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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 THAT By-law No. 96-145 is repealed. 2.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 AA- Superrr�or.PJI0 i9a9 Self-Directed Rebrem®nt Prop acts Name: Title: Fait e i� tc and) Title: AVM,,. } BANK OF MON EAL ) 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 e� 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 I °� I i I •, ?2• oE� 4 II -- T o A V I F41�1 11 �) P (P P t W9 o � o. { 41' a'N _ : f >=K I 1ICI SWASSM OF . DRAFT PLAN Ak J i j_ OF SUMMIGN ter-89077 I I C— B, f7 O R`, & `E/E Y1 ) A S T PACT OF COT u tr O �. •• I I �l h 1 1I I I' I i Pare OF"M 31 MV=ants LOTS 34 A 31 • , CONCESSION 1 IM"OF DAMAKIM.Ow 1A M. 3� 1 1 I C I I l I I t 1 t I 11\ �. ; jT3,fj,��•� (.)..�, j S1. I-L;.'1 IN,G;� { I .., ► MUt�MCPAUTY OF CIAMNOMN "{ >•I I I r• "P fIr �L`�'1_ aOPIK M/9QM111 4 OUR" -1.1 Ill 1 ✓ ��• I I I.�...�.. II I.. S T R E E T 2 IIF .a, .:• .... '•w- w »- ra3aTa� wawri; .. ° ,;.. ,fi.1 :, .3 -w r w I I a. 11 J , 3 y a*° "r es fi E, T H- ,ra r r.RnNI)orw� SNT°r5I'.'nT. w.. .mll..osn Imw. _I I •I,a,al � I r3?I I ! \+• aw rn rr Sw m Sn�ss.yG iV �� ° � .�• �w s P!a r C tswwx SOx0. •• :.s ,�,II +� I I I I I I I III 1 � ._. � /�.� , w•S+afoM/ruwn -.m .: ,_ r rA .,. � �,r•w w +�M 1. h w - �,. I I a.oNts .. » uv I I i S T E T •,J' v �� � w - �� i....,\`�• I j .r..r3 33lSlr . un S T R E E !n"'�1 •, Q R ET •. Sp 3" \ \... 2 II ��.w.n.r. Iw.w w w. � •+i s.P3x°lt I II iOCxP Q s II i __ �. k3.Cw n.-3. �- • J r li S R E 7\' - i� I II�- •w m IM w w w\" �' � u3w.L w t � I `p ' I w � W . �� .... .., •,. - to ..... '. .,_ �� ..� gI I n r .I e c N w c. r S-T 7F E E T \iC► ( V)Rll,f II I ° ' MS F Y3NACfat a� -- I I I I I \ -M- � w � h3w-39•� I � im 1 wClq � �`.� 3x1x33 OTSAR M`4.M.-333Ya OEVEIWP 9N• Y Y ROBINSON R1DOE 3 L t i BGOOR STREET /.",y, F/I$T IBT-89037 �ir.• ,IL � � r4 PLAN 40M— .•,Sin ,R.. R 1 f. € I I r umra ism amrc nwx r�is uruwm�.s r3i My6pa of gNYK N.tl At e —LOCK BIDOR STRET EAST REGOaK ROAD Rv.PA -----_ "O1p r.asver.wm mKmcea,»•w rI nwcri aLa,Oe,m rwKn____—.ssrnx._ 7 ' Tr s rK wwbv '.'t"Y wo erowm ueaLa, ———— ——— — — F �a BLOCK 59 ` !"�, ji w':�`•& ; ° ?gl BLOCK 57=o IC u• ( uwada.r� 1 --- � r♦y I 2B wp_w.,y«.m� „.. ... w. _153 { I I I I°� SB : i 33 BOC 6 29 30 31 BLOCK 35 BLOCK SA 32 1 ' .".,...'Nws,.we.a e.o[;'rJ�iSr .rw..oV.l c .wIi-S,.IwwOi N«,.l..'o�araf PART OF LOT 35,'. CONCESSION a nw w rw I oi AND PART OF THE ROAD KILWWNON ALLOWANCE BETWEEN LOTS OErsL 34 & 35, CONCESSION I G w phk TOW I.F OF OARUKGTON 1 r g ' #�� ,' •i'" BLOCK�O :' �; — ' y 2 I, �_ I MUNICIPALITY OF CLARINGTON NE"IAL auNCIVEUTY OF awow ' • 3 a L • I )) - _ J.D.BARNES LIMITED 198 SCNE i ,000 a BL_ SS w r, = I 1 �BIC- 23 «. . — BLOCK- — L I Z. i l CINNERS CERTIFICATE B A s � � I M s m anw•,e.,: A7 ep =j— — a,,,r ! ^�-_L rm mrw.»b..s naei a,rr rA � N }+ v, t m I t-- 7 2a Ig1O1 Q 111 aP's T rP �� =TE !-10. 0 tv IN.•.r , sFF w,m .° ,° ".« ..» ..,, .- ms(.s+_ // B—L.°OI S° ` aEtr•e=� t " I I tt .19 IB 17 16 ,5 11 13 / a.mewar.b°.rar eurrar.arem�s w,r rw..a fA -IP 11- 10 V tv "" ; :....° ° °•.° _ b'/ /j I I I ROBINSON RWGE DEVELOPMENTS INC- II I '.' army .a.w �»•esa .... If I I twe ,a...w m.s. r• A Z) "� y oNO..TES.:.......°...a.sw..a�a,�m,K N x BLOCK 54 f � I I ;, �• � � _ /i I l ..w....,.iww.a.w.�....<....a..�.w-,...a. �, �D A p �- ...«.rie«ww.•«wt. `. B O d br- b I -- e. �+� / I II ,.a..wam,,.e°.w.b»...ww,w.wW. eD •�• ,7i cr A tr m I{ ! w I � 4r�t•- 'Q // I I aw .ae.a.e w ��„ � S , . J" �• '���i �s «b I a ate.* +�.r.a.r O � iV a I .e eee.eea a.aw.aw.sH..,.....s. A � � �+► o b I ��• I { { (1 c J '�"a.,o4 • I I"I'�1 a�..,J b on — w ris tiur,tyries . Ga M 0 fA rA aw 01 /�/ . ..............-_.-.._........ .r.. rA PICKARD GATE SURVEYOR'S CEFITIF ATE ,.7e --'; m•atrrt '_iaa rw.,�.b,s,..r®esaa•: wS/ n.....-'--w------_.-...,.. w�sm f q BLOCK 54 { « i i ; t �x f `m I I ......... ......_ ......--..... i f J 1 jl 1 �Q t �•�f I bAC «' Raw' '�'� wwrlM awRb m , _ s ......... `,� awK.aw wn'wa. 1 '\. I`l°�iG�}Y� uw raawrBK s.w�s AL aFTw r\ sR .ma � .�w � I J.Q. BARNES sCiaL 'B' w s 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 ... 4 iNS,st+»e n.N r r • - .rt>ns Kw rtsr�a rrno Ni0O1.»<u.. .asw....aw.i. I •-+.n-..• t i�.M]. rW .Jl.M. �.[t MM II[iiln a S'�°•.�- rn S.R�.NilX.17lG ���_ N i "- Itiwn r.r»t.wN a eria r-4asra oa.xretsnt�w.wn PLAN OF SURvET OF i —————p PART OF THE ROAD ALLOWANCE 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 �W i rKtr 4 °"•»i.C: _ ---- ----- ----- --------- --- ---------I---- ,—yr— .�! — SCALE. t i 1230r • r • 4 — — ---------- R.Rt�1 » / »•� ��—� ---------- s----- _—•----------.-------.-- —-- � !� �sn� `Li r. J.D.BARNES LIMITED— 19% � METRIC: NOTES r wa4s,.iar n rw.nr�w w m YI I poi 1 i=I FUJI, ctw Q »+.r w t.NN w r r4u»4wr s-4nw w sfcl OCR �+ewVUAN.AOr / n l•w4wa•st.a NrrwrN Mr nVTYS4gyl1u.W PAR 1 : tome awwr NNnar O—Is i 1 '' tas4n.w.sr r.aw rar it 35TM rw.r 4r w — .NO4n werr•+Y4r L-10 44.11.——.— NNM Iy6 r• i .f1�M�Nn.,4Nr aMI+NF�11M� I \ _u P,� •f w CAUTION . I / ... V �. T P M . M.NNIR r tK 11AIM4 M. «.I t SUR YORS CERTIFICATE I I � ,.....,,..»�.,...rawew■.s+N.N.s.m4,K.w.a. ( ( ra _I • PART 3 E� c �' t w m.aNt.4as ern wa nan • t.Mtnwyn.N{ON»\nr sl M NN W d1r. ...d8.(/.fl.Iffi. ....K,1 -- - ' A ® LAW SOVOUTM rPars�S J.D. BARNES �i";. �.-:f'. I w.N n.N,. ..o.►nr N�a. rNasp w., aw w S7REET ..AV tss7 mt IBT-89037 %:.1• � PLAN AOM- ....» IM\IIr,1�l..OMt[.O�lll[�,LILY 1 J.'R { s r ------------------------- mocl4 57REE7 EAST REGVAM ROAD Ab.27! =„°=x-62 i•r..or.rmm,mrmw.r•. »»Kn•mno w»wrw ..K -- ------- r.•• � y I.il.prwr mW.O.,»•. ! �L 1 f L r Fv`J S•. ---� — ---Via-N� �•r BLOCK 61----T ! T- ., •au"I,—A$ I€ g•.=. �{ I 1...mow 3U3 elnme x ■ 2 r»G.YItl.YM»1 r W I ��t i.`—� `••• ��r0► $•�, � i � ; �y'riw a.e.Yrr.rr.n°�'�+.� a•1p1•irs�.wli tij4! 1 C $z�1 ZD i g .� 29 SO 31 wOC9-13 It 9� !2 3! w.N I!I mrr•.,ww».r..rwwsrrurrwrorw OF 271 °'" — N— N, . �- :! 2. PART OFF LO T35 CONCESSION 1 r AND PART OF THE ROAD i. ... r �l 25 1 sE[•r,w ! I r /• KILGANNON • AVENUE I Z- s o.,..•A• «••• r ALLOWANCE BETWEEN LOTS --- 34 do 35. CONCESSION r 1 » I t!i 1 •7 Oi= •i? "7 i`y� �aa,o z I : " tN,• ••• j Ir r I6 CwW.M b TOw1iLIP OF WNLNGTON 1 { 1 ' • ! i'•»I�t i t t } ! A, I ; r( MUNICIPALITY EMLWX AUrY OF OURWO GTON h• I li e.l E 8� i 1 f r BLOCK]] j j g b R 1 J.D.BANES LM ITED-1998 �• / �I is -t ..:..- �� 1 i .�.. - N oar �` I !I swE / :1� 4 '� �,Jyi---=1--' ��,. i �• • • r • wrA• 1 ... 1 23 z �r.«r� L i� — --rf� ! I ��' rrrwl•wwt,w•»rrw•s•r r•"' I 3 I ( ( ow"mrs cEffrr"Im 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 74r—----------—---- EXIST. BLOOR STREET SEE Fj L I r----- ------T—� ffn I Imr-, 6L /0 W/o W/ 307 i i L 11 I r 0 r 0 co -�34,' r-• F [FU F I -------- i -i J— i3 - (5 . . . . .Lu1jj - CL 306 -------- --STREET STREET G -&f ftm KTA w a 04 ------ 40 "L CD ------ - CO YS W z ----- --9---- ------ —) io z --------- W/o ).-A ji LOCK 46 -H------ Rum To L11A.0 IM L*Preoft FILM 41�,!NWUTE oil ............. ----- -------- ...... tv ------- --—-—-—-—-— J4 tj H G " ------- co I its ------ CD + 0 CD Er -T co %o 0 W/o If O ol f 20 19 is 17 is 14 10 HHH co 0 co Ills o .............. Co -—--------- ............... STREET I CD PLuff UST ROBINSON RIDGE SUBDIVISION CASTLLYALE MANAGEMENT c 14 'nom.` m=% a—ah ... .. .... . 31 b P1 Y bk THE MUNIMPAILITY OF C(ARINGTON T- ------- i mom ENO P.M. r-1---- STREET TREE PLAN co bow 0 CD ----------------- "IZ —OKC D4/12/27 L1 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. r ` 126 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 127 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 128 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 r 129 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 i 130 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 r ' 131 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). 132 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 r 134 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 r 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