APPENDIX B

Suggested Draft Resolution for Consideration of Council

1. That final site plan, building elevation and landscape drawings be submitted to the satisfaction of the Commissioner of Development Services;

2. That the letter dated October 20, 2005 from Don Dussault of Imperial Oil Limited entitled, “Imperial Oil site at S/W corner of Hwy #48 and Major MacKenzie Drive, Markham, ON”, be received;

3. That the Owner enter into a site plan agreement with the Town containing, in addition to all standard and special provisions and requirements of the Town and public agencies, the following provisions:

a. provisions to ensure that the Owner maintains, at his expense, the section of the realigned Mount Joy Creek located within the subject property and further that in the event the watercourse is not maintained to the satisfaction of the Town, that the Town can enter onto the lands, clean the site, and charge back the costs associated with the clean up to the owner on his tax bill(s).

b. that the approved landscape plan for the Mount Joy Creek be secured in the site plan agreement.

c. provisions to secure the Owner’s financial and other obligations for the required upgrading of the Markham Road culvert to the satisfaction of MTO and the TRCA.

d. that the Owner and the gas bar operator covenant and agree that the gas bar will provide “full pump service” in addition to “self pump service” at this location, between the hours of 7:00 A.M. and 7:00 P.M. seven days per week, and to install signage to this effect, for a period of not less than two (2) years.

4. That prior to execution of the site plan agreement, the following items be submitted to the satisfaction of the Commissioner of Development Services;

a. a release from the Trustee of the Wismer Commons Developers’ Group (OPA No. 37) confirming that the Owner has contributed its proportionate share of the costs required by the Developer’s Group Agreement.

b. a maintenance easement to the Town over the portion of the reconfigured Mount Joy Creek to ensure that the watercourse is properly maintained by the property owner and water flow is not restricted, and to allow the Town the right of access to perform any necessary inspections and remedial works.

5. And that a site plan agreement be executed prior to final site plan approval;

6. And further that this site plan approval shall lapse after a period of three years commencing October 25, 2005 in the event a site plan agreement is not executed within that period.

File Location: AMANADA/SC 04 021259/DOCUMENT TAB/REVISED RESOLUTION.DOC