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HomeMy WebLinkAbout96-166 s BY-LAW NO. 96- 166 being a By-law to authorize the execution of an Agreement with the City of Oshawa, Newcastle III Limited Partnership and Stolp Homes (Newcastle) Developers Inc. referable to draft Plans of Subdivision 18T-89037 and 18T-95023 WHEREAS the Council of the Municipality of Clarington has received and approved a verbal report from the Municipality's Solicitor recommending the settlement of an objection of the City of Oshawa to approval to the Ontario Municipal Board of the street network set out in draft Plans of Subdivision 18T-89037 and 18T-95023 and in the provisions of proposed Amendment No. 59 to the former Town of Newcastle Official Plan referable to these draft Plans on the terms of the Agreement contained in Attachment "A". NOW THEREFORE BE IT ENACTED by the Council of The Corporation of the Municipality of Clarington: 1. THAT the Mayor and Clerk be authorized to execute the Agreement contained in Attachment "A" attached to and forming part of this By-law. BY-LAW read a first and second time this 16th day of September, 1996. BY-LAW read a third time and finally passed this 16th day of September, 1996. Aa am Mayor P tV rrie, C THIS AGREEMENT made as of the 16th day of September, 1996. BETWEEN: THE CORPORATION OF THE CITY OF OSHAWA (hereinafter called the "Oshawa") OF THE FIRST PART - and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Clarington") OF THE SECOND PART - and - NEWCASTLE III LIMITED PARTNERSHIP and STOLP HOMES (NEWCASTLE) DEVELOPERS INC. (hereinafter called the "Owner") OF THE THIRD PART WHEREAS: A. The Owner is the owner of the lands within draft Plan of Subdivision 18T- 89037 which has been referred to the Ontario Municipal Board (the "Board") for hearing commencing on September 16, 1996 with the referral of appeals in respect of a proposed Private Amendment to the former Town of Newcastle Official Plan, appeals in respect of proposed amendments to Clarington's Zoning By-law (By-law No. 84-63, as amended) and the referrals of draft Plans of Subdivision 18T-95023 and 18T-95026. (The referrals and appeals hereafter are referred to collectively as the "Appeals"); B. Draft Plan of Subdivision 18T-89037 applies to lands which abut Regional Road No. 22 to the north, the lands within draft Plan of Subdivision 18T-95032 to the east and Townline Road to the West. Draft Plan of Subdivision 18T-95023 applies to the lands which abut Prestonvale Road to the east, Regional Road No. 22 to the north and the lands within draft Plan of Subdivision 18T-89037 to the west. Draft Plan of Subdivision 18T-95026 r Page 2 applies to the lands which abut Prestonvale Road to the east and Regional Road No. 22 to the south; C. Clarington, the Regional Municipality of Durham and the owners of the lands within Draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 have agreed to settle all issues between them relating to the Appeals as set out in the Principles of Understanding dated July 1, 1996 which have been executed on behalf of them (the 'Principles of Understanding"); D. The Principles of Understanding include a proposed amendment to the former Town of Newcastle Official Plan (the 'Proposed Secondary Plan") including a street network and street classifications which is intended by the parties thereto to replace the content of the Private Official Plan Amendment referred to in Recital A and be approved by the Ontario Municipal Board; E. Among other things, the Principles of Understanding provide for the realignment of Bloor Street and its extension to Prestonvale Road from Townline Road as shown on the map contained in Schedule "A" hereto. (The realignment and extension of Bloor Street hereafter is referred to as "New Bloor Street"); F. Townline Road is a boundary road between Clarington and Oshawa. Grandview Drive is located in Oshawa and intersects with Townline Road to the east and Bloor Street to the North. Proposed Street "F" on draft Plan of Subdivision 18T-89037 is proposed to be located in Clarington directly to the east of the intersection of Grandview Drive and Townline Road and to connect with Grandview Drive via the intersection of Grandview Drive and Townline Road; G. Grandview Drive has been designed as a collector road providing access to residential dwelling units fronting on it and residential dwelling units fronting on the streets which connect with Grandview Drive; H. Oshawa has objected to the approval of the Private Official Plan Amendment referred to in Recital A, the Proposed Secondary Plan, and draft Plan of Subdivision 18T- 89037 on the ground that traffic emanating from dwelling units to be constructed on portions of draft Plans of Subdivision 18T-89037 and 18T-95023 prior to the completion of New Bloor Street may impact negatively on the function of Grandview Drive; I. In order to address Oshawa's objection certain revisions have been made by Clarington to the proposed street network in the Private Official Plan Amendment and the Page 3 Proposed Secondary Plan and draft Plans of Subdivision 18T-89037 and 18T-95023, Oshawa and the Owner acknowledge the aforesaid street network is now acceptable to each of them; J. Oshawa, Clarington and the Owner have agreed that nothing contained herein shall be taken by Clarington and Oshawa to be a precedent for the resolution of objections that may be made in the future by either Clarington or Oshawa to development of lands located within the other municipality. This Agreement is intended to address only the traffic impacts that may occur on Grandview Drive as development of the lands within draft Plans of Subdivision 18T-89037 and 18T-95023 takes place prior to the acceptance of New Bloor Street by Clarington; , K. The Parties have agreed to settle completely Oshawa's objection to draft Plan of Subdivision 18T-89037 and the Appeals on the terms and conditions set out below. NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two dollars ($2.00) of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. (a) After first consulting with the Owner and Clarington, and after first receiving the written approval of Clarington's Director of Public Works as to Oshawa's proposed methodology, which approval shall not be unreasonably withheld, Oshawa may, from time to time, at Oshawa's expense examine the level of infiltration of traffic generated from the future subdivisions, which are currently proposed by draft Plans of Subdivision 18T-89037 and.,18T-95023, on Grandview Drive. 2. (a) For the purposes of this Agreement, the level of infiltration shall be determined in the following manner: • "Station A" means the traffic count location situated on Grandview Drive immediately south of Bloor Street, • "Station B" means the traffic count location situated on Grandview Drive immediately west of its intersection with Townline Road, and Page 4 • "Station C" means the traffic count location situated on proposed Street "G" immediately west of proposed Street "B", both proposed streets as shown on draft Plan of Subdivision 18T-89037. • Standard traffic engineering techniques shall be used to determine the level of traffic infiltration. The time period for the study shall include the morning and afternoon peak periods. The overall study duration shall not exceed a total of 8 hours, which do not necessarily fiave to be consecutive. (b) If fifteen (15%) per cent or more of the volume of traffic on Grandview Drive,determined in accordance with paragraph 2(a)passes through all of Stations A, B and C in a time not indicative that this traffic had an origin or a destination on Grandview Drive, Clarington, Oshawa and the Owner will act cooperatively and in good faith to identify the appropriate mitigative measure(s) to reduce the level of traffic infiltration subject to Dispute Resolution in accordance with paragraph 6 hereof. 3. The mitigative measure(s) referred to in paragraph 2 which are undertaken in Oshawa shall be at Oshawa's expense. The mitigative measures referred to paragraph 2(b) which are undertaken in Clarington shall be at Clarington's expense. The reasonable cost of mitigative measure(s) referred to in paragraph 2 that may be undertaken on Townline Road while it remains a boundary road respecting which an agreement (the "Boundary Road Agreement") may be made for its maintenance and repair by Oshawa and Clarington pursuant to section 271 of the Municipal Act, R.S.O. 1990, c.M.45 as it may be amended or replaced from time to time shall be shared by Oshawa and Clarington in accordance with the cost sharing formula respecting the repair and maintenance of Townline Road set out in the Boundary Road Agreement that applies at the time the mitigative measure(s) in question is undertaken, provided that if there is no Boundary Road Agreement is in force at the time that the mitigative measure(s) on Townline Road is undertaken, the reasonable cost thereof shall be shared equally by Oshawa and Clarington. If any one or more of Oshawa, Clarington or the Owner do not agree as to the reasonable cost of mitigative measure(s) that may be undertaken on Townline Road the issue shall be determined in accordance with Dispute Resolution provided for in paragraph 6 hereof. Page 5 4. Forthwith after written notice is given to the Owner requiring it to do so, (1) the Owner shall indemnify Clarington against the reasonable cost of the mitigative measure(s) referred to in paragraph 3 which may be undertaken in Clarington, and (2) Clarington's share of the reasonable cost of the mitigative measure(s) referred to in paragraph 3 which may be undertaken on Townline Road, up to the amount of the "Security" (as hereafter defined). The amount(s) necessary to so indemnify Clarington may be withdrawn by Clarington from the Security, from time to time, subject to Dispute Resolution, in the. case of a dispute between the Owner and Clarington as to the reasonable cost of the mitigative measure(s) in question. 5. (a) Notwithstanding any provision to the contrary contained in any other Agreement to which Clarington and the Owner are parties or contained in any letter of credit deposited by the Owner with Clarington referrable to the approval of draft Plan of Subdivision 18T-89037(the"Subdivision Agreement") the Owner hereby authorizes Clarington to draw upon letters of credit deposited with by the Owner with Clarington (the "Subdivision Security") the amount necessary to indemnify Clarington as provided in paragraph 4 hereof up to the maximum of $37,500.00 (the "Original Sum") plus the "Escalated Amount") (as hereafter defined). (The aggregate of the Original Amount and the Escalated Amount are referred to in this Agreement as the "Security".) The Owner hereby authorizes the Municipality to retain from the Subdivision Security an amount equal to the amount of the Security until the termination of this Agreement whereupon, subject to paragraph 11 hereof, unless the whole or a portion of such an amount is required to remain on deposit with the Municipality under the Subdivision Agreement, the amount of Security which remains undrawn upon and is not required to remain on deposit with the Municipality under the Subdivision Agreement shall be returned to the Owner. (b) In this Agreement the term "Escalated Amount" means the amount determined by increasing the Original Amount semi-annually on the 1st day of April and October in accordance with the Engineering News Record Cost indexes for 22 Cities published in the Engineering News Record for the most recently available 6 months period, the first of such adjustments to be made on the 1st day of April, 1997. 6. Disputes between any of the Parties hereto which arise are to be determined ('Dispute Resolution") in accordance with this paragraph 6 shall be determined in accordance with the requirements and procedures of sections 197 and 198 of the Municipal Page 6 Act, R.S.O. 1990, c.M.46, or the Municipal Arbitrations Act, R.S.O. 1990, c.M.48 whichever shall apply. 7. Any notice to be given or document to be delivered to Oshawa, Clarington or the Owner pursuant to this Agreement shall be in writing and shall be delivered either personally or by courier or telecopied or sent by prepaid registered mail to the address specified below or to such other address as may be specified in writing from time to time by either party to the other. Any written notice or delivery of documents given in this manner shall be deemed to have been given and received on the day of delivery or telecopy if delivered personally or by courier or telecopied or on the second business day other than Saturday next following the day or mailing if sent by prepaid registered mail, provide however, if at the date of such mailing interruption in the operation of the Canadian Postal Service will or is likely to delay the receipt thereof, it shall not be mailed but shall be delivered personally. Any telecopied notice must be sent by courier to the recipient for delivery no later than the next business day other than Saturday after the day such notice was telecopied, for the telecopied notice to be valid. Oshawa: The Corporation of the City of Oshawa 50 Centre Street South Oshawa, Ontario Tel: (905)436-3854 L1H 3Z7 Fax: (905)436-5694 Attention: Commissioner of Public Works Services Clarington: Municipality of Clarington 40 Temperance Street Bowmanville, Ontario Tel: (905)623-3379 L1C 3A6 Fax: :(905)623-5717 Attention: Director of Public Works Owner: Stolp Homes (Newcastle) Developers Inc. 60 Centurian Drive Suite 219 Markham, Ontario Tel: (905)479-3777 UR 8T6 Fax: (905)479-3859 8. Oshawa shall provide Clarington, without cost, all data collected in the study described in paragraph 2 of this Agreement. s Page 7 9. Oshawa will not object either to the Ontario Municipal Board's approval of the Proposed Secondary Plan including the street network and street classifications included in it, or to the Board's approval of draft Plans of Subdivision 18T-89037 and 18T-95023. 10. Time is of the essence of this Agreement. 11. This Agreement will enure to the benefit and be binding on the Parties hereto and their respective successors and assigns. 12. This provisions of this Agreement shall terminate on later of the days on which Clarington gives written notice to the Owner and to Oshawa that Clarington has issued a Certificate of Construction respecting New Bloor Street from Townline Road to Prestonvale Road, provided that if any mitigative measure(s) have been undertaken on Townline Road and (1) Oshawa or Clarington has not paid its share of the cost thereof in accordance with this Agreement, or (2) Clarington has not been indemnified by the Owner in accordance with this Agreement, or (3) Clarington has not been indemnified by the Owner in respect of the cost of the mitigative measure(s) undertaken by Clarington in accordance with the provisions of this Agreement, the provisions of this Agreement which are applicable to such payment and/or duty to indemnify shall continue to remain in force until such payment is made and/or the indemnity is performed. 13. This Agreement may be executed by the Parties in counterparts. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals attested by their respective proper signing officers in that behalf duly authorized. THE CORPORATION OF THE CITY OF OSHAWA Per: Name: Title: Per: Name: S Page 8 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Name: Title: Per: Name: Title: N 'CASTLE III LIMITED P TNERSHIP� �i9� Per: Name:, �i pL`' Title: 000-.5�D Per: Name: Title: STOLP HOMES (NEWCASTLE) DEVELOPERS INC. Per: me: l�/- S?OG Title: -'3-4:9. Per: Name: Title: 09/18/1995 11: 59 905-666-2468 TUNNEY PLANMIN,:__,1 IHC. ul OLOOR ST, t4 Ujil YL South West Courtice SCHEDULEW ` . ^ . r .l w f THIS AGREEMENT made as of the 16th day of September, 1996. BETWEEN: THE CORPORATION OF THE CITY OF OSHAWA (hereinafter called the "Oshawa") OF THE FIRST PART - and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Clarington") OF THE SECOND PART - and - NEWCASTLE III LIMITED PARTNERSHIP and STOLP HOMES (NEWCASTLE) DEVELOPERS INC. (hereinafter called the "Owner") OF THE THIRD PART WHEREAS: A. The Owner is the owner of the lands within draft Plan of Subdivision 18T- 89037 which has been referred to the Ontario Municipal Board (the "Board') for hearing commencing on September 16, 1996 with the referral of appeals in respect of a proposed Private Amendment to the former Town of Newcastle Official Plan, appeals in respect of proposed amendments to Clarington's Zoning By-law (By-law No. 84-63, as amended) and the referrals of draft Plans of Subdivision 18T-95023 and 18T-95026. (The referrals and appeals hereafter are referred to collectively as the "Appeals"); B. Draft Plan of Subdivision 18T-89037 applies to lands which abut Regional Road No. 22 to the north, the lands within draft Plan of Subdivision 18T-95032 to the east and Townline Road to the West. Draft Plan of Subdivision 18T-95023 applies to the lands which abut Prestonvale Road to the east, Regional Road No. 22 to the north and the lands within draft Plan of Subdivision 18T-89037 to the west. Draft Plan of Subdivision 18T-95026 I J S Page 2 applies to the lands which abut Prestonvale Road to the east and Regional Road No. 22 to the south; C. Clarington, the Regional Municipality of Durham and the owners of the lands within Draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 have agreed to settle all issues between them relating to the Appeals as set out in the Principles of Understanding dated July 1, 1996 which have been executed on behalf of them (the 'Principles of Understanding"); D. The Principles of Understanding include a proposed amendment to the former Town of Newcastle Official Plan (the "Proposed Secondary Plan") including a street network and street classifications which is intended by the parties thereto to replace the content of the Private Official Plan Amendment referred to in Recital A and be approved by the Ontario Municipal Board; E. Among other things, the Principles of Understanding provide for the realignment of Bloor Street and its extension to Prestonvale Road from Townline Road as shown on the map contained in Schedule "A" hereto. (The realignment and extension of Bloor Street hereafter is referred to as "New Bloor Street"); F. Townline Road is a boundary road between Clarington and Oshawa. Grandview Drive is located in Oshawa and intersects with Townline Road to the east and Bloor Street to the North. Proposed Street "F" on draft Plan of Subdivision 18T-89037 is proposed to be located in Clarington directly to the east of the intersection of Grandview Drive and Townline Road and to connect with Grandview Drive via the intersection of Grandview Drive and Townline Road; G. Grandview Drive has been designed as a collector road providing access to residential dwelling units fronting on it and residential dwelling units fronting on the streets which connect with Grandview Drive; H. Oshawa has objected to the approval of the Private Official Plan Amendment referred to in Recital A, the Proposed Secondary Plan, and draft Plan of Subdivision 18T- 89037 on the ground that traffic emanating from dwelling units to be constructed on portions of draft Plans of Subdivision 18T-89037 and 18T-95023 prior to the completion of New Bloor Street may impact negatively on the function of Grandview Drive; I. In order to address Oshawa's objection certain revisions have been made by Clarington to the proposed street network in the Private Official Plan Amendment and the Page 3 Proposed Secondary Plan and draft Plans of Subdivision 18T-89037 and 18T-95023, Oshawa and the Owner acknowledge the aforesaid street network is now acceptable to each of them; J. Oshawa,Clarington and the Owner have agreed that nothing contained herein shall be taken by Clarington and Oshawa to be a precedent for the resolution of objections that may be made in the future by either Clarington or Oshawa to development of lands located within the other municipality. This Agreement is intended to address only the traffic impacts that may occur on Grandview Drive as development of the lands within draft Plans of Subdivision 18T-89037 and 18T-95023 takes place prior to the acceptance of New Bloor Street by Clarington; K. The Parties have agreed to settle completely Oshawa's objection to draft Plan of Subdivision 18T-89037 and the Appeals on the terms and conditions set out below. NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two dollars ($2.00) of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. (a) After first consulting with the Owner and Clarington, and after first receiving the written approval of Clarington's Director of Public Works as to Oshawa's proposed methodology, which approval shall not be unreasonably withheld, Oshawa may, from time to time, at Oshawa's expense examine the level of infiltration of traffic generated from the future subdivisions, which are currently proposed by draft Plans of Subdivision 18T-89037 and,18T-95023, on Grandview Drive. 2. (a) For the purposes of this Agreement, the level of infiltration shall be determined in the following manner: • "Station A" means the traffic count location situated on Grandview Drive immediately south of Bloor Street, • "Station B" means the traffic count location situated on Grandview Drive immediately west of its intersection with Townline Road, and t Page 4 • "Station C" means the traffic count location situated on proposed Street "G" immediately west of proposed Street "B", both proposed streets as shown on draft Plan of Subdivision 18T-89037. • Standard traffic engineering techniques shall be used to determine the level of traffic infiltration. The time period for the study shall include the morning and afternoon peak periods. The overall study duration shall not exceed a total of 8 hours, which do not necessarily have to be consecutive. (b) If fifteen (15%) per cent or more of the volume of traffic on Grandview Drive,determined in accordance with par graph 2(a)passes through all of Stations A, B and C in a time not indicative that this traffic had an origin or a destination on Grandview Drive, Clarington, Oshawa and the Owner will act cooperatively and in good faith to identify the appropriate mitigative measure(s) to reduce the level of traffic infiltration subject to Dispute Resolution in accordance with paragraph 6 hereof. 3. The mitigative measure(s) referred to in paragraph 2 which are undertaken in Oshawa shall be at Oshawa's expense. The mitigative measures referred to paragraph 2(b) which are undertaken in Clarington shall be at Clarington's expense. The reasonable cost of mitigative measure(s) referred to in paragraph 2 that may be undertaken on Townline Road while it remains a boundary road respecting which an agreement (the "Boundary Road Agreement") may be made for its maintenance and repair by Oshawa and Clarington pursuant to section 271 of the Municipal Act, R.S.O. 1990, c.M.45 as it may be amended or replaced from time to time shall be shared by Oshawa and Clarington in accordance with the cost sharing formula respecting the repair and maintenance of Townline Road set out in the Boundary Road Agreement that applies at the time the mitigative measure(s) in question is undertaken, provided that if there is no Boundary Road Agreement is in force at the time that the mitigative measure(s) on Townline Road is undertaken, the reasonable cost thereof shall be shared equally by Oshawa and Clarington. If any one or more of Oshawa, Clarington or the Owner do not agree as to the reasonable cost of mitigative measure(s) that may be undertaken on Townline Road the issue shall be determined in accordance with Dispute Resolution provided for in paragraph 6 hereof. Page 5 4. Forthwith after written notice is given to the Owner requiring it to do so, (1) the Owner shall indemnify Clarington against the reasonable cost of the mitigative measure(s) referred to in paragraph 3 which may be undertaken in Clarington, and (2) Clarington's share of the reasonable cost of the mitigative measure(s) referred to in paragraph 3 which may be undertaken on Townline Road, up to the amount of the "Security" (as hereafter defined). The amount(s) necessary to so indemnify Clarington may be withdrawn by Clarington from the Security, from time to time, subject to Dispute Resolution, in the. case of a dispute between the Owner and Clarington as to the reasonable cost of the mitigative measure(s) in question. 5. (a) Notwithstanding any provision to the contrary contained in any other Agreement to which Clarington and the Owner are parties or contained in any letter of credit deposited by the Owner with Clarington referrable to the approval of draft Plan of Subdivision 18T-89037(the"Subdivision Agreement") the Owner hereby authorizes Clarington to draw upon letters of credit deposited with by the Owner with Clarington (the "Subdivision Security") the amount necessary to indemnify Clarington as provided in paragraph 4 hereof up to the maximum of $37,500.00 (the "Original Sum") plus the "Escalated Amount") (as hereafter defined). (The aggregate of the Original Amount and the Escalated Amount are referred to in this Agreement as the "Security".) The Owner hereby authorizes the Municipality to retain from the Subdivision Security an amount equal to the amount of the Security until the termination of this Agreement whereupon, subject to paragraph 11 hereof, unless the whole or a portion of such an amount is required to remain on deposit with the Municipality under the Subdivision Agreement, the amount of Security which remains undrawn upon and is not required to remain on deposit with the Municipality under the Subdivision Agreement shall be returned to the Owner. (b) In this Agreement the term "Escalated Amount" means the amount determined by increasing the Original Amount semi-annually on the 1st day of April and October in accordance with the Engineering News Record Cost indexes for 22 Cities published in the Engineering News Record for the most recently available 6 months period, the first of such adjustments to be made on the 1st day of April, 1997. 6. Disputes between any of the Parties hereto which arise are to be determined ('Dispute Resolution") in accordance with this paragraph 6 shall be determined in accordance with the requirements and procedures of sections 197 and 198 of the Municipal T . 1 Page 6 Act, R.S.O. 1990, c.M.46, or the Municipal Arbitrations Act, R.S.O. 1990, c.M.48 whichever shall apply. 7. Any notice to be given or document to be delivered to Oshawa, Clarington or the Owner pursuant to this Agreement shall be in writing and shall be delivered either personally or by courier or telecopied or sent by prepaid registered mail to the address specified below or to such other address as may be specified in writing from time to time by either party to the other. Any written notice or delivery of documents given in this manner shall be deemed to have been given and received on the day of delivery or telecopy if delivered personally or by courier or telecopied or on the second business day other than Saturday next following the day or mailing if sent by prepaid registered mail, provide however, if at the date of such mailing interruption in the operation of the Canadian Postal Service will or is likely to delay the receipt thereof, it shall not be mailed but shall be delivered personally. Any telecopied notice must be sent by courier to the recipient for delivery no later than the next business day other than Saturday after the day such notice was telecopied, for the telecopied notice to be valid. Oshawa: The Corporation of the City of Oshawa 50 Centre Street South Oshawa, Ontario Tel: (905)436-3854 UH 3Z7 Fax: (905)436-5694 Attention: Commissioner of Public Works Services Clarington: Municipality of Clarington 40 Temperance Street Bowmanville, Ontario Tel: (905)623-3379 L1C 3A6 Fax: .(905)623-5717 Attention: Director of Public Works Owner: Stolp Homes (Newcastle) Developers Inc. 60 Centurian Drive Suite 219 Markham, Ontario Tel: (905)479-3777 UR 8T6 Fax: (905)479-3859 8. Oshawa shall provide Clarington, without cost, all data collected in the study described in paragraph 2 of this Agreement. Page 7 9. Oshawa will not object either to the Ontario Municipal Board's approval of the Proposed Secondary Plan including the street network and street classifications included in it, or to the Board's approval of draft Plans of Subdivision 18T-89037 and 18T-95023. 10. Time is of the essence of this Agreement. 11. This Agreement will enure to the benefit and be binding on the Parties hereto and their respective successors and assigns. 12. This provisions of this Agreement shall terminate on later of the days on which Clarington gives written notice to the Owner and to Oshawa that Clarington has issued a Certificate of Construction respecting New Bloor Street from Townline Road to Prestonvale Road, provided that if any mitigative measure(s) have been undertaken on Townline Road and (1) Oshawa or Clarington has not paid its share of the cost thereof in accordance with this Agreement, or (2) Clarington has not been indemnified by the Owner in accordance with this Agreement, or (3) Clarington has not been indemnified by the Owner in respect of the cost of the mitigative measure(s) undertaken by Clarington in accordance with the provisions of this Agreement, the provisions of this Agreement which are applicable to such payment and/or duty to indemnify shall continue to remain in force until such payment is made and/or the indemnity is performed. 13. This Agreement may be executed by the Parties in counterparts. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals attested by their respective proper signing officers in that behalf duly authorized. THE CORPORATION OF THE CITY OF OSHAWA Per: Name: Title: Per: Name: Page 8 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Name: Title: Per: Name: Title: NEWCASTLE III LIMITED PARTNERSHIP Per: Name: Title: Per: Name: Title: STOLP HOMES (NEWCASTLE) DEVELOPERS INC. Per: Name: Title: Per: Name: Title: SCHEDULE "A" A4 0 N I C I P A L T Y O F L R I N�031 T O N ) / / L111111� r-7 Ji i, ,------ � ---- T rr-TT ol[ AY a Er ROAD rr lela a NEt4PORT +— —rrl—I r l I. T �Y—r� —I—r r t \ X�� ` �` �lal�l e�e"Ti� ��(rT'rl�l l irl►I '1al Ifl L_J�F—� IbF—� rTTfT�tT f 4 \ \ \ \� y{ a\ 1 \°\.\• nl•l LI.I .LLLi.I°I•I.„I I,I° ” IT-� LLI J.J LLIJ J�111L LL/ I ——— _ L._1 1 1 1 1 1 1 1 1 1 1_1.-J— \�,Y \e\ J RES. GLEN EAGLES DR. 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I L4� I I I EE r LS0 CA;TEj \ TL �o ----- ---\—\'---------------- � I i e6ntl South West Courtice QTUN 473-4 THIS AGREEMENT made as of the 16th day of September, 1996. BETWEEN: THE CORPORATION OF THE CITY OF OSHAWA (hereinafter called the "Oshawa") OF THE FIRST PART - and THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Clarington") OF THE SECOND PART - and - NEWCASTLE III LIMITED PARTNERSHIP and STOLP HOMES (NEWCASTLE) DEVELOPERS INC. (hereinafter called the "Owner") OF THE THIRD PART WHEREAS: A. The Owner is the owner of the lands within draft Plan of Subdivision 18T- 89037 which has been referred to the Ontario Municipal Board (the "Board') for hearing commencing on September 16, 1996 with the referral of appeals in respect of a proposed Private Amendment to the former Town of Newcastle Official Plan, appeals in respect of proposed amendments to Clarington's Zoning By-law (By-law No. 84-63, as amended) and the referrals of draft Plans of Subdivision 18T-95023 and 18T-95026. (The referrals and appeals hereafter are referred to collectively as the "Appeals"); B. Draft Plan of Subdivision 18T-89037 applies to lands which abut Regional Road No. 22 to the north, the lands within draft Plan of Subdivision 18T-95032 to the east and Townline Road to the West. Draft Plan of Subdivision 18T-95023 applies to the lands which abut Prestonvale Road to the east, Regional Road No. 22 to the north and the lands within draft Plan of Subdivision 18T-89037 to the west. Draft Plan of Subdivision 18T-95026 f ' f Page 2 applies to the lands which abut Prestonvale Road to the east and Regional Road No. 22 to the south; C. Clarington, the Regional Municipality of Durham and the owners of the lands within Draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 have agreed to settle all issues between them relating to the Appeals as set out in the Principles of Understanding dated July 1, 1996 which have been executed on behalf of them (the "Principles of Understanding"); D. The Principles of Understanding include a proposed amendment to the former Town of Newcastle Official Plan (the "Proposed Secondary Plan") including a street network and street classifications which is intended by the parties thereto to replace the content of the Private Official Plan Amendment referred to in Recital A and be approved by the Ontario Municipal Board; E. Among other things, the Principles of Understanding provide for the realignment of Bloor Street and its extension to Prestonvale Road from Townline Road as shown on the map contained in Schedule "A" hereto. (The realignment and extension of Bloor Street hereafter is referred to as "New Bloor Street"); F. Townline Road is a boundary road between Clarington and Oshawa. Grandview Drive is located in Oshawa and intersects with Townline Road to the east and Bloor Street to the North. Proposed Street "F" on draft Plan of Subdivision 18T-89037 is proposed to be located in Clarington directly to the east of the intersection of Grandview Drive and Townline Road and to connect with Grandview Drive via the intersection of Grandview Drive and Townline Road; G. Grandview Drive has been designed as a collector road providing access to residential dwelling units fronting on it and residential dwelling units fronting on the streets which connect with Grandview Drive; H. Oshawa has objected to the approval of the Private Official Plan Amendment referred to in Recital A, the Proposed Secondary Plan, and draft Plan of Subdivision 18T- 89037 on the ground that traffic emanating from dwelling units to be constructed on portions of draft Plans of Subdivision 18T-89037 and 18T-95023 prior to the completion of New Bloor Street may impact negatively on the function of Grandview Drive; I. In order to address Oshawa's objection certain revisions have been made by Clarington to the proposed street network in the Private Official Plan Amendment and the Page 3 Proposed Secondary Plan and draft Plans of Subdivision 18T-89037 and 18T-95023, Oshawa and the Owner acknowledge the aforesaid street network is now acceptable to each of them; J. Oshawa,Clarington and the Owner have agreed that nothing contained herein shall be taken by Clarington and Oshawa to be a precedent for the resolution of objections that may be made in the future by either Clarington or Oshawa to development of lands located within the other municipality. This Agreement is intended to address only the traffic impacts that may occur on Grandview Drive as development of the lands within draft Plans of Subdivision 18T-89037 and 18T-95023 takes place prior to the acceptance of New Bloor Street by Clarington; K. The Parties have agreed to settle completely Oshawa's objection to draft Plan of Subdivision 18T-89037 and the Appeals on the terms and conditions set out below. NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two dollars ($2.00) of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. (a) After first consulting with the Owner and Clarington, and after first receiving the written approval of Clarington's Director of Public Works as to Oshawa's proposed methodology, which approval shall not be unreasonably withheld, Oshawa may, from time to time, at Oshawa's expense examine the level of infiltration of traffic generated from the future subdivisions, which are currently proposed by draft Plans of Subdivision 18T-89037 and,18T-95023, on Grandview Drive. 2. (a) For the purposes of this Agreement, the level of infiltration shall be determined in the following manner: • "Station A" means the traffic count location situated on Grandview Drive immediately south of Bloor Street, • "Station B" means the traffic count location situated on Grandview Drive immediately west of its intersection with Townline Road, and Page 4 • "Station C" means the traffic count location situated on proposed Street "G" immediately west of proposed Street "B", both proposed streets as shown on draft Plan of Subdivision 18T-89037. • Standard traffic engineering techniques shall be used to determine the level of traffic infiltration. The time period for the study shall include the morning and afternoon peak periods. The overall study duration shall not exceed a total of 8 hours, which do not necessarily have to be consecutive. (b) If fifteen (15%) per cent or more of the volume of traffic on Grandview Drive,determined in accordance with paragraph 2(a)passes through all of Stations A, B and C in a time not indicative that this traffic had an origin or a destination on Grandview Drive, Clarington, Oshawa and the Owner will act cooperatively and in good faith to identify the appropriate mitigative measure(s) to reduce the level of traffic infiltration subject to Dispute Resolution in accordance with paragraph 6 hereof. 3. The mitigative measure(s) referred to in paragraph 2 which are undertaken in Oshawa shall be at Oshawa's expense. The mitigative measures referred to paragraph 2(b) which are undertaken in Clarington shall be at Clarington's expense. The reasonable cost of mitigative measure(s) referred to in paragraph 2 that may be undertaken on Townline Road while it remains a boundary road respecting which an agreement (the "Boundary Road Agreement") may be made for its maintenance and repair by Oshawa and Clarington pursuant to section 271 of the Municipal Act, R.S.O. 1990, c.M.45 as it may be amended or replaced from time to time shall be shared by Oshawa and Clarington in accordance with the cost sharing formula respecting the repair and maintenance of Townline Road set out in the Boundary Road Agreement that applies at the time the mitigative measure(s) in question is undertaken, provided that if there is no Boundary Road Agreement is in force at the time that the mitigative measure(s) on Townline Road is undertaken, the reasonable cost thereof shall be shared equally by Oshawa and Clarington. If any one or more of Oshawa, Clarington or the Owner do not agree as to the reasonable cost of mitigative measure(s) that may be undertaken on Townline Road the issue shall be determined in accordance with Dispute Resolution provided for in paragraph 6 hereof. Page 5 4. Forthwith after written notice is given to the Owner requiring it to do so, (1) the Owner shall indemnify Clarington against the reasonable cost of the mitigative measure(s) referred to in paragraph 3 which may be undertaken in Clarington, and (2) Clarington's share of the reasonable cost of the mitigative measure(s) referred to in paragraph 3 which may be undertaken on Townline Road, up to the amount of the "Security" (as hereafter defined). The amount(s) necessary to so indemnify Clarington may be withdrawn by Clarington from the Security, from time to time, subject to Dispute Resolution, in the. case of a dispute between the Owner and Clarington as to the reasonable cost of the mitigative measure(s) in question. 5. (a) Notwithstanding any provision to the contrary contained in any other Agreement to which Clarington and the Owner are parties or contained in any letter of credit deposited by the Owner with Clarington referrable to the approval of draft Plan of Subdivision 18T-89037(the"Subdivision Agreement") the Owner hereby authorizes Clarington to draw upon letters of credit deposited with by the Owner with Clarington (the "Subdivision Security") the amount necessary to indemnify Clarington as provided in paragraph 4 hereof up to the maximum of $37,500.00 (the "Original Sum") plus the "Escalated Amount") (as hereafter defined). (The aggregate of the Original Amount and the Escalated Amount are referred to in this Agreement as the "Security".) The Owner hereby authorizes the Municipality to retain from the Subdivision Security an amount equal to the amount of the Security until the termination of this Agreement whereupon, subject to paragraph 11 hereof, unless the whole or a portion of such an amount is required to remain on deposit with the Municipality under the Subdivision Agreement, the amount of Security which remains undrawn upon and is not required to remain on deposit with the Municipality under the Subdivision Agreement shall be returned to the Owner. (b) In this Agreement the term "Escalated Amount" means the amount determined by increasing the Original Amount semi-annually on the 1st day of April and October in accordance with the Engineering News Record Cost indexes for 22 Cities published in the Engineering News Record for the most recently available 6 months period, the first of such adjustments to be made on the 1st day of April, 1997. 6. Disputes between any of the Parties hereto which arise are to be determined ("Dispute Resolution") in accordance with this paragraph 6 shall be determined in accordance with the requirements and procedures of sections 197 and 198 of the Municipal t � Page 6 Act, R.S.O. 1990, c.M.46, or the Municipal Arbitrations Act, R.S.O. 1990, c.M.48 whichever shall apply. 7. Any notice to be given or document to be delivered to Oshawa, Clarington or the Owner pursuant to this Agreement shall be in writing and shall be delivered either personally or by courier or telecopied or sent by prepaid registered mail to the address specified below or to such other address as may be specified in writing from time to time by either party to the other. Any written notice or delivery of documents given in this manner shall be deemed to have been given and received on the day of delivery or telecopy if delivered personally or by courier or telecopied or on the second business day other than Saturday next following the day or mailing if sent by prepaid registered mail, provide however, if at the date of such mailing interruption in the operation of the Canadian Postal Service will or is likely to delay the receipt thereof, it shall not be mailed but shall be delivered personally. Any telecopied notice must be sent by courier to the recipient for delivery no later than the next business day other than Saturday after the day such notice was telecopied, for the telecopied notice to be valid. Oshawa: The Corporation of the City of Oshawa 50 Centre Street South Oshawa, Ontario Tel: (905)436-3854 UH 3Z7 Fax: (905)436-5694 Attention: Commissioner of Public Works Services Clarington: Municipality of Clarington 40 Temperance Street Bowmanville, Ontario Tel: (905)623-3379 L1C 3A6 Fax: .(905)623-5717 Attention: Director of Public Works Owner: , Stolp Homes (Newcastle) Developers Inc. 60 Centurian Drive Suite 219 Markham, Ontario Tel: (905)479-3777 UR 8T6 Fax: (905)479-3859 8. Oshawa shall provide Clarington, without cost, all data collected in the study described in paragraph 2 of this Agreement. Page 7 9. Oshawa will not object either to the Ontario Municipal Board's approval of the Proposed Secondary Plan including the street network and street classifications included in it, or to the Board's approval of draft Plans of Subdivision 18T-89037 and 18T-95023. 10. Time is of the essence of this Agreement. 11. This Agreement will enure to the benefit and be binding on the Parties hereto and their respective successors and assigns. 12. This provisions of this Agreement shall terminate on later of the days on which Clarington gives written notice to the Owner and to Oshawa that Clarington has issued a Certificate of Construction respecting New Bloor Street from Townline Road to Prestonvale Road, provided that if any mitigative measure(s) have been undertaken on Townline Road and (1) Oshawa or Clarington has not paid its share of the cost thereof in accordance with this Agreement, or (2) Clarington has not been indemnified by the Owner in accordance with this Agreement, or (3) Clarington has not been indemnified by the Owner in respect of the cost of the mitigative measure(s) undertaken by Clarington in accordance with the provisions of this Agreement, the provisions of this Agreement which are applicable to such payment and/or duty to indemnify shall continue to remain in force until such payment is made and/or the indemnity is performed. 13. This Agreement may be executed by the Parties in counterparts. IN WITNESS WHEREOF the Parties hereto have hereuntg affixed their corporate seals attested by their respective proper signing officers in that behalf duly authorized. THE CORPORATION OF THE CITY OF OSHAWA Per: Name: Bri uter Title: City Clerk Per: Name: ancy L. Diamond, Mayor , t Page 8 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Name: Title: Per: Name: Title: NEWCASTLE III LIMITED PARTNERSHIP Per: Name: Title: Per: Name: Title: STOLP HOMES (NEWCASTLE) DEVELOPERS INC. Per: Name: Title: Per: Name: Title: n 61- - 4 °'eon •�0 ..����- �s�� ,i 0,1004 �' . ►r irl MONSOON owa i w ma Will O,,•,: �' HIM o:���Sa0000 �a ��eeeQGoDQ� o OZONE=Fe, ��� ■���.��� AMR lihmillq6l m Lit 4 min EM`I'�s� � rdeaQQ�� • ; -� �� f f 1�(0- I�(11:� Telephone (416) 360-3326 Facsimile (416) 868-0306 DENNIS C. HEFFERON BARRISTER & SOLICITOR Suite 2500 130 Adelaide Street West TORONTO, ONTARIO M5H 2M2 TDX Box 38 3 FebjWFM Pm 2:10,21 Mrs. Patti Barrie Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario UC 3A6 Dear Mrs. Barrie: Re: Memorandum of Principles of Settlement respecting Draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 and Certain Related Matters (Draft #8) Enclosed please find the Memorandum of Principles of Settlement initialled on behalf of the three developers, the Municipality of Clarington and the Region of Durham for your records. Yours very truly, MON a 1R ; DCH:bg S� t�• a ' : „n .., .4 Dennis C. Hefferon Enclosure MEMORANDUM WITHOUT PREJUDICE DATE: July 11 , 1996 MEMO TO: Andrew Allison Hugh Saunders Jane Pepino Steven Zakem Stephen Diamond John Dawson FROM: Dennis C. Hefferon SUBJECT: PRINCIPLES OF UNDERSTANDING (Draft #8) 1. Introduction The purpose of this Memorandum is to set out the principles that have been agreed to by the parties as a result of the negotiations to date between the Regional Municipality of Durham (the "Region"), the Municipality of Clarington (the "Municipality"), the owners of the lands within draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 (the "draft Plans of Subdivisions"), and the owner of the lands within draft Plan of Subdivision 18T-95037. The negotiations have been conducted in order to resolve all issues between the parties and to avoid the necessity of lengthy Ontario Municipal Board hearings respecting the lands within the draft Plans of Subdivision which are now before the Board as well as the lands within draft Plan of Subdivision 18T-95037. Each of the statements and principles that follow are interdependent and none of them shall be taken to be accepted by any of the parties unless each of them is accepted by all of the parties. Acceptance of the Principles contained in this Memorandum by the parties is conditional on the outstanding issues and zoning set out below, the "Phasing Plan" and "Phasing Document" (as hereafter defined), and a final agreement to implement these Principles which will be set out in greater detail the intent of the parties, each being settled to the satisfaction of the parties. - Page 2 - Certain subdivision design issues as well as the Municipality's conditions of draft approval of the Plans of Subdivision are being worked out in discussions by the owners of the lands with relevant staff of the Municipality. The form and content of implementing zoning amendments have not been settled by the parties as yet. The Phasing Plan South-West Courtice Plate 1 prepared by Tunney Planning Inc. and G.M. Sernas & Associates Ltd. dated June, 1996 (the "Phasing Plan") is intended to replace the corresponding Plate 1 dated April, 1996 which is contained in the "South-West Courtice Neighbourhood Plan Development Phasing Document" prepared by G.M. Sernas & Associates Ltd. and dated April, 1996 (the "Phasing Document"). The Phasing Plan requires further amendment to reflect the results of negotiations to date and remains to be settled to the satisfaction of the Municipality. The text of the Phasing Document also requires amendment to reflect the content of the Phasing Plan dated June, 1996 as finally settled by the parties. In this Memorandum, references to the Phasing Plan and the Phasing Document in this Memorandum shall be taken to be references to the Plan and Document as finally settled to the satisfaction of the parties. References to Phases and Stages shall be taken to be references to Phases and Stages shown on the Phasing Plan. References to subsequent Phases or Stages to the Phase(s) and Stage(s) specified shall be taken to be references to the Phase(s) and Stage(s) set out following the Phase(s) and Stage(s) in question so specified on the legend shown on the Phasing Plan. Copies of the Phasing Plan and the Phasing Documents will be contained in Schedules 1 and 2 hereto. Reference to a subdivision agreement(s) shall be taken to be a reference to a subdivision agreement(s) in the Municipality's current standard form on file with the Municipality's Director of Public Works. The parties agree that minor amendments to the Phasing Plan and Phasing Document approved by the Municipality's Director of Public Works and the owners may be made without amendment being made to the Principles contained in Schedule 1 and 2. 2. Phasing Plan and Phasing Document Subject to (1 ) amendments to the Phasing Plan and the Phasing Document referred to above being made which are acceptable to the Municipality, (2) - Page 3 - to the settlement of draft Plans of Subdivision, conditions of draft approval and zoning which are acceptable to the Municipality, and (3) to the agreement of the owners of the lands within draft Plans of Subdivision 18T- 89037, 18T-95023 and 18T-95026 that they will comply with the Phasing Plan and the Phasing Document as part of a comprehensive settlement of all issues between the parties the Municipality's representatives (the "Staff") will recommend to the Municipality's Council that it approve the Phasing Plan dated June, 1996 and the Phasing Document. The Phasing Plan and the Phasing Document assign the lands within the draft Plans of Subdivision, the services, the roads including certain arterial and external roads, the stormwater management works, and the neighbourhood park and parkettes which are to be constructed to Phases and Stages which are shown on the Phasing Plan and are described in the Phasing Document. Except as otherwise provided herein, although the Phases shown on the Phasing Plan are to be developed or constructed sequentially in conjunction with the works for the corresponding Stages, it is not necessary for the lands within Phases and Stages 1 A, 1 B and 1 C and the works assigned to them to be developed or constructed sequentially, provided that the works to be constructed in conjunction with each of Phase and Stage 1 A, 1 B and 1 C, respectively, are developed or constructed in conjunction with the development of,lands within the corresponding Phase. The parties acknowledge that timing of the construction of the sidewalk on Townline Road South referred to in paragraph 3(b)(ii) is in the discretion of the Municipality and that the rights of the owners to develop the lands with Phases and Stages 1 A, 1 B and 1 C are neither dependent nor conditional on the construction of this sidewalk. Certain of the works shown on the Phasing Plan and described in the Phasing Document are or are intended to be under the jurisdiction of the Regional Municipality of Durham (the Region). Other works are under the Municipality's jurisdiction and will require financing and expenditure decisions to be made by the Municipality's Council. Except as provided below, each of the works under the jurisdiction of either the Region or the Municipality is intended to be undertaken when the Region or the Municipality, as the case may be, determines that there is a need for the work(s) in question and moneys are or will be available for the particular work(s). With respect to those capital works that under this Memorandum are the responsibility of the Municipality, it is understood and agreed that no - Page 4 - development shall take place in Phase and Stage 2A, shown on the Phasing Plan, or on lands within any subsequent Phase and Stage either (1 ) until such time as the Municipality's Council has included the works necessary for the Stage in question within its capital works forecast, or (2) until the Municipality has approved a budget allocating funds necessary for each such specific work that involves the expenditure of the Municipality's funds including but not limited to development charge revenues. Notwithstanding the assignment of a capital work which is the responsibility of the Municipality under this Memorandum, to a particular Stage, the parties agree that the Municipality may in its discretion provide a work or part of a work in conjunction with an earlier Phase and Stage. Further, the owners of the lands within the draft Plans of Subdivision and the Municipality agree that provided that the capital works which are the Municipality's responsibility under this Memorandum have been included in either the Municipality's capital works forecast or in the Municipality's budget, the development of lands within Phase and Stage 2A or a subsequent Phase and Stage shown on the Phasing Plan may be undertaken before the particular capital work(s) is constructed. The reconstruction of the intersections of New Bloor Street with Townline Road South and Prestonvale Road are the responsibility of the Region. Although portions of their reconstruction is shown on the Phasing Plan to be undertaken as Phases and Stages 1 A and 2A, the Municipality and the owners acknowledge that the Region in its discretion will determine when these intersections will be reconstructed and that with the exception of the lots fronting on Old Bloor Street, the owners' exercise of their rights to develop lands within a subsequent Phase and Stage will not be deferred until the Region reconstructs the intersections in question, nor will their exercise be conditional on such action by the Region. The owners of the lands within draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 acknowledge that the development of lots fronting onto Old Bloor Street will not take place until the intersections of New Bloor Street with Townline Road South and Prestonvale Road has been constructed, New Bloor Street between Bruntsfield Street and Prestonvale Road has been constructed and Bruntsfield Street has been stopped up and closed. For the avoidance of doubt, the parties acknowledge and agree that nothing contained herein is intended to fetter in any way the discretion of the Region's Council and the Municipality's Council to make financing and expenditure decisions respecting any of the works under their respective - Page 5 - jurisdictions which are identified in the Phasing Plan and the Phasing Document. 3. Arterial and External Roads (a) New Bloor Street (i) Intersection with Townline Road South The Region confirms that the reconstruction of this intersection is a Regional responsibility. Reconstruction will be undertaken when the Region determines that it is needed. The cost of this work is a Region responsibility, all or any part of which may be included in the Region's development charge at the Region's discretion. (ii) Townline Road South to Bruntsfield Street The parties acknowledge that the timing and terms of the assumption by the Region of this section of New Bloor Street are matters to be settled by the Region and the Municipality. (iii) Bruntsfield Street to Easterly Limit of New Street "A" and New Street "B" On registration of the first phase of the final Plan Subdivision respecting draft Plan of Subdivision 18T-95026,the owner will dedicate to the Municipality a 36 metre wide right-of-way for this portion of New Bloor Street from the westerly limit of the draft Plan of Subdivision 18T-87041 to the easterly limit of New Street "A" as shown on the draft Plan of Subdivision. The Region confirms that an 11 .1 metre wide roadway curb to curb is acceptable to it for the purpose of the Region's assumption of New Bloor Street when it is realigned and constructed from the Townline Road South intersection to the Prestonvale Road intersection. The owners will pay for the construction of the equivalent of a 10 metre wide roadway through this section of New Bloor - Page 6 - Street at their expense. The Region will, subject to Regional Council approval, pay the incremental cost to widen the roadway from a 10 metre to an 1 1.1 metre wide roadway. The Municipality will pay the cost of additional granular material and asphalt within the 10 metre road to accommodate future widening of the road in excess of 10 metres. This road will be constructed as a Phase and Stage 1 C work in accordance with the Phasing Plan and the Phasing Document. Provision will be made in the subdivision agreement respecting the lands within draft Plan of Subdivision 18T-95026 for the posting of security with the Municipality to secure the construction of this section of New Bloor Street prior to the issuance to the owner by the Municipality's Director of Public Works of the necessary Authorization to Commence Works. (iv) New Street "A" and New Street "B" to the Intersection with Prestonvale Road On registration of the first phase of its final Plan of Subdivision of the lands within draft Plan of Subdivision 18T-95026, the owner will dedicate a 36 metre wide right-of-way to the Municipality as shown on the draft Plan of Subdivision. The Region confirms that a 11 .1 metre wide roadway curb to curb is acceptable to it for the purpose of its assumption of New Bloor Street when it is constructed from the Townline Road intersection to the Prestonvale Road intersection. The owners will pay for the construction of the equivalent of a 10 metre wide roadway through this section of New Bloor Street at their expense. The Region will, subject to Regional Council approval, pay the incremental cost to widen the roadway from a 10 metre to an 11 .1 metre wide roadway. This road will be constructed as a Phase and Stage 2A work in accordance with the Phasing Plan. Provision will be made in the subdivision agreement respecting the lands within draft Plan of Subdivision 18T-95026 for the posting of security with the Municipality to secure the construction of this section of New Bloor Street prior to the commencement of the development of lands within Phase and Stage 1 C shown on the Phasing Plan, - Page 7 - provided that provision shall be made in the aforesaid subdivision agreement for the use of part of the security posted for the development of local roads and other works to be completed in conjunction with Phase and Stage 1 C as security for the cost of construction of this portion of New Bloor Street as the local roads and other works are completed and the performance guarantee respecting them could otherwise be reduced in accordance with the subdivision agreement. (v) Intersection with Prestonvale Road The Region confirms that the reconstruction of this intersection is a Regional responsibility. Reconstruction will be undertaken when the Region determines that it is needed. The cost of this work is a Regional responsibility all or any part of which may be included in the Region's development charge in the Region's discretion. (b) Townline Road South (i) Widening of Right-of-Way Thd parties acknowledge that a 6.83 metre wide widening of Townline Road South is required from the lands within draft Plan of Subdivision 18T-89037. The widening shall be identified as a Block on the draft Plan of Subdivision. The subdivision agreement respecting the draft Plan of Subdivision 18T-89037 will provide that the owner of the lands within the Plan of Subdivision will dedicate the entire widening to the Municipality for a nominal consideration. (ii) Easterly Side of Townline Road South from Grandview to New Bloor Street The Municipality is responsible for the completion of construction of this portion of Townline Road South to an urban profile including the construction of a sidewalk on the east side of Townline Road South from the walkway in Phase and Stage 1 A of the development of the lands within draft Plan of Subdivision 18T-89037 when the Municipality determines that the sidewalk is needed. The Municipality acknowledges - Page 8 - that the sidewalk may be required to accommodate residents in Phase and Stage 1 B of the development of the lands within draft Plan of Subdivision 18T-95023 in advance of the development of Phase and Stage 1 A. The Municipality may include the growth-related portion of the cost of these services in its Development Charge By-law or in a replacement of its Development Charge By-law in the Municipality's discretion. Additionally, the conditions of approval of draft Plan of Subdivision 18T-89037 will provide that the owner of the lands within draft Plan of Subdivision 18T-89037 shall pay to the Municipality approximately $27,000.00 (the exact amount to be confirmed by the Municipality) for remittance to the City of Oshawa as part of the Municipality's share of the cost of the reconstruction of the easterly half of Townline Road South abutting this Plan of Subdivision which had been incurred by the City of Oshawa. Staff will consider whether the amount of this payment could be included in the Municipality's development charge when the Municipality's present Development Charge By-law (By-law No. 92-105, as amended) is amended or replaced and will advise the other parties of their determination as soon as possible. Easterly Side of Townline Road South from the southerly limit of Plan 18T-89037 to Grandview The Municipality is responsible for the completion of construction of this portion of Townline Road South to an urban profile. The Municipality may include the growth-related portion of the cost of this service in its Development Charge By-law or in a replacement of its Development Charge By-law in the Municipality's discretion. Additionally, the conditions of draft approval will provide that the owner of the lands within draft. Plan of Subdivision 18T- 89037 shall pay the Municipality approximately $53,000.00 (the exact amount to be confirmed by the Municipality) for remittance to the City of Oshawa as part of the Municipality's share of the cost of the reconstruction of the easterly half of - Page 9 - Townline Road South abutting this Plan of Subdivision which had been incurred by the City of Oshawa. Staff will consider whether the amount of this payment could be included in the Municipality's development charge when the Municipality's present Development Charge By-law (By-law No. 92-105, as amended) is amended or replaced and will advise the other parties of their determination as soon as possible. (c) Prestonvale Road south of New Bloor Street On registration of the first phase of its final Plan of Subdivision the owner of the land within draft Plan of Subdivision 18T-95023 will dedicate a strip of land abutting Prestonvale Road which is to be identified as a Block shown on the draft Plan of Subdivision to provide for the future widening and realignment which is required to bring the alignment to a Type C arterial road standard. The Municipality will be responsible for the reconstruction of Prestonvale Road when it is needed. The Municipality may include the cost or an appropriate portion of it in an amendment to its Development Charge By-law or a replacement of its Development Charge By-law in the Municipality's discretion. (d) Prestonvale Road North of the intersection with New Bloor Street On registration of the first phase of its final Plan of Subdivision the owner of the land within draft Plan of Subdivision 18T-95026 will dedicate a strip of land abutting this section of Prestonvale Road which is to be identified as a Block shown on the draft Plan of Subdivision to provide for one-half of the widening required to bring it to a local road standard if the Amendment to the Region's Official Plan to reclassify this section of Prestonvale Road is approved. If this Amendment is not approved the owner will dedicate an additional strip of land 3 metres wide, also to be identified as a Block on the draft Plan of Subdivision, to provide for one-half of the widening required for a Type C arterial road. The Municipality will be responsible for reconstructing this section of Prestonvale Road to an urban profile when the Municipality determines that the reconstruction is needed. - Page 10 - (e) New Street "A" and New Street "B" North of Old Bloor Street On registration of the first phase of its final Plan of Subdivision, the owner of the lands within draft Plan of Subdivision 18T-95026 will dedicate to the Municipality a right-of-way 26 metres wide to the Municipality for New Street "A" and a right-of-way 23 metres wide for New Street "B" as shown on the draft Plan of Subdivision. The owner will also construct 10 metre wide roads on these streets at its expense as Phase and Stage 1 C works as shown on the Phasing Plan. The Municipality will pay the cost of any additional widening to the 10 metre road to accommodate intersection movements at New Street "A" and New Bloor Street. (f) Old Bloor Street from Townline Road South to Intersection with New Street "B" The owners of the lands within draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 at their expense will reconstruct Old Bloor Street to an urban profile for a local road from Townline Road South to the westerly limit of New Street "B". Without fettering the Municipality in the exercise of its discretion, if the reconstruction of Old Bloor Street is commenced after title to and responsibility for Old Bloor Street is transferred to the Municipality, at the request of the owners of the lands within the draft Plans of Subdivision, Staff will recommend that the Municipality enter into a front-ending agreement with the owners pursuant to the provisions of Part II of the Development Charges Act, so that portions of the front- ending cost of the reconstruction may be recovered from other benefiting owners. The subdivision agreements respecting the lands within draft Plans of Subdivision 18T-95023 and 18T-95026 shall provide that the lands within Phase 3 shown on the Phasing Plan shall not be developed until Old Bloor Street has been reconstructed in accordance with this paragraph. - Page 11 - (g) Extension of Old Bloor Street as East-West Section of Street "F" (E- W Street "F" The owners of the lands within draft Plans of Subdivision 18T-95023 and 18T-95026 at their expense will reconstruct E-W Street "F" to an urban profile for a local road from the intersection of New Street "B" to the westerly limit of New Bloor Street. Without fettering the Municipality in the exercise of its discretion, if the reconstruction of Old Bloor Street is commenced after title to and responsibility for Old Bloor Street is transferred to the Municipality, at the request of the owners of the lands within the draft Plans of Subdivision, Staff will recommend that the Municipality enter into a front-ending agreement with the owners pursuant to the provisions of Part II of the Development Charges Act, so that portions of the front- ending cost of the reconstruction may be recovered from other benefiting owners. The subdivision agreements respecting the lands in draft Plans of Subdivision 18T-95023 and 18T-95026 shall provide that the lands within Phase 3 shown on the Phasing Plan shall not be developed until E-W Street "F" has been reconstructed in accordance with this paragraph: 4. Stormwater Management Works The stormwater management works described in the Phasing Document will be provided for by the relevant owners at their expense in accordance with the provisions of the subdivision agreements for their respective Plans of Subdivision. Without fettering the Municipality in the exercise of its legislative discretion, at the owners' request, Staff will recommend that the Municipality's Council enter into a front-ending agreement with the owners to recover an appropriate portion of the cost from other benefiting persons. 5. Neighbourhood Park and Parkettes (a) Parkette "A" (Plan 18T-89037) - Page 12 - Subject to paragraph 5(g), the owner of the lands within Plan of Subdivision 18T-89037 shall construct at its expense Parkette "A" shown on the Phasing Plan in accordance with the subdivision agreement and the park development plan approved by the Director of Public Works prior to the issuance of the building permit for the dwelling unit representing 25% of the dwelling units to be constructed on Phase and Stage 1A of the lands within this plan of subdivision. (b) Parkette "B" (Plan 18T-95023) Subject to paragraph 5(g), the owner of the lands within Plan of Subdivision 18T-95023 shall construct at its expense Parkette "B" shown on the Phasing Plan in accordance with the subdivision agreement and the park development plan approved by the Director of Public Works prior to the issuance of the building permit for the dwelling unit representing 25% of the dwelling units to be constructed on Phase and Stage 2B of the lands within this plan of subdivision. (c) Neighbourhood Park Subject to paragraph 5(g), the owners of the lands within Plans of Subdivision 18T-89037, 18T-95023 and the portion of Plan of Subdivision 18T-95026 located southerly from New Bloor Street (the "southerly portion of Plan 18T-95026") shall construct at their expense the Neighbourhood Park shown on the Phasing Plan in accordance with the subdivision agreement for draft Plan of Subdivision 18T-95023 and the park development plan approved by the Director of Public Works. The construction shall be commenced prior to: (i) the issuance of the building permit for the 262nd dwelling unit (representing 25% of the dwelling units in Plans 18T- 89037 and 18T-95023 and the southerly portion of Plan 18T- 95026) to be constructed on its combination of Plans of Subdivision 18T-89037, 18T-95023 and the southerly portion of Plan 18T-95026; and (ii) the issuance-of the building permit for the 159th dwelling unit (representing 35% of the dwelling units on this Plan) to - Page 13 - be constructed on the lands within Plan of Subdivision 18T- 89037; or (iii) the issuance of the building permit for the dwelling unit (representing 35% of the dwelling units on this Plan) to be constructed on the lands within Plan of Subdivision 18T- 95023. (d) Security for Estimated Costs of Construction Prior to the day on which the first subdivision agreement respecting any one or more of draft Plans of Subdivision 18T-89037, 18T-95023 or 18T-95036 is executed by the Municipality, (i) with respect to Parkette "A", the owner of the lands within draft Plan of Subdivision 18T-89037, (ii) with respect to Parkette "B", the owner of the lands within draft Plan of Subdivision 18T-95023, and (iii) with respect to the Neighbourhood Park, the owners of the lands within draft Plans of Subdivision 18T-89037 and 18T- 95026 and the southerly portion of Plan 18T-95026 shall deposit with the Municipality unconditional and irrevocable letter(s) of credit (the "Security") issued by a bank(s) listed in Schedule "I" of the Bank Act for the estimated costs of the Parkettes and Neighbourhood Park as approved by the Municipality's Director of Public Works, provided that without the prior written consent of the owner or owners of the lands in question the amount of the estimated costs of construction and the Security shall not exceed $65,000.00 for Parkette "A", $47,450.00 for Parkette "B" and $442,000.00 for the Neighbourhood Park which amounts shall be indexed using the same index and dates of calculation as provided in the Municipality's Development Charge By-law from the date of this Memorandum. The letter(s) of credit shall be in a form and have a content which is satisfactory to the Municipality's Treasurer. - Page 14 - (e) Use by Municipality of the Security The Security may be drawn upon by the Municipality to permit it to undertake or to complete the Parkette(s) or Neighbourhood Park to which it relates in accordance with the relevant provisions of the Municipality's standard form of subdivision agreement on file with the Municipality's Director of Public Works. (f) Amendment to Municipality's Development Charge By-law (i) Without fettering the Municipality's Council in the exercise of its legislative discretion, it is the intention of the owners of the lands within draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 and Staff that the Municipality's Council will consider enacting an amendment to its Development Charge By-law (the "Development Charge Amendment") to add to it Parkette "A", Parkette "B" and the Neighbourhood Park as growth-related capital services. Staff will recommend that the Municipality's Council enact the Development Charge Amendment as soon as possible, subject to compliance with the Development Charges Act. If the Development Charge Amendment is enacted,the Municipality will use its best efforts to obtain the approval of the Development Charge Amendment by the Minister of Municipal Affairs and Housing as soon as possible if the Municipality considers that such approval is required to bring the Development Charge Amendment into force. (ii) If the Development Charge Amendment is not enacted or is not approved, without fettering the Municipality's Council in the exercise of its legislative discretion, it is the intention of the owners of the lands within draft Plan of Subdivision 18T- 89037, 18T-89023 and 18T-89026 and Staff that the Municipality's Council will consider incorporating in a replacement of its Development Charge By-law (the "Development Charge Replacement") reference to Parkette "A", Parkette "B" and the Neighbourhood Park as growth-related capital services. If the Development Charge Replacement is enacted, the Municipality will use its best efforts to obtain the approval of--the Development Charge Amendment by the Minister of Municipal Affairs and Housing as soon as possible - Page 15 - if the Municipality considers that such approval is required to bring the Development Charge Replacement into force. If the Development Charge Replacement is enacted, the provisions of paragraph 5 except paragraph 5(f)(i) which refer to the Development Charge Amendment shall be taken to refer to the Development Charge Replacement. (g) Development Charge Credit If the Development Charge Amendment referred to in paragraph 5(f) is enacted and comes into and remains in force until the completion of construction of Parkettes "A" and "B" and Neighbourhood Park, it is the intention of the owners of the lands within draft Plans of Subdivision 18T-89037, 18T-95023 and the southerly portion of Plan 18T-95026 and the Municipality that, (i) subject to paragraph 5(g)(ii), the Municipality will regard the services in fact provided as being provided in lieu of the payment of a portion of the development charge for the provision of Parkette "A", Parkette "B" and the Neighbourhood Park, respectively, and shall give the owners of lands within draft Plans of Subdivision 18T-89037 and 18T-95023 and the southerly portion of Plan 18T-95026 a credit against the development charges otherwise payable under the Municipality's Development Charge By-law in an amount equal to the reasonable cost to the owners of providing these services and up to the maximum of the parkette and neighbourhood park development components of the Municipality's development charge that is payable by the owners under the Municipality's Development Charge By-law. If the Development Charge Amendment is not enacted, or does not come into and remain in force until completion of the construction of the latest of Parkettes "A" and "B" and the Neighbourhood Park required to be constructed by paragraphs 5(a), 5(b) and 5(c), it is understood and agreed that the Municipality shall not be under any duty to the owner or owners who constructed them either-to give credits against the development charge otherwise payable under the Development Charge By-law for the cost of constructing the aforesaid Parkettes and Neighbourhood Park or any of them or to otherwise compensate the owner or owners or anyone claiming - Page 16 - through or under them who construct any of the Parkettes and Neighbourhood Park for any part of the cost thereof; and (ii) the Municipality and the owner of the lands within draft Plans of Subdivision 18T-89037 and 18T-95023 and the southerly portion of draft Plan of Subdivision 18T-95026 will enter into an agreement pursuant to subsection 13(2) of the Development Charges Act substantially in the form and with the content of the draft agreement contained in Schedule 4 hereto which provides that the Neighbourhood Park referred to in paragraph 5(c) will be oversized to accommodate development of the "Other Benefiting Lands" identified on the map also contained in Schedule 4 hereto, and also provides that a credit against the development charges otherwise payable under the Municipality's Development Charge By-law by the aforesaid owners will be given to them for an amount up to the reasonable cost to the owners of providing the oversized portion of the Neighbourhood Park and up to the maximum of the neighbourhood park development component of the Municipality's development charge that is payable under the Municipality's Development Charge By-law, provided that the Neighbourhood Park is constructed by the owners in accordance with paragraph 5(c). If the Development Charge Amendment is not enacted, or does not come into and remain in force until completion of the construction of the Neighbourhood Park required to be constructed by paragraph 5(c), it is understood and agreed that the Municipality shall not be under any duty either to give credits against the development charge otherwise payable under the Development Charge By-law for the cost of constructing the Neighbourhood Park to the owner or owners who constructed them, or otherwise to compensate the owner or owners or anyone claiming through or under them or any of them who construct the Neighbourhood Park for any part of the cost thereof. (h) Alternative Front-Ending Agreement Without fettering the Municipality in the exercise of its discretion, alternatively to the development charge credit referred to in paragraph 5(g), at the request of the Owners of the lands within Plans of Subdivision 18T-89037, 18T-95023 and the southerly portion 18T- - Page 17 - 95026, Staff will recommend that the Municipality enter into a front ending agreement with the Owners pursuant to the provisions of Part II of the Development Charges Act so that portions of the front- ending cost of the construction of the Neighbourhood Park will be paid by other benefitting persons in addition to the development charges otherwise payable by them under the Municipality's Development Charge By-law. 6. Draft A1212roval of Plans of Subdivision The respective owners hereby acknowledge that the revised draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 on file with the Municipality when settled to the satisfaction of the Municipality's Director of Planning and Development and the proposed conditions of draft approval which are to be contained in Schedule 3 hereto when settled by the parties will be satisfactory to each of them and agree that nothing contained in paragraph 5 hereof shall be deemed to derogate from the Municipality's aforesaid conditions of approval. 7. Secondary Plan The owners of the lands within draft Plans of Subdivision 18T-89037, 18T- 95023 and 18T-95026 and the Municipality will request that the Ontario Municipal Board order that the former Town of Newcastle Official Plan be amended by adding thereto a Secondary Plan substantially with the content of the Secondary Plan contained in Schedule 4 hereto. The Region will not object to such an order being made by the Ontario Municipal Board with the exception of the classifications of Glenabbey Drive between Townline Road South and Prestonvale Road, Townline Road South south of New Bloor Street and Prestonvale Road north of New Bloor Street. 8. Community Park 289143 Ontario Limited, the owner of the lands within draft Plan of Subdivision 18T-95037 and Municipality will consent to the approval of the provisions of the Municipality's proposed Official Plan as they apply to those lands provided that they are modified as set out in Schedule 5 hereto. The owner will request the Minister of Municipal Affairs and Housing to refer its - Page 18 - request to the Region to initiate an amendment to the Regional Official Plan under Application # to the Ontario Municipal Board. The owner and the Municipality will consent to the approval by the Board of the amendments to the Regional Official Plan which are referred to the Board subject to the modifications set out in Schedule 6 hereto. For a nominal consideration the owner shall grant the Municipality the option to purchase .the community park site shown on the plan contained in Schedule 7 at any time from the date on which the provisions of the proposed Official Plan and the provisions of the proposed amendments to the Region's Official Plan modified as contemplated by the paragraph come into force for 15 years. The purchase price shall be the market value of the community park site at the date of the exercise of the option to purchase determined by the owner and the Municipality by agreement or failing agreement, by arbitration. The option to purchase shall be in the form and have the content of the option to purchase contained in Schedule 8 hereto. 9. Fire Station Site For a nominal consideration 289143 Ontario Limited as well will grant to the Municipality an option to purchase the lands more particularly described in Schedule 9 hereto for the purpose of constructing thereon a fire station. The option may be exercised by the Municipality at any time until the expiry of the 5 year period commencing with the date of registration of the first phase of the final Plan of Subdivision implementing any of draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026. The purchase price shall be the market value of the land at the date of the exercise of the option to purchase determined by 289143 Ontario Limited and the Municipality by agreement or failing agreement, by arbitration. The option to purchase shall be in the form and have the content of the option to purchase contained in Schedule 10 hereto. 10. Implementation (a) Actions to be Recommended to Municipality's Council Staff intend to recommend that, conditional on the owners preparing (1) final copies of the Phasing Plan and Phasing Document acceptable to Staff, and (2) final copies of the Financial Impact Study prepared by C.N. Watson and Associates Ltd. in sufficient time to allow - Page 19 - members of the public not less than 7 clear days in which to examine them and this Memorandum before the date of the Special Meeting of Council to consider them, the Municipality's Council hold a special meeting to consider an agreement to implement the Principles contained in this Memorandum as soon as is convenient. At the Special Meeting, Council will be requested to: (i) Vary its request for referrals to the Ontario Municipal Board in accordance with Schedule 11 hereto, and to approve the following other actions: (ii) Request the Ontario Municipal Board to order the amendment of the former Town of Newcastle Official Plan by adding a Secondary Plan substantially with the content of the Secondary Plan contained in Schedule 4; (iii) Request the Ontario Municipal Board to become seized of the issues of the proper classification of Townline Road South, South of New Bloor Street, Glenabbey Drive and Prestonvale Road north of New Bloor Street which are shown on the Secondary Plan contained in Schedule 4 hereto and to defer consideration of these classifications until the amendments to the Regional Official Plan respecting the classifications of these public highways which the Municipality has requested the Regional Council to initiate pursuant to Section 17 of the Planning Act either are initiated and approved by the Minister of Municipal Affairs and Housing, or are brought to the Board by reference or appeal to the Board, pursuant to the Planning Act. The intention of the parties hereto is that all persons interested in the issue of the proposed classifications of the aforesaid public highways whether on respect of the Secondary Plan or the proposed amendments to the Regional Official Plan will be heard by the Board contemporaneously. The parties will cooperate to implement their intention in this regard; (iv) Request the Ontario Municipal Board to approve revised draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 when settled to the satisfaction of the Municipality's Director of Planning and Development subject to the conditions to be - Page 20 - contained in Schedule 3 hereto when they have been settled to the satisfaction of the parties; (v) Request the Ontario Municipal Board to enact an amendment to the Municipality's Zoning By-law (By-law No. 84-63, as amended) substantially with the content of the draft By-law contained in Schedule 12 hereto; and (vi) Authorize the giving of notice of a public meeting to consider a proposed amendment to the Municipality's Development Charge By-law as contemplated by paragraph 5(f) of this Memorandum. (b) [Note: Provisions dealing with lands on the east side of Prestonvale Road and the south side of Regional Road No.22 to be settled and included here.] 11 . Actions by Owners The owners of the lands within draft Plans of Subdivision 18T-89037, 18T- 95023 and 18T-95026 and draft Plan of Subdivision 18T-95037 will support all by-law and actions by the Municipality's Council which are referred to in this Memorandum. Further, the owners will support the disposition of all of their references and appeals which are before the Ontario Municipal Board that is consistent with the actions of the Municipality's Council referred to in paragraph 10. 12. Owners Not To Object to Proposed Official Plan, etc. Subject to the actions referred to in paragraph 10 being approved and undertaken by the Municipality, the owners of the lands within Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 will not object to the approval of the road classifications shown on the Secondary Plan contained in Schedule 6, and to the approval of the provisions of the Municipality's proposed Official Plan insofar as the proposed Official Plan applies to the lands within draft Plans of Subdivision 18T-89037, 18T-95023 and 187- 95026 subject to the modifications to it, if any, which may be required by the Region. The aforesaid owners also will not object either to the amendments to the Region's Official Plan which are referred to in paragraph - Page 21 - 9 of the Affidavit of David John Crome affirmed on April 15, 1996, or to the rescission of the proposed Secondary Plan and the amendment of the Municipality's proposed Official Plan, when it is approved, to incorporate in the proposed Official Plan only those provisions of the proposed Secondary Plan the substance of which is not contained in the proposed Official Plan as approved pursuant to the Planning Act, provided that there is no impact on the approved draft Plans of Subdivision and zoning necessary to implement this Memorandum and the Secondary Plan. 13. Authoritj of Munici a�liity The owners of the lands within the Plans of Subdivision acknowledge and agree that the Municipality has authority (1) to enter into an agreement to implement, (2) to enact by-laws, (3) to give credits against the development charge otherwise payable by the owners under the Municipality's Development Charge By-law, and (4) to undertake the other actions provided in this Memorandum, including but not restricted to the actions contemplated by paragraph 5 hereof. 14. Time to be of Essence Time shall be of the essence of these Principles. 15. Binding Effect These principles shall enure to the benefit of and be binding on the parties and their respective successors and assigns. 16. Cooperation The parties will continue to cooperate with each other and act in good faith to give effect to the intent of this Memorandum and in settling the matters that remain to be settled. NOTE: The contents of the Schedules to this Memorandum remain to be settled by the parties. - Page 22 - Initialled in counterparts this 11 th day of July, 1996. for the Region of Durham 'Al or the M u nic a ity o larington for Newcastle III Limited Partnership and Stolp Homes (Newcastle) Developers Inc. or Ontario Limited X�?' f 0 Ontario Limited SCHEDULES TO PRINCIPLES OF UNDERSTANDING No. Description Page 1 Phasing Plan 2 2 Phasing Document 2 3 Conditions of Draft Approval 16 4 Secondary Plan 17 5 Modifications to Municipality's Proposed 18 Official Plan respecting Community Park Site, etc. 6 Modifications to Regional Official Plan 18 respecting Community Park, etc. 7 Description of Community Park Site 18 8 Option to Purchase Community Park Site 18 9 Description of Fire Station Site 18 10 Option to Purchase Fire Station Site 18 11 Amendments to Municipality's Referral Requests 19 respecting its proposed Official Plan 12 Proposed Zoning By-law 20