CASH PAYMENT REQUIRED

Total of (5) + (6) + (7) + (8) + (9) + (10) + (11) $49,133.96

Bayridge Crossing – Phase 2

Page 49 of 57 Schedule “G”

Draft Plan Conditions

Conditions of Draft Plan Approval Bay Ridge Crossing Plan of Subdivision

The conditions of final approval and registration of the Bay Ridge Crossing Plan of Subdivision by 984242 Ontario Limited, file no. 26T-15-03-02-02, Town of Fort Erie are as follows:

1. This approval applies to the Revised Bay Ridge Crossing Draft Plan of Subdivision, Part of Lot 23, Broken Front Concession 4 Lake Erie, formerly the Township of Bertie, now in the Town of Fort Erie, prepared by Allan J.

Heywood, Ontario Land Surveyor dated May 20, 2004 showing 46 lots, 1 block for stormwater management, and a Public Street ‘A’.

2. That the owner agrees in writing to satisfy all of the requirements, financial and otherwise, of the Town of Fort Erie concerning the provision of roads, daylight triangles, sidewalks, fire hydrants, streetlighting, the extension and installation of services and drainage including the upgrading of services and the restoration of existing roads damaged during the development of the Plan of Subdivision.

3. That pursuant to Section 51.1(3) of the Planning Act the owner shall pay to the Town of Fort Erie a cash park dedication equal to 5% of the value of the land to be subdivided.

4. That the owner deed Block 47 as shown on the Draft Plan to the Town for a Stormwater Management Facility free and clear of any mortgages, liens and encumberances.

5. That any and all easements that may be required for access utility and drainage purposes be granted to the appropriate authorities and utilities.

6. That the owner agrees in the subdivision agreement to construct a curb depression and poured concrete approach with pad in accordance with the specification provided by Canada Post in the vicinity of Lot 35.

7. That all roads within the subdivision be conveyed to the Town of Fort Erie as public highways.

8. That the subdivision agreement include a clause requiring that each agreement of purchase and sale state that “Roof downspouts shall discharge only to ground surface via splash pads to either side or rear yards, with no direct connection to the storm sewer or discharge directed to the driveway or roadway”.

9. That the subdivision agreement include a clause requiring that each agreement of purchase and sale state that “Public sidewalk installation will be in

Bayridge Crossing – Phase 2

Page 50 of 57 accordance with the terms of the subdivision agreement and as per the approved plans on file at Town Hall”.

10. That the subdivision agreement include a clause requiring that each agreement of purchase and sale state that “The owner (developer) shall be responsible for installing paved driveway aprons from curb to the property line or from the curb to the sidewalk.”

11. That the owner submit for review and approval by the Town a Geotechnical Study, prepared by a qualified engineer, that verifies the soil bearing capacity, recommends appropriate sewer pipe design, pipe bedding and backfill and roadway designs.

12. That the design of all Municipal and public utility services for the Subdivision be coordinated with adjacent development.

13. That the owner prepare a detailed Subdivision Grade Control Plan showing both existing and proposed grades and the means whereby major storm flows will be accommodated across the site be submitted to the Town of Fort Erie, Regional Municipality of Niagara Planning & Development Department, Regional Niagara Public Works Department and Niagara Peninsula Conservation Authority for review and approval.

14. That the lands within the subdivision be zoned in accordance with the Town of Fort Erie Zoning By-law to permit the proposed use.

15. That the owner shall co-ordinate the preparation of an Overall Utility Distribution Plan to the satisfaction of all affected authorities.

16. That the Subdivision if phased be to the satisfaction of the Town.

17. That the owner shall enter into any agreement as required by utility companies for installation of services including the provision of street lighting all in accordance with the standards of the Town of Fort Erie. All utilities servicing the subdivision shall be underground.

18. That the owner provide Canadian Niagara Power Company with a construction schedule and a complete set of drawings including the final Plan of Subdivision and servicing plans showing all grading and drainage, all storm and sanitary sewers, all water lines and all road, curb and sidewalk construction including road cross sections.

19. That the owner satisfy the Canadian Niagara Power Company with respect to the design and installation of electrical facilities and street lighting all at the owner’s expense.

20. That the streets be named to the satisfaction of the Town.

21. That the owner agrees to construct 1.5 metre sidewalks on one side of all internal streets within the subdivision and along the frontage of Thunder Bay Road and Ridge Road South to the satisfaction of the Town.

22. That the Town be provided with a surveyor's certificate showing lot frontages and net lot area for the final Plan of Subdivision.

23. That the owner acknowledge promptly to the Regional Planning Department that the draft approval of this subdivision does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned instead at the time of final approval of this subdivision for registration purposes.

Bayridge Crossing – Phase 2

Page 51 of 57 24. That immediately following notice of draft plan approval, the owner shall provide

the Regional Planning Department with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this subdivision shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration and a similar clause be inserted in the subdivision agreement between the owner and the Town of Fort Erie.

25. That the detailed design drawings for the watermain, sanitary sewer and storm sewer facilities to service this development be submitted to the Regional Public Works Department for review and approval.

26. That prior to final approval for registration of this plan, the owner shall obtain Ministry of the Environment Certificates of Approval to the satisfaction of the Regional Public Works Department for the necessary servicing (watermains, storm sewers, and sanitary sewers) for this development.

27. That prior to approval of the final plan or any on-site grading, the owner submit to the Town of Fort Erie and the Regional Planning and Development Department for review and approval two copies of a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a suitably qualified professional engineer in accordance with the Ministry of the Environment documents entitled "Stormwater Management Planning and Design Manual”, March 2003, and “Stormwater Quality Guidelines for New Development”, May 1991:

a) Detailed lot grading and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site;

b) Detailed sediment and erosion control plans.

Note: The Region will request the Niagara Peninsula Conservation Authority to review the stormwater management plan and other related plans on the Region’s behalf and to submit comments to the Regional Planning and Development Department regarding the approval of these plans and the subsequent clearance of related conditions by Regional Planning Staff.

28. That the subdivision agreement between the owner and the Town of Fort Erie contain provisions whereby the owner agrees to implement the approved stormwater management plan required in accordance with Condition 27 above.

29. That an archaeological assessment be conducted of the entire development site by a licensed archaeologist and adverse impacts to any significant archaeological resources found on the site be mitigated through preservation or resource removal and documentation. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Culture through the Regional Planning and Development Department confirming that all archaeological resource concerns have met licensing and resource conservation requirements. Note: A copy of the archaeological assessment report is to be submitted to the Regional Planning and Development Department for information.

30. That the draft plan may be amended without any further approval as a minor revision to the plan to convey to the abutting residents of the three lots to the east fronting on Prospect Point Road a portion of lot 1, lot 20 and lot 21 to a depth of approximately 50 feet from the mutual east property line. It is understood that all three residents must agree to the conveyance, a single conveyance to only one abutting property owner will not be permitted. It is also understood that the conveyance and this condition is not a mandatory

Bayridge Crossing – Phase 2

Page 52 of 57 requirement. If the conveyance is not accepted this shall not affect draft plan approval or registration of the plan.

31. That the Subdivision Agreement between the owner and the Town be registered by the Municipality against the lands to which it applies in accordance with the Planning Act.

32. That if final approval is not given to this plan within three (3) years of the approval date and no extensions have been granted, Draft Plan Approval shall lapse. If the owner wishes to request an extension of Draft Plan Approval, a written explanation with reasons why the extension is required together with the resolution from the Region must be received by the Town prior to the lapsing date.

Clearance of Conditions

Prior to granting approval of the final plan, the Town will require written confirmation from the following agencies that their respective conditions have been met satisfactorily:

♦ Regional Niagara Planning & Development Department for Conditions 13, 23, 24, 27, 28, and 29.

♦ Regional Niagara Public Works Department for Conditions 13, 25 and 26.

♦ Canadian Niagara Power Company for Conditions 18 and 19.

♦ Niagara Peninsula Conservation Authority for Condition 13.

1. THE LANDS REQUIRED TO BE REGISTERED UNDER THE LAND TITLES ACT:

a) Section 160(1) of the Land Titles Act which requires all new plans to be registered in the Land Titles system.

b) Section 160(2) allows certain exceptions.

2. WATER AND SEWER SYSTEMS

Inauguration or extension of a piped water supply, a sewage system or a storm drainage system is subject to the approval of the Ministry of Environment under Section 52 and 53 of the Ontario Water Resources Act, R.S.O. 1990.

3. CONVEYING

As the land mentioned above be conveyed to the Municipal Corporation may be more easily described in the conveyance by reference to a registered plan than by “metes and bounds” be it suggested that the description be so worded and be it further suggested the owner give to the Municipality an undertaking to deposit with the Clerk a properly executed copy of the conveyance concurrent with the registration of the plan.

4. In order to assist agencies listed above in clearing the conditions of final approval and registration of the plan, it may be useful to forward executed copies of the agreement between the owner and the Town to these agencies. In this instance this copy should be sent to:

Mr. Richard Berry

Canadian Niagara Power Company Limited 1130 Bertie Street, P.O. Box 1218

Fort Erie, Ontario L2A 5Y2 Phone: (905) 871-0330 Mr. David Farley

Bayridge Crossing – Phase 2

Page 53 of 57 Regional Niagara Planning & Development Department

2201 St. David’s Road, P.O. Box 1042 Thorold, Ontario L2V 4T7

Phone: 1-800-263-7215 Mr. William Stevens

Regional Niagara Public Works Department 2201 St. David’s Road, P.O. Box 1042 Thorold, Ontario L2V 4T7

Phone: 1-800-263-7215 5. REVIEW OF CONDITIONS

The applicants are advised that should any of the condition appear unjustified or their resolution appear to be too onerous they are invited to bring their concerns to Council’s attention. Council will consider a request to either revise or delete conditions.

6. SUBDIVISION AGREEMENT

Prior to registration, a copy of the executed subdivision agreement for the proposed development should be submitted to the Regional Planning Department and the Niagara Peninsula Conservation Authority for verification that the appropriate clauses pertaining to any of these conditions of approval have been included.

7. NOTE

The owner is advised that the appropriate Regional permits must be completed prior to any construction occurring within the regional right-of-way.

The owner is advised that Service Connection Permits must be obtained from the Town for connection to existing sewers and watermains

Bayridge Crossing – Phase 2

Page 54 of 57 Schedule “H”

Outstanding Claims, Liens or Encumbrances

A Charge/Mortgage registered against the title to the property in favour of Cataract Savings & Credit Union Limited, registered on July 4, 2006 as Instrument No.

SN126993 shall be postponed to this Agreement.

Bayridge Crossing – Phase 2

Page 55 of 57 Schedule “I”

Special Provisions

1. The Developer shall construct, at his sole cost, the Stormwater Management (SWM) facility shown as Block 29 on the draft Plan of Subdivision (59M-Plan) as a Primary Service in accordance with the plans filed with and approved by the Town.

2. Prior to registration of this Agreement by the Town, the Developer shall file with the Director of Community and Development Services, an Ontario Land Surveyor’s Certificate verifying all Lots as laid out on the proposed Plan of Subdivision meet or exceed the minimum Lot area and Lot frontage provisions of the Town Zoning By-Law.

3. The Developer acknowledges and agrees that all Offers to Purchase and Agreements of Purchase and Sale negotiated prior to registration of the Plan of Subdivision shall contain a clause clearly indicating that “sanitary sewer servicing allocations for this subdivision will not be assigned by the Region until the Plan of Subdivision is granted final approval for registration”.

4. The Developer shall carry out or cause to be carried out all stormwater management techniques and works including re-vegetating all disturbed areas and maintaining erosion and sediment control to the satisfaction of the Town of Fort Erie, the Regional Niagara Planning & Development Department, the Regional Niagara Public Works Department and the Niagara Peninsula Conservation Authority (NPCA) in accordance with the Ministry of Environment documents entitled “Stormwater Management Planning and Design Manual”, March 2003, and “Stormwater Quality Guidelines for New Development”, May 1991.

5. The Developer shall be responsible for testing, removal and disposal of sediments within all catchbasins and the Stormwater Management Facility (including the oil-grit separator) as per the MOE Regulations or guidelines prior to assumption of Primary Services and Secondary Services by the Town.

The Developer shall provide a Certificate of Analysis for the sediments prior to removal and disposal.

6. In accordance with the MOE Certificate of Approval for the subdivision, the Developer shall:

a) Ensure that the design minimum liquid retention volume is maintained at all times.

b) Inspect the Works at least once a year and, if necessary, clean and maintain the Works to prevent the excessive buildup of sediments, oil and/or vegetation.

c) Maintain a logbook to record the results of these inspections and any cleaning and maintenance operations undertaken, and shall keep the logbook for inspection by the Ministry. The logbook shall include the following:

i) the name of the Works; and

Bayridge Crossing – Phase 2

Page 56 of 57 ii) the date and results of each inspection, maintenance and

cleaning, including an estimate of the quantity of any materials removed.

7. The Developer shall retain for a minimum of five (5) years from the date of their creation, all records and information related to or resulting from the operation and maintenance activities required by the MOE Certificate of Approval.

8. The Developer shall construct and install, at his sole cost, all plantings, fencing and landscaping features within the SWM facility shown as Block 29 on the draft Plan of Subdivision in accordance with the approved plans to the satisfaction of the Town.

9. The Developer acknowledges and agrees to enter into an agreement with Canadian Niagara Power Inc. (CNPI) with respect to the design and installation of electrical facilities and street lighting and to provide CNPI with a construction schedule and a complete set of drawings including the final plan of subdivision and the servicing plans showing all grading and drainage, all storm and sanitary sewers, all water lines and all road, curb and sidewalk construction including road cross sections.

10. Phasing of the Subdivision as approved by the Town shall be subject to the following conditions:

(a) This agreement only applies to Phase 2 of the Bayridge Crossing Plan of Subdivision.

(b) All or any works included in Phase 3 shall not be constructed until all Engineering Drawings, Reports and other Phase 3 requirements are reviewed and approved by the Director of Infrastructure Services. A new Subdivision Agreement for Phase 3 has to be approved by Town Council and registered on title prior to any works being carried out in Phase 3.

(c) The Inhibiting Order for the Phase 2 lands will remain in place until all conveyances required are completed and the Director of Infrastructure Services issues the Completion Certificate for Primary Services for Phase 2 lands.

11. The Developer shall carry out all and any additional temporary works necessitated by the phasing of construction of the Subdivision as directed by the Town including the construction and maintenance of an emergency access, if required, to the satisfaction of the Director of Infrastructure Services.

12. The following warning clause regarding all the lots within the subdivision shall hereby be registered on title to the lands:

"All persons intending to acquire an interest in the real property by purchase or lease on this development are advised of the presence of a Stormwater Management Facility which will be subject to stormwater flows and periodic flooding due to seasonal rainfall and snowmelt. Portions of these lands may be impacted by fast flowing water, ponding, insect and animal habitat and odours associated with their designed use.”

13. The Developer acknowledges and agrees that all Offers to Purchase and Agreements of Purchase and Sale shall contain a clause clearly indicating that

“all building roof downspouts within this subdivision shall discharge only to ground surface via splash pads to either side or rear yards, with no direct connection to the storm sewer or discharge directed to the driveway or roadway”.

Bayridge Crossing – Phase 2

Page 57 of 57 14. The Developer acknowledges and agrees that all Offers to Purchase and

Agreements of Purchase and Sale shall contain a clause clearly indicating that

“the Developer shall be responsible for installing paved driveway aprons from the curb to the sidewalk and in the absence of a sidewalk, from the curb to the property line”.

15. The Developer acknowledges and agrees that all Offers to Purchase and Agreements of Purchase and Sale shall contain a clause clearly indicating that

“public sidewalk construction at the Developer’s expense shall be in accordance with the terms of the Subdivision Agreement and the approved plans on file at the Town Hall”.

16. The Developer shall make arrangements satisfactory to the Town of Fort Erie, Bell Canada, Enbridge Gas and other Public Utilities including Cable TV, for the provision of underground utility services, internal and external to this development.

17. All references to Lots and Blocks in this Agreement are to be the preliminary Plan of Subdivision (Plan 59M) prepared by Matthews, Cameron, Heywood – Kerry T. Howe Surveying Ltd., stamped received by Community & Development Services on January 19, 2007 or the latest revision thereof.