budget development and the establishment of a striking committee:

Transcription

1 Special Meeting held on April 19, ST REPORT OF THE BOARD OF CONTROL PRESENT: Mayor A. M. DeCicco (Chair), Deputy Mayor T. C. Gosnell, Controllers W. R. Monteith, W. J. Polhill and G. D. Hume; and K. Bain (Secretary). ALSO PRESENT: V. A. Cote and M. Hayward. I YOUR BOARD RECOMMENDS: Striking Committee 1. That5 the following actions be taken with respect to the Budget budget development and the establishment of a striking committee: (a) part (a) of clause 5 of the 20th Report of the Board of Control from its meeting held on April 14, 2004 BE DELETED and the following substituted therefor: (a) the Terms of Reference and Timetable for the Striking Committee as set out in the revised Appendix A attached hereto BE ADOPTED and the first Striking Committee meeting take place on April 27, 2004; (b) part (d) of clause 5 of the 20th Report of the Board of Control from its meeting held on April 14, 2004 BE DELETED and the following substituted therefor: (d) Councillors A. A. Chahbar, J. P. Bryant, S. E. Eagle, F. W. Tranquilli and S. E. White BE APPOINTED to the 2005 Budget Striking Committee for a one year term coinciding with the 2005 budget development cycle. (See attached.) The meeting adjourned at 4:35 p.m.

2 April 14, 2004 ADDED AfR Jqloy TO: FROM: SUBJECT: CHAIR AND MEMBERS BOARD OF CONTROL MEETING ON APRIL 19,2004 VIC COTE ACTING GENERAL MANAGER OF FINANCE AND CORPORATE S E RVI C ES Striking Committee Timetable Revision f I RECOMMENDATION I That the revised Striking Committee Terms of Reference and timetable (attached as Appendix A) BE ADOPTED. II BACKGROUND II Board of Control provided feedback on the initial Striking Committee terms of reference and timetable. Appendix A - Revised Terms of Reference and Timetable - eliminates some of the duties of the Striking Committee to provide more focus and increases the time allotted to allow adequate discussion of the issues. In addition, the meeting times have all been established with a start time of 4:30 pm to allow participation by those members of Council and Board of Control with other commitments during the day. Martin Hayward, Director of Financial Planning and Policy Vic Cote Acting General Manager of Finance & Corporate Services MH Att.

3 APPENDIX A STRIKING COMMITTEE OF COUNCIL - TERMS OF REFERENCE =HS.D APHL I9,2004 FOLLOWING BOARD OF CONTROL INPUT The Striking Committee will consist of thirteen voting members: - Deputy Mayor, Chair - Mayor (ex officio) - Chair of ETC - Chair of CPSC - Chair of Planning Committee - Three Members Board of Control - Five Members of Council REPORTING RELATIONSHIP The Striking Committee will report directly to Council. TERM OF OFFICE. The committee members shall be appointed for a one year term coinciding with the 2005 budget development cycle. APPOINTMENT POLICIES The Board of Control nominates all of the representatives and the Municipal Council makes the appointments. VACANCIES The same procedure is followed as for the appointment of members to the Committee. REM U N ERATl ON No remuneration is paid to the Committee meetings RESOURCES The Committee will be supported by members of the Senior Leadership Team, the City Clerk and staff from Financial Planning & Policy under the direction of the General Manager of Finance and Corporate Services. In addition, the committee will receive presentations from the executive directors and board chairs of the various boards and commissions, as well as other civic staff as required. MEETINGS The Committee shall meet at the start of the budget process to establish targets; meetings shall be at the call of the Chair. This process will be reviewed each year and the duties adjusted as required. DUTIES 1. Work with the Civic Administration to achieve a tax levy increase from tax rates of approximately 3% for And evaluate alternatives for distributing the impacts of the target. Meet with civic departments, boards and commissions to discuss exiting programs or service level adjustments required to meet the 3% target level. Establish clear strategies for the capital program (life cycle maintenance and growth v new initiatives, level of capital expenditure, and financing (debt limits, pay-as-you-go financing, reserve funds levels). To approve a package and timetable for the 2005 budget. Targets, timetable and budget presentation format be established and finalized by end of May, early June.

4 ---_I----_---_ ~~ APPENDIX A STRIKJNG COMMITTEE OF COUNCIL - TERMS OF REFERENCE REVISED APRIL 14,2004 FOLLOWING BOARD OF CONTROL INPUT TIMETABLE I 0 Strikincr Committee draft timetable Date Task 1 Tuesday, April 27, :30-7:30 pm JVednesday' April 28' 430-7:30 pm Tuesday, May 04 to Wednesday, May 26 (All sessions from 4:30-7:30 Pm> Receive package outlining: * timetable * budget presentation package * budget projections for 2005 * alternative methods for allocating budget targets * budget targets for each department board and commission to achieve 3% tax levy increase * capital budget strategy for 2005 including impacts on operating budget I Discuss and approve timetable, budget presentation package 1 Endorse method for allocating budget target and endorse each department, board and commission 2005 operating budget target. Request all departments, boards and commissions to discuss the impacts of the targets on the various programs or service levels Workshop sessions to have free discussion with departments, boards and commissions on the impacts of budget targets and capital strategy. If concerns revise target accordingly (will impact final tax rate). The suggested timetable would be as follows: Tuesday, May 18,2004 Museum London, Toursim London, Conservation Authorities, London I Public Libraty, London Middlesex Health Unit -----_.- )-_I_-I-.----"ll"_l_--II--II_" x Wednesday, May 26,2004 Corporate Revenues & Expenses and final recommendations Monday May 31, 2004 Information Report to Council on conclusions/recommendations will include: Conflict with FCM: this date to be revised after consultation I Target for each Department, Board and Commission with the Com m ittee Budget timetable & process 0 Guidelines released administratively to each Department Board and Commission May 18,2004 Administrative review of budget September I, 2004 Presentation of Draft budget to Council October 27, 2004 Budget Approval by Council December 6,2004

5 Meeting held on April, IITH REPORT OF THE ENVIRONMENT AND TRANSPORTATION COMMITTEE PRESENT: Councillor R. Caranci (Chair), Controller G. D. Hume, Councillors S. E. Eagle, F. W. Tranquilli and P. Van Meerbergen, and Tina Squire (Secretary). ALSO PRESENT: Controller R. Monteith, Councillors J. Baechler, J. Bryant and H. Usher (all part-time), K.Bain, P.W. Stebliln, L. Ducharme, J. Ford, D. A. Leckie, J. Lucas, M. Smibert and J. Stanford. I YOUR COMMITTEE RECOMMENDS: Transportation 1. That the Environment and Transportation Committee (ETC) Master Plan and Shift Alternatives provided an Open Session presentation with respect to the Transportation Program - the Master Plan and Shift Alternatives Program - the TDM Framework for the Draft TDM Transportation Strategy. for the Draft Transportation Strategy Taxica b/limousine 2. That the Environment and Transportation Committee (ETC) Working Group heard a verbal update from B.M.A. Management Consulting Inc. with respect to the Taxicab/Limousine Working Group s Composition and Mandate; it being noted that B.M.A. Consulting Management Inc. BE REQUESTED to provide the following to the next meeting of ETC to be held on April 26, 2004: (a) (b) (c) recommendations in consultation with the City Clerk with respect to the members of the Taxicab/Limousine Advisory Committee; Terms of Reference for the Taxicab/Limousine Advisory Committee; a revised time-line of the Taxicab/Limousine Advisory Committee duties; and it being noted that ETC recommended that the Taxicab/Limousine Working Group title BE CHANGED to the TaxicablLimousine Advisory Committee; it being further noted that the TaxicablLimousine Advisory Committee will be a non-voting Committee. The meeting adjourned at 3:45 p.m.

6 IITH REPORT OF THE Special meeting held on April 19, PRESENT: Councillor J. L. Baechler (Chair), Controllers W. R. Monteith and W. J. Polhill, Councillors J. P. Bryant, C. Miller and H. L. Usher and L. J. Fisher (Secretary). ALSO PRESENT: R. Panzer, P. W. Steblin, D. Ailles, L. Burgess, T. Copeland, T. Grawey, M. Henderson, B. Krichker, J. Lawrence, J. Page and D. Stanlake. I YOUR COMMITTEE RECOMMENDS: Special Provisions - Walloy Excavating Company Limited - Hyde Park Woods Phase II Subdivision 1. (1) That, on the recommendation of the Acting General Manager of Planning and Development, on the advice of the General Manager of Environmental & Engineering Services & City Engineer, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and Walloy Excavating Company Limited for the subdivision of lands located on the north side of Gainsborough Road West of Aldersbrook Road and legally described as Part of Lot 23, Concession 4, (Geographic Township of London), now in the City of London: (a) (b) (c) the attached Special Provisions to be contained in a Subdivision Agreement between The Corporation of the City of London and Walloy Excavating Company Limited for the Hyde Park Woods - Phase II Subdivision (39T ) BE APPROVED; the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement and all documents required to fulfill its conditions; and the applicant BE ADVISED that the General Manager of Environmental & Engineering Services & City Engineer has estimated the following Revenues and Claims: Estimated Revenue Estimated Claims Urban Works Reserve $1,320,568 - Fund Claim (excluding SWM) - $3,973,000 SWM (including land) - $3,150,000 Development & LDCSB Charges Reserve Funds $2,127,398 NIL TOTAL $3,447,966 $7,123,000 Note: (1) (2) ESTIMATED REVENUES FROM DEVELOPMENT, LONDON DISTRICT CATHOLIC SCHOOL BOARD (LDCSB), AND URBAN WORKS CHARGES ARE BASED ON CURRENT RATES IN ACCORDANCE WITH BY-LAWS C.P AND THIS INFORMATION IS REPORTED IN ACCORDANCE WITH THE DEVELOPMENT CHARGES AND URBAN WORKS FUNDS BY-LAWS (IE. C.P & ), AND ANY AMENDMENTS THERETO. ANY CLAIM PAYMENT FROM THE URBAN WORKS RESERVE FUND WILL BE IN ACCORDANCE WITH BY-LAW NO. C.P AND AS APPROVED BY THE CITY ENGINEER. EFFECT ON CAPITAL WORKS BUDGET Estimated claims against the City s Capital Works Budget for the CWB share of the cost of constructing works on Gainsborough Road and Hyde Park Road outside this plan:

7 PC-2 Estimated year of construction 2004 Estimated years of impact on the CWB 2004 to 2006 Estimated total claim against the CWB (projected in 2004 costs) $ 2,874,000 LOCAL IMPROVEMENT PROJECT A water main will also be constructed under the Local Improvement Act on Gainsborough Road, between Hyde Park Road and Prince of Wales Gate in conjunction with the subdivider s construction on Gainsborough Road at an estimated cost of $80,000. That amount will be paid by the property owners benefiting from the new water main. Construction in the Hyde Park Community Pian Area 2. (2) That, on the recommendation of the Director, Administration and Development Services, Environmental and Engineering Services, the report responding to Council s request relating to construction activity in the Hyde Park Community Plan area BE RECEIVED for information and that no further action BE TAKEN with respect to imposing additional requirements on the developers; it being noted that the Planning Division will prepare a supplementary report for a future meeting of the Planning Committee to identify specific areas where violations of the Site Alteration By-law have taken place and actions that have been initiated in response thereto; it being further noted that Environmental and Engineering Services staff will provide an additional report outlining a formal protocol to be followed when public notice is to be given for the closing of streets during construction. Minutes of settlement 3. That, on the recommendation of the Acting General Manager of Planning and Development, the Ontario Municipal Board BE ADVISED that London City Council ratifies and recommends the April 16, 2004 Minutes of Settlement to the appeal of Martin Powless on behalf of the London District Chiefs Council, against Zoning By-law No of the City of London (OMB File No. R030123; Southside Pollution Control Plant). (See report attached). II YOUR COMMITTEE REPORTS: Construction 4. (3) That the Planning Committee received and noted an information Adjacent to the Sifton Bog report from the Director, Wastewater and Treatment, Environmental and Engineering Services with respect to the status of Sifton Bog s monitoring wells and piezometers as a result of disturbances at the construction sites immediately adjacent to Sifton Bog. The meeting adjourned at 4: 10 p.m.

8 1 of29 PART II - SPECIAL PROVISIONS 27. The subdivider hereby agrees to make all payments, carry out and perform all the works and satisfy all the provisions hereinafter set out in these Special Provisions. (a) (b) It is hereby understood on the part of the subdivider that the prevailing City By-law (currently Nos. C.P and C.P ) and its amendments and successors, requiring contributions towards the cost of boundary roads and outlet sewers, commonly referred to as development charges, will apply to all the lands within this plan. The amount and conditions related to these payments will be in accordance with the said By-law(s) and its amendments and successors at the time of issuance of building permits on the blocks in this plan. Prior to assumption by the City of this subdivision in whole or in part, and as a condition of such assumption, the subdivider will pay to the City Treasurer the following amounts as set out or as calculated by the City Engineer, or portions thereof as the City Engineer may from time to time determine: (i) (ii) for the removal of the temporary turning circle at the east end of Hawthorne Road within this plan and the completion of the affected portion of Hawthorne Road as fully serviced road including the regrading of the affected lots adjacent to the temporary turning circle, an estimated amount of $20,000; and for the removal of the temporary turning circle at the east end of Tanoak Drive within this plan and the completion of the affected portion of Tanoak Drive as fully serviced road including the regrading of the affected lots adjacent to the temporary turning circle, an estimated amount of $20,000. (c) The City hereby agrees that in the event that it is alleged that the subdivider is entitled to any reimbursement or payment from the Urban Works Reserve Fund (referred to herein as the Fund), either as a result of the terms hereof or pursuant to the requirements of the prevailing City By-law (currently Nos. C.P.-I and C.P ) and its amendments and successors, the subdivider may, upon confirmation of an initial inspection of the claimable works by the City Engineer and with no major deficiencies to those works as determined by the City Engineer, make application to the said Fund for payment of the sum alleged to be owing, and as confirmed by the City Engineer, and the payment will be made to the subdivider pursuant to the said By-law(s) and any policy established by Council to govern the administration of the said Fund. It is further understood that no words or phrases used in this Agreement relating to the calculation of any credits due the subdivider or entitlements from the Fund or elsewhere shall be interpreted as an obligation or promise on the part of The Corporation of the City of London to pay from the said Fund except in conformity with the said By-laws(s) and policies governing the administration thereof as provided in this clause above, and further, no payment shall be made except from the Fund and only after appropriate application is made as herein set out: (i) (ii) for the construction of oversized sanitary sewers within this plan and outside this plan serving areas greater than 30 hectares, an amount estimated at $880,000; for the construction of oversized storm sewers within this plan and outside this plan serving areas greater than 20 hectares, including a portion of the storm sewer to be constructed on Gainsborough Road from the Stanton Drain easterly to Hyde Park Road, and on Hyde Park Road northerly to the SWM outlet sewer easement, that will accommodate both SWM outlet flows and local stomwater flows, an amount estimated at $2,310,000; it is noted that the estimated amount to be claimed for the said storm sewer on Gainsborough Road and Hyde Park Road is for the cost of constructing a portion of the sewer accommodating only the SWM outlet flows. (The portion of the sewer accommodating the local stormwater flows will be eligible to be claimed from the City s Capital Works Budget in accordance with condition 27.(h)(vi) herein based on the cost difference between the cost of a sewer needed only for the SWM outlet flows and the cost of the oversized sewer needed to accommodate both the SWM outlet flows and the local stormwater flows.); (iii) for the construction of the stormwater management (SWM) facility on Parts 1 and 2 Plan 33R (located approximately 410 metres west of the west limit of this plan) and related works including the SWM outlet sewer from the SWM facility to Hyde Park Road, and the cost of the land for the SWM facility, an amount estimated at $3,150,000;

9 2 of 29 for the construction of a left turn lanes and related works on Gainsborough Road at Coronation Drive in this plan, an amount estimated at $180,000; for the installation of traffic signals on Gainsborough Road at Coronation Drive in this plan, when warranted as determined by the City Engineer, an amount estimated at $1 48,000; for the construction of sidewalks and related works on the north side of Gainsboroug h Road from Hyde Park Road to the existing sidewalk approximately twenty (20) metres east of this plan, an amount estimated at $65,000; for the installation of street lighting and related works on Gainsborough Road from the existing street lighting approximately 250 metres east of this plan to approximately 290 metres west of this plan, an amount estimated at $197,000; for the construction of a left turn lanes and related works on Gainsborough Road at the future secondary collector road located approximately 290 metres west of the west limit of this plan, an amount estimated at $180,000; and for the construction of the widen pavement on Coronation Drive in this pian, north of Gainsborough Road, where the road pavement is widened greater than secondary collector road standards, an amount estimated at $1 3,000. It is noted that the above amounts are estimated amounts and will be adjusted in accordance with contract prices in the year in which the work is carried out when the final amounts are established. 1. The subdivider may proceed with the construction, and may claim against the Fund for the cost of the road and sewer works described in conditions 27.(c)(i), 27.(c)(ii), 27.(c)(iv), 27.(c)(v), 27.(c)(vi), 27.(c)(vii), 27.(c)(viii) and 27.(c)(ix) above, estimated at $3,973,000 (excluding stormwater management related costs covered in condition 27.( c)( i i i)). The subdivider agrees (notwithstanding anything herein contained to the contrary) that should the actual total claim for the said road and sewer works exceed $1,000,000 then: (9 (ii) (iii) the payment to the subdivider from the Fund shall be made in two or more installments, but no installment shall exceed $1,000,000; if the total derived by adding the amount of any installment due to be paid to the aggregate of all preceding paid installments exceeds $1,000,000 the City may postpone payment from the Fund of the installment due to be paid until after the elapse of a twelve month period following the immediately preceding paid installment may be sufficient to make payment to the subdivider of the installment due to be paid); the time of receipt by the City of the subdivider s application for payment of the installment due to be paid mentioned in condition 27.(c)l.(ii) shall be deemed to be on the first anniversary date of the payment of the immediately preceding paid installment, in place of the earlier time when the application was actually received by the City. 2. The subdivider may proceed with the construction, and may claim against the Fund for the cost of the stormwater management (SWM) works and lands described in condition 27.(c)(iii) above, estimated at $3,150,000. The subdivider agrees (notwithstanding anything herein contained to the contrary) that should the actual total claim for the said SWM works and lands exceed $250,000 then: (i) (ii) the payment to the subdivider from the Funds shall be made in two or more installments, but no installment shall exceed $250,000; if the total derived by adding the amount of any installment due to be paid to the aggregate of all preceding paid installments exceeds $250,000, the City may postpone payment from the Fund of the installment due to be paid until after the elapse of a twelve month period from the payment date of the

10 3 of 29 immediately preceding paid installment (notwithstanding that the balance of the Fund at any relevant time in the twelve month period following the immediately preceding paid installment may be sufficient to make payment to the subdivider of the installment due to be paid); (iv) the time of receipt by the City of the subdivider s application for payment of the installment due to be paid mentioned in condition 27.(c)2.(ii) shall be deemed to be on the first anniversary date of the payment of the immediately preceding paid installment, in place of the earlier time when the application was actually received by the City. (d) In accordance with the Council Policy adopted on December 2,2002 regarding construction access for new subdivisions, prior to any construction, the subdivider agrees to erect barricades and any temporary turning circles as necessary, satisfactory to the City Engineer at the following locations: the east end of Hawthorne Road within this plan; and the east end of Tanoak Drive within this plan. The subdivider further agrees to install and maintain a temporary emergency access at the barricaded end of Hawthorne Street to restrict access only to emergency vehicles until such time as the barricades are removed as specified herein, all to the specifications of the City Engineer and at no cost to the City. The subdivider agrees to provide to the City, at the time this plan is registered, sufficient easements to City standards over the lots/blocks in this plan that are needed for the said temporary turning circles, all to the specifications of the City Engineer and at no cost to the City. At the time of assumption of the subdivision or as otherwise directed by the City Engineer, the subdivider agrees to remove the barricades and any temporary turning circles as necessary, and restore the road(s) and affected lots/blocks, all to the specifications of the City Engineer all at no cost to the City. Following the removal of the said temporary turning circles and associated restoration as specified herein, the City agrees to quit claim the easements no longer needed for temporary turning circle purposes as determined by the City Engineer. The subdivider further agrees to advise all purchasers of land within this subdivision that any traffic to and from this subdivision will not be permitted to pass the barricade(s) until the removal of the barricade(s) is authorized by the City Engineer. Traffic to and from this subdivision shall use either Coronation Drive at Gainsborough Road or a designated construction access at Gainsborough Road as approved by the City Engineer. The subdivider agrees to install and maintain appropriate construction access signage to the specifications of the City Engineer. The subdivider further agrees that said signage is to remain in place until such time as the signs are to be removed as directed by the City Engineer. (e) It is hereby recognized on the part of the subdivider that certain works are required to be constructed on Gainsborogh Road, Hyde Park Road, Tanoak Drive in Plan 33M-321, and Hawthorne Road in Plan 33M-321 in conjunction with development of this plan, generally consisting of the following: (i) (ii) (iii) (iv) The construction of a fully serviced road connection where Tanoak Drive in this plan joins with Tanoak Drive in Plan 33M-321, including all underground services and related works; The construction of a fully serviced road connection where Hawthorne Road in this plan joins with Hawthorne Road in Plan 33M-321, including all underground services and related works: The construction of a fully serviced road connection where Coronation Drive in this plan joins with Gainsborough Road, including all underground services and related works; The reconstruction of Gainsborough Road to increase the road width from a two lane cross-section to a three lane cross-section from approximately 1 60 metres east of Coronation Drive westerly to approximately 290 metres west of the west limit of this plan which will also incorporate left turn lanes on Gainsborough Road at Coronation Drive in this plan and also at the future secondary collector road located approximately 290 metres west of the west limit of this plan;

11 4 of 29 (VI (vi) (vii) (viii) (ix) 00 (xi) (xii) (xiii) (xiv) ow (xvi) (xvii) The resurfacing of Gainsborough Road from approximately 160 metres east of Coronation Drive easterly to approximately 20 metres east of the east limit of this plan; The installation of traffic signals at the intersection of Gainsborough Road and Coronation Drive in this plan, when warranted as determined by the City Engineer; The construction of sidewalks and related works along the north side of Gainsborough Road from the existing sidewalk approximately 20 metres east of the east limit of this plan to Hyde Park Road; The installation of street lighting and related works on Gainsborough Road from the existing street lighting, approximately 250 metres east of this plan, to approximately 290 metres west of the west limit of this plan; The construction of sanitary sewers on Gainsborough Road from approximately 290 metres west of the west limit of this plan westerly to the existing 900 mm diameter sanitary trunk sewer located approximately 220 metres west of Prince of Wales Gate, including private drain connections to all existing properties adjacent to this sewer; The construction of sanitary sewers on Hyde Park Road from approximately 15 metres south of Gainsborough Road to approximately 130 metres north of Gainsborough Road, including private drain connections to all existing properties adjacent to this sewer and to the future commercial block owned by the subdivider on the east side of this street at the north limit of the said sewer; The construction of a storm sewer on Gainsborough Road from the Stanton Drain easterly to Hyde Park Road and on Hyde Park Road from Gainsborough Road northerly to the SWM outlet sewer easement (approximately 100 metres north of Gainsborough Road), including private drain connections to all existing properties adjacent to this sewer; it is noted that this storm sewer is to be designed and constructed to accommodate both SWM outlet flows and local storm water flows; The construction of a storm sewer on Gainsborough Road from the Stanton Drain easterly to Hyde Park Road and on Hyde Park Road from Gainsborough Road northerly to the SWM outlet sewer easement (approximately I00 metres north of Gainsboroug h Road), including private drain connections to all existing properties adjacent to this sewer; it is noted that this storm sewer is to be designed and constructed to accommodate both SWM outlet flows and local storm water flows; The construction of a storm sewer on Hyde Park Road from Gainsborough Road southerly approximately 15 metres, including private drain connections to all existing properties adjacent to this sewer; The construction of a 250 mm diameter water main on Gainsborough Road from the existing 300 mm diameter water main immediately west of Hyde Park Road westerly to the existing 250 mm diameter water main at Prince of Wales Gate, including water services to all existing properties adjacent to this water main; it is noted that the watermain, water services and related works are to be constructed as a project under the Local Improvement Act (refer to condition 27.(t) herein); The construction of a new 600 mm diameter water main on Gainsborough Road from the existing 400mm diameter water main at Hyde Park Road easterly to the existing 400 mm diameter water main approximately 290 metres west of the west limit of this plan, including water services from the new water main to all existing properties adjacent to this water main, and the removal of the existing water main within the same limits; it is noted that the said existing water main and services along this section of Gainsborough Road is to remain in operation until the new water main is constructed and made operational; The installation of water services from the existing 250 mm diameter water main on Gainsborough Road between Prince of Wales Gate and to the former CN spur line (approximately 220 metres west of Prince of Wales Gate) to properties adjacent to the said main as requested by the owners of the said properties; it is noted that each of the said property owners will be responsible for all costs associated with the installation of their individual water services; and The reconstruction of Gainsborough Road from approximately 290 metres west of the west limit of this Dlan. westerlv. to the former CN sdur line (amroximatelv 220

12 5 of 29 metres west of Prince of Wales Gate) with a widened road pavement, curbs and gutters, sidewalks on both sides, boulevard improvements, street lighting, intersection improvements at Hyde Park Road, and related works all in conjunction with the storm sewer, sanitary sewer, and water main works required for the servicing of this plan of subdivision; it is noted that the reconstructed road is to generally consist of a four lane cross-section that will provide two through lanes, a continuous center left turning lane, and a right turning lane or parking lane, together with appropriate tapers at the east and west limits of this reconstruction, all as specified by the City Engineer. The subdivider hereby agrees to construct all the required works to the specifications of the City Engineer and in accordance with the plans accepted for construction of this subdivision. The subdivider further agrees to complete all work required on the said street(s) in accordance with current City standards, procedures and policies, and restore the road(s), and ensure that adequate precautions are taken to maintain vehicular and pedestrian traffic and existing water and sewer services at all times during construction, except as approved otherwise by the City Engineer. The subdivider shall provide full-time supervision by its professional engineer for all works to be constructed on Gainsborough Road, Hyde Park Road, Tanoak Drive in Plan 33M-321, and Hawthorne Road in Plan 33M-321 in accordance with current City policies. Upon completion of these works, a Certificate of Completion of Works is to be supplied to the City Engineer, pursuant to the General Provisions and Schedule G of this Agreement. The subdivider shall have approved by the City Engineer a schedule of construction of the proposed works on the above-noted street(s) and obtain a Permit for Approved Works from the City s Environmental Services Department prior to commencing any such construction. Refer to condition 27.(f) herein with respect to specific timing of construction on existing streets. The subdivider shall be eligible to make claims against the City s Urban Works Reserve Fund in accordance with the prevailing City By-law (currently Nos. C.P and C.P ) and its amendments and successors, for the UWRF share of the works specified in this clause, all as outlined in Clause 27(c) above and as approved by the City Engineer. The subdivider shall be eligible to make claims against the City s Capital Works Budget and the Local Improvement project for the reimbursement of the cost of constructing the eligible works and services specified in this clause, all as outlined in Clause 27.(h) and 27.(t) herein and as approved by the City Engineer. Prior to the construction of works on existing City streets, the subdivider agrees to have its professional engineer notify in writing all affected property owners of all works proposed to be constructed on existing City streets in conjunction with this subdivision in accordance with the City s policy on Guidelines for Notification to Public for Major Construction Projects. The subdivider agrees to install private sewer and water services to existing lots (homes/businesses) which are adjacent to all external works constructed by the subdivider in conjunction with this plan of subdivision, all to the direction and satisfaction of this City Engineer. Further to condition 27.(e) herein, the subdivider hereby acknowledges that the services to be constructed on Gainsborough Road and Hyde Park Road for this plan of subdivision, and the reconstruction of the said streets in the Hyde Park village area in conjunction with the subdivision servicing, are to be completed as expeditiously as possible to minimize the impact of this construction on the residents, land owners and business owners of the village area as well as the public and the City in general. To this effect, the subdivider shall have its professional engineer submit to the City Engineer, for review and acceptance, a schedule of works and a traffic control plan in relation to construction on the said streets, prior to the City issuing a Permit for Approved Works for the said construction. The subdivider further agrees to construct the works and services on the said streets in accordance with the accepted schedule and traffic control plan, all to the satisfaction of the City Engineer. (9) The subdivider hereby agrees that, to ensure the portions of Blocks 261, 262 and 263, inclusive, which have a common property line with Gainsborough Road, are graded along this common property line to blend with Gainsborough Road when it is reconstructed, it will: (i) Establish and have accepted by the City Engineer the grades to be taken as the future centerline grades of Gainsborough Road when it is reconstructed. From these it is to determine the elevations along the common property line which will blend with reconstructed road. These elevations are to be shown on the subdivision Lot Grading Plan submitted for acceptance by the City Engineer;

13 (ii) 6 of 29 Prior to requesting a building permit on Blocks 261, 262 and 263, inclusive, in this plan or prior to requesting the electrical utility company to install the buried electrical duct which will provide service for these lots, if it is to be placed close to the common property line with Gainsborough Road, the subdivider will: - grade the common property line between the said Blocks and Gainsborough Road in accordance with the accepted Lot Grading Plan; - have his professional engineer submit a written certificate to the City Engineer, stating that the common property line between the said Blocks and Gainsborough Road has been graded in accordance with the accepted Lot Grading Plan; (iii) Either register against the title of Blocks 261,262 and 263, inclusive, in this plan, or include in the agreement of sale for the conveyance or transfer of each of the said Lots and Blocks, a covenant by the purchaser or transferee (and by each successive owner after such purchaser or transferee until such covenant is fulfilled) stating that the owners will not change the grading along the common property line with Gainsborough Road and retain sufficient control over these said Blocks, such that if, prior to assumption of this subdivision, the owner of the lands changes the elevations along the said property line, that the subdivider will go onto these lands and restore them to the elevations shown on the accepted Lot Grading Plan, if required to do so by the City Engineer. The subdivider further agrees to grade the common property line between this plan and Gainsborough Road in accordance with the City Standard Subdivision Grading Along Arterial Roads and at no cost to the City. (h) The subdivider may submit a claim to the City for reimbursement of the Capital Works Budget share of works and services on Gainsborough Road and Hyde Park Road, upon completion of the said works, as follows: (i) (ii) (iii) (iv) (v) for the cost of constructing storm sewers and related works (excluding private drain connections) on Gainsborough Road, from Hyde Park Road to approximately the west limit of this plan, and on Hyde Park Road, south of Gainsborough Road, that is not eligible to be claimed from the Urban Works Reserve Fund or other funds, or that is not paid by others, an estimated amount of $500,000; for the cost of constructing sanitary sewers and related works (excluding private drain connections) on Hyde Park Road south of Gainsborough Road, that is not eligible to be claimed from the Urban Works Reserve Fund or other funds, or that is not paid by others, an estimated amount of $16,000; for the cost of constructing sanitary private drain connections and related works to the sanitary sewers to be constructed as required herein, that is not eligible to be claimed from the Urban Works Reserve Fund or other funds, or that is not paid by others, an estimated amount of $78,000; for the cost of constructing a 600 mm diameter watermain on Gainsborough Road from the existing 400mm diameter water main at Hyde Park Road easterly to the existing 400 mm diameter watermain approximately 290 metres west of the west limit of this plan, that is not eligible to be claimed from other funds, an estimated amount of $320,000; for the cost of construction road improvements on Gainsborough Road that is not eligible to be claimed from the Urban Works Reserve Fund or other funds, or that is not paid by others, an estimated amount of $1,600,000 that consist of the following works: (a) (b) reconstructing Gainsborough Road from approximately 290 metres west of the west limit of this plan, westerly, to the former CN spur line (approximately 220 metres west of Prince of Wales Gate) with a widened road pavement, curbs and gutters, sidewalks on both sides (excluding the sidewalks in the north boulevard east of hyde park that is eligible to be claimed from the UWRF), boulevard improvements, street lighting, intersection improvements at Hyde Park Road, appropriate tapers at the east limits of this reconstruction and west of Prince of Wales Gate, and related works as required herein; constructing road works on Gainsborough Road consisting of: widening the road pavement to a three lane cross-section from approximately 290 metres west of the west limit of this plan to the turn lane channelization at

14 7 of 29 Coronation Drive; and installing sidewalks and curbs and gutters on the south side from approximately 290 metres west of the west limit of this plan to approximately 180 metres west of the west limit of this plan; and (c) resurfacing the road pavement on Gainsborough Road from the east limit of the of the left turn lane channelization lane east of Coronation Drive to approximately 20 metres east of the east limit of this plan; (vi) for the cost of oversizing the storm sewer on Gainsborough Road from the Stanton Drain easterly to Hyde Park Road and on Hyde Park Road northerly to the SWM outlet sewer easement, an estimated amount of $360,000 ; it is noted that the amount eligible to be claimed from the City s Capital Works Budget is based on the cost difference between the cost of a sewer needed only for the SWM outlet flows and the cost of the oversized storm sewer needed to accommodate both the SWM outlet flows and the local storm sewer flows: The subdivider agrees that all eligible claims identified herein are only for the reimbursement of the cost of construction the said works, related engineering fees and taxes, and exclude any other costs incurred by the subdivider such as interest or carrying costs. The subdivider acknowledges that, notwithstanding submission of such a claim or the assumption of the works by the City, the City is under no obligation or promise under the terms of this agreement or otherwise to reimburse the subdivider. The subdivider further acknowledges that City Council may consider inclusion of an item for reimbursement of its share in the Capital Works Budget for the year immediately following completion of construction or as otherwise specified herein, but the inclusion of such item shall not be taken to be an acknowledgement by the City of any obligation or promise by the City to make such reimbursement. With that intention, the cost of construction of the works shall be at all times, notwithstanding the assumption of the works by the City, at the sole expense and risk of the subdivider. The subdivider agrees that reimbursement of the road related funds will be staged over a two year period following the year of construction and the reimbursement of the utility portion of those road related funds will made directly to the pertinent utility, all to the satisfaction of the City Engineer. The subdivider agrees that reimbursement of the storm sewer related funds in items 27.(h)(i) and 27.(h)(vi) above and including storm private drain connections will be staged over a three year period following the year of construction, all to the satisfaction of the City Engineer. (i) The subdivider agrees that the last paragraph of Clause 9. Initial Construction of Services and Building Permits in Part 1 - General Provisions hereof is to be deleted and replaced by the following: The subdivider agrees that if, during the building or constructing of all buildings or works and services within this subdivision, any deposits of organic materials or refuse are encountered, these deposits must be reported to the City EngineerlChief Building Official immediately, and if required by the City EngineerlChief Building Official, the ownerlcontractor will, at his expense, retain a professional engineer competent in the field of methane gas to investigate these deposits and to submit a full report on them to the City EngineerKhief Building Official. Should the report indicate the presence of methane gas then all of the recommendations of the engineer contained in any such report submitted to the City EngineerlChief Building Official shall be implemented and carried out under the supervision of the professional engineer, to the satisfaction of the City EngineerlChief Building Official and at the expense of the ownerlcontractor, before any construction progresses in such an instance. The report shall include provision for an ongoing methane gas monitoring program, if required, subject to the approval of the City Engineer for review for the duration of the approved program. If a permanent venting system or facility is recommended in the report, the subdivider further agrees to either register against the title of each affected Lot and Block or include in the agreement of sale for the conveyance or transfer of each of the affected Lots and Blocks, a covenant by the purchaser or transferee (and by each successive owner after such purchaser or transferee) stating that the owners of the subject Lots and Blocks must have the required system or facility designed, constructed and monitored to the specifications of the City Engineer, and that the owner must maintain the installed system or facilities in perpetuity at no cost to the City. The report shall also include measures to control the migration of any methane gas to abutting lands outside the plan. (j) The subdivider agrees to advise the City in writing at least two weeks prior to connecting, either directly or indirectly, into any unassumed services constructed by a third party, and to save the City harmless from any damages that may be caused as a result of the connection

15 of the services from this subdivision into any unassumed services. 8 of 29 Prior to any connection being made to an unassumed service, the following will apply: (i) (ii) (iii) The unassumed services must be completed and Conditionally Accepted by the City; The subdivider must have a video inspection completed on all affected unassumed sewers; All MOE Certificates of Approval associated with the subdivider s proposed servicing works and all applicable permits must be obtained. The subdivider further agrees to pay a proportional share of the operational, maintenance and/or monitoring costs of any affected unassumed sewers or SWM facilities (if applicable) to third parties that have constructed the services andlor facilities, to which the subdivider is connecting. The above-noted proportional share of the cost shall be based on contributing flows for sewers or on storage volume in the case of a SWM facility. The subdivider s payments to third parties, shall: (i) (ii) commence upon completion of the subdivider s service work connections to the existing unassumed services; and continue until the time of assumption of the affected services by the City. (k) With respect to any services andlor facilities constructed in conjunction with this plan, the subdivider agrees to permit the connection into and use of the subject services and/or facilities by outside owners whose lands are serviced by the said services and/or facilities, prior to the said services and/or facilities being assumed by the City. The connection into and use of the subject services by an outside owner will be conditional upon the outside owner satisfying any requirements set out by the City, and agreement by the outside owner to pay a proportional share of the operational, maintenance and/or monitoring costs of any affected unassumed services and/or facilities. (I) (m) (n) Prior to the issuance of any building permits in this plan, the subdivider hereby agrees to have its professional engineer certify to the City in the form as set out in Schedule J to this agreement, that the erosion and sediment control measures required under this agreement were installed prior to any construction commencing on the site, where applicable, or were installed immediately upon completion of construction of the works for which these control measures were designed, where applicable, all as recommended by the subdivider s professional engineer and as specified on the drawings accepted by the City Engineer for construction. Further, the subdivider s professional engineer s certification must confirm that the required erosion and sediment control measures were maintained and operating as intended, in accordance with the Guidelines on Erosion and Sediment Control for Urban Construction Sites (May 1987) during construction as required under this agreement. If construction within this plan is completed in phases, certification from the subdivider s professional engineer as specified in this clause above must be provided to the City to cover each individual construction phase. The subdivider hereby agrees to construct barricades, as required, at the limits of dead-end streets within this plan, to the specifications of the City Engineer. The barricades are to be installed at the same time as the placement of the granular B on the subject street. The subdivider agrees to erect signs on dead-end streets, where applicable, with a notification that the street is to be a through street in future. (0) The subdivider hereby agrees that the first paragraph of Clause 9. entitled INITIAL CONSTRUCTION OF SERVICES AND BUILDING PERMITS in PART 1 - GENERAL PROVISIONS hereof is to be amended by adding the following: Prior to the issuance of a Certificate of Conditional Approval, the subdivider shall have its professional engineer carry out the following to the satisfaction of the City Engineer and at no cost to the City in order to verify that no deficiencies exist in the storm and sanitary sewers constructed to serve this plan: (i) Provide a copy of the video inspection of all storm and sanitary sewer systems constructed to serve this plan in a format acceptable to the City Engineer. The video is to be checked in advance by the professional engineer to identify the deficiencies, with an explanation of how the deficiencies were corrected; and

16 9 of 29 (ii) Conduct deflection testing by pulling a suita le mandrel through the pipe not sooner than 30 days after the completion of all in accordance with Ontario Provincial Standard Specifications; and (iii) If pvc pipe is used in the construction of subdivider agrees to provide to the manufacturer as to the pipe used and design specifications. rs and/or watermains for this plan, the current certificate from the pvc pipe that the pipe meets the required pipe (p) The subdivider hereby acknowledges that existing 400 mm diameter watermain existing 300 mm diameter watermain 300 mm diameter watermain on subdivider hereby agrees to supply system to the system to service this plan is the Road at Coronation Drive, the of this plan, and subdivision when City Engineer i) ii) iii) iv) v) vi) vii) viii) identify external water confirm these works are in identify need for the construction identify the effect of development on conflicts; water system area plan(s); water network analysis / hydraulic phasing report; oversizing of watermain / cost infrastructure / identify potential report; (r) (s) The subdivider hereby acknowledges that this shown by the High Level Water Report prior to the issuance of building upgrading of the existing specifications of the City Engineer. The subdivider and the is within the high level water area, as Dillon Consultants. To this effect and agrees to complete any necessary plan, as required by and to the be issued by the City until the City water main system and the Hyde agrees to construct a new water water main at Hyde Park Road of this plan, including water main and services new water mains for the (u) (v) water services and agrees to reimburse services and related the said reimbursement is to be no greater than ten percent of the The subdivider agrees to obtain all servicing of Blocks Blocks, all to the The subdivider watermain on The City water main, water Act. The amount of an engineering fee that is

17 10 of 29 the lands abutting to the east of Block 263 (herein after referred to as the easement water main ) will not be required by the City subsequent to the watermains required herein being constructed and made operational as certified by the subdivider s professional engineer, all to the satisfaction of the City Engineer. To this effect, the subdivider hereby agrees to decommission the said easement watermain to the specifications of the City Engineer and at no cost to the City, including the removal of the portion of the easement water located within the road allowances for Tanoak Drive and Gainsborough Road, subsequent to the watermains required herein being constructed and made operational as certified by the subdivider s professional engineer. The City agrees to quit claim the existing easements over the said easement watermain subsequent to the easement watermain being decommissioned as required herein. (w) The subdivider acknowledges that this plan is located within the Oxford Pollution Control Plant sewerage shed. The subdivider further acknowledges that treatment capacity at the said Plant is available for this plan as at March 26, 2004 and will be reserved for this plan provided this plan and this agreement are registered within one (I) year of March 26,2004, i.e. before March 26, To this effect, the subdivider agrees that in the event that this plan and this agreement are not registered before March 26,2005 then the reserved treatment capacity in the said Plant may be forfeited as determined by the City Engineer and the subdivider must reapply to the City to have reserved sewage treatment capacity reassigned to this plan. The subdivider further agrees that the City will not issue building permits for this plan unless there is treatment capacity reserved at the Oxford Pollution Control Plant for this plan. (x) (y) (z) (aa) The subdivider acknowledges that the sanitary outlet to service this plan is the existing 900mm diameter sanitary sewer on the south side of Gainsborough Road located approximately 220 metres west of Prince of Wales Gate (referred to as the Hyde Park Trunk Sanitary Sewer). To this effect, the subdivider hereby agrees to construct the sanitary sewers in this plan to that outlet sewer, via easements through the lands to the west of this plan to Gainsborough Road, and on Gainsborough Road from approximately 290 metres west of the west limit of this plan westerly to the outlet, all to the specifications of the City Engineer. The subdivider further agrees to construct all sanitary sewers required in conjunction with this plan to be sized to accommodate all upstream lands to the specifications of the City Engineer and at no cost to the City unless otherwise specified herein. In addition to the above, the subdivider further agrees to construct sanitary sewers on Hyde Park Road from approximate 15 metres south of Gainsborough Road to approximately 130 metres north of Gainsborough Road, to the specifications of the City Engineer. The subdivider agrees that the City s share of the cost of constructing the said Hyde Park sewers will be based on the City s use of the sanitary sewer for the Hyde Park Water Pumping Station. The subdivider hereby acknowledges that this plan is located within the Stanton Drain Subwatershed. The subdivider further acknowledges that the storm outlet to service this plan is the existing Stanton Drain (located south of Gainsborough Road, approximately 290 metres west of Prince of Wales Gate) via the proposed Stormwater Management (SWM) Facility indicated as facility # 3 in the Hyde Park Community Storm Drainage and Stormwater Management Servicing Municipal Class Environmental Assessment (EA). To this effect, the subdivider hereby agrees to construct the storm sewers and stormwater management facilities required to service this plan to the storm outlet, all to the specifications of the City Engineer. The subdivider further agrees to construct all storm sewers required in conjunction with this plan to be sized to accommodate all upstream lands and lands within the storm sewer catchment area to the specifications of the City Engineer and at no cost to the City unless othetwise specified herein. The subdivider shall ensure that increased and accelerated storm water runoff from this subdivision shall not cause damage to downstream lands, properties or structures beyond the limits of this subdivision, and notwithstanding anything in this Agreement to the contrary, or any requirements of the City, or any approval given by the City Engineer, the indemnity provided by Clause 8. of Part I - General Provisions of this Agreement shall apply to any damage or claim for damages arising out of or alleged to have arisen out of such increased or accelerated stormwater runoff from this subdivision. The subdivider hereby agrees to have its professional engineer determine the need for an Environmental Assessment under the Class EA requirements for the provision of any works and/or services related to this plan. The subdivider further agrees that no construction involving installation of works and/or services requiring an Environmental Assessment is to commence prior to fulfilling the obligations and requirements of the Province of Ontario s

18 Environmental Assessment Act. 11 of29 The subdivider hereby agrees to promote the implementation of stormwater management (SWM) soft measure Best Management Practices (BMP s) within this plan, where possible, to the satisfaction of the City Engineer. The acceptance of these measures by the City will be subject to the presence of adequate geotechnical conditions within this plan and the approval of the City Engineer. The subdivider hereby agrees to enter into all required private agreements, financial and otherwise (and provide the City with documentary evidence) to ensure that adequate outlet capacity is provided in the storm sewer system and the Regional Permanent Stormwater Management (SWM) Facility to service the approved catchment area (in accordance with the approved SWM Master Plan), all to the satisfaction of the City Engineer and the City Solicitor. Sufficient precautions are to be taken, as outlined in the Guidelines on Erosion and Sediment Control for Urban Construction Sites (May 1987) prepared by the Ministry of Natural Resources, to prevent erosion resulting from development of this plan, all to the satisfaction of the City Engineer. The subdivider hereby agrees to construct temporary measures to control silt entering the storm drainage system to the specifications outlined in the Guidelines on Erosion and Sediment Control for Urban Construction Sites (May 1987) prepared by the Ministry of Natural Resources. These measures are to be approved by the City Engineer and installed prior to commencing any construction on this subdivision, and are to remain in place until construction as required under this agreement has been completed to the specifications of the City Engineer. The subdivider hereby agrees to have its professional engineer monitor the erosion and sediment control measures installed in accordance with the above-noted Guidelines and submit to the City Engineer monitoring reports with a log of dates when the facilities were inspected, the condition of the facilities at that time, and what remedial action, if any, was needed and taken. The monitoring reports are to be submitted to the City Engineer by April 1, July 1 and November I of each year until all works and services in this plan are assumed by the City. The subdivider hereby agrees that any affected services and facilities to be constructed in conjunction with this plan will be in compliance with the following: (i) The City s drainage and lot grading standards, stormwater management (SWM) targets and criteria for the Stanton Drain Subwatershed Study, SWM Pond Guidelines, and the approved Drainage and Lot Grading Plans for this plan; (ii) The Ministry of the Environment s SWM Practices Planning and Design Manual; (iii) The Upper Thames River Conservation Authority s Flood Plain Guidelines and Fill Regulations; (iv) (v) (vi) The Hyde Park Community Functional Stormwater Management Servicing MunicipalClass Environmental Assessment. The accepted Functional Design Report for the Hyde Park Community SWM Facility #3; All applicable Acts, Policies, Guidelines, standards and requirements of the applicable SWM agencies including the M.O.E., the U.T.R.C.A. and all to the satisfaction of the City Engineer. Prior to the issuance of full building permits for the lots and blocks in this plan or as otherwise approved by the City Engineer, the subdivider hereby agrees to have its professional engineer complete the following with respect to the stormwater management requirements for this plan: (i) Submit the design of the stormwater management facility to the City Engineer and the Ministry of Environment for review and approval. It is noted that the stormwater management plans and calculations for this design shall be required to comply with the stormwater management criteria and targets, which may include but not be limited to the quantitylquality control, erosion and stream morphology identified in the Stanton Drain Subwatershed Study adopted by City Council on September 18, 1995, and any amendments thereto. Further, the stormwater management facility shall comdv with the reauirements of the Interim Stormwater Qualitv Control Guidelines

19 12 of 29 for New Development (May 1991) prepared by the Ministry of Natural Resources and the Ministry of Environment; shall be consistent with the intent of the Stormwater Quality Best Management Practices (June 1991) and the Stormwater Management Practices Planning and Design Manual (June 1994) prepared by the Ministry of Environment; and shall comply with the City s Stormwater Management Pond Guidelines (June 1994) and its amendments. Maintenance accesses are to be provided to the specifications of the City Engineer. (ii) Submit a Monitoring and Operational Procedure for the maintenance and monitoring program for the stormwater management facility in accordance with the City s Monitoring and Operational Procedure for Stormwater Management Facilities guidelines to the City Engineer for review and approval. The program is to include, but not be limited to, the following: (a) (b) (c) a work program manual for the maintenance and monitoring of this facility; protocol of sediment sampling and recording of sediment accumulation volumes; and storage and discharge monitoring. (ah) Prior to the issuance of full building permits for lots and blocks in this plan or as otherwise approved by the City Engineer, the subdivider hereby agrees to construct ved external stormwater management facility (on Parts nd related works to serve this plan and make the said fac e with the approved design criteria; and have its professional engineer certify to the City Engineer that the said facility was constructed and shall operate in design criteria. It is noted that the SWM facility lands ) and all associated storm sewer easements are to be acquired by the subdivider and conveyed by the to the City prior to this plan being registered. The subdivider further agrees to grade the common property line between the said SWM facility lands and Hyde Park Road in accordance with the City Standard Subdivision Grading Along Arterial Roads, based on the ultimate profile of Hyde Park Road, all to the specifications of the City Engineer and at no cost to the City. (ai) Following the construction of the stormwater management facility and prior to the assumption of this plan by the City, the subdivider hereby agrees to complete the following to the satisfaction of the City Engineer at no cost to the City: (i) (ii) Operate, maintain and monitor the stormwater management facility in accordance with the approved maintenance and monitoring program; Have its professional engineer submit semi-annual monitoring reports to the City Engineer and the Ministry of Environment for review and approval in order to demonstrate that the stormwater management facility performs in accordance with the approved design criteria. The reports are to also provide test results of the volume and nature of the sediment accumulating in the facility in order to determine whether contamination is present and, if necessary, disposal options. The timing of submission of the monitoring reports is to be in accordance with the City s Monitoring and Operational Procedure for Stormwater Management Facilities guidelines. In accordance with those guidelines, the monitoring program shall commence when construction has been completed on 50% of the lots in this plan. To this effect, the subdivider agrees to have its consulting engineer monitor the extent of completion of houses on the lots in this plan, and advise the City and commence the monitoring program when the specified 50% buildout of lots has been reached; (iii) (iv) Remove and dispose of sediment in the stormwater management facility to an approved site as identified and required in the monitoring reports and to the specifications of the City Engineer and the Ministry of Environment; and Carry out all additional operating, maintenance, and monitoring requirements placed on the subdivider by the City Engineer as a result of the deficiency of the stormwater management facility and/or monitoring data which violate the design criteria approved by the Ministry of Environment and Energy and the City Engineer. (aj) The subdivider agrees that prior to assumption by the City of the stormwater management facility for maintenance purposes, the following matters are to be satisfied:

20 13 of 29 (i) All roads and services in this plan are to be constructed and at least seventy (70%) of the lots in this plan are to be built upon; and (ii) (iii) Subsequent to this facility being conditionally approved for use by the City, at least two (2) years of monitoring of the facility are to be conducted and associated reports received by the City Engineer; and The subdivider s professional engineer must demonstrate that the stormwater management facility is performing in accordance with the design parameters as approved by the City Engineer and the Ministry of Environment. It is agreed that the time of assumption for maintenance purposes of the stormwater management facility will not delay the assumption of the works and services within this plan. (ak) (al) (am) The subdivider agrees that all matters related to stormwater management requirements will be completed at the subdivider s sole expense, and at no cost to the City, except as specifically set out elsewhere in this agreement if any cost sharing with the City is applicable. The subdivider hereby agrees that development of this plan inclusive of all blocks, abide by the Municipal Council resolution dated August 7, 2002, to ensure that post development surface water flows into the Woodlot Area are equivalent to pre development conditions in accordance with the Water Balance included in the Hyde Park Community Functional Stormwater Management Report for Facility #3. The subdivider hereby recognizes that the existing temporary stormwater management n and covered by City easements (Parts services lands to the east and northeas this plan (ie. Plans 33M-321 and 33M-448). To this effect, the subdivider hereby agrees to the following: (i) the said temporary facility is to remain in service and is not to be disturbed until such time as the following have been completed: (a) storm sewers are constructed and made operational from the existing storm sewers on Hawthorne Street in Plan 33M-321 to the permanent SWM facility required herein; (b) the permanent SWM facility required herein is constructed and made operational; (c) the permanent SWM facility outlet sewers required herein from the permanent SWM facility to the Stanton Drain is constructed and made operational; and (d) the subdivider s professional engineer certifies to the City that the aforementioned storm sewers, permanent SWM facility, and SWM outlet sewers were constructed and operating in accordance with the accepted designs and the accepted design criteria; and (ii) (iii) subsequent to the aforementioned sewers and permanent SWM facility being constructed and made operational; and subsequent to the subdivider s professional engineer certifying to the City that the said sewers and permanent SWM facility were constructed and operating in accordance with the accepted designs and the accepted design criteria, the subdivider agrees to decommission the said temporary SWM facility, at no cost to the City, in accordance with the Ministry of the Environment s Site Decommissioning Guidelines under the Environmental Protection Act, all to the satisfaction of the City Engineer, within one (I) year of the permanent SW M facility being constructed and made operational; and the City will not quit claim the existing easements over the said temporary SWM facility until the aforementioned sewers and permanent SWM facility are constructed and made operational; the subdivider s professional engineer certifies to the City that the said sewers and permanent SWM facility were constructed and operating in accordance with the accepted designs and the accepted design criteria; the said temporary SWM facility is decommissioned as required herein; and the subdivider s professional engineer certifies that the said SWM facility is decommissioned as required herein, all to the satisfaction of the City Engineer. (an) Prior to the issuance of full building permits, the subdivider agrees to have it s professional engineer identify and submit to the City Engineer for acceptance the major and minor storm flow routes for the storm catchment area containing this plan in accordance with the accepted functional SWM report. The subdivider further agrees to construct the works, services and grading within in this plan and outside this plan, as required herein, in such a

21 14 of 29 way as to direct the major and minor storm flow routes to the permanent stormwater management (SWM) facility and SWM outlet, all to the satisfaction of the City Engineer. Prior to the, issuance of full building permits, the subdivider s professional engineer shall certify to the City that the major storm flow routes outside this plan have been graded and constructed to accommodate the major flows routes from within this plan to be directed to the permanent SWM facility outside this plan. (ao) The subdivider hereby agrees to make all necessary arrangements, financial and otherwise, with the affected property owner(s) for the construction of all portions of the outlet storm and sanitary sewers to be situated on private lands outside this plan as required herein and to provide satisfactory easements to be deeded to the City over the said sewers as necessary; and for the construction of the stormwater management (SWM) facility to be situated on private lands outside this plan as required herein and to acquire sufficient lands to be deeded to the City for the said SWM facility as necessary, all to the specifications of the City Engineer. The subdivider further agrees to provide the following, at the time this plan is registered, all to the satisfaction of the City Engineer and the City Solicitor: (i) (ii) (iii) (iv) A deed to the City for all required easements within this plan and outside this plan over the storm sewer(s), including sewers for the SWM outlet, as required herein; A deed to the City for all required easements within this plan and outside this plan over the sanitary sewer(s) as required herein; A deed to ity for the lands outside of this plan (ie Parts Plan 33R ) necessary for the said SMW Facility (Hyde P as required herein; and Documentary evidence of all required private agreements, financial and otherwise, assuring the storm sewer, storm outlet services and sanitary sewers, shall be constructed in accordance with the accepted design. I (ap) (as) (ar) The subdivider agrees to construct the watermain, and the storm and sanitary sub-trunk sewers external to this plan, including the extension of these sub-trunk sewers downstream to the appropriate outlets, and the construction of the Regional Stormwater Management (SWM) Facility #3, all to the specifications of the City Engineer. The subdivider further agrees that no full building permits will be issued for the lots and/or blocks in this plan until the sewers within and downstream of this plan, and the said SWM facility, are constructed and made operational, all to the satisfaction of the City Engineer. It is recognized that certain rear yard catchbasins and catchbasin leads in this plan are not covered by a sewer easement. It is further recognized that, in order to protect these catchbasins and catchbasin leads from damage or adverse effects during and after construction, minimum building setbacks from these works and associated underside of footing (U.S.F.) elevations have been established as indicated on the subdivision lot grading plan, attached hereto as Schedule I and on the servicing drawings accepted by the City Engineer. To this effect, the subdivider agrees to either register against the title of Lots 7,8, 34,35,39,40,223,224,230,231,241 and 242 in this plan and all other affected lots shown on the approved plans and drawings, or include in the agreement of sale for the conveyance or transfer of each of the said lots in this plan, a covenant by the purchaser or transferee (and by each successive owner after such purchaser or transferee) to observe and comply with the minimum building setbacks and associated underside of footing (U.S.F.) elevations indicated on the plans approved by the City Engineer by not constructing any structure within the setback areas, complying with underside of footing (U.S.F.) elevations and not disturbing the catchbasin and catchbasin lead located in the setback areas. It is recognized that the sewer easements over Lots 239 and 240 in this plan for the sanitary sewer within Lot 240 in this plan and for the storm sewer within Lot 239 in this plan are reduced from the City s standard easement requirements. It is further recognized that, in order to protect the said sewers from damage or adverse effects during and after construction, minimum building setbacks from these works and associated underside of footing (U.S.F.) elevations have been established as indicated on the subdivision lot grading plan, attached hereto as Schedule I and on the servicing drawings accepted by the City Engineer. To this effect, the subdivider agrees to either register against the title of Lots 239 and 240 in this plan and all other affected lots shown on the approved plans and drawings, or include in the agreement of sale for the conveyance or transfer of each of the said lots in this plan, a covenant by the purchaser or transferee (and by each successive owner after

22 15 of 29 such purchaser or transferee) to observe and comply with the easements, minimum building setbacks and associated underside of footing (U.S.F.) elevations indicated on the plans accepted by the City Engineer by not constructing any structure within the easements and setback areas; complying with underside of footing (U.S.F.) elevations; and not disturbing the storm and sanitary sewers located in the easements and setback areas. (as) The subdivider hereby acknowledges that the City will limit the number and location of Lots and Blocks in this plan to be issued building permits should the subdivider develop this plan in stages. To this effect and prior to the issuance of any building permits in this plan, the subdivider hereby agrees to submit to the City Engineer for approval, a schedule of constructing the proposed staged development including the streets and proposed lots to be constructed in each stage. The subdivider agrees to satisfy the following matters to the specifications of the City Engineer, prior to the issuance of any building permits for Lots and Blocks in each stage of development, as approved by the City Engineer and at no cost to the City: construct a minimum of two (2) access roads to at least a granular B road condition between the approved staged area and one or more existing City streets in order to provide primary and secondary emergency access routes to the Lots and Blocks in the approved staged areas. Should one or more of these access roads not be located on a road allowance in this plan, then the subdivider will be required to deed to the City an adequate right-of-way over each of the said access roads to the specifications of the City Engineer and at no cost to the City, prior to any building permits being issued in the approved staged area. The City agrees to quit claim each of the aforementioned rights-of-way after the City Engineer determines that they are no longer required for emergency access purposes; and submit flow design calculations prepared by its professional engineer of the proposed looped and unlooped watermain systems to service the approved staged area to the City s Water Engineering Division for review and approval; and construct the looped and unlooped watermain systems as approved by the City s Water Engineering Division to the extent where the watermains are operational and adequate fire flows are proven to be available to the satisfaction of the City s Water Engineering Division; and construct barricades at the limits of all dead-end streets in the approved staged area as required by the City Engineer. The barricades are to be installed at the same time as the placement of the granular B on affected streets; and erect signs on dead-end streets in the approved staged area, where applicable, with a notification that the street is to be a through street in future; and construct a temporary turning circle to City standards where a dead-end street in the approved staged area is greater than 45 metres (1 50 feet) long. restrict construction traffic to and from this subdivision to designated streets, and if necessary place barricades as required to restrict construction traffic, such that no construction traffic to and from this subdivision will utilize existing streets adjacent to this plan, except as approved othewise by the City Engineer; and (at) The subdivider agrees that Clause 8. INSURANCE AND INDEMNITY in PART 1 - GENERAL PROVISIONS hereof is to be deleted in its entirety and replaced by the following: The subdivider shall obtain and maintain and provide the City with evidence of third party general liability insurance covering the ownership of the property described in this agreement and construction, installation, repair or maintenance of all works and services required herein to be done. Such policy shall include non-owned automobile liability, personal injury, broad form property damage, contractual liability, owners and contractors protective, completed operations, contingent employers liability, cross liability and severability of interest clauses. Further, such insurance shall provide coverage for an amount not less than five million ($5,000,000.) dollars and shall include the City as an additional insured with respect to all the subdivider s responsibilities relating to this Agreement and shall provide that the above-mentioned policies will not be cancelled or permitted to lapse unless the insurer notifies the City in writing at least thirty (30) days prior to the date of cancellation or expiry. The subdivider shall ensure that on inception of this Agreement and thereafter at least once

23 16 of 29 annually for a period of three (3) years following completion of the work described herein, a certificate of insurance evidencing continuation of coverage described herein shall be sent to the City. Failure to procure and maintain said insurance shall constitute a default under this Agreement. The subdivider agrees that it shall indemnify and save harmless the City of and from all loss, costs, charges and expenses of every nature and kind whatsoever which the City may incur, be put to or have to pay, by reason of or on,account of the ownership, construction, use, existence, or maintenance of the property described herein or by the exercise of the subdivider s powers under this Agreement or by reason of the neglect of the subdivider or its employees, servants, agents, contractors, subcontractors or others the subdivider is responsible for at law in exercising its said powers, or by reason of the works and services whether or not the same shall be required to be done under the terms of this agreement and including (without limiting the generality of the foregoing) the alteration of any grade or existing level of construction, maintenance or repair of any street, or by reason of failure, neglect or omission of the subdivider to do anything herein agreed to be done or by reason of any act or commission or default or omission of the subdivider save and except for any claims, demands, actions and causes of action arising as a result of a negligent act or omission of the City or those for whom the City is in law responsible. (au) (av) Prior to the issuance of building permits, the subdivider hereby agrees to notify the City Engineer in writing of the professional engineer the subdivider has appointed to carry out the requirements stated herein. The subdivider further agrees to notify the City Engineer in writing of all changes to this appointment. The subdivider hereby agrees that, should any contamination or anything suspected as such, be encountered during construction, the subdivider shall report the matter to the City Engineer and the subdivider shall hire a geotechnical engineer to provide, in accordance with the Ministry of the Environment Guidelines for Use at Contaminated Sites in Ontario, Schedule A - Record of Site Condition, as amended, including Affidavit of Consultant which summarizes the site assessment and restoration activities carried out at a contaminated site. The City may require a copy of the report should there be City property adjacent to the contamination. Should the site be free of contamination, the geotechnical engineer shall provide certification to this effect to the City. (aw) The subdivider agrees to either register against the title of all lots and blocks in the subdivision which have a sidewalk in front of or abutting them, or include in the agreement of sale for the conveyance or transfer of each of the said lots and blocks, a covenant by the purchaser or transferee (and by each successive owner after such purchaser or transferee until such covenant is fulfilled) stating that the sidewalk construction in front of or abutting the lot or block is to be completed within thirty (30) days after occupancy of the lot or block, except in cases where occupancy occurs between November I and May 31 and the sidewalk construction cannot be completed within the specified time, in which case the required sidewalk construction shall be completed by the following June 1. The subdivider further agrees to have its professional engineer include confirmation on the Final Grading Certificate that the sidewalk fronting or abutting the subject lot is complete. (ax) (ay) (az) Further to subsection (9) of clause 4. STANDARD OF WORK OR PART I - GENERAL PROVISIONS hereof, the subdivider hereby agrees to plant boulevard trees in accordance with the City tree planting guidelines on the north side of Gainsborough Road along the entire frontage of this plan with Gainsborough Road, all to the specifications of the City Engineer and at no cost to the City. The subdivider hereby agrees that notwithstanding any of the provisions herein, the subdivider is subject to all by-laws of the City. The subdivider further agrees that in the event of a conflict between the provisions of this agreement and the provisions of any by-law of the City, the provisions of the by-law prevail. The subdivider hereby agrees that the City will assume each street in this subdivision when the following are completed to the satisfaction of the City Engineer: (i) (ii) (iii) All works and services required on the street to be assumed, including all storm and sanitary private drain connections and water services, must be constructed in accordance with the final approval servicing plans based on the final lot layout of lots and blocks in this plan; Either seven (7) years has elapsed from the date of registration of the subdivision agreement, or a minimum of seventy (70) percent of the building lots and blocks fronting the street to be assumed are built upon, whichever is earlier, or other arrangements are made with and approved by the City Engineer; and The works, services and roads requested for assumption connect to already

24 assumed works, services and roads. 17 of 29 (ba) (bc) The subdivider hereby agrees that once construction of private services, ie. storm and sanitary private drain connections and water services, to service the blocks and lots in this plan is completed and any subsequent relotting of the plan is undertaken, then all previously installed services must be reconstructed in standard location, in accordance with the approved final lot layout and approval revised servicing drawings, all to the specifications of the City Engineer and at no cost to the City. The subdivider hereby recognizes that some utilities, roadways, driveways, and/or building foundations on certain lots within this subdivision are to be supported on fill material rather than on undisturbed ground due to the substantial filling and regarding that is to be completed in this subdivision, and that the utilities, roadways, driveways and buildings to be constructed on fill material must be protected from settlement and other harmful effects. To this effect, the subdivider agrees to have a report prepared by its geotechnical engineer, prior to the construction of utilities and roads and prior to the issuance of any building permits in this plan, delineating all the affected areas, lots and blocks in this plan and making recommendations pertaining to the placement of controlled fill and the construction of utilities, roadways, driveways and buildings thereon to ensure the satisfactory construction of the utilities, roadways, driveways and buildings. The subdivider and its agents must adhere to the geotechnical engineer s recommendations under the full time supervision of a geotechnical engineer. The subdivider agrees to have its geotechnical engineer certify to the City upon completion of the removal and/or filling that the works were carried out in accord an ce with the g eotec h n ica I eng i nee r s recommendations. No building permits will be issued for lots in this plan until the affected lots have been identified. Further, no building permits will be issued on the affected lots until the specific requirements of the geotechnical engineer have been established for each lot that building permits are being requested in order to protect the proposed buildings on those lots from settlement and other harmful effects. The subdivider further agrees to either register against the title of each affected lot in this plan or include in the agreement of sale and in the conveyance or transfer of each affected lot, a covenant by the purchaser or transferee (and by each successive owner after such purchaser or transferee) stating that the owner and builder of the affected lot must adhere to the recommendations of the geotechnical engineer, and must have a geotechnical engineer certify to the City s Director of Building Control upon completion of the foundation on the affected lot that the building construction was completed in accordance with the g eotech n i ca I eng i nee r s recom menda t ions. (bd) (be) (bf) (bg) Prior to the registration of this plan, the subdivider agrees to have a report prepared by a qualified consultant, and if necessary a detailed hydrogeological investigation carried out by a qualified consultant, to determine the effects of the construction associated with this subdivision on the existing ground water elevations and domestic or farm wells in the area, to the satisfaction of the City Engineer. If necessary, the report is to also address any contamination impacts that may be anticipated or experienced as a result of the said construction. Any recommendations outlined in the report are to be reviewed and approved by the City Engineer, prior to any work on site. Should any remedial works be recommended in the report, the subdivider agrees to complete these works to the satisfaction of the City, at no cost to the City. Where street townhouses are planned for any sites in this subdivision, the subdivider hereby agrees to make provisions for the installation of separate sanitary private drain connections connecting to municipal sanitary sewers and water services connecting to municipal watermains for each individual street townhouse unit, and for adequate storm private drain connections connecting to municipal storm sewers for the townhouse site, all as specified by the City Engineer and in accordance with applicable City standards. Should a conflict occur between the location of a driveway and the location of a curb inlet catchbasin (CICB), then the subdivider hereby agrees to correct the conflict by either relocating the driveway, except when a parking plan governs, or replacing the CICB with a double catchbasin in the same location as the original CICB, all to the specifications of the City Engineer and at no cost to the City. The subdivider agrees to decommission and permanently cap any abandoned wells located in this plan, in accordance with current Provincial legislation, regulations and standards. It is the responsibility of the subdivider to determine if any abandoned wells exist in this plan. In the event that an existing well located in this plan is to be kept in service, the City accepts no responsibility for the well, and makes no assertion, implied or otherwise, about the quantity or quality of water available in the well. Further, the owner of the well accepts all

25 18 of 29 responsibility for protecting the well and the underlying aquifer from any development activity. The subdivider agrees that this agreement does not relieve the subdivider of any requirements to obtain all permits, certificates, or approvals, necessary to complete the work outlined in this agreement. Prior to the issuance of full building permits, the subdivider agrees to enter into a contract with the City to have the City undertake winter roadway maintenance of all unassumed roads in this plan. The winter maintenance will be undertaken at the subdivider's expense at standard yearly City rates, and will commence no later than two years following the issuance of the Certificate of Conditional Approval for the road(s). Further, the subdivider shall ensure that the subject road(s) has been constructed to a standard suitable for winter roadway maintenance by the City, including installation of base asphalt and curb & gutter, construction of any necessary turnarounds or road connections, installation of maintenance hole covers and valves flush with the base asphalt, catchbasins padded and street name signs installed, all to the specifications of the City Engineer and at no cost to the City. The subdivider acknowledges that, in any circumstances not covered by a City contract, winter roadway maintenance of unassumed roads required herein is the responsibility of the subdivider in accordance with the Part 1 - General Provisions herein. The subdivider further acknowledges that winter maintenance of unassumed sidewalks required herein is the responsibility of the subdivider, in accordance with the Part 1 - General Provisions herein and the Council Resolution dated October 21, The subdivider agrees that Clause 3. COMMENCEMENT AND COMPLETION in PART 1 - GENERAL PROVISIONS hereof is to be deleted in its entirety and replaced by the following: The final plan of subdivision, in the form and detail shown on Schedule "B", shall be lodged for registration with the Land Registrar by the subdivider within thirty (30) days of its approval by the Approval Authority and the subdivider shall thereafter wholly at its own expense construct, install and promptly pay for these works and services set out upon the lists, plans and specifications hereinafter set forth, and also those set forth in Schedule "C" hereto annexed..failure on the part of the subdivider to promptly pay for works and services required by this Agreement to be constructed and installed, shall be deemed to be in "Final Default" under this agreement. The subdivider shall commence the said construction and installation not later than the first anniversary of the date of approval of the final plan by the Minister and shall wholly complete the same not later than and have the subdivision assumed as outlined in Clause 10 within either seven (7) years from the date of registration of this agreement or once building pedmits have been issued for seventy (70) percent of the building lots and blocks in this subdivision, whichever shall be the earlier. Should the subdivider, having used all reasonable diligence and foresight, be prevented as a result of a work stoppage by his own employees, an Act of God or act of the Queen's enemies (and no other reason shall be an excuse unless othewise specifically herein provided) from commencing or completing work within the time specified, then the date for the commencement or the completion of the work, as the case may be, shall be extended for a length of time equal to the duration of the said cause of delay. The subdivider will not apply under the Land Titles Act for an amendment to the said plan without first obtaining, in writing, the approval of the Minister and the City thereto. The subdivider agrees that clause IO. COMPLETION, MAINTENANCE, ASSUMPTION AND GUARANTEE in PART 1. - GENERAL PROVISIONS hereof is to be amended by deleting paragraph 4 in its entirety and replacing paragraph 4 by the following: Prior to assumption of any works or services by the City, the subdivider hereby agrees to have its professional engineer certify to the City in the form as set out in Schedule "K" to this agreement, regarding each and every lot and block in the subdivision that is fully developed or still vacant, bearing the signature and seal of an Ontario Professional Engineer authorized by the Association of Professional Engineers of Ontario or who is employed by a partnership or corporation authorized by the Association to offer professional engineering services to the public, that the actual finished elevations and grading of each such lot and block generally conform to the accepted subdivision grading plan. Further, the subdivider's professional engineer's certification must identify all lots and blocks under construction at the time of assumption and that they will be final graded in general conformity to the accepted subdivision grading plan upon completion. In the event base asphalt has not been installed on any street in this plan where buildings are occupied, the subdivider shall provide garbage services for the occupants of those buildings at no expense to the City, in accordance with minimal City standards and legislative requirements, until such time as base asphalt is

26 installed and the City assumes responsibility for garbage collection. 19 of 29 The subdivider agrees that any easements to be transferred to the City in conjunction with this agreement shall conform to the wording attached as Schedules L and M to this agreement, or as specifically approved otheiwise by the City Engineer in writing. In lieu of submitting a traffic calming plan for this plan of subdivision, the subdivider hereby agrees to implement the traffic calming measures on the collector road network within this plan, as approved by the City s Transportation Division for the purpose of discouraging through traffic and controlling vehicle speeds, all to the specifications of the City Engineer and at no cost to the City. The subdivider further agrees to have the following traffic calming measures designed and constructed to the specifications of the City Engineer and at no cost to the City based on the traffic calming measures approved by the City s Transportation Division: (i) (ii) (iii) (iv) curb extensions along the east side of Coronation Drive in this plan ; curb extensions along the south side of Hawthorne Road in this plan; reduced curb radii (5.0 metres) on the inbound approach to all local roads intersecting the secondary collector road network; and a traffic calming circle at the intersection of Coronation Drive and Hawthorne Road. The subdivider hereby recognizes that the road widths on Coronation Drive and Hawthorne Road, all within this plan, are to be reduced to the specifications of the City Engineer with appropriate tapers and parking bays to accommodate the above-noted curb extensions on those streets. The subdivider further agrees to incorporate into the portions of the road network within this plan the approved measures at the time base asphalt is placed on the affected roads within this plan, or as otherwise required by the City Engineer. Prior to the issuance of building permits, the subdivider hereby agrees to erect advisory signs at all street entrances to this plan for the purpose of informing the public of the traffic calming measures implemented within this plan. The subdivider agrees to construct the south end of Coronation Drive in this plan, adjacent to Blocks 261 and 262 in this plan, with a landscaped centre:median, or other suitable gateway feature that is a consistent with the Hyde Park Community Plan Urban Design Guidelines and to the specifications of the City Engineer. The subdivider agrees to construct left turn channelizations on Gainsborough Road at Coronation Drive with sufficient storage and taper lengths to accommodate the traffic demand anticipated as a result of the full build out of the Hyde Park Community Plan area, all to the specifications of the City Engineer. The subdivider further agrees to co-ordinate with the subdivider on the south side of Gainsborough Road any construction on Gainsborough Road to the satisfaction of the City Engineer. In conjunction with the construction of outlet sewers and related works on Gainsborough Road west of this plan as required herein, the subdivider agrees to construct left turn channelizations on Gainsborough Road at the future secondary collector located approximately 290 metres west of the west limit of this plan with sufficient storage and taper lengths to accommodate the traffic demand anticipated as a result of the full build out of the Hyde Park Community Plan area, all to the specifications of the City Engineer. The subdivider agrees to install traffic signals to the specifications of the City Engineer at the intersection of Gainsborough Road and Coronation Drive when determined warranted by the City Engineer. The subdivider agrees to make minor boulevard improvements on Gainsborough Road adjacent to the plan, consisting of clean-up, grading and sodding as necessary, all to the specifications of the City Engineer and at no cost to the City. The subdivider agrees to construct Coronation Drive at Gainsborough Road in alignment with the proposed secondary collector road on the south side of Gainsborough Road as established by the Hyde Park Community Plan and to the specifications of the City Engineer. The subdivider agrees to advise purchasers that despite the best efforts of the London District Catholic School Board, there is no commitment by the Board to construct permanent educational facilities within the development area at this time.

27 20 of 29 Sufficient pupil accommodation will not be available for all anticipated Catholic students residing within the development area. The London District Catholic School Board reserves the right to accommodate Catholic students in temporary (holding) facilities and/or bus students to educational facilities outside of the development area, and further, such students may later be transferred to a neighbourhood school should one be constructed. The subdivider agrees to inform all purchasers of residential lots and blocks by including a condition in a purchase agreement stating that there are no plans for the construction of an educational facility by the Thames Valley District School Board to serve the area in the forseeable future. Educational facilities in the immediate vicinity are presently at capacity. The Board has designated the area a holding zone and students will be assigned to a holding school(s). That the 5% parkland dedication requirement for this phase of development shall be taken in future phases of the draft approved plan (Blocks 325 and 326 on revised plan 39T-00523, Draft Approved July 25, That prior to final approval, the owner shall prepare a tree preservation plan for the rear of Lots 107 to 11 4, 259 and 260 inclusive, to protect and maximize the retention of the existing tree canopy in Block 326 on revised plan 39T-00523, Draft Approved July 25, 2003). That prior to the issuance of building permits for all lots adjacent to park and open space areas being assumed by the City, including Lots 105 through 114 inclusive and Lots 245 through 260 inclusive, the owner shall erect a 1.5 metre chain link fence with no gates to the satisfaction of the General Manager of Planning and Development. That prior to the issuance of building permits on Lots 105 through 1 14 inclusive, the owner shall prepare and agree to deliver to homeowners, an educational package which explains the stewardship of natural areas, the value of existing tree cover, and the protection and utilization of the grading and drainage pattern on these lots. The educational package shall be prepared to the satisfaction of the General Manager of Planning and Development. That the owner agrees to implement the recommendations contained in the Vegetation Retention Study (BioLogic, May 2001) by conducting a sanitation cut of all diseased or hazard trees which shall be marked by a Registered Professional Forester; and, to prepare a landscape planting and restoration plan for the areas where trees are removed,,detailing the species, location and timing of plantings required to discourage invasive species migration and encroachments into Block 326 on revised plan 39T , Draft Approved July 25, This work shall be undertaken with prior approval from the Manager of Parks Planning and Design prior to the issuance of building permits for the affected lots and to the satisfaction of the General Manager of Planning and Development. That the owner agrees to obtain approval from the London Fire Department prior to the burning of any materials on site. That the owner agrees to comply with the requirements of the London Transit Commission with respect to the location and installation of transit stops. That, in accordance with the requirements and design guidelines in the Hyde Park Community Plan, the owner agrees that a noise attenuation wall will not be constructed between Blocks and Gainsborough Road. Prior to the submission of a site plan application for development on these blocks, the subdivider will have a qualified acoustical consultant prepare a noise study concerning the impact of traffic noise from Gainsboroug h Road and identify appropriate noise attenuation measures that do not include the construction of a noise attenuation wall. The noise study is to include recommendations for noise abatement in accordance with M.O.E. standards and approved by the City Engineer. That the owner agrees that all construction access for this subdivision is to be from Gainsborough Road. Appropriate construction access signage shall be installed by the subdivider and remain in place until such time as they are directed to be removed by the City Engineer. That prior to final approval, the owner shall submit a plan to the City which demonstrates that all lot grading will meet existing grades and protect a 5 metre vegetation retention

28 21 of29 zone adjacent to the open space block north of Lots 105 to 114 inclusive; and that tree protection fencing and sediment fencing will be installed along the outer edge of the tree retention zone and remain in place until all building on the lot is completed. All vegetation retention areas and fencing shall be identified on final lot grading plans and all work shall be undertaken by the owner to the satisfaction of the General Manager of Planning and Development. (cf) The prior to final approval, a report shall be prepared which confirms, to the satisfaction of the General Manager of Planning and Development, that the proposed final lot grading plan and drainage plan in this subdivision will not negatively affect the health of the woodlot north of Lots 105 to 1 I4 inclusive.

29 22 of 29 SCHEDULE C This is Schedule C to the Subdivision Agreement, dated between the Corporation of the City of London and Walloy Excavating Company Limited to which it is attached and forms a part. SPECIAL WORKS AND SERVICES Roadways - Coronation Drive and Hawthorne Road are to have a minimum road pavement width (excluding gutters) of 9.5 metres (31.2 ) with a minimum road allowance of 21.5 metres (70 ). - Coronation Road, from Gainsborough Road to approximately 15 metres north of Bayswater Crescent, is to have a minimum road pavement width (excluding gutters) of 13.3 metres with a minimum road allowance of 28.0 metres to accommodate a gateway treatment with a centre median. The widened road and road allowance for this section of Coronation Drive are to be tapered back over a distance of 30 metres to the standard secondary collector road pavement width (excluding gutters) of 9.5 metres and road allowance width of 21.5 metres. - Bayswater Crescent, Ennismore Crescent, and Tanoak Drive are to have a minimum road pavement width (excluding gutters) of 8.0 metres (26.2 ) with a minimum road allowance of 20.0 metres (66 ). - Seymour Crescent and Leacock Way are to have a minimum road pavement width (excluding gutters) of 7.0 metres (23 ) with a minimum road allowance of 19 metres (62 ). Sidewalks A 1.5 metre (5 foot) sidewalk shall be constructed on both sides of Coronation Road, Hawthorne Road, Tanoak Drive and Bayswater Crescent. A 1.5 metre (5 foot) sidewalk shall be constructed on one side of: (i) (ii) Ennismore Crescent (east and south boulevards); Seymour Crescent (outside boulevard) Pedestrian Walkways No pedestrian walkways are to be constructed in conjunction with this plan.

30 SCHEDULE "D" 23 of 29 This is Schedule "D" to the Subdivision Agreement dated between The Corporation of the City of London and Walloy Excavating Company to which it is attached and forms a part. LANDS TO BE CONVEYED TO THE CITY OF LONDON: 0.3 metre (one foot) reserves: Road Widening (Dedicated on face of plan): Walkways: 5% Parkland Dedication: School Blocks Blocks 265,266 and 267 Block 264 NIL to be taken in subsequent phase. NIL Lands to be conveyed to the City of London for Stormwater Management: Parts 1 and 2 of Plan 33R- (external to plan) It is noted that the final plan is to be revised to extend Blocks 265 and 266 along the daylighting triangles to the Coronation Drive road allowance.

31 24 of 29 SCHEDULE E This is Schedule E to the Subdivision Agreement, dated between the Corporation of the City of London and Walloy Excavating Company Limited to which it is attached and forms a part. The total value of security to be supplied to the City is as follows: CASH PORTION: $ 1,470,000 BOND PORTION: $ 3,945,160 TOTAL $ 5,415,160 (a) The following security is to be deposited with the City Treasurer at the time of signing this agreement: CASH PORTION $ 1,470,000 BOND PORTION $ NIL (b) The following security is to be deposited with the City Treasurer, before the issuance of any building permit respecting land within this Subdivision. CASH PORTION $ NIL BOND PORTION $ 3,945,160 The security to be supplied to the City in accordance with the policy adopted by the City Council on April 6, 1987, when it approved Clause 15 of the 1 lth Report of the Planning Committee, and its amendments. Please refer to Section 9. Initial Construction of Services and Building Permits of Part 1 - General Provisions, which may limit the issuance of a building permit until the security requirements have been satisfied. The above-noted security has been calculated in accordance with the Provincial legislation, namely the CONSTRUCTION LIEN ACT, R.S.O

32 25 of 29 SCHEDULE F This is Schedule F to the Subdivision Agreement, dated between the Corporation of the City of London and Walloy Excavating Company Limited to which it is attached and forms a part. Sewer Easements: Sewer easements are required to be deeded to the City over Lots 239 and 240 in this plan. Sewer easements are to be deeded to the City to the specifications of the City Engineer over lands external to this plan as follows: 1. from the west limit of Lots 239 and 240 in this plan to the stormwater management facility lands west of this plan to be used for storm sewers; 2. from the west limit of to the stormwater management facility lands west of this plan to Hyde Park Road to be used for the stormwater management outlet (storm) sewers; and 3. from the west limit of Lots 239 and 240 in this plan westerly and then southerly to Gainsborough Road to be used for sanitary sewers. Watermain Easements: No watermain easements are required to be deeded to the City in conjunction with this plan. Rights-of-way to Sewer and Watermain Easements: No rights-of-way to sewer and watermain easements are required to be deeded to the City in conjunction with this plan. Road Easements: Road easements are to be deeded to the City over Lots 102 and 103, and Block 263 in this plan for temporary turning circles.

33 26 of 29 SCHEDULE J This is Schedule J to the Subdivision Agreement, date between the Corporation of the City of London and Walloy Excavating Company Limited to which it is attached and forms a part. TO: The Corporation of the City of London Certificate of Compliance for Erosion and Sediment Control Measures For Good and Valuable Consideration now paid by The Corporation of the City of London, hereinafter called the City, the receipt and sufficiency of which I hereby acknowledge, I hereby certify that: (a) (b) the erosion and sediment control measures required under this agreement were installed prior to any construction commencing on the site where applicable, or were installed immediately upon completion of construction of the work for which these control measures were designed, where applicable; and the required erosion and sediment control measures were maintained and operating as intended in accordance with The Guidelines on Erosion and Sediment Control for Urban Construction Sites (May 1987) during construction as required under this agreement. Certified and delivered under my hand and professional seal at the City of London this - day of a, 20-.

34 27 of 29 SCHEDULE K This is Schedule K to the Subdivision Agreement, date between the Corporation of the City of London and Walloy Excavating Company Limited to which it is attached and forms a part. TO: The Corporation of the City of London Final Certificate of Lot and Block Grading All lots and blocks on Plan 33M-- shall be graded including fill or excavation for their full width and length to the grades, levels, and specifications as shown on the accepted subdivision grading plan. Fully developed Lots/Blocks - including the building, landscaping and paved driveway Pursuant to provision 4 STANDARD OF WORK in the General Provisions of the Subdivision Agreement I hereby certify the following lotslblocks are graded to conform generally to the elevations and grades shown on the accepted subdivision grading plan attached as a schedule to the subdivision agreement or filed with the City Engineer. Lots/Blocks: Vacant Lot/Block Pursuant to provision 10 COMPLETION, MAINTENANCE, ASSUMPTION AND GUARANTEE in the General Provisions of the Subdivision Agreement I hereby certify that the actual finished elevations and grading of each lot and block generally conform to the accepted subdivision grading plan. Lo ts/b loc ks : Under construction LotslBlocks I hereby acknowledge that the following lots/blocks are under construction, but will be final graded in general conformity with the grades and elevations shown on the accepted subdivision grading plan. Lots/Blocks: Certified and delivered under my hand and professional seal at the City of London this day of,20d

35 28 of 29 SCHEDULE 'L' This is Schedule 'L' to the Subdivision Agreement, date between the Corporation of the City of London and Walloy Excavating Company Limited to which it is attached and forms a part. TRANSFER OF EASEMENT, ROADWAYS ( He rein afte r ca I led the "Transferor" ) -and - THE CORPORATION OF THE CITY OF LONDON (Hereinafter called the "Transferee") WHEREAS the Transferor is seized of the lands and premises herein described, and has agreed to transfer to the Transferee an easement for temporary turning circle over the said lands; NOW THEREFORE WITNESSETH that in consideration of TWO DOLLARS ($2.00), of lawful money of Canada now paid by the Transferee to the Transferor (the receipt whereof is hereby by it acknowledged), the Transferor DOTH TRANSFER unto the Transferee, its successors and assigns, forever, the full, free and uninterrupted right, liberty, privilege and easement to construct, reconstruct, repair, clean, maintain, inspect and use as part of the public highway system of the City of London and as appurtenant thereto, and to the highways in the ownership of the Transferee, and for all times hereafter, a temporary turning circle, of such construction and size as the Transferee may from time to time determine necessary, in, through, over and under the lands situate in the City of London, County of Middlesex, described in the Transfer of Easement to which this Schedule is attached (hereinafter referred to as the "easement lands") for the purposes of a temporary turning circle and temporary passage. TOGETHER WITH the full right, liberty, privilege and easement unto the Transferee, its successors and assigns, and its and their servants, agents, work people, contractors and others designated by it and them, from time to time and at all times forever hereafter, to enter upon the easement lands, with or without tools, machinery, equipment and vehicles, for the purposes aforesaid. IT SHALL BE LAWFUL for the Transferee and its successors and assigns to exercise and enjoy the rights, liberties and privileges hereby transferred without being liable for any interference, loss of use or loss of profit which shall or may be caused thereby to the easement lands or to the owners and occupiers thereof from time to time, and the Transferee shall have the right to cut down or remove any brush, trees, shrubs, fences, pavements, ramps, curbs and other objects as may be necessary or convenient in the exercise of the rights and privileges hereby transferred and likewise to excavate and remove the soil and surfacings for the purposes aforesaid. THE TRANSFEROR COVENANTS that no building or other structure shall be erected on or over the easement lands without the written consent of the Engineer of the City of London. THE TRANSFEROR FURTHER COVENANTS that it has the right to transfer the rights, liberties, privileges and easements hereby transferred and will execute such further assurances as may be requisite to give full effect to th is transfer. THE TRANSFEREE COVENANTS AND AGREES THAT this easement is transferred in order to provide a temporary turning circle at the end of [street name] on Registered Plan [33M-1. After an approved road extension for the aforesaid street has been constructed to the specifications of the Engineer of the City of London, the Transferee will release and abandon this easement to the Transferor or its assigns. IT IS HEREBY AGREED that the covenants and agreements on the part of the Transferor shall run with the lands of the Transferor, and these shall enure to the benefit of and be binding upon the respective successors, heirs, executors, administrators and assigns of the parties hereto. WHERE THE context requires, the masculine shall be construed as feminine or neuter and the singular shall be construed as plural.