HomeMy WebLinkAbout97-272 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 97- 272
being a By-law to authorize the entering into of a Subdivision
Agreement with Robinson Ridge Development Inc.
WHEREAS at its Special Meeting on July 29, 1996, Council of the Municipality of
Clarington adopted the recommendation contained in Report#PD-114-96,that in the event
of the Ontario Municipal Board ordered Draft Plan of Subdivision 18T-89037 approved
subject to certain conditions including the making of a Subdivision Agreement between the
Municipality and Newcastle III Limited Partnership and Stolp Homes (Newcastle)
Development Inc. be authorized, and Council enacted By-law No. 96-145 accordingly;
WHEREAS by Order dated September 16, 1996, the Ontario Municipal Board approved
draft Plan of Subdivision 18T-89037 subject to the aforesaid conditions;
WHEREAS Robinson Ridge Development Inc. is the successor of Newcastle III Limited
Partnership and Stolp Homes (Newcastle Development Inc., and is the owner of the Lands
to which draft Plan of Subdivision 18T-89037 applies;
NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington
hereby enacts as follows:
1. THAT By-law No. 96-145 is repealed.
2. 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 with Robinson Ridge Development Inc. and others who may be
interested in the Lands, under subsection 51(26) of the Planning Act, R.S.O. 1990,
c.P.13 to implement the conditions of approval of draft Plan of Subdivision 18T-
89037 which were imposed by the Ontario Municipal Board by its Order dated
September 16, 1996.
BY-LAW read a first time this 15th day of December 1997.
BY-LAW read a second time this 15th day of December 1997.
BY-LAW read a third time and finally passed this 15th day of December 1997.
MAYOR
CLERK
y
March 23, 1998.
THIS AGREEMENT made in quintuplicate as of this 977/day of -;:Ji)4)E- 1999.
BETWEEN:
TIIE CORPORA'T'ION Or
THE MUNICIPALITY' OF CLARINGTON
- and -
ROBINSON RIDGE DEVELOPMENTS INC.
- and -
LAURENTIAN BANTA OF CANADA
M.R.S. TRUST COMPANY
BANK OF MONTREAL
COVE MANAGEMENT (NEWCASTLE) CORPORATTON
FLINTLOCK HOLDINGS LIMITED
SUBDIVISION AGREEMENT
TABLE OF CONTENTS
ARTICLE 1 - INTERPRETATION AND SCHEDULES . . . . . . . . . . . . . . . . . . 3
1.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.2 Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ARTICLE 2 - GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2.1 Recitals in Operative Part of Agreement . . . . . . . . . . . . . . . . . . . . . 10
2.2 Certification of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2.3 Copy of Disk, Plan and Agreements Required . . . . . . . . . . . . . . . . . 11
2.4 Transfer of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2.5 Transfer of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2.6 Registration of Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2.7 Lands for School Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2.8 Charge on Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2.9 Registration of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2.10 Renegotiation and Amendment of Agreement . . . . . . . . . . . . . . . . . 15
2.11 Municipality to Act Promptly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2.12 Assignment of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2.13 Replacement of Draft Plan with Final Plan(s) . . . . . . . . . . . . . . . . . . 17
2.14 Notification of Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2.15 Postponement of Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2.16 Successors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
ARTICLE 3 - FINANCIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3.1 Payment of Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3.2 Payment of Local Improvement Charges . . . . . . . . . . . . . . . . . . . . . . 19
3.3 Payment of Drainage Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3.4 Payment of Development Charges . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3.5 Not Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3.6 Performance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3.7 Use of Performance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
3.8 Indemnification of Municipality . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
3.9 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3.10 Maintenance Guarantee Required . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3.11 Use of Maintenance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3.12 Reduction and Release of Performance Guarantee . . . . . . . . . . . . . . 24
3.13 Reduction and Release of Maintenance Guarantee . . . . . . . . . . . . . . 25
3.14 Payment of Municipality's Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
11
3.15 Unpaid Monies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3.16 Occupancy Permit Deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
ARTICLE 4 - PLANNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
4.1 Tree Preservation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
4.2 Landscaping Plan and Landscaping Requirements . . . . . . . . . . . . . . . 29
4.3 Phasing of Development and Use of Lands . . . . . . . . . . . . . . . . . . . . 31
4.4 Lands Unsuitable for Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
4.5 Lands Requiring Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
4.6 Requirements for Building Permits . . . . . . . . . . . . . . . . . . . . . . . . . 33
4.7 Model Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
4.8 Architectural Control Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
4.9 Requirements for Sale of Lands . . . . . . . . . . . . . . . . : . . . . . . . . . . . 38
4.10 Requirements for Occupancy Permit . . . . . . . . . . . . . . . . . . . . . . . . 39
4.11 Not Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
4.12 Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
ARTICLE 5 - PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
5.1 Municipality Works Required . . . . . . . . . . 47
5.2 Utilities and Services Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
5.3 Owner's Engineer . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . 48
5.4 Design of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
5.5 Engineering Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
5.6 Approval of Grading and Drainage Plan . . . . . . . . . . . . . . . . . . . . . . 51
5.7 Staging of Construction of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
5.8 Approval of Schedule of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
5.9 Approval of Works Cost Estimates and Stage Cost Estimates . . . . . . . 52
5.10 Requirements for Authorization to Commence Works . . . . . . . . . . . . 52
5.11 Requirements for Commencement of Subsequent Stages of Works . . . 56
5.12 Inspection and Stop Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
5.13 Construction in Accordance with Engineering Drawings . . . . . . . . . . . 56
5.14 Sequence of Construction of Works . . . . . . . . . . . . . . . . . . . . . . . . . 57
5.15 Completion Time for Construction of Works . . . . . . . . . . . . . . . . . . . 57
5.16 Additional Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
5.17 Incomplete or Faulty Works and Liens . . . . . . . . . . . . . . . . . . . . . . . 57
5.18 Acknowledgement Respecting Emergency etc. Repairs . . . . . . . . . . . 60
5.19 Damage to Existing Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
5.20 Not Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
5.21 Use of Works by Municipality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
5.22 Maintenance of Roads after Completion . . . . . . . . . . . . . . . . . . . . . . 61
111
5.23 Requirements for Certificate of Completion . . . . . . . . . . . . . . . . . . . 62
5.24 Requirements for Certificate of Acceptance . . . . . . . . . . . . . . . . . . . 62
5.25 Ownership of Works by Municipality . . . . . . . . . . . . . . . . . . . . . . 62
5.26 Requirements for Certificate of Release . . . . . . . . . . . . . . . . . . . . . . 63
5.27 External and/or Oversized Works . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
5.28 Requirements for Neighbourhood Park, and Parkette "A" . . . . . . . . . 64
5.29 Reconstruction of Regional Road 22 Works . . . . . . . . . . . . . . . . . . . 70
5.30 Cost of Works Neighbourhood Park Works, Parkette"A"Works and Parkette
"A" Furnishings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
ARTICLE 6 - COMPLIANCE WITH REGULATIONS . . . . . . . . . . . . . . . . . . 72
ARTICLE 7 - RESPONSIBILITY OF SUBSEQUENT OWNERS . . . . . . . . . 72
ARTICLE 8 - TIME OF ESSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT . . . . . . . . . . . . . . 72
SCHEDULES TO AGREEMENT
Schedule "A" - "Legal Description of the Lands"
Schedule "B" - "Plan of Subdivision (reduction)"
Schedule "C" - "Charges Against the Lands"
Schedule "D" - "Schedule of Payment of Development Charges"
Schedule "E" - "Transfer of Easements"
Schedule "F" - "Lands to be Transferred to Municipality and/or Cash to be
Paid in Lieu Thereof'
Schedule "G" - "Works and Park Development Required"
Schedule "H" - "Utilities and Services Required"
Schedule "I" - "Duties of Owner's Engineer"
Schedule "J" - "Works and Park Development Cost Estimates"
Schedule "K" - "Insurance Required"
Schedule "L" - "Regulations for Construction"
Schedule "M" - "Use of the Lands"
Schedule "N" - "Land Unsuitable for Building"
Schedule "O" - "Land Requiring Site Plan Approval"
Schedule "P" - Not Used
Schedule "Q" - "Conservation Authority's Work"
Schedule "R" - "Engineering and Inspection Fees"
Schedule "S" - "Ontario Municipal Board's Conditions of Approval"
I
l
iv
Schedule "T" - "Tree Preservation Plan"
Schedule "U" - "Landscaping Plan" (reduction)
Schedule W" - "Requirements of Other Agencies"
Schedule "W" - "Architectural Control Standards"
Schedule "X" - "Phasing Plan"
Schedule "Y" - 'Phasing and Staging Principles"
Schedule "Z" - "Three Party Agreement"
`THIS AGREEMENT made in quintuplicate as of this day of , 1998.
BETWEEN:
THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
(hereinafter called the "Municipality")
OF THE FIRST PART
- and -
ROBINSON RIDGE DEVELOPMENTS INC.
(hereinafter called the "Owner")
OF THE SECOND PART
- and -
LAURENTIAN BANK OF CANADA
(hereinafter called the "Mortgagee")
OF THE THIRD PART
FLINTLOCK HOLDINGS LIMITED
(hereinafter called the "Mortgagee")
OF THE FOURTH PART
M.R.S. TRUST COMPANY
(hereinafter called the "Mortgagee")
OF THE FIFTH PART
BANK OF MONTREAL
(hereinafter called the "Mortgagee")
OF THE SIXTH PART
COVE MANAGEMENT (NEWCASTLE) CORPORATION
(hereinafter called the "Mortgagee")
OF THE SEVENTH PART
Subdivision Agreement Page 1
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
mortgagees or chargees of the Lands;
D. At the request of the Owner, the Region referred draft Plan of Subdivision
18T-89037 to the Ontario Municipal Board. By its Order dated September 16, 1996 entered
on October 4, 1996 in Board O.B. 96-4 on Folio #339, the Board approved draft Plan of
Subdivision 18T-89037, subject to satisfaction of certain conditions. This Agreement is
made in satisfaction of one of such conditions. A Subdivision Agreement also was required
to be made by the Owner with the Region by one of such conditions;
E. The Owner has applied to the Region for approval of a final Plan of
Subdivision of the Lands;
F. The Owner represents and warrants that it has or will enter into an
Agreement with Ontario Hydro 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 a Subdivision
Agreement with the Region to satisfy its requirements, financial and otherwise in order to
satisfy a condition of approval by the Ontario Municipal Board of draft Plan of Subdivision
18T-89037;
H. This Agreement is made pursuant to the provisions of Subsection 51(6) of
the Planning Act and is authorized by By-law 97-272 passed on December 15, 1997
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 Party is hereby
acknowledged), the Parties hereto covenant and agree to and with each other as follows:
Subdivision Agreement Page 2
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.
(e) "Building Code Act"means the Building Code Act, S.O. 1992 c.23, as it may
be amended or replaced from time to time.
(f) "Building Permit Issuance Day"has the meaning assigned to it in paragraph
4.11(1)(b) of this Agreement.
(g) "Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24
of this Agreement.
(h) "Certificate of Completion" has the meaning assigned to it in paragraph
5.23 of this Agreement.
(i) "Certificate of Release" has the meaning assigned to in it paragraph 5.26 of
this Agreement.
(j) "Commissioner" means the Commissioner of Planning of the Regional
Municipality of Durham.
Subdivision Agreement Page 3
(k) "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.
(1) "Cost Sharing Report" means the "Cost Sharing Report" referred to in
Schedule "G" of this Agreement.
(m) "Council" means the Council of The Corporation of the Municipality of
Clarington.
(n) "Damaged Services"has the meaning assigned to it in paragraph 5.19 of this
Agreement.
(o) "Development Charge" has the same meaning as is assigned to the term in
the Development Charges Act.
(p) "Development Charge By-law" means the Municipality's By-law No. 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.
(q) "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.
(r) "Development Phasing Document" means the "Development Phasing
Document South-West Courtice Project Area," prepared for the South-
West Courtice Landowners Group by G.M. Sernas&Associates Ltd.,dated
July, 1996, as finally approved by and on file with the Director of Public
Works.
(s) 'Director" means the Director of Public Works of the Municipality of
Clarington or his designated representative.
(t) 'Director of Planning" means the Director of Planning and Development
of the Municipality of Clarington or his designated representative.
(u) "Drainage Act" means the Drainage Act, R.S.O. 1990 c. D. 17 as it may be
amended or replaced from time to time.
Subdivision Agreement Page 4
(v) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of
this Agreement.
(w) "Final Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(x) "First Application" has the meaning assigned to it in Schedule "D of this
Agreement.
(y) "First Excess Payment" has the meaning assigned to it in Schedule "D" of
this Agreement.
(z) "Force Majeure" means any delay by reason of: strikes; lockouts; wars or
acts of military authority; rebellion or civil commotion; fire or explosion;
flood,wind,water, earthquake or other casualty; or an Act of God; and not
caused by the default or act or omission by the Owner and not avoidable
by the exercise of reasonable effort or foresight by the Owner including any
act of or omission by the Owner.
(aa) "Grading and Drainage Plan" has the meaning assigned to it in paragraph
5.6 of this Agreement.
(bb) "Initial Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(cc) "Interim Stormwater Quantity and Quality Pond Works" has the meaning
assigned to it in Schedule "G" of this Agreement.
(dd) "Land Registry Office" has the meaning assigned to it in Schedule "A" of
this Agreement.
(ee) "Lands" has the meaning assigned to it in Recital A of this Agreement.
(ff) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of
this Agreement.
(gg) "Maintenance Guarantee" has the meaning assigned to it in paragraph
3.10(1) of this Agreement.
Subdivision Agreement Page 5
(hh) "Master Drainage Plan" has the meaning assigned to it in Schedule "G" of
this Agreement.
(ii) "Minister" means the Minister of Municipal Affairs, Ontario.
0j) "Municipality" means The Corporation of the Municipality of Clarington
or any official, designated by Council to administer the terms of this
Agreement.
(kk) "Neighbourhood Park" has the meaning assigned to it in paragraph 5.28 (1)
of this Agreement.
(11) "Neighbourhood Park Works" has the meaning assigned to it in Schedule
"G" of this Agreement.
(mm) "Noise Impact Study" has the meaning assigned to it in paragraph 4.12(9)
of this Agreement.
(nn) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1) of
this Agreement.
(oo) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph
3.16(1) of this Agreement.
(pp) "Occupancy Permit Scale" has the meaning assigned to it in paragraph
3.16(2) of this Agreement.
(qq) "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.
(rr) "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.
(ss) "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
Subdivision Agreement Page 6
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.
(tt) "Parkette A" has the meaning assigned to it in paragraph 5.28 (1) of this
Agreement and where used elsewhere in this Agreement means the
combination of the "Parkette A Works" and the "Parkette A Furnishings".
(uu) "Parkette A Furnishings" has the meaning assigned to it in Schedule "G"
of this Agreement.
(vv) "Parkette A Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(WW) "Parkland Development" means the cost of designing, constructing and
installing the Neighbourhood Park, Parkette "A" and Parkette"B" as
provided in paragraph 5.28 of this Agreement.
(xx) "Park Letter of Credit" has the meaning assigned to it in paragraph 5.28 (7)
of this Agreement.
(yy) "Park Site Master Plan" has the meaning assigned to it in paragraph 5.28
(1) of this Agreement.
(zz) "Parks Maintenance Guarantee Security" has the meaning assigned to it in
paragraph 5.28 (7) of this Agreement.
(aaa) "Parks Performance Guarantee" has the meaning assigned to it in
paragraph 5.28 (7) of this Agreement.
(bbb) "Parks Performance Guarantee Security" has the meaning assigned to it in
paragraph 4.11(7) of this Agreement.
(ccc) "Phasing Plan" means Plates 1 and 2 of the Development Phasing
Document, a copy of which Plates 1 and 2 are contained in Schedule "X"
hereto;
(ddd) "Phasing and Staging Principles"means the Phasing and Staging Principles
contained in Schedule "Y" of this Agreement.
Subdivision Agreement Page 7
(eee) "Phase 1 of the Development of the Lands" means the portion of the Lands
identified as "1B" on the Phasing Plan.
(M) "Phase 2 of the Development of the Lands" means the portion of the Lands
identified as "23" on the Phasing Plan.
(ggg) "Phase 3 of the Development of the Lands" means the portion of the Lands
identified as "3B" on the Phasing Plan.
(hhh) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6
of this Agreement.
(iii) "Permanent Stormwater Quantity and Quality Works" has the meaning
assigned to it in Schedule "G" of this Agreement.
(jjj) "40M Plan" and "40M Plans" have the meaning assigned to them in
paragraph 2.3(2) of this Agreement.
(kkk) "Planning Act" means the Planning Act R.S.O. 1990 c. P. 13 as it may be
amended or replaced from time to time.
(111) "Reapproved Engineering Drawings" has the meaning assigned to it in
paragraph 5.5 of this Agreement.
(mmm) "Reapproved Grading and Drainage Plan" has the meaning assigned to it
in paragraph 5.6 of this Agreement.
(nnn) "Reconstruction of Regional Road 22 Works" has the meaning assigned to
it in Schedule "G" of this Agreement.
(000) "Region"means The Corporation of the Regional Municipality of Durham.
(ppp) "Related Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(qqq) "Road System" has the meaning assigned to it in Schedule "G" of this
Agreement.
Subdivision Agreement Page 8
(rrr) "Second Excess Payment" has the meaning assigned to it in Schedule "D"
of this Agreement.
(sss) "Schedule of Works"has the meaning assigned to it in paragraph 5.8 of this
Agreement.
(ttt) "School Board"means the Northumberland-Clarington Board of Education
and/or the Peterborough,Victoria,Northumberland and Clarington Roman
Catholic Separate School Board as the context requires.
(uuu) "Security for the Maintenance Guarantee" has the meaning assigned to it
in paragraph 3.10(1) of this Agreement.
(vvv) "Solicitor" means the solicitor for the Municipality.
(www) "Southerly Part of Plan 18T-95026" means the lands bounded by Bloor
Street East, proposed Street "B" and Bloor Street Realignment shown on
draft Plan of Subdivision 18T-95026.
(xxx) "Stage Cost Estimates" has the meaning assigned to it in paragraph 5.9 of
this Agreement.
(yyy) "Staging Plan" means the staging plan for the Lands approved by the
Director of Public Works pursuant to paragraph 5.11 of this Agreement.
(zzz) "Stormwater Management System" has the meaning assigned to it in
Schedule "G" of this Agreement.
(aaaa) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of
this Agreement.
(bbbb) "Street Lighting System" has the meaning assigned to it in Schedule "G" of
this Agreement.
(cccc) "Temporary Occupancy Permit" has the meaning assigned to it paragraph
4.10(2) of this Agreement.
(dddd) "Third Excess Payment" has the meaning assigned to it in Schedule "D" of
this Agreement.
Subdivision Agreement Page 9
(eeee) "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.
(ffff) "Treasurer" means the Treasurer of the Municipality or his designated
representative.
(gggg) "Tree Preservation Plan"has the meaning assigned to it in paragraph 4.1(1)
of this Agreement.
(hhhh) "Utilities and Services" means the utilities and services referred to in
Schedule "H" of this Agreement.
(iiii) "Working Drawings and Specifications" has the meaning assigned to it in
paragraph 4.11(2) of this Agreement.
(jjjj) "Works" has the meaning assigned to it in paragraph 5.1 of this Agreement.
(kkkk) "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.
(1111) "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
of or by the Party or Parties referred to therein:
Subdivision Agreement Page 10
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 "11" - "Utilities and Services Required"
Schedule "I" - "Duties of Owner's Engineer"
Schedule "Y - "Works Cost Estimates"
Schedule "K" - "Insurance Required"
Schedule "L" - "Regulations for Construction"
Schedule "M" - "Use of the Lands"
Schedule "N" - "Land Unsuitable for Building"
Schedule "O" - "Land Requiring Site Plan Approval"
Schedule "P" - Not Used
Schedule "Q" - "Conservation Authority's Work"
Schedule "R" - "Engineering and Inspection Fees"
Schedule "S" - "Ontario Municipal Board's Conditions of Approval"
Schedule "T" - "Tree Preservation Plan"
Schedule "U" - "Landscaping Plan" (reduction)
Schedule "V" - "Requirements of Other Agencies"
Schedule "W" - "Architectural Control Standards"
Schedule "X" - "Phasing Plan"
Schedule "Y" - "Phasing and Staging Principles"
Schedule "Z" - "Three Party Agreement"
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
Subdivision Agreement Page 11
as to the title to 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 Disk, Plan and Agreements Re uired
(1) The Owner shall deliver to the Director of Planning on disk in a CAD format
acceptable to the Municipality, a copy of draft Plan of Subdivision 18T-89037.
(2) Subject to paragraph 2.3(3) on the execution of this Agreement, the Owner shall
provide the Municipality with as many copies as the Municipality requires of the
approved Plan of Subdivision of Phase 1 of the Development of the Lands as
approved by the Region or its delegate. Thereafter, forthwith after each approval
by the Region or its delegate, the Owner shall provide the Municipality with as many
copies as the Municipality requires of the approved Plan of Subdivision of Phase 2
of the Development of the Lands and the approved Plan of Subdivision of Phase 3
of the Development of the Lands, respectively. The Director of Planning is hereby
authorized to place copies of the draft final Plans of Subdivision of Phase 1 of the
Development of the Lands, Phase 2 of the Development of the Lands and Phase 3
of the Development of the Lands as proposed by the Owner in Schedule "B"
attached hereto when they are made available to the Municipality by the Owner.
(The approved final Plans of Subdivision are referred to individually or collectively
depending on the context as the "40M Plan" or the "40M Plans", as the case may be.)
(3) The Owner shall also furnish to the Municipality at the time of the execution of this
Agreement, one (1) copy of the approved Plan of Subdivision of Phase 1 of the
Development of the Lands which has marked on it the stamp of approval of the
Region or its delegate, 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 this 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
Subdivision Agreement Page 12
approval of the Region or its delegate 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 Ontario Hydro 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 the lands to which they apply. Such transfers
shall be free and clear of all encumbrances and restrictions, shall be made for a
nominal consideration, shall contain provisions satisfactory to the Municipality's
Solicitor, and shall be in registerable form. Prior to the registration of a Plan of
Subdivision for Lands within any one or more portions of Phase 1 of the
Development of the Lands, Phase 2 of the Development of the Lands and Phase 3
of the Development of the Lands, the Director, on behalf of the parties may amend
Schedule "E" of this Agreement and require additional easements to be transferred
to the Municipality in accordance with this Agreement.
(2) If, subsequent to the date of registration of any Plan of Subdivision for any portion
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,
Ontario Hydro, or other appropriate authority or company, for Municipality
purposes, for Region purposes, for Utilities and Services, or for drainage purposes,
as the case may be, the Owner agrees to transfer to the Municipality, the Region,
Ontario Hydro, 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
Subdivision Agreement Page 13
easement(s), if its creation would prevent the erection of a dwelling on any part of
a lot(s) or block(s) shown on a 40M Plan. If further easements are requested to be
transferred to the Municipality, the Region, Ontario Hydro, 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 of 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. Prior to the
registration of a Plan of Subdivision for Lands within any one or more portions of Phase
1 of the Development of the Lands, Phase 2 of the Development of the Lands and Phase 3
of the Development of the Lands, the Director on behalf of the parties may amend Schedule
"F" of this Agreement and require additional lands to be transferred to the Municipality
in accordance with this Agreement.
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 delivered to the Municipality. They shall be registered at the
Owner's expense,when registration is considered to be appropriate by the Director. If such
transfers are of or in respect of lots or blocks which are to be defined on the Plan of
Subdivision of Phase 1 of the Development of the Lands, the Plan of Subdivision of Phase
2 of the Development of the Lands or the Plan of Subdivision of Phase 3 of the
Development of the Lands when the Plan in question is registered against title to the land
to which it applies, the registration number of the Plan shall be left blank. The Owner
hereby authorizes the Municipality to insert such Plan number after registration of the Plan.
If such transfers are of or in respect of proposed lots or blocks proposed by the Owner to
be shown on the Plan of Subdivision for Phase 2 of the Development of the Lands or the
Plan of Subdivision for Phase 3 of the Development of the Lands, the lands in respect of
which the transfers apply shall also be identified on a plan of survey of record which the
Subdivision Agreement Page 14
Owner shall prepare and register against title at the Owner's expense prior to the execution
of this Agreement.
2.7 Lands for School Purposes
(1) The Owner hereby agrees to reserve Block 316 on draft Plan of Subdivision 18T-
89037 for a period of six (6) years commencing from the date of registration of the
Phase of the Subdivision within which Block 316 is located. The confirmation of
such Plan shall generally be in accordance with the configuration of Phase III as
contained in the Development Phasing Planning Document prepared for the
Southwest Courtice Land Owner's Group by G.M. Sernas and Associates in July of
1996 in connection with the approval of Draft Plan 18T-89037.
(2) On or prior to the execution of this Agreement, the Owner shall deposit with the
Municipality, a letter from the Northumberland-Clarington Board of Education that
the Owner and the Board have entered into an Option Agreement respecting the
Board's purchase of Block 317 on draft Plan of Subdivision 18T-89037.
(3) In the event that a School Board which has an option to acquire a block 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 block 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 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 forty-five (45) 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 block 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
Subdivision Agreement Page 15
against the title to the Lands. The Owner will not register, permit or suffer any person to
register any instrument after the registration of a final Plan of Subdivision against the title
to Phase 1 of the Development of the Lands, Phase 2 of the Development of the Lands, or
Phase 3 of the Development of the Lands, as the case may be, unless this Agreement and
any transfers or other documents required to be furnished hereunder have first been
registered against the title to the Lands. Without derogating from the foregoing, the Owner
also consents to the registration of 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 a Caution(s).
2.10 Renegotiation and Amendment of Agreement
(1) Following the occurrence of any of the events set out below in this paragraph 2.10
(the "Renegotiation Events"), the Municipality may give written notice to the Owner
requiring that particular provisions of this Agreement specified in the notice shall be
renegotiated and, if necessary amended by the Parties. No later than the expiry of
the ten (10) day period following the date on which such notice is given, the Owner
will cease and will require all persons with whom it has a contractual relationship to
cease constructing and installing the Works referred to in such written notice until
the specified provisions of this Agreement have been renegotiated and any necessary
amendment(s) made to this Agreement. The Renegotiation Events are the
following:
(i) the Region, the Minister, or the Ontario Municipal Board approves a final
Plan of Subdivision for Phase 1 of the Development of the Lands, a final Plan
of Subdivision for Phase 2 of the Development of the Lands, or a final Plan
of Subdivision for Phase 3 of the Development of the Lands, as the case may
be, the said Lands or a portion(s) thereof which the Municipality considers
to be substantially different from the draft 40M Plan for the particular phase
of the Development of the Lands in question which was submitted by the
Owner to the Municipality;
(ii) a final Plan of Subdivision for Phase 1 of the Development of the Lands is
not approved by the Region and registered against the title to Phase 1 of the
Development of the Lands within eighteen (18) months after the date as of
which this Agreement is made;
(iii) 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 Page 16
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
Phase 1 of the Development of the Lands, the final Plan of Subdivision for
Phase 2 of the Development of the Lands, or the final Plan of Subdivision for
Phase 3 of the Development of the Lands, as the case may be, against the
title to the portion of the Lands in question;
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 not been completed or has not resulted in agreement by the Parties
prior to the expiry of the twenty (20) day period following the date on which the
notice requiring the renegotiation is given as aforesaid, at any time thereafter the
Municipality may give the Owner written notice declaring this Agreement to be
terminated whereupon it shall terminate.
(2) On the termination of this Agreement by the Municipality declaring it to be
terminated in accordance with paragraph 2.10(1), none of the Parties hereto may
make any claim against the Municipality for damages for any loss or cost or make
any claim against the Municipality for compensation in respect of any of the Works,
whether located in whole or in part on land in which the Municipality has an
interest. Notwithstanding the foregoing, the Owner and the Municipality expressly
agree that the covenants and agreements contained in paragraphs 3.8, 3.14, 5.17,
5.19, 5.20 and 5.21 and Article 7 of this Agreement will survive the termination of
this Agreement pursuant to paragraph 2.10(1), and paragraphs 3.8, 3.14, 5.17, 5.19,
5.20 and 5.21 and Article 7 of this Agreement shall continue to bind the Owner and
may be enforced by the Municipality in the same manner and to the same extent as
if 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
Subdivision Agreement Page 17
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
the Director or the Director of Planning is required to take action pursuant to this
Agreement, or is required to make a decision or render an opinion, or to give confirmation
or to give authorization, permission or approval, then such action, decision, confirmation,
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 or any portion(s) thereof
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-89037 has been approved by
the Ontario Municipal Board. 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-89037 approved pursuant to
the Planning Act being registered against the title to any one (1) or more portions
of the Lands, the registered final Plan of Subdivision shall be deemed to be
substituted in respect of the portion(s) of the Lands to which it applies, for the
corresponding portion of the red-lined draft Plan of Subdivision 18T-89037 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, Schedules "B", "E",
„ „ „ „ "N”, „ „ „ „
O„, P and "Q”, in order to replace the descriptions and references
to the red-lined draft Plan of Subdivision 18T-89037 with descriptions and references
to and that are consistent with such registered final Plans of Subdivision.
Subdivision Agreement Page 18
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 transmitted by telefax, mailed by first class prepaid post or delivered to:
The Owner: Robinson Ridge Developments Inc.
60 Centurian Drive
Suite 219
Markham, Ontario (UR 8T6)
If by telecopier: (905) 479-3859
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 Page 19
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 falling 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 Page 20
(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 Not Used
3.6 Performance Guarantee
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 Schedule "I" 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) as well as the performance by the Owner of its
covenants under paragraphs 5.28. With respect to the Works,without limiting the generality
of the foregoing, in making his determination, the Director may have regard for 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, provided that
in determining the amount of the Performance Guarantee which the Owner is required to
deposit with the Municipality prior to receiving an Authorization to Commence Works
which includes the "Reconstruction of Regional Road 22 Works" and the Neighbourhood
Park (as hereinafter defined), the Owner agrees that the Director may permit the amount
of the Performance Guarantee required in respect of the Neighbourhood Park and the
Reconstruction of Regional Road 22 Works, to be provided from reductions in the
Performance Guarantee deposited with the Municipality for other works that would
otherwise be allowed the Owner pursuant to paragraph 3.12(1) of this Agreement. 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
Subdivision Agreement Page 21
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" of the Bank Act that is acceptable to the Municipality's Treasurer and
continuing terms satisfactory to the Municipality's Treasurer. (The cash deposit(s) or
letter(s) of credit which is (are) to be deposited by the Owner pursuant to this paragraph
3.6 and other provisions of this 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.
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 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
making any recommendation necessary for the Owner to achieve approval of a final
Plan of Subdivision for Phase 1 of the Development of the Lands, a final Plan of
Subdivision Agreement Page 22
Subdivision for Phase 2 of the Development of the Lands and/or a final Plan of
Subdivision for Phase 3 of the Development of the Lands and the registration of
such Plans against the title to the appropriate portion(s) of 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 required 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.
The Owner shall deposit or leave on deposit with the Municipality, cash or an
irrevocable and unconditional letter of credit issued by a bank listed in Schedule "I"
of the Bank Act acceptable to the Municipality's Treasurer and containing terms
satisfactory to the Municipality's Treasurer, as security for the Maintenance
Guarantee (the "Security for the Maintenance Guarantee").
(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
Subdivision Agreement Page 23
(c) "Street Lighting System" as hereafter defined): the date of expiry of the
period of two (2) years which commences on the date of issuance of the
Certificate of Completion of the Street Lighting System; and
(d) "Permanent Stormwater Quantity and Quality Pond Works" (as hereinafter
defined): the date of expiry of the period of two (2) years which commences
on the date of the issuance of the Certificate of Completion of the
Stormwater Management System provided that such Certificate of Completion
for the Stormwater Management System shall not be issued prior to the
issuance of the Certificate of Completion for the Final Works.
(e) "Interim Stormwater Quantity and Quality Pond Works" (as hereinafter
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 of
the "Interim Detention/Quality Pond" works, and (2) the date of issuance of
a Certificate of Completion for the "Permanent Detention/Quality Pond"
Works;
M "Reconstruction of Regional Road 22 Works" (as hereinafter 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 "Reconstruction of Regional
Road 22" Works;
(g) "Parkette A - Works" (as hereinafter 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"Parkette A Works"provided that in the case
of the Parkette "A" Works and the Parkette "A' Furnishings, only one
Certificate of Acceptance shall be issued on the later to expire of the
maintenance period for the Parkette "A" Works and the Parkette "A"
Furnishings, respectively;
(h) "Parkette A - Furnishings " Works (as hereinafter defined): the date of
expiry of the period of one (1) year which commences on the date of issuance
of the Certificate of Completion of the "Parkette A - Furnishings" provided
that in the case of the Parkette "A"Works and the Parkette "A" Furnishings,
only one Certificate of Acceptance shall be issued on the later to expire of the
maintenance period for the Parkette "A" Works and the Parkette "A"
Furnishings, respectively;
Subdivision Agreement Page 24
(i) "Neighbourhood Park Works" (as hereinafter 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 "Neighbourhood Park".
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 Estimate then in force plus any amount
determined by the Director but not to exceed twenty (20%) percent of such value
as a completion allowance payable to the Municipality, and (2) as the Maintenance
Guarantee fifteen (15%) percent of the value of the completed Works, facilities and
services, also determined by the Director after considering the material, if any,
submitted to the Director by the Owner's Engineer in support of an application for
reduction of the Performance Guarantee in respect of the Works that have been
completed by the Owner as well as the contract documents, sub-contracts and supply
contracts pertaining to the Works and the provisions of the Construction Lien Act.
Subdivision Agreement Page 25
(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 will not require the Municipality to release to the Owner the Security for
the Maintenance Guarantee until each of the following conditions is 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 Page 26
(d) 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 Parks Performance Guarantee Security, the
review of the Security for the Maintenance Guarantee and the Parks Performance
Guarantee Security 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 Page 27
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 a 40M Plan (the "Assuming Purchaser") shall deposit with the
Municipality an irrevocable and unconditional letter of credit issued by a bank listed
in Schedule "I" of the Bank Act acceptable to the Municipality's Treasurer, in the
amount of $40,000.00 dollars (the letter(s) of credit are referred to as the
"Occupancy Permit Deposit") to secure the performance of the Owner's covenant to
the Municipality under this Agreement that occupancy of any dwelling(s) on the
Lands will not take place before an "Occupancy Permit" (as defined in paragraph
4.10) is issued by the Director of Planning in respect of such dwelling(s) pursuant to
paragraph 4.10. The letter of credit(s) shall contain terms satisfactory to the
Municipality's Treasurer. In the event that occupancy of a dwelling or dwellings
occurs before the date of issuance of an Occupancy Permit contrary to the provisions
of paragraph 4.10, the Municipality may draw upon and appropriate from the
Occupancy Permit Deposit the amount necessary to permit the Municipality to
comply with the requirements of paragraph 4.10 on the Owner's and/or the Assuming
Purchaser's behalf and/or at the Owner's or the Assuming Purchaser's cost, as the
case may be. In the event that the Municipality so appropriates the whole or any
part of the Occupancy Permit Deposit,forthwith after it and/or they are given written
notice of the amount of the appropriation, the Owner and/or the Assuming
Purchaser shall restore the Occupancy Permit Deposit to the full amount of
$40,000.00 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 Page 28
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 of Planning 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 shall deposit with the Municipality, an Occupancy Permit Deposit in the
amount produced by applying the Municipality'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 3.16 (1) shall apply in respect of the Occupancy Permit Deposit for
each Phase Subsequent to Phase I of the Development of the Lands, with all
necessary changes thereto being considered to have been made to give 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 and the Director of Planning of
Subdivision Agreement Page 29
a plan for the preservation of trees on the said Lands (the "Tree Preservation Plan")
which shall show:
(a) the location and approximate size of all existing trees over 30.5 cm in
circumference at 1.5 m above the ground; and
(b) the location of all existing trees referred to in subparagraph (1) hereof
intended to be removed during the development of the said Lands.
(2) No work shall be done or caused or permitted to be done by the Owner to remove,
destroy or damage any tree shown on the Tree Preservation Plan. No existing tree
shall be removed until the Tree Preservation Plan has been approved by the Director
and the Director of Planning. 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, which are located
within Phase I of the Development of the Lands, or a Phase Subsequent to Phase
I of the Development of the Lands, the Owner shall obtain the written approval of
the Director and the Director of Planning 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 and the Director of Planning. The
landscape architect shall prepare a draft landscaping plan showing for Phase I of the
Development of the Lands, amongst other things required by each of the Director
and the Director of Planning, 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
Dr4wings 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.
Subdivision Agreement Page 30
(3) The Parties acknowledge that the Landscaping Plan contained in Schedule "U"
hereto is the Landscaping Plan for Phase I of the Development of the Lands for the
purposes of this Agreement.
(4) Prior to the date of issuance of any Authorization to Commence Works which are
located within a Phase Subsequent to Phase I of the Development of the Lands, the
Owner shall obtain the written approval of the Director of Planning and the Director
of Public Works to a draft Landscaping Plan for such subsequent Phase, and the
provisions of paragraph 4.1 (1) shall apply with all necessary changes thereto being
considered to have been made to give effect to the intent of this paragraph 4.2 (4).
(5) The Owner agrees at its cost to satisfy the following requirements:
(a) all lots in Urban Areas are to be sodded 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 walkways, 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.
(6) The Owner agrees, at its expense, to provide and install trees,vegetation and fencing
and to satisfy the other requirements of the Landscaping Plan for Phase I of the
Subdivision Agreement Page 31
Development of the Lands and the relevant Landscaping Plan for each Phase
Subsequent to Phase I of the Development of the Lands 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 Phasing of Development and Use of Lands
(1) The Owner hereby covenants that the development of the Lands will be undertaken
in conformity with the Phasing and Staging Principles contained in Schedule "Y"
attached hereto. Subject to the provisions of this paragraph 4.3(1), the Owner may
in its discretion prepare and submit to the responsible authority for approval, either
(1) single draft 40M Plan for Phase 1 of the Development of the Lands, Phase 2 of
the Development of the Lands and Phase 3 of the Development of the Lands,
respectively, or (2) more than one draft 40M Plan for lands within any one or more
of the aforesaid Phases of the Development of the Lands, provided that the Owner
shall not submit or cause or suffer any person to submit a draft 40M Plan for any
portion of Phase 2 of the Development of the Lands to the responsible authority for
approval until each condition precedent for the development of the lands within
Phase 1 of the Development of the Lands and the lands within Phase 2 of the
Development of the Lands set out in the Phasing and Staging Principles has been
satisfied, and provided further that the Owner shall not submit or cause or suffer any
person to submit a draft 40M Plan for any portion of Phase 3 of the Development
of the Lands to the responsible authority for approval until each condition precedent
for the development of the lands within each of the Phases of the Development of
the Lands set out in the Phasing and Staging Principles has been satisfied.
(2) Without derogating in any respect from the provisions of paragraph 4.3(1),
(a) , the Owner will not apply for or permit or suffer any person to apply for a
building permit for the construction of a dwelling unit on any land within
Phase 1 of the Development of the Lands until the construction and
Subdivision Agreement Page 32
installation of a stormwater detention pond on the lands within draft Plan of
Subdivision 18T-89037 to implement the"Master Drainage Plan"(as hereafter
defined) has been completed and a Certificate of Completion in respect
thereof has been issued by the Director:
(b) the Owner will not develop any portion of the lands within Phase 2 of-the
Development of the Lands until such time as either the Municipality's Council
has included the Works necessary for this Phase within its four year capital
works forecast,or the Municipality's Council has approved a budget allocating
funds necessary for each specific Work that involves the expenditure of the
Municipality's funds including but not limited to development charge
revenues; and
(c) the Owner will not develop lands within Phase 3 of the Development of the
Lands until Old Bloor Street and proposed east-west Street "F" Plan 18T-
95023 has been reconstructed as provided in the Phasing and Staging
Principles.
Further, the Owner will not seek an order of the Ontario Municipal Board or an
order of the Court that would have the effect of nullifying or amending in any way
the covenant contained in this paragraph 4.3(2).
(3) Subject to the provisions of paragraphs 4.3(1) and 4.3(2), 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 Comprehensive Zoning By-law
No. 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 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.
Subdivision Agreement Page 33
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 obtained Site Plan approval 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 Approval and all applicable laws.
4.6 Requirements for Building Permits
None of the execution of this Agreement by the Municipality, the approval of a 40M
Plan, or the issuance of any Certificate of Acceptance of Works, shall 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 one or more portions of the Lands, made until the following
requirements are satisfied:
(a) all conditions precedent to the approval of a 40M plan set out in this Agreement for
the portion of the Lands on which it is proposed to construct the building in
question, have been satisfied;
(b) all easements required to be transferred by this Agreement to the Municipality, the
Region or Ontario Hydro, 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;
(c) 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);
Subdivision Agreement Page 34
(d) all of the Works required to be constructed and installed under road(s) referred to
in paragraph 4.6(c) have been constructed and installed to the satisfaction of the
Director;
(e) 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
Ontario Hydro and/or the authority or company having jurisdiction over such
Utilities and Services. Alternatively, the Municipality has received written
confirmation from Ontario Hydro, 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;
(f) the Owner has provided the Director of Planning with a paper copy 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);
(g) the Development Charges required to be paid by the Owner to the Municipality
pursuant to paragraph 3.4 and Schedule "D" have been paid to the Municipality in
respect of the lot(s) or block(s) for which application is made for a building permit;
(h) 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;
(i) 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;
(j) if the application for a building permit is for a building proposed to be constructed
f
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;
(k) the Performance Guarantee,the Parks Performance Guarantee Security,the Security
for the Maintenance Guarantee and the Parks Maintenance Guarantee Security
Subdivision Agreement Page 35
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;
(1) the applicant has submitted a Site Plan satisfactory to the Director and certified as
being correct by the Owner's Engineer which demonstrates to the satisfaction of the
Director that the final grades of the lot(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;
(m) the Owner has erected or caused to be erected a sign displaying all roads, lots or
blocks 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 the approved Official Plan, and/or an approved draft Plan of
Subdivision of abutting lands;
(n) (i) the Owner has constructed access routes to the subdivision in satisfaction of
the requirements of the Ontario Building Code and has installed all necessary
watermains and hydrants which are fully serviced;
(ii) the Owner has agreed with the Municipality that during construction of the
building pursuant to the building permits which have been applied for fire
access routes will be maintained continuously as required by the Ontario Fire
Code, storage of combustible waste will be maintained in accordance with the
Ontario Fire Code, and open burning will not occur contrary to the Ontario
Fire Code;
(iii) the Owner has agreed with the Municipality to comply with the Ontario Fire
Code with respect to Combustible Waste and Open Burning; and
(iv); the Owner has agreed with the Municipality to have regard for the
"Guidelines to Fire Prevention" published jointly by the Ontario Home
Builder's Association and the Toronto Home Builder's Association in respect
of construction of dwellings;
Subdivision Agreement Page 36
(o) the Owner has provided written confirmation that all dwelling(s) to be erected on
the Lands in which the lot(s) or block(s) in question is located, satisfy the
Architectural Control Standards contained in Schedule "W" hereto;
(p) the stormwater detention pond required by the Master Drainage Plan which is to
service, among other lands, Phase 1 of the Development of the Lands has been
constructed on the Lands to which draft Plan of Subdivision 18T-89037 applies and
a Certificate of Completion thereof has been issued by the Director;
(q) the requirements of paragraph 5.28 (3) have been satisfied;
(r) Block 305 on draft Plan of Subdivision 18T-95023 has been transferred to the
Municipality for the purposes of a neighbourhood park;
(s) the Owner has satisfied the requirements of paragraph 4.12 of this Agreement; and
(t) the Owner has provided its acoustical engineer's certificate to the Director certifying
that all building plans have incorporated all noise attenuation measures required by
the Noise Impact Study as revised.
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 a 40M Plan, provided that:
(a) each such application is in conformity with all By-laws of the Municipality, the
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;
Subdivision Agreement Page 37
(d) the Owner has complied with the provisions of paragraphs 4.6(1) and 4.6(n)
of this Agreement.
(2) Prior to the date of issuance of any building permit for a model home(s), the Owner
shall obtain the approval of the Director of the proposed access to the model
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.
Subdivision Agreement Page 38
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;
(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, Ontario Hydro, 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, Ontario Hydro, Utilities and Services, or drainage
purposes, as determined by the Director, forthwith after written request by the
Director therefor 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 Parks Performance Guarantee Security,the Security
for the Maintenance Guarantee and the Parks Maintenance Guarantee Security and
all cash deposits or letters of credits 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.
Subdivision Agreement Page 39
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
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, Ontario Hydro 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;
(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.
Subdivision Agreement Page 40
(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
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 whole or any
part of the Occupancy Permit Deposit in order to reimburse the Municipality or pay
any person for the reasonable cost of complying with 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).
(3) The Owner acknowledges and agrees that prior to the issuance of a "Temporary
Occupancy Permit"referred to in paragraph 4.10 (2), the Owner through its qualified
Acoustic Engineer approved by the Director,has confirmed in writing to the Director
of Planning, that the dwelling in question has been constructed in accordance with
the approved Noise Impact Study.
4.11 Not Used
Subdivision Agreement Page 41
4.12 Special Conditions
(1) During construction on any portion of 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 Schedules "U" "V", "X" and "Y"
hereto.
(4) Any deadends and/or open side of road(s) allowances created by this draft Plan shall
be terminated in zero point three (0.3) metre reserve(s) which shall be transferred
to the Municipality. Paragraphs 2.5 and 2.6 apply in respect of such transfers with
all changes necessary being considered to have been made to them and give effect
to this paragraph 4.12(4).
(5) Without derogating from paragraph 4.12(2), in cases in which the Appropriate
Authority has determined that the well or private water supply of any person is
interfered with, the Owner shall at his expense either connect the affected party to
a municipal water supply system or a private system so that water supplied to the
affected party shall be of quality and quantity at least equal to the quality and
quantity of water enjoyed by the affected party prior to the interference.
(6) The Owner shall transfer to the Municipality a 4.83 metre road widening, shown as
Block 330 on draft Plan of Subdivision 18T-89037, across the frontage of the Lands
on Townline Road. Also, the Owner shall transfer to the Municipality a 2.0 metre
road widening, shown as Block 331 on draft Plan of Subdivision 18T-89037, across
the;frontage of the Lands on Townline Road. Both transfers shall be in fee simple,
free and clear of all encumbrances and restrictions and for a nominal consideration.
(7) If a final plan of subdivision has not been registered on draft plan 18T-95023 for the
lands which include proposed Streets A and C shown on draft Plan of Subdivision
Subdivision Agreement Page 42
18T-95023, prior to the approval of a final Plan of Subdivision for any portion of the
Lands the Owner shall provide the Municipality with a transfer for a temporary
easement of access, satisfactory to the Municipality, providing for access by
Municipality staff, contractors and the public over:
1) Lots 99 to 103, inclusive, on draft plan 18T-95023; and
2) the abutting portion of proposed Street A on draft Plan of Subdivision 18T-
95023. The Owner shall improve Street A on draft Plan of Subdivision 18T-
95023 to make it appropriate as a temporary easement area. The temporary
easement of access shall terminate on the issuance of a certificate by the
Municipality that the base asphalt on proposed Streets A and C on draft Plan
of Subdivision 18T-95023 has been completed to the Municipality's
satisfaction.
(8) The Owner acknowledges and agrees to take all necessary action to provide adequate
sight-lines on Bloor Street East (Regional Road 22) at the intersection with Street
B to the satisfaction of the Director and of the Region.
(9) The Owner shall submit to the Municipality and the Regional Municipality of
Durham, for review and approval by them if they consider it appropriate to do so,
a revision of "Noise Impact Study: South-West Courtice Neighbourhood, Plans of
Subdivision: 18T-95026 (765400 Ontario Limited), 18T-89037 (Robinson Ridge) and
18T-95023 (Westvale)" dated June, 1996 prepared by G.M. Sernas &Associates Ltd.
on file with the Director (the "Noise Impact Study"). The revised Noise Impact
Study shall be prepared by an acoustic engineer approved by the Director shall be
based on projected traffic volumes provided by the Region's Planning Department,
and shall recommend noise attenuation measures for the Lands within draft Plan of
Subdivision 18T-89037, in accordance with the Ministry of Environment and Energy
guidelines. The revised Noise Impact Study shall also address to the satisfaction of
the Director the feasibility of achieving acceptable levels of noise attenuation. The
Owner shall implement the recommended noise attenuation measures contained in
the Noise Impact Study as revised.
The Owner acknowledges that an additional noise report shall be submitted to the
Region of Durham and the Municipality of Clarington for review and approval
prepared in accordance with the Ministry of Environment and Energy guidelines for
the remaining lands not included within the limits of the first phase of registration.
This additional noise report shall be prepared by an acoustic engineer, approved by
gubdivision Agreement Page 43
the Director and shall be based on the projected traffic volumes provided by the
Region's Planning Department. Furthermore,the Owner acknowledges to implement
the recommendations of the additional noise report for the remainder of the Lands
within draft Plan of Subdivision 18T-89037.
SUMMARY OF RECOMMENDED ABATEMENT MEASURES
(Lot/Block Numbering Reflects Phase One 40M-Plan)
No. Lot/Block Abatement Measure
1 Lot 27L/R (40M-Plan) 1.8 metre high noise barrier
2 Lot 20 (40M-Plan) 2.1 metre high noise barrier
3 Lots 20, 271/R, Blocks 37, 38 warning Clause No. 1
and 39 (40M-Plan)
4 Lots 18 to 20, 27L/R, 28L/R, warning Clause No. 2
Blocks 37, 38 and 39
(10) The following Warning Clause shall be attached to all offers of purchase and sale
of dwellings on the following lots/blocks as shown on the 40M-Plan for Phase One
of 18T-89037:
Lots 20, 27L/R, Blocks 37, 38 and 39
"Purchasers are advised that despite the inclusion of noise abatement features within
the development area, noise levels from future road traffic may be of concern,
occasionally interfering with some activities of the dwelling occupants as the noise
level will exceed the Ministry of Environment and Energy's noise criteria."
(11) The following Warning Clause shall be attached to all offers of purchase and sale
of dwellings on the following lots/blocks as shown on the 40M-Plan for Phase One
of 18T-89037:
Lots 18 to 20, 27L/R, 28L/R, Blocks 37, 38 and 39
"This dwelling unit has been fitted with a forced air heating system, and the ducting
has,been sized to accommodate central air conditioning. Installation of central air
conditioning will allow windows and exterior doors to remain closed, thereby
ensuring that the indoor sound levels are within the Ministry of Environment and
Energy's noise criteria. (Note: the location and installation of the outdoor air
conditioning device should be done so as to minimize the noise impacts and comply
with criteria of M.O.E.E. publication NPC-216, Residential Air Conditioning
Devices)."
Subdivision Agreement Page 44
(12) The following Warning clause shall be attached to all offers of purchase and sale of
dwellings on all lots and blocks as shown on the 40M-Plan for all Phases of 18T-
89037:
"The Purchaser acknowledges that the lot shall be graded by the purchaser's builder,
in accordance with plans approved by the Municipality of Clarington, and that
issues regarding quality of workmanship should be directed to the purchaser's
builder. Such lot grading may include swales, slopes, retaining walls and, where
applicable, sewers and catchbasins on easements. The lot grading may also be
required to accommodate drainage from surrounding lands."
(13) The Owner acknowledges and agrees that in addition to the requirements of
Schedule "W" to comply with the building component requirements contained in the
Noise Report. In order to ensure acceptable nighttime bedroom noise levels within
dwelling units, the various building components must provide an A.I.F. of 26 (using
a daytime dwelling wall noise level of 64.3. dBA). This result is based on the
assumption that a living, dining or recreation room is located at the side of the
dwelling closest to the roadway and contains three components (two exterior walls
and a set of windows).
If the ratio of window area to room floor area is twenty (20%) percent, then any of
the following types of window will be acceptable:
1. single glazing with a minimum pane thickness of 2mm;
2. any other window having thicker glazing.
Assuming a ratio of wall area to room floor area of eighty (80 01o) percent, exterior
walls of EW-1 wall is comprised of the following:
12.7 mm gypsum board, vapour barrier and 38 x 89mm studs
with 50mm (or thicker) mineral wool or fibreglass batts in
interstud cavities, plus sheathing, wood or metal siding and
fibre backer board.
(14) Prior to the issuance of a building permit for a dwelling proposed to be constructed
on any lot or block referred to in the Noise Report, the Owner shall provide its
Acoustic Engineer's written certificate to the Director certifying that the building
plans for the dwelling are in accordance with the Noise Report.
Subdivision Agreement Page 45
(15) The Owner shall implement the recommendations contained in the Noise Report.
Without limiting the foregoing, the Owner shall:
1. construct one point eight (1.8) metre high and two point one (2.1) metre high
noise barrier fencing on the relevant lots and blocks referred to in the Noise
Report;
2. place on title appropriate warning clauses for each of the lots and blocks in
question in accordance with paragraphs 4.12 (10) and 4.12 (11); and
3. in addition to the requirements of Schedule 'W, the Owner shall ensure that
the construction techniques and/or materials described in the Noise Report
are incorporated in the construction of each dwelling unit as required.
(16) The Owner shall undertake a study to identify appropriate traffic calming measures
for Street A which will be effective in reducing traffic speeds within Lands
particularly in the vicinity of the proposed school block and collector road
intersections, to the satisfaction of the Director. The Owner shall implement the
recommendations of the traffic study as approved by the Director through the
engineering of the subdivision of the Lands.
(17) Prior to approval of a final Plan of Subdivision for any portion of the Lands, the
Neighbourhood Park in abutting draft Plan of Subdivision 18T-95023 shall have been
dedicated to the Municipality.
(18) The Owner shall make the necessary arrangements with the Owner of abutting Plan
of Subdivision 18T-95023 so that the entire public school site may be acquired by the
Northumberland-Clarington Board of Education.
(19) The Owner shall supply on disk, in a CAD format acceptable to the Municipality a
copy of approved draft Plan of Subdivision 18T-95023.
(20) The Owner acknowledges and agrees to fully service all future lots or development
blocks abutting the roads shown on draft Plan of Subdivision 18T-89037 that may be
developed in the future in conjunction with the servicing of the development of the
Lands to the satisfaction of the Director of Public Works.
Subdivision Agreement Page 46
(21) The Owner acknowledges and agrees that Lots 100 to 111 inclusive on draft Plan
18T-89037, shall not be developed until such time the Director of Public Works is
satisfied that these lands will not be required for the Stormwater Management
Facility.
(22) The Owner acknowledges and agrees to construct temporary turning circles, or
alternatives acceptable to the Director at the terminus of Streets "A", "B", "G", "H"
and "I" as well as any temporary internal road terminuses associated with the
development of the Lands. A number of lots, as required by the Director, will
remain "frozen" until such time as these streets are extended and the Director is
satisfied that they have been constructed to an acceptable standard, including
regional services and connections, storm sewers, asphalt paving, curbs and gutters,
sodded boulevards, sidewalks, street trees and street lighting for the entire frontage
width abutting the frozen lots.
(23) The Owner acknowledges and agrees that no development shall take place in Phase
and Stage 2A, as shown on the Phasing Plan and Phasing document prepared by
G.M. Sernas and Associates Ltd. dated July 1996, as finally approved by and on file
with the Municipality's Director, or on lands within any subsequent Phase either:
1. until such time as the Municipality's Council has included the works necessary
for the Phase and Stage in question within its four year capital works forecast;
or,
2. until the Municipality has approved a budget allocating funds necessary for
specific work that involves the expenditure of the Municipality's funds
including, but not limited to, development charges revenues.
(24) The Owner acknowledges and agrees that a Stormwater Management
Implementation Report is to be prepared for this development to the satisfaction of
the Director of Public Works. This report must incorporate Stormwater
Management principles that are in accordance with the Master Drainage Plan for
Robinson Creek dated January 1991 and amended in April 1994, prepared by G.M.
Sernas and Associates as finally approved by the Director of Public Works, and must
specifically detail the overland flow route for this plan of subdivision to the
Stormwater Management Facility.
(25) The Owner acknowledges responsibility, financially or otherwise, for the design and
construction of the Stormwater Management Works deemed necessary by the
Subdivision Agreement Page 47
Director of Public Works to service the entire watershed for which this plan of
subdivision is a part of and to satisfy the requirements of the Master Drainage Plan
for Robinson Creek dated January 1991 and amended in April 1994 prepared by
G.M. Sernas and Associates as finally approved by the Director of Public Works.
(26) The Owner acknowledges and agrees that if the Stormwater Management System
includes alterations of the Robinson Creek watercourse, the Owner shall be
responsible for incorporating natural channel design features and revegetate adjacent
lands to the satisfaction of the Director, the Central Lake Ontario Conservation
Authority and the Ministry of Natural Resources.
(27) The Owner shall pay to the Municipality for transmittal to the City of Oshawa to
reimburse the City of Oshawa for a portion of the cost incurred by the City for the
reconstruction of Townline Road the sum of one hundred and six dollars and fifty
cents ($106.50) per running metre of frontage of each final plan of subdivision for
the portions of the Lands which have frontage on Townline Road. The first payment
in the amount of twenty-three thousand and sixty-eight dollars and ninety-seven cents
($23,068.97) shall be paid to the Municipality prior to the execution of this
Agreement by the Municipality.
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 called the "Works"). From the date of issuance of an
"Authorization to Commence Works" (as hereafter defined) 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".
Subdivision Agreement Page 48
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
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 at 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 appointed; (2)
the Owner shall not act to terminate the new Owner's Engineer except for cause, and
then only with the prior written approval of the Director; (3) the Director may
appropriate from the Performance Guarantee and the security for the Maintenance
Guarantee amounts necessary to pay the 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
Subdivision Agreement
Page 49
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
(1) The Owner covenants and agrees that the design of all the Works shall conform with
all applicable legislation and the Municipality's Design Criteria and Standard Detail
Drawings. In the event of any dispute as to such requirements or their
interpretation, the dispute shall be resolved by the Director whose decision shall be
final.
(2) The Owner shall provide and submit to the Director all necessary Engineering
Drawings and obtain all approvals for the construction and installation of the Works,
as required by this Agreement.
3) Without derogating from the provisions of paragraphs 2.4 and 2.5 and Schedules "E"
( and "F" of this Agreement, on the execution of this Agreement, the Owner, at its
expense, shall transfer to the Municipality any land or easements considered
necessary in the opinion of the Director to accommodate the construction,
installation and maintenance of the Works. For greater certainty, the Parties agree
that the provisions of paragraphs 2.4 and 2.7 shall apply in respect of any such
transfers of easements with all necessary changes to being considered to have been
made to give effect to the intent of this paragraph 5.4(3). Each transfer of land shall
be in fee simple absolute, and free and clear of all encumbrances and restrictions.
It shall be prepared by the Owner in registerable form and be satisfactory to the
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 the 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
Subdivision Agreement Page 50
and after the approval by the Director of the Reapproved Engineering Drawings,
they shall be deemed to be the Engineering Drawings for the purpose of this
Agreement, and thereafter all Works shall be constructed and installed in accordance
with them. The Owner hereby irrevocably assigns to the Municipality without cost
to the Municipality the right to use and to reproduce the Engineering Drawings and
all reports that relate in whole or in part to the Works which have been prepared by
or for the Owner in connection with the performance of the Owner's obligations
under this Agreement. The Owner acknowledges that approval of the Engineering
Drawings or reports by the Director shall not relieve the Owner from its obligation
to satisfy all requirements of or made pursuant to this Agreement.
(2) Prior to the issuance of any Authorization to Commence Works, the Owner shall
provide the Director without cost to the Municipality with the Owner's Engineer's
(1) written acknowledgement that the Engineering Drawings and reports referred to
in paragraph 5.5(1) may be used and/or reproduced by the Municipality without cost
or prior approval or permission, (2)written permission for the Municipality's officers,
employees, agents,contractors and suppliers to use the specifications, data, drawings,
records and reports whether completed or in progress of completion in satisfaction
of the Owner's obligations under the provisions of Schedule "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.
Subdivision Agreement Page 51
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 lands originally flowing through, into or over the said Lands
to the municipal storm sewer system or any other outlet approved by the Director (the
"Grading and Drainage Plan"). The written approval of the Director of the Grading and
Drainage Plan shall be obtained prior to the commencement of construction or installation
of any of the Works on the Lands. If construction of such Works is not commenced within
two (2)years from the date of approval of the Grading and Drainage Plan, the Grading and
Drainage Plan shall be resubmitted to the Director for his reconsideration, and approval by
the Director after any revisions required by the Director have been made to it, (the
"Reapproved Grading and Drainage Plan"). From and after the approval by the Director
of the Reapproved Grading and Drainage Plan, it shall be deemed to be the Grading and
Drainage Plan for the purposes of this Agreement, and thereafter all Works shall be
constructed and installed in accordance with it.
5.7 Staging of Construction of Works
The Municipality acknowledges that the Owner and the owners of lands within draft
Plans of Subdivision 18T-95023 and 18T-95026 have submitted to the Municipality a Works
staging plan for the construction or the reconstruction and installation of certain arterial and
external roads, Old Bloor Street and proposed east-west Street "F"within, to or from draft
Plans of Subdivision 18T-95023, 18T-89037 and/or 18T-95026. Prior to commencing the
construction and installation of the any of the arterial and external roads within the
jurisdiction of the Municipality, the "Storm Sewer System", the "Stormwater Management
System", the "Road System" (each as hereafter defined) and Utilities and Services, the
Owner shall prepare and submit to the Director for his consideration and revision, if
considered necessary by the Director and his written approval, and receive the written
approval thereof of the Director, a staging plan for the construction and installation of such
Works and Utilities and Services to the extent that they are to be constructed or installed
on any portion of the Lands or in conjunction with the development of any portion of the
Lands. The staging plan shall be generally consistent with Plates 1 and 5 of the Phasing
Plan, and also with the Phasing and Staging Principles contained in Schedule "Y" attached
hereto. (The staging plan for the Works, and Utilities and Services is referred to in this
Agreement as the "Staging Plan"). The Staging Plan may be amended from time to time
Subdivision Agreement Page 52
with the written approval of the Director provided that the amendment(s) is consistent with
the principles contained in the Phasing and Staging Principles.
5.8 Approval of Schedule of Works
Prior to the issuance of any Authorization to Commence Works, 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, and the 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 construction and
installation of the Works is to be staged in accordance with the Staging Plan, prior to the
date of issuance of the Authorization to Commence Works for each stage provided in the
Staging Plan, the Owner shall obtain the written approval of the Director of a Schedule of
Works for such stage, and thereafter shall proceed to construct and install the Works, and
the Utilities and Services in such stage in compliance with the approved Schedule of Works,
and any amendment(s) thereto which may be approved by the Director.
5.9 Approval of Works and Parkland 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 and Parkland Cost Estimates"),
shall be submitted by the Owner to the Director for his consideration and if appropriate his
approval. After approval, the Works and Parkland 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 that stage the Owner agrees that the estimated costs
of construction and installation of the Works for each stage in question, (the "Stage Cost
Estimates"), shall be submitted by the Owner to the Director for his consideration and if
appropriate his approval. After approval the Stage Cost Estimates shall be entered for the
Owner and the Municipality by the Director in Schedule "J".
5.10 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
r
Subdivision Agreement Page 53
satisfying all the other requirements of this Agreement in respect thereof, an
Authorization to Commence Works shall not be issued for any of the Works for
which the Authorization is sought until the following conditions have been satisfied:
(a) the final Plan of Subdivision for Phase 1 of the Development of the Lands,
the final Plan of Subdivision for Phase 2 of the Development of the Lands or
the final Plan of Subdivision for Phase 3 of the Development of the Lands,
as the case may be, has been approved by the Region pursuant to the
Planning Act;
(b) the final Plan of Subdivision in question has been registered against the title
to Phase 1 of the Development of the Lands, Phase 2 of the Development of
the Lands and Phase 3 of the Development of the Lands, as the case may be;
(c) the Owner has delivered to the Municipality (1) a copy(s) of the registered
Plan of Subdivision in question; and (2) a copy(s) of the other Agreement(s)
referred to in paragraph 2.3 of this Agreement;
(d) the Owner has paid to the Municipality any monies required by paragraphs
3.1, 3.2, 3.3 and 3.4 of this Agreement;
(e) the Owner has delivered the transfers of easements to the Municipality in
accordance with paragraph 2.4 of this Agreement;
(f) the Owner has delivered to the Municipality transfers of the lands and paid
the required cash in accordance with paragraphs 2.5, 2.6 and 4.12(4) of this
Agreement, and such transfers have been registered against the title to the
appropriate portions of the Lands;
(g) the Owner has delivered to the Municipality letters signed on behalf of the
authority authorities or companies having jurisdiction with respect to the
Utilities and Services that are referred to in Schedule "H" that satisfactory
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
Subdivision Agreement Page 54
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 and the
Director of Planning of the Tree Preservation Plan as required by paragraph
4.1 of this Agreement.
(k) the Owner has received written approvals of the Director and the Director
of Planning 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;
(m) the Owner has received the written approval of the Director 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 of 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 the Performance Guarantee
required by paragraph 3.6 and other provisions of this Agreement and the
Park Letter of Credit required by paragraph 5.28 (7) 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;
Subdivision Agreement Page 55
(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 and Energy, the
Ministry of Natural Resources, the Region and the Central Lake Ontario
Conservation Authority with respect to the Works; and
(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.
(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 a final Plan of Subdivision referred to in paragraph
5.10(1)(a), provided that the requirements of clauses 5.10(1)(d), (g), (h), (i), (j), (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 final Plan of Subdivision of Phase 1 of the Development of
the Lands, a final Plan of Subdivision of Phase 2 of the Development of the Lands
or a final Plan of Subdivision of Phase 3 of the Development of the Lands, as the
case may be, has been registered against the title to the lands to which it or they
apply, 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, if undertaken, shall be
undertaken at the sole risk of the Owner and the Owner hereby waives any right that
he might have to compensation by or damages from the Municipality that he might
otherwise have as a result of its construction and installation of any of the Works.
Subdivision Agreement Page 56
5.11 Requirements for Commencement of Subsequent Stages of Works
The Owner shall obtain from the Director a separate Authorization to Commence
Works for.Works and Utilities and Services in each stage as defined in the Staging Plan.
5.12 Inspection and Stop Work
The Owner shall ensure that every contract that may be made by the Owner with any
contractor to construct or install any of the Works shall provide that employees or
representatives of the Municipality may, at any time, inspect the work of such contractor
and shall require the contractor to comply with stop work orders given by the Director
pursuant to this paragraph 5.12. The Director may give the Owner a written order to stop
the construction or installation of any of the Works that is being undertaken by giving
written notice either to the Owner or to the 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 Security for the
Maintenance Guarantee required to be provided pursuant to this Agreement in respect of
the Works has not been deposited or is not maintained in good standing. The Owner shall
comply with the stop work order forthwith after it is given by the Director in accordance
with this paragraph 5.12 by requiring the Owner's contractor and sub-contractors who are
constructing and installing the Works or components thereof in question and are referenced
in the order to comply with it forthwith. A stop work order may be given to the Owner by
giving to its Owner's Engineer by personal service on the Owner's Engineer or any
representative of the Owner's Engineer, by prepaid first class post addressed to the Owner's
Engineer, or by telefax to the Owner's Engineer at the address and telefax number referred
to in paragraph 5.3(1) or 5.3(2), whichever is applicable.
5.13 Construction in Accordance with Engineering Drawings
(1) The Works shall be constructed and installed in accordance with the Engineering
Drawings as approved by the Director. No deviation from the Engineering Drawings
is permitted unless such deviation is authorized in writing by the Director before it
is undertaken. All construction and installation of the Works, shall be undertaken
and carried out by the Owner or by the Owner's contractor, as the case may be, in
accordance with the regulations for construction set out in Schedule "L".
(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
Subdivision Agreement Page 57
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 the curbs,
sidewalks, final coat of asphalt, final lot grading, driveway approaches, sodding and tree
planting which may be completed later if done so in accordance with the provisions of the
Schedule of Works.
5.16 Additional Work
Until the conclusion of the Maintenance Guarantee Period referable thereto, if in
the opinion of the Director, any incidental additional work is required to provide for the
adequate operation, functioning and maintenance of any of the Works, the Owner, at its
cost, shall construct and install such additional facilities and perform such additional work
as 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
Subdivision Agreement Page 58
any part of them before completion, or (4) unreasonable delay occurs in the
construction or installation of the Works, or (5) for any other reason the Works are
not being constructed or installed properly and promptly and in full compliance with
the provisions of this Agreement, or (6) the Owner neglects or refuses to reconstruct
or reinstall any of the Works or component(s) thereof which may be rejected by the
Director as being defective, deficient or unsuitable, or (7) the Owner otherwise
defaults in performance of this Agreement, the Director may give the Owner notice
in writing of his opinion respecting any such matter. Following the later to occur of
the expiry of ten (10) business days, excluding Saturdays and Sundays and statutory
holidays following the giving of such notice plus the expiry of any additional period
as may be specified in the notice given to the Owner by the Director, the
Municipality, at the cost and expense of the Owner, may engage a contractor,
supplier of services or materials and such workmen, and purchase such services,
supplies and/or services as in the opinion of the Director are required for the
completion of the construction and installation of the Works and all components
thereof and the performance of all covenants of the Owner relating to the Works as
provided by this Agreement. In cases of an emergency or urgency, or in order to
preserve the integrity of the Works or any component thereof as determined by the
Director in his absolute discretion, any deficiency(s) or defect(s) in the Works, and
any failure to complete the Works and all components thereof in accordance with
this Agreement may be corrected, remedied or completed by the Municipality its
contractors, suppliers and employees at the cost of the Owner without prior notice
to the Owner, provided that forthwith after the Municipality so acts, the Director
shall give written notice to the Owner of his determination as aforesaid, describing
the action taken by the Director, and the cost of correcting or remedying the
deficiency or default in question or the cost of completing the Works and the
components thereof, as the case may be. For the purposes of this paragraph 5.17(1)
the cost of any work which the Municipality undertakes under this paragraph 5.17(1)
shall be determined by the Director in his absolute discretion. It is understood and
agreed by the Parties that the costs for which the Owner is responsible under this
paragraph 5.17(1) shall include a management fee payable to the Municipality either
of thirty(30%)percent of the contractor's charges to the Municipality(including any
charges for overhead and profit) or, if such work is undertaken by the Municipality,
thirty (30%) percent of all costs incurred by the Municipality to correct or remedy
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
Subdivision Agreement Page 59
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 known the Director
shall give the Owner written notice thereof. If the actual costs are more than the
estimated costs, the Owner shall forthwith pay the Municipality an amount equal to
the difference between them. If the actual costs are 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 �I
receives written notice of a claim of an alleged beneficiary of a statutory trust under
the Construction Lien Act, such registration,filing or notice shall constitute a default
in performance by the Owner of this Agreement. In any such case, the Director may
notify the Owner in writing of such default. If the Owner fails to discharge the lien
or the claim as the case may be within 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 may (1) pay the full amount of the claim and security for costs into a
Court of competent jurisdiction in order to obtain an order vacating such claim for
lien, (2) discharge the claim in full by paying the amount claimed or in part by
paying a portion thereof or (3) draw the full amount of the claim in cash from a
letter of credit deposited with the Municipality as the security for the Performance
Guarantee and hold the cash in a deposit account of the Municipality as the security
for the Performance Guarantee in respect of the claim in question. The Municipality
may draw on and appropriate the whole or any portion(s) of the Performance
Guarantee and the Security for the Maintenance Guarantee for the purpose of
making payment under this paragraph 5.17(2). The Owner shall indemnify the
Municipality against the costs and expense incurred by the Municipality in making
a payment pursuant to this paragraph 5.17(2) forthwith after the Director gives the
Owner written notice requiring him to do so. In the event that the Municipality
draws on and appropriates any portion of the Performance Guarantee or the Security
for the Maintenance Guarantee for any of the aforesaid purposes,forthwith after the
Director gives written notice to the Owner requiring it to do so, the Owner shall
reinstate the Performance Guarantee and/or the Security for the Maintenance
Guarantee, as the case may be, to the full amount(s) required under the provisions
of this Agreement.
I
Subdivision Agreement Page 60
5.18 Acknowledgement 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, Ontario Hydro or any utility
authority or company or (the "Damaged Services") including without limiting the generality
of the foregoing, any road(s), water, electrical, gas, telephone, cable television and sewer
systems, and the cost of relocating any Damaged Services, caused by or resulting from the
development of any one (1) or more portions of the Lands, or the construction or
installation of any of the Works, provided that all such repairs and or relocation(s) are
completed to the satisfaction of the Director, the Region and Ontario Hydro or the relevant
utility authority or company which owns or is responsible for the Works, property or services
in question. In addition, the Owner agrees with the Municipality, at the Owner's cost, to
relocate any of the Works constructed or installed pursuant to this Agreement which are
located in driveways or so close thereto as in the opinion of the Director will interfere with
the use of the driveway in question, forthwith after being given written notice by the
Director requiring the Owner to undertake such relocation.
5.20 Not Used
5.21 Use of Works by Municipality
The Owner acknowledges and agrees that any of the Works may be used by the
Municipality and such other person(s) who is (are) authorized by the Municipality for any
of the purposes for which the Works are designed, without interference by the Owner, and
without the payment of any fee or compensation to the Owner, and for such purposes the
Municipality and other person(s) authorized by the Municipality may enter upon the
portion(s) of the Lands on which the Works are located.
Subdivision Agreement Page 61
5.22 Maintenance of Roads after Completion
(1) In addition to any other requirement of this Agreement that the Owner maintain
the Works, if any building(s) on the Lands is occupied, the Owner, at the Owner's
cost, shall maintain each road(s), which is required to be constructed and provides
access to such building(s), until a Certificate of Acceptance has been issued for such
road(s), and without limiting the generality of the foregoing, the Owner shall:
(a) maintain the 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 and the
Utilities and Services pursuant to this Agreement, provide and maintain safe
and adequate access to all occupied buildings; and
(c) erect a sign to the satisfaction of the Director to indicate that the road(s) are
"unassumed road(s)" which the Municipality is not required by law to repair
and maintain.
(2) The Municipality agrees to snowplough and sand all paved road(s) shown on the
registered Plan of Subdivision of the Lands, for and on behalf of the Owner until the
Certificate of Completion of the Final Works has been issued,provided that until the
date of issuance of the aforesaid Certificate of Completion, the Owner shall pay to
the Municipality one hundred (100%) percent of the costs of snowploughing and
sanding such road(s), as determined by the Director, from time to time, and
forthwith after being given written notice of such costs by the Director.
(3) The Owner acknowledges and agrees that the undertaking or provision of repairs or
maintenance by the Municipality under paragraphs 5.18, 5.19 or 5.22(2) in respect
of road(s), is not intended nor shall it in any way constitute or be taken to constitute
the approval or assumption by the Municipality of the road(s) in question. The
road(s) shall not be deemed to have been assumed until both a Certificate of
Acceptance has been issued, and a By-law has been passed by Municipality Council
dedicating the road(s) as public highway(s) and assuming it for the purpose of
liability to repair and maintain it as provided by the Municipal Act, and such By-law
has been registered in the Land Registry Office.
Subdivision Agreement Page 62
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 for
any of the Works, except the final Works have be satisfied and without limiting the
generality of the foregoing, if the Director is of the opinion that the Works in question have
been maintained in compliance with paragraph 3.10 and all deficiencies and defects in such
Works have been remedied and corrected by the Owner on behalf of the Municipality, the
Director shall provide the Owner with a Certificate of Acceptance of the relevant Works.
If the requirements of this Agreement respecting the issuance of a Certificate of Acceptance
of the Final Works have been satisfied, and without limiting the generality of the foregoing,
if the Director is of the opinion that the Works in question have been maintained in
accordance with paragraph 3.10 and all deficiencies and defects in such Works have been
remedied and corrected by the Owner, and the Director reports his opinion that such Works
should be accepted by the Municipality for the Municipality Council, Council may approve
the report of the Director. Following Council's approval of this report as aforesaid the
Director may provide the Owner with a Certificate of Acceptance of the Final Works.
5.25 Ownership of Works by Municipality
For greater certainty, the Owner acknowledges and agrees that the Municipality is
the Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall
Subdivision Agreement Page 63
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(s) of
Subdivision in question and has found, placed or replaced all survey
monuments at all block corners, the end of all curves, other than comer
roundings, and all points of change in direction or road(s) on such Plan(s);
and,
(c) the Municipality's Council has by resolution, acknowledged that the Owner
has satisfied all of the provisions of this Agreement.
From the date of its issuance, a Certificate of Release shall operate as a discharge of the
Owner in respect of the Lands or the portion thereof which are described therein of the
obligations of the Owner under this Agreement with the exception of. (1) the Owner's
obligation respecting drainage as provided in this Agreement; and(2) the Owner's covenant
to comply with the requirements of this Agreement in respect of applications for building
permits for dwellings on the Lands.
5.27 External and/or Oversized Works
(1) The Owner hereby covenants with the Municipality to construct or reconstruct and
Subdivision Agreement Page 64
instal at its cost the External and/or Oversized Works in accordance with the Phasing
and Staging Principles and in accordance with the Engineering Drawings approved
by the Director. The Owner also covenants with the Municipality to be jointly and
severally liable to the Municipality with the owners of the lands within draft Plans
of Subdivision 18T-95023 and 18T-95026 for the cost of construction or
reconstruction and installation of the Works referred to in clause (i) of this
paragraph 5.27. For the purposes of this Agreement the External and/or Oversized
Works are the following:
(i) the arterial and external roads including Old Bloor Street and proposed east-
west Street "F" shown on the Phasing Plan referred to in the Phasing and
Staging Principles other than the construction, reconstruction or installations
of which either the Municipality or the Region is responsible under the
Phasing and Staging Principles;
(ii) the construction of any portion of local roads shown on the Engineering
Drawings approved by the Director which are in excess of ten (10) metres in
width;
(iii) the oversizing of the "Storm Sewer System" (as hereafter defined) to
implement the Engineering Drawings approved by the Director; and
(iv) the "Stormwater Management System" (as hereafter defined) deemed
necessary by the Director to service the entire watershed including the lands
to satisfy the requirements of the "Master Drainage Plan" (as hereafter
defined), and to implement the Engineering Drawings approved by the
Director.
5.28 Requirements for Neighbourhood Park and Parkette "A"
(1) (a) Not later than the occurrence of the "Building Permit Issuance Day" (as
hereafter defined) the Owner shall prepare and submit to the Director for his
approval a concept plan for the development of Block 305 ("Neighbourhood
Park") on draft Plan of Subdivision 18T-95023 and Block 318 ("Parkette "A')
on draft Plan of Subdivision 18T-89037, which are called for the purposes of
this Agreement the "Neighbourhood Park and Parkette "A". The aforesaid
concept plan for the development of the Neighbourhood Park and Parkette
"A" is called the "Park Site Master Plan". The Park Site Master Plan shall
Subdivision Agreement Page 65
show the location of all active and passive recreation areas, facilities and
equipment, and the aforesaid Blocks as well as vegetation including trees,
landscaping, accesses, adjacent proposed uses and such other features that are
directed to be included in the Park Site Master Plan for the Neighbourhood
Park and Parkette "A'by the aforesaid Director by written notice given to the
Owner. The Park Site Master Plan shall be consistent with the provisions of
Schedule"G" hereto. The Neighbourhood Park Works, the Parkette A Works
and the Parkette A Furnishings and shall be constructed and installed by the
Owner in accordance with the Park Site.Master Plan and if they have not
been constructed and installed, they shall be constructed and installed by the
Owners either of the 18T-95023 Lands or of the 765400 Lands.
(b) For the purposes of paragraph 5.28 (1)(a)the "Building Permit Issuance Day"
is the day on which the earliest to occur of the following events:
(1) the issuance of the building permit for the 124th dwelling unit to be
constructed on the combination of draft Plans of Subdivision 18T-
89037, 18T-95023 and the Southerly Portion of Plan 18T-95026; or
(2) the issuance of the building permit for the 87th dwelling unit to be
constructed on draft Plan of Subdivision 18T-95023; or
(3) the issuance of the building permit for the 79th dwelling unit to be
constructed on draft Plan of Subdivision 18T-89037.
(2) Not later than the expiry of the forty-five (45) day period following the day on which
the Director gives written notice to the Owner that he has approved the Park Site
Master Plan with any modifications thereto that the Director considers to be
appropriate, and in any event prior to the issuance of the Authorization to
Commence works pursuant to paragraph 5.10 of this Agreement for the
Neighbourhood Park and Parkette 'W', the Owner will prepare and submit for the
aforesaid Director's consideration and approval a detailed park layout plan, a play
area layout plan, a grading plan, vegetation and tree planting plan, plumbing and
irrigation plan, a plan providing for the construction and installation of other
necessary services including drainage and electrical services, a furniture, equipment
and fixtures plan, any necessary shop drawings, detailed specifications and a
construction and installation schedule for and respecting the Neighbourhood Park
and Parkette "A", all of which shall be prepared to standards and have a form and
content satisfactory to the aforesaid Director. (These plans, drawings and
specifications collectively are called the "Working Drawings and Specifications").
Subdivision Agreement Page 66
(3) After the Director has given the Owner written notice that he has approved the
Working Drawings and Specifications for the Neighbourhood Park Works, the
Parkette "A"Works and the Parkette "A" Furnishings, with or without such changes
as the Director may have required to be made to them or either of them, the Owner
shall commence the construction and installation of
(i) the Neighbourhood Park Works, prior to,
(1) the issuance of the building permit for the 248th dwelling unit to be
constructed on the combination of draft Plans of Subdivision 18T-
89037, 18T-89037 and the Southerly Part of Plan 18T-95026; or
(2) the issuance of the building permit for the 174th dwelling unit to be
constructed on draft Plan of Subdivision 18T-95023; or
(3) the issuance of the building permit for the 158th dwelling unit to be
constructed on draft Plan of Subdivision 18T-89037; and
(ii) Parkette "A" Works, prior to the issuance of the building permit for the 71st
dwelling unit to be constructed in Phase I of the Development of the Lands;
and,
(iii) Parkette "A" Furnishings prior to the issuance of the Building Permit for the
71st dwelling unit to be constructed in Phase 1 of the Development of the
Lands.
subject to Force Majeure after construction thereof has been commenced, complete
the same expeditiously.
(4) Not later than the day preceding the day on which the Director gives written notice
to the Owner that he has approved the Working Drawings and Specifications and
authorizes the Owner to commence construction and installation of the
Neighbourhood Park Works, and the Parkette"A"Works in accordance with this sub-
paragraph, the Owner shall obtain the insurance required by paragraph 5.28 (10),
and shall deposit with the Municipality's Treasurer a certificate that such insurance
has been obtained before such construction and installation is commenced. The
Owner in good faith shall commence and proceed to complete the Neighbourhood
Park Works, the Parkette "A" Works and the Parkette "A" Furnishings with
reasonable expedition in accordance with provisions of this Agreement and the
approved Working Drawings and Specifications.
Subdivision Agreement Page 67
(5) The Owner agrees with the Municipality that at no time before or, after the
commencement of the construction and installation of the Neighbourhood Park
Works and/or the Parkette "A' Works shall the Owner store or cause to permit any
other person to store topsoil and/or building materials on any portion of Blocks 305
and 306 on draft Plan of Subdivision 18T-95023 and Block 318 on draft Plan of
Subdivision 1ST-89037. The Owner will keep the aforesaid Blocks in clean condition
at all times during the construction and installation of the Neighbourhood Park, and
Parkette "A' until they are accepted by the Municipality.
(6) The provisions of paragraphs 5.1, 5.10, 5.14, 5.17, 5.18, 5.19, 5.23, 5.24, 5.25 and 5.26
of this Agreement shall apply in respect of the construction and installation, and the
completion and acceptance of the Neighbourhood Park Works, Parkette "A"Works
and Parkette "A" Furnishings with all necessary changes to such paragraphs being
considered to have been made to give effect to the intent of paragraph 5.28.
(7) Prior to the day on which this Agreement is executed by the Municipality, the Owner
shall deposit with the Municipality an unconditional and irrevocable letter of credit
(the "Park Letter of Credit") issued by a bank listed in Schedule "I" of the Bank Act
in the amount of the aggregate of the estimated costs of the Neighbourhood Park
Works, the Parkette "A" Works and the Parkette "A" Furnishings approved by the
Director and set out in Scheduled "J" hereto as security for the performance of the
Owner's covenant to construct and install and complete the construction and
installation of the Neighbourhood Park Works, the Parkette "A" Works, and the
Parkette "A" Furnishings (the "Parks Performance Guarantee Security"). Without
the prior written consent of the Owner and Owners of the lands within Draft Plan
of Subdivision 18T-95023 and 18T-95026, respectfully the amount of the estimated
costs of construction for the purposes of the Parks Performance Guarantee Security
and the Park Letter of Credit, shall not exceed sixty-five thousand ($65,000.00)
dollars for Parkette "A', and four hundred and forty-two thousand ($442,000.00)
dollars for the Neighbourhood Park Works,both of which amounts shall be escalated
from time to time using the same index and dates of calculation and escalation as
provided in the Municipality's Development Charge By-law commencing on July 11,
1996. The Park Letter of Credit shall be in a form and have a content which is
satisfactory to the Municipality's Treasurer. On the day following the day on which
the Director gives written notice to the Owner that the Neighbourhood Park Works,
the Parkette "A' Works and the Parkette "A" Furnishings have been completed in
accordance with the approved Working Drawings and Specifications, the amount
secured by the Park Letter of Credit may be reduced to such lower amount as may
be considered by the aforesaid Director, in consultation with the Municipality's
I
Subdivision Agreement Page 68
Treasurer, to be sufficient security(the "Parks Maintenance Guarantee Security").to
the Municipality that the Owner's covenant to construct and install the
Neighbourhood Park Works, the Parkette "A" Works, Parkette "A" Furnishings in
accordance with the Working Drawings and Specifications and the "Parks
Maintenance Guarantee" (as hereafter defined) will be performed by the Owner
from the date of the aforesaid notice of completion until written notice is given to
the Owner that the Neighbourhood Park and Parkette"A"have been accepted by the
Municipality. The Director of Public Works is hereby authorized to include the
amount of the Parks Performance Guarantee in Schedule "J" attached to this
Agreement.
(8) The provisions of Schedule "K" to this Agreement with respect to insurance shall
apply with all necessary changes thereto being considered to have been made to
make them applicable in respect of the construction and installation of the
Neighbourhood Park and Parkette "A" and the performance by the Owner of the
Park Maintenance Guarantee, provided that the aforesaid insurance shall be
maintained until the Director gives the Owner written notice that the Municipality
has accepted the construction and installation of the Neighbourhood Park and
Parkette "A".
(9) The provisions of Schedule 'V to this Agreement shall apply in respect of the
construction and installation of the Neighbourhood Park and Parkette "A" with all
necessary changes thereto being considered to have been made to give effect to the
intent of this paragraph 5.28 (11).
(10) The Owner agrees with the Municipality that with the exception of the plumbing,
drainage and the irrigation systems, the construction and installation of the
Neighbourhood Park and Parkette "A", shall at all times be under the supervision of
a qualified landscape architect or qualified architect who has been approved by the
Director who shall be retained by the Owner, and who shall provide the Director
with his certificate that the Neighbourhood Park and Parkette "A" have been
constructed and installed in accordance with the approved Working Drawings and
Specifications forthwith after he is of the opinion that the construction and
installation of the Neighbourhood Park and Parkette "A" have been so completed.
(11) The design, construction and installation of the plumbing, drainage and irrigation
system shall be under the supervision of the Owner's Engineer who shall provide the
Municipality with his certificate that the plumbing, drainage and irrigation systems
of the Neighbourhood Park and Parkette "A" have been completed in accordance
Subdivision Agreement Page 69
with the approved Working Drawings and Specifications forthwith after he is of the
opinion that they have been so completed.
(12) In the event that (1) building permits have been issued for the construction of
dwelling units on any portion(s) of the lands within draft Plan of Subdivision 18T-
89037, (2) an Authorization to Commence Works has not been issued by the
Director in respect of the construction and installation of the road Works and the
services for the portion of proposed Street "A" shown on draft Plan of Subdivision
18T-95023 which is located between westerly limit of the aforesaid draft Plan and the
intersection of proposed Streets "A" and"C" also on the aforesaid draft Plan, and (3)
prior to the issue of Certificate of Completion in respect of the construction and
installation of the Neighbourhood Park, the construction and installation of such
road Works and the services have not been commenced by the Owner, the Owner
at its cost forthwith after being given written notice by the Director requiring it to
do so shall construct and install a temporary hard paved access to the satisfaction of
the Director to the Neighbourhood Park at least seven (7) metres wide along the
alignment of the aforesaid portion of Street "A"from the westerly limit of draft Plan
of Subdivision 18T-95023 to and over the lot or lots on draft Plan of Subdivision
18T-95023 on which the paved access is to be installed to connect with the parking
area on the Neighbourhood Park in accordance with the Park Site Mater Plan. The
temporary hard paved access shall be removed by the Owner at its cost in
conjunction with the construction and installation of the road and services on the
aforesaid portion of the alignment of proposed Street "A".
(13) The provisions of paragraphs 3.6, 3.7, 3.10, 3.11, 3.12 and 3.13 shall apply in respect
of the Parks Performance Guarantee, the use of the Parks Performance Guarantee
Security, the Parks Maintenance Guarantee, the use of the Parks Maintenance
Guarantee, the reduction and release of the Parks Performance Guarantee Security
and the reduction and release of the Parks Maintenance Guarantee Security,
respectively,with the necessary changes thereto being considered to have been made
to give effect to the intent of this paragraph 5.28 (15).
5.29 Reconstruction of Regional Road 22 Works
(1) With respect to the Reconstruction of Regional Road 22 Works, the Owner
shall:
(a) after complying with the provisions of this Agreement, commence
construction of these Works not later than July 31, 1998 and proceed
to complete such construction in good faith on or before September
30, 1998, subject to Force Majeure;
Subdivision Agreement Page 70
(b) prior to entering into a construction contract respecting these Works,
invite a qualified contractor(s) to tender an offer(s) to enter into a
construction contract with the Owner in accordance with tender
documents therefor that have been approved in writing by the Director
acting reasonably;
(c) prior to the execution by the parties of the construction contract
referred to in clause (d), execute itself and cause the contractor who
is intended by the Owner to be awarded the construction contract to
execute an agreement between the Municipality, the Owner and the
contractor which is in the form and has the content of the Three Party
Agreement contained in Schedule "Z" hereto;
(d) subject to the other provisions of this paragraph 5.29, not later than
May 15, 1998, enter into a construction contract for the construction
of the Works with a qualified contractor which contains terms and
conditions which have been approved in writing by the Director acting
reasonably, and are consistent with the provisions of the Three Party
Agreement contained in Schedule "Z" hereto;
(e) prior to the execution of the agreement referred to in clause (c), and
the construction contract referred to in clause (d), the Owner will (1)
make necessary arrangements with G.M. Sernas &Associates Limited
("Sernas") for the Municipality to use the engineering drawings and
specifications for these Works in the event of the default of the Owner
in performing any of its obligations either under this paragraph 5.29
or under such construction contract; and (2) deliver to the
Municipality Sernas' written agreement to comply with the provisions
of this paragraph 5.29 and the agreement referred to in clause (d);
(f) arrange either for a performance bond or bonds or a labour and
materials supply bond or bonds (as required by the Director) that may
be accessed by the Municipality in accordance with the provisions of
agreement referred to in clause (c), provided that the bond (or bonds)
is satisfactory to the Director, acting reasonably; and
(g) prior to July 31, 1998 deposit a certified copy of bond or bonds
referred to in clause (f) with the Director.
i
Subdivision Agreement Page 71
(2) Without derogating in any way from the other provisions of this Agreement,
if the Owner defaults in performing any of its obligations under paragraph
5.29 (1) (a) to (g) inclusive, without prior notice to the Owner, the
Municipality may draw upon the Performance Guarantee and construct or
complete the construction of the Reconstruction of Regional Road 22 Works.
5.30 Cost of Works, Neighbourhood Park Works, Parkette "A" Works and Parkette "A"
Furnishings Referred to in Schedule "G"
Except as may be otherwise provided in a Credit Agreement made by the Owner, the
Owners of the 289143 Lands, the 765450 Lands respecting among other matters, the
Neighbourhood Park Works, the Parkette "A"Works and the Parkette "A"Furnishings and
the Municipality, the Owner shall pay the total cost of each of them. The Owner will not
seek any payment, 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, unless in the case of storm water drainage the Owner is a party to a Front-Ending
Agreement with the Municipality made under the Development Charges Act with respect to
the oversizing of a storm drainage Work to accommodate drainage from lands other than
the Lands if such Agreement provides for benefiting owners other than the Owner to make
front-ending payments in respect of any one or more portions of either or both of the Storm
Sewer System or the Stormwater Management System.
ARTICLE 6 - COMPLIANCE WITH REGULATIONS
In exercising its rights and in performing its covenants under this Agreement, the
Owner shall comply with all regulations and laws of general application and all by-laws of
the Municipality and the Region. Without limiting the generality of the foregoing, at all
times the Owner shall comply and cause all contractors, sub-contractors and suppliers of
materials and services in connection with the construction, installation and maintenance of
the Works to comply with the provisions of the Occupational Health and Safety Act, and
the Workers' Compensation Act.
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 or block on the registered Plan of Subdivision for Phase 1 of the
Development of the Lands, the registered Plan of Subdivision for Phase 2 of the
Subdivision Agreement Page 72
Development of the Lands, and the registered Plan of Subdivision for Phase 3 of the
Development of the Lands, as the case may be, 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 or block 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 or block in
question; and
(c) the maintenance of fencing required by Schedule "G", paragraph 4.2, and
paragraph 4.12(b).
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.
Subdivision Agreement Page 73
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the
day and year first above written and the Parties hereto have hereunto affixed their corporate
seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND ) THE CORPORATION OF THE
MU IPAL OF CLARINGTON
DELIVERED )
In the presence of. ) M
Clerk
ROBIN S E VELOPNMS INC.
)
nn
Na Title:
LAURENTIAN BANK OF CANADA
Trustee for those RRSP accounts as set out
SallySlak°Way in Schedule 1- diereof
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Superrr�or.PJI0 i9a9
Self-Directed
Rebrem®nt Prop acts Name: Title:
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Title:
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BANK OF MON EAL
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Name: VUS ick Title:
Mar����-mot
Name: Charles Blue Title:
Account Manager
M.R.S. TRUST OMPANY Trustee for those
RR M s s se out in Schedule 2 hereof
A r- ,,,(——Name: BRUCE SHEPHERD Title:
'VICE-PRESIDENT-COMMERCIAL MOP1,16AGES
Name: Edward L. Merchand Title:
Senior President and C.F.O.
)
Page 74
COVE MANAGEMENT (NEWCASTLE)
CORPORATION
Per: --70
Na eU"-E��)N;scA
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Title:
I have the authority to bind
the Corporation
C.
Per:
Ross Lyn
Authorized Signing fficer
I have the authority to bind
the Corporation
SCHEDULE "1"
Laurentian Bank RRSP Accounts
RRSP #204001559
In Favour of Heather Jenkins
As to an undivided $11,000
interest
RRSP #204001559
In Favour of Heather Jenkins
As to an undivided $3,450
interest
RRSP #204001379
In Favour of Edwin Meyers
As to an undivided $65,000
interest
RRSP #204001379
In Favour of Edwin Meyers
As to an undivided $8,600
interest
RRSP #204001607
In Favour of Elizabeth Glenney
As to an undivided $23,000
interest
RRSP #204001607
In Favour of Elizabeth Glenney
As to an undivided $4,300
interest
RRSP #204001576
In Favour of James Duckworth
As to an undivided $25,000
interest
RRSP #204001576
In Favour of James Duckworth
As to an undivided $3,800
interest
RRSP #204001548
In Favour of Verna Duckworth
As to an undivided $28,000
interest
RRSP #204001548
In Favour of Verna Duckworth
As to an undivided $4,500
interest
RRSP #204000566
In Favour of Daphne E. Reid
As to an undivided $24,000
interest
RRSP #204000565
In Favour of Daphne E. Reid
As to an undivided $2,174.87
interest
RRSP #204000566
In Favour of Daphne E. Reid
As to an undivided $3,044.82
interest
RRSP #204000566
In Favour of Daphne E. Reid
As to an undivided $3,100.00
interest
RRSP #204001567
In Favour of Helen Erickson
As to an undivided $19,000
interest
RRSP #204001567
In Favour of Helen Erickson
As to an undivided $8,100
interest
For RRSP #204000772
In Favour of Newton Walpert
As to an undivided $39,000
interest
RRSP #204001568
In Favour of Robert Richardson
As to an undivided $23,000
interest
RRSP #204001568
In Favour of Robert Richardson
As to an undivided $3,000
interest
RRSP #204000699
In Favour of James Hird
As to an undivided $34,000
interest
RRSP #204000699
In Favour of James Hird
As to an undivided $4,500
interest
For RRSP #204001566
In Favour of Ellen Hughes
As to an undivided $27,000
interest
RRSP #204001521
In Favour of Alieen Kirchsteiger
As to an undivided $30,000
interest
1bL2RSP #204001521
In Favour of Alieen Kirchsteiger
As to an undivided $4,000
interest
RRSP #204000703
In Favour of Martha Chan
As to an undivided $20,000
interest
RRSP #204000703
In Favour of Martha Chan
As to an undivided $4,893.45
interest
RRSP #204000703
In Favour of Martha Chan
As to an undivided $2,700
interest
For RRSP #204001503
In Favour of Ellen Britton
As to an undivided $34,000
interest
For RRSP #204001503
In Favour of Ellen Britton
As to an undivided $4,500
interest
RRSP #204001554
In Favour of Elaine Friars
As to an undivided $11,000
interest
RRSP #204001554
In Favour of Elaine Friars
As to an undivided $2,000
interest
RRSP #204001327
In Favour of Vincent Vasey
As to an undivided $25,000
interest
RRSP #204001596
In Favour of Richard Ranta
As to an undivided $23,000
interest
RRSP #204001596
In Favour of Richard Ranta
As to an undivided $3,000
interest
RRSP #204001757
As to an undivided $53,000
interest
RRSP #204000993
In Favour of Antonio Ciancio
As to an undivided $39,000
interest
RRSP #204000993
In Favour of Antonio Ciancio
As to an undivided $5,300
interest
RRSP #204001564
In Favour of Gilda Oliverio
As to an undivided $32,000
interest
RRSP #204001564
In Favour of Gilda Oliverio
As to an undivided $4,300
interest
RRSP #204001589
In Favour of H. Howard Smith
As to an undivided $10,000
interest
RRSP #204001589
In Favour of H. Howard Smith
As to an undivided $2,000
interest
RRSP #204001551
In Favour of Kumiko Maddock
As to an undivided $45,000
interest
RRSP #204001551
In Favour of Kumiko Maddock
As to an undivided $6,000
interest
RRSP #204001561
In Favour of Brian McGill
As to an undivided $10,000
interest
RRSP #204001561
In Favour of Brian McGill
As to an undivided $5,000
interest
RRSP #204001003
In Favour of S. Ross Tresidder
As to an undivided $20,000
interest
RRSP #204001703
In Favour of Sandra St. Pierre
As to an undivided $17,000
interest
RRSP #204001703
'In Favour of Sandra St. Pierre
As to an undivided $12,000
interest
RRSP #204001703
In Favour of Sandra St. Pierre
As to an undivided $1,800
interest
RRSP #204000514
In Favour of Terry Marek
As to an undivided $3,806.02
interest
RRSP #204000431
In Favour of Robert McDevitt
As to an undivided $3,806.02
interest
RRSP #204000775
In Favour of Margaret Jenkins
As to an undivided $4,893.45
interest
RRSP #204000744
In Favour of Fred von Veh
As to an undivided $17,398.95
interest
RRSP #204000684
In Favour of Dan Tomlinson
As to an undivided $7,612.04
interest
RRSP #204000728
In Favour of Ray Plante
As to an undivided $6,524.60
interest
RRSP #204000513
In Favour of Robert Phillips
As to an undivided $10,221.88
interest
RRSP #204000468
In Favour of Berkley Howard
As to an undivided $25,000
interest
RRSP #204000468
In Favour of Berkley Howard
As to an undivided $3,044.82
interest
RRSP #204000919
In Favour of Catherine Hickey
As to an undivided $6,959.58
interest
RRSP #204000993
In Favour of Antonio Ciancio
As to an undivided $39,000
interest
RRSP #204000993
In Favour of Antonio Ciancio
As to an undivided $5,300
interest
RRSP #204001564
In Favour of Gilda Oliverio
As to an undivided $32,000
interest
RRSP #204001564
In Favour of Gilda Oliverio
As to an undivided $4,300
interest
RRSP #204001589
In Favour of H. Howard Smith
As to an undivided $10,000
interest
RRSP #204001589
In Favour of H. Howard Smith
As to an undivided $2,000
interest
RRSP #204001551
In Favour of Kumiko Maddock
As to an undivided $45,000
interest
RRSP #204001551
In Favour of Kumiko Maddock
As to an undivided $6,000
interest
RRSP #204001561
In Favour of Brian McGill
As to an undivided $10,000
interest
RRSP #204001561
In Favour of Brian McGill
As to an undivided $5,000
interest
RRSP #204001003
In Favour of S. Ross Tresidder
As to an undivided $20,000
interest
RRSP #204001703
In Favour of Sandra St. Pierre
As to an undivided $17,000
interest
IRRSP #204001703
In Favour of Sandra St. Pierre
As to an undivided $12,000
interest
RRSP #204001703
In Favour of Sandra St. Pierre
As to an undivided $1,800
interest
RRSP #204000514
In Favour of Terry Marek
As to an undivided $3,806.02
interest
RRSP #204000431
In Favour of Robert McDevitt
As to an undivided $3,806.02
interest
RRSP #204000775
In Favour of Margaret Jenkins
As to an undivided $4,893.45
interest
RRSP #204000744
In Favour of Fred von Veh
As to an undivided $17,398.95
interest
RRSP #204000684
In Favour of Dan Tomlinson
As to an undivided $7,612.04
interest
RRSP #204000728
In Favour of Ray Plante
As to an undivided $6,524.60
interest
RRSP #204000513
In Favour of Robert Phillips
As to an undivided $10,221.88
interest
RRSP #204000468
In Favour of Berkley Howard
As to an undivided $25,000
interest
RRSP #204000468
In Favour of Berkley Howard
As to an undivided $3,044.82
interest
RRSP #204000919
In Favour of Catherine Hickey
As to an undivided $6,959.58
interest
RRSP #204000479
In Favour of Ronald Barry
As to an undivided $5,654.66
interest
RRSP #204002989
In Favour of Terence Kelly
As to an undivided $10,874.34
interest
RRSP #204001536
In Favour of Yvonne Redknap
As to an undivided $7,000
interest
RRSP #204001719
In Favour of Doreen Forsyth
As to an undivided $10,000
interest
RRSP #204001719
In Favour of Doreen Forsyth
As to an undivided $2,000
interest
RRSP #204001546
In Favour of Sallie Baun
As to an undivided $30,000
interest
RRSP #204001546
In Favour of Sallie Baun
As to an undivided $3,400
interest
RRSP #204001704
In Favour of Erika Bradley
As to an undivided $14,000
interest
RRSP #204001704
In Favour of Erika Bradley
As to an undivided $2,000
interest
RRSP #204001696
In Favour of Susan Chilcott
As to an undivided $15,800
interest
RRSP #204001696
In Favour of Susan Chilcott
As to an undivided $2,000
interest
RRSP #204001695
In Favour of Ralph Rowe
As to an undivided $60,300
interest
RRSP #204001695
In Favour of Ralph Rowe
As to an undivided $6,000
interest
RRSP #204000588
In Favour of Clayton Cary
As to an undivided $20,700
interest
RRSP #204000588
In Favour of Clayton Cary
As to an undivided $2,300
interest
RRSP #204001634
In favour of Deidre Van Der Pryt
As to an undivided $12,300
interest
RRSP #204001634
In favour of Deidre Van Der Pryt
As to an undivided $10,000
interest
RRSP #204000931
In Favour of Pierre Bocti
As to an undivided $10,000
interest
RRSP #204001348
In Favour of David Sugden
As to an undivided $29,000
interest
RRSP #204001709
In Favour of Phyllis Lappan
As to an undivided $10,000
interest
RRSP #204001707
In Favour of Pierino Civitillo
As to an undivided $22,000
interest
SCHEDULE "2"
M.R.S. Trust RRSP Accounts
RRSP #1640689
In Favour of Janet Cooper
As to an undivided $13,200
interest
RRSP #1640689
In Favour of Janet Cooper
As to an undivided $1,300
interest
RRSP #1627744
In Favour of Carol Bulla
As to an undivided $24,500
interest
RRSP #1627744
In Favour of Carol Bulla
As to an undivided $2,500
interest
RRSP #1628791
In Favour of Joyce Fisher
As to an undivided $25,000
interest
RRSP #1628791
In Favour of Joyce Fisher
As to an undivided $2,400
interest
RRSP #1802776
In Favour of Doreen Rowe
As to an undivided $7,000
interest
RRSP #1859313
In Favour of Christine Johnston
As to an undivided $19,000
interest
RRSP #1898281
In Favour of James Mudge
As to an undivided $10,000
interest
RRSP #1898281
In Favour of James Mudge
As to an undivided $2,000
interest
RRSP #1843465
In Favour of R.E.G. Wilson
As to an undivided $2,000
interest
RRSP #2000982
In Favour of Patricia Currie
As to an undivided $8,000
interest
RRSP #1843481
As to an undivided
$20,000 interest
RRSP #1843465
As to an undivided
$20,000 interest
RRSP # 1802701
in favour of
Jacqueline Taylor
As to an undivided $15,000 interest
RRSP No.
1629476 in favour of
Maria Apostolos
As to an undivided $19,000
interest
RRSP No.
1640093 in favour of
Gary Hirlehey
As to an undivided $10,000
interest
RRSP No.
1641927 in favour of
Esther Rosenberg
As to an undivided $10,000
interest
RRSP No.
1645381 in favour of
Brenda Stewart
As to an undivided $10,000
interest
RRSP No.
1644311 in favour of
Douglas Wilson
As to an undivided $25,000
interest
75
SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
LEGAL DESCRIPTION OF LANDS
Part of Parcel 35-1, Section Concession 1 Newcastle (Darlington) being Part of Lot 35,
Concession 1, of the Geographic Township of Darlington and part of the road allowance
between Lots 34 and 35, Concession 1, of the Geographic Township of Darlington
designated as Parts 3 and 4 on a plan of survey deposited in the Land Registry Office for
the Land Registry Division of Durham (No. 40) (the "Land Registry Office") as Plan 1OR-
1673.
76
SCHEDULE "B"
THIS SCHEDULE IS SCHEDULE 'B" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
PLAN OF SUBDIVISION
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78
SCHEDULE "C"
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
CHARGES AGAINST LANDS
(1) Municipal Taxes - to be paid upon execution of Agreement
(2) Local Improvement Charges - to be paid upon execution of Agreement
(3) Drainage Charges - to be paid upon execution of Agreement
79
SCHEDULE "D"
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
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 246 single family dwellings; 47 semi-detached
lots (94 dwellings); 111 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 ($1,989,119.00)
dollars payable as follows:
SCHEDULE OF PAYMENTS OF DEVELOPMENT CHARGES
1. PHASE I OF THE DEVELOPMENT OF THE LANDS
Phase I of the Development of the Lands consists of (13) single family dwellings;
(40) semi-detached dwellings; (69) townhouse units. Subject to the adjustment
referred to in paragraph 3.4 (1) of this Agreement the aggregate amount payable is
four hundred and seventy-one thousand, two hundred and sixty-seven dollars
($471,267.00) payable as follows:
(a) Twenty-five (25%) percent of the aforesaid aggregate amount being
$117,816.75 dollars on the filing of an application for a building permit for the
first (1st) dwelling proposed to be constructed on the Lands (the "First
Application"), provided that if the number of building permits for which
applications are made in the first (1st)year following the making of the First
Application exceeds thirty-one (31) building permits, the Owner shall pay
with each application for a building permit for each additional dwelling a
further amount equal to the amount of the Development Charge imposed by
the Development Charge By-law for the additional dwelling or dwellings in
question (the "First Excess Payment").
(b) Twenty-five (25%) percent of the aforesaid aggregate amount being
$117,816.75 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-two (62)
building permits, the Owner shall pay with each application for a building
80
Schedule "D" - 2 -
permit for each additional dwelling a further amount equal to the amount of
the Development Charge imposed by the Development Charge By-law for the
additional dwelling or dwellings in question (the "Second Excess Payment").
(c) Twenty-five (25%) percent of the aforesaid aggregate amount being
$117,816.75 dollars less an amount equal to the aggregate of the First Excess
Payment and the Second Excess Payment, if any, on the second (2nd)
anniversary of the First Application, provided that if the number of building
permits for which applications are made in the second (20 year following the
making of the First Application ninety-two (92) building permits, the Owner
shall pay with each application for a building permit for each additional
dwelling a further additional amount equal to the amount of the development
charge imposed by the Development Charge By-law for the additional
dwelling or dwellings in question (the "Third Excess Payment").
(d) Twenty-five (25%) percent of the aforesaid aggregate amount being
$117,816.75 dollars less an amount equal to the aggregate of the First Excess
Payment, the Second Excess Payment, and the Third Excess Payment, if any,
on the third (3rd) anniversary of the First Application.
Provided that if a credit is available under a Credit Agreement made by the Owner
and others with the Municipality under Subsection 13(2) of the Development
Charges Act, the amount of the credit, when available, may be deducted from any
one or more of the above payments or amount of Development Charges if permitted
by the Credit Agreement.
II. PHASE SUBSEQUENT TO PHASE I OF THE DEVELOPMENT OF THE LANDS
(a) Twenty-five (25 17c) percent of the aggregate amount in respect of dwellings proposed
for each Phase Subsequent to Phase I 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").
81
Schedule "D" - 3 -
(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 (1st) year following the making of the First
Application exceeds fifty (50 01o) percent of the Total Dwellings, the Owner shall pay
with 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 01o) 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 Application exceeds seventy-five (75%)
percent of the Total Dwellings, the Owner shall pay with each application for a
building permit 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.
Provided that if a credit is available under a Credit Agreement made by the Owner
and others with the Municipality under Subsection 13(2) of the Development
Charges Act, the amount of the credit, when available, may be deducted from any
one or more of the above payments or amount of Development Charges if permitted
by the Credit Agreement.
82
SCHEDULE "E"
THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been
authorized and approved by-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
(1) On the execution of this Agreement, the Owner shall deliver to the Municipality
transfers of the following easements:
Rear Yard Catchbasin Easements:
Parts 1 and 2, Plan 40R- - Internal Rear Yard Catchbasin between
Block 36 and Lot 29;
Parts 3 and 4, Plan 40R- - Internal Rear Yard Catchbasin between
Block 35 and lot 31;
Parts 5 and 6, Plan 40R- - External Rear Yard Catchbasin.
Stormwater Management Easements:
Parts 1, 2 and 3, Plan 40R-17416 - Drainage Outfall Channel
Part 1, Plan 40R-16898 - Interim Water Quantity and Quality Pond
Part 1, Plan 40R- - Temporary Sediment Pond
Neighbourhood Park Related Easements:
Parts 1, 2, 3 and 4, 5, - Temporary Right-of-Way to
7 and 8, Plan 40R Neighbourhood Park
Part 9, Plan 40R- - Temporary Right-of-Way to
Neighbourhood Park
(2) Easements for the rear yard catchbasins 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 at 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
83
Schedule "E" - 2 ,
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 to the Municipality any turning circle(s) required by the
conditions of approval of the draft Plan of Subdivision in accordance with the
Municipality's Design Criteria and Standard Drawings and shall construct and
maintain such turning circles in accordance with the Municipality's Design Criteria
and Standard Drawings. Such temporary turning circles shall be held by the
Municipality until the extension of the Street at which time the block shall be
conveyed without charge to the owners of the abutting lots.
(5) Temporary turning circle easements shall be transferred to the Owner of the abutting
lots at such time as the temporary turning circle(s) is removed and the roadway
extended through for a nominal consideration.
(6) 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.
(7) The easement across Part 9, Plan 40R- will be released to the Owner
of the land within Plan 18T-95023 in accordance with requirements of Schedule "S",
Ontario Municipal Board Conditions of Approval (Clause 18).
SCHQ4U I REGSTRT ACT I ,
PLAN 4OR- /bX l
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PLAN OF SURvET OF
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I ( 34 I BETWEEN LOTS 34 AND 35.
CONCESSION I AND PART OF
OCR - 30 i I LOT 35, CONCESSION i
2I• G*bVGAk TOWWA P OF W LMTON
C)1 i j f1 BETWEEN tors I 34 ( AMD ( MUNICIPALITY OF CLARINGTON
W I •»-�+•• f ---r srn,.- .--- I ( �• REOIONN.wjmvALITY of DURHAM
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METRIC:
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r AND PART OF THE ROAD
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r ALLOWANCE BETWEEN LOTS
--- 34 do 35. CONCESSION
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MUNICIPALITY EMLWX AUrY OF OURWO GTON
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f w..r.s'9 •.M 77 � �/7r �' � 2f' z { ' ( .sl•.Mwrrr+r.wr..»r..ar.wz.
j y t � r = �{ , -� -" '� — �*» f // rwe rr•.m.•.rJU.ssr.•s•rr wr•
j89� PI�KARD / GATE If ~_ r ; s // I it r•M r.aml»Y w Y..m[•a
t f Zt 1 u=. ' w «'�'� r • r '"7 ! lit i (i r� wswwMrw»I.»• Wrsr»•.ar.w�r'•'
1 � � . ;� i wr.�i.rB I f I A M,w•.l.wr.r,.w[•.rw.r.MrwM�.
19 16 17 16 15 IA 13 1'j 11 lO B IN
..Iww. wrwrw rr•.
/ ROBINSON RIDGE MNUA%wm wc.
'`, ,Iwr.��n�M a1�•IMII
NOTES:
rw.r lrm.wrl..rrrrrrrmrw•M
. r ! � � 4 � ts• rf // l ( •r...•...w rl•,r.r.r••w•r..wN. i
.w.rr...wrt.
R~ t ---- 1J IWO lfl I Il IIII.a W.•.m.lrl•rwr....l,wr»mre•.
t{t{r $ i •, I w ( � �' A�. // I I I r.»w wr•rruwrsr.urmw.
47$ r rw•rw r I
I !( r rms•...rl.lu'rl.snlla...a.
10�P ' S I') ;Z.-*' " ! w mews 1'wu 1••r
'`, !1! /El I ;r I .•�h.•..w.r.wr.r.KW.,1...I...
TI
i vOwwo wr,w TE
= I �J F ' lit .......w_.
' _ _. ,:` f f• ,' l �'
SURVEYO...•.TWAT..-......
t »• i dL � � ;�, .,.r I � RS CERTIFlGTE
j 1ZL_, --• r f w.•ymt »r h ..W.N»r. law Ml.
r �! i f � < <' A�. i' nv �~ nw w= I 1 w»w•nrMw•rrwwl.l wrl. �
1 " 1 ■ ! j.",. a •.M•N..rs4.rrlM.__..zr..._.-.._.Ir».
BLOCK CA
1 f = zo l i1 ! , wyl,. •S• ; j 3 i -' o r ew« I I Ir.a»ww»
' s Ir W
r ' 1 7r —- `�`� ,/•;�'� s - a c mla,r.as mnm
Low a Foal .Ila.ww
�•\.» ( " S ('� °`.`...`.1 'e 'tip'. % e -'rt'1 l J.D. BARNES
PLAN 40R-
....... 1 REQUIRE THIS PLAN TO DE
/ DEPOSITED UNDER THE LAND RECEIVED AND DEPOSITED
TITLES ACT.
DATE ..................... ,
'. .-_.-.._%..., DATE .....................
..........
�.� ..................... LAND REGISTRAR FOR THE
LAND TITLES DIVISION OF
__ __ •...�_....." -.�.....-._ '/ / wtario IoM II/•+T•• DUIMIAAI(NO.4O,
PMT 1:PART OF PARCEL 35-1.SECTION CON.1 NEWCASTLE IDARUNGTON
Q�
z / / PLAN OF SURVEY OF
- REGISTERED PLAN 40M— PART OF LOT 35
PARCEL PLAN— I/ SECTION 40M- CONCESSION I
BLOCK 54
os..o•NiT _ Geographic TOWNSHIP OF DARLINGTON
BLOCK 45 MUNICIPALITY OF CLARINGTON
REGIONAL MUNICIPALITY OF DURHAM
SCALE 1 : 500
to D 10 20 30
SD ` /hP / MNno A/oINM
■
it 11.5r'OD•E slli r / J. D. BARNES LIMITED - 1997
ID IJDU �. BLOCK
METRIC: DISTANCES SHOW ON THIS PLAN ARE IN METRES AND CAN
BE CONVOKED TO FEET BY DMDMIC BY o.30"
MI•Dr tlt LT• Y S.W.CONNER
- __-._ "'I•,o RBLOCK AT NOTES
• -•_ Q�� / /
BEARINGS HEREON ARE ASTRONOMIC AND ARE REFERRED TO
THE SOUTHERLY LIMIT OF BLOCK h AS SHOWN ON RECMTEREO
•,•_��.. 9, \ PLAN WOM- .HIWRND A BEARD OF NT9.37.00'W.
.. -•• \ /_ / O DENOTES SU VEY MONUMENT PLANFEo
...•>r:":;�.:._ - • DENOTES SURVEY►ONL EM FOLIO
SIB DENOTES STANDARD IRON yR
Joe DEMOTE:J.O.BARES LIMITED
AWA_OAOI A..
:. SIR
SURVEYOR'S CERTIFICATE
neon 1 CERTIFY THAT L
THIS SURVEY AND PLAN ARE CORRECT MOW ACCORDANCE WITH THE SURVEYS
-' AR.THE SURVEYORS ACT.THE LAND TITLES ACT.AND THE ORMU ATM4
N rl•u ao
• _ aa�.r.:_.: -,�-n:::
P7260 • M 2. THE SURVEY WAS COMPLETED ON THE DAT of .1957.
PART 3 -:r..: =-- -` PLAN I I I OR-1673 :.....
d DATE S.E.coon
ONTARIO LAND SURVEYOR
LOT 35..:r:.�"-'""""''� " CONCESSION I I I
SURVEYING MAPPING.
PARCEL 35 ! SECTION CON. I NEWCASTLE (DARLINGTON) I I LAND INFORMATION SERVICES
OFFICE OF ORION
.... ..•".".. 110 SCOTN COURT UNIT/46
_ - J.D. BARNES 0414 On me
- ...
LIMITED..
.._ DRANM BT:JA. CHECKED BY:S.E.C. REFERENCE ND.:
sr-25-�sa-w
..__. ...� ... - NOVEMBER A,1917 /—/8r254ESO/0/mq/4wO4.,
-` PLAN 40R—
1 REOURE THIS PLAN TO BE
_.. DEPOSITED UNDER THE IMO RECEIVED AND DEPOSITED
TITUS ACT.
BLOOR STREET EAST (REGIONAL ROAD No. 22)
DATE .....................
ROAD ALLOWANCE BETWEEN CONCESSIONS I AND 2 DATE ••...
N wD RELaSTRAR iOR THE
aJts1 owrJ RY i1
1AVI 0Q
W cowAA^ N Tt sH� --IM _�_E ��T1I S.E.COONS CUM NO 40 OF
1m a cw t \t.-- 9 976 �� sa+.w. .—I`F—.�' -- —• mwb WW s.+vryer DURI4M NO.�q
--`. - �1► � I ( PARTS 1.2.13:PART OF PARCEL 35-1.SECTKN CON.I NEWCASTLE(DARUGNTON)
1
_ 1D I PLAN OF SURVEY OF
0 PART OF LOT 35, CONCESSION I
1 Geogrophic TOWNSHIP OF DARLINGTON
u _a .. a ( Q CONCESSION I MUNICIPALITY OF CLARINGTON
LOT 35
0 PART 3 PLAN I IOR-1673 REGIONAL MUNICIPALITY OF DURHAM
PARCEL 35-1 Z SECTION CON. I NEWCASTLE(DARLKiNTON)
SCALE 1 : 300
to 0 10
mom
J. D. BARNES LIMITED — 1998
METRIC:
I DISTANCES SHOWN ON THIS PLAN ARE METRES AND CAN
W AD Q I a N BE CONVERTED TO FEET By DIVIDING BY 0.3048
.. M7t'46'OO•E
_J 1n _ aaD,J o,00 I NOTES:
0
3 I IAJAs 101 lAOi/ BEARINGS HEREON ARE ASTRONOMIC AND ARE REFERRED TO THE SOURIERL'F LKAIT
0 I OF
�O ��SHOWN ON PLAN 4011-17418 N
.HAVG
O U - -:'.;..:: I I O COMES SURVEY WINWENT PLANTED
w ■ DENOTES SLRVET WIALE ID
NT FOL
SIB DENOTES STANDARD IRON BAR
W - I IB DENOTES IRON BAR
w - JOB DENOTES J.D. BARNES LIMITED
UN
1005 DENOTES DEVAN t FLEISCH.VINI. O.L.S.
co - PI DENOTES PLAN ION-2025
3 ;I SURVEYOR'S CERTIFICATE
I CERTIFY TIIAT c
1. THIS SLI VET AND PLAN AM CORRECT AND N ACCORDANCE WITH THE SURVEYS
ACT.THE SUOVEVORS ACT.THE LAND TITLES ACT.AND THE REOUTATONS
I .. MADE UNDER THEM.
Ix
2. THE SURVEY WAS COMPLETED ON THE DAY OF .1998.
-i .............................. ...........I.......................
DATE S.E.COONS
`
.3c I .. ONTARIO LAND SURVEYOR
8� SURVEYING MAPPING.
LAND INFORMATION SERVICES
PART I PLAN I OR—2025 OFFICE OF ORINN
110 SCOTIA,COUIIT UNIT/46
J.D. .BARNES 1,91NDNT'�1°
lIN ONTARIO
609 725-1212
LABTED
IDRAWN BY:KJ. CHECKED BT:S.E.C. REFERENCE
97-25-468-06 OB
FEB.24th,1999. Nova/9TZ546BD/dp/Owp/g6BOg.y
METRIC DISTANCES SHOWN ON THIS PLAN ARE W'METRES AND
CAN BE CONVERTED TO FEET BY DIVIDING BY 9.3048. 1REOUIRE THIS PLAN TO BE PLAN 40R-
DEPOSITED UNDER THE
BLOOR STREET EAST LAND TITLES ACT. RECEIVED AND DEPOSITED
ROAD ALLOWANCE BETWEEN CONCESSIONS I AND 2 �n DATE--__—_.__ DATE
— — — — — — — — — — — `
S.E.COONS LAND REGISTRAR FOR THE
LOT _ ._ 35 ONTARIO LAND SURVEYOR LAND TITLES DIVISION OF
T DURHAM (No 40)
PART I TO 4 (BOTH INCLUSIVEI:PART OF PARCEL PLAN-I, SECTION 40M-
" �r ( PARTS 5 AND 6 :PART OF PARCEL 35-1,SECTION CON I NEWCASTLE (DARLINGTON
CONCESSION
' PLAN IOR- 1673 PLAN OF SURVEY OF
PART 3
SECTION CON.I, NEWCASTLE IDARLINGTONI PART OF LOTS 29 AND 31 AND
PARCEL 351
PART OF BLOCKS 35 AND 36
PART 5
PART 6 "- ;,: •OOH AREA = O.00Iho. "'"ao�� REGISTERED PLAN 40M- AND
AREA _ 0.001ha r3coo r PART OF LOT 351
j b:
4L600 16• '&°°° 16 '°'°° —�/-- - CONCESSION I
8 3 ;rL5OOj LSO 18;oSO L500 o� T 46• GG� GEOGRAPHIC TOWNSHIP OF DARLINGTON
o p °N N� A w .;m MUNICIPALITY OF CLARINGTON
m _ m ° v REGIONAL MUNICIPALITY OF DURHAM
BLOCK 36sy I M SCALE I: 500
rn o
.._y:s N M a o p 20
30 n*"
I t Dc;p- PLAN -I -
PARCEL o ° I o c A
h ; N o M h c 3 BLOCK 35 J.D. BARNES LIMITED 1997
$ �' $• $ .. ° I I °o o. -0 °o NOTES
•.. Pi ` `" BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE NORTHELY LIMIT OF
Q w w g• z w KILGANNON AVENUE AS SHOWN ON REGISTERED PLAN 40NI- HAVING A
a
Q" BEARING OF SE ANGLE BLOCK 35+ M
MONUMENT
I` Q Ig Q DENOTES SURVEY MONUMENT SET
-� - "¢g` SIB DENOTES STANDARD IRON BAR
—� — — M• 10.000 16 N IB DENOTES IRON BAR
L500 J L L500 B IB L500 J (-LS00 D.WE JOB DENOTES J. BARNES LIMITED
39,
BEAD'I ALL FOUND MONUMENTS ARE J.0.BARNES LIMITED UNLESS OTHERWISE NOTED.
�"`� �- AVENUE SURVEYOR'S CERTIFICATE
KILGANNON' ':' I CERTIFY THAT.
PARCEL-PARCEL STREETS-I L THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS
ACT,THE SURVEYORS ACT AND THE LAND TITLES ACT AND THE REGULATIONS
-' MADE UNDER THEM.
2.THE SURVEY WAS COMPLETED ON 1997
I
DATE---_— ____ ____
S.E.COONS
ONTARIO LAND SURVEYOR
Gj�a M� SUAVBYIIJ6-MAPIFIN G-LAND LNFORMATLONSERVICES
I ��G SE 1 _�.:••>> '><r,. ..:_ I I 10 9wnA C"T VW.49
M1� t: `°" ■� wKrsY.CNTAM LIN sin
• 19051723.02 FAX 19931723.4234
. -'�.k•_ J.Q BARNES rww 9r u[a®9r MEKNa M.
umaxD M.A.G. S.E.C. 97-25-468-02
NOVEMBER 131D, 1997
/usra/97254600/dD/dwq/2546802.dgn
I----- PLAN 40R-17Y/4,
ILOT 34 1 I I I COACf5sm/ .�a rw'1,'wn,•nw~I..a. .mw r..arlo
1 weer r wAw ,a - !,e 1 I
ra .....................
nI _
..................Ra ALLOWANCE WrwffN LOTS ye ll.•R41re 1011 AND �IG►--— ---------- ----_------------------- ---J--------_1__------
t wvrr7 P1,w — ------Kw=,sass -- a-Ita,o+m.il lawnallr
1 1�wNr 1 PtAM /pP - ,67!
r..r I:•wrtcl ro uoal a n•w w 1•wrr w.m.
wwr t+�M 1 \ (r I"" PLAN OF SURVEY OF
PART OF LOT 35
1 � 1 �; • �� I CONCESSION I
I s �._ t. wwI r Iwr how-r6ass I CAOWQPic TOWW-4W+OF DARLWOON
1;' �' `1" •_ ft+! I REGOWL.►MUNICIPAM of Cara�NA�1iNGTON
;,�' A% i SCALE 1 : 1230
s • w e r s
� \ r1r 11.•w
IiiIPSi6 / -----_--
_ •. '�'�� �� • .�� IS4 -( -- —_--- J.D.BARr1�5 LMAITED- 1996
1 u•we•• I 4 �e k AL I METRIC:whop row a/la n.•w0.I[e.o w u.
1 '� •y' •[o+l.rnw w/R.w..rw w•sR
( o wwr r /sA1r PART= /dv-eors K C 1+ I NOTES:
yy _a.•wcr re soar At >n su w n.11vv w.an' Ijl Rwwa Iw«,R,onass.n a lorw••w M t•Iw.Irl v
1 ` _ $• ` r� I ,�M.�M rrll i IUy Illgi.lrw{�w•wp I•Ilb'e1..
► I ( $w 1 � r � � I o wraas Sauer w..••r nn•Io
1 • .rwft!sus:.1•oAM ro.w
S 1 Z sr loan sroftw IRw r•
i.-1 1 1 a s P'4RT �t_ w , �'�• I ,a awwe.1•RI«tu.a sreo•.s.s.
1 `.�� s ocean ars�wrs n—M.•A.•.
_M� LL.. wl .Oi1[e wwos
PLAN I I LOT J3 1 rl • ICONCESSIOAI/ r also Nnl lalm
,aP-167! RW 3
P1AN low - 1673 I n aa.o ww1 1.1:.
n aR1U wdl IrF•Is
1 w ¢I I arras CW/.e•asenr tAWLAOM) n ooro w.•e•raae
I SURVEYORS CERTWICATE
i � � I P I i 1 wR111.•wl l
I.Mtwll.Yw wi111 d11[OwQr Ye wRi.iW/ie wwM
I � I_��I i .,wr..�..M•wo'iro.s..M1.11•wna.R..M
����JJJJ RWlaw Y10f 1rw MY.
N � �� '1 r i f.M VIYI.wlr—fw/Vra w M rIY M O amwM.�Ia•.�»
1T`L .wl i •NC •1.00
I � I � � I arolp 1.s.•wlw.1
1 p I 1 ® WO WOR 1ATIMI
i � vwa.rrl
e ALo--efrwfaranofa�//eNa uw � J.D. BARNES
W�
THE NI.M6C7PAUrr Or CWMW'raw
rw.ws•l. ewow wsfit. R,U•Le 110.1
f6a0
DETAIL'A' SCHEDULE REGISTRY ACT
_. .-- -. .._. . PLAN 40R—
------- n.r d=102m.anrr o.rr r ra••rlr rw ro r
...r d „rzaw w so,ro -
Or••rr bm M rMr
2 '/ .r bIr N.N•srr. rr
j 1 1•�1 �,•••,aj � .. wrrw wtp rb M
_ may rY �rlrin oNwo s
" �.y+�' 1 , KKM�AAIM Ylrl••[i.RdWfYM�6aY..
j 1
.. w• .war
( � t I PART 2 I r' I Arn o,r•,n••cr w wear r ar our r w,rrr r.[Nr
r!+-s��w •'b ~` +' • PLAN OF SURVEY OF
PART 4 ••�°;a, PART OF LOTS 34 AND 35
«.w•n.
( � ::-_�� �^' PART 3 �� (^=,• `b'� °� � CONCESSION I AND
PART OF THE ROAD ALLOWANCE
I BETWEEN LOTS 34 AND 35
CONCESSION 1
I - MN CIPAL LIP oF DARLINGTON
MUNICIPALITY OF CLARINGTON
REGIONAL MUNICIPALITY OF DURHAM
I------ _ Y - y w
LOT 34 r CONCESSION I
N - R• •.r-nar. .wn.
2 � I I - -....'. .. _... .. �. 6 S w w •s,.,,., i SCALE 1 �1000 r r r
ROAD ALLOWAACE BETWEEN LOTS
o - I I - - - - - AND 33 I J.D.BARNES LIMITED- 1998
— - —�� ---- ———— ------ -- ----- — METRIC:
-----ruy-----------m_,rr3--- :s ^,.' Is-as T rrrao s•.rw wr wrw wrn•orar
I•Jr ��-- amrrm wrarwwwrw oAea
o I — — — ,ai• --t— --------- era— " Z------------------sr— NOTES:
N ,
u ---I-- -------------- — ' ——————————————————— rno•ml...a.r outldr+si� rrro wrr r[rwaac rw rt rrwon
Olt
M Nwir WI I rrr 1 r•ll•rr-1M.rrw,r,
r,l•r b wne.rr.
j ... - - •N ,OwO rww INr W
I I
W I I ..- �`� i •rT 1 rrr iR-r[O b1 [OwOM[w[IWrBf
��` wT ,law velar
... .. \1 i ro ,Irarw♦eovw nanorw.oa.[.
In t 1'' w ,owes rslw•run Aro.e.L.a.
D: SEE DETAIL A* - \�'��\�`\ I n o•ww rrw r•1-tm
L
`�—/"[••iii---- --� i � "t�.� �.y �. � //�T\1, \ '/ '��
fJeJ I-C-+•. �.arsr'�� � i�� 'O'•+� f R �-os'a_ //���% ,��^I••��i rl�
ruAn lo,+r••r r __
a•'"r r i rr�rwr.ar • •� ! 0j SU S
RVEYORCERTIF"TE
---.- ----H ` r~ •ww,r• \ J• j// IAIIr rrTe
ror. _ •w~iy a r:;;�.'+ �„nTS gR /�/ _�—�-,__ r.li awrrr rul.r a•atwramara•rr•M Wr
. A �"ow w w ,,, v /// /� P � n•M ao[uwr,•r rt•r w•r.
I -
PART 3 I !. .PART 4 •4j' w / ART e.Mrrlw,r•swrwrM wr rw.
I
� I_!
—�x�e-- �' i 'oy, ....... .»_. ..._».. ..._.»...._..............».»..
I .•r a _- -. .:»_. 1� .tt_.i.u�a qq :.eesLi
_
ties 6. • � 7' wrI w�—�� j s,� • � I acre m•.r r•trna I rrtoril wa•e w•rwla
LOT 33 .. I I.O^I~. 11
+qR"T II q�r"'ry • — ' I
CONCESSION I lun v[wbr m d..Ms A
"M LAW NiOrIAIMP SEwom
1 SEE DETAIL
. ea••t•rrwrEr
\ `� . J J.D. BARNES
/
DETAIL 0
. - twi w.a o••N•n uc. ratan r.r
r-ro•ow•r
lr.a is not
a
r p
84
SCHEDULE "F"
THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
LANDS TO BE TRANSFERRED TO MUNICIPALITY
AND/OR CASH TO BE PAID IN LIEU THEREOF
DEDICATION OF LANDS
The Owner shall deliver to the Municipality in a form satisfactory to the
Municipality, transfers in fee simple absolute of the following lands:
PHASE I OF THE DEVELOPMENT OF THE LANDS
Block 318 on 18T-89037 (Block 46 on 40M-Plan) - Parkette "A"
Block 330 on 18T-89037 (Block 50 on 40M-Plan) - 4.83 Metre Road Widening
and Part 1 on 40R-Plan
Block 331 on 18T-89037 (Block 49 on 40M-Plan) - 2.0 Metre Road Widening
and Part 2 on 40R-Plan
Blocks 323-327 on 18T-89037 (Blocks 51-57,
on 40M-Plan and Part 3 on 40R-Plan _� - 0.3 Metre Reserves
Block 320 on 18T-89037 (Block 47 on 40M-Plan) - 9.0 Metre Wide,
Walkway/Easement
Block 319 on 18T-89037 (Block 48 on 40M-Plan) - 3.0 Metre Wide Walkway
Block 305 on 18T-95023 (Part 10 on 40R-Plan) - Neighbourhood Park
SUBSEQUENT PHASES TO PHASE I OF THE DEVELOPMENT OF SAID LANDS:
Block 330 on 18T-89037 - 4.83 Metre Road Widening
Block 331 on 18T-89037 - 2.0 Metre Road Widening
Blocks 322, 323, 324, 325, 326, - 0.3 Metre Reserves
328, 329 on 18T-89037
Block 321 on 18T-89037 - Stormwater Management
Block
85
SCHEDULE "G"
THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
WORKS AND PARK DEVELOPMENT 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:
WORKS REQUIRED
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, catchbasins and rear yard catchbasins and leads,
open channels, storm outfalls and structures and any other appurtenances and
oversizing as may be deemed necessary by the Director to implement the Master
Drainage Plan (the "Storm Sewer System");
(b) A stormwater management system consistent with the "Southwest courtice Master
Drainage Study", dated April, 1996, prepared by G.M. Sernas and Associates Ltd.
as finally approved by and on file with the Director of Public Works including the
addition of any contingency items and Works considered necessary by the Director
from time to time, of which he has given the Owner notice in writing (the "Master
Drainage Plan"), complete with any necessary oversizing, overland flow routes,
permanent detention and retention facilities, interim and permanent quantity and
quality control ponds and devices, outlets, erosion and sedimentation control
measures, temporary erosion control works, fencing, signing and landscaping,
associated piped and appurtenances, and any other facilities considered necessary
by the Director (the Stormwater Management System).
(c) A road system which accommodates the servicing of the Lands and implements the
Phasing and Staging Principles respecting external and arterial roads set out in
Schedule "Y". The road system shall provide 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 roadway, 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
86
Schedule "G" - 2 ,
exist,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, walkways and other
appropriate public lands, 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");
(e) "Reconstruction of Regional Road 22 Works"
(1) Installation of sanitary sewers, storm sewers and watermains, including all
mains,connections,manholes service connections,catchbasins,ditching,open
channels, storm outfalls and structures and any other appurtenances and
oversizing as may be required, and installation of subgrade, base granular
materials, base and curb and gutter, asphalt, traffic control, street signs,
street lighting and all streetscape components including street trees,
boulevard topsoil and sodding, and existing driveways restored to original
state consistent with Drawing No.P-106,Project No. 96001 prepared by G.M.
Sernas & Associates Ltd. dated December, 1996, as finally approved by and
on file with the Director, from Eastfield Street on draft Plan of Subdivision
18T-87041 westerly to Street'B" (Fenning Drive) on draft Plan of Subdivision
18T-89037.
(2) Installation of sanitary sewers, storm sewers and watermains, including all
mains, connections, manholes, service connections, catchbasins, ditching,
open channels, storm outfalls and structures and any other appurtenances
and oversizing as may be required, and installation of subgrade, base
granular materials, base and curb and gutter, asphalt, traffic control, street
signs, street lighting and all streetscape components including street trees,
boulevard topsoil and sodding, and existing driveways restored to original
state consistent with Drawings No.P-101 and P-108 prepared by G.M. Sernas
and Associates Ltd., draft dated November, 1997, as finally approved by and
on file with the Director, from Street 'B" (Fenning Drive) on draft Plan of
Subdivision 18T-89037, westerly approximately 100 metres.
(f) Storm Sewer Outfall Works"
Installation of storm sewers including storm sewer mains and connections,
manholes, service connections, catchbasins, ditching, open channels, storm outfalls,
signing, structures and any other appurtenances and oversizing as may be required,
consistent with Drawings No. P-101 and CH-001, Project No. 88214, prepared by
87
Schedule "G" - 3 -
G.M. Sernas and Associates Ltd. draft dated November, 1997, as finally approved
by and on file with the Director.
(g) "Interim and Permanent Stormwater Quantity and Quality Ponds"
Installation of all interim and permanent quantity and quality ponds, control
devices, outlets, erosion and sedimentation control measures, fencing, signing,
landscaping,associated piping and appurtenances consistent with Drawing No.ERS-
004, Project No. 88214, prepared by G.M. Sernas and Associates Ltd. draft dated
November, 1997, and Drawings SWM-001 and SWM-002, Project No. 96001,
prepared by G.M. Sernas and Associates Ltd. draft dated April, 1996, as finally
approved by and on file with the Director.
(h) "Outfall Works/Sediment Pond Works"
Installation of permanent and temporary storm sewers, headwalls, manholes,
channels,ditching,structures,sediment pond works,fencing and other related works
consistent with Drawings No. P-107 and ERS-001, ERS-002 and ERS-003 Project
88214, prepared by G.M. Sernas and Associates Ltd. draft dated November, 1997,
as finally approved by and on file with the Director.
(i) Related Works including grading, landscaping,fencing,noise attenuation measures,
walkway (including lighting) and other miscellaneous Works shown on the
Engineering Drawings and Grading and Drainage Plan (the "Related Works").
(j) "Parkette A Works"
Grading of the parkette lands, including all rough grading, fine grading, drainage
works, topsoiling and sodding of entire site and installation of all park site services
including hydro services, lighting, water services, a storm drainage system, storm
sewers and connections,manholes and catchbasins,surface and subsurface drainage,
ground cover and any other appurtenances or related works as may be required,.
consistent with Drawings No. L-1, L-2, L-3, L-49 L-5, DP1 and DP2, Project No. 97-
1246, prepared by Cosburn Giberson, Landscape Architects, draft dated December
4, 1997, as finally approved by and on file with the Director.
(k) "Parkette A Furnishings"
Asphalt and unit paved pathways, playground including all equipment, surface and
subsurface drainage, seating area equipment, waste receptacles, curbing, signage,
fencing and landscaping works including deciduous and coniferous trees,shrubs and
ground cover and any other appurtenances or related works as may be required,
consistent with Drawings No. L-1, L-2, L-3, L-4, L-5, DP1 and DP2, Project No. 97-
88
Schedule "G" - 4 -
1246, prepared by Cosburn Giberson,Landscape Architects, draft dated December
4, 1997, as finally approved by and on file with the Director.
(1) "Neighbourhood Park"
Grading of the park lands, including all rough grading, fine grading, drainage
works, topsoiling and sodding of entire site and installation of all park site services
including hydro services,water services, a storm drainage system, storm sewers and
connections, manholes and catchbasins, asphalt and unit paved pathways, 2 half
basketball courts,junior and senior play areas including all equipment, surface and
subsurface drainage, a softball field including fencing, infield surfacing and
furnishings,a park shelter,2 soccer fields including painted lines and posts,parking
provisions, seating area equipment,waste receptacles, curbing, fencing, signage and
landscaping works including deciduous and coniferous trees, shrubs and ground
cover and any other appurtenances or related works as may be required, consistent
with the preliminary conceptual Drawing No. C-1, Project No. 97-1246, prepared by
Cosburn Giberson, Landscape Architects, draft dated February 3, 1997, as finally
approved by and on file with the director.
STAGING OF THE WORKS
2) INITIAL WORKS
Storm Sewer System including all appurtenances;
Storm Sewer Outfall Works;
Outfall Works/Sediment Pond Works;
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) INTERIM STORMWATER MANAGEMENT SYSTEM
4) PERMANENT STORMWATER MANAGEMENT SYSTEM
5) STREET LIGHTING SYSTEM
89
Schedule "G" - 5 -
6) 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;
landscaping works, fencing, walkways and any remaining works not outlined
in paragraphs (2), (3), (4), (5), (7), (8), (9), (10) and (11) of Schedule "G".
7) RECONSTRUCTION OF REGIONAL ROAD 22
8) PARKETTE "A!' - WORKS
9) PARKETTE "A" - FURNISHINGS
10) NEIGHBOURHOOD PARK
90
SCHEDULE "H"
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
UTILITIES AND SERVICES REQUIRED
1. ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for the
design, provision and installation of an electrical supply system to serve the Lands, in the
locations as approved by the Director. All electrical services are to be installed
underground.
The Owner shall also make any necessary arrangements with any T.V. Cable
Company in order that the installation of any such system shall take place so far as
possible contemporaneously with the installation of other services so as to cause
minimum disruption of municipal services.
2. TELEPHONE SYSTEM
The Owner shall arrange with Community Telephone Limited and/or Bell Canada
for the design, provision and installation of a telephone system to serve the said Lands,
as approved by the Director. All telephone services are to be installed underground.
3. GAS SUPPLY SYSTEM
The Owner shall arrange with an appropriate gas company for the design, provision
and installation of a complete gas supply system to serve the said Lands, including gas
mains, and all appurtenant manholes, laterals, service connections, apparatus and
equipment in the locations as approved by the Director.
4. CABLE TELEVISION
The Owner shall arrange with the Cable Television Company having authority to
provide its services within the area of the Plan of Subdivision for the design, provision
91
Schedule "H" - 2 -
and installation of a complete cable television distribution system to serve the said
Lands. All cable television services are to be installed underground.
5. MAIL DISTRIBUTION SYSTEM
The Owner shall arrange with Canada Post for the provision and installation of a
mail distribution system to service the said Lands, in the location as approved by the
Director.
92
SCHEDULE "I"
THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
DUTIES OF OWNER'S ENGINEER
1. DESIGN WORKS AND PRIVATE WORKS
In addition to the other requirements of this Agreement, the Owner's Engineer shall
prepare all drawings, plans, studies, reports, estimates, calculations and documentation
for the consideration and approval of the Director, which 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.
93
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 this
Agreement, including Section 5 and Schedules "G", "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, restaking.
(b) To thoroughly inspect the construction, installation, and supply of materials
to ensure that all work is being performed in accordance with the Engineering
Drawings, the Municipality's Design Criteria and Standard Drawings and all
applicable law. The Owner's Engineer shall have the authority and
responsibility to immediately stop and/or reject any work, procedure, or
material which in his opinion does not comply with the Engineering Drawings,
the Municipality's 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.
94
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-
contractors and suppliers of materials and services, certificates of completion of sub-
contracts and proof of service and publication thereof in accordance with the provisions
of applicable legislation and make all of the foregoing available for examination by the
Director as required by the Director without cost. If any 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 REPORTS
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 drawings shall be prepared to the satisfaction of the
Director.
95
SCHEDULE "J"
THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been
authorized and approved By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
WORKS AND PARK DEVELOPMENT COST ESTIMATES
1. Storm Sewers $ 416,500.00
2. Roads - Year 1 $ 185,710.60
3. Roads - Year 2 $ 188,820.50
4. Street Trees $ 219350.00
5. Street Lighting $ 249600.00
6. Topsoil and Sod Boulevards $ 309000.00
7. Driveway Aprons $ 399040.00
8. Grading Right-of-Way $ 17,790.00
9. Noise Fencing $ 15,955.00
10. Siltation Control $ 19200.00
11. Channel and Interim Pond $ 949655.00
12. Parkette "A" - Landscaping Works $ 659000.00
- Furnishings $ 449970.00
13. * Neighbourhood Park (6.8 ac @ $65,000/ac) ($442,000.00 *)
14. * Reconstruction of Regional Road 22 ($171,319.70 *)
Sub-total $ 1,145,591.10
5 % Contingency Allowance $ 57,279.56
Sub-total $ 19202,870.66
10% Engineering Allowance $ 120,287.07
Sub-total $ 19323,157.72
7% G.S.T. Allowance $ 92,621.04
Sub-total $ 19415,778.76
Additional Allowance for Deferred
Performance Guarantee for Reconstruction
of Regional Road 22 and Neighbourhood Park $ 23,500.00
TOTAL PERFORMANCE $ 19439,278.76
GUARANTEE REQUIRED
* Items 13 and 14 to be secured at time of first reduction of Performance Guarantee.
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
96
Schedule "J - 2 -
have been approved by the appropriate Director as is required by this Agreement, a revised
Works and Parkland Development 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 and Parkland Development Cost Estimates shall be used as
a basis to adjust the Performance Guarantee in the event of an increase or decrease in the
Works and the Parkland Development Cost Estimates.
97
SCHEDULE "K"
THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been
authorized and approved by-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
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 results 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 other
property of the Municipality or to the property of any other person either directly
or indirectly by reason of the Owner undertaking the
98
Schedule 'V - 2 -
development of the said Lands together with any or all of the Works, Utilities and
Services pertaining thereto.
2. AMOUNTS OF COVERAGE REQUIRED
Policy or policies of insurance shall be issued jointly in the names of the Owner and
the Municipality and shall provide the following minimum 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 "L" of this Agreement.
4. TERM OF INSURANCE
The term of the required insurance shall commence no later than the day on 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 of the Works contemplated by this Agreement.
99
SCHEDULE "L"
THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
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 revisions 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 required to
install or construct or prepare to install or construct any of the Works pursuant to
or associated with any part of this Agreement have in fact obtained and are valid and
in good standing.
4. 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.
100
Schedule 'U' - 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 garbage and debris
from the said Lands in an orderly and sanitary fashion in a dump site off the said
Lands and approved by the Director. The Municipality shall not be responsible for
the removal or disposal of garbage and debris. The Owner shall deliver a copy of
this provision to each and every builder obtaining a building permit for any part of
the said Lands and to ensure that no burning of construction garbage or debris is
permitted on the said Lands. Without derogating from the foregoing provisions of
this paragraph, if the Owner 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 either with the Municipality's Design Criteria
and Standard Drawings, or in cases where criteria have not been specified by
the Municipality, with the Ontario Provincial Standards for Roads and
Municipal Services.
(2) Prior to the issuance of a Certificate of Completion, the Owner's Engineer,
in conjunction with the geotechnical engineer and where applicable structural
engineer, shall issue a certificate in a form acceptable to the Director,
101
Schedule "L" - 3 ,
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 "L".
(3) The Owner agrees that the Director may, at his sole discretion, employ a
geotechnical engineer to carry out independent qualitative 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.
102
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 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. MAINTENANCE OF INTERNAL ROADS
Prior to the placement of the base course of asphalt on any road required to
be constructed under this Agreement, the Owner shall remove any contamination of
the granular base course and repair and replace 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.
103
Schedule "L" - 5 -
13. WEED AND RAT CONTROL
After the commencement of construction the Owner shall institute upon the
Lands a program of weed and rat control to the satisfaction of the Director.
104
SCHEDULE "M"
THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day.of December 1997.
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 PHASE ONE 40M-PLAN
Lots 9-21 - Single Family Dwelling Units
Lots 1-9, 22-23 - Semi-Detached Dwelling Units
Blocks 34-45 - Townhouse Units
Block 46 - Parkette
Blocks 47 and 48 - Walkway/Easement
Blocks 49 and 50 - Road Widenings
Blocks 51 to 57 - 0.3 Metre Reserves
Block 58 - Future Development
LOT OR BLOCK NUMBER PERMITTED LAND USE
ON DRAFT PLAN 18T-89037
Lots 1-201, 206-217, 234-253 - Single Family Dwelling Units
Lots 202-205, 218-233, 262-268, 282-293 - Semi-Detached Dwelling Units
Blocks 305-313 - Townhouse Units
Block 316 - Separate School
Block 317 - Public School
105
SCHEDULE "N"
THIS SCHEDULE IS SCHEDULE "N' to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
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 LAND USE
ON DRAFT PLAN 18T-89037
Lots 100 to 111, inclusive, shall not be developed until such time the Director is satisfied
that these lands will not be required for the Stormwater Management System.
106
SCHEDULE "O"
THIS SCHEDULE IS SCHEDULE "O" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
LAND 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 Plan Agreement has been entered into with the
Municipality and the building permit complies in all respects with the terms of the Site Plan
Agreement.
LOT OR BLOCK NUMBER
ON DRAFT PLAN 18T-89037
Blocks 297 to 299, inclusive, (Blocks 37, 38, 39 on 40M-Plan) shall be subject to site plan
approval.
107
SCHEDULE 'P"
THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
- NOT USED -
108
SCHEDULE "O"
THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
CONSERVATION AUTHORITY'S WORKS
(1) The Owner shall submit the following reports to the Municipality of
Clarington and the Central Lake Ontario Conservation Authority,prior to any
on-site grading or construction or final approval of this plan, for review and
approval:
a) the intended means of conveying stormwater flow from the site, in
accordance with the conclusions and recommendations of the
Robinson Creek Master Drainage Study as amended April, 1994,
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 undertaken;
c) the means whereby erosion and sedimentation and their effects will be
minimized on-site during and after construction, in accordance with
the provincial"Guidelines on Erosion and Sediment Control for Urban
Construction Sites" and the Technical Guidelines - Erosion and
Sediment Control, February 1989,published by the Ministry of Natural
Resources; and
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 be
prepared and stamped by a registered professional engineer. The plan
must outline 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 of suspended solids or
109
Schedule "Q" - 2 -
sediment loading may be a violation of the Canada Fisheries Act. If
warranted, charges may be applied under this Act to the proponent
and their agents.
(2) If the Stormwater Management System include alteration of the Robinson
Creek watercourse, the Owner shall be responsible for incorporating natural
channel design features and revegetate adjacent lands to the satisfaction of
the Director, the Central Lake Ontario Conservation Authority, and the
Ministry of Natural Resources.
110
SCHEDULE "R"
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
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.
1
111
SCHEDULE "S"
THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been authorized
and approved by By-law No. 97-272 of The Corporation of the Municipality of Clarington,
enacted and passed the 15th day of December 1997.
ONTARIO MUNICIPAL BOARD's CONDITIONS OF APPROVAL
1. The Owner shall prepare the final plan on the basis of the o t r No. TUN 223 2,
subdivision, prepared by Tunney Planning Inc., identified as P r
Drawing No. D-1, revised and dated July 1996, which
dwellings,l 20 blo ks (111 unit
detached dwellings, 47 lots (94 units) semi-detached
for street townhouses, one block for a separate school,v ana management facipublic
ty,lone block
one block for a parkette, one block for a storm g
for a walkway (3 metre), one block for a walkway/easement (9 metre) and various
roads, road widenings and reserves.
2. The Owner shall dedicate the road allowances included in this draft plan to the
Municipality of Clarington as public highways.
3. The Owner shall name road allowances included this draft pl of to the satisfaction
of the Regional Municipality of Durham an d Municipality
4. The Owner shall convey all 0.3 metre reserves to serve appropriate road
ent re frontage
The Regional Municipality of Durham requires ar
local
onto Regional Road 22 (Bloor Street), save across the
with thep gist anon of
street access, conveyed free and clear of all encu mbrances
the plan.
$, The Owner shall convey a 4.83 metre road widening,Road,o to the unicipalityt of
draft plan, across the frontage onto Town ine
Clarington.
draft
6. The Owner shall convey a 2.0 metre road widening, shown t as Block 331 of Block on hto the
plan, across the frontage onto Townlme Road, due
Municipality of Clarington.
7. The Owner shall grant such easements as may be required for utilities, drainage and
servicing purposes to the appropriate authorities.
g. The Lands included in the draft plan sh the holding symbol removed
categories with a Holding (H) symbol, and that
until such time as the Municipality released a particular phase of development.
9. The Owner shall submit to the Municipality of revised noise dreport prepared
Municipality of Durham, for review and approval, a
by an acoustic engineer, based on projected a noise attenuation l Durham the
Region Planning Department, recommending
draft plan, in accordance with the Ministry of Environment and Energy guidelines.
The report shall also address to the satisfaction of the Municipality of Clarington,
the feasibility of achieving acceptable levels agreement a to implement the
agree in the municipality of Clarington's subdivision
recommended noise attenuation measures. The agreement shall contain a full and
complete reference to the noise report (i.e. author, title, date and any
revisions/addenda thereto) and shall include any required warning clauses identified
112
in
Schedule "S" - 2 -
the report. The report shall also address to the satisfaction of the Municipality of
Clarington, the feasibility of achieving acceptable levels of notice attenuation.
10. The Owner shall undertake a study to identify appropriate traffic calming measures
for Street A which are effective in reducing traffic speeds within the subdivision, in
particular, in the vicinity of the proposed school blocks and collector road
intersections, to the satisfaction of the Municipality of Clarington. The Owner shall
agree that the recommendations of the traffic calming study be implemented by the
Owner through the engineering of the subdivision.
11. The Owner shall retain a qualified landscape architect to prepare and submit a
landscaping plan to the Municipality of Clarington, based on the Municipality's
design criteria, as amended from time to time, for review and approval.
12. The Owner shall retain a professional engineer to prepare and submit a master
drainage and lot grading plan to the Municipality of Clarington, based on plans and
drawings that conform to the Municipality's design criteria, as amended from time
to time, for review and approval.
13. The Owner shall retain a qualified consultant to prepare and submit a tree
preservation plan, to be included on the engineering drawings, for the review and
approval of the Municipality of Clarington for review and approval.
14. The Owner shall submit the following reports to the Municipality of Clarington and
the Central Lake Ontario Conservation Authority, prior to any on-site grading or
construction or final approval of this plan, for review and approval:
a) the intended means of conveying stormwater flow from the site, in accordance
with the conclusions and recommendations of the Robinson Creek Master
Drainage Study as amended April, 1994, 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
undertaken;
c) the means whereby erosion and sedimentation and their effects will be
minimized on-site during and after construction, in accordance with the
provincial "Guidelines on Erosion and Sediment Control for Urban
Construction Sites" and the Technical Guidelines - Erosion and Sediment
Control, February 1989, published by the Ministry of Natural Resources; and
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 be prepared
and stamped by a registered professional engineer. The plan must outline 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 of suspended solids or sediment loading may be a violation of the
113
Schedule "S" - 3 -
Canada Fisheries Act. If warranted, charges may be applied under this Act
to the proponent and their agents.
15. The Owner shall convey Block 321 for a stormwater management facility to the
Municipality of Clarington.
16. The Owner shall convey Block 318 for a parkette to the Municipality of Clarington
in accordance with the provisions for parkland dedication of the Planning Act, as
amended.
17. Prior to final approval of this plan, the neighbourhood park in abutting draft plan
of subdivision 18T-95023 shall be dedicated to the Municipality of Clarington.
18. The Owner shall provide the Municipality of Clarington with a transfer for a
temporary easement of access, satisfactory to the Municipality, providing for access
by Municipal staff, contractors and the public over: 1) Lots 99 to 103,both inclusive,
on draft plan 18T-95023; and 2) the abutting portion of proposed Street A, if a final
plan of subdivision has not been registered on draft plan 18T-95023 for the lands
which include proposed Streets A and C . The Owner shall improve Street A to
make it appropriate as a temporary easement area. The temporary easement of
access shall terminate on the issuance of a certificate by the Municipality of
Clarington that the base asphalt on proposed Streets A and C in draft plan 18T-
95023 has been completed to the Municipality's satisfaction.
19. The Owner shall carry out a cultural heritage resource assessment and, through
avoidance or excavation/documentation, mitigate the development impacts to
significant heritage resources found, to the satisfaction of the Ministry of Culture,
Tourism and Recreation. Grading or other disturbances shall not take place prior
to the issuance of a letter of clearance from the Ministry to the Regional
Municipality of Durham.
20. The Owner shall enter into an option agreement with the Northumberland-
Clarington Board of Education for the purchase of the public school site to the
satisfaction of the School Board.
21. The Owner shall make the necessary arrangements with the Owner of abutting plan
of subdivision 18T-95023 so that the entire public school site is deliverable to the
Northumberland-Clarington Board of Education by the Owner of this draft plan.
22. The Owner shall agree in the subdivision agreement with the Municipality of
Clarington to reserve the Separate School Block, consisting of Block 316 of Plan
18T-89037, for a maximum period of seven years from the date of registration of the
Plan or any part thereof, during which time the Peterborough, Victoria,
Northumberland & Clarington Roman Catholic Separate School Board and the
Owner may negotiate a purchase and sale agreement or the site may be
expropriated.
23. 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 plan which are
required to service this plan. In addition, the Owner shall provide for the extension
of trunk 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
114
Schedule "S" - 4 -
satisfaction of the Regional Municipality of Durham, and are to be completed prior
to final approval.
24. The proposed phasing of the development of this plan of subdivision shall be
acceptable to the Municipality of Clarington and the Regional Municipality of
Durham to ensure that services are extended sequentially.
25. Prior to entering into a subdivision agreement,the Regional Municipality of Durham
shall be satisfied that adequate water pollution control plant and water supply plant
capacities are available to the proposed subdivision.
26. 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.
27. The Owner shall take all necessary action to provide adequate sight-lines on Bloor
Street East at the intersection with Street B to the satisfaction of the Municipality
of Clarington and the Region.
28. The Owner shall satisfy all requirements of the Municipality of Clarington, financial
and otherwise. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Municipality of Clarington
concerning the provision and installation of roads, drainage and other local services.
29. The subdivision agreement between the Owner and the Municipality of Clarington
shall contain, among other matters, the following provisions:
a) The Owner agrees to implement the recommendations of the noise report
required by Condition 9.
b) The Owner agrees to ensure that an acoustical engineer certifies that all
building plans have incorporated all noise attenuation measures required by
the report required in Condition 9.
c) The Owner agrees that no development shall take place in Phase and Stage
2A, shown on the Phasing Plan and Phasing Document prepared by G.M.
Sernas &Associates Ltd. dated July 1996, as finally approved and on file with
the Director of Public works, or on lands within any subsequent Phase either
(1) until such time as the Municipality's Council has included the works
necessary for the Phase and Stage in question within its four year capital
works forecast, or(2) until the Municipality has approved a budget allocating
funds necessary for each specific work that involves the expenditure of the
Municipality's funds including but not limited to development charge
revenues.
d) The owner agrees to prepare a park development plan'for the parkette
identified as Block 318 to the satisfaction of the Director of Public Works.
e) The Owner of the lands within Plan of Subdivision. 18T-89037 shall have
constructed the Parkette, Block 318, 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 71st dwelling unit
to be constructed on Phase and Stage 1A of the lands within this plan of
subdivision as shown on the Phasing Plan and Phasing Document prepared
115
Schedule "S" - 5 -
by G.M. Sernas & Associates Ltd., dated July 1996, as finally approved and
on file with the Director of Public Works.
The Owner shall construct the Neighbourhood Park on Block 305 on draft
Plan of Subdivision 1ST-95023, in accordance with the park development plan
for it, approved by the Director of Public Works prior to:
(i) the issuance of the building permit for the 248th dwelling unit to be
constructed on its combination of Plans of Subdivision 18T-89037, 18T-
95023 and the portion of 18T-95026 south of the Bloor Street
realignment as shown on the draft Plan of Subdivision; or
(ii) the issuance of the building permit for the 158th dwelling unit to be
constructed on the lands within draft Plan of Subdivision 18T-89037;
or
(iii) the issuance of the building permit for the 174th dwelling unit to be
constructed within draft Plan of Subdivision 18T-95023.
g) 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, as
shown on the Phasing Plan and Phasing Document prepared by G.M. Sernas
& Associates Ltd., dated July 1996, as finally approved and on file with the
Director of Public Works, to an urban profile for a local road from Townline
Road South to the westerly limit of New Bloor Street.
h) The Owner agrees that the lands within Phase 3 as shown on the Phasing Plan
and Phasing Document prepared by G.M. Sernas & Associates Ltd. dated
July 1996, as finally approved and on file with the Director of Public Works,
shall not be developed until Old Bloor Street has been reconstructed.
i) That the recommendations of the traffic calming study be implemented by the
Owner through the engineering of the subdivision.
j) That a Storm Water Management implementation report be prepared for this
development to the satisfaction of the Director of Public Works. This report
must incorporate storm water management principles that are in accordance
with the Master Drainage Plan for Robinson Creek dated January 1991 and
amended in April 1994, prepared by G.M. Sernas &Associates Ltd. as finally
approved by the Director of Public Works, and must specifically detail the
overland flow route for this plan of subdivision to the Storm Water
Management Facility.
k) That the Owner is responsible, financially and otherwise, for the design and
construction of the Storm Water Management Works deemed necessary by
the Director of Public Works to service the entire watershed for which this
plan of subdivision is a part of and to satisfy the requirements of the Master
Drainage Plan for Robinson Creek dated January 1991 and amended in April
1994 prepared by G.M. Sernas & Associates Ltd., as finally approved by the
Director of Public Works.
1) That if the stormwater management works include alteration of the Robinson
Creek watercourse, the Owner shall be responsible for incorporating natural
channel design features and revegetate adjacent lands to the satisfaction of
the Director of Public Works, the Central Lake Ontario Conservation
Authority and the Ministry of Natural Resources.
I
116
Schedule "S" - 6 -
m) That lots 100 to 111 inclusive shall not be developed until such time the
Director of Public Works is satisfied that these lands will not be required for
the Storm Water Management Facility.
n) The Owner shall construct temporary turning circles or alternatives,
acceptable to the Director of Public Works at the terminus of Streets A, B,G,
H and I, as well as any temporary internal road termini associated with the
development of this Plan of Subdivision. A number of lots as required will
remain "frozen" until such time as these streets are extended and constructed
to a finished urban roadway including Regional services and connections,
storm sewers, asphalt paving, curb and gutter, sodded boulevard, sidewalk,
street trees and street lighting for the entire frontage width abutting the
frozen lot.
o) The Owner shall fully service all future lots or development blocks abutting
the roads within this plan of subdivision that may be developed in future, to
the satisfaction of the Director of Public Works in conjunction with the
servicing of this development.
p) Blocks 297 to 299 shall be subject to site plan approval.
q) The Owner shall convey all easements, road widening, and reserves as
required by the Municipality to the Municipality free and clear of all
encumbrances.
r) The Owner shall pay to the Municipality, the development charges in
accordance to the Development Charge By-law, as amended from time to
time, as well as payment of a portion of front end charges pursuant to the
Development Charges Act if any are required to be paid by the Owner.
s) The Owner shall provide and install sidewalks,street lights,temporary turning
circles etc. as per the Municipality's standards and criteria.
t) The Owner shall cause all utilities, including,hydro,telephone, Cable TV, etc.
to be buried underground.
u) The Owner shall deposit with the Municipality, unconditional and irrevocable
Letters of Credit, acceptable to the Municipality's Treasurer, with respect to
Performance Guarantees, Maintenance Guarantees, Occupancy Deposits and
other guarantees or deposits as may be required.
v) The Owner shall comply with the architectural control requirements of the
Municipality.
w) That prior to the issuance of building permits, the Owner shall provide access
routes to the subdivision to meet Subsection 3.2.5.2(6)of the Ontario Building
Code and, that all watermains and hydrants, for the relevant Phase and Stage
shown on the Phasing Plan and Phasing document prepared by G.M. Sernas
& Associates Ltd., dated July 1996, as finally approved and on file with the
Director of Public Works, are fully operational. Further, the Owner agrees
that during construction, fire access routes be maintained according to
Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be
maintained as per Subsection 2.4.1.1 and open burning as per Subsection
2.6.3.4 of the Ontario Fire Code.
117
Schedule "S" - 7 -
x) The Owner agrees that where the well or private water supply of any person
is interfered with as a result of construction or the development of the
subdivision, the Owner shall at his expense, either connect the affected party
to municipal water supply system or provide a new well or private
watersystem 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.
y) The Owner shall supply on disk, in a CAD format acceptable to the
Municipality a copy of the proposed Plan of Subdivision as Draft Approved.
30. Prior to final approval of this plan for registration, the Ontario Municipal Board
shall be advised in writing by:
a) the Municipality of Clarington, how conditions 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12,
13, 141 15, 16, 17, 18, 24, 27, 28 and 29 have been satisfied;
b) the Regional Municipality of Durham, how conditions 1, 3, 4, 7, 9, 23, 24, 25,
26, 27 and 29a) have been satisfied:
c) the Central Lake Ontario Conservation Authority, how condition 14 has been
satisfied;
d) the Ministry of Culture, Tourism and Recreation, how condition 19 has been
satisfied;
e) the Northumberland and Clarington Board of Education, how conditions 20
and 21 have been satisfied; and
f) the Peterborough-Victoria-Northumberland and Clarington Separate School
Board, how condition 22 has been satisfied.
118
SCHEDULE "T"
THIS SCHEDULE IS SCHEDULE "T" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
TREE PRESERVATION PLAN
1) Phase I - Not Required
2) Any Phase Subsequent - To be Approved Prior to
to Phase I of the Development Registration of each Phase
of the Lands
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120
SCHEDULE 'V'
THIS SCHEDULE IS SCHEDULE "V" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
REQUIREMENTS OF OTHER AGENCIES
A. MINISTRY OF CULTURE, TOURISM AND RECREATION
The Owner shall carry out a cultural heritage resource assessment and, through
avoidance or excavation/documentation, mitigate the development impacts to significant
heritage resources found, to the satisfaction of the Ministry of Culture, Tourism and
Recreation. Grading or other disturbances shall not take place prior to the issuance of
a letter of clearance from the Ministry to the Regional Municipality of Durham.
B. NORTHUMBERLAND-CLARINGTON BOARD OF EDUCATION
The Owner shall enter into an option agreement with the Northumberland-Clarington
Board of Education for the purchase of the public school site to the satisfaction of the
School Board.
The Owner shall make the necessary arrangements with the Owner of abutting Plan of
Subdivision 18T-95023 so that the entire public school site is deliverable to the
Northumberland-Clarington Board of Education by the Owner of this draft plan.
C. PETERBOROUGH-VICTORIA-NORTHUMBERLAND AND CLARINGTON SEPARATE
SCHOOL BOARD
(1) The Owner hereby agrees to reserve Block 316 on draft Plan of Subdivision 18T-
89037 for a period of six (6) years commencing from the date of registration of the
Phase of the Subdivision within which Block 316 is located. The confirmation of
such Plan shall generally be in accordance with the configuration of Phase III as
contained in the Development Phasing Planning Document prepared for the
Southwest courtice Land Owner's Group by G.M. Sernas and Associates in July of
1996 in connection with the approval of Draft Plan 18T-89037.
121
SCHEDULE "W"
THIS SCHEDULE IS SCHEDULE "W" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
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. No substitution is allowed
except by written permission of the Director of Planning and Development.
(b) Dwellings sited at corners require full height masonry products on all
elevations.
2. 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%) percent exterior variations in elevations or colour schedule.
(b) Dwellings of identical elevation and/or colour schedule must be separated by
a minimum of four (4) dwellings.
122
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. EXTERIOR LOTS
(a) All dwellings constructed on lots having an exterior side yard abutting a
collector road or an arterial road shall incorporate 2 (two) or more of the
following architectural features in the design of the exterior dwelling facade;
i) a porch that wraps around both the front and the side of the dwelling;
ii) a secondary entrance feature for the dwelling;
iii) enhanced fenestration; and/or
iv) building design and style which is similar to, and complementary of,
the front elevation of the dwelling to the satisfaction of the Director
of Planning and Development.
Definition:
Exterior dwelling; facade:
The facade of the dwelling abutting the exterior side yard. Exterior side yard is the
same as defined in the Municipality's Comprehensive Zoning By-law.
5. 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 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.
123
SCHEDULE "X"
THIS SCHEDULE IS SCHEDULE "X" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
PHASING PLAN
124
SCHEDULE "Y"
THIS SCHEDULE IS SCHEDULE "Y" to the Agreement which has been
authorized and approved by By-law No. 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15th day of December 1997.
PHASING AND STAGING PRINCIPLES
For the purposes of this Agreement the "Phasing and Staging Statement" is the
following statement contained in this Schedule "Y". All references to arterial and external
roads are to roads that appear on Plate 5 of the Phasing Plan.
Certain of the works shown on the Phasing Plan 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 Works that are the responsibility of the Municipality, it is
understood and agreed that no 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 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 Owner agrees and the owners of the lands within
draft Plans of Subdivision 18T-95023 and 18T-95026 have agreed with the Municipality that
provided that the Works which are the Municipality's responsibility under this Phasing and
Staging Statement have been included either in 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 Work(s) is constructed.
The reconstruction of the intersections of New Bloor Street with Townline Road
South and the reconstruction of Prestonvale Road are the responsibility of the Region.
125
Schedule "Y" - 2 -
Although portions of their reconstruction is shown on the Phasing Plan to be undertaken
as Phases and Stages 1A and 2A, the Municipality and the Owner 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 Owner's exercise of its
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 Owner acknowledges and the owners of the lands within
draft Plans of Subdivision 18T-89037 and 18T-95026 have acknowledged that the
development of lots shown on the Phasing Plan 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.
Arterial and External Roads
(a) New Bloor Street
(i) Intersection with Townline Road South
The Region has confirmed 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 thereof has agreed to 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.
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Schedule "Y" - 3 -
The Region has confirmed 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 Owner and the owners of the lands within draft Plan of Subdivision 18T-
95023 and 18T-95026 are jointly and severally liable to the Municipality to 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 has, subject
to Regional Council approval, agreed to pay the incremental cost to widen the
roadway from a 10 metre to an 11.1 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 1C Works.
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 the 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 has confirmed 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 Owner and the owners of the lands within draft Plan of Subdivision 18T-
95023 and 18T-95026 are jointly and severally liable to the Municipality to 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 has, subject
to Regional Council approval, agreed to pay the incremental cost to widen the
roadway from a 10 metre to an 11.1 metre wide roadway. This road will be
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Schedule "Y" - 4 -
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 1C shown on the Phasing Plan, 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 1C 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 has confirmed 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
The 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 draft Plan of Subdivision 18T-
89037. The subdivision agreement respecting 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 1A of the development of the lands within draft
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Schedule "Y' - 5 -
Plan of Subdivision 18T-89037 when the Municipality determines that the
sidewalk is needed. The Municipality acknowledges that the sidewalk may be
required to accommodate residents in Phase and Stage 1B of the development
of the lands within draft Plan of Subdivision 18T-95023 in advance of the
development of Phase and Stage 1A.
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. The Municipality's 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.
(iii) 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
Townline Road South abutting this Plan of Subdivision which had been
incurred by the City of Oshawa. The Municipality's Staff will consider
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Schedule "Y" - 6 -
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 final Plan of Subdivision for Phase 1 of the
Development of the Land 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-95023 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.
(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
t
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Schedule "Y" - 7 ,
"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 1C 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 Owner and the owners of the lands within draft Plans of Subdivision 18T-
89023 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 draft Plans of Subdivision 18T-
89037, 18T-95023 and 18T-95026,the Municipality's 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 Owner shall not develop or permit or suffer any person to develop any
portion of Phase 3 of the Development of the Lands until Old Bloor Street
has been reconstructed in accordance with this paragraph (f).
(g) Extension of Old Bloor Street as East-West Section of Street T" (E-W Street
The Owners of the lands within draft Plan of Subdivision 18T-95023 at their
expense will reconstruct E-W Street T" 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
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Schedule 'Y' - 8 -
responsibility for Old Bloor Street is transferred to the Municipality, at the
request of the Owner and the owner of the lands within the draft Plan of
Subdivision 18T-95026, the Municipality's 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 Owner shall not develop or permit or suffer any person to develop any
portion of Phase 3 of the Development of the Lands until E-W Street T" has
been reconstructed in accordance with this paragraph (g).
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SCHEDULE "Z"
THIS SCHEDULE IS SCHEDULE "Z" to the Agreement which has been
authorized and approved by By-law 97-272 of The Corporation of the Municipality of
Clarington, enacted and passed the 15 the day of December 1997.
THREE PARTY AGREEMENT
AGREEMENT made as of this day of , 1998
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON
(hereinafter called the "Municipality")
OF THE FIRST PART
- and -
ROBINSON RIDGE DEVELOPMENTS INC.
(hereinafter called "Owner")
OF THE SECOND PART
- and -
(Insert Name of Contractor)
(hereinafter called the "Contractor")
OF THE THIRD PART
WHEREAS:
A. The Municipality and the Owner have entered into a Subdivision Agreement made
as of February , 1998 registered in the Land Registry Office for the Land Titles
Division of Durham (No. 40) as Instrument No. (the "Subdivision
Agreement"). It provides, among other matters, for the construction, installation,
supervision and maintenance of the Reconstruction of Regional Road 22 Works (as
defined in the Subdivision Agreement) and for the completion of such Works in
accordance with the time schedule set out therein;
133
Schedule 'Y' - 2 -
B. The Subdivision Agreement also provides that the Municipality shall be a party to
a construction contract for the Reconstruction of Regional Road 22 Works and that
the Municipality shall have the benefit of any performance bond or bonds, labour
and materials supply bond or bonds, and insurance benefiting the Owner under such
construction contract;
C. The Owner and the Contractor intend to enter into a construction contract for the
construction, installation and maintenance of the Reconstruction of Regional Road
22 Works (the "Construction Contract") and the Owner has delivered a true copy of
it to the Municipality; and
D. The parties are entering into this Agreement to give effect to the intent of the
Subdivision Agreement respecting the Reconstruction of Regional Road 22 Works.
NOW THEREFORE WITNESSETH that in consideration of the premises and covenants
hereinafter expressed and the sum of TWO ($2.00) DOLLARS of lawful money of Canada
now paid by each of the parties 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. Each of the Owner and the Contractor represents and warrants to the Municipality
that the facts set out in Recital C are true.
2. Forthwith after the execution of the Construction Contract by the Owner and the
Contractor, they shall deliver to the Municipality a performance and maintenance
bond or bonds or a labour and materials supply bond containing terms and
conditions satisfactory to the Municipality's Director of Public Works (the
"Director"). The bond or bonds may name the Owner as a beneficiary thereof and
shall:
a. name the Municipality as a beneficiary thereof;
b. be in an amount or a total amount not less than the total of the contract price
of the Construction Contract; and
C. be in a form and be issued by a surety company satisfactory to the Director
acting reasonably.
3. (1) If in the sole opinion of the Director, acting reasonably, the Owner has failed
to perform its obligations respecting the Reconstruction of Regional Road 22
Works as required by the Subdivision Agreement or to act with reasonable
expedition in performing such obligations and the Construction Contract has
been executed by the Owner and the Contractor, then the Director may at
any time and from time to time notify the Contractor in writing (the
"Notification") that the Municipality will from such time onward act as the
agent of the Owner with exclusive authority for all purposes to give
instructions under the Construction Contract to the Contractor. Forthwith
after giving Notification, the Director shall give the Owner written notice that
Notification has been given to the Contractor. Notwithstanding Notification,
except as otherwise provided in the Construction Lien Act (Ontario), the
Municipality shall not be responsible for the payment of any amounts payable
either prior to Notification or thereafter by the Owner to the Contractor
pursuant to the Construction Contract.
(2) Forthwith after Notification, the Director or his designate acting reasonably
shall quantify the work and materials which were supplied under the
Construction Contract prior to Notification and shall give written notice
thereof to the Owner and the Contractor. The Owner and the Contractor
shall be deemed to accept such written notice of quantities as accurately
stating those quantities. The Contractor covenants and agrees to cooperate
fully in such quantification and shall make available to the Director or his
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Schedule "Z" - 3 -
designate all records of the Contractor necessary for such purpose. After
Notification, the Contractor shall accept the instruction of the Director of his
designate (which designated person may be a consultant different from the
consultant appointed by the Owner pursuant to the Construction Contract in
which event the Contractor shall no longer accept the direction of the
consultant appointed by the Owner) to correct deficiencies, to perform all
warranties, and to perform all outstanding work necessary to complete the
Contractor's duty to perform the Construction Contract in accordance with
its provisions.
4. Whether or not Notification is given, the Owner and the Contractor agree that the
Municipality shall be the beneficiary of all warranties contained in the Construction
Contract whether such warranties are made by the Contractor or by other suppliers
of materials or services respecting the Reconstruction of the Regional Road 22
Works.
5. The Municipality shall be named as an insured person in all policies of insurance
required to be maintained by the Contractor by the Construction Contract.
Forthwith after execution of this Agreement by the Contractor, the Contractor shall
deliver to the Municipality a copy of such policy or policies of insurance certified by
the insurer and signed by an officer of the insurer.
6. The Owner and the Contractor hereby acknowledge, covenant and agree with the
Municipality:
(i) that except as otherwise provided in this Agreement, after Notification, this
Agreement shall constitute the direction and sole and sufficient authority to
the Contractor to deal exclusively with the Municipality with respect to all
matters arising under the Construction Contract and the Contractor is hereby
irrevocably authorized by the Owner to rely upon Notification from the
Municipality without requiring any further proof of default by the Owner
under the provisions of the Subdivision Agreement;
(ii) that after Notification,the Municipality may exercise any of the Owner'rights,
powers, authority and discretion pursuant to the terms of the Construction
Contract;
(iii) to give prompt notice to the Director of any claim or litigation with respect
to the Construction Contract and of any default by the Contractor with
respect to the Construction Contract;
(iv) to execute and deliver to the Municipality at the Owner' sole cost and
expense all such further assurances as the Director may reasonably require
to give effect to the provisions of the Subdivision Agreement respecting either
the Reconstruction of Regional Road 22 Works or this Agreement;
(v) that the Contractor and Owner shall jointly and severally indemnify the
Municipality for, and to save and hold harmless the Municipality of and from
any and all liabilities, losses, costs, expenses or damages which the
Municipality may incur by reason of this Agreement, provided that the
Municipality complies with the provisions of this Agreement;
(vi) that after Notification, the Owner at all times shall perform and to observe
all of the Owner's obligations contained in the Construction Contract and
those imposed by the laws of the Province of Ontario; and
(vii) that without the prior written approval of the Director, acting reasonably, the
Owner shall refrain from waiving or accepting any failure of the Contractor
to perform its obligations under the Construction Contract, refrain from
135
Schedule "Z" - 4 -
permitting anything to be done or not to be done that would allow the
Contractor to terminate the Construction Contract, and refuse to consent to
any assignment of the Construction Contract by the Contractor to any other
person.
7. Notwithstanding Notification, except as otherwise provided in the Construction Lien
Act (Ontario), the Contractor hereby agrees to look strictly to the Owner for the
performance or discharge of all the Owner's obligations and liability under the
Construction Contract.
8. (a) The Owner and the Contractor covenant and agree with the Municipality that:
(i) they will forthwith execute the Construction Contract, continue it in
full force and effect, and ensure that it will constitute the entire and
only agreements between the Owner and the Contractor with respect
to the construction,installation and maintenance of the Reconstruction
of Regional Road 22 Works; and
(ii) no encumbrance or assignment of the Construction Contract or any
benefits and advantages to be derived the Construction Contract by
either the Owner and the Contractor will be made or suffered to be
made.
(b) The Owner and the Contractor represent and warrant to the Municipality that
there is no pending or threatened litigation, action, claim or fact known to
either of the Owner or the Contractor which has not been disclosed to the
Municipality in writing which may materially or adversely affect or could
affect in any way either the Construction Contract when it is executed by the
Owner and the Contractor or the rights of either party in under the
Construction Contract when it is executed by the Owner and the Contractor.
9. The Owner and the Contractor hereby covenant and agree with the Municipality:
(i) forthwith after the execution of this Agreement to execute and deliver an
originally executed copy of the Construction Contract to the Municipality;
(ii) not to cancel, amend or modify the Construction Contract after it is executed
by them without the prior written consent of the Director; and
(iii) not to execute any assignment of the Construction Contract after it is
executed by them without the prior written consent of the Director; and
10. The Owner and the Contractor acknowledge and agree 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 this acknowledgment and agreement.
I.I. This Agreement and the Construction Contract when it is executed by the Owner
and the Contractor may not be amended except with the written consent of the
Municipality and the Owner. The obligations of the Owner and the Contractor shall
not be affected or impaired by any insolvency, bankruptcy, liquidation,
reorganization, arrangement, composition, winding-up, dissolution or similar
proceeding involving or affecting either the Owner or the Contractor.
12. Any notice, request, communication or demand under this Agreement including
without limiting the generality of the foregoing the Notification shall be in writing
and shall be considered properly delivered when given or served personally or by
registered mail, or by telefax to the Municipality at 40 Temperance Street,
Bowmanville, Ontario UC 3A6 Attention: Director of Public Works, (Telefax: 905
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136
Schedule "Z" - 5 -
-623-9282) the Owner at 60 Centurian Drive, Suite 219, Markham, Ontario L3R 8T6
(Telefax: 905- (insert)) and to the Contractor at (insert). Such notice, request or
demand shall be deemed to have delivered either on the date it is delivered if given
or served personally, or telefaxed, or on the third day following mailing, if it is
mailed. If at any time notice is delivered by mail and there is any cessation (whether
anticipated or existing) of mail service affecting the delivery of such notice, the
notice shall not be deemed to have been delivered until five (5) business days after
the date that normal service is restored.
13. This Agreement shall be governed by and interpreted in accordance with the laws
of the Province of Ontario.
14. If any term, covenant or condition of this Agreement to any extent is held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby.
15. Time is of the essence of this Agreement.
16. This Agreement may be executed in several counterparts, each of which shall be
deemed to be an original, and all counterparts shall constitute one and the same
instrument. This Agreement shall not be binding and in effect until at least one
counterpart, duly executed by the Municipality, the Contractor and the Owner, has
been delivered to each party hereto.
17. This Agreement shall ensure to the benefit of and be binding on the parties hereto
and their respective successors and assigns.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by
the hands of the proper officers duly authorized in that behalf the day and year first above
written.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
By:
Diane Hamre - Mayor
c/s
And By:
Patti Barrie - Clerk
ROBINSON RIDGE DEVELOPMENTS INC.
By:
Name:
Title:
c/s
And By:
Name:
Title:
4
137
(Insert Name of Contractor)
By:
Name:
Title:
c/s
And By:
Name:
Title:
i