HomeMy WebLinkAbout2009-152CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-152
being a By-law to authorize entering into an Agreement with the Owner(s) of
Draft Plan of Subdivision S-C-2007-0002, any Mortgagee who has an interest in
the said Lands, and the Municipality of Clarington, in respect of S-C-2007-0002
WHEREAS the Owner(s) of Draft Plan of Subdivision S-C-2007-0002 has received Draft
Approval and intends to proceed to Final Approval and enter into a Subdivision
Agreement with the Municipality; and
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington, and seal with the Corporation's
seal, an Agreement between the Owner of Draft Plan of Subdivision S-C-2007-
0002.
2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the
Municipality of Clarington, the said conveyances of Lands required pursuant to
the aforesaid Agreement.
BY-LAW read a first time this 9th day of November, 2009
BY-LAW read a second time this 9th day of November, 2009
BY-LAW read a third time and finally passed this 9th day of November, 2009
,mii., u~x> w~nyvi - .-
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THIS AGREEMENT made in quintuplicate as of this ~~na day of r„ice , 2010
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
-and -
COURTICE HOMESTEAD LAND CORP.
SUBDIVISION AGREEMENT
Page. 2
TABLE OF CONTENTS
ARTICLE 1 -INTERPRETATION AND SCHEDULES 5
1.1 Definitions_._._ „~_~,,,_5
1.2 Schedules .~..._..~11
ARTICLE 2 -GENERAL ly
2.1 Recitals in Operative Part of Agreement ~.ly
2.2 Certification of Ownership ly
2.3 Copy of Plan and Agreements Required.-- 13
2.4 Transfer of Easements. „,~„13
2.5 Transfer of Lands ~,14
2.6 Registration ofTransfers_ .__„_,_, „~14
2.7 Lands for School Purposes ~. ._...._.._15
2.8 Charge on Lands 15
2.9 Registration of Agreement~.a... 15
2.10 Renegotiation and Amendment of Agreement ~.15
2.11 Municipality to Act Promptly. ))
2.12 Assignment of Agreement _._.~. _~„1)
2.13 Replacement of Draft Plan with Final Plah(s) ~ ____...._...~__11
2.14 Notification of Owner ~,,,, _,~,,,,~,,,,~lg
2.15 Postponement of Mortgage ~ _,~1$
2.16 Successors ,__„ 1g
ARTICLE 3 -FINANCIAL .._, ,.~.„, „1g
3.1 Payment of Taxes _~
-- ~_.19
~
3.2 Payment of Local Improvement Charges____._ _lg
3.3 Payment of Drainage Charges ~_„__e~..., ,1p
3.4 Payment of Development Charges 19
3.5 Cash in Lieu of Land Dedication .._.~ ._,,.._yU
3.6 Performance Guarantee Required~_...__... ~~yU
3.7 Use of Performance Guarantee.. y~~
3.8 Indemnification of Municipality._.~... .~y1
3.9 Insurance yy
3.10. Maintenance Guarantee Required.- -- „.,yy
3.11 Use of Maintenance Guarantee _y3
3.12 Reduction and Release of Performance Guarantee ~....._..ey3
3.13 Reduction and Release of Maintenance Guarantee.-.._.._.. ...~.~Y4
3.14 Payment of Municipality's Costs.-._~.~_.~..._ __... y5
3.15 Unpaid Monies .,®~„_„~,„„ ~„„,25
3.16 Occupancy Permit Deposit~~_ ,,,,,_26
ARTICLE 4 -PLANNING ~„, ~yp
4.1 Tree Preservation Plan _ „____y)
4.2 Landscaping Plan and Landscaping Requirements yB
4.3 Use of Lands ,,,,,~30
4.4 Lands Unsuitable for Building._.~ _,,,~, __._„„,,,,30
4.5 Lands Requiring Site Plan .---.~~ ..,...._~30
4.6 Requirements for Building Permits~.~,_,~,,, S1
4.7 Model Homes ---- __34
4.8 Architectural Control Standards_r. ---.~. ..._..~.._35
4.9 Requirements for Sale of Lands._._.~,,,, ~„_,,,,_35
4.10 Requirements for Occupancy Permit ~---- _.~30
4.11 Cash in lieu of Lands for Park or other Public Recreational
Purposes-.._._...__-._,_ -______ 40
4.12 Special Conditions_.e.~_,r,,, .._._.40
Page 3
ARTICLE 5 -PUBLIC WORKS.._. „~„~„„_.„,~ 41
5.1 Municipality Works Required~..._.....~~~~, ~„„„gl
5.2 Utilities and Services Required ...~41
5.3 Owner's Engineer _.47
5.4 Design of Works ~_ ~49
5.5 .Engineering Drawings _ ...._ _49
5.6 Approval of Grading and Drainage Plan 5p
5.7 Staging of Construction _ ,~,„,~ „_,51
5.8 Approval of Schedule of Works_.._. „ „~51
5.9 Approval of Works Cost Estimates and Stage Cost Estimates_____ ~__52
5.10 Requirements for Authorization to Commence Works_.~___,_..~ ..~52
5:11 Requirements for Commencement of Subsequent Stages of Works _55
5.12 Inspection and Stop Work 55
5.13 Construction in Accordance with Engineering Drawings 56
5.14 Sequence of Construction of Works...~...®..~_ . ~.._56
5.15 Completion Time for Construction of Works . ~56
5.16 Additional Work.„. - . ,...._...___57
5.17 Incomplete or Faulty Works and Liens_._.~~,„„®_„ „,_57
5.18 Acknowledgement Respecting Emergency etc. Repairs~..~.m~ 59
5.19 Damage to Existing Services_~.~.......__.,.~,,,_._.,._.__ 59
5.20 Damage to Neighbouring Wells _„-_-_.-. ~.60
5.21 Use of Works by Municipality 6Z
5.22 Maintenance of Roads after Completion ~_.. _~62
5.23 Requirements for Certificate of Completion__.~_.„_. ~,,,„63
5.24 Requirements for Certificate of Acceptance_.--..._.__.__._..e._..63
5.25 Ownership of Works by Municipality g4
5.26 Requirements for Certificate of Release~._.~.~„~ 64
5.27 Not Used_.....v..__.~,._.„„„._._...,~„,~.~ _65
5.28 Cost of Works Referred to in Schedule "G"._._.__.~„_~ .„,.65
ARTICLE 6 -COMPLIANCE WITH REGULATIONS _.._.~„.„„_65
ARTICLE? - RESPONSIBILITY OF SUBSEQUENT OWNERS~..._._._65
ARTICLE 8 -TIME OF ESSENCE 66
ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT _~6G
ARTICLE 10 -AUTHORITY TO UPDATE AND COMPLETE AGREEMENT
INCLUDING SCHEDULES_...~~... 66
Page 4
THIS AGREEMENT made in quintuplicate as of this day of , 2010
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter called the "MUNICIPALITY")
OF THE FIRST PART
-and-
COURTICE HOMESTEAD LAND CORP.
(hereinafter called the "OWNER")
OF THE SECOND PART'
-and-
BANK OF MONTREAL
(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;
D. The Owner has received the approval of the Municipality of Clarington, of.draft
Plan of Subdivision of S-C 2007-0002 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 Municipality 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;
Page 5
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
Municipality and thie Region to satisfy their respective requirements, financial and
otherwise in order to satisfy certain conditions of approval by the Municipality of draft Plan
of Subdivision S-C 2007-0002.
H. This Agreement is made pursuant to the provisions of Subsection 51(26) of the
Planning Act. It is authorized by By-law No. 2009-152 passed by The Corporation of the
Municipality of Clarington on November 9, 2009.
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 Agreerent the term:
(a) "Applicant" means an individual, an association, a partnership or
corporation who applies for the necessary building permits for the lots or
blocks covered by this Agreement.
(b) "Appropriate Authority" means the Municipality, the Region, a Ministry of
the Crown in right of Ontario or other authority or agency considered to be
appropriate for the purpose by the Director.
(c) "Assuming Purchaser" has the meaning assigned to it in paragraph
3.16(1) of this Agreement.
(d) "Authorization to Commence Works" has the meaning assigned to it in
paragraph 5.10 of this Agreement.
Page 6
(e) "Building Code Act" means the Building Code Act 1992, S.O. 1992 c.23
as it may be amended or replaced from time to time.
(f) "Ontario Building Code" means O. Reg. 403/97 as it may be amended or
replaced from time to time.
(g) "Certificate of Acceptance" has the meaning assigned to it in paragraph
5.24 of this Agreement.
(h) "Certificate of Completion" has the meaning assigned to it in paragraph
5.23 of this Agreement.
(i) "Certificate of Release" has the meaning assigned to it in paragraph 5.28
of this Agreement.
Q) "Commissioner" means the Commissioner of Planning of the Regional
Municipality of Durham
(k) "Construction Lien Act" means The Construction Lien Act, R.S.O. 1990 c.
C.30 as it may be amended or replaced from time to time.
(I) "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 1997, R.S.O. 1997, c. 27.
(o) "Development Charge By-law" means Municipality By-law 2005-108 as it
maybe amended or .replaced from time to time, and the term includes a
successor by-law to By-law No. 2005-108 which is passed under subsection
3(1) of the Development Charges Act.
(p) "Development Charges Act" means the Development Charges Act, S.O.
1997 c. 27, as it may be amended or replaced from time to time.
(q) "Director" means the Director of Engineering Services of the Municipality
of Clarington or his designated representative.
Page 7
(r) "Director of Planning" means the Director of Planning Services of the
Municipality of Clarington or his designated representative.
(s) "Drainage Act" means the Drainage Act R.S.0.1990, c.D.17 as it may be
amended or replaced from time to time.
(t) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5
of this Agreement.
(u) "Engineering General Plan" means .the drawing entitled 'General Plan'
contained in the Engineering Drawings and which depicts the subdivision
layout, road network, lot fabric and municipal servicing.
(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) "General Architectural Design Guidelines" means the guidelines
approved by the Municipality's Council by its approval of the General
Purpose and Administration Committee recommendation contained in
Report PSD-096-02 through its adoption of Resolution C-513-02 at the
Couricil Meeting on September 30, 2002.
(y) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of
this Agreement.
(z) "40M Plan" has the meaning assigned to it in paragraph 2.3 of this
Agreement.
(aa) "Grading and Drainage Plan" has the meaning assigned to it in paragraph
5.6 of this Agreement.
(bb) "Initial Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(cc) "land Registry Office" has the meaning assigned to it in Schedule "A" of
this Agreement.
Page 8
(dd) "Lands" has the meaning assigned to it in Recital A of this Agreement.
(ee) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of
this Agreement.
(ff) "Maintenance Guarantee" has the meaning assigned to it in paragraph
3.10(1) of this Agreement.
(gg) "Master Drainage Plan" has the meaning assigned to it in Schedule "G" of
this Agreement.
(hh) "Minister" means the Minister of Municipal Affairs, Ontario.
(ii) "Monitoring Program" has the meaning assigned to it in paragraph
5.20(1) of this Agreement.
Qj) "Municipality" means The Corporation of the Municipality of Clarington or
any official, designated by Council to administer the terms of this
Agreement.
(kk) "Municipality's Control Architect" means the architect retained by the
Municipality to provide advice on architectural designs and design themes
for Plans of Subdivision.
(II) "Noise Impact Study" has the meaning assigned to it in paragraph 4.12
(20) of this Agreement.
(mm) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1)
of this Agreement.
(nn) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph
3.16(1) of this Agreement.
(oo) "Occupancy Permit Scale" has the meaning assigned to it in paragraph
3.16(2) of this Agreement.
(pp) "Occupational Health and Safety Act" means the Occupational Health
and Safety Act R.S.O. 1990 c. 0.1 as it may be amended or replaced from
time to time.
Page 9
(qq) "Owner" means the Party of the Second Part to this Agreement, its
successors and assigns and when used to refer to a successor or assignee
of such Party, or to another person, an owner includes an individual, an
association, a partnership or a corporation.
(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 Warne 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, oran 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 Larids 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.
(w) "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.
Page 10
(roc) "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.
(zz) "Related Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(aaa) "Road System" has the meaning assigned to it in Schedule "G" of this
Agreement.
(bbb) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of
this Agreement.
(ccc) "Security for the Maintenance Guarantee" has the meaning assigned to
it in paragraph 3.10(2) of this Agreement.
(ddd) "Solicitor" means the Solicitor for the Municipality.
(eee) "Stage Cost Estimates" has the meaning assigned to it in paragraph 5.9
of this Agreement.
(fff) "Staging Plan" means the staging plan for the Lands approved by the
Director of Engineering Services pursuant to paragraph 5.11 of this
Agreement.
(ggg) "Storrnwater Management System" has the meaning assigned to it in
Schedule "G" of this Agreement.
(hhh) "Stormwater Management Implementation Report" has the meaning
assigned to it in Schedule "G" of this Agreement.
(iii) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of
this Agreement.
(Uj) "Street Lighting System" has the meaning assigned to it in Schedule "G"
of this Agreement.
(kkk) "Temporary Occupancy Permit" has the meaning assigned to it in
paragraph 4.10(2) of this Agreement.
Page 11
(III) "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.
(mmm)"Treasurer" means the Director of Finance of the Municipality or her
designated representative.
(nnn) "Tree Preservation Plan" has the meaning assigned to it in paragraph
4.1(1)of this Agreement.
(ooo) "Utilities and Services" means the utilities and services referred to in
Schedule "H" of this Agreement.
(ppp) "Works" has the meaning assigned to it ih paragraph 5.1 of this
Agreement.
(qqq) "Workplace Safety and Insurance Act, 1997" means the Workplace
Safety and Insurance Act, 1997 S.O. 1997, c.16, Sch. A.
(rrr) "Works Cost Estimates" has the meaning assigned to it in paragraph 5.9
of this Agreement.
(2) Whether or not it so provides explicitly, every provision of this Agreement by which
the Owner is required to undertake any action shall be deemed to include the
words "at the cost of the Owner".
(3) Unless the context otherwise requires when used in this Agreement, the singular
includes the plural and a reference to a person's gender in an expression includes
masculine, feminine and neuter as is required by the context.
(4) References to lots or blocks shall be deemed to be reference to them on the Draft
M-Plan unless otherwise expressly provided.
7.2 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:
Page 12
Schedule "A" - "Legal Description of the Lands"
Schedule "B" - "Plan of Subdivisiorr(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"
Schedule "I" - "Duties of Owner's Engineer"
Schedule "J" - "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" - "Front Ending Payments"
Schedule "Q" - "Conservation Authority's Work" .
Schedule "R" - "Engineering and Inspection Fees"
Schedule "S" - "Conditions of Approval"
Schedule "T" - "Tree Preservation Plan (reduction)"
Schedule "U" - "Landscaping Plan (reduction)"
Schedule "V" - "Requirements of Other Agencies"
Schedule "W" - "Architectural Control Standards"
ARTICLE 2 -GENERAL
2.1 Recitals in Operative Part of Agreement
The Owner represents and warrants to the Municipality that each of Recitals A to H
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 IVlunicipality 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.
Page 13
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 Copv 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 Municipality, the 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, when applicable, 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- appropriate hydro-electric utility in
Clarington or other authority or company having jurisdiction in the area of the said Lands
for the design and installation of the Utilities and Services, or, if such Agreement(s) have
not been executed at the time of the execution of this Agreement, the Owner shall provide
the Municipality with one (1) copy of each such Agreement(s) immediately after each
such Agreement(s) is executed by the Parties thereto.
2.4 Transfer of Easements
(1) On the execution of this Agreement, the Owner, at its cost, shall deliver to the
Municipality the executed transfers of easements which. are set out in Schedule
"E" and shall pay to the Municipality in cash or by certified cheque the amount
which is equal to any tax, fee or cost payable at the time of or in respect of the
registration of such transfers against the title to the lands to which they apply.
Page 14
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
appropriate hydro-electric utility in Clarington 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 appropriate hydro-electric
utility in Clarington or other appropriate authority or company, as the case may be,
such further easement(s) forthwith after a written request to do so is given to it by
the Director. Notwithstanding the foregoing, the Director shall not request such
further easement(s), if its creation would prevent the erection of a dwelling on any
part of a lot(s) or block(s) shown on the Plan. If further easements are requested
to be transferred to the Municipality, the Region of Durham, the appropriate hydro-
electric utility in Clarington, 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 Reuistration 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)
Page 15
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 Pumoses -NOT USED
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 any
necessary amendment(s) made to this Agreement. The Renegotiation Events are
the following:
Page 16
(i) the Municipality, 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,
Page 17
3.14, 5.17, 5.19, 5.20 and 5.21 and Article 7 of this Agreement shall continue to
bind the Owner and may be enforced by the Municipality in the same manner and
to the same extent as if this Agreement had not been terminated.
(3) Without derogating from the provisions of paragraph 2.'10(1) from time to time by
mutual agreement, the Parties hereto may amend the terms of this Agreement and
any of the Schedules, but an amendment shall only be effective if in writing and
executed under the seals and hands of the proper officers of each Party.
2.11 Municipality to Act Promptly
Wherever the Municipality, the Municipality's Solicitor, the Municipality's Director of
Finance 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 Planfs)
(1) The Parties .hereto acknowledge that at the time of the execution of this
Agreement, only a copy of draft Plan of Subdivision S-C 2007-0002 has been
approved by the Municipality. A copy of it is contained ih 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 S-C 2007-0002 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 S-C 2007-
0002 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 withou# limiting -the generality of the
Page 18
foregoing, Schedules "B","E","F","G", "N","O","P" and "O", in order to replace the
descriptions and. references to the redlined draft Plan of Subdivision S-C 2007-
0002 with descriptions and references to and that are consistent with such
registered final Plan of Subdivision.
2.14 Notification of Owner
If any notice or other document is required to be or may be given by the
Municipality or by any official of the Municipality to the Owner under this Agreement, such
notice shall be mailed by first class prepaid post or delivered to:
The Owner: Gourtice Homestead Land Corp.
1748 Baseline Road West- Suite 100
Gourtice, ON L1 E 2T1
Attention: Mr. Hannu Halminen
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 Mortaaue
The Mortgagee hereby postpones its mortgage to this Agreement with the intent
that this Agreement shall take effect as though dated, executed and registered prior to the
mortgage. In the event that (1) the Mortgagee obtains an order of foreclosure against the
Owner, (2) the Mortgagee directly or indirectly takes possession of the Lands, or (3) the
Lands are sold after default occurs under the mortgage, the Lands shall not be used or
developed by any person otherwise than in conformity with the provisions of this
Agreement. In order to give further assurance to the Municipality, the Mortgagee at its
cost shall execute a separate Postponement Agreement containing terms satisfactory to
the Municipality's Solicitor forthwith after being requested to do so by notice given in
writing to the Mortgagee and to deliver the same to the Municipality.
2.16 Successors
This Agreement shall enure to the benefit of and be binding on the Parties hereto,
and their respective successors and assigns.
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ARTICLE 3 -FINANCIAL
3.1 Pavment of Taxes
Prior to the date of execution of this Agreement,. the Owner shall pay all municipal
taxes outstanding against the Lands, as set out in Schedule "C" hereto. In addition, the
Owner shall pay any municipal taxes which may become due in respect of the whole or
any one or more portions of the Lands after the date of execution of this Agreement in
accordance with the law.
3.2 Pavment 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 Pavment of Drainaae Charaes
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 Pavment of Development Charges
(1) The Owner shall pay all Development Charges and portions of front-end payments
required by the provisions of the Development Charges Act and the Development
Charge By-law in respect of the development of the Lands or any one or more
portions thereof. The Owner shall pay the Development Charges in accordance
with the Schedule of Payment of Development Charges contained in Schedule "D"
hereto. Each payment of Development Charges set out in Schedule "D" shall be
adjusted as required by the Development Charge By-law prior to the issuance of
any building permit in respect of any lot(s) or block(s), to take into account
increases provided for in the Development Charge By-law.
(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
Page 20
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.
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 Pertormance 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 Director of Finance, and containing terms satisfactory to the Municipality's
Director of Finance. The deposit shall be in the amount determined by the Director to be
the amount required to secure to the Municipality the pertomiance by the Owner of its
covenants contained in this Agreement to construct and install the Works and the
performance of the .Owner's obligations under paragraph. 5.13(2) as well as the
performance by the Owner of its covenants under paragraphs 3.1, 3.2 and 3.3. With
respect to the works 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 Owrier. 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 Pertormance 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 Pertormance
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 Director of Finance and continuing
terms satisfactory to the Municipality's Director of Finance. (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 "Pertormance Guarantee".) In
the event that the Owner does not increase the amount of the Performance Guarantee for
Page 21
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 Director of Finance as the whole or part of
the Performance Guarantee or an increase thereof required by this Agreement, the
Municipality's Director of Finance, acting reasonably, may at any time draw on such letter
of credit and deposit the cash proceeds thereof in an account to the credit of Municipality
for disbursement in accordance with this Agreement.
3.7 Use of Performance Guarantee
From time to time the Municipality may appropriate the whole or any one or more
portions of the Performance Guarantee up to an amount(s) determined by the Director,
which in aggregate shall not exceed the amount(s) which in the opinion of the Director are
required to remedy the Owner's breach(es) or default(s) of or under the provisions of this
Agreement. Forthwith after making each such appropriation, the Director shall give the
Owner written notice thereof and the Owner shall forthwith reinstate the Performance
Guarantee to the full amount(s) required by this Agreement.
3.8 Indemnification of Municiaality
(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.
Page 22
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 Owrier agrees with the Municipality to promptly correct, remedy,
repair or replace any portion or component of the Works in question that the
Director determines to be defective or deficient having regard to the provisions of
this Agreement at the Owner's cost (the "Maintenance Guarantee"). The amount
of the Maintenance Guarantee shall be determined in accordance with paragraph
3.12(1) of this Agreement: The Owner shall be given written notice of any such
deficiency or defect by the Director forthwith after he identifies the same.
(2) The Maintenance Guarantee expires on the date of issuance of the Certificate of
Acceptance of the Works referred to in paragraph 3.10(1) which shall not be earlier
than the date of expiry of the relevant period of the Maintenance Guarantee for the
following Works as set out below:
(a) "Initial Works" (as hereafter defined): the later of (1) the date of expiry of the
period of two (2) years which commences on the date of issuance of the
Certificate of Completion for the Initial Works, and (2) the date of issuance
of a Certificate of Completion for the "Final Works" (as hereafter defined);
(b) "Final Works": the date of expiry of the period of one (1) year that
commences on the date on which the maintenance period for the Initial
Works specified in paragraph 3.10(2)(a) expires;
(c) "Street Liohtino Svstem" (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 Manaoement Svstem" (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
Page 23
Management System shall not be issued prior to the issuance of the
Certificate of Completion for the Final Works.
3.11 Use of Maintenance Guarantee
From time to time, the Municipality may appropriate the whole or any part of the
Security for the Maintenance Guarantee if the Owner fails to pay any cost(s) payable by
the Owner to the Municipality under this Agreement. The amount(s) of such appropriation
shall not exceed the amount(s) which in the opinion of the Director are required to remedy
the Owner's breach(es) or default(s) as determined by the Director of correcting or
remedying a deficiency(s) or defect(s) in the Works or a portion or component thereof,
which is covered by the Maintenance Guarantee and is in question. Forthwith after the
Municipality makes any such appropriation, the Director shall give the Owner written
notice thereof. Forthwith, after the giving of such notice, the Owner shall restore the
Security for the Maintenance Guarantee to the full amount required by this Agreement.
3.12 Reduction and Release of Performance Guarantee
(1) Prior to the release of the Performance Guarantee, in the discretion of the Director,
the amount of the Performance Guarantee may be reduced, from time to time, to
reflect the progress of completion of the Works and other facilities and
improvements which are required to be constructed and installed by the Owner
after taking into account any outstanding claims the satisfaction of which is
provided for in this Agreement. The maximum reduction that may be permitted to
be made by the Director is such that will leave on deposit with the Municipality's
Director of Finance as the Performance Guarantee an amount equal to the sum of
(1) the value of the uncompleted Works and the other facilities and improvements
as determined by the Director having regard for the Works Cost Estimates then in
force plus any amount determined by the Director but not to exceed twenty (20%)
percent of such value as a completion allowance payable to the Municipality, and
(2) as the Maintenance Guarantee fifteen (15%) percent of the value of the
completed Works, facilities and services, also determined by the Director after
considering the material, if any, submitted to the Director by the Owner's Engineer
in support of an application for reduction of the Pertormance 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.
Page 24
(2) The Owner will not require the Municipality to release to the Owner any unused
portion of the Pertormance Guarantee until each of the following conditions is
satisfied:
(a) A Certificate of Completion has been issued for the Works for which the
Pertormance 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 Pertormance Guarantee was initially required to
be deposited with the Municipality, there are no outstanding claims relating
to such Works.
(d) The Municipality is satisfied that there are no outstanding claims relating to
the Works which the Municipality is required or may be permitted to pay
either under the provisions of the Construction Lien Act or otherwise.
(e) The Municipality is satisfied that the Owner is not in breach of any of its
covenants contained in this Agreement.
3.13 Reduction and Release of Maintenance Guarantee
The Owner agrees. that the Municipality shall not be required to release to the
Owner the Security for the Maintenance Guarantee until each of the following conditions
are satisfied:
(a) A Certificate of Acceptance has been issued for the Works for which such
Maintenance Guarantee is required under this Agreement.
(b) The Municipality is satisfied that there are no outstanding claims relating to
such Works which the Municipality is required or may be permitted to pay
either under the provisions of the Construction Lien Act or otherwise.
(c) The Municipality is satisfied that the Owner is not in breach of any of its
covenants contained in this Agreement.
Page 25
(d) With respect to all lots and blocks in the 40M Plan for which building
permits have been issued and Temporary Occupancy Permits have been
received by the Owner, the Municipality is satisfied that within the one (1)
year period of temporary occupancy under a Temporary Occupancy Permit
the Director has received the Owner's Engineer's written confirmation that
grading of the lots and blocks in question has been completed in
accordance with the approved Grading and Drainage Plan.
(e) The Director has received the as-constructed drawings for such Works from
the Owner as well as the computer disks, if any have been prepared by the
Owner's Engineer.
3.14 Payment of Municipality's Costs
(1) The Owner shall reimburse the Municipality for all reasonable legal, planning,
engineering and other technical advice, and administrative expenses actually
incurred for the preparation and registration of this Agreement and the reasonable
cost of all legal services contemplated by the terms of this Agreement, which
include the review of the Performance Guarantee, the review of the Security for
the Maintenance Guarantee and the preparation of a .Certificate(s) of Release,
provided that services have actually been performed for the Municipality.
(2) The Owner shall pay to the Municipality Engineering and Inspection fees in
accordance with the provisions of Schedule "R".
(3) After giving reasonable notice to the Municipality, the Owner-may inspect, during
regular business hours, such accounts, invoices, time records and other
documents and calculations of charges for which the Municipality is requiring.
reimbursement pursuant to paragraph 3.14(1).
3.15 Unpaid Monies
Except as otherwise provided in this Agreement, the due date of any money
payable under it, unless a different due date is specified in this Agreement, shall be thirty
(30) days after the date of the giving of the written invoice to the Owner. Interest shall be
calculated and be paid by the Owner to the Municipality on all sums of money of which
the Owner is in default at the same rate, and in the same manner, and at the same time
as is the case with Municipality taxes which are in arrears at the date on which the defaulf
in question commences.
Page 26
3.16 Occupancv Permit Deposit
(1) Prior to the date of issuance of the first building permit for a dwelling proposed to
be constructed on the Lands, the Owner and/or a person who has entered into an
agreement with the Municipality containing terms satisfactory to the Municipality to
assume the obligations of the Owner under this Agreement relating to a specific
lot(s) or block(s) on the 40M Plan (the "Assuming Purchaser") shall deposit with
the Municipality an irrevocable and unconditional letter of credit issued by a bank
listed in Schedules "I" or "II" of the Bank Act acceptable to the Municipality's
Director of Finance, in the amount of $20,000.00 dollars (the letter(s) of credit
are referred to as the "Occupancy Permit Deposit") to secure the pertormance 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 Director of Finance. In the event that occupancy
of a dwelling or dwellings occurs before the date of issuance of an Occupancy
Permit contrary to the provisions of paragraph 4.10, the Municipality may draw
upon and appropriate from the Occupancy Permit Deposit the amount necessary
to permit the Municipality to comply with the requirements of paragraph 4.10 on the
Owner's and/or the Assuming Purchaser's behalf and/or at the Owner's or the
Assuming Purchaser's. cost, as the case may be. In the event that the Municipality
so appropriates the whole or any part of the Occupancy Permit Deposit, forthwith
after it and/or they are given written notice of the amount of the appropriation, the
Owner and/or the Assuming Purchaser shall restore the Occupancy Permit
Deposit to the full amount of $20,000.00 dollars. The Occupancy Permit Deposit
or the unused portion thereof shall be returned to the Owner and/or the Assuming
Purchaser at such time. as the last dwelling which may be constructed on the
Lands is permitted to be occupied pursuant to an Occupancy Permit issued in
accordance with this Agreement and are in good standing. 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.
Page 27
up to 10 units
11 to 50 units
51 to 100 units
101 to 250 units
251 to 500 units
over 500 units
(3)
- $ 10,000.00
- $ 20,000.00 (31 units)
- $ 30,000.00
- $ 40,000.00
- $ 60,000.00
- $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.
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 Municipality to the number of lots within the phase in question.
The provisions of paragraph 3.11 (1) shall apply in respect of the Occupancy
Permit Deposit for each Phase Subsequent to Phase I of the Development of the
Lands, with all necessary changes thereto being considered to have been made to
give effect to the intenf 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 Engineering Services 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:
Page 28
(a) the location and approximate size of all existing trees over 30.5 cm in
circumference at 1.5 m above the ground; and
(b) the location of all existing trees referred to in subparagraph (1) hereof
intended to be removed during the development of the said Lands.
(2) No work shall be done or caused or permitted to be done by the Owner to remove,
destroy or damage any tree shown on the Tree Preservation Plan. No existiny
tree shall be removed until the Tree Preservation plan- has been approved by the
Director of Planning Services and the Director of Engineering Services. 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 in his
discretion.
4.2 Landscaaina Plan and Landscapina Requirements
(1) Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of Planning Services and the Director of
Engineering Services 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 Services and the
Director of Engineering Services. The landscape architect shall prepare a draft
landscaping plan showing, amongst other things required by the Director of
Engineering, 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,
Page 29
the Owner shall obtain the written approval of the Director of Planning Services
and the Director of Engineering Services 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 made to give effect to
the intent of this paragraph 4.2(4).
(5) The Owner agrees at its cost to satisfy the following requirements:
(a) all lots in Urban Areas are to be sodded and all lots in Rural Areas are to be
sodded or seeded, as may be required by the Director of Engineering
Services, 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, Engineering 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;
(e) fencing shall have. a minimum height of one point eight (1.2) metres. Chain-
link fencing is not permitted except in areas abutting walkway, schools,
parks, open space blocks 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 Engineering, unless otherwise specified in this Agreement.
Page 30
(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
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 Engineering. Forthwith after,
on each occasion, on which the Director of Engineering 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 Zoning
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 performed to the satisfaction of the Director of Planning
Services and the Director of Engineering Services and/or any other authority having
jurisdiction in respect of the matter. At all times, the Owner shall maintain the lot(s) or
block(s) set out in Schedule "N" in a condition acceptable to the Director of Planning
Services.
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 received Site Plan Approval and 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 Approval and the
Site Plan Agreement as well as all applicable laws.
Page 31
4.6 Requirements for Building Permits
The execution of this Agreement by the Municipality, the approval by the
Municipality of the 40M-Plan, 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 be a warranty or representation by the Municipality 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 appropriate hydro-electric utility in Clarington, 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 of Engineering
Services 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 including those 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 authority or company having jurisdiction over such Utilities and Services.
Alternatively, the Municipality has received written confirmation from such,
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 tails to construct and install
them.
Page 32
(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.
Q) 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.
(I) 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
Page 33
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, as may be applicable in the circumstances.
(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) During construction of any building fire access routes are provided and will
be maintained continuously by the Owner as required by the Ontario Fire
Code, storage of combustible waste is maintained by the Owner in
accordance with the Ontario Fire Code, and the Owner does not permit or
suffer open burning to occur contrary to the Ontario Fire Code.
(iii) The Owner complies 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 received the written approval of the Director of Planning Services
of the design of all dwelling(s) to be erected on the Lands confirming that the.
design of the dwellings satisfies the Architectural Control Standards contained in
Schedule "W" hereto.
(o) The Owner acknowledges and agrees that prior to the issuance off a building
permit, through its acoustic engineer, to provide written certification to the Director
of Planning Services, certifying that the Builder's plans are in accordance with the
Noise Impact Study, as approved by the Municipality of Clarington and the Region
of Durham.
(p) The Owner has satisfied the requirements of paragraph 4.12 of this Agreement as
are applicable in the circumstances.
Page 34
4.7 Model Homes
(1) Notwithstanding the provisions of paragraph 4.6 of this Agreement, the Owner may
apply for building permit(s) for model home(s) to be used for. sales display
purposes which it proposes to construct on not more than ten (10%) percent of the
total number of lot(s) within the registered Plan of Subdivision of the Lands,
provided that:
a) each such application is in conformity with all By-laws of the Municipality,
the Ontario Building Code Act and the Ontario Building Code;
b) all building permit fees, Occupancy Permit Deposits and the Development
Levies provided for in this Agreement have been paid to or deposited with
the Municipality as is required by law and this Agreement;
c) the Owner. has satisfied the Director that the final grades of the lot(s) or
block(s) is appropriate for the proposed model home(s) and that such final
grades are in compliance with the Grading and Drainage Plan;
d) the Owner has complied with the provisions of paragraphs 4.6(I) 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
satisfactior 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 Director of Emergency Services Department.
(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.
Page 35
(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 Director of Emergency
Services Department, the construction and/or use of the model home(s) is entirely
at the risk of the Owner. The Owner shall save the Municipality harmless and
indemnify the Municipality from and against all actions, claims, liabilities, losses,
damages and expenses, including reasonable legal fees, which arise by reason of
construction and/or use of such model home(s). 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
Subject to paragraph 4.6(n) of this Agreement, all dwellings to be erected shall
satisfy the Architectural Control Standards as contained in Schedule "W" hereto.
4.9 Reauirements 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 appropriate hydro electric utility in Clarington ,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
.Page 36
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;
(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) Purchasers and tenants notified that there are existing farming operations nearby
and that they will not object, .complain or seek legal action against such
nuisances.as noise and odour resulting from normal farming practices
(f) the Owner has included in the agreement of purchase and sale of the Lands or the
lease of lot(s) or block(s) on the Plan which is entered into by the prospective
purchaser(s) or lessee(s) as the case may be the following provisions:
• a notice that the Lands are subject to the covenants and obligations set forth in
this Agreement;
• setting out the Municipality's Traffic By-law 91-58 pertaining to on-street
parking;
• setting out information that satisfies Subsection 59(4) of the Development
Charges Act, 1997;
• a notice regarding the type of mail service and the location of mail boxes;
• setting out the Municipality's Gate Access to Municipal Open Space Policy;
• The following notice acknowledging the potential location and maintenance of
any fencing that is to be installed by the Owner:
1. Noise attenuation fencing -Where noise attenuation fencing is a required
feature as specified in the Noise attenuation report to assist in reducing the
dBA noise levels on private property, said fencing is to be located on the
private property portion of the lot and/or block in questions and is to be
constructed in compliance with the recommendations of the noise attenuation
report. Furthermore, a gate providing access to the rear yard is to be
incorporated in the design when the Noise Attenuation Report requires the
Page 37
fencing to be constructed in such a manner that the fence connects to and/or
ties back into the dwelling unit exterior wall. The gate is to be designed and
constructed in compliance with the recommendations and intent of the Noise
Attenuation Report. The maintenance of said fencing is the responsibility of the
home owner/purchaser of said lot and/block, unless otherwise noted within the
Subdivision Agreement.
2. Chain link fencing -Where chain link fencing is a required feature between
any lot and/or block and a park, open space block or walkway, said chain link
fencing is to be located on the public portion of the abutting lot and/or block in
question and constructed in compliance with the Municipality's Design Criteria
and Standard Drawings. The maintenance. of the chain link fencing is the
responsibility of the Municipality, unless otherwise noted within the Subdivision
Agreement.
3. Privacy fencing -Where privacy fencing is a required feature said .privacy
fencing is to be located on the shared property line of the lots and/or blocks in
questions and constructed in compliance with the Municipality's Design Criteria
and Standard Drawings: The maintenance of the privacy fencing is the shared
responsibility of the abutting home owners/purchasers of the lot and/or block in
questions, unless otherwise noted within the Subdivision Agreement.
• A notice acknowledging the following warning clause
"The Purchaser acknowledges that the lot and/or block shall be graded by
the purchaser's builder in accordance with plans approved by the
Municipality of Clarington and that issues regarding quality of workmanship
should be directed to the purchaser's builder. Such lot and/or block grading
may be required to accommodate drainage, from surrounding lands and
may include swales, slopes, retaining walls and where applicable sewers
and catchbasins on easements. In order to accommodate existing
constraints such as existing topography, existing physical features on
adjacent lands the final grading design may vary from the Municipality's
guidelines as determined appropriate by the Director of Engineering
Services. The purchaser should be aware that these measures may limit
the use of certain areas of their property and must satisfy themselves with
respect to the final grading of their lot and/or block."
• The Owner acknowledges and agrees that the following warning clauses
will be inserted into Offers of Purchase and Sale of dwellings for the
lots/blocks within the 40M-Plan as noted below:
i) All warning clauses as recommended in the Noise Report in
accordance with paragraph 4.10(2):
"Due to the proximity of this plan to Trulls Road purchasers should
be aware that traffic noise may interfere with some activities of the
dwelling occupants."
Page 38
ii) "Purchasers and tenants notified that there are existing farming
operations nearby and that they will not object, complain or seek
legal action against such nuisances as noise and odour resulting
from normal farming practices."
4.10 Requirements for Occuaancv 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 or the authority or
company having jurisdiction over such Utilities and Services, as is
appropriate;
(d) the building has been connected- to and is serviced by a water supply and
sewage disposal system to the written approval of the Region of Durham;
(e) either the Owner's Engineer has provided the Director with his written
certification that the lot(s) or block(s), on which such building is located has
been developed in conformity with the Grading and Drainage Plan, or the
Owner has given written approval by the Director to vary the requirements
of the approved Grading and Drainage Plan with respect to the lot(s) or
block(s) in question; and
Page 39
(f) the building has been finally inspected and approved pursuant to the
Building Code Act and the Ontario Building 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 Gradiny 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 Acoustic Engineer approved by the Director, has confirmed in writing to
the Director of Planhing Services, that the dwelling in question has been
constructed in accordance with the approved Noise Impact Study referred to in
paragraph 4.12(20), 4.12(21), 4.12(22) and 4.12(23) of this Agreement.
Page 40
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) Prior to the issuance of a building permit for any building proposed to be
constructed on the Lands the Owner shall provide fire access routes as required.
by Subsection 3.2.5.2(e) of the Ontario Building Code and maintain them thie
satisfaction of the Municipality's Director of Emergency Services.
(2) In cases in which an Appropriate Authority determines that the well or private water
supply of any person is intertered 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 "O", Schedule °S" and
Schedule "V" 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 io
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 interterence.
Page 41
(6) The Owner shall provide the Director of Planning Services, on disk in a CAD
format acceptable to the Municipality, a copy of the Plan of Subdivision as draft
approved and the proposed 40M-Plan.
(7) The Owner acknowledges and agrees where the Director of Planning Services and
Director of Engineering Services determines an Adult Crossing Guard is required
due to safety concerns for children crossing a street where such safety concerns
are raised by vehicular traffic from construction activity or altered vehicular traffc
patterns due to construction activity, the Owner will reimburse the Municipality the
costs attributed by the aforesaid Directors of the Municipality's placement of an
Adult Crossing Guard, on a temporary basis forthwith after being required to do so
by written notice given him by the Director of Planning Services.
The Owner also acknowledges and agrees the length of time that the temporary
Adult Crossing Guard is required will be determined by the aforesaid Directors in
their sole discretion.
(8) The Owner acknowledges and agrees at his cost, to display plans, which clearly
indicate the land uses surrounding the approved plan of subdivision and that
shows the following facilities:
• existing and future roads and interchanges by type;
^ existing and future high-tension hydro transmission towers/corridors;
^ existing and future sidewalks/bicycle paths and trails;
^ railway lines;
• existing and future transit routes;
• community mail boxes;
^ storm water management ponds, blocks and related facilities;
^ existing and future school by type;
^ existing and future commercial areas by type;
^ .existing and future parks by type;
^ existing and future areas of different residential densities;
^ fencing by type (i.e. noise attenuation, chain link, wooden); and
• .other facilities specified by the Director of Planning Services.
The Owner further agrees that the display and marketing materials are to be
submitted to the Director of Planning Services and the Director of Engineering
Services for approval. Said plans and materials must receive approval prior to
issuance of the first permit for a building or structure to be constructed on any
Part of the Lands.
(9) The Owner acknowledges and agrees to provide and display in the sales
office/model home/sales pavilion, prior to the issuance of any building permit
relating to any lot or block on the Plan a copy of the approved Engineering-
General Plan of the Lands as it may be amended from time to time.
Page 42
Furthermore, the Owner acknowledges ahd agrees to ensure that any
amendments to the approved Engineering-General Plan of the Lands, as finally
approved and on file with the Director of Engineering Services are displayed
within the sales office/trailer/pavilion/model homes immediately after they are
approved.
(10) The Owner acknowledges and agrees if at any time the required display plans
and information approved by the Director of Planning Services and/or
Engineering-General Plan of the said Lands is not displayed in the sales as
approved by the Director of Planning Services and the Director of Engineering
Services is not displayed in the sales office/model home sales/pavilion, the. Chief
Building Official of the .Municipality may refuse to issue further building permits
for any lots/blocks on said lands subject to this Agreement until such time as the
required display plans and information and/or approved Engineering-General
Plan of the said Lands are so displayed.
(11) The Owner acknowledges and agrees to display the following notice on the
Lands:
"Any enquiries regarding the approved land uses and zoning of this
subdivision or the surrounding area can be directed to the Municipality of
Clarington Planning Services Department, 40 Temperance Street,
Bowmanville, Ontario, L1 C 3A6 or by calling (905) 623-3379"
"Any enquiries regarding the proposed engineering design, lot grading,
utility coordination or general construction can be directed to the
Municipality of Clarington Engineering Services Department, 40
Temperance Street, Bowmanville, Ontario, L1C 3A6 or by calling (905)
623-3379."
The Planning Services Department will provide this notice to the Owner so that it
may be displayed by the Owner.
(12) The Owner acknowledges and agrees that all land dedications, easements, sight
triangles and reserves as required by the Municipality shall be granted free and
clear of all encumbrances and in a form satisfactory to the Municipality's solicitor.
(13) The Owner acknowledges and agrees that prior to final approval to engage a
qualified professional to carry out, to-the satisfaction of the Ministry of Culture, an
archaeological assessment of the entire development property, and mitigate
through preservation or resource removal and documentation, adverse impacts
Page 43
to any significant archaeological. resources found. No demolition, grading or
other' soil disturbances shall take place on the subject property prior to the
Ministry of Culture confirming that all archaeological resource concerns have
been met including licensing and resource conservation requirements.
(14) The Owner acknowledges and agrees to implement the recommendations of the
Environmental Impact Study entitled "Environmental Impact Study for Courtice
Homestead Land Corporation" dated June 2009, prepared by Niblett
Environmental Associates Inc. These recommendations include the following:
i) Prior to preparation of the site, a silt and snow fence be installed and
maintained along the eastern boundary of the development limits as per
Drawing DP-1, dated May 4, 2009 defined by the 30 metre buffer from
the wetland and Environmental Protection Area.
ii) Prior to any clearing of land, a sediment and erosion control plan shall be
prepared for the site preparation, construction and post construction
period to prevent negative impacts on the wetland and the buffer.
iii) Grading of the site and removal or addition of fill be restricted to the area
outside of the setback fencing arid buffer. Functioning sediment control
measures must be in place prior to and during construction, and remain in
place until all the bare or exposed soils have become stabilized .with
vegetation.
iv) Stockpiling of material (stored or excavated), placing of stumps or any
other works shall not be permitted within the buffer of the wetland or
Environmental Protection Area.
v) A planting plan for the wetland buffer should be prepared by a landscape
architect. The plan should use only native species of trees, shrubs and
herbaceous plants and be designed to include only species indigenous to
the local area. Plantings recommended include but are not limited to red-
osierdogwood, smooth serviceberry, high bush cranberry, snowberry, wild
rose, staghorn sumac, trembling aspen and white birch. Beaver protection
measures shall be installed on the larger stem trees. A native upland
meadow seed mix be applied to the full buffer as part of the landscape
plan.
Page 44
(15) The Owner acknowledges and agrees to submit a detailed Tree Preservation
Plan in accordance with Section 4.1 of this agreement. The Tree Preservation
Plan shall be consistent with the recommendation of the aforementioned
Environmental Impact Study and the satisfaction of the Municipality of
Clarington. Furthermore, the Owner agrees that no trees shall be removed until
such time as the plan .has been approved except as authorized by the
Municipality.
(16) The Owner acknowledges and agrees to prepare a community education hand-
book on the environmental sensitivity of this site. This document shall be
completed and approved by the Director of Planning Services prior issuance of
the first building permit.
(17) The Owner acknowledges and agrees that prior to registration of any portion of
the draft plan of subdivision the owner must demonstrate how perpetual
maintenance of any blocks (s) identified as "Part Lots or Blocks will be
undertaken. All part lots will be pre-serviced with water, sanitary and storm
sewers.
(18) The Owner acknowledges and agrees to establish a geodetic benchmark in the
vicinity of the intersection of Trulls Road and Daiseyfield Avenue, which will
serve as vertical control for the proposed development. The Owner shall be
100% responsible for the cost of establishing this benchmark.
(19) The Owner acknowledges and agrees to ensure that dwelling foundation are
0.5 metres above the 100 year HGL (Hydrologic Grade Line).
(20) The Owner acknowledges and agrees to implement the recommendations of the
"Noise Impact Study for Courtice Homestead Land Corp." revised June 2009
prepared by D. G Biddle & Associates Limited,'which specifies noise attenuation
for this development. The Owner shall provide the Region with a Dopy of the
subdivision agreement containing such provisions prior to final approval of the
plan.
(21) The Owner acknowledges and agrees to advise the homeowner of Lots 1 to 13
on 40M-Plan, through the Agreement of Purchase and Sale, that in order to
achieve .acceptable noise. attenuation levels between, 55 -and 60 dBA, as
prescribed by the Ministry of Environment, the outdoor amenity area is located in
the frontyard and/or veranda of the dwelling.
Page 45
(22) The Owner acknowledges and agrees that the following warning clauses will be
inserted into the Agreement of Offers of Purchase and Sale of dwelling for the
lots on the 40M Plan within the Draft Plan of Subdivision S-C-2007-0002 as
noted below:
• Lots 1 and 13
Clause #1
"Purchasers are advised that sound levels due to increasing road tratfic
may occasionally interfere. within some of the of the activities of the
dwelling occupants as the sound levels exceed the Ministry of
Environment's criteria."
• Lots 1 to 10
Clause #2
"This dwelling unit has been fitted with a forced air heating system and the
ducting, etc. was sized to accommodate central air conditioning by the
occupant will allow the windows and exterior doors to remain closed,
thereby insuring fhat the indoor sound levels are within the Ministry of
Environment's noise criteria (Note: fhe location and installation of the
outdoor air conditioning devices should be done so as to comply with
noise criteria of MOE publication NPC-216, Residential Air Conditioning
Devises and thus minimize the noise impacts bofh on and in the
immediate vicinity of the subject property). "
• Lot 11 to 13
Clause #3
"This dwelling unit has been supplied with a central air conditioning
system which will allow windows and exterior doors to remain closed,
thereby ensuring that the indoor sound levels are within the Ministry. of
Environment's Noise Criteria
(23) The Owner shall acknowledges and agrees that prior to issuance of building
permits for Lots 11, 12 and 13, the Owner will provide detailed floor plans to
determine the number of building components required for acoustic insulation
factors and building materials, in accordance with the Noise Report, revised June
2009, prepared by D.G. Biddle & Associates.
(24) The Owner acknowledges and agrees to construct a 1.2 metre high chain fence
on the west, or rear lot lines of Lots 1 to 13, together with a 1.8 metre high cedar
hedge, to the satisfaction of the Director of Planning Services and Director of
Page 4fi
Engineering Services. Furthermore, the Owner shall include in the Agreement of
Purchase and Sale of the Lands that the homeowner shall be responsible for the
maintenance of the above noted cedar hedge (including watering, fertilizing and
trimming) but shall not remove, tamper with or cause to destroy the cedar hedge.
(25) The Owner acknowledges and agrees to install a 1.2 metre black, vinyl high
chain link fence along the rear lot line of Lots 14 to 31 to the satisfaction of the
Director of Planning Services and Director of Engineering Services.
(26) The Owner acknowledges and agrees to implement a rear yard planting plan for
all lots in the 40M-Plan, consisting of a minimum of one tree in the rear yard of
each lot. The Owner shall submit a list of tree species for the approval of the
Director of Engineering Services and Director of Planning Services.
Furthermore, the Owner shall include in the Agreement of Purchase and Sale of
the Lands that the homeowner shall be responsible for the maintenance of the
above noted trees, including water, fertilizing and trimming, but shall not remove,
tamper or cause to destroy the tree.
(27) The Owner acknowledges and agrees to prepare and submit to the satisfaction
of the Director of Planning Services, an Energy Management Plan. The Energy
Management Plan shall .outline the various means that Owner will implement
energy efficiency.
(28) The Owner acknowledges and agrees that Block 32 in S-C-2007-0002 has been
melded with Lot 31 as identified in the 40M-Plan. Furthermore, the Owner shall
submit a lot grading plan which shows the house siting for Lot 31 in such a
location as to allow for the possible future development of former block with
adjacent lands to the south.
(29) The Owner acknowledges and agrees that this development cannot. proceed
until such time as the Municipality has approved expenditure of funds for ttie
provision of the reconstruction of Trulls Road and any related external works or
services such as street illumination, sidewalks etc. which form a connection to
the rest of .the Courtice Urban Area and which have been included in the
Municipality's Development Charge By-law. and have been necessary by the
Director of Engineering Services to service this development. Alternatively, the
.development will be permitted to proceed provided that Trulls Road is overlaid
with asphalt from the north limit of the existing urbanized road section to the
.intersection of Trulls Road and Daisyfield Drive at 100% the expense of the
Page 47
.Owner, at the direction of and to the satisfaction of the Director of Engineering
Services.
(30) The Owner acknowledges and agrees that development of the lands to the north
cannot proceed at this time. However, the Owner will be 100% responsible for
the "stubbing" water, sanitary sewer and storm sewer services in a manner that
accommodates further development, if and when it occurs, to the satisfaction of
the Director of Engineering Services.
(31) The Owner acknowledges and agrees to provide a temporary easement over
Block 32 to the Municipality in order to provide access to Block 33 (Open Space
Block). The temporary easement shall be released to the Owner at such time as
permanent access to Block 33 is provided to the Municipality of Clarington free
and clear of encumbrances.
ARTICLE 5 -PUBLIC WORKS
5.1 Municipality Works Reauired
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 Reauired
Either prior to or forthwith after the date of this Agreement, the Owner shall enter
into an Agreement(s) with the authorities or companies or company having jurisdiction in
respect of the Utilities and Services referred to in Schedule "H" in the area in which the
said Lands are located which provides for the matters referred to in Schedule "H".
5.3 Owner's Engineer
(1) At all times until this Agreement is released, the Owner shall retain .the Owner's
Engineer who shall perform the duties set out in Schedule "I". On the execution of
this Agreement and on each occasion on which a new Owner's Engineer is
Page 48
retained by the Owner, forthwith after retaining the Owner's Engineer, the Owner
shall give the Director written notice of the name, address and telefax number of
the Owner's Engineer. No partnership, association of persons or corporation shall
be retained. as the Owner's Engineer without the prior written approval of the
Director. All notices to be given to the Owner's Engineer are properly given if given
by personal service, by telephonic facsimile communication, or first class prepaid
post addressed to the Owner's Engineer at the address or telefax number provided
to the Director pursuant to this paragraph 5.3. Forthwith after the Director gives
the Owner written notice requiring it to do so, the Owner shall give the Director
written notice. advising him whether. or not the approved Owner's Engineer
continues to be retained by the Owner.
(2) If at any time following the execution of this Agreement until the day on which a
Certificate(s) of Acceptance has .been issued for all of the Works in accordance
with this Agreement, the Owner's Engineer resigns, abandons his office or is
.terminated by the Owner, the Owner shall give the Director written .notice of that
fact within three (3) days from the date of the resignation, abandonment or
termination, as the case may be. Until such time as the Owner retains and notifies
the Director of the name and address of a new Owner's Engineer who is qualified
to be approved by the Director pursuant to this Agreement and who in fact is
approved by the Director, the Owner hereby authorizes the Director on the
Owner's behalf and 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, whetheror 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).
Page 49
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 as amended from time to time. 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 4o the Municipality any land or easements considered
necessary in the opinion of the Director to accommodate the construction,
installation and maintenance of the Works. Far greater certain#y, 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.
It shall be prepared by the Owner in registerable form and be satisfactory to thie
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
Page 50
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(1) may be used and/or reproduced by the Municipality without cost
or prior approval or permission, (2) written permission for the Municipality's officers,
employees, agents, contractors and suppliers to use the specifications,. data,
drawings, records and reports whether completed or in .progress of completion in
satisfaction of the Owner's obligations under the provisions of Schedule "I" of this
Agreement without cost or prior approval or permission, and (3) written undertaking
to deliver to the Director the original copy of the Engineering Drawings forthwith
after being given written notice by the Director. requiring the Owner's Engineer to
do so, whether or not the Owner's Engineer's fees and disbursements in respect of
any of them have been paid. Prior to each occasion on which a new Owner's
Engineer is retained by the Owner and approval of the Director is sought, the
Owner shall provide the Director with a similar written acknowledgement and
written permission of the new Owner's Engineer, provided that if the new Owner's
Engineer is to be retained by the Director on behalf of the Owner pursuant to
paragraph 5.3(2), the Director shall obtain from the prospective Owner's Engineer
the aforesaid written acknowledgement and permission. Forthwith after the
Director gives the Owner's Engineer written notice requiring them or it to do so,
copies of the Engineering Drawings, computer disks, specifications, data,
drawings, records and reports referred to in this paragraph 5.5(2) shall be provided
to the Director without cost to the Municipality.
5.6 Approval of Grading and Drainaae 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,
Page 51
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 Grading and Drainage Plan shall be prepared by a
professional engineer and must conform to Municipality's Design Guidelines and
Standard Drawings. 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 oi' 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
Engineering 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 Engineering 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 Engineering. The
Staging Plan for the purposes of this Agreement is the Plan contained in Schedule "G-'I"
attached hereto provided that for the purposes of this paragraph 5.7 the Staging Plan
may be amended from time to time with the written approval of the Director.
5.8 Approval of Schedule of Works
Prior to the issuance of any Authorization to Commence Work, the Owner shall
obtain the written approval of the Director of a draft schedule (the "Schedule of Works")
which sets out the time at which, and the sequence in which, the Owner proposes to
construct and install each of the Works, Utilities and Services which are required to be
constructed and installed by it in accordance with this Agreement. Notwithstanding the
foregoing provisions of this paragraph 5.8, in cases in which the constructed and
Page 52
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
(1) The Owner shall not commence the construction or installation of any of the Works
without the written permission of the Municipality, (the "Authorization to Commence
Works").The Owner shall only commence the construction and installation of those
Works permitted by the Authorization to Commence Works. In addition to
satisfying all the other requirements of this Agreement in respect thereof, an
Authorization to Commence Works shall be issued for any of the Works for which
the Authorization is sought until the following conditions have been satisfied:
(a) the final Plan of Subdivision of the Lands has been approved by the
Municipality pursuant to the Planning Act;
(b) the final Plan of Subdivision of the Lands has been registered against the
title to the Lands;
(c) the Owner has delivered to the Municipality (1) a copy(s) of this Agreement
as registered against the title to the Lands;(2) a copy(s) of the registered
.Page 53
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 k~ehalf of the
authority authorities or companies having jurisdiction with respect to the
Utilities and Services that are referred to in Schedule "H" that satisfactory
Agreement(s) have been entered into by the Owner with them for the
design, construction, installation and services of the Utilities and Services
as is required by paragraph 5.2 of this Agreement;
(h) the Owner has retained the Owner's Engineer in compliance with paragraph
5.3(1), has provided the name, telefax number and address of the Owner's
Engineer to the Director in writing, has provided the Director with the written
acknowledgement and permission of the Owner's Engineer as required by
paragraph 5.5(2), and has provided the Director- with the Owner's
Engineer's written undertaking that they or it will comply with the provisions
of Schedule "I" of this Agreement;-
(i) the Owner has been given the written approval of the Director of the
Engineering Drawings as required by paragraph 5.5 of this Agreement;
Q) the Owner has been given the written approvals of the .Director of Planning
Services and Director of Engineering 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
Services and the Director of Engineering Services of the Landscape Plan
as required by paragraph 4.2 of this Agreement;
Page 54
(I) 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 Engineering
Services and the Director of Planning Services 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 ttie 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 Pertormance 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 Director of Finance 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 Ministiy
of Natural Resources, the Region and the Central Lake Ontario
Conservation Authority with respect to the Works;
(t) the Owner has deposited with the Director its written undertaking to provide
the Director without cost with a copy of the contract documents, names and .
addresses of all contractors, sub-contractors and suppliers of services and
materials, and copies of all sub-contracts and supply contracts relating to
the construction and installation of the Works for which the application for
Authorization to Commence Works is made, forthwith after written notice is
given by the Director to the Owner to provide any or all of the aforesaid
material; and
Page 55
(u) the Owner has been given the written approvals of the Director of Planning
Services, Director of Engineering Services and Director of Finance as
required by paragraph 4.12 of this Agreement.
(2) Notwithstanding the provisions of paragraph 5.10(1), the Owner may commence
the construction and installation of the Works with the written approval of the
Director prior to the registration of the Plan of Subdivision referred to in paragraph
5.10(1)(b), provided that the requirements of clauses 5.10(1)(d), (g), (h), (i), (j), (k),
(I), (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 contract that may be made by the Owner with
any contractor to .construct or install any of the Works. shall provide that employees or
representatives of the Municipality may, at any time, inspect the work of such contractor
and shall require the contractor to comply with stop work orders given by t:he Director
pursuant to this paragraph 5.12. The Director may give the Owner a written order to stop
the construction or installation of any of the Works that is being undertaken by giving
written notice either to the Owner or to the Owner's Engineer to that effect if in the
Director's opinion either (1) the Works are not being undertaken such that a completed
construction and installation of all the Works satisfactory to the Municipality in accordance
with this Agreement will result, or (2) the Performance Guarantee and the security for the
Maintenance Guarantee required to be provided pursuant to this Agreement in respect of
Page 55
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 Enaineering Drawings
(1) The Works shall be constructed and installed in accordance with the Engineering
Drawings as approved by the Director. No deviation from the Engineering
Drawings is permitted unless such deviation is authorized in writing by the Director
before it is undertaken. All construction and installation of the Works, shall be
undertaken and carried out by the Owner or by the Owner's contractor, as the case
may be, in accordance with the regulations for construction set out in Schedule "L".
(2) The Owner shall keep the Municipality road surfaces and ditches clean of dirt, mud
and refuse until a Certificate of Acceptance of all Works contemplated in this
Agreement has been issued as provided for by this Agreement. If the Owner has
not performed its obligations under this paragraph 5.13(2), the Municipality may do
so and deduct the reasonable cost thereof from the Performance Guarantee. The
Owner shall restore the Performance Guarantee to the amount otherwise required
by this Agreement, forthwith after the Director gives the Owner written notice of the
amount of the deduction in question.
5.14 Seauence 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 ih accordance, with the timing and
sequence therefore set out in the Schedule of Works.
5.15 Completion Time for Construction of Works
Within two (2) years of the date of the issuance of an Authorization to Commence
Works, the Owner shall complete the construction and installation of all of the Works
Page 57
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) thereon 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 (ti) 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 ih his absolute discretion, any deficiency(s) or defect(s)
Page. 58
in the Works, and any failure to complete the Works and all components thereof in
accordance with this Agreement may be corrected, remedied or completed by the
Municipality its contractors, suppliers and employees at the cost of the Owner
without prior notice to the Owner, provided that forthwith after the Municipality so
acts, the Director shall give written notice to the Owner of his determination as
aforesaid, describing the action taken by the Director, and the cost of correcting or
remedying the deficiency or default in question or the cost of completing the Works
and the components thereof, as the case may be. For the purposes of this
paragraph 5.17(1) the .cost of any work which the Municipality undertakes under
this paragraph 5.17(1) shall be determined by the Director in his absolute
discretion. It is understood and agreed by the Parties that the costs for which the
Owner is responsible under this paragraph 5.17(1) shall include a rnanagement
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 pertormance 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
Page 59
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 Pertormance Guarantee and the Security for the Maintenance
Guarantee for the purpose of making payment under this paragraph 5.17(2). The
Owner shall indemnify the Municipality against the costs and expense incurred by
the Municipality in making payment pursuant to this paragraph 5.17(2) forthwith
after the Director gives the Owner written notice requiring him to do so. In the
event that the Municipality draws on and .appropriates any portion of the
Performance Guarantee or the Security for the Maintenance Guarantee for any of
the aforesaid purposes, forthwith after the Director gives written notice to the
Owner requiring it to do so, the Owner shall reinstate the Performance Guarantee
and/or the Security for the Maintenance Guarantee, as the case may be, to the full
amount(s) required under the provisions of this Agreement.
5.18 Acknowledgement Resaecting Emergencv etc. Reaairs
The Ovvner 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 therefore 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 anyone (1) or more portions of the Lands, or the construction or
installation of any of the works provided that all such repairs and or relocations) are
completed to the satisfaction of the Director, the Region and the relevant utility authority
Page 60
orcompany which owns or is responsible for the Works, property or services in question.
In addition, the Owner agrees with the Municipality, at the Owner's cost, to relocate any of
the Works constructed or installed pursuant to this Agreement which are located in
driveways or so close thereto as in the opinion of the Director will interfere with the use of
the driveway in question, forthwith after being given written notice by the Director requiring
the Owner to undertake such relocation.
5.20. Damage to Neighbouring Wells
(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
Page 61
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.
(3) If an Appropriate Authority determines that the well or private water supply of any
person(s) outside the Lands is interfered with or dewatered as a result of the
construction or installation of the Works:
(a) where the interference to a well or private water supply is of short term
duration (i.e. during the course of dewatering and excavation and within one
(1) month of completion of dewatering), in the opinion of an Appropriate
Authority, the Owner shall make available to the affected party(s), a
temporary supply of water at no cost to the affected party(s);
- or -
(b) where in the opinion of an Appropriate Authority the interference to a well or
private water supply is of a long term duration, at the option of the Owner
and at its cost, the Owner either (1) with the Region's approval shall
connect the affected party's property to the Region's water supply system,
or (2) the Owner shall provide a new well or private water system for such
affected party(s) so that water supplied to the affected party's property shall
be of a quality and quantity at least equal to the quality and quantity of
water enjoyed by the affected party(s) prior to the interference, as may be
required by the Appropriate Authority by written notice given to the Owner.
(4) .Without derogating from the other provisions of this paragraph 5.20, if the Director
gives written notice to the Owner that he has reason to believe that the well or
private water supply of any person(s) outside the Lands is interfered with or
dewatered as a result of the construction or installation of the Works, forthwith
after such notice is given, the Owner shall cause the quantity of potable water
considered to be appropriate by the Director to be supplied to the affected
person(s) free of charge either until such time as the Municipality Council, after
considering a report thereon from the Director or an Appropriate Authority decides
that the well or private water supply in question has not been interfered with or
Page 62
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 may be used by the
Municipality and such other person(s) who is (are) authorized by the Municipality for any
of the purposes for which the Works are designed, without interference by the Owner,
and without the payment of any fee or compensation to the Owner, and for such
purposes the Municipality and other person(s) authorized by the Municipality may enter
upon the portion(s) of the Lands on which the Works are located.
5.22 Maintenance of Roads after Comaletion
(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.
Page 63
(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.
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
Page 64
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 Municipali
For greater certainty, the Owner acknowledges and agrees that the Municipality is
the Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall
have no right or claim thereto, other than as an owner of land abutting a highway in which
such Works are installed.
5.26 Reauirements 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 Lancls, 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 ih 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
Page 65
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 being oversized to
accommodate drainage or traffic from lands outside the limits of the Lands, whether from
or in respect of a development charge imposed by the Development Charge By-law, or in
any other manner, or for any other reason unless in the case of storm water drainage the
Owner is a party to aFront-Ending Agreement with the Municipality made under the
Development Charges Act, with respect to the oversizing of a storm drainage Work to
accommodate drainage from. lands other than the Lands if such Agreement provides for
benefiting owners other than the Owner to make front-ending payments in respect of any
one or more portions of either or bath 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 rnaintenance
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 pertormed or undertaken at its cost:
Page 66
(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" and paragraphs ~f.2 and 4.9.
ARTICLE 8 -TIME OF ESSENCE
Time is of the essence of this Agreement.
ARTICLE 9 -AUTHORITY TO MAKE AGREEMENT
The Owner acknowledges and agrees that the Municipality has authority to enter
into this Agreement, that every provision hereof is authorized by the law and is fully
enforceable by the Parties, and that this Agreement is .made by the Municipality in
reliance on the acknowledgement and agreement of the owner as aforesaid.
ARTICLE 10 -AUTHORITY TO UPDATE AND COMPLETE AGREEMENT INCLUDING
SCHEDULES
On behalf of the Parties to. this Agreement, the Director of Planning Services and
Director of Engineering Services are acting individually or collectively 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 Services and/or Director of Engineering
Services, as the case may be, gives written notice thereof to each of the Parties, with the
exception of the Municipality.
Page 67
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
DELIVERED
In the presence of:
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Jim A Mayor _ - -
P i am unicipal Clerk ~~----
IWe have the power to bind the Corporation
COURTICE HOMESTEAD LAND CORP.
l/"" ~_
Name: Title:
~I~t~'l~l~f (, l~jr ~~~t PPS ~G~•~7G
(PRINT NAME)
Name:
Title:
(PRINT. NAME)
INUe have the power to bind the Corporation
BANK OF MONTREAL
,1 }
Name Title:
STEVEN TRACTS
ACCOUNT MANAGER
(PRINT NAME)
Name: Title:
CHRIS MIHAILOVICI
ACCOUNTMANAGER
(PRINT NAME)
I/We have the power to bind the Corporation
Page 68
SCHEDULE"A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9~h day of November, 2009.
LEGAL DESCRIPTION OF LANDS
Part Lot 30, Concession 2, Former Township of Darlington, In the Municipality of
Clarington, Regional Municipality of Durham and as identified as Part 1 on Plan 40R-
P.I.N. #
Page 69
SCHEDULE"B"
THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9`h day of November, 2009.
PLAN OF SUBDIVISION
(Insert reduction of Plan S-C 2007-0002)
A copy of the Plan of Subdivision as draft approved is on file with the Municipality
of Clarington and can be viewed at 40 Temperance Street, Bowmanville in the offices of
the Planning Services Department.
Page 70
Schedule "B" - 2 -
(Insert reduction of the 40M-Plan)
A copy of the 40M-Plan, as approved. for registration is on file with the
Municipality of Clarington and can be viewed at 40 Temperance Street, Bowmanville in
the offices of the Planning Services Department.
Page 71
SCHEDULE"C"
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9~' day of November, 2009.
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 72
SCHEDULE"D"
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9~h day of November, 2009.
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 (31) single family dwellings; (0) serni-
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 $427,335.~D0
dollars payable as follows:
I. PHASE 1 OF THE DEVELOPMENT OF THE LANDS
Phase 1 of the Development of the Lands consists of (31) 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 $427,335.00 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 T3
SCHEDULE"E"
THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9~h day of November, 2009.
(1) On the execution of this Agreement, the Owner shall deliver to the Municipality
transfers of the following easements:
• Block 32 (Temporary Easement) for access to Block 33 on 40M-
(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 registerable form. Paragraphs 2.4 and 2.6 shall
apply in respect of transfers with all necessary changes to them being considered
to have been made to give effect to the intent of this paragraph (3).
(4) The Owner shall transfer to the Municipality any turning circle(s) required by the
conditions of approval of the draft Plan of Subdivision in accordance with the
Municipality's Design Criteria and Standard Drawings and shall construct and
maintain such turning circles in accordance with the Municipality's Design Criteria
and Standard Drawings. Such temporary turning circles shall be held by the
Municipality until the extension of the street in question at which time the block
shall be conveyed without charge to the Owners of the abutting lots, where
applicable.
Page T4
Schedule "E" - 2 -
(5) Temporary turning circle easements shall be transferred to the Owner of the
abutting lots at such time as the temporary turning circle(s) is removed and the
roadway extended through for a nominal consideration.
(6) The Owner shall transfer or cause to be transferred to the Municipality any
easements for the disposal of storm water from the said Lands which are required
by the Director which are external to the said Lands at no expense to the
Municipality. The easements shall be transferred to the Municipality forthwith after
the Director gives the Owner written notice of his requirements and the reasons
therefore. Paragraphs 2.4 and 2.5 of this Agreement shall apply with all necessary
changes to them being considered to have been made to give effect to the extent
of thisprovision.
Page 75
SCHEDULE "F"
THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9th day of November, 2009.
LANDS TO BE TRANSFERRED TO MUNICIPALITY AND 1 OR CASH TO BE PAID
IN LIEU THEREOF
(1) Dedication of Lands
The Owner shall deliver to the Municipality in a form .satisfactory to the
Municipality, transfers in fee simple absolute the following land shown on the 40M
Plan:
• Block 33
• Block 34
• Block 35
• Block 36 & 37
Open Space Block
Road Widening
0.60 Reserve
(0.30 Reserve)
(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 $50,000.00 which the Owner and the Municipality hereby
acknowledge and agree to be properly calculated at the rate of (5%) percent
applied against the sum of $1,000,000.00 dollars.
Page 7f
SCHEDULE"G"
THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9~h day of November, 2009.
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 stomtwater 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
surtaces between curb and sidewalk (the "Road System").
(d) A street lighting system which provides illumination of roads and walkways to serve
the said Lands including all connections, energy and maintenance costs,
appurtenant apparatus and equipment, in the locations as approved by the
Director (the "Street Lighting System").
Page 77
Schedule "G"
-2-
(e) Related Works including grading, landscaping, fencing, noise attenuation
measures, walkways (including lighting) and other miscellaneous Works shown on
the Engineering Drawings and Grading and Drainage Plan (the "Related Works").
(f) Park Works including grading and storm sewer servicing in accordance with the
approved plans, topsoil spreading to a minimum depth of 200 mm, seeding, hydro,
sanitary sewer and water connections stubbed at the park property line..
PHASING OF THE WORKS
The Works shall be divided into the following stages, unless otherwise 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 "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".
- parks works and any remaining works not outlined in paragraphs (2), (3)
and (4) of Schedule "G".
Page 78
SCHEDULE"H"
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has. been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9rh day of November, 2009.
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 a telecommunications provider .licensed by the
Canadian Radio/Televsion and Telecommunications Commission (CRTC) for the
design, provision and installation of a telephone system to serve the said Lancis,
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.
Page 79
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.
The Owner acknowledges and agrees to bear all costs for the provision,
installation and location of Community mailboxes to service this subdivision in a
manner satisfactory to the Director of Engineering Services.
Page 80
SCHEDULE "I"
THIS SCHEDULE IS SCHEDULE "I" to the Agreement .which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9t" day of November, 2009.
DUTIES OF OWNER'S ENGINEER
1. DESIGN WORKS AND PRIVATE WORKS
In addition to the other requirement of this Agreement, the Owner's Engineer shall
prepare all drawings, plans, studies, reports; estimates, calculations and documentation
for the consideration and approval of the Director, which include:
(a) the Engineering Drawings and other related Drawings;
(b) the Grading Plans, Drainage Plans, Landscaping Plans, Staging Plans, Utility
Composite Plans, Master Drainage Plans, Erosion -and Sedimentation Control
Plans, Tree Preservation Plans, and other related Plans;
(c) Traffic Reports, Soils Reports, Geotechnical Reports, Stormwater Management
Reports, Stormwater Implementation Reports and other related Reports;
(d) Schedules of Work;
(e) the Works Cost Estimates or Stage Cost Estimate; and
(f) all documentation and verification to support Performance Guarantee and Security
for the Maintenance Guarantee reduction submissions.
The approval of the Director shall not absolve or release the Owner or the Owner's
Engineer of the responsibility and liability for any errors or omissions in the above
drawings, plans, reports, stages or documentation or from liability for any damage or loss
caused or resulting directly or indirectly by the Owner's Engineer.
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
Page 81
Schedule "I"
-2-
works and the overall management of the development, and shall co-operate with the
Municipality and the Director to protect the interests of the Municipality and the general
public in all matters relating to the design, construction and installation of the Works. In
addition, the Owner's Engineer shall work in accordance with ail conditions of the
Agreement, including Section 5 and Schedules "G", "H", "I", "J" and "L".
3.
The Owner's Engineer shall provide fully qualified, experienced supervisory layout
and inspection staff, acceptable to the Director, to provide continuous inspection service
during all phases of the construction and installation of the Works and the private works.
Without limiting the generality of the foregoing, the Owner's Engineer shall be responsible
for the following:
(a) To carry out or arrange for the carrying out by qualified personnel of field layout
including the provision of line and grade to the contractors and, where required,
restaking.
(b) To thoroughly inspect the construction, installation, and supply of materials to
ensure that all work is being performed in accordance with the Engineering
Drawings, the Municipality's Design Criteria and Standard Drawings and all
applicable law. The Owner's Engineer shall have the authority and responsibility to
immediately stop and/or reject any work, procedure, or material which in his
opinion does not comply with the Engineering Drawings, the 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.
Page 82
Schedule "I" - 3 -
(e) To investigate and immediately report to the Director any unusual circumstances,
potential problems, conflicts, errors, defective work or material which may arise
during the construction and installation of the Works.
(f) To obtain field information during and upon completion of the construction and
installation of the Works required to modify the Engineering Drawings to produce
the as-constructed drawings ofi 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 ell 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-
contractorand 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 83
SCHEDULE "J"
THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9~h day of November, 2009.
WORKS COST ESTIMATES
1.0 Site Preparation. and Erosion Control 32,250.00
2.0 Storm Sewers 236,652.10
3.0 Roads and Miscellaneous 144,777.46
4.0 Street Lights 19,900.00
5.0 Road Work -Stage 2 Construction 187,092.00
6.0 Fencing 29,770.00
7.0 Landscaping/Boulevard Trees 50,300.00
Sub-total 700,741.56
5% Contingencies 35,037.08
Sub-total 735,778.64
10% Engineering 73,577.86
Sub-total 809,356.50
5% GST 40,467.83
TOTAL COST ESTIMATE $849,824.33
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 Woilcs
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 8~
SCHEDULE"K"
THIS SCHEDULE. IS SCHEDULE "K" to the Agreemeht which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9th day of November, 2009.
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 Director of Finance and licensed in Ontario to underwrite such
insurance and containing terms and conditions which are acceptable to the Municipality's
Director of Finance. 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 85
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 ordemolition 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 8fi
SCHEDULE "L"
THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9th day of November, 2009. .
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..
5. REMOVAL OF TOPSOIL
The Owner shall not remove any topsoil from the said Lands except for
construction purpose and such topsoil must remain within the limits of the said Lands.
Page 87
Schedule "L"
-2-
6. DUMPING OF FILL OR DEBRIS
The Owner agrees to neither dump, or permit to be dumped, any fill or debris, on
nor to remove, or permit to be .removed any fill from any lands to be dedicated to the
Municipality other than the roads within the limits of the said Lands, without the written
consent of the Director.
7. DISPOSAL OF CONSTRUCTION GARBAGE
The Owner shall remove and dispose of all construction 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 far 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 Lahds and to ensure
that no burning of construction garbage or debris is permitted on the said Lands. Without
derogating from the foregoing provisions of this paragraph, if the Owner fails to remove
construction garbage or debris from the Lands for a period of three (3) consecutive days
following the giving of written notice by the Director to the Owner requiring it to do so, the
Director may cause the construction garbage or debris to be removed to and disposed of
in the aforesaid dumping site at the expense of the Owner. Forthwith after the Director
gives written notice to the Owner requiring it to pay for the costs incurred in removing and
disposing of the construction garbage or debris, the Owner shall pay the Municipality the
amount of money for it is invoiced.
8. QUALITATIVE AND QUANTITATIVE TESTS
(1) The Owner's Engineer shall arrange for and monitor all testing or procedures,
equipment and materials, by a qualified geotechnical engineer and where
applicable, a qualified structural engineer, who shall ensure conformance with the
Engineering Drawings, and with the Municipality's Design Criteria and Standard
Drawings, or in cases where criteria have not been specified by the Municipality,
with the Ontario Provincial Standards for Roads and Municipal Services.
(2) Prior to the issuance of a Certificate of Completion, the Owner's Engineer, in
conjunction with the geotechnical engineer and where applicable structural
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
Page 88
Schedule "L" - 3 -
of such tests or monitoring, that he is satisfied with the materials testing methods
used and that the results conform to the requirements of paragraph 8(1) of this
Schedule "L".
(3) The Owner agrees .that the Director may, at his sole discretion, employ a
geotechnical engineer to carryout independent qualitive or quantitative tests on
behalf of the Municipality, for any portion of the Works, procedures; equipment or
materials installed or constructed or to be installed or constructed and that the
costs of such testing shall be paid by the Owner.
9. TELEVISED INSPECTION OF STORM SEWER
The Owner agrees to televise and record, to the satisfaction of the Director, and for
Municipality use, all of the storm sewers, and where deemed necessary by the Director,
all catchbasin leads and service connections and, subsequent to any rectifications or
additional work, to re-televise and record to the satisfaction of the Director, any storm
sewer, catchbasin lead, rear yard catchbasin lead or service connection and that all
associated costs shall be paid by the Owner.
10. WINTER CONSTRUCTION
In addition to the materials testing criteria for cold weather construction, any pipe
bedding, trench backfill or road building material found to contain frozen material shall be
deemed unacceptable and shall be removed immediately.
The Owner shall not commence placement of base asphalt paving later than
December 1st and shall not commence placement of surface asphalt paving later than
November 15th, unless approved otherwise by the Director.
Should the Director be of the opinion that any of the Works are not being
constructed using effective cold-weather precautions he may, in his absolute discretion,
revoke any Authorization to Commence Works and suspend construction by issuing a
stop work order to be in effect until the Director give the Owner written notice of the
termination of the stop work order.
Page 89
Schedule "L" - 4 -
11. MAINTENANCE. CLOSING AND USE OF EXTERNAL ROADS
The Owner shall, at all times during the life of this Agreement ensure that during
any construction on the said Lands, all public highways abutting the said Lands and all
public highways used for access to the said Lands, shall be maintained in a condition at
least equal to their condition on the date as of which this Agreement is made, and in all.
cases to the satisfaction of the Director. At all times, the Owner shall maintain all such
highways free of dust and mud which originate from the Lands. If, in the opinion of the
Director, a highway has been damaged as a result of the construction, installation or
maintenance of the Works, or the development of any portion of the-Lands as a result of
any action or default by any person other than the Municipality, its agents, employees or
contractors, forthwith after the Director gives the Owner written notice of his opinion, the
Owner, at the Owner's expense, shall repair such road to the condition which is at least
equal to its condition immediately prior to the date of such damage, to the satisfaction of
the Director. No highway outside the limits of the said Lands shall be closed without the
prior written approval of the authority having jurisdiction over such highway. The Owner
agrees not to use or occupy any untravelled portion of any road allowance without the
prior written approval of the authority having jurisdiction over such road allowance.
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 asphialt
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 9iD
SCHEDULE"M"
THIS. SCHEDULE IS SCHEDULE "M" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9th day of November, 2009.
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
Lots 1 to 31
Block 32
Block 33
Block 34
Block 35
Blocks 36 & 37
PERMITTED LAND USE
ON 40M PLAN
- Single Detached Dwellings
- Temporary Access Easement to Block
33
- Open Space Block conveyed to
Municipality of Clarington
- Road Widening
- 0.6 metre reserve for Landscaping
- 0.3 metre reserves
Page 91
SCHEDULE"N"
THIS SCHEDULE 1S SCHEDULE "N" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9`h day of November, 2009.
LANDS UNSUITABLE FOR BUILDING
The Owner agrees that no application will be made for a building permit for ttie
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
Engineering and Planning Services and/or any other Authorities having jurisdiction.
LOT OR BLOCK NUMBER
Block 32
Block 33
PERMITTED LAND USE
ON 40M PLAN
- Temporary access to Block 33
- Open Space Block to be transferred to
the Municipality of Clarington
Page 92
SCHEDULE"O"
THIS SCHEDULE IS SCHEDULE "O" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted. and passed the. 9th day of November, 2009.
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 USED -
Page 93
SCHEDULE"P"
THIS SCHEDULE IS SCHEDULE "P" to the Agreement which .has -been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9th day of November, 2009.
- NOT USED -
Page 94
SCHEDULE"Q"
THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9th day of November, 2009.
CONSERVATION AUTHORITY'S WORKS
Prior to any on-site grading or construction or final registration of the plan, the Owner
shall submit to, and obtain approval from the Municipality of Clarington, and the Central
Lake Ontario Conservation Authority for reports describing the following:
a) the intended means of conveying stormwater flow from the site, including
the use of stormwater techniques which are appropriate and in
accordance with provincial guidelines;
b) the anticipated impact of the development on water quality, as it relates to
fish and wildlife habitat once adequate protective measures have been
undertaken; and
c) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction, in accordance with
provincial guidelines. The report must outline all actions to be taken to
prevent an increase in the concentration of solids in any water body as a
result of on-site or other related works, to comply with the Canada
Fisheries Act.
The Owner agrees to carry out the requirements and recommendations of the Courtice
Homestead Land Corporation Trulls Road. North. Environmental Impact Study (June
2009) as prepared by Niblett Environmental Associates Inc. In particular,-the Owner
shall prepare a landscape plan for the wetland buffer area for review and approval of
the Central Lake Ontario Conservation Authority. The Owner shall agree to implement
the approved landscape plan prior to final registration of the plan of subdivision.
The Owner shall dedicate Block 34 to an appropriate public agency.
The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing fees and Technical
Review fees owing as per the approved Authority Fee Schedule.
The subdivision agreement between the Owner and the Municipality of Clarington shall
contain, among other matters, the following provisions:
a) The Owner agrees to carry out the works referred to in Condition 43, 44,
45, 46, and 47 to the satisfaction of the Central Lake Ontario
Conservation Authority.
b) The Owner agrees to maintain all stormwater and erosion and sediment
control structures operating and in good repair during the construction
period, in a manner satisfactory to the Central Lake Ontario Conservation
Authority.
c) The Owner agrees to advise the Central Lake Ontario- Conservation
Authority 48 hours prior to the commencement of grading or initiation of
any on-site works.
A copy of the fully executed subdivision agreement between the area Municipality and
the Owner, will expedite the. clearance of Condition 47.
Page 9s
SCHEDULE"R"
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9th day of November, 2009.
ENGINEERING AND INSPECTION FEES.
Estimated Cost of Works
Up to $100,000.00
$100,000.00 to $500,000.00
$500,000.00 to $1,000,000.00
$1,000,000.00 to $2,000,000.00
$2,000,000.00 to $3,000,000.00
$3,000,000.00 or greater
Fees
4% to a maximum of $4,000.00
$4,000.00 or 3.5% of the estimated cost
of services - whichever is greater
$17,500.00 or 3% of the estimated cost
of services -whichever is greater
$30,000.00 or 2.50% of the estimated
cost of services -whichever is greater
$50,000.00 or 2.25% of the estimated
cost of services -whichever is greater
$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 Cast
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 five (5%) 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 96
SCHEDULE"S"
THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9th day of November, 2009.
CONDITIONS OF DRAFT APPROVAL
AS APPROVED BY COUNCIL NOVEMBER 9, 2009
DRAFT PLAN OF SUBDIVISION S-C-2007-0002
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-2007-0002 prepared by D.G. Biddle & Associates Ltd.,
identified as Project No. 103072 and Drawing No. DP-1, as revised and plotted
September 2, 2009, which illustrates 31 single detached dwelling units, an open
space block, a future development block, a road widening block, a permanent 0.6
metre reserve and a road allowance.
FINAL PLAN REQUIREMENTS
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.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to
implement the recommendations of the "Noise Impact Study for Courtice
Homestead Land Corp.", revised June 2009, prepared by D.G. Biddle &
Associates Limited, which specifies noise attenuation measures for the
development. The measures shall be included in the municipal subdivision
agreement and must also contain a full and complete reference to the noise report
(i.e. author, title, date and any revisions/addenda) and shall include any required
warning clauses identified in the study. The Owner shall provide the Region with a
copy of the subdivision agreement containing such provisions prior to final
approval of the plan.
5. The Owner is to demonstrate to the Clarington Building Division that prior to the
issuance of a building permit, for the dwellings requiring noise attenuation
measures, the recommendations of the Noise Study noted in Condition 4, will be
implemented.
6. Prior to final approval, the proponent shall engage a qualified professional to carry
out, to the satisfaction of the Ministry of Culture, an archaeological assessment of
the entire development property, and mitigate, through preservation or resource
removal and documentation, adverse impacts to any significant archaeological
resources found. No demolition, grading or other soil disturbances shall take place
on the subject property prior to the Ministry of Culture .confirming that all
archaeological resource concerns have been met including licensing and resource
conservation requirements.
Page 97
7. The Owner shall submit plans showing the proposed phasing of the development
to the Region and the Municipality of Clarington for review and approval if this
subdivision is to be developed by more than one registration. The Municipality
shall require the preparation of a subdivision agreement for each phase of
development..
8. The Owner shall obtain municipal approval of the zoning for the land uses shown
on the approved draft plan in accordance with the provisions of the Planning Act.
9. The Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Engineering Services and the Director of
Planning Services for review and approval. The Landscaping Plan shall reflect the
design. criteria of the Municipality as amended from time to time..
i
10. The Owner shall submit a detailed tree .preservation plan consistent with the
recommendations of the Environmental Impact Study and to the satisfaction of the
Municipality of Clarington. No trees shall be removed until such time as this
program has been approved except as authorized by the Municipality.
11. Any trees to be removed noted ih Condition 10, if removed by burning, shall
require a permit in accordance with Open Air Burning By-law 2001-113.
12. The Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Engineering Services for review
and approval. All plans and drawings must conform to the Municipality's Design
Criteria as amended from time to time.
13, Prior to registration of any portion of the subject draft plan the owner must
demonstrate how perpetual maintenance of any block(s) identified as "Part Lots or
Blocks" will be undertaken. All part lots will be pre-serviced with water, sanitary
and storm sewers. Further, the Owner agrees that until such time as the
necessary lands are acquired to complete Block 32, these lands shall be graded
and seeded.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
14. The Owner shall enter into a Subdivision Agreement with the Municipality and
agree to abide by all terms and conditions of the Municipality's standard
subdivision agreement, including, but not limited to, the requirements that follow.
15. All land dedications including road widenings, sight triangles and reserves, and all
easements, as required by the Municipality of Clarington for this development
must be granted to the Municipality of Clarington free and clear of all
encumbrances and in a form satisfactory to the Municipality's solicitor.
16. The Owner shall convey Block 34, Open Space Block, to the Municipality of
Clarington.
17. The Owner shall dedicate Block 33 to the Municipality of Clarington as a temporary
easement, until an alternative easement has been secured in order to provide
access to Block 34.
18. The Owner shall convey a 5.18 metre road widening shown as Block 35 across the
entire frontage of the draft plan to the Municipality of Clarington for the purpose of
widening Trulls Road.
19. The Owner shall convey the 0.6 metre reserve shown as Block 36 on the draft
plan, to the Municipality of Clarington.
Page. 98
20. The Owner shall cause all utilities, including hydro, telephone and cable television,
within the streets of this development to be installed underground, for both primary
and secondary services.
21. Although the lands north of Road 'A' cannot be considered for development at this
time, the proposal indicates how these lands may develop in the future. The
Owner will be 100% responsible for the cost of "stubbing" water, sanitary sewer
and storm sewer services in a manner that accommodates future development to
the north of Road `A', if and when it occurs, to the satisfaction of the Director of
Engineering Services.
22: The engineering drawings for this development must be signed, sealed and dated
by a Professional Engineer.
23. Dwelling foundations are to drain such that basements must be 0.5 metres above
the 100 year HGL.
24. The Owner is required to establish, and be responsible for 100% of the cost of, a
geodetic benchmark in the vicinity of the intersection of Trulls Road and
Daiseyfield Avenue, which will serve as vertical control for the proposed
development.
25. This development cannot proceed until such time that the Municipality has
approved the expenditure of funds for the provision of the reconstruction of Trulls
Road and any related external works or services such as street illumination,
sidewalks etc. which form a connection to the rest of the Courtice Urban Area and
which have been included in the Municipality's Development Charge By-law and
have been deemed necessary by the Director of Engineering Services to service
this development. Alternatively, the development will be permitted to proceed
provided that Trulls Road is overlaid with asphalt from the north limit of the existing
urbanized road section to the intersection of Trulls Road and Daiseyfield Drive at
100% the expense of the Owner, at the direction of, and to the satisfaction of, the
Director of. Engineering Services.
26. All works and services must be designed and constructed in accordance with the
Municipality of Clarington Design Criteria and Standard Drawings, provisions of
the Municipality Development By-law and all applicable legislation and to the
satisfaction of the Director of Engineering Services.
27. The Owner must meet all the requirements of the Engineering Services
Department, financial or otherwise.
28. Prior to the issuance of building permits, access routes to the subdivision must be
provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all
watermains and hydrants are fully serviced and the Owner. agrees that during
construction, fire access routes be maintained according to Subsection 2.5.1.2 of
the Ontario Fire Code, storage of combustible waste be maintained as per
Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire
Code.
29. 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 for all
or a portion of the required dedication.
30. The Owner agrees to construct a 1.2 metre high chain link fence on the west, or
rear lot lines of Lots 1 to 13, together with a 1.8 metre high cedar hedge, as well
as on the east or rear lot lines of Lots 14 to 3, to the satisfaction of the Director of
Planning Services and Director of Engineering Services.
Page 99
31. The Owner agrees to include a clause in any Agreement of Purchase and Sale
advising future owners of the Municipality's Gate Access Policy to Municipal Open
Space.
32. The Owner shall provide the Municipality, at the time of execution of the
subdivision agreement unconditional and irrevocable, Letters of Credit acceptable.
to the Municipality's Treasurer, with respect to Performance Guarantee,
Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as
may be required by the Municipality.
33: The Owner shall pay to the Municipality, the development charge in accordance to
the Development Charge By-law as amended from time to time, as well as
payment of a portion of front end charges pursuant to the Development Charge
Act if any are required to be paid by the Owner.
34. The Builder shall include a disclosure in all purchase and .sale agreements
advising home buyers of Municipal parking regulations, to the satisfaction of the
Director of Planning Services.
35. The Owner shall be 100% responsible for the cost of any architectural design
guidelines specific to this development, as well as 100% of the cost for the
"Control Architect" to review and approve all proposed models and building
permits, to the satisfaction of the Director of Planning Services.
36. No building permit shall be issued for the construction of any building on any
residential lot or block on said plan, until the architectural control guidelines for the
development and the exterior architectural design of each building and the location
of the building on the lot has been approved by the Municipality of Clarington.
37. No residential units shall be offered for sale to the public on said plan until such
time architectural control guidelines and the exterior architectural design of each
building has been approved by the Director of Planning Services.
38. The subdivision agreement between the Owner and the Municipality of Clarington
shall contain, among other matters, the following provision: the Owner agrees that
the display and marketing materials to be used for this development shall be
submitted to the Director of Planning Services and the Director of Engineering
Services for approval. Said plans and materials must receive approval prior to
issuance of a building permit for a sales facility or model home to be constructed
on any Part of the Lands.
39. The Owner shall submit an Energy Management Plan to the satisfaction of the
Director of Planning Services outlining various means that the Owner will
implement to support energy conservation. In addition, the Owner will prepare a
planting plan to the satisfaction of the Director of Planning Services, and shall
plant a minimum of one tree in the rear yard of each home.
40. The Owner must place in all agreements of purchase and sale for the lots, a
warning: "Existing and potential future agricultural operations are being conducted
in the surrounding lands, in compliance with the Clarington Official Plan and
Zoning By-law, other municipal and regional by-laws and provincial legislation".
41. The Owner agrees that where the well or private water supply of any person is
interfered with as a result of the subdivision, the Owner shall at his expense, either
connect the affected party to a 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.
Page 100
42. The Owner supply on disk, in a CAD format acceptable to the Municipality a copy
of the proposed Plan of Subdivision as Draft Approved and each 40M Plan
proposed for registration..
43. Prior to any on-site grading or construction. or final registration of the plan, the
Owner shall submit to, and obtain approval from the Municipality of Clarington, and
the Central Lake Ontario Conservation Authority for reports describing the
following: '
a) the intended means of conveying stormwater flow from the site, including
the use of stormwater techniques which are appropriate and in
accordance with provincial guidelines;
b) the anticipated impact of the development on water quality, as it relates to
fish and wildlife habitat once adequate protective measures have been
undertaken; and
c) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction, in accordance with
provincial guidelines. The report must outline all actions to be taken to
prevent an increase in the concentration of solids in any water body as a
result of on-site or other related works, to comply with the Canada
Fisheries Act.
44. The Owner agrees to carry out the requirements and recommendations of the
Courtice Homestead Land Corporation Trulls Road North Environmental Impact
Study (June 2009) as prepared by Niblett Environmental Associates Inc.. In
particular, the Owner shall prepare a landscape plan for the wetland buffer area 1'or
review and approval of the Central Lake Ontario Conservation Authority. The
Owner shall agree to implement the approved landscape. plan prior to final
registration of the plan. of subdivision.
45. The Owner shall dedicate Block 34 to an appropriate public agency.
46. The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing fees and
Technical Review fees owing as per the approved Authority Fee Schedule.
47. The subdivision agreement between the Owner and the Municipality of Clarington
shall contain, among other matters, the following provisions:
a) The Owner agrees to carry out the works referred to in Condition 43, 44,
45, 46, and 47 to the satisfaction of the Central Lake Ontario
Conservation Authority.
b) The Owner agrees to maintain all stormwater and erosion and sedimemt
control structures operating and in good repair during the construction
period, in a manner satisfactory to the Central Lake Ontario Conservation
Authority.
c) The Owner agrees to .advise the Central Lake Ontario .Conservation
Authority 48 hours prior to the commencement of grading or initiation of
any on-site works.
A copy of the fully executed subdivision agreement between the area Municipality
and the Owner, will expedite the clearance of Condition 47.
Page 101
48. 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, other local
services and all internal and external works and services related to this proposal.
49. 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. III
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.
50. 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.
51. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the Region.
52. 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.
53. The Owner is to co-ordinate the preparation of an overall utility distribution plan to
the satisfaction of all affected utility providers and the Director of Engineering
Services.
54. The Owner shall grade all streets to final elevation prior to the installation of the
services and provide the necessary field survey information required for the
installation of the gas lines, all to the satisfaction of local utility provider and to the
Director of Engineering Services.
55. The Owner is hereby advised that prior to commencing any work within the Plan,
the Owner must confirm that sufficient wire-line communication/
telecommunication infrastructure is currently available within the proposed
development to provide communication/telecommunication service to the
proposed development. In the event that such infrastructure is not available, the
Owner is hereby advised that the Owner may be required to pay for connection to
and/or extension of the existing communication/ telecommunication infrastructure.
If the Owner elects not to pay for such connection to and/or extension of the
existing communication/ telecommunication infrastructure, the Owner shall be
required to demonstrate to the Municipality that sufficient alternative
communication/ telecommunication facilities are available within the proposed
development to enable, at a minimum, the effective delivery of the communication/
telecommunication services for emergency management services (i.e., -911
.Emergency Services).
56. The Owner shall agree to provide easements that may be required for
telecommunications services to the satisfaction of the service provider and the
Director of Engineering Services. Easements may be required subject to final
servicing decisions.
Page 102
57. The subdivision agreement between the Owner and the Municipality of Clarington
shall contain, among other matters, the following provisions:
a) The Owner agrees to include provisions whereby all offers of purchase
and sale shall include .information that satisfies Subsection 59(4) of the
Development Charges Act, 1997.
b) The Owner agrees to fulfill the requirements of the Master Drainage Study
as they apply to this site to the satisfaction of the Director of Engineering
Services and the Central Lake Ontario Conservation Authority.
c) The Owner agrees that no filling, grading or alteration to the water course
shall occur on the property without the prior written approval of the Central
Lake Ontario Conservation Authority.
d) That the Builder include a disclosure in all purchase and sale agreements
advising home buyers of municipal parking regulations, to the satisfaction
of the Director of Planning Services.
e) The Owner agrees to place the following in all agreements of purchase
and sale between the Developer and all prospective home buyers:
i) "Due to the proximity of this plan to Trulls Road purchasers should
be aware that traffic noise may interfere with some activities of the
dwelling occupants."
ii) "Despite the noise control features implemented within the
development and/or within the individual dwelling units, noise levels
from the adjacent Trulls Road may occasionally interfere with some
activities of the dwelling occupants."
iii) "Purchasers and tenants notified that there are existing .farming
operations nearby and that they will not object, complain or seek
legal action against such nuisances as noise and odour resulting
from normal farming practices."
f) The Owner agrees to implement- those noise control measures
recommended in the Noise Report required in Condition 4.
g) The Owner agrees to register on the title of all lots a notice to indicate that
both the present Owner(s) and future Owner(s) are fully aware. of the
existence of farming operations nearby and will not object, complain or
seek legal action against such nuisances as noise and odour resulting
from normal farming practices.
58. Prior to final approval of this plan for registration, the Director of Planning Services
for the Municipality of Clarington shall be advised in writing by:
a) Regional Municipality of Durham, how Conditions 4, 6, 7, 49, 50, 51, and
52 have been satisfied;
b) Central Lake Ontario Conservation, how Conditions 43, 44, 45, 46 and 47
have been satisfied; and
c) Enbridge Gas Distribution, how Conditions 53 and 54 have been satisfied.
Page 103
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three years of the draft approval
date, and no extensions have been granted, draft approval shall lapse and the file
shall be CLOSED. Extensions may be granted provided valid reason is given and
is submitted to the Director of Planning Services for the Municipality of Clarington
well in advance of the lapsing date.
2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft. approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to
final approval. The Planning Act provides that draft approval, may be withdrawn at
any time prior to final approval
3. All plans of subdivision must be registered in the Land Titles system within the
Regional Municipality of Durham.
4. Where .agencies' requirements are required to be included in. the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies in
order to facilitate their clearance of conditions for final approval of this plan. The
addresses and telephone numbers of these agencies are:
a) Durham Regional Planning Department, 605 Rossland Road East, P.O.
Box 623, Whitby, ON L1 N 6A3 (905-668-7721);
b) Central Lake Ontario Conservation Authority, 100- Whiting Avenue,
Oshawa, ON LIH 3T3 (905-579-0411).
b) Enbridge Gas Distribution, Area 45 Records Coordinator, P.O. Box 650,
Scarborough, ON M1 K 5E3
Page 104
SCHEDULE "T"
THIS SCHEDULE IS SCHEDULE "T" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9~" day of November, 2009.
"TREE PRESERVATION PLAN"
A copy of the Tree Preservation Plan, as approved, is on file with the Municipality
of Clarington and can be viewed at 40 Temperance Street, Bowmanville, in the offices of
the Engineering Services Department.
Page-105
SCHEDULE"U"
THIS SCHEDULE IS SCHEDULE "U" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9~h day of November, 2009.
LANDSCAPING PLAN
(See Attached)
A copy of the Landscaping Plan, as approved, is on file with the Municipality of
Clarington and can be viewed at 40 Temperance Street, Bowmanville, in the offices of
the Engineering Services Department.
Page 106
SCHEDULE"V"
THIS SCHEDULE IS SCHEDULE- "V" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9~' day of November, 2009.
REQUIREMENTS OF OTHER AGENCIES
REGION OF DURHAM
The Owner shall prepare the final plan on the basis of the approved draft plan
of subdivision, prepared by D.G. Biddle & Associates Ltd., dated July 2003 identified
as Project No. 103072, which illustrates 37 single detached dwellings, an open
space block, a roadway, a road widening and a reserves block.
2. The Owner shall name road allowances included in this draft plan to the satisfaction
of the Region and the Municipality of Clarington.
3. The Owner shall submit plans showing the proposed phasing to the Region and the
Municipality of Clarington far review and approval if this subdivision is to be
developed by more than one registration.
4. The Owner shall grant such easements as may be required for utilities, drainage and
servicing purposes to the Region.
5. Prior. to final approval, the Owner is required to submit a signed Record of
Site .Condition (RSC) to the Region, the Municipality of Clarington, and the
Ministry bf Environment (MOE). This RSC must be to the satisfaction of the
Region, including an Acknowledgement of Receipt of the RSC by the MOE.
The Owner shall agree in the Municipality of Clarington Subdivision Agreement to
implement the recommendations of the "Noise Impact Study for Halminen Trulls",
dated December 2007, prepared by D.G. Biddle & Associates Limited, which
specifies noise attenuation measures for the development. The measures shall
be included in the municipal subdivision agreement and must also contain a full
and complete reference to the noise report (i.e. author, title, date and any
revisions/addenda) and shall include any required warning clauses identified in the
study.
7. Prior to final approval, the proponent shall engage a qualified professional to carry
out to the satisfaction of the Ministry of Culture, an archaeological assessment of
the entire property and mitigate, through preservation or resource removal and
documentation, adverse impacts to any significant archaeological resources
found. No demolition, grading or other soil disturbances shall take place on the
subject property prior to the Ministry of Culture confirming that all archaeological
resource concerns have been met including licensing and resource conservation
requirements.
8. The Owner shall provide for the extensioh 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 Region. All arrangements, financial and
Page 107
otherwise, for said extensions are to be made to the satisfaction of the Region,
and are to be completed prior to final approval of this plan.
9. Prior to entering into a subdivision agreement, the Region shall be satisfied that
adequate water pollution control plant and water supply capacities are available
to the proposed subdivision.
10. The Owner shall satisfy all requirements, financial and othenrvise, of the Region.
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.
ENBRIdGE .GAS
1. The developer is to co-ordinate the preparation of an overall utility distribution plan
to the satisfaction of all effected authorities.
2. Streets are to be constructed in accordance with the municipal standards.
3. The developer shall grade all streets to final elevation prior to the installation of the
gas lines and provide the necessary field survey information required for the
installation of the gas lines, all to the satisfaction of Enbridge Gas Distribution.
4. All of the natural gas distribution system will be installed within the proposed road
allowances therefore easements will not be required.
Page 108
SHEDULE "W"
THIS SCHEDULE IS SCHEDULE "W" to the Agreement which has been
authorized and approved by By-law No. 2009-152 of The Corporation of the Municipality
of Clarington, enacted and passed the 9~h day of November, 2009.
ARCHITECTURAL CONTROL STANDARDS
All dwellings to be erected on the said Lands shall satisfy the following
architectural control standards:
The Owner acknowledges and accepts 100% responsibility for the cost of
preparing Architectural Control Guidelines specific to this development as well as 100% of
the costs for the control architect to review and approve all proposed model and building
permits, to the satisfaction of the Director of Planning Services.
The Owner, furthermore agrees that no residential units shall be offered for sale to
the public on said plan until such time as the architectural control guidelines are Exterior
architectural design of each building have been approved by the Control Architect and the
Director of Planning Services.
Only model working drawings bearing the stamp of the Control Architect shall be
eligible for submission of the Municipality of Clarington.-