MIrMMIwRR/Q11si IIAMf IM PMNT `.Ik 7M1 PART 1-MAT W P'ARCri KAN-1 0=044=- amimme ( ) PLAN OF SURVEY OF PART OF LOT 5 , PLAN 4OM- ,� TOWNSHIP OF DARLINGTON now in ft ���'T�•F MUNICIPALITY OF CLAAINGTON 'sY REGIONAL MUNICFALITY OF DURBAN LAICAL[ - I 1 rOO ICJ ,•.• * 'rte '+'" -a s SURVEYOR'S CERTIFICATE 1 CsRrIL^f THAT ib 1. THIf sLOM M0 PLAN AN CONNOCT AC M A00011MM0[11TH TIt r1IN11111r ACT AND THS LAND T"LM ACT A"M RM{AATNM■AOr 7 - PL A N OM L TM ruRVaT f .oorLrTo an Tf LOT .`'i �_ D.n dfT71R10 LAIe rAr11l1� PARCEL FL t:' - S£CT:OR 40,V - C� �• ''° ; :%4R;n'/�"�W !rt^R�'1'v J::' _ 1 BEARING REFERENCE SARIMN ArTRONMIC'VdfO't 01 ANN Or FILM O WT 0►MDT r, /I MUNOCIPALITT OF dJMMIMTCN.N3810NAL 1 1 UMON"ALM O/SUNU . 1L�11 L.111.N1 •rD-• •• — NOTES A LEGEND • aff"Tu Lf� ON ITATI 1"OMC 0 wjWr2s 1oNIUMMrM PLAITM sla oug"s fTAN0Al10 IRON PAR C� M. W. OWN/AR T 1 /1T. a[MOTLS 1flMiM '.. a)os) Ds1loTts a a sros!N.au. C 0414) 04NOT" Me=•COMAN LTD..01.a of n nl t Inns _ -�s?6 I L_r-HIV E% 1 ✓1�1 I . l �CAN K CCO 11rTrM SHOWN TO RXT K OfMV�M�IN 0.10°. CAUTON 1 THIS PLAN 18 Morn A PLAN OF SUISOMO M WITHIN THE MEANING OF THE PLMMUMIS ANY. BROMM a COGGAN L r0. ONTARIO LAND BUIIVZ'0R8 - � 1 olvlswu mHCCT,twit 'o' 1or1N on"=.owral q 623-7281 uc as a wm rr 1 1.s.1 wAL.r, 1 roo �H.r m., IsNON 63 SCHEDULE "F' THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been authorized and approved by By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March , 1995. LANDS_TO BE TRANSFERRED TO MUNICIPALITY AND / OR CASH TO BE PAID IN LIEU THEREOF (1) Dedication of Lands The Owner shall deliver to the Municipality in a form satisfactory to the Municipality, transfers in fee simple absolute the following land shown on the 40M Plan: Blocks 21 and 22: Road Widening Purpose (2) Cash in Lieu of Lands for Park or Other Public Recreational Purposes On the execution of this Agreement, the Owner shall pay to the Municipality, as cash in lieu of the dedication by the Owner to the Municipality of lands for park or other public recreational purposes, the amount of five (5%) percent of the market value of the Lands which the Owner and the Municipality hereby acknowledge and agree to be properly calculated at the rate of (5%) percent applied against the sum of $200,000.00 dollars. The aforesaid sum is $10,000.00. i 64 SCHEDULE "G" THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized and approved by By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March . 1995. WORKS REQUIRED The Owner shall construct, install, supervise and maintain the following Works, including all connections, alternations, adjustments and transitions required to suit existing systems or lands in accordance with the Municipality's Design Criteria and Standard Drawings, and the Engineering Drawings, all to the approval of the Director: (1)(a) A storm sewer system for the removal of upstream storm water and storm water originating within the said Lands, including storm sewer mains and connections, manholes, service connections, catch-basins and rear yard catch-basins and leads, open channels, storm outfalls and structures and any other appurtenances and oversizing as may be required (the "Storm Sewer System"). (b) A stormwater management system consistent with the "Master Drainage Plan", complete with overland flow routes, detention and retention facilities, quality control devices, outlets, erosion and sedimentation control measures and any other necessary facilitates as required (the "Stormwater Management System"). (c) A road system which accommodates the servicing of the Lands, providing for all vehicular and pedestrian traffic and access to all lots and blocks within the Lands, including the removal or installation of turning circles, and the Works required within the road, including suitable subgrade, subbase and base granular materials, subdrains, base and top stage curbs and gutters, base and surface asphalt, traffic control and street name signs and sidewalks and all streetscape components including street trees, boulevard topsoil and sodding, street lighting, gravel driveway aprons, and where sidewalks exist, gravel driveway aprons with paved surfaces between curb and sidewalk (the "Road System"). (d) A street lighting system which provides illumination of roads and walkways to serve the said Lands including all connections, energy and maintenance costs, appurtenant apparatus and equipment, in the locations as approved by the Director (the "Street Lighting System"). 65 Schedule "G" -2- (e) Related Works including grading, landscaping, fencing, noise attenuation measures, walkways (including lighting) and other miscellaneous Works shown on the Engineering Drawings and Grading and Drainage Plan (the "Related Works") PHASING OF THE WORKS The Works shall be divided into the following stages, unless approved by the Di►ecicr (2) INITIAL WORKS - Storm Sewer System including all appurtenances; - initial roadworks including subgrade, subbase and base granular materials, subdrains, base curbs, base asphalt, traffic control and street name signs of the Road System; grading; and - noise attenuation fencing (collectively called the "Initial Works"). (3) STORMWATER MANAGEMENT SYSTEM (4) STREET LIGHTING SYSTEM (5) FINAL WORKS final roadworks including top curbs and gutters, surface asphalt, sidewalks, street trees, boulevard topsoil and sodding and driveway aprons of the Road System; and landscaping works, fencing, walkways and any remaining works not outlined in paragraphs (2), (3) and (4) of Schedule "G". ?3 66 SCHEDULE "H" THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been authorized and approved by By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March . 1995. UTILITIES AND SERVICES REQUIRED 1. ELECTRICAL SUPPLY SYSTEM The Owner shall arrange with the appropriate authority having jurisdiction for the design, provision and installation of an electrical supply system to serve the Lands, in the locations as approved by the Director. All electrical services are to be installed underground. The Owner shall also make any necessary arrangements with any T.V. Cable Company in order that the installation of any such system shall take place so far as possible contemporaneously with the installation of other services so as to cause minimum disruption of municipal services. 2. TELEPHONE SYSTEM The Owner shall arrange with Community Telephone Limited and/or Bell Canada for the design, provision and installation of a telephone system to serve the said Lands, as approved by the Director. All telephone services are to be installed underground. 3. GAS SUPPLY SYSTEM The Owner shall arrange with an appropriate gas company for the design, provision and installation of a complete gas supply system to serve the said Lands, including gas mains, and all appurtenant manholes, laterals, service connections, apparatus and equipment in the locations as approved by the Director. 4. CABLE TELEVISION The Owner shall arrange with the Cable Television Company having authority to provide its services within the area of the Plan of Subdivision for the design, provision -7q 67 Schedule "H" _2_ and installation of a complete cable television distribution system to serve the said Lands. All cable television services are to be installed underground. 5. MAIL DISTRIBUTION SYSTEM The Owner shall arrange with Canada Post for the provision and installation of a mail distribution system to service the said Lands; in the location as approved by the Director. 7S 68 SCHEDULE "I" THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been authorized and approved by By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March , 1995. DUTIES OF OWNER'S ENGINEER 1. DESIGN WORKS AND PRIVATE WORKS In addition to the other requirement of this Agreement, the Owner's Engineer shall prepare all drawings, plans, studies, reports, estimates, calculations and documentation for the consideration and approval of the Director, which include: (a) the Engineering Drawings and other related Drawings; (b) the Grading Plans, Drainage Plans, Landscaping Plans, Staging Plans, Utility Composite Plans, Master Drainage Plans, Erosion and Sedimentation Control Plans, Tree Preservation Plans, and other related Plans; (c) Traffic Reports, Soils Reports, Geotechnical Reports, Stormwater Management Reports, Stormwater Implementation Reports and other related Reports; (d) Schedules of Work; (e) the Works Cost Estimates or Stage Cost Estimate; and (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's Engineer of the responsibility and liability for any errors or omissions in the above drawings, plans, reports, stages or documentation or from liability for any damage or loss caused or resulting directly or indirectly by the Owner's Engineer. 69 Schedule "I" -2- 2. REPRESENT OWNER AND OBTAIN MUNICIPALITY APPROVALS The Owner's Engineer is hereby authorized by the Owner to act as the Owner's representative in all matters pertaining to the design, construction and installation of the Works and the overall management of the development, and shall co-operate with the Municipality and the Director to protect the interests of the Municipality and the general public in all matters relating to the design, construction and installation of the Works.In addition,the Owner's Engineer shall work in accordance with all conditions of the Agreement, including Section 5 and Schedules"a', "H", "I", Ull AND 1111 3. PROVIDE RESIDENT SUPERVISION The Owner's Engineer shall provide fully qualified, experienced supervisory layout and inspection staff, acceptable to the Director, to provide continuous inspection service during all phases of the construction and installation of the Works and the private works. Without limiting the generality of the foregoing, the Owner's Engineer shall be responsible for the following: (a) To carry out or arrange for the carrying out by qualified personnel of field layout including the provision of line and grade to the contractors and,where required, restaking. (b) To thoroughly inspect the construction, installation, and supply of materials to ensure that all work is being performed in accordance with the Engineering Drawings, the Municipality's Design Criteria and Standard Drawings and all applicable law. The Owner's Engineer shall have the authority and responsibility to immediately stop and/or reject any work, procedure, or material which in his opinion does not comply with the Engineering Drawings, the Design Criteria and Standard Drawings, and/or the applicable law. (c) To carry out or arrange the carrying out by qualified personnel of all necessary monitoring and field testing of procedures, equipment and materials installed or proposed to be installed and, in conjunction with the geotechnical engineer,and where appropriate,the structural engineer,provide certification to the Director that all monitoring and test results meet the requirements of Schedule "L" of this Agreement. T-7 70 Schedule "I" -3- (d) To provide co-ordination and scheduling of the construction and installation of the Works in accordance with the timing provisions contained in this Agreement and the requirements of the Director. (e) to investigate 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. MAINTAIN RECORDS The Owner's Engineer shall maintain all records, data, reports, approvals and orders pertaining to the construction and installation including all contract documents, sub- contracts and supply contracts, payment certificates, payment records and receipts, certificates of substantial performance, the names and addresses of all contractors, sub-contracts and proof of service and publication thereof in accordance with the provisions of applicable legislation and make all of the foregoing available for examination by the Director as required by the Director without cost. If any change is made in the terms of a contract, sub-contract or supply contract or in the name or address of a contractor, sub-contractor and supplier from information that may not have been provided to the Director by the Owner or the Owner's Engineer pursuant to this Agreement, the Owner's Engineer immediately after becoming apprised of each change shall give the Director written notice of it. 5. PROVIDE PROGRESS The Owner's Engineer shall provide the Director with reports on the progress of the construction and installation of the Works on a monthly basis, or at such other interval as approved by the Director. 6. PREPARE AS-CONSTRUCTED DRAWINGS The Owner's Engineer shall prepare and submit the as-constructed drawings of the Works together with the computer disks, if any have been prepared, to the Director provided that the as-constructed drawing shall be prepared to the satisfaction of the Director. 71 SCHEDULE THIS SCHEDULE IS SCHEDULE 'T'to the Agreement which has been authorized and approved By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March , 1995. WORKS COST ESTIMATES I. Initial Works a) Grading & Siltation Control $ 219850.00 b) Initial Roadworks 1369275.00 2. Streetlighting Systems $ 109000.00 3. Final Works a) Surface Asphalt $ 17,460.00 b) Shoulder Repair $ 51000.00 SUB-TOTAL $ 1909585.00 5% Contingencies 9,529.25 SUB-TOTAL $ 2009114.25 10% Engineering 20,011.43 SUB-TOTAL $ 2209125.68 7% G.S.T. Allowance 15,408.80 TOTAL AMOUNT OF PERFORMANCE GUARANTEE 235 534.48 SUBSEQUENT STAGES The Performance Guarantee for the Works shall be based on the preliminary Works Cost Estimates which have been submitted to the Director by the Owner's Engineer and approved by the Director. When the Engineering Drawings and the Landscaping Plan have been approved by the appropriate Director as is required by this Agreement, a revised Works Cost Estimates for the construction and installation of Works shall be prepared by the Owner's Engineer and submitted to the Director for approval. The revised Works Cost estimates shall be used as a basis to adjust the Performance Guarantee, in the event of an increase or decrease in the Works Cost Estimate. 72 SCHEDULE "K" THIS SCHEDULE IS SCHEDULE'Vto the Agreement which has been authorized and approved By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March , 1995. INSURANCE REQUIRED 1. TYPES OF COVERAGE REQUIRED The Owner shall obtain and maintain insurance of the character commonly referred to as public liability and property damage with an insurance company approved by the Municipality's Treasurer and licensed in Ontario to underwrite such insurance and containing terms and conditions which are acceptable to the Municipality's Treasurer. Such policy or policies of insurance shall indemnify the Municipality against all damage or claims for damage for: (a) any loss or damage that shall or may happen to any of the Works or any of the Utilities or to any part or parts thereof respectively; (b) any loss or damage that shall or may happen to any of the materials or any of the equipment or any other things used to construct or install any of the Works or any of the Utilities or any part or parts thereof respectively; (c) any injury to any person or persons including workmen employed on the said Lands and the public; (d) any loss or damage that shall or may result from the storage, use or handling of explosives; (e) any loss or damage that shall or may result from the drainage of surface waters on or from the said Lands; (f) any loss or damage that shall or may result from the disposal of effluent from any sewage disposal works; and (g) any loss or damage that shall or may happen to any public road or to any property of the Municipality or to the property of any other person either directly or indirectly by reason of the Owner undertaking the development of 8� 73 Schedule 'V -2- the said Lands together with any or all of the Works, Utilities and Services pertaining thereto. 2. AMOUNTS OF COVERAGE REQUIRED Policy or policies of insurance shall be issued jointly in the names of the Owner and the Municipality and shall provide the following minimum coverage for five million ($5,000,000.00) dollars for all damage arising out of one (1) accident or occurrence or series of accidents or occurrences. The issuance of such policy or policies of insurance or the acceptance of it or them by the Municipality shall not be construed to relieve the Owner from responsibility for other or larger claims for which it may be held responsible. 3. EXEMPTION OF COVERAGE PROHIBITED The policy or policies of insurance shall contain no coverage exemptions or limitations for: (a) any shoring, underpinning, raising or demolition of any building or structure (b) any pile driving or caisson work; (c) any collapse or subsidence of any building, structure or land from any cause; or (d) any storage, handling or use of explosives in cases in which the Owner is requited to obtain the Director's permission to carry out a blasting operation under Schedule 'V of this Agreement. 4. TERM OF INSURANCE The term of the required insurance shall commence no later than the day which the first Authorization to Commence Works is issued and shall terminate no earlier than the last day on which all Certificates of Acceptance have been issued for each of the Works for all the Works contemplated by this Agreement. � i 74 SCHEDULE "L" THIS SCHEDULE IS SCHEDULE'Vto the Agreement which has been authorized and approved By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March . 1995. REGULATIONS FOR CONSTRUCTION 1. GENERAL All work pursuant to and associated with this Agreement shall be carried out in strict conformity with all approved Engineering Drawings, the Municipality's Design Criteria, Standard Drawings and Specifications or any revision thereof and all applicable legislation, in addition to any requirements set out in this Agreement. 2. SAFETY The Owner shall ensure that all construction pursuant to and associated with this Agreement is carried out in conformance with the Occupational Health and Safety Act, and other applicable legislation. 3. PERMITS AND APPROVALS The Owner shall ensure that any and all permits and approvals require to install or construct or prepare to install or construct any of the Works pursuant to or associated with any part of this Agreement have in fact been obtained and are valid and in good standing. 4. REQUIREMENTS FOR BLASTING Prior to commencing any blasting, the Owner shall obtain from the Director, permission to carry out the blasting operation. 5. REMOVAL OF TOPSOIL The Owner shall not remove any topsoil from the said Lands except for construction purpose and such topsoil must remain within the limits of the said Lands. 75 Schedule "L" _2_ 6. DUMPING OF FILL OR DEBRIS The Owner agrees to neither dump, or permit to be dumped, any fill or debris, on nor to remove, or permit to be removed any fill from any lands to be dedicated to the Municipality other than the roads within the limits of the said Lands,without the written consent of the Director. 7. DISPOSAL OF CONSTRUCTION GARBAGE The Owner shall remove and dispose of all construction garage and debris from the said Lands in an orderly and sanitary fashion in a dump site off the said Lands and approved by the Director. The Municipality shall not be responsible for the removal or disposal of garbage and debris. The Owner shall deliver a copy of this provision to each and every builder obtaining a building permit for any part of the said Lands and to ensure that no burning of construction garbage or debris is permitted on the said Lands. Without derogating from the foregoing provisions of this paragraph, if the Owner fails to remove construction garbage or debris from the Lands for a period of three (3) consecutive days following the giving of written notice by the Director to the Owner requiring it to do so, the Director may cause the construction garbage or debris to be removed to and disposed of in the aforesaid dumping site at the expense of the Owner. Forthwith after the Director gives written notice to the Owner requiring it to pay for the costs incurred in removing and disposing of the construction garbage or debris, the Owner shall pay the Municipality the amount of money for it is invoiced. 8. QUALITATIVE AND QUANTITATIVE TESTS (1) The Owner's Engineer shall arrange for and monitor all testing or procedures, equipment and materials, by a qualified geotechnical engineer and where applicable, a qualified structural engineer,who shall ensure conformance with the Engineering Drawings, and with the Municipality's Design Criteria and Standard Drawings, or in cases where criteria have not been specified by the Municipality,with the Ontario Provincial Standards for Roads and Municipal Services. (2) Prior to the issuance of a Certificate of Completion, the Owner's Engineer, in conjunction with the geotechnical engineer and where applicable structural engineer, shall issue a certificate in a form acceptable to the Director, confirming,based on the location, frequency and type of tests and monitoring (� 76 Schedule "L" -S- and the results of such tests or monitoring, that he is satisfied with the materials testing methods used and that the results conform to the requirements of paragraph 8(1) of this Schedule "L". (3) The Owner agrees that the Director may, at his sole discretion, employ a geotechnical engineer to carry out independent qualitive or quantitative tests on behalf of the Municipality, for any portion of the Works, procedures, equipment or materials installed or constructed or to be installed or constructed and that the costs of such testing shall be paid by the Owner. 9. TELEVISED INSPECTION OF STORM SEWER The Owner agrees to televise and record, to the satisfaction of the Director, and for Municipality use, all of the storm sewers, and where deemed necessary by the Director, all catchbasin leads and service connections and, subsequent to any rectifications or additional work, to re-televise and record to the satisfaction of the Director, any storm sewer, catchbasin lead, rear yard catchbasin lead or service connection and that all associated costs shall be paid by the Owner. 10. WINTER CONSTRUCTION In addition to the materials testing criteria for cold weather construction, any pipe bedding, trench backfill or road building material found to contain frozen material shall be deemed unacceptable and shall be removed immediately. The Owner shall not commence placement of base asphalt paving later than December 1st and shall not commence placement of surface asphalt paving later than November 15th, unless approved otherwise by the Director. Should the Director be of the opinion that any of the Works are not being constructed using effective cold-weather precautions he may, in his absolute discretion, revoke any Authorization to Commence Works and suspend construction by issuing a stop work order to be in effect until the Director give the Owner written notice of the termination of the stop work order. 11. MAINTENANCE. CLOSING AND USE OF EXTERNAL ROADS The Owner shall, at all tunes during the life of this Agreement ensure that during any construction on the said Lands, all public highways abutting the said 77 Schedule"L" _4_ Lands and all public highways used for access to the said Lands, shall be maintained in a condition at least equal to their condition on the date as of which this is Agreement is made, and in all cases to the satisfaction of the Director. At all times, i the Owner shall maintain all such highways free of dust and mud which originate from the Lands. If, in the opinion of the Director, a highway has been damaged as a result of the construction, installation or maintenance of the Works, or the development of any portion of the Lands as a result of any action or default by any person other than the Municipality, iti agents, employees or contractors, forthwith after the Director gives the Owner written notice of his opinion, the Owner, at the Owner's expense, shall repair such road to the condition which is at least equal to its condition immediately prior to the date of such damage, to the satisfaction of the Director. No highway outside the limits of the said Lands shall be closed without the prior written approval of the authority having jurisdiction over such highway. The Owner agrees not to use or occupy any untravelled portion of any road allowance without the prior written approval of the authority having jurisdiction over such road allowance. 12. Prior to the placement of the base course of asphalt on any road required to be constructed under this Agreement, the Owner shall remove any contamination of the granular base course and repair and replace such base course, where necessary, to the approval of the Director, in order that the construction of such road shall not have suffered due to any use of the granular base course as a temporary road. Similarly, prior to the placement of the surface of asphalt on any road required to be constructed under this Agreement, the Owner shall clean the base course of asphalt and repair and replace such base course where necessary. Until the roads within the 40M Plan are assumed by the Municipality, the Owner shall maintain all internal roads in a condition acceptable to the Director, and shall ensure these roads are free of dust and mud. 13. WEED AND RAT CONTROL After the commencement of construction the Owner shall institute upon the Lands a program of weed and rat control to the satisfaction of the Director. 78 SCHEDULE "M" THIS SCHEDULE IS SCHEDULE"M"to the Agreement which has been authorized and approved By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March . 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 table: LOT OR BLOCK NUMBER PERMITTED LAND USE ON 40M PLAN Lots 1 to 20 inclusive Residential: Single Family Dwelling units in compliance with the provisions of Zoning By-law 84-63, as amended. Lots 8, 9, 10 and 11 The Owners, on behalf of themselves, heirs, successors and assigns covenant and agree that no filling, grading, construction or removal of live trees shall occur on the subject lands, without prior written consent of the Central Lake Ontario Conservation Authority (C.L.O.C.A.). This covenant is entered into for the benefit of the Central Lake Ontario Conservation Authority. O� 79 SCHEDULE "N' THIS SCHEDULE IS SCHEDULE"M"to the Agreement which has been authorized and approved By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March , 1995. LANDS UNSUITABLE FOR BUILDING The Owner agrees that no application will be made for a building permit for the erection of any structure on the Lands listed in the following table, until the conditions listed in the following table have been satisfied to the approval of the Director of Public Works and/or any other Authorities having jurisdiction. LOT OR BLOCK NUMBER PERMITTED LAND USE ON 40M PLAN Not Applicable s 87 80 SCHEDULE "O" THIS SCHEDULE IS SCHEDULE"O"to the Agreement which has been authorized and approved By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March . 1995. LANDS REQUIRING SITE PLAN APPROVAL The Owner shall not make or permit or offer any person(s) to make an application for a building permit for the erection of any building or structure on any of the lands listed in the following table until a Site Agreement has been entered into with the Municipality and the building complies in all respects with the terms of the Site Plan Agreement. LOT OR BLOCK NUMBER ON 40M PLAN Not Applicable 88 81 SCHEDULE "P" THIS SCHEDULE IS SCHEDULE "P"to the Agreement which has been authorized and approved By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March , 1995. Not Used UI CIO 82 SCHEDULE "O" THIS SCHEDULE IS SCHEDULE"Q"to the Agreement which has been authorized and approved By-law No. 96-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March , 1995. CONSERVATION AUTHORITY'S WORKS 1. Prior to the commencement of site preparation, including any filling, grading, or removal of vegetation or final approval of the Plan, the Owner shall obtain Central Lake Ontario Conservation Authority approval of site grading plans, which detail 100-year overland flow routing; and erosion and sediment control plans which provide for the on-site containment of sediment during the grading and construction phases of development. 2. The Owner agrees to carry out or cause to be carried out to the satisfaction of the Central Lake Ontario Conservation Authority: site grading, sediment control and major overland flow routing. 3. The Owner agrees to insert the following restrictive covenant against the title of draft plan Lots 8, 9, 10 and 11 which states: "The Owners, on behalf of themselves, heirs, successors and assigns covenant and agree that no filling, grading, construction or removal of live trees shall occur on the subject lands, without prior written consent of the Central Lake Ontario Conservation Authority (C.L.O.C.A.). This covenant is entered into for the benefit of the Central Lake Ontario Conservation Authority." 7u 83 SCHEDULE "R" THIS SCHEDULE IS SCHEDULE"R"to the Agreement which has been authorized and approved By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March . 1995. ENGINEERING AND INSPECTION FEES Estimated Cost of Works Fees Up to $100,000.00 4% to a maximum of $4,000.00 $100,000.00 to $500,000.00 $4,000.00 or 3.5% of the estimated cost of services - whichever is greater $500,000.00 to $1,000,000.00 $17,500.00 or 3% of the estimated cost of services - whichever is greater $1,000,000.00 to $2,000,000.00 $30,000.00 or 2.50% of the estimated cost of services - whichever is greater $2,000,000.00 to $3,000,000.00 $50,000.00 or 2.25% of the estimated cost of services - whichever is greater $3,000,000.00 to $4,000,000.00 $67,500.00 or 2% of the estimated cost of services - whichever is greater For the purposes of calculating the Engineering and Inspection Fees as contemplated by this Schedule, the estimated costs of Works shall include the Cost Estimates as specified in Schedule "J" hereto, and shall also include the estimated cost of Region services. The payment of the Engineering and Inspection fees to the Municipality are subject to the Goods and Services Tax, and therefore an additional seven (7%) percent must be added to the fees calculated using this Schedule and paid by the Owner to the Municipality. The Engineering and Inspection Fees are to be paid to the Municipality prior to issuance of the Authorization to Commence Works provided that if there is a Staging Plan the Engineering and Inspection Fees relating to each stage are to be paid to the Municipality prior to issuance of the Authorization to Commence Works for the stage in question. 4 b' 84 SCHEDULE "S" THIS SCHEDULE IS SCHEDULE "S"to the Agreement which has been authorized and approved By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March . 1995. REGION'S CONDITIONS OF APPROVAL DATED Attachment to letter dated December 14, 1993 CONDITIONS OF DRAFT APPROVAL 1. That this approval applies to draft plan of subdivision 18T-89030 prepared by Proctor and Redfern Ltd., identified as drawing number A1-88728, dated March 1898 and revised in red, which illustrates 20 lots for single detached dwellings and 2 blocks for road widenings and sight triangles. 2. That the Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 3. That the road allowances included in this draft plan shall be named to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 4. That the Owner shall dedicate Blocks 21 and 22 to the Municipality of Clarington as a public highway for the purpose of widening Old Scugog Road. 5. That the Owner shall retain a qualified consultant to prepare and submit a tree preservation plan to the Municipality of Clarington for review and approval. 6. That the Owner shall retain a qualified landscape architect to permit and submit a Landscaping Plan to the Municipality of Clarington for review and approval. 7. That the Owner shall retain a qualified Engineer to prepare and submit a hydrogeological report to the Municipality of Clarington demonstrating that the proposed development will not adversely impact the existing wells in the surrounding area. 8. That the Owner shall retain a qualified Engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Municipality of Clarington for review and approval. 9. That the Owner shall convey land to the Municipality of Clarington for park or other public recreational purposes in accordance with the provisions of the Planning Act, qa r 85 Schedule "S" . 2 - R.S.O. 1990, c.P.13, as amended, Alternatively, the Municipality may accept cash-in-lieu of such conveyance. 10. That the Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 11. That the Owner shall, if necessary, apply to the Municipality of Clarington and obtain approval of the zoning of the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 12. That the Zoning By-law referred to in Condition 11 shall contain the appropriate provisions for all lands situated below the top-of-bank to the satisfaction of the Central Lake Ontario Conservation Authority. 13. That prior to the commencement of site preparation, including any filling, grading, or removal of vegetation or final approval of the Plan, the Owner shall obtain Central Lake Ontario Conservation Authority approval of site grading plans, which detail 100-year overland flow routing; and erosion and sediment control plans which provide for the on-site containment of sediment during the grading and construction phases of development. 14. That the Owner shall submit to the Ministry of the Environment and Energy, for review and approval, a hydrogeologist's report which verifies that an adequate supply of potable water is available to service this development and discusses the possibility of cross-contamination of wells from septic effluent. 15. That the Owner shall satisfy the Municipality of Clarington that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision to, at his expense either connect the affected party to municipal water supply system or provide a new well or private water 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. 16. That prior to final approval of this plan, the Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage and other local services. l� r 86 Schedule "S" - 3 - 17. That prior to final approval of the plan, the Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision of sub-surface sewage disposal systems and drilled wells, the provisions of roads and other Regional services. 18. That the Subdivision Agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to carry out or cause to be carried out to the satisfaction of the Central Lake Ontario Conservation Authority: site grading, sediment control and major overland flow routing. b) The Owner agrees to insert the following restrictive covenant against the title of draft plan Lots 8, 9, 10 and 11 which states: "The Owners, on behalf of themselves, heirs, successors and assigns covenant and agree that no filling, grading, construction or removal of live trees shall occur on the subject lands, without prior written consent of the Central lake Ontario Conservation Authority (C.L.O.C.A.). This covenant is entered into for the benefit of the Central Lake Ontario Conservation Authority." c) The Owner agrees to carry out or cause to be carried out, to the satisfaction of the Ministry of the Environment and Energy, the recommendations of the Hydrogeologist's.Report referred to in Condition 14. d) The Owner agrees that the road fill is not to be used as fill material for the private sewage disposal systems for each lot. e) The Owner agrees that prior to obtaining building permits, drilled wells shall be constructed and a hydrogeologist's report shall be prepared,which verifies that the amount of water and quality of water that each well can provide complied with the Ontario Drinking Water Objectives. 19. That prior to final approval of this plan for registration, the Commissioner of Planning for the Regional Municipality of Durham shall be advised in writing by: a) The Municipality of Clarington, how Conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15 and 16 have been satisfied; b) The Central Lake Ontario Conservation Authority, how Conditions 12, 13, 18 a) and 18 b) have been satisfied. K 87 Schedule "S" - 5 - c) The Ministry of Environment and Energy, how Conditions 14 and 18 c) have been satisfied; and d) The Durham Region Health Services Department, how Conditions 17 and 18 d) have been satisfied. 88 SCHEDULE "T" THIS SCHEDULE IS SCHEDULE"T"to the Agreement which has been authorized and approved By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March . 1995. TREE PRESERVATION PLAN (See Attached) N �� �P��1C "m �W 89 SCHEDULE "U" THIS SCHEDULE IS SCHEDULE"U"to the Agreement which has been authorized and approved By-law No. 95-32 The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March , 1995. LANDSCAPING PLAN (See Attached) �0 _ T7 T 90 SCHEDULE "V" THIS SCHEDULE IS SCHEDULE"V"to the Agreement which has been authorized and approved By-law No. 95-32 The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March , 1995. REQUIREMENTS OF OTHER AGENCIES A. MINISTRY OF ENVIRONMENT AND ENERGY 1. The Owner shall submit to the Ministry of the Environment and Energy, for review and approval, a hydrogeologist's report which verifies that an adequate supply of potable water is available to service this development and discusses the possibility of cross-contamination of wells from septic effluent. 2. The Owner agrees to carry out, or cause to be carried out to the satisfaction of the Ministry of the Environment and Energy, the recommendations of the Hydrogeologist's Report referred to in Condition above. 3. The Owner agrees that prior to obtaining building permits, drilled wells shall be constructed and a hydrogeologist's report shall be prepared, which verifies that the amount of water and quality of water that each well can provide complies with the Ontario Drinking Water Objectives. B. DURHAM REGION HEALTH SERVICES DEPARTMENT 1. The Owner agrees that prior to obtaining building permits, drilled wells shall be constructed and a hydrogeologist's report shall be prepared, which verifies that the amount of water and quality of water that each well can provide complies with the Ontario Drinking Water Objectives. 2. The Owner agrees that the road fill is not to be used as fill material for the private sewage disposal systems for each lot. qg 91 SCHEDULE 'W' THIS SCHEDULE IS SCHEDULE"W"to the Agreement which has been authorized and approved By-law No. 95-32 of The Corporation of the Municipality of Clarington, enacted and passed the 13 day of March , 1995. ARCHITECTURAL CONTROL STANDARDS All dwellings to be erected on the said Lands shall satisfy the following architectural control standards: 1. EXTERNAL MATERIALS: (a) Exterior construction must be a minimum of forty (40%) percent masonry products excluding stucco and concrete blocks. Dwellings sited at the corners require full height masonry products on all elevations. (b) No substitutions are allowed within paragraph (a) except by written permission of the Director of Planning and Development. 2. COLOURS: (a) Colours of bricks, siding, roofs and trims must be compatible and in harmony such as earthtone range, pastel range, grey/black range etc. (b) Where bricks are used, coloured mortar is required. (c) Accent colour bricks for brick detailing is permitted provided if used consistently in group of dwellings. (d) Colour of caulking around metal flashing or windows is required to match colour, of brick or siding. 3. REPETITION OF ELEVATIONS AND STYLES: (a) Any two (2) dwellings abutting each other must exhibit a minimum of twenty- five (25%) exterior variations in elevations or colour schedule. (b) Dwellings of identical elevation and/or colour schedule must be separated by a minimum of four (4) dwellings. �9 92 Schedule 'W' -2- (c) Dwellings which mimic the influence of a particular architectural influence (eg. Georgian, Colonial, Spanish) are permitted only if constructed in a group reflecting the same architectural influence. 4. OTHERS (a) All metal roof vents and stacks must be located in the rear slope of roofs and must be painted to match the roof colour if exposed to public view. (b) All dwellings must carry brick veneers to within twelve (12) inches of the grade on front elevation and within twenty (20) inches on side and rear elevations. Exposed concrete foundation in excess of the aforementioned standard will not be permitted. (c) The Owner shall encourage the builder of dwellings to vary siting and setback of dwellings. (d) The above standards are minimum standards and builders are encouraged to exceed the standards as long as the objective of creating attractive and aesthetically pleasing appearance is achieved. 05/10/95 11:58 '0416 623 0830 M. of CLARINGTON 007 SCHSDOLE rrBrr SUBD=810N AGREEMENT dated day of 1995. B E T W E E N_ KALEE INVESTMENTS LTD. (Owner) - and - THE CORPORATION OF THE MWCZPAL1Ty of CLARINGTON (Municipality) IN THE MWTTE•R OF: An application by IiItEE S.TM MTS LTD. for final approval and release by the Municipality of Clarington of a proposed Plan of Subdivision. being Schedule "A" to the Subdivision Agreement between the owner and the Municipality dated day. of 1995. I, DANA MARK STRIKE a Solicitor for the Supreme Court of Ontario, hereby certify that the above-named Owner is the scale owner in fee simple of all lands included in the plan forming Schedule IT Au to the ;Agreement dated day of , 1995, the ("Lands") . I further certify that there are no mortgages or other encumbrances upon the Lands or any part thereof. : This certificate is given by me to the Municipality of Clarington for the purpose of having the said Municipality of Clarington. reply upon it and to act on it in approving and releasing the proposed plan of subdivision and for certifying the title- DATED at Bowmanville this 3rd day of May; 1995_ DANA MARK STRIKE i TO: THE CORPORATION OF THE MUNICIPALITY OF GLARINGTON Province aeADeeee 3n/Di.eribete[by De Amm syw.c Le1..--- Of Document General Ontario Form 4— Land Registration Reform Act kalee-lo.d ! (1) Registry ❑ Land Titles [MT(2) Paw 1 of 2. Page" (3) Prop"a) Block Property Additional* r— - see rn schedule r (4) Nature of Document Cn '^ w Application by Municipality for Inhibiting Order t` (S6ction 23) (s) Condderatlon i Dollars$ to { (g) - ILL- 1-4 - — mac_ 7 ., Parcel Plan 1,Section 40M- JJ 1�s o cry as to Part of Lot 5,Plan 40M-r o Municipality of Clarington Regional Municipality of Durham Now Property Identifiers Additional: See El saedwe Executlons M This (a)Redescription (e)Schedule for: Additional: Document Now Easement Additional Schedule ❑ � Plan/Sketch ❑ Description ❑ Parties ❑ Other (8) This Document provfdos as follows: Continued on Schedule ❑ (!) This Document relates to instrument number(s) (10) pwty(kw)(Set out Status or Interest) Narne(s) Signature(s) Date of Signature y M D i ORPO R&T.IO1�T..:OF.:THE::.a. .:: :.N:»:»» ::. MUNICIPALITY OF CLARINGTON per Nicholas T.Macos (11) address for Service 40 Temperance Street,Bowmanville, Ontario, L1C 3A6 (14 Party(ies)(Set out Status or Interest) Name(s) Signature(s) Date of Signature y M D 13 Address for Service (14) Municipal Address of Property (15) Document Prepared by: Fees and Tax Nicholas T.Macos o Registration Fee Not Assigned Shibley Righton 401 Bay Street, Suite 1800 W Toronto,Ontario M5H 2Z1 0 ° Toni tw 311/TomoeTO•CANA0A ument completed using FormlW&m by Do �Ud n 1062 i 1 . U 1 , LAND TITLES ACT Section 23 APPLICATION BY MUNICIPALITY FOR INHIBITING ORDER TO: THE LAND REGISTRAR FOR THE LAND TITLES DIVISION OF DURHAM (NO. 40) I,Patti Barrie,Clerk of the Corporation of the Municipality of Clarington hereby certify that KALEE INVESTMENTS LIMITED The Registered owner of Parcel 19-3, Section Con. 8 (Darlington) Newcastle being Part of Lot 19, Concession 8, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham, designated as Part 1 on Plan 1OR-3789 being the land laid out in a survey signed by G.Douglas Coggan, Ontario Land Surveyor dated May 4, 1995 has not executed and is not under any obligation to execute any Transfer of Land or Transfer of Easement or any Agreement affecting title to the said land in favour of the Corporation of the Municipality of Clarington has not been registered as of the date hereof except the following: TRANSFERS AND AGREEMENTS LOTS AND BLOCKS Transfer of Easement (Catch Basin and Storm Sewer) Part of Lot 5, Plan 40M- designated as Part 1, on Plan 40R- AND as to the Lots and Blocks mentioned above, I HEREBY REQUEST you to issue an Order or make an entry under Section 23 of the Land Titles Act inhibiting any dealing with those Lots and Blocks until the Instruments mentioned above have been registered. The address of the applicant for service is 40 Temperance Street, Bowmanville, Ontario, L1C 3A6. July DATED at Clarington this 5th day ofWe, 199 %Patti e Municipality of Clarington I have authority to bind the Corporation. DYE 60UHHAM W INc.-I-uim No.970 �r�� PrUvince Transfer/Geed of Land Amended NOV. 1992 rlhkv"►+i/7a� OI "v- Ontario •� Form 1 - Land Registration Reform Act (1) Registry Land Titles O (2) Page 1 of pages fT O (3) Property Block Properly � n' Identifler(s) Additional: W See O C' CV Q Schedule W CD CC � (4) Consideration 7- LL 0� ro } ? W ¢ -Z TWO-------------------------- Dollars $ 2.00 Z �� a (5) Description This is a: Property Property O U Q Division © Consolidation U) W J D w ,J � Part Parcel Plan 1, Section 40M-l ;7.2 6 LL � being part of Lot 5, Plan 40M- /8 z 6 O New Property Identifiers Municipality of Clarington, Regional CC Additional: Municipality of Durham, designated as Part 1, LL See Schedule F] 40 R- Executions Additional: See r-I • Schedule (6) This (a)Redescription ;(b) Schedule for. (7) Interest/Estate Transferred Document New Easement Additional Fee Simple Contains Plan/Sketch ❑ i Description Parties Other [] Easement (8)Transferor(s) The transferor hereby transfers the land to the transferee7 Fid&DirHfKtlflbK�Ea'biftdF�fYs1{i$tidfe$i361Y�d{�6k� rdfl�31# 1XX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of Signature Name(s). . . Signature(s) Y M D KALEE INVESTMENTS LIMITED ,,// '"Z 1995 t1 l5 ra lath 6-al a , resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . I have the authority to bind the t ' . . . . . . . . . . . i . . . . . .;. . . ` . . Corporation (9)Spouse(s) of Transferor(s) I hereby consent to this transaction Dale of Signature Narne(s) Signature(s) Y M D t (10) Transferor(s)Address for Service R.R.#l, Bowmanville, Ontario, L1C 3K2 (11)Transferee(s) Date of Birth Y M D THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .i . . . . . .;. . . i . . I (12) Transferee(s) Address for Service 40 Temperance Street, Bowmanville, Ontario, L1C 3A6. (13) Transferor(s)The transferor verifies that to the best of the transferor's knowledge and belief,this transfer does not contravene section 50 of the Planning Act. Date of Signature Date of Signature Y M D I Y M I D Signature. . . . . . . . . . . . . . . . . . . . . ... . . . . . Signature. . . . . . . . . . .I. . Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to Q determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and Z belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature O Name and i Y M D a Add ilss of Signature. . . . . . . . . . ; O Solicitor " ' " " " " " " " ' ) a_ (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records Q n fv reveal no contravention as set out in subclause 50 (22)(c)(ii)of the Planning Act and that to the best of my knowledge and belief this transfer C C o' ° does not contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s)and I am an Ontario solicitor in good standing. a N d�� C C Date Signature a Z5= Name and e o g Y M D x 0-2? Address of I a-yt Solicitor 1 o Signature: . . . . . . .f. 0) . (15) Assessment Roll Number f Cty. ;Mun.; Map ; Sub. ; Par. i Fees and Tax of Property 18 117 1 010 J ' Z Registration Fee (16) Municipal Address of Property (17) Document Prepared by: O not assigned Dan M. Strike, ? Land Transfer Tax Strike, Salmers & Furlong U Box 7 , w Bowmanville, ON. , L1C 3K8 0 0 (905-623-5791) u- Total DYE&DURHAM CO.INC.—Form No.990 Province Amended NOV.1992 Ontario Form 5—Land Registration Reform Act A Page 2 Additional Property Identifler(s)and/or Other Information ADDITIONAL COVENANTS The Transferor hereby transfers to the Transferee, its successors and assigns, the free, uninterrupted and unobstructed right and easement to construct, operate and maintain such rear yard catch basin and storm sewer together with any and all appurtenances, facilities and works (the "Works") as may be required from time to time in, across, under and through the lands more particularly described in Box 5 hereof (the "Lands") . TOGETHER WITH the right of the Transferee, its successors and assigns and its and their servants, agents, contractors ,and workmen with all necessary materials, equipment, machinery and vehicles to enter upon the Lands (the Right to Enter") at all times and to pass and repass thereon for the purposes of installing, constructing, reconstructing, examining, altering, repairing, renewing or replacing and maintaining the Works or any par thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the Lands. TO HAVE AND TO HOLD the said easement or right in the nature of an easement on, in, across, under and through the Lands unto the Transferee, its successors and assigns for its and their sole and only use forever. AND the Transferor: a) covenants that it will not erect any buildings or structures, plant any trees, hedges or shrubs, place or remove any fill on any part of the Lands or cause or permit any person to interfere in any way directly or indirectly with the Works or in any way deragale from the easement hereby transferred; b) hereby releases the Transferee from any and every claim which may or might arise out of the exercise by the Transferee of any of the rights hereby granted or which may arise out of the existence, operations, construction, reconstruction, examination, repair, renewal, replacement and maintenance of the Works; c) covenants with the Transferee that it has the right to convey the said rights and easements to the Transferee, notwithstanding any act of the Transferor; d) covenants with the Transferee that it will execute such further assurances of the said rights and easements as may be required by the Transferee; e) covenants to transfer to the Transferee, from time to time, such other easements on a temporary basis only as the Transferee may reasonably require to exercise the Right to Enter; and f) release to the Transferee all claims upon the interest hereby transferred. AND the Transferee shall have quiet possession of the said easement or right in the nature of an easement, free from all encumbrances and restrictions, save as mentioned herein. W} U� LLZ 00 Cc w O: Y!CdYV--11 V.OOV Province Schedule Amended NOV.1992 O v Ontario Form 5—Land Registration Reform Act is Page Additional Property Identifier(s)and/or Other Information THE REGIONAL MUNICIPALITY OF DURHAM consents to the registration of the attached transfer of easement as it applies to Part of Parcel Plan-1, Section 40M-1826,being part of Lot 5, Plan 40M-1826,Municipality of Clarington,Regional Municipality of Durham,designated as Part 1,Plan 40R-16628, (restriction registered as Instrument No. LT738897). DATED at Whitby,this 15th day of January, 1996. THE REGIONAL MUNICIPALITY OF DURHAM T J es .Wi ,Re 'onal ChajC) C.W.Lundy,Regi al GIZW W� U� 0o W Ua eorp« tlon sormecsa 3.it r TORONTO•CANADA Page 2 Affidavit of Residence and of Value of the Consideration - H 8/1892, DOCUment comPietad using FormTWwo Form 1 — Land Transfer Tax Act VN Tkn a1PlnstEMILS on reverse side. Part Parcel Plan 1 Section 40M-1826 being part of NN T�iE MATTER Or= THE CONVEYANCE OF (insert bdsfdescription olland) , � g, Lot 5„P1an 40M 1826, Municipality of Clarington, Regional Municipality of Durham,designated as Part 1. 8 BY (print names of all bansferora in full) KAi EF, iWESTMENTS LiMiTED TO (see instruction land print names*fail transferees in full) THE CORPORATION OF THE MUNICIPALITY OF CIARINGTON I, (see Instruction z and print nan*s)ln fwq Nicholas T Mocos MAKE OATH AND SAY THAT: 1. 1 am (place a clear mark within the spurn opposite that one of tho following paragraphs that desodbes the capacity of the deponent(s)): (see Instruction T) ❑ (a) A person in trust for whom the land conveyed In the above-described conveyance is being conveyed; ❑ (b) A trustee named In the above-described conveyance to whom the land Is being conveyed; ❑ (c) A transferee named In the above-described conveyance; ® (d) The authorized agent or solicitor acting In this transaction for(insert names)of principal(s)) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON described In paragraph(s) (c) above;(strike out rehnnoes to Inapplicable paragraphs) ❑ (e) The President,Vice-President, Manager, Secretary, Director,or Treasurer authorized to act for(insert namefs)of corporadon(s)) described In paragraph(s) (a), (b), (c) above;(strike out references to inapplicable paragraphs) ❑ (f) A transferee described In paragraph( )(insert only one of paragraph(a),(b)or(c)above,as applicable) and am making this affidavit on my own behalf and on behalf of(Insert name of spouse) who is my spouse described In paragraph( )(Insert only one of paragraph(a),(b)or(c)above,as applicable) and as such, I have personal knowledge of the facts herein deposed to. 2. (ro be completed where the value of the consideration for the conveyance exceeds$400,000). 1 have read and considered the definition of"single family residence”set out in clause 1(1)(1a)of the Act. The land conveyed in the above-described conveyance ❑ contains at least one and not more than iwo single family residences. Note:Clause 2(1)(d) Imposes an additional tax at the rate of one-half of one per ❑ does not contain a single family residence. cent upon the value of consideration In excess of$400,000 where the conveyance ❑ contains more than two single family residences.(see instruction 3) contains at least one and not more than two single family residences. 3. 1 have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively In clauses 1(1)(f) and (g) of the Act and each of the following persons to whom or in trust for whom the land Is being conveyed In the above-described conveyance Is a "non-resident corporation" or a"non-resident person"as set out In the Act. (see Instructions s and 5) 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid In cash . . . . . . . . . . . . . . . . . . . . . . . . . $ Nil (b)Mortgages (1)Assumed(show principal and interest to be credited against purchase price) . . $ Nil (11)Given back to vendor . . . . . . . . . . . . . . . . . . . . . . . $ Nil (c)Property transferred In exchange(detail below) . . . . . . . . . . . . . $ Nil All Blanks (d)Securities transferred to the value of(detail below) . . . . . . . . . . . . . . . . . . $ Ni. Must Be (e)Liens, legacies,annuities and maintenance charges to which transfer Is subject . . . . . $ Nil Filled In (f)Other valuable consideration subject to land transfer tax(detail below) . . . . . . . . . $ Nil Insert`Nil' (g)VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO Where LAND TRANSFER TAX (rolal of(a)to(f)) . . . . . . . . . . . . . . . . . . . $ Nil $ Nil Applicable (h)VALUE OF ALL CHATTELS - Items of tangible personal property (Retail Sales Tax Is payable on the value of all chattels unless exempt under $ Nil Me provisions of tine-Retail Sales Tax Act-,R.S.O. 7890,c.454,as amended) . . . . . . . . . . . . . (1)Other consideration for transaction not Included in (g)or(h)above . . . . . . . . . . . . . . . . . . . . . . $ Nil (])TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ Nil 5. if consideration Is nominal,describe relationship between transferor and transferee and state purpose of conveyance.(see instruction 9) Transfer puranant to Subdivision Agreement 6. If the consideration is nominal, Is the land subject to any encumbrance? 7. Other remarks and explanations, if necessary. Sworn before me at the City of Toronto In the Muniicipality of Metropolitan Toronto this 7 f day of December 1995 `(`"T A Commiss otterfor taking Affidavits,etc. :ignature(s) Nicholas T_._Macos Property Information Record For Land Registry Office Use Only A. Describe nature of instrument: Transfer/Deed of Land Registration No. B. (1)Address of property being conveyed(if available) (II)Assessment Roll No.(ifavallable) 18 17 010 C. Mailing addre,s(es)for future Notices of Assessment under the Assessment Act for property being conveyed(so,Instruction 7) 40 Temperance Street Registration Date Land Registry Office No. Bowmanville. Ontario L1C 3A6 D. (t)Registration number for last conveyance of property being conveyed(if available) (11)Legal description of property conveyed: Same as in D.(1)above. Yes❑ No❑ Not known❑ E. Name(s)and address(es)of each transferee's solicitor hS ibley Righton 401 Bay St. Suite 1800,Toronto Ontario, M H 2Z1 95004 School Tax Support(Voluntary Election) See reverse for explanation (a) Are all Individual transferees Roman Catholic? Yes❑ No❑ (b) If Yes,do all individual transferees wish to be Roman Catholic Separate School Supporters? Yes❑ No❑ (c) Do all individual transferees have French Language Education Rights? Yes❑ No❑ (d) If Yes,do all Individual transferees wish to support the French Language School Board (where established)? Yes❑ No❑ NOTE:As to(c)and(d)the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed in(a)and(b). 0449D(90-09)