HomeMy WebLinkAbout98-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-9am
being a By-law to authorize entering into an Agreement with the
Owners of Plan of Subdivision 18T-91012 and any Mortgagee
who has an interest in the said lands, and the Corporation of the
Municipality of Clarington in respect of 18T-91012.
WHEREAS, Council on July 7, 1997, approved draft plan of subdivision 18T-91012, located
in Part Lot 28, Concession 1, Village of Newcastle, and authorize the execution of a
subdivision agreement with the Owner;
AND WHEREAS, the Owner(s) of draft plan of subdivision 18T-91012, is now ready to
proceed to finalize the subdivision agreement.
NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby
enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington, and seal with the Corporation's seal, an
Agreement between the Owners of Plan of Subdivision 18T-91012.
2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the
Municipality, the said conveyances of lands required pursuant to the aforesaid
Agreement.
BY-LAW read a first time this 15th day of June 1998.
BY-LAW read a second time this 15th day of June 1998.
BY-LAW read a third time and finally passed this 15th day of June 1998.
MAYOR
CLERK
r .,
THIS AGREEMENT made in quintuplicate as of this a s+ day of 2000.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
- and-
1138337 ONTARIO LTD.
SUBDIVISION AGREEMENT
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TABLE OF CONTENTS
ARTICLE 1 - INTERPRETATION AND SCHEDULES...............................................................2
1.1 Definitions................................................................................................................2
1.2 Schedules .................................................................................................................8
ARTICLE2 - GENERAL..........................:.....................................................................................9
2.1 Recitals in Operative Part of Agreement.................................................................9
2.2 Certification of Ownership ......................................................................................9
2.3 Copy of Plan and Agreements Required..................................................................9
2.4 Transfer of Easements............................................................................................10
2.5 Transfer of Lands...................................................................................................11
2.6 Registration of Transfers...................................................... ..............................11
2.7 Lands for School Purposes.....................................................................................11
2.8 Charge on Lands....................................................................................................12
2.9 Registration of Agreement.....................................................................................12
2.10 Renegotiation and Amendment of Agreement............... . ....................................12
2.11 Municipality to Act Promptly....................................... ....................................14
2.12 Assignment of Agreement.....................................................................................14
2.13 Replacement of Draft Plan with Final Plan(s).......................................................14
2.14 Notification of Owner............................................................................................15
2.15 Postponement of Mortgage................. ..................................................................15
2.16 Successors..............................................................................................................15
ARTICLE3 - FINANCIAL.....:.....................................................................................................15
3.1 Payment of Taxes...................................................................................................15
3.2 Payment of Local Improvement Charges...............................................................16
3.3 Payment of Drainage Charges................................................................................16
3.4 Payment of Development Charges.........................................................................16
3.5 Cash in Lieu of Land Dedication.........................:.................................................17
3.6 Performance Guarantee Required..........................................................................17
3.7 Use of Performance Guarantee...............................................................................18
3.8 Indemnification of Municipality............................................................................18
3.9 Insurance................................................................................................................18
3.10 Maintenance Guarantee Required..........................................................................18
3.11 Use of Maintenance Guarantee.......................:......................................................19
3.12 Reduction and Release of Performance Guarantee................................................20
3.13 Reduction and Release of Maintenance Guarantee................................................21
3.14 Payment of Municipality's Costs...........................................................................21
3.15 Unpaid Monies.......................................................................................................22
3.16 Occupancy Permit Deposit ....................................................................................22
ARTICLE4 -PLANNING............................................................................................................24
4.1 Tree Preservation Plan...........................................................................................24
4.2 Landscaping Plan and Landscaping Requirements. .............................................24
4.3 Use of Lands.................................. . ....................................................................26
4.4 Lands Unsuitable for Building
4.5 Lands Requiring Site Plan.....................................................................................27
4.6 Requirements for Building Permits.......................................................................27
4.7 Model Homes.........................................................................................................29
4.8 Architectural Control Standards ............................................................................31
4.9 Requirements for Sale of Lands.............................................................................31
4.10 Requirements for Occupancy Permit.....................................................................32
4.11 Cash in lieu of Lands for Park or other Public Recreational Purposes..................34
4.12 Special Conditions.................................................................................................34
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ARTICLE 5 - PUBLIC WORKS...................................................................................................39
5.1 Municipality Works Required................................................................................39
5.2 Utilities and Services Required..... .....................................................................39
5.3 Owner's Engineer...................................................................................................40
5.4 Design of Works....................................................................................................41
5.5 Engineering Drawings ...........................................................................................41
5.6 Approval of Grading and Drainage Plan................................................................42
5.7 Staging of Construction.........................................................................................43
5.8 Approval of Schedule of Works.............................................................................43
5.9 Approval of Works Cost Estimates and Stage Cost Estimates..............................43
5.10 Requirements for Authorization to Commence Works..........................................44
5.11 Requirements for Commencement of Subsequent Stages of Works .....................47
5.12 Inspection and Stop Work......................................................................................47
5.13 Construction in Accordance with Engineering Drawings......................................47
5.14 Sequence of Construction of Works......................................................................48
5.15 Completion Time for Construction of Works........................................................48
5.16 Additional Work..................................................:.................................................48
5.17 Incomplete or Faulty Works and Liens..................................................................48
5.18 Acknowledgment Respecting Emergency etc. Repairs .........................................50
5.19 Damage to Existing Services.................................................................................51
5.20 Damage to Neighbouring Wells (Rural Applications Only)..................................51
5.21 Use of Works by Municipality........................................... .............................53
5.22 Maintenance of Roads after Completion....... .....................................................53
5.23 Requirements for Certificate of Completion..........................................................54
5.24 Requirements for Certificate of Acceptance..........................................................54
5.25 Ownership of Works by Municipality...................................................................55
5.26 Requirements for Certificate of Release................................................................55
5.27 Not Used................................................................................................................56
5.28 Cost of Works Referred to in Schedule"G.. ..........................................................56
ARTICLE 6 - COMPLIANCE WITH REGULATIONS..............................................................56
ARTICLE 7 - RESPONSIBILITY OF SUBSEQUENT OWNERS .............................................57
ARTICLE 8 - TIME OF ESSENCE..............................................................................................57
ARTICLE 9 -AUTHORITY TO MAKE AGREEMENT............................................................57
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THIS AGREEMENT made in quintuplicate as of this a\stday of l � h�� , 2000.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter called the "Municipality")
OF THE FIRST PART
- and-
1138337 ONTARIO LTD.
(hereinafter called the "Owner")
OF THE SECOND PART
- and
THE BANK OF NOVA SCOTIA
(hereinafter called the "Mortgagee")
OF THE THIRD PART
WHEREAS:
A. The lands owned by the Owner which are affected by this Agreement are described in
Schedule "A" hereto, and are hereinafter called the "Lands";
B. The Owner represents and warrants that subject to Recital C it is the registered Owner of the
Lands in fee simple absolute;
C. The Owner represents and warrants,that the mortgagee is the only mortgagee or chargee of
the Lands;
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D. The Owner has received the approval of the Regional Municipality of Durham,to draft Plan
of Subdivision 18T-91012 of the Lands subject to compliance with certain conditions thereto
including the making of Subdivision Agreements with the Region and the Municipality,
respectively;
E. The Owner has applied to the Region for approval of a final Plan of Subdivision of the
Lands and to the Region and the Municipality, respectively, for the making of the aforesaid
Subdivision Agreements;
F. The Owner represents and warrants that it has or will enter into an Agreement with the
appropriate Public Utilities Commission or other authority or company having jurisdiction in the
area of the said Lands for the design and installation of the utilities and services referred to in
Schedule "H" and hereinafter called the "Utilities and Services".
G. The Owner represents and warrants that it will enter into Agreements with the Region and
the Municipality to satisfy their respective requirements, financial and otherwise in order to satisfy
certain conditions of approval by the Region of draft Plan of Subdivision 18T-91012;
H. This Agreement is made pursuant to the provisions of Subsection 51(6) of the Planning Act.
It is authorized by By-law No. 97-235 passed by The Corporation of the Municipality of
Clarington on October 27, 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:
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.
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(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 R.S.O.1990 c.B.13, as it may
be amended or replaced from time to time.
(fl "Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24 of
this Agreement.
(g) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23 of
this Agreement.
(h) "Certificate of Release" has the meaning assigned to it in paragraph 5.26 of this
Agreement.
(i) "Commissioner" means the Commissioner of Planning of the Regional
Municipality of Durham.
(j) "Construction Lien Act" means The Construction Lien Act, R.S.O. 1990 c. C.30
as it may be amended or replaced from time to time.
(k) "Cost Sharing Report" means the "Cost Sharing Report" referred to in Scheduled
"G" of this Agreement.
(1) "Council" means the Council of The Corporation of the Municipality of
Clarington.
(m) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this
Agreement.
(n) "Development Charge" has the same meaning as is assigned to the term in the
Development Charges Act R.S.O. 1990, c. D.9.
(o) "Development Charge By-law" means Municipality By-law 92-105 as it may be
amended or replaced from time to time, and the term includes a successor by-law to
By-law No. 92-105 which is passed under subsection 3(1) of the Development
Charges Act.
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(p) "Development Charges Act" means the Development Charges Act, R.S.O. 1990
c.D.9, as it may be amended or replaced from time to time.
(q) "Director" means the Director of Public Works of the Municipality of Clarington
or his designated representative.
(r) "Director of Community Services" means the Director of Community Services or
his designated representative.
(s) "Director of Planning" means the Director of Planning and Development of the
Municipality of Clarington or his designated representative.
(t) "Drainage Act" means the Drainage Act R.S.O.1990, c.D.17 as it may be amended
or replaced from time to time.
(u) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this
Agreement.
(v) "Final Works" has the meaning assigned to it in Schedule "G" of this Agreement.
(w) "First Application" has the meaning assigned to it in Schedule "D" of this
Agreement.
(x) "First Excess Payment" has the meaning assigned to it in Schedule "D" of this
Agreement.
(y) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this
Agreement.
(z) "Second Excess Payment" has the meaning assigned to it in Schedule "D" of this
Agreement.
(aa) "Third Excess Payment has the meaning assigned to it in Schedule "D" of this
Agreement.
(bb) "40M Plan" has the meaning assigned to it in paragraph 2.3 of this Agreement.
(cc) "Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of
this Agreement.
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(dd) "Initial Works" has the meaning assigned to it in Schedule "G" of this Agreement.
(ee) "Land Registry Office" has the meaning assigned to it in Schedule "A" of this
Agreement.
(ff) "Lands" has the meaning assigned to it in Recital A of this Agreement.
(gg) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of this
Agreement.
(hh) "Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(1) of
this Agreement.
(ii) "Master Drainage Plan" has the meaning assigned to it in Schedule "G" of this
Agreement.
6j) "Minister" means the Minister of Municipal Affairs, Ontario.
(kk) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1) of this
Agreement.
(11) "Municipality" means The Corporation of the Municipality of Clarington or any
official, designated by Council to administer the terms of this Agreement.
(mm) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1) of this
Agreement.
(nn) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph 3.16(1)
of this Agreement.
(oo) "Occupancy Permit Scale" has the meaning assigned to it in paragraph 3.16(2) of
this Agreement.
(pp) "Occupational Health and Safety Act" means the Occupational Health•and Safety
Act R.S.O. 1990 c. O.1 as it may be amended or replaced from time to time.
(qq) "Owner" means the Party of the Second Part to this Agreement, its successors and
assigns and when used to refer to a successor or assignee of such Party,or to another
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person, an owner includes an individual, an association, a partnership or a
corporation.
(rr) "Owner's Engineer" means a consulting civil engineer experienced in performing
the duties set out in Schedule "I" of this Agreement who or which is a partnership,
association of persons or a corporation that holds a certificate of authorization, in
their or its own name to practice professional civil engineering and is licensed to do
so under the Professional Engineers Act R.S.O. 1990 c. P.28 as it may be amended
from time to time provided that the Owner's Engineer shall not be the Owner, or an
officer, director, shareholder or employee of the Owner.
(ss) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6 of this
Agreement.
(tt) "Phase I of the Development of the Lands" means the development of the portion
of the Lands which is within the draft 40M Plan of Subdivision, a copy of which is
contained in Schedule "B".
(uu) "Phase Subsequent to Phase I of the Development of the Lands" means the
development of the whole, or any portion of the Land, which are not located within
the draft 40M Plan of Subdivision contained in Schedule "B" after such draft 40M
Plan of Subdivision has been registered against the title to the portion of the Lands
to which it applies, and if the first"Phase Subsequent to Phase I of the Development
of the Lands" includes only a portion of the Lands which are not located within such
draft 40M Plan of Subdivision, the term "Phase Subsequent to Phase I of the
Development of the Lands" means the development of each portion of the Lands
which is within a separate 40M Plan of Subdivision which is registered against the
title to the portion of Lands to which it applies.
(vv) "Planning Act" means the Planning Act R.S.O. 1990 c.P.13 as it may be amended
or replaced from time to time.
(ww) "Reapproved Engineering Drawings" has the meaning assigned to it in paragraph
5.5 of this Agreement.
(xx) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in
paragraph 5.6 of this Agreement.
(yy) "Region" means The Corporation of the Regional Municipality of Durham.
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(zz) "Related ,Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(aaa) "Road System" has the meaning assigned to it in Schedule "G" of this Agreement.
(bbb) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this
Agreement.
(ccc) "Security for the Maintenance Guarantee" has the meaning assigned to it in
paragraph 3.10(2)of this Agreement.
(ddd) "Solicitor" means the Solicitor for the Municipality.
(eee) "Stage Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this
Agreement.
(M) "Staging Plan" means the staging plan for the Lands approved by the Director of
Public Works pursuant to paragraph 5.11 of this Agreement.
(ggg) "Stormwater Management System" has the meaning assigned to it in Schedule
"G" of this Agreement.
(hhh) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of this
Agreement.
(iii) "Street Lighting System" has the meaning assigned to it in Schedule "G" of this
Agreement.
oij) "Temporary Occupancy Permit" has the meaning assigned to it in paragraph
4.10(2)of this Agreement.
(kkk) "Tile Drainage Act" means the Tile Drainage Act R.S.O. 1990, c. T.8 as it may be
amended or replaced from time to time.
(111) "Treasurer" means the Treasurer of the Municipality or his designated
representative.
(mmm)"Tree Preservation Plan" has the meaning assigned to it in paragraph 4.1(1) of
this Agreement.
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(nnn) "Utilities and Services" means the utilities and services referred to in Schedule
"H" of this Agreement.
(000) "Works" has the meaning assigned to it in paragraph 5.1 of this Agreement.
(ppp) "Workplace Safety and Insurance Act, 1997" means the Workplace Safety and
Insurance Act, 1997 s.o. 1997, c.16, Sch. A.
(qqq) "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.
(rrr) "Works Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this
Agreement.
(sss) "1997 Development Charges Act" means assigned to it in paragraph 5.27(2) of
this Agreement.
(2) Whether or not it so provides explicitly, every provision of this Agreement by which the
Owner is required to undertake any action shall be deemed to include the words "at the cost
of the Owner".
(3) Unless the context otherwise requires when used in this Agreement, the singular includes
the plural and the masculine includes the feminine.
1.2 Schedules
The following Schedules which are attached hereto, together with all provisions therein, are
hereby made a part of this Agreement as fully and for all purposes as would be the case if they were
set out in the text of this Agreement as covenants and agreements:
Schedule "A" - "Legal Description of the Lands"
Schedule "B" - "Plan of Subdivision(Reduction)"
Schedule "C" - "Charges Against the Lands"
Schedule "D" - "Schedule of Payment of Development Charges"
Schedule "E" - "Transfer of Easements(Reduction)"
Schedule "F" - "Lands to be Transferred to Municipality and/or "Cash to
be Paid in Lieu Thereof(Reduction)"
Schedule "G" - "Works Required"
Schedule "H" - "Utilities and Services Required"
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Schedule "I" - "Duties of Owner's Engineer"
Schedule 'T' - "Works Cost estimates"
Schedule "K" - "Insurance Required"
Schedule "L" - "Regulations for Construction"
Schedule "M" - "Use of the Lands"
Schedule "N" - "Land Unsuitable for Building"
Schedule "O" - "Land Requiring Site Plan Approval"
Schedule "P" - Not Used
Schedule "Q" - "Conservation Authority's Work"
Schedule "R" - "Engineering and Inspection.Fees"
Schedule "S" "Region's Conditions of Approval"
Schedule "T" - "Tree Preservation Plan(reduction)"
Schedule "U" - "Landscaping Plan(reduction)"
Schedule 'T" - "Requirements of Other Agencies"
Schedule "W" - "Architectural Control Standards"
ARTICLE 2 -GENERAL
2.1 Recitals in Operative Part of Agreement
The Owner represents and warrants to the Municipality that each of Recitals A to G of this
Agreement is correct.
2.2 Certification of Ownership
(1) On the execution of this Agreement, the Owner shall provide the.Municipality with a letter
signed by an Ontario Solicitor and addressed to the Municipality certifying as to the title of
the said Lands and setting out the names of all persons having interests in the said Lands
and the nature of their interests.
On the execution of this Agreement, the Owner shall provide the Municipality with a letter
signed by an Ontario Solicitor and addressed to the Municipality certifying as to the title of
any land outside the limits of the said Lands,which is to be conveyed to the Municipality or
in which easements are to be transferred to the Municipality pursuant to the terms of this
Agreement.
2.3 Copy of Plan and Agreements Required
On the execution of this Agreement,the Owner shall provide the Municipality with as many
copies as the Municipality requires of the final Plan of Subdivision of the Lands as approved by the
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Commissioner, the Minister, or the Ontario Municipal Board as the case may be. The draft final
Plan of Subdivision as proposed by the Owner (the "40M Plan") is contained in Schedule "B"
attached hereto. The Owner shall also furnish to the Municipality at the time of the execution of
this Agreement, one(1) copy of the final Plan of Subdivision which has marked on it the stamp of
approval of the Region, and a copy of the executed Subdivision Agreement entered into between
the Owner and the Region with respect to the Lands if the aforesaid Plan has been approved and
Agreement has been executed by the Parties thereto at the time of the execution of the Agreement.
If at the time of the execution of this Agreement, the aforesaid Plan has not been so approved
and/or the aforesaid Agreement between the Owner and the Region has not been executed, the
Owner shall provide the Municipality with a copy of the aforesaid Plan with the stamp of approval
of the Region marked thereon and/or a copy of the aforesaid Agreement executed by the Region
and the Owner forthwith after approval of the aforesaid Plan is granted and/or the aforesaid
Agreement is executed by the Parties thereto. The Owner shall also furnish to the Municipality, at
the time of execution of this Agreement, one (1) copy of each of the Agreement(s) entered into by
the Owner with the Clarington Hydro-Electric Commission or other authority or company having
jurisdiction in the area of the said Lands for the design and installation of the Utilities and Services,
or, if such Agreement(s) have not been executed at the time of the execution of this Agreement, the
Owner shall provide the Municipality with one (1) copy of each such Agreement(s) immediately
after each such Agreement(s)is executed by the Parties thereto.
2.4 Transfer of Easements
(1) On the execution of this Agreement, the Owner, at its cost, shall deliver to the Municipality
the executed transfers of easements which are set out in Schedule "E" and shall pay to the
Municipality in cash or by certified cheque the amount which is equal to any tax, fee or cost
payable at the time of or in respect of the registration of such transfers against the title to he
lands to which they apply. Such transfers shall be free and clear of all encumbrances and
restrictions, shall be made for a nominal consideration, shall contain provisions satisfactory
to the Municipality's Solicitor,and shall be in registerable form.
(2) If, subsequent to the date of registration of any Plan of Subdivision of the Lands or a plan(s)
of subdivision of any part(s) thereof, but prior to the issuance of a building permit(s) for
building(s)proposed to be constructed on a particular lot(s)or block(s), in the opinion of the
Director further easements in such lot(s) or block(s) are required to be transferred to the
Municipality, the Region of Durham, the Clarington Hydro-Electric Commission or other
appropriate authority or company for Municipality purposes, Region of Durham purposes
or for Utilities and Services, as the case may be, or for drainage purposes, the Owner agrees
to transfer to the Municipality, the Region of Durham, the Clarington Hydro-Electric
Commission or other appropriate authority or company, as the case may be, such further
easement(s) forthwith after a written request to do so is given to it by the Director.
Page II
Notwithstanding the foregoing, the Director shall not request such further easement(s), if its
creation would prevent the erection of a dwelling on any part of a lot(s) or block(s) shown
on the Plan. If further easements are requested to be transferred to the Municipality, the
Region of Durham, the Clarington Hydro-Electric Commission, or other appropriate
authority or company, as the case may be, the provisions of paragraph 2.4(1) shall apply
with all necessary changes to it being considered to have been made to give effect to the
intent of this paragraph 2.4(2).
2.5 Transfer of Lands
On the execution of this Agreement, the Owner shall deliver to the Municipality executed
transfers, sufficient to vest in the Municipality title in fee simple absolute free and clear of all
encumbrances and restrictions, of the lands set out in Schedule "F" hereto and shall pay to the
Municipality in cash or by certified cheque an amount 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.
2.6 Registration of Transfers
The transfers of easements and lands referred to in paragraphs 2.4 and 2.5 shall be prepared
by the Owner and shall be registered at the Owner's expense, at the same time as the Plan is
registered. If such transfers are of or in respect of lot(s) or block(s) which are to be defined on the
final Plan of Subdivision of the Lands when the Plan is approved and registered against title, the
registered number of the Plan shall be left blank and the Owner hereby authorizes the Municipality
to insert such Plan number after registration of the Plan.
2.7 Lands for School Purposes -NOT APPLICABLE
(1) On or prior to the execution of this Agreement, the Owner shall deposit with the
Municipality, a letter from each and every School Board having jurisdiction over the said
Lands stating that arrangements satisfactory to each and every School Board have been
made respecting the acquisition of any lands necessary for school purposes to serve the said
Lands.
(2) In the event that any School Board which has an option to acquire any lot(s) or block(s)
comprising part of the Lands does not exercise its option, forthwith after such School Board
fails to exercise such option, the Owner shall give notice to the Municipality in writing that
the School Board has not exercised its option. The Owner hereby grants to the Municipality
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an irrevocable option to acquire such lot(s) or block(s) on the same terms and conditions
including, without limiting the generality of the foregoing, the consideration to be paid to
the Owner, as the School Board could have acquired such lot(s)or block(s)by exercising its
option as aforesaid, except that the Municipality shall exercise the option hereby granted by
giving written notice to the Owner prior to the expiry of ninety (90) days after the
Municipality receives the aforesaid notice from the Owner that the School Board has failed
to exercise its option. The purchase of the lot(s)or block(s)in question by the Municipality
shall be completed within ninety(90) days after the exercise of the Municipality's option as
aforesaid.
2.8 Charge on Lands
The Owner hereby charges all its interest in the Lands with the obligations set out in this
Agreement.
2.9 Registration of Agreement
The Owner hereby consents to the registration of this Agreement or a notice thereof against
the title to the Lands. The Owner will not register, permit or suffer any person to register any
instrument after the registration of the final Plan of Subdivision against the title to the Lands unless
this Agreement and any transfers or other documents required to be furnished hereunder have first
been registered against the title to the Lands or the appropriate portion(s) thereof, as the case may
be. Without derogating from the foregoing, the Owner also hereby consents to the registration of
an Inhibiting Order(s) or a Caution(s) against the title to the Lands or the relevant portion(s)thereof
as the case may be, in order to give further effect to the foregoing and acknowledge that the
Municipality has reasonable cause to register an Inhibiting Order(s) or Caution(s) as the case may
be.
2.10 Renegotiation and Amendment of Agreement
(1) Following the occurrence of any of the events set out below in this paragraph 2.10 (the
"Renegotiation Events"), the Municipality may give written notice to the Owner requiring
that particular provisions of this Agreement specified in the notice shall be renegotiated and,
if necessary amended by the Parties. No later than the expiry of 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 auy neces uy amendmot(s) made to this Agreement, The
Renegotiation Events are the following:
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(i) the Region, the Minister, or the Ontario Municipal Board approves a final Plan of
Subdivision for the said Lands which the Municipality considers to be substantially
different from the 40M Plan proposed by the Owner;
(ii) the final Plan of Subdivision is not approved by the Region and registered against
the title to the Lands within eighteen (18) months after the date as of which this
Agreement is made;
(iii) either if a Subdivision Agreement between the Owner and the Region has not been
executed at the date as of which of this Agreement is made, or if such Subdivision
Agreement between the Owner and the Region has been so executed, it is amended
subsequent to the date as of which this Agreement is made, the provisions of such
Subdivision Agreement between the Owner and the Region, in the opinion of the
Municipality, affect materially the location or sizing of any of the Works to be
supplied and installed under the terms of this Agreement; or
(iv) construction or installation of any of the Works has not commenced within two (2)
years from the date of registration of the final Plan of Subdivision of the Lands
against the title to the Land;
Forthwith after the giving of written notice as aforesaid requiring the renegotiation of
specified provision(s) of this Agreement, the Owner and the Municipality will renegotiate
the same in good faith and with expedition. In the event that the renegotiation has been
completed or has not resulted in agreement by the Parties prior to the expiry of the twenty
(20) day period following the date on which the notice requiring the renegotiation is given
as aforesaid, at any time thereafter the Municipality may give the Owner written notice
declaring this Agreement to be terminated whereupon it shall terminate.
(2) On the termination of this Agreement by the Municipality declaring it to be terminated in
accordance with paragraph 2.10(1), none of the Parties hereto may make any claim against
the Municipality for damages for any loss or cost or make any claim against the
Municipality for compensation in respect of any of the Works, whether located in whole or
in part on land in which the Municipality has an interest. Notwithstanding the foregoing,
the Owner and the Municipality expressly agree that the covenants and agreements
contained in paragraphs 3.8,3.14,5.17,5.19, 5.20 and 5.21 and Article 7 of this Agreement
will survive the termination of this Agreement pursuant to paragraph 2.10(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.
Page 14
(3) Without derogating from the provisions of paragraph 2.10(1) from time to time by mutual
agreement, the Parties hereto may amend the terms of this Agreement and any of the
Schedules, but an amendment shall only be effective if in writing and executed under the
seals and hands of the proper officers of each Party.
2.11 Municipality to Act Prompt
Wherever the Municipality,the Municipality's Solicitor, the Municipality's Treasurer or any
Municipality Director is required to take action pursuant to this Agreement, or is required to make a
decision or render an opinion, or give confirmation or give authorization, permission or approval
shall be made promptly in all respects and the Municipality and its officials shall act reasonably.
2.12 Assignment of Agreement
The Owner shall not assign this Agreement without prior written consent of the
Municipality. For greater certainty, any assignment which is made contrary to this paragraph 2.12
does not relieve a subsequent Owner of the Lands of any of his obligations under this Agreement.
2.13 Replacement of Draft Plan with Final Plan(s)
(1) The Parties hereto acknowledge that at the time of the execution of this Agreement, only a
red-lined copy of draft Plan of Subdivision 18T-91012 has been approved by the Region. A
copy of it is contained in Schedule "B" hereto. All descriptions in this Agreement and the
Schedules hereto refer to the proposed lot(s) or block(s) and street(s) shown on such red-
lined draft Plan of Subdivision. The 40M Plan proposed by the Owner is also contained in
Schedule "B".
(2) On a final Plan of Subdivision implementing Plan 18T-91012 approved pursuant to the
Planning Act, 1983 being registered against the title to any one (1) or more portions of the
Lands, the registered final Plan of Subdivision shall be deemed to be substituted for the red-
lined draft Plan of Subdivision 18T-91012 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","F","G", "N","O","P" and "Q", in order to replace the
descriptions and references to the redlined draft Plan of Subdivision 18T-91012 with
descriptions and references to and that are consistent with such registered final Plan of
Subdivision.
Page 15
2.14 Notification of Owner
If any notice or other document is required to be or may be given by the Municipality or by
any official of the Municipality to the Owner under this Agreement, such notice shall be mailed by
first class prepaid post or delivered to:
The Owner: 1138337 Ontario Inc.
c/o Mr.William Daniell
The Kaitlin Group Ltd.
1029 McNicoll Avenue
SCARBOROUGH, Ontario. M1W 3W6
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
k
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 ensure to the benefit of and be binding on the Parties hereto, and their
respective successors and assigns.
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.
Page 16
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 the "1997 DC Act" (as hereafter
defined) and the Development Charge By-law passed under the Act or the 1997 DC Act as
is applicable 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 passed under the Act or the 1997 DC Act as is applicable
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 on the application
of the"Index"(as hereafter defined).
(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 passed
under the Act or the 1997 DC Act as is applicable 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.
Page 17
3.5 Cash in Lieu of Land Dedication
On the execution of this Agreement,the Owner shall pay the Municipality the cash payment
in lieu of dedication of lands as set out in Schedule"F"hereto.
3.6 Performance Guarantee Required
Prior to the date of issuance of any Authorization to Commence Work, the Owner shall
deposit with the Municipality, cash or an irrevocable and unconditional letter of credit issued by a
bank listed in Schedules "I or II" of the Bank Act, acceptable to the Municipality's Treasurer, and
containing terms satisfactory to the Municipality's Treasurer. The deposit shall be in the amount
determined by the Director to be the amount required to secure to the Municipality the performance
by the Owner of its covenants contained in this Agreement to construct and install the Works and
the performance of the Owner's obligations under paragraph 5.13(2) and without limiting the
generality of the foregoing, in making his determination, the Director may have regard to the
"Works Cost Estimate" or the "Revised Work Cost}Estimate" (both terms as hereafter defined)
whichever is applicable, for the construction and installation of the Works which either are the
subject of an Authorization to Commence Work or for the issuance of which an Authorization to
Commence Works application has been made by the Owner. If from time to time following the
issuance of any Authorization to Commence Works the Director is of the opinion that the amount
of the Performance Guarantee should be increased in order to protect the Municipality's interests
under this Agreement, forthwith after the Director gives written notice to the Owner requiring an
increase in the amount of the Performance Guarantee, the Owner shall deposit with the
Municipality cash or an unconditional and irrevocable letter of credit in such amount issued by a
bank listed in Schedule "I" or"II" of the Bank Act that is acceptable to the Municipality's Treasurer
and continuing terms satisfactory to the Municipality's Treasurer. (The cash deposit(s) or letter(s)
of credit which is (are) to be deposited by the Owner pursuant to this paragraph 3.6 and other
provisions of this Agreement are called the "Performance Guarantee".) In the event that the Owner
does not increase the amount of the Performance Guarantee for a period of thirty (30) days
following the giving of written notice by the Director to the Owner requiring an increase in the
amount of the Performance Guarantee, (1) all Authorizations to Commence Work that have been
issued shall terminate, and (2) the Owner shall not apply for or require the issuance of any permit
for the construction of buildings or any part of the Lands pursuant to the Building Code Act.
Without derogating from the other provisions of this Agreement,the Parties acknowledge that if the
Owner deposits a letter of credit with the Municipality's Treasurer as the whole or part of the
Performance Guarantee or an increase thereof required by this Agreement, the Municipality's
Treasurer, acting reasonably, may at any time draw on such letter of credit and deposit the cash
proceeds thereof in an account to the credit of Municipality for disbursement in accordance with
this Agreement.
Page 18
3.7 Use of Performance Guarantee
From time to time the Municipality may appropriate the whole or any one or more portions
of the Performance Guarantee up to an amount(s) determined by the Director, which in aggregate
shall not exceed the amount(s) which in the opinion of the Director are required to remedy the
Owner's breach(es) or default(s) of or under the provisions of this Agreement. Forthwith after
making each such appropriation, the Director shall give the Owner written notice thereof and the
Owner shall forthwith reinstate the Performance Guarantee to the full amount(s) required by this
Agreement.
3.8 Indemnification of Municipality
(1) The Owner shall defend, indemnify and save the Municipality harmless from and
against all actions, claims, liabilities, losses, damages and expenses including reasonable
legal fees which arise by reason of or are caused in whole or in part by the making and/or
the implementation of this Agreement, or- the design, construction and installation,
supervision of construction and installation, inspection, and/or maintenance of the Works
by the Owner, its employees, contractors, suppliers of services or materials, the Owner's
Engineer,the Owner's Engineer's employees, and the Owner's licensees.
(2) For greater certainty, the making of this Agreement is not intended to and shall not have the
effect of requiring the Municipality to do or refrain from doing any act or making any
recommendation necessary for the Owner to achieve approval of the final Plan of
Subdivision of the Lands and its registration against the title to the Lands.
3.9 Insurance
The Owner shall obtain and maintain the insurance and deposit the proof thereof
as required by Schedule "K" of this Agreement in accordance with Schedule "K" of this
Agreement.
3.10 Maintenance Guarantee Required
(1) From the date of issuance of an Authorization to Commence Works until the date of
issuance of a Certificate of Acceptance of the Works or particular component(s) of the
Works, the Owner agrees with the Municipality to promptly correct, remedy, repair or
replace any portion or component of the Works in question that the Director determines to
be defective or deficient having regard to the provisions of this Agreement at the Owner's
cost (the "Maintenance Guarantee"). The amount of the Maintenance Guarantee shall be
determined in accordance with paragraph 3.12(1) of this Agreement. The Owner shall be
Page 19
given written notice of any such deficiency or defect by the Director forthwith after he
identifies the same.
(2) The Maintenance Guarantee expires on the date of issuance of the Certificate of Acceptance
of the Works referred to in paragraph 3.10(1) which shall not be earlier than the date of
expiry of the relevant period of the Maintenance Guarantee for the following Works as set
4
out below:
(a) "Initial Works" (as hereafter defined): the later of(1)the date of expiry of the period
of two (2) years which commences on the date of issuance of the Certificate of
Completion for the Initial Works, and (2) the date of issuance of a Certificate of
Completion for the "Final Works" (as hereafter defined);
(b) "Final Works": the date of expiry of the period of one (1) year that commences on
the date on which the maintenance period for the Initial Works specified in
paragraph 3.10(2)(a)expires; }
(c) "Street Lighting System" (as hereafter defined): the date of expiry of the period of
two (2) years which commences on the date of issuance of the Certificate of
Completion of the Street Lighting System; and
(d) "Stormwater Management System" as hereafter defined): the date of expiry of 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) "Park Works" (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 "Park Works".
3.11 Use of Maintenance Guarantee
From time to time, the Municipality may appropriate the whole or any part of the Security
for the Maintenance Guarantee if the Owner fails to pay any cost(s) payable by the Owner to the
Municipality under this Agreement. The amounts) 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
Page 20
give the Owner written notice thereof. Forthwith, after the giving of such notice, the Owner shall
restore the Security for the Maintenance Guarantee to the full amount required by this Agreement.
3.12 Reduction and Release of Performance Guarantee
(1) Prior to the release of the Performance Guarantee, in the discretion of the Director, the
amount of the Performance Guarantee may be reduced, from time to time, to reflect the
progress of completion of the Works and other facilities and improvements which are
required to be constructed and installed by the Owner after taking into account any
outstanding claims the satisfaction of which is provided for in this Agreement. The
maximum reduction that may be permitted to be made by the Director is such that will leave
on deposit with the Municipality's Treasurer as the Performance Guarantee an amount equal
to the sum of (1) the value of the uncompleted Works and the other facilities and
improvements as determined by the Director having regard for the Works Cost Estimates
then in force plus any amount determined by the Director but not to exceed twenty (20%)
percent of such value as a completion allowance payable to the Municipality, and (2) as the
Maintenance Guarantee fifteen (15%) percent of the value of the completed Works,
facilities and services, also determined by the Director after considering the material, if any,
submitted to the Diroctor 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.
(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.
Page 21
(e) The Municipality is satisfied that the Owner is not in breach of any of its covenants
contained in this Agreement.
3.13 Reduction and Release of Maintenance Guarantee
The Owner agrees that the Municipality shall not be required to release to the Owner the
Security for the Maintenance Guarantee until each of the following conditions are satisfied:
(a) A Certificate of Acceptance has been issued for the Works for which such
Maintenance Guarantee is required under this Agreement.
(b) The Municipality is satisfied that there are no outstanding claims relating to such
Works which the Municipality is required or may be permitted to pay either under
the provisions of the Construction Lien Act or otherwise.
(c) The Municipality is satisfied that the Owner is not in breach of any of its covenants
contained in this Agreement.
(d) With respect to all lots and blocks in the 40M Plan for which building permits have
been issued and Temporary Occupancy Permits have been received by the Owner,
the Municipality is satisfied that within the one (1) year period of temporary
occupancy under a Temporary Occupancy Permit the Director has received the
Owner's Engineer's written confirmation that grading of the lots and blocks in
question has been completed in accordance with the approved Grading and
Drainage Plan.
(e) The Director has received the as-constructed drawings for such Works from the
Owner as well as the computer disks, if any have been prepared by the Owner's
Engineer.
3.14 Payment of Municipality's Costs
(1) The Owner shall reimburse the Municipality for all reasonable legal, planning, engineering
and other technical advice, and administrative expenses actually incurred for the preparation
and registration of this Agreement and the reasonable cost of all legal services contemplated
by the terms of this Agreement, which include the review of the Performance Guarantee,
the review of the Security for the Maintenance Guarantee and the preparation of a
Certificate(s) of Release, provided that services have actually been performed for the
Municipality.
Page 22
(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.
3.16 Occupancy Permit Deposit
(1) Prior to the date of issuance of the first b4jlding permit for a dwelling proposed to be
constructed on the Lands, the Owner and/or a person who has entered into an agreement
with the Municipality containing terms satisfactory to the Municipality to assume the
obligations of the Owner under this Agreement relating to a specific lot(s)or block(s) on the
40M Plan (the "Assuming Purchaser") shall deposit with the Municipality an irrevocable
and unconditional letter of credit issued by a bank listed in Schedules "I" or"II" of the Bank
Act acceptable to the Municipality's Treasurer, in the amount of $20,000.00 dollars (the
letter 0 of credit ire referred to N the "OaaupAlacy Perna Deposit") to wour® 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
Page 23
appropriation, the Owner and/or the Assuming Purchaser shall restore the Occupancy
Permit Deposit to the full amount of $20,000.00 dollars. The Occupancy Permit Deposit or
the unused portion thereof shall be returned to the Owner and/or the Assuming Purchaser at
such time as the last dwelling which may be constructed on the Lands is permitted to be
occupied pursuant to an Occupancy Permit issued in accordance with this Agreement. If a
letter(s) of credit is deposited as the Occupancy Permit Deposit, the Municipality agrees to
permit its (their) replacement from time to time by the Owner and/or the Assuming
Purchaser, as the case may be, provided that at all times the Occupancy Permit Deposit is
maintained as is required by this paragraph 3.16(1). Following each such permitted
replacement of a letter(s) of credit, the Municipality will return the replaced letter(s) of
credit to the Owner and/or the Assuming Purchaser.
(2) The Occupancy Permit Deposit requirement referred to in paragraph 3.16(1) is based on the
following "Occupancy Permit Scale" of the Municipality which is current on the date of
execution of this Agreement.
up to 10 lots $ 10,000.00
11 to 50 lots $ 20,000.00(19 lots)
51 to 100 lots $ 30,000.00
101 to 250 lots $ 40,000.00
251 to 500 lots $ 60,000.00
over 500 lots $100,000.00
The Owner agrees with the Municipality that the Municipality in its discretion may amend
its Occupancy Permit Scale from time to time prior to the date on which the Occupancy
Permit Deposit is deposited with the Municipality pursuant to paragraph 3.16(1). The
Owner shall increase the amount of the Occupancy Permit Deposit in accordance with the
Municipality's amended Occupancy Permit Scale forthwith after the Director of Planning
gives written notice to the Owner requiring it to do so. In the event that the Owner does not
increase the amount of the Occupancy Permit Deposit for a period of twenty (20) days
following the giving of written notice by the Director to the Owner requiring an increase in
the amount of the Occupancy Permit Deposit, (1) all Authorizations to Commence Works
that have been issued shall terminate, and (2) the Owner shall not apply for or require the
issuance of any permits for the construction of buildings on any part of the Lands pursuant
to the Building Code Act.
(3) Prior to the issuance of a building permit for the first (1st) dwelling proposed to be
constructed in each Phase Subsequent to Phase I of the Development of the Lands, the
Owner will deposit with the 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 3.11 (1) shall
Page 24
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 of Public Works of a plan for the preservation
of trees on the said Lands (the "Tree Preservation Plan"). The Director may at his
discretion, vary in certain circumstances, which trees are to be inventoried. Generally the
plan should show:
(a) the location and approximate size of all existing trees Pp g ee over 30.5 cm in circumference
at 1.5 m above the ground; and
(b) the location of all existing trees referred to in subparagraph(1)hereof intended to be
removed during the development of the said Lands.
(2) No work shall be done or caused or permitted to be done by the Owner to remove, destroy
or damage any tree shown on the Tree Preservation Plan. No existing tree shall be removed
until the Tree Preservation plan has been approved by the Director of Planning and the
Director of Public Works. Thereafter an existing tree may be removed only if permitted by
the Tree Preservation Plan. The Owner shall comply with the approved Tree Preservation
Plan. In the event that any tree required to be preserved by the approved Tree Preservation
Plan is removed, destroyed or damaged,the Owner at its expense shall replace that tree with
a tree of a height, calliper and species as determined by the Director of Planning in his
discretion.
4.2 Landscaping Plan and Landscaping Requirements
(1) Prior to the issuance of any Authorization to Commence Works which are located within
Phase I of the Development of the Lands, or a Phase subsequent to Phase 1 of the
Development of the Lands, the Owner shall obtain the written approval of the Director of
Planning and the Director of Public Works of the"Landscaping Plan" (as hereafter defined).
(2) Prior to the execution of this Agreement, the Owner shall retain a qualified landscape
architect acceptable to the Director of Planning and the Director of Public Works. The
landscape architect shall prepare a draft landscaping plan showing for Phase 1 of the
Page 25
Development of the Lands showing, amongst other things required by the Director of
Public Works, boulevard road areas and vegetation, trees to be planted thereon and fencing
and screen planting as required by paragraph 4.2(4). The draft landscaping plan shall
conform with and implement the Municipality's landscaping design criteria, as amended
from time to time, the approved Engineering Drawings and the other provisions of this
Agreement. When the draft landscaping plan has been settled to the satisfaction of the
aforesaid Director and approved, it is the "Landscaping Plan" for the purposes of this
Agreement.
(3) The Parties acknowledge that the Landscaping Plan contained in Schedule "U" hereto is the
Landscaping Plan for the purposes of this Agreement.
(4) 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 4.2(1)
shall apply with all necessary changes thereto being considered to have been make 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 and all lots in Rural Areas are to be sodded
or seeded, as may be required by the Director of Planning, within one (1) year of
occupancy of the dwellings;
(b) except where otherwise provided in the Municipality's Design Criteria and Standard
Detailed Drawings, a minimum of one (1) tree per lot shall be planted on the street
allowances in accordance with the provisions of this paragraph 4.2(5);
(c) all trees shall be planted in accordance with the approved Landscaping Plan and the
latest Municipal Guidelines and Standard Drawings. Prior to planting, Public
Works staff shall be contacted to approve the tree nursery source, the quality of
trees, the planting schedule and planting methods. Trees shall be maintained for the
duration of the Maintenance Period by a qualified horticulturist, who shall certify
the good health of all trees prior to acceptance by the Municipality;
(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;
Page 26
(e) fencing shall have a minimum height of one point eight (1.8) metres. Chain-link
fencing is not permitted except in areas abutting walkway, schools and parks and
then only,in accordance with the Municipality's landscaping design criteria and the
relevant Landscaping Plan; and
(f) where wood fencing is proposed, it must be constructed either of pressure treated
wood or wood of equivalent longevity in the opinion of the Director of Planning.
(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 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 Use of Lands
The Lands shall not be used for any purpose other than the purposes set out in Schedule
"M" hereto, provided that such purpose is permitted by the Municipality's By-law 84-63, as
amended from time to time.
4.4 Lands Unsuitable for Building
The Parties acknowledge and agree that the lot(s) or block(s) which are set out in Schedule
"N" hereto are unsuitable for building purposes. The Owner will not make, cause or permit an
application to be made for a building permit for the construction of any structure on any such lot(s)
or block(s) until the conditions set out in Schedule "N" for such lot(s) or block(s) have been
satisfied to the approval of the Director of Planning and the Director of Public Works and/or any
other authority having jurisdiction in respect of the matter. The Owner shall maintain the lot(s) or
block(s) set out in Schedule "N" in a condition acceptable to the Director of Planning.
Page 27
4.5 Lands Requiring Site Plan
The Owner shall not make or cause or suffer any person(s) to make an application for a
building permit in respect of any lot(s) or block(s) within the Plan which are set out in Schedule
"O until the Owner has entered into a Site Plan Agreement with the Municipality respecting the
development of such lot(s) or block(s) under Section 41 of the Planning Act, provided that any
application for a building permit shall comply in all respects with the terms of the said Site Plan
Agreement and all applicable laws.
4.6 Requirements for Building Permits
The execution of this Agreement by the Municipality, the approval by the Municipality of
the 40M Plan for Phase 1 of Development of the Lands or for any Phase Subsequent to Phase 1 of
Development of the Lands, and the issuance of any Certificate of Acceptance of Works, do not
constitute a representation or covenant by the Municipality to any person, nor shall be taken to give
any assurance to the Owner or to any other person that building permits for buildings proposed to
be constructed on any portion of the Lands when applied for, will be issued. Without limiting the
generality of the foregoing, the Owner will not apply for or cause or permit an application to be
made by any person for a building permit for a building proposed to be constructed on any of the
Lands,made until the following requirements are satisfied:
(a) All easements required to be transferred by this Agreement to the Municipality, the Region
of Durham or the Clarington Hydro-Electric Commission, and all easements required to be
transferred for the purpose of Utilities and Services referred to in Schedule "H", and all
easements required to be transferred or reserved for the purpose of drainage or access to the
lot(s) or block(s)in respect of which an application for a
building permit(s)is made,have been transferred to or reserved by the appropriate person as
required by this Agreement.
(b) All the roads which are required to be constructed to provide access to the proposed
building in accordance with this Agreement,have been constructed at least to the completed
base course of asphalt, and the Director has given the Owner his written approval of them as
being sufficient to provide in his opinion adequate access to the proposed building(s).
(c) All of the Works required to be constructed and installed under road(s) referred to in
paragraph 4.6(b)have been constructed and installed to the satisfaction of the Director.
(d) All of the Utilities and Services required to be constructed and installed pursuant to
Schedule "H" have been constructed and installed and have been accepted by the Clarington
Hydro-Electric Commission and/or the authority or company having jurisdiction over such
Page 28
Utilities and Services. Alternatively, the Municipality has received written confirmation
from such Commission, authority or company, as the case may be, that sufficient financial
security(s) have been received by it (them) on which it or they may draw to pay or to
reimburse itself (themselves) in respect of the costs of the design, construction and
installation of such Utilities and Services if the Owner fails to construct and install them.
(e) The Owner has provided the Director of Planning with a paper draft of the registered Plan
of Subdivision of the Lands, (the Owner shall provide the Director of Planning with a mylar
copy of such registered Plan of Subdivision forthwith after it is made available to the Owner
by the Land Registry Office).
(f) The Development Charges required to be paid by the Owner to the Municipality pursuant to
paragraph 3.4 and Schedule"D" have been paid in respect of the lot(s) or block(s) for which
application is made for a building permit.
(g) The Owner has deposited with the Municipality the Occupancy Permit Deposit as required
by paragraph 3.16 of this Agreement and it is in good standing.
(h) If the application for a building permit is for a building proposed to be constructed on any
lot(s) or block(s) set out in Schedule "N", the Owner has satisfied the conditions with
respect to the development of such lot(s) or block(s) set out in paragraph 4.4 of this
Agreement.
(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"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.
0) The Performance Guarantee and the Security for the Maintenance Guarantee provided for in
this Agreement have been deposited with the Municipality and are in good standing and all
sums of money required to the Municipality by the Owner pursuant to this Agreement have
been paid.
(k) The applicant has submitted a Site Plan satisfactory to the Director and certified as being
correct by the Owner's Engineer which demonstrates to the satisfaction of the Director that
the final grades of the lot(s) or block(s) in respect of which the application for a building
permit(s) is made are appropriate for the building(s)proposed to be constructed thereon, the
grading of the lot(s) or block(s) in question and the proposed access thereto conforms with
the Grading and Drainage Plan approved by the Director for the particular lot(s) or block(s)
as well as with the Municipality's Design Criteria and Standard Detail Drawings.
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(1) The Owner has erected or caused to be erected a sign displaying all road(s), lot(s) or
block(s)within the Plan sufficient to illustrate the future housing types and distribution, the
location of any park, open space, school or commercial blocks proposed on the said Lands,
as well as all future uses for lands which abut the said Lands as identified by an approved
Official Plan, Neighbourhood Plan, or Hamlet Development Plan and/or an approved Draft
Plan of Subdivision of such abutting lands.
(m) (i) The Owner has constructed access routes to the subdivision in satisfaction of
the requirements of the Ontario Building Code and has installed all necessary
watermains and hydrants which are fully serviced.
(ii) The Owner has agreed with the Municipality that during construction of the
building pursuant to the building permits which have been applied for fire access
routes will be maintained continuously as required by the Ontario Fire Code, storage
of combustible waste will be maintained in accordance with the Ontario Fire code,
and open burning will not occur contrary to the Ontario Fire Code.
(iii) The Owner has agreed with the Municipality to comply with the Ontario Fire Code
with respect to Combustible Waste and Open Burning.
(iv) The Owner has agreed with the Municipality to have regard for the "Guidelines to
Fire Prevention" published jointly by the Ontario Home Builder's Association and
the Toronto Home Builder's Association in respect of construction of dwellings.
(n) The Owner has provided written confirmation that all dwelling(s) to be erected on Phase I
of the Development of the Lands or a phase subsequent to Phase I of the Development of
the Lands in which the lot(s) or block(s) in question is located, satisfy the Architectural
Control Standards contained in Schedule"W"hereto.
(o) The Owner has satisfied the requirement of paragraph 4.12 of this Agreement.
4.7 Model Homes
(1) Notwithstanding the provisions of paragraph 4.6 of this Agreement, the Owner-may apply
for building permit(s) for model home(s) to be used for sales display purposes which it
proposes to construct on not more,than ten (10%) percent of the total number of lot(s)
within the registered Plan of Subdivision of the Lands,provided that:
Page 30
(a) each such application is in conformity with all By-laws of the Municipality, the
Ontario Building Code Act and the Ontario Building Code;
(b) all building permit fees, Occupancy Permit Deposits and the Development Levies
provided for in this Agreement have been paid to or deposited with the Municipality
as is required by law and this Agreement;
(c) the Owner has satisfied the Director that the final grades of the lot(s) or block(s) is
appropriate for the proposed model home(s)and that such final
grades are in compliance with the Grading and Drainage Plan;
(d) the Owner has complied with the provisions of paragraphs 4.6(1) and 4.6(n) of this
Agreement.
(e) All the Works required to be constructed and installed under road(s) referred to in
paragraph 4.6 (b) have been constructed and installed to the satisfaction of the
Director.
(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
Page 31
model home(s), and the provisions of paragraph 3.8(1) shall apply with all necessary
changes to it being considered to have been made to give effect to the intent of this
paragraph 4.7(4).
4.8 Architectural Control Standards
All dwellings to be erected shall satisfy the Architectural Control Standards as contained in
Schedule "W"hereto.
4.9 Requirements for Sale of Lands
Without derogating from any other provision of this Agreement the Owner shall not sell the
Lands or any one (1) or more portions of the Lands until each of the following conditions is
satisfied:
(a) the transfers of easements and transfers of lands referred to in paragraphs 2.4 and 2.5 have
been registered in accordance with paragraph 2.6;
(b) where a building permit has not been issued in respect of a lot(s) or block(s) shown on the
Plan which is proposed to be sold, the Owner has obtained from the prospective purchaser
an enforceable covenant made directly with the Municipality by which such purchaser
agrees with the Municipality,that prior to the issuance of a building permit for a building on
the land in question, he will deliver to the Municipality, the Clarington Hydro-Electric
Commission, other authority and/or company, as the case may be, any transfers of
easements as in such lot(s) or block(s) which are required for Municipality, Region of
Durham and Utilities and Services or drainage purposes, as determined by the Director,
forthwith after written request by the Director therefore is given to the Owner; 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;
(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;
Page 32
(d) the Performance Guarantee, the Security for the Maintenance Guarantee and all cash
deposits or letters of credit required by this Agreement have been deposited with the
Municipality and all letters of credit deposited with the Municipality are in good standing;
and
(e) the Owner has included in the Agreement to purchase the Lands or the lot(s) or block(s) on
the Plan which is entered into by the prospective purchaser(s) as the case may be, a notice
that the Lands are subject to the covenants and obligations set forth in this Agreement, and
the Municipality's Traffic By-law 91-58 pertaining to on-street parking and the provisions
of Article 7 in respect of the obligations of subsequent Owners.
4.10 Requirements for Occupancy Permit
(1) Notwithstanding the requirements of any statute, regulation or by-law respecting the
issuance of any permit authorizing or permitting the occupancy of any building, the Owner
shall not occupy or cause or permit any building on the said Lands to be occupied without
the written permission of the Municipality(the "Occupancy Permit")having been given. In
addition to satisfying the other requirements of this Agreement, an Occupancy Permit shall
not be issued to any person for any building until the following requirements are satisfied:
(a) all of the roads which are required,to be constructed under this Agreement, and
which will provide access to such building,have received the application of the base
course of asphalt, to the written satisfaction of the Director and the required street
lighting system has been installed and energized, all at the cost of the Owner;
(b) all of the storm drainage system required to be constructed and installed to service
such building has been constructed and installed to the written satisfaction of the
Director, and such building has been connected thereto;
(c) all of the Utilities and Services, with the exception of telephone and cable T.V.,
which are required to be constructed, installed and connected to the building
pursuant to Schedule "H", have been so constructed, installed and connected to the
written satisfaction of the Director, the Clarington Hydro-Electric Commission or
the authority or company having jurisdiction over such Utilities and Services, as is
appropriate;
(d) the building has been connected to and is serviced by a water supply and sewage
disposal system to the written approval of the Region of Durham;
Page 33
(e) either the Owner's Engineer has provided the Director with his written certification
that the lot(s) or block(s), on which such building is located has been developed in
conformity with the Grading and Drainage Plan, or the Owner has given written
approval by the Director to vary the requirements of the approved Grading and
Drainage Plan with respect to the lot(s)or block(s)in question; and
(f) the building has been finally inspected and approved pursuant to the Building Code
Act,the Ontario Building Code and the Plumbing Code.
(2) Notwithstanding the provisions of paragraph 4.10(1)(e), the Owner may be issued a permit
(the "Temporary Occupancy Permit") by the Director of Planning to permit the temporary
occupancy of a dwelling provided that the Owner establishes to the satisfaction of the
aforesaid Director that it has been unable to comply with the requirements of paragraph
4.10(e) by reason of seasonal, weather or other conditions which are considered by the
Director, in his discretion, to be beyond the control of the Owner. Prior to the issuance of a
Temporary Occupancy Permit the Owner shall establish, to the satisfaction of the Director
of Planning that the provisions of paragraphs 4.10(1)(a), (b), (c), (d) and (f) have been
satisfied. The Owner also shall provide to the aforesaid Director the written confirmation
required by paragraphs 4.10(1)(e) within one (1) year from the date of the commencement
of the Temporary Occupancy Permit respecting the dwelling in question. Until such written
confirmation is provided to the aforesaid Director, the Municipality may retain the
Occupancy Permit Deposit provided for by paragraph 3.16 of this Agreement, whether or
not a Temporary Occupancy Permit has been issued. If the Owner does not comply with
the approved Grading and Drainage Plan within ten (10) days, excluding Saturday and
Sunday, after being required to do so by written notice given to the Owner by the Director,
the Municipality may appropriate the approved Grading and Drainage Plan, as determined
by the Director in his discretion, provided that the Director shall give written notice to the
Owner forthwith after making each such appropriation of the amount of the appropriation in
question. If the written confirmation which is required by paragraph 4.10(1)(e) is not
provided to the aforesaid Director within one (1) year of the date of issuance of a
Temporary Occupancy permit, no person shall occupy the dwelling in respect of which a
Temporary Occupancy Permit has been issued until an Occupancy Permit respecting the
dwelling has been issued pursuant to paragraph 4.10(1).
(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 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 referred
to in paragraph 4.12(19) and 4.12(26)of this Agreement.
. I
Page 34
4.11 Cash in lieu of Lands for Park or other Public Recreational Purposes
Without derogating from the other provisions of this Agreement, on the execution of this
Agreement, the Owner shall pay to the Municipality in cash the amount of money in lieu of the
transfer of land to the Municipality for parks and other public recreational purposes which is set out
in Schedule "F".
4.12 Special Conditions
(1) During construction on the Lands the Owner shall maintain fire access routes to the
satisfaction of the Municipality's Fire Chief.
(2) In cases in which an Appropriate Authority determines that the well or private water supply
of any person is interfered with either as a result of the grading of, construction on, or the
development of the Lands or any portion of the Lands, or as a result of the construction or
installation of any of the Works, the Owner,=at its cost, either shall connect the affected
person to the Municipal water supply system or shall provide a new well or private water
system so that water supplied to the affected person shall be of quality and quantity at least
equal to the quality and quantity of water enjoyed by the affected person prior to the
interference.
(3) The Owner shall comply with the provisions of Schedule"Q" and Schedule N" 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 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 the Lands: "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
Page 35
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 grading may also be required to accommodate drainage
from surrounding lands."
(7) The Owner is to provide the Director of Planning and Development, on disk in a CAD
format acceptable to the Municipality, a copy of the Plan of Subdivision as draft approved
as well as the proposed 40M-Plan.
(8) The Owner acknowledges and agrees to retain a qualified Engineer to prepare and submit a
Hydrogeologist Report to the Director to demonstrate that the proposed development will
not adversely impact the existing wells in the surrounding areas.
(9) The Owner acknowledges and agrees to retain a qualified Engineer to prepare and submit a
Master Drainage and Lot Grading Plan to the Director for review and approval. All plans
and drawings must conform to the Municipality's Design Criteria as amended from time to
time.
(10) The Owner acknowledges and agrees that the draft plan of subdivision cannot proceed to
registration until such time as the external municipal infrastructure works, which have been
deemed necessary by the Director of Public works to service the Port of Newcastle
subdivisions 18T-91004 and 18T-96013 have been constructed by the developer of Plans
of Subdivision 18T-91004 and 18T-96013 to the satisfaction of the Municipality. .
(11) The Owner acknowledges and agrees to the responsibility to reconstruct those portion of
Baldwin Street and Clarke Street which are situated adjacent to the draft plan of
subdivision, The Owner will be responsible for 100% of the cost reconstructing these
existing roads to a complete urban standard to the satisfaction of tine Director,
(12) The Owner acknowledges and agrees that the reconstruction of Clarke Street to an urban
standard must include the physical closure of the existing Mill Street South/Clarke Street
intersection. A turnaround must be constructed at the easterly limit of Clarke Street to the
satisfaction of the Director of Public Works. Additional land dedications may be deemed
necessary to accommodate the required turnaround. Any such dedications are to be to the
satisfaction of the Director of Public Works.
(13) The Owner acknowledges and agrees to provide a road dedication to the Municipality
which accommodates the existing road alignment of Mill Street South. The new property
boundary must be offset from the existing centre of the travelled road by a distance of 10.0
metres. The road dedication must be granted free and clear of all encumbrances.
Page 36
(14) The Owner acknowledges and agrees that the closure of any of the existing portion of the
Baldwin Street road allowance must be carried out in accordance with the Municipality's
Road Closure Policy.
(15) The Owner acknowledges and agrees that the portions of Baldwin Street and Clarke Street
adjacent to this plan of subdivision must be fully serviced with water, sanitary sewer, storm
sewer, hydro, telephone and cable television for any future lots which may front onto these
streets and any existing streets which may intersect with these streets must be stubbed for
water, sanitary sewer and storm sewer.
(16) The Owner acknowledges and agrees that all construction activity within this development
must be staged in a manner which ensures that the existing residents of Clarke Street will at
all times have a suitable means of access to the satisfaction of the Director of Public Works.
(17) The Owner acknowledges that the stormwater drainage works and facilities necessary for
this development must be constructed in accordance with the Master Grading and Drainage
Plan for the Port of Newcastle Subdivision Plan 18T-91004. All stormwater management
facilities within Plan of Subdivision 18T-91004 which are necessary to service this
proposed draft plan must be in place prior to final registration.
(18) The Owner acknowledges and agrees that the Owner's engineer must prepare a Grading and
Drainage Plan that details the configuration of the storm sewer system (minor system) and
the conveyance of the overland flow(major system) from this development.
(19) The Owner acknowledges and agrees to place the following in all agreements of purchase
and sale between the Developer and all prospective home buyers:
i) "Despite the noise control features implemented within the development and/or
within the individual dwelling units, noise levels from the adjacent Canadian
National Railway may occasionally interfere with some activities of the dwelling
occupants".
ii) "Purchasers and tenants are warned of the existing Canadian National Railway's
operated right-of-way; the possibility of alterations to or an expansion of its rail
facilities thereon in the future, including the possibility that the Railway may
expand its operation, which expansion may affect the living environment of the
residents notwithstanding the inclusion of noise and vibration attenuating measures
in the design of the subdivision and individual units, and that the Railway will not
be responsible for complaints or claims arising from the Railway's use of its
facilities and/or operations."
Page 37
iii) All lots within the development must include a Warning clause in all offers of
purchase and sale or in the tenancy agreement and shall read as follows:
"Warning: Canadian National Railway Company or its assigns or successors in
interest has or have a right-of-way within 300 metres from the land the subject
hereof. There may be alterations to or expansions of the rail facilities on such right-
of-way in the future including the possibility that the railway or its assigns or
successors as aforesaid may expand its operations, which expansion may affect the
living environment of the residents in the vicinity, notwithstanding the inclusion of
any noise and vibration attenuating measures in the design of the development and
individual dwelling(s). CNR will not be responsible for any complaints or claims
arising from us of such facilities and/or operations on, over or under the aforesaid
right-of-way".
(iv) Lots 1, 14, 15 and 19 must include a Warning clause in all offers of purchase and
sale or in the tenancy agreement as follows:
"Purchasers/tenants are advised that despite the inclusion of noise control features in
this development area and within the building units,noise levels from increasing rail
traffic on CN Rail Kingston Subdivision rail line may continue to be of concern,
occasionally interfering with some activities of the dwelling occupants as the noise
level exceeds the Ministry of the Environment sound level criteria. In order to
maintain a suitable indoor noise environment, occupants may wish to keep exterior
windows closed. This dwelling unit has been equipped with a central air
conditioning system".
(v) Lots 2 to 13 and 16 to 18, must include a Warning clause in all offers of purchase
and sale or in the tenancy agreement as follows:
"Purchasers/tenants are advised that despite the inclusion of noise control features in
this development area and within the building units, sound levels from increasing
rail traffic on CN Rail Kingston Subdivision rail line may continue to be of concern,
occasionally interfering with some activities of the dwelling occupants as the noise
level exceeds the Ministry of the Environment noise criteria. In order to maintain a
suitable indoor noise environment, occupants may wish to keep exterior windows
closed. This unit has been equipped with a forced air heating system with the fan
and ductwork sized to accommodate the future installation of a central air
conditioning system by the occupant".
(20) The Owner acknowledges and agrees to provide two (2) outdoor parking spaces for each
single detached dwelling unit to be constructed within the draft plan of subdivision. Where
the two parking spaces are provided side by side, the combined minimum width of the two
spaces may be reduced to 4.6 metres provided the minimum landscaped open space within
the front yard is thirty(30%)percent.
(21) The Owner acknowledges and agrees that any garage shall have a minimum width of 3.0
metres and a minimum area of 18.58 m2.
(22) The Owner acknowledges and agrees to submit to Ontario Hydro for review and approval, a
detailed lot grading and drainage plan showing existing and proposed grades. Drainage
must be controlled and directed away from Ontario Hydro property.
y
Page 38
(23) The Owner acknowledges and agrees to make arrangements satisfactory to Ontario Hydro
for the crossing of the hydro right-of-way by the proposed road allowance. A separate
proposal shall be submitted to Ontario Hydro's Markham office for this future road
crossing.
(24) The Owner acknowledges and agrees to bear the costs of any relocation or revisions to
Ontario Hydro facilities which may be necessary to accommodate the draft plan of
subdivision.
(25) The Owner acknowledges and agrees to carry out an archaeological resource assessment of
the subject property and mitigate, through avoidance or documentation, adverse impacts to
any significant archaeological resources found. No demolition, grading, filling, or any form
of soil disturbances shall take place on the subject property prior to the issuance of a letter
from the Ministry of Citizenship, Culture and Recreation to the Region of Durham
indicating that all archaeological resource concerns have been met licensing and resource
conservation requirements. ,
(26) The Owner acknowledges and agrees to implement the recommendations of the report
entitle "Noise Control Study - Proposed Residential Development - Baldwin/Clarke
Residential Subdivision", dated January 2000 and on file with the Director of Public Works
including the specific items which are noted below:
SUMMARY OF RECOMMENDED ABATEMENT MEASURES
Item Lot/Block Abatement Location
1 Lot 1 and 14 -2.2 metre high noise -North property lines within rear
yards, connecting back into
dwelling units.
Lot 15 -2.3 metre high noise -North property line within rear
fence yard, connecting back into the
dwelling unit.
2 Lots 1, 14, 15 and -installation of central air
19 conditioning systems
All other lots -installation of forced air
heating systems with
provisions for future
central air conditioning
system
3 Lots 1, 14, 15 and -must be constructed with
19 a brick veneer exterior
4 Lots 1, 14, 15 and -must be constructed with
19 upgraded bedroom
windows in compliance
with Table 3.8 within said
report
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ARTICLE 5-PUBLIC WORKS
5.1 Municipality Works Required
The Owner at the Owner's expense shall construct and install the facilities, services, works,
improvements and landscaping more particularly described in Schedule "G" hereto (collectively in
this Agreement are called the "Works"). From the date of issuance of the Authorization to
Commence Works until the date of issuance of a Certificate of Acceptance of them the Owner shall
be fully responsible for the construction and maintenance of the Works including the cost thereof in
accordance with the provisions of this Agreement. After the issuance of a Certificate of Acceptance,
the Works referred to in such Certificate shall be the responsibility of the Municipality.
5.2 Utilities and Services Required
Either prior to or forthwith after the date of this Agreement, the Owner shall enter into an
Agreement(s)with the authorities or companies or company having jurisdiction in respect
of the Utilities and Services referred to in Schedule "11" in the area in which the said Lands are
located which provides for the matters referred to in Schedule"11".
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
Page 40
such time as the Owner retains and notifies the Director of the name and address of a new
Owner's Engineer who is qualified to be approved by the Director pursuant to this
Agreement and who in fact is approved by the Director, the Owner hereby authorizes the
Director on the Owner's behalf and the Owner's cost to appoint a new Owner's Engineer,
provided that (1) forthwith after appointing a new Owner's Engineer, the Director shall give
the Owner written notice of the name, address and telefax number of the Owner's Engineer
who is so 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 appointed by the Director under this paragraph
5.3(2) with all necessary changes thereto being considered to have been made to give effect
to this paragraph 5.3(2).
5.4 Design of Works
(1) The Owner covenants and agrees that the design of all the Works shall conform with all
applicable legislation and the Municipality's Design Criteria and Standard Detail Drawings.
In the event of any dispute as to such requirements or their interpretation, the dispute shall
be resolved by the Director whose decision shall be final.
(2) The Owner shall provide and submit to the Director all necessary Engineering Drawings
and obtain all approvals for the construction and installation of the Works, as required by
this Agreement.
(3) Without derogating from the provisions of paragraphs 2.4 and 2.5 and Schedules "E" and
"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 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.
Page 41
It shall be prepared by the Owner in registerable form and be satisfactory to the
Municipality's Solicitor. At the time of delivery of each transfer of land to the Municipality,
the Owner shall pay to the Municipality in cash or by certified cheque an amount equal to
any tax, fee or charges payable at the time of or in respect of the registration of such transfer
against title to lands to which it applies.
5.5 Engineering Drawings
(1) Prior to the issuance of any Authorization to Commence Works, the Owner shall obtain the
written approval of the Director of the Original copy of all drawings of the Works (the
"Engineering Drawings"). If construction and installation of the Works has not commenced
within two (2) years from the date of approval of the Engineering Drawings, the
Engineering Drawings shall be resubmitted to the Director for his reconsideration and
approval after any revisions required by the Director have been made to them (the
"Reapproved Engineering Drawings"). From and after the approval by the Director of the
Reapproved Engineering Drawings, they shall be deemed to be the Engineering Drawings
for the purpose of this Agreement, and thereafter all Works shall be constructed and
installed in accordance with them. The Owner hereby irrevocably assigns to the
Municipality without cost to the Municipality the right to use and to reproduce the
Engineering Drawings and all reports that relate in whole or in part to the Works which
have been prepared by or for the Owner in connection with the performance of the Owner's
obligations under this Agreement. The Owner acknowledges that approval of the
Engineering Drawings or reports by the Director shall not relieve the Owner from its
obligation to satisfy all requirements of or made pursuant to this Agreement.
(2) Prior to the issuance of any Authorization to Commence Works, the Owner shall provide
the Director without cost to the Municipality with the Owner's Engineers (1) written
acknowledgement that the Engineering Drawings and reports referred to in paragraph 5.5(l)
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
Page 42
retained by the Director on behalf of the Owner pursuant to paragraph 5.3(2), the Director
shall obtain from the prospective Owner's Engineer the aforesaid written acknowledgement
and permission. Forthwith after the Director gives the Owner's Engineer written notice
requiring them or it to do so, copies of the Engineering Drawings, computer disks,
specifications, data, drawings, records and reports referred to in this paragraph 5.5(2) shall
be provided to the Director without cost to the Municipality.
5.6 Approval of Grading and Drainage Plan
Prior to the issuance of any Authorization to Commence Works, the Owner shall obtain the
written approval of the Director of an appropriate Plan showing thereon the existing drainage
pattern on all lands adjacent to the Lands,and all proposed grading and drainage Works for the said
Lands, and indicating the direction of all surface drainage, including water from adjacent land
originally flowing through, into or over the said Lands to the municipal storm sewer system or any
other outlet approved by the Director (the "Grading and Drainage Plan"). The written approval of
the Director of the Grading and Drainage Plan shall be obtained prior to the commencement of
construction or installation of any of the Works on the Lands. If construction of such Works is not
commenced within two (2) years from the date 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
Prior to the commencement of construction and installation of any of the Works, the
Director, in his discretion, may give written notice to the Owner requiring that the Owner prepare
and submit to him a Works staging plan (the "Staging Plan". Forthwith, after the giving of such
notice, the Owner shall prepare and submit to the Director of Public Works and the Director of
Planning for their consideration and approval a draft Staging Plan. The Owner shall not proceed
with the construction and installation of any Works until the Staging Plan has been approved by the
Director of Public Works and the Director of Planning after any revisions required by them have
been made to the draft Staging Plan. Thereafter, the Owner shall proceed to construct and install
the Works only in accordance with such approved Staging Plan and any amendment which may be
approved thereafter by the Director of Planning and the Director of Public Works. The Staging
Plan for the purposes of this Agreement is the Plan contained in Schedule "G-1" attached hereto
provided that for the purposes of this paragraph 5.7 the Staging Plan may be amended from time to
time with the written approval of the Director.
Page 43
5.8 Approval of Schedule of Works
Prior to the issuance of any Authorization to Commence Work, the Owner shall obtain the
written approval of the Director of a draft schedule (the "Schedule of Works") which sets out the
time at which, and the sequence in which, the Owner proposes to construct and install each of the
Works, Utilities and Services which are required to be constructed and installed by it in accordance
with this Agreement. Notwithstanding the foregoing provisions of this paragraph 5.8, in cases in
which the constructed and installation of the Works is to be staged in accordance with the Staging
Plan, prior to the date of issuance of the Authorization to Commence Works for each stage
provided in the Staging Plan, the Owner shall obtain the written approval of the Director of a
Schedule of Works for such stage, and thereafter shall proceed to construct and install the Works,
Utilities and Services in such stage in compliance with the approved Schedule of Works, and any
amendment(s)thereto which may be approved by the Director.
5.9 Approval of Works Cost Estimates and Stage Cost Estimates
Prior to the issuance of any Authorization to Commence Works, the estimated cost of
construction and installation of the Works, (the "Works Cost Estimates"), shall be submitted by the
Owner to the Director for his consideration and if appropriate his approval. After approval, the
Works Cost Estimate shall be entered for the Owner and the Municipality by the Director in
Schedule "J" hereto whereupon it shall replace the content of Schedule "J" for all of the purposes of
this Agreement. If a Staging Plan has been approved pursuant to paragraph 5.7, prior to the
issuance of an Authorization to Commence Works in the stage the Owner agrees that the estimated
costs of construction and installation of the Works for each stage in question, (the "Stage Cost
Estimates"), shall be submitted by the Owner to the Director for his consideration and if appropriate
his approval. After approval the Stage Cost Estimates shall be entered for the Owner and the
Municipality by the Director in Schedule"J".
5.10 Requirements for Authorization to Commence Works
The Owner shall not commence the construction or installation of any of the Works
without the written permission of the Municipality, (the"Authorization to Commence
Works"). The Owner shall only commence the construction and installation of those Works
permitted by the Authorization to Commence Works. In addition to satisfying all the other
requirements of this Agreement in respect thereof, an Authorization to Commence Works
shall be issued for any of the Works for which the Authorization is sought until the following
conditions have been satisfied:
(a). the final Plan of Subdivision of the Lands has been approved by the Region
pursuant to the Planning Act;
Page 44
(b) the final Plan of Subdivision of the Lands has been registered against the title to the
Lands;
(c) the Owner has delivered to the Municipality (1) a copy(s) of this Agreement as
registered against the title to the Lands;(2) a copy(s) of the registered Plan of
Subdivision of the Lands; and(3) a copy(s) of the other Agreement(s) referred to in
paragraph 2.3 of this Agreement;
(d) the Owner has paid to the Municipality any monies required by paragraphs 3.1, 3.2,
3.3 and 3.4 of this Agreement;
(e) the Owner has delivered the transfers of easements to the Municipality in
accordance with paragraph 2.4 of this Agreement;
(f) the Owner has delivered to the Municipality transfers of the lands and paid the
required cash in accordance with paragraphs 2.5. 2.6 and 4.12(4)of this Agreement,
and such transfers have been registered against the title to the appropriate portions
of the Lands;
(g) the Owner has delivered to the Municipality letters signed on behalf of the authority
authorities or companies having jurisdiction with respect to the Utilities and
Services that are referred to in Schedule "H" that satisfactory Agreement(s) have
been entered into by the Owner with them for the design, construction, installation
and services of the Utilities and Services as is required by paragraph 5.2 of this
Agreement;
(h) the Owner has retained the Owner's Engineer in compliance with paragraph 5.3(1),
has provided the name, telefax number and address of the Owner's Engineer to the
Director in writing, has provided the Director with the written acknowledgement
and permission of the Owner's Engineer as required by paragraph 5.5(2), and has
provided the Director with the Owner's Engineer's
written undertaking that they or it will comply with the provisions of Schodule "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;
Page 45
(j) the Owner has been given the written approvals of the Director of Planning and
Development, Director of Public Works and Director of Community Services of the
Tree Preservation Plan as required by paragraph 4.1 of this Agreement.
(k) the Owner has received written approvals of the Director of Planning and the
Director of Public Works of the Landscape Plan as required by paragraph 4.2 of this
Agreement;
(1) the Owner has received the written approval of the Director of the Grading and
Drainage Plan required by paragraph-5.6 of this Agreement;
(m) the Owner has received the written approvals of the Director of Public Works and
the Director of Planning of the Staging Plan as provided in paragraph 5.7 of this
Agreement;
(n) the Owner has received the written approval of the Director of the Schedule of
Works as required by paragraph 5.8 of this Agreement;
(o) the Owner has received the written approval of the Director to the Works Cost
Estimates or the Stage Cost Estimates as required by paragraph 5.9 of this
Agreement;
(p) the Owner has deposited with the Municipality a Performance Guarantee required
by paragraph 3.6 and other provisions of this Agreement and has made all cash
payments to and deposited all letters of credit with the Municipality as required by
this Agreement;
(q) the Owner has deposited with the Municipality's Treasurer all policies of insurance
or proof thereof required by and in accordance with paragraph 3.9 and Schedule "K"
of this Agreement;
(r) the Owner has paid all costs required to be paid to the Municipality by paragraph
3.14 of this Agreement on or prior to the date of issuance of the Authorization to
Commence Works;
(s) the Owner has deposited with the Director written approval of all relevant approving
agencies including the Ministry of the Environment, the Ministry of Natural
Resources, the Region and the Central Lake Ontario Conservation Authority with
respect to the Works;
Page 46
(t) the Owner has deposited with the Director its written undertaking to provide the
Director without cost with a copy of the contract documents, names and addresses
of all contractors, sub-contractors and suppliers of services and materials, and copies
of all sub-contracts and supply contracts relating to the construction and installation
of the Works for which the application for Authorization to Commence Works is
made, forthwith after written notice is given by the Director to the Owner to provide
any or all of the aforesaid material; and
(u). the Owner has been given the written approvals of the Director of Planning and
Development, Director of Public Works and Director of Community Services as
required by paragraph 4.12 of this Agreement.
(2) Notwithstanding the provisions of paragraph 5.10(1), the Owner may commence the
construction and installation of the Works with the written approval of the Director prior to
the registration of the Plan of Subdivision referred to in paragraph 5.10(l)(b), provided that
the requirements of clauses 5.10(1)(d),(g),(h);(i),0),(k), (1),(m), (n), (o), (p), (q), (r), (s)
and (t) have been satisfied by the Owner and the lands and easements considered by the
Director to be necessary to accommodate the Works and all components thereof have been
transferred to the Municipality. In such a case, however, a Certificate of Completion of the
Works, shall not be issued by the Director until a Plan of Subdivision of the Lands has been
registered against the title to the Lands and, all the other requirements of this Agreement
respecting the issuance of a Certificate of Completion have been satisfied. Notwithstanding
the approval of the Director under this paragraph 5.10(2), the Owner agrees with the
Municipality that the construction or installation of any of the Works pursuant to paragraph
5.10(1), if undertaken, shall be undertaken at the sole risk of the Owner and the Owner
hereby waives any right that he might otherwise have as a result of its construction and
installation of any of the Works.
5.11 Requirements for Commencement of Subsequent Stages of Works
If the Director has approved a Staging Plan for the Lands, the Owner shall require an
Authorization to Commence Works for each stage defined in the Staging Plan.
5.12 Inspection and Stop Work
The Owner shall ensure that every contact that may be made by the Owner with any
contractor to construct or install any of the Works shall provide that employees or representatives of
the Municipality may, at any time, inspect the work of such contractor and shall require the
contractor to comply with stop work orders given by the Director pursuant to this paragraph 5.12.
The Director may give the Owner a written order to stop the construction or installation of any of
the Works that is being undertaken by giving written notice either to the Owner or to the Owner's
Page 47
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 "U.
(2) The Owner shall keep the Municipality road surfaces and ditches clean of dirt, mud and
refuse until a Certificate of Acceptance of all Works contemplated in this Agreement has
been issued as provided for by this Agreement. If the Owner has not performed its
obligations under this paragraph 5.13(2), the Municipality may do so and deduct the
reasonable cost thereof from the Performance Guarantee. The Owner shall restore the
Performance Guarantee to the amount otherwise required by this Agreement, forthwith after
the Director gives the Owner written notice of the amount of the deduction in question.
5.14 Sequence of Construction of Works
Following the issuance of an Authorization to Commence Works, the Owner shall proceed
in good faith to construct and install all of the Works referred to in the Authorization to Commence
Works continuously and in accordance with the timing and sequence therefor set-out in the
Schedule of Works.
5.15 Completion Time for Construction of Works
Within two (2) years of the date of the issuance of an Authorization to Commence Works,
Page 48
the Owner shall complete the construction and installation of all of the Works authorized in such
Authorization to Commence Works with the exception of the curbs, sidewalks, final coat of asphalt,
final lot grading, driveway approaches, sodding and tree planting which may be completed later if
done so in accordance with the provisions of the Schedule of Works.
5.16 Additional Work
Until the conclusion of Maintenance Guarantee Period referable thereto, if in the opinion of
the Director, any incidental additional work is required to provide for the adequate operation,
functioning and maintenance of any of the Works,the Owner, at its cost, shall construct and install
such additional facilities and perform such additional work as the Director may request from time
to time by written notice given to the Owner.
5.17 Incomplete or Faulty Works and Liens
(1) Without derogating from the other provisions of this Agreement, if, in the opinion of the
Director, (1) the Owner is not constructing and installing or causing to be constructed or
installed any of the Works required by this Agreement so that it or they will be completed
within the time specified for such completion in the Schedule of Works, or(2) the Works or
any component(s) thereof are being improperly constructed or installed, or (3) the Owner
neglects or abandons the said Works or .any part of them before completion, or (4)
unreasonable delay occurs in the construction or installation of the Works, or (5) for any
other reason the Works are not being constructed or installed properly and promptly and in
full compliance with the provisions of this Agreement, or(6) the Owner neglects or refuses
to reconstruct or reinstall any of the Works or component(s) thereof which may be rejected
by the Director as being defective, deficient, 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,
Page 49
suppliers and employees at the cost of the Owner without prior notice to the Owner,
provided that forthwith after the Municipality so acts, the Director shall give written notice
to the Owner of his determination as aforesaid, describing the action taken by the Director,
and the cost of correcting or remedying the deficiency or default in question or the cost of
completing the Works and the components thereof, as the case may be. For the purposes of
this paragraph 5.17(1) the cost of any work which the Municipality undertakes under this
paragraph 5.17(1) shall be determined by the Director in his absolute discretion. It is
understood and agreed by the Parties that the costs for which the Owner is responsible
under this paragraph 5.17(1) shall include a management fee payable to the Municipality
either of thirty (30%)percent of the contractor's charges to the Municipality (including any
charges for overhead and profit) or, if such work is undertaken by the Municipality, thirty
(30%)percent of all costs incurred by the Municipality to correct or remedy the deficiencies
or defect or to complete the Works and all components thereof as the case may be. The
Owner shall pay the Municipality an amount equal to the cost of all Works and components
thereof, and the cost of correcting or remedying all deficiencies and defects referred to in
this paragraph 5.17(1)which have been incurred by the Municipality or are estimated in the
Director's absolute discretion to be likely to be incurred by the Municipality forthwith after
the Director gives the Owner written demand for payment of such cost. If the amount paid
is based on the Director's estimate as aforesaid, forthwith after actual costs are more than
the estimated costs, the Owner shall forthwith pay the Municipality an amount equal to the
difference between them. If the actual costs are less than the estimated costs, the
Municipality shall forthwith refund the difference between them to the Owner.
(2) In the event that (1) a claim for a lien in respect of the Works or any component thereof is
registered against the title to any land vested or which should have been vested in the
Municipality or is filed with the Municipality, or (2) the Municipality receives written
notice of a claim of an alleged beneficiary of a statutory trust under the Construction Lien
Act, such registration, filing or notice shall constitute a default in perfonnance 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 claim as the case may be within
ten (10) business days, excluding Saturdays, Sundays and statutory holidays, after the
giving of such notice plus any further period of time as may be specified in the notice, then
the Municipality in its absolute discretion either may (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
Page 50
for the Maintenance Guarantee for the purpose of making payment under this paragraph
5.17(2). The Owner shall indemnify the Municipality against the costs and expense
incurred by the Municipality in making payment pursuant to this paragraph 5.17(2)
forthwith after the Director gives the Owner written notice requiring him to do so. In the
event that the Municipality draws on and appropriates any portion of the Performance
Guarantee or the Security for the Maintenance Guarantee for any of the aforesaid purposes,
forthwith after the Director gives written notice to the Owner requiring it to do so, the
Owner shall reinstate the Performance Guarantee and/or the Security for the Maintenance
Guarantee, as the case may be, to the full amount(s) required under the provisions of this
Agreement.
5.18 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, 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 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.
Page 51
5.20 Damage to Neighbouring Wells (Rural Applications Only)
(1) Prior to the commencement of and during the period of construction or installation of the
Works, the Owner shall cause to be carried out, at its expense, the ground water monitoring
program which has been approved by the Director pursuant to this paragraph 5.20(1), (the
"Monitoring Program"). The Monitoring Program shall be prepared in draft form by a
qualified hydrogeologist(the"Hydrogeologist")who shall be retained by the Owner, at the
Owner's expense, after the Hydrogeologist is first approved by the Director. The Draft
Monitoring Program shall be submitted to the Director for his consideration and approval.
After the Monitoring Program has been approved, it shall be implemented by the
Hydrogeologist. The Monitoring Program shall describe the number and location of the
piezometric observation wells which are to be installed by the Owner, and the frequency,
method of observation,method of collection and recording of data and the timing, form and
addresses of the report of the Hydrogeologist's analyses and findings to the Municipality, as
well as such other matters as the Director considers to be appropriate. After the draft
Monitoring Program has been approved by the Director with or without such
modification(s) as he may consider appropriate, it is the Monitoring Program for the
purposes of this Agreement.
(2) For the duration of the Monitoring Program, the Owner, as its cost, shall cause the
Hydrogeologist to provide the Director with a copy, of all reports prepared by him in
connection with or in implementation of the Monitoring Program forthwith after they are
prepared. For the duration of the Monitoring Program, the Owner also shall cause the
Hydrogeologist to make available to the Director, at no cost to the Municipality, forthwith
after a written request therefore is given to the Hydrogeologist by the Director, a copy of all
data collected and all analyses made in connection with or implementation of the
Monitoring Program. Forthwith following the completion of the Monitoring Program, the
Owner shall cause the Hydrogeologist to provide to the Director, at no cost to the
Municipality, a copy of all data collected and all analyses and reports made by the
Hydrogeologist in connection with or in implementation of the Monitoring Program which
previously have not been provided to the Director pursuant to this paragraph 5.20(2),
together with a certificate of the Hydrogeologist, in a form satisfactory to the Municipality
Solicitor that all the data, analyses and reports required to be provided to the Director by
this paragraph 5.20(2), have been provided to him. In addition to the foregoing, the Owner
shall cause the Hydrogeologist to prepare separate reports, to the satisfaction of the Director
for each and every occurrence of apparent well interference caused by construction activity
within the Lands and reported to the Municipality, and to deliver the same to the Director,
at no cost to the Municipality, forthwith after each of them is completed.
Page 52
(3) If an Appropriate Authority determines that the well or private water supply of any
person(s) outside the Lands is interfered with or dewatered as a result of the construction or
installation of the Works:
(a) where the interference to a well or private water supply is of short term duration(i.e.
during the course of dewatering and excavation and within one (1) month of
completion of dewatering), in the opinion of an Appropriate Authority, the Owner
shall make available to the affected party(s), a temporary supply of water at no cost
to the affected party(s);
- or -
(b) where in the opinion of an Appropriate Authority the interference to a well or
private water supply is of a longterm duration, at the option of the Owner and at its
cost, the Owner either (1) with the Region's approval shall connect the affected
party's property to the Region's water supply system, or(2) the Owner shall provide
a new well or private water system for such affected party(s) so that water supplied
to the affected parry's property shall be of a quality and quantity at least equal to the
quality and quantity of water enjoyed by the affected party(s) prior to the
interference, as may be required by the Appropriate Authority by written notice
given to the Owner.
(4) Without derogating from the other provisions of this paragraph 5.20, if the Director
gives written notice to the Owner that he has reason to believe that the well or private water
supply of any person(s) outside the Lands is interfered with or dewatered as a result of the
construction or installation of the Works, forthwith after such notice is given, the Owner
shall cause the quantity of potable water considered to be appropriate by the Director to be
supplied to the affected person(s) free of charge either until such time as the Municipality
Council, after considering a report thereon from the Director or an Appropriate Authority
decides that the well or private water supply in question has not been interfered with or
dewatered as a result of the construction or installation of the Works, or until such time as
the Owner performs its obligations under paragraph 5.20(3), as the case may be.
5.21 Use of Works by Municipality
The Owner acknowledges and agrees that any of the Works my be used by the Municipality
and such other person(s) who is (are) authorized by the Municipality for any of the purposes for
which the Works are designed, without interference by the Owner, and without the payment of any
fee or compensation to the Owner, and for such purposes the Municipality and other person(s)
Page 53
authorized by the Municipality may enter upon the portion(s) of the Lands on which the Works are
located.
5.22 Maintenance of Roads after Completion
(1) In addition to any other requirement of this Agreement that the Owner maintain the Works,
if any building(s) on the Land is occupied, the Owner, at the Owner's cost, shall maintain
each road(s), which is required to be constructed and provides access to such building(s),
until a Certificate of Acceptance has been issued for such road(s), and without limiting the
generality of the foregoing,the Owner shall:
(a) maintain the road(s) at all times in a well drained, dust and mud free condition,
suitable for ordinary vehicular traffic, to the approval of the Director;
(b) during the course of construction and installation of the Works, Utilities and
Services pursuant to this Agreement,provide and maintain safe and adequate access
to all occupied buildings; and
(c) erect a sign to the satisfaction of the Director to indicate that the road(s) are
"unassumed road(s)" which the Municipality is not required by law to repair and
maintain.
(2) The Municipality agrees to snowplough and sand all paved road(s) shown on the registered
Plan of Subdivision of the Lands, for and on behalf of the Owner until the Certificate of
Completion of the Final works has been issued, provided that until the date of issuance of
the aforesaid Certificate of Completion, the Owner shall pay to the Municipality one
hundred (100%) percent of the costs of snowploughing and sanding such road(s), as
determined by the Director, from time to time, and forthwith after being given written
notice of such costs by the Director.
(3) The Owner acknowledges and agrees that the undertaking or provision of repairs or
maintenance by the Municipality under paragraphs 5.18, 5.19 or 5.22(2) in respect of
road(s), is not intended nor shall it in any way constitute or be taken to constitute the
approval or assumption by the Municipality of the road(s) in question. The road(s) shall not
be deemed to have been assumed until both a Certificate of Acceptance has been issued,
and a By-law has been passed by Municipality Council 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.
Page 54
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 any of the Works, except 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 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 Municipal Council, Council may approve the report of the
Director. Following Council's approval of this report as aforesaid the Director may provide the
Owner with a Certificate of Acceptance of the Final Works.
5.25 Ownership of Works by Municipality
For greater certainty, the Owner acknowledges and agrees that the Municipality is the
Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall have no right
or claim thereto, other than as an owner of land abutting a highway in which such Works are
installed.
Page 55
5.26 Requirements for Certificate of Release
Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this paragraph
5.26, and the Works located thereon have been constructed, installed and accepted by the issuance
of a Certificate of Acceptance,the Municipality shall provide the Owner with a written release (the
"Certificate of Release")respecting the Lands,-for which a Plan of Subdivision has been registered.
The Certificate of Release shall be in a form suitable for registration or deposit in the proper Land
Registry Office. In addition to the Owner satisfying the other requirements of this Agreement
respecting the issuance of a Certificate of Release, the Certificate of Release shall not be issued
until:
(a) a Certificate(s) of Acceptance has been issued for all the Works;
(b) a registered Ontario Land Surveyor, acceptable to the Director and retained by the
Owner at the Owner's expense has provided the Municipality with written
confirmation that at a date not earlier than the date of issuance of the Certificate of
Completion of the Final Works, he has found, placed or replaced all standard iron
bars shown on the registered final Plan of Subdivision of the lands and has found,
placed or replaced all survey monuments at all block corners, the end of all curves,
other than corner roundings, and all points of change in direction or road(s) on such
Plan; and
(c) Municipal 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 Not Used
5.28 Cost of Works Referred to in Schedule "G"
The Owner acknowledges and agrees that it will pay the total cost of the Works referred to
in Schedule "G" hereto. The Owner will not seek any credit or rebate for or of any part of the total
cost of the Works by reason of any of them b04 mrsiad to accomrnodato drainage or traffic
from lands outside the limits of the Lands, whether from or in respect of a development charge
Page 56
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, 1997, 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(s) or block(s) on the final Plan of Subdivision registered against the title to the
Lands shall have the sole responsibility for the following which shall be performed or undertaken at
its cost:
(a) the provision and maintenance of adequate drainage of surface waters from such lot(s) or
block(s) in accordance with the approved Grading and Drainage Plan referred to in
paragraph 5.6 herein of this Agreement;
(b) compliance with the provisions of paragraph 4.6 "Requirements for Building Permits" of
this Agreement if, at the date of issuance of the Certificate of Release, a building permit has
not been issued for the lot(s)or block(s)in question; and
(c) the maintenance of fencing required by Schedule"G",paragraph 4.2 and paragraph
4.12(26).
ARTICLE 8-TIME OF ESSENCE
Time is of the essence of this Agreement.
Page 57
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.
ARTICLE 10 - AUTHORITY TO UPDATE AND COMPLETE AGREEMENT
INCLUDING SCHEDULES
On behalf of the Parties to this Agreement, the Director of Planning and Development is
hereby authorized from time to time to complete registration particulars of any instruments referred
to either in the text of this Agreement or in the Schedules hereto, and to update and complete any
one or more of the Schedules as further information becomes available to the Municipality,
provided that forthwith after each occasion on which he takes any of the aforesaid actions, the
Director of Planning and Development gives written notice thereof to each of the Parties, with the
exception of the Municipality.
Page 58
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day
and year first above written and the Parties hereto have hereunto affixed their corporate seals by the
hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND } THE CORPORATION OF THE
} MUNICIPALITY OF CLARINGTON
DELIVERED }
}
}
In the presence of: } MAYOR
}
}
}
} C RK
}
}
}
} 1138337 ONTARIO LTD.
}
}
} Name. Title
}
}
}
} Name: Title
}
}
} THE BANK OF NO SCOTIA
}
}
}
} ame: e-,-,) Title„S��
}
I/We have the Authority }
to bind the bank }
} NayC
o„,, C'.-r Title
}
Page 59
SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27"day of October, 1997.
LEGAL DESCRIPTION OF LANDS
FIRSTLY:
PIN#26661-0318
All of Lots 49, 50, 51, 52, 53, 54 and
Part of Lots 55, 56, 57, Block 35
Lying Immediately East of the West Limit of
Lot 28, Concession 1, and Lots 50, 51, 52, 53, 54 and
Part of Lots 55 and 56, Block 35
Fronting on Church Street, and
Part of Parts 13 and 18 on Plan 40R-14915,
C.G. Hannings Plan,Former Village of Newcastle
Geographic Township of Clarke,
Municipality of Clarington,Regional Municipality of Durham
SECONDLY:
Part of PIN#26661-0319
Part of Lot 52, Block 36
Fronting on Mill Street,
Part of Lots 50, 51, 52, 53 and 54,Block 36
Fronting on Church Street,
Part of Part 14 on Plan 40R-14915,
C.G. Hannings Plan, Part of Lot 28, Concession 1,
Former Village of Newcastle
Geographic Township of Clarke,
Municipality of Clarington,Regional Municipality of Durham
Save and Except Parts 1, 2, 3 and 4 on Plan 40R-19951
THIRDLY:
Part of PIN#26661-0140
Part of Church Street
C.G. Hannings Plan
Former Village of Newcastle
Geographic Township of Clarke,
Now in the Municipality of Clarington, Regional Municipality of Durham
Designated as Part 1 on Plan 40R-20081
Page 60
SCHEDULE "B"
THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27" day of October, 1997.
PLAN OF SUBDIVISION
(Insert reduction of Plan 18T-91012)
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Page 61
Scheduled "B" -2-
(Insert reduction of the 40M Plan)
i
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;8T-91012 PLAN 40M-
I CENTi THAT TIXS PLAN IS REWTEREO x
THE LAID RE¢STRY—FOR TIE LAND TITLES
CVEVE OA ..,.OF gxNAM INE 101
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N BLOCK 20 GLARKE STREET —.moo AND EICR w THE PARCEL
1BV G G NANNING'S PLAN OF THE VILLAGE OF NEWCASTLE) PART 3, AND M FOR RED CON V TS ARE
—
a,u PIN 26661 -01}} PLAN _ Aro THE D AS PL CONSENTS ARE
c sx,XXXarw� > Xv 40R- b u Y REGISTERED AS PLAN OOCUAENT
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2LOT 50 $ g i 13 I I Ml OF LOTS 50,516 52.53 NO 54 PMT OF LOTS
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Page 62
SCHEDULE "C"
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27"'day of October, 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
Page 63
SCHEDULE "D"
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27t'day of October, 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(19) single family dwellings; (0) semi-detached dwellings; (0)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
$103,702.00 dollars payable as follows:
I. PHASE 1 OF THE DEVELOPMENT OF THE LANDS
Phase 1 of the Development of the Lands consists of(19) single family dwellings; (0)
semi-detached dwellings and (0) townhouse dwellings. Subject to the adjustment referred to in
paragraph 3.4(1) of this Agreement the aggregate amount payable is $ 103,702.00 dollars
payable as follows:
(a) The Owner shall prior to obtaining each building permit for a building or the Lands pay
with the Building Permit application for the permit an amount equal to the amount of the
Development Charge imposed by the Development Charge By-law for the individual
dwelling unit type for which a building permit is sought.
Provided that if a credit is available under a 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 Act.
II. PHASE SUBSEQUENT TO PHASE 1 OF THE DEVELOPMENT OF THE
LANDS
To be completed prior to registration of each 40M-Plan after Phase 1 of the Development
of the Lands.
Page 64
SCHEDULE "E"
THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27'day of October, 1997.
(1) On the execution of this Agreement,the Owner shall deliver to the Municipality transfers of
the following easements:
Part 4 on 40R- external ditch inlet
(2) Easements for the rear yard catch-basins and storm sewers shall be perpetual in duration.
(3) Without derogating from the other provisions of this Agreement,the Owner shall transfer or
cause to be transferred to the Municipality easements to accommodate any work provided
for in the approved Engineering Drawings or the reapproved Engineering Drawings in lands
located beyond the limits of the Lands as may be required by and to the satisfaction of the
Director by notice given in writing to the Owner. The Director shall determine the duration
and terms of any such easements. The transfers shall be prepared by the Owner 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 necessary changes to them being considered to have been made to give effect to the
intent of this paragraph(3).
NOT APPLICABLE
(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 * at
which time the block shall be conveyed without charge to the Owners of the abutting lots,
where applicable.
(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
Page 65
Schedule "E" - 2 -
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.
' r
Page 66
SCHEDULE, "F"
THIS SCHEDULE IS SCHEDULE 'T" to the Agreement which has been authorized
and approved by By-law No.97-235 of The Corporation of the Municipality of Clarington,enacted .
and passed the 27''day of October, 1997.
LANDS TO UE TRANSFERRED TO MUNICIPALITY AND/OR CASH TO BE PAID
IN LIEU THEREOF
(1) Dedication of Lands
The Owner shall deliver to the Municipality in a form satisfactory to the Municipality,
transfers in fee,simple absolute the following land shown on the 40M Plata:
Blocks 22 and 23 - 0.3 metre reserves abutting Lots 8,9 and 18
Blocks 20 and 21 - road widening
Part 3 on 40R- road widening
(2) Cash in Lieu of Lands for Park or Other Public Recreational Purposes
On the execution,of this Agreement,the Owner shall pay to the Municipality,as cash in lieu
of the dedication by the Owner to the Municipality of lands for park or other public
recreational purposes, the amount of five (5%) percent of the market value of the Lands
being$10,885.00 which the Owner and the Municipality hereby wknowledge and agree to
be properly calculated at the rate of(5 01*)percent applied against the stunt of$217,000.00
dollars.
J
ZO 'd 0£90 29 906 ON Xdd ONINNVId NOIONI8d10 Wd 9921 NOW 00-91-d35
Page 67
SCHEDULE "G"
THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27'day of October, 1997.
WORKS REQUIRED
The Owner shall construct, install, supervise and maintain the following Works, including
all connections, alterations, adjustments and transitions required to suit existing systems or lands in
accordance with the Municipality's Design Criteria and Standard Drawings, and the Engineering
Drawings, all to the approval of the Director:
(1)(a) A storm sewer system for the removal of upstream storm water and storm water originating
within the said Lands, including storm sewer mains and connections, manholes, service
connections, catch-basins and rear yard catch-basins and leads, open channels, storm
outfalls and structures and any other appurtenances and oversizing as may be required (the
"Storm Sewer System").
(b) A stormwater management system consistent with the "Master Drainage Plan", complete
with overland flow routes, detention and retention facilities, quality control devices, outlets,
erosion and sedimentation control measures and any other necessary facilities as required
(the "Stormwater Management System").
(c) A road system which accommodates the servicing of the Lands, providing for all vehicular
and pedestrian traffic and access to all lots and blocks within the Lands, including the
removal or installation of turning circles, and the Works required within the road, including
suitable subgrade, subbase and base granular materials, subdrains, base and top stage curbs
and gutters, base and surface asphalt, traffic control and street name signs and sidewalks
and all streetscape components including street trees, boulevard topsoil and sodding, street
lighting, gravel driveway aprons, and where sidewalks exist, gravel driveway aprons with
paved surfaces between curb and sidewalk and shall include all works on Clarke Street,
Baldwin Street and Port of Newcastle Drive, including all necessary underground servicing
and above ground works, as shown on and consistent with Drawings Gl, GRl, P1, P2, P3
and P11A Project No. 10-96609 prepared by Marshall Macklin Monaghan dated October
1998 as finally approved by and on file with the Director (Collectively referred to as the
"Road System").
Page 68
Schedule "G" - 2 -
(d) A street lighting system which provides illumination of roads and walkways to serve the
said Lands including all connections, energy and maintenance costs, appurtenant apparatus
and equipment, in the locations as approved by the Director(the "Street Lighting System").
(e) Related Works including grading, landscaping, fencing, noise attenuation measures,
walkways (including lighting) and other miscellaneous.Works shown on the Engineering
Drawings and Grading and Drainage Plan(the"Related Works").
PHASING OF THE WORKS
The Works shall be divided into the following stages,unless approved by the Director:
(2) INITIAL WORKS
Storm Sewer System including all appurtenances;
initial roadworks including subgrade, subbase and base granular materials,
subdrains, base curbs, base asphalt,traffic control and street name signs of the Road
System;
grading; and
noise attenuation fencing(collectively called the "Initial Works").
(3) STORMWATER MANAGEMENT SYSTEM
(4) STREET LIGHTING SYSTEM
(5) FINAL WORKS
final roadworks including top curbs and gutters, surface asphalt, sidewalks, street
trees,boulevard topsoil and sodding and driveway aprons of the Road System; and
landscaping works, fencing, walkways and any remaining works not outlined in
paragraphs(2), (3) and(4)of Schedule "G".
Page 69
SCHEDULE "H"
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27'day of October, 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
and installation of a complete cable television distribution system to serve the said Lands.
All cable television services are to be installed underground.
a Y ,
Page 70
Schedule"H" - 2 -
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.
Page 71
SCHEDULE "I"
THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been authorized and
approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted and
passed the 27'day of October, 1997.
DUTIES OF OWNER'S ENGINEER
1. DESIGN WORKS AND PRIVATE WORKS
In addition to the other requirement of this Agreement, the Owner's Engineer shall prepare
all drawings,plans, studies,reports, estimates, calculations and documentation for the consideration
and approval of the Director,which include:
(a) the Engineering Drawings and other related Drawings;
(b) the Grading Plans, Drainage Plans, Landscaping Plans, Staging Plans, Utility Composite
Plans, Master Drainage Plans, Erosion and Sedimentation Control Plans, Tree Preservation
Plans, and other related Plans;
(c) Traffic Reports, Soils Reports, Geotechnicgl 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.
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
Page 72
Schedule"1" - 2 -
the overall management of the development, and shall co-operate with the Municipality and the
Director to protect the interests of the Municipality and the general public in all matters relating to
the design, construction and installation of the Works. In addition, the Owner's Engineer shall work
in accordance with all conditions of the Agreement, including Section 5 and Schedules "G", "H",
"I", "Jvv AND "Ll'
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;j)rawings and all applicable law. The Owner's
Engineer shall have the authority and responsibility to immediately stop and/or reject any
work, procedure, or material which in his opinion does not comply with the Engineering
Drawings,the Design Criteria and Standard Drawings,and/or the applicable law.
(c) To carry out or arrange the carrying out by qualified personnel of all necessary monitoring
and field testing of procedures, equipment and materials installed or proposed to be
installed and, in conjunction with the geotechnical engineer, and where appropriate, the
structural engineer, provide certification to the Director that all monitoring and test results
meet the requirements of Schedule"L" of this Agreement.
(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.
Page 73
Schedule"I" _ 3 -
(f) To obtain field information during and upon completion of the construction and installation
of the Works required to modify the Engineering Drawings to produce the as-constructed
drawings of the Works.
4. MAINTAIN RECORDS
The Owner's Engineer shall maintain all records, data, reports, approvals and orders
pertaining to the construction and installation including all contract documents, sub-contracts and
supply contracts, payment certificates, payment records and receipts, certificates of substantial
performance, the names and addresses of all contractors, sub-contracts and proof of service and
publication thereof in accordance with the provisions of applicable legislation and make all of the
foregoing available for examination by the Director as required by the Director without cost. If any
change is made in the terms of a contract, sub-contract or supply contract or in the name or address
of a contractor, sub-contractor and supplier from information that may not have been provided to
the Director by the Owner or the Owner's Engineer pursuant to this Agreement, the Owner's
Engineer immediately after becoming apprised of each change shall give the Director written notice
of it.
5. PROVIDE PROGRESS
The Owner's Engineer shall provide the Director with reports on the progress of the
construction and installation of the Works on a monthly basis, or at such other interval as approved
by the Director.
6. PREPARE AS-CONSTRUCTED DRAWINGS
The Owner's Engineer shall prepare and submit the as-constructed drawings of the Works
together with the computer disks, if any have been prepared, to the Director provided that the as-
constructed drawing shall be prepared to the satisfaction of the Director.
Page 74
SCHEDULE "J"
THIS SCHEDULE IS SCHEDULE"J" to the Agreement which has been authorized and
approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted and
passed the 27'day of October, 1997.
WORKS COST ESTIMATES
1. Clearing and Grubbing $ 2,000.00
2. Sediment Control $ 15,059.00
3. Storm- External $ 104,673.87
4. Storm-Internal $ 41,538.41
5. Roads -Year 1 Internal $ 32,207.73
6. Roads - Year 1 External $ 110,415.86
7. Street Lighting $ 31,581.84
8. Roads-Year 2 Internal $ 28,584.05
9. Roads-Year 2 External $ 88,664.71
10. Topsoil/Sod Boulevards $ 4,380.00
11. Driveway Aprons $ 5,301.00
12. Street Trees $ 6,650.00
Sub-total: $ 471,056.47
5% Contingency $ 23,552.82
Sub-total: $ 494,609.29
10%Engineering $ 49,460.93
Sub-total: $ 544,070.22
7% G.S.T. $ 38,084.92
TOTALS: $ 582,155.14
PLUS 15%HOLDBACK ON COMPLETED WORK $ 0.00
PLUS 20% COMPLETION ALLOWANCE ON FINAL WORKS $ 0.00
REQUIRED LETTER OF CREDIT $ 582,155.14
Page 75
Schedule "J" - 2 -
SUBSEQUENT STAGES
The Performance Guarantee for the Works shall be based on the preliminary Works Cost
Estimates which have been submitted to the Director by the Owner's Engineer and approved by the
Director. When the Engineering Drawings and the Landscaping Plan have been approved by the
appropriate Director as is required by this Agreement, a revised Works Cost Estimates for the
construction and installation of Works shall be prepared by the Owner's Engineer and submitted to
the Director for approval. The revised Works Cost Estimates shall be used as a basis to adjust the
Performance Guarantee, in the event of an increase or decrease in the Works Cost Estimate.
Page 76
SCHEDULE "K"
THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27"'day of October, 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 result from the storage,use or handling of explosives;
(e) any loss or damage that shall or may result from the drainage of surface waters on or from
the said Lands;
(f) any loss or damage that shall or may result from the disposal of effluent from any sewage
disposal works; and
(g) any loss or damage that shall or may happen to any public road or to any property of the
Municipality or to the property of any other person either directly or indirectly by
reason of the Owner undertaking the development of the said Lands together with any or all
of the Works,Utilities and Services pertaining thereto.
Page 77
Schedule"K" - 2 _
2. AMOUNTS OF COVERAGE REQUIRED
Policy or policies of insurance shall be issued jointly in the names of the Owner and the
Municipality and shall provide the following minimum coverages for five million ($5,000,000.00)
dollars for all damage arising out of one (1) accident or occurrence or series of accidents or
occurrences.
The issuance of such policy or policies of insurance or the acceptance of it or them by the
Municipality shall not be construed to relieve the Owner from responsibility for other or larger
claims for which it may be held responsible.
3. EXEMPTION OF COVERAGE PROHIBITED
The policy or policies of insurance shall contain no coverage exemptions or limitations for:
(a) any shoring,underpinning,raising or demolition of any building or structure
(b) any pile driving or caisson work;
(c) any collapse or subsidence of any building, structure or land from any cause; or
(d) any storage, handling or use of explosives in cases in which the Owner is required to obtain
the Director's permission to carry out a blasting operation under Schedule "L" of this
Agreement.
4. TERM OF INSURANCE
The term of the required insurance shall commence no later than the day which the first
Authorization to Commence Works is issued and shall terminate no earlier than the last day on
which all Certificates of Acceptance have been issued for each of the Works for all the Works
contemplated by this Agreement.
Page 78
SCHEDULE "L"
THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27g'day of October, 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 revision thereof and all applicable legislation, in addition to
any requirements set out in this Agreement.
2. SAFETY
The Owner shall ensure that all construction pursuant to and associated with this Agreement
is carried out in conformance with the Occupational Health and Safety Act, and other applicable
legislation.
3. PERMITS AND APPROVALS
The Owner shall ensure that any and all permits and approvals 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 been obtained and are valid and in good standing.
4. REQUIREMENTS FOR BLASTING
Prior to commencing any blasting, the Owner shall obtain from the Director, permission to
carry out the blasting operation.
S. REMOVAL OF TOPSOIL
The Owner shall not remove any topsoil from the said Lands except for construction
purpose and such topsoil must remain within the limits of the said Lands.
Page 79
Schedule 11L" - 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 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.
Prior to the issuance of a Certificate of Completion, the Owner's Engineer, in conjunction
with the geotechnical engineer and where applicable structural engineer, shall issue a
certificate in a form acceptable to the Director,confirming,based on the location, frequency
and type of tests and monitoring 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"U'.
Page 80
Schedule "L" - 3 -
(3) The Owner agrees that the Director may,a at his sole discretion, employ a geotechnical
engineer to carry out independent qualitive or quantitative tests on behalf of the
Municipality, for any portion of the Works, procedures, equipment or materials installed or
constructed or to be installed or constructed and that the costs of such testing shall be paid
by the Owner.
9. TELEVISED INSPECTION OF STORM SEWER
The Owner agrees to televise and record, to the satisfaction of the Director, and for
Municipality, use, all of the storm sewers, and where deemed necessary by the Director, all
catchbasin leads and service connections and, subsequent to any rectifications or additional work,to
re-televise and record to the satisfaction of the Director, any storm sewer, catchbasin lead, rear yard
catchbasin lead or service connection and that all associated costs shall be paid by the Owner.
10. WINTER CONSTRUCTION
In addition to the materials testing criteria for cold weather construction, any pipe bedding,
trench backfill or road building material found to contain frozen material shall be deemed
unacceptable and shall be removed immediately.
The Owner shall not commence placement of base asphalt paving later than December 1 st
and shall not commence placement of surface asphalt paving later than November 15th, unless
approved otherwise by the Director.
Should the Director be of the opinion that any of the Works are not being constructed using
effective cold-weather precautions he may, in his absolute discretion, revoke any Authorization to
Commence Works and suspend construction by issuing a stop work order to be in effect until the
Director give the Owner written notice of the termination of the stop work order.
11. MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS
The Owner shall, at all 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 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
Page 81
Schedule"L" - 4 -
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.
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.
12. 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.
Page 82
SCHEDULE I'M"
THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27'day of October, 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 40M PLAN
Lots 1 to 18 - Single Family Detached Dwelling Units
Blocks 20 and 21 - Road Widening
Blocks 22 and 23 0.3 Metre Reserves
Page 83
SCHEDULE "N"
THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27d'day of October, 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 PERMITTED LAND USE
ON 40M PLAN
Page 84
SCHEDULE "O"
THIS SCHEDULE IS SCHEDULE "O" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27'day of October, 1997.
LANDS REQUIRING SITE PLAN APPROVAL
The Owner shall not make or permit or offer any person(s) to make an application for a
building permit for the erection of any building or structure on any of the lands listed in the
following table until a Site Agreement has been entered into with the Municipality and the building
complies in all respects with the terms of the Site Plan Agreement.
LOT OR BLOCK NUMBER PERMITTED LAND USE
ON 40M PLAN
NOT APPLICABLE
Page 85
SCHEDULE "P"
THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27d day of October, 1997.
NOT APPLICABLE
Page 86
SCHEDULE "Q"
THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27'day of October, 1997.
CONSERVATION AUTHORITY'S WORKS
1. Prior to any on-site grading or construction or final registration of the plan, the Owner
shall submit and obtain approval of the Ganaraska Region Conservation Authority and
the Municipality of Clarington for reports describing the following:
a) a detailed Stormwater Management Plan which outlines the intended means of
controlling stormwater runoff in terms of quantity, frequency and duration of all
events up to and including the regional storm;
b) an evaluation of the Graham Creek Wetland Complex with an emphasis on the
possible impacts associated with the development and the proposed methods of
mitigation to protect the wetland's form and function;
C) requirements for long term maintenance of all proposed facilities and construction
details relating to this development; and
d) site grading plans, including pre-development and final scenarios.
2. The Owner shall submit detailed plans for the approval of the Ganaraska Region
Conservation Authority for the proposed access road from Mill Street. These plans must
include an incremental cut and fill plan designed to maintain the current flood plain
characteristics of Graham Creek. A permit from the Conservation Authority will be
required prior to construction.
Page 87
SCHEDULE "R"
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27`t'day of October, 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.
Page 88
SCHEDULE "S"
THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27"day of October, 1997.
REGION'S CONDITIONS OF APPROVAL
1. The Owner shall prepare the final plan on the basis of the approved draft plan of
subdivision, prepared by Bousfield, Dale-Harris, Cutler & Smith Inc., identified as
drawing number B-93333-3-7DP, dated May 8, 1997, which is revised in red and
illustrates 19 lots for single-detached residential, an open space block, lands owned by the
applicant, roadways, a roadway dedication block, and 0.3 metre reserves
2. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
3. The Owner shall name road allowances included in this draft plan to the satisfaction of
the Regional Municipality of Durham and the Municipality of Clarington.
4. The Owner shall retain a qualified landscape architect to prepare and submit a Landscape
Plan to the satisfaction of the Municipality of Clarington.
5. The Owner shall retain a professional engineer to prepare and submit a Hydrogeologist
Report and a Master Drainage and Lot Grading Plan to the satisfaction of the
Municipality of Clarington.
6. The Owner shall retain a qualified consultant to prepare and submit a detailed Tree
Preservation Plan to the satisfaction of the Municipality of Clarington.
7. The Owner shall submit plans showing the proposed phasing to the Region and the
Municipality of Clarington for review and approval if this subdivision is to be developed
by more than one registration.
8. The Owner shall convey the 0.3 metre reserves on the flankage of Lots 8, 9 and 18, as
shown on the draft plan,to the Municipality of Clarington.
9. The Owner shall dedicate the existing road alignment of Mill Street south„ shown as
Block 21 on the draft plan, to the Municipality of Clarington.
10, The Owner shall submit, to the Municipality of Clarington, a Grading and Drainage Plan
that details the configuration of the storm sewer (minor system) and the conveyance of
the overland flow (major system) from this development. The stormwater drainage
works and facilities necessary for this development must be constructed in accordance
with the Master Grading and Drainage Plan for the Port of Newcastle Subdivision Plan
1 ST-91004. All stormwater management facilities within Plan of Subdivision 18T-91004
which are necessary to service this proposed draft plan must be in place prior to
registration. Also, this plan of subdivision cannot proceed to registration until such time
as the external municipal infrastructure works, to service the Port of Newcastle
subdivision 18T-91004 and 18T-96013, have been constructed by the developer of these
plans of subdivision to the satisfaction of the Municipality of Clarington.
r
Page 89
Schedule "S" - 2 -
11. The Owner shall convey land to the Municipality of Clarington for park or other public
recreational purposes in accordance with the provisions of the Planning Act.
Alternatively, the Municipality may accept cash-in-lieu of such conveyance.
12. The Owner shall grant such easements as may be required for utilities, drainage and
servicing purposes to the appropriate authorities.
13. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area
municipal approval of the zoning for the land uses shown on the approved draft plan in
accordance with the provisions of the Planning Act.
14. The Owner shall carry out an archaeological resource assessment of the subject property
and mitigate, through avoidance or documentation, adverse impacts to any significant
archaeological resources found. No demolition, grading, filling, or any form of soil
disturbances shall take place on the subject property prior to issuance of a letter from the
Ministry of Citizenship, Culture and Recreation to the Region of Durham indicating that
all archaeological resource concerns have me licensing and resource conservation
requirements.
15. Prior to any on-site grading or construction or final registration of the plan, the Owner
shall submit and obtain approval of the Ganaraska Region Conservation Authority and
the Municipality of Clarington for reports describing the following:
a) a detailed Stormwater Management Plan which outlines the intended means of
controlling stormwater runoff in terms of quantity, frequency and duration of all
events up to and including the regional storm;
b) an evaluation of the Graham Creek'Wetland Complex with an emphasis on the
possible impacts associated with the development and the proposed methods of
mitigation to protect the wetland's form and function;
C) requirements for longterm maintenance of all proposed facilities and construction
details relating to this development; and
d) site grading plans, including pre-development and final scenarios.
16. The Owner shall submit detailed plans for the approval of the Ganaraska Region
Conservation Authority for the proposed access road from Mill Street. These plans must
include an incremental cut and fill plan designed to maintain the current flood plain
characteristics of Graham Creek. A permit from the Conservation Authority will be
required prior to construction.
17. The Owner shall submit to Ontario Hydro, for review and approval, a detailed lot grading
and drainage plan showing existing and proposed grades. Drainage must be controlled
and directed away from Ontario Hydro property.
18. The Owner shall make arrangements satisfactory to Ontario Hydro for the crossing of the
hydro right-of-way by the proposed road allowance. A separate proposal shall be
submitted to Ontario Hydro's Markham office for this future road crossing.
Page 90
Schedule "S" _ 3 _
19. The Owner shall submit to the Regional Municipality of Durham and the Canadian
National Railway for review and approval, an acoustic report to be prepared by an
acoustic engineer, recommending the necessary noise attenuation measures, and a
vibration study. Prior to final approval, the Region and the Canadian National Railway
shall be notified by a copy of the fully executed subdivision agreement between the
Owner and the Municipality of Clarington that the noise and vibration control features
recommended in the acoustical report and vibration study as approved by the Region, the
Canadian National Railway and the Municipality of Clarington shall be implemented as
approved by requirements of the subdivision agreement.
20. 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 that are required to
service this plan. In addition, the Owner shall provide for the extension of sanitary sewer
and water supply facilities within the limits of the plan which are required to service other
developments 'external to this subdivision. Such sanitary sewer and water supply
facilities are to be designed and constructed according to the standards and requirements
of the Regional Municipality of Durham. All arrangements financial and otherwise, for
said extensions are to be made to the satisfaction of the Regional Municipality of
Durham, and are to be completed prior to final approval of this plan.
21. 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.
22. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of
Clarington. This shall include, among other matters, the execution of a subdivision
agreement between the Owner and the Municipality of Clarington concerning the
provision and installation of roads, services, drainage and other local services. This
subdivision agreement shall address improvement works to roads and sidewalks
necessary to facilitate this development including matters such as the reconstruction of
those portions of Baldwin Street and Clarke Street which are situated adjacent to this
draft plan, the construction of a turnaround at the easterly limit of Clarke Street, and the
closure the existing Mill Street/Clarke Street intersection and portions of the Baldwin
Street road allowance.
23. 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.
24. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain, among other matters, the following provisions:
a) 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 affects party to municipal water
supply system or provide a new well or private water system so that water
supplied to the affected party shall be of quality and quantity at least equal to the
quality and quantity of water enjoyed by the affected party prior to the
interference.
l
Page 91
Schedule "S" - 4 -
b) The Owner agrees to place the following in all agreements of purchase and sale
between the Developer and all prospective home buyers:
i) "Despite the noise control features implemented within the development
and/or within the individual dwelling units, noise levels from the adjacent
Canadian National Railway may occasionally interfere with some
activities of the dwelling occupants".
ii) "Purchasers and tenants are warned of the existing of Canadian National
Railway's operated right-of-way; the possibility of alterations to or an
expansion of its rail facilities thereon in the future, including the
possibility that the Railway may expand its operation, which expansion
may affect the living environment of the residents notwithstanding the
inclusion of noise and vibration attenuating measures in the design of the
subdivision and individual units, and that the Railway will not be
responsible for complaints or claims arising from the Railway's use of its
facilities and/or operations".
C) The Owner agrees to bear the costs of�any relocations or revisions to Ontario
Hydro facilities which may be necessary to accommodate this subdivision.
25. Prior to final approval of this plan for registration, the Commissioner of Planning for the
Regional Municipality of Durham shall be advised in writing by:
a) The Municipality of Clarington, how Conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 15, 22 and 24 have been satisfied;.
b) The Ministry of Citizenship, Culture and Recreation, how Condition 14 has been
satisfied.
C) The Ganaraska Region Conservation Authority,how Conditions 15 and 16 have
been satisfied.
d) Ontario Hydro, how Conditions 17, 18, and 24 c)have been satisfied.
e) The Canadian National Railway, how Conditions 19 and 24 b) have been
satisfied.
Page 92
SCHEDULE "T"
THIS SCHEDULE IS SCHEDULE "T"to the Agreement which has been
submitted and approved by By-Law 97-235 of the Corporation of the Muncipality of
Clarington, enacted and passed the 27u'day of October 1997
TREE PRESERVATION PLAN
"Port of Newcastle" Tree Preservation Report prepared by Daniel J. O'Brien
Associates Ltd., as finally approved and on file with the Director of Public Works.
y
Page 93
SCHEDULE "U"
THIS SCHEDULE IS SCHEDULE "U" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27'day of October, 1997.
LANDSCAPING PLAN
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Page 94
SCHEDULE "V"
THIS SCHEDULE IS SCHEDULE "V" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27`h day of October, 1997.
REQUIREMENTS OF OTHER AGENCIES
A. MINISTRY OF CITIZENSHIP,CULTURE AND RECREATION
1. The Owner shall carry out an archaeological resource assessment of the subject property
and mitigate, through avoidance or documentation, adverse impacts to any significant
archaeological resources found. No demolition, grading, filling, or any form of soil
disturbances shall take place on the subject property prior to issuance of a letter from the
Ministry of Citizenship, Culture and Recreation to the Region of Durham indicating that all
archaeological resource concerns have met licensing and resource conservation
requirements.
B. ONTARIO HYDRO
1. The Owner shall submit to Ontario Hydro, for review and approval, a detailed lot grading
and drainage plan showing existing and proposed grades. Drainage must be controlled and
directed away from Ontario Hydro property.
2. The Owner shall make arrangements satisfactory to Ontario Hydro for the crossing of the
hydro right-of-way by the proposed road allowance. A separate proposal shall be submitted
to Ontario Hydro's Markham office for this future road crossing.
The Owner agrees to bear the costs of any relocations or revisions to Ontario Hydro
facilities which may be necessary to accommodate this subdivision.
C. CANADIAN NATIONAL RAILWAY
1. The Owner shall submit to the Regional Municipality of Durham and the Canadian
National Railway for review and approval, an acoustic report to be prepared by an acoustic
engineer, recommending the necessary noise attenuation measures, and a vibration study.
Prior to final approval, the Region and the Canadian National Railway shall be notified by a
copy of the fully executed subdivision agreement between the Owner and the Municipality
of Clarington that the noise and vibration control features recommended in the acoustical
report and vibration study as approved by the Region, the Canadian National Railway and
the Municipality of Clarington shall be implemented as approved by requirements of the
subdivision agreement.
2. The Owner agrees to place the following in all agreements of purchase and sale between the
Developer and all prospective home buyers:
L t
Page 95
Schedule "V" _ 2 _
i) "Despite the noise control features implemented within the development and/or
within the individual dwelling units, noise levels from the adjacent Canadian
National Railway may occasionally interfere with some activities of the dwelling
occupants".
"Purchasers and tenants are warned of the existing of Canadian National Railway's
operated right-of-way; the possibility of alterations to or an expansion of its rail
facilities thereon in the future, including the possibility that the Railway may affect
the living environment of the residents notwithstanding the inclusion of noise and
vibration attenuating measures in the design of the subdivision and individual units,
and that the Railway will not be responsible for complaints or claims arising from
the Railway's use of its facilities and/or operations".
1
Page 96
SCHEDULE "W"
THIS SCHEDULE IS SCHEDULE "W" to the Agreement which has been authorized
and approved by By-law No. 97-235 of The Corporation of the Municipality of Clarington, enacted
and passed the 27'day of October, 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. Dwellings sited at the corners require full
height masonry products on all elevations.
(b) No substitutions are allowed within paragraph (a) except by written permission of
the Director of Planning and Development.
2. COLOURS
(a) Colours of bricks, siding, roofs and trims must be compatible and in harmony such
as earthtone range,pastel range, grey/black range etc.
(b) Where bricks are used, coloured mortar is required.
(c) Accent colour bricks for brick detailing is permitted provided if used consistently in
group of dwellings.
(d) Colour of caulking around metal flashing or windows is required to match colour of
brick or siding.
3. REPETITION OF ELEVATIONS AND STYLES
(a) Any two (2) dwellings abutting each other must exhibit a minimum of twenty-five
(25%) exterior variations in elevations or colour schedule.
(b) Dwellings of identical elevation and/or colour schedule must be separated by a
minimum of four(4)dwellings.
r �
Page 97
Schedule"W" - 2
(c) Dwellings which mimic the influence of a particular architectural influence (eg.
Georgian, Colonial, Spanish) are permitted only if constructed in a group reflecting
the same architectural influence.
4. OTHERS
(a) All metal roof vents and stacks must be located in the rear slope of roofs and must
be painted to match the roof colour if exposed to public view.
(b) All dwellings must carry brick veneers to within twelve (12) inches of the grade on
front elevation and within twenty (20) inches on side and rear elevations. Exposed
concrete foundation in excess of the aforementioned standard will not be permitted.
(c) The Owner shall encourage the builder of dwellings to vary siting and setback of
dwellings.
(d) The above standards are minimum standards and builders are encouraged to exceed
the standards as long as the objective of creating attractive and aesthetically pleasing
appearance is achieved.