Common use of Maintenance, Closing and Use of External Roads Clause in Contracts

Maintenance, Closing and Use of External Roads. The Owner shall, at all times during the term of this Agreement, ensure that all public roads abutting the Subject Lands and all public roads used for access to the Subject Lands, during any construction on the Subject Lands, shall be maintained in a condition equal to that now existing and to the approval of the Municipal Engineer. If damaged, the Owner agrees to restore immediately, at its expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Municipal Engineer. No public road shall be closed without the prior written approval of the authority having jurisdiction over such public road. The Owner agrees not to use or occupy any untraveled portion of any public road allowance without the prior written approval of the authority having jurisdiction over such public road allowance. All trucks making delivery to, or taking materials from, the Subject Lands shall be covered or loaded so as not to scatter such materials on any public road. In the event that any mud, dust, refuse, rubbish and/or other litter of any type resulting from the development of the Subject Lands is found upon highways outside of the Subject Lands, the Owner shall clean up same to the satisfaction of the Municipality within 24 hours of the giving of notice to the Owner or its agent by the Municipality. If the Owner has not caused same to be cleaned up within 24 hours as aforesaid, it is agreed that the Municipality may, at its sole option, carry out the required clean-up work at the Owner's expense plus thirty per cent (30%) of the total cost thereof for inconvenience caused to the Municipality. All construction vehicles going to and from the Subject Lands shall use the access routes, if any, designated by the Municipal Engineer.

Maintenance, Closing and Use of External Roads. The Owner and Lessee shall, at all times during the term of this Agreement, ensure that all public roads abutting the Subject Lands and all public roads used for access to the Subject Lands, during any construction on the Subject Lands, shall be maintained in a condition equal to that now existing and to the approval of the Municipal Engineer. If damaged, the Owner agrees and Lessee agree to restore immediately, at its their expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Municipal Engineer. No public road shall be closed without the prior written approval of the authority having jurisdiction over such public road. The Owner agrees and Lessee agree not to use or occupy any untraveled untravelled portion of any public road allowance without the prior written approval of the authority having jurisdiction over such public road allowance. All trucks making delivery to, or taking materials from, the Subject Lands shall be covered or loaded so as not to scatter such materials on any public road. In the event that any mud, dust, refuse, rubbish and/or other litter of any type resulting from the development of the Subject Lands is found upon highways outside of the Subject Lands, the Owner and Lessee shall clean up same to the satisfaction of the Municipality within 24 hours of the giving of notice to the Owner and Lessee or its their agent by the Municipality. If the Owner has and/or Lessee have not caused same to be cleaned up within 24 hours as aforesaid, it is agreed that the Municipality may, at its sole option, carry out the required clean-up work at the Owner's and Lessee’s expense plus thirty per cent (30%) of the total cost thereof for inconvenience caused to the Municipality. All construction vehicles going to and from the Subject Lands shall use the access routes, if any, designated by the Municipal Engineer.

Maintenance, Closing and Use of External Roads. The Owner shall, at all times during the term of this Agreement, ensure that all public roads abutting the Subject Lands and all public roads used for access to the Subject Lands, during any construction on the Subject Lands, shall be maintained in a condition equal to that now existing and to the approval of the Municipal Engineer. If damaged, the Owner agrees to restore immediately, at its expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Municipal Engineer. No public road shall be closed without the prior written approval of the authority having jurisdiction over such public road. The Owner agrees not to use or occupy any untraveled untravelled portion of any public road allowance without the prior written approval of the authority having jurisdiction over such public road allowance. All trucks making delivery to, or taking materials from, the Subject Lands shall be covered or loaded so as not to scatter such materials on any public road. In the event that any mud, dust, refuse, rubbish and/or other litter of any type resulting from the development of the Subject Lands is found upon highways outside of the Subject Lands, the Owner shall clean up same to the satisfaction of the Municipality within 24 hours of the giving of notice to the Owner or its agent by the Municipality. If the Owner has not caused same to be cleaned up within 24 hours as aforesaid, it is agreed that the Municipality may, at its sole option, carry out the required clean-up work at the Owner's expense plus thirty per cent (30%) of the total cost thereof for inconvenience caused to the Municipality. All construction vehicles going to and from the Subject Lands shall use the access routes, if any, designated by the Municipal Engineer.

Maintenance, Closing and Use of External Roads. The Owner shall, at all times during the term of this Agreement, ensure that all public roads abutting the Subject Lands Land and all public roads used for access to the Subject LandsLand, during any construction on the Subject LandsLand, shall be maintained in a condition equal to that now existing and to the approval of the Municipal EngineerDirector. If damaged, the Owner agrees AGREES to restore immediately, at its his expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Municipal EngineerDirector. No The Owner AGREES that no public road shall be closed without the prior written approval of the authority having jurisdiction over such public road. The Owner agrees AGREES not to use or occupy any untraveled portion of any public road allowance without the prior written approval of the authority having jurisdiction over such public road allowance. All The Owner AGREES that all trucks making delivery to, or taking materials from, the Subject Lands Land shall be covered or loaded so as not to scatter such materials on any public road. In the event that any mud, dust, refuse, rubbish and/or other litter of any type resulting from the development of the Subject Lands Land is found upon highways outside of the Subject LandsLand, the Owner shall clean up same to the satisfaction of the Municipality Director within 24 twenty-four (24) hours of the Director giving of notice to the Owner or its agent by the Municipalityhis agent. If the Owner has not caused same to be cleaned up within 24 twenty-four (24) hours as aforesaid, it is agreed that the Municipality Director may, at its sole option, carry out the required clean-up work at the Owner's ’s expense plus thirty per cent percent (30%) of the total cost thereof for inconvenience caused to the MunicipalityCity. All The Owner AGREES that all construction vehicles going to and from the Subject Lands Land shall use the access routes, if any, designated by the Municipal EngineerDirector. SCHEDULE “D” SUMMARY OF ESTIMATED COSTS Insert signed and stamped Cost Estimate spreadsheet SUMMARY OF ESTIMATED COSTS (continued) In accordance with Section 9. - Financial Arrangements, the Owner shall pay the Engineering Fee for the post-draft-plan approval development of the subdivision in the amount of 4.5% of the estimated construction value of the Public Services created relative to the subdivision as set out above (exclusive of H.S.T.) As per the Sub-Total cost of all works prior to H.S.T., in accordance with By-law 2007-132, Consolidated By-Law 2016-209, as updated, the fee is $____________. The initial payment of $_ , which was comprised of 75% of the fee based on the estimated construction value of $_____________ per unit, was submitted on _____________________. Therefore the remainder fee owed is $______________ SCHEDULE “E” LOT GRADING PLAN The Lot Grading Plans are included in the plans listed in Schedule “A-1” and are on file with the City. SCHEDULE “F” CONDITIONS OF DRAFT PLAN APPROVAL The Corporation of the City of Kawartha Lakes granted draft plan approval on **** and such approval was subject to the following conditions: The specific conditions for the plan shall be inserted. SCHEDULE “G” SPECIAL WARNINGS AND NOTICES General The Owner shall ensure that the following Special Warnings and Notices are included in all Agreements of Purchase and Sale for the Lots and Blocks noted below and further that said Agreements shall require all subsequent Agreements of Purchase and Sale to contain same. The Owner undertakes to deliver forthwith to all prospective purchasers who have executed Agreements of Purchase and Sale notices in substantially the same form as below and further to use his best efforts to obtain acknowledgements executed by the said prospective purchasers on or before sale or transfer of any Lot to the purchaser. All Agreements of Purchase and Sale shall include information which satisfies Subsection 59(4) of the Development Charges Act (1997). In addition, prospective purchasers of Lots are also hereby warned as follows: Warning – Stormwater Management Facilities The Purchaser/Grantee acknowledges that he or she is aware that the land within Block ___ of Plan 57M-______ shall be used for stormwater management. In particular, Block ____ contains stormwater management facilities which at times may retain a level of water that may be extremely dangerous to unattended children or to other persons not adequately supervised. Ice formed within a stormwater management pond is extremely unstable and extremely dangerous. Recreational use and activities (i.e. skating, swimming, fishing, walking, etc.) are prohibited.

Maintenance, Closing and Use of External Roads. The Owner shall, at all times during the term of this Agreement, ensure that all public roads abutting the Subject Lands Land and all public roads used for access to the Subject LandsLand, during any construction on the Subject LandsLand, shall be maintained in a condition equal to that now existing and to the approval of the Municipal EngineerDirector. If damaged, the Owner agrees AGREES to restore immediately, at its his expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Municipal EngineerDirector. No The Owner AGREES that no public road shall be closed without the prior written approval of the authority having jurisdiction over such public road. The Owner agrees AGREES not to use or occupy any untraveled portion of any public road allowance without the prior written approval of the authority having jurisdiction over such public road allowance. All The Owner AGREES that all trucks making delivery to, or taking materials from, the Subject Lands Land shall be covered or loaded so as not to scatter such materials on any public road. In the event that any mud, dust, refuse, rubbish and/or other litter of any type resulting from the development of the Subject Lands Land is found upon highways outside of the Subject LandsLand, the Owner shall clean up same to the satisfaction of the Municipality Director within 24 twenty-four (24) hours of the Director giving of notice to the Owner or its agent by the Municipalityhis agent. If the Owner has not caused same to be cleaned up within 24 twenty-four (24) hours as aforesaid, it is agreed that the Municipality Director may, at its sole option, carry out the required clean-up work at the Owner's ’s expense plus thirty per cent percent (30%) of the total cost thereof for inconvenience caused to the MunicipalityCity. All The Owner AGREES that all construction vehicles going to and from the Subject Lands Land shall use the access routes, if any, designated by the Municipal Engineer.Director. SCHEDULE “D” SUMMARY OF ESTIMATED COSTS Morningside Subdivision Phase 2 Schedule 'D' Subdivision Agreement - Overall 1 Site Preparation, Removals and Erosion Control Unit Price ($) Quantity Total Cost ($) Light Duty Silt Fencing (219.110) Catchbasin Sediment Protection Mud Mat Earth Excavation (Cut to Fill) Earth Excavation (Fill, Place & Compact Topsoil) Earth Excavation (Excess Topsoil Removed) Temporary Culverts Remove Existing 300mm Storm Sewer Cutoff Swale Temporary Sediment Trap Temporary Sediment Trap Fencing Decommissioning Temporary Sediment Trap Maintenance of Erosion & Sediment Controls Insurance and Bonding Mobilization/Demobilization As-Builts / Layout Removals (incl. Clearing and Grubbing) Rock Check Dams (219.211) Traffic Control Existing Signage and Gaurd Rail Removal Concrete Road Barrier Subtotal: Site Preparation, Removals and Erosion Control 450.00 Storm m $20.00 1926 $38,520.00 ea $100.00 39 $3,900.00 ea $2,500.00 2 $5,000.00 m³ $8.00 9410 $75,280.00 m³ $8.00 16400 $131,200.00 m³ $15.00 2000 $30,000.00 m $200.00 3 $600.00 m $50.00 17 $850.00 m $5.00 1160 $5,800.00 ea $3,000.00 4 $12,000.00 ea $500.00 4 $2,000.00 ea $2,000.00 4 $8,000.00 LS $10,000.00 1 $10,000.00 LS $15,000.00 1 $15,000.00 LS $30,000.00 1 $30,000.00 LS $10,000.00 1 $10,000.00 LS $5,000.00 1 $5,000.00 ea $350.00 8 $2,800.00 LS $7,500.00 1 $7,500.00 LS $2,500.00 1 $2,500.00 ea $500.00 3 $1,500.00 $397, 2 250mm ø Perforated P.V.C. (including 50mm clearstone and geotextile) 250mm ø P.V.C. 300mm ø P.V.C. 375mm ø P.V.C. 450mm ø Conc. 525mm ø Conc. 600mm ø Conc. Pipe Insulation (50mm) Oil Grit Separator (Including cleanout price) 1200mm ø Manhole c/w Frame and Grate (OPSD:701.010) 600mmx600mm Ditch Inlet Catch Basin 600mmx600mm Catch Basin c/w Frame & Grate (OPSD:705.010/400.020) 1500mm Double Catch Basin c/w Frame & Grate (OPSD:705.010/400.020) 150mm ø Long Storm Service 150mm ø Short Storm Service Clean, Flush and Video Inspection of Storm Sewers Connection to Existing Storm Sewer Core and Connect New invert into MH5 (450mm) Subtotal: Storm Sanitary m $425.00 92 $39,100.00 m $185.00 122 $22,570.00 m $185.00 422 $78,070.00 m $225.00 272 $61,200.00 m $265.00 315 $83,475.00 m $300.00 114 $34,200.00 m $475.00 142 $67,450.00 m $20.00 526 $10,520.00 ea $60,000.00 2 $120,000.00 ea $6,400.00 23 $147,200.00 ea $2,700.00 6 $16,200.00 ea $2,700.00 24 $64,800.00 ea $10,700.00 2 $21,400.00 ea $2,100.00 64 $134,400.00 ea $1,700.00 33 $56,100.00 m $8.50 1387 $11,789.50 ea $2,500.00 4 $10,000.00 ea $500.00 1 $500.00 $978,974.50 3 20621–16T-155501 Morningside P. 2 Subdivision Agreement Page 47 of 71 200mm ø P.V.C. 404.020 m $195.00 1090 $212,550.00 1200mm ø Manhole (701.010) ea $6,300.00 19 $119,700.00 100mm ø Short Sanitary Service ea $1,500.00 60 $90,000.00 100mm ø Long Sanitary Service ea $1,400.00 37 $51,800.00 Clean, Flush and Video Inspection of Sewer m $8.50 1090 $9,265.00 Connection to Existing Pipe ea $1,900.00 4 $7,600.00 Subtotal: Sanitary $490,915.00 4 Watermain and Appurtenances 300 mm watermain m $ 225.00 148 $ 33,300.00 150 mm watermain m $170.00 1005 $170,850.00 50 mm watermain m $140.00 84 $11,760.00 300 mm Gate Valve ea $1,800.00 3 $5,400.00 150 mm Gate Valve ea $1,400.00 17 $23,800.00 50 mm Gate Valve ea $520.00 2 $1,040.00 Hydrant Set, Valve and Tee ea $6,800.00 7 $47,600.00 Re-Locate Existing Fire Hydrant (c/w Valve and Tee) ea $3,500.00 1 $3,500.00 19 mm Short Water Service ea $1,000.00 58 $58,000.00 19 mm ø Long Water Service ea $1,300.00 38 $49,400.00 Water, Disinfection and Pressure Testing ea $8,800.00 1 $8,800.00 19mm Curbstop with rod & box ea $350.00 96 $33,600.00 19mm Yard Hydrant c/w Curbstop ea $1,000.00 1 $1,000.00 Connection to Existing Pipe ea $3,900.00 5 $19,500.00 Tracer Wire Continuity Testing m $2.00 1237 $2,474.00 Subtotal: Watermain and Appurtenances $470,024.00 5 Road - Base Works Temporary Street and Stop Signs LS $2,500.00 1 $2,500.00 Utility Road Crossing (CUP) ea $1,000.00 21 $21,000.00 Granular 'B' 300mm Depth m2 $11.50 9586 $110,239.00 Granular 'A' 150mm Depth m2 $9.00 10038 $90,342.00 Granular 'A' 150mm Depth - Driveways m2 $9.00 2558 $23,022.00 Granular 'B' 450mm Depth m2 $18.00 1628 $29,304.00 HL8 Asphalt Binder Course 50mm Depth m2 $12.00 8586 $103,032.00 HL8 Asphalt Binder Course 90mm Depth m2 $22.00 1452 $31,944.00 Storm 150 mm Dia Subdrain Road (OPSD216.021) m $25.00 2361 $59,025.00 Concrete Curb and Gutter (Stage 1 of 2 Stage Curb) m $60.00 2361 $141,660.00 Subtotal: Road - Base Works $612,068.00 0 Xxxx - Xxxxxxx Xxxxx XX0 Xxxxxxx Xxxxxxx course 40mm Depth m2 $13.50 10038 $135,513.00 HL3 Asphalt Driveway 50mm Depth m2 $25.00 2558 $63,950.00 1.5m wide Concrete Sidewalk m2 $90.00 1831 $164,790.00 3.0m wide Asphalt Walkway m2 $40.00 460 $18,400.00 Concrete Curb and Gutter (Stage 2 of 2) m $75.00 2361 $177,075.00 Hydroseed m² $1.25 9700 $12,125.00 Line Painting LS $2,500.00 1 $2,500.00 Street & Stop Signs LS $2,500.00 1 $2,500.00 Landscaping (As per Landscape Cost Estimate) incl. boulevard, pond planting, fencing, pond hydroseed LS $121,115.00 1 $121,115.00 Electrical Light Standards ea $4,433.00 35 $155,155.00 Adjust MH to Final Grade ea $500.00 42 $21,000.00 Adjust CB to Final Grade ea $500.00 24 $12,000.00 Adjust DCB to Final Grade ea $750.00 2 $1,500.00 Dropped Curb Driveway Entrances ea $20.00 98 $1,960.00 Tactile Warning Indicators ea $300.00 21 $6,300.00 Clean and Sweep Base Prior to Surface LS $6,000.00 1 $6,000.00 Rear Yard Flat Botom Swale (0.3m depth w Topsoil &Sod) m $15.00 208 $3,120.00 Side Yard V-shaped Swale (0.15m depth w Topsoil &Sod) m $10.00 60 $600.00 Clean, Flush and Video Inspection of Storm Sewers (Existing) m $8.50 838 $7,123.00 Clean, Flush and Video Inspection of Storm/Sanitary Sewer Prior to Assumption m $8.50 2477 $21,054.50 Subtotal: Road - Surface Works *Subtotal $4,393,605.44 $933,780.50 7 Lot Infiltration Trenches Infiltration Trench (Including clearstone, underdrain, geotextile surface & sod, excluding stm sewer and catch basins) m $325.00 122 $39,650.00 Subtotal: Lot Infiltration Trenches Subtotal (Items 1.0 - 7.0) $3,9 $39,650.0022,862.00 8 Engineering and Contingency 5% Contingency $196,143.10 7% Engineering $274,600.34 H.S.T - 13% $571,168.71 City Rebate - 11.24% $493,841.25 $4,470,932.90 Total Construction Costs $77,327.46 HST to be Paid *DAAP Fee: 3.7% of Subtotal - Pre H.S.T. $162,563.40 9 Security 20220621–16T-155501 Morningside P. 2 Subdivision Agreement Page 49 of 71 Xxxx Xxxxxxx, P.Eng Security inclusive of H.S.T. Total of Security $4,470,932.90 Name of Engineer Professional Engineer Title I certify these engineering costs to be the current estimatedcosts for the works proposed within the approved engineering drawings. 20220621–16T-155501 Morningside P. 2 Subdivision Agreement Page 50 of 00 Xxxxx Xxxxxx Future Road Extension - South Schedule 'D' Unit Price ($) Quantity Total Cost ($) 1 Site Preparation, Removals and Erosion Control Light Duty Silt Fencing (219.110) m $20.00 100 $2,000.00 Catchbasin Sediment Protection ea $100.00 4 $400.00 Removals (incl. Clearing and Grubbing) LS $500.00 1 $500.00 2 Road - Base Works Subtotal: Road - Base Works $21,160.00 0 Xxxx - Xxxxxxx Xxxxx Xxxxxxxx: Xxxx - Xxxxxxx Xxxxx $19,770.00 Subtotal (Items 1.0 - 3.0) $43,830.00 Subtotal: Site Preparation, Removals and Erosion Control $2,900.00 Temporary Street and Stop Signs LS $1,500.00 1 $1,500.00 Granular 'B' 300mm Depth m2 $11.50 400 $4,600.00 Granular 'A' 150mm Depth m2 $9.00 400 $3,600.00 HL8 Asphalt Binder Course 50mm Depth m2 $12.00 400 $4,800.00 Storm 150 mm Dia Subdrain Road (OPSD216.021) m $25.00 60 $1,500.00 Concrete Curb and Gutter (Stage 1 of 2 Stage Curb) m $60.00 86 $5,160.00 HL4 Asphalt Surface course 40mm Depth m2 $13.50 400 $5,400.00 1.5m wide Concrete Sidewalk m2 $90.00 64 $5,760.00 Concrete Curb and Gutter (Stage 2 of 2) m $75.00 86 $6,450.00 Topsoil & Sod m² $12.00 180 $2,160.00 4 Engineering and Contingency 5% Contingency $2,191.50 7% Engineering $3,068.10 *Subtotal H.S.T - 13% $6,381.65 City Rebate - 11.24% $5,517.67 HST to be Paid $863.98 Total Construction Costs $49,953.58 20220621–16T-155501 Morningside P. 2 Subdivision Agreement Page 51 of 71 *DAAP Fee: 3.7% of Subtotal - Pre H.S.T. $1,816.32 5 Security Security inclusive of H.S.T. Total of Security $49,953.58 I certify these engineering costs to be the current estimated costs for the works proposed within the approved engineering drawings. Xxxx Xxxxxxx, P.Eng Name of Engineer Professional Engineer Title June 3rd, 2022 SUMMARY OF ESTIMATED COSTS (continued) In accordance with Section 9. - Financial Arrangements, the Owner shall pay the Engineering Fee for the post-draft-plan approval development of the subdivision in the amount of 3.7% of the estimated construction value of the Public Services created relative to the subdivision as set out above (exclusive of H.S.T.) As per the Sub-Total cost of all works prior to H.S.T., in accordance with By-law 2007-132, the fee is $_4,393,605.44. The initial payment of $105,560.17, was submitted on March 30, 2021. Therefore the remainder fee owed is $57,003.23. SCHEDULE “E” LOT GRADING PLAN The Lot Grading Plans are included in the plans listed in Schedule “A-1” and are on file with the City. SCHEDULE “F” CONDITIONS OF DRAFT PLAN APPROVAL CONDITIONS OF DRAFT PLAN APPROVAL - 2074161 Ontario Limited GENERAL CONDITIONS

Maintenance, Closing and Use of External Roads. The Owner shall, at all times during the term of this Agreement, ensure that all public roads abutting the Subject Lands Land and all public roads used for access to the Subject LandsLand, during any construction on the Subject LandsLand, shall be maintained in a condition equal to that now existing and to the approval of the Municipal EngineerDirector. If damaged, the Owner agrees AGREES to restore immediately, at its his expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Municipal EngineerDirector. No The Owner AGREES that no public road shall be closed without the prior written approval of the authority having jurisdiction over such public road. The Owner agrees AGREES not to use or occupy any untraveled untravelled portion of any public road allowance without the prior written approval of the authority having jurisdiction over such public road allowance. All The Owner AGREES that all trucks making delivery to, or taking materials from, the Subject Lands Land shall be covered or loaded so as not to scatter such materials on any public road. In the event that any mud, dust, refuse, rubbish and/or other litter of any type resulting from the development of the Subject Lands Land is found upon highways outside of the Subject LandsLand, the Owner shall clean up same to the satisfaction of the Municipality Director within 24 twenty-four (24) hours of the Director giving of notice to the Owner or its agent by the Municipalityhis agent. If the Owner has not caused same to be cleaned up within 24 twenty-four (24) hours as aforesaid, it is agreed that the Municipality Director may, at its sole option, carry out the required clean-up work at the Owner's ’s expense plus thirty per cent percent (30%) of the total cost thereof for inconvenience caused to the MunicipalityCity. All The Owner AGREES that all construction vehicles going to and from the Subject Lands Land shall use the access routes, if any, designated by the Municipal Engineer.Director. SCHEDULE “D” SUMMARY OF ESTIMATED COSTS SUMMARY OF ESTIMATED COSTS (continued) In accordance with Section 9. - Financial Arrangements, the Owner shall pay the Engineering Fee for the post-draft-plan approval development of the subdivision in the amount of 3.5% of the estimated construction value of the Public Services created relative to the subdivision as set out above (exclusive of H.S.T.) As per the Sub-Total cost of all works prior to H.S.T., in accordance with By-law 2007-132. The fee is $55,451.30. The initial payment of $_42,920.98_, which was comprised of 75% of the fee based on the estimated construction value of $ per unit, was submitted on April 7, 2016. Therefore the remainder of the fee owed is $_12,530.32_ SCHEDULE “E” LOT GRADING PLAN The Lot Grading Plans are included in the plans listed in Schedule “A-1” and are on file with the City. SCHEDULE “F” CONDITIONS OF DRAFT PLAN APPROVAL The Corporation of the City of Kawartha Lakes granted draft plan approval on March 3, 2015 and such approval was subject to the following conditions: GENERAL CONDITIONS

Maintenance, Closing and Use of External Roads. The Owner shall, at all times during the term of this Agreement, ensure that all public roads abutting the Subject Lands Land and all public roads used for access to the Subject LandsLand, during any construction on the Subject LandsLand, shall be maintained in a condition equal to that now existing and to the approval of the Municipal EngineerDirector. If damaged, the Owner agrees AGREES to restore immediately, at its his expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Municipal EngineerDirector. No The Owner AGREES that no public road shall be closed without the prior written approval of the authority having jurisdiction over such public road. The Owner agrees AGREES not to use or occupy any untraveled portion of any public road allowance without the prior written approval of the authority having jurisdiction over such public road allowance. All The Owner AGREES that all trucks making delivery to, or taking materials from, the Subject Lands Land shall be covered or loaded so as not to scatter such materials on any public road. In the event that any mud, dust, refuse, rubbish and/or other litter of any type resulting from the development of the Subject Lands Land is found upon highways outside of the Subject LandsLand, the Owner shall clean up same to the satisfaction of the Municipality Director within 24 twenty-four (24) hours of the Director giving of notice to the Owner or its agent by the Municipalityhis agent. If the Owner has not caused same to be cleaned up within 24 twenty-four (24) hours as aforesaid, it is agreed that the Municipality Director may, at its sole option, carry out the required clean-up work at the Owner's ’s expense plus thirty per cent percent (30%) of the total cost thereof for inconvenience caused to the MunicipalityCity. All The Owner AGREES that all construction vehicles going to and from the Subject Lands Land shall use the access routes, if any, designated by the Municipal Engineer.Director. SCHEDULE “D” SUMMARY OF ESTIMATED COSTS Insert signed and stamped Cost Estimate spreadsheet SUMMARY OF ESTIMATED COSTS (continued) In accordance with Section 9. - Financial Arrangements, the Owner shall pay the Engineering Fee for the post-draft-plan approval development of the subdivision in the amount of 3.7% of the estimated construction value of the Public Services created relative to the subdivision as set out above (exclusive of H.S.T.) As per the Sub-Total cost of all works prior to H.S.T., in accordance with By-law 2007-132, the fee is $____________. The initial payment of $_____________, which was comprised of 75% of the fee based on the estimated construction value of $_____________ per unit, was submitted on ______________. Therefore the remainder fee owed is $______________ SCHEDULE “E” LOT GRADING PLAN The Lot Grading Plans are included in the plans listed in Schedule “A-1” and are on file with the City. SCHEDULE “F” CONDITIONS OF DRAFT PLAN APPROVAL The Corporation of the City of Kawartha Lakes granted draft plan approval on **** and such approval was subject to the following conditions: The specific conditions for the plan shall be inserted. SCHEDULE “G”