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HomeMy WebLinkAbout74-70 AMEM:':D GY AMENDED L;'I ,BY-LAW 1I1.?~.Cf2.J..py-I.AW #..7~;.~: 1 10 e C E R T I FIE D COP Y I, Joseph M. McIlroy, of the Town of Newcastle, in the Region of Durham, Municipal Clerk, DO HEREBY CERTIFY that attached hereto is a true copy of By-Law Number 74-70 passed by the Council of the Corporation of the Town of Newcastle at its meeting held on the 23rd day of September 1974. I hereby certify that the Block "B" of Plan 702 referred to in By-Law No. 74-70 refers; to Block "B" of Plan 702 in the former Town of Bowmanville, now the Town of Newcastle. - WITNESS my hand and the seal of The Corporation. DATED this..$.~~..day Of.~.......A.D. 197$ SEAL ~--- Newcastle . . '. ~ . ..... ..... ~ ; THE CORPORATION OF THE TOWN OF NEWCASTLE By-Law Ne. 74-70 A by-law to authorise the entering Int. a Site Pl~n Agreement with G.R.W.Conatructien Limited and liillside lIeighta OElhawQ Limit~d. WHEREAS By-Law No. 73-20 was passed by the CQuncil of the Corporation of the Town of Bowmanville on the 26th day~fMarch, 1973, authorising the signing of a Subdivision Agreement with Wilswar Enterpri~~it~d, '" and; '.' ",. WHEREAS G.R.W. Construction Limited and Hillside. ::fIeights Osha\ofa Limited is purchasing Block 'B' of Plan 702 for the purpose of constructing a row house condominum project, and; ,. WHEREAS G.R. W. Construction Limited and Hillside Heights Oshawa L.imited are desirous of entering into a Site Plan Agreement with the Corporation regarding said construction; NOW THEREFOR the Council of the Corporati&n of the Town of Newcastle hereby enacts as follows: 1. That the Hayor and Clerk are h~reby authorised to execute on behalf of the Corporation of the Town of Newcastle and seal with the Corporate Seal a Site Plan Agreement between G.R.W. Construction Limited and Hillside Heights Oshawa Limited and the said Cerporation dated 23rd day of September , 197~. Read a first, second and third time and finally passed September, 1974. ll;~ this~ay of (Si ed)4 G. B. gn. 'Mayor Seal (Signed) J. M. McIlro Clerk I. ... ~ :/ , .. ..Aoc . .. " ;- . f "'f { \ 4 r.. I'" 'U' ~u No. land Registry Oi~ision of Newcastle (No. 10) I CERTIFY that this instrument is registered as of / 0 ~'i;!J A.M. JAN 31 1975 in the land Registry Office CJ./(~ Town of Newcastle f'"'' Ontario. REGISTRAR , . . ~ -~ 74-70 7~~ ~~ ~~ ~~~ ~&-1~~ ~ ~K "'?/ z:~~ 7(~ d~cV ~r (@d~ #d. ~ cn1v ~-~f~ ~7~~- ~ . THE CORPORATION OF THE TOWN OF NEWCASTLE By-Law Ne. 74-70 A by-law to autherise the entering into a Site Plan Agreement with G.R.W. C$nstructien Limited and Hillside Heights Oshawa Limited. WHEREAS By-Law No. 73-20 was passed by the C$uncil of the Corperation .f the Town .f Bowmanville on the 26th day of March, 1973, authorising the signing of a Subdivision Agreement with Wilswar Enterpri~,.e.s---Li1!1Jted, and; / WHEREAS G.R.W. C$nstruction Limited and Hillside Heights Oshawa Limited is purchasing Block 'B' of Plan 702 for the purpose of constructing a row house condominum project, and; WHEREAS G.R.W. Construction Limited and Hillside Heights Oshawa Limited are desirous of entering into a Site Plan Agreement with the Corporation regarding said construction; . NOW THEREFOR the Council of the C$rporation of the Town of Newcastle hereby enacts as fellows: 1. That the Mayor and Clerk are hereby authorised to,execute on behalf of the Corporation of the Town of Newcastle and seal with the Corporate Seal a Site Plan Agreement between G.R.W. Construction Limited and Hillside Heights Oshawa Limited and the said Corporation dated 23rd day of September , 1974. J.l~ ~Jl thiS~ay of Read a first, second and third time and finally passed September, 1974. (Si ed) G. B. gn Mayor Seal (Signed) J. M. McIlro Clerk . ~~. "~. z- .. ~ '.y; THIS AGREEMENT made this oJ~ , 1974. day of September E T WEE N : (/,--ziiV G.R.W. CONSTRUCTION LIMITED and HILLSIDE HEIGHTS {OSHAWA) LIMITED, both companies incorporated under the laws of the Province of Ontario hereinafter called the "Developer" OF THE FIRST PART, and ( THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "Town" OF THE SECOND PART, and THE BOWMANVILLE PUBLIC UTILITIES COMMISSION hereinafter called the "Commission" OF THE THIRD PART, WIL-SW ENTERPRISES LIMITED, a company orated under the laws of the Province of Ontario, having its Head Office at the City of Oshawa, in the 'Regional Municipality of Durham hereinafter called the "Mortgagee" OF THE FOURTH PART. WHEREAS>'the Developer is desirous of constructing a row-house project in accordance with the Site Plan attached hereto as Schedule "A"; AND WHEREAS the Developer has represented to the Town that the land described in Schedule "B" hereto attached will be owned by it prior to the application for building permit. AND WHEREAS the Developer may create a condominium out of the aforementioned row-house project; AND WHEREAS the Town agrees to the construction of the aforesaid project, including the creation of a condominium on same, provided certain conditions are agreed upon between the Town and the Developer and registered against the title; NOW THEREFORE IN CONSIDERATION OF THE MUTUAL AGREE- MENTS AND COVENANTS AND PROMISES HEREIN CONTAINED and other good and valuable consideration, the parties hereto agree as follows: 1. (a) The Developer agrees to deposit with the Town as Security for the performance of thi~ Agree~ent a ~~ff;r.;pnt ~um~ to be deposited at i:.h~ opt.ion of the: Da.v-alupe:r SECURITY AND PERFORMANCE .. ,. "'.',, -" -- ,,"' ~- . ~ ,4 .. t - 2 - by a cash deposit, letter of credit, other negotiable securities. or bond in the amount of 100% of the estimated cost of the services to be installed as shown in Schedule "0"; 1. (b) The Developer agrees that upon failure to com- plete a specific part of the services as re- quested by the Town and in the time requested, (i) the Town, by resolution of Council, may at any time authorize the use of all or part of the cash deposit, letter of credit, other negotiable securities, or bond as referred to sub-clause (1. (a)) hereof to pay the cost of any part of the services the Town may deem necessary, (ii) the servants or agents of the Town may enter upon the lands and perform such work as may be required to carry out the requested completion. (c) The Town agrees to reduce, from time to time, the amounts received as cash deposit, letter of credit, other negotiable securities, or bond as referred to in sub-clause (1. (a)) ;'::ch~r?()~I."bY":";ClIl-~'~.unt'equa,ltoJ.OO.%,of the' value of tne 'completed services, upon receipt of statutory declarations that accounts re- lative to the installation of the completed services have been paid. ,-~- -- .'.,. --.., ...~- The Town, agrees to release the full amount 'of the security upon the Town being satis- fied as to the completion of all work by the Developer. (d) The Developer agrees to furnish the Town at any time and from time to time on demand, with a Statutory Declaration by or on behalf of the Developer that the Developer has paid all accounts that have become due and payable in connection with the construction, install- ation and maintenance of the services. 2. The Developer agrees to complete or cause to be completed at its own expense and in a good and workmanlike manner, all the required services as hereinafter set forth to the satisfaction of the To~..ln and to complete, perform or make payment for such other matters as may be provided for herein. 3. The Developer agrees that it will employ a registered professional engineer to design and supervise the installation of all services on the lands in Schedule "B". 4. The Developer covenants and agrees that it will not permit any of the units to be occupied until all underground services have been installed and the internal roadways have received at least the base course of asphalt from the front of the units being occupied to the municipal roadway and that electrical power is available to the said units. The Developer agrees to deposit with the ~~nn the sum-of $ 500.0C fc~ c~ch dwelling unit upon issuance or C1 bui.lding SCOPE OF AGREEMENT PROFESSIONAL ENGINEER CONSTRUCTION AND OCCUPANCY I' . . - 3 - permit for the said unit, which sum shall be forfeited in the event that occupancy occurs prior to the instal- lation of services and completion of the roadways as aforesaid. The Town agrees to return the deposits forthwith for each dwelling unit to the Developer, at such time as the unit is ready for occupancy in accordance with this clause. 5. The Developer agrees that the Town shall have the right to enter onto the lands described in Schedule "A" from time to time for the purpose of inspecting the progress of construction and ensuring that construction is completed in accordance with this Agreement. It is further agreed that the ser- vants or agents of the Town shall in the event that an emergency situation arises, have the right to enter upon the lands and perform any temporary re- pair or service which might be necessary to rectify such emergency situation. The cost of this shall be borne by the Deve_lope};_a.ng,_t:l)~, Develope):' _f.ur,th~r.~ a9,J:'.e~s ,to save the--Town-::halaQle:flsJcr.om "any~c:o-s,Es ord,amages ,which may arise" from-making-such emergency arrangements. It is further agreed that if the Town does make an entry under this clause any work involved with res- pect to this project shall not be deemed to consti- tute acceptance of the work being repaired. The Developer agrees to pay all charges incurred by the Town in connection with engineering and inspection services within thirty (30) days of being rendered. 6. The Developer agrees to construct the project according to Schedule "A" attached hereto and all other plans, profiles and specifications as listed in Schedule "C", which the Developer agrees to submit for approval by the Town. Where practical Drawings shall conform to the Town's standard size 36" x 24" overall dimensions with 1/2" borders on all sides. The Developer agrees that no building permits shall be applied for or issued until all plans, profiles and specifications have been approved by the Town. INSPECTION AND ENTRY PLANS AND SPECIFICATION 7. The Developer agrees to construct a WATERWORKS complete waterworks system or systems, including booster pumps as required, hydrants and water service connections to service all the lands according to plans and specifications approved ~ by the Town and to maintain them. All watermain systems shall be constructed to an outlet on Lawrence Crescent according to standards approved by the Town and shall be of suffi- cient size, depth, and at locations within the limits of the site to service the entire development. ," - 4 - 8. The Developer agrees to construct SEWERS complete sanitary and storm sewer systems, includ- ing sanitary and storm connections and catchbasins and leads to service all the lands on the said site, according to plans and specifications approved by the Town, and to maintain them, including clearing any blockages. Such sewers shall be constructed to an outlet on the east side of the development according to the designs and specifications approved by the Town and shall be of suffi- cient size, depth and at locations within the limits of the site, to service the entire development. 9. The Developer agrees to carry out all grading works necessary in the opinion of the Town to provide for proper drainage of all lands included in the said site and adjacent lands which drain through the said development. It is understood and agreed that the said works shall be constr- '. :c:t1ct:ed1n: accordance "Li..th grading plans approved "..,'_.~~..:::.':.Dy..the "- ,-.." " c', .. , Town.. The Developer further agrees to forthwith rectify and alleviate any drainage problem upon written notice from the Town. ... ~'.' . _n._ .-.,-_.-, ,.c" '.'" ._.... ',..0- .~- ,". _..' - ." -. .-,-"".'- - -,.-... -..' --.-_.-..~-'-' ~ ,- . 10. 11. 12. 13. DRAINAGE The Developer agrees to rough grade to ROUGH GRADE the Town's specifications to the full width, all roadways as shown on said plan. The Developer further agrees to keep all parts of the site which may be so required clear and free of all materials and obstructions which might inter- fere with the installation of electric, telephone, gas or other utilities. The Developer agrees to construct all the roads and parking areas as shown on the said plan to the plans and specifications approved by the Town. The Developer agrees to construct curbs and gutter, on all the roads according to plans and specifications approved by the Town and to maintain them. If any curb depressions are not located corectly with respect to a drive- way, the Developer shall construct a curb depression in the correct location and replace the original curb or curb and gutter section according to the said specifications. The Developer agrees to construct sidewalks on all roads in the development in accordance with plans and specifications approved by the Town, and to maintain them. ROADS PAVED CURBS AND GUTTERS SIDEWALKS - 5 - t (a) The Developer agrees to provide and install electric distribution services for all buildings within the develop- ment, according to the provisions of a separate agreement to be entered into by the Developer and the Commission. The said separate agreement including revisions thereto as may be made from time to time shall be deemed for all purposes to form a part of this Agreement. 14. (b) The Developer agrees to provide and install all exterior lighting, including lighting of all streets and open spaces on the site according to plans and specifications approved by the Commi- ssion and the Town. (c) The Developer agrees that all electrical and telephone cables shall be installed underground. . 15. When deemed necessary by the Town, services shall be constructed and installed under the observation of Inspectors employed by or acting as agents of the Town and the Developer agrees to pay the accounts therefor within thirty (30) days of their being rendered. 16. The Developer hereby agrees to pay the cost of relocating any existing services made necessary by reason of the development of the lands as aforesaid within ten (10) days of the account for same being rendered by the Town. . 17. The Developer agrees to grant to the Commission.and the Town, free of charge, any easements required by the Town, pro- vided same do not conflict with the approved site plan hereto attached as Schedule "A". ELECTRICAL DISTRIBUTION AND EXTERIOR LIGHTING INSPECTION OF WORK RELOCATION OF EXISTING SERVICES EASEMENTS lB. The Developer agrees that the Town MAINTENANCE shall have the right, at the cost of the Developer, to enter on to the lands described in Schedule "A" for the checking, maintenqnce and upgrading of standpipes, firehoses, emergency lighting, fire p~~ps, a~arms, sprinklers, and 1 fire hydrants as need be. 19. The Developer agrees that Secondary access routes and walkways identified as emergency access routes are to be kept clear of any type of fencing or other obstacles. EMERGENCY ACCESS , .~ --,-- . -'.-. -> .---,--"'" .~,..._;._--,.. :.::--~'-~-,---' tt - 6 - 20. The Developer agrees to install fire hydrants adjacent to the roadways, at 300-foot intervals and in a manner so that none of the building structures are further than 900 feet from the nearest water hydrant. 21. The Developer hereby agrees to pay taxes in full on all lands included in the said plan until said lands are assessed and billed as a registered condominium, if applicable. 22. The Developer hereby agrees to prepay any outstanding local improvements charges which are levied against the streets shown on the said site which open onto a public highway. .-:;rri-eEtres1:C"at the rate, of TWLEVE ;...----(12%)--...-----" per cent, 'per annum, shall be payable by the Developer on all sums of money not paid on the due dates. 24. Before commencing any of the work provided for herein, the Developer shall supply the Town with a Liability Insurance Policy in a form satisfactory to the Town, indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Developer on the development. The policy shall remain in force until the issuance of the final acceptance certificate by the Town. In the event any renewal premium is not paid, the Town in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Developer agrees to pay the cost of such re- newal or renewals within ten (10) days of the account therefor being rendered by the Town. 25. The Developer agrees to provide the Town prior to the commencement of the development with a Grading Control Plan pre- pared by the Developer's Consulting Engineer establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainag~ of all adja~ent lands which drain through the said development. The said Grading Control Plan shall be prepared to the satis- faction of the Town. The grading of the land shall be carried out in accordance with such Grading Control Plan under the supervision of the Developer's Consulting Engineer. The Developer agrees to sod all parts of the site, except for paved, built-on, planted areas, or play areas, upon the completion of the construction of buildings thereon. FIRE HYDRANTS PAYMENT OF TAXES PREPAYMENT OF LOCAL IMPROVEMENTS INTEREST LIABILITY INSURANCE GRADING DRAINAGE AND SODDING - 7 - . (a) Fencing Adjacent to Residential Properties The Developer agrees to construct a chain-link fence of a minimum height of 4 feet along the portions of the property lines abutting existing residential and commercial properties. 26. (b) Qualitative or Quantitative Tests The Developer agrees that the Town may have qualitative or quantitative tests made of any materials which have been, or are proposed to be used in the con- struction of any services required by this Agreement, and the cost of such tests shall be paid by the Developer within thirty (30) days of the account being rendered by the Town. (c) Snow Plowing and Sanding of Roads The Developer agrees to snow plow and :c ..s.n~9:.-~p.,~a.c~e~~_x:o~ds !romany occupied BUildihgst_oex-is.ting Town Roads, in- eluding an alternate means of -access where available, and to clear of snow all sidewalks and footpaths that pro- vide pedestrian access to occupied dwellings within twelve (12) hours of a storm. c..- (d) Landscaping The Developer agrees to carry out the landscaping of the project in accordance with plans and specifications approved by the Town. (e) Garbage Collection The Developer agrees to collect all gar- bage and refuse at least one per week from each housing unit and to deposit same in two enclosed deposit structures located near the edge of the development as indicated on Schedule "Alt. The Devel- oper agrees to be responsible for the maintenance and hygienic quality of this area; as well as the collection of gar- bage of the units and the transportation of garbage to the two deposit areas. The Developer agrees to construct the above mentioned structures to the plans and specifications of the Town. . ~ (f) Cleaning of Streets The Developer agrees to control the dust as required by the Town on all roadways within the development and on other streets affected by work in the development during con- struction and to sweep and keep clean all roadways and sidewalks within the develop- iiit;:f1 L th.::reafter. GENE RAL PROVISIONS - 8 - . (g) Pedestrian Walkways The Developer agrees to construct ped- estrian walkways where required by the Town according to plans and specifications approved by the Town. (h) House Numbers The Developer agrees to number the units with street addresses acceptable to the Town and further agrees to supply and erect whatever street signs and traffic control devices are deemed necessary by the Town. 0""-.;--;, (i) Parking The Developer agrees to keep clean all roadways on the site, and to permit no parking of vehicles other than in gar- ages, driveways, parking lots, or visitor parking spaces aSoindicated on Schedule~ ~~~'i:aIldto'~(!au~e-Jt:o' be-removedfor.th~_ with-any vehicfefound to be . obstructing any roadway within the site. --~ . _.---.' .;,... .,.,. , ~-:- ...,...-:- .- .'. .,.- '~;" ~.~-."-'- 27. Wherever. in this Agreement the word "Developer" and the pronoun "it" is used, it shall be read and construed as "Developer" or "Developers" and "his", "her" or "their", respectively, as the number and gender may require and the number of the verb agreeing therewith shall be construed accordingly. 28. This Agreement and everything herein con- tained shall enure to the benefit of and be binding upon the parties hereto, their successors and assigns. 29. This Agreement shall be binding on subse- quent owners of the lands. 30. The Developer agrees to pay the following sums under this Agreement, upon the issuance of building permits in addition to the usual building permit fees: -- (a) The amount of $600.00 to the Town for each dwelling unit to be constucted on the lands described in Schedule "B" as general levies. (b) The amound of $150.00 to the Commission for each dwell,ing unit to be constructed on the lands described in Schedule "B" as electrical service levies. 31. The Developer agrees to the registration of this Agreement by the Town against the title of the lands set out in Schedule "B". ,4.. . , ~ /:~ ~" .:t.', . . - 9 - 32. (a) The Town and the Commission agree that upon the conditions set out in paragraph (b) of this paragraph being fulfilled and upon the Developer complying with the provisions of this Agreement and upon approval of all re- quired plans, profiles and specifications, building permits will be issued for the construction of the units indicated in Schedule "A" attached hereto on payment only of the usual building permit fees and such other fees and deposits as are herein agreed upon. (b) The Conditions to be fulfilled under the terms of this paragraph 32, are as follows: (1) approval of the Regional Municipality of Durham to the water and sewer connections to be obtained. 33. The Town covenants and agrees to execute any documents required for purposes of registration of a condominium projec~ ,on this site and by the-exe~ution -:::-_~'::'==:-:.()fthi s >Acft.:~e~e~:h~J;eof, .t.h~ Clerk" and Mayor are hereby - " , -atithorized_:se- ex.ecu~e:1 ~.~id ~.9<;:ument~ _ upon d~~m~ pe.!ng submi tted .bythe beveloper. - 34. The Town, in addition to any other rights con- ferredon it pursuant to this Agreement, shall have the right at all times to enter upon the land described in Schedule "B" for the purpose of carrying out any obli- gations imposed on the Developer under this Agreement which the Developer has failed to carry out according to the terms of this Agreement and any expense or expenditure incurred by the Town in so doing shall be paid by the Developer to the Town on demand. 35. The land described in Schedule "B" is hereby charged with the payment of all monies payable to the Town pursuant to the terms of this Agreement including all monies which may become payable to the Town pursuant to the provisions of the preceding paragraph. 36. This Agreement shall not be binding upon the Tm~ unless and until it is registered upon the title to the property described in Schedule "B" and unless at the time of such registration the Developer is the owner of the said land, subject only to the rights of the Parties of the Fourth Part and unless the said Parties of the Fourth Part have executed this Agreement for the purpose of postponing their rights in the said land to the provisions of this Agreement. Nothing in this Agreement shall require any mortgagees named as Parties of the Fourth Part to carry out any of the provisions hereof until they have entered into possession, purport to sell under a Power of Sale or foreclosure, or have taken any other action to obtain control of the lands or have in any way attempted to exercise their security against the lands described in Schedule "B" attached hereto. 37. The Developer shall, at the time of execution of this Agreement, furnish the municipality with a letter directed to the municipality, signed by an untario Solicitor, ~~Lti[ying ~5 to th~ vwnar5hip of the land described in Schedule 1: 13::. \' . . t. J ! 1 ~ {' l' ~ 'I . ~ ;1- ~ 1 !' 1, . .1 -10- , 38. The Parties of the Fourth Part do hereby postpone their interest in the land described in Schedule liB" to this Agreement with the intent that this Agreement shall take effect as though dated~ executed, delivered and registered prior to any instrument under which the said Parties of the FOlJrth Part claim an interest in the said land.' 39. The Developer shall pay to the municipality on de~and all costs incurred by the municipality for the services of consultants in connection with the preparation of this Agreement. 40. The Developer agrees that should the Town in future pass a By-law under the provisions of Section 35 (a) of The Planning Act, R.S.O. 1970, Chapter 349~ which by-law affects the lands described in Schedule liB" to this Agreement than this Agreement shall be deemed thence forth to be an Agreement duly entered into under the authority of said Section 35 {a}. 41. In this Agreement, the term "the Town" or "the Town of Newcastle" shall have the following meanings: (a) The Oi rector of Pub Ii c Works of the Town for purposes of paragraphs: 1 (c), 26 (f), 26 (e) and 26 (h). (b) Director of Public Works or any engineering consultants designated by resolution of the Town Council for purposes of paragraphs: 2,6, 7,8,9,10,11,12,13,25 and 26 (d) & (g) Provided that in the event that any of the plans, profiles and specifications submitted to the Town for approval shall not have been considered for approval by the Town within fourteen (14) days of submission for approval by the Developer of the Town, such plans, profiles or specifications, as the case may be, shall be deemed approved hereunder. IN WITNESS WHEREOF the said parties have hereunto affixed their Corporate Seals attested to by the hands of their proper officers in that behalf I authorized. ) ) ) ) } ) ) , ) ) } ) ) ) ) Approved and Authorized 1 by By-l aw Number ') Y -70 ) , ) Passed the ~7 -~ l day of ~~~ l A.D. 197 . ) ) ) ) ) ) ) ) ) ) ) } ) SIGNED, SEALED AND DELIVERED in the presence of G.R.W, CONSTRUCTION LIMITED PER: ~t#0 (OSHAWA) i'L1MITED ~hJI t ~ '~~"- TH CORPORATION OF THE TOWN OF-NEWCA-STLE ~.~...... < ~or l THE BOWMAN V I L PER: PUBLI C UTI L I TI ES -<~ Chalrmanc LJ.rn / YW-Al~ < Manager WIL-SWAR ENTERPRISES LiMITED PER: "':;'-~,~~,1,t~_.'.::?,.:~T)7~~~~ ; .i:-~J~:;" - 4It AGREEMENT dated the 23rd day of September, 1974, between . . G.R.W. CONSTRUCTION LIMITED and HILLSIDE HEIGHTS (OSHAWA) LIMITED - and - THE CORPORATION OF THE TOWN OF NEWCASTLE - and - WIL-SWAR ENTERPRISES LIMITED I, IRVING GLEIBERMAN a solicitor of The Supreme Court of Ontario, do hereby certify that the above named Developers are the sole owners in fee simple of all land described in Schedule "B" to the Site Plan Agreement dated September 23rd, 1974 I further certify that there are no mortgages or other encumbrances upon the said land or any part thereof save and except the following: WIL-SWAR ENTERPRISES LIMITED I further certify that G.R.W. CONSTRUCTION LIMITED and HILLSIDE HEIGHTS (OSHAWA) LIMITED are the sole owners in fee simple of all land to be conveyed to the Corporation or over which easements or rights are to be conveyed to the Corporation pursuant to the said Site Plan Agreement free from all encumbrances save and except the following: The mortgage aforesaid and an easement in favour of the Town of Newcastle. "..1 j . "" , .' - ':- S C H E D U L E S _ "A" SITE PLAN OF ENTIRE DEVELOPMENT "B" DESCRIPTION OF LANDS OWNED OR TO BE Ot'lNED BY THE DEVELOPER "c" EASEMENT OVER VALLEY LAND TO CONNECT TO SANITARY TRUNK SEWER AT EAST SIDE OF DEVELOPMENT "0" OU'L'LINE AND ESTIMATED COST OF SERVICES WATE~~INS AND WATER HOUSE SERVICE CONNECTIONS SANITARY AND STOID1 SEWERS AND HOUSE CONNECTIONS DRAINAGE AND GRADING ROADS, SIDEWALKS AND SIGNS MISCELLANEOUS ,~ (~ S C H E D U L E " B " .. being attached to and forming part of an Agreement between G.R.W. Construction Limited and Hillside Heights (Oshawa) Limited and The Corporation of the Town of Newcastle --------------------------------------------- ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Newcastle (formerly in the Town of Bot~anville), in the Regional Municipality of Durham and. Province of Ontario and being all of Block B, according to a Plan filed in the Registry Office for the' foresaid Town of Newcastle as Plan 702. - . . ~ --------...,.---:-- .' . . '.. . \ . .. S C H E D U L E II C " being attached hereto ,,,", : S C H E D U L E "D" List of Plans, Profiles and Specifications ------------------------------------------- 1. Plans, elevations and profiles of buildings I - 2. Plans and specifications of waterworks 3. Plans and specifications of sewers 4. Plans and specifications of grading and drainage 5. Plans and specifications of roadways, curbs and/or curbs and gutte 6. Plans and specifications of sidewalks, walkways and exterior ,lighting 7. Plans and specifications of landscaping . ESTIMATE OF INTERNAL SERVICES ----------------------------- 1. Watermains, Valves and Hydrants 2. Storm sewers, Manholes and Catchbasins $ 15,100.00 31,350.00 3. 4. 5. Sanitary sewers and manholes 30,000.00 Pavement, Curbs, Sidewalks Driveways to units and disposal sites 43,300.00 9,000.00 TOTAL: $ 128,750.00 : ..' L', .. . ' -.~ -.1-- ~ , ..... .. .. ~ .,. .. .. . 70457 No. land Registry Division of Newcastle (No. 10) I CERTIFY that this iflstrument is registered as of I [) : <c:.~ I to .M. Land ReeiskY Office JOWl of ltewcastIe Ontario. JAN 31 1975 in the ?'I~ .GtSTRAR DA~ED: September I , 1974 G.R.W. CONSTRUCTION LIMITED and HILLSIDE HEIGHTS (OSHAWA) LIMITED ... and ... THE CORPORATION OF THE TOWN OF NEWCASTLE ... and - THE BowMANVILtE FUSt!CH UTILITIES COMMISSION .,j. and ... W%L-SWAR ENTERPRISES LIMITED SITt PLAN AGREEMENT SANDLER, GORDON & GLEIBERMAN Barristers and Solicitors 464 Yonge Street Toronto, Ontario "".,7.. ", ,','- ," f' ."'" ,,' , . L - ...--,-.><{. " . "-"",.. ,... '-"" *' :-.~-- ...."".._p-.:.~ . ........_ . '-- l '': l~' A._.... ...--'-', " " \, .; " \ " J \A ; \ , I ',' \ ~ ~7: . ~ J .;IF ':':\" -t.,. . ~9"'.'j "'; ,;P' "-. r''''', .,." " ~ .,... .:.. .' '" \ ______.____________.____-:---_____w____________.__ ~ .... LAND USE SCHEI?ULE: L L AND AREA · e! 174 A. · 268,940 SQ. FT. 2. UNITS I A 8 C(4 B.a.) D D-UN< = 26 = 14 = 12 = 27 = 1 "'t."\,;,. , TOTAL = 80 . COVERAGE = 53,300 SQ. FT. = 19.82 0/0 , . AREA I UNIT = 3,362SQ.FT. .. 5. DENSITY = 12.96 UIA .'~.- N 170 59'W . PAVED AREA = 51,500 SQ .FT. = 19.15 0/0 468. 75 $EW ER EASEMENT .------. -' I II dI Illdll ddlhJdt lllll" II j 1 Ii Ii lid II e>1Jlt,J;:::?fN 101 "')(;11, -VIi , 7. LANDSCAPE AREA = 164,140 SQ.FT. = 61.030/0 270.0 8. PARKING · 80 + 40 = 120 = 150 0/0 ... ..-':<'T:'" -..'~' ..~-~ ~';"''7-- ,." . ! ,:\;, "f' · l' ' ~r'. r,..... .; '. --. ,l" ,,," \ o N ,.... Z , !. , ~._-...~, ~ ,- - ~.-- - , ~ . "t' .,..:". ~ " . , 47''' "'I' ............___: .~~., "'~" " ',' '~." '.. ,/~:)','//'.'/' '<'7/ . /r.'/ { " I . i 0:-".\ : (!) -::-l,t Z Ii\ t -~' ".,'.'.', .. 3 .J.. . 1 NO. A' "- $' ..J-u.J - ~ '''f:' ~.,~,~ . l~" T l.... RMSf~. MAlIC VOID All CQPIII . . ~to"HALDAYI .,' . .' ,". . '. . i. . AU. DlAWINGS _ .,.. "~GF till MCHI'I1Cft AND MAT NOT .. WID OIl llPRODUCID ~ift:'IIIIIl NRMItSIO'" , '.,_ . CONllAC'l'Ol stiALLQIlq.~'WIIfy AU. DIMlMItONS'ONSI1I ' · THII DlAWIMO .... ~.'ii~.. . ' " '." ''',. 43 42 40 '. ~,. '~""" ........,., ~~ C(4} C(4) UVIN OOM f5'Ol q '1.1 , _n . .___, _. _ -,,- i :~ B 8, PLAY AREA , ii>::'; .- , '..... 'z; = ~ p il'I'I'j' (~II ill' N '! . . ,.t' 'Ill I! Ii [] II' ['II! III j 'r PI I ,II 'Ill' Plll'l r j'JI~" It " - ,.1 i rl ", SITE PLAN 'SCHEDULE 'AI i PROPOSED TO N HOUSING FOR ARMsTRONG/,HOMES LID. BLOCK '~.\- WAWRENCE CRESCENT TOWN OF BQWMANVLLE. , ONTARIO LIPSON'.AND DASHKIN ARCHITICTS 170' THE DONwAY WEST DON MilLS, ONT. SCAU! DA'ni 101 NO. DRAWING NO. III . 301"011 MAR.74 , '~.AWRENC~ CRESCENT. ,," r ./ '. - " DIAWNIV AMOva 7365 SK..I ,<' 'f! CHAN ! / ! I f I i ' " <. ". /' ~ t i "r .>---.;..~,~~" , ,""-:""'", .___._.....-...-____--.---.----_____...:.._~__~ ~.-..Rk--.-._.___---"---.,.~ '''':'. . ~~, ,..--~... , "!, -.,; d.. / .,._.,~._., "'.'._L" . ....:.~,".,t..._ a....:.-._.....,.~_.:~."- ~.L-...1..." ...<.:""'~j~,..... . 1,-, . _.. 1.' "_ _J." ! ,:-. _ n'J' .' '.". .' ..', ..... ~ ... .....- - .....~ , .1'-... . ~=~.