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96-12
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 96-12 being a By-law to authorize the entering into of an agreement with 290572 Ontario Limited, the Owner of Plan of Subdivision 18T-94024 and the Corporation of the Municipality of Clarington in respect of Plan 18T-94024. The Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's seal, an Agreement between 290572 Ontario Limited, the Owner of Plan of Subdivision 18T-94024 and the said Corporation in respect of Plan of Subdivision 18T-94024. 2. THAT the Mayor and Clerk are hereby authorized to Accept, on behalf of the Municipality, any conveyances of lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this 15th. day of January, 1996. BY-LAW read a second time this 15th. day of January, 1996. BY-LAW read a third time and finally passed this 15th. day of January, 1996. ACTING MAYOR CLERK RN:SA-ADEMA r� THIS AGREEMENT made in quintuplicate as of this Z�l day of 4L-cZ1u 996. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - and - 290572 ONTARIO LIMITED - and - CECIL AND HENDRINA MARIA ADEMA - and - ROYAL BANK OF CANADA SUBDIVISION AGREEMENT t TABLE OF CONTENTS ARTICLE 1 - INTERPRETATION AND SCHEDULES . . . . . . . . . . . . . . . . . . . . . . 2 1.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.2 Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 2 - GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.1 Recitals in Operative Part of Agreement . . . . . . . . . . . . . . . . . . . . . . 9 2.2 Certification of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.3 Copy of Plan and Agreements Required . . . . . . . . . . . . . . . . . . . . . . . 9 2.4 Transfer of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2.5 Transfer of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2.6 Registration of Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2.7 Lands for School Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2.8 Charge on Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2.9 Registration of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2.10 Renegotiation and Amendment of Agreement . . . . . . . . . . . . . . . . . 12 2.11 Municipality to Act Promptly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2.12 Assignment of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2.13 Replacement of Draft Plan with Final Plan(s) . . . . . . . . . . . . . . . . . . 14 2.14 Notification of Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2.15 Postponement of Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2.16 Successors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 3 - FINANCIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3.1 Payment of Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3.2 Payment of Local Improvement Charges . . . . . . . . . . . . . . . . . . . . . . 16 3.3 Payment of Drainage Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3.4 Payment of Development Charges . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3.5 Cash in Lieu of Land Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3.6 Performance Guarantee Required . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3.7 Use of Performance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3.8 Indemnification of Municipality . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3.9 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3.10 Maintenance Guarantee Required . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3.11 Use of Maintenance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3.12 Reduction and Release of Performance Guarantee . . . . . . . . . . . . . . 20 3.13 Reduction and Release of Maintenance Guarantee . . . . . . . . . . . . . . 21 3.14 Payment of Municipality's Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3.15 Unpaid Monies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3.16 Occupancy Permit Deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ARTICLE 4 - PLANNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 4.1 Tree Preservation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 4.2 Landscaping Plan and Landscaping Requirements . . . . . . . . . . . . . . . 25 4.3 Use of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4.4 Lands Unsuitable for Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4.5 Lands Requiring Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4.6 Requirements for Building Permits . . . . . . . . . . . . . . . . . . . . . . . . . 27 4.7 Model Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 4.8 Architectural Control Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 4.9 Requirements for Sale of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 4.10 Requirements for Occupancy Permit . . . . . . . . . . . . . . . . . . . . . . . . 32 4.11 Cash in lieu of Lands for Park or other Public Recreational Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 4.12 Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ARTICLE 5 - PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 5.1 Municipality Works Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 5.2 Utilities and Services Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 5.3 Owner's Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 5.4 Design of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 5.5 Engineering Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 5.6 Approval of Grading and Drainage Plan . . . . . . . . . . . . . . . . . . . . . . 38 5.7 Staging of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 5.8 Approval of Schedule of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 5.9 Approval of Works Cost Estimates and Stage Cost Estimates . . . . . . . 40 5.10 Requirements for Authorization to Commence Works . . . . . . . . . . . . 40 5.11 Requirements for Commencement of Subsequent Stages of Works . . . 43 5.12 Inspection and Stop Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 5.13 Construction in Accordance with Engineering Drawings . . . . . . . . . . . 44 5.14 Sequence of Construction of Works . . . . . . . . . . . . . . . . . . . . . . . . . 44 5.15 Completion Time for Construction of Works . . . . . . . . . . . . . . . . . . . 44 5.16 Additional Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 5.17 Incomplete or Faulty Works and Liens . . . . . . . . . . . . . . . . . . . . . . . 45 5.18 Acknowledgment Respecting Emergency etc. Repairs . . . . . . . . . . . . 47 5.19 Damage to Existing Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 5.20 Damage to Neighbouring Wells (Rural Applications Only) . . . . . . . . 48 5.21 Use of Works by Municipality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 5.22 Maintenance of Roads after Completion . . . . . . . . . . . . . . . . . . . . . . 50 5.23 Requirements for Certificate of Completion . . . . . . . . . . . . . . . . . . . 51 5.24 Requirements for Certificate of Acceptance . . . . . . . . . . . . . . . . . . . 51 5.25 Ownership of Works by Municipality . . . . . . . . . . . . . . . . . . . . . . . . 52 5.26 Requirements for Certificate of Release . . . . . . . . . . . . . . . . . . . . . . 52 5.27 Not Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 5.28 Cost of Works Referred to in Schedule "G" . . . . . . . . . . . . . . . . . . . 53 ARTICLE 6 - COMPLIANCE WITH REGULATIONS . . . . . . . . . . . . . . . . . . . . . 53 ARTICLE 7 - RESPONSIBILITY OF SUBSEQUENT OWNERS . . . . . . . . . . . . . . 53 ARTICLE 8 - TIME OF ESSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT . . . . . . . . . . . . . . . . . . . . . 54 =Subdivision Agreement THIS AGREEMENT made in quintuplicate as of this day of , 1996. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART - and - 290572 ONTARIO LIMITED (hereinafter called the "Owner") OF THE SECOND PART - and - CECIL AND HENRIKA ADEMA (hereinafter called the "Mortgagee") OF THE THIRD PART - and - ROYAL BANK OF CANADA (hereinafter called the "Mortgagee") OF THE FOURTH PART WHEREAS: A. The lands owned-by the Owner which are affected by this Agreement are described in Schedule "A" hereto, and are hereinafter called the "Lands'; B. The Owner represents and warrants that subject to Recital C it is the registered Owner of the Lands in fee simple absolute; C. The Owner represents and warrants that the mortgagees are the only mortgagee or chargees of the Lands; D. The Owner has received the approval of the Regional Municipality of Durham, to draft Plan of Subdivision 18T-94024 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; Subdivision Agreement 2 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-94024; H. This Agreement is made pursuant to the provisions of Subsection 51(6) of the Planning Act. It is authorized by By-law No. 96-12 passed by The Corporation of the Municipality of Clarington on January 15th, 1996. 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. (d) "Authorization to Commence Works" has the meaning assigned to it in paragraph 5.10 of this Agreement. =Subdivision Agreement 3 (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 tune. (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 time, and the term includes a successor by-law to By-law No. 92-105 which is passed under subsection 3(1) of the Development Charges Act. (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 time. Subdivision Agreement 4 (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. (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. -Subdivision Agreement 5 (ee) "Land Registry Office" has the meaning assigned to it in Schedule "A" of this Agreement. (ft) "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. Gj) "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. (pp) "Occupational Health and Safety Act" means the Occupational Health and Safety Act R.S.Q. 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. .Subdivision Agreement 6 (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) "Phase I of the Development of the Lands" means the development of the portion of the Lands which is within the draft 40M Plan of Subdivision, a copy of which is contained in Schedule "B". (uu) "Phase Subsequent to Phase I of the Development of the Lands"means the development of the whole, or any portion of the Land, which are not located within the draft 40M Plan of Subdivision contained in Schedule "B" after such draft 40M plan of Subdivision has been registered against the title to the portion of the Lands to which it applies, and if the first "Phase Subsequent to Phase 1 of the Development of the Lands" includes only a portion of the Lands which are not located within such draft 40M Plan of Subdivision, the term "Phase Subsequent to Phase 1 of the Development of the Lands" means the development of each portion of the Lands which is within a separate 40M Plan of Subdivision which is registered against the title to the portion of Lands to which applies. (vv) "Planning Act" means the Planning Act R.S.O. 1990 c.P.13 as it may be amended or replaced from time to time. (WW) "Reapproved Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this Agreement. (xx) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreement. Subdivision Agreement 7 (yy) "Region" means The Corporation of the Regional Municipality of Durham. (zz) "Related Works" has the meaning assigned to it in Schedule "G" of this Agreement. (aaa) "Road System" has the meaning assigned to it in Schedule "G" of this Agreement. (bbb) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this Agreement. (ccc) "Security for the Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(2) of this Agreement. (ddd) "Solicitor" means the Solicitor for the Municipality. (eee) "Stage Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this Agreement. (fff) "Staging Plan" means the staging plan for the Lands approved by the Director of Public Works pursuant to paragraph 5.11 of this Agreement. (ggg) "Stormwater Management System" has the meaning assigned to it in Schedule "G" of this Agreement. (hhh) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of this Agreement. (iii) "Street Lighting System" has the meaning assigned to it in Schedule "G" of this Agreement. "Temporary Occupancy Permit" has the meaning assigned to it in paragraph 4.10(2) of this Agreement. (kkk) "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. .Subdivision Agreement 8 (lll) 'Treasurer"'means the Treasurer of the Municipality or his designated representative. (mmm) "Tree Preservation Plan" has the meaning assigned to it in paragraph 4.1(1) of this Agreement. (unn) "Utilities and Services" means the utilities and services referred to in Schedule "H" of this Agreement. (000) "Works" has the meaning assigned to it in paragraph 5.1 of this Agreement. (ppp) "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 time. (qqq) "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" Subdivision Agreement 9 Schedule "W' - "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" 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 Subdivision Agreement 10 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 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 "E" and shall pay to the Municipality in cash or by certified cheque the amount which is equal to any tax, fee or cost payable at the time of or in respect of the registration of such transfers against the title to 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) thereof, but prior to the issuance of a building permit(s) for building(s) proposed to be constructed on a particular lot(s) or block(s), in the opinion of the Director further easements in such lot(s) or block(s) are required to be transferred to the Municipality, the Region of Durham, the Clarington Hydro-Electric Commission or other appropriate authority or company for Municipality purposes, Region of Durham purposes or for Utilities and Services, as the case may be, or for drainage purposes, the Owner agrees to transfer to the Subdivision Agreement 11 Municipality, the Region of Durham, the Clarington Hydro-Electric Commission or other appropriate authority or company, as the case may be, such further easement(s) forthwith after a written request to do so is given to it by the Director. Notwithstanding the foregoing, the Director shall not request such further easement(s), if its creation would prevent the erection of a dwelling on any part of a lot(s) or block(s) shown on the Plan. If further easements are requested to be transferred to the Municipality, the Region of Durham, the Clarington Hydro- Electric Commission, or other appropriate authority or company, as the case may be, the provisions of paragraph 2.4(1) shall apply with all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 2.4(2). 2.5 Transfer of Lands On the execution of this Agreement, the Owner shall deliver to the Municipality executed transfers, sufficient to vest in the Municipality title in fee simple absolute free and clear of all encumbrances and restrictions, of the lands set out in Schedule "F"hereto and shall pay to the Municipality in cash or by certified cheque an amount 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 - N/A (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. •Subdivision Agreement 12 (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 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) thereof, as the case may be. Without derogating from the foregoing, the Owner also hereby consents to the registration of an Inhibiting Order(s) or a Caution(s) against the title to the Lands or the relevant portion(s) thereof as the case may be, in order to give further effect to the foregoing and acknowledge that the 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 Subdivision Agreement 13 the ten (10) day period following the date on which such notice is given, the Owner will cease and will require all persons with whom it has a contractual relationship to cease constructing and installing the Works referred to in such written notice until the specified provisions of this Agreement have been renegotiated and any necessary amendment(s) made to this Agreement. The Renegotiation Events are the following: (i) the Region, the Minister, or the Ontario Municipal Board approves a final Plan of Subdivision for the said Lands which the Municipality considers to be substantially different from the 40M Plan proposed by the Owner; (ii) the final Plan of Subdivision is not approved by the Region and registered against the title to the Lands within eighteen (18) months after the date as of which this Agreement is made; (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 againsf the Municipality for compensation in respect of any of the Works, . Subdivision Agreement 14 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 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-94024 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-94024 approved pursuant to the Planning Act, 1983 being registered against the title to any one (1) or more •Subdivision Agreement 15 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-94024 for the purposes of this Agreement. All amendments necessary to this Agreement shall be considered to have been made to it and to the descriptions and references contained in it, including without limiting the generality of the foregoing, Scheduled "B","E","F","G", "N',"O","Pit and "Q", in order to replace the descriptions and references to the redlined draft Plan of Subdivision 18T-94024 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: 290572 Ontario Limited 58 Rossland Road West Whitby, Ontario L1G 2V5 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. =Subdivision Agreement 16 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. Subdivision Agreement 17 (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 'V 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 "I" or "II" of the Bank Act that is acceptable to the Municipality's Treasurer and continuing terms satisfactory to the Municipality's Treasurer. (The cash deposit(s) or letter(s) of credit which is (are) to be Subdivision Agreement Subdivision Agreement 18 deposited by the Owner pursuant to this paragraph 3.6 and other provisions of this Agreement are called the "Performance Guarantee".) In the event that the Owner does not increase the amount of the Performance Guarantee for a period of thirty (30) days following the giving of written notice by the Director to the Owner requiring an increase in the amount of the Performance Guarantee, (1) all Authorizations to Commence Work that have been issued shall terminate, and (2) the Owner shall not apply for or require the issuance of any permit for the construction of buildings or any part of the Lands pursuant to the Building Code Act. Without derogating from the other provisions of this Agreement, the Parties acknowledge that if the Owner deposits a letter of credit with the Municipality's Treasurer as the whole or part of the Performance Guarantee or an increase 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 and/or the implementation of this Agreement, or the design, construction and installation, supervision of construction and installation, inspection, and/or maintenance of the Works by the Owner, its employees, contractors, suppliers of services or materials, the 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 Subdivision Agreement 19 making any recommendation necessary for the Owner to achieve approval of the final Plan of Subdivision of the Lands and its registration against the title to the Lands. 3.9 Insurance The Owner shall obtain and maintain the insurance and deposit the proof thereof as required by Schedule "K" of this Agreement in accordance with Schedule W' of this Agreement. 3.10 Maintenance Guarantee Reguired (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 Subdivision Agreement 20 (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 Management System provided that such Certificate of Completion for the Stormwater Management System shall not be issued prior to the issuance of the Certificate of Completion for the Final Works. 3.11 Use of Maintenance Guarantee From time to time, the Municipality may appropriate the whole or any part of the Security for the Maintenance Guarantee if the Owner fails to pay any cost(s)payable by the Owner to the Municipality under this Agreement. The amount(s) of such appropriation shall not exceed the amount(s) which in the opinion of the Director are required to remedy the Owner's breach(es) or default(s) as determined by the Director of correcting or remedying a deficiency(s) or defect(s) in the Works or a portion or component thereof, which is covered by the Maintenance Guarantee and is in question. Forthwith after the Municipality makes any such appropriation, the Director shall give the Owner written notice thereof. Forthwith, after the giving of such notice, the Owner shall restore the Security for the Maintenance Guarantee to the full amount required by this Agreement. 3.12 Reduction and Release of Performance Guarantee (1) Prior to the release of the Performance Guarantee, in the discretion of the Director, the amount of the Performance Guarantee may be reduced, from time to time, to reflect the progress of completion of the Works and other facilities and improvements which are required to be constructed and installed by the Owner after taking into account any outstanding claims the satisfaction of which is provided for in this Agreement. The maximum reduction that may be permitted to be made by the Director is such that will leave on deposit with the Municipality's Treasurer as the Performance Guarantee an amount equal to the sum of (1) the value of the uncompleted Works and the other facilities and improvements as determined by the 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 Subdivision Agreement 21 contracts pertaining to the Works and the provisions of the Construction Lien Act. (2) The Owner will not require the Municipality to release to the Owner any unused portion of the Performance Guarantee until each of the following conditions is satisfied: (a) A Certificate of Completion has been issued for the Works for which the Performance Guarantee was initially required to be deposited with the Municipality. (b) The Owner has deposited or has left on deposit with the Municipality the Maintenance Guarantee applying to the Works for which the Performance Guarantee initially was required to be deposited with the Municipality. (c) The Director is satisfied that in respect of the construction and installation of the Works for which such Performance Guarantee was initially required to be deposited with the Municipality, there are no outstanding claims relating to such Works. (d) The Municipality is satisfied that there are no outstanding claims relating to the Works which the Municipality is required or may be permitted to pay either under the provisions of the Construction Lien Act or otherwise. (e) The Municipality is satisfied that the Owner is not in breach of any of its covenants contained in this Agreement. 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. Subdivision Agreement 22 (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. Subdivision Agreement 23 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 "II" 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) within Phase I of the Development of 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. • Subdivision Agreement 24 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. (3) Prior to the issuance of a building permit for the first (1st) dwelling proposed to be constructed in each Phase Subsequent to Phase I of the Development of the Lands, the Owner will deposit with the Town an Occupancy Permit Deposit in the amount produced by applying the Town's Occupancy Permit Scale which is current at the date on which the Occupancy Permit Deposit is required to be lodged with the Town to the number of lots within the phase in question. The provisions of paragraph 3.116(1) shall apply in respect of the Occupancy Permit Deposit for each Phase Subsequent to Phase 1 of the Development of the Lands, with all necessary changes thereto being considered to have been made to given effect to the intent of this paragraph 3.16(3). ARTICLE 4 - PLANNING 4.1 Tree Preservation Plan (1) Prior to the issuance of any Authorization to Commence Works the Owner shall have obtained the written approval of the Director 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: = j Subdivision Agreement 25 (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 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 Reguirements (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 acknowledge that the Landscaping Plan contained in Schedule "U" hereto is the Landscaping Plan for the purposes of this Agreement. (4) The Owner agrees at its cost to satisfy the following requirements: Subdivision Agreement 26 (a) all lots in Urban Areas are to be sodded and all lots in Rural Areas are to be sodded or seeded, as may be required by the Director of Planning,within one (1) year of occupancy of the dwellings; (b) except where otherwise provided in the Municipality's Design Criteria and Standard Detailed Drawings, a minimum of one (1) tree per lot shall be planted on the street allowances in accordance with the provisions of this paragraph 4.2(5); (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 Subdivision Agreement 27 The Lands shall not be used for any purpose other than the purposes set out in Schedule "M" hereto, provided that such purpose is permitted by the Municipality's By-law 84-63, as amended from time to time. 4.4 Lands Unsuitable for 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 for Phase 1 of Development of the Lands or for any Phase Subsequent to Phase 1 of the Development of the Lands, and the issuance of any Certificate of Acceptance of Works, do not constitute a representation or covenant by the 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: r Subdivision Agreement 28 (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 lot(s) or block(s) in respect of which an application for a building permit(s) is made, have been transferred to or reserved by the appropriate person as required by this Agreement. (b) All the roads which are required to be constructed to provide access to the proposed building in accordance with this Agreement, have been constructed at least to the completed base course of asphalt, and the Director has given the Owner his written approval of them as being sufficient to provide in his opinion adequate access to the proposed building(s). (c) All of the Works required to be constructed and installed under road(s) referred to in paragraph 4.6(b) have been constructed and installed to the satisfaction of the Director. (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. r Subdivision Agreement 29 (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. (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 Subdivision Agreement 30 Code, storage of combustible waste will be maintained in accordance with the Ontario Fire code, and open burning will not occur contrary to the Ontario Fire Code. (iii) The Owner has agreed with the Municipality to comply with the Ontario Fire Code with respect to Combustible Waste and Open Burning. (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 Phase I of the Development of the Lands or in a Phase Subsequent to Phase 1 of the Development of 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. Subdivision Agreement 31 (2) Prior to the date of issuance of any building permit for a model home(s), the Owner shall obtain the approval of the Director of the proposed access to the model home(s) in question. In each case, such access shall be to the satisfaction of the Director and the Municipality's Fire Chief. (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(l) 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; Subdivision Agreement 32 (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: (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 Subdivision Agreement 33 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 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 Subdivision Agreement 34 confirmation is provided to the aforesaid Director, the Municipality may retain the Occupancy Permit Deposit provided for by paragraph 3.16 of this Agreement, whether or not a Temporary Occupancy Permit has been issued, 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 "F". 4.12 Special Conditions (1) During construction on the Lands the Owner shall maintain fire access routes to the satisfaction of the Municipality's Fire Chief. (2) In cases in which an Appropriate Authority determines that the well or private water supply of any person is interfered with either as a result of the grading of, construction on, or the development of the Lands or any portion of the Lands, or as a result of the construction or installation of any of the Works, the Owner, at its cost, either shall connect the affected person to the Municipal water supply system or shall provide a new well or private water system so that water supplied to the affected person shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected person prior to the interference. (3) The Owner shall comply with the provisions of Schedule "Q" and Schedule 'T" hereto. (4) Any deadends aild/or open side of road(s) allowances created by this draft Plan shall Subdivision Agreement 35 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 Reguired The Owner at the Owner's expense shall construct and install the facilities, services, works, improvements and landscaping more particularly described in Schedule "G" hereto (collectively in this Agreement are called the "Works"). From the date of issuance of the Authorization to Commence Works until the date of issuance of a Certificate of Acceptance of them the Owner shall be fully responsible for the construction and maintenance of the Works including the cost thereof in accordance with the provisions of this Agreement. After the issuance of a Certificate of Acceptance, the Works referred to in such Certificate shall be the responsibility of the Municipality. 5.2 Utilities and Services Required Either prior to or forthwith after the date of this Agreement, the Owner shall enter into an Agreement(s) with the authorities or companies or company having jurisdiction in respect of the Utilities and Services referred to in Schedule "H" in the area in which the said Lands are located which provides for the matters referred to in Schedule "H". 5.3 Owner's Engineer (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 Subdivision Agreement 36 the Director written notice of the name, address and telefax number of the Owner's Engineer. No partnership, association of persons or corporation shall be retained as the Owner's Engineer without the prior written approval of the Director. All notices to be given to the Owner's Engineer are properly given if given by personal service, by telephonic facsimile communication, or first class prepaid post addressed to the Owner's Engineer at the address or telefax number provided to the Director pursuant to this paragraph 5.3. Forthwith after the Director gives the Owner written notice requiring it to do so, the Owner shall give the Director written notice advising him whether or not the approved Owner's Engineer continues to be retained by the Owner. (2) If at any time following the execution of this Agreement until the day on which a Certificate(s) of Acceptance has been issued for all of the Works in accordance with this Agreement, the Owner's Engineer resigns, abandons his office or is terminated by the Owner, the Owner shall give the Director written notice of that fact within three (3) days from the date of the resignation, abandonment or termination, as the case may be. Until such time as the Owner retains and notifies the Director of the name and address of a new Owner's Engineer who is qualified to be approved by the Director pursuant to this Agreement and who in fact is approved by the Director, the Owner hereby authorizes the Director on the Owner's behalf and 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 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 .'Subdivision Agreement 37 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 'Y 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 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 . Subdivision Agreement 38 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. 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 Subdivision Agreement 39 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. 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 Subdivision Agreement 40 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 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; ' Subdivision Agreement 41 (d) the Owner has paid to the Municipality any monies required by paragraphs 3.1, 3.2, 3.3 and 3.4 of this Agreement; (e) the Owner has delivered the transfers of easements to the Municipality in accordance with paragraph 2.4 of this Agreement; (f) the Owner has delivered to the Municipality transfers of the lands and paid the required cash in accordance with paragraphs 2.5. 2.6 and 4.12(4) of this Agreement, and such transfers have been registered against the title to the appropriate portions of the Lands; (g) the Owner has delivered to the Municipality letters signed on behalf of the authority authorities or companies having jurisdiction with respect to the Utilities and Services that are referred to in Schedule "H" that satisfactory Agreement(s)have been entered into by the Owner with them for the design, construction, installation and services of the Utilities and Services as is required by paragraph 5.2 of this Agreement; (h) the Owner has retained the Owner's Engineer in compliance with paragraph 5.3(1), has provided the name, telefax number and address of the Owner's Engineer to the Director in writing, has provided the Director with the written acknowledgement and permission of the Owner's Engineer as required by paragraph 5.5(2), and has provided the Director with the Owner's Engineer's written undertaking that they or it will comply with the provisions of Schedule "I" of this Agreement; (i) the Owner has been given the written approval of the Director of the Engineering Drawings as required by paragraph 5.5 of this Agreement; (j) the Owner has been given the written approvals of the Director of Planning and Development, Director of Public Works and Director of Community Services of the Tree Preservation Plan as required by paragraph 4.1 of this Agreement. (k) the Owner has received written approvals of the Director of Planning and the Director of Public Works of the Landscape Plan as required by paragraph 4.2 of this Agreement; (1) the Owner has received the written approval of the Director of the Grading and Drainage Plan required by paragraph 5.6 of this Agreement; Subdivision Agreement 42 (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.$ 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; (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 Subdivision Agreement 43 Services as required by paragraph 4.12 of this Agreement. (2) Notwithstanding the provisions of paragraph 5.10(l), the Owner may commence the construction and installation of the Works with the written approval of the Director prior to the registration of the Plan of Subdivision referred to in paragraph 5.10(1)(b), provided that the requirements of clauses 5.10(1)(d), (g), (h), (i), 0), (k), (1), (m), (n), (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 the Lands and all the other requirements of this Agreement respecting the issuance of a Certificate of Completion have been satisfied. Notwithstanding the approval of the Director under this paragraph 5.10(2), the Owner agrees with the Municipality that the construction or installation of any of the Works pursuant to paragraph 5.10(1), if undertaken, shall be undertaken at the sole risk of the Owner and the Owner hereby waives any right that he might otherwise have as a result of its construction and installation of any of the Works. 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 Subdivision Agreement 44 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 T". (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 Subdivision Agreement 45 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 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 igtegrity of the Works or any component thereof as determined by the • Subdivision Agreement 46 Director in his absolute discretion, any deficiency(s) or defect(s) in the Works, and any failure to complete the Works and all components thereof in accordance with this Agreement may be corrected, remedied or completed by the Municipality its contractors, suppliers and employees at the cost of the Owner without prior notice to the Owner, provided that forthwith after the Municipality so acts, the Director shall give written notice to the Owner of his determination as aforesaid, describing the action taken by the Director, and the cost of correcting or remedying the deficiency or default in question or the cost of completing the Works and the components thereof, as the case may be. For the purposes of this paragraph 5.17(1) the cost of any work which the Municipality undertakes under this paragraph 5.17(1) shall be determined by the Director in his absolute discretion. It is understood and agreed by the Parties that the costs for which the Owner is responsible under this paragraph 5.17(1)shall include a management fee payable to the Municipality either of thirty(30%)percent of the contractor's charges to the Municipality (including any charges for overhead and profit) or, if such work is undertaken by the Municipality, thirty (30%) percent of all costs incurred by the Municipality to correct or remedy the deficiencies or defect or to complete the Works and all components thereof as the case may be. The Owner shall pay the Municipality an amount equal to the cost of all Works and components thereof, and the cost of correcting or remedying all deficiencies and defects referred to in this paragraph 5.17(1) which have been incurred by the Municipality or are estimated in the Director's absolute discretion to be likely to be incurred by the Municipality forthwith after the Director gives the Owner written demand for payment of such cost. If the amount paid is based on the Director's estimate as aforesaid, forthwith after actual costs are 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 sante. The Municipality may draw on and appropriate the whole or any Subdivision Agreement 47 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. 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 Subdivision Agreement 48 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 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 him. In addition to the foregoing, the Owner shall cause the Hydrogeologist to prepare separate reports, to the satisfaction of the Director for each and every occurrence of apparent well Subdivision Agreement 49 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) H an Appropriate Authority determines that the well or private water supply of any person(s) outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works: (a) where the interference to a well or private water supply is of short term duration (i.e. during the course of dewatering and excavation and within one (1) month of 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 Subdivision Agreement 50 for any of the purposes for which the Works are designed, without interference by the Owner, and without the payment of any fee or compensation to the Owner, and for such purposes the Municipality and other person(s) authorized by the Municipality may enter upon the portion(s) of the Lands on which the Works are located. 5.22 Maintenance of Roads after Completion (1) In addition to any other requirement of this Agreement that the Owner maintain the Works, if any building(s) on the 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 times in a well drained, dust and mud free condition, suitable for ordinary vehicular traffic, to the approval of the Director; (b) during the course of construction and installation of the Works, Utilities and Services pursuant to this Agreement,provide and maintain safe and adequate access to all occupied buildings; and (c) erect a sign to the satisfaction of the Director to indicate that the road(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 . Subdivision Agreement 51 dedicating the road(s) as public highway(s) and assuming it for the purpose of liability to repair and maintain it as provided by the Municipal Act, and such By-law has been registered in the Land Registry Office. 5.23 Requirements for Certificate of Completion The Owner acknowledges and agrees that the construction and installation of any of the Works authorized in an Authorization to Commence Works shall not be deemed to be completed for the purposes of this Agreement until the Director has provided the Owner with written certificate that such is the case (the "Certificate of Completion"). In addition to satisfying the other requirements of this Agreement respecting its issuance, a Certificate of Completion shall not be issued until such of the Works authorized by the Authorization to Commence Works for which a Certificate of Completion is required, have been inspected by the Director, and he is satisfied such Works have been constructed and installed in accordance with the Engineering Drawings and has received all certificates and confirmations from the Owner's Engineer as provided for in this Agreement. 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 without limiting the generality of the foregoing, if the Director is of the opinion that the Works in question have been maintained in accordance with paragraph 3.10 and all deficiencies and defects in such Works have been remedied and corrected by the Owner, and the Director reports his opinion that such Works should be accepted by the Municipality for the Municipality Subdivision Agreement 52 Council, Council may approve the report of the Director. Following Council's approval of this report as aforesaid the Director may provide the Owner with a Certificate of Acceptance of the Final Works. 5.25 Ownership of Works by Municipality For greater certainty, the Owner acknowledges and agrees that the Municipality is the Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall have no right or claim thereto, other than as an owner of land abutting a highway in which such Works are installed. 5.26 Requirements for Certificate of Release Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this paragraph 5.26, and the Works located thereon have been constructed, installed and accepted by the issuance of a Certificate of Acceptance, the Municipality shall provide the Owner with a written release (the"Certificate of Release") respecting the Lands, for which a Plan of Subdivision has been registered. The Certificate of Release shall be in a form suitable for registration or deposit in the proper Land Registry Office. In addition to the Owner satisfying the other requirements of this Agreement respecting the issuance of a Certificate of Release, the Certificate of Release shall not be issued until: (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 • Subdivision Agreement 53 (1) the Owner's obligation respecting drainage as provided in this Agreement, and (2) the Owner's covenant to comply with the requirements of this Agreement in respect of applications for building permits for dwellings on the Lands. 5.27 Not Used 5.28 Cost of Works Referred to in Schedule "G" The Owner acknowledges and agrees that it will pay the total cost of the Works referred to in Schedule "G" hereto. The Owner will not seek any credit or rebate for or of any part of the total cost of the Works by reason of any of them being oversized to accommodate drainage or traffic from lands outside the limits of the Lands, whether from or in respect of a development charge imposed by the Development Charge By-law, or in any other manner, or for any other reason. ARTICLE 6 - COMPLIANCE WITH REGULATIONS In exercising its rights and in performing its covenants under this Agreement, the Owner shall comply with all regulations and laws of general application and all by- laws of the Municipality and the Region. Without limiting the generality of the foregoing, at all 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 questiop; and Subdivision Agreement 54 (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. Subdivision Agreement 55 SIGNED, SEALED AND } THE CORPORATION OF THE } MUNICIPALITY OF CLARINGTON DELIVERED } } } Mayor In the presence of: } } } } C1 k } } } } 290572 ONTARIO LIMITED } } } Name/' am Title: } } } } Name: Title: } } } } CECIL ADEMA Name: Title: } } } } N�NaR��v� rnA2rr4 } 1910FIELik ADEMA } } } Name: Title: } } } } ROYAL BANK OF CANADA } } Name:0, 6 . C Title: se, Atcoc)x r } MavA�G� } I/WE HAVE AUTHORITY TO BIND THE BANK r e Subdivision Agreement 56 SCHEDULE "A" , THIS SCHEDULE IS SCHEDULE"A"to the Agreement which has been authorized and approved by By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. LEGAL DESCRIPTION OF LANDS All and singular that certain parcel of land and premises, situated, lying and being in the Municipality of Clarington and the Regional Municipality of Durham, and being comprised of part of Lot 29, Concession 2, in the former Town of Newcastle, now the Municipality of Clarington, Regional Municipality of Durham, now designated as Part of Part I, on plan of Survey deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40) (the"Land Registry Office") as plan IOR-3998 and Parts 1, 2, 3 and 4 on plan 40R 16738 and Block 34 on Registered Plan 40M-1815. Subdivision Agreement 57 SCHEDULE "B" THIS SCHEDULE IS SCHEDULE"B"to the Agreement which has been authorized and approved by By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. PLAN OF SUBDIVISION (Insert reduction of Plan 18T-94024) b 1 I S•yORT CRESCENT '1 - r;' 3I � �-- >UBJECT DEVELOPIIENt + r BLK /90 1 1 I ANO,OR DEVELOPED 3 0 BY APPLICANT .I I 1— - — — — — — — — I 3LK 1105 1 I BLK�1041 3L1�' 010 `•"�"`� KEY PLAN sc,LE Ll0000 °` ' - - - I DR FT Af�PR0VE0 PLAN I I PROPOSED OF s SDI ISI N I DRAFT PLAN BLK 99 IB -8 92 PART OF LOT 29, CONCESSION 2 — — — — — — — I 23.0 MUNICIPALITY OF CLAR I NGTON -.-:. ----1 _ ILK I/061 ( BLKII 1071 1 BLM "I I (FORMERLY THE TOWN OF NEWCASTLE, REGIONAL MUNICIPALITY OF DURHAM LAND USE SCHEDULE I / I BLK 98 �• �� I . I I I -_...�, I I LOY DENSITY LOTS IMITS AREA ! N19' •la'E EINCd FAMILY OIBLINO- 124 Y YIN FUTAOE 1 ! •22260a. LOY6 I TO 9 INCLIRIY6 S 9 0 I IO II ( C•2e�39 901 O6Te &IN9 O II - 101.0•YIN gYIIII [ Lon a.r.It 6 9 a o.In w MEDIDY DENSITY O'IY'/6'• 62\N6 STREET TRYae m — — • aLaTOT 9. w s 11 12 0 178 YA`Nib 1 — — — — — — — — — — — / w roTAL AIfA zs o.m w 29. 32. PIIEY1018""A".iaf-NM2 ' p aLOCa4 111 AMO 112 OIw NIA .I .BLK i -y-.,� BLl< I L i_L 9 - 95 I 94 U It = ADDITIONAL INFORMATION REW IRED UNDER SECTION SO OF THE PLANNING ACT � 38. z E-will-OaAFr Ar+Y9w PLAM 1ST aaE,lanoRlr., — — — — — — — — — — — — In wY-9nFT NT•aaRS PLAN 010.47 a:NR1m1TIN., p'Idl IX/Sr Q O NI6•la' 'Y I NORTH,Ea1STlW MIDWIAL 2.9 WENST I•ED ORYTPAPIIOR®alai-eTOR NB10fllf TALI 1-sAMDY.w. - W Ic-AU YIMICIPK 110"'(ES ro at F 10E10 tYTaT R•la.xi I 2 3 4 5 6 I8 m % I 97 L-Ya XSSTIIICTIRE C0wa1T.ow EAmom Aaar c•s.i3 :. � I ( i OWNER'S CERTIFICATE SURVEYOR'S CERTIFICATE N 5.31'S7'f N•{wN.ff M P1NI M !M MM 1•R MIWO Y 12.0 MONAD NOI•I{14 OOOI U RN RYI M MIA 12.0 12-0 12.3 18.3 101_ 16.5 - 2905 22 ONTARIO LTD �TaMIp n tl.r�f ue�6 01Yltt N%OYTLT AN1 HOOOAi 11100 h°'� N Ia•0T•w•Y 100.56 DONEVAN LTD 134 l — IX/arlAi — •30.0 IMYN ENO YIROOII{ �tp� cA•Aar 0. AVONDALE AVONDALE 'DRiYE... BILK l 12 C-10.501 I nlr,MRla. — — — — — N7•Sa'2t'Y — oArz wR I} --- M Ircvlclos - i 43 44 45•,.,, 46 60 61 62 COURTICE CROSSINGS DRAFT PROV- PLAN OF SDIVIS`ON DRAFT PLAN OF y _ _ _ _ _ - D J I T-8709 Z 230 SUBDIVISION 0 o ppp 0 42 47 Q 58 63 /. _ 0 ' — — — — / Q0.�IAa9h�A��69el�tw LJmltaYd Q ? O O n O Y I b ( n D •n O 1 n O • f• W �' ".loiaiNe e�e�i-seo vwa•� s,eie�•�ao P • •o °CALF' NONz 1 1ON 94071 OMEN aT, D.I.P Y.E.T. 1W M. ®la.. D I.P DP- I •llr NSVnn aaa®eT• a.C.c. - 'OT wtt�w.2a.w vOYlY1aN pArz• NpFEYYEA 19N Subdivision Agreement $g Schedule "B" -2- (Insert reduction of the 40M Plan) 15T- (, I u PLAN 40M- __------ I I I calm pUr sa nar(4011--M KO»1p1[D I (T N x LAND On x lMM»11 U DU*" _ K O I (71 I (V I mEmm 10 PAJM;fl lei AO aa11[C N x 11 A"IDAII_--.AMO M Asw0 O 000Ae T A/TDAMTf AIIC IILpST01m A7 HAM OOOU11C11T Np 1Y S I II . I LAW RMSTRAR n I?S (L 1 _ I a PART 1, NOTE I i PLAN 10R-2793orrA"pE, •A"TW, »-L INST.X0.0441104 R aOTT P R4° 1. IN. PLAN 40ft-1E29B I ss.acr TO fASOAO,r u t[r our w s»Ma1 AND IT P T \ ;Mi �—► PMT 1 I �. +, �Arr PLAN OF SUBDIVISION �„ym' PMi _ S �,_ r�_H_ PMT 1a/ REGISTERED PLAN 40M-1815 ' / ( PMT — - -11 I ►MT 11 AND PART OF LOT 29, CONCESSION 2 PUT J.0 , T j q(C, GEOGRAPHIC TOWNSHIP OF DARLINGTON �T Tg,A now In the l Y I j ' MUNICIPALITY OF CLARINGTON i I I I REGIONAL MUNICIPALITY OF DURHAM I I �r gv SCALE 1 : 500 BLOCK 1 W. JOHN BURG, O.L.S. 1995 LEGEND w-lApw AAt AAf1o1pAC A10 Iva Inwo TO x MI.* i a o VWW.mov -o-mom was sm WT 0. j •'� -o+Doan awow�w 00 I I I a lr s 1t 12 w�aM a am I Q O .( w 0pp0go=wr=sm 0. i wA mAD W»3 On mm a-m ow-m N i O*XWS CERTIFICATE 8.. 11AA cot vv To 1ry oI j- .r `um*AI'10M IwK.m1 w our r Aoc�MMx I I v I 1[V NsQ I u j d W £y PAID x Mr or (M I D}FI' xQ 290572 ONTARIO LTD. I I I T��� J rr[orwv . � BLOCK 3 � --_ dd I� _ — j � SIMVEYOR•CERTIFICATE WI VAT AMD HAM wa owner Alp N ACCmNI(f BLOCK 34 ADD u'#o�a eMAO' Jd 1vs1 silts ACT me x PAW&44-1 L x wATar w assl[1D ON la LAY OF IM. MnW 7L00 �yf secTM in I fou-1ue I I 1.0T ?0 W w: °GM01MO j AOT A�q p o!.1,Mw 1 zAm�N p x RIM/»AC[LLP MM r._._._.—.—._. IN (w w r Mr u r—al I I LOT 1�3 N wsm WOW x awrausa Cr sa AND" mr�Quo BLOCK 37 . j wnT v ou1�w wa Mwawlo Anom n �AAVOawr 1s J"•..Jr..!rN. I r f�.EJ. •10M 1Hi5 SANDRINOHAM DRIVE: uw won eAUCtbur w W "70 n MOM=ALAM rm-INq DOFEYAN F1EISCFMIANM PETRlO11 LTD. FARM mei 1.1(C➢al ICV-16» ONTAW LAND 9JRVETORS 1=T11 mu"eao s0u111 091AWA UJ ee. ( Ts-a» uA-nw MAr m 10 ore.m Au I I W A1A 0*AWr 18T- PLAN 40M— -------- -1 1 CERrfY MAT MIS 13 "IA�L7 OF rat ME Lk�t?M AT O'CLOCK ON OF DAY TK Ei�E , &,e tWIV" OF A NEWWR TOR ARM F*A.TS K*S7ERCD AS PLAN 00M)LOM Nk n. < LAO�REQSI;A NOTE 44 W PARCEL"-L 9LOCK 43 PLAN 40R-162rA.— fir -PMT I PART A-RT PART 2 AP. %Aftt .I PLAN 4om-15401— 41 �mm• PAAI 1- PLAN OF SUBDIVISION PLAN 4OR- OF PART OF LOT 29, CONCESSION 2 ? GEOGRAPHIC TOWNSHIP OF DARLINGTON 5 now In the - --------- MUNICIPALITY OF CLARINGTON 72 REGIONAL MUNICIPALITY OF DURHAM "6 SCALE I : 500 --------_--- X JOHN BURG. O.L.S. 1995 4 LEGEND A amms"sm It I raw DV*=STAMW"BAR K, .5 OHMS Mat StA= Z1, X mRs W A( 1. I < ms ALL roux -S AM kftm row oRaRrx. t:7p G � lW'I 6 n, OWNER'S CERTIFICATE A 0 I on WM NY w Accow"a cr VAflm IK DAY C' ---------- Ifs 7 :r 290572 ONTARIO I.M. 0 --- ----------- 0 SURVEYOR' CERTIFICATE 7 8 .............. • j -EW.AR&4 yADt CNEL.MIL 0—u— OT —,WCTKIN 4OW-1815 ....... ....... C C — —-—-—-—•— Kc-," ft— Mma m Gr.ICE RAS KaavI 'T CY wMA`NAt WK-10 A�M L» 0.t AND lKSMN A I q Z"wnm DONEVAN FLEISCHUANN PETRICH Lm. ONTARIO LAND SURVEYORS 13M MORNTON ROAD MUM WTI 2 0S1ARA LIJ OC4 --- r 3. T_ . Subdivision Agreement 59 SCHEDULE "C" THIS SCHEDULE IS SCHEDULE"C"to the Agreement which has been authorized and approved by By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. CHARGES AGAINST LANDS (1) Municipal Taxes to be paid upon executed, if applicable. (2) Local Improvement Charges to be paid upon executed, if applicable. (3) Drainage Charges to be paid upon executed, if applicable. Subdivision Agreement 60 SCHEDULE "D" THIS SCHEDULE IS SCHEDULE "D"to the Agreement which has been authorized and approved by By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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 (5) single family dwellings; (6) semi-detached dwellings; (12)townhouse dwellings(collectively referred to as the"Total Dwellings") on the occasions set out below. Subject to the adjustments referred to in paragraph 3.4(1) of this Agreement the aggregate amount so payable is ($108,953.00) dollars payable as follows: I. PHASE 1 OF THE DEVELOPMENT OF THE LANDS Phase I of the development of the Lands consists of 12 Townhouse units. Subject to the adjustment referred to in paragraph 3.4(1) of this Agreement the aggregate amount payable is Fifty Two Thousand, Five Hundred and Fifty-Two Dollars ($52,512.00) payable as follows: (a) Thirty Three point Three (33.3%) percent of the aforesaid aggregate amount being seventeen thousand, five hundred and four dollars (17,504.00) 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 thirty- three point three(33.3%)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) Thirty-Three point three (33.3%) percent of the aforesaid aggregate amount being 17,504.00 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 sixty six (66 %) 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 Subdivision Agreement 61 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) The remainder of the aforesaid aggregate amount being 17,504.00 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. II. PHASE SUBSEQUENT TO PHASE I OF THE DEVELOPMENT OF THE LANDS (a) Twenty-five (25%) percent of the aggregate amount in respect of dwellings proposed for each Phase Subsequent to Phase 1 of the Development of the Lands on the filing of an application for a building permit for the first (1st) dwelling proposed to be constructed on the Lands (the "First Application"", provided that if the number of building permits for which applications are made in the first (1st) year following the making of the First Application exceeds twenty-five (25%) percent of the Total Dwellings, the Owner shall pay with each application for a building permit of each additional dwelling a further amount equal to the amount of the Development Charge imposed by the Development Charge By-law for the additional dwellings in question (the "First Excess Payment"). (b) Twenty-five (25%) percent of the aggregate amount in respect of dwellings proposed for each Phase Subsequent to Phase I of the Development of the Lands, 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(1)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 and dwellings in question (the"Second Excess Payment"). (c) Twenty-five (25%) percent of the aggregate amount in respect of dwellings proposed for each Phase Subsequent to Phase I of the Development of the Lands, 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 making of the First ' Subdivision Agreement 62 Application exceeds seventy-five (75%) percent of the Total Dwellings, the Owner shall pay with each application for a building permit for each addition 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 aggregate amount in respect of dwellings proposed for each Phase Subsequent to Phase I of the Development of the Lands,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. r Subdivision Agreement 63 SCHEDULE "E" THIS SCHEDULE IS SCHEDULE"E"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. _ (1) On the execution of this Agreement, the Owner shall deliver to the Municipality transfers of the following easements: (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. (5) Easements within each Phase Subsequent to Phase 1 of the Development of the Lands as may be required by and to the satisfaction of the Director, shall be transferred by the Owner to the Town prior to the registration against title of the 40M Plan of Subdivision for the Phase in question. 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 Town's Solicitor, shall be made for a nominal consideration, and shall be in registrable form. Prior to the registration of the transfer(s) of such easements against the title to the applicable Lands, the Owner agrees*ith the Town that it will not require the issuance of building permits Subdivision Agreement 64 for the construction of buildings or structures on the portion of the Lands within the 40M Plan of Subdivision in question. Subdivision Agreement 65 SCHEDULE "F' THIS SCHEDULE IS SCHEDULE "F' to the Agreement which has been authorized and approved by By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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: (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 $11,900.00, 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 $238,000.00 dollars. Subdivision Agreement 66 SCHEDULE "G" THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized and approved by By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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"). I ti Subdivision Agreement 67 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 Dnedx. (2) INITIAL WORKS - Storm Sewer System including all appurtenances; - initial roadworks including subgrade, subbase and base granular materials, subdrams, 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". ' Subdivision Agreement 68 SCHEDULE "H" THIS SCHEDULE IS SCHEDULE"H"to the Agreement which has been authorized and approved by By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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, i Subdivision Agreement 69 Schedule "H" -2- provision 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. ' Subdivision Agreement 70 SCHEDULE "I" THIS SCHEDULE IS SCHEDULE "I"to the Agreement which has been authorized and approved by By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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. i r Subdivision Agreement 71 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", "J" AND "L" 3. PROVIDE RESIDENT SUPERVISION The Owner's Engineer shall provide fully qualified, experienced supervisory layout and inspection staff, acceptable to the Director, to provide continuous inspection service during all phases of the construction and installation of the Works and the private works. 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, retaking. (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. ' Subdivision Agreement 72 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. Subdivision Agreement 73 SCHEDULE "J" THIS SCHEDULE IS SCHEDULE"J" to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. WORKS COST ESTIMATES 1. Boulevard and Driveway Work $ 4,800.00 2. $ 6,000.00 Sub-total 10.800.00 5 % Contingency Allowance $ 540.00 Sub-total $ 11,340.00 10% Engineering Allowance $ 1.134.00 Sub-total $ 12,474.00 G.S.T. Allowance $ 873.18 Total Estimated Value of the Works: $ 13,347.18 Total Amount of Performance Guarantee: $ 13,347.18 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. Subdivision Agreement 74 SCHEDULE "K" THIS SCHEDULE IS SCHEDULE"K"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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 the sails Lands together with any or all of the Works, Utilities and Services pertaiging thereto. Subdivision Agreement 75 Schedule "K" -2- 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 coverages for five million ($5,000,000.00) dollars for all damage arising out of one (1) accident or occurrence or series of accidents or occurrences. The issuance of such policy or policies of insurance or the acceptance of it or them by the Municipality shall not be construed to relieve the Owner from responsibility for other or larger claims for which it may be held responsible. 3. EXEMPTION OF COVERAGE PROHIBITED The policy or policies of insurance shall contain no coverage exemptions or limitations for: (a) any shoring, underpinning, raising or demolition of any building or structure (b) any pile driving or caisson work; (c) any collapse or subsidence of any building, structure or land from any cause; or (d) any storage, handling or use of explosives in cases in which the Owner is required to obtain the Director's permission to carry out a blasting operation under Schedule T" 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. • Subdivision Agreement 76 I SCHEDULE "L" THIS SCHEDULE IS SCHEDULE"L"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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. S. 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. Subdivision Agreement 77 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 Subdivision Agreement 78 Schedule "L" -3- engineer, shall issue a certificate in a form acceptable to the Director, confirming, based on the location, frequency and type of tests and monitoring and the results of such tests or monitoring, that he is satisfied with the materials testing methods used and that the results conform to the requirements of paragraph 8(1) of this Schedule (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 tprmination of the stop work order. Subdivision Agreement 79 Schedule "L" - 4 - 11. MAINTENANCE. CLOSING AND USE OF EXTERNAL ROADS The Owner shall, at all times during the life of this Agreement ensure that during any construction on the said Lands, all public highways abutting the said 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 tunes, the Owner shall maintain all such highways free of dust and mud which originate from the Lands. If, in the opinion of the Director, a highway has been damaged as a result of the construction, installation or maintenance of the Works, or the development of any portion of the Lands as a result of any action or default by any person other than the Municipality, its agents, employees or contractoz s, 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*reed and rat control to the satisfaction of the Director. Subdivision Agreement 80 SCHEDULE "M" THIS SCHEDULE IS SCHEDULE"M"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January 1996. 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 Phase I Street Townhouse Units Blocks 1 to 3 Phase II Single Family Dwelling Units Lots 1 to 5 6 to 8 Semi Detached Dwelling Units < Subdivision Agreement 81 SCHEDULE "N" THIS SCHEDULE IS SCHEDULE "N"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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 Phase II all Lots and The Owner shall not Blocks require or cause or suffer any person to require building permits to be issued until such time as the streets abutting said lots/blocks are extended and completed to full urban standards to the satisfaction of the Director. Subdivision Agreement 82 SCHEDULE "O" THIS SCHEDULE IS SCHEDULE "O"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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 - Subdivision Agreement 83 SCHEDULE "P" THIS SCHEDULE IS SCHEDULE"P"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. - NOT APPLICABLE - ' Subdivision Agreement 84 SCHEDULE "O" THIS SCHEDULE IS SCHEDULE"Q"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. CONSERVATION AUTHORITY'S WORKS 1. Prior to the final approval of the plan and/or the commencement of site preparation, including any filing, grading, or construction of services, the Owner shall obtain Central Lake Ontario Conservation Authority approval of: a) site grading plans which detail 100-year overland flow routing; and, b) 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 shall contribute towards remedial erosion control work on the Black Creek to the satisfaction of the Municipality of Clarington and the Central Lake Ontario Conservation Authority. 3. The Owner shall agree to carry out or cause to be carried out to the satisfaction of the Central Lake Ontario Conservation Authority: a) site grading, erosion and sediment control and storm runoff overland flow routing; and, b) the erosion control compensation program for the Black Creek, referred to in Condition 2 above. i I Subdivision Agreement 85 SCHEDULE "R" THIS SCHEDULE IS SCHEDULE"R"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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. Subdivision Agreement 86 SCHEDULE "S" THIS SCHEDULE IS SCHEDULE "S"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. REGION'S CONDITIONS OF APPROVAL DATED 1. The Owner shall prepare the final plan on the basis of the approved draft plan of subdivision,prepared by D.G. Biddle&Associates Limited, identified as job number 94071, dated November 28, 1994, which illustrates 5 lots for single detached dwellings, 3 lots for semi-detached or link dwellings (6 units), and 3 blocks for 12 on- street townhouse dwelling units. 2. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 3. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 4. The Owner shall convey all reserves to the Municipality fs Clarington free and clear of all encumbrances. 5. 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. Alternatively, the municipality may accept cash-in-lieu of such conveyance. 6. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate. 7. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 8. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Municipality of Clarington for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to tune. 9. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Municipality of Clarington Director of Planning and Development to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 10. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Municipality fs Clarington Director of Public Works for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to tune. 11. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation plan to the Municipality of Clarington Director of Planning and Development for review and approval. 12. Prior to any on-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval of the Ministry of Natural Resources for reports describing the following: F Subdivision Agreement 87 a) the intended means of conveying stormwater flow from the site, including use of stormwater management techniques which are appropriate and in accordance with the provincial "Urban Drainage and Design Guidelines", April 1987, and "Interim Stormwater Quality Control Guidelines for New Development", May 1991; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial "Guidelines on Erosion and Sediment Control for Urban Construction Sites"and Technical Guidelines-Erosion and Sediment Control, February 1989, published by the Ministry of Natural Resources; Note: Ponds for temporary sediment control should be capable of accommodating 125 cubic metres/hectare of contributing drainage area for a period of not less than 12 hours or removing particle sizes down to 40 microns. d) An erosion and sediment control plan for the development site which outlines all actions to be taken to prevent an increase in the concentration of suspended solids in any water body as a result of on-site or other related works. Any increase in concentrations of suspended solids or sediment loading may be applied to the proponent and their agents. e) site soil conditions, including grain size distribution profiles; and f) site grading plans. 13. Prior to the final approval of the plan and/or the commencement of site preparation, including any filing, grading, or construction of services, the Owner shall obtain Central Lake Ontario Conservation Authority approval of: a) site grading plans which detail 100-year overland flow routing; and, b) erosion and sediment control plans,which provide for the on-site containment of sediment, during the grading and construction phases of development. 14. The Owner shall contribute towards remedial erosion control work on the Black Creek to the satisfaction of the Municipality of Clarington and the Central Lake Ontario Conservation Authority. 15. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this land that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 16. Prior to entering into a subdivision agreement,the Regional Municipality of Durham shall be satisfied that adequate water pollution control plan and water supply plan capacities are available to the proposed subdivision. 17. The Owner shah satisfy all requirements,financial and otherwise, of the Municipality Subdivision Agreement 88 of Clarington. This shall include, almond other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington. This shall include, almond 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. 18. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 19. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner shall agree to carry out or cause to be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority: i) site grading, erosion and sediment control and storm runoff overland flow routing; and, ii) the erosion control compensation program for the Black Creek, referred to in Condition 14. b) The Owner agrees to carry out the works referred to in Condition 12 to the satisfaction of the Ministry of Natural Resources. c) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Ministry of Natural Resources. d) The Owner agrees to advise the Ministry of Natural Resources 48 hours prior to commencement of grading or the initiation of any on-site works 20. 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, 14 and 17 have been satisfied; b) the Central Lake Ontario Conservation Authority, how Conditions 13, 14 and 19a) have been satisfied; and c) the Ministry of Natural Resources, how Condition 12, 19c) and 19d) have been satisfied. it Subdivision Agreement 89 SCHEDULE "T" THIS SCHEDULE IS SCHEDULE "T"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January6, 1996. TREE PRESERVATION PLAN - NOT APPLICABLE - Subdivision Agreement 90 SCHEDULE "U" THIS SCHEDULE IS SCHEDULE"U"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. LANDSCAPING PLAN Landscaping plan incorporated in Subdivision Agreement for Plan 18T-87092. { Subdivision Agreement 91 SCHEDULE "V" THIS SCHEDULE IS SCHEDULE"V" to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. REQUIREMENTS OF OTHER AGENCIES A. MINISTRY OF NATURAL RESOURCES Prior to any on-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval of the Ministry of Natural Resources for reports describing the following: a) the intended means of conveying stormwater flow from the site, including use of stormwater management techniques which are appropriate and in accordance with the provincial "Urban Drainage and Design Guidelines", April 1987, and "Interim Stormwater Quality Control Guidelines for New Development", May 1991; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial "Guidelines on Erosion and Sediment Control for Urban Construction Sites" and published by the Ministry of Natural Resources; Note: Ponds for temporary sediment control should be capable of accommodating 125 cubic metre/hectare of contributing drainage area for a period of not less than 12 hours or removing particles sizes down to 40 microns. d) An erosion and sediment control plan for the development site which outlines all actions to be taken to prevent an increase in the concentration of suspended solids in any water body as a result of on-site or other related works. Any increase in concentrations of suspended solids or sediment loading may be violation of the Canada Fisheries Act. If warranted, charges under this act may be applied to the proponent and their agents. e) site soil conditions, including grain size distribution profiles; and f) site grading plans. 2. The Owner agrees to carry out the works referred to in Condition 1 above to the satisfaction of the Ministry of Natural Resources. 3. The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Ministry of Natural Resources. 4. The Owner agrees to advise the Ministry of Natural Resources 48 hours prior to commencement of grading or the initiation of any on-site works. Subdivision.Agreement 92 SCHEDULE "W" THIS SCHEDULE IS SCHEDULE"W"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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. i t ~ Subdivision Agreement 93 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. >.%x x � �, I „ ;,,zF , . w, ;: } 'e' Z rF rz i - ; ct m �s sC ra x J f i �r k«t Y h ,e ``, y "I- t^!LF?r x' i t t C 4 h yr 7 �n 1 a "rx"ll� A ,7g >L=f*fF £ y f a,' t v��'E'4V a1_', ", �{yr rx ,, i. 3y Ix r rk�7,, ,; y"�''+ .. 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"k 4 -C`' gi..I.x 11 V fr! ,` ;, .4 {:}_ rj' t t' i 1 9 7 �r * .', 2 t i t I 11 i $T .3 s .'Ikdn% 290572 ONTARIO LIMITED SUBDIVISION AGREEMENT WITH THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DRAFT PLAN OF SUBDIVISION NO. 18T-94024 NOW PLANS OF SUBDMSION 40M-1839 AND 40M-1840 290572 ONTARIO LIMITED SUBDIVISION AGREEMENT WITH THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DRAFT PLAN OF SUBDIVISION NO. 18T-94024 NOW PLANS OF SUBDIVISION 40M-1839 AND 40M-1840 INDEX 1. Subdivision Agreement registered as Instrument No. LT 750873 2. Certificate of Solicitor Transfers outside of Plans of Subdivision 3. Transfer of Storm Sewer Easement over Parts 10, 11 and 13, Plan 40R-16748 4. Certificate of Solicitor 5. Transfer of Storm Sewer Easement over Part 6, Plan 40R-16748 and Postponement of Charge D445543. 6. Transfer of fee simple of Parts 3 and 8, Plan 40R-16748 and Partial Discharge of Charge D474735 7. Transfer of Easement over Parts 4, 7 and 9, Plan 40R-16748 and Postponement of Charge D445543 8. Certificate of Solicitor 9. Transfer in fee simple of Part 2, Plan 40R-16748. 10. Transfer of Temporary Turning Circle Easement over Part 1, 40R-16748. 11. Transfer of Storm Sewer Easement over Part 5, Plan 40R-16748 12. Certificate of Solicitor Plan 40M-1839 13. Inhibiting Order 14. Transfer of Storm Sewer Easement over Parts 1,2,3,4 and 5 on Plan 40R-17016 and Postponement of Charge LT 653921 15. Transfer of Storm Sewer Easement over Part 4 on Plan 40R-17015 and Postponement of Charge LT 653921 16. Transfer of Reserve Blocks 47,48,49 and 50 Index Page 2 Plan 40M-1840 17. Inhibiting Order 18. Transfer of Storm Sewer Easement over Parts 1,2 and 3 on Plan 40R-17015 and Postponements of Charges LT 747696 and LT 653921 DYE d DURHAM CO.INC.—Form No.985 AmenMd NOV.1992 Province Of Document General ? a�.. Ontario Form 4—Land Registration Reform Act (1) Registry ❑ Land Titles I (2) Page 1 of ,oI pages CD (3) Property Block Property U-) Identifler(s) Additional: W Le) See ❑ co W Schedule O r_ ca (4)Nature of Document ` :f EZ rcr Notice of Subdivision Agreement (Section 9 of the Act) (5)Consideration o t•-- o H NA J Dollars$ UU 0 `J C= Q= (6)Description t.s1 co U V LL Firstly,''.; +wf Parcel 29-6, Section Conc. 2 (Darlington) ring Part of Lot 29, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham, designated as aft 1, 2, 3 New Property Identifiers and 4 on Plan 40R-16738. Additional: Secondly, Parcel 34-1, Section 40M-1815, being Block 34, Plan see Schedule ❑ 40M-1815, Municipality of Clarington, Regional Municipality of Executions Durham. (7)This (a) Redescription ; (b)Schedule for: Additional: Document New Easement i Additional Scehedule ❑ Contains. Plan/Sketch ❑ : Description ❑ Parties El Other ❑ (8)This Document provides as follows: The Corporation of the Municipality of Clarington has an unregistered estate, right, interest or equity in the land registered in the name of 290572 Ontario Limited, as Parcel 29-6, Section Con. 2 (Darlington) being Part of Lot 29, Concession 2, Geographic Township of Darlington and Parcel 34-1, Section 40M-1815, being Block 34,Plan 40M-1815,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 ❑ (8)This Document relates to instrument number(s) (10) Party(ies)(Set out Status or Interest) Name(s) Signature(s) Date of Signature THE CORPORATION OF THE MUNICIPALITY Y M D OF CLARINOTON by it$Q#c t4r. . . . . . . . . . . . . . . . .? . . . . . . . . . . . Nicholas T. Maces NICHOLAS T. MACOS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) for 40 Temperance Street, Bowmanville, Ontario L1C 3A6 (12)Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I (13)Address for Service (14) Municipal Address of Property (15) Document Prepared by: } Fees and Tax not assigned Nicholas T. Macos 0 Registration Fee Barrister & Solicitor N Suite 2600 130 Adelaide Street West U_ u_ Toronto, Ontario M5H 3P5 0 cc 0 Total a DN:SA-ADEMA THIS AGREEMENT made in quintuplicate as of this day objfif 4996. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - and - 290572 ONTARIO LIMITED - and - CECIL AND HENDRINA MARIA ADEMA - and - ROYAL BANK OF CANADA SUBDIVISION AGREEMENT 3 f TABLE OF CONTENTS ARTICLE 1 - INTERPRETATION AND SCHEDULES . . . . . . . . . . . . . . . . . . . . . . 2 1.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.2 Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 2 - GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.1 Recitals in Operative Part of Agreement . . . . . . . . . . . . . . . . . . . . . . 9 2.2 Certification of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.3 Copy of Plan and Agreements Required . . . . . . . . . . . . . . . . . . . . . . . 9 2.4 Transfer of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2.5 Transfer of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2.6 Registration of Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2.7 Lands for School Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2.8 Charge on Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2.9 Registration of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2.10 Renegotiation and Amendment of Agreement . . . . . . . . . . . . . . . . . 12 2.11 Municipality to Act Promptly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2.12 Assignment of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2.13 Replacement of Draft Plan with Final Plan(s) . . . . . . . . . . . . . . . . . . 14 2.14 Notification of Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2.15 Postponement of Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2.16 Successors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 3 - FINANCIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3.1 Payment of Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3.2 Payment of Local Improvement Charges . . . . . . . . . . . . . . . . . . . . . . 16 3.3 Payment of Drainage Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3.4 Payment of Development Charges . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3.5 Cash in Lieu of Land Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3.6 Performance Guarantee Required . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3.7 Use of Performance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3.8 Indemnification of Municipality . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3.9 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3.10 Maintenance Guarantee Required . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3.11 Use of Maintenance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3.12 Reduction and Release of Performance Guarantee . . . . . . . . . . . . . . 20 3.13 Reduction and Release of Maintenance Guarantee . . . . . . . . . . . . . . 21 3.14 Payment of Municipality's Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3.15 Unpaid Monies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3.16 Occupanpy Permit Deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ARTICLE 4 - PLANNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 4.1 Tree Preservation Plan . . . . . . . . . 24 4.2 Landscaping Plan and Landscaping Requirements . . . . . . . . . . . . . . . 25 4.3 Use of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4.4 Lands Unsuitable for Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4.5 Lands Requiring Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4.6 Requirements for Building Permits 27 4.7 Model Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 4.8 Architectural Control Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 4.9 Requirements for Sale of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 4.10 Requirements for Occupancy Permit . . . . . . . . . . . . . . . . . . . . . . . . 32 4.11 Cash in lieu of Lands for Park or other Public Recreational Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 4.12 Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ARTICLE 5 - PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 5.1 Municipality Works Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 5.2 Utilities and Services Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 5.3 Owner's Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 5.4 Design of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 5.5 Engineering Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 5.6 Approval of Grading and Drainage Plan . . . . . . . . . . . . . . . . . . . . . . 38 5.7 Staging of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 5.8 Approval of Schedule of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 5.9 Approval of Works Cost Estimates and Stage Cost Estimates . . . . . . . 40 5.10 Requirements for Authorization to Commence Works . . . . . . . . . . . . 40 5.11 Requirements for Commencement of Subsequent Stages of Works . . . 43 5.12 Inspection and Stop Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 5.13 Construction in Accordance with Engineering Drawings . . . . . . . . . . . 44 5.14 Sequence of Construction of Works . . . . . . . . . . . . . . . . . . . . . . . . . 44 5.15 Completion Time for Construction of Works . . . . . . . . . . . . . . . . . . . 44 5.16 Additional Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 5.17 Incomplete or Faulty Works and Liens . . . . . . . . . . . . . . . . . . . . . . . 45 5.18 Acknowledgment Respecting Emergency etc. Repairs . . . . . . . . . . . . 47 5.19 Damage to Existing Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 5.20 Damage to Neighbouring Wells (Rural Applications Only) . . . . . . . . 48 5.21 Use of Works by Municipality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 5.22 Maintenance of Roads after Completion . . . . . . . . . . . . . . . . . . . . . . 50 5.23 Requirements for Certificate of Completion . . . . . . . . . . . . . . . . . . 51 5.24 Requirements for Certificate of Acceptance . . . . . . . . . . . . . . . . . . . 51 5.25 Ownership of Works by Municipality . . . . . . . . . . . . . . . . . . . . . . . . 52 5.26 Requirements for Certificate of Release . . . . . . . . . . . . . . . . . . . . . . 52 5.27 Not Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 5.28 Cost of Works Referred to in Schedule "G" . . . . . . . . . . . . . . . . . . . 53 ARTICLE 6 - COMPLIANCE WITH REGULATIONS . . . . . . . . . . . . . . . . . . . . . 53 ARTICLE 7 - RESPONSIBILITY OF SUBSEQUENT OWNERS . . . . . . . . . . . . . . 53 ARTICLE 8 - TIME OF ESSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT . . . . . . . . . . . . . . . . . . . . . 54 • Subdivision Agreement THIS AGREEMENT made in quintuplicate as of this day of , 1996. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART and - 290572 ONTARIO LIMITED (hereinafter called the "Owner") OF THE SECOND PART - and - CECIL AND HENRIKA ADEMA (hereinafter called the "Mortgagee") OF THE THIRD PART - and - ROYAL BANK OF CANADA (hereinafter called the "Mortgagee") OF THE FOURTH PART WHEREAS: A. The lands owned by the Owner which are affected by this Agreement are described in Schedule "A" hereto, and are hereinafter called the "Lands'; B. The Owner represents and warrants that subject to Recital C it is the registered Owner of the Lands in fee simple absolute; C. The Owner represents and warrants that the mortgagees are the only mortgagee or chargees of the Lands; D. The Owner has received the approval of the Regional Municipality of Durham, to draft Plan of Subdivision 18T-94024 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; p Subdivision Agreement 2 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-94024; H. This Agreement is made pursuant to the provisions of Subsection 51(6) of the Planning Act. It is authorized by By-law No. 96-12 passed by The Corporation of the Municipality of Clarington on January 15th, 1996. 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. (d) "Authorization to Commence Works" has the meaning assigned to it in paragraph 5.10 of this Agreement. V r Subdivision Agreement 3 (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 tune. (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 time, and the term includes a successor by-law to By-law No. 92-105 which is passed under subsection 3(1) of the Development Charges Act. (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. f Subdivision Agreement 4 (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. (cc) "Grading and Drainage Plan" has the meaning assigned to it in pafagraph 5.6 of this Agreement. (dd) "Initial Works" has the meaning assigned to it in Schedule "G" of this Agreement. Subdivision Agreement 5 (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. 6j). "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. (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. Subdivision Agreement Agreement 6 (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) "Phase I of the Development of the Lands" means the development of the portion of the Lands which is within the draft 40M Plan of Subdivision, a copy of which is contained in Schedule "B". (uu) "Phase Subsequent to Phase I of the Development of the Lands"means the development of the whole, or any portion of the Land, which are not located within the draft 40M Plan of Subdivision contained in Schedule "B" after such draft 40M plan of Subdivision has been registered against the title to the portion of the Lands to which it applies, and if the first "Phase Subsequent to Phase 1 of the Development of the Lands"includes only a portion of the Lands which are not located within such draft 40M Plan of Subdivision, the term "Phase Subsequent to Phase 1 of the Development of the Lands" means the development of each portion of the Lands which is within a separate 40M Plan of Subdivision which is registered against the title to the portion of Lands to which applies. (vv) "Planning Act" means the Planning Act R.S.O. 1990 c.P.13 as it may be amended or replaced from time to time. (WW) "Reapproved Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this Agreement. (xx) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreement. r tSubdivision Agreement 7 (yy) "Region" means The Corporation of the Regional Municipality of Durham. (zz) "Related Works" has the meaning assigned to it in Schedule "G" of this Agreement. (aaa) "Road System" has the meaning assigned to it in Schedule "G" of this Agreement. (bbb) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this Agreement. (ccc) "Security for the Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(2) of this Agreement. (ddd) "Solicitor" means the Solicitor for the Municipality. (eee) "Stage Cost Estimates"has the meaning assigned to it in paragraph 5.9 of this Agreement. (fff) "Staging Plan" means the staging plan for the Lands approved by the Director of Public Works pursuant to paragraph 5.11 of this Agreement. (ggg) "Stormwater Management System" has the meaning assigned to it in Schedule "G" of this Agreement. (hhh) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of this Agreement. (iii) "Street Lighting System" has the meaning assigned to it in Schedule "G" of this Agreement. "Temporary Occupancy Permit" has the meaning assigned to it in paragraph 4.10(2) of this Agreement. (kkk) "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. 13 Subdivision Agreement 8 (ill) "Treasurer"means the Treasurer of the Municipality or his designated representative. (mmm) "Tree Preservation Plan" has the meaning assigned to it in paragraph 4.1(1) of this Agreement. (nnn) "Utilities and Services" means the utilities and services referred to in Schedule "H" of this Agreement. (000) "Works" has the meaning assigned to it in paragraph 5.1 of this Agreement. (ppp) "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. (qqq) "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 'Y - "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" ICI { Subdivision Agreement 9 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 'T" - "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 'Subdivision Agreement 10 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 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 "E" and shall pay to the Municipality in cash or by certified cheque the amount which is equal to any tax, fee or cost payable at the time of or in respect of the registration of such transfers against the title to 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) thereof, but prior to the issuance of a building permit(s) for building(s) proposed to be constructed on a particular lot(s) or block(s), in the opinion of the Director further easements in such lot(s) or block(s) are required to be transferred to the Municipality, the Region of Durham, the Clarington Hydro-Electric Commission or other appropriate authority or company for Municipality purposes, Region of Durham purposes or for Utilities and Services, as the case may be, or for drainage purposes, the Owner agrees to transfer to the Subdivision Agreement 11 Municipality, the Region of Durham, the Clarington Hydro-Electric Commission or other appropriate authority or company, as the case may be, such further easement(s) forthwith after a written request to do so is given to it by the Director. Notwithstanding the foregoing, the Director shall not request such further easement(s), if its creation would prevent the erection of a dwelling on any part of a lot(s) or block(s) shown on the Plan. If further easements are requested to be transferred to the Municipality, the Region of Durham, the Clarington Hydro- Electric Commission, or other appropriate authority or company, as the case may be, the provisions of paragraph 2.4(1) shall apply with all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 2.4(2). 2.5 Transfer of Lands On the execution of this Agreement, the Owner shall deliver to the Municipality executed transfers, sufficient to vest in the Municipality title in fee simple absolute free and clear of all encumbrances and restrictions, of the lands set out in Schedule "F"hereto and shall pay to the Municipality in cash or by certified cheque an amount 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 - N/A (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. 11 Subdivision Agreement 12 (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 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) thereof, as the case may be. Without derogating from the foregoing, the Owner also hereby consents to the registration of an Inhibiting Order(s) or a Caution(s) against the title to the Lands or the relevant portion(s) thereof as the case may be, in order to give further effect to the foregoing and acknowledge that the 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 Ig Subdivision Agreement 13 the ten (10) day period following the date on which such notice is given, the Owner will cease and will require all persons with whom it has a contractual relationship to cease constructing and installing the Works referred to in such written notice until the specified provisions of this Agreement have been renegotiated and any necessary amendment(s) made to this Agreement. The Renegotiation Events are the following: (i) the Region, the Minister, or the Ontario Municipal Board approves a final Plan of Subdivision for the said Lands which the Municipality considers to be substantially different from the 40M Plan proposed by the Owner; (ii) the final Plan of Subdivision is not approved by the Region and registered against the title to the Lands within eighteen (18) months after the date as of which this Agreement is made; (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, ' f Subdivision Agreement 14 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 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-94024 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-94024 approved pursuant to the Planning Act, 1983 being registered against the title to any one (1) or more �v Subdivision Agreement 15 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-94024 for the purposes of this Agreement. All amendments necessary to this Agreement shall be considered to have been made to it and to the descriptions and references contained in it including without limiting the generality of the foregoing, Scheduled "B","E","F","G", "N',"O","P" and "Q", in order to replace the descriptions and references to the redlined draft Plan of Subdivision 18T-94024 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: 290572 Ontario Limited 58 Rossland Road West Whitby, Ontario UG 2V5 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. Subdivision Agreement 16 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. aa- -Subdivision Agreement 17 (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 T" 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 "I" or "ll" 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 Subdivision Agreement a3 Subdivision Agreement 18 deposited by the Owner pursuant to this paragraph 3.6 and other provisions of this Agreement are called the "Performance Guarantee".) In the event that the Owner does not increase the amount of the Performance Guarantee for a period of thirty (30) days following the giving of written notice by the Director to the Owner requiring an increase in the amount of the Performance Guarantee, (1) all Authorizations to Commence Work that have been issued shall terminate, and (2) the Owner shall not apply for or require the issuance of any permit for the construction of buildings or any part of the Lands pursuant to the Building Code Act. Without derogating from the other provisions of this Agreement, the Parties acknowledge that if the Owner deposits a letter of credit with the Municipality's Treasurer as the whole or part of the Performance Guarantee or an increase 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 and/or the implementation of this Agreement, or the design,construction and installation, supervision of construction and installation, inspection, and/or maintenance of the Works by the Owner, its employees, contractors, suppliers of services or materials, the 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 Subdivision Agreement 19 making any recommendation necessary for the Owner to achieve approval of the final Plan of Subdivision of the Lands and its registration against the title to the Lands. 3.9 Insurance The Owner shall obtain and maintain the insurance and deposit the proof thereof as required by Schedule "K" of this Agreement in accordance with Schedule "K" of this Agreement. 3.10 Maintenance Guarantee Required (1) From the date of issuance of an Authorization to Commence Works until the date of issuance of a Certificate of Acceptance of the Works or particular component(s) of the Works, the Owner agrees with the Municipality to promptly correct, remedy, repair or replace any portion or component of the Works in question that the Director determines to be defective or deficient having regard to the provisions of this Agreement at the Owner's cost (the "Maintenance Guarantee"). The amount of the Maintenance Guarantee shall be determined in accordance with paragraph 3.12(1) of this Agreement. The Owner shall be given written notice of any such deficiency or defect by the Director forthwith after he identifies the same. (2) The Maintenance Guarantee expires on the date of issuance of the Certificate of Acceptance of the Works referred to in paragraph 3.10(1) which shall not be earlier than the date of expiry of the relevant period of the Maintenance Guarantee for the following Works as set out below: (a) "Initial Works" (as hereafter defined): the later of(1) the date of expiry of the period of two (2) years which commences on the date of issuance of the Certificate of Completion for the Initial Works, and (2) the date of issuance of a Certificate of Completion for the "Final Works" (as hereafter defined); (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 .Subdivision Agreement 20 (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 Management System provided that such Certificate of Completion for the Stormwater Management System shall not be issued prior to the issuance of the Certificate of Completion for the Final Works. 3.11 Use of Maintenance Guarantee From time to time, the Municipality may appropriate the whole or any part of the Security for the Maintenance Guarantee if the Owner fails to pay any cost(s)payable by the Owner to the Municipality under this Agreement. The amount(s) of such appropriation shall not exceed the amount(s) which in the opinion of the Director are required to remedy the Owner's breach(es) or default(s) as determined by the Director of correcting or remedying a deficiency(s) or defect(s) in the Works or a portion or component thereof, which is covered by the Maintenance Guarantee and is in question. Forthwith after the Municipality makes any such appropriation, the Director shall give the Owner written notice thereof. Forthwith, after the giving of such notice, the Owner shall restore the Security for the Maintenance Guarantee to the full amount required by this Agreement. 3.12 Reduction and Release of Performance Guarantee (1) Prior to the release of the Performance Guarantee, in the discretion of the Director, the amount of the Performance Guarantee may be reduced, from time to time, to reflect the progress of completion of the Works and other facilities and improvements which are required to be constructed and installed by the Owner after taking into account any outstanding claims the satisfaction of which is provided for in this Agreement. The maximum reduction that may be permitted to be made by the Director is such that will leave on deposit with the Municipality's Treasurer as the Performance Guarantee an amount equal to the sum of (1) the value of the uncompleted Works and the other facilities and improvements as determined by the 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 `subdivision Agreement 21 contracts pertaining to the Works and the provisions of the Construction Lien Act. (2) The Owner will not require the Municipality to release to the Owner any unused portion of the Performance Guarantee until each of the following conditions is satisfied: (a) A Certificate of Completion has been issued for the Works for which the Performance Guarantee was initially required to be deposited with the Municipality. (b) The Owner has deposited or has left on deposit with the Municipality the Maintenance Guarantee applying to the Works for which the Performance Guarantee initially was required to be deposited with the Municipality. (c) The Director is satisfied that in respect of the construction and installation of the Works for which such Performance Guarantee was initially required to be deposited with the Municipality, there are no outstanding claims relating to such Works. (d) The Municipality is satisfied that there are no outstanding claims relating to the Works which the Municipality is required or may be permitted to pay either under the provisions of the Construction Lien Act or otherwise. (e) The Municipality is satisfied that the Owner is not in breach of any of its covenants contained in this Agreement. 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. Subdivision Agreement 22 (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 Municipalibfs 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 Unsaid 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. a� -Subdivision Agreement 23 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 "II" 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) within Phase I of the Development of 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 tunes 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. � I Subdivision Agreement 24 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 PIanning 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. (3) Prior to the issuance of a building permit for the first (1st) dwelling proposed to be constructed in each Phase Subsequent to Phase I of the Development of the Lands, the Owner will deposit with the Town an Occupancy Permit Deposit in the amount produced by applying the Town's Occupancy Permit Scale which is current at the date on which the Occupancy Permit Deposit is required to be lodged with the Town to the number of lots within the phase in question. The provisions of paragraph 3.116(1) shall apply in respect of the Occupancy Permit Deposit for each Phase Subsequent to Phase 1 of the Development of the Lands, with all necessary changes thereto being considered to have been made to given effect to the intent of this paragraph 3.16(3). - ARTICLE 4 - PLANNING 4.1 Tree Preservation Plan (1) Prior to the issuance of any Authorization to Commence Works the Owner shall have obtained the written approval of the Director 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: 3a Subdivision Agreement 25 (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 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 acknowledge that the Landscaping Plan contained in Schedule "U" hereto is the Landscaping Plan for the purposes of this Agreement. (4) The Owner agrees at its cost to satisfy the following requirements: 3� Subdivision Agreement 26 (a) all lots in Urban Areas are to be sodded and all lots in Rural Areas are to be sodded or seeded, as may be required by the Director of Planning,within one (1) year of occupancy of the dwellings; - (b) except where otherwise provided in the Municipality's Design Criteria and Standard Detailed Drawings, a minimum of one (1) tree per lot shall be planted on the street allowances in accordance with the provisions of this paragraph 4.2(5); (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 3� Subdivision Agreement 27 The Lands shall not be used for any purpose other than the purposes set out in Schedule "M" hereto, provided that such purpose is permitted by the Municipality's By-law 84-63, as amended from time to time. 4.4 Lands Unsuitable for 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 for Phase 1 of Development of the Lands or for any Phase Subsequent to Phase 1 of the Development of the Lands, and the issuance of any Certificate of Acceptance of Works, do not constitute a representation or covenant by the 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: 33 Subdivision Agreement 28 (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 lot(s) or block(s) in respect of which an application for a building permit(s) is made, have been transferred to or reserved by the appropriate person as required by this Agreement. (b) All the roads which are required to be constructed to provide access to the proposed building in accordance with this Agreement, have been constructed at least to the completed base course of asphalt, and the Director has given the Owner his written approval of them as being sufficient to provide in his opinion adequate access to the proposed building(s). (c) All of the Works required to be constructed and installed under road(s) referred to in paragraph 4.6(b) have been constructed and installed to the satisfaction of the Director. (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. 3y Subdivision Agreement 29 (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. (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 rotes will be maintained continuously as required by the Ontario Fire . 35 Subdivision Agreement 30 Code, storage of combustible waste will be maintained in accordance with the Ontario Fire code, and open burning will not occur contrary to the Ontario Fire Code. (iii) The Owner has agreed with the Municipality to comply with the Ontario Fire Code with respect to Combustible Waste and Open Burning. (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 Phase I of the Development of the Lands or in a Phase Subsequent to Phase 1 of the Development of 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. 36 gubdivision Agreement 31 (2) Prior to the date of issuance of any building permit for a model home(s), the Owner shall obtain the approval of the Director of the proposed access to the model home(s) in question. In each case, such access shall be to the satisfaction of the Director and the Municipality's Fire Chief. (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� Subdivision Agreement 32 (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 Re uirements 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: (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 00 Subdivision Agreement 33 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 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 3� Subdivision Agreement 34 confirmation is provided to the aforesaid Director, the Municipality may retain the Occupancy Permit Deposit provided for by paragraph 3.16 of this Agreement, whether or not a Temporary Occupancy Permit has been issued, 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 "F". 4.12. Special Conditions (1) During construction on the Lands the Owner shall maintain fire access routes to the satisfaction of the Municipality's Fire Chief. (2) In cases in which an Appropriate Authority determines that the well or private water supply of any person is interfered with either as a result of the grading of, construction on, or the development of the Lands or any portion of the Lands, or as a result of the construction or installation of any of the Works, the Owner, at its cost, either shall connect the affected person to the Municipal water supply system or shall provide a new well or private water system so that water supplied to the affected person shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected person prior to the interference. (3) The Owner shall comply with the provisions of Schedule "Q" and Schedule "V" hereto. (4) Any deadends agd/or open side of road(s) allowances created by this draft Plan shall �o Subdivision Agreement 35 be terminated in zero point three (0.3) metre reserve(s) which shall be transferred to the Municipality. Paragraphs 2.5 and 2.6 apply in respect of such transfers with all changes necessary being considered to have been made to them and give effect to this paragraph 4.12(4). (5) Without derogating from paragraph 4.12(2), in cases in which the Appropriate Authority has determined that the well or private water supply of any person is interfered with, the Owner shall at his expense either connect the affected party to a municipal water supply system or a private system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. ARTICLE 5 - PUBLIC WORKS 5.1 Municipality Works Required The Owner at the Owner's expense shall construct and install the facilities, services, works, improvements and landscaping more particularly described in Schedule "G" hereto (collectively in this Agreement are called the "Works"). From the date of issuance of the Authorization to Commence Works until the date of issuance of a Certificate of Acceptance of them the Owner shall be fully responsible for the construction and maintenance of the Works including the cost thereof in accordance with the provisions of this Agreement. After the issuance of a Certificate of Acceptance, the Works referred to in such Certificate shall be the responsibility of the Municipality. 5.2 Utilities and Services Required Either prior to or forthwith after the date of this Agreement, the Owner shall enter into an Agreement(s) with the authorities or companies or company having jurisdiction in respect of the Utilities and Services referred to in Schedule "H" in the area in which the said Lands are located which provides for the matters referred to in Schedule "H". 5.3 Owner's Engineer (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 Subdivision Agreement 36 the Director written notice of the name, address and telefax number of the Owner's Engineer. No partnership, association of persons or corporation shall be retained as the Owner's Engineer without the prior written approval of the Director. All notices to be given to the Owner's Engineer are properly given if given by personal service, by telephonic facsimile communication, or first class prepaid post addressed to the Owner's Engineer at the address or telefax number provided to the Director pursuant to this paragraph 5.3. Forthwith after the Director gives the Owner written notice requiring it to do so, the Owner shall give the Director written notice advising him whether or not the approved Owner's Engineer continues to be retained by the Owner. (2) If at any time following the execution of this Agreement until the day on which a Certificate(s) of Acceptance has been issued for all of the Works in accordance with this Agreement, the Owner's Engineer resigns, abandons his office or is terminated by the Owner, the Owner shall give the Director written notice of that fact within three (3) days from the date of the resignation, abandonment or termination, as the case may be. Until such time as the Owner retains and notifies the Director of the name and address of a new Owner's Engineer who is qualified to be approved by the Director pursuant to this Agreement and who in fact is approved by the Director, the Owner hereby authorizes the Director on the Owner's behalf and 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 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 Subdivision Agreement 37 all applicable legislation and the Municipality's Design Criteria and Standard Detail Drawings. In the event of any dispute as to such requirements or their interpretation, the dispute shall be resolved by the Director whose decision shall be final. (2) The Owner shall provide and submit to the Director all necessary Engineering Drawings and obtain all approvals for the construction and installation of the Works, as required by this Agreement. (3) Without derogating from the provisions of paragraphs 2.4 and 2.5 and Schedules"E" and "F' of this Agreement, on the execution of this Agreement, the Owner, at its expense, shall transfer to the Municipality any land or easements considered necessary in the opinion of the Director to accommodate the construction, installation and maintenance of the Works. For greater certainty, the Parties agree that the provisions of paragraphs 2.4 and 2.7 shall apply in respect of any such transfers of easements with all necessary changes to being considered to have been made to give effect to the intent of this paragraph 5.4(3). Each transfer of land shall be in fee simple absolute, and free and clear of all encumbrances and restrictions. It shall be prepared by the Owner in registerable form and be satisfactory to the Municipality's Solicitor. At the time of delivery of each transfer of land to the Municipality, the Owner shall pay to the Municipality in cash or by certified cheque an amount equal to any tax, fee or charges payable at the time of or in respect of the registration of such transfer against title to 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 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 �3 Subdivision Agreement 38 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. 5.6 Approval of Grading and Drainage an 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 e7dsting 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 yy Subdivision Agreement 39 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. 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 �f 5 Subdivision Agreement 40 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 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; ` Subdivision Agreement 41 (d) the Owner has paid to the Municipality any monies required by paragraphs 3.1, 3.2, 3.3 and 3.4 of this Agreement; (e) the Owner has delivered the transfers of easements to the Municipality in accordance with paragraph 2.4 of this Agreement; (f) the Owner has delivered to the Municipality transfers of the lands and paid the required cash in accordance with paragraphs 2.5. 2.6 and 4.12(4) of this Agreement, and such transfers have been registered against the title to the appropriate portions of the Lands; (g) the Owner has delivered to the Municipality letters signed on behalf of the authority authorities or companies having jurisdiction with respect to the Utilities and Services that are referred to in Schedule "H" that satisfactory Agreement(s) have been entered into by the Owner with them for the design, construction, installation and services of the Utilities and Services as is required by paragraph 5.2 of this Agreement; (h) the Owner has retained the Owner's Engineer in compliance with paragraph 5.3(1), has provided the name, telefax number and address of the Owner's Engineer to the Director in writing, has provided the Director with the written acknowledgement and permission of the Owner's Engineer as required by paragraph 5.5(2), and has provided the Director with the Owner's Engineer's written undertaking that they or it will comply with the provisions of Schedule "I" of this Agreement; (i) the Owner has been given the written approval of the Director of the Engineering Drawings as required by paragraph 5.5 of this Agreement; (j) the Owner has been given the written approvals of the Director of Planning and Development, Director of Public Works and Director of Community Services of the Tree Preservation Plan as required by paragraph 4.1 of this Agreement. (k) the Owner has received written approvals of the Director of Planning and the Director of Public Works of the Landscape Plan as required by paragraph 4.2 of this Agreement; (1) the Owner has received the written approval of the Director of the Grading and Drainage Plan required by paragraph 5.6 of this Agreement; Subdivision Agreement 42 (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; (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 ,Subdivision Agreement 43 Services as required by paragraph 4.12 of this Agreement. (2) Notwithstanding the provisions of paragraph 5.10(1), the Owner may commence the construction and installation of the Works with the written approval of the Director prior to the registration of the Plan of Subdivision referred to in paragraph 5.10(1)(b), provided that the requirements of clauses 5.10(1)(d), (g), (h), (i), 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 the Lands and all the other requirements of this Agreement respecting the issuance of a Certificate of Completion have been satisfied. Notwithstanding the approval of the Director under this paragraph 5.10(2), the Owner agrees with the Municipality that the construction or installation of any of the Works pursuant to paragraph 5.10(1), if undertaken, shall be undertaken at the sole risk of the Owner and the Owner hereby waives any right that he might otherwise have as a result of its construction and installation of any of the Works. 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 � I Subdivision Agreement 44 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". (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 timing and sequence therefor set out in the Schedule of Works. 5.15 Completion Time for Construction of Works Within two (2) years of the date of the issuance of an Authorization to Commence Works, the Owner shall complete the construction and installation of all of the Works authorized in such Authorization to Commence Works with the exception of 50 ' -Subdivision Agreement 45 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 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 _ 51 -Subdivision Agreement 46 Director in his absolute discretion, any deficiency(s) or defect(s) in the Works, and any failure to complete the Works and all components thereof in accordance with this Agreement may be corrected, remedied or completed by the Municipality its contractors, suppliers and employees at the cost of the Owner without prior notice to the Owner, provided that forthwith after the Municipality so acts, the Director shall give written notice to the Owner of his determination as aforesaid, describing the action taken by the Director, and the cost of correcting or remedying the deficiency or default in question or the cost of completing the Works and the components thereof, as the case may be. For the purposes of this paragraph 5.17(1) the cost of any work which the Municipality undertakes under this paragraph 5.17(1) shall be determined by the Director in his absolute discretion. It is understood and agreed by the Parties that the costs for which the Owner is responsible under this paragraph 5.17(1)shall include a management fee payable to the Municipality either of thirty(30%)percent of the contractor's charges to the Municipality(including any charges for overhead and profit) or, if such work is undertaken by the Municipality, thirty (30%) percent of all costs incurred by the Municipality to correct or remedy the deficiencies or defect or to complete the Works and all components thereof as the case may be. The Owner shall pay the Municipality an amount equal to the cost of all Works and components thereof, and the cost of correcting or remedying all deficiencies and defects referred to in this paragraph 5.17(1) which have been incurred by the Municipality or are estimated in the Director's absolute discretion to be likely to be incurred by the Municipality forthwith after the Director gives the Owner written demand for payment of such cost. If the amount paid is based on the Director's estimate as aforesaid, forthwith after actual costs are 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 'Subdivision Agreement 47 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. 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, fgrthwith after being given written notice by the Director requiring the 53 ` -Subdivision Agreement 48 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 the Director for his consideration and approval. After the Monitoring Program has been approved, it shall be implemented by the Hydrogeologist. The Monitoring Program shall describe the number and location of the piezometric observation wells which are to be installed by the Owner, and the frequency,method of observation, method of collection and recording of data and the timing, form and 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 him. In addition to the foregoing, the Owner shall cause the Hydrogeologist to prepare separate reports, to the satisfactiop of the Director for each and every occurrence of apparent well Subdivision Agreement 49 interference caused by construction activity within the Lands and reported to the Municipality, and to deliver the same to the Director, at no cost to the Municipality, forthwith after each of them is completed. (3) If an Appropriate Authority determines that the well or private water supply of any person(s) outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works: (a) where the interference to a well or private water supply is of short term duration (i.e. during the course of dewatering and excavation and within one (1) month of 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 55 •Subdivision Agreement 50 for any of the purposes for which the Works are designed, without interference by the Owner, and without the payment of any fee or compensation to the Owner, and for such purposes the Municipality and other person(s) authorized by the Municipality may enter upon the portion(s) of the Lands on which the Works are located. 5.22 Maintenance of Roads after Completion (1) In addition to any other requirement of this Agreement that the Owner maintain the Works, if any building(s) on the 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 times in a well drained, dust and mud free condition, suitable for ordinary vehicular traffic, to the approval of the Director; (b) during the course of construction and installation of the Works, Utilities and Services pursuant to this Agreement,provide and maintain safe and adequate access to all occupied buildings; and (c) erect a sign to the satisfaction of the Director to indicate that the road(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 5� bSubdivision Agreement 51 dedicating the road(s) as public highway(s) and assuming it for the purpose of liability to repair and maintain it as provided by the Municipal Act, and such By-law has been registered in the Land Registry Office. 5.23 Requirements for Certificate of Completion The Owner acknowledges and agrees that the construction and installation of any of the Works authorized in an Authorization to Commence Works shall not be deemed to be completed for the purposes of this Agreement until the Director has provided the Owner with written certificate that such is the case (the "Certificate of Completion"). In addition to satisfying the other requirements of this Agreement respecting its issuance, a Certificate of Completion shall not be issued until such of the Works authorized by the Authorization to Commence Works for which a Certificate of Completion is required, have been inspected by the Director, and he is satisfied such Works have been constructed and installed in accordance with the Engineering Drawings and has received all certificates and confirmations from the Owner's Engineer as provided for in this Agreement. 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 without limiting the generality of the foregoing, if the Director is of the opinion that the Works in question have been maintained in accordance with paragraph 3.10 and all deficiencies and defects in such Works have been remedieli and corrected by the Owner, and the Director reports his opinion that such Works should be accepted by the Municipality for the Municipality 5� Subdivision Agreement 52 Council, Council may approve the report of the Director. Following Council's approval of this report as aforesaid the Director may provide the Owner with a Certificate of Acceptance of the Final Works. 5.25 Ownership of Works by Municipality For greater certainty, the Owner acknowledges and agrees that the Municipality is the Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall have no right or claim thereto, other than as an owner of land abutting a highway in which such Works are installed. 5.26 Requirements for Certificate of Release Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this paragraph 5.26, and the Works located thereon have been constructed, installed and accepted by the issuance of a Certificate of Acceptance, the Municipality shall provide the Owner with a written release (the"Certificate of Release") respecting the Lands, for which a Plan of Subdivision has been registered. The Certificate of Release shall be in a form suitable for registration or deposit in the proper Land Registry Office. In addition to the Owner satisfying the other requirements of this Agreement respecting the issuance of a Certificate of Release, the Certificate of Release shall not be issued until: (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 5g 'Subdivision Agreement 53 (1) the Owner's obligation respecting drainage as provided in this Agreement; and (2) the Owner's covenant to comply with the requirements of this Agreement in respect of applications for building permits for dwellings on the Lands. 5.27 Not Used 5.28 Cost of Works Referred to in Schedule "G" The Owner acknowledges and agrees that it will pay the total cost of the Works referred to in Schedule "G" hereto. The Owner will not seek any credit or rebate for or of any part of the total cost of the Works by reason of any of them being oversized to accommodate drainage or traffic from lands outside the limits of the Lands, whether from or in respect of a development charge imposed by the Development Charge By-law, or in any other manner, or for any other reason. ARTICLE 6 - COMPLIANCE WITH REGULATIONS i In exercising its rights and in performing its covenants under this Agreement, the Owner shall comply with all regulations and laws of general application and all by- laws of the Municipality and the Region. Without limiting the generality of the foregoing, at all times the Owner shall comply and cause all contractors, sub- contractors and suppliers of materials and services in connection with the construction, installation and maintenance of the Works to comply with the provisions of the Occupational Health and Safety Act, and the Workers' Compensation Act. 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 questiop; and Subdivision Agreement 54 (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. Subdivision Agreement 55 SIGNED, SEALED AND } THE CORPORATION OF THE } MUNICIPALITY OF CLARINGTON DELIVERED } } } } Mayor - o G In the presence of: } Ile } } Cler x f4; . 0 a ii T.c } } } } 290572 ONTARIO LIMITED } } } } e: H 7 ., {e. Vfle: } } } } Name: Title: } } } } CECIL EMA } 0 Title: } } } } BM5593iik ADEMA } } Name: Title: } } } } ROYAL BANK OF CANADA } } Name: 4.9, 13 . GdL-G i Title:SK. fKcov-r } } � �• ff��Gr-f���a•J Title;siC-,v�oe .��w,a6�e I/WE HAVE AUTHORITY TO BIND THE BANK Subdivision Agreement 56 SCHEDULE "A" , THIS SCHEDULE IS SCHEDULE"A"to the Agreement which has been authorized and approved by By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. LEGAL DESCRIPTION OF LANDS All and singular that certain parcel of land and premises, situated, lying and being in the Municipality of Clarington and the Regional Municipality of Durham, and being comprised L�of, kit of Lot 29 Concession 2 in the former Town of Newcastle now the Municipality of p � p ty Clarington, Regional Municipality of Durham, , on plan of Survey deposited in the Land Registry Office for the Land Registry Division of Durham inn(No. 40) (the"Land Registry Office") be tCO ti n TG� fl'S Parts 1, 2, 3 and 4 on plan 4011 16738,and Block 34 on Registered Plan 40M-1815. SECO►LNN 0,EL �bCi B6 1 N &Xf,3� PLAN 40M I S) )I mu Ni Ci PAU7y OF Cf.fJKINGTGrY� E�IaN � Mwo P,gUi-y or- -6U(u/qM �a Subdivision Agreement 57 SCHEDULE "B" THIS SCHEDULE IS SCHEDULE"B"to the Agreement which has been authorized and approved by By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. PLAN OF SUBDIVISION (Insert reduction of Plan 18T-94024) 11 __LrAMW - - - - - - - -ca - - - - ` .;FORT CRESCENT '1 jI � 1 SUBJECT DEVELOPMENT s BLK l00 -� O.,O LDEVE OPED I ( .,OR DEVELOPED eT APPL ICAMT BLK�IOSI ( BLK11041 1 9L�' lOj KEY PLAN SCALE. 1 IWXI � I I I I I DRIFT AgPROYED PLAN I 1 PROPOSED A g OF S BD I I S I N PART OF 9� CONCESSION 2 a_ BLK 99 23.D MUNICIPALITY OF CLARINGTON 4, I 1/' I1 I I I I I (FORMERLY THE TOWN OF NEWCASTLE, %�. -. . -------� - BLK 0¢ BLK JOT BLk' /Od aar I `I I `�..,�-,_I I I ( I REGIONAL MUNICIPALITY OF DURHAM PY'.. I I I -_ _- LAND USE SCHEDULE ( LW DENSITY LOTS LIMITS AREA BLK 98 SIAMLE FAMILY OfELLINC- 12.0 M MIN FRONTAGE -/ ` NI9' 'le•E 1 I I R•2jj066. 1 \ LOTS I TA♦HMLUMIA s S 0.lw NA Il •V C-21.S9 SEIN DETApOD-MIK NUINCS- 18.0•MIN FININTAC[ 1 Lon s,r,e f s t DI n m I I 1 •so' MED w Doa ITr 1 --154---- M cP N IeYe'N'0 A S2\H8 SWAP TOWAM UNQ a♦rw w s l I 12 O.00S NA - - - - - - - - J- - - - - - - - w TOTAL All" 23 0-r"IN - LOOS UNDER 1 I I AND.12 S MR IGTIp1 In-x011 . -�.�. O LAM 111 AND 112 0.101 lIA // �.II'I � ❑h°°F a aua.r 3 w� ///BL K/14/` -BLI 94 ADDITIONAL INFORMATION IREOUIRED UNDER T I I L w SECTION 50 OF THE PLANNING ACT sA '� `7 3e. < E-SOYTN•DRAT M'POFM FLAN 1♦T.WM OM IGWIAL, N fRT-DR/IT MAIRIYR RAM lar-arm NNR16NTIALI 1 «.aH- - «--tT o ' NIS•le• •. MONTIF EXIST(MC 19{Io9CfIAL 2- EAST-DRAFT M9NNASD PUM n-♦Tau H610RrIM., M^-M I I-SM]-$A Y M CLAY AI uTa EIIRr L�� I OG.cur M°AAYaAIEr 1 �.s iss _ 1 2 5 4 5 6 , '8 o R 96 97 L NO rMICNTI S9mcp ro t FMOOMM a _ a 1 L•MO Iftl111GTIK CONOfMft MI EATS C-3.11 I I OWNER'S CERTIFICATE SURVEYOR'S CERTIFICATE N s•srsr•l 13.3 g 1 IA�T ANIr•Ila Ill MART IAN I,AA AlTIn E AM M AMAWIO �- 1011 YrIlA11l p M RM M Ae MAMA le IM MIMIYICO II - - - - - - - - - - - - - - - 1$O -- I 1RT®Ml101{Iw IaAYIMINIr A ApNrY/LMM All T Ie.s 290572 ONTARIO LTD 1 Q'Ill 12.0 12.0 12.3 18.3 19. : AA fARMM MMA MCWTtLT nl AMrCAY Nwl 1 N 18.07.40•W IOO.sc uoMM^'e1e DONEPETRICHI LTD ANN 1 34 � sNYN ur tulvnaw caArr 1 - A-07.84 AVONDALE BLK /l2 V€, unAO M.M s111. ur C•IO.3e 1 j 11�mMleN.a-L.f. MT•58-21.9 aNf DAn I I N M •+, McvltloNt 43 44 45 46 60 6/ 62 _ COURTICE CROSSINGS 1 DRAFT PROVE PLAN R o OF BoIVIS ON DRAFT PLAN OF I T-s7o9 1 =3p SUBDIVISION © W Q 42 47 Q 38 63 woht.. Llm o.o.��aah�A. lefsd Q S o o n M u l l i n p l n p l n M l r l 106 �1 IiMGCT GAMT OIwAOAPON SIN Ill Lll RNON[N� •arM-MOO RA% Ol�lrM-Mr90 FT " / {cAIE HOR2 1.1000 94071 57 OJAM dt D.I.P 1M.E T ■1 No_ aEfIGN A• D.I.P. pP- I rLOTFDATEMD01A•M LMIIISAIMI DATE —E19ER 1990 _T�\ W - Subdivision Agreement 58 Schedule "B" -2- (Insert reduction of the 40M Plan) 18T— PLAN 40M— -------- I CERr MAT 1.3" °,l*[Mlmo N TIAC LAM REOSTRY OFr)Ct To*"LANG RIUS QIVMCK OF VVRHU1(16C 40)AT_MOCK ON rAt—_DAY OF___IS_AIM EWTrRM W rt RECUMS!foR PARM__. XCRM___RE.AND F40JMM OWUNTS AND ArF%>AWn AK OSTEACD AS KAN DOCUMENT kc fr 49 Q. W LANO KOMAR PART NOTE PLAN !OR--279:i :?LOCK 43 PIAN 40R 16158 HLOCK LM4 PART 3 7 t -PART I PMT PLAN 40R_Id PART t PLAN OF SUBDIVISION PLAN 4W- PAR'11 OF PART OF LOT 29, CONCESSION 2 AuvZ GEOGRAPHIC TOWNSHIP OF DARLINGTON now in the -Z MUNICIPALITY OF CLARINGTON ----- ----- REGIONAL MUNICIPALITY OF DURHAM SCALE I : 500 W. JOHN BURG, O.L.S. 1995 4 LEGEND K-3 An W0.0 ft 14 won$W"I M�l 10� ixmns m BAR SIT sm X, 9 'C*f S-0-Sft T -OARD)ION VA flf Wm 9.� A V) � u mzmMus Am MISS cic�x T .......I OWNER'S CERTIFICATE 6 6 F_ a SO COT- WIS 1 10 8 aoTN lcLA_-A aml rAO W,So Cr ------------- W- 2572 ONTARIO I.M. 7 0 4; ............ R in SURVEYOR'CERTIFICATE Am n W MOW AND ... ct ....... ..... i I- M QT r T.,A ADM-1815 xc W_ I i.v i '7'."- 'S coM$fclfifb"YCBwiD Xk-cftftl:m%n0. 4 _41 T AS DONEVAN FLEISCHMANN PETRICH I.M. cn —.5 ONTARIO LAND SURVEYORS 13M Im"Tom ROAO soum WTE 2 03KA- LtJ WA 18T— Cty�,?-u PLAN 40M— __------ 1 I I 1 cuter,NAT 14 P7AN Aar-_M A[DIt7aD ('�-�-� N 7). AND 11[ai1Rr pM(MR IW SAND IMES O�NNON D!DUIINAY 0,2�D)At—D'0.ACK ON .. I (11 I (V I KO SrOI ra►AAta II—AND WERM M w. S`1 1 KC104_.AND REOM M CONNMS AND III. I MDAMri AK KWIDED Al PLAN 00DA"T Na LAND WISnw a IRS n.i i I PART 1, NOTE I ' PLAN 1OR-2793 1u'�"A"�'P M L �PRUM�Ni4CRt-�1p8I2p0.78 I wtti.H.o44na MAX"A L ] l As ITT OR N wwa AM u i I�.AAltT 2 -� .ART, I Y LiTOU1 NA Ii PLAN OF SUBDIVISION s. YF"— R.AN 4011-1s4o Of BLOCK 34 PMT 2 _ _ PMT 70 REGISTERED PLAN 4OM-1815 PART I — AND PART OF LOT 29, CONCESSION 2 PLAN i / I A1f'ILD6"!fl!!r ►AR+tt' GEOGRAPHIC TOMMSHIP OF DARLINGTON IpU,� now In the At I j j p , MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM 1 BLOCK 1 SCALE 1 : 50D I ! W. JOHN 8UR0. O.L.S. 1095 I LEGEND W.A OM AK As-al'MD AND AM.voAMA M D. j I I v < 1 :��,►11 Ao r w°r w'°' oom w""iTAAA«.M v M&W WK i ♦ DDRD Nam" --o DDDD rl y I C I a I –dam pDpDIpD1�p 1)TpM�O�/�ir N011 W ti7 =tTNONO MD1 DAAMDI W1 jyl a a tr) . pDODom/NIm em Y i I n. ° 1 C4 I AAA MI iAn AK OA WL M wMl D.P-rc OWNER'S CERTIFICATE jI sg L ,..,o CDIt/1 s R N*f wNnN-a w.m w a N AooaDwa � Z t I I 8 .sR i i j to PAID.. PAr IF IPA . I 290572 ONTARIO LTD. BLOCK 3 I — I SURVEYOR' DERTIf1CATE g _ 2 1 CDrwr VAT I 166 BLOCK 34 J 886 Ac�'roAA` �'�"MAC:I.u0°R'iMn"1OinNACt PAAM H-1 I �S 8 7L>K NArtr Nu COME"a n PAY w IM. aa. I 4SECT 8 N I I LOT 20 �t11 PA>< °a."°K*' iPAR=owl tX ------------- IN I I LOT 19 N wimm-olwP N.Do.rw.a w x 009OWL • I r�AiOri i woav ADr�i�Iw N.Mw+�.nnm rt Armin-aAN R rtAl BLOCK 37 R.P. 40M--1815 SANDR�IANA�GHAWMq-1N� DRIVE: MY 4r•O AyAfq'7I(A�61!Alplr N mcwA7D R ress.»rum( ems) DONEVAM Fl.FJSCNIANN PETAICH LTD. PA1K&tNNIt{-1 w1mm I 1616 CWTARIO Wo SURWI(ms M3 1NOAN10N MUD 70U1N 74R 7 01NNA LIJ a" 0.0 tu-o.. ..a Subdivision Agreement 59 SCHEDULE "C" THIS SCHEDULE IS SCHEDULE"C"to the Agreement which has been authorized and approved by By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. CHARGES AGAINST LANDS (1) Municipal Taxes to be paid upon executed, if applicable. (2) Local Improvement Charges to be paid upon executed, if applicable. (3) Drainage Charges to be paid upon executed, if applicable. 'Subdivision Agreement 60 SCHEDULE "D" THIS SCHEDULE IS SCHEDULE"D"to the Agreement which has been authorized and approved by By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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 (5) single family dwellings; (6) semi-detached dwellings; (12)townhouse dwellings(collectively referred to as the"Total Dwellings") on the occasions set out below. Subject to the adjustments referred to in paragraph 3.4(1) of this Agreement the aggregate amount so payable is ($108,953.00) dollars payable as follows: I. PHASE 1 OF THE DEVELOPMENT OF THE LANDS Phase I of the development of the Lands consists of 12 Townhouse units. Subject to the adjustment referred to in paragraph 3.4(1) of this Agreement the aggregate amount payable is Fifty Two Thousand, Five Hundred and Fifty-Two Dollars ($52,512.00) payable as follows: (a) Thirty Three point Three (33.3%) percent of the aforesaid aggregate amount being seventeen thousand, five hundred and four dollars (17,504.00) 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 thirty- three point three(33.3%)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) Thirty-Three point three (33.3%) percent of the aforesaid aggregate amount being 17,504.00 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 sixty six (66 %) 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 �y ,Subdivision Agreement 61 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) The remainder of the aforesaid aggregate amount being 17,504.00 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. II. PHASE SUBSEQUENT TO PHASE I OF THE DEVELOPMENT OF THE LANDS (a) Twenty-five (25%) percent of the aggregate amount in respect of dwellings proposed for each Phase Subsequent to Phase 1 of the Development of the Lands on the filing of an application for a building permit for the first (1st) dwelling proposed to be constructed on the Lands (the "First Application"", provided that if the number of building permits for which applications are made in the first (1st) year following the making of the First Application exceeds twenty-five (25%) percent of the Total Dwellings, the Owner shall pay with each application for a building permit of each additional dwelling a further amount equal to the amount of the Development Charge imposed by the Development Charge By-law for the additional dwellings in question (the "First Excess Payment"). (b) Twenty-five (25%) percent of the aggregate amount in respect of dwellings proposed for each Phase Subsequent to Phase I of the Development of the Lands, 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(1)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 and dwellings in question (the"Second Excess Payment"). (c) Twenty-five (25%) percent of the aggregate amount in respect of dwellings proposed for each Phase Subsequent to Phase I of the Development of the Lands,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 applicatipns are made in the second (2)year following the making of the First �o -Subdivision Agreement 62 Application exceeds seventy-five (75%) percent of the Total Dwellings, the Owner shall pay with each application for a building permit for each addition 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 aggregate amount in respect of dwellings proposed for each Phase Subsequent to Phase I of the Development of the Lands,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. Subdivision Agreement 63 SCHEDULE "E" THIS SCHEDULE IS SCHEDULE"E"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. (1) On the execution of this Agreement, the Owner shall deliver to the Municipality transfers of the following easements: (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. (5) Easements within each Phase Subsequent to Phase 1 of the Development of the Lands as may be required by and to the satisfaction of the Director, shall be transferred by the Owner to the Town prior to the registration against title of the 40M Plan of Subdivision for the Phase in question. 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 Town's Solicitor, shall be made for a nominal consideration, and shall be in registrable form. Prior to the registration of the transfer(s) of such easements against the title to the applicable Lands, the Owner agrees trvith the Town that it will not require the issuance of building permits Subdivision Agreement 64 for the construction of buildings or structures on the portion of the Lands within the 40M Plan of Subdivision in question. �3 'Subdivision Agreement 65 SCHEDULE "F' THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been authorized and approved by By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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: (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 $11,900.00, 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 $238,000.00 dollars. Subdivision Agreement 66 SCHEDULE "G" THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized and approved by By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. WORKS RMUIRED 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"). 1J 'Subdivision Agreement 67 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 vrix. (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". Subdivision Agreement 68 SCHEDULE "H" THIS SCHEDULE IS SCHEDULE "H"to the Agreement which has been authorized and approved by By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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, 77 Subdivision Agreement 69 Schedule "H" -2- provision 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. �g ' Subdivision Agreement 70 SCHEDULE "I" THIS SCHEDULE IS SCHEDULE "I"to the Agreement which has been authorized and approved by By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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. Subdivision Agreement 71 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"G", "H", 1#111, „? AND „L„ 3. PROVIDE RESIDENT SUPERVISION The Owner's Engineer shall provide fully qualified, experienced supervisory layout and inspection staff, acceptable to the Director, to provide continuous inspection service during all.phases of the construction and installation of the Works and the private works. 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, retaking. (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. On Subdivision Agreement 72 Schedule "I" -3- (d) To provide co-ordination and scheduling of the construction and installation of the Works in accordance with the tuning 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. Subdivision Agreement 73 SCHEDULE "T" THIS SCHEDULE IS SCHEDULE"J"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. WORKS COST ESTIMATES 1. Boulevard and Driveway Work $ 4,800.00 2. 5 t e -+- ?, • s $ 6,000.00 Sub-total 10,800.00 5 % Contingency Allowance $ 540.00 Sub-total $ 11,340.00 10% Engineering Allowance $ 1,134.00 Sub-total $ 12,474.00 G.S.T. Allowance $ 873.18 Total Estimated Value of the Works: .$ 13,347.18 Total Amount of Performance Guarantee: $ 13,347.18 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. Subdivision Agreement 74 SCHEDULE "K" THIS SCHEDULE IS SCHEDULE"K"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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 the said Lands together with any or all of the Works, Utilities and Services pertaining thereto. f Subdivision Agreement 75 Schedule "K" -2- 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 coverages for five million ($5,000,000.00) dollars for all damage arising out of one (1) accident or occurrence or series of accidents or occurrences. The issuance of such policy or policies of insurance or the acceptance of it or them by the Municipality shall not be construed to relieve the Owner from responsibility for other or larger claims for which it may be held responsible. 3. EXEMPTION OF COVERAGE PROHIBITED The policy or policies of insurance shall contain no coverage exemptions or limitations for: (a) any shoring, underpinning, raising or demolition of any building or structure (b) any pile driving or caisson work; (c) any collapse or subsidence of any building, structure or land from any cause; or (d) any storage, handling or use of explosives in cases in which the Owner is required to obtain the Director's permission to carry out a blasting operation under Schedule "12' 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. 8� r 'Subdivision Agreement 76 SCHEDULE "L" THIS SCHEDULE IS SCHEDULE"L"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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. 'Subdivision Agreement 77 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 . W Subdivision Agreement 78 Schedule "L" -3- engineer, shall issue a certificate in a form acceptable to the Director, confirming, based on the location, frequency and type of tests and monitoring and the results of such tests or monitoring, that he is satisfied with the materials testing methods used and that the results conform to the requirements of paragraph 8(1) of this Schedule 11U1 (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. 'Subdivision Agreement 79 Schedule "L" - 4 - 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 Lands and all public highways used for access to the said Lands, shall be maintained in a condition at least equal to their condition on the date as of which this is Agreement is made, and in all cases to the satisfaction of the Director. At all times, the Owner shall maintain all such highways free of dust and mud which originate from the Lands. If, in the opinion of the Director, a highway has been damaged as a result of the construction, installation or maintenance of the Works, or the development of any portion of the Lands as a result of any action or default by any person other than the Municipality, its agents, employees or contractors, forthwith after the Director gives the Owner written notice of his opinion, the Owner, at the Owner's expense, shall repair such road to the condition which is at least equal to its condition immediately prior to the date of such damage, to the satisfaction of the Director. No highway outside the limits of the said Lands shall be closed without the prior written approval of the authority having jurisdiction over such highway. The Owner agrees not to use or occupy any untravelled portion of any road allowance without the prior written approval of the authority having jurisdiction over such road allowance. 12. 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 comulencement of construction the Owner shall institute upon the Lands a program of weed and rat control to the satisfaction of the Director. Subdivision Agreement 80 SCHEDULE "M" THIS SCHEDULE IS SCHEDULE"M"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January 1996. 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 Phase I Street Townhouse Units Blocks 1 to 3 Phase II Single Family Dwelling Units Lots 1 to 5 6 to 8 Semi Detached Dwelling Units �1 §ubdivision Agreement 81 SCHEDULE "N" THIS SCHEDULE IS SCHEDULE"N"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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 Phase II all Lots and The Owner shall not Blocks require or cause or suffer any person to require building permits to be issued until such time as the streets abutting said lots/blocks are extended and completed to full urban standards to the satisfaction of the Director. �0 'Subdivision Agreement 82 SCHEDULE "O" THIS SCHEDULE IS SCHEDULE"O"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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 - Subdivision Agreement 83 SCHEDULE "P" THIS SCHEDULE IS SCHEDULE"P" to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. - NOT APPLICABLE - �a 'Subdivision Agreement 84 SCHEDULE THIS SCHEDULE IS SCHEDULE"Q"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. CONSERVATION AUTHORITY'S WORKS 1. Prior to the final approval of the plan and/or the commencement of site preparation, including any filing, grading, or construction of services, the Owner shall obtain Central Lake Ontario Conservation Authority approval of: a) site grading plans which detail 100-year overland flow routing; and, b) 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 shall contribute towards remedial erosion control work on the Black Creek to the satisfaction of the Municipality of Clarington and the Central Lake Ontario Conservation Authority. 3. The Owner shall agree to carry out or cause to be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority: a) site grading, erosion and sediment control and storm runoff overland flow routing; and, b) the erosion control compensation program for the Black Creek, referred to in Condition 2 above. �3 §ubdivision Agreement 85 SCHEDULE "R" THIS SCHEDULE IS SCHEDULE"R"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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. ' 'Subdivision Agreement 86 SCHEDULE "S" THIS SCHEDULE IS SCHEDULE "S"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. REGION'S CONDITIONS OF APPROVAL DATED 1. The Owner shall prepare the final plan on the basis of the approved draft plan of subdivision,prepared by D.G. Biddle&Associates Limited, identified as job number 94071, dated November 28, 1994, which illustrates 5 lots for single detached dwellings, 3 lots for semi-detached or link dwellings (6 units), and 3 blocks for 12 on- street townhouse dwelling units. 2. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 3. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 4. The Owner shall convey all reserves to the Municipality fs Clarington free and clear of all encumbrances. 5. 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. Alternatively, the municipality may accept cash-in-lieu of such conveyance. 6. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate. 7. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 8. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Municipality of Clarington for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 9. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Municipality of Clarington Director of Planning and Development to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 10. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Municipality fs Clarington Director of Public Works for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 11. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation plan to the Municipality of Clarington Director of Planning and Development for review and approval. 12. Prior to any on-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval of the Ministry of Natural Resources for reports describing the following: Subdivision Agreement 87 a) the intended means of conveying stormwater flow from the site, including use of stormwater management techniques which are appropriate and in accordance with the provincial "Urban Drainage and Design Guidelines", April 1987, and "Interim Stormwater Quality Control Guidelines for New Development", May 1991; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial "Guidelines on Erosion and Sediment Control for Urban Construction Sites"and Technical Guidelines-Erosion and Sediment Control, February 1989, published by the Ministry of Natural Resources; Note: Ponds for temporary sediment control should be capable of accommodating 125 cubic metres/hectare of contributing drainage area for a period of not less than 12 hours or removing particle sizes down to 40 microns. d) An erosion and sediment control plan for the development site which outlines all actions to be taken to prevent an increase in the concentration of suspended solids in any water body as a result of on-site or other related works. Any increase in concentrations of suspended solids or sediment loading may be applied to the proponent and their agents. e) site soil conditions, including grain size distribution profiles; and f) site grading plans. 13. Prior to the final approval of the plan and/or the commencement of site preparation, including any filing, grading, or construction of services, the Owner shall obtain Central Lake Ontario Conservation Authority approval of: a) site grading plans which detail 100-year overland flow routing; and, b) erosion and sediment control plans,which provide for the on-site containment of sediment, during the grading and construction phases of development. 14. The Owner shall contribute towards remedial erosion control work on the Black Creek to the satisfaction of the Municipality of Clarington and the Central Lake Ontario Conservation Authority. 15. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this land that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 16. Prior to entering into a subdivision agreement,the Regional Municipality of Durham shall be satisfied that adequate water pollution control plan and water supply plan capacities are available to the proposed subdivision. 17. The Owner shall satisfy all requirements,financial and otherwise, of the Municipality IW Subdivision Agreement 88 of Clarington. This shall include, almond other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington. This shall include, almond 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. 18. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 19. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner shall agree to carry out or cause to be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority: i) site grading, erosion and sediment control and storm runoff overland flow routing; and, ii) the erosion control compensation program for the Black Creek, referred to in Condition 14. b) The Owner agrees to carry out the works referred to in Condition 12 to the satisfaction of the Ministry of Natural Resources. c) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Ministry of Natural Resources. d) The Owner agrees to advise the Ministry of Natural Resources 48 hours prior to commencement of grading or the initiation of any on-site works 20. 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, 14 and 17 have been satisfied; b) the Central Lake Ontario Conservation Authority, how Conditions 13, 14 and 19a) have been satisfied; and c) the Ministry of Natural Resources, how Condition 12, 19c) and 19d) have been satisfied. a I � 'subdivision Agreement 89 SCHEDULE "T" THIS SCHEDULE IS SCHEDULE"T"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January6, 1996. TREE PRESERVATION PLAN - NOT APPLICABLE - 'Subdivision Agreement 90 SCHEDULE "U" THIS SCHEDULE IS SCHEDULE"U"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. LANDSCAPING PLAN Landscaping plan incorporated in Subdivision Agreement for Plan 18T-87092. 'Subdivision Agreement 91 SCHEDULE "V" THIS SCHEDULE IS SCHEDULE"V"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. REQUIREMENTS OF OTHER AGENCIES A. MINISTRY OF NATURAL RESOURCES Prior to any on-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval of the Ministry of Natural Resources for reports describing the following: a) the intended means of conveying stormwater flow from the site, including use of stormwater management techniques which are appropriate and in accordance with the provincial "Urban Drainage and Design Guidelines", April 1987, and "Interim Stormwater Quality Control Guidelines for New Development", May 1991; b) the anticipated impact of the development on water quality, as it relates to 0 fish and wildlife habitat once adequate protective measures have been taken; c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial "Guidelines on Erosion and Sediment Control for Urban Construction Sites" and published by the Ministry of Natural Resources; Note: Ponds for temporary sediment control should be capable of accommodating 125 cubic metre/hectare of contributing drainage area for a period of not less than 12 hours or removing particles sizes down to 40 microns. d) An erosion and sediment control plan for the development site which outlines all actions to be taken to prevent an increase in the concentration of suspended solids in any water body as a result of on-site or other related works. Any increase in concentrations of suspended solids or sediment loading may be violation of the Canada Fisheries Act. If warranted, charges under this act may be applied to the proponent and their agents. e) site soil conditions, including grain size distribution profiles; and f) site grading plans. 2. The Owner agrees to carry out the works referred to in Condition 1 above to the satisfaction of the Ministry of Natural Resources. 3. The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Ministry of Natural Resources. 4. The Owner agrees to advise the Ministry of Natural Resources 48 hours prior to commencement of grading or the initiation of any on-site works. goo -Subdivision Agreement 92 SCHEDULE "W" THIS SCHEDULE IS SCHEDULE"W"to the Agreement which has been authorized and approved By-law No. 96-12 of The Corporation of the Municipality of Clarington, enacted and passed the 15 day of January, 1996. 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. 1 0i Subdivision Agreement 93 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. TO: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the " Municipality " ) AND TO: NICHOLAS T. MACOS its solicitor herein RE: 290572 ONTARIO LIMITED ( the "Owner" ) transfer to the Corporation of the Municipality of Clarington CERTIFICATE OF TITLE I, LARRY A. YANCH, a solicitor of the Ontario Court, do certify that: a) I am the solicitor for the Owner and that the Owner is the sole owner in fee simple of all land described as : Part of Parcel 29 6, Section Con 2, Darlington being Parts 1, 2, 3 & 4, Plan OR. . . . (the "Lands") . b) the transfer in fee simple and the easements in respect of the Lands in favour of the Municipality ( the "Transfer" ) is not subject to mortgages or other encumbrances upon the Lands or any part thereof save and except the following: A mortgage in favour of Royal Bank of Canada registered as instrument No. LT653921 A mortgage in favour of Royal Bank of Canada registered as instrument No. LT747696 A mortgage in favour of Cecil Adema and Hendrina Maria Adema registered as # D458441 This certificate is given by me to the Municipality for the purpose of having the, Municipality rely upon for certifying title to the Transfer. Dated at Oshawa this 4th day of July, 1996. LARRY A. YANCH A Province of mendsd NOV. 1994 Transfer/Deed of Land ,�..,. rr Ontario • Form 1 —Land Registration Reform Act (1) Registry ❑ Land Titles-6i (2) Page 1 of pages +-� (3) Property Block Property U-) p Identifler(s) Additional: W See ❑ cc Schedule rte ,o <n (4) Consideration NIL ---------------------------- Dollars$ 2.00 ZO �-- Q �-t (5)Description This is a: Property Property W J Part of Division El Consolidation ❑ Parcel Con 2 - 30 - 5, Section - Darlington -- being Part of Lot 30, Concession 2, being LL J wt C Parts 10 , 11 & 13, Plan 40R 16748 O New Property Identifiers Municipality of Clalington, in the o Additional Regional Municipality of Durham 0 See El Executions Additional: See F1 Schedule (6) This (a)Redescription ;(b)Schedule for: (7) t Transferretd Document New Easement ; Additional basemen - storm sewers Contains Plan/Sketch El 1 Description [] Parties ❑ Other❑ - j (6)Transferors) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Y M D Name(s) Signa ) + ' BQNNXPON LIMITED. . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1996 05 4Z M C L REEDMAN . . . . . . . . . . . . . . . . . . . . President a . . . . . . . . . � . . . I have authority to bind the corporation; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . (9)Spouse(s) of Transferor(s) 1 hereby consent to this transaction Date of Signature Name(s) Signature(s) v 1 M D t (10)Transferor(s)Address for Service 7111 Dufferin Street, Thornhill, ON L4J 2K2 (11)Transferees) Date of Birth Y M D THE -CORPORATION OF THE MUNICIPALITY OF CLARINGTON I ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . . . . . (12)Transferee(s)Address for Service 40 Temperance Street, Bowmanville, ON 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . ... . . . . Solicitor for Transferor(s)1 have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to a 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 M D Name and , Y , 1 Q. Address of Signature. . . . . . . . . . . . . . . . . O Solicitor S (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 a >m reveal no contravention as set out in subclause 50(22)(c)(ii)of the Plannin.9 Act and that to the best of my knowledge and belief this transfer rn a y is 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. C C R tv Date of Signature J,8: Name and Y M D x Z g! Address of , a 2c Solicitor ' c Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .1. . . . . . N ' (15) Assessment Roll Number 1 Cry. 1 Mun.1 Map Sub. Par. Fees and Tax of Property ! ; not assigned }, - Z Registration Fee (16)Municipal Address of Property ffl&?uAe nYff by: O w Land Transfer Tax not assigned PARKHILL & YANCH Barristers & Solicitors w U 63 King St E, . Box 154 LL Oshawa, ON L1H 7L1 95309 MC O Total 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 overland flow route, storm sewers and catchbasins 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 purpose of installing, constructing, reconstruction, examining, altering, repairing, renewing or replacing and maintaining the Works or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the Lands. TO 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 structure, plant any trees, hedges or shrubs, place or remove any fill on any part of the Lands or cause or permit any person to interfere in any way directly or indirectly with the Works or in any way derogate from the easement hereby transferred; b) hereby releases the Transferee from any and every claim which 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,operation,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 ti 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) releases to the Transferee all claims upon the interest hereby transferred. AND the Transferee shall have quiet possession of the said easement or right in the nature of an easement, free from all encumbrances and restrictions, save as mentioned herein. �:. DYE 8 DURHAM CO.INC.•Form NO.500 Amended 1891 Affidavit of Residence and of Value of the Consideration Refer to all instructions on reverse side. Form 1 - Land Transfer Tax Act IN THE MATTER OF THE CONVEYANCE OF (insert brief description of land) Part Of Parcel Con 2-30-5 Section Darlington beipq Part of Lot 30 Concession 2, being Parts 10, 11 &_ 13, Plan 40R-167 , 'Itmin,£al,try of Cl rington in the Regional Municipality of Durham BY(print names of all transferors in full) BonnVdon Limited TO(am instruction 1 and print names of all transferees in full) The COrzioration of the Municipality of Claririgton 1,(see instruction 2 and print names)in full) Nicholas T. Maces MAKE OATH AND SAY THAT: 1. I am (piece a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)): (see Instruction 2) ;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)The20CK5Ch80QP=r solicitor acting in this transaction for (insert name(s)of principal(s)) The Corporati on Of the MUTilClpa]11V of Clarinaton described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs) ❑ (e)The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for (insert nams(s)of eorporatlon(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 ( 1 (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. (To be completed where the value of the consideration for the conveyance exceeds$400,000). I have read and considered the definition of"single family residence"set out in clause 1(1)(ja)of the Act.The land conveyed in the above-described conveyance ❑ contains at least one and not more than two 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 convey- 0 contains more than two single family residences.(see instruction 3) ance contains at least one and not more than two single family residences. ` 3. I have read and considered the definitions of"non-resident corporation"and"non-resident person"set out respectively in clauses 1(1)(f)and(g)of the Act ? and each of 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 4 and 5) - Nome �. 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 (b)Mortgages (i) Assumed (show principal and interest to be credited against purchase puce) . . • , , , , $ nil (ii)Given back to vendor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil (c)Property transferred in exchange (detail below) . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil All Blanks (d)Securities transferred to the value of (detail below) . . . . . . . . . . . . . . . . . . . . . . . . $ nib- Must Be (e) Liens,legacies,annuities and maintenance charges to which transfer is subject . . . . . . . $ nil (f) Other valuable consideration subject to land transfer tax (detau below) . . . . . . . . . $ Ill( Filled in. (g)VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO Insert'Nil' LAND TRANSFER TAX (Total of(a)to(f)) . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 $ 2.00 where (h)VALUE OF ALL CHATTELS - items of tangible personal property Applicable. (Retell sales Tax Is payable on the value of all chattels unless exempt under nil the provisions of the'Retail Sales Tar Act',R.S.O. 1980,0.454,as amended) • • • • • • • • • • • • • • • • . . . . . . . . . . . . . . . $ (i) Other consideration for transaction not included in(g)or(h)above . . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil (j) TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (see instruction s) Transfer to Municipality pursuant to a Subdivision Acrreerlent 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 Municipality Of Metropolitan 'Toronto this (� aY of Julqet 19 96 .4-7.-A Commissioner for taking Affidavi signsture(s) Property Information Record For Land Registry Office Use Only A. Describe nature of instrument: Transfer Of L=d Registration No. B. (i) Address of property being conveyed(if available) not assigned (ii)Assessment Roll No. (1favailable) not assigned C. Mailing address(es)for future Notices of Assessment under the Assessment Act for pproperty being conveyed(see instruction 7) 40 Te ipierence Street, BOWltlanyille, Ontario L1C 3A6 Registration Date Land Registry Office No. D. (i) Registration number for last conveyance of property being conveyed(if available) ltnkn DUM 00 Legal description of property conveyed: Same as in D.0)above. Yes❑ No❑ Not known E. Name(s)and address(es)of each transferee's solicitor Nicholas-, T. Maces. Barrisf-r?r & Sr)l i ri tnr 13 Ariplaide Strr�t G�c+ t'tP 2600 r P5 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 F� 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 urlless otherwise directed In(a)and(b). 04490(90 og) TO: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Municipality") AND TO: SHIBLEY RIGHTON their solicitors herein RE: Bonnydon Limited (the "Company") transfer to the Corporation of the Municipality of Clarington CERTIFICATE OF TITLE I, Sheldon Pettle, a solicitor of the Ontario Court, do certify that: (a) I am the solicitor for the Company and that the Company is the sole owner in fee simple of all land described as : Part of Parcel Con 2 - 30 - 5, Section - Darlington, being Part of Lot 30, Concession 2, being Parts 10, 11, 4-2, 13 & fir, Plan 40R 16748, Municipality of Clarington, in the Regional Municipality of Durham (the "Lands") . (b) the Company is a valid and subsisting corporation in accordance with the laws of the Province of Ontario with the capacity to convey land. (c) the easements in respect of the Lands in favour of the Municipality (the "Transfer") is not subject to the interest of any party save and except easement described in Instrument No. D42244 previously granted. This certificate is given by me to the Municipality for the purpose of having the Municipality rely upon for certifying title to the Transfer. DATED at Richmond Hill this ,�P day of May, 1996. LITOWITZ PETTLE Oe S IN, solicitors for the Compan Per: Sh n le DYE 6 UUNNAM W.INN-rOfm NO.WV Province Transfer/Deed of Land Amended NOV.1992 of Ontario �? Form 1 — Land Registration Reform Act (1) Registry L Land Titles ❑ (2) Page 1 of pages (3) Property Block Property Identiller(s) Additional: See r1 cyl Schedule LJ CN'7 (4) Consideration t" r t" z Clr sn NIL --------------------------- Dollars$ 0.00 .z - U-, t' sa (5)Description This is a: Property Property Division ❑ Consolidation ❑ T '�; � Part of Lot 30, Concession 2, in the Geographic Township v of Darlington, in the Municipality of Clarington, in LL w --7 the Regional Municipality of Durham, and being O New Property IdenVers CID Part 6, Plan 40R 16748 Q us C77 Additional: See ❑Schedule Executions Additional: See ❑ Schedule (6) This (a)Redescription ;(b) Schedule for (7) Interest/Estate Transferred Document New Easement Additional Easement - storm sewers Contains Plan/Sketch ❑ Description n Parties [] Other [] (8)Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that I am a spouse, the property transferred is not ordinarily occupied by me and my spouse, who . . . is not separated from me, as our family residence. Date of Signature . . . . .). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ur . . . . . . . . . . . . . y M D GAY, Richard Harry ; 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . ."'!�O! ! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . ! , , (9)Spouse(s) of Transferors) I hereby consent to this transaction Date of Signature Name(s) Signature(s) y M D t ! ! (10) Transferor(s)Address for Service 97 Athol Street East, P.O. Box 326, Oshawa, ON L1H 1J8 (11)Transferee(s) Date of Birth y M D THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . . . .i. . . � . . ! (12)Transferee(s)Address for Service 40 Temperance Street, Bowmanville, ON L1C 3A6 (13) Transferor(s)The transferor verities 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 y M O Signature. . . . . . . . . . . . . . . . . . l. . . ? Signature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . : . . . Solicitor for Transferor(s)I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of1the transferor to Q determine that this transfer does not contravene that section and based on [he 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 ' y ' M D a Address of Signature. . . . . . . . . . . . . . . . . . . . . . . O Solicitor d (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 a rm 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[his transfer does not contravene section 50 of the Planning Act.I act independently of the solicitor for the Iransferor(s)and I am an Ontario solicitor in good standing. c. Emw `-° m: Dale of Signature a o= Name and y D X0 Of d Address of Solicitor , o Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .;. . . . . TIFT (15) Assessment Roll Number ! Cty. !Mun.; Map ! Sub. ! Par. r Fees and Tax of Property i ! ! not assigned -j -- Z Registration Fee (16)Municipal Address of Property 11 PAW Pre ared by: O L Y A. YA1CH u) Land Transfer Tax not assigned PARKHILL & YANCH Barristers & Solicitors 0 63 King St E, Box 154 0 Oshawa, ON W L1H 7L1 MC 95309 o) Total �l; 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 overland flow route, storm sewers and catchbasins 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 purpose of installing, constructing, reconstruction, examining, altering, repairing, renewing or replacing and maintaining the Works or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the Lands. TO 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 structure, plant any trees, hedges or shrubs, place or remove any fill on any part of the Lands or cause or permit any person to interfere in any way directly or indirectly with the Works or in any way derogate from the easement hereby transferred; b) hereby releases the Transferee from any and every claim which 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,operation,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) releases to the Transferee all claims upon the interest hereby transferred. AND the Transferee shall have quiet possession of the said easement or right in the nature of an easement, free from all encumbrances and restrictions, save as mentioned herein. j DYa i DURHAM CO.INC.•FOtm Soo o Amended 1991 Affidavit of Residence and of Value of the Consideration ...-i Peter to all instructions on reverse side. Form 1 — Land Transfer Tax Act IN'THE MATTER OF THE CONY YANCE OF (Insedbriefdescriptionofland) r:. Part im Lot 30 Concession 2 in a ac Tbwnshi of Darlin on in the Munici i Mun ci lit of DurhaT 1 and beiDna Part the Reai nn--1 d BY(print names of so transferors in full) R1Qh and Harrtj (',av 5 TO(see kistruouon 1 and print names w di transferees In lulq 1he CO :)ration of to ) nirinali+c f Clar!Mgton y l I,(see instruction 2 and pant names)In fuu) NJ hol as T. lacos "ra MAKE OATH AND SAY THAT: .4. ❑1 am(place a clear mark within the square opposite that one of the following paragraphs that desctlbes the Capacity of the deponent(s)). (a"ktstruotion 2) (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)QVCW3a0Zp=r solicitor acting in this transaction for (Inset?name(s)of principsl(s)) The CO ration Of the Munici alit described in paragraph(s) (a), (b), (c) above; (stake out raewKw to ❑ (e)The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for (kwrt Inapplkabl�paragraphs) "4 nLrta(N of t»rporatkm(s)) j.� described in paragraph(s) (a), (b), (c) above;(.truce out reference,to Inepplkable -� ❑ If) A transferee described in paragraph( 1 jinaert only one of puagnph(a),(b)or(c)above,u graphs) behalf of (insert name of spouse) and am making this affidavit on my own behalf and on in paragraph( ) (Ineen only one a paragraph(y,(b)or(0)above,u who is my spouse described 2. (To be completed where the value of the consideration for the conveyance exceedals400,00p),such,I have personal knowledge of the facts herein deposed to. ❑I have read and considered the definition of"single family residence"set out in clause 1(1)(jal of the Act.The land conveyed in the above•described conveyance contains at least one and not more than two single family residences. Y ❑ does not contain a single family residence. Nose. Clause 2(1)(d) Imposes an additional tax at the rata of one-half of one per > contains more than two single family residences./s cent upon the value of consideration to excess of $400.000 where the convey y ❑ ae Instruction 3) ance contains at least one and not more than two single family residences, 'j 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 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 nticort oration"Act ? or a"non-resident person"as set out in the Act. (ear Instructions a and a) —None p r y 4, THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid in cash . . . . ( (b)Mortgages (1)Assumed (show principal and interest to be credited against purchase price) $ -2.00 : (ii)Given back to vendor . ' ' ' ' ' $ nil ' (c)Property transferred in exchange (detail below) $ Ill? ni] (d)Securities transferred to the value of(detail below) . , , , , , . . $ All Blanks (a) Liens,legacies,annuities and maintenance charges to which transfer is subject $ nj Must Be (f) Other valuable consideration subject to land transfer tax (detail below) $ ] . Filled In. (g)VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of(a)to if)) Insert'Nil, $ 2.00 $ 2.00 where (h)VALUE OF ALL CHATTELS items of tangible personal property (RWAN Sales Tax Is payable on the vdue of all chattels unless exempt under the provisions of the'ROHM SN"Tax Act',A.S.O.1 Applicable. (i) Other consideration for transaction not included in( �� . . . . . . ' ' • ' ' ' • • ' • • • • $ nil (j) TOTAL CONSIDERATION , , • . 81 or. . above . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil 5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (see Instruction a)00 Transfer to Munici alit ursuant to a Subdivision 6. If the consideration is nominal,is the land subject to any encumbrance? Bement. 7. Other remarks and explanations,if necessary. Sworn before me at the City Of Toronto in the Municipality of Metropolitan Toronto this ( �1 nday of July 1a 96 A Commissioner for to-king Affidavits, ? ` algnatur9(i) Property Information Record _ For Land Registry Office Use Only A. Describe nature of instrument: Iran. f r pf T^nr� B. (1) Address of property being conveyed(1f available) not asslCTned Registration No. (it)Assessment Roll No. pavan") not assigned C. Mailing address(es)for future Notices of Assessment under the Assessment Act for property being conveyed(see instruction 7) 40 TemoerenCe Street 130Witlanvilge 1 lC 3A Registration Dab Land n9gistry Olfice No. D. (I) Registration number for last conveyance of property being conveyed pf avallable) llnknoma (ii) Legal description of property conveyed: Same as in D.(i)above. Yes❑ No E. Names)and address(es)of each transferee's solicitor Not known [}]C 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 Suppoers (c) Do all individual transferees have French Language Education Rights 9 Yes❑ nNo 9 Yes❑ No❑ (d) U Yes,do all Individual transferees wish to support the French Language School Board O NOTE;As to(c)and(d)tha land being Irattef��WIN be aaegrtod q Ftertdt P (where eat bllshod)? yes No School Board or Sector mire..?Retries.dkoctad In(a)and(b). ONiD ta�oat DYE&DURHAM W.INU.—YOrm NO.WO Amended NOV.1992 /iarovince of Document General r Ontario Form 4—Land Registration Reform Act • (1) Registry ® Land Titles ❑ (2) Page 1 of —/� pages (3) Property Block Property f% Identifiers) Additional: t� See CID t f7 Schedule ❑ t"r) i- e--# a (4)Nature of Document AGREEMENT POSTPONING MORTGAGE (REGISTRY) C`- u_ � ,• f (5)Consideration J U ; Z u T s C73� O Dollars$ CM J (6)Description 0 Part of Lot 30, Concession 2, Municipality of Clarington u- " ' =r) (formerly Township of Darlington) , in the Regional o Municipality of Durham being V_ Part 6, Plan 40R 16748 New Property Identifiers Additional: See F]Schedule Executions (7)This (a) Redescription (b) Schedule for: Additional: Document New Easement Additional See ❑ Contains: Plan/Sketch ❑ Description ❑ Parties ❑ Other x❑ Schedule (8)This Document provides as follows: Continued on Schedule ❑ (9)This Document relates to Instrument number(s) Mortgage # D445543 (10) Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D ROYAL BANK OF CANADA We have authority .to bind the Bank /9g d 0 6.117. E.K. (ED) DA - Account Manager Postponing Mortgagee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I/WE have the authority to bind the Bank. BART EVANS - Sr. Account Manager (11) Address for Service 40 King St W, 8th Floor, Oshawa, ON L1H lA4 (12) Party(ies) (Set out Status or Interest) Date of Signature Name(s) Signature(s) v D THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i I (13)Address for Service 40 Temperance Street, Bowmanville, ON L1C 3A6 (14) Municipal Address of Property �15)R%Vurnent_Pf@ dZd by: } Fees and Tax ZI,,FFii RRYY AA YYAANNI:riri J PARKHILL & YANCH z Registration Fee not assigned o Barristers & Solicitors W 63 King St E, Box 154 U) Oshawa, ON v L1H 7L1 MC 95309 0 cc 0 Total ILL DYE&DURHAM CO.INC.—Form No.990 -; Amended NOV.1992 r. Province of Schedule s Ontario Form 5—Land Registration Reform Act Page Additional Property Identifier(s)and/or Other Information AGREEMENT POSTPONING MORTGAGE (REGISTRY) I/WE, ROYAL BANK OF CANADA the registered owner of the Mortgage dated the 8th day of December, 1994, and registered on the 21st day of December, 1994, made by RICHARD HARRY GAY to ROYAL BANK OF CANADA mortgaging the land registered in the Land Registry Office for the Registry Division of Durham No. 40 on Part of Lot 30, Concession 2, Municipality of Clarington, (formerly Township of Darlington) , in the Regional Municipality of Durham Hereby postpone Mortgage No. D 445543 to the Easement for storm sewers dated the 19 >.4 day of JOE , 1996 made by RICHARD HARRY GAY to THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON and registered on the ',q day of JLLLIr 1996, as Instrument No. 1:� 4747-32 w} U� U-0 OW O� ' vre a wnnn,� of°"'1QB Transfer/Deed of Land Amended NOV. 189Z • Ontario Form 1 —Land Registration Reform Act A (1) Registry Lg! Land Tllles !_I (2) Page 1 of �� pages (3) Property Block Property Q Idenlilier(s) Additional: © see _1 Schedule (4) Consideration Cam- c;z) J "7— Fz— NIL ———————————————————————————— Dollars$ 0.00 C`— C w (5)Description This is a: Property Property o s �- Division U Consolidation u S r-t Part of Lot 30, Concession 2, in the Geographic Township W Q v --� —r of Darlington, in the Municipality of Clarington, in it the Regional Municipality of Durham and being LL 0 New Property Idensrs to Parts 3 & 8, Plan 40R 16748 0 pfy C7) Additional: rr t See Schedule L_� Executions Additional See Schedule (6) This (a)Redescription ;(b) Schedule for: (7) Interest/Estate Transferred Document New Easement Additional r Fee Simple Contains Plan/Sketch I Description El 0 Parties Other 0 (6)Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transfero is a least eighteen years old and that :1 I am a spouse, the property transferred is not ordinar o up d y me and my spouse, who is not separated from me, as our family residence. Date of Signature (.). Y M D Names Signal it, GAY, Richard Harry 11996 . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . I . . . . + . . 1 (9)Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature Names) Signa?ure(s) Y M D I I i r t i (10)Transferor(s)Address for Service 97 Athol Street East, P.O. Box 326, Oshawa, ON L1H 1J8 (11)Transferee(s) Dale of Birth V M D THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . .;. . . ; . . t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ! (12)Transferee(s)Address for Service 40 Temperance Street, Bowmanville, ON 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 Dale of Signature Y M D r Y M D Signature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' . . Signature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .!. . . ., . . . 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 a 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 0 Name and I Y , M D a Address of O Solicitor Signature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (14)Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am salislied that the title records Q D 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[his transfer C t does not contravene section 50 of the Planning Act.I act independently of the solicitor for[he transferor(s)and I am an Ontario solicitor in good standing. C c�� a No- Name and Date of Signature x Zj e Address of Y M D Z<Q V=.?N .Solicitor [ O � Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .!. . . . . . . . ... . . . (15) Assessment Roll Number i Cry. !Mun.I Map Sub. 1 Par. Fees and Tax of Property ! not assigned J _ Z Registration Fee (16)Municipal Address of Property (17)Document Prepared by: 0 LARRY A. YANCH u) Land Transfer Tax not assigned PARKHILL & YANCH W w Barristers & Solicitors v lL 63 King St E. Box 154 0 Oshawa, ON lr L1H 7L1 95309 MC o Total DYE a OuRHAM CO.INC.•Form No.500 Amended 1991 Affidavit of Residence and of Value of the Form 1 Consideration - Land Transfer Tax Ac Reler to all instructions on reverse side. P,4rt o;� Lot 30 rIN T14E MATTER OF THE CONVEYANCE OF (insert brief description of land) r Concession 2 r in the Geographic Township of Darlington, in the Municipality of Clrlington, in the Regional N>iinicipality - of Durham and being Parts 3 and 8, Plan 40R-16748 BY(print names of all transferors in full) _Ri�r a_rd Harry nav TO(am instruction 1 and print names of all transferees in full) The Corporation of the Municipality of Clarington 1,(see Instruction 2 and print names)in full) Nicholas T MaC os MAKE OATH AND SAY THAT: 1. I am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)): (see Instruction 2) ❑ (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)Thei r solicitor acting in this transaction for (insert name(s)of principal(s)) The Cor)DOratiOn Of the Municipality C) Clarinaton described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs) ❑ (e)The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for (insert names)o►corporatkm(s)) described in paragraph(s) (a), (b), (c) above;(strike out references to Inapplicable paragraphs) ❑ (f) A transferee described in paragraph( 1(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. (To be completed where the value of the consideration for the conveyance exceeds$400,000). I have read and considered the definition of"single family residence"set out in clause 1(1)(ja)of the Act.The land conveyed in the above-described conveyance ❑ contains at least one and not more than two single family residences. Note: Clause 20)(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 convoy- contains more than two single family residences.(see instruction 3) ance 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. (a"instructions 4 and 5) None 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 (b)Mortgages 0)Assumed (show pdr;OW and interest to be credited against purchase price) . . . , , . , $ nil (ii) Given back to vendor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil (c)Property transferred in exchange (detail below) . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil All Blanks (d)Securities transferred to the value of (detail below) . . . . . . . . . . . . . . . . . . . . . . . . $ nil Must Be (e) Liens,legacies,annuities and maintenance charges to which transfer is subject . . . . . . . $ nil M Other valuable consideration subject to land transfer tax (detail below) . . . . . . . . . . $ nil Filled In. (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO Insert'Nil' LAND TRANSFER TAX (Total of(a)to(f)) . . . . . . . . . . . . . . . . $ 2.00 $ 2.00 where (h)VALUE OF ALL CHATTELS - items of tangible personal property Applicable (Retail Sales Tax Is payable on the value of all chattels unless exempt under nil the provisions of the'Retail Sales Tar Act',R.S.O. 1980,c.454,as amended) • • • • • • • . • • • • • • • • . . . . . . . . . . . . $ (i) Other consideration for transaction not included in(g)or(h)above . . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil (j) TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (see instruction s) Transfer to Municipality pursuant to a 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 Thronto in the Municipality of Metropolitan Toronto this rQ day of JulW,e 19 96 A Commissioner for taking Affidav ' si gnatures) Property Information Record For Land Registry Office Use Only A. Describe nature of instrument: Transfer Of Tand Registration No. B. 0) Address of property being conveyed(if available) not assigned (ii)Assessment Roll No. (if available) not assigned C. Mailing address(es)for future Notices of Assessment under the Assessment Act for property being conveyed(see instruction 7) 40 Towerence Street, Bowmanville, Ontario L1C 3A6 Registration Date land Registry Office No. D. (i) Registration number for last conveyance of property being conveyed(if available) ttnkn71AM (ii) Legal description of property conveyed: Same as in D.(i)above. Yes❑ No❑ Not known X E. Name(s)and address(es)of each transferee's solicitor Nicholas; T. Macos. Barristt?r & S01iCitor 0 Adelaide r Street- GIaGt r ii to 2600 r i H P5 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 F-1 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 w7N be assigned to the French Public School Board or Sector unkm ogrerwise directed in(a)and(b). 0449D DYE 8 DURHAM CO.INC.-Form No.980 Amended NOV.1992 Province of Discharge of Charge/Mortgage C Ontario Form 3—Land Registration Reform Act (1) Registry xQ Land Titles (2) Page 1 of � pages GJ L>7 U7 (3) Property Block Property M £-> � Identifiers) Additional: E `c See c= Schedule El E:: (4)Description O �` ILA_ "Z' x. y U7 Part of Lot 30, Concession 2, Municipality of Clarington D (formerly Township of Darlington) , in the Regional W cm --I Municipality of Durham being Parts 3 & 8, LL `- Plan 40R 16748 0 ,� { cc Uj 0 0 LL � New Property Identifiers Additional: See Schedule El (5)Charge to be Discharged (6)This Is a Registration Number Date of Registration y M D D445543 11994 1 12 121 1 j --� Complete Discharge E] Partial Discharge® Final Partial Discharge t----------------------- ---------•- (7)Description(contd.),Recitals,Assignments This partial discharge does not contravene Section 50 of the Planning Act. Continued on Schedule [] (6)Chargee(s) I am the person entitled by law to grant the discharge and this charge is hereby discharged as to the land described herein. Name(s) Signature(s Date of Signature y M D ROYAL BANK OF CANADA 1996 ! iy6i /9 WE HAVE THE AUTHORITY TO BIND THE BANK Account Managet1 /1 BART EVANS - Sr. Account Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . I . . .?. . . Additional: ❑ See Schedule (9)Chargee(s)Address (10)Document Prepared by: } Fees for Service King LARRY A. YANCH St West, Suite 800 40 z PARKHILL & YANCH 0 Registration Fee Oshawa, ON Barristers. & Solicitors (n L1H lA4 63 King St E, Box 154 W Oshawa, ON 0 LL L1H 7L1 MC 95309 0 cc 0 Total Province Transfer/Deed of Land - - nma�aea NOV. ,a9z � of Ontario lr, r, Form 1 — Land Registration Reform Act A. (1) Registry Land Titles ❑ (2) Page 1 of pages (3) Property Block Property Identifier(s) Additional: See f� Co r 1 7 Schedule LJ (4) Consideration J ? .zri NIL ---------------------------- Dollars$ 0.00 c� Z C. o f (5)Description This is a: Property Property Division ❑ Consolidation ❑ U T w m � W --� '1 Part of Lot 30, Concession 2, in the Geographic Township LLof Darlington, in the Municipality of Clarington in the O New Property Identifffs Regional Municipality of Durham and being o v - Additional_ Parts 4, 7 & 9, Plan 40R 16748 See ❑Schedule Executions Additional: See ❑ Schedule (6) This (a)Redescription ;(b) Schedule for: (7) interesl/Estate Transferred Document New Easement Additional XX IOXX Easement -- snow storage Contains Plan/Sketch ❑ Description n Parties ❑ Other ❑ I (8)Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that I am a spouse, the property transferred is not ordinarily occupied by me and my spouse, who ... . . .t. separiE 'd I oifi me;' as'our family 'residence Date of Signature Y M D Name(s) Signalure(s) 1 'o GAY, Richard Harry :1996 i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t (9)Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) Signa!ure(s) Y M D I ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . t (10) Transferor(s)Address for Service 97 Athol Street East, P.O. Box 326, Oshawa, ON WH W8 (11)Transferee(s) Date of Birth Y M D THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . . . . . . . ; . . (12)Transferee(s)Address for service 40 Temperance Street, Bowmanville, ON 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 i y M ; D y M D Signature. . i. . . . . .�. . . ! Signature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:. . . ., . . . Solicitor for Transferor(s)I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of1the 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 Name and , Y , M ; D L Address of Signature. . . . . . . . . . . 0 Solicitor `" (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 A v Z 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 O c does not contravene section 50 of the Planning Act.I act independently of the solicitor for[lie transferor(s)and I am an Ontario solicitor in good standing. `—° dE Dale of Signature o- i,b.. Name and Y M D x-e Address of , a Y` Solicitor oSignature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .,. . . (n (1 6) Assessment Roll Number t Cy. =Mun,i Map Sub. Par. } Fees and Tax of Property ; ! not assigned Z Registration Fee (16)Municipal Address of Property (17)Document Prepared by: w LARRY A. YANCH (n Land Transfer Tax PARKHILL & YANCH not assigned W Barristers & Solicitors 63 King St E, Box 154 0 Oshawa, ON tr L1H 7L1 MC 95309 o Total li ADDITIONAL COVENANTS The Transferor hereby transfers to the Transferee, its successors and assigns, the free, uninterrupted and unobstructed right and easement (the "Easement") to construct, operate and maintain such temporary turning circle 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: i) installing, constructing, reconstruction, examining, altering, repairing, renewing or replacing and maintaining the Works or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the Lands; and (ii) the storage of snow. TO HAVE AND TO HOLD the said Easement and Right to Enter in accordance with the terms of the Subdivision Agreement made between the Transferor and the Transferee, notice of which Agreement was registered as Instrument No.L.T 711'0 1?3(the "Agreement"). The Transferee shall deliver a release of the Easement and the Right to Enter in registerable form to the Transferor when obligated to do so pursuant to the terms of the Agreement. AND the Transferor: a) covenants that it will not erect any buildings or structure, plant any trees, hedges or shrubs, place or remove any fill on any part of the Lands or cause or permit any person to interfere in any way directly or indirectly with the Works or in any way derogate from the Easement hereby transferred; b) hereby releases the Transferee from any and every claim which 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, operation, 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) except for the release of Easement and the Right to enter as provided in the Agreement releases to the Transferee all claims upon the interest hereby transferred. AND the Transferee "during the Term, shall have quiet possession of the said Easement or right in the nature of an easement, free from all encumbrances and restrictions, save as registered in priority to this Transfer of Easement. DYE 8 OUHHM,CO.INC.•Form No.500 Affidavit of Residence and of Value of the Consideration Am+inded 1981 s Re)er to all instructions on reverse side. Form 1 — Land Transfer Tax Act i IN THE MATTER OF THE CONVEYANCE OF (insert brief description of land) -part Of LOt 30 t'nnr•o�c;r,.. in tho ("an the DI]n i-ri n;41 i blini Ship of -rl i,nrTF of Durham and being Parts 4, 7 ar-O 9 r nl an dnr?-1 ti7ag. BY(print names of all trensferom in full) Ri:nh rd Harry Gay TO(am instruction 1 and print names of all transferees in lull)_-The Cormration of the Muni i p la__t, y of C]arinctton 1,two Instruction 2 and print name(s)In full) Nicholas aS T. MacoS MAKE OATH AND SAY THAT: 1, I am(place a dear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)): (see instruction 2) ❑ (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 r solicitor acting in this transaction for (insert name(s)of principal(s)) The oration of the Municipality Of Clari n For described in paragraph(s) (a), (b), (c) above; (atriktip out references to inapplkable paragraphs) ❑ (e)The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for poserm�ma(s)of corporat 8)) described in paragraph(s) (a), (b), (c) above;(strike out references to Inapplicable paragraphs) ❑ (f) A transferee described in paragraph( )pnaert only one of paragraph(a),(b)or(c)above,as applicable) and am mak ing 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. (TO be completed where the value of the consideration for the conveyance exceeds 5400,000). I have read and considered the definition of"single family residence"set out in clause 1(1)(ja)of the Act.The land conveyed in the above-described conveyance ❑ contains at least one and not more than two 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 convey- 0 contains more than two single family residences.(see instruction 3) ance 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 4 and 5) -- None f 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 (b)Mortgages (I)Assumed (Show principal and Interest to be credited against purchase price) . . . . . . . $ nil (ii)Given back to vendor , . $ nil (c)Property transferred in exchange (detail below) . . . . . . . . . . . . . . . . . . . . . . . $ Blanks nil- (d) Securities transferred to the value of (detail below) . . . $ nil. All (e) Liens,legacies,annuities and maintenance charges to which transfer is subject . . . . . . . $ nil Must Be (f) Other valuable consideration subject to land transfer tax (detail below) . . . . . . , $ nil Filled In. (g)VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO insert'Nil' LAND TRANSFER TAX (Total of(a)to(f)J , , • . . . . $ 2.QQ $ 2.00 where (h)VALUE OF ALL CHATTELS - items of tangible personal property (Retail Sales Tax is payable on the value of all chattels unless exempt under Applicable. the provisions of the'Retail Sales Tax Act',R.S.O. 1880,0.454,as amended) • . . • • • . • • • . . . . . . . . . . . . . . . . . . . . . $ nil M Other consideration for transaction not included in(g)or(h)above . . . . . . . . . . . . . $ nil (j) TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6) Transfer to Municipality pursuant to a 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 rfbronto inthe Municipality of Metropolitan Zbronto this day of July 19 96 5 AZ _ 2 A Commissioner for taking Affidavits, c. signature(s) Property Information Record For Land Registry Office Use Only A. Describe nature of instrument: Tran. f r Of Tand Registration No. B. (i) Address of property being conveyed pl availablel - not assigned (ii)Assessment Roll No. (Ifaysilable; - not assigned C. Mailing address(es)for future Notices of Assessment under the Assessment Act for pproperty being conveyed(see Instruction 7) 40 Temperence Street, Bownianyille, Ontario L1C 3A6 Registretion Date Land Registry Office No. D. (1) Registration number for last conveyance of property being conveyed pf avauable) tlnkn mag (ii) Legal description of property conveyed: Same as in D.(i)above. Yes❑ No❑ Not known E. Name(s)and address(es)of each transferee's solicitor Nicholas-, T- MacOS It Ba_rri Gtnr & Sol i r•i tors 0 AciPl a i de c� t 2600, 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) B Yes,do all individual transferees wish to support the French Language School Board(where established)? Yes No❑ NOTE:As b(r)and(d)tree land being tranelerred twiN be eeefgned to go French Public So"Board cr Sector ta111leee 09wiaNe directed in(a)and(b). 4449D 00-W DYE&DURHAM CO.INC.—"rm NO.Utf0 Amended NOV.1992 i Province Document General of 0 ' Ontario Form 4—Land Registration Reform Act (1) Registry ® Land Titles ❑ (2) Page 1 of pages z (3) Property Block Property Q Additional: .--f Identifier(s) C" i--• See C'� Ln Schedule ❑ �y, ski (4)Nature of Document cE � AGREEMENT POSTPONING MORTGAGE (REGISTRY) J ? a t� (5)Consideration ex: Cn Z p C-> J J Dollars$ tWi> �- (ti)Description U w CID Part of Lot 30, Concession 2, Municipality of Clarington o (formerly Township of Darlington) , in the Regional Ir Municipality of Durham being Parts 4, 7 & 9, Plan OR 16748 New Property Identifiers Additional See Schedule Executions (7)This (a) Redescription (b) Schedule for: Additional Document New Easement Additional See ❑ Contains: Plan/Sketch ❑ : Description ❑ Parties 0 OtJrE Schedule (8)This Document provides as follows: Continued on Schedule ❑ (9)This Document relates to instrument number(s) # D445543 4y-3 tS (10) Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D ROYAL BANK OF CANADA ; 1996 We have authority to bind the Bank 194b 06 19 E.K. (ED) - r. Acc Manager . . Postponing.Mortgagee. . . . . . . . . . . . . . . . . . . . . . . ; . . . . . BART EVANS - Sr. Account Manager I/WE have the authority to bind the Bank. (11) Ad for 40 King St W, 8th Floor, Oshawa, ON L1H 1A4 (12) Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (13) Address for Service 40 Temperance Street, Bowmanville, ON L1C 3A6 (14) Municipal Address of Property (15) Document Prepared by: } Fees and Tax LARRY A. YANCH Z Registration Fee not assigned PARKHILL & YANCH O Barristers & Solicitors W U) 63 King St E, Box 154 w Oshawa, ON v LL L1H 7L1 MC 95309 0 0 Total ir DYE 8 DURHAM CO.INC.—FOrm NO.990 IF 3d it Province Amended NOV.1992 of Schedule s ri Ontario Form 5—Land Registration Reform Act Page Additional Property Identifier(s)and/or Other Information AGREEMENT POSTPONING MORTGAGE (REGISTRY) I/WE, ROYAL BANK OF CANADA the registered owner of the Mortgage dated the 8th day of December, 1994, and registered on the 21st day of December, 1994, made by RICHARD HARRY GAY to ROYAL BANK OF CANADA mortgaging the land registered in the Land Registry Office for the Registry Division of Durham No. 40 on Part of Lot 30, Concession 2, Municipality of Clarington, (formerly Township of Darlington) , in the Regional Municipality of Durham Hereby postpone Mortgage No. D 445543 to the Easement for snow storage dated the .�4?A day of jit,N E 1996 made by RICHARD HARRY GAY to THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON and registered on the 9 4k day of Ju,-Y 1996, as Instrument No. ID � � ✓� w} UJ LLZ U.0 W CC UJL O� y TO: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Municipality") AND TO: SHIBLEY RIGHTON their solicitors herein RE: Richard Harry Gay (the "Owner)) transfer to the Corporation of the Municipality of Clarington CERTIFICATE OF TITLE I, RONALD WORBOY, a solicitor of the Ontario Court, do certify that: (a) I am the solicitor for the Owner and that the Owner is the sole owner in fee simple of all land described as : Part of Lot 30, Concession 2, in the Geographic Township of Darlington, in the Municipality of Clarington, in the Regional Municipality of Durham and being Parts 3, 4, 6 7, 8 & 9, Plan 40R 16748 (the "Lands") . (b) the transfer in fee simple and the easements in respect of the Lands in favour of the Municipality (the "Transfer") is not subject to mortgages or other encumbrances upon the Lands or any part thereof save and except the following: dGXtX�(�(�(X X�(X X��l��X'X X�(�(X 74X X����X X X �(X X��X X��(�(�(�C�(X X► ( (X�� �(XXX0(*KJXKX1X0(XXX9 XX0X A mortgage in favour of Royal Bank of Canada registered as Instrument No. D 445543 This certificate is given by me to the Municipality for the purpose of having the Municipality rely upon for certifying titl to the Transfer. Dated at Oshawa this / day of V I J(— 1996. OL'.., 06 AA RONAL 0)V r 0 T of Transfer/Deed of Land Amended NOV.1992 of � Ontario Form 1 — Land Registration Reform Act A 1 (1) Registry jgj Land Titles �� (2) Page 1 of pages (3) Property Block Property C:3 Identifier(s) Additional: CtJ t17 See Cr'3 G c� Schedule El— cn e—f (4) Consideration �— tta E vi � C� Z, NIL Dollars$ 0.00 J t� O ? O C CJ� p (5) Description This is a: Property Property W �..� Division u Consolidation L] D v 0 p � Part of Lot 30, Concession 2, in the Geographic Township LL co of Darlington, in the Municipality of Clarington, in O New Property Iden5lilers the Regional Municipality of Durham and being Cl Additional: Part 2, Plan 40R 16748 O See LL r, Schedule u Executions Additional See �� Schedule (6) This (a)Redescription :(b) Schedule for: (7) Interest/Estate Transferred Document New Easement Additional Fee Simple Contains Plan/Sketch n Description n Parties Other [� 1 (8)Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that I am a spouse, the property transferred is not ordinarily occupied .by ,me _and .my spouse, .who is not separated from me, as our family residence Date of Signature Name(s) Signature. . . . . . . . . . . y M D GAY.,. . Lawson n _ cold Hery. . . . . . . . . . . . . . . . . . . . . . . . . . . . G�.t/?. . . . . . . . 11996, .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . 1 , i � 1 ; t 1 ' (9)Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Sign lure Name(s) Signatures) y M D t I ( (10) Transferor(s)Address 97 Athol Street East for Service Oshawa, Ontario L1H Q8 (11)Transferee(s) Dale of Birth y M D THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON I ' 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I a • i I1 � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i 1 (12)Transferee(s)Address for service 40 Temperance St, Bowmanville, ON L1C 3A6 (13) Transferor(s)The transferor verities 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 y M i D 1 ' I Signature. . . . . . . . . . . . . . . . . . . . . . .I. . . . . .;. . . t Signature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . .. . . . 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 a determine that this transfer does not contravene that section and based on the information supplied by the Iransferor, to the best of my knowledge and Z belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Dale of Signature 0 Name and , y M D a Address of Signature. I O Solicitor I n (14)Solicitor for Transferee(s) I have investigated the Lille to this land and to abutting land where relevant and I am satisfied that the title records rnn 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 „ 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. c E/0 a N_`o 5 Name and Dale of Signature x o e Address of y M D E=1 Solicitor ' Q U= Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .I. . . . . (15) Assessment Roll Number Cry. Mun.; Map Sub Par. } Fees and Tax of Property ! not assigned Z Registration Fee 16 Municipal Address of Property 417 urrg�ent p 4? Td by: O ( not assigned y A. YAN�" V) Land Transfer Tax PARKHILL & YANCH D Barristers & Solicitors 0 63 King St E, Box 154 LL Oshawa, ON m L1H 7L1 MC 95309 Total 1 DYE&DURHAM CC.INC.-Form No.500 Amended 1991 Affidavit of Residence and of Value of the Consideration Form 1 - Land Transfer Tax Act Refer to all instructions on reverse side. part of Lot 30 t IN THE MATTER OF THE CONVEYANCE OF (insert brief description of land) r Concession 2, in the Geographic Zbwr shill..) of Darlinat= in the Mimi m na l i ty of rl ari=t0nn r in i-he R=i ona l Muni r•i na_1 i tv_ of Durham and heinq Part 20, Plan 4f)R-1 ti74R_ BY(print names of all transferors in full) Lhiys)n Henry Cla4 TO(see instruction 1 and print names of all transferees in full) The Corporation of the Municipality of Clarington 1,(see instruction 2 and print names)in full) Nicholas T Macos MAKE OATH AND SAY THAT: 1. I am(place a dear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponani(s)): (see instruction 2) ❑ (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)TheXXKXWCQpMr solicitor acting in this transaction for (insert name(s)of principags)) The Corporation of the Municipality of Clari n_gton described in paragraph(s) (a), (b), (c) above; (stoke out references to inapplicable paragraphs) ❑ (e)The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for (insert names)of coriwration(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. (To be completed where the value of the consideration for the conveyance exceeds$400,000). I have read and considered the definition of"single family residence"set out in clause 1(1)(ja)of the Act.The land conveyed in the above-described conveyance .1 ❑ contains at least one and not more than two single family residences. Nose: 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 convey. ❑ contains more than two single family residences.(see instruction 3) ance 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 4 and 5) None �- 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: I (a)Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _2.00 (b)Mortgages (i)Assumed (show,prindpaf and interest to be credited against purchase price) . . . . . . . $ nil (ii)Given back to vendor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil (c)Property transferred in exchange (detail below) . . . . . . . . . . . . . . . . . . . . . . . . . . $ —nil- All Blanks (d)Securities transferred to the value of (detail below) . . . . . . . . . . . . . . . . . . . . . . . . $ nil Must Be (e) Liens,legacies,annuities and maintenance charges to which transfer is subject . . . . . . . $ nil (f) Other valuable consideration subject to land transfer tax (detail below) . . . . . . . . $ nil Filled In. (g)VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO Insert'Nil' LAND TRANSFER TAX (Totalof(a)to(f)) . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 $ 2.00 where (h)VALUE OF ALL CHATTELS - items of tangible personal property Applicable. (Retail Sales Tax Is payable on the value of all chattels unless exempt under nil the provisions of the'Retail Sales Tax Act',R.S.O. 1980,0.454,as amended) . . • • . . . . . • • • • • • . . • . . . . . . . . . . . . . $ (i) Other consideration for transaction not included in (g)or(h)above . . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil (j) TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (see instruction s) Transfer to Municipality pursuant to a 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 Municipality of Metropolitan 'Toronto this (0 day of July 19 96 .. A Commissioner r a ing Affidavit c. signature(s) Property Information Record V For Land Registry Office Use Only A. Describe nature of instrument: n f r of Land Registration No B. (i) Address of property being conveyed(if available) not assigned (ii)Assessment Roll No. (Uavailable) not assigned C. Mailing address(es)for future Notices of Assessment under the Assessment Act for pproperty being conveyed(see instruction 7)_40 Tenperence Street, BoWmanyille, Registration Date Land Registry Office No. Ontario L1C 3A6 D. (i) Registration number for last conveyance of property being conveyed(it available) 11nknrwan (ii) Legal description of property conveyed: Same as in D.(i)above. Yes❑ No❑ Not known E. Name(s)and address(es)of each transferee's solicitor NiChOlaS T Macos Barrister 9 Snl i ri i-nr r 130 Ade1 a i de Strt�at •��+r S1 ti to 2600 r p 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[J (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)• 04490(90.09) Province Transfer/Deed of Land °�AmendedNOV.1982 V -� -• x 1.-[^ Ontario Form 1 —Land Registration Reform Act `J (1) Registry ❑7 Land Titles ❑ (2) Page 1 of //! pages (3) Property Block Property Identifier(s) AddilionaC c� See ❑ e" Schedule �{ r_- (4) Consideration cY NIL -------------------------- Dollars$ 0.00 c>: a= '+ s zz e`- (5)(5)Description This is a: Property Property W �.. Division 1-1 Consolidation El cn yw.:a e-d x Part of Lot 30, Concession 2 in the Geographic Township W Cl G J -� of Darlington, in the Municipality of Clarington, in the cm L U. L_ Regional Municipality of Durham and being " co Part 1, Plan 40R 16748 0 New Property Identiners cr) 0 « Additional: LL See ❑ Schedule Executions Additional: See ❑Schedule (6) This (a)Redescription ;(b) Schedule for: (7) Interest/Estate Transferred Document New Easement Additional Easement - snow storage Contains Plan/Sketch 1 Description ❑ Parties [] Other❑ (8)Transferors) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that .I .am .a spouse. . The .p.roperty. being .transferred .i.s not .or.di.nar.i.l.y .occupied by .me -and .my . • . • • • . spouse, who is not separated from me, as our family resi denc Date of Signature . . . y M D Name(s) S� �aturP(s) t GAY, Lawson Henry . . . . . . . . . . . . . G�-�1 �" 1 . . . 1996 iob i. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9)Spouse(s)of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) Signatures) y M D t i (10) Transferor(s)Address 97 Athol Street East for Service (11)Transferee(s) Date of Birth y M D THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;. . . � . . (12) Transferees)Address for service 40 Temperance Street, Bowmanville, ON 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 y M D Signature. . . . . . . . . . . . . . . . . . . . . . . .:. . . . . ... . . . . . Signature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . l . . . 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 A 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 LAddress of H Signature. . . . . Solicitor iu (14)Solicitor for Transferee(s) I have investigated the title to this land and to abuliing land where relevant and I am satisfied [hat the Lille records rnnEZ reveal no contravention as set out in subelause 50(22)(c)(ii)of the Planning Act and that to the best of my knowledge and belief this transfer d does not contravene section 50 of the Planning Act.1 act independently of the solicitor for the transferor(s)and I am an Ontario solicitor in good standing. c mu a m Date of Signature r„o� Name and y M D ,, :w Address Of , Esc Solicitor Q.0 NSignature. . . . . . . . . . . . . . . . . . . . . . . . . . .i. . . . . . .. . . ... . . (15) Assessment Roll Number ; Cty. ;Mun.{ Map t Sub. Par. } Fees and Tax of Property I not assigned z Registration Fee (16)Municipal Address of Property 1 (17)Document Prepared by: O LARRY A. YANCH Land Transfer Tax not assigned PARKHILL & YANCH Barristers & Solicitors v 63 King St E, Box 154 0 Oshawa, ON Cl L1H 7L1 95309 MC Total l ADDITIONAL COVENANTS The Transferor hereby transfers to the Transferee, its successors and assigns, the free, uninterrupted and unobstructed right and easement (the "Easement") to construct, operate and maintain such temporary turning circle 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: i) installing, constructing, reconstruction, examining, altering, repairing, renewing or replacing and maintaining the Works or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the Lands; and (ii) the storage of snow. TO HAVE AND TO HOLD the said Easement and Right to Enter in accordance with the terms of the Subdivision Agreement made between the Transferor and the Transferee, notice of which Agreement was registered as Instrument No.c..T 75 0 873(the "Agreement"). The Transferee shall deliver a release of the Easement and the Right to Enter in registerable form to the Transferor when obligated to do so pursuant to the terms of the Agreement. AND the Transferor: a) covenants that it will not erect any buildings or structure, plant any trees, hedges or shrubs, place or remove any fill on any part of the Lands or cause or permit any person to interfere in any way directly or indirectly with the Works or in any way derogate from the Easement hereby transferred; b) hereby releases the Transferee from any and every claim which 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, operation, 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) except for the release of Easement and the Right to enter as provided in the Agreement releases to the Transferee all claims upon the interest hereby transferred. AND the Transferee, during the Term, shall have quiet possession of the said Easement or right in the nature of an easement, free from all encumbrances and restrictions, save as registered in priority to this Transfer of Easement. A DYE 6 DURHAM CO.INC.•Form No,500 Amended 1981 Affidavit of Residence and of Value of the Consideration ter to au instructions on reverse side. Form 1 - Land Transfer Tax Ac r IN THE MATTER OF THE CONVEYANCE OF (Insert brief description of land) Part Of Lot 30f Concession 2. in the Geographic UbwnshiA of D7rl;naton in the Municipality of Clarincrton, in the Re ions Municip i of Diirham and being Part 1 plan 40R-16748. BY(print names of all transferors in futy Lawson Henry Gay TO(see Instruction 1 and print names of all transferees in full) The QQrporation Of the Ml7llj ClPal i t j of Clarlllgtnn 1,(see Instruction 2 and print name($)in full) Nichol-as T. Macos MAKE OATH AND SAY THAT: 1. I am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent($)): (sea Inatruction 2) ❑ (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=12=11500=r solicitor acting in this transaction for (insert name(s)ofprinctpai(s)) The Corporation Of the Municipality described in paragraphs) (a), (b), (c) above; (strike out references to Inapplicable par ❑ (e)The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for insert agrapha) ( name(s)of cwPOratlon(i)) described in paragraph(s) (a), (b), (c) above;(strike out references to inappikabie 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) in paragraph( ) Insert only one of who is my spouse described 9 ( y paragraph(a),(b)or(c)above,as applicable) and as such,I have personal knowledge of the facts herein deposed to. 2. (To be completed where the value of the consideration for the conveyance exceeds$400,000). I have read and considered the definition of"single family residence"set out in clause 1(1)(ja)of the Act.The land conveyed in the above-described conveyance ' ❑ contains at least one and not more than two single family residences. does not contain a single family residence. Noes: Clause 2(1)(d) imposes an additional tax at the rate of one-half of one per ❑ cent upon the value of consideration in excess of,$400,000 where the convey- contains more than two single family residences.(sw instruction 3) ance 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 E 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. (sea Instructions 4 and s) — N_ Orie 4, THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid in cash . . . . . . . . $ 2.00 (b)Mortgages (i)Assumed (show principal and Interest to be credited against purchase price) , . , , , , . $ nil (ii)Given back to vendor . . . . . . . . . . . . . . . . . $ _1 (c)Property transferred in exchange (detail below) , , $ nil (d)Securities transferred to the value of (detail below) . . . , , , $ nil All Blanks (s) Liens,legacies,annuities and maintenance charges to which transfer is subject . . . . . . . $ _nil Must Be (f) Other valuable consideration subject to land transfer tax (derail below) . . . . . . , , . . $ nil Filled In. (g)VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO insert'No, LAND TRANSFER TAX (Total of(a)to(f)) . . , , $ 2.00 2.00 when (h)VALUE OF ALL CHATTELS - items of tangible personal property (Retail Sales Tax Is payable on the value of all chattels unless exempt under Applicable. the provisions of the'Retail Sales Tar Act',R.S.O. 1880,c.464,as amended) . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil (i) Other consideration for transaction not included in(g)or(h)above rill (j) TOTAL CONSIDERATION . . . . . .. ' • .. .. .. $ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (aee$ 2.00 instruction e) Transfer to Mutlici lit ursuant to a Subdivision Bement. 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 Tbronto in the Municipality of Metropolitan Zbronto this f p day of July 19 96 A Commissioner or king AffiraJits,etc. ' slgnature(s) Property Information Record For Land Registry Office Use Only A. Describe nature of instrument: — Transfer pf T,and Registration No. B. (i) Address of property being conveyed(n available) not assiSped (ii)Assessment Roll No. (lfavallable) not assigned C. Mailing address(es)for future Notices of Assessment under the Assessment Act for property being conveyed(see instruction 7)_40 ' topierence Street, BOWlrianVi Ile, Ontario L1C 3A6 Registration Date Land Registry Office No. D. (1) Registration number for last conveyance of property being conveyed(if available) linkn mm (fi) Legal description of property conveyed: Same as in D.(i)above. Yes❑ No❑ Not known XO E. Name(s)and address(es)of each transferee's solicitor Nicholas T am r Barrister & Sol'ci tnr 130 At elaide Steet ��Gt sl Ii tP inn School Tax Support(Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? Yes M No (b) If Yes,do ail individual transferees wish to be Roman Catholic Separate School Supporters? Yes EJ 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 9W French Public School Board or Sector uAlm oaNtwtes directed in(a)and(b). 04490 t9099j UYt 6 UUH-M 4V.INV.-�rUlill I—V- "Oe Transfer/Deed of Land Amended^N . ,992 Ontario ( Form 1 —Land Registration Reform Act J i (1) Registry 3 Land Titles ❑ (2) Page 1 of pages (3) Property Block Property Identifier(s) Additional: c� See ❑ r--I Schedule 4 Consideration -------------------------- au NIL Dollars$ 0.00 Oz C— C= (5) Description This is a: Property Property W w Division 11 Consolidation ❑ S tW-- Part of Lot 30, Concession 2, in the Geographic Township W ° of Darlington, in the Municipality of Clalington, in the LL w Regional Municipality of Durham and being O New Property IdenlifieLi Part 5, Plan 40R 16748 ¢ tsi G? Additional: LLO v See Schedule ❑ Executions Additional: See ❑Schedule (6) This (a)Redescription ;(b) Schedule for: (7) Interest/Estate Transferred Document New Easement Additional 3fim2kontm Easement — storm sewers Contains Plan/Sketch ❑ Description ❑ Parties ❑ Other ❑ 1 (8)Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that . . . I. am.a .spous.e... . The .pr.oper.ty. being. transferred. i s• not. ordi sari 1 y• occupi ed- by• me• and• my. • . . . spouse, who is not separated from me, as our family residence. Date of Signature Y M D Names) . GAY. Lawson Henry ;� . . . . . . . . . . . . .996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9)Spouse(s) of Transferor(s) 1 hereby consent to this transaction Date of Signature Name(s) Signature(s) Y M D t i i (10) Transferor(s)Address 97 Athol Street East for Service Oshawa, Ontario- LIH 1�2 (11)Transferee(s) Date of Birth Y p D THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ' . . . . . . i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .i . . . . . . i i t I ; 1 l (12) Transferee(s)Address for Service 40 Temperance Street, Bowmanville, ON L1C 3A6 (13) Transferor(s)The transferor verities that to the best of the transferor's knowledge and belief,this transfer does not contravene section 50 of the Planning Act. Dale of Signature Date of Signature Y M D i Y M D Signature. . ! 1 Signature Solicitor for Transferor(s)I have explained the effect of section 50 of the Planning Act to the transferor and 1 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 0 Name and ' Y M D o Address of Signature. ; O Solicitor u ! (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 rn «�� 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 0 y 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. C E�� A s� a 6o- Name and Date of Signature x oe! Address of Y M D Q=c Solicitor o Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .f. (15) Assessment Roll Number ' Cty. ;Mun.i Map ; Sub. Par. } Fees and Tax of Property ! ! not assigned J Z Registration Fee (16)Municipal Address of Property (17) _Document Prepared by: O LARRY A. YALVCH u) Land Transfer Tax not assigned PARKHILL & YANCH w Barristers & Solicitors 63 King St E, Box 154 U. Oshawa, ON 0 L1H 7L1 MC 95309 0 Total t 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 overland flow route, storm sewers and catchbasins 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 purpose of installing, constructing, reconstruction, examining, altering, repairing, renewing or replacing and maintaining the Works or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the Lands. TO 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 structure, plant any trees, hedges or shrubs, place or remove any fill on any part of the Lands or cause or permit any person to interfere in any way. directly or indirectly with the Works or in any way derogate from the easement hereby transferred; b) hereby releases the Transferee from any and every claim which 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,operation,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) releases to the Transferee all claims upon the interest hereby transferred. AND the Transferee shall have quiet possession of the said easement or right in the nature of an easement, free from all encumbrances and restrictions, save as mentioned herein. �y,.•} DYE i DURHAM DD.INC.-Form No.500 Amended 1991 Affidavit of Residence and of Value of the Consideration Refer to all Instructions on reverse side. Form 1 — Land Transfer Tax Act :•:, IN THE MATTER OF THE CONVEYANCE OF pnsert brief dewipuonofland) part of jnt 0 r'nn r: In CPaGinn n the .I Mini tv f c� alit of Cl i.n in the Regional BY(print names of a8 transferors in fuu) '11 TO(a"bubuctlon 1 and print names of all tnrubreN M Iwo The O r`1 art nq= kwinktim 2 and print namo(s)In two N;r�hol a. MaLpg :f MAKE OATH AND SAY THAT: I am(01=0 a dear mark within the square opposite that one Of the tdkfwing Para9rspha that describes the c .pacify of the dsponenl(s)) (see Inatrucuon 2) :� ❑ (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 X*Mr solicitor actin in this transaction for Insert name(s)s of principal(s)).,t g ( l p ,val(.)) The ration of the Mun].ci alit ❑ described in paragraph(s) (a), (b), (c) above; (am*out references to i (e)The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for (Insert naPWkabl�paragraphs) 1 n+nts(y o/corpora jdescribed in paragraph(s) (a), (b), (c) above;(am#out mferences to ❑ (f) A transferee described in paragraph( )pnserl one (� ib)a(c)above, unapp8cabk paragraphs) behalf of pnNrt name of spouse) +wvacablq •�am making this affidavit on my own behalf and on in paragraph( ) prison only one of paragraph(,),(b)w(c)AWW,a who is my spouse described 2. (To be completed where the value of the consideration for the conveyance exceeds$00��such,I have personal knowledge of the facts herein deposed to. ❑I have read and considered the definition of"single family residence"set out in clause 10)(ja)of the Act.The land conveyed in the above-described conveyance contains at least one and not more than two single family residences. ❑ does not contain a single family residence. Note: Clause value) consideration as additional tax at the rata of one-half of one per ❑ contains more than two single family residences,pee Instruction 9, cent upon the value of consideration in excess of.$400,000 where the convoy g Y ants 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 i(1)(f)and(g)of the Act and each of thi 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. Is"lnstruotkfns/arc 5) �1\7r riP_ 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid in cash . . . 1) (b)Mortgages (1)Assumed (show print and interest to be c.redited against p urchase . . . . . . ' . $ price) n;7 (fi)Given back to vendor . . , , , $mil (c)Property transferred in exchange (detallbelow) . . . . . (d)Securities transferred to the value of (delsil below) , , . . . $ n,1 All Blanks (e) Liens,legacies,annuities and maintenance charges to which transfer is subject . . .. . . • $ rill $ mil---� Mual B. (f) Other valuable consideration subject to land transfer tax (dotaubelow) . . $ nil Fined In. (g)VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of(a)to(f)) insert•ND• $ 2.00 $ 2.00 where (h)VALUE OF ALL CHATTELS items of tangible personal property (RetaB Sales raft it Payable on the value of ell Msttols WWN exempt Under Applicable. Me Provislorw a the'Retail$alty Tar Act-,R.B.C,1980,0,151,Of amended) • nil (i) Other consideration for transaction not included in(g)or(h)above $ (j) TOTAL CONSIDERATION " " " " " " s nil 5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (sea buntruon a 0 Transfer to Munici lit suant to a S ubdivision Bement. 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 Municipality of Metropolitan Toronto this !�° day of July 19 96 A Commissions or tak ing A fidavKs etc r aignatun(i) Property Information Record Land Reylstry Office Use Onl y A. Describe nature of instrument: TranGf t•• of T^id For B. (i) Address of property being conveyed ptavauabN) not aSS1 Regialrtdon No. (ii)Assessment Roll No. pfavauable) not asslgTlBC; C. Mailing address(es)for future Notices of Assessment under the Assessment Act for property being conveyed(see Instruction 7) 40 T'emoerBnce Street Ville RegisGallon Da!• Land Registry Office No. D. (I) Registration number for last conveyance of property being conveyed(if avanabis) linlcnr�,M (ii) Legal description of property conveyed: Same as in D.(i)above. Yes❑ No❑ Not known ❑C E. Names)and address(es)of each transferee's solicitor 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[3 No❑ C] NOTE;Ye to �q ividalt��eas wish to support the French Language School Board(where established)? Y9s No[� (� (� brailtp Naltstemd Will be aaNptted to the Fmvh Pudic School O wd W tBasla Wdw dkeGed In(>41 sMtd(bar. 0/Mi>t(t101l1a TO: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Municipality") AND TO: SHIBLEY RIGHTON their solicitors herein RE: Lawson Henry Gay (the "Owner") transfer to the Corporation of the Municipality of Clarington CERTIFICATE OF TITLE I, RONALD WORBOY, a solicitor of the Ontario Court, do certify that: (a) I am the solicitor for the Owner and that the Owner is the sole owner in fee simple of all land described as : Part of Lot 30, Concession 2, in the Geographic Township of Darlington, in the Municipality of Clarington, in the Regional Municipality of Durham and being Parts 1, 2 & S, Plan OR 16748 (the "Lands") . (b) the transfer in fee simple and the easements in respect of the Lands in favour of the Municipality (the "Transfer") is not subject to the interest of any party. This certificate is given by me to the Municipality for the purpose of having the Municipality rely upon for certifying title to the Transfer. Dated at © �4this da y of 1996 RONALD WORBOY DYE 8 DURHAM CO.INC.—Forth No.985 Amended NOV.1992 Provnce Of Document General om,. Ontario Form 4—Land Registration Reform Act (1) Registry Land Titles _ (2) Page 1 of 3 pages (3) Property Block Property Identifler(s) Additional:]E See Schedule fV o_ C'a (4)Nature of Document c� Lj �� Application by Municipality for Inhibiting Order c� (Section 23) } 07 ^a - (5)Consideration 2 o Not Applicable Dollars$ D -Z 03 ° (6)Description c w __1 `0 F" - � Part of Parcel Plan 1, Section 40M- -'' w rn as to Part of Lots 1, 39 and 40, LL o " Part of Block 42 and Blocks 47, 481 49 and 50 Plan 40M- Ij New Property Identifiers Municipality of Clarington, Additional: Regional Municipality of Durham Schedule ❑ Executions (7)This (a) Redescription (b)Schedule for: Additional: Document New Easement I Additional See ❑ Contains: Plan/Sketch ❑ Description, ❑ Parties ❑ Other ❑ Schedule (8)This Document provides as follows: Continued on Schedule ❑ (9)This Document relates to Instrument number(s) (10) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D THE CORPORATION OF THE ; 1996 I .MONICYPAL1W'OF M&RINGTON (Abbticant). .Bj► : . . . . .by its solicitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Nkholas.T. Macos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;. . . (11)odds=ce 40 Temperance Street, Bowmanville, Ontario, L1C 3A6 (12)Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature I I 1 (13)Address for Service (14) Municipal Address of Property (15) Document Prepared by: } Fees and Tax J z0 Registration Fee Nicholas T. Macos 130 Adelaide Street West cn Not Assigned Suite 2600, Toronto, Ontario � M511 3P5 LL O cc o Total t 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 Caalnington hereby certify that 290572 ONTARIO LTD. the registered owner of Part of Parcel 29-2 in Section Con. 2 (Darlington), being Part of Lot 29, Concession 2, Geographic Township of Darlington, Municipality of Caarington, Regional Municipality of Durham, being the land laid out by a Plan of Subdivision dated May 7, 1996 prepared by W. John Burg, an Ontario Land Surveyor, 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 Caarington has not been registered as of the date hereof except the following: TRANSFERS AND AGREEMENTS I DOTS AND BLOCKS Transfer of Easement Part of Lots 39 and 40 and Part of (Over Land Flow Route Block 42, Plan 40M- l-536 , Sewers and Catch Basins) designated as Parts 1, 2, 3, 4 and 5 on Plan 40R- Postponement of Charge Part of Lots 39 and 40 and Part of (Charge No. LT653921) Block 42, Plan 40M- ` , designated as Parts 1, 29 3, 4 and 5 on Plan 40R- Postponement of Charge Part of Lots 39 and 40 and Part of (Charge No. LT747696) Block 42,Plan 40M- , designated as Parts 11 29 3, 4 and 5 on Plan 40R- Transfer of Easement Part of Lot 1, Plan 40M- , (Over Land Flow Route designated as Part 4 on Plan 40R- Sewers and Catch Basins) Postponement of Charge Part of Lot 1, Plan 40M- II , (Charge No. LT747696) designated as Part 4 on the 40R- Postponement of Charge Part of Lot 1, Plan 40M- 3� , (Charge No. LT653921) designated as Part 4 on the 40R- Transfer in Fee Simple Blocks 47, 48, 49 and 50, Plan 40M- (.3 Metre Reserves) Am . S Inhibiting Order Page3_ AND as to the Lots and Blocks mentioned above, I HEREBY REQUEST you to issue an Order or make an entry under Section 23 of the Land Titles Act inhibiting any dealing with those Lots and Blocks until the Instruments mentioned above have been registered. The address of the applicant for service is 40 Temperance Street, Bowmanville, Ontario L1C 3A6. DATED at Clarington this/7 0day of JU L , 19%. i Pat ''Barrie Cl k Municipality of Clarington I have authority to bind the Corporation. DYE 6 DURHAM W.INC.—Form NO.WfU Province Transfer/Deed of Land Amended NOV.1992 I(`Cr�I J l of A ..+ v Ontario � q,Jr Form 1 —Land Registration Reform Act II N (1) Registry ❑ Land Titles ® (2) Page 1 of pages C:) Uj G"� (3) Property Block Property tt� Identitier(s) Additional: f� See ❑ f:V v F=— Schedule L� CC (4) Consideration N t- G`— Z7 c� NIL -------------------------- Dollars$ 0.00 ZO F— (5) Description This is a: Property Property w . + Division ❑ Consolidation El I-- f1 D (n _..t cA Part of Parcel Plan -1, Section 40M - / fS 3 S being w t> cY) Part of Lots 39 & 40, and Part of Block 42 U UL Plan 40M - I 5� '3 9 O New Property Identifiers Municipality of- Clarington, Regional Municipality of o Additional- Durham, designated as Parts 1, 2, 3, 4 & 5 see Schedule ❑ Plan 40R - 12 o / D I Executions Additional: See F] (6)(6) This (a)Redescription ;(b) Schedule for: (7) Interest/Estate Transferred Document New Easement ; Additional )kWNNx�ild�XX Easements — for drainage Contains Plan/Sketch ❑ I Description ❑ Parties ❑ Other LN and catchbasins (8)Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of Signature . . . (,), . . . . . . . Y M D Names Sign"I s 290572 ONTARIO LIMITED ; 1996 ! 061,:1 WAYNE JEFFERY - Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . . � . . . I have authority to bind the corporatiotx . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .� . . . . . I (9)Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) Signature(s) y M D I i ( ; (10) Transferor(s)Address for Service 58 Rossland Road West, Oshawa, ON L1G 2V5 (11)Transferee(s) Date of Birth y M D THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i (12)Transferees)Address for Service 40 Temperance Street, Bowmanville, ON 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 Qy / M jD i y M I D Signature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Signature Solicitor for •. . . .. . . . �he d the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor tohi r nene that section and based on the information supplied by the transferor,to the best of my knowledge and Q determine that this transfer z belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature O LARRY A. YANCH , y M D Name and 9 QQ a Address of 63 King St E, Box 154 Sign e. . . . . . . (. . /! !6. . �6, �� O Solicitor (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 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 CR c y 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. `—° 6 a in o.- Name and y M D x 6 e Address of E=01 Solicitor ' Q U Signature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i. . . ... . . . (15) Assessment Roll Number ; Cty. ;Mun.; Map Sub. Par. } Fees and Tax of Property ' j not assigned Z O Registration Fee (16)Municipal Address of Property (17)Document Prepared by: LARRY YANCH u) Land Transfer Tax not assigned PARKHILL & YANCH w Barristers & Solicitors U U- 63 King St E, Box 154 u- 0 Oshawa, ON cc L1H 7L1 MC UL Total 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 overland flow route, storm sewers and catchbasins 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 purpose of installing, constructing, reconstruction, examining, altering, repairing, renewing or replacing and maintaining the Works or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the Lands. TO 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 structure, plant any trees, hedges or shrubs, place or remove any fill on any part of the Lands or cause or permit any person to interfere in any way directly or indirectly with the Works or in any way derogate from the easement hereby transferred; b) hereby releases the Transferee from any and every claim which 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,operation,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) releases to the Transferee all claims upon the interest hereby transferred. AND the Transferee shall have quiet possession of the said easement or right in the nature of an easement, free from all encumbrances and restrictions, save as mentioned herein. DYE S DURHAM CO INC.-Form No.Soo Amended 1991 Affidavit of Residence and of Value of the Consideration Form 1 — Land Transfer Tax Act RePar•to all instructions on reverse side. IN.THE MATTER OF THE CONVEYANCE OF (insert brief description of land) _Part of Parcel Plan-1 , Section 40eM-1839 being Part of Lots 39 & 40, and Part of Block 42, Plan 40M-1839, Munirina ity of Clarington, Regional Munici an 1ity of Durham, dnat-Pd as Par t-c 1 , 2, `3, 4 R 55,P1an 4(»-17016 BY(print names of all transferors in full) 290572 On't a r i o L m i t e d TO (see instruction 1 and print names of all transferees in full) The Corporation of the Municipality of Clarington I, (see instruction 2 and print names)in full) Nicholas T. MacoS MAKE OATH AND SAY THAT: 1. 1 am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(si (see instruction 2) (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] (c) A transferee named in the above-described conveyance; ® (d)The r solicitor acting in this transaction for (insert names)of principal(s)) The Corporation of the Municipality of Clarinaton described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs) (e)The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for (insert names)of corporation(s)) described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs) ❑ (f) A transferee described in paragraph( 1(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. (To be completed where the value of the consideration for the conveyance exceeds$400,000). 1 have read and considered thedefinition of"single family residence"set out in clause 1(1)(ja)of the Act.The land conveyed in the above-described conveyance containsat least one and not morethan two single family residences. Ni Clause 20)(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 convey- 0 contains more than two single family residences.(see instruction 3) ance 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 a and 5) None 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 (b)Mortgages (i) Assu med (show principal and interest to be credited against purchase price) . . . . . . . $ nil (ii) Given back to vendor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil (cl Property transferred in exchange (detail below) . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil Ali Blanks (d)Securities transferred to the value of (detail below) . . . . . . . . . . . . . . . . . . . . . . . . $ nil must Be (e) Liens,legacies,annuities and maintenance charges to which transfer is subject . . . . . . . $ nil Filled/n. (f) Other valuable consideration subject to land transfer tax (detail below) . . . . . . . . . . $ nil Insert"Nil" (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of(a)to(0) . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 $ 2.00 "'ham (h)VALUE OF ALL CHATTELS - items of tangible personal property Applicable. (Retail Sales Tax is payable on the value of all chattels unless exempt under $ nil the provisions of the"Retail Sales Tax Act",R.S.O. 1980,c.454,as amended) • • . . . • • . • • • • • • • • . • . . • (i) Other consideration for transaction not included in(g) or(h)above . . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil (j) TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 8) Transfer to Municipality pursuant to a 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 Municipality of Metropolitan Toronto this L GY'"L day of ���s 96 A Commissioner for taking)Lavits .tc. signatures) Property Information Record For Land Registry Office Use Only A. Describe nature of instrument: Transfer of Land Registration No. B. (i) Address of property being conveyed(if available) not assigned (ii) Assessment Roll No. (if available) not assigned C. Mailing address(es) for future Notices of Assessment under the Assessment Act for roperty being conveyed(see instruction 7) 40 Temperence Street, BoWma__ e, Registration Date Land Registry Office No. Ontario L1C 3A6 D. 0) Registration number for last conveyance of property being conveyed(if available) ltnknown (ii) Legal description of property conveyed: Same as in D.(i) above. Yes❑ No❑ Not known E. Name(s)and address(es) of each transferee's solicitor Nicholas T Macos Barrister & Solicitor, 130 Adelaide Street West. Suite 2500 Toronto, .(71;ttario M5H 2M2 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 -nd!vldual transferees have French Language Education Rights 7 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). 04490(90--09) Instructions 1. Where,any transferee(other than a joint tenant) is taking less than the persons who are associates of that person and who are them- whole interest in the property being acquired, then the percentage selves non-resident persons, ownership of each transferee must be clearly indicated beside his/her respective name. (vii) one-half or more of the paid-up capital of which is held by one or more non-resident persons, 2. (i) It should be noted that if all deponents are not entitled to mark (viii) that would be required on dissolving, winding up,or any the same square in paragraph 1 of the Affidavit, then more than one other distribution that is not a dividend,to distribute one-quarter Affidavit will be required. Only those deponents who are entitled to or more of its surplus to a non-resident person or to that person and one or more persons who are associates of that person and mark the same square in paragraph 1 may swear the same Affidavit. who are themselves non-resident persons, or (ii) This Affidavit is required to be made by each transferee named in (ix) that would be required on dissolving, winding up, or the conveyance, by each person in trust for whom the land conveyed any other distribution of surplus that is not a dividend, to in the conveyance described is being conveyed and by each trustee distribute one-half or more of its surplus to one or more named in the conveyance to whom the land is conveyed. non-resident persons. (iii) However, any of the transferees may have the Affidavit made on (g) "non-resident person" means, his behalf by an agent authorized in writing to make the Affidavit or by (i)an individual who is not ordinarily resident in Canada or who, his solicitor. (See clause (d)of paragraph 1 of the Affidavit.) if ordinarily resident in Canada,is neither a Canadian citizen nor (iv) The Affidavit for a transferee that is a corporation may be made an individual who has been lawfully admitted to Canada by its President, Vice-President, Manager, Secretary, Director or for permanent residence in Canada, Treasurer. (See clause(e)of paragraph 1 of the Affidavit.) (ii)a partnership,syndicate,association or other organization of whatsoever kind of which one-half or more of the members are (v) Where transferees are married to each other,either spouse may non-resident persons within the meaning of subclause(i),(iii)or make the Affidavit on behalf of him/herself and the other. (See clause (iv) or in which interests representing in value 50 per cent or (f)of paragraph 1 of the Affidavit.) more of the total value of the property of such partnership, syndicate, association or other organization are beneficially 3. Extract of clause 1(1)Oa)of the Act: owned by non-resident persons within the meaning of subclause (i), (iii)or(iv), (ja) "single family residence" means, (iii)a trust in which non-resident persons within the meaning of (i) a unit or proposed unit under the Condominium Act, or subclause(i),(ii)or(iv)have 50 per cent or more of the beneficial interests in the corpus of the trust or in the income arising there- (ii) a structure or part of a structure, from, and "trust" includes the trustees under such a trust in that is designed for occupation as the residence of one family, their capacity as the trustees thereof, or including dependants or domestic employees of a member of the (iv)a non-resident corporation. family,whether or not rent is paid for the occupation of any part of such residence, and whether or not the land on which the residence is 5. Insert the name and place of residence - or in the case of a situated is zoned for residential use, and "single family residence" corporation, the place of incorporation -of any transferee who includes any such residence that is to be constructed as part of the is a non-resident person.If space is insufficient,attach a list of those transferees who are non-resident persons.If none of the transferees arrangement relating to a conveyance of land,but does not include any is non-resident, insert 'none'. such residence constructed or to be constructed on agricultural land where the transferor with respect to the land conveyed meets the Note: Where the person named in the instrument as grantee is eligibility requirements for a farm tax reduction rebate contained in taking title on behalf of another person(s),the residency status to clause 4(b) or (c) of Ontario Regulation 716/83 made under the be recited must be that of the person or persons who are the Ministry of Agriculture and Food Act. beneficial owners of the land-not that of the grantee named in the instrument. This applies regardless of whether the trustee or 4. Note: Subsection 1(3)provides,inter alia,that an individual shall be nominee capacity of the grantee named in the instrument is indicated on the instrument. considered to be "ordinarily resident in Canada" if, at the time the expression is being applied,he has sojourned in Canada during the next 6. Explain purpose of transfer: natural love and affection, pursuant to preceding twenty-four months for a period of, or periods the court order, separation agreement, etc. aggregate of which is 366 days or more. 7. Insert mailing address(es)where municipal assessment notices for Extract of clauses 1(1)(f)and(g)of the Act: property being conveyed are to be forwarded after closing of this (f) "non-resident corporation" means a corporation incorporated, transaction. formed or otherwise organized in Canada or elsewhere, SCHOOL TAX SUPPORT(Voluntary Election) (i) that has allotted and issued shares to which are attached 50 per cent or more of the voting rights ordinarily (a)&(b) The school tax support for the land being transferred will be assigned to the public school board unless otherwise exercisable at meetings of the shareholders of the corporation directed. Only Roman Catholics can be separate school and that are owned by one or more non-resident persons, but supporters. If all individual transferees are Roman Catholic this subclause does not apply where it is established to the and wish to be separate schools supporters, the completion satisfaction of the Minister that such one or more non-resident of items (a) and (b) will serve as notice to the Regional persons do not in fact directly or indirectly exercise control Assessment Commissioner to enter the transferees on the over the corporation and that subclause(v)does not apply to the next Assessment Roll as Roman Catholic separate school corporation, supporters. For further information on school support contact your local school board. (ii) that has allotted and issued shares to which are attached 25 per cent or more of the voting rights ordinarily exercisable at (c) &(d) If the land being transferred is situate in area in which a es French Language School Board has been established, and all meetings of the shareholders of the corporation and that are individual transferees have French language education rights, owned by any one non-resident person or by that person and completion of (c) and (d) will serve as notice to the one or more persons who are associates of that person and who Regional Assessment Commissioner to enter the transferees on are themselves non-resident persons, but this subclause does the next Assessment Roll as French language school board not apply where it is established to the satisfaction of the supporters. Minister that such non-resident person does not in fact Individuals have French language education rights under s23 of directly or indirectly exercise control over the corporation and the Canadian Charter of Rights and Freedoms if the individual that subclause(v)does not apply to the corporation, can answer yes to any one of the following questions: (iii) one-half or more of the directors of which, or of the (i) Is French the language you first learned and still persons occupying the position of director by whatever name understand? called, are individuals who are non-resident persons, (ii) Did you receive your elementary school instruction in (iv) without share capital and one-half or more of the members French?(This does not include French immersion or French as of which are non-resident persons, a second language). (v) that is controlled directly or indirectly by one or more non- (iii) Have any of your children received, or are they now resident persons,including a non-resident corporation within the receiving elementary or secondary school instruction in Canada p g p in French?(This does not include French immersion or French definition contained in the provisions of this clause other than as a second language). this subclause, This information is requested under the Authority of s.15 of the (vi) one-quarter or more of the paid-up capital of which is held Assessment Act. by a non-resident person or by that person and one or more For further information contact your local school board. NOTE: IN ADDITION TO ATTACHING THIS AFFIDAVIT TO THE CONVEYANCE TENDERED FOR REGIS- TRATION, ONE UNATTACHED, COMPLETED COPY MUST BE TENDERED TO THE LAND REGISTRAR AT THE TIME OF REGISTRATION. (R)0449D(90-10) V Amsndsd NOV.1992 � ��� Province Of Document General D Ontario Form 4—Land Registration Reform Act (1) Registry ❑ Land Titles (2) Page 1 of pages (3) Property Block Property Identifler(s) Additional: See Schedule U") (4)Nature of Document Ltj t� �, � AGREEMENT POSTPONING CHARGE ( LAND TITLES e-i ) ' t;V (5)Consideration J fa..•.. W [`— C NSA Dollars$ D z J (6)Description W c.> .x Part of Parcel 42 - 1, Section 40M -1'r?4 being Part of LL t— ti Block 42 Plan 40M `/ss 3 y designated as Parts 1, 2 & 3 U_ J Plan 40R -( ) v X cr) Part of Parcel 3C+ - 1, Section 40M -V )9 being Part of Lot 39, Plan 40M - eg 7 i designated as Part 4 Plan 40R - ( '2614 New Property Identifiers Additional: Part of Parcel 40 -1, Section 40M - !$7y , being Part of See ❑ Lot 40, Plan 40M.� >dr ? 9 designated as Part 5 , Plan Schedule 40R •1 7 o(I Municipality of Clarington, Regional Executions Municipality of Durham (7)This (a) Redescription (b)Schedule for: Additional: Document New Easement Additional See Contains: Plan/Sketch ? Description ❑ Parties E] Other Qx Schedule El (8)This Document provides as follows: Continued on Schedule ❑ (9)This Document relates to Instrument number(s) Charge # LT 653921 �v 47" X2504. (10) Party(les) (Set out Status or interest) Name(s) Signature(s) Date of Signature �, � Y M D ROYAL BANK OF CANADA 1996 ! 06 (Postponing Charge) W P g g ; SENIO ACC NT MANAGER I WE HAVE AUTHORITY TO BIND THE BANK 111996 '06 -7 . . . . . . GUy Hi in ITFIE ' Senior unt ManagAr (11)Address for Service 20 King Street West, 2nd Floor, Toronto, ON M5H 1C4 (12) Party(les) (Set out Status or Interest) Name(s) Signature(s) Dlate of Signature THE CORPORATION OF -THE MUNICIPALITY OF CLARINGTON • . . . . • . . • . . . • • . . • • . • . . . • . • . . . • • . . . . . . . . . . . . . . . . . . • . • . . . . . . . . . . . . • . . . . . . • . . . . • . . 4 . • . . • • .1• 1 I s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . . � . . .I. . . I I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . .i. . . (13)Address forservice 40 Temperance Street, Bowmanville, ON L1C 3A6 (14) Municipal Address of Property (15) Document Prepared by: } Fees and Tax LARRY A. YANCH not assigned PARKH.ILL & YANCH o Registration Fee Barristers & Solicitors W 63 King St E, Box 154 w Oshawa, ON - v LL L1H 7L°1 MC 96156 0 0 Total DYE&DURHAM CO.LIMITED ♦ Form No 295 Province. Schedule Ontario Land Registration Reform Act, 1984 IS • Agreement Postponing Charge (Land Titles) (Attach to Form 4) Page of (/We, ROYAL BANK OF CANADA the registered owner(s) of the Charge dated the 20th day of September 1993 and registered on the 20th day of September 19 93 , as Instrument No. LT 653921 made by 290572 ONTARIO LIMITED If the Charge has not t O ROYAL BANK OF CANADA been transferred insert "me"or"us".If it has been transferred insert the name of original Charges,and add"and transferred to me" or"us". charging the land registered in the Land Registry Office for the Land Titles Division of Durham No. 40 as R1VdUX Pert-ei P&Eeel 29 L Darlington Easement Hereby postpone Charge No. LT 653921 to the Mme dated the a1 day of 19 96 , made by 290572 ONTARIO LIMITED to THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON and registered on the .27 day of 19 96 , as Instrument No. wXXXXXXXXx Yty4xxxxxxxx�gfvxxxxxxxxxxxxxxxxfcjxx Signatures of parties not XNIlCQ[8MX required where Document General (Form 4)is executed by the proper parties. Signature(s) W} U> LL 0 OW 0:3 LL APRIL,1985 DYE&DURHAM CU.INU.—r'orm NO.91U Amended NOV.1992, 4, Province Transfer/Deed of Land O Ontario Form 1 —Land Registration Reform Act y (1) Registry ❑ Land Titles 0 (2) Page 1 of pages Q0 (3) Property Block Property Identifier(s) Additional: C 7 Scchhedule ❑ Lt7 e..i -- (4) Consideration 6V Lt- �+.. 8 2 NIL ------------------------ Dollars$ 0.00 J (5)Description This is a: Property Property [ N a Division El Consolidation El UJ z l.. t.t Wt Part of Parcel Plan — 1, Section 40M — t4 34 being LL w t Part of Lot 1, Plan 40M — t Y } 9 o New Property Identifiers Municipality of Clarington, Regional Municipality of o Additional: Durham, designated as Part 4, Plan 40R — ? o S u See F1 Schedule Executions Additional: See ❑ Schedule (6) This (a)Redescription ;(b) Schedule for: (7 Interest/Estate Tra sferred Document New Easement Additional �,�jXXX asements — for Contains Plan/Sketch ❑ Description ❑ Parties ❑ Other drainage and catchbasins (8)Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of Signature ( )• y M D Na mes• Signa . . . 290572 ONTARIO LIMITED 11996 !06 a� . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . .,. . . , . . . WAYNE JEFFERY — Secretary ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . � . . I have authority to bind the corporatidn I (9)Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) Signature(s) y M D t ; (10)Transferor(s)Address Oshawa, ON L1G 2V5 for Service 58 Rossland Road West, (11)Transferee(s) Date of Birth y M D THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .t. . . (12)Transferee(s)Address for Service 42 Temperance Street, Bowmanville, ON 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 yQ M D I Y M i D °� Signature Signatur . . . . . . 6. . .:. . . i . . ( . . . . . . ... . . .. . . . . Solicitor f rans ror(s) pl ' ed the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to a determine that this transfer does of co travene that section and based on the information supplied by the transferor,to the best of my knowledge and 0 belief,this trLa�s rRdneEg?t cy)rkn that section. I am an Ontario solicitor in good standing. Date of Signatures Name and ~a Address of King St E, Box 154 �q91� ;qL o Solicitor Oshawa, ON L1H 7L1 Signatur I d (14)Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records reveal no contravention as set out in subclause 50(22)(c)(ii)of the Planning Act and that to the best of my knowledge and belief this transfer C CNN 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. NCB C E10 0 `: �~ Date of Signature a ow Name and X e Address of y M D ;a�o .iit Solicitor ' I o Signature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . N (15) Assessment Roll Number ; Cry. ;Mun.; Map Sub. Par. } Fees and Tax of Property ! ; ! not assigned z o Registration Fee (16)Municipal Address of Property (i7�) uF t j pfgpared by: LARRY Y�N(H u) Land Transfer Tax not assigned PARKHILL & YANCH w Barristers & Solicitors v 63 King St E, Box 154 a Oshawa, ON cr L1H 7L1 MC U Total IQL 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 overland flow route, storm sewers and catchbasins 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 purpose of installing, constructing, reconstruction, examining, altering, repairing, renewing or replacing and maintaining the Works or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the Lands. TO 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 structure, plant any trees, hedges or shrubs, place or remove any fill on any part of the Lands or cause or permit any person to interfere in any way directly or indirectly with the Works or in any way derogate from the easement hereby transferred; b) hereby releases the Transferee from any and every claim which 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,operation,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) releases to the Transferee all claims upon the interest hereby transferred. AND the Transferee shall have quiet possession of the said easement or right in the nature of an easement, free from all encumbrances and restrictions, save as mentioned herein. DYE 8 DURHAM Cn INC Form No.500 Amended d 1991 Affidavit of Residence and of Value of the Consideration Form 1 - Land Transfer Tax Act Refer to all instructions on reverse side. Part of Parcel Plan - 1 , Section 40M-1839 IN THE MATTER OF THE CONVEYANCE OF (insert brief description of land) being Part of Lot 1 , Plan 40M-1839, Municipality of Clarington, Regional PFunicipality--bT- of Durham, designated as Part 4, Plan 40R-17015 BY(print names of all transferors in full) 290572 0 n t a r i o L i m i•t e d TO (see instruction 1 and print names of all transferees in full) The Corporation of the Municipality of Clarincton 1, (see instruction 2 and print name($)in lull) Nicholas T. Macos MAKE OATH AND SAY THAT: 1. 1 am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(sp: (see instruction 2) ❑ (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 r solicitor acting in this transaction for (insert name(s)of principal(s)) The Corporation of the Municipality of Clarin= - _- - -- - described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs) ❑ (e)The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for (insert name(s)ofcorporation(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. (To 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)(ja)of the Act.The land conveyed in the above-described conveyance ❑ contains at least one and not more than two single family residences. Note. Clause 20)(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 convoy- 0 contains more than two single family residences.(see instruction 3) ance 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 a and 5) None 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 (b)Mortgages (i) Assumed (show principal and interest to be credited against purchase price) . . . . . . . $ nil (ii) Given back to vendor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil (c) Property transferred in exchange (detail below) . . . . . . . . . . . . . . . . . . . . . . . . . . $ nib- All Blanks (d)Securities transferred to the value of (detail beiii . . . . . . . . . . . . . . . . . . . . . . . . $ nil must Be (e) Liens,legacies,annuities and maintenance charges to which transfer is subject . . . . . . . $ nil (f) Other valuable consideration subject to land transfer tax (derail below) . . . . . . . . . . . $ nil Filled/n. Insert"Nil" (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of(a) to(f)) . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 $ 2.00 where (h)VALUE OF ALL CHATTELS - items of tangible personal property Applicable. (Retail Sales Tax is payable on the value of all chattels unless exempt under $ nil the provisions of the"Retail Sales Tax Act",R.S.O. 1980,c.454,as amended) • • . • . . • . • • • . • . • . • • • • • (i) Other consideration for transaction not included in (g)or(h)above . . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil (j) TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (see instruction s) Transfer to Municipality pursuant to a 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 Municipality of Metropolitan 'Toronto this 2 G r C 4—'Tr 1' ,�,. ^- �"� 19 96 11.E i A Commissioner for taking A vits'! c. signature(e) Property Information Record For Land Registry Office Use Only A. Describe nature of instrument: Transfer Of Tc d Registration No. B. (i) Address of property being conveyed(ifavailable) not assigned Iii) Assessment Roll No. (lfavailable) not assigned C. Mailing address(es) for future Notices of Assessment under the Assessment Act for roperty being conveyed(see instruction 7) 40 Temperence Street, Bowmanvllie, Registration Date Land Registry Office No. Ontario L1C 3A6 D. 0) Registration number for last conveyance of property being conveyed(ifavailable) unknown (ii) Legal description of property conveyed: Same as in D.(i) above. Yes❑ No❑ Not known E. Name(s) and address(es) of each transferee's solicitor Nicholas T Macos, Barrister & Solicitor, 130 Adelaide Street West, Suite 2500 Toronto, .Ontario M5H 2M2 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 naiv dual 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) Instructions t 1. Where any transferee(other than a joint tenant) is taking less than the persons who are associates of that person and who are them- whole interest in the property being acquired, then the percentage selves non-resident persons, ownership of each transferee must be clearly indicated beside his/her vii one-half or more of the ca respective name. (vii) paid-up p p ital of which is held b y one or more non-resident persons, 2. (i) It should be noted that if all deponents are not entitled to mark (viii) that would be required on dissolving, winding up,or any the same square in paragraph 1 of the Affidavit,then more than one other distribution that is not a dividend,to distribute one-quarter Affidavit will be required. Only those deponents who are entitled to or more of its surplus to a non-resident person or to that person and one or more persons who are associates of that person and mark the same square in paragraph 1 may swear the same Affidavit. who are themselves non-resident persons, or (ii) This Affidavit is required to be made by each transferee named in (ix) that would be required on dissolving, winding up, or the conveyance, by each person in trust for whom the land conveyed any other distribution of surplus that is not a dividend, to in the conveyance described is being conveyed and by each trustee distribute one-half or more of its surplus to one or more named in the conveyance to whom the land is conveyed. non-resident persons. (iii) However,any of the transferees may have the Affidavit made on (g) "non-resident person" means, his behalf by an agent authorized in writing to make the Affidavit or by (i)an individual who is not ordinarily resident in Canada or who, his solicitor. (See clause(d)of paragraph 1 of the Affidavit.) if ordinarily resident in Canada,is neither a Canadian citizen nor (iv) The Affidavit for a transferee that is a corporation may be made an individual who has been lawfully admitted to Canada for permanent residence in Canada, by its President, Vice-President, Manager, Secretary, Director or Treasurer. (See clause(e)of paragraph 1 of the Affidavit.) (ii)a partnership,syndicate,association or other organization of whatsoever kind of which one-half or more of the members are (v) Where transferees are married to each other,either spouse may non-resident persons within the meaning of subclause(i),(iii)or make the Affidavit on behalf of him/herself and the other. (See clause (iv) or in which interests representing in value 50 per cent or (f)of paragraph 1 of the Affidavit.) more of the total value of the property of such partnership, syndicate, association or other organization are beneficially 3. Extract of clause 1(1)as)of the Act: owned by non-resident persons within the meaning of subclause (i), (iii)or(iv), (ja) "single family residence" means, (iii)a trust in which non-resident persons within the meaning of (i) a unit or proposed unit under the Condominium Act, or subclause(i),(ii)or(iv)have 50 per cent or more of the beneficial interests in the corpus of the trust or in the income arising there- (ii) a structure or part of a structure, from, and "trust" includes the trustees under such a trust in that is designed for occupation as the residence of one family, their capacity as the trustees thereof, or including dependants or domestic employees of a member of the (iv) a non-resident corporation. family,whether or not rent is paid for the occupation of any part of such residence, and whether or not the land on which the residence is 5. Insert the name and place of residence - or in the case of a situated is zoned for residential use, and "single family residence" corporation, the place of incorporation -of any transferee who includes any such residence that is to be constructed as part of the is a non-resident person.If space is insufficient,attach a list of those arrangement relating to a conveyance of land,but does not include any transferees who are non-resident persons.If none of the transferees such residence constructed or to be constructed on agricultural land is non-resident, insert 'none'. where the transferor with respect to the land conveyed meets the Note: Where the person named in the instrument as grantee is eligibility requirements for a farm tax reduction rebate contained in taking title on behalf of another person(s),the residency status to clause 4(b) or (c) of Ontario Regulation 716/83 made under the be recited must be that of the person or persons who are the Ministry of Agriculture and Food Act. beneficial owners of the land-not that of the grantee named in the instrument. This applies regardless of whether the trustee or 4. Note: Subsection 1(3)provides,inter alia,that an individual shall be nominee capacity of the grantee named in the instrument is indicated on the instrument. considered to be "ordinarily resident in Canada" if, at the time the expression is being applied,he has sojourned in Canada during the next 6. Explain purpose of transfer: natural love and affection, pursuant to preceding twenty-four months for a period of, or periods the court order, separation agreement, etc. aggregate of which is 366 days or more. 7. Insert mailing address(es)where municipal assessment notices for Extract of clauses 1(1)(f)and(g)of the Act: property being conveyed are to be forwarded after closing of this (f) "non-resident corporation" means a corporation incorporated, transaction. formed or otherwise organized in Canada or elsewhere, SCHOOL TAX SUPPORT(Voluntary Election) (i) that has allotted and issued shares to which are (a)&(b) The school tax support for the land being transferred will attached 50 per cent or more of the voting rights ordinarily be assigned to the public school board unless otherwise exercisable at meetings of the shareholders of the corporation directed. Only Roman Catholics can be separate school and that are owned by one or more non-resident persons, but supporters. If all individual transferees are Roman Catholic this subclause does not apply where it is established to the and wish to be separate schools supporters, the completion satisfaction of the Minister that such one or more non-resident of items (a) and (b) will serve as notice to the Regional persons do not in fact directly or indirectly exercise control Assessment Commissioner to enter the transferees on the over the corporation and that subclause(v)does not apply to the next Assessment Roll as Roman Catholic separate school corporation, supporters. For further information on school support contact your local school board. (ii) that has allotted and issued shares to which are attached (c) &(d) If the land being transferred is situate in an area in which a 25 per cent or more of the voting rights ordinarily exercisable at French Language School Board has been established, and all meetings of the shareholders of the corporation and that are individual transferees have French language education rights, owned by any one non-resident person or by that person and completion of (c) and (d) will serve as notice to the one or more persons who are associates of that person and who Regional Assessment Commissioner to enter the transferees on are themselves non-resident persons, but this subclause does the next Assessment Roll as French language school board not apply where it is established to the satisfaction of the supporters. Minister that such non-resident person does not in fact Individuals have French language education rights under s.23 of directly or indirectly exercise control over the corporation and the Canadian Charter of Rights and Freedoms if the individual that subclause(v)does not apply to the corporation, can answer yes to any one of the following questions: (iii) one-half or more of the directors of which, or of the (i) Is French the language you first learned and still persons occupying the position of director by whatever name understand? called, are individuals who are non-resident persons, (ii) Did you receive your elementary school instruction in (iv) without share capital and one-half or more of the members French?(This does not include French immersion or French as of which are non-resident persons, a second language). (v) that is controlled directly or indirectly by one or more non- (iii) Have any of your children received, or are they now receiving elementary or secondary school instruction in Canada resident persons,including a non-resident corporation within the in French?(This does not include French immersion or French definition contained in the provisions of this clause other than as a second language). this subclause, (vi) one quarter or more of the paid up capital of which is held This information is requested under the Authority of s.15 of the Assessment Act. by a non-resident person or by that person and one or more For further information contact your local school board. NOTE: IN ADDITION TO ATTACHING THIS AFFIDAVIT TO THE CONVEYANCE TENDERED FOR REGIS- TRATION, ONE UNATTACHED, COMPLETED COPY MUST BE TENDERED TO THE LAND REGISTRAR AT THE TIME OF REGISTRATION. (R)04490(90-10) ----. Amended.... .. NOV.... . .1992......----- Pr®viWe it" of Document General Ontario Form 4—Land Registration Reform Act (1) Registry ❑ Land Titles g] (2) Page 1 of pages (3) Property Block Property Identlfler(s) Additional: See Schedule El 6-- Cr- (4)Nature of Document w CD -� .--t AGREEMENT POSTPONING CHARGE ( LAND TITLES ) t.t) ' 40 c� } N � (5)Consideration J t0 �" C L" N/A Dollars$ (6)Description j 4 Elr C%i W < Part of Parcel 1 - 1, Section 40M - 1 4 3 1 LL LLJ being part of Lot 1, Plan 40M - 1 S 3c, O _j designated as Part 4, Plan 40R -1 70 O Cn u_ Municipality of Clarington, Regional Municipality of Durham New Property Identifiers Additional: See Schedule Executions (7)This (a) Redescription (b)Schedule for: Additional: Document New Easement Additional see Contains: Plan/Sketch j Description ❑ Parties ❑ Other nX Schedule (8)This Document provides as follows: Continued on Schedule ❑ (9)This Document relates to Instrument number(s) Charge f'� LT 653921 �, /T��?JOiO (10) Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y. . . M. D ROYAL BANK OF CANADA ; 1996 06 (Postponing Charge) W. B. tt(1R OUNT ANAGFR i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;. . WE HAVE AUTHORITY TO BIND THE BANK 11996 :06.L0_7 t ;. . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . �C.G W, Ig , Senior Acct± I (11)Address for Service 20 King Street West, 2nd Floor, Toronto, ON M5H 1C4 (12)Party(les) (Set out Status or Interest) Date of Signature Name(s) Signature(s) Y M D THE CORPORATION OF -THE MUNICIPALITY OF CLARINGTON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . . Ir . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . i . . . . . . . . ... . . i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . . . ,. . ; I I (13)Address for Service 40 Temperance Street, Bowmanville, ON L1C 3A6 (14) Municipal Address of Property (15) Document Prepared by: } Fees and Tax LARRY A. YANCH Z Registration Fee not assigned PARKHILL & YANCH O Barristers & Solicitors W U) 63 King St E, Box 154 W Oshawa, ON v LL L1H 711 MC 96156 0 ac U. Total DYE&DURHAM CO.LIMITED « Form No.295 Province Schedule Ontario Land Registration Reform Act, 1984 IS Agreement Postponing Charge (Land Titles) (Attach to Form 4) Page of I/We, ROYAL BANK OF CANADA the registered owner(s) of the Charge dated the 20th day of September 1993 and registered on the 20th day of September 19 93 as Instrument No. LT 653921 made by 290572 ONTARIO LIMITED %the Charge has not t O ROYAL BANK OF CANADA been transferred insert "me"or"us".If it has been transferred insert the name of original Chargee and add"and transferred to me" or"us". charging the land registered in the Land Registry Office for the Land Titles Division of Durham No. 40 as RMX 29 c4II esr.I-1e - Co box (6) "1 03q� �- Easement •) :21 Hereby postpone Charge No. LT 653921 to the MY& dated the Z�F day of 4 JWe_ 19 q6 , made by 290572 ONTARIO LIMITED to THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON and registered on the 2'7 day of 7efte,"er 19 q� as Instrument No. 4T 772506 xxxxxxxxxx x4mxxxxxxxx64xxxxxxxxxxxxxxxxfxx Signatures of parties not XAM051KX required where Document General (Form 4)is executed by the proper parties. Signature(s) w} U� LLZ O0 Cc W U) 0 APRIL.1985 DYE 6 DURHAM CO.INC.—form No.y!U Province Transfer/Deed of Land Amended NOV.1992 • � of Ontario Form 1 —Land Registration Reform Act �\ / 'e- " A (1) Registry ❑ Land Titles © (2) Page 1 of pages (3) Property Block Property }.-. Identifier(s) Additional: co T See ❑ C=) f Schedule Lf� W (4) Consideration _ --------------------------- CV �,�;, >� vti NIL Dollars$ 0.00 Z f:`+� C> C� ch O .. �� (5) Description This is a: Property Property [`- k- x e..- Division ❑ Consolidation ❑ U „� cs J LL J c 7 Part of Parcel Plan - 1, Section 40M - p 3 '1 O New Property (de Piers t0 being Block 47, 48, 49 & 50, Plan 40M V 3 R o C73 Additional: Municipality of Clarington, Regional Municipality LL e Schedule ❑ of Durham Executions Additional: See E]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 ❑ (8)Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of Signature Names). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (s. . . . . . . . . Y M D Ig 290572 ONTARIO LIMITED '1996 !06 - WAYNE JEFFERY - Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . i . . I have authority to bind the corporation • � I I (9)Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) Signature(s) Y M D t (10) Transferor(s)Address for Service 58 Rossland Road West, Oshawa, ON L1G 2V5 (11)Transferee(s) Date of Birth Y M D THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I . . . . . .j. , I I (12)Transferee(s)Address for Service 40 Temperance Street, Bowmanville, ON 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 6: M D Y M I D . ,f 1 .06 a( Signature Signatu ;. . . .I . . . Solicitor f cans or(s p fined the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to Q determin at 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 LARRY A. YANCH - a Address of 63 King St E, Box 154 Signal I���. O Solicitor Qssbawaf ON T.1m 7T.1 r. . I Q r (14)Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records reveal no contravention as set out in subdause 50(22)(c)(ii)of the Planning Act and that to the best of my knowledge and belief this transfer c y 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. C ETD a `o rn Name and Date of Signature w� x o2? Address of Y M D oL Solicitor I o Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .i. (15) Assessment Roll Number ; Cry. ;Mun.; Map ; Sub. ; Par. HT Fees and Tax of Property i ? : not assigned Z Registration Fee (16)Municipal Address of Property (17)Document Prepared by: O LARRY YANCH u) Land Transfer Tax not assigned PARKHILL & YANCH w Barristers & Solicitors 63 King St E, Box 154 0 Pshawa, ON ¢ 1H 7L1 MC 1 Total SSE 3 DURHAM CO MC Farm No.sop X man ded 1991 Affidavit of Residence and of Value of the Consideration d' Form 1 - Land Transfer Tax Act fjeter to ail instructions on reverse side. li�J THE MATTER OF THE CONVEYANCE OF (insert briefdescriptionofland) Part of Parcel Plan-1 . Section 40M-1839 being Blocks 47 , 48, 49 & 50, Plan 40M-1839. Municipality of Clarinaton. Regional Municipality of Durham BY(print names of all transferors in lull) 290572 Ontario Limited TO(see instruction/and print names of all transferees in full) The Corporation of the Municipality of Clarington 1, (see instruction 2 and print names)in lull) Nicholas T. Macos MAKE OATH AND SAY THAT: 1. I am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)): (see instruction 2) 0 (a)A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; E] (b)A trustee named in the above-described conveyance to whom the land is being conveyed; 0 (c) A transferee named in the above-described conveyance; ® (d)The2D00CN20G0=r solicitor acting in this transaction for (insert names)of principal($)) The Corporation of the Municipality of Clarington described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs) (e) The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for (insert names)of corporation(a)) described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs) �. (f) A transferee described in paragraph( l(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 sparse) who is my spouse described in paragraph( ) (inserr only ons of paragraph(a),(b)a(c1 above,as applicable) and as such,I have personal knowledge of the facts herein deposed to. 2. (To be compieted where the value of the consideration for the owtrayance exceeds$400,000). I have read and considered the definition of"single family residence"set out in clause 1(1)(ja)of the Act.The land conveyed in the above-described conveyance 0 contains at least one and not more than two single family residences. Moaw Clause 211)(d) imposes an additional tax at the rate of one-half of one per 0 does not contain a single family residence. cent upon the value of consideration in excess of $400,000 where the convey- 0 contains more than two single family residences.(ses instruction 3) anee 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 4 and 5) None 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 (b)Mortgages (i) Assumed (show princpaf and intent to be credited against purchase price) . . . . . . . $ -nil (ii)Given back to vendor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil (c) Property transferred in exchange (detail bekxr) . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil AN Blanks (d)Securities transferred to the value of (dead below) . . . . . . . . . . . . . . . . . . . . . . . . $ nil must Be (e) Liens,legacies,annuities and maintenance charges to which transfer is subject . . . . . . . $ nil (f) Other valuable consideration subject to land transfer tax (dataubefow) . . . . . . . . . . $ nil Filled fn. Insert'NU' (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of(a)to(f)) . . . . . . . . . . . . . $ 2.00 $ 2.00 Wh- (h)VALUE OF ALL CHATTELS - items of tangible personal property Applicable. (Retail Salas Tax is payable on tits vakre of as chattMs unless exempt under $ nil the provisions of the"Retail Sales Tax Act",R.S.O. 1990,c.454,as amended) . . . . . . . . . . . . . . . . . . . . . . . . . . . . rill W Other consideration for transaction not included in(g)or(h)above . . . . . . . . . . . . . . . . . . . . . . . . . . . $ (j) TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (see instruction s) Transfer to Municipality pursuant to a 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 Zbronto in the Municipality of Metropolitan Thronto this -2 e, -,O�(/ day of t.-19 9 1 4Z2 7 A Commissioner for taking Affid e c. signature(a) ' Property Information Record For Land Registry Office Use Only A. Describe nature of instrument: Transftar of Tancl Registration No. B. (i) Address of property being conveyed(if available) not assigned 00 Assessment Roll No. (if available) not assigned C. Mailing address(es) for future Notices of Assessment under the Assessment Act for roperty being conveyed(see instruction 7) 40 Temperenee Street, Elownlanyllie r Registration Date Land Registry Office No. Ontario L1C 3A6 D. (i) Registration number for last conveyance of property heing conveyed(if available) ttnkncxan hi) Legal description of property conveyed: Same as in D.(i) above. Yes E] No❑ Not known '�X] E. Name(s) and address(es) of each transferee's solicitor Nicholas T Macos,Barrister & Solicitor, 130 Adelaide Street West, Suite Z500 Toronto, _Ontario M5H 2M2 School Tax Support (Voluntary Election) See reverse for explanation r^ `re 3u wc ne � cai 'ansie m rees Roan Catnouc I Yes 71 No u c� "es 31'. -owiccai : irsierees .vsr,. ce Rer^an Catraic Seearate Scneoi S�ccorers Yes;—i vo,_, _� rsterees .vsr suceel>.' e Frencr _3rgaage Scrcoi Beare where estaeusneci? - NOTE. As to i,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). Instructions 1. Where any transferee(other than a joint tenant) is taking less than the persons who are associates of that person and who are them- whole interest in the property being acquired, then the percentage selves non-resident persons, ownership of each transferee must be clearly indicated beside his/her vii one-half or more of the paid-up capital of which is held b respective name. (vii) p p p Y one or more non-resident persons, 2. (i) It should be noted that if all deponents are not entitled to mark (viii) that would be required on dissolving, winding up, or any the same square in paragraph 1 of the Affidavit, then more than one other distribution that is not a dividend,to distribute one-quarter Affidavit will be required. Only those deponents who are entitled to or more of its surplus to a non-resident person or to that person and one or more persons who are associates of that person and mark the same square in paragraph 1 may swear the same Affidavit. who are themselves non-resident persons, or (ii) This Affidavit is required to be made by each transferee named in (ix) that would be required on dissolving, winding up, or the conveyance, by each person in trust for whom the land conveyed any other distribution of surplus that. is not a dividend, to in the conveyance described is being conveyed and by each trustee distribute one-half or more of its surplus to one or more named in the conveyance to whom the land is conveyed. nog-resident persons. (iii) However,any of the transferees may have the Affidavit made on (g) "non-resident person" means, his behalf by an agent authorized in writing to make the Affidavit or by (i)an individual who is not ordinarily resident in Canada or who, his solicitor. (See clause (d)of paragraph 1 of the Affidavit.) if ordinarily resident in Canada,is neither a Canadian citizen nor an individual who has been lawfully admitted to Canada (iv) The Affidavit for a transferee that is a corporation may be made for permanent residence in Canada, by its President, Vice-President, Manager, Secretary, Director or Treasurer. (See clause(e)of paragraph 1 of the Affidavit.) (ii)a partnership,syndicate,association or other organization of whatsoever kind of which one-half or more of the members are (v) Where transferees are married to each other,either spouse may non-resident persons within the meaning of subclause(i),(iii)or make the Affidavit on behalf of him/herself and the other. (See clause (iv) or in which interests representing in value 50 per cent_or (f)of paragraph 1 of the Affidavit.) more of the total value of the property of such partnership, syndicate, association or other organization are beneficially 3. Extract of clause 1(1)as)of the Act: owned by non-resident persons within the meaning of subclause (i), (iii)or(iv), as) "single family residence" means, (iii)a trust in which non-resident persons within the meaning of (i) a unit or proposed unit under the Condominium Act, or subclause(I),(ii)or(iv)have 50 per cent or more of the beneficial interests in the corpus of the trust or in the income arising there- (ii) a structure or part of a structure, from, and "trust" includes the trustees under such a trust in that is designed for occupation as the residence of one family, their capacity as the trustees thereof, or including dependants or domestic employees of a member of the (iv)a non-resident corporation. family,whether or not rent is paid for the occupation of any part of such residence, and whether or not the land on which the residence is 5. Insert the name and place of residence - or in the case of a situated is zoned for residential use, and "single family residence" corporation, the place of incorporation -of any transferee who includes any such residence that is to be constructed as part of the is a non-resident person.If space is insufficient,attach a list of those arrangement relating to a conveyance of land,but does not include any transferees who are non-resident persons.If none of the transferees such residence constructed or to be constructed on agricultural land is non-resident, insert 'none'. where the transferor with respect to the land conveyed meets the Note: Where the person named in the instrument as grantee is eligibility requirements for a farm tax reduction rebate contained in taking title on behalf of another person(s),the residency status to clause 4(b) or (c) of Ontario Regulation 716/83 made under the be recited must be that of the person or persons who are the Ministry of Agriculture and Food Act. beneficial owners of the land-not that of the grantee named in the instrument. This applies regardless of whether the trustee or nominee capacity of the grantee named in the instrument is 4. Note: Subsection 1(3)provides,inter alia,that an individual shall be indicated on the instrument. considered to be "ordinarily resident in Canada" if, at the time the expression is being applied,he has sojourned in Canada during the next 6. Explain purpose of transfer: natural love and affection, pursuant to preceding twenty-four months for a period of, or periods the court order, separation agreement, etc. aggregate of which is 366 days or more. 7. Insert mailing address(es)where municipal assessment notices for Extract of clauses 1(1)(f)and(g)of the Act: property being conveyed are to be forwarded after closing of this (f) "non-resident corporation" means a corporation incorporated, transaction. formed or otherwise organized in Canada or elsewhere, SCHOOL TAX SUPPORT(Voluntary Election) (i) that has allotted and issued shares to which are a & b The school tax support attached 50 per cent or more of the voting rights ordinarily ( ) ( ) for the land being transferred will be assigned to the public school board unless otherwise exercisable at meetings of the shareholders of the corporation directed. Only Roman Catholics can be separate school and that are owned by one or more non-resident persons, but supporters. If all individual transferees are Roman Catholic this subclause does not apply where it is established to the and wish to be separate schools supporters, the completion satisfaction of the Minister that such one or more non-resident of items (a) and (b) will serve as notice to the Regional persons do not in fact directly or indirectly exercise control Assessment Commissioner to enter the transferees on the over the corporation and that subclause(v)does not apply to the next Assessment Roll as Roman Catholic separate school corporation, supporters. For further information on school support contact your local school board. (ii) that has allotted and issued shares to which are attached 25 per cent or more of the voting rights ordinarily exercisable at (c)&(d) If the land being transferred is situate in area in which a es French Language School Board has been established, and all meetings of the shareholders of the corporation and that are individual transferees have French language education rights, owned by any one non-resident person or by that person and completion of (c) and (d) will serve as notice to the one or more persons who are associates of that person and who Regional Assessment Commissioner to enter the transferees on are themselves non-resident persons, but this subclause does the next Assessment Roll as French language school board not apply where it is established to the satisfaction of the supporters. Minister that such non-resident person does not in fact Individuals have French language education rights under s.23 of directly or indirectly exercise control over the corporation and the Canadian Charter of Rights and Freedoms if the individual that subclause(v)does not apply to the corporation, can answer yes to any one of the following questions: (iii) one-half or more of the directors of which, or of the (i) Is French the language you first learned and still persons occupying the position of director by whatever name understand? called, are individuals who are non-resident persons, (ii) Did you receive your elementary school instruction in (iv) without share capital and one-half or more of the members French?(This does not include French immersion or French as of which are non-resident persons, a second language). (v) that is controlled directly or indirectly by one or more non- (iii) Have any of your children received, or are they now receiving elementary or secondary school instruction in Canada resident persons,including a non-resident corporation within the in French?(This does not include French immersion or French definition contained in the provisions of this clause other than as a second language). this subclause, This information is requested under the Authority of s.15 of the (vi) one-quarter or more of the paid-up capital of which is held Assessment Act. by a non-resident person or by that person and one or more For further information contact your local school board. NOTE: IN ADDITION TO ATTACHING THIS AFFIDAVIT TO THE CONVEYANCE TENDERED FOR REGIS- TRATION, ONE UNATTACHED, COMPLETED COPY MUST BE TENDERED TO THE LAND REGISTRAR AT THE TIME OF REGISTRATION. P1�"90 90-111i DYE&DURHAM Co.INC.—Form No.985 Amended NOV.1992 Provir;e Document General of - Ontario Form 4—Land Registration Reform Act D .3 (1) Registry Land Titles (2) Page 1 of 2 pages (3)Property Block Property F-. IdentMer(s) Additional ILO to co See ❑ L.J L0 Schedule N (4)Nature of Document r-I � Application by Municipality for Inhibiting Order cam : `y (Section 23) co � — (5)Consideration J SL o Not Applicable Dollars$ DN-- �- (6)Description U. J � , Part of Parcel Plan 1, Section 40M- lq o U_ " as to Part of Lots 5, 6 and 8, cc o Plan 40M- I� Municipality of Clarington, New Property Identifiers Additional: Regional Municipality of Durham See ❑ Schedule Executions (7)This (a) Redescription (b) Schedule for: Additional: Document New Easement Additional See ❑ Contains: Plan/Sketch ❑ Description ❑ Parties ❑ Other ❑ Schedule (8)This Document provides as follows: Continued on Schedule ❑ (9)This Document relates to instrument number(s) (10) Party(les)(Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D THE CORPORATION OF THE �.y� ?, ._f ;1996 o 7 1Z 'MUNICIPALITY OF'CLARINGTON'(Applicant) gy. . . . . .by, its.solicitor. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Nicholas T..Maws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;. . . (11)Address for Service 40 Temperance Street, Bowmanville,,Ontario, L1C 3A6 (12)Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . 'I' j I (13)Address for Service (14) Municipal Address of Property (15) Document Prepared by: } Fees and Tax J Nicholas T. Macos O Registration Fee 130 Adelaide Street West co Not Assigned Suite 2600, Toronto, Ontario M5H 3P5 0 cc o Total 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 290572 ONTARIO LTD. -RrKAi"bER -RkmAik►be-k the registered owner of 2W of Parcel 29-2 and JM of Parcel of 29-6 each in Section Con. 2 (Darlington), being Part of Lot 29, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham, being the land laid out by a Plan of Subdivision dated February 28, 1996 prepared by W. John Burg, an Ontario Land Surveyor, 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 �,y Transfer of Easement Part of Lots 5, 6 and 8, Plan 40M- I b(o (Storm Sewers and Catch Basins) , designated as Parts 1, 2 and 3 on Plan 40R- Postponement of Charge Part of Lots 5, 6 and 8, Plan 40M- (Charge No. LT653921) , designated as Parts 1, 2 and 3 on Plan 40R- Postponement of Charge Part of Lots 5, 6 and 8, Plan 40M- WW1.) (Charge No. LT747696) , designated as Parts 1, 2 and 3 on Plan 40R- Postponement of Charge Part of Lots 5 and 6, designated as (Charge No. D458441) Parts 1 and 2 on Plan 40R- AND as to the Lots and Blocks mentioned above, I HEREBY REQUEST you to issue an Order or make an entry under Section 23 of the Land Titles Act inhibiting any dealing with those Lots and Blocks until the Instruments mentioned above have been registered. The address of the applicant for service is 40 Temperance Street, Bowmanville, Ontario L1C 3A6. DATED at Clarington this/7'` day of L/ "'i P Ba�-ri C r Municipality .nf Clarington I have authority to bind the Corporation. ure a uunnAM w,my.—rorm rvo.wu ' Province Amended NOV.1992 of Transfer/Deed of Land A Ontario Form 1 —Land Registration Reform Act ) (1) Registry E] Land Titles ® (2) Page 1 of pages (3) Property Block Property Identifier(s) Additional: E-- See co s_ Schedule El d r,> r-4 (4) Consideration Uj V-4 CC Z � = � c� I.- NIL ----------------------- Dollars$ 0.00 O t`� ;t uj (5) Description This is a: Property Property W C'�- - Division ❑ Consolidation El C— `i a Part of Parcel Plan - 1, Section 40M being W F-- iz � w Part of Lots 5, 6 & 8, Plan 40M - I $ K v u- t=- V-) Municipality of Clarington, Regional Municipality of New-Fogerty Ideners Durham, designated as Parts 1, 2, & 3 cr LLO V Additional: ❑ Plan 40R - 17013- See Schedule Executions Additional: See ❑ Schedule (6) This (a)Redescription ;(b) Schedule for: (7) Interest/Estate Transferred Document New Easement Additional MMNWX Easement Contains Plan/Sketch ❑ Description [] Parties ❑ Other❑ (8)Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . y M D Date of Signature Names) Sig na e3/00� I 290572 ,ONTARIO, LIMITED . . . . . . . . . . . . . . . . . . . . . . . . . ; 1996 06 / WAYNE JEFFERY - Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . � . . I have authority to bind the corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . l 01(9)Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) Signature(s) y M D t I (10) Transferor(s)Address for Service 58 Rossland Road West, Oshawa, ON L1G 2V5 (11)Transferee(s) Date of Birth Y M D THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i (12)Transferees)Address for Service 40 Temperance Street, Bowmanville, ON 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 y M D Signature. . 1.06 1 �J. Signature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . Solicitor for ransfer s)I �i in 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 n c avene that section and based on the information supplied by the transferor,to the best of my knowledge and Obelief,this tr�rt,f�r does�ot cQr�t[av 6hthat section. I am an Ontario solicitor in good standing. Date of Signature Name and AAtt((RY YA1VC: Qy M D a Address of 63 King St E, Box 154 D6 O Solicitor si natu 6.1. ' aI ' ' ' i t5 n (14)Solicitor for Transferees) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records Q reveal no contravention as set out in subdause 50(22)(c)(ii)of the Planning Act and that to the best of my knowledge and belief this transfer C' .y v 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. C (DC c E1Ov Name and Date of Signature x 0 d Address of y M D ;coQ Q cL SOIICItOf � 0 Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .I. (15) Assessment Roll Number I Cty. ;Mun.; Map Sub. ; Par. Fees and Tax of Property I t not assigned Z Registration Fee (16)Municipal Address of Property (17)Document Prepared by: O LARRY YANCH uwi Land Transfer Tax not assigned PARKHILL & YANCH w Barristers & Solicitors v LL 63 King St E, Box 154 0 Oshawa, ON a¢ 0 L1H 7L1 MC LL Total 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 overland flow route, storm sewers and catchbasins 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 purpose of installing, constructing, reconstruction, examining, altering, repairing, renewing or replacing and maintaining the Works or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the Lands. TO 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 structure, plant any trees, hedges or shrubs, place or remove any fill on any part of the Lands or cause or permit any person to interfere in any way directly or indirectly with the Works or in any way derogate from the easement hereby transferred; b) hereby releases the Transferee from any and every claim which 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,operation,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 ti 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) releases to the Transferee all claims upon the interest hereby transferred. AND the Transferee shall have quiet possession of the said easement or right in the nature of an easement, free from all encumbrances and restrictions, save as mentioned herein. O`rE S DURHAM CO ENO -Form No.500 ,mended 1991 Affidavit of Residence and of Value of the Consideration Form 1 - Land Transfer Tax Act F(efer to all instructions on reverse side. IN THE MATTER OF THE CONVEYANCE OF (insert brief descriptionotiand) Part of Parcel Plan-1 . Section 40M-1840 oeing Part of Lots S. 6 & 8, Plan 40M-1840,_ Municipaljy of Clarington, Regional Municipality of nurham, desionated As Parts 1 , 2 & 3, Plan 40R-17015 B Y(print names of all trans/eras in 1419 290572 Ontario Limited TO (see instruction t and print names of all transferees in lino The Corporation of the Municipality of Clarington I, (see instruction 2 and print names)in fulo Nicholas T. Maws MAKE OATH AND SAY THAT: 1. 1 am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)): (see instruction 2) 0 (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; rl (b)A trustee named in the above-described conveyance to whom the land is being conveyed;' C] (c) A transferee named in the above-described conveyance; ® (d)TheXXXNX2VQ0=r solicitor acting in this transaction for (insert names)of principel(s)) The Corporation Of the Municipality of Clarington described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs) 0 (e) The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for (insert names)of corpwation(a)) described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs) Q (f) A transferee described in paragraph( )(inset only one of paragraph(a),(b)of(c)above,as ea0cabl') 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 appa cable) and as such, I have personal knowledge of the facts herein deposed to. 2. (To be completed where the value of the consideration for the Conveyance exceeds$400,000). 1 have read and considered the definition of"single family residence"set out in clause 1(1)(ja)of the Act.The land conveyed in the above-described conveyance 13 contains at least one and not more than two single family residences. lypw Clause 20)(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 convoy- 0 contains more than two single family residences.(see instruction s) anee 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 instnrctbrta s and 5) None 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 (b)Mortgages (i)Assumed (show princpd and interest to be credited against purchase price) . . . . . . . $ nil (ii)Given back to vendor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil (c) Prop @rty transferred in exchange (d'taM below) . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil Au wanks (d)Securities transferred to the value of (detadbNOw) . . . . . . . . . . . . . . . . . . . . . . . . $ nil Mast ee (e) Liens,legacies,annuities and maintenance charges to which transfer is subject . . . . . . . $ nil (f) Other valuable consideration subject to land transfer tax (dstambelow) . . . . . . . . . . $ nil Fllfed/n. Inset'NN' (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of(a)to(f)) . . . . . . . . . . . . . $ 2.00 $ 2.00 wher' (h)VALUE OF ALL CHATTELS - items of tangible personal property 'amicable, (Retail salsa ran a payable on the veto of aN chattrle fatless act fader $ nil the provisions of&,a'Retail Sale'Tax Aar,R.S.O. 1980,c.434,as amendadl . . . . . . . . W Other consideration for transaction not included in(g) or(h)above . . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil (j) TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6) Transfer to Municipality pursuant to a 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 Municipality of Metropolitan Thronto this Z G r ti day of S A Commissioner for taking Af davits,etc. signuuro(y Property Information Record For Land Registry Office Use Only A. Describe nature of instrument: Transfer nf Tana Registration No. B. (i) Address of property being conveyed(if available) not assigned (ii) Assessment Roll No. (ifavadable) not assigned C. Mailing address(es) for future Notices of Assessment under the Assessment Act for roperty being conveyed(see instruction 7) 40 Tenlperenee Street, Bo nianyllie, Registration Date Land Registry Office No. Ontario L1C 3A6 D. (i) Registration number for last conveyance of property being conveyed(ifavailable) ltnknadn hi) Legal description of property conveyed: Same as in D.(i) above. Yes❑ No u Not known 'J E. Name(s) and address(es) of each transferee's solicitor Nicholas T Macos, Barrister & Solicitor, 130 Adelaide Street West. Suite 2500 Toronto. .Opt axio M5H 2 M 2 School Tax Support (Voluntary Election) See reverse for explanation a) are ail naiv,Cuai transferees Roman Catholic? Yes❑ vo ^i ' Yes .:o ail rcivcuai transferees Ash to ce Roman Cathoic Separate Scheol S..coerters n Yes❑ No U _ _ ge =oucat or R crs' yes J "es �o ad r vduai transferees wisn to suoecrt'ne �:,encn _anguage Scnoci Boars (where estaeiisoea)) 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). �449D:90:' Instructions - 1. Where any transferee(other than a joint tenant) is taking less than the persons who are associates of that person and who are them- whole interest in the property being acquired, then the percentage selves non-resident persons, ownership of each transferee must be clearly indicated beside his/her (vii) one-half or more of the paid-up capital of which is held by respective name. one or more non-resident persons, 2. (i) It should be noted that if all deponents are not entitled to mark (viii) that would be required on dissolving, winding up,or any the same square in paragraph 1 of the Affidavit,then more than one other distribution that is not a dividend,to distribute one-quarter Affidavit will be required. Only those deponents who are entitled to or more of its surplus to a non-resident person or to that person and one or more persons who are associates of that person and mark the same square in paragraph 1 may swear the same Affidavit. who are themselves non-resident persons, or (ii) This Affidavit is required to be made by each transferee named in (ix) that would be required on dissolving, winding up, or the conveyance, by each person in trust for whom the land conveyed any other distribution of surplus that is not a dividend, to in the conveyance described is being conveyed and by each trustee distribute one-half or more of its surplus to one or more named in the conveyance to whom the land is conveyed. non-resident persons. (iii) However,any of the transferees may have the Affidavit made on (g) "non-resident person" means, his behalf by an agent authorized in writing to make the Affidavit or by (i)an individual who is not ordinarily resident in Canada or who, his solicitor. (See clause (d)of paragraph 1 of the Affidavit.) if ordinarily resident in Canada,is neither a Canadian citizen nor (iv) The Affidavit for a transferee that is a corporation may be made an individual who has been lawfully admitted to Canada for permanent residence in Canada, by its President, Vice-President, Manager, Secretary, Director or Treasurer. (See clause(e)of paragraph 1 of the Affidavit.) (ii)a partnership,syndicate,association or other organization of whatsoever kind of which one-half or more of the members are (v) Where transferees are married to each other,either spouse may non-resident persons within the meaning of subclause(i),(iii)or make the Affidavit on behalf of him/herself and the other.(See clause (iv) or in which interests representing in value 50 per cent or (f)of paragraph 1 of the Affidavit.) more of the total value of the property of such partnership, syndicate, association or other organization are beneficially 3. Extract of clause 1(1)as)of the Act: owned by non-resident persons within the meaning of subclause (i), (iii)or(iv), (ja) "single family residence" means, (iii)a trust in which non-resident persons within the meaning of (i) a unit or proposed unit under the Condominium Act, or subclause(i),(ii)or(iv)have 50 percent or more of the beneficial interests in the corpus of the trust or in the income arising there- (ii) a structure or part of a structure, from, and "trust" includes the trustees under such a trust in that is designed for occupation as the residence of one family, their capacity as the trustees thereof, or including dependants or domestic employees of a member of the (iv) a non-resident corporation. family,whether or not rent is paid for the occupation of any part of such residence, and whether or not the land on which the residence is 5. Insert the name and place of residence - or in the case of a situated is zoned for residential use, and "single family residence" corporation, the place of incorporation -of any transferee who includes any such residence that is to be constructed as part of the is a non-resident person.If space is insufficient,attach a list of those arrangement relating to a conveyance of land,but does not include any transferees who are non-resident persons.If none of the transferees such residence constructed or to be constructed on agricultural land is non-resident, insert 'none'. where the transferor with respect to the land conveyed meets the Note: Where the person named in the instrument as grantee is eligibility requirements for a farm tax reduction rebate contained in taking title on behalf of another person(s),the residency status to clause 4(b) or (c) of Ontario Regulation 716/83 made under the be recited must be that of the person or persons who are the Ministry of Agriculture and Food Act. beneficial owners of the land-not that of the grantee named in the instrument. This applies regardless of whether the trustee or 4. Note: Subsection 1(3)provides,inter alia,that an individual shall be nominee capacity of the grantee named in the instrument is indicated on the instrument. considered to be "ordinarily resident in Canada" if, at the time the expression is being applied,he has sciourrted in Canada during the next 6. Explain purpose of transfer: natural love and affection, pursuant to preceding twenty-four months for a period of, or periods the court order, separation agreement, etc. aggregate of which is 366 days or more. 7. Insert mailing address(es)where municipal assessment notices for Extract of clauses 1(1)(f)and(g)of the Act: property being conveyed are to be forwarded after closing of this "non-resident corporation"rporation" means a corporation.incorporated, transaction. formed or otherwise organized in Canada or elsewhere, SCHOOL TAX SUPPORT(Voluntary Election) (i) that has allotted and issued shares to which are a & b The school tax support attached 50 per cent or more of the voting rights ordinarily ( ) ( ) for the land being transferred will be assigned to the public school board unless otherwise exercisable at meetings of the shareholders of the corporation directed. Only Roman Catholics can be separate school and that are owned by one or more non-resident persons, but supporters. If all individual transferees are Roman Catholic this subclause does not apply where it is established to the and wish to be separate schools supporters, the completion satisfaction of the Minister that such one or more non-resident of items (a) and (b) will serve as notice to the Regional persons do not in fact directly or indirectly exercise control Assessment Commissioner to enter the transferees on the over the corporation and that subclause(v)does not apply to the next Assessment Roll as Roman Catholic separate school corporation, supporters. For further information on school support contact your local school board. (ii) that has allotted and issued shares to which are attached (c)&(d) If the land being transferred is situate in an area in which a 25 per cent or more of the voting rights ordinarily exercisable at French Language School Board has been established, and all meetings of the shareholders of the corporation and that are individual transferees have French language education rights, owned by any one non-resident person or by that person and completion of (c) and (d) will serve as notice to the one or more persons who are associates of that person and who Regional Assessment Commissioner to enter the transferees on are themselves non-resident persons, but this subclause does the next Assessment Roll as French language school board not apply where it is established to the satisfaction of the supporters. Minister that such non-resident person does not in fact Individuals have French language education rights under s.23 of directly or indirectly exercise control over the corporation and the Canadian Charter of Rights and Freedoms if the individual that subclause(v)does not apply to the corporation, can answer yes to any one of the following questions: (iii) one-half or more of the directors of which, or of the (i) Is French the language you first learned and still persons occupying the position of director by whatever name understand? called, are individuals who are non-resident persons, (ii) Did you receive your elementary school instruction in (iv) without share capital and one-half or more of the members French?(This does not include French immersion or French as of which are non-resident persons, a second language). (v) that is controlled directly or indirectly by one or more non- (iii) Have any of your children received, or are they now receiving elementary or secondary school instruction in Canada resident persons,including a non-resident corporation within the in French?(This does not include French immersion or French definition contained in the provisions of this clause other than as a second language). this subclause, (vi) one-quarter or more of the paid-up capital of which is held This information is requested under the Authority of s.15 of the Assessment Act. by a non-resident person or by that person and one or more For further information contact your local school board. NOTE: IN ADDITION TO ATTACHING THIS AFFIDAVIT TO THE CONVEYANCE TENDERED FOR REGIS- TRATION, ONE UNATTACHED, COMPLETED COPY MUST BE TENDERED TO THE LAND REGISTRAR AT TIiT TIME OF REGISTRATION. R)34490 90 urc a uunnr.m w.un,.—wrm rvv.aoa Amended NOV.1992 Province of Document General D Ontario Form 4—land Registration Reform Act (1) Registry ❑ Land Titles ❑ (2) Page 1 of 2 pages (3) Property Block Property �-- Identifler(s) Additional: See r—t N L S Schedule L J U, (4)Nature of Document U0 +— AGREEMENT POSTPONING CHARGE ( LAND TITLES ) E.— L tom , (5)Consideration ZO c3 Cr .--f ' ° N/A Dollars$ F-- a- —} ((6)Description W �- ``� Yart of Parcel 5 — 1, Section 401 M being Part of LL LU co Lot 5, Plan 40M,1gYdP designated Part 1 Plan 40R-17 of � u- 0 Ix Part of Parcel 6 — 1, Section 40M—(19`2�0 being Part of 0 Lot 6, Plan 40M ,��s N° designated as Part 2 Plan 40R"I�Dfs New Property Identifiers Part of Parcel 8 — 1, Section 40M- f if yD being Part of Additional: Lot 8, Plan 40M-I$KO designated as Part 3 Plan 40R_i 70/T See Schedule ❑ Municipality of Clarington, Regional Municipality of Executions Durham (7)This (a) Redescription (b) Schedule for: Additional: Document New Easement Additional See ❑ Contains: Plan/Sketch Description ❑ Parties ❑ Other c❑ Schedule (8)This Document provides as follows: Continued on Schedule ❑ (9)This Document relates to instrument number(s) Charge # LT 747696 (10) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature �� Y M D7 ROYAL BANK OF CANADA / 'r,-•" Z lL''-� ��1 ' � �a2 �s 11996 i . . O2/ (Postponing Chargee) W. OLLIER $ENIO CCO N?MAtin,CFR i .1996 06 Z? WE have authority to bind the Bank CalJlfVN Senior Acc t Managar (11)Address for Service 20 King St W, 2nd Floor, Toronto, ON M5H 1C4 (12) Party(les) (Set out Status or Interest) Name(s) Signature(s) DYte of SlignaturDe THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .i. . ' { I r I l ; (13)Address for Service 40 Temperance Street, Bowmanville, ON L1C 3A6 (14) Municipal Address of Property (15 Document Prepared by: Fees and Tax LARRY A. YANCH not. assigned PARKHILL & YANCH z Registration Fee Barristers & Solicitors W rn 63 King St E, Box 154 W Oshawa, ON' v L1H 7L1 MC 96156 0 o¢ 0 Total DYE&DURHAM CO.LIMITED f Form No.295 PrDV'Ince Schedule of O ntario Land Registration Reform Act, 1984 O Agreement Postponing Charge (Land Titles) (Attach to Form 4) Page of /We, ROYAL BANK OF CANADA the registered owner(s) of the Charge dated the 16th day of February 19 96 , and registered on the 29th day of February 19 96 , as Instrument No. LT 747696 made by 290572 ONTARIO LIMITED If the Charge has not t O ROYAL BANK OF CANADA been transferred insert "me"or"us". If it has been transferred insert the name of original Chargee and add"and transferred to me" or"us". charging the land registered in the Land Registry Office for the Land Titles Division of Durham No. 40 S 1 GR BAD !►.� �a�c oN 1�6E as x Fuel 29 6,Seet-iert Gen. Parlingtett in the Register for Seee+@a 49W Easement Hereby postpone Charge No. LT 747696 to the X We dated the 2 I r+ day of .)H-- e- 19 di< , made by 290572 ONTARIO LIMITED t0 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON and registered on the 2. T f day of 'r—e 19 L L , as Instrument No. 1, % 7 ? -t S d & xiwxxxxxxxydwyxwxxxxxXXXXXXXXXXxjgx Signatures of parties not required where Document General (Form 4)Is executed by the proper parties. Signature(s) W} UJ LLZ 00 tL W co 0 APRIL,1985 DYE&DURHAM DO.wu.—Form No.8tlb Amended NOV.1882 Province of Document General Ontario Form 4—Land Registration Reform Act (1) Registry ❑ Land Titles ® (2) Page 1 of 2 pages (3) Property Block Property Identifier(s) Additional: See ❑ Schedule t t) (4)Nature of Document � W AGREEMENT POSTPONING CHARGE ( LAND TITLES ) r UO 'r"{ (5)Consideration z N p V c% t w NSA Dollars$ U) r*— S r— (6)Description <cr N Part of Parcel 5 - 1, Section 40M -( 9'Ya, being Part of 2 a ' -� Lot 5, Plan 40M -( rKo designated Part 1 Plan 40R -17 o r S U. Cs3 o —I W E Part of Parcel 6 - 1, Section 40M -�SC`�� being Part of CD u _ Lot 6, Plan 40M -<<6`w designated as Part 2 Plan 40R•1704i New Property Identifiers Part of Parcel 8 - 1, Section 40M being Part of Additional: Lot 8, Plan 40M -,f ce vo designated as Part 3 Plan 40R-r 70(!F See El Municipality of Clarington, Regional Municipality of Executions Durham (7)This (a) Redescription (b)Schedule for: Additional: Document New Easement Additional see El Plan/Sketch ❑ Description El Parties [--I Other Ox Schedule (8)This Document provides as follows: Continued on Schedule ❑ (9)This Document relates to Instrument number(s) Charge # LT 653921 � 1 T77.?so9 (10) Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D ROYAL BANK OF CANADA 11996 :06 . . . . . . . . . . . . . . . . . . . . . . . . . � (Postponing Chargee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' 1996 ;06 .;. . . WE have authority to bind the Bank i 1 � 1 1 (11) Address for Service 20 King St W, 2nd Floor, Toronto, ON M5H 1C4 (12) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . i . . .1. . . 1 . . . . .. . • • . . . . . . . . . . . . . . . . . . . • . . . . . . . • . . . . . . . . . . • . . • • . • . . . • . . . . • . • . . • . . . . . . . . . . • ; . • .;. I 1 1 I 1 (13)Address for Service 40 Temperance Street, Bowmanville, ON L1C 3A6 (14) Municipal Address of Property (15) Document Prepared by: Fees and Tax LARRY A. YANCH not assigned PARKHILL & YANCH 0 Registration Fee Barristers & Solicitors W rn 63 King St E, Box 154 W Oshawa, ON V L1H 7L1 MC 96156 LL O cc o Total I DYE&DURHAM CO9.LIMITED Form No.Province Schedule of O ntario Land Registration Reform Act, 1984 O Agreement Postponing Charge (Land Titles) (Attach to Form 4) Page of /We, ROYAL BANK OF CANADA the registered owner(s) of the Charge dated the 20th day of September 1993 , and registered on the 20th day of September 19 93 , as Instrument No. LT 653921 made by 290572 ONTARIO LIMITED N the Charge has not t O ROYAL BANK OF CANADA been transferred insert "me"or"us". If it has been transferred insert the name of original Chargee and add"and transferred to me" or"us". charging the land registered in the Land Registry Office for the Land Titles Division of Durham No. 40 �s Q4tX LX 60 Easement Hereby postpone Charge No. LT 653921 to the OWN& dated the a day of ,�i.t ne 19 q6 , made by 290572 ONTARIO LIMITED to THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON and registered on the o2'F day of 1�trkee-e4- 19 as Instrument No. 4 I '142 SOSK I)WI&JUXXXXXXXXXX )"Xxxxxxxxaoye*xxxxxxxxxxxxxxxxvx Signatures of parties not XV=6=X required where Document General (Form 4)is executed by the proper parties. Signature(s) W} UJ , LL Z O5 w CC OV) APRIL.1985 UYt a UUMMAM W.INU.—rOnn NO.W10 Amended NOV.1992 Province of Document General Ontixrio Form 4—Land Registration Reform Act (1) Registry Land Titles ® (2) Page 1 of 2 pages (3) Property Block Property Identifler(s) Additional: See C� CL V.) Schedule w c 3 (4)Nature of Document to CC to ``� AGREEMENT POSTPONING CHARGE ( LAND TITLES ) N ts_ C= (5)Consideration LU O L`— ir— ca Dollars$ co C � (6)Description Ez LL J Part of Parcel Section 40 M -I T -s(49 o rn co in the Municipality of Clarington, in the Regional p Municipality of Durham being more particularly described as Parts 1, & 2, Plan OR New Property Identifiers ' 6e PftR-r of Lorrs 1. 5 + 6 on Additional: See Schedule Executions (7)This (a) Redescription ; (b)Schedule for: Additional: Document New Easement ? Additional See Contains: Plan/Sketch j Description [] Parties Other Schedule (8)This Document provides as follows: Continued on Schedule (9)This Document relates to instrument number(s) CHARGE # D 458441 7-7?25o15 (10) Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature y M D ADEMA, Cecil. . . . . . . . . . . . . . -.0 �c . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;1996 E05 I ;. ADEMA, Hendrina Maria (�CcY�yn4� 1996 OS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;. . (Chargees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) Address for Service 1719 Highway No. 2, Court ice, ON (12) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON I j I I I I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . w . . . . . . .I. . • 1 1 I I 1 I 1 1 I 1 (13) Address for Service 40 Temperance Street, Bowmanville, ON L1C 3A6 (14) Municipal Address of Property (15) Document Prepared by: Fees and Tax vacant land LARRY A. YANCH } PARKHILL & YANCH 0 Registration Fee Barristers & Solicitors W rn 63 King St E, Box 154 D W Oshawa, ON v L1H 7L1 MC 95309 0 a¢ Total DYE d DURHAM CO.LIMITED Province Schedule Form No.295 Ontario land Registration Reform Act, 1984 Agreement Postponing Charge (Land Titles) IS (Attach to Form 4) Page 2 of 2 /We, CECIL ADEMA & HENDRINA MARIA ADEMA the registered owner(s) of the Charge dated the day of 19 95 and registered on the 20th day of September 19 95 , as Instrument No. D458441 made by 290572 ONTARIO LIMITED H the Charge has not t o us been transferred insert "me"or"us". If it has been transferred insert the name of original Chargee and add"and transferred to me" or 'us". charging the land registered in the Land Registry Office for the Land Titles Division of Durham No. 40 ash c-esc I-t1a #. t; box 11�) on Pa,q e- 1 se Easement Hereby postpone Charge No. D458441 to theme" dated the �x day of ITt.c n e— 19 %, made by 290572 ONTARIO LIMITED to THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON and registered on the ;2- �4 day of �j��t <a� 1996 as Instrument No. Zr 777.25b8' Signatures of parties not required where Document General (Form 4)is executed by the proper parties. Signature(s) W } UJ LLZ 05 CC5W 0 APR .1285