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Home My WebLink About82-141 " . 'f THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82- 141 being a By-law to authorize the entering into of an Agreement with United Counties Holdings Limited, Veltri and Son Limited, Lesron Enterprises Limited and Susan Ann Swartz. The Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. 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's seal, an Agreement between United Counties Holdings Limited, Veltri and Son Limited, Lesron Enterprises Limited and Susan Ann Swartz, and the said Corporation dated the l{g~ day of ~ , 1982, in the form attached hereto as Schedule "X". 2. THAT Schedul e "X" attached hereto forms part of thi s by-l aWe BY-LAW read a first time this 18th day of BY-LAW read a second time this 18th day of October 1982 1982 October BY-LAW read a third time and finally passed this day of 18th October 1982 ~/L-L~/ G. B. RICKARD, MA~OR ~~ &ft~ D. W. OAKES. CLERK _.~ I File No.uuW..QLtJ.&..,..!O'2....... j ; e ~ ~ ~TH~S AGREEMENT made in quintuplicate this /(,!;t;:-day of 0..<-. 1983 . ~~ BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE, Hereinafter called the IITOWW OF THE FIRST PART, - and - UNITED COUNTIES HOLDINGS LIMITED, VELTRI AND SON LIMITEn, and LESRON ENTERPRISES LIMITEn, all private companies incorporated under the laws of the Province of Ontario, and SUSAN ANN SWARTZ, of the City of Oshawa, in the Regional Municipality of Durham, Married Woman, Hereinafter called the 1I0WNERSII OF THE SECOND PART, WITNESSETH THAT: WHEREAS the lands affected by this Agreement, which are described in Schedule IIAII hereto, are hereinafter called the IILandsll and constitute 64.249 hectares: . 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 Goverment of Ontario, hereinafter called the IIMinisterll for approval of a plan of subdivision of the Lands; AND WHEREAS to comply with the Minister's conditions for such approval, the Owner has consented to enter into this Agreement with the Town; ANn WHEREAS the Owner warrants that it has entered, or will enter into an Agreement with the Regional Municipality of Durham, hereinafter called the IIRegionll to satisfy the Region's conditions, financial and otherwise: 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 installation of the utilities referred to in Schedule IIH" and hereinafter called IIUtilitiesll; AND WHEREAS in this Agreement 1I0wnerll 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 IIDirectorll means the Director of Public Works of the Town of Newcastle, or his designated representative, as may be appointed by the Council of the Town to act in his place. :. . . . ~ . > " . - 2 - , -\. , N~W, JHEREFORE, 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 Town with a letter signed by an Ontario Solicitor and addressed to the Town 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 Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title to any land which is to be conveyed to the Town or over which easements are to be granted to the Town pursuant to the terms of this Agreement. COpy OF PLAN AND AGREEMENTS REQUIRED 3. Subject to paragraph 63(3) hereof, the Owner shall, at the time of the execution of this Agreement, provide the Town with as many copies as the Town 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 IIBII and is hereinafter called the IIPlanll. The Owner shall also furnish to the Town at the time of the execution of this Agreement, one copy of the said Plan containing the stamp of approval of the Region, and a copy of the subdivision agreement entered into between the Owner and the Region 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 Region is not available at the time of the execution of this Agreement, the Owner agrees to provide the Town with the Plan with the stamp of approval of the Region and a copy of the Subdivision Agreement entered into with the Region, immediately after approval is granted or the agreement signed. The Owner shall also furnish to the Town 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 of this Agreement, the Owner agrees to provide the Town 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 Ilell 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 sale 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 IICII hereto. Such charges shall include the Townls 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 Tile Drainage Act, R.S.O. 1980, c.909, against the said Lands, as set out in Schedule ~CII hereto, including the commuted value of such charges falling due after the execution of this Agreement. . . . . .. "\- ..~ '.. . .. - 3 - .. PAYMENT OF DEVELOPMENT CHARGES 7. The Owner shall pay all development levies in the amounts and at the times set out in Schedule "0" hereto. Notwithstanding the provisions of Schedule "0" 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 Town, 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 a 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 Town such further easements upon request. The Town shall not unreasonably request 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 Town, but not later than the registration of the Plan, deliver to the Town executed deeds of conveyance, sufficient to vest in the Town or, where applicable, 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 Town of the lands required by the terms of The Planning Act, R.S.O., 1980, as amended, from time to time to be 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 Town agrees to accept cash in lieu of the dedication by the Owner to the Town 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 Town 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 EASEMENTS 11. The aforementioned deeds and grants of easements shall be prepared 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 Town to insert such Plan number after registration of the Plan. LANDS FOR SCHOOL PURPOSES AND SECONDARY OPTION 12. NOT APPLICABLE #' . . . . '" , .. . - 4 - .. . , TOWN WORKS REQUIRED 13. The Owner shall be responsible for the construction and installation of the servi ces and 1 andscapi ng more parti cu1 ar1y referred to in Schedule "G" hereto (hereinafter called "the Works"). Until the issuance 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 Town. UTILITIES REQUIRED 14. The Owner shall be responsible for entering'into agreements with the appropriate Public Utilities Commission or other such authority or company having jurisdiction in the area of the said Lands for the design and installation of the Utilities as more particularly referred to in Schedule "H". 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 "0wner's Engineer", to administer this Agreement, whose duties are set out in Schedule "1" 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 Town. 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 of 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-approva1 and further revisions 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 and the Central Lake Ontario Conservation Authority of an overall Plan, hereinafter called the "Grading and Drainage Plan", and showing thereon in a conceptual fashion 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 and the Central Lake Ontario Conservation Authority for re-approva1 and revision if required by the Director and the Central Lake Ontario Conservation Authority, and no such work shall be done unless in accordance with the said revised and re-approved drawings. TREE PRESERVATION 19. The Owner agrees to preserve significant vegetation on the site in accordance with the "Forestry and Landscaping Recommendations" prepared in respect of the proposed development by Marshall, Macklin, Monaghan, dated April 1979, and not to apply for a building permit for a building or structure on any lot unless a lot grading and house location plan for the said lot has been approved by the Town of Newcastle. '" , ~ "" , , .. - 5 - ~ ~ 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 Town 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. . . . . ST AG I NG 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 Town, 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 Town, 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 Town. 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 such 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 Town 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 REQUIRtD 23 (1) The Owner shall, prior to the issuance of any Authorization to Commence Work, lodge with the Town by cash or by means of an irrevocable letter of credit annually renewable and issued by a chartered Canadian bank, guaranteeing the performance by the Owner of the provisions of this Agreement. Such cash or irrevocable letter of credit shall be in an amount equal to the Works Cost Estimate with respect to the Plan or stage of the Plan covered by the Authorization to Commence Work. (2) All documents furnished under this paragraph shall be approved by the Treasurer of the Town. (3) The cash or irrevocable letter as provided in subparagraph (1) hereof are hereinafter collectively referred to as a "Performance Guarantee". ~ . . . . ~ ~ , ~'\ 1 - 6 - , , USE OF PERFORMANCE GUARANTEE 24. The Owner agrees that the Town may at any time, by resolution of Town 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 Town under this Agreement by the due date of the invoice for such costs. INDEMNIFICATION OF TOWN AND INSURANCE 25. The Owner covenants and agrees to indemnify the Town 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 Town 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 Town, 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 requirements contained herein, no Authorization to Commence Works shall be issued for any of the Works until: (1) the Plan has received final approval from the Minister; and (2) the Plan has been registered; and (3) the Owner has delivered copies of the Plans and Agreements as required by paragraph 3 of this Agreement; and (4) the Owner has paid to the Town any outstanding charges against the said lands required by paragraph 7 of this Agreement; and (5) the Owner has conveyed to the Town any easements as required by paragraph 8 of this Agreement, and such easements have been registered; and (6) the Owner has conveyed to the Town any lands and paid any cash as required by paragraphs 9 and 10 of this Agreement, and any such conveyance has been registered; and (7) the Owner has delivered 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 installation of the Utilities as required by paragraph 14 of this Agreement; and (8) the Owner has appointed an Engineer as required by paragraph 15 of this Agreement; and (9) the Owner has received the written approval of the Director and the Central Lake Ontario Conservation Authority for the Engineering Drawings as required by paragraph 17 of this Agreement; and (10) the Owner has received the written approval of the Director of the landscaping required as part of the Works and more particularly referred to in Schedule "G"; and (11) the Owner has received the written approval of the Director and the Central Lake Ontario Conservation Authority for the Grading and Drainage Plan as required by paragraph 18 of this Agreement; and (12) the Owners have received the written approval of the Council of the Municipality for the Staging Plan as required by paragraph 20 of this Agreement; and ~ ~ . - 7 - (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 (15) the Owner has deposited with the Town the Performance Guarantee applying to that stage of the Plan for which the Owner is seeking such Authorization to Commence Works as required by paragraph 23 of this Agreement; and (16) the Owner has deposited with the Town any policies of insurance as required by paragraph 25 of this Agreement; and (17) the Owner has paid all Town costs as required by paragraph 59 of this Agreement as of the date of the issuance of the Authorization to Commence Works. REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT STAGES 27. If the Town 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 Town 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: (1) the Stage Cost Estimate for such stage has been approved by the Director and entered in Schedule "J" hereto; and (2) the Owner has deposited with the Town 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 Town. 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 construction 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 of the Works continuously and as required by the approved Schedule of Works. 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, complete the construction and installation of all of the Works authorized in such Authorization to Commence Works with the exception of the curbs, sidewalks, final coat of asphalt, final lot grading, driveway approaches, sodding and tree planting. . . . . ~ ~ , ~ t - 8 - , '. 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 maintainenance guarantee period, construct or install such additional facilities and perform such additional work as the Town 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 this 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 Town 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 Town 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 (30%) percent of a contractor's charges to the Town (including any charges for overhead and profit) or, if such work is undertaken by the Town, thirty (30%) 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 Town 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 Town 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 acceptance of any of the Works by the Town, nor an assumption by the Town 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 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 development of the said Land 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. The Owner further agrees to pay the cost of moving any of the Works installed under this Agreement, in driveways or so close thereto as in the opinion of the Director, will interfere with the use of the driveway. (2) The Owner agrees to, if the well or private water supply of any person outside the Plan is interfered with or dewatered as a result of the construction or installation of the Works: ~ , ... . - 9 - (b) where the interference to a well or private water supply is short term duration (i.e. during the course of dewatering and 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; or where the interference to a well or private water supply is of a long term duration, the Owner, at his expense, shall 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. . (a) USE OF WORKS BY TOWN 36. The Owner agrees that any of the Works may be used by the Town, 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 Town nor an assumption by the Town 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 "W' hereto without the prior written consent of the Town. 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 authorities having jurisdiction. LANDS REQUIRING SITE PLAN . 39. 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 "011 shall be made until the Town has approved a Site Plan respecting the development of such lot and unless the application for a building permit complies in all respects with the said Site Plan. REQUIREMENTS FOR BUILDING PERMITS . 40. Neither the execution of thi s Agreement by the Town nor the approval by the Town of the Plan for registration, nor the issuance by the Town 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: (l) 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 Town; and (2) all the roads which are required to be constructed under this Agreement to provide access to the proposed building, have been constructed to at least the completed granular base. (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 -1 .... - 10 - . (5) the Owner has provided the Director of Planning with a mylar and four copies of a street numbering plan satisfactory to the Town 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 (7) the balance of all nevelopment Levies have been paid in respect of the lot or block in the Plan for which the building permit is applied for; and in the case of phases III to VI inclusive, the fire protection reservoir has been constructed and installed to the approval of the Director of Public Works and the Fire Chief; and (6) (8) if the application for a building permit is in respect of any lot or block set out in Schedule "W 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 as set out in Schedule "0" the Town has approved a Site Plan with respect to the lots or blocks as set out in Schedule "0" as required by paragraph 39 of this Agreement. . (10) the Owner agrees to not construct buildings, structures or other obstructions within those portions of Lots 17,18,19,20,24,25,?'0,32, 41, 42 and 43 which are bisected by the Ontario Hydro easement. (11) the Owner agrees to SUbMit lot grading and building structure location and elevation plans for Lots 17-20, 24-26, 32, 41, 42, and 43 to Ontario Hydro for review and approval prior to the application for a building per~it to ensure adequate clearance between buildings/structures and the existing or planned power lines within the easement. . (12) the Owners agree to assume the total cost for any alteration(s) to Ontario Hydro facilities that are required to accomodate the Street 'A' crossing of the Ontario Hydro easement. . (13) the Owners agree to grant to Ontario Hydro a supplemental easement to accommodate Ontario Hydro's future development. (14) The Town has received copies of building siting plans for all lots for which building permits are being sought, bearing the written approval of the Central Lake Ontario Conservation Authority; and (15) the Owner has deposited the occupancy penalty fee as required by paragraph 44 of this Agreement; and (16) the Town has received a mylar copy of the registered plan of this subdivision. . (17) The Town has received written confirmation from the Durham Regional Health Unit that there is an adequate potable water supply to serve the proposed building and that a permit has or will be issued for the installation of a private sewage disposal system for the property. ARCHITECTURAL CONTROL 41 (1) The Owner covenants and agrees with the Town that they will exercise or cause to be exercised, architectural control over the design and construction of dwellings within the plan by requiring that the exterior construction on all dwellings be predominantly masonry, e.g. brick, stone or other earthern products, but excluding stucco and concrete block or predominantly finished wood siding, excluding plywood, particle board or other similar wood sheeting materials. (2) The Owner covenants and agrees that in the Agreement of Purchase and Sale, he will require each builder purchasing from him to file, prior "' . . . - 11 - to applying for a building permit, with the Town, a Master Plan, to be approved by the Town, for the lot purchased by the builder/purchaser showing housing types, elevations and the distribution of models on such lots. REQUIREMENTS FOR SALE OF LANDS 42. The Owner agrees not to sell any or all of the said Lands until: (1) the Municipality has registered against the title to such lands any grant of easement in respect of such lands; and (2) where no building permit has been issu~d 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 Town with any grants of easement required for utility or drainage purposes upon the written request of the Town; and (3) the Owner has obtained from the prospective purchaser a licence to permit the Owner and/or Town, to enter upon such lands to perform its obligations under this Agreement; and (4) the Owner has included the following notices in the agreements of purchase and sale entered into by prospective purchasers: (a) that the lands are subject to the covenants and obligations set forth in this Agreement, and more particularly, Section 57 in respect of obligations of subsequent owners; (b) that children from the said lands will only be picked up by the school bus on roads now in existence or at another location convenient to the School Board; (c) that sand and gravel operations in the area may result in minor inconvenience to the residents from time to time; (d) that the location of all construction, tile fields and driveways on this site are subject to the approval of the Town and the Central Lake Ontario Conservation Authority. The Authority endeavours to preserve forest cover for reasons of erosion control, aesthetics and wildlife habitat and all site works will be approved with these objectives in mind. Roth the Town and the Authority should be contacted for further information; and (e) a suitable warning in respect of the proximity of lots 3 - 16 and 46 - 51 to the C.P.R. rail line and the possible noise and vibration, pursuant to Condition 23 of the Minister's Conditions. . (5) Y flU ' / //, 1'b-~) ~/~ ~(7) The Owner has registered on the title of Lots 13 - 22 inclusive and Lots 52 - 57 fnclusive, notfffcation that the lands immediately east ~~ and north of the subdivision may be used for mineral extraction. /~. y- ~~e ~;:~ ~.: r:~v;~;; to tbe Q~rham Bpgio~al-Hea~h-Unit proof ~a ~~- a t a Iy 1S ava1lable to a 1 prel:lIses. ~ The Owner has, prior to the sale of any of the said lands, regist red against title of Lots 4 to 10, 13 to 18, 20 to 22 and 47 to 52 inclusive, a restrictive covenant requiring the subsequent owners to ~ maintain the fence required pursuant to paragraph 56, subparagraph 3 hereof. (8) The Owner has registered on title of lots 1 to 57 inclusive, a Notice that no alteration to the approved lot grading may be made without the written approval of the Town of Newcastle. . . . . . . -." . - 12 REQUIREMENTS FOR AUTHORIZATION TO OCCUpy 43. Notwithstanding the requirements of any statute, regulations 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 Town hereinafter called an "0ccupancy 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 jurisdiction 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 44. Prior to the issuance of the first building permit the Owner agrees to lodge with the Town an irrevocable letter of credit annually renewable and issued by a chartered Canadian bank in an amount of Seven Hundred and Fifty Dollars ($750) per lot for the total number of lots within the Phase for which building permits are being sought 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 43, the sum of Seven Hundred and Fifty Dollars ($750) shall be immediately forfeited to the Town for each such lot or block. The letter of credit shall be reduced by an amount of Seven Hundred and Fifty Dollars ($750) per lot upon issuance of an Occupancy Permit for each such lot or block, and 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 time as may be mutually agreed in writing by the parties. MAINTENANCE OF WORKS AFTER ACCEPTANCE 45. (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 works. 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. . . . . .. ' , . - 13 - (2) The Town agrees to snowplow and sand, paved subdivision roadways or other roadways required to be constructed, pursuant to this agreement, to provide access to any of the works or facilities required herein. Until the roadways are vested in the Town, the Owner shall pay One Hundred Percent (100%) of the actual cost of snowplowing and sanding such roadways. (3) The provision of any work or service by the Town under pargraph 34 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 46. 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 Town 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 Town 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 47. The Owner shall from the date of the issuance of a Certificate of Completion maintain all of the Works covered by such Certificate of Completion for a period of two (2) years. MAINTENANCE GUARANTEE PERIOD 48. 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 Town a Maintenance Guarantee in the form of cash or an irrevocable letter of credit annually renewable and issued by a chartered Canadian bank, 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 Town Treasurer, and shall guarantee the Works for two (2) years from the date of completion. USE OF MAINTENANCE GUARANTEE 49. The Owner agrees that the Town may at any time, by resolution of Town Council, authorize the use of all or any part of any Maintenance Guarantee if the Owner fails to pay any costs payable by the Owner to the Town under this Agreement, by the due date of the invoice for such costs. REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE 50. The Owner agrees that the Town 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 Town the Maintenance Guarantee applying to those Works for which such Performance Guarantee was requi red; and . . . . , ' "', . - 14 - (3) the Town .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 51. 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 confi rmati on thereof, referred to herei n as a "Certifi cate 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 has been inspected by the Director and the Town 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 45 of this Agreement. OWNERSHIP OF WORKS BY TOWN 52. 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 Town 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 53. (l) The Owner agrees that the Town 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 Town 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 Town 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 54. Upon compliance with subparagraph (l), (2), and (3) hereof, the Town 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 (2) a registered Ontario Land Surveyor, approved by the Town, has provided the Town 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 Town Council has, by resolution, declared that the Owner is 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 Town building permits as provided herein. ,.5 . . . . "" '. - 15 - REOUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES 55. "NOT APPLICABLE" SPECIAL CONDITIONS 56. (1) Central Lake Ontario Conservation Authority The Owner hereby agrees to carry out or cause to be carried out to the satisfaction of the Central Lake Ontario Conservation Authority, . all matters more particularly set forth in Schedule "Q" hereto. /n~ ~ ~)~ --;' ~ The Owner agrees to erect a six-foot high chain link fence along the rear of Lots 4-10, 13-1R, 20-22, and 47-52 inclusive, and to register a covenant on the Deeds to each of these lots requiring the owner to maintain the said fence. ional Health Unit agrees to or all premises to the Durham (3), Fencing RESPONSIBILITY OF SUBSEQUENT OWNERS 57. 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 the following: (1) Pursuant to Schedules '0' and 'Q', the registered Owner shall prepare and submit to the Oirectors of Works and Planning of the Town and the Central Lake Ontario Conservation Authority a Site Plan indicating the location of all buildings and structures proposed for the said lot, existing and proposed grades, tile field locations, driveways and vegetation to be preserved, which conforms with the overall grading and drainage plan referred to by Paragraph 18 of this Agreement. (2) The registered owner shall supply and install the driveway entrance, including the installation of all necessary culverts, in accordance with the Town of Newcastle's Entranceway Policy, and the approved Site Plan. (3) The registered owner of Lots 17,18,19,20,24,25,26,32,41,42 and 43 shall submit lot grading and building structure location and elevation plans for their respective lots to Ontario Hydro for review and approval prior to the application for a building permit . (4) The registered owner shall provide an individual drilled well and a private sanitary waste disposal system to the standards of the Durham Regional Health Unit. (5) The registered owner shall install underground secondary hydro service to the building~ INTEREST IN SAID LANDS 58. The Owner hereby charges all its interest in the said Lands with the obligations set out in this Agreement. PAYMENT OF MUNICIPAL COSTS 59. (1) Every provision of this Agreement by which the Owner is obliged in any way shall be deemed to i ncl ude the words "at the expense of the Owner" unless the context otherwise requires. .... .. - 16 - (2) The Owners upon the execution of this Agreement shall reimburse the Town 'for all reasonable legal, planning, engineering and other technical advice and assistance actually incurred by the Town in connection with the preparation for, and attendance at, any Ontario Municipal Board hearing(s) in respect of the approval of any amendment(s) to the Town's Restricted Area (Zoning) By-law necessary for the implementation of the Plan. (3) The Owner shall reimburse the Town for all reasonable legal expenses actually incurred for the preparation and 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 Town for all engineering and inspection costs in accordance with the provisions of Schedule "R" hereto. UNPAID CHARGES . 60. The due date 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 one and one-quarter percent (1-1/4%) per month shall be payable by the Owner to the Town on all sums of money payable herein, which are not paid on the due dates, calculated from such due date. NOTIFICATION OF OWNER . 61. If any notice is required to be given by the Town to the Owner in respect of this Agreement, such notice shall be mailed or delivered to: United Counttes Holdings Limited, Veltri and Son Limited, Lesron Enterprises Limited and Susan Ann Swartz c/o Swartz and Swartz 231 Simcoe Street North OSHAWA, Ontario, L1G 4Tl . or such address as the Owner has notified the Town, 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 62. The Owner and Mortgagee hereby consent to the registration of this Agreement by the Town 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 63. (1) The Owner agrees that the Town 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 undertake any construction or installation of any of the Works until this Agreement has been renegotiated. This 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 "8"; 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 . . . . . ' , - 17 - 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 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. . (ii;) (iv) (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 seal s 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 copies of a draft plan of subdivision, 18T-75362, are available, incorporating red line revisions on the approved Plan by the Minister of Housing, and all descriptions in this Agreement and the schedules annexed hereto refer to the attached Plan, Schedule "B". Upon the final Plan of Subdivision being approved by the Minister of Housing, the final Plan shall be substituted for the draft 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 (without limiting the generaltiy of the foregoing, in particular Schedules liB II , liE II , "F", "G", "N", "0", "P", and "Q") with the final plan of subdivision. TOWN TO ACJ PRor.1PTL Y 64. Wherever the Town, or the Solicitor, or the Treasurer for the Town, or the Director of Public Works or the Director of Planning, is required to take action pursuant to this Agreement, or is required to make a decision or render an opinion, or give 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 Town and its officers, servants or agents shall act reasonably. ASSIGNt1ENT OF AGREEt1EtJT 65. The Owner shall not assign this Agreement without prior written consent of the Town and no such assignment shall relieve the Owner of any of his obligations under this Agreement. SCHEDULES TO AGREEMENT 66. 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" - "Lega 1 description of said Lands" Schedule "B" - "Plan of Subdivision for final approval II Schedule "C" - "Charges against said Lands" Schedule "0" - "Development charges" Schedule liE II - "Grants of easements to be dedicated" Schedule "F" - "Lands and/or cash to be dedi catedll Schedule "G" - "Works required" Schedule "H" - "Utilities required" Schedule "1" - "Duties of Owner's Engineer" ,. ~. " - 18 - , , Schedule "J II - "Cost Estimates' Schedule ilK II - "Insurance Policies Requiredll Schedule ilL II - "Regulations for Construction" Schedule "M II - "Use of Said Lands" Schedule IIN" - "Lands'Unsuitable for Building" Schedule "011 "Lands requiring site plan" Schedule lip II - "0versized and/or External Servi ces II Schedule "QII - "Central Lake Ontario Conservation Authority's Works II Schedule IIRII - "Engineering Inspection Fees" Schedule liS II "Conditions of Draft Plan Approval 67. 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 68. 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. . 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 AND DELIVERED In the presence of: . . /~-_._~~-'" . .\~. .. " ." . .. tb) ~- / } } } ) ) ) } l UNITED COUNTY rs lJ.I1IT.' EDJ _ ) Per: _/t,0 r /'L-e,LA.~ ) - PRESIOEtrr ) ) ) ) Per: } ) ) ) } ) } ) ) ) ) ) ) ) e . . . . THI~'6CHEDULE IS SCHEDULE "A" to the Agreement whcih has been authorized and 'approved hy By-law No. ~'l..,"';1 of the Corporation of the Town of Newcastle, enacted and passed the I g~ day of ~ 1982. LEGAL DESCRIPTION OF SAID LANDS ALL AND SINGULAR that certain parcel or tract 0 and and premises, situate, lying and being in the Town of Newcastle, i he Regional Municipality of Durham (formerly in the Township of Darlington ounty of Durham) and being composed of those portions of Lots 18 and 19 and arts of the Road Allowance between Lots 18 and 19, in the Tenth Concession the said Township, designated as Parts 1,2,3,4,5,6,7,8,9,10,11,12,13 ,15,16,17,18 and 19 on a reference Plan deposited in the Land Re' ry Office for the Registry Division of Newcastle (No. 10) as No. 10R-13 . Ttf-e- ~ or-fL ~ 6=-<-.- I g - I ~i(ov-J C 8~ . to - I C t>fHZ-t-c ~T~) 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 AND DELIVERED ) In the presence of: } t } ) } ) } } ) ) } ) ) i ) . ) . ) ) ) ) ) ) ) ) ) ) ) ) } ) THE CO ORATION OF THE TOWN OF NEWCASTLE UNITED COU~rrIES HOLDINGS LIMITED ~~~.Q'. / ..... / . .' -PRESIDENT. e . . . . THI S, SCHEDULE IS SCHEDULE "B" to the Agreement whi ch has been authori zed and ,'approvetl by By-law No. tJ2-1<l1 of the Corporation of the Town of Newcastle, :enacted and passed the It f'1-.- day of ~ 19R2. PLAN OF SUBDIVISION ATTACHED PLAN 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 AND DELIVERED In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ~l ) ) ) ) ) ) n ~YR N~~ -. A, L RK UNITED COUNTIES HOLDINGS LIMITED ~~~ /' ,- " PRESIDEN'r- e , THIS~'ScHEOULE IS SCHEDULE IICII to the Agreement which has been authori zed and ~,pproved'by By-law No. b.-/I./I of the Corporation of the Town of Newcastle, enacted and passed the "17- day of ~ 1982. CHARGES AGAINST SAID LANDS (1) MUNICIPAL TAXES - Nil . . . . (2) LOCAL IMPROVEMENT CHARGES - Nil (3) ORAINAGE CHARGES - Nil 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 AND DELIVERED In the presence of: ~ ) THE CORPO~ATION OF THE TOWN OF NEWCASTLE ~ ~~./~ ~ ) , ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) UNITED COUNT~OLDINGS LIMITED ~u-r~~_...,. , '?RESIOE~~ e .-' THI~ SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and approvedbi By-law No. 1;-iV/of the Corporation .of the Town of Newcastle, · en,actecrand passed the 161'< day of tJG.:~GA- 1982. ... ........ DEVELOPMENT CHARGES The Owner shall pay to the Town development charges in the amount of THIRTY FOUR THOUSAND TWO HUNDRED DOLLARS ($34,200) (Calculated at the rate of SIX HUNDRED DOLLARS ($600) per lot) which shall be paid as follows: PHASE NO.1 FOUR THOUSAND EIGHT HUNDRED DOLLARS ($4,800) at the time of execution of this Agreement. PHASE NO.2, SIX THOUSAND DOLLARS ($6,000) at the time of execution of this Agreement or prior to issuance of any Authorization to. Commence'Works for the Second stage. PHASE NO.3 TEN THOUSAND EIGHT HUNDRED DOLLARS ($10,800) at the time of execution of this Agreement or prior to issuance of any ,Authorization to Commence Works for the Third stage. . PHASE NO.4 SIX THOUSAND SIX HUNDRED DOLLARS ($6,600) at the time of execution of this Agreement or prior to issuance of any Authorization to tommence Works for the Fourt,h stage. PHASE NO.5 SIX THOUSAND DOLLARS ($6,000) at the time of execution of this Agreement or prior to issuance of a~y Authorization to Commence Works for the Fifth stage. . The Town shall review the schedule of development charges annually and shall adjust the amount of the development charges in accordance with the increase of capital costs as may be appropriate using the Southam Construction Index for calculating such adjustments. The Owner hereby acknowledges and agrees to such annual adjustment and further agrees that such adjusted development charges shall be applicable to all lots or Blocks within the Plan, for which, development charges remain due. . Where this Schedule calls for the payment of monies at the time of execution of this Agreement, or prior to ,the issuance of an Authoriza.tion to Commence Works for a particular stage, it shall be deemed to mean that payment may be made at the time of execution or at the option of the owners prior to the respective Authorization to Commence Works. . IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals in 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. . PRES I DErrr- e . . . . ~ THIS.'SCHEDULE IS SCHEDULE liE" to the Agreement which has been authorized and 'approved' by By-law No. f).-/v,/ of the Corporation of the Town of Newcastle, ~nacted and passed the /gM day of tk-~ 1982. GRANTS OF EASEMENTS TO BE DEDICATED The Owner agrees to deliver to the Town executed Transfers of Easements, free and clear of all encumbrances to the following lands, and for the following purposes: Land Purpose For one, 100,000 litre water reservoir tank, for fire fighting purposes. (to describe easement on Lot 44) Part s Plan 10R- The Owner hereby agrees that the plan numbers referred to in this Schedule may be added by the Town subsequent to execution of the Agreement. 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. SIGNEn, SEALED AND DELIVERED In the presence of: ) ~ATlON OF THE TOWN OF NEWCASTLE l ~~~~ ) ~ AV ) _ /J_ ) Lu). ~. ) CLERK ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) e UNITED COUNTIES HOLDINGS LIMITED ~U~~ C14~' ~, "- PHE NT 1/' ,~' e . . . TH~S. SCHEDULE IS SCHEDULE "F" to the Agreement whi ch has been authori zed and .' approved by By-law No. <61-1</1 of the Corporation of the Town of Newcastle, ',enacted and passed the IKIi day of ()~ 19R2. LANOS AND/OR CASH TO BE DEDICATED (1) DEDICATION OF LANDS The Owner shall deliver to the Town in a form satisfactory to the Town, deeds to the following land: Blocks: Plan M- for .3 metre reserves. Blocks: Plan M- for Road Widenings. (2) CASH IN LIEU OF LANDS The Owner shall pay to the Town, as cash-in-lieu of parkland dedication for public purposes, the amount of Twenty-five Thousand and Twenty-eight Dollars ($25,028.00) representing five percent (5%) of the appraised value of the subject lands which shall be paid as follows: Phase I One Thousand, Seven Hundred and Fifty-six Dollars and Thirty-five Cents ($1,756.35) at the time of execution of this Agreement. Phase 2 Four Thousand, Three Hundred and Ninety Dollars and Eighty-eight cents ($4,390.88) prior to issuance of any Authorization to Commence Works for the Second Phase. Phase 3 Seven Thousand, Nine Hundred and Three Dollars and Fifty-eight Cents ($7,903.58) prior to issuance of any Authorization to Commence Works for the Third Phase. Phase 4 One Thousand, Seven Hundred and Fifty-six Dollars and Thirty-five Cents ($1,756.35) prior to issuance of any Authorization to Commence Works for the Fourth Phase. Phase 5 Three Thousand, Seventy-three Dollars and Sixty-one Cents ($3,073.61) prior to issuance of any Authorization to Commence Works for the Fifth Phase. Phase 6 Six Thousand, One Hundred and Forty-seven Dollars and Twenty-three Cents ($6,147.23) prior to the issuance of any Authorization to Commence Works for the Sixth Phase. Where this Schedule calls for the payment of monies it is agreed that the figures herein referred to are in 1982 dollars and further, that payments made to the Town subsequent to 1982 shall use these figures as a base and be adjusted according to the Statistics Canada Annual Cost of Living on a cumulative basis for all intervening years, except where payment is made subsequent to June 30 of the year of payment, in which case, the average Cost of Living for the first six months of the year shall be used as the index for that year and included in the adjustment. . . . . . . , Page 2 of SCHEDULE "F" The Owner hereby agrees that the plan numbers referred to in this Schedule may be added by the Town subsequent to execution of the Agreement. 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 AND DELIVERED In the presence of: l THE C~RATI_O~ OF THE TOWN OF NEWCASTLE )~~~/ l ~~_ d2~:YOR ) CLERK ) ) UN IT ED ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) COUNTIES HOLDINGS LIMITED ~~'-.- ~A.r: ". -- - PRESmNT~ -_ . / - / e ~ , . THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized and ~pproved by By-l aw No. P2--/"; ( of the Corporation of the Town of Newcastle, enacted and passed the /gf-{ day of ~~~ 1982. WORKS REQUIRED 1. STORM DRAINAGE SYSTEM The Owner agrees to construct, supervise and maintain a complete storm drainage system to serve the said lands, including all ditches, culverts, swales, storm sewer mains, manholes, and storm outfalls and any other appurtenances and equipment, in accordance with the Town of Newcastle's nesign Criteria and Standards Drawings, and to the satisfaction of the Director of Public Works. The Owner shall also, at no expense to the Town, arrange for the disposal of all storm water in and from the subdivision, which may be obstructed by the Owner's development, to the satisfaction of the Director of Public Works. The Owner agrees to produce Engineering nrawings for the Storm Drainage System, to the satisfaction of the Director of Public Works. ROADWAYS 2. The Owner shall construct, install, supervise and maintain, to the satisfaction of the Director of Public Works, and as per the Town of Newcastle's Design Criteria and Standard Drawings, and the approved Engineering Drawings, the following services on the streets shown on the Plan: . (a) The grading and paving of all streeets, including the installation of Granular "A" and Granular "B" material, in order to provide a proper base for paving. All roads shall be in accordance with Standard Drawings No. NS-201. (b) The Owner agrees to the installation of all street lighting on all . roadways. (c) The Owner agrees to provide any ditching for drainage purposes and the sodding and mulching of the ditches from the edge of the shoulders to the property line. (d) The Owner agrees to supply, install and maintain all traffic signs and permanent street-name signs, in accordance with the Town of Newcastle's Design Criteria and Standard Drawings, and to the satisfaction of the Director of Public Works. . (e) The Owner agrees to pay fifty percent (50%) of the cost of upgrading Scugog Road and Tenth Concession Road abutting the site to NS-201 Standards. 3. FIRE RESERVOIR . The Owner agrees to supply and install one (1) One Hundred Thousand Litre (100,00 L) water reservoir tank for fire fighting purposes, to be located north of the C.P.R. Railway, in conjunction with Phase 3 and prior to issuance of any building permits in respect of Phases 3 through 6, inclusive. Said reservoir is to be accessible from a travelled portion of a road allowance and to be designed by a registered professional engineer and approved by the Director of Public Works and the Fire Chief. Access is to be provided by the boundary road, which is to be upgraded to NS-201 Standards, completed to a granular base, and which is to have a temporary turning circle to the satisfaction of the nirector of Public Works and the Fire Chief. At such time as the Developer proceeds with Phase VI, the aforementioned Boundary Road shall have construction completed including asphalt paving, seeding, sodding and mulching to the satisfaction of the Director of Public Works and in accordance with the requirements of paragraph 2, Subsections a, b, c & d above. . . . . - . Page 2, 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 AND DELIVERED ~ ~ATION OF THE TOWN O,F NEWCASTLE ) ~~~~ ~ fJ~.~~ ) . CLERK ) ) UNITED COUNTIES HOLDINGS LIMITED } ~ -: .-. ) ~~f(~~&~. ) . R 1f>9fi., )>.... , l VELT~1fIMITED)6// ) ~~ ---~ ) , - G ) .~ ~/ ) ) } ) } ) ) } ) } ) ) ------ e .' THI'S SCHEDULE IS SCHEDULE IIW , " approved by By-l aw No. gl-IV/ . enacted and passed the I J~ 1. ELECTRICAL SUPPLY SYSTEM to the Agreement which has been authorized and of the Corporation of the Town of Newcastle, day of ~ 1982. UTILITIES REQUIRED The Owner shall retain a competent electrical consultant and contractor for the design, provision and installation of an electrical supply system to serve the lands, in the locations as approved by the Director of Public Works and Ontario Hydro. Primary service to be installed above ground with secondary service connections to be located underground. 2. STREET LIGHTING SYSTEM The Owner shall arrange with Ontario Hydro for the design, provision and installation of a complete street lighting system to serve the said Lands on behalf of the Town 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. 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 AND DELIVERED ) THE C~ATION OF THE TOWN OF NEWCASTLE In the presence of: ) ~.~~ ~ ~,/ '--~?S Y l ~~~ ) . L RK ) ) UNITED COUNTIES HOLDINGS LIMITED ) ) ) ) ) ) . . . . - _~f~~ . - - <-.---.-- . ~ .'. Sl[rnr- . ) ) ) ) ) ) ) ) ) ) ) ) ) e . . . . < ' SCHEDULE 11111 THE SUBDIVISION AGREEMENT BETWEEN TOWN OF NEWCASTLE AND UNITED COUNTIES HOLDINGS LIMITED VELTRI AND SON LIMITED LESRON ENTERPRISES LIMITED SUSAN ANN SWARTZ DUTIES OF OWNERS' ENGINEER r I I i i 1. DESIGN WORKS AND PRIVATE WORKS The Owners' Engineer shall design all the Works. Prepare Drawings, Plans and Documents The Owners' Engineer shall prepare the following for the approval of the Director: a) The Engineering Drawings b) The Grading and Drainage Plan c) The Schedule of Work d) The Works Cost Estimate The approval of the Director shall not absolve the Owners or the Owners' Engineers of the responsibility for any errors or omissions in the above drawings, plans or documents. 2. REPRESENT OWNERS AND OBTAIN APPROVALS The Owners' Engineer shall act as the Owners' representative in all matters pertaining to the construction and installation of the Works and shall cooperate with the Municipality to obtain the necessary approvals for construction and installation. 3. PROVIDE RESIDENT SUPERVISION The Owners' Engineer shall provide fully qualified supervisory layout and inspection staff to provide continuous service during all phases of the construction and installations of the Works and the Private Works and to perform the following: a) Provide field layout including the provision of line grade to the contractors, and, where required, restaking. b) Inspect the construction and installation to ensure that all work is being performed in accordance with the contract docu- ments. 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. d) Provide coordination and scheduling of the construction and installation in accordance with the timing provision contained herein and the requirements of the Director. ...continued . . . . Page 2 of,Schedule 11111 !t . ' . , e) Investigate and report to the Director any unusual circumstances which may arise during the construction and installation. f) Obtain field information during and upon completion of the construction and installation, required to modify the Engineer- ing Drawings to produce the As-Constructed drawings. 4. MAINTAIN RECORDS The Owners' Engineer shall maintain all records pertaining to the construction and installation. 5. PROV IDE PROGRESS REPORTS The Owners' Engineer shall provide the Director with reports on the progress or the construction and installation on a monthly basis, or at such other interval as approved by the Director. 6. PREPARE AS-CONSTRUCTED DRAWINGS The Owners' Engineer shall prepare the as-constructed drawings for the approval of the Director. SIGNED, SEALED AND DELIVERED ) In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ~l ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF NEWCASTLE "../ /~..,... ,..-,.r PER: L?v?d~ ~-a~L~~ UNITED COUNTIES HOLDINGS LIMITED- ~0~l. e niIs S.GHEDULE IS SCHEDULE "J" to the Agreement which has been av horized and . , approved by By-law No. of the Corporation of the Town of Newcastle, e~acted and passed this day of 1982. COST ESTIMATES PHASE I 1. Boundary Roads $ 21,360 2. Miscellaneous construction $ 1,000 3. Contingency and Consulting Fees $ 500 $ 22,860 PHASE II 1. Bounda ry Roads $ 8,800 2. Internal Roads $106,100 3. Contingency and Consulting Fees $ 12,732 $127,712 PHASE III 1. Boundary Roads $ 34,770 . 2. Concrete water reservoir $ 30,000 3. Internal Roads $238,600 4. Contingency and Consulting Fees $ 28,632 $332,002 PHASE IV . 1. Boundary Roads $ -- 2. Internal Roads $ 35,600 3. Contingency and Consulting Fees $ 4,272 $ 39,872 . PHASE V l. Bounda ry Roads $ -- 2. Internal Roads $ 49,600 3. Contingency and Consulting Fees $ 5,952 $ 55,552 . PHASE VI 1. Boundary Roads $ 29,250 2. Internal Roads $212,100 3. Contingency and Consulting Fees $ 25,452 $266,802 . . . . : ' Page 2 of Schedule "J" IN WIJNESS 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 AND DELIVERED ) In the presence of: ) ) ) ) ) ) l ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ,~ e . . .' " TH IS SCHEDULE IS SCHEDULE ilK II to the Agreement whi ch has been authori zed and < ,approved hy By-law No. (')..-/Vf of the ~or~j:ion of the Town of Newcastle, enacted and passed thi s I g n. day of ~ 1982. INSURANCE POLICIES REQUIRED 1. TYPES OF COVERAGE REQUIRED Prior to any Authorization to Commence Works, 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 ~1unicipal Teasurer and duly authorized by law to underwrite such insurance. Such policy or policies of insurance shall indemnify the Town 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 Town 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 Town and shall provide the fOllowing minimum coverages: (a) $1,000,000.00 for loss or damage resulting from bodily injury to, or death of anyone person; and (b) $2,000,000.00 for loss or damage resulting from bodily lnJury to, or death of, two or more persons arising out of the same accident; and . (c) $1,000,000.00 for anyone occurence 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 1 imitations for: (a) any shoring, underpinning, raising or demolition of any building or structure; or (b) any pile driving or caisson work; or . . . . Page 2 of Schedule "K" ,(c} '.any collapse or subsidence of any building, structure or land from any ca-use; or 1d} any storage, handling or use of explosives. (e) 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. 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 AND DELIVERED In the presence of: ) ~TION. OF THE TOWN OF NEWCASTLE ) -~ ~ ). ~< ~ } ...- . ~ D~~~~ ) CLERK ) } } } ) ) ) } ) ) ) ) ) ) } ) } } ) } } } ) } UNITED COUNTI~INGS LI~ITEO ~TA~.., , PRESIOF::NT e . . . . .1 ~ , SCHEDULE "VI TO SUBDIVISION AGREEMENT BETWEEN TOWN OF NEWCASTLE AND UNITED COUNTIES HOLDINGS LIMITED VELTRI AND SON LIMITED LESRON ENTERPRISES LIMITED SUSAN J1NN SWARTZ REGULATIONS FOR CONSTRUCTION 1. REQUIREMENTS FOR BLASTING The Owners shall, prior to commencing any blasting, obtain from the Di,rector, permission to carry out the blasting operation. 2. REMOVAL OF TOP SOIL The Owners 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 Owners agree 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 and the Central Lake Ontario Conservation Authority. 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 Owners and approved by the Director. The Municipality shall not be responsible for the removal or disposal of garbage and debris. The Owners agree 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 Owners agree that the Municipality may have qualitative and quantitative tests made of any materials or equipment installed or pro- posed to be installed. The costs of such tests shall be paid by the Owners. ...continued . . , Page 2 of SCHEDULE "LI! 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 own 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. 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 setting any fires on the subject lands, obtain permission from the Newcastle Fire Department. 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 AND DELIVERED l ~ATION OF THE TOWN OF NEWCASTLE ! IJ~YOR ) ~LERK ) } } ) } ) ) ) ) } ) } ) ~-- .. ) U"~~~l ) ) ) UNITED COUNTIES H~S LIMITED _~RC~OE~ 211t:3(~ ~- .PRESIDENT e . . . . ... " SCHEDULE "M" TO SUBDIVISION AGREEMENT BETWEEN TOWN OF NfWCASTLE AND UNITED COUNTIES HOLDINGS LIMITED VELTRI AND SON LIMITED LESRON ENTERPRISES LIMITED SUSAN ANN SWARTZ USE OF SAID LANDS The Owners agree that the said lands shall not be used for any purpose other than as set out in the following table: Lot Number Land Use In accordance with the provisions of Restricted Area By-law 2111, as amended of the former Township of Darlington-- and with the approved site plan for the said lot. 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. All SIGNED, SEALED AND DELIVERED ) In the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) e . . . . .. . THi~ SCHEDULE IS SCHEDULE IIN" to the Agreement which has been authori zed and , approved by By-law No. ~~-~y'/ of the Corporation of the Town of Newcastle, '.enacted and passed this /g;--< day of ~ 1982. LANDS UNSUITABLE FOR BUILDING The Owner agrees that no removal of vegetation or lot grading will be initiated nor any application for building permit be made for the erection of any building or structure on any lots in a particular phase within the IIsaid lands" nor any fill placed, unless and until the following conditions related to the subject lot have been fulfilled to the satisfaction of the Director of Planning. Phase lot/lots Condition~ to be satisfied 40,41,42 & 43 Block be dedicated to the Town for road widening 2 1,2,3,4,5,35,36,37, 38 and 39 The construction of Street A within Phase 2 to a standard acceptable to the Director of Public Works 3 6 ,7 ,8,9 ,1 0, 11 , 1 9 , 20 , 21,22,23,24,25,26,27, 28,29 & 30 31,32,33 & 34 The construction of Street A within Phase 3 to a standard acceptable to the Director of Public Works 4 The construction of Court B to a standard acceptable to the Director of Public Works 5 12,13,14,15,16,17 and 18 The cosntruction of Court C to a standard acceptable to the Director of Public Horks 6 44,45,46,47,48,49, 50,51,52,53,54,55, 56 & 57 The construction of Street D and the road allowance between the former Townships of Darlington and Cartwright from Old Scugog Road to its more easterly intersection of Street D to the satisfaction of the Director of Public Works. All Any such fill or construction shall be in compliance with the plans approved by the Directors of Planning and Public Works and the Central Lake Ontario Conservation Authority referred to by Schedule '0' and 'Q' hereof. 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 AND DELIVERED In the presence of: I _~: OF THE TOWN OF NEWCASTLE } ~~YOR l ~~n'~ ) - ERK ) ) ) ) ) ) UNITED COUNTIES HOLDINGS LIMITED ~.~ ~_.~ '."". P.RES'lD NT .....<~ . . . . SIGNED SEALED AND DELIVERED ) In the Presence of: ) ) ) } ) } ) ) } CS7~ I ) ) ) Page 2 of SCHEDULE "N" utN~ Z IDENT /~ . ... , '.:rHIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and approved by By-law No. <(2--lo.(f of the,.....Co~_ation of the Town of Newcastle,' enacted and passed thi s I ~ it.. day of ~ 1982. LANDS REQUIRING SITE PLAN APPROVAL No building permit shall be issued for any building or structure on lots 1 to 57 inclusive on the "said lands" unless such building or structure complies in all respects with detailed site plans, which have been approved by the Directors of Works and Planning of the Town and the Central Lake Ontario Conservation Authority, indicating the location of all buildings and structures proposed for the said lot, existing and proposed grades, tile field locations, driveways and vegetation to be preserved. 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 AND DELIVERED In the presence of: . . ~- .( ) THE CO } ) ), ) ) ) ) } ) ) ) } } ) ) } ) } ) ) } ) } } ) ) ) ) ) ) UNITED COUNTIES HOLDINGS LIMIT-EO, ~-,~,." _ J/7::,t-.~ v~ ffITfUENT e . THIS 'SCHEDULE IS SCHEDULE "P" to the Agreement which has been authori zed and approved by By-law No. <'i')...-/v'f of the Corporation of the Town of Newcastle, enacted and passed thi s 16<< day of Q-r..~ 1982. EXTERNAL AND OVERSIZED WORKS NOT APPLICABLE 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 AND DELIVERED In the presence of: . . . .4L.~~. )~., RATION ,OF THE TOWN OF NEWCASTLE ~ ~~~ ) . . MAYOR l fJ--a-~dACLERK ) ) } ) ) ) ) , } ) } ) ) } ) ) ) } ) ) ) ) ) ) ) UNITED COUNTIES HOLDING~ LIHITEQ. ~-"'~ ".... -,-'_.. "-~' '. - - . . .... ... -R- ~... ~.'--~,--~-' , .... ~ -. -L: ~ - . - -=-. - - _" ,NT ----- e . . . . . ~HIS'SCHEDULE IS SCHEDULE "Q" to the Agreement which has been authorized and 'approved by By-law No. K2,.-/o{r of the Corporation of the Town of Newcastle, enacted and passed this I~t.( day of ~~ 1982. CENTRAL LAKE ONTARIO CONSERVATION ATHORITY'S WORKS The Owners agree: (a) to develop each lot only according to site plans approved by the Central Lake Ontario Conservation Authority and the Town of Newcastle which indicate existing and proposed grades, tile field locations, driveways, the locations of all buildings and structures and the vegetation tq be preserved. (b) not to apply to the Municipality or Health Unit for permits of any kind until written approval is obtained from the Central Lake Ontario Conservation Authori ty . 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 AND DELIVERED In the presence of: L-~~~ ! TH~ION.OF THE TOWN OF NEWCASTLE 1/ ~~YOR l /. ~~ERK } ) ) ) ) ) ) } ) ) ) ) } ) ) ) ) ) ) ) } ) } ) UNITED COUNTIES HOLDING~. ~JM~TE[r- ./u::r-~~~~ ~- PRESIDf,~ J - U~~~ -;-. .. SIDENT e :rHIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authorized and ap,rbved by By-law No. 9~-/~( of the Corporation of the Town of Newcastle, :enacted and passed thi s I J IX day of ~ 1982. ENGINEERING INSPECTION FEES FOR DEVELOPMENT Estimated Costs of Works Less than $50,000.00 $50,000.00 to $100,000.00 $100,000.00 to $500,000.00 $500,000.00 to $1,000,000.00 $1,000,000.00 to $2,000,000.00 . $2,000,000.00 to $3,000,000.00 Engineering Fees Actual cost of services up to a MAXIMUM of $5,000.00 $5,000.00 or 4% of the estimated cost of services - whichever is greater $5,000.00 or 3.5% of the estimated cost of services - whichever is greater $20,350.00 or 3% of the estimated cost of services - whichever is greater $33,000.00 or 2.5% of the estimated cost of services - whichever is greater $55,000.00 or 2.25% of the estimated cost of services - whichever is greater $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. $3,000,000.00 to $4,000,000.00 . 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 AND DELIVERED } In the presence of: } ) ) ) } ) } ) ) ) ) ) ) ) } ) ) ) ) ) ) ) ) )) ) ) ) ) ) . T~TION OF THE TOWN OF NEWCASTLE '4 . ,~1;:OR r. _~/uu' _' , CLERK UNITED COUNTIES HOLDINGS-1:IMIlED ~~~NT VE~~ ~-;~d" -' R DENT e . . . . THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been authorized and approved by By-law No. ~')"'-/ytr of the Corporation of the Town of Newcastle, enac~ed and passed this I Gf-,( day of ~ 1982. CONDITIONS OF DRAFT PLAN APPROVAL File No: lBT-75362 The Minister's conditions and amendments to final plan approval for registration of this subdivision, File No. 18T-75362 are as follows: 1. That this approval applies to the draft plan, drawing number 19.78120.P01, by Marshall, Macklin, Monaghan Limited, Ontario Land Surveyors, dated January 11, 1979, as revised in red on June 25, 1981 to show a total of 57 single family lots and 3 blocks. 2. That the road allowances included in this draft plan shall be dedicated as public highways. 3. That the streets shall be named to the satisfaction of the Town of Newcastle and Regional Municipality of Durham. 4. That a 0.3 metre reserve along that portion of the southern limits of the road allowance between the former Townships of Darlington and Cartwright, as indicated on the draft plan, which abuts Block 'A', shall be conveyed to the Town of Newcastle. 5. That a 0.3 metre reserve, as indicated on the draft plan, along the eastern boundary of the subject site be conveyed to the Regional Municipality of Durham. 6. That Block IC' as indicated in red on the draft approved plan be conveyed to the Town of Newcastle. 7. That sufficient land shall be shown as a Block on the final plan and be dedicated to the Town of Newcastle as public highways to widen the east limits of Old Scugog Road adjacent to the southwestern boundary of the subject property. In addition, Block IB' as shown on the draft plan, shall be dedicated to the Town of Newcastle to widen the road allowance between Concessions 9 and 10 adjacent to the southwest of the subject property. 8. That the unopened road allowance between Lots 18 and 19 in Concession 10 in this draft plan of subdivsion shall be properly closed prior to final approval. 9. That the owner conveys up to 5% of the land included in the plan to the municipality for park purposes under section 33(5)(a} of The Planning Act. Alternatively, the municipality may accept cash in lieu of all or a portion of the conveyance and, under section 33(8) of The Planning Act, R.S.O. 1970, the municipality is authorized to do so. 10. That prior to the signing of the final plan by the Minister, the Ministry is to be advised that the proposed subdivision conforms with the restricted area~ by-law in effect for the municipality. 11. That the subdivision agreement between the owner and municipality contain the following provisions wherein the owner agrees to the following: (a) to preserve significant vegetation on the site in accordance with the "Forestry and Landscaping Recommendations" prepared in respect of the proposed development mY Marshall, Macklin, Monaghan dated April, 1979. (b) not to apply for a building permit for a buidling or structure on any lot unless a lot grading and house location plan for the said lot has been approved by the Town of Newcastle. (c) agrees to erect a 6 foot high chain link fence along the rear of Lots 4 to 10, 13 to 18, 20 to 22 and 46 to 52 inclusive and that a covenant be registered on the deeds to each of these lots requiring the owner to maintain the said fence. . . . . Page 2, Schedule'S' . (d) to register on the title of Lots 13 to 22 inclusive notification that the lands immediately east of the subdivision may be used for mineral extraction. 12. That the subdivision agreement between the owner and the minicipality contain a provision that lots will be made suitable for septic tank systems to the standards of Durham Regional Health Unit. In addition, the owner shall provide proof of availability of an adequate water supply for all premises through individual wells to the Durham Regional Health Unit before applying for a building permit. 13. That such easement as may be required for utility or drainage purposes shall be granted to the appropriate authority. In addition, the 9 metre right-of-way shown on the draft plan shall be removed from the title to the subject lands. 14. That the owner agrees in writing to satisfy all the requirements, financial and otherwise, of the Town of Newcastle concerning the provision of roads, installation of services and drainage. 15. That the owner agrees in writing to satisfy all the requirements, financial and otherwise, of the Regional Municipality of Durham concerning the provision of roads, installation of services and drainage. 16. That the subdivision agreement between the owner and the municipality contain the following provisions, with wording acceptable to Ontario Hydro, wherein the owner agrees: (a) to not construct buidlings, structures or other obstructions within those portions of Lots 17,18,19,20,24,25,26,32,41,42 and 43, which are bisected by the Ontario Hydro easement. (b) to submit lot grading and building structure location and elevation plans for Lots 17 - 20, 24 - 26, 33, 41,42 and 43 to Ontario Hydro for review and approval prior to the application for a building permit to ensure adequate clearance between buildings/structures and the existing or planned power lines within the easement. (c) to assume the total cost for any alteration(s) to Ontario Hydro facilities that are required to accommodate the Street 'AI corssing of the Ontario Hydro easement. (d) to grant to Ontario Hydro a supplemental easement to accommodate Ontario Hydro's future development. 17. That the subdivision agreement between the owner and the municipality be registered against the lands to which it applies once the plan of subdivsion has been registered. 18. That the owner agrees in the subdivision agreement to inform all prospective purchasers that their children will only be picked up by the shcool bus on roads now in existence or at another place convenient to the School Board. 19. That before the Minister's final approval is given the Ministry is to be advised in writing by the Town of Newcastle how conditions 2,3,4,6,7,8,9,10,11,12,13,14,16 17,18 and 23 have been satisfied. 20. That before the Minister's final approval is given the Ministry is to be advised in writing by the Regional Municipality of Durham how conditions 3,5 and 15 have been satisfied. 21. That before the Minister's final approval is given the Ministry is to be advised in writing by the Durham Regional Health Unit how condition 12 has been satisfied. . . . . Page 3, Schedule 's' 22. That before the Ministerls final approval is given The Ministry is to be advised in writing by the Ontario Hydro how condition 16 has been satisfied. 23. That the subdivision agreement between the owner and the municipality contains a provision wherein the owner agrees to insert a warning clause in all Offers of Purchase and Sale Agreements for Lots 3 to 15 inclusive and lots 42 to 47 inclusive, in wording acceptable to the Town of Newcastle that ensures that the prospective homeowners on these lots are aware of the proximity of the lots to the rail line and the possible resultant noise and vibration. 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 AND DELIVERED ) THE ~ATION OF THE TOWN OF NEWCASTLE l~~~ ! &~~w.~ R )CLERK ) - - ) ) ) ) } ) ) ) } } ) ) ) ) ) } ) ) ) } ) ) UNITED COUNTIES HOLDI~~S -'tnn1-E~./-~. ~.",--~.- -, - .' "', "~~.--. .- zi~irT ~. - ~DENT. -', . . " e . . . . . " . SUBDIVISION AGREEMENT dated 13th January, 1983 BET tv E E N: LESRON ENTERPRISES LIMITED UNITED COUNTIES HOLDINGS LTD. VELTRI and SON LIMITED and SUSAN ANN S~ARTZ -and- THE CORPORATION OF THF TOY~ OF NEWCASTLF IN TPF MATTER OF: ~n application bv LESRON ENTFFoRISF~ LIMITED, UNITED COUNTIES PC'LDINC-f: LTD., VFLTRI anC! f:('I}1 LIMITED and SUSAN ANN S~ARTZ for final approval and release by The Corporation of the Town of Newcastle of a proposed Plan of f:ubdivision beina Schedule "A" to the Subdivision Aareement between the said Subdivider and the Reqion dated January 13, 1983. I, POt-lARD S. S~-JARTZ a Solicitor of the Supreme Court of Ontario, do hereby certify that the abovenamed Subdivider is the sole owner in fee simple of all land included in the Plan ~orminq Schedule "A" to the subdivision Agreement dated January 13, 1983. I further certify ,that there are no mortqaqes or other encumbrances upon the said lands or any part thereof save and except the following: Nil This certificate is <;:riven by me to The Corporation of the Town of Newcastle for the purpose of havina the said' Corporation of the Town of Newcastle rely on it and to act on it in approvina and releasina the proposed Plan of Subdivision and for certifyina the title~ #- DATED at Oshawa this /..2 day 1983. TO THE CORPORATION OF THE TONN O~ NF~CASTLE Form 1007 C.ombinecfForms: Affidavit of Subscribing Witness. Age and Marital Status N_me and GUbert. Limited. Toronto ,~ ~ . AFFIDAVIT OF SUBSCRIBING WITNESS I, PATRICIA ANNETTE SCOTT of the Town of Newcastle in the Regional Municipality of Durham, Secretary make oath and say: OSee footnote I am a subscribing witness to the attached instrument and I was present and saw it executed at the City of Oshawa by. SUSAN ANN SWARTZ .s. footnote I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the City of Oshawa in the Regional Municipality of Durham . this 7 th day of ..~J UA~.~.. .U.. R S. v:,;.;i,:....l9CO.::1~~:;sl:n:r for t<::dn. offida'lits /4t r 'In -.. , h.. ,,'.,., ~""','l': Di"ii-:c~ or E)ur:l:lL1 villile in the c:. : ... I ~. I.. ... \....... ... . " " 'l 9-/J ".L').' r'; \:\'. r-r:::-;~: :-::c;;;.: E~-.t::.te U~',jtt:d .,;~d for 'Nork jn ,/ V.. CO....,..,O~~Q~t~ul"'~il:.~,.~;ivl'r.vt:;Clr3ticn <:nd i~s associated cOlnp3ni~~ only. Expires April 14, 1984. . · W"- . JlGrtl/ W tI....",. to HGtl tW ....'"'_' or wIwF, . JlGrtII ";1/1I' bl/ _1ft.." Ai. _rlo or i.. forftl/ll cMraeWr' add "ale. i...,"'...., Md b_ r_ to M", lItId M ._r'" fvIll/ to "...,.,..talld U". WIur, 'lNCtlUd tl1tIMr a JlOfHt' of altorMV i......e ..(114.... of atforNtI) .. Gt~ for (114.... of flGrtl/) " : alld for ...zt elo_ ...b.,ituU "1 verill/ bIZ;"" tMt tW Jlft'- ",110M ,,;gll4lvr, 1 toil........ _. avtAoriu" to I:""'''U tW i""rIt_1 .. al~ for (.......)'., AFFIDAVIT AS TO AGE AND MARITAL STATUS I/WE . I/WE When executed the attached instrument, . in the . If attorn.,. _ footnote Strike out inapplleable elau_. I was married / divorced / widower. We were married to each other. We held the land as Joint Tenants / Trustees / Partnership Property. R.ldent of Canacla, .... this day of 19 ) (SEVERALLY) SWORN before me at the A COMMISSIONE" "OR TAKINQ "'P',.IDAVITS. ETC. · WMrw af/l.d4vil .....,. &II al~ "",.,iluU: "WA... 1 ,o:ecu"" lA, allae"'" i...lr1l_' .. altonlCl/ for (.......). M/N toG. (marital .tal.... alld if -rrieII. ..._ of 1fOOVM). ad "'''''' MIMe ,,"cuI'" 1M _ of allorllCl/, M/N Md allai..... lA, ag' of _iorill/", - ;( ./ / .. - \. \ / /' -.. 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I V \: 3231~ i\ I'~ I I I ! ; / / 322"6 // ~ - -- - -~ ,.......-J'- '" \ , I \ \ \ "-., \ -,-" v _ -" ---~..~ - y / ~.:, >.~', '"'" 321.8 322 ;-'") vv _---- - X-- " '" " \ \ ,- - ~ ,.....,-',/"'" -....--:.-..-' ..,;" ----.,-'" , I ! f / ( I f 10 I I i f i I :,- \ \ I \ ' \ i \ \; , \ \\ \ \\ \ \ I \ \ \\ I \ ~ I \ \ \\ \ I ) \ \ \ /' } \ \ \s / / \ \ ! f , \ ,f I I \ i \ \ \ \ I \ ; i I I \ / " II' I \ f I i \ f /;' \ ' I \ \ ! .~ '\ \ \ \ \ \ x \ \ 1 " //.-- '..............-... ...' \ ~, \ \ \ \ \\~. .--- "" -- - .--- ...~ ..... i I I I I / / / .,- \ ) / t f }- '..... ,...... _J ~ ~ .. 7 CD . ~ /~ '--... '\ ) ,/ / / I "/ I I //9 I ,I / It) !'t) ~ ; I j ! i ",,\ \ ~, \ ,.", 329.5 LL ,."'" .....'" ,,. Q'::: ....or Q: ; / ,..- - ! ~ , . t- ;~ / / C\ !<) i ( / \. / I \ \ \ \ \ I / / - / I / r I , ;' ...,/ \ ~ '" o U) ~ r<') r<') o U) '-- .-' ---- \ //-', - \ 1 / "'\ ,I! / / ... " I - / -""... '. __ 330 i 329 ,..,-",-' :::.> ~ 1 I 1- ,..... '-./ , _-t ~~ ~... L.!_ c::or 0: ,/ .........,....... ,/ -' --- --- r / ; (\ / ~ VACANT '" ." - ..... ... -...... ! .,-- ...- ~ \ .... "'.,.;.0;, ..., ~ ... . ,. "1 " 307 2 .. . (' , -"".." "- "; " ~{-DRAFt PLAN L OF SUBDIVISION PART ()f= LOTS 18 AND 19 t CONCESSION 10, TOWN- OF NEWCASTLE. ( FORMER TOWNSHIP OF DARLINGTON) REGIONAL MUNICI-PALITY OF DURHAM- , ~ / ~~J \0' -/J "... \ l :::0 T"1 C) (5 ;;e ~ r- :::0 ? :z o 01 -.l 1...~ ': ~ , \ t7 CONCESSION RD. 10 '- I ~ Proposed Subdivision 60C , 400 I KEY ,PLAN o 1~ 200 400 SCALE in FEET c o 5'" 100 200 SCALE in METRES ~ - ADDIT.IONAL INFORMATION REQUIRED UNDER SECTION 33 (2) OF THE PLANNING ACT (R.S.O. 1970 CH. 349 ) I (0) AS SHOWN ON DRAFT PLAN, ( b) AS SHOWN ON KEY PLAN, (c) AS SHOWN ON DRAFT AND KEY PLANS, (0) THE LAND -lS TO BE USED ACCORDING TO THE SCHEDULE OF LAND USE, (e) AS SHOWN ON DRAFT AND KEY PLANS, ( f) AS SHOWN ON DRAFT PLAN, (g) AS SHOWN ON DRAFT AN D KEY PLANS, (h) lNDIVIDUAL DR1LLED WELLS TO BE INSTALLED, ( i) SOl L IS GRANULAR T1LL, (j) AS SHOWN ON DRAFT PLAN. , ('0<.) PAVED ROADS, SEPTiC TANK, OPEN DITCH STORM DRA\NAGE AND HYDRO - ELECTR1C POWER TO BE MADE AVAILABLE, ( I) AS SHOWN ON DRAFT PLAN. .,. "- ,- SCHEDULE OF LAND USE / _/ 1. SINGLE 2, BLOCK 'A' 3. BLOCK'S' 4. BLOCK LOTS I-57 ( 57 UNITS) ~UIURE DEVELOPMENT ROAD WIDENING WA LKWAY 20 M ROAD ALLOWANCE - 1 984.5 METRES, HECTARES 54.81 5.14 .17 .10 4.06 ~AMILY 'c' 5. LENGHT O~ TOTAL AREA 64.28 HA. -" , OWNER'S AUTHORIZATION .~ 1 AUTHORIZED MARSHALL MACKLIN MONAGHAN LTD. TO PREPARE AND SUBMIT THIS DRAFT PLAN OF SUBDIVISION TO THE MINISTER OF HOUS1NG FOR APPROVAL. LESRON ENTERPRISE5- LTD. UNITED COUNT1ES HOLDINGS LTD. ~~~'l{~t?~..~ ,. DA DATE VELTRI AND SON D. SUSAN ANN SWARTZ ~ " SURVEYOR'S CERTIFICATE I HEREBY CERT1FY THAT TH~ BOUNDARIES OF THE LAND TO BE SUBD1V1DED AS SHOWN ON Tl-:IlS PLAN AND THEIR RELATIONSHIP TO THE ADJACENT LANDS ARE ACCURATELY AND CORREC""CLY SHOWN IN ACCORDANCE W'flH PLAN lOR - 360 MARSHALL MACKLIN , ?~~;;n;A ~ey ~ ~,. ~ V)9k · /0, 79. DESIGNER'S CERTIFICATE ~I r1"'" "......., "...__ ...' \\\q\l~:t {'t .l'---- ,...... '''''\\\1. "...... ~(.-! ~ , . "........., " " . . I · '" " ~.r~ ~ "---.'" . ,,";' _ ~. r- . .-;;'-~ '" 1 J -'.... ,~'O<...,' I. !(;......... ('..-;. ~ : .. ::'J" ..~<' .. c; ~ . . '" . '\-~.~.. _.~ " , ~ . ". ~"".:\L~ ,!. ~..lk4.. .. '... : .,. : ~ . .. ..""\ ~ :. '. .... ~ .; '.. './: .. .. ...... , " ~ ~':--"... ...... ~~.\\\. _ i~.. ................... '\~~' ~\ - , "'" ... \,.;,.., .( -_ I'A .''1'"11'''1 ~~':'I \, .~ ......~ .<Ie....: t-t U \.0- 1'.~4 ~ .. ~...",....,,/(_~/t' . PLAN DESIGNED BY MARSHALL MACKLIN MONAGHAN LTD. lown Dlonners \. {1c!'~ ~. //h 9 / Date J ~N. 1979 ".., lIi,l ,""""., ~ / I "'>- _... ~'f:;;~'. ~ "' ~ "'...... . " - ~-'" ~O ~ \12980 - . . ... ';:'~oI~\RO." .TED July 19th 1983 ' , ,: , thet this in!IruIIIRt is reg' "I.. ______________________________________ ~ . ,-.Nt. ..ll 2. 58 rht '.6 . '~~ THE, g~R~~~i~~~EOF THE TOWN ..... ~ , ~ ~"A~ ~. ,~ t\~"V (~~ · land... 0Kice It 8owmInviQe, Ontario. . ., , II ()~ - - and - UNITED COUNTIES HOLDINGS LIMITED, VELTRI AND SON LIMITED and LESRON ENTERPRISES LIMITED and SUSAN ANN SWARTZ -------------------------------------- -------------------------------------- SUBDIVISION AGREEMENT -------------------------------------- -------------------------------------- Sims, Brady & McInerney Barristers & Solicitors 117 King Street Whitby, Ontario LIN 4Z1 '-"/ ., ~~, ..-. .' . . 1380 5EP ~ 11 i! SSi AM; "t1 .~-; --- 1?~lD ,,' "\\' 'i'i Uh~"'" ' \,~ml iiG\)1 15 . ()"t) ~.