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 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.

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 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. 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 EngineerDirector. 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 $7,600.00 300 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 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 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 $4,393,605.44 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 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 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 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 Subtotal (Items 1.0 - 3.0) $43,830.00 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 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 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. Name of Engineer Title June 3rd, 2022 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. 1. This approval applies to the draft plan of subdivision 16T-15502 prepared by KLM Planning Partners Inc. Project No. P-2395, Drawing No. – 17:5, dated March 31, 2017, which shows a total of 71 single family lots, being Lots 1 to 56 inclusive, Lots 69 to 83 inclusive, 12 semi-detached lots, being Lots 57 to 68 inclusive, Blocks for 3 future single family lots, being Blocks 84 to 87 inclusive, Block 88 for a road widening and Block 89 for a 0.3 m. reserve. 2. All conditions shall be fulfilled and satisfied, and final approval shall be given or this draft plan approval shall lapse after three (3) years from the date the Notice of Decision is sent out with respect to this draft approval. 3. Prior to the signing of the final plan by the Director, a Subdivision Agreement shall be entered into and executed by the owner and the City to satisfy all financial, legal, and engineering matters, including the design, provision and installation of roads, services, sidewalks, on-street illumination, tree plantings, walkways, daylight triangles, road signs, traffic signals, stormwater management facilities and drainage works, and all recommendations contained in related technical reports approved by the City. 4. The Subdivision Agreement shall include the payment of all applicable development charges in accordance with applicable Development Charges By-law. 5. The owner agrees, in writing, to the registration of the Subdivision Agreement against the land to which it applies once the plan of subdivision has been registered. 6. The road allowance included in this draft plan shall be shown and dedicated as public highway. 7. The streets shall be named to the satisfaction of the City. 8. Civic addressing shall be assigned on the basis of lots being subdivided in the future, to the satisfaction of the City, and that the assignment of civic addresses be included in the Subdivision Agreement. 9. The owner and the City shall agree in the Subdivision Agreement that: a) No building permit will be issued for any individual lot or block until underground municipal services are installed and operational and the roadway is constructed to base asphalt condition. b) All lots and blocks will be developed in accordance with the approved engineering design for the subdivision. c) The building permit applicant for each such lot or block shall submit individual lot grading and drainage plans and receive approval from the City prior to the issuance of a building permit. 10. The owner shall agree in the Subdivision Agreement to submit to the City, prior to commencing the installation of services, a construction management plan to regulate the routing of construction traffic for all phases of the development through an access provided to the development from Lindsay Street to Logie Street. Measures to minimize construction debris on the roads as well as road cleaning at the owner’s expense will be included in the Subdivision Agreement. The Subdivision Agreement shall specify that the construction management plan will be in force until such time that underground municipal services are installed and operational, the roadway is constructed to base asphalt condition, and all “earthworks” identified in the Schedules to the Subdivision Agreement are completed. 11. The schedule to the Subdivision Agreement entitled “Special Warnings and Notices” shall incorporate a notice advising of the existence of the City’s Noise By-law and warning that construction activities within the subdivision may be subject to regulation and/or restrictions thereunder. 12. Prior to the signing of the final plan by the Director, the Planning Division shall confirm that any amendment to the Zoning By-law necessary to implement this plan has been approved and is in effect. 13. An Ontario Land Surveyor shall certify that the proposed lot frontages and areas appearing on the final plan conform to the requirements of the Town of Xxxxxxx Xxxxxx By-law. 14. The Owner shall comply with the City’s pre-servicing policy for any site clearing, grubbing, cutting or filling, tree removal, or pre-servicing activity proposed prior to entering into the Subdivision Agreement. 15. The Owner shall provide a construction management plan for any proposed pre-servicing. In addition, the Owner shall agree in the Subdivision Agreement to submit to the City a construction management plan. The construction management plan shall outline the schedule for the development, any construction traffic routing for all phases of the development and shall confirm the contacts for all construction activities. Details of the required street cleaning and clearing activities and all installation, operation and maintenance, and monitoring of sediment and erosion controls shall be confirmed in the construction management plan. Access for all construction will be provided via Xxxxxx Street.

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. 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_ 1. That this approval applies to the draft plan of subdivision 16T-12502 prepared by XxXxxxxxx Engineering Inc., dated March 10, 2014, which shows a total of 66 single family lots, being Lots 1 to 66 inclusive, Block 67 for open space, Blocks 68, 69 and 70 for 0.3 m.