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HomeMy WebLinkAbout80-154 . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 80-154 being a by-law to authorize the entering into an Agreement with East Woodbridge Developments Ltd., Mutt Enterprises Ltd. and Chalkfarm Investors Inc. The Council of the Corporation of the Town of Newcastle hereby ENACTS AS FOLLOWS: . THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle and seal with the Corporation Seal an Agreement between East Woodbridge Developments Ltd., Mutt Enterprises Ltd. and Chalkfarm Investors Inc. and the said Corporation, dated the 18th day of November A.D. 1980, which is attached hereto as Schedule "A". By-Law read a first and second time this 21st day of November 1980. By-Law read a third and final time this 21st day of November 1980. Garnet B. RiCkard/'~~ Mayor J (....// f~~ ~~h M. McIlroy V . 4 THIS AGREEMENT made in quintuplicate this day of A.D. --- B E T W E E N THE CORPORATION OF THE TOWN OF NEWCASTLE hereinafter called the "Municipality" OF THE FIRST PART, and EAST WOODBRIDGE DEVELOPMENTS LIMITED, and MUTT ENTERPRISES LIMITED, and CHALKFARM INVESTORS INC. hereinafter called the 'Owner" OF THE SECOND PART, and DOUGLAS JOHN CUNNINGHAM, and EMILIO GAMBIN IN TRUST, and MUTT ENTERPRISES LIMITED hereinafter called the "Mortgagee" OF THE THIRD PART. WITNESSESSTH THAT: WHEREAS the lands affected by this Agreement, which are described in Schedule "A" hereto are hereinafter called the "Lands" and constitute 28.909 acres; AND WHEREAS the Owner warrants that it is the registered owner of the Lands; AND WHEREAS the Owner warrants that the Mortgagee is the only Mortgagee of the Lands; AND WHEREAS THE Owner warrants that it has applied to the appropriate Minister of the Government of Ontario, hereinafter called the "Minister" for approval of a plan of subdivision of the Lands; l - 2 - L AND WHEREAS to comply with the Minister's conditions for such approval, the Owner has consented to enter into this Agreement with the Municipality; AND WHEREAS the Owner warrants that it has entered, or will enter into an -Agreement with-the Corporation of the Regional 'Municipality of -Durham, herein- after called the "Region" to construct, install, and maintain certain public works for the Region; AND WHEREAS the Owner warrants that it has or will enter into an agreement with the appropriate Public Utilities Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installa- tion of the utilities referred to in Schedule "H" and hereinafter called "Utilities"; - AND WHEREAS in this Agreement "Owner". includes an individual, an association, a partnership, or a corporation, and wherever the singular is used herein, it shall be construed as including the plural; AND WHEREAS in this Agreement "Director" means the Director of Public Works of the Town of Newcastle, or such duly qualified Engineer as may be appointed by the Council of the Municipality to act in his place. .NOW THEREFORE in consideration of the mutual agreements and covenants and promises herein contained, and other good and valuable consideration, the parties hereto agree as follows: CERTIFICATION OF OWNERSHIP , 1. The Owner shall, at the time of the execution of this Agreement, provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality certifying as to the title of the said Lands and setting out the names of all persons having an interest in the said lands and the nature of their interest. 2. The Owner shall, at the time of the execution of this Agreement, provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality certifying as to the title to any land which is to be conveyed to the Municipality or over which easements are to be granted to the Municipali- ty pursuant to the terms of this Agreement. COPY OF PLAN AND AGREEMENTS REQUIRED 3. Subject to paragraph 762(3) hereof, the Owner shall, at the time of the . execution of this Agreement, provide the Municipality with as many copies as the Municipality requires of the plan of subdivision for the said Lands, which plan shall be the plan prepared for approval by the Minister: The said plan is attached hereto as Schedule '.'B" and is hereinafter called the "Plan". The Owner shall also furnish to the Municipality at the time of the execution of this Agreement one copy of the said Plan containing the stamp of approval of the Regional Municipality of Durham, and a copy of the subdivision agreement entered into between the Owner and the Regional Municipality of Durham with respect to the said Plan if such approval and/or Agreement is in existence'at the time of the execution of this Agreement. If the approval or agreement with the Regional Municipality of Durham is not available at the time of the execution of this Agreement, the Owner agrees to provide the Municipality with the Plan with the stamp of approval of the Regional Municipality of Durham, immediately after approval is granted or the agreement signed. The Owner shall also furnish to the Municipality at the time of the execution of this Agreement one copy of each of the agreements entered into with the Public - Utilities Commission or other authority or company having jurisdiction in the area of the said lands for the design and installation of the utilities, or, if such agreement or agreements are not in existence at the time of the execution i - 3 - of this Agreement, the Owner agrees to provide the Municipality with a copy 'of each such agreement immediately after such agreement is 'signed. PAYMENT OF TAXES 4. The Owner shall, at the time of the execution of this Agreement, pay all Municipal taxes outstanding against the said lands, as set out in Schedule "C" hereto. The Owner further agrees to pay any Municipal taxes which may become due and payable by it, in respect of any of the said Lands, prior to the .sal_e by the Owner of such lands. PAYMENT OF LOCAL IMPROVEMENT CHARGES 5. The Owner shall, at the time of the execution of this Agreement, pay all charges with respect to existing local improvements assessed against the said Lands, as set out in Schedule "C" hereto. Such charges shall include the Municipality's share of any local improvements which serve the said Lands and shall include the commuted value of such charges including charges falling due after the date of the execution of this Agreement. PAYMENT OF DRAINAGE CHARGES 6. The Owner shall, at the time of the execution of this Agreement, pay all drainage charges assessed under The Municipal Drainage Act, 1975, 'and The Tile Drainage Act, 1971, against the said Lands, as set out in Schedule "C" hereto, including the commuted value of such charges falling due after the execution of this Agreement. PAYMENT OF DEVELOPMENT CHARGES 7. The Owner shall pay all development levies in the amounts and at the times set out in Schedule "D" hereto. . Notwithstanding the provisions of Schedule "D" as. to. the times at which the development charges shall be paid, the Owner shall prior to the issuance of any building permit in respect of any lot or block, pay all remaining development charges assessed against the said lot or block. DEDICATION "OF EASEMENTS 8. (1) The Owner shall at the time of the execution of this Agreement, or such later date as may be agreed by the Owner and the Municipality but not later than the registration of the Plan, deliver to the Municipality executed transfers of easements free and clear of all encumbrances as set out in Schedule "E" hereto. (2) If, subsequent to the registration of the Plan, but prior to the issuance of a building permit in respect of any lot or block, further easements are required for utilities or drainage, or other purposes, in respect of any lot or block within'the Lands, the Owner agrees to transfer to the Municipality such further easements, and in no event shall a further easement be requested which would prevent the erection of a dwelling on.any such lot or block. DEDICATION OF LANDS 9. The Owner shall, at the time of the execution of this Agreement, or such later date as may be agreed by the Owner and the Municipality but not later than the registration of the Plan, deliver to the Municipality executed deeds of conveyance, sufficient to vest in the municipality or where appli- cable in any other public authority or person absolute title in fee simple, free and clear of all liens, charges, encumbrances and easements, the lands set out in Schedule "F" hereto. Such conveyance shall include the dedication by the Owner to the Municipality of the lands required by the terms of The Planning Act, R.S.O. 1980, Chapter 349, as amended from time to time, to be l � r - 4 - dedicated for public purposes, other than for highways, unless the Municipality has agreed to accept cash in lieu of such lands as provided herein. CASH IN LIEU OF LANDS 10. The Owner agrees that, if .the Municipality agrees to accept cash in lieu of the dedication by the Owner to 'the-Municipality of lands for public purposes , other than highways, the amount of such cash payment, shall be as set out in Schedule "F" hereto. The Owner further agrees to pay to the Municipality any such cash payment as set out in Schedule "F" hereto, at the time of the execution of this Agreement. REGISTRATION OF DEEDS AND GRANTS OF EASEMENT 11. The aforementioned deeds and grants of easements shall be perpared by the Owner and registered at the Owner's expense at the same time as the Plan is registered. In such deeds and grants of easements the registered number of the Plan shall be left blank and the Owner hereby authorizes the Municipality to insert such Plan number after registration of the Plan. LANDS FOR SCHOOL PURPOSES AND SECONDARY OPTION 12. (1) The Owner shall, at the time of the execution of this Agreement, deposit with the Municipality a letter from each and every School Board having jurisdiction over the said Lands stating that arrangements satisfactory to each and every School Board have been made respecting the acquisition of any lands necessary for school purposes to serve the said Lands. (2) In the event that a .School Board which has an option to acquire any lot or block within the Plan and does not exercise its option, the Owner hereby agrees to notify the clerk of the Municipality in writing that the School Board has not exercised its option and the .Owner hereby grants to the Municipality an irrevocable option to acquire such lands upon the same terms and conditions as the School Board could have acquired the property, except that the Municipality shall exercise the option hereby granted, in writing, within ninety (90) days of receipt of notification from the Owner that the Board has failed to exercise its option and, the purchase of such lands by the Municipality shall be .completed within ninety (90) days of the exercise of its option. MUNICIPAL WORKS REQUIRED 13. The Owner shall be responsible for the construction and installation of the services and landscaping more particularly referred to in Schedule "G" hereto (hereinafter. called "the Works") . Until the issue of a Certificate of -- Acceptance as hereinafter provided, the Works shall remain the property of the Owner and the Owner shall be fully responsible for their maintenance. After the issuance of a Certificate of Acceptance, the Works shall vest in and become the responsibility of the Municipality. UTILITIES REQUIRED 14. The Owner shall be responsible for entering into agreements_--with:the appropriate..Pub lic .Utilities Commission-.or other such authority or company having jurisdiction in the area of the said Lands for the design and installa- tion of the Utilities as more particularly referred to in Schedule "H". l � t - 5 - OWNER'S ENGINEER 15. The Owner shall retain a competent Professional Engineer, registered by the Association of Professional Engineers of Ontario and hereinafter called the "Owner's Engineer", to administer this Agreement, whose duties are set out in Schedule "I" hereto. DESIGN OF WORKS 16. The Owner agrees that the design of all the Works shall comply with the Design Criteria and Standard Detail Drawings of 'the Municipality. In the event of any dispute as to such standards or in the event of any dispute as to such design requirements the decision of the Director shall be final. APPROVAL OF ENGINEERING DRAWINGS 17. The Owner shall, prior to -the issuance of any Authorization to Commence Works as provided herein, have received the written approval of the Director for all drawings of all the Works hereinafter called the "Engineering Drawings". If no construction of the Works has commenced within two (2) years of the date of approval of the Engineering Drawings, the Engineering Drawings shall be resubmitted to the Director for re-approval and further revision if required by the Director, and no work shall be done unless in accordance with the said revised and re-approved drawings. APPROVAL OF GRADING AND DRAINAGE PLAN 18. The Owner shall, prior to the issuance of any Authorization to Commence Work as provided herein, have received the written approval of the Director of a plan, hereinafter called the "Grading and Drainage Plan", and showing thereon all proposed grading and drainage works for the said Lands. If no construction of the Works has commenced within two (2) years of the date of approval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be resubmitted to the Director for re-approval and revision if required by the Director and no such work shall be done unless in accordance with the said revised and re-approved drawings. APPROVAL OF TREE PRESERVATION PLAN 19. The Owner shall, prior to the issuance of any Authorization to Commence Works as provided herein, have received the written approval of the Director of a plan of the said Lands, hereinafter called the "Tree Preservation Plan" and showing thereon: (1) the location and approximate size of all existing trees over 300 mm in circumference at 1.52 m above the ground; and (2) the location of all existing trees referred to in subparagraph (1) - hereof intended to be removed during the development of the said Lands. No work shall be done and no such trees removed until the Tree Preservation Plan is approved and only then, in accordance with such approved Plan. It is agreed by the Municipality that nothing in this paragraph shall prevent the Owner from removing trees that would otherwise prevent it from carrying out the Works or from utilizing any lot or block by reason of its inability to site a dwelling on such lot or block because of such trees. - 6 - STAGING OF WORKS 20. If the Owner wishes to construct and install the Works and Utilities in stages, the Owner shall, prior to the issuance of any Authorization to Commence Work as hereinafter provided, prepare for the approval of the Council of the Municipality, a. plan hereinafter called the "Staging Plan" which divides the Plan into stages for the construction,, installation and maintenance of the Works and Utilities. The Owner shall -not proceed until such-Staging-Plan has-been- - approved by Council of the Municipality, and shall proceed only in accordance with such approved Plan, except as it may be subsequently amended with 'the approval of the Council of the Municipality. APPROVAL OF SCHEDULE OF WORKS 21. The Owner shall, prior to the issuance of any Authorization to Commence Work, as hereinafter provided, receive the written approval of the Director of a schedule (hereinafter called the "Schedule of Works") which sets out the timing sequence in which the Owner proposes, to construct and install all of the Works and Utilities and, where the installation of the Works and Utilities are to be staged the Owner shall prior to the Authorization to Commence Work for each stage receive the written approval of the Director of a Schedule of Works for such stage. The Owner shall proceed only in accordance with the approved schedule, except as it may be subsequently amended with the approval of the Director. APPROVAL OF COST ESTIMATE 22. The Owner agrees that, prior to the issuance of any Authorization to Commence Work, as hereinafter provided, the estimated cost of construction and installation of all of the Works, hereinafter called the "Works Cost Estimate'.° shall be approved by the Director and entered in Schedule "J" hereto. If the Municipality has approved a Staging Plan for the said Lands, the Owner further agrees that the estimated cost of construction and installation of the Works for each stage, hereinafter called a "Stage Cost Estimate" shall be approved by the Director and entered in Schedule "J" hereto. PERFORMANCE GUARANTEE REQUIRED 23. (1) Prior to the issuance of any Authorization to Commence Works in respect of the said "lands" the Owner shall provide the Town with a "Performance Guarantee" in the form of cash or an irrevocable letter of credit issued by a Chartered Canadian Bank, in an amount equal to the "Works Cost Estimate" in respect. of the Plan, or the stage of the Plan to be covered by the "Authorization to Commence Works." The "Performance Guarantee" may be used by the Town of Newcastle as set out in Clause 24 of this Agreement in the event that the Owner fails to satisfactorily meet the requirements of this Agreement in respect of the provisions of the specified works and facilities. (2) All submissions made under Clause 23(1) above shall be approved by the Treasurer of the Town of Newcastle. (3) The cash or irrevocable letter as provided in Clause 23(1) hereof are hereinafter collectively referred to as a "Performance Guarantee.'-.- USE OF PERFORMANCE GUARANTEE 24. The Owner agrees that the Municipality may at any time, by resolution of Municipal Council, authorize the use of all or part of any Performance Guarantee if the Owner fails-to pay any costs payable by the Owner to the Municipality under this Agreement by the due-date of the invoice for such costs. l` 7. - INDEMNIFICATION OF MUNICIPALITY AND INSURANCE 25. The Owner covenants and agrees to indemnify the Municipality against all actions, causes of actions, suits, claims and demands whatsoever and howsoever caused, which arise either by reason of the development of the said lands, or the undertaking of the design, construction, installation and maintenance of the _Works. and Utilities. The Owner agrees to indemnify the Municipality with respect to all such claims notwithstanding the issuance of a Certificate of Release provided for in this Agreement. The owner shall also provide the insurance called for by Schedule "K" of this Agreement. REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS 26. The Owner shall not commence the construction or installation of any of the Works without the written permission of the Municipality, hereinafter called an "Authorization to Commence Works." The Owner shall only commence those Works permitted by the Authorization to Commence Works. In addition to any other require- ments contained herein, no Authorization to Commence Works shall be issued for any of the Works until: (1) the Owner has met the- Amended Ministerial Conditions, 2 through 15 inclusive of Draft Approval dated August 21, 1978, attached hereto as Schedule "S" to the satisfaction of the Town, and (2) the Owner has delivered copies of the Plans and Agreements as required by paragraph 3 of this Agreement; and (3) the Owner has paid to the Municipality any outstanding charges against the said lands required by paragraph 7 of this Agreement; and (4) the Owner has deposited with the Municipality any transfers of easements as required by paragraph 8 of this Agreement; and (5) the Owner has deposited with the Municipality any deeds of conveyance for any lands and paid any cash as required by paragraph 9 and 10 of this Agreement; and (6) the Owner shall deliver letters from the appropriate Public Utilities Commission, or authority or company having jurisdiction, stating that satisfactory agreements have been entered into for the design and installations of the Utilities as required by paragraph 14 of this Agreement; and (7) the Owner has appointed an Engineer as required by paragraph 15 of this Agreement; and (8) the Owner has received the written approval of the Director for the Engineering Drawings as required by paragraph 17 of this Agreement; and (9) the Owner has received the written approval of the Director for the landscaping required as part of the Works and more particularly referred to in Schedule "G" and (10) the Owner has received the written approval of the Director for the Grading and Drainage Plan as required by paragraph 19 of this Agreement; and (11) the Owner has received the written approval of the Director for the Tree Preservation Plan as required by paragraph 19 of this Agreement; and (12) the Owner has received the written approval of the Council of the Corporation of the Town of Newcastle for the staging plan as required by paragraph 20 of this Agreement; and (13) the Owner has received the written approval of the Director for the Schedule of Works as required by paragraph 21 of this Agreement; and (14) the Owner has received the written approval of the Director for the Works Cost Estimate and/or Stage Cost Estimate as required by paragraph 22 of this Agreement; and - 8 - (15) the Owner has deposited with the Municipality the Performance Guarantee applying to that stage of the plan for which the Owner is seeking such authoriza- tion to Commence Works as required by paragraph 23 of this Agreement; and (16) the Owner has deposited with the Municipality any policies of insurance as required by paragraph 25 of this Agreement; and (17) the Owner has paid all Municipal costs as required by-paragraph-b0''.-of . _ this Agreement as of the date of the issuance of the Authorization to Commence Works; and (18) Notwithstanding the above, the Owner may commence construction or installation of the "Works", as referred to in Schedule "G" hereto, with the written approval of the "Director", prior to the registration of the Plan provided that sections 2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 of this clause have been satisfied. No "Certificate of Acceptance" of the "Works", as referred to in clause 51 of this Agreement, shall be issued by the "Director", until the Plan has.been registered and all other requirements relevant to the "Certificate of Acceptance" have been met. The construction or installation of any of the "Works" pursuant to this Clause, and notwithstanding the aforementioned approval of the "Director", shall be undertaken at the sole risk of the "Owner". The "Owner" shall save harmless of the "Municipality" from any actions or causes of action resulting from the construction or installation of any of the "Works" as may be undertaken pursuant to this clause. Failing the registration of the "Plan" within three (3) months of the commencement of the construction or installation of any of the "Works" as may bg undertaken pursuant to this cluase, the "Owner" agrees to restore the "lands" to a condition satisfactory to the "Director". REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT STAGES 27. If the Municipality has approved a Staging Plan for the said Lands, the Owner shall require an Authorization to Commence Works for each stage of the Plan. If the 'Municipality has issued an Authorization to Commence Works for one stage of the Plan, in addition to any other requirements contained herein, no Authorization to Commence Works shall be issued for any subsequent stage of the Plan until: (i)* the Stage Cost Estimate for such stage has been approved by the Director and entered in Schedule "J". hereto; and (ii) the Owner has deposited with the Municipality the Performance Guarantee applying to that stage of the Plan for which the Owner is seeking such Authorization to Commence Works. INSPECTION AND STOP WORK 28. The contract with any contractor employed by the Owner to construct or install any of the Works shall provide that employees or agents of the Municipality may, at any time, Inspect-- the-work of such contractor pertaining .to'-the said .Lands and the Director, after consultation with the Owner's Engineer, shall have the power to stop any such work in the event, that in their opinion, work is being performed in a manner which may result in a completed installation that would not be satisfactory to the Municipality. PROVISIONS FOR CONSTRUCTION AND INSTALLATION 29. All of the Works shall be constructed and installed in accordance with the Engineering Drawings as approved by the Director. No variation from the Engineering Drawings shall be permitted unless such variation is authorized in writing by the Director. All construction on the said Lands shall be carried out in accordance with the regulations for constrction as set out in Schedule "L" hereto. SEQUENCE OF CONSTRUCTION AND INSTALLATION 30. The Owner shall, upon the issuance of an Authorization to Commence Works, proceed to construct and install all o� the Works a's required by the approved Schedule of Works. - 9 - COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION 31. The Owner shall, within two (2) years of the date of the issuance of an Authorization to Commence Works for each phase, complete the construction and installation in such phase of all the Works authorized in such Authorization to Commence Works with the exception of the final coat of asphalt, final lot grading, driveway approaches, . sodding and tree planting. 'ADDITIONAL FACILITIES OR WORK REQUIRED 32. If, in the opinion of the Director, any minor or incidental additional work is required to provide for the adequate operation and functioning of the Works, .the Owner shall, until the conclusion of the maintenance guarantee period, construct or install such additional facilities and perform such additional work as the Municipality may request from time to time. - INCOMPLETE OR FAULTY WORK 33. If, in the opinion of the Director, the Owner is not executing or causing to be executed the Work required by this Agreement, in such a manner that it will be completed within the time specified for such completion, or if the said Work is being improperly done, or if the Owner neglects or abandons the said Work, or any part of it, before completion, or unreasonably delays the execution of the same, or if in any other manner the said Work is not being done properly and promptly in full compliance with the provisions of the Agreement, or in the event that the Owner neglects or refuses to do over again any Work which may be rejected by the Director, as defective or unsuitable, or if the Owner in any other manner in the opinion of the Director may default in performance under this Agreement, then in any such case the Director on the authority of the Council of the Municipality may notify the Owner and his surety in writing..of such default or neglect and within ten (10) clear days after the giving of such notice or within such further period of time as may be specified in the notice, the Municipal Council shall thereupon have full authority and power immediately at its option to employ a contractor or such workmen as in the opinion of the Director shall be required for the proper completion of such work at the cost and expense of the Owner or his surety, or both. In cases of emergency, in the opinion of the Director, such work may be done without prior notice, but the Owner shall forthwith be notified. The cost of such work shall be calculated by the Director, whose decision shall be final. It is understood and agreed that the total costs- shall include a management fee of thirty-five (35%) percent of a contractor's charges to the Municipality (Including any charges for overhead and profit) or, if such work is undertaken by the Municipality, thirty- five (35%) percent of all charges incurred to complete the work, it .being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this clause is one of the considerations without which the Municipality would not have executed this Agreement. ENTRY FOR EMERGENCY REPAIRS 34. The Owner agrees that, at any time and from time to time, employees or- agents of the Municipality may enter the said lands for the purpose of making emergency repairs to any of the Works. Such entry and repairing shall not be deemed an accep- tance of any of the Works by the Municipality, nor an assumption by the Municipality of any liability in connection therewith, nor a release of the Owner from any of its obligations under this Agreement. DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS 35. (1) the Owner agrees to pay the cost of repairing any damages to any adjacent services which without limiting the generality of the foregoing shall include road, water, electrical, gas, telephone, cable television or sewer systems, and the cost of relocating any existing services, caused by the direct development of the said Lands or any of the work required by this Agreement, provided all work is to be done to the satisfaction.of_the.Director and/or authorities responsible for such services. l� - 10 - (2) the Owner agrees to, if the well or private water supply of any person outside the Plan is interferred with or dewatered as a result of the construction or installation of the Works: (a) where the interference to a well or private water supply is of a short term duration (i.e. , during the course of dewatering an excavation and within one -month of the-completion_of dewatering) make available to the affected party, a temporary supply of water at no cost to the affected party; and - (b) where the interference to a well or private water supply is of a long term duration, at the option of. the Owner and at his expense connect the affected party to the Municipal water supply system or -provide a new well or private water system so that water supplied to the affected party shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. USE OF WORKS BY MUNICIPALITY 36. The Owner agrees that any of the Works may be used by the Municipality, or other authorized persons, for the purposes for which the Works are designed. Such - use of any of the Works shall not be deemed an acceptance of any of the Works by the Municipality nor an assumption by the Municipality of any liability in connection therewith, nor a release of the Owner from any of his obligations under this Agreement. USE OF SAID LANDS 37. The Owner agrees that the said Lands shall not be used for any purpose other than that set out in Schedule "M" hereto without the prior written consent of the Municipality. LANDS UNSUITABLE FOR BUILDING 38. The Owner agrees that the lots and blocks of the Plan which are set out - in Schedule "N" hereto are unsuitable for building purposes and that no application will be made for a building permit for the erection of any structure on any such lot or block until the conditions outlined in Schedule "N" hereto for such lot or block have been satisfied to the approval of the Director and/or any other authori- ties having._jurisdiction. LANDS REQUIRING SITE PLAN 39. The Owner covenants and agrees that no application for any building permits in respect of the lots or blocks -of the Plan which are set out in Schedule "0" shall be made until the Owner has entered into a Site Plan Agreement with the Municipality respecting the development of such lot and unless the application for a building permit complies in all respects with the terms of the said Site Plan Agreement. LANDS DEFERRED 40. The Owner covenants and agrees that no application for any building permit in respect of the lots or blocks of the Plan which are set out in Schedule "T" shall be made until the conditions outlined in Schedule "T" hereto for such lot or block have been satisfied to the approval of the Director and/or any other- authori- ties having jurisdiction. REQUIREMENTS FOR BUILDING PERMITS 41. Neither the execution of this Agreement by the Municipality nor the approval by the Municipality of the Plan for registration, nor the issuance by the Munici- pality of any Certificate of Acceptance shall be deemed to give any assurance that building permits when applied for will be issued in respect of any of the said Lands. The Owner agrees that no application for any building permit in respect of any of the said Lands shall be made until: (1) all easements for Utilities or drainage, or other purposes across the lot or block in respect of which a building permit is proposed to be issued have been transferred to the Municipality; and (2) all the roads which are required to be constructed under this Agree- ment to provide access to the proposed building, have been constructed to at least the granular "B" stage. (3) all of the Works required to be constructed and installed under such roads have been constructed and installed to the approval of the Director; and (4) all of the Utilities required to .be constructed and installed under such roads have been constructed and installed to the approval of the authorities having jurisdiction over such Utilities; and (5) the Owner has provided the Director with a mylar and four copies of a street numbering plan satisfactory to the Municipality and each street number shall permanently apply to the lot or block shown on the Plan and shall be provided by the Owner to all subsequent owners; and (6) the balance of all Development Levies have been paid in respect of' the lot or block in the Plan for which the building permit is applied for; and (7) the Owner has deposited with the Municipality the Letter of Credit required by paragraph 45 of this agreement; and (8) if the application for a building permit is in respect of any lot or block set out in Schedule "N" the Owner has fulfilled the conditions with respect to the lots and blocks as set out in Schedule "N" as required by paragraph 38 of this Agreement; and (9) if the application for a building permit is in respect of any lot or block set out in Schedule "0" the Owner has entered into a Site Plan Agreement with respect to the lots or blocks as set out in Schedule "0" as required by paragraph 39 of this Agreement; and (10) if the application for a building permit. is in respect of any lot or block set out in Schedule "T" the Owner has fulfilled the conditions with respect to the lots and blocks as set out in Schedule "T" as required by paragraph 40 of this Agreement. MODEL HOMES 42. (1) Notwithstanding the provisions of paragraph 41 of this Agreement, the Owner may apply for building permits for up to five (5) model homes on the lands, provided that such application is in conformity with the requisite by-laws of the Municipality and The Building Code, 1974, and provided that all building permit fees, occupancy penalty and appropriate development levies as provided for in this Agreement have been paid or provided. (2) The Owner agrees that any model home shall be used for display purposes - only and shall not be occupied for any residential purpose until such time as the provisions of paragraph 44 of this Agreement have been complied with and if such model home is occupied for residential purposes contrary to this paragraph the provisions of paragraph 45 .shall apply. REQUIREMENTS FOR SALE OF LANDS 43. The Owner agrees not to sell any or all of the said Lands until: (1) any grants of easement required by the Municipality in respect to the said Lands have been conveyed by the Owners to the Municipality; and l ' - 12 - (2) where no building permit has been issued in respect of any lot or block proposed to be sold, the Owner has obtained from the prospective purchaser a covenant that such purchaser agrees at any time prior to the issuance of a building permit, to provide the- Municipality with any grants of easement required for utility or drainage purposes upon the written request of the Municipality; and _(3) the Owner has obtained from the prospective purchaser a licence to permit the Owner and/or Municipality, to enter upon such lands to perform its obligations under this Agreement; and (4) the Owner has inserted in the agreement to purchase entered into by the prospective purchaser, notice that the lands are subject to the covenants and obligations set forth in this Agreement. REQUIREMENTS FOR AUTHORIZATION TO OCCUPY 44. Notwithstanding the requirements of any statute regulation or by-law for the issuance of any permit authorizing the occupancy of any dwelling or other structure, the Owner shall not permit any building on the said Lands to be occupied, and no one shall occupy such building without the written permission of the Municipality hereinafter called an "Occupancy Permit". In addition to any other requirements contained herein, no Occupancy Permit shall be issued for any building until: (1) all of the roads which are required to be constructed under this Agreement, which will provide access to such building, have had the application of the base course of asphalt, to the written approval of the Director; and (2) all of the storm sewage system required to be constructed-and installed to service such building has been constructed and installed to the written approval of the Director, and the building has been connected thereto; and (3) all of the Utilities, save telephone and cable T.V. required to be constructed and installed and connected to the building have been so constructed, installed and connected to the written approval of the authorities having jurisdic- tion over such Utilities; and (4) the building has been connected to and is serviced by a water supply and sewage disposal system to the written approval of the authority having jurisdiction; and (5) the Owner's Engineer has provided the Director with written confirmation that the lot or block, where such building is located, conforms to the Grading and Drainage Plan, or has received the written approval of the Director with respect to any variance to the Grading and Drainage Plan. OCCUPANCY PERMIT 45. Prior to the issuance of the first building permit the Owner agrees to lodge with the Municipality an irrevocable letter of credit issued by a chartered Canadian bank in the amount of $10,000.00 to guarantee that occupancy does not occur in respect of any lot or block before the issuance of an Occupancy Permit for such lot or block. In the event that occupancy occurs in respect of any lot or block before the issuance of an Occupancy Permit contrary to paragraph 44, the sum of $2,000.00 shall be immediately forfeited to the Municipality for each such lot or block and upon forfeiture the Owner shall immediately restore the letter of credit to the full amount of $10,000.00 so that the amount of security deposit on hand with the Munici- pality is always equal to $10,000.00. The letter of credit shall be released to the Owner at such time as the last unit is ready for occupancy in accordance with the terms of this Agreement or at such earlier date as may be mutually agreed in writing by the parties. - 13 - MAINTENANCE OF ROADS AFTER ACCEPTANCE 46. (1) Notwithstanding any other requirement in this Agreement to maintain the Works, if any building on the said Lands is occupied, the Owner shall maintain all of the roads, which are required to be constructed and which provide access to such building, until a Certificate of Acceptance has been issued for such road. The Owner shall: (a) maintain the roads at all times in a well drained, dust and mud free condition, fit for all normal vehicular traffic, to the approval of the Director; and (b) during the course of installation of the Works and Utilities provide and maintain safe and adequate access to all occupied buildings. (2) The Municipality agrees to snowplow and sand paved subdivision roadways. Until the roadways are vested in the Municipality the Owner shall pay fifty (50%) of the actual cost of .snowplowing and sanding such roadways. (3) The provision of any work or service by the Municipality under paragraph 32 or subparagraph (2) of this paragraph, shall not in any way constitute approval or assumption of the road and the road shall not be deemed to have been assumed until a Certificate of Acceptance has been issued. REQUIREMENTS FOR CERTIFICATE OF COMPLETION 47. The Owner agrees that the construction and installation of any of the Works authorized in an Authorization to Commence Works shall not be deemed to be completed for the purposes of this Agreement until the Director has provided the Owner with written confirmation thereof, referred to herein as a "Certificate of Completion". In addition to any other requirements contained herein, no Certificate of Completion shall be issued until: (1) Such of the Works authorized by the Authorization to Commence Works, for which a Certificate of Completion is required, have been inspected by the Director, and the Municipal Council has approved the written report of the Director that such Works have been constructed and installed in accordance with the latest version of the Engineering Drawings approved by the Director; and (2) the Municipality .is satisfied that, in respect of the construction and installation of all of .the Works authorized by such Authorization to commence Works, there are no outstanding claims relating to such Works. PERIOD OF REQUIRED MAINTENANCE OF WORKS 48. . The Owner shall from the date of the issuance of a Certificate of Completion maitain all of the Works covered by such Certificate of Completion for a period of two (2) years. MAINTENANCE GUARANTEE REQUIRED 49. In order to guarantee that all defects in the Works, which become apparent after the issuance of a Certificate of Completion for such Works, will be properly repaired or replaced, the Owner shall, prior to the issuance of the Certificate of Completion for such Works, lodge with the Municipality a Maintenance Guarantee in the form of cash or an irrevocable letter of credit from a chartered Canadian Bank, and in an amount equal to ten percent (10%) of the estimated cost of the Works as set out in Schedule "J" hereto. The form of the Maintenance Guarantee shall be subject to the approval of the Municipal Solicitor, and the Municipal Treasurer, and shall guarantee the Works for two (2) years from the date of completion. _ USE OF MAINTENANCE GUARANTEE 50. The Owner agrees that the Municipality may at any time, by resolution of Municipal Council, authorize the use of all or any part of any Maintenance Guarantee - 14 - if the Owner fails to pay any costs, payable by the Owner to the Municipality under this Agreement, by the due date of the invoice for such costs. REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE — 51. The--Owner agrees that the Municipality shall not be obliged to release-- - to the Owner the unused portion 'of any Performance Guarantee until: (1) a Certificate of Completion has been issued for the Works for which such Performance Guarantee was required; and (2) the Owner has deposited with the Municipality the Maintenance Guarantee applying to those Works for which such Performance Guarantee was required; and (3) the Municipality is satisfied that in respect-of the construction and installation of the Works for which such Performance Guarantee was required, there are no outstanding claims relating to such Works. REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE 52. The Owner agrees that any of the Works covered by a Certificate of Completion - shall not be accepted, nor deemed to be accepted, for the purpose of this Agreement, until the Director has provided the Owner with written confirmation thereof, referred to herein as a ."Certificate of Acceptance". In addition to any other requirements contained herein, no Certificate of Acceptance shall be issued until all of the Works covered by such Certificate of Completion have been inspected by the Director and the Municipal Council has approved the written report of the Director that all such Works have been maintained to the approval of the Director for the period set out in paragraph 48 of this Agreement. OWNERSHIP OF WORKS BY MUNICIPALITY 53. The Owner agrees that, upon the issuance of a Certificate of Acceptance, the ownership of all of the Works covered by such Certificate of Acceptance shall vest in the Municipality and the Owner shall have no right or claim thereto, other than as an Owner of land abutting a road in which such Works are installed. REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE 54. (1) The Owner agrees that the Municipality shall not be obliged to release to the Owner the unused portion of any Maintenance Guarantee until: (a) a Certificate of Acceptance has been issued for the Works for which such Maintenance Guarantee was required; and (b) the Municipality is satisfied that, in respect of the maintenance of all of the Works for which such Maintenance Guarantee was required, there are no outstanding claims relating to such Works. (2) The Municipality shall release to the Owner the unused portion of any Maintenance Guarantee upon fulfillment of Clause (a) and (b) of subparagraph (1) hereof. REQUIREMENTS FOR CERTIFICATE OF RELEASE 55. Upon compliance with subparagraphs (1) , (2), and (3) hereof,_ the Municipality agrees to provide the Owner with a written release for the said Lands, referred to herein as the "Certificate of Release", in a form suitable for registration or deposit in the applicable Registry or Land Titles Office. In addition to any of the requirements contained herein, the Certificate of Release for such stage shall not be issued until: (1) Certificates of Acceptance have been issued for all of the Works; and - 15 - (2) a registered Ontario Land Surveyor, approved by the Municipality, has provided the Municipality with written confirmation that at a date not earlier than the end of the maintenance period described herein, he has found or replaced all standard iron bars as shown on the Plan and survey monuments at all block corners, the end of all curves, other than corner roundings, and all points of change in direction of roads on the Plan; and (3) the Municipal Council has, by resolution, declared that the Owner not in default of any of the provisions of this Agreement. The Certificate of Release shall operate as a discharge of the land described therein of all obligations of the Owner under this Agreement with the exception of the Owner's responsibility for drainage as provided herein and the Owner's acceptance of the conditions for applying for municipal building permits as provided herein. REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES 56. (1) In the event that the Owner is required to install oversized services (hereinafter called "Oversized Services") or services outside the limits of the Plan of Subdivision (hereinafter called "External Services") which are more particularly set out in Schedule "P" hereto, the Municipality agrees that upon a developer of lands outside the Plan of Subdivision connecting to such Oversized or External Services (which is also set out in Schedule "P") that is equal to the proportion of the excess capacity of such oversized or External Services which is estimated to be utilized by such developer. The excess capacity of such 'Oversized or External Services shall be the capacity of such services estimated to 'be available after the Owner has fully developed the lands. The portion of such Oversized or External Services estimated to be utilized by a developer of lands outside the Plan of Subdivision shall be calculated by the Director, whose decision shall be final. In determining the cost of the Oversized or External Services. there shall be added annually from the first anniversary of the issuing of the Certificate of Completion to the costs set out in Schedule "P" a sum equal to the interest on the amount of the unpaid balance from time to" time of the cost of the oversized or External Services calculated from the date of the issuance of the Certificate of Completion, at the highest prime lending rate charged during the previous year by the Bank of Montreal at its main branch in the City of Toronto, plus two per cent (2%) . (2) In the event that payment is required to be made under this paragraph by the Municipality before the issuance of a Certificate of Completion, no interest shall be added to the cost of Oversized or External Services. (3) In the event that payment is required to be made under this paragraph by the Municipality before the first anniversary of the issuance of the Certificate of Completion, interest shall be calculated at the highest prime rate calculated by such bank, plus two per cent (2%) from the date of the issuance of the Certificate of Completion to the date of payment. Interest shall be calculated on a per diem basis to the date of payment. GANARASKA REGION CONSERVATION AUTHORITY 57. The Owner hereby agrees to carry out or cause to be carried out to the satisfaction of the GANARASKA REGION CONSERVATION AUTHORITY, all matters more particularly set forth in Schedule "Q" hereto. RESPONSIBLITY FOR DRAINAGE 58. Even after the issuance of the Certificate'of Release the registered owner of each lot or block on the Plan shall have the sole responsibility for providing and maintaining adequate drainage of surface waters from such lot or block. INTEREST IN SAID LANDS 59. The Owner hereby charges all its interest in the said Lands with the obligations set out in this Agreement. - 16 - PAYMENT OF MUNICIPAL COSTS 60. (1) Every provision of this Agreement by which the Owner is obliged in any way shall be deemed to include the words "at the expense of the Owner" unless the context otherwise requires. -(2) -The Owner upon-the-execution of- this Agreement shall reimburse the Municipality for any reasonable legal, planning, engineering and other technical advice and assistance actually incurred by the Municipality in connection with the preparation for and attendance at the Ontario Municipal Board hearings for the approval of the Municipality's By-law 79-24. (3) The Owner shall reimburse the Municipality for all reasonable legal expenses actually incurred for the preparation, registration of this Agreement, and the legal services contemplated by the terms of this Agreement, which shall include review of performance guarantee and the preparation of any release. (4). The Owner shall have the right to inspect, upon reasonable notice during regular business hours, such accounts, invoices, time records and other documents and calculations of charges for which the Town is seeking reimbursement. (5) The Owner shall pay to the Municipality for all engineering and inspection costs in accordance with the Provisions of Schedule "R" hereto. UNPAID CHARGES 61. The due dates of any sum of money payable herein, unless a shorter time is specified shall be thirty (30) days after the date of the invoice. Interest at the rate of prime plus six per cent (6%) annually shall be payable by the Owner to the Municipality on all sums of money payable herein, which are not paid on the due dates, calculated from such'-due dates. NOTIFICATION OF OWNER 62. If any notice is required to be given by the Municipality to the Owner in respect of this Agreement, such notice shall be sent by.registered mail or delivered to: Durham J.V. C/o East Woodbridge Developments Limited 8481 Keele Street, Unit 11A P.O. Box 5000 Concord, Ontario L4K 1B6 or such address as the Owner has notified the Municipality, in writing, and any such notice mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement. REGISTRATION OF AGREEMENT 63. The Owner and Mortgagee hereby consent to the registration of this Agreement by the Municipality and covenant and agree not to register or permit the registration of any document after registration of the plan of subdivision on any land included in the said Plan unless this subdivision agreement, and any deeds, easements or other documents required to be furnished thereunder, have first been registered against the title to the land included in the Plan. RENEGOTIATION AND AMENDMENT OF AGREEMENT 64. (1) The Owner agrees that the Municipality may at its option in the circumstances set out below on thirty (30) days written notice to the Owner declare this Agreement to be subject to renegotiation, whereupon the Owner agrees not to o l Y - 17 - undertake any construction or installation of any of the Works until this Agreement has been renegotiated. The Agreement may be subject to renegotiation if: (i) the Minister approves a Plan of Subdivision for the said lands which is substantially different from the Plan attached hereto as Schedule "B"; or (ii) the Plan of Subdivision is not finally approved by the Minister and registered within eighteen (18) months of the date of the execution of this Agreement; or (iii) the agreement between the Owner and the Regional Municipality of Durham has not been executed at the time of the execution of this Agreement, or such agreement has been executed and is subsequently amended, and the provisions of such agreement affect materially the location or sizing of any of the Works to be supplied and installed under the terms of this Agreement; or (iv) no construction or installation of any of the Works has commenced within two (2) years from the date of registration of the plan. and failing agreement, this Agreement shall be null and void. (2) The Parties may from time to time by mutual agreement amend the terms of - this Agreement and any of the Schedules but an amendment shall only be effective if in writing and executed under the seals and hands of the proper officers of each party. (3) The parties hereto acknowledge that at the time of the execution of this agreement, only a red lined copy of the plan of subdivision is. in existence and all descriptions in this Agreement and the Schedules annexed hereto refer to the descriptions in the red_lined -plan annexed hereto as Schedule "B". Upon the final plan of subdivision being approved by the Minister of Housing the final plan shall be substituted for the red lined plan annexed as Schedule "B" and all amendments necessary or requisite shall be made to conform with the descriptions used in this Agreement and the Schedules, (and without limiting the generality of the foregoing, in particular Schedules "B", "E", "F", "G", "N", 110", "P", "Q" and "T") with the final plan of subdivision. MUNICIPALITY TO ACT PROMPTLY 65. Wherever the Municipality, or the Solicitor, or the Treasurer for the Municipal- ity, or the Director, is required to take action pursuant to this Agreement, or is required to make a decision or render an opinion, or give the confirmation or give authorization, permission or approval, then such action, decision, confirmation, authorization, permission or approval shall be made promptly and in all respects the Municipality and its officers, servants.or agents shall act reasonably. ASSIGNMENT OF AGREEMENT 66. The Owner shall not assign this Agreement without prior written consent of the Municipality and no such assigmmnet shall relieve the Owner of any of his obligations under this Agreement. SCHEDULES TO AGREEMENT 67. The following schedules which are identified by the signatures of the parties to this Agreement, and which are attached hereto, together with all provisions contained therein, are hereby made a part of this Agreement as fully and to all intents, and. purposes as though recited in full herein: Schedule "A" - "Legal description of said land" Schedule "B" - "Plan of Subdivision for final approval" Schedule "C" - "Charges against said Lands" l - 18 - Schedule "D" - "Development charges" Schedule "E" - "Grants of easements to be dedicated" Schedule "F" - "Lands and/or cash to be dedicated" Schedule "G" - "Works required" Schedule "H" - "Utilities required" Schedule "I" - "Duties of Owner's Engineer" Schedule "J" - "Cost.Estimates" Schedule "K" - "Insurance policies required" Schedule "L" - "Regulations for Construction" Schedule "M" ' "Use of said lands" Schedule "N" - "Lands unsuitable for building" Schedule "0" - "Lands requiring site plan" Schedule "P" - "Oversized and/or External Services" Schedule "Q" - "Ganaraska Region Conservation Authority's Works" Schedule "R" - "Administration Fees" Schedule "S" - "Minister's Condition" Schedule "T" - "Lands Deferred" MORTGAGEE 68. The Mortgagee does hereby postpone his mortgage to this Agreement with the intent that this Agreement shall take effect as though dated, executed and registered prior to the mortgage and the Mortgagee covenants and agrees that in the event that he obtains ownership of the said lands by foreclosure or otherwise, he shall not use or develop the said lands except in conformity with the provisions of this Agreement. SUCCESSORS 69. This Agreement shall enure to the benefit of and be binding upon all of the parties hereto, its, his or her respective heirs, executors, administrators, successors or assigns. l - 19 - IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) Per Mayor a Clerk I EAST WOO DEVELOPMENTS RID DEVELOPMENTS LIMITED Per ice-President MUTT ENTERPRISES LIi ED _ ) Per: ✓ esident CHALKFARM INVESTORS INC. ' Per- Secretary DOUGLAS JOHN CUNNINGHAM i ) EMILIO.G IN IN TRUST . V MUTT ENTERPRISE$ LIMITED i Per: President SCHEDULE "A" LEGAL DESCRIPTION OF SAID LANDS IN the Town of Newcastle in the Regional Municipality of Durham formerly in the Village-of-Newcastle in the County of Durham being those parts of Lots 29 and-30, in -Concession 1 of the original Township of Clarke in the County of Durham designated as Part 2, on a Plan of Survey of record in the Land Registry Office, Land Titles Division of Newcastle at Newcastle as 1OR--535. THE above described parcel of land contains by admeasurement an area of 28.909 acres more or less. THIS SCHEDULE is Schedule "A" to the Agreement which has been authorized and approved by By-law No. So-W I" of the Town of Newcastle, enacted and passed the OU dW day of r4 0%1. 1980 . IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED& DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) Per % Mayor Clerk EAST WO I1 RIDG DEVELOPMENTS LIMITED Per V ce-President MUTT ENTERPR ESE "LIMITED 7 Per: President ), CHALKFARM INVESTORS INC. P Secretary DOUGLAS JOHN CUNNINGHAM EMILIO N IN TRUST Per: �. MUTT ENTERPRISES L TED Per: ///®rl resident SPage 1 of 1 SCHEDULE "C" CHARGES AGAINST SAID LANDS (1) MUNICIPAL TAXES Nil (2) LOCAL IMPROVEMENT CHARGES Nil (3) DRAINAGE CHARGES Nil THIS SCHEDULE IS Schedule "C" to the Agreement which has been authorized and approved b� B -law No. 60'IS4 of the Town of Newcastle, enacted and passed the *day of NOV. 1980 . IN WITNESS WHEREOF the parties hereto have hereunto.set their hands and seals. the day and year first above written and the parties hereto have hereunto affixed-their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) Per Mayor Clerk EAST WOQ BRIDGE DEVELOPMENTS LIMITED - ) Per 4A ice-President MUTT ENTERPR 3 IMITED j n � Per: i President CHALKFARM INVESTORS INC.. P Secretary DOUGLAS JOHN CUNNINGHAM EMILIO N IN TRUST Per. MUTT ENTERPRISES L ED l l ) Per: -' i ) President / V Page 1 of 1 SCHEDULE "D" DEVELOPMENT CHARGES The Owner shall pay to the Municipality development charges of $148,500.00 (calcu- lated at the rate of $1,500.00 for each dwelling unit) which shall be paid as follows: - forty-three thousand and five hundred dollars ($43,500) of the aforesaid sum upon signing of the subdivision agreement; - thirty-four thousand and five hundred dollars ($34,500) of the aforesaid sum upon release of the second phase; - thirty-four thousand and five hundred dollars ($34,500) of the aforesaid sum upon the issuance of the building permit for the fifty-second (52nd) dwelling unit; - the remainder of any unpaid development charges eighteen (18) months after signing of the Subdivision Agreement. For the purposes of this Schedule and the Agreement development levies actually paid to the Municipality shall be applied in the first instance on a pro-rata basis against all lots or blocks within the Plan upon which it is contemplated by this Agreement that residences shall be built but, upon the issuance of the first building permit and thereafter, the development levies shall be first applied in full satisfaction of the development levies owing on the lots or blocks in respect of which the building permits have been issued and the balance of any development levies. acuually paid to the Municipality (if any) shall be applied on a pro-rata basis against all lots or blocks within the Plan upon which it is contemplated by this Agreement that residences shall be built but for which no building permit has been issued. For the purposes of this Schedule and the Agreement the number of building permits issued shall be the aggregate of all building permits issued with respect to any lot or block within the Plan whether issued to the owner or any other person. The Owner shall pay to the Town of Newcastle on behalf of the Newcastle Hydro Electric* Commission the sum of $14,850.00 (claculated at the rate of $150.00 per dwelling unit) upon the signing of this Agreement. THIS SCHEDULE is Schedule "D" to the Agreement which has been authorized and approved by By-law No. 90 of the Town of Newcastle, enacted and passed the 21� day of 1986 . Page 1 of 2 SCHEDULE "D" IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first -above written and the parties hereto have hereunto affixed their corporate--seals-by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) ). Per Mayor Clerk EAST BRI E DEVELOPMENTS LIMITED Per Vice—President MUTT ENTE ES ITED Per: President CHALKFARM INVESTORS INC. Per: Secretary DOUGLAS JOHN CUNNINGHAM EMILIO GAMBIN IN TRUST MUTT ENTERPRISES L1I D Per: President Page 2 of 2 SCHEDULE "E" GRANTS OF EASEMENTS TO BE DEDICATED The Owner shall deliver to the Municipality, in a form satisfactory to the Munici- pality, the following easements: - (a) the easterly twenty (20) feet of Lots 98 & 99, being Parts 9 and 10 respectively on Plan lOR- (b) the westerly twenty (20) feet of Lots 93 & 94, being Parts 7 & 8, respectively on Plan lOR- (c) the westerly four (4) feet of Lot 29, being Part 1 on Plan lOR- (d) the easterly four (4) feet of Lot 30, being Part 2 on Plan 10R- (e) the westerly four (4) feet of Lot 63, being Part 3 on Plan 1OR- (f) the easterly four (4).. feet of Lot 64, being Part 4 on Plan 10R- (g) the westerly four (4) feet of Lot 79, being Part S on Plan lOR- (h) the easterly four (4) feet of Lot 80, being Part 6 on Plan lOR- THIS SCHEDULE is Schedule "E" to the Agreement which has been authorized and approved by By-law No.eO-/S4 of the Town of Newcastle, enacted and passed the 21 ST day of AJOV. 1980 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE - In the presence 'of: ) Per Mayor Clerk EAST W t BR DEVELOPMENTS LIMITED • ) Per Vice-President MUTT ENTERPRISES LIMITED Per: �- - President CHALKFARM INVESTORS INC. er: Secretary DOUGLAS JOHN CUNNINGHAM EMILIO IN UST uG 2L,& P MUTT ENTERPRISES L MITED It ) Per: �d_ ; President P.., e 1 of 1 SCHEDULE "F" LANDS TO BE DEDICATED DEDICATION OF LANDS The Owner shall deliver to the Municipality in a form satisfactory to the Municipality deeds to the following land•on Plan M- (a) Blocks 103 and 106 for park purposes (b) Blocks 108, 109, 110, 111 and 112 for 1' - reserves (c) Block 105 for conservation and open space purposes (d) Block 102 for temporary access road (e) Block 100 for future municipal purposes (f) Block 101 for future municipal road THIS SCHEDULE is Schedule "F" to the Agreement which has been authorized and approved by By-law No.80 - 164 of the Town of Newcastle, enacted and passed the Z� Cjr day of NQY• 1980 . IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed-their corporate seals by the hands. of their proper officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) Per Mayor ,p Clerk EAST WOO RID E DEVELOPMENTS LIMITED j Per /Vice-President MUTT ENTERPRI L TED Per: President CHALK FARM I STORS INC. P r: Secretary DOUGLAS JOAN CUNNINGHAM EMILIO IN T T Pe . MUTT ENTERPRISES LIMITE Per: �� y SCHEDULE "G" WORKS REQUIRED - -- 1. STORM SEWER SYSTEM The Owner shall construct, install, supervise and maintain a complete storm drainage system, for the removal of upstream storm water and storm water originating within the said lands, including storm sewer mains, manholes, service connections, catchbasins and leads, open channels, storm outfalls, and any other appurtenances to the nearest suitable outlet, as may be required in accordance with the Town of Newcastle's Design Criteria and Standard Drawing. The Owner agrees to produce Engineering Drawings for the storm drainage system, to the satisfaction of the Director of Public Works. 2. ROADWAYS The Owner shall construct and install the following services on the various streets, shown on the Plan (a) All roads shall be local roadways with a minimum width of 28 feet. - (b) The grading and paving of all streets, including the installation of Granular 'A' and Granular 'B' material to provide a proper base for paving, shall be as per the Town of Newcastle Design Criteria & Standard Drawings. (c) The Owner shall construct curbs and gutters on both sides of all streets, as per the Town of Newcastle's Design Criteria & Standard 'Drawings. (d) The Owner shall construct, install and maintain complete sidewalks in accordance with the Town of Newcastle's Design -Criteria & Standard Drawings. (i) MEADFORD BOULEVARD Both sides. (ii) ROSEMEAD LANE North side only, to bulb of cul-de-sac at far easterly portion of Plan. (e) The Owner agrees to the grading and paving of all driveways between the curbs and sidewalks, in accordance with the.Town of Newcastle's Design Criteria & Standard Drawings. In areas where there are no sidewalks, driveways will be paved to the property line. (f) The Owner agrees to construct, install and maintain Street Lighting, in accordance with the Town's specifications, on all streets and walkways, to the satisfaction of the Director of Public Works. (g) The Owner agrees to the topsoiling and sodding of the boulevards between the curbs and the property line, as according to the Town of Newcastle's Design Criteria and to the satisfaction of the Director of Public' Works. (h) The Owner agrees to supply, install and maintain traffic signs and permanent street-name signs, in accordance with the Town of Newcastle's Design Criteria & Standard Drawings and to the satisfaction of the Director of Public Works. Page 1 of 5 (i) The Owner shall provide, plant and maintain, under the supervision of a qualified nurseryman or horticulturist (and guarantee for one year from date of planting) one tree on each lot, as per the Landscaping Plan and in - accordance with the Town of Newcastle's Design Criteria and as approved by the Director of Public Works, excepting those lots as shown by the Tree Preservation Plan where vegetation suitable to the Director will be maintained. Trees to be Crimson King Maple and Norway Maple, 6 feet to 8 feet in height, and one-inch caliper, staked and bagged if necessary. 3. PEDESTRIAN WALKWAYS The Owner shall construct, install and maintain complete Pedestrian Walkways, including all appropriate fencing and lighting, in accordance with the Town of Newcastle's Design Criteria & Standard Drawings and Engineering Drawings as approved by the Director of Public Works. LOCATIONS TO BE AS FOLLOWS: - (a) Between Lots 83 and 84, and across Blocks 105 and 106, from Rosemead Lane to the edge of pavement on the north side of Sunset Boulevard. (b) Along the north side of Lot 94 to Block 103, from the east limit of Meadford Boulevard to the east limit of Lot 94. 4. TEMPORARY TURNING CIRCLES The Owner shall provide and grant to the Town any temporary easement as are required by the Town's Standard Drawings, and .construct and maintain such turning circles in accordance with the Town of Newcastle's Design Criteria & Standard Drawings, approved by the Director of Public Works. If temporary turning circles are not provided, dead-end barricades are to be erected. 5. CONSERVATION WORKS In addition to the work required by Schedule '0' , the Owner shall construct, install and maintain certain Conservation Works within the Plan, such as: retaining walls, drainage channels and watercourse channelization works, including all appropriate fences and other apparatus, in accordance with the Engineering Drawings, as approved by the Director of Public Works, on the following lands to be dedicated to the Municipality: - - Drainage channel across Block 105 6. FENCING The Owner agrees to provide, erect and maintain fencing, as per the Engineering Drawings approved by the Director of Public Works and in accordance with the Town's Standard Drawings, on the following locations (all fencing to be four feet in height) . (a) , Along the east and west limits of Block 102. (b) Along the south limit of Lot 84. (c) Along the north limit of Lot 83. (d) Along the rear of Lots 83. to 89 inclusive and Lots 91 to 94 inclusive. (e) Along the north limit of Lot 94. (f) Along the west limit of Baldwin Street, from Sunset Boulevard to Block 105. (g) Along the wouth limit of Blocks 105 & 106. Page 2 of 5 7. LOT GRADING The Owner agrees to rough grade all blocks and parks (except Block 104) to the satisfaction of the Director of Public Works and in accordance with the Engineer- ing Drawings and as per the Tree Preservation Plan. 8. SCREEN PLANTING- & OTHER WORKS FOR BLOCK 107 The Owner agrees to supply plant and maintain Screen Planting along' the southern perimeter of Block 107 as well as along the perimeter of the east and west block boundaries to a point 50' north of the southern boundary of said block, to the satisfaction of the Director of Public Works and as per the Landscaping Plan. The Screen Planting will be as follows: (a) Mountain Ash, Crimson King Maple, Norway Maple - planted, bagged and staked, 6 ft. to 8 ft. in height and planted at 15 ft. intervals. (b) Cedar shrubs planted within the 15 ft. intervals and staggered. All shrubbery to be 4' in height and to have a spacing of 3 ft. 6" maximum. (c) A grouping of five Austrian Pines around .the pumping station. The Austrian Pines are to be a minimum of 4 ft. in height and at maximum spacing of 4 ft. (d) The Owner also agrees to relocate the existing driveway entrance from Rudell Road onto Rosemead Lane. (e) The Owner also agrees to provide a 20 ft. access driveway, to the satisfaction of the Director of Public Works, from the curb line to the sewage pumping station. The driveway within Block 107 to have a minimum of 6 ins. St. Mary's Granular 'A' material. (f) The Owner agrees to grade and sod this block to the satisfaction of the Director. All trees and shrubbery to be planted by a qualified nurseryman or horticul- turalist. 9. SCREEN PLANTING The Owner agrees to supply and erect Screen Planting to the satisfaction of the Director of Public Works and as per the Landscaping Plan, in the following locations: - (a) Mountain Ash/Crimson King Maple/Norway Maple. 6 to 8 ft. minimum height - staked and bagged if necessary - 10 ft. maximum spacing (i) Along the west limit of Lots 3 to 5 inclusive (ii) Along the east and west limits of Block 102. (b) The Owner agrees to grade and sod Block 100 to the satisfaction of the Director. 10.; TEMPORARY ACCESS ROAD (BLOCK 102) . The Owner agrees to supply and construct and maintain the Temporary Access Road on Block 102, to the satisfaction of the Director of Public Works and in accordance with the approved Engineering Drawings. Page 3 of 5 11. EXTERNAL WORKS The Owner agrees to pay half of the cost of reconstruction of Rudell Road abutting his lands. (a) the reconstruction program will include: 1. Storm sewer system and all appurtenances. 2. Installation of Granular 'A' and Granular 'B' material and paving to a pavement width of 28 ft. 3. Curbs, gutters and sidewalks. 4. Sodding of boulevards. 5. Paving of driveway approaches. 6. Street lighting. (b) The Owner agrees to improve any required ditching from the north limit of the subdivision to the south limit of Ruddell Road. All work to be constructed to the Town of Newcastle's Design Criteria & Standard Drawings. ESTIMATED COSTS: Total - Construction $275,000.00 Total - Developer's Share $ 34,375.00 THIS SCHEDULE IS Schedule "G" to the Agreement which has been authorized and approved by By-law No. 80 — f54 of the Town of Newcastle, enacted and passed the Z� dJT day of 0V. 1980 F Page 4 of 5 SCHEDULE "G" IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and 'the parties hereto have hereunto affixed -their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED_, SEALED & DELIVERED ) 'THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) Y. Per Mayor Clerk EAST W DBR DGE DEVELOPMENTS LIMITED Per Vice-President MUTT ENTE ES LIMITED Per: President CHALKFARM INVESTORS INC. Per: Secretary DOUGLAS JOHN CUNNINGHAM EMILIO IN IN UST i ) Per: } MUTT ENTERPRISES L TED } Per: President : ,Page 5 of 5 SCHEDULE "H" UTILITIES REQUIRED (1) ELECTRICAL SUPPLY SYSTEM The Owner shall arrange with the appropriate Public Utilities Commission having jurisdiction for the design, provision and installation of an electrical supply system to serve the lands, in the locations as approved by the Director. All electrical services are to be installed underground. (2) STREET LIGHTING SYSTEM The .Owner shall arrange with the appropriate Public Utilities Commission-having jurisdiction for the design, provision and installation of a complete street lighting system to serve the said Lands on behalf of the Municipality in whose ownership the system shall vest upon completion including all appurtenant apparatus and equipment, in the locations as approved by the Director. The Owner shall furnish written evidence satisfactory to the Director that such arrangements have been made prior to the issuance of any Authorization to Commence Works. (3) TELEPHONE SYSTEM The Owner shall arrange with the Community Telephone Limited and/or Bell Canada for the design, provision and installation of a telephone system to serve the said Lands, as approved by the Director. All telephone services are to be installed underground. (4) GAS SUPPLY SYSTEM The Owner shall arrange with Consumer's Gas Company Limited for the design, provision and installation of a complete gas supply system to serve the said Lands, including gas mains, and all appurtenant manholes, laterals, service connections, apparatus and equipment in the locations as approved by the Director. (5) CABLE TELEVISION The Owner shall arrange with the Cable Television Company having authority to provide its services within the area of the Plan of Subdivision for the design, provision and installation of a complete cable television distribution system to serve the said Lands. All cable television services are to be installed underground. THIS SCHEDULE is Schedule "H" to the Agreement which has been authorized and approved by By-law No.160 • 1464 of the Town of Newcastle, enacted and passed the 2.1 cur day of Nov. 1980. Page 1 of 2 l L - SCHEDULE "H" IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and •the parties hereto have hereunto affixed their corporate seals by the hands -of their proper officers duly authorized in• that behalf. SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) Per _ ) Mayor \ Clerk EAST IDBRt, GE DEVELOPMENTS LIMITED Per Vic President MUTT ENTE RIS ITED Per: President CHALKFARM INVESTORS INC. Per: Secretary DOUGLAS JOHN CUNNINGHAM EMILIO GAMBIN I TRUST Per: MUTT ENTERP SES LIMITE) Per: l/ resident Page 2 of 2 SCHEDULE "I" DUTIES OF OWNER'S ENGINEER (1) DESIGN WORKS AND PRIVATE WORKS The Owner's Engineers shall design all the Works. PREPARE DRAWINGS, PLANS AND DOCUMENTS The Owner's Engineers shall prepare the following for the approval of the Director: .(a) the Engineering Drawings; (b) the Grading and Drainage Plan; (c) the Landscaping Plan; (d) the Schedule of Work; (e) the Staging Plan; (f) the Works Cost Estimate; and (g) the Stage Cost Estimate. The approval of the Director shall not absolve the Owner or the Owner's Engineer of the responsibility for any errors or ommissions in the above drawings, Plans or documents. (2) REPRESENT OWNER AND OBTAIN APPROVALS The Owner's Engineer shall act as the Owner's representative in all matters pertaining to the construction and installation of the Works and shall co-operate with the Municipality to obtain the necessary approvals for construction and - installation. (3) PROVIDE RESIDENT SUPERVISION The Owner's Engineer shall provide fully qualified supervisory layout and inspection staff to provide continuous service during all phases of the construction and installation of the Works and the Private Works and to- perform the following: (a) provide field layout including the provision of line and grade to the contractors and, where required, restaking; and (b) inspect the construction and installation to ensure that all work is being performed in accordance with the contract documents; and (c) arrange for or carry out all necessary field testing of materials and equipment installed or proposed to be installed at the request of the Director; and (d) provide coordination and scheduling of the construction and installation in accordance with the timing provisions contained herein and the require- ments of the Director; and (e) investigate and report to the Director any unusual circumstances which may arise during the construction and installation; and (f) obtain field information, during and upon completion of the .construction and installation, required to modify the Engineering Drawings to produce the As-constructed drawings. Page 1 of 2 } (4) MAINTAIN RECORDS The Owner's Engineer shall maintain all records pertaining to the construction and installation. (5) PROVIDE PROGRESS REPORTS The Owner's Engineer shall provide the Director with reports on the progress of the construction and installation on a monthly basis, or at such other interval as approved by the director. (6) PREPARE AS-CONSTRUCTED DRAWINGS The Owner's Engineer shall prepare the As-constructed Drawings for the approval of the Director. THIS SCHEDULE is Schedule "I" to the Agreement which has been authorized and approved by By-law No.$0- 1 4 of the Town of Newcastle, enacted and passed the 21 Sr day of NQV. 1980 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed -their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED ) -THE CORPORATION OF .THE TOWN OF NEWCASTLE In the presence of: ) Per Mayor Clerk EAST WQ DB DGE DEVELOPMENTS LIMITED Per Vice-President MUTT ENTERP ES IMITED Per: ' President CHALKFARM INVESTORS INC. Per: Secretary DOUGLAS JOHN CUNNINGHAM Z11 / ) EMILIO GAMBIN IN TRUST P . MUTT ENTERPRISES LI ED > ��� Per: �� - President 1 Page 2 of 2 SCHEDULE "J" ROMNEY MEAD NO. 18T-19720 ESTIMATED COST .OF WORKS STAGE 1 Storm sewers (including pipes, manholes, catchbasins and connections, headwalls and appurtenances) $ 58,500.00 Roads (including fine grading, granular base, asphalt, curbs and gutters and sodding of boulevards etc.) $ 154,725.00 Rough Grading $ 15,000.00 Sidewalks $ 5,450.00 Underground Hydro Distribution System (Preliminary) $ 30,000.00. Engineering and contingencies (10%) $ 26,367.50 STAGE I TOTAL ESTIMATED COST OF SERVICES $ 290,042.50 ' STAGE Storm sewers (including pipes, manholes, catchbasins and connections, headwalls and appurtenances) $ 198;200.00, Roads (including fine grading,. granular base, asphalt, curbs and gutters and sodding of boulevards, etc.) $ 300,370.00 Rough Grading $ 43,150.00 Sidewalks $ 31,800.00 Underground Hydro Distribution System (preliminary) $ 70,000.00 Engineering and contingencies (10%) $ 64,352.00 STAGE 2 TOTAL ESTIMATED COST OF SERVICES $ 707,872.00. The Performance Guarantee has been based on Preliminary Estimates only and, when the final Engineering Drawings have been approved by the Director of Public Works, a revised Cost Estimate of the Works, Hydro, Engineering and Contingencies shall be prepared by the Owner's Engineer and submitted to the Director of Public Works for his approval. This revised Cost Estimate shall be used as a basis to adjust the Performance Guarantee, if the Estimate increases or decreases. THIS SCHEDULE is Schedule "J" to the Agreement which has been authorized and approved b By-law No. 80— IS4 of the Town of Newcastle, enacted and passed the Z�Sr day of N OV 1980 Page 1 of 2 , SCHEDULE "J" IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and "the parties hereto have hereunto affixed -their corporate seals by the hands of their proper officers duly authorized irr that-behalf. SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) Per Mayor Clerk EAST WOODP 'IDG DEVELOPMENTS LIMITED Per ice—President MUTT ENTERPRISES IMITED Per: President ' CHALKFARM INVESTORS INC. Per- ) Secretary DOUGLAS JOAN CUNNINGHAM EMILIO GAMB N IN TRUST Per. MUTT ENTERPRISES Lt D Per: /�`" sident l -Page 2 of 2 SCHEDULE "K" INSURANCE POLICIES REQUIRED (1) TYPES OF COVERAGE REQUIRED The Owner shall obtain and maintain insurance of the character commonly referred -to as public liability and property damage with an insurance company approved by the Municipal Treasurer and duly authorized by law to underwrite such insurance. Such policy or policies of insurance shall indemnify the Municipality against all damages or claims for damages for: (a) any loss or damage that shall or may happen to any of the Works or any of the Utilities or to any part or parts thereof respectively; and (b) any loss or damage that shall or may happen to any of the materials or any of the equipment or any other things used to construct or install any of the Works or any of the Utilities or any part or parts thereof respectively; and (c) any injury to any person or persons including workmen employed on the said Lands and the public; and (d) any loss or damage that shall or may result from the storage, use or handling of explosives; and (e) any loss or damage that shall or may result from the drainage of surface waters on or from the said Lands; and (f) any loss or damage that shall or may result from the disposal of effluent from any sewage disposal works; and (g) any loss or damage that shall or may happen to any public road or to any other property of the Municipality or to the property of any other person either directly or indirectly by reason of the Owner undertaking the development of the said Lands together with any or all of the Works and Utilities pertaining thereto; (2) AMOUNTS OF COVERAGE REQUIRED Policy_ or policies of insurance shall be issued jointly in the names of the Owner and the Municipality and shall provide the following minimum coverages; (a) $1,000,000.00 for loss or damage resulting from bodily injury to, or death of, any one person; and (b) $2,000,000.00 for loss or damage resulting from bodily injury to, or death of, two or more persons arising out of the same accident; and (c) $1,000,000.00 for any one occurrence of property damage. The issuance of such policy or policies of insurance shall not be construed to relieve the Owner from responsibility for other or larger claims for which it may be held responsible. (3) EXEMPTION OF COVERAGE PROHIBITED The policy or policies of insurance shall contain no coverage exemptions or limitations for: (a) any shoring, underpinning, raising or demolition of any building or structure; or (b) any pile driving or caisson work; or (c) any collapse or subsidence of any building, structure or land from any cause; or Page 1 of 2 (d) any storage, handling or use of explosives. THIS SCHEDULE is Schedule "K" to the Agreement which has been authorized and approved by By-law No. 190 - I54 of the Town of Newcastle, enacted and passed the 219-W day of )40V. 1980 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed •their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED ) -THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) - Per j Mayor _771 Clerk EAST WO DBRI DEVELOPMENTS LIMITED Per Vic -President MUTT ENTE S ITED Per: President CHALKFARM INVESTORS INC. Per: Secretary DOUGLAS JOHN CUNNINGHAM EMILI IN IN TRUST Pe �. MUTT ENTERPRISES L ED ((/J Per: President Page 2 of 2 l� SCHEDULE "L" REGULATIONS FOR CONSTRUCTION (1) REQUIREMENTS FOR BLASTING The Owner shall, prior to commencing any blasting, obtain from the Director, permission to carry out the blasting operation. (2) REMOVAL OF TOP SOIL The Owner shall not remove any top soil from the said Lands except for, construction purposes and such top soil must remain within the limits of the said Lands. (3) DUMPING OF FILL OR DEBRIS The Owner agrees to neither dump, or permit to be dumped, any fill or debris on, nor to remove, or permit to be removed any fill from any lands to be dedicated to the Municipality other than the roads within the limits of the said Lands, without the written consent of the Director. (4) DISPOSAL OF CONSTRUCTION GARBAGE All construction garbage and debris from the said Lands must be 'disposed of in an orderly and sanitary fashion in a dumping area off the said Lands provided by the Owner and approved by the Director. The Municipality shall not be responsible for the removal or disposal of garbage and debris. The Owner agrees to deliver a copy of this Clause to each and every builder. obtaining a building permit for any part of the said Lands. (5) QUALITATIVE AND QUANTITATIVE TESTS The Owner agrees that the Municipality may have qualitative or quantitative tests made of any materials or equipment installed or proposed to be installed. The costs of such tests shall be paid by the Owner. (6) MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS The Owner shall, at all times during the life of this Agreement ensure that all public roads abutting the said Lands and all public roads used for access to the said Lands, during any construction on the said Lands, shall be maintained in a condition equal to that now existing and to the approval of the Director. The Owner shall maintain, at all times, all such roads free of dust and mud originating from the lands during the course of construction. If damaged, the Owner agrees to restore immediately, and at its expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Director. No public road outside the limits of the said Lands 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 untravelled portion of any public road allowance without the prior written approval of the authority having jurisdiction over such public road allowance. (7) MAINTENANCE OF INTERNAL ROADS The Owner shall, prior to the placement of the final surface treatment on any road required to be constructed under this Agreement, remove any contamination of the base course and repair and replace such base course, where necessary, to, the approval of the Director, in order that the construction of such road shall not have suffered due to any use of the base course as a temporary road. Paje 1 of 2 (8) WEED AND RAT CONTROL After the commencement of construction the Owner shall institute upon the Lands a programme of weed and rat control to the satisfaction of the Director. (9) PERMISSION TO BURN The Owner shall, prior to seeting any fires on the subject Lands, obtain permission from the Newcastle Fire Department. THIS SCHEDULE is Schedule "L" to the Agreement which has been authorized and approved by By-law No. SO- V504 of the Town of Newcastle, enacted and passed the 21 W- day of NOV. 1980 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first-above written and the parties hereto have hereunto affixed -their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED ) -THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) Per Mayor Clerk* EAST WO DBR DGE DEVELOPMENTS LIMITED Per Vice-President MUTT ENTERP ES LI�ITED Per: - President CHALKFARM I STORS INC. P oe - Secretary DOUGLAS JOHN CUNNINGHAM EMIL N IN TRUST ) P r: MUTT ENTERPRISES LI D Per: President Page 2 of 2 SCHEDULE "M" USE OF SAID LANDS The Owner agrees that the said lands shall not be used for any purpose other than as set our-in-the following table: LOT OR BLOCK NUMBER LAND USE All In accordance with provisions of Restricted Area By-law No. 79-24. THIS SCHEDULE is Schedule "M" to the Agreement which has been authorized and approved by By-law No. 130-JST of the Town of Newcastle, enacted and passed the 21 Sr day of NQV, 1980 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) Per Mayor Clerk EAST WO DBRI GE DEVELOPMENTS LIMITED • ) Per V ce-President MUTT ENTERPRISES L ITED Per: � President CHALKFARM INVESTORS INC. er: Secretary DOUGLAS. JOHN CUNNINGHAM EMIL G IN IN TRUST MUTT ENTERPRISES LIMITE ? Per: /. �. President ,Page 1 of 1 SCHEDULE "N" LANDS UNSUITABLE FOR BUILDING The Owner agrees that no application will be made for a Building Permit for the erection of any structure on any of the said lands listed in the-following table, -- - until the conditions listed in the following table have been satisfied to the . approval of the Director of Public Works and/or any other Authorities having jurisdiction. LOT OR BLOCK NUMBER CONDITIONS TO BE SATISFIED Nil Nil THIS SCHEDULE is Schedule "N" o the Agreement which has been authorized and approved by By-law No. �4 of the Town of Newcastle, enacted and passed the Z( day of 19810 . IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto. have hereunto affixed-their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) Per Mayor Clerk EAST W ODBRI GE DEVELOPMENTS LIMITED Per ice-President MUTT ENTERPRIS S L TED, Per: President CHALKFARM INVESTORS INC. Per* Secretary DOUGLAS JOHN CUNNINGHAM J j EMILIO G IN IN TRUST • ) Pe MUTT ENTERPRISES LIMITED Per: ,I A/ esident Page 1 of 1 SCHEDULE "0" LANDS REQUIRING SITE PLAN The Owner agrees that no application will be made for a Building Permit for the erection of any structure on any of the lands listed in the following table until a Site- Plan Agreement has been entered into with the Municipality and the Building Permit complies in all respects with the terms of the Site Plan Agreement. LOT OR BLOCK NUMBER Nil THIS SCHEDULE is Sch dule "0" to the Agreement which has been authorized and approved by By—law No. 50' 154 of the Town of Newcastle, enacted and passed the 21 ST day of 0104. 198 O IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed-their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED b DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) Per Mayor Clerk EAST W, DBRI GE DEVELOPMENTS LIMITED . ) Per Vv Vice—President MUTT ELATE RIS 7IMITED Per: President CHALKFARM INVESTORS INC. P Secretary DOUGLAS JOHN CUNNINGHAM EMILIO GAT IN IN TRUST Pe MUTT ENTERPRISES LIMI Per: President Pake 1 of 1 SCHEDULE "P" OVERSIZED AND/OR EXTERNAL SERVICES Nil THIS SCHEDULE is Schedule "P" to the Agreement which has been authorized and approved by By-law No. Ip.154 of the Town of Newcastle, enacted and passed the day of NOv 1980 . IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) Per Mayor Clerk EAST W, DBRI \E DEVELOPMENTS LIMITED Per Vice-President MUTT ENTE S S L ED Per: // President CHALKFARM INVESTORS INC. Per: Secretary DOUGLAS JOHN CUNNINGHAM EMILIO�GAMBIN IN TRUST x Pe _ C MUTT ENTERPRISES LIMITED Per: / v ` resident Page 1 of 1 l � SCHEDULE "Q" GANARASKA REGION CONSERVATION AUTHORITY'S WORKS (1) The Owner agrees to neither place or remove fill of any kind, whether origina- ting on the site or elsewhere, without the written consent of the Ganaraska Region Conservation Authority. (2) The Owner agrees not to alter any existing vegetation in Blocks 103, 105, and 106 without the written consent of the Ganaraska Region Conservation Authority. THIS SCHEDULE is Schedule "Q" to the Agreement which has been authorized and approved by By-law No. ft- 16+ of the Town of Newcastle, enacted and passed the 01W day of NOV 1980 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) Per Mayor Clerk EAST W DBRI GE DEVELOPMENTS LIMITED Per Vice-President MUTT ENTE RI TED Per: President CHALKFARM INVESTORS INC. Per• Secretary DOUGLAS JOHN CUNNINGHAM EMILIO GAMBIN IN TRUST Per: MUTT ENTERPRISES LIMI D Per: / e President Page 1 of l SCHEDULE "R" ADMINISTRATION FEES FOR DEVELOPMENT Estimated Costs of Works Engineering Fees Less than $50,000.00 Acutal cost of services' up to a MAXIMUM of $5,000.00 $50,000.00 to $100,000.00 $5,000.00 or 4% of the total estimated cost of services whichever is greater $100,000.00 to $500,000.00 $5,000.00 or 3.5% of the estimated cost of services whichever is greater .. $500,000.00 to $1,000,000.00 $20,350.00 or 3% of the estimated cost of services whichever is greater $1,000,000.00 to $2,000,000.00 $33,000.00 or 2.5% of the estimated cost of services whichever is greater $2,000,000.00 to $3,000,000.00 $55,000.00 or 2.25% of the estimated cost of services whichever is greater $3,000,000.00 to $4,000,000.00 $74,250.00 or 2% of the estimated cost of services whichever is greater For the purposes of this Schedule cost estimates as specified - in Schedule "J" for Underground Hydro Distribution System shall not be included for the purposes of calculating administration fees as contemplated by this Schedule. THIS SCHEDULE is Schedule "R" to the Agreement which has been authorized and approved by By-law No.00-154 of the Town of Newcastle, enacted and passed the day of N�. 198 Q . Page 1 of 2 l SCHEDULE "R" IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the and year first above written and 'the parties hereto have hereunto affixed -their"- corporate seals by the hands of their proper officers duly authorized in• that beha SIGNED_ , SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLI In the presence of: ) Per Mayor . Clerk EAST W DBRID E DEVELOPMENTS LIMITED Per V'ce—President MUTT ENTERP L ED Per: President CHALKFARM INVESTORS INC. er: Secretary DOUGLAS JOHN CUNNINGHAM EMILIO GAMBIN IN TRUST L Pe MUTT ENTERPRISES LIMIT Per: ) - ; resident . v ' ••. Page -2 .of 2' SCHEDULE "S" MINISTER'S AMENDED DRAFT PLAN CONDITIONS NO. 18T-19720 i' r Ontario Ministry Plans Administration Division 56 Wellesley St. West of 8th Floor Housing 965-6418 Toronto.Ontario MBA 21C4 August 21, 1978 Durham Estates c/o Milani and Milani Holdings Limited 44 .Uplands Avenue Thornhill, Ontario L4J 1K2 Attention: Ms . Protich Subject: Town of Newcastle Lots 29 and -'30 , Conc. 1 (Village of Newcastle) _ Our File No. 18T-19720 Dear Ms. Protich: I Our review of your request to amend this plan' s draft approval is now complete. All conditions of approval previously issued are now deleted under Section 33 (12) of The Planning Acct° and replaced by the following:- The. Mi.nister's conditions and amendments applying to -the approval of the final plan for registration of _the subject subdivision are as follows: 1. That this approval applies to the draft plan I drawing number DP-1, (Richard Strong & I Steven i5oorehead Limited) , by A. Kikas, I Ontario Land Surveyor dated November 1977, revised May 16 , 1978, which shows a total of 100 lots for single family detached dwellings. i t ; .. 2. That the road allowances included in this draft \� plan of subdivision including Boulevard Block A shall be dedicated as public highways. �3. That the street shall be named to the satis- faction of the municipality and the Region. (Page 1 of 6) SCHEDULE "S" 4 . That the owner conveys land in the amount of 5% of the land included in the plan to the municipality for park purposes pursuant to the provisions of section 33 (5) (a) of The Planning Act. 5. Tl� at Block AA be conveyed to the Town of Newcastle for conservation and open space _ purposes . 6 . That Block E be conveyed -to the Town for a temporary access road. 7. That any dead ends and open sides of road allowances created by this plan of subdivision shall be terminated in one-foot reserves, to be conveyed to the municipality and held in trust by the municipality until required for -future road allowances or the development of adjacent land. In addition, one foot reserves will be conveyed to the Town along the westerly limits of lots 1 to 5 and 54 , along the easterly limits of lot 53 and along the limits of lots 35 and 72 where they abut Sunset Boulevard. 8. That prior to_the signing of the final plan by - the Minister, we are to be advised that any necessary amendment to the restricted area - by-law has been approved by the Ontario Municipal Board. _ The by-law shall contain provisions which prohibit the erection of all buildings7or structures in Block AA other than those necessary for flood or erosion control. 9 . That the subdivision agreement between-, the owner and the municipality contain a provision that Block I shall not be developed except =in conjunction with adjacent lands. 10. That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority. 11. That the owner agrees in writing to satisfy all the requirements, financial and otherwise, of the municipality concerning the provision of roads, installation of services and drainage. 12. That the owner agree in the Subdivider' s agree- ment, in wording acceptable to the Ministry of Natural Resources to neither place nor remove fill of any kind, whether originating on the site or elsewhere; nor alter any existing vegetation in Blocks AA, C or D, without written consent of the Ganaraska Region Conservation Authority. 13.. That the plan be phased to .the satisfaction of the Town and Region. • _ i 14a) That lot 23 be conveyed to the appropriate ;! authority for a sewage pumping station. j b) that provision be made in the development i agreement with the owner to ensure that the ' surrounding lots will be buffered from noise and = odour from the sewage pumping facility on lot 23. (Page 2 of 6) SCHEDULE "S" 1 ' 15. That the owner agrees in writing to satisfy all the requirements, financial and otherwise, of the Region of Durham concerning the provision of roads, installation of services and drainage . 16 . That prior to final approval, adequate sewer and water treatment facilities shall be -avail- able to service this site. 17. That prior to the signing of the final plan by the Minister; we are to be advised by the Town that conditions 2 to 14 inclusive have been carried out to their satisfaction. The clearance letter from the municipality shall include a brief statement for each condition detailing how each has been satisfied and carried out_ 18. That prior to the signing. of the final plan by the Minister, we are to be advised by the Region that conditions 3, 10 , 13, 15 and 16 havE been carried out to . their satisfaction. The clearance letter from the municipality shall include a brief statement for each condition detailing how each has been satisfied and carried out. 19. That prior to the signing of the final plan by the Minister we are advised by the Ministry of Natural Resources that condition 12 has been carried out to their satisfaction, with a brief but complete statement detailing how this condition has been satisfied. (See Note 3) . FOOTNOTES 1. Conveying a) As the land mentioned above to be conveyed to the municipal corporation can -be more easily described in the conveyance by reference to a Registered 'Plan than by "metes and bounds" , we suggest that the description be so worded; and b)_ We further suggest that the owner give to I the municipality an undertaking to deposit with the clerk a properly executed copy of the conveyance concurrent with the 1 registration of the plan. 2. Lands Required to be Registered under Land Titles Act We suggest that you make yourself aware of Section _ 160a (1) of The Land. Titles Act, which requires all new plans registered= in a land titles division to be registered under the land titles system and I of section 160a (2) which allows certain exceptions. = I 3. Clearance of Conditions A copy of the subdivision agreement should be sent to public bodies with conditions covered under the agreement- --, This will expedite _ clearance of the final plan . Please do not send 'a copy to the Minis try of Housin ' I this instance a copy "should be sent to: In i i (Page 3 of 6) SCHEDULE "S" Mr. C. R. Gray District Manager Lindsay District t Ministry of Natural Resources i Ontario Government Building 322 Kent Street West I LINDSAY, Ontario K9V 2Z9 4 . Registration of Subdi"vision Agreement I It is suggested that the municipality, for their own protection against possible future liability ` and notice to prospective purchasers , register the subdivision agreement against the. land to which it applies as provided by section 33 (6) of The Planning Act. . 5 . Lapsing of draft approval If final approval is not given to this plan within three years of the date of draft approval, the draft approval shall lapse pursuant to section 33 (12a) of The Planning Act. Please note that these conditions are an amendment to the draft approval and not a new draft approval. As a result, draft approval will still lapse December .31, 1978 as per my December 14, 1977 letter to you. Should you feel an additional extension will be necessary, we will require your request, accompanied by a resolution of Newcastle Council endorsing that request, prior to the December 31, 1978 lapsing date. =! Please contact J. Malcolm at 965-6418, extension 304, if you have any questions regarding the amended approval. Yours truly, S- M. Taylor - Senior Planner Subdivisions Branch cc M.N.R. (Lindsay) M.O.E. (Central) - G.R.C.A. Town Regional Planning = Regional Works Dept. ' /bk _ (Note that the designations of Block AA; Boulevard Block A; Block C; Block D; Block E; and Block I have been subsequently changed to Block 105; Block 101; Block 103; Block 106; Block 102 and Block 104 respectively on the "Plan of Subdivision for final Approval" forming Schedule "B" hereof. (Page 4 of 6) SCHEDULE 1 5r, Welir11[Y Sl 1'W. Ministry 15 81h F loop of Administration Toronto, om.60 WA 2K4 Housing Division Ontario April 25 , 1979 Durham Estates c/o Milani and Milani Holdings Limited 44 Uplands Avenue P.O. 'Box 790 Thornhill, Ontario L3T 4A5 Subject: Draft Plan of Subdivision a Town of Newcastle Lots 29 and 10, Conc. 1 Our File No_ 18T-19720 Dear Sir: As it now appears that lots 72 and 35 meet Suns'et Boulevard at a point and do not abut it, we are therefore, amending condition 7 of the plan's draft approval by. deleting reference -to the one foot reserves on lots 72 and 35 . This amendment is made under section 33 (12) of The Planning Act. Yours truly, S. M. Taylor Senior Planne Subdivisions. Branch cc Town Region /bk Page 5 of 6 r THIS SCHEDULE is Schedule "S" to the Agreement which has been authorized and approved by By-law No. 8� 154 of the Town of Newcastle, enacted and passed the 21 day of y 198 () . IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) ) _ Per j Mayor ti Clerk EAST W ODBRJITED NTS LIMITED Per ident MUTT ENT Per: nt CHALKFARM INVESTORS INC. Per: Secretary DOUGLAS JOHN CUNNINGHAM EMILIO 7 IN IN TRUST ) 1 ✓� ���' r� �< - ) Per MUTT ENTERPRISES L Per: President Page 6 of 6 lb c SCHEDULE "T" LANDS DEFERRED The Owner agrees that no application will be made for a Building Permit for the erection of any structure on any of the said lands listed in the following table, until the conditions listed in the following table have been satisfied to the approval of the Director of Public Works and/or any other Authorities having jurisdiction. LOT OR BLOCK NUMBER CONDITIONS TO BE SATISFIED Block 104 _ For development in conjunction with adjacent lands. THIS SCHEDULE is Schedule "T" to the Agreement which has been authorized and approved by By-law No. SO- 1504 of the Town of Newcastle, - enacted and passed the 2J4J- day of NOV. 1980 . IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED ) THE CORPORATION OF .THE TOWN OF NEWCASTLE In the presence of: ) Per Mayor Clerk EASTjW ODBR GE DEVELOPMENTS LIMITED Per Vice-President MUTT ENTERPR S S LI ITED Per / President ) CHALKFARM INVESTORS INC. Per- Secretary ) DOUGLAS JOHN CUNNINGHAM EMILIO IN ,IN TRUST P , I MUTT ENTERPRISES LI I D Per: President l Page 1 of 1