HomeMy WebLinkAbout85-31
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 85- 31
being a By-law to authorize the entering into of an Agreement with
Gatehouse Holdings Limited and the Corporation of the Town of
Newcastle.
:e
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 Gatehouse Holdings Limited
and the said Corporation dated the 11]/.day Of~ ' 1985, in the
form attached hereto as Schedule "X".
2. THAT Schedule "X" attached hereto forms part of thi s
by-law.
BY-LAW read a first time this 25th
BY-LAW read a second time this 25th
day of
day of
March
1985
1985
March
BY-LAW read a third time and finally passed this 25th
March 1985
day of
I File ~;'O..h~;.~.j4%:~"~,,J
O'ocument General
Fonn 4 - land Registration Refonn Act. 1984
land TRies ~ T (2) Page 1 of 5 9
Block Property
2047
N U M B ER._.........___...__
(4) Nature of Document
F.L,~~I1F1C~TEl', O~\~~~~fPT Subdivision
~~~(5IC_~
JIlt.' .D~~D REGISTRAR . none
NEWCASTLE No. 10 BOWMANVILlE
Signature(s) , . " . . . ". :; .. , Date of Signature
THE CORPORATldf4>0~ f:tm:>romr. Y , M 0
THE CORPORATION OF THE TOWN OF OF NEWCASTLS:::' :';' ......... .S> '.>, i 85 ! o4i 11
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New Property Identifiers
Additional:
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Schedule
Executions
Additional:
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Schedule
(8) This Document provides as follows:
See Schedule Attached
(9) This Document relates to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
Party of the First Part
(11) Address
for Service
(12) Party(les) (Set out Status or Interest)
Name(s)
(13) Address
for Service
(14) Municipal Address of Property
,
aYE & DURHAM CO, LIMITED
Form No. 985
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(1) Registry 0
(3) Property
IdenUfler(s)
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Appllcatlon to KeglSter nOtlce OL"
Agreement Section 74
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(6) Description
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Part of Parcel 35-1 Con. 1 Newcastle
(Darlington) , being part 1, Plan lOR-1673
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(7) This
Document
Contains:
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Additional
Description D Parties D Other ~
(a) Redescription
New Easement
PJan/Sketch
(b) Schedule for:
Continued on Schedule 5a
Signature(s)
Date of Signature
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(15) Document Prepared by:
.No)- AS.SIG~e~.
10174 (12/84)
Alan Berk
650 King Street East,
Oshawa, Ontario.
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Page 2
Form 16
APPLICATION TO REGISTER NOTICE OF AN
UNREGISTERED ESTATE, RIGHT, INTEREST OR EQUITY
(Section 74 of the Act)
TO' THE LAND REGISTRAR FOR THE LAND TITLES DIVISION OF NEWCASTLE
NO. 10.
WE, The Corporation of the Town of Newcastle have an unregistered
estate, title, interest or equity in:
1. The land registered in the name of Gatehouse Holdings
Limited,
PA-f-T of
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in respect of part of the land registered as Parcel ~5- i) Co'" i...
in the Register for Town of Newcastle. Cl:~..e..u "':>G1"O~)
AND WE hereby apply under section 74 of the Land Titles Act
for the entry of a Notice of ~greement (being a Subdivision
Agreement between the Corporation of the Town Newcastle, as
party of the first part and Gatehouse Holdings Limited, as
party of the second part)
in the register of the said parcel,
and which agreement is attached hereto.
Dated at Newcastle this 11th day of April, 1985.
The address of the applicant for service is:
Municipal Offices,
Hampton, Ontario.
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THE C():~ORA~.l"6~' !'9.f:'_,~~.._~OWN
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Form 17
THE LAND TITLES ACT
AFFIDAVIT IN SUPPORT OF APPLICATION
FOR ENTRY OF NOTICE OR EXTENSION OF NOTICE
(Section 74, of the Act)
C--Af? '" cr
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of the Town of Newcastle in the Regional Municipality of Durham,
make oath and say as follows:
1. That I am the Mayor of the Corporation of the Town of Newcastle
the applicant named in the attached application for entry of a Notice
of an unregistered Estate, Right, Interest of Equity,
under section 74 of the Land Titles Act.
The particulars of the applicant's interest in the
land are as follows:
The Corporation of the Town of Newcastle is the party
of the first part which has entered into the attached
Subdivision Agreement, attached hereto and marked as
Exhibit A to this affidavit, with the owners of the
said lands, being Gatehouse Holdings Limited, and the
provisions of the said agreement allow for registration
of the said agreement against the lands.
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A Commissio r, etc.
SWORN BEFORE me at the Town of
A~
Newcastle, in the Regional
Municipality of Durham, this
day of April, 1985.
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THIS AGREEMENT made in qui ntupl i cate thi s 1%4.. day of
1985 . April
BET WEE N:
.
THE CORPORATION OF THE TOWN OF NEWCASTLE.
Hereinafter called the IITOWN" OF THE FIRST PART,
- and -
GATEHOUSE HOLDINGS LIMITED
Hereinafter called the "OWNER" OF THE SECOND PART
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement, which are described in Schedule
"A" hereto, are herei nafter call ed the "Lands" and consti tute 11.69 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 Regional Municipality
of Durham, hereinafter called the Region for approval of a plan of subdivision
of the Lands;
AND WHEREAS to comply with the Region conditions for such approval, the Owner
has consented to enter into this Agreement with the Town;
AND WHEREAS the Owner warrants that it has entered, or will enter into an
Agreement with the Regional Municipality of Durham, hereinafter called the
IIRegion" to satisfy the requirements of the Regional Municipality of Durham,
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 IIUtilities";
NOW THEREFORE in consideration of the mutual agreements and covenants and
promises herein contained, and other good and valuable consideration, the
parties hereto agree as follows:
L.R.: 26.2.85 I File ND..~~_~
, j 1 .
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1. DEFINITIONS
In this Agreement:
1.1 "Council" shall
Newcastle;
Pq~~ 5
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mean the Council of the Corporation of the Town of
1.2 "Director" shall mean the Director of Public Works of the Town of
Newcastle or his designated representative as may be appointed by Council
to act in his place;
1.3 "Treasurer" shall mean the Treasurer of the Corporation of the Town of
Newcastle;
1.4 "Director of Community Services" shall mean the Director of Community
Services of the Corporation of the Town of Newcastle;
1.5 "Director of Planning" shall mean the Director of Planning of the
Corporation of the Town of Newcastle;
1.6 "Solicitor" shall mean the Solicitor of the Corporation of the Town of
Newcastle;
1.7 "Owner" shall include an individual, an association, a partnership or a
corporation and wherever the singular is used herein, it shall be
construed as including the plural.
1.8 "Commissioner" shall mean the Commissioner of Planning for the Regional
MuniCipality of Durham.
1.9 "Minister" shall mean the Minister of Hunicipal Affairs and Housing,
Ontario.
L.R.: 26.2.85
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2.
2.1
GENERAL
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 excluding the said Lands, 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.
2.2 COpy OF PLAN AND AGREEMENTS REQUIRED
Subject to paragraph 2.10(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 Region. The said plan is attached hereto as
Schedule "8" and is hereinafter called the "Plan". 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.
2.3 DEDICATION OF EASEMENTS
(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 Town 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.
2.4 DEDICATION OF LANDS
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, as amended, from time to time
to be dedicated for public purposes, other than for highways, unless the Town
has agreed to accept cash in lieu of such lands, as provided herein.
L.R.: 26.2.85
fi0;
, I
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PQ.~ e., 7
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2.5 REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS
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.
2.6 LANDS FOR SCHOOL PURPOSES AND SECONDARY OPTION
There are no lands for school purposes and secondary option.
2.7 INTEREST IN SAID LANDS
The Owner hereby charges all its interest in the said Lands with the obligations
set out in this Agreement.
2.8 NOTIFICATION OF OWNER
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:
Gatehouse Holdings Limited
208 Park Road North
OSHAWA, Ontario
L lJ 418
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.
2.9 REGISTRATION OF AGREEMENT
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.
2.10 RENEGOTIATION AND AMENDMENT OF AGREEMENT
(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 Region approves a Plan of Subdivision for the said lands which is
substantially different from the Plan attached hereto as Schedule
"8"; or
L . R . : 26.2.85
~I 61.
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(ii) the Plan of Subdivision is not finally approved by the Region and
registered within eighteen (18) months of the date of the execution
of this Agreement; or
(iii) the agreement between the Owner and the Region has not been executed
at the time of the execution of this Agreement, or such agreement has
been executed and is subsequently amended, and the provisions of such
agreement affect materially the location or sizing of any of the
Works to be supplied and installed under the terms of this Agreement;
or
(iv) no construction or installation of any of the Works has commenced
within two (2) years from the date of registration of the plan,
and failing agreement, this Agreement shall be null and void.
(2) The parties may from time to time by mutual agreement amend the terms
of this Agreement and any of the Schedules but an amendment shall only be
effective if in writing and executed under the seals and hands of the proper
officers of each party.
(3) The parties hereto acknowledge that at the time of the execution of
this Agreement, only a red lined copy of the plan of subdivision is in existence
and all descriptions in this Agreement and the Schedules annexed hereto refer to
the descriptions in the red line plan annexed hereto as Schedule "BII. Upon the
final plan of subdivision being approved by the Minister of Housing the final
plan shall be substituted for the red lined plan annexed as Schedule liB" and all
amendments necessary or requisite shall be made to conform with the descriptions
used in this Agreement and the Schedules (and without limiting the generality of
the foregoing, in particular Schedules liS II , II E" , "F", "G", II Nil , "0", "plI, and
"Q") with the final plan of subdivision.
2.11 TOWN TO ACT PROMPTLY
Wherever the Town, or the Solicitor, or the Treasurer for the Town, or the
Director, is required to take action pursuant to this Agreement, or is required
to make a decision or render an opinion, or give 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.
2.12 ASSIGNMENT OF AGREEMENT
The Owner shall not assign this Agreement without prior written consent of the
Town and no such assignment shall relieve the subsequent owner of any of his
obligations under this Agreement.
2.13 SCHEDULES TO AGREEMENT
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" ilLegal description of said Lands"
Schedule "B" "Plan of Subdivision for final approval II
SChedule "C" IICharges against said Lands"
Schedule "011 "Development charges"
Schedule liE II "Grants of easements to be dedicated"
SChedule "F" "Lands and/or cash to be dedi catedll
Schedule "G" "Works requi red"
L.R. : 26.2.85
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Schedule "W' "Uti1ities requiredll
Schedule "1" IIDuties of Owner's Engineer"
Schedule "J" "Cost Estimates"
Schedule ilK II IIInsurance Policies required"
Schedule ilL II "Regulations for construction"
Schedule "M II IIUse of said lands"
Schedule IIN" "Lands unsuitable for buil di ng"
Schedule 110" IILands requiring site plan"
Schedule lip II - "0versized and/or External Services"
Schedule "Q" "Conservati on Authori ty' s Works II
Schedule "RII "Engineering and Inspection Fees"
Schedule liS II "Minister's/Region1s Conditions of Approval II
2.14 MORTGAGE
The Mortgagee does hereby postpone hi s mortgage to thi s Agreement wi th 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.
2.15 SUCCESSORS
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.
2.16 PLAN APPROVAL
Upon receipt of the payments herein required and upon the execution and
registration of this Agreement, the Council will recommend to the Region that
the plan be approved for registration.
loR.: 26.2.85
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3. FINANCIAL
3.1 PAYMENT OF TAXES
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 IIC"
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.
3.2 PAYMENT OF LOCAL IMPROVEMENT CHARGES
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 Schedul e "C II hereto. Such charges shall i ncl ude the Town I s share of
any local improvements which serve the said Lands and shall include the commuted
value of such charges including charges falling due after the date of the
execution of this Agreement.
3.3 PAYMENT OF DRAINAGE CHARGES
The Owner shall, at the time of the execution of this Agreement pay all drainage
charges assessed under The Municipal Drainage Act, 1975, and The Tile Drainage
Act, R.S.O. 1980, against the said Lands, as set out in Schedule "C" hereto,
including the commuted value of such charges falling due after the execution of
this Agreement.
3.4 PAYMENT OF DEVELOPMENT CHARGES
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 "D" as
to the times at which the development charges shall be paid, the Owner shall,
prior to the issuance of any building permit in respect of any lot or block, pay
all remaining development charges assessed against the said lot or block.
3.5 CASH IN LIEU OF LANDS
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 on a~ such cash payment as
set out in Schedule "F" hereto, at the time of the execution of this Agreement.
3.6 PERFORMANCE GUARANTEE REQUIRED
(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
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
herei nafter coll ecti vely referred to as a "Performance Guarantee".
3.7 USE OF PERFORMANCE GUARANTEE
The Owner agrees that the Town may, at any time, authorize the use of all or
part of any Performance Guarantee if the Owner fails to pqy a~ costs payable by
the Owner to the Town under this Agreement by due date of the invoice for such
costs.
L.R.: 26.2.85
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3.8 INDEMNIFICATION OF TOWN AND INSURANCE
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.
3.9 MAINTENANCE GUARANTEE PERIOD
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 from a chartered Canadian bank,
and in an amount equal to ten percent (10%) of the estimated cost of the Works
as set out in Schedule "J" hereto. The form of the Maintenance Guarantee shall
be subject to the approval of the Town Solicitor, and the Town Treasurer, and
shall guarantee the Works from the date of completion as follows:
(a) Initial Stage of Road Construction: the greater of two (2) years
from the date of issuance of the Certificate of Completion for the
initial stage of road construction or upon the date of issuance of
Certificate of Completion for the final stage of road construction.
(b) Final Stage of Road Construction: one (1) year from the date of the
issuance of Certificate of Completion for the final stage of road
construction.
3.10 USE OF MAINTENANCE GUARANTEE
The Owner agrees that the Town may, at any time, 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.
3.11 REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE
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 required; and
(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.
(4) the Town may, from time to time, reduce the amount of the value of
the Performance Guarantee to reflect the progress of the Works required to an
amount equal to the value of the uncompleted Works, plus ten percent (10%) of
the value of the completed Works on approval by the Director of a Progress
Certificate prepared by the Owner1s Engineer.
3.12 REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE
(1) 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.
L. R. : 26.2.85
AVd.
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(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.
3.13 PAYMENT OF MUNICIPAL COSTS
(1) Every provision of this Agreement by which the Owner is obliged in any way
shall be deemed to include the words "at the expense of the Owner" unless the
context otherwise requires.
(2) The Owner, upon the execution of this Agreement. shall reimburse the 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 attendances at the Ontario MuniCipal Board hearings for the draft approval
of Subdivision 18T-81034 and amendments of the Town's By-law 84-63.
(3) The Owner shall reimburse the Town for all reasonable legal, planning,
engineering and other technical advice, and administrative 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.
3.14 UNPAID CHARGES
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
shall be payable by the Owner to the Town on all sums of money payable herein,
which are not paid on the due dates. The interest penalty charges will be the
same rate as charged on outstanding tax balances.
3.15 OCCUPANCY PERMIT
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 Thousand and Five Hundred Dollars
($7,500.00) to guarantee that occupancy does not occur in respect of any lot or
block before the issuance of an Occupancy Permit for such lot or block. In the
event that occupancy occurs in respect of any lot or block before the issuance
of an occupancy permit contrary to paragraph 4.8, the sum of Seven Hundred and
Fifty Dollars ($750) shall be immediately forfeited to the Town for a~ lot or
block and upon forfeiture the owner shall immediately restore a Letter of Credit
for the full amount of Seven Thousand and Five Hundred Dollars ($7,500.00). So
that the amount of security deposit on hand with the Town always equals Seven
Thousand and Five Hundred Dollars ($7,500.00). The Letter of Credit shall be
released to the Owners at such time as the last unit is ready for occupancy in
accordance with the terms of this Agreement or at such earlier date as agreed in
writing by the parties. The Town agrees to permit the Letter of Credit lodged
by the Owner to be substituted, either in whole or in part, by a Letter of
Credit submitted by the builder to whom the Owner has sold a lot or block with
the Plan. The Owner agrees to obtain any such Letter or Letters of Credit, on
behalf of and in favour of the Town, at such time as any or all of the said
lands are sold. The Town further agrees to release substituted portions of the
Owner's Letter of Credit, in respect of occupancy.
L. R . : 26. 2.85
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4. PLANNING
4.1 APPROVAL OF TREE PRESERVATION PLAN
The Owner shall, prior to the issuance of any Authorization to Commence Works as
provided herein, have received the written approval of the Director of Planning
of a plan of the said Lands, hereinafter called the "Tree Preservation Plan" and
sho\'d ng thereon:
(1) the location and approximate size of all existing trees over 30.5 cm. in
circumference at 1.5 m. above the ground; and
(2) the location of all existing trees referred to in subparagraph (1) hereof
intended to be removed during the development of the said lands.
No work shall be done and no such trees removed until the Tree Preservation Plan
is approved and only then, in accordance with such approved Plan. It is agreed
by the 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.
4.2 USE OF SAID LANDS
The Owner agrees that the said Lands shall not be used for any purpose other
than that set out in Schedule "M" hereto without the prior written consent of
the Town.
4.3 LANDS UNSUITABLE FOR BUILDING
The Owner agrees that the lots and blocks of the Plan which are set out in
Schedule "Nil 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 "Nil hereto for such lot
or block have been satisfied to the approval of the Directors of Planning and
Public Works and/or any other authorities having jurisdiction.
4.4 LANDS REQUIRING SITE PLAN
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 "0"
shall be made until the Owner has entered into a Site Plan Agreement with the
Town respecting the development of such lot and unless the application for a
building permit complies in all respects with the terms of the said Site Plan
Agreement.
4.5 REQUIREMENTS FOR BUILDING PERMITS
Neither the execution of this Agreement by the Municipality 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:
(1) all easements for Utilities or drainage, or other purposes across the
lot or block in respect of which a building permit is proposed to be
issued have been transferred to the 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 base course of asphalt, to the
written approval of the Director unless otherwise approved by the
Director. Alternatively, if weather conditions prevent the
construction of the base course of asphalt, an additional lOOmm layer
of Granular 'A' gravel may be installed as a disposable
"contamination" surface; and
L. R . : 26 .2.85
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(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 have
been constructed and installed to the approval of the authorities
having jurisdiction over such Utilities. Alternatively, the Town has
received written confirmation from such authorities that sufficient
financial securities have been received to cover the design and
installation of same; and
(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
(6) the balance of all Development Levies have been paid in respect of
the lot or block in the Plan for which the bUilding permit is applied
for; and
(7) the Owner has deposited the Occupancy Penalty fee as required by
paragraph 3.15 of this Agreement; and
(8) if the application for a building permit is in respect of any lot or
block set out in Schedule "N" the Owner has fulfilled the conditions
with respect to the lots and blocks as set out in Schedule "N" as
required by paragraph 4.3 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 11011 the Owner has entered into a Site
Plan Agreement with respect to the lots or blocks as set out in
Schedule "0" as required by paragraph 4.4 of this Agreement.
(10) the Owner has provided the Director of Planning with a mylar copy of
the registered plan of this subdivision.
(11) the Performance Guarantee and/or Maintenance Guarantee required
pursuant to this Agreement has been deposited with the Town and is in
good standing.
(12) the applicant has submitted a site plan satisfactory to the Director,
and verified by the Ownerls Engineer that the final grades of the
respective lot(s) or block(s) is appropriate for the building(s)
proposed to be constructed and the grading of the lot and proposed
access conforms to the approved lot grading plan, and the Town1s
Design Criteria and Standard Detail Drawings.
4.6 MODEL HOMES AND ARCHITECTURAL CONTROL
(1) (a) Notwithstanding the provisions of paragraph 4.5 of this Agreement, the
Owner may apply for building permits for up to Twenty (20) model homes
on the lands, provided that such application is in conformity with the
requisite by-laws of the Town and The Ontario Building Code, 1980, and
provided that all building permit fees, occupancy penalty, performance
guarantee and appropriate development levies as provided for in this
Agreement have been paid or provided.
(b) The Owner agrees that prior to issuance of building permits in respect
of model homes, to obtain the approval of the Director of Public Works
in respect of access to the model homes, or alternatively that, any
road required to provide access to the model homes shall be
constructed to the completed Granular B base with a 10 cm
contamination layer of Granular A which shall be removed and disposed
of prior to final construction of the road.
L . R . : 26.2.85
~~
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~"'-~lC ) 5
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(2) The Owner agrees that any model home shall be used for display purposes
only and shall not be occupied for any residential purpose until such time as
the provisions of paragraph 4.8 of this Agreement have been complied with and if
such model home is occupied for residential purposes contrary to this paragraph
the provisions of paragraph 3.15 shall apply.
(3) (a) the Owner covenants and agrees with the Town that he 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 of all dwellings be at least 40 percent masonry
e.g. brick, stone or other earthern products, but excluding stucco and
concrete block, or at least 40 percent finished wood siding, excluding
plywood, particle board or other similar wood sheeting materials.
(b) the Owner covenants and agrees that in the Agreement of Purchase and
Sale, he will require each builder purchasing from him to file, prior
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
shO\'Iing housing types, elevations and the distribution of models on
such lots.
(c) the Owner covenants and agrees that there will be a variation in the
design of the homes to be constructed, and that not more than two (2)
abutting homes shall be similar in model type.
4.7 REQUIREMENTS FOR SALE OF LANDS
The Owner agrees not to sell any or all of the said Lands until:
(1) the Town 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 issued in respect of any lot or block
proposed to be sold, the Owner has obtained from the prospective purchaser
a covenant that such purchaser agrees at any time prior to the issuance of
a building permit, to provide the 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 Performance Guarantee and/or Maintenance Guarantee required pursuant to
this Agreement has been deposited with the Town and is in good standing.
(5) the Owner has inserted in the agreement to purchase entered into by the
prospective purchaser, notice that the lands are subject to the covenants
and obligations set forth in this Agreement, and more particularly, Section
5.28 in respect of obligations of subsequent owners.
4.8 REQUIREMENTS FOR AUTHORIZATION TO OCCUpy
Notwithstanding the requirements of any statute regulation or by-law for the
issuance of any permit authorizing the occupancy of any dwelling or other
structure, the Owner shall not permit any building on the said lands to be
occupied, and no one shall occupy such building without the written permission
of the 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
L.R.: 26.2.85
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(2) all ~of the storm drainage 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 certification being
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.
(6) The building has received all final inspections required pursuant to the
Building Act and/or the Plumbing Code.
(7) Notwithstanding the provisions of sub-paragraph (5) of this Clause the
Owner shall be entitled to a temporary Occupancy Permit in the event that
the Owner has not been able to comply with the requirements of
sub-paragraph (5) by reason of seasonal, weather or other conditions
beyond the control of the Owner. Pri or to the "Temporary Occupancy" of
said dwelling, confirmation with respect to the compliance with the
provisions of Sub-paragraphs 4.8(1),4.8(2),4.8(3),4.8(4) and 4.8(6) is
to be provided, in writing, by the Owner. Furthermore, the written
certification required in Section 4.8(5) shall be provided to the Town
within one (l )year of the date of "Temporary Occupancy" of said dwelling
unit. Failure to comply with the above will result in a reduction of the
Occupancy Deposit Letter of Credit pursuant to the provisions of Paragraph
3.15.
4.9 SPECIAL CONDITIONS
4.9.1 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 by Schedule "Q" hereto.
4.9.2 The Owner hereby agrees to carry out or cause to be carried out, to the
satisfaction of the Ministry of Natural Resources, the following matters:
(a) to comply with the Fill, Construction and Alteration to Waterways
Regulation of the Central Lake Ontario Conservation Authority as it
applies to this site and to comply with any conditions made on any
permit which may be issued under these regulations.
(b) to neither place nor remove fill of any kind, whether originating on
the site or elsewhere; nor alter any existing vegetation in Block 86
without written consent of the Central Lake Ontario Conservation
Authori ty.
(c) to erect a snow fence, or other suitable barrier along the rear of
Lots 36 to 44 inclusive to prevent the unauthorized dumping of fill
or alteration of vegetation in Block 86. This barrier shall remain
in place until all grading, construction, and re-sodding on the site
is completed.
4.9.3 The Owner hereby agrees to carry out or cause to be carried out, to the
satisfaction of the City of Oshawa, the following matters:
(a) That the Owner submit to the City of Oshawa for approval, plans and
drawings for any works to be undertaken on Town1ine Road and the
Owner satisfy the requirements of the City of Oshawa Roadway
Restoration Deposit By-law 11-79.
(b) That the Owner satisfy the City of Oshawa, financially and otherwise,
with respect to a~ relocation, extension or alteration of services
within the City of Oshawa as may be necessitated by this development.
L . R . : 26. 2.85
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5.
5.1
PUBLIC WORKS
TOWN WORKS REQUIRED
The Owner shall be responsible for the construction and installation of the
services and landscaping more particularly referred to in Schedule "G" hereto
(hereinafter called lithe 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.
5.2 UTILITIES REQUIRED
The Owner shall be responsible for entering into agreements with the appropriate
Public Utilities Commission or other such authori~ or company having
jurisdiction in the area of the said lands for the design and installation of
the Util i ti es as more parti cul arly referred to in Schedule "HII.
5.3 OWNER1S ENGINEER
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.
5.4 DESIGN OF WORKS
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.
5.5 APPROVAL OF ENGINEERING DRAWINGS
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-approval 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.
5.6 APPROVAL OF GRADING AND DRAINAGE PLAN
The Owner shall, prior to the issuance of any Authorization to Commence Work as
provided herein, have received the written approval of the Director of a plan,
hereinafter called the "Grading and Drainage Plan", and showing thereon the
existing drainage pattern on all adjacent lands, all proposed grading and
drainage works for the said Lands, indicating the direction of all surface
drainage, including water from adjacent lands originally flowing through, into
or over the said lands to the municipal storm sewer system or any other outlet
approved by the Director. This Grading and Drainage Plan shall be approved and
signed by the Director prior to the construction of any services or roads on the
said Lands. If no construction of the works is commenced within two (2) years
of the date of approval of the Grading and Drainage Plan, the Grading and
Drainage Plan shall be resubmitted to the Director for reapproval and revision,
if required by the Director and no such work shall be done unless in accordance
with the said revised and reapproved drawings.
5.7 STAGING OF WORKS
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 Director of Public Works,
a plan hereinafter called the "Staging Plan" which divides the Plan into stages
for the construction, installation and maintenance of the Works and Utilities.
L . R . : 26. 2.85
A(d;j
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The Owner shall not proceed until such Staging Plan has been approved by
Council, and shall proceed only in accordance with such approved Plan, except as
it may be subsequently amended with the approval of Council.
5.8 APPROVAL OF SCHEDULE OF WORKS
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
Di rector.
5.9 APPROVAL OF COST ESTIMATE
The Owner agrees that, prior to the issuance of any Authorization to Commence
Work as hereinafter provided, the estimated cost of construction and
install ation of. all of the Works, herei nafter called the "Works Cost Estimatell,
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.
5.10 REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS
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 Worksll. 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 Region; and
(2) the Plan has been registered; and
(3) the Owner has delivered a registered copy of this Agreement and copies of
the Plans and Agreements as required by paragraph 2.2 of this Agreement; and
(4) the Owner has paid to the Town any outstanding charges against the said
lands required by paragraphs 3.1, 3.2, 3.3 and 3.4 of this Agreement; and
(5) the Owner has conveyed to the Town any easements as required by paragraph
2.3 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 2.4 and 3.5 of this Agreement, and a~ 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 5.2 of this Agreement; and
(8) the Owner has appointed an Engineer as required by paragraph 5.3 of this
Agreement; and
(9) the Owner has received the written approval of the Director for the
Engineering Drawings as required by paragraph 5.5 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
L. R . : 21. 3.85
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(11) the Owner has received the written approval of the Director of the
Grading and Drainage Plan as required by paragraph 5.6 of this Agreement; and
(12) the Owner has received the written approval of the Director of Planning
for the Tree Preservation Plan as required by paragraph 4.1 of this Agreement;
(13) the Owner has received the written approval of the Director of Public
Works for the Staging Plan as required by paragraph 5.7 of this Agreement; and
(14) the Owner has received the written approval of the Director for the
Schedule of Works as required by paragraph 5.8 of this Agreement; and
(15) the Owner has received the written approval of the Director for the Works
Cost Estimate and/or Stage Cost Estimate as required by paragraph 5.9 of this
Agreement; and
(16) 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 3.6 of this Agreement; and
(17) the Owner has deposited with the Town any policies of insurance as
required by paragraph 3.8 of this Agreement; and
(18) the Owner has paid all Town costs as required by paragraph 3.13 of this
Agreement as of the date of the issuance of the Authorization to Commence Works;
and
(19) the Owner has paid all costs due to the Town for oversizing as required by
paragraph 5.27 of this Agreement; and
(20) notwithstanding the above the Owner may commence installation of the work
as referred to in Schedule IIG" hereto wi th the written aproval of the Di rector t
prior to the registration of the Plan provided that Sections
3,4,7t8,9tlO,11,14,15t16t17 and 18 of this Clause have been satisfied. No
Certificate of Acceptance of the workt as referred to in Clause 5.25 of this
Agreementt shall be issued by the Directort until the Plan has been registered
and all other requirements relevant to the Certificate of Acceptance have been
met. The construction or installation of a~ of the work pursuant to this
clause shall, notwithstanding the aforementioned approval of the Director, be
taken at the sole risk of the Owner. The Owner shall save harmless the
Municipality from any action or cause of action resulting from the construction
or installation of any of the work as may be undertaken pursuant to this Clause.
5.11 REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT S~AGES
If the Town has approved a Staging Plan for the said landst 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 Plant in
addition to any other requirements contained herein, no Authorization to
Commence Works shall be issued for a~ 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.
5.12 INSPECTION AND STOP WORK
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 or in the event the financial guarantees,
required pursuant to this Agreementt are not maintained in good standing.
L. R. : 26 . 2. 85
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5.13 PROVISIONS FOR CONSTRUCTION AND INSTALLATION
All of the Works shall be constructed and installed in accordance with tne
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.
5.14 SEQUENCE OF CONSTRUCTION AND INSTALLATION
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.
5.15 COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION
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.
5.16 ADDITIONAL FACILITIES OR WORK REQUIRED
If, in the opinion of the Director, any minor or incidental additional work is
required to provide for the adequate operation and functioning of the Works, the
Owner shall, until the conclusion of the maintenance guarantee period, construct
or install such additional facilities and perform such additional work as the
Town may request from time to time.
5.17 INCOMPLETE OR FAULTY WORK
(1) 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 Municipality would not have executed this
Agreement.
(2) In the event that any liens are filed under The Construction Lien Act such
filings shall constitute a default in performance under this agreement, then in
any such case the Director may notify the Owner and his surety in writing of
L. R. : 26.2.85
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such default and if the Owner fails to satisfy claims of the lien claimant
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, then the Municipal
Council shall thereupon have full authority and power immediately, at its
option. to pay the full amount of the claim and costs into an appropriate court
having jurisdiction and the Municipality shall be authorized to use all or part
of any performance or maintenance guarantee to do so. In the event that the
Municipal ity draws upon the performance or maintenance guarantee to satisfy the
claims and costs of any lien claimant, the Owner shall forthwith upon notice
from the Director reinstate the performance or maintenance guarantee to the full
value required under the terms of the agreement.
5.18 ENTRY FOR EMERGENCY REPAIRS
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.
5.19 DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS
(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
Lands or any of the work required by this Agreement. provided all work is to be
done to the satisfaction of the Director and/or authorities responsible for such
services. 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:
(a) 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
(b) where the interference to a well or private water supply is of a long
term duration, at the option of the Owner and at his expense. connect
the affected party to the Town water supply system or provide a new
well or private water system so that water supplied to the affected
party shall be of a quality and quantity at least equal to the
quality and quantity of water enjoyed by the affected party prior to
the interference.
5.20 USE OF WORKS BY TOWN
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.
L.R.: 26.2.85
~(a
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- 19 -
5.21 MAINTENANCE OF ROADS AFTER COMPLETION
(1) Notwithstanding any other requirement in this Agreement to maintain the
Works, if any building on the said Lands is occupied, the Owner shall maintain
all of the roads, which are required to be constructed and which provide access
to such building, until a Certificate of Acceptance has been issued for such
road. The Owner shall:
(a) maintain the roads at all times in a well drained, dust and mud free
condition, fit for all normal vehicular traffic, to the approval of the
Director; and
(b) during the course of installation of the Works and Utilities provide and
maintain safe and adequate access to all occupied buildings.
(2) The Town agrees to snowplow and sand paved subdivision roadways. Until
the roadways are vested in the Town the Owner shall pay one hundred percent
(100%) of the actual cost of snowp10wing and sanding such roadways.
(3) The provisions of any work or service by the Town under paragraph 5.18 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.
5.22 REQUIREMENTS FOR CERTIFICATE OF COMPLETION
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 IICertificate 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.
5.23 PERIOD OF-REQUIRED MAINTENANCE OF WORKS
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
as follows:
(a) Initial Stage of Road Construction: the greater of, two (2) years
from the issuance of the Certificate of Completion for the initial
stage of road construction or upon the date of the issuance of the
Certificate of Completion for the final stage of road construction.
(b) Final Stage of Road Construction: one (1) year from the date of the
issuance of Certificate of Completion for the final stage of road
construction.
5.24 REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE
The Owner agrees that any of the Works covered by a Certificate of Completion
shall not be accepted, nor deemed to be accepted, for the purpose of this
Agreement, until the Director has provided the Owner with written confirmation
thereof, referred to herein as a "Certificate of Acceptance". In addition to
any other requirements contained herein, no Certificate of Acceptance shall be
L. R. : 26 . 2 . 85
~(4
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p~~ a3
- 20 -
issued until all of the Works covered by such Certificate of Completion have
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 5.23 of this Agreement.
5.25 OWNERSHIP OF WORKS BY TOWN
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.
5.26 REQUIREMENTS FOR CERTIFICATE OF RELEASE
Upon compliance with subparagraph (1), (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 fonn 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, acknowledged that the Owner has met
all 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.
5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES
(1) In the event that the Owner is re9uired to install oversized services
(hereinafter called "0versized Services') or services outside the limits of the
Plan of Subdivision (hereinafter called "External Services") which are more
particularly set out in Schedule "P" hereto, the Town agrees that upon a
developer of lands outside the Plan of Subdivision connecting to such Oversized
or External Services, to pay to the Owner that portion of the cost of the
Oversized or External Services (which is also set out in Schedule "PII) that is
equal to the proportion of the excess capacity of such Oversized or External
Services which is estimated to be utilized by such developer. The excess
capacity of such Oversized or External Services shall be the capacity of such
services estimated to be available after the Owner has fully developed the
lands. The portion of such Oversized or External Services estimated to be
utilized by a developer of lands outside the Plan of Subdivision shall be
calculated by the Director, whose decision shall be final. In determining the
cost of the Oversized or External Services there shall be added annually from
the first anniversary of the issuing of the Certificate of Completion to the
costs set out in Schedule "P" a sum equal to the interest on the amount of the
unpaid balance from time to time of the cost of the Oversized or External
Services calculated from the date of the issuance of the Certificate of
Completion, at the highest prime lending rate charged during the previous year
by the Bank of Montreal at its main branch in the City of Toronto, plus two
percent (2%).
(2) In the event that payment is required to be made under this paragraph by
the Town before the issuance of a Certificate of Completion, no interest shall
be added to the cost of Oversized or External Services.
L . R . : 26.2.85
~(&
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- 21 -
(3) In the event that payment is required to be made under this paragraph by
the Town before the first anniversary of the issuance of the Certificate of
Completion, interest shall be calculated at the highest prime rate charged by
such bank, plus two percent (2%) from the date of the issuance of the
Certificate of Completion to the date of payment. Interest shall be calculated
on a per diem basis to the date of payment.
5.28 RESPONSIBILITY FOR DRAINAGE
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) The registered owner shall be responsible for providing and
maintaining adequate drainage of surface waters from such lot or block in
accordance with the approved lot grading and drainage plans referred to in
Paragraph 5.6 herein.
(2) The registered owner of Lots 22 - 44 inclusive shall be responsible
for maintaining fencing required pursuant to Paragraph 7 of Schedule "G" to this
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,
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William Tonno, Chairman
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THIS SCHEUULE IS SCHEDULE IIAII to the Agreement which has been authorized and
approved by By-law No. ~~-cl of the Corporation of the Town of Newcastle,
enacted and passed the a.<;,-\-~ day of \'-\.Qrc.k. 1985.
LEGAL DESCRIPTION OF SAID LANDS
(by Reference Plan)
All aa4 '1a91l1u ~ac _1'-.111 parcel or craot. of 1aa4 aAd
........ ale...._ 1yiDV aDd be1D9 1A Qe 'I'OWD of .......1.,
la .... ...1...1 MUIllclpal1t.y of I)ubaa (foc.erly 'lova8blp of
.Du'1~.), u4 Mia9 OOIIpoM4 of Put 1, aocordlDt .0 a
...1._. plao of ....., 4epoa1".4 1aa tM Laa4 Ra918ur Office of
Newcastle WCX"DU!aV No. 10 .. p1&1l 10.-1'7)~ PA-D" OP PA-e.L8"L 35- I Co"-l .l..
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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
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PL'A N OF
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REGION'AI.. .1.... 'MUNICIPALfTV OF' DURHAM
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AND CAN e,cONV_RTIOi TO FliT BY DIVIDING 8Y O.3048.~
CAUlION: THIS PlAN~ 18 NOT A PLAN QF SUBOlVISION
wtTHIN THE MEANING OF THE PLANNING ACT.
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BIARINGS ARI: ASYRONOMIC . OIIUVIO FROU OC4AA oes'aRVA"fIONS . ANO ARI
AI'IA810 TO fHI MIRIQIAN PASSING fHROUGH rtfl S. W. ANOlI 0' lOT a .
.' ' CON, I" C.* tV ~' 9~H~W.. AIClOHA\ WVHh3),A\.UY Qt OURHAM.
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MONUMCMtAflON 'OUHO
~ONUMIHTATION PLANTeo
b 8' DENOTES DONIVAN & fLI'SCHMAHN co. LTD.
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SURVEYOR' S( CERtiFICATE
I CIArl'Y THAT' .,., \, > '.
I. THIS SURVEY 'AHD ~N ARE CORRECT ANP IN ACCORdANCE WITH
THE SURV1YS ACT AND THE LAND ,TITlIS Act ANO THE~' REGULATIONS
MAOE TijIRIUHOfR. .
a. THE SURYIY WAS COMPLETED .Q1N THE 10th. DAY 0' MARCH. 1983.
.
~_ARCH ~~:..--
DATE
__t~~.__
C. F, FLEISCHMANN
. ONTARIO LAND SURVIYOR
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OONEVAN. a FLEI'SCHMANN co. LTD.
ONTARIO lANP . SURVEYORS
IfO'NTARIO st','". ,", SHERIDAN MALL,
OSH4WA.lIO 4Y6." PICKIRIOOtLIV IB8.
12~ - 4790.683.3101 $39'- 8693
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THIS SCHEl1ULE IS SCHEDULE liB II to the Agreement whi ch has been authorized and
approved by By-law No. ~5-ol of the Corporation of the Town of Newcastle,
enacted and passed the 8.':>{.,,- day of I1..QrcL 1985.
PLAN OF SUBDIVISION
(copy of final plan prior to registration)
IN WITNESS WHEREOF the parti es hereto have hereunto set their hands and seal s
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 ~ HE CORP.A HON OF THE }'~~.""'~~.~~?"~?r.~E
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SUBDIVISION
LOT 35 , CONCESSION
DARLINGTON ,now
NEWCASTLE
MUNICIPALITY OF DURHAM
1250 j C. F. FLEISCHMANN , O.L.S. t 1984.
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PLAN 10M -___________
I CERTIFY THAT THIS PLAN 10M -____IS REGISTERED
IN THE LAND REGISTRY OFFICE FOR THE LAND TITLES
DIVISION OF NEWCASTLE(W~IO) AT___O'CLOCK ON
THE ____DAy OF ________ ,19--, AND ENTERED
1 N THE REGISTER FOR PARCEL _________,
SECTlON_________1 AND REQUIRED CONSENTS AND
AFFIDAVITS ARE REGISTERED AS PLAN DOCUMENT N2
LAND REGISTRAR
APPROVED_ ________________
EXAMINER OF SURVEYS
NOTE
THIS PLAN COMPRISES PART OF PARCEL 35 - I .
SECTION CON. I. NEWCASTLE (DARLINGTON)
CURVE DISTANCES SHOWN ON Pu\N ARE ARCS
CURVE
DATA
TABLE
RADIUS ~ ARC CHORD
_~~ 28007T~ ~-. 409 ~- 11.295 N 850""57' 3011E
23.25 29041'24w- 12.048 11'913-~- N65008T18"W
23 - 25 290 24r04rr- -11"93-,-- - '-1-' 800 - N 3~ 35' 34TrW
-I~~ 25 030 2412rr- -~T38I- --,--: 381---- -N19o 11'26lJ"W_
--u-. 50 --' -220 49T33n- ~"55'7 10. 487 N34045'I2l1W
26' 50 290 22TIOTT 13.584 - -'"3 ' 4 36 ~ -~'(6"ao 39T22"W
26. 50 26036' III' 12 ,304 12. 194 -ij-19oI9'-49TIE-
26.50 27044'43 12.833 12.708 N46030l6t
26. 50 250 03T 45" I I - 592 II .500 N a80()-l3STYe:
23.25 17017 29JT- ~-~-7~OI7- ."6-'--9'90- N-SOcf32'45lrE
- 23. 25-- -35030' 26a- -14-:-408-- 14~-17-9"- N 73003' lallw
.-. 23.25 290I9'051r- -----1~1~897~- ~'1~.~7-68 N40o-38'33TfW
-- -'-23~-2 5--" 0-,053' 00<<--- r-- -TI99--- "-3~196u N 22oW301T\ii
6 26.50 15008'08" 7.000 6.980 N67056T41fJE
Lor
21
22
23
24
33
34
35
36
37
42
43
44
45
BLK.8
OWNER t 5
CERTI FI CA TE
I. THIS IS TO CERTIFY -mAT LOTS I TO 84, BOTH INCLUSIVE: ,BLOCKS 85 a 86,
THE STREETS , NAMELY PINEDALE CRESCENT, GLENEAGLE DRIVE. PEBBLEBEACH DRIVE
AND GLENA8BEY ROAD, THE STREET WIDENING. BLOCK 87. AND THE RESERVES.
BLOCKS 88,89,90 a 91, HAVE BEEN LAID OUT IN ACCORDANCE WITH OUR
INSTRUCTIONS.
2. THE STREETS AND THE STREET WIDENING. BLOCK 871 ME HEREBY DEDICATED AS
PUBLIC HIGHWAYS.
DATED THIS-___DAY OF.-___________, 19___.
GATE HOUSE
HOLDI NGS
L TO.
C. POTTER t PRESIDENT
APPROVED BY THE COMMISSIONER OF PLANNING PURSUANT TO BY - LAW
NU MBER 184- 80, AS AMENDED, OF TH E REGIONAL MUNICIPALI TY OF
DURHAM ON THE____ DAY OF ________, 19__.
COMMISSIONER OF PLANNING
APPROVED BY THE CORPORATION OF THE REGIONAL MUNICIPALITY OF
DURHAM. IN WITN ESS WHEREOF THE CORPORATION HAS HEREUNTO
AFFIXED ITS SEAL t PR())ERLY ATTESTED I THIS-__DAYOF_____-1
19__.
REGIONAL
CHAIRMAN
REGIONAL
CLERK
SURVEYOR '5
CERTI FICATE
I CERTI FY THAT:
I. THIS SURVEY AND PLAN ARE CORRECT AND I N ACCORDANCE WITH THE
SURVEYS ACT AND THE LAND TI TLESACT AND THE REGULATIONS MADE
THE R EUN DER.
2. -mE SURVEY WAS COMPLETED ON THE 8th DAY OF APRIL, 1985.
APRIL 9, 1985.
DATE
C. F. FLEISCHMANN
ONTARIO LAND SURVEYOR
NOTE
BEARINGS ARE ASTRONOMIC AND ARE REFERRED "[0 THE NI80061W OF
AN EAST LIMIT OF PART I . PLAN 10R- 1673 ,TOWN OF NEWCASTLE I
REGIONAL MUNICIPALITY OF DURHAM,
STANDARD IRON BARS . SHOWN THUS
16 mm. sq. IRON BARS, 60cm. LONG, SHOWN THUS
MONUMENTATION FOUND
I RON BARS PLANTED , SHOWN THUS
STANDARD IRON BARS PLANTED, SHOWN THUS
SIB.
lB.
.
--0--
~
OONEVAN a FLEISCHMANN co. L TO.
ONTARIO LAND SURVEYORS
II ONTARIO S1:, SHERIDAN MALL,
OSHAWA, LIG 4Y6. PICKERING, LIV 188.
725- 4795 ,683- 3701 839- 8693
DRAWN BY: m.s.j. I CHKD. BY: G_C.F.-~ALE -~1-250TJOB-N2 "-476~
. -I '( I I
~~~ d.-9
> THIS SCHEGULE IS SCHEDULE "CII to the Agreement which has been authorized and
approved by By-'law No. -05"-3 \ of the Corporation of the Town of Newcastle,
enacted and passed the b2s-i-\..... day of M..c......cL 1985.
CHARGES AGAINST SAID LANDS
(1) MUNICIPAL TAXES
(to be established)
(2) LOCAL IMPROVEMENT CHARGES
(3) DRAINAGE CHARGES
(to be established)
(to be established)
IN WITNESS WHEREOF the parti es hereto have hereunto set thei r 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. R . : 26.2.85
) THE CORPO AT I ON OF THE T.Q~N~~ :'~~~tl~
) l' \ ........' 4.....:l, h..
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William Tonno, Chairman
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. THIS SCHEDULE 1:5 SCHEDULE "0" to the Agreement which has been authorized and
approved by By-law No. r~-3\ of the Corporation of the Town of Newcastle,
enacted and passed the c9s{.1.-.. day of M.a..\"cL 1985.
DEVELOPMENT CHARGES
The Owner shall pay to the Town development charges in the amount of $76,860.00
(calculated at the rate of $915.00 fot each dwelling unit) which shall be paid
as follows:
25% of the aforesaid sum at the date of the issuance of the building
permit for the first dwelling unit.
25% of the aforesaid sum prior to the issuance of the building permit for
the twenty-second (22nd) dwelling unit to be constructed.
25% of the aforesaid sum prior to the issuance of the building permit for
the forty-third (43rd) dwelling unit to be constructed.
the remainder of the aforesaid sum twenty-four (24) months following
issuance of the building permit for the first dwelling unit or upon the
issuance of the building permit for the sixty-fourth (64th) dwelling unit,
whichever date is the sooner.
For the purposes of this Schedule and the Agreement development charges actually
paid to the Town shall be applied in the first instance on a pro-rata basis
against all lots or blocks within the Plan upon which it is contemplated by this
Agteement that residences shall be built but, upon the issuance of the first
building permit and thereafter, the development charges shall be first applied
in full satisfaction of the development charges owing on the lots or blocks in
respect of which the building permits have been issued and the balance of any
development charges actually paid to the Town (if any) shall be applied on a
pro-rata basis against all lots or blocks within the Plan upon which it is
contemplated by this Agreement that residences shall be built but for which no
building permit has been issued.
For the purposes of this Schedule and the Agreement the number of building
permits issued shall be the aggregate of all building permits issued with
respect to any lot or block within the Plan whether issued to the Owner or any
other pe rson .
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.
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
affi xed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
L.R. :
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SIGNED, SEALED AND DELIVERED
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THIS SCHEDULE 1'5 SCHEDULE "E" to the Agreement which has been authori zed and
approved by By-law No. 'B"~-~ \ of the Corporation of the Town of Newcastle.
enacted and passed the a..s--\-\-.. day of '""-Q.-Ck.. 1985.
GRANTS OF EASEMENTS TO BE DEDICATED
The Owner shall deliver to the Town in a form satisfactory to the Town the
following easements:
(by reference 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)
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TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
SCALE I : 500, C. F. FLEISCHMANN,O.L.S., 1984.
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I REQUIRE THIS PLAN TO BE
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PLAN IOR-___
RECEIVED AND DEPOSITED
DATE_______
DATE _______
SIGNATURE
LAND REGISTRA R FOR THE
LAND TITLES DIVISION OF
NEWCASTLE lNQ 10)
PARTS I a 2: PART OF PARCEL
PLAN - I , SECTION
10M-
APPROVED___ ___ ___
EXAMINER OF SURVEYS
"CAUTION" THIS PLAN IS
WITHIN THE MEANING OF
NOT A PLAN OF SUBDIVISION
THE PLANNING ACT.
METRIC: DISTANCES SHOWN ON THIS PLAN ARE IN METRES
AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048
NOTE
BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE N71054'E OF
PINEDALE CRESCENT AS SHOWN ON PLAN 10M - I
TOWN OF NEWCASTLE. REGIONAL MUNICIPALITY OF DURHAM.
STANDARD IRON BARS. SHOWN THUS SIB
16 mm sa. IRON BARS, 60em LONG. SHOWN THUS IB
20 mm DIA. ROUND IRON BARS. 60 em LONG, SHOWN THUS IB 0
MONUMENTATlON FOUND .
MONUMENTATION PLANTED 0
SURVEYOR'S
CERTIFICATE
, CERTIFY THAT:
1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE
SURVEYS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE
THEREUNDER.
2. THE SURVEY WAS COMPLETED ON
DATE
C. F. FLEISCHMANN
ONTARIO LAND SURVEYOR
OONEVAN a FLEISCHMANN CO. L TO.
ONTARIO LAND SURVEYORS
" ONTARIO ST., SHERIDAN MALL,
OSHAWA, L1G 4Y6 PICKERING, L1V IB8
725 -4795 , 683 -3701 839- 8693
DRAWN BY: W.F.C. CHKD. BY: G.C. F. l SCALE I: 500 I JOB N2 1- 4709 E
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PROCESS PHOTO GRAPHIC
INK SPECIAL 'T'
I REQUIRE THIS PLAN TO BE
DEPOSITED UNDER THE LAND
TITLES ACT.
OF PART OF BLOCK 86, PLAN
TOWNSHIP OF DARLINGTON,
RECEIVED AND DEPOSITED
now in the
DATE_______
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY CF DURHAM
SCALE - I: 1000, C. F. FLEISCHMANN. O. L.S.. 1985.
DATE_______
SIGNATURE
C\J
LAND REGISTRAR FOR THE
LAND TITLES DIVISION OF
NEWCASTLE (NC2 10 )
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OF NEWCASTLE. REGIONAL MUNICIPALITY OF DURHAM.
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1 CERTIFY THAT
1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE
SURVEYS ACT AND THE LANO TITLES ACT AND THE REGULATIONS MADE
THEREUNDER.
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C. F. FLEISCHMANN
ONTARIO LAND SURVEYOR
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DONEVAN
ONTARIO
II ONTA~IO ST. I
OSHAWA J L1G 4Y6
725-4795, 683 -3101
DRAWN BY; ~ CHKD. BY: G.C.F.
a
FLEISCHMANN CO. LTD.
LAND SURVEYORS
SHERIDAN MALL J
PICKERING, lIV IB8
839- 8693
I SCALE I: 1000 I JOB N2 1- 4709 E
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THIS SCHEDULE IS SCHEDULE IIF" to the Agreement whi ch has been authori zed and
approved by By-law No. r)-31 of the Corporation of the Town of Newcastle,
enacted and passed the d5"~\.....day of KQ,.-cL 1985.
LANDS 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:
Block 87:
Block 88:
Block 89:
Block 90:
Block 91:
Townline Road widening
0.30 Metre Reserve
0.30 Metre Reserve
0.30 Metre Reserve
0.30 Metre Reserve
(2) CASH IN LIEU OF LANDS
dedication
The Owner shall pay to the Town, as cash in lieu of the ~~*koo by the ();
)Owner to the Town of lands for public purposes, the amount of five percent '
~ (5%) of the market value ofs~ ~~td dan~~ agreed upon as five percent ~ -
(5%) of $626,700.00, being/~f5~98r;W, rEtp%~enting the value of lands
dedicated for park purposes. Payment of the amount of $15,348.00, is to /~(
be made upon the execution of this Agreement. 1 !'
The dedication of lands for park purposes being Block 190, pursuant to the
condition of draft approval for Plan of Subdivision 18T-81034 shall be
made prior to the issuance of an Authorization to Commence Works for the
remaining portions of the subject lands as draft approval for Subdivision
18T-81034.
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
GATEHOUSE
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THIS SCHEDlJLE IS SCHEDULE "G" to the Agreement which has been authorized and
approved by By-law No. o5-~\ of the Corporation of the Town of Newcastle,
enacted and passed the 0lS"+t-. day of \-'\..u...rC~ 1985.
WORKS REQUIRED
1. STORM SEWER SYSTEM
The Owner shall construct, install, supervise and maintain a storm drainage
system, satisfactory to the Town, for the removal of upstream storm water and
storm water originating within the said lands, including storm sewer mains,
manholes, service connections, catchbasins and leads, open channels, storm
outfalls and any other appurtenances as may be required in accordance with the
Town of Newcastle's Design Criteria and Standard Drawings.
The Owner agrees to produce Engineering Drawings for the storm drainage system,
to the satisfaction of the Director of Public Works.
The Owner agrees to obtain any easements required external to the said lands, at
no expense to the Municipality for the disposal of storm water from the said
1 ands.
2. ROADWAYS
The Owner shall construct and install the following services on the various
streets, shown on the Plan as follows:-
(a) pavement widths to be applied to the following streets:-
(b)
8.5 metres - Pinedale Crescent, Gleneagle Drive, Pebblebeach Drive
10.0 metres - Glenabbey Drive
The grading and paving of all streets, including the installation of
Granular "A" and Granular "8" material to provide a proper base for paving,
shall be as per the Town of Newcastle Design Criteria & Standard Drawings.
The Owner shall construct curbs and gutters on both sides of all streets,
as per the Town of Newcastle's Design Criteria and Standard Drawings.
The Owner shall construct, install and maintain complete sidewalks in
accordance with the Town of Newcastle's Design Criteria and Standard
Drawings, in locations approved by the Director of Public Works.
(c)
( d)
(e)
The Owner agrees to the grading and paving of all driveways between the
curbs and sidewalks, in accordance with the Town of Newcastle1s Design
Criteria and Standard Drawings. The grading and paving of all driveways
between the curbs and sidewalks, where sidewalks are installed, and in all
other cases, the grading and gravelling of the driveway between the curbs
and the lot lines.
(f)
The Owner agrees to construct, install and maintain Street Lighting, in
accordance with the Town's specifications, on all streets and walkways, to
the satisfaction of the Director of Public Works.
(g)
The Owner agrees to the topsoiling and sodding of the boulevards between
the curbs and the property line, as according to the Town of Newcastle's
Design Criteria and to the satisfaction of the Director of Public Works.
L.R. :
26.2.85
/1/ 6/-
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(h) The Owner agrees to sup~ly, install and maintain traffic signs and
permanent street-name slgns, in accordance with the Town's Design Criteria
and Standard Drawings and to the satisfaction of the Director of Public
Works.
(i) The Owner shall provide, plant and maintain, under the supervision of a
qualified nurseryman or horticulturist (and guarantee for one year from
date of planting) one tree on each lot, as per the Landscaping Plan and in
accordance with the Town of Newcastle's Design Criteria and as approved by
the Director of Public Works. Tree species to be to the satisfaction of
the Director, and 2 to 2.5 metres in height and 3 cm. in caliper, staked
and bagged as necessary.
3. PEDESTRIAN WALKWAYS
The Owner agrees to construct, install and maintain completed pedestrian
walkways required by the conditions of draft approval, including all appurtenant
fencing and lighting, in accordance with Engineering Drawings to be approved by
the Director of Public Works, and shall be:
(i) paved or concrete from edge to edge;
(ii) properly drained;
(iii) fenced and screened;'
(iv) extended to the curb of any intersecting streets and provide appropriate
curb cuts at these locations.
4. TEMPORARY TURNING CIRCLES
The Owner shall provide and grant to the Town any turning circle(s) required by
the conditions of draft plan approval in accordance with the Town's Standard
Drawings, and construct and maintain such turning circles in accordance with the
Town's Design Criteria and Standards Drawings, approved by the Director of
Public Works. Such temporary turning circle shall be shown on the final plans
as a block and shall be held by the Town until the extension of Street '~l at
which time the block shall be conveyed without charge to the owners of the
abutting lots.
5. CONSERVATION WORKS
In addition to the work required by the Schedule "Q", the Owner shall construct,
install and maintain certain conservation works within this Plan, such as
retaining walls, drainage channels and watercourse channelization works,
including all appurtenant fences and all other apparatus, in accordance with the
Engineering Drawings approved by the Director of Public Works.
6. LOT GRADING
The Owner agrees to rough-grade all blocks and parks, according to the Tree
Preservation Plan and the Lot Grading Plan, to the satisfaction of the Director
of Public Works and in the case of parks, to the satisfaction of the Director of
Community Services.
7. FENCING
The Owner agrees to supply, erect and maintain fencing in accordance with
Engineering Drawings to be approved by the Director of Public Works.
The following locations for fencing are required along the boundaries of:
(i) reverse frontage of lots - 22 - 35
(ii) park or open space blocks - along the rear of Lots 36 - 44 and the sides
of Lots 36 and 37
L.R.: 11.3.85
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Schedule "G"
8. EXTERNAL WORKS
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- 3 -
The Owner agrees to undertake at his expense, all external works required in
respect of the storm sewer system referenced by Paragraph 1 of this Schedule.
The costs of any oversizing shall be subject to the provisions of Schedule "P"
to this 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
L . R . : 26 . 2 . 85
THE CORP RATION OF THE TOWN, OF, :NEWCASTLE"
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THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been authorized and
approved by By-'law No. ~-?, I of the Corporation of the Town of Newcastle,
enacted and pa s sed the a-S-+k day of ,,"",-o..,c ~ 1985.
UTILITIES REQUIRED
1. ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for
the design, provision and installation of an electrical supply system to serve
the lands, in the locations as approved by the Director. All electrical
services are to be installed underground.
The Owner shall also make any necessary arrangements with any T.V. Cable Campany
in order that the installation of any such system shall take place so far as
possible contemporaneously with the installation of other services so as to
cause minimum disruption of municipal services.
2. STREET LIGHTING SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for
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 acceptance of the works 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 wi th Community Telephone Limited and/or Bell Canada for
the design,provision and installation of a telephone system to serve the said
Lands, as approved by the Director. All telephone services are to be installed
underground.
4. GAS SUPPLY SYSTEM
The Owner shall arrange with an appropriate gas company for the design,
provision and installation of a complete gas supply system to serve the said
Lands, including gas mains, and all appurtenant manholes, laterals, service
connections, apparatus and equipment in the locations as approved by the
Di rector.
5. CABLE TELEVISION
The Owner shall arrange with the Cable Television Company having authority to
provide its services within the area of the Plan of Subdivision for the design,
provision and installation of a complete cable television distribution system to
serve the said Lands. All cable television services are to be installed
underground.
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.
L.R. :
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26.2.85
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THIS SCHEDULE I.S SCHEDULE "1" to the Agreement which has been authorized and
approved by By-law No. ~-31 of the Corporation of the Town of Newcastle,
enacted and passed the 8.'5i-,,---day of "t"-"\Qrc~ 1985.
DUTIES OF OWNER'S ENGINEERS
1. DESIGN WORKS AND PRIVATE WORKS
The Owner's Engineers shall prepare the following for the approval of the
Di rector:
(a) the Engineeering Drawings;
(b) the Grading and Drainage Plan;
(c) the Landscaping Plan;
(d) the Schedule of Work;
(e) the Staging Plan;
(f) the Works Cost Estimate; and
(9) the Stage Cost Estimate.
The approval of the Director shall not absolve the Owner or the Owner's Engineer
of the responsibility for any errors or omissions in the above drawings, Plans
or documents.
2. REPRESENT OWNER AND OBTAIN APPROVALS
The Owner's Engineer shall act as the Owner's representative in all matters
pertaining to the construction and installation of the Works and shall
co-operate with the Town to obtain the necessary approvals for construction and
install ati on.
3. PROVIDE RESIDENT SUPERVISION
The Owner's Engineer shall provide fully qualified supervisory layout and
inspection staff to provide continuous service during all phases of the
construction and installation of the Works and the Private Works and to perform
the fo 11 o\'Ii ng:
(a) provide field layout including the provision of line and grade to the
contractors and, where required, restaking; and
(b) inspect the construction and installation to ensure that all work is being
performed in accordance with the contract doucments; and
(c) arrange for or carry out all necessary field testing of lnaterials and
equipment installed or proposed to be installed at the request of the
Director; and
(d) provide co-ordination and scheduling of the construction and installation
in accordance with the timing provision contained herein and the
requirements of the Director; and
(e) investigate and report to the Director any unusual circumstances which may
arise during the construction and installation; and
(f) obtain field information, during and upon completion of the construction
and installation, required to modify the Engineering Drawings tp produce
the As-constructed drawings.
4. MAINTAIN RECORDS
The Owner's Engineer shall maintain all records pertaining to the construction
and installation.
5. PROVIDE PROGRESS REPORTS
The Owner's Engineer shall provide the Director with reports on the progress of
the construction and installation on a monthly basis, or at such other interval
as approved by the Director.
L.R.: 26.2.85
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Schedul e r
6. PREPARE AS CONSTRUCTED DRAWINGS
- 2 -
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The Owner's Engineer shall prepare the As-constructed Drawings for the approval
of 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 )
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L. R . : 26.2.85
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THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been authorized and
approved by By-law No. ~~-~I of the Corporation of the Town of Newcastle,
enacted and passed this J.Sl"- day of l--\o..rcL 1985.
COST ESTIMATES
ESTIMATED COST OF WORKS- GATEHOUSE HOLDINGS
1) Letter of Credit
A)
Initial Stage of Road Construction
Roads
Storm Sewers
Street Lights & Traffic Signals
Engineering & Contingencies 15%
Detention System
Construction
Engineering & Contingencies 15%
$ 149,497.00
294,555.00
25,500.00
$ 469,552.00
70,432.80
$ 539,984.80 (Subtotal)
$ 87,050.00
13,057.50
$ 100,107.50 (Subtotal)
B) Final Stage of Road Construction (Including Townline Rd.)
Roads
Fencing, Driveways & Tree Planting
Engineering & Contingencies 15%
$ 184,405.00
37,415.00
$ 221,820.00
33,273.00
$ 255,093.00 (Subtotal)
$ 895,185.30 (Letter of
Credit)
TOTAL WORKS COST ESTIMATE
2) Cash Contributions (to be paid upon execution of Agreement)
1) Townline Road South 206.53m (Length of Frontage)
2) Pebblebeach Drive 3.0 m (Length of Frontage)
$ 21,995.50
$ 908.50
The Performance Guarantee has been based on Preliminary Estimates only, and,
when the final Engineering Drawings have been approved by the Director of
Public Works, a revised Cost Estimate of the Works, Underground Hydro,
Engineering and Contingencies shall be prepared by the Owner's Engineer and
submitted to the Director of Public Works for his approval. This revised
Cost Estimate shall be used as a basis to adjust the Performance Guarantee,
if the Estimate increases or decreases.
IN WITNESS WHEREOF the parti es hereto have hereunto set their hands and seal s
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.
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SIGNED, SEALED AND DELIVERED)
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THIS SCHEDULE IS SCHEDULE IIKII to the Agreement which has been authorized and
approved by By-law No. ~5"-i31 of the Corporation of the Town of Newcastle,
enacted and passed thi s J.<;""i-\--- day of Ko..rcL 1985.
INSURANCE POLICIES REQUIRED
1. TYPES OF COVERAGE REQUIRED
The Owner shall obtain and maintain insurance of the character commonly referred
to as public liability and property damage with an insurance company approved by
the Municipal 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 a~ one person; and
(b) $2,000,000.00 for loss or damage resulting from bodily injury to, or death
of, two or more persons arising out of the same accident; and
(c) $1,000,000.00 for anyone occurance 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 polices 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
L.R.: 26.2.85
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Page 2 of Schedule
ilK II
(c) any collapse or subsidence of any building, structure or land from any
cause; or
(d) any storage, handling or use of explosives.
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.
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SIGNED, SEALED AND DELIVERED l~ATI~ OF TH~~~~o,~~t~:
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L.R.: 26.2.85
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THIS SCHEDULE "IS SCHEDULE "LII to the Agreement which has been authorized and
approved by By-law No. '8"S--~1 of the Corporation of the Town of Newcastle,
enacted and passed thi s J-s--\-\o.- day of ~,,-,c.L 1985.
REGULATIONS FOR CONSTRUCTION
1. REQUIREMENTS FOR BLASTING
The Owner shall, prior to commencing any blasting, obtain from the Director,
permission to carry out the blasting operation.
2. REMOVAL OF TOP SOIL
The Owner shall not remove any top soil from the said Lands except for
construction purposes and such top soil must remain within the limits of the
said Lands.
3. DUMPING OF FILL OR DEBRIS
The Owner agrees to neither dump, or permit to be dumped, any fill or debris on,
nor to remove, or permit to be removed any fill from any lands to be dedicated
to the Town other than the roads within the limits of the said Lands, without
the written consent of the Director.
4. DISPOSAL OF CONSTRUCTION GARBAGE
All construction garbage and debris from the said Lands must be disposed of in
an orderly and sanitary fashion in a dumping area off the said Lands provided by
the Owner and approved by the Director. The Town shall not be responsible for
the removal or disposal of garbage and debris. The Owner agrees to deliver a
copy of this clause to each and every builder obtaining a building permit for
any part of the said Lands.
5. QUALITATIVE AND QUANTITIVE TESTS
The Owner agrees that the Town may have qualitative or quantative tests made of
any materials or equipment installed or proposed to be installed. The costs of
such tests shall be paid by the Owner.
6. MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS
The Owner shall, at all times during the life of this Agreement ensure that all
public roads abutting the said Lands and all pUblic roads used for access to the
said Lands, during any construction on the said Lands, shall be maintained in a
condition equal to that now existing and to the approval of the Director. The
Owner shall maintain, at all times, all such roads free of dust and mud
originating from the lands during the course of construction. If damaged, the
Owner agrees to restore immediately, and at its 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.
L.R.: 26.2.85
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Page 2 of Schedule IILII
8. WEED AND RAT CONTROL
After the commencement of construction the Owner shall institute upon the Lands
a program of weed and rat control to the satisfaction of 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
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L.R.: 26.2.85
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THIS SCHEDULE "IS SCHEDULE IIMII to the Agreement which has been authori zed and
approved by By-law No. ~~-31 of the Corporation of the Town of Newcastle,
enacted and passed this ~.S+l...... day of I'-\a..rcl... 1985.
USE OF SAID LANDS
The Owner agrees that the said lands shall not be used for any purpose other
than as set out in the following table:
LOT OR BLOCK NUMBER
LAND USE
A 11 Lots
In accordance with the provlslons of Zoning
By-law 84-63, as amended, of the Town of
Newcastle.
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 CORP RATION OF THE TOWN OF NEWCASTLE
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L. R . : 26. 2.85
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THIS SCHEDULE 'IS SCHEDULE "NII to the Agreement which has been authorized and
approved by By-law No. ~~-3\ of the Corporation of the Town of Newcastle,
enacted and passed this ;ls-+\..... day of M.(\.,cl. 1985.
LANDS UNSUITABLE FOR BUILDING
The Owner agrees that no application will be made for a Building Permit for the
erection of any structure on any of the said lands listed in the following
table, until the conditions listed in the following table have been satisfied to
the approval of the Directors of Planning and Public Works and/or any other
Authorities having jurisdiction.
LOT OR BLOCK NUMBER
CONDITIONS TO BE SATISFIED
Block 86, Plan
Vall ey Lands
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
William Tonno, Chairman
L. R . : 26.2.85
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THIS SCHEDULE 'IS SCHEDULE "011 to the Agreement which has been authori zed and
approved by By-law No. "t,,)-~l of the Corporation of the Town of Newcastle,
enacted and passed this d'5+k day of M.o..rc.L 1985.
LANDS REQUIRING SITE PLAN APPROVAL
The Owner agrees that no application will be made for a Building Permit for the
erection of any structure on any of the lands listed in the following table
until a site plan agreement has been entered into with the Town and the building
permit complies in all respects with the terms of the site plan agreement.
LOT OR BLOCK NUMBER
Block 85, Plan
Commercial
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
'.
Tonno, Chairman
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L.R.: 26.2.85
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THIS SCHEbuLE 'IS SCHEDULE "P" to the Agreement which has been authori zed and
approved by By-law No. 0-';'--3' of the Corporation of the Town of Newcastle,
enacted and passed thi s ,:2.<>+-"-. day of K<\.rc~ 1985.
OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED
AND/OR EXTERNAL SERVICES
1. EXTERNAL ROAD SYSTEMS: NOT APPLICABLE
2. STORM DRAINAGE:
In accordance with Paragraph 5.27 of the Agreement and Schedule "G" (l) of the
Subdivision Agreement, hereto attached, the Town agrees to make every effort to
reimburse the Owner for all excess capacity required for External Drainage areas
through the said lands at such time as additional development takes place which
shall utilize such excess capacity. All calculations will be completed by the
Owner's Engineer and approved by the Director of Public Works, and the costs of
such oversized service shall be determined upon final approval of the
Engineering Drawings by the Director.
The Estimated Cost of this oversizing is . . .$64,068.80
The above figures are preliminary costs based on data received from the Owner's
Engineer. These estimated costs will be required to be updated, revised, and
re-approved by the Director of Public Works once a completion certificate has
been issued for the said works.
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
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L. R . : 26 . 2. 85
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THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been authorized and
approved by By-law No. ~S--- =3' of the Corporation of the Town of Newcastle,
enacted and passed thi s ;l-s-"i--"-.day of ""'" "-.e-L 1985.
CONSERVATION AUTHORITY'S WORKS
1. That the Owner shall submit to the Central Lake Ontario Conservation
Authority for approval:
(a) An erosion and sedimentation control plan for the subject lands;
(b) Engineering drawings and calculations of a proposed storm runoff
reduction plan for the site which addresses rate and quality changes
in post-development runoff to the satisfaction of the Authority. The
runoff control plan shall also include a detailing of the route(s) of
the proposed trunk sewer(s), the location of proposed detention
facilities, those measures to be taken to minimize environmental
damage during construction within the Farewell Creek valley, and the
remedial works needed to effect erosion control in the Farewell Creek
channel within the limits of the Plan of Subdivision.
2. That the subdivision agreement between the Owner and the Town of Newcastle
shall contain the following provisions:
(a) The Owner agrees to comply with the Fill, Construction and Alteration
to Waterways Regulation of the Central lake Ontario Conservation
Authority as it applies to this site and to comply with any conditions
made on any permit which may be issued under these regulations.
(b) The Owner agrees to erect a snow fence, or other suitable barrier
along the rear of Lots 36 to 44, inclusive, to prevent the
unauthorized dumping of fill or alteration of vegetation in Block 86.
This barrier shall remain in place until all grading, construction,
and re-sodding on the site is completed.
(c) The Owner agrees to implement those recommendations contained in the
reports as required in Condition l(a) and lib).
(d) The Owner agrees to carry out lot grading, tree planting and fencing
for Lots 36 and 44, to the satisfaction of the Central Lake Ontario
Conservation Authority.
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
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THIS SCHEDULE 'IS SCHEDULE "R" to the Agreement which has been authorized and
approved by By-law No. ~<)-~, of the Corporation of the Town of
Newcastle, enacted and passed this ~S"""\-.... day of MCi.r~k. 1985
ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT
Estimated Costs of Works
Up to $100,000.00
Fees
Actual cost of engineering
services and inspection fees up to
a MAXIMUM of $4,000.00
$100,000.00 to $500,000.00
$4,000.00 or 3.5% of the estimated
cost of services - whichever is
greater
$500,000.00 to $1,000,000.00
$17,500.00 or 3% of the estimated
cost of services - whichever is
greater
$1,000,000.00 to $2,000,000.00
$30,000.00 or 2.5% of the
estimated cost of services -
whichever is greater
$2,000,000.00 to $3,000,000.00
$50,000.00 or 2.25% of the
estimated cost of services -
whichever is greater
$3,000,000.00 to $4,000,000.00
$67,500.00 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 Hydro Distribution System shall not be included for the purposes of
calculating engineering and inspection fees as contemplated by this Schedule.
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.
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SIGNED, SEALED AND DELIVERED
L.R.: 26.2.85
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THIS SCHEDULE 'IS SCHEDULE liS" to the Agreement which has been authorized and
approved by By-l aw No. "B'S--- ~ \ of the Corporation of the Town of Newcastl e,
enacted and passed this ~",-)..~day of ('"'\o...rcL 1985.
MINISTER'S/REGION'S CONDITIONS OF DRAFT PLAN APPROVAL
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
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William Tonno,
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DURHAM
The Regional
Municipality
of Durham
PIInnlng
Department
Box 623
105 Consumers Dr.
WhitbV. Ontario
Canada.llN6A3
14161668-7731
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June 24, 1983
Mr. C. W. Potter
Gatehouse Holdings Ltd.
1 - 208 Park Rd. North
Oshawa, Ontario
L1J 4L8
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JUN 27 19~
TOWN OF NEWCAsnE
PLANNING DEPARTMENT
Dear Sir:
Re: Amendnentu-to Conditions 'of Draft Plan Approval
OR. M. R. MICHAEL. M.C.I.P. Gatehouse Holdings Ltd.
Conmissioner of Planning Town of Newcastl e
File: 18T-81034
Please be advised that the Region's conditions of draft
approval of the above-noted plan of subdivision are hereby
amended as follows:
Condition 24(et .
This new condition is added to read
"The owner .agrees to neither place nor remove fi 11 of
any kind, whether originating on the site or elsewhere;
nor alter any existi ng vegeta t ion in 810ck 189 without
the written consent of the Central Lake Ontario
Conservation Authority."
Condition 25(b)
Reference to "condition 24(e)" is added.
My decision to amend the conditions of draft plan approval is
subject to a 21-day appeal period. If no appeal is received
by the Regional Clerk, my decision will be final and you will
not be further notified.
Yours very truly,
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Dr. M. Michael, M.C.I.P.
Commissioner of Planning
:JS
cc: Ministry of Natural Resources
Central Lake Ontario Conservation Authority
C. Lundy, Regional Clerk . I
.L. Tennant, Ministry of Municipal Affairs & Housing
T. Edwards, Planning Director. Town of Newcastle~
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DURHAM
The Regional
Municipality
of Durham
Planning
Department
Box 623
105 Consumers Dr.
Whitby, Ontario
Canada, L 1 N 6A3
(416) 668.7731
DR. M. R. MICHAEL. M.C.I.P.
Commissioner of Planning
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May 17, 1984
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pt~mtllNiG OOIfMlflllt8lT
Mr. C.W. Potter
Gatehouse Holdings Limited
208 Park Road, North
Suite 1
Oshawa, Ontario
LlJ 4L8
Dear Si r:
Re: Amendment to Draft Plan Approval
Gatehouse Holdings Limited
File: 18T-81034
Town of Newcastle
Further to your submission of a revised plan, we wish to advise
that the Condition #1 of the Region's draft approval dated M~ 10,
1983 is hereby amended as fol~ow:
Condition 1 is deleted in its entirety and replaced by:
1. That this approval applies to draft plan of subdivision
18T-81034, prepared by Donevan & Fleischmann, Ontario Land
Surveyor, identified as job no. 1-3522, revised and dated Feb.
10, 1984 and further revised in red as per the attached plan
showing 121 lots for single family dwellings, and 63 lots for
semi-detaching dwellings, one open space block, one park
block, and one block for neighbourhood commercial use.
A copy of the approved revised draft plan is attached herein
for your record.
My decision to amend the conditions of draft approval is subject to
a 21-day appeal period. If no appeal is received by the Regional
Clerk, my decision will be final and you will not be further
not ifi ed.
Yours very truly,
"
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Dr. M. Michael, M.C.I.P.
Commissioner of Planning
:cm
cc: Donevan & Fleischmann Comp.
Mr. C. Lundy, Regional Clerk
Mr. G. Crawford, Regional Works Department
.,~,!;(r~':-~Edwards.iPlann1 ng D1 rector, TOWn of Newcastle,
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I\t tdchmcnt to letter dateo,..ay 10, 1983 ~-
F rOEl: Dr. r~. r~ichael, Cornmi ssioner of Pl a nni ng, Regi on of Durham
T/): Mr": C. Potter
He: File IBT-81034
Town of Newcastle
CONDITIOrJS OF APPROVAL OF FINAL PLAN FOR REGISTRATION OF THIS PLAN OF SUBDIVISION
ARE AS FOllOWS:
NO.
CONO I TI ONS
,
. .
Th.Jt this approval applies to draft plan of subdivision
l;3T -81034, prepared by Donevan and Fleischmann, a.loS.
i dent ifi ed as Job No. 1-3522, dated September 2, 1981 and
revised in red showing 123 lots for single family, 63 lots for
semi-detached, one open space block, one park block dnd one
tJ hck for neighbourhood commerci al use.
2.
Thdt the road allowances included in this draft plan shall be
dedicated as public highway.
3.
That 3locks 193, 194 and 195 as shown on the draft plan be
dedicated dS public highway for the purpose of widening
;I)wrtline Road.
.
't .
nlat a 6 III x 15 III site triangle as shown in red as Block 208
on the draft plan be dedi cated as pub 1 ic hi gh\'1ay.
.1.
That Block 191 dnd 192 as shown on the draft plan shall be
de,jicated to the Town of Newcastle as public walk\'1ays.
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,I.
Thdt the owner conveys land in the amount of up to 5% of the
Jdfld included in the plan to the Town of Newcastle for park
iJurposes pursuant to the provisions of section 36(5) of The
Plan.,; n9 Act. The land conveyed for park purposes shall
incl'jde Block 190.
I .
Thd~ 0.3 metre reserves as sho~m as Blocks 202, 203, 204 and
iU7 as shown on the draft plan, be dedicated to the Region of
[j u rh a Ill.
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~'lJt 0.3 metre reserves as shown as Blocks 196, 197, 198, 199,
200, 201, 205 dnd 206 on the draft plan, be dedicated to the
Town of Newcastle.
9.
Tha t the streets on the fi nal plan shall be named to the
satisfaction of the Town of Newcastle and the Region of
D IJ rhalil.
1 r),
Thdt the owner shall enter into a cost-sharing arrangement
with the Town of Newcastle for the upgrading or reconstruction
of TownlineRoad abutting the proposed plan of subdivision.
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WT -81034
2.
NO.
COND IT IONS
11.
Til<lt the owner submit to the City of Oshawa for approval,
,1],1115 and drd\'1in9S for any works to be undertaken on TO\-mline
;~OJd and the o\<mer sat ify the requirements of the Ci ty of
:!Shd~'IJ Roadway Restoration Deposit By-law 11-79.
12.
That such easements as may be required for utilities,
drainage or servicing purposes shall be granted to the
d~i~fO;)riJte authority.
13.
"ha~. the development of this draft plan shall be phased to
~ \k~ sat i s fact ion of the Town of Newcast le and the Region of
;) u rfl d :no
1 _1
, .+.
~f:J~ tile area to be sundi vided shall be zoned to reflect the
:;scs sho~'m on the draft plan in an appropriate zoning by-la,'I
;)JS sed hy Counei 1 and eithe r
J) submitted to and approved by the Ontario r~unicipal 130ard;
Or"
I') irl effect in accordance to section 39(26} of The Planning
'\c~_ .
:'i. Tlld~, tile zonin~ by-law referred to in cordition 14 shall
cor1tdin appropriate provisions to prohibit all buildings and
:,'.ructurcs on Block 189, save and except those necessary for
fL)od or erosion control.
lti. ;rlat the owner sdtisfy the City of Osha\'ia, financially and
otherwise, with respect to any relocation, extension or
dlteration of services \'l'ithin the City of Oshawa as may be
nec'!ssitated by this development.
Ii. rha~. in the preparation of the final plan, Block 189 shall be
l'X' t} rjded to prov i de a liIi ni ilium of 5 metres of tab le la nd to
t.he rear uf lots 30 to 38 inclusive. The 1=500-scale plans
.if t~le Central lake Ontario Conservat ion Authori ty shall be
': st:t1 in determi n i ng such setbacks.
I.'.. "-I:d" the owner shall submit to the Centra 1 Lake Ontari 0
Conservat ion Authori ty for approval:
a) ~n erosion and sedimentation control plan for the subject
1 \oJ nd s ;
b) [n~ineering drawings ard calculations of a proposed stonn
r'lHloff reduction plan for the site which addresses rate
clnd quality changes in post-development runoff to the
sd~isfaction of the Authority. The runoff control plan
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18T-81034
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3.
tWo
cOtm I TI ONS
shall also include a detailing of the route(s) of the
proposed trunk sewer(s), the location of proposed
detention facilities, those measures to be taken to
minimize environmental damage during construction within
the Farewell Creek valley, and the remedial works needed
to effect erosion control in the Farewell Creek channel
within the limits of the plan of subdivision.
19. That prior to final approval of the plan, the owner shall
satisfy all requirements, financial and otherwise, of the
Town of Newcastle. This shall include, among other matters,
execution of a subdivision agreement between the owner and
the Town of Newcastle, concerning the provisions and
installation of roads, services, drainage, etc.
20. That prior to final approval of the plan, the owner shall
satisfy all requirements, financial and otherwise, of the
Region of Durham. This shall include, among other matters,
execution of a subdivision agreement between the owner and
the Region concerning the provision and installation of
~dnitary sewer, water supply, roads and other regional
services.
21. That satiSfactory arrangements be made for the financing of
the Region's share of servicing, if any, prior to final
approval of the plan.
22. Tha t the owner provi de for the extens ion of trunk sanitary
sewer and water supply facilities external to and within the
limits of the plan which are required to service such plan.
In addition, the owner is to provide for the extension of
sani tary se'"Ier and water supply faci 1 i ties within the li mits
of the plan which are required to service other developments
external to his subdivision. Such sanitary sewer and water
supply facilities are to be designed and constructed as per
the standards and requirements of the Works Department of the
Region of Durham; all arrangements, financial and otherwise,
for said extensions, are to be to the satisfaction of the
Region of Durham and are to be completed prior to final
approval.
23. That prior to entering into a subdivision agreement, the
Region of Durham is to be satisfied that adquate water
pollution control plant and water supply plant capaCity are
available to service the subject development.
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." ,I, ~BT -81034
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4.
NO. CONDITIONS
24. That the subdivision agreement between the owner and the Town
of ~Jewcastle shall contain the following provisions:
a) The owner agrees to comply with the Fill, Construction
and Alteration to Waterways Regulation of the Central
Lake Ontario Conservation Authority as it applies to thi s
site and to conply with any conditions made on any pennit
which may be issued under these regulations.
b) The owner agrees to erect a snow fence, or other sui tab le
barrier along the rear of lots 30 to 38, inclusive, to
prevent the unauthorized dumping of fill or alteration of
vegetation in Block 189. This barrier shall remain in
place until all grading, construction, and re-sodding on
the site is completed.
c) The owner agrees to implement those recommendations
contained in the reports as required in condition 18(a)
a nd 18 ( b ) .
,) ~
c .
d) The owner agrees to carry out lot grading, tree planting
and fenci ng for lots 30 and 38, to the sati s fact ion of
the Central Lake Ontario Conserva tion Authori 1;)'.
T11Jt prior to final approval of the plan, the Commissioner of
Planning for the Region of Durham shall be advised in writing
I)y
a)
the Town of Newcastle, how condi tions 2, 3, 5, 6, 8, 9,
10, 12, 13, 14, 15 and 19 have been satisfied;
the Centrl Lake Ontario Conservation Authori 1;y, how
con d i t ion s 1 7, 18 , 24 (a ), 24 (c) and 24 ( d) have be e n
sat i s fi ed;
b )
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the I-tinistry of Natural Resources, how condition 24(b)
has been satisfied;
the C i t;y of OShawa, how condi tions 11 and 16 have been
satisfied.
d)
NOTES
1. Since sanitary sewer and water supply are not available to the site and
draft approval to this plan is granted on the confirmation by the owner that
he will bear the cost of extension of services and will satiSfy the Region
on any other financial requirements as per conditions 20 to 23 inclusive.
Therefore, if it became doubtful that these conditions cannot be fulfilled,
draft plan approval will be'withdrawn, since the subdivision will be
premature. ...5
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NOTES (cont'd)
2. He suggest you make yourself aware of:
d) section 143(1) of The land Titles Act, which requires all nB-I plans Je
registered in a land titles system; and
b) section 143(2) \'ihich allows certain exceptions.
3. It is suggested that the municipality register the subdivision agreement as
;lrovided by section 36(6) of The Planning Act against the land to wtJich it
a;1plies, as notice to prospective purchasers.
4. :.Jhere agencies ar"e involved in the subdivision agreement, a copy of the
:jubdivision clgreelllent shall be sent to those agencies involved in the
c led'"ance of the fi nal plan. These agenci es are:
District Manager
~'1inistry of Natural Resources
322 ~ent Street West
Lindsay, Ontario, K9V 2Z9
1-705-324-6121
Mr. Wm. Fry
Central lake Ontario Conservat ion
, Aut hority
1650 Dundas Street West
Whitby, Ontario, UN 2K8
579-0411
r). ~,I:L'n t~le zoning by-law referenced in condition 14 is being prepared,
reference should be made to this subdivision application am the T-file
n';',lh~r should be included in the explanatory note. This \lould expedite the
r'\~Ji~\1 of the hy-law by other agencies.
.}. i!hcn the draft r~-Plan is completed, 2 paper prints should be forwarded to
lhe I~cljion of Durham Planning Oepart"~nt. This would expecti te the
fJn~pJrat ion of the subdivision agreement.
7. If final approval is not given to this plan within three years of the draft
~;'iJrovdl date, and no extensions have been granted, draft approval shall
12;Jse under section 36(13) of The Planning Act. Extension may be granted
p,.ovidl'd valid reason is given and is submitted to the Region \-Iell in
c,jvJnce of the lapSing date.
.,