Loading...
HomeMy WebLinkAbout85-45 THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW NUMBER 85- 45 being a By-law to authorize the entering into of an Agreement with Frab Investments Limited and the Corporation of the Town of Newcastle. 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 Frab Investments Limited and the said Corporation dated the day of , 1985, in the form attached hereto as Schedule "X". 2. THAT Schedule "X" attached hereto forms part of thi s by-l aw. BY-LAW read a first time this 22nd BY-LAW read a second time this 22nd day of Apri 1 day of April 1985 1985 BY-LAW read a third time and finally passed this 22nd day of Apri 1 1985 ~~ ~.(~ I File ~~...~;,~~,~.;..~~:J - �e Province " of ®®cumeri� General Ontario Form 4—LaW Registration Reform Act,1984 5 (1) Registry E] Land�) Page 1 o pages (3) Property Block Property Identifier(s) Additional: See Schedule El (4)Nature of Document Application to Register Notice of Agreement Section 74, The Land Titles Act (5)Consideration 0 N/A Dollars$ W 07 (6) Description D w 0 U_ Parcel 713-90-1, Section Newcastle UL 0 (Darlington) ­j X--t cfif_ 98 allc'r°92 , Cc o u_ d&s- g a l as�P r s O rd-3 an 1 nor, 23:02 , the Town ©f Newem"t°S-t�e, New Property Identifiers I_P C�r—„e=1Y — Additional: See 11 Schedule Executions (7)This (a) Redescription (b)Schedulefor: Additional: Document New Easement Additional See Contains Plan/Sketch F Description El Parties � Other Q Schedule (8)This Document provides as follows: See Schedule Attached The Corporation of the Town of Newcastle has an unregistered interest in the abbve lands of which Frab Investments Limited is the registered owner and hereby apply to have registered an Application to register a Notice of. - agreement dated the 19th day of November 1985 between the Corporation of the Town of Newcastle and Frab Investments Limited. Evidence in support consists of 1. Agreement between The Corporation of the Town of Newcastle and Frab Investments Limited. Continued on Schedule (9)This Document relates to instrument number(s) (10) Party(ies) (Set out Status or Interest) Name(s) Signature(s) / Date of Signature Y M D THE -CORPORATION OF THE TOWN OF NEWCASTLE ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;1986 10 . 1,0 by its solicitor GIANT H. ARMSTRONG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) Address for Service 40 Temperance Street, Bowmanville, Ontario L1C 3A6 (12) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D FRAB INVESTMENTS LIMITED (Owner), , . , _ i. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i (13) Address for Service (14) Municipal Address of Property (15) Document Prepared by: } Fees and Tax McGibbon, Bastedo, Armstrong o Registration Fee Barristers and Solicitors w not assigned 32 Simcoe St. S. , Box 34 0 /t Oshawa, Ontario L1H 7K8 LU , (GHA/hlb) � 0 O Total / 0o Ij Ne—ome and Gilbert. Limited ofovince i.� SchedB le v Ontario V o.,.o Form 5—Land Registration Reform Act,1984 Page Additional Property Identifier(s)and/or Other Information AFFIDAVIT IN SUPPORT OF AN APPLICATION FOR REGISTRATION OF NOTICE OF AGREEMENT, SECTION 74, LAND TITLES ACT I, GRANT ARMSTRONG, MAKE OATH AND SAY AS FOLLOWS: 1. I am the solicitor for the applicant named in the attached application for registration of Notice of Agreement under Section 74 of the Land Titles Act. 2. The particulars of the applicant's interest in the lands are as follows; Agreement dated the 19th day of November, 1985, between the Corporation of the Town of Newcastle and Frab Investments Limited . SWORN before me at the City of ) Oshawa, in the Regional Municipality of ) ; Durham, this day of ) March, 1985. ) GRANT ARMSTRONG ' A COMMISSIONER, ETC. ) w} U� U Z 00 cc:W of U. Newsome and Gilbert,Limited April, 1985 Form LF1335 (1/85) THIS AGREEMENT made in quintuplicate this day of � �- 19 : B E T W E E N: THE CORPORATION & THE TOWN OF NEWCASTLE, Hereinafter called the "TOWN" OF THE FIRST PART, - and - FRAB INVESTMENTS LIMITED, being a company incorporated pursuant to the laws of the Province of Ontario 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 hereinafter called the "Lands" and constitute one (1) hectare; 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 Region of Durham, hereinafter called the Region for approval of a plan of subdivision of the Lands; AND WHEREAS to comply with the Region's 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 "Region" 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 "H" and hereinafter called "Utilities"; 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. : 19.11.85 2 - 1 . DEFINITIONS In this Agreement: 1 .1 "Council " shall mean the Council of the Corporation of the Town of Newcastle; l .'L "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 Municipal Affairs and Housing, Ontario. 1.10 Town shall mean Council or any official , designated by Council to administer the terms of the Agreement. 1.11 "Applicant" shall mean an individual , an association, a partnership or corporation who applies for the necessary building permits for the lots or blocks covered by this Agreement. L.R. : 19.11.85 3 - 2. GENERAL 2.1 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 "U" 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. : 19.11.85 - 4 - 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 - NOT APPLICABLE ( 1 ) The Owner shall , at the time of the execution of this Agreement, deposit with the Town a letter from each and every School Board having jurisdiction over the said lands stating that arrangements satisfactory to each and every School Board have been made respecting the acquisition of any lands necessary for school purposes to serve the said lands. (2) In the event that a School Board which has an option to acquire any lot or block within the Plan and does not exercise its option, the Owner hereby agrees to notify the Clerk of the Town in writing that the School Board has not exercised its option and the Owner hereby grants to the Town an irrevocable option to acquire such lands upon the same terms and conditions as the School Board could have acquired the property, except that the Town shall exercise the option hereby granted, in writing, within sixty (60) days of receipt of notification from the Owner that the School Board has failed to exercise its option and, the purchase of such Lands by the Town shall be completed within ninety (90) days of the exercise of its 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: McGibbon, bastedo, Armstrong & Armstrong Barristers & Solicitors 32 Simcoe Street, South, P.O. Box 34 OSHAWA, Ontario L1H 7K8 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 "B or L.R. : 19.11.85 - 5 - ( ii ) the Plan of Subdivision is not finally approved by the N 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 tailing agreement, this Agreement shall be null and void. ("L) 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 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 plan annexed hereto as Schedule "B". Upon the final plan of subdivision being approved by the Minister of Housing the final plan shall be substituted for the plan annexed as Schedule "B" and all amendments necessary or requisite shall be made to conform with the descriptions used in this Agreement and the Schedules (and without limiting the generality of the foregoing, in ��,+ N particular Schedules "B", E F O P and Nil) 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" - "Legal description of said Lands" Schedule "B" - "Plan of Subdivision for final approval" Schedule "C" - "Charges against said Lands" Schedule "D" - "Development charges" Schedule "E" - "Grants of easements to be dedicated" Schedule "F" - "Lands and/or cash to be dedicated" Schedule "G" - "Works required" L.R. : 19.11.85 - b - Schedule "H" - "Utilities required" Schedule "I" - "Duties of Owner's Engineer" Schedule "J" - "Cost Estimates" Schedule "K" - "Insurance Policies required" Schedule "L" - "Regulations for construction" Schedule "M" - "Use of said lands" Schedule "N" - "Lands subject to building restrictions" Schedule "U" - "Lands requiring site plan" Schedule "P" - "Oversized and/or External Services" Schedule "V - "Conservation Authority's Works" Schedule "R" - "Engineering and Inspection Fees" Schedule "S" - "Region' s Conditions of Approval " 2.14 MORTGAGE The Mortgagee does hereby postpone his mortgage to this Agreement with the intent that this Agreement shall take effect as though dated, executed and registered prior to the mortgage and the Mortgagee covenants and agrees that in the event that he obtains ownership of the said lands by foreclosure or otherwise, he shall not use or develop the said lands except in conformity with the provisions of this Agreement. � 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. -1.16 PLAN APPROVAL Upon receipt of the payments herein required and upon the execution and registration of this Agreement, the Director of Planning will recommend to the Region that the plan be approved for registration. L.R. : 19.11.85 L� - 7 - 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 "C" hereto. The Uwner 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 Schedule "C" hereto. Such charges shall include the Town' 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.U. 196U, 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 "D" hereto. Notwithstanding the provisions of Schedule "D" as to the times at which the development charges shall be paid, the Owner shall , prior to the issuance of any building permit in respect of any lot or block, pay all remaining development charges assessed against the said lot or block. 3.5 CASH IN LIEU OF LANDS Tile Owner agrees that, if the Town agrees to accept cash in lieu of the dedication by the Owner to the Town of lands for public purposes, other than highways, the amount of such cash payment shall be as set out in Schedule "F" hereto. The Owner further agrees to pay, to the Town, any such cash payment as set out in Schedule "F" hereto, or 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. ('L) All documents furnished under this paragraph shall be approved by the Treasurer of the Town. (3) The cash or irrevocable letter as provided in subparagraph (1 ) hereof are hereinafter collectively referred to as a "Performance Guarantee". 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 pay any costs payable by the Owner to the Town under this Agreement by due date of the invoice for such costs. L.R. : 19.11.65 8 - 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 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 Owner's 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; and (c) the Town has received the as-built drawings for such Works. L.R. : 19.11.85 9 - (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 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. (3) 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. (4) The Owner shall pay the Town 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 Town may draw down said Letter of Credit by an zmount necessary to correct the default relative to occupancy. In the event of such default, the Owner shall immediately restore the Letter of Credit for the full amount of Seven Thousand and Five Hundred Dollars 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. : 19.11.85 - 10 - 4. PLANNING 4.1 APPROVAL OF TREE PRESERVATION PLAN NOT APPLICABLE 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 showing 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 "N" hereto are unsuitable for building purposes and that no application will be made for a building permit for the erection of any structure on any such lot or block until the conditions outlined in Schedule "N" hereto for such lot or block have been satisfied to the approval of the 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. L.R. : 19. 11.85 ILI - 11 - (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 pursuant to Schedule "H" 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) See 4.5.10 (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, and maintained in good standing, the Occupancy Penalty fee as required by paragraph 3.15 of this Agreement; and (u) 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 "0" the Owner has entered into a Site Plan Agreement with respect to the lots or blocks as set out in Schedule "0" as required by paragraph 4.4 of this Agreement. (10) the Owner has provided the Director of Planning with two (2) mylar copies of the registered plan of 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 Owner's 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 Town's 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 four (4) 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, that all building permit fees, occupancy penalty, performance guarantee and appropriate development levies as provided in this Agreement have been paid or provided, and that the developer has satisfied the Town that the final grades of the lot are appropriate for the proposed building and that grading complies with the overall grading plan. (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 i construction of the road. Where an alternate access is proposed to provide access to model homes, such access shall be of a standard acceptable to the Director of Public Works and the Fire Chief of the Town of Newcastle. L.R. : 20.12.85 l 12 - (Z) 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 45 percent masonry e.g. brick, stone or other earthern products, but excluding stucco and concrete block, or at least 45 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 approvea by the Town, for the lot purchased by the builder/purchaser showing housing types, elevations and the distribution of models on such lots. 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 "Occupancy Permit". In addition to any other requirements contained herein, no Occupancy Permit shall be issued for any building until : (1 ) all of the roads which are required to be constructed under this Agreement, which will provide access to such building, have had the application of the base course of asphalt, to the written approval of the Director; and L.R. : 19.11.85 l 13 - (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 pursuant to Schedule "h" , 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. Prior 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 ( 1 ) 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 (1 ) The Owner acknowledges and agrees to submit a Stormwater Management Plan that is acceptable to the Town and Central Lake Ontario Conservation Authority. The Plan shall address the stormwater run-off concern in a manner consistent with the Courtice Stormwater Management Study. Furthermore, the Owner agrees not to place fill or grade the site without prior written approval being given by the Central Lake Ontario Conservation Authority. L.R. : 2U.12.8b I LL - 14 - 5. PUBLIC WORKS 5.1 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 "the Works" ). Until the issuance of a Certificate of Acceptance as hereinafter provided, the Works shall remain the property of the Owner and the Owner shall be fully responsible for their maintenance. After the issuance of a Certificate of Acceptance, the Works shall vest in and become the responsibility of the Town. 5.2 UTILITIES AND SERVICES REQUIRED The Owner shall be responsible for entering into agreements with the appropriate Public Utilities Commission or other such authority or company having jurisdiction in the area of the said Lands for the design and installation of the Utilities as more particularly referred to in Schedule "H". 5.3 OWNER'S ENGINEER The Owner shall retain a competent Professional Engineer, registered by the Association of Professional Engineers of Ontario and hereinafter called the "Owner' s Engineer" , to administer this Agreement, whose duties are set out in Schedule "I" hereto. 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. : 19.11.85 _ l - 15 The Owner shall not proceed until such Staging Plan has been approved by Director of Public Works, and shall proceed only in accordance with such approved Plan, except as it may be subsequently amended with the approval of the Director of Public Works. 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 Director. 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 installation of all of the Works, hereinafter called the "Works Cost Estimate", shall be approved by the Director and entered in Schedule "J" hereto. If the Town has approved a Staging Plan for the said Lands, the Owner further agrees that the estimated cost of construction and installation of the Works for each stage, hereinafter called a "Stage Cost Estimate" shall be approved by the Director and entered in Schedule "J" hereto. 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 Works". The Owner shall only commence those Works permitted by the Authorization to Commence Works. In addition to any other requirements contained herein, no Authorization to Commence Works shall be issued for any of the Works until : (1 ) the Plan has received final approval from the 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 any such conveyance has been registered; and (7) the Owner has delivered letters from the appropriate Public Utilities Commission, or authority or company having jurisdiction, stating that satisfactory agreements have been entered into for the design and installation of the Utilities as required by paragraph 5.2 of this Agreement; and (U) 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 O U) 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. : 19.11.85 16 - ( 11 ) the Uwner 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) NOT APPLICABLE (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 ( lb) 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) the Owner has received the written approval of the Director of Works as required by paragraph 5.19; and (21) notwithstanding the above the Owner may commence installation of the work as referred to in Schedule "G" hereto with the written aproval of the Director, prior to the registration of the Plan provided that Sections 3,4,7,8,9,10,11,13,14,15,16,17,18 and 19 of this Clause have been satisfied. No Certificate of Acceptance of the work, as referred to in Clause 5.25 of this Agreement, shall be issued by the Director, until the Plan has been registered and all other requirements relevant to the Certificate of Acceptance have been met. The construction or installation of any of the 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 STAGES If the Town has approved a Staging Plan for the said Lands, the Owner shall require an Authorization to Commence Works for each stage of the Plan. If the Town has issued an Authorization to Commence Works for one stage of the Plan, in addition to any other requirements contained herein, no Authorization to Commence Works shall be issued for any subsequent stage of the Plan until : ( 1 ) the Stage Cost Estimate for such stage has been approved by the Director and entered in Schedule "J" hereto; and (2) the Owner has deposited with the Town the Performance Guarantee applying to that stage of the Plan for which the Owner is seeking such Authorization to Commence Works. 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 Agreement, are not maintained in good standing. L.R. : 20.12.85 1 - 17 - 5.13 PROVISIONS FOR CONSTRUCTION AND INSTALLATION All of the Works shall be constructed and installed in accordance with the Engineering Drawings as approved by the Director. No variation from the Engineering Drawings shall be permitted unless such variation is authorized in writing by the Director. All construction on the said Lands shall be carried out in accordance with the regulations for construction as set out in Schedule "L" hereto. 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 3U%) y 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. : 19.11.86 - 18 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 Municipality 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. 5.16 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, prior to the commencement of any works upon the lands to cause to be carried out, at his expense, a ground water monitoring program around the perimeter of the site. The number, location, and frequency of observation of the piezometric observation wells shall be recommended by a hydrogeologist and approved by the Director of Public Works. The Owner further agrees to undertake separate reports, to the satisfaction of the Director of Public Works, for each and every occurrence of apparent well interference caused by construction activity within the said lands and reported to the Town. (3) 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. : 19.11.85 - 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 Uirector; 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 roaaways are vested in the Town the Owner shall pay one hundred percent (IOU ) of the actual cost of snowplowing 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 "Certificate of Completion". In addition to any other requirements contained herein, no Certificate of Completion shall be issued until : (1 ) Such of the Works authorized by the Authorization to Commence Works for which a Certificate of Completion is required, have been inspected by the Director, and he is satisfied 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 Staqe 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.: 19.11.85 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 form suitable for registration or deposit in the applicable Registry or Land Titles Office. In addition to any of the requirements contained herein, the Certificate of Release for such stage shall not be issued until : (1 ) Certificates of Acceptance have been issued for all of the Works; and (2) a registered Ontario Land Surveyor, approved by the Town, has provided the Town with written confirmation that at a date not earlier than the end of the maintenance period described herein, he has found or replaced all standard iron bars as shown on the Plan and survey monuments at all block corners, the end of all curves, other than corner roundings, and all points of change in direction of roads on the Plan; and (3) the Town Council has, by resolution, 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 required to install oversized services (hereinafter called "Oversized Services") or services outside the limits of the Plan of Subdivision (hereinafter called "External Services") which are more particularly set out in Schedule "P" hereto, the 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 "P") that is equal to the proportion of the excess capacity of such Oversized or External Services which is estimated to be utilized by such developer. The excess capacity of such Oversized or External Services shall be the capacity of such services estimated to be available after the Owner has fully developed the lands. The portion of such Oversized or External Services estimated to be utilized by a developer of lands outside the Plan of Subdivision shall be calculated by the Director, whose decision shall be final . In determining the cost of the Oversized or External Services there shall be added annually from the first anniversary of the issuing of the Certificate of Completion to the costs set out in Schedule "P" a sum equal to the interest on the amount of the unpaid balance from time to time of the cost of the Oversized or External Services calculated from the date of the issuance of the Certificate of Completion, at the highest prime lending rate charged during the previous year by the Bank of Montreal at its main branch in the City of Toronto, plus two 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. : 19.11.85 I 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. i 5.26 RESPONSIBILITY OF SUBSEQUENT OWNERS 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 a lot or lots within the Plan, shall be responsible for compliance with the terms of Paragraph 4.5 "Requirements for Building Permits" of this Agreement if, at the time, a Certificate for Release is issued, no building permit has been issued for such lot or lots. 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 OT F THE TOWN OF NEWCASTLE u MAY 1 CLERK � / �\ FRAM V MENT$ LIMITED r r ) TITL : 75,_C i� T�1tz TITLE: L.R. : 19.11.65 THIS SCHEDULE 1S SCHEDULE "A" to the Agreement which has been authorized and approved by by-law No. the Corporation of the Town of Newcastle, enacted and passed the �7 2 day of :— LEGAL DESCRIPTION OF SAID LANDS ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being, in the Town of Newcastle, in the Regional Municipality of Durham, being that part of Lots 90 and 92, Registar's compiled Plan No. 713, Township of Darlington, now in the Town of Newcastle designated as Parts 1, 2, & 3, Plan No. 1UR-7 /c Subject to an Easement, described as Instrument No. 92840, in favour of the Regional Municipality of Durham, its successors and assigns, on, in across, under and through part of said Lot 90 designated as Part 2 on Plan 1OR- ,�. . BEING PARCEL 713-90-1; 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 TION OF THE TOWN OF NEWCASTLE ) 9�f% �f fy MAYOR CLERK FR4 qIV LIMITED �TMENT sE( TITL TITLE: L.R. : 19. 11.85 THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. the Corporation of the Town 0 Newcastle, enacted and passed the a IwO day of 198 . PLAN OF SUBDIVISION (copy of final plan prior to registration) and (copy of Plan of Subdivision 18T-84045) Part Lot 35, Concession "L, former Township of Darlington 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 CORPf R TION OF THE TOWN OF NEWCASTLE MAYOR CLERK FRS Ii V TS TS LIMITED TITLE-r TITLE: L.R. : 19.11.85 18T 84045 TOWN F? C),=1VA-- S3 7—Z—E' J El CID IN -J-7 0 '/ F � I �� �0 El o IV PLAN OF SUBDIVISION PLAN IOM—_------- OF PART OF LOTS 90 AND 92, REGISTRAR'S COMPILED PLAN N° 713 J EREO (BEING Y Tlxi i»I9 TRR E Y 1 1 A fOX TXE L+xO TITLES BEING FORMERLY PART OF LOT 35, CONCESSION 2J me av«ew snElxR O AT____.oro5DI o Il"ErIE-REa�° ---FC TOWNSHIP OF DARLINGTON , now in the ox___'"___ ;Al-" " - - TOWN OF NEWCASTLE �, _----_ Al`�' >" DT°"`Xtxs REGIONAL MUNICIPALITY OF DURHAM D REBISTRnR AI SCALE 1 = 500 C.F. FLEISCHMANN , O.L.S., 1985 f NOTE:TIE wR EeDMxi es ALL OP RaacEL l t MFTRI C�DISTANCES SHOWN ON THIS PLAN ARE IN METRES 4N0 CAN BE CONVERTED LO FEET 8Y DIVIDING BY 0.3048 1 T..�, CURVE DATA TABLE _o _. WANT^ a k] NOTE BEAR IGS IRE ASTRONON C AID a NIT° i N RE Er ERRED TO TIE R OF THE wESr I.R i O LOr 35,CON i aS sIOwN Ox^OU'I w tOwN OF NEw C4ETlE,PEG DxaE MUx EIPaE Tr OF Y i ( E RO�uI.0 OwN THUS IBB 93 wN TIII OI IR 9 PEANTED,SNOwN TRUE —6-5 MaI—ITa T60N s OxI BAR R NB rz LIE Si N°- —25 "' •� 3 - BLOCK i4 J .v rsR—BLOCK E LOCK 21 I _ BLOCK IS BLOCK 16 - 4 4o' 3o rz° xE .9I ) E .I wr 9.9901 E- xrz 3040E 33 Nrz^3oeD'E n'2 woD E xrz 3o4o3E «,zI%' s 'r N-° 191'Sy INET. _ PART 1 a �n 12 $v } II �m BLOCK IT 7 1992 ° Ih E, try ry 09 D xl BLOCK 19�� - m_.I � se C 8 & £ Q to 9 s z J_O7- DO u FaIRi 1 Qj ED o E BLOCK 23� ..�- ,p • s^i ..po �y / ea.Beo r xF _ --: _ >'? �. I ` o � 'D.RSO , ,,,Ntr304oE zsso ., n z 3o 4c E -"-- SD.SO1 = SURVEYOR'S CERTIFICATE oR N v, 2 KINGSWOOD C s / DRIVE LAID ntEES AcT AID THE RECUEe,?oxs r0 n .N o ,!Rr i v<n xi 7 z rxE suavcY as coN EEt EO DN TIE oar oP x IR iG n GJ I�°aI� 40E 60 B60 S.00 ° I5.00 '.5.09 4. 15.00 I5.DO OarE Nrt C AO ` � cee°v.rt z'�r� OxiIRIO t ND SURV ErOa ]04 e 3 BLOCK 20-• (� At I DO o a ° R v m o. E0 K \ 2 m 3 4 5 5 A a Ir NSL R_IdAIXDEIY TO PART 11 ED 11 xn 3o x9E ss.BTx .• - OWNER'S CERTIFICATE rH.s Is TO cE—rY rllr 1,39s ��°� nvE ecw Lao-our Ix xccoROanCe IlLl"11,T11 w�,I oDR " :THE sTREEtE.RE xEREBr DEDICATED DTIERESERVES"TI 4) CATED AS PUBLIC HIDIw $ C} / DATED TIE DF_ ,IB__ FRAB INVESTMENTS LIMITED Bsla3 P DN.ARiD NaRX FaEE sE..RETARY PLINx�xG A z I_ 4sJe3 o Y o R tIE RI IRII ITTEV.I I I____ o "F'.ED DONEVAN & FLEISCHMANN CO. LTD ONTARIO LAND SURVEYORS N ONTARIO $T., SHERIDAN MALL, ccuwlss�OxEI OF RCaxXlxc REOIOxn= cxai RrxAN OSHAWA,LIG 4Y6. PICKERING,LIV ME 883 3 __ REGICrvAE C�ERx oanwry er Cl.-I-- SCALE - 0 I vJ0 Ne i-5D40F THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and approved by By-law No. .F.5-- �� of the Corporation of the Town of Newcastle, enacted and passed the me day of v'r- 198„ CHARGES AGAINST SAID LANDS (1 ) MUNICIPAL TAXES Paid upon execution, where applicable (L) LOCAL IMPROVEMENT CHARGES Paid upon execution., where applicable (3) DRAINAGE CHARGES Paid upon execution, where applicable IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE MA R CLERK FR IIVES7 EN LIMITED TITLE:' TITLE: L.R. : 19.11.85 THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been authorized and approved by By-law No. of the Corporation of the Town of Newcastle, enactea and passed the %,,,G� day of � . 198 DEVELOPMENT CHARGES The Owner shall pay to the Town development charges in the amount of $10,980.00 (calculated at the rate of $915.00 for each dwelling unit) which shall be paid as follows: 25% of the aforesaid sum being Two Thousand Seven Hundred and Forty-five Dollars ($2,745.00) forthwith upon the date of execution of this Agreement. 25% of the aforesaid sum being Two Thousand Seven Hundred and Forty-five Dollars ($2, 745.00) at the date of the issuance of the building permit for the first dwelling unit. 25% of the aforesaid sum being Two Thousand Seven Hundred and Forty-five Dollars ($2,745.00) on the first anniversary of the issuance of the building permit for the first dwelling unit, or upon the issuance of the building permit for the seventh (7th) dwelling unit, whichever date is the sooner. 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 tenth (10th) 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 Agreement 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 person. 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 affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORP AT,IUN F THE TOWN OF NEWCASTLE AIN MAYOR CLERK FRAB IVES MENTS LIMITED TITLES' sr-cam A-y TITLE: y L.R. : 19.11.85 THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized and approved by By-law No. the Corporation of the Town ._of Newcastle, enacted and passed the ` day of 198, 1l,� 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) To be provided where applicable IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPO�Q,N OF THE TOWN OF NEWCASTLE r l MAYOR CLERK FR , I VE TMEN�S LIMITED E TITL s�cr �—fey TITLE: L.R. : 19.11.85 PLAN MATERIAL N 7230'40'E n PLASTIC MATERIAL-MYLAR PLAN OF SURVEY " GAUGE - O.003INCH OF PART OF LOT 35, CONCESSION 2 PROCESS - PNOTO GRAH PIC (1531 SIB L f 1005)�� INK - SPECIAL 'T' TOWNSHIP OF DARLINGTON, now In the TOWN OF NEWCASTLE o� .N, REGIONAL MUNICIPALITY OF DURHAM METRIC: DISTANCES SHOWN ON THIS PLAN ARE IN METRES SCALE - I= 1250 O M1 C.F FLEISCHMANN, O.L.S., 1986. 50m 40 30 20 IO 0 $0 100m I 4i Iti KINGS'NOCC DRIVE ;BT PLAN*m- 'I p� k T r /= —PA,? / P,'AN a,7Rw£. ,J5-c, NE:YC.7STG- N G 01 AJCz S511Y6 J1! -� '1� )�n3f I IOM- I /7_i _ '�-_ 32.42 _•.spa clini_.__.__._.___.____ I 3 1710 "rc�vt 6a y I�$ 75'01'4(Y'E o X24,0 '�6e$' Q= dt, �, N 7230'40'E n PA,?T r 13!_0CA' HE y� 'a 4354 le,� I-'LAA' __Chi_ DATE------- (1531 SIB L f 1005)�� 315Nx TUAE LAND REGISTRAR FOR THE LAND TITLES DIVISION OF rrl PART i - PART OF PARCEL 35-3,SECTION CON 2,NEWCASTLE o� .N, sie z $ METRIC: DISTANCES SHOWN ON THIS PLAN ARE IN METRES r NOTE O M1 61U ' STANDARD IRON BARS, SHOWN THUS SIB r 20mm pi A.ROUND IRON BARS.60cm LONG,SHOWN THUS 180 Z pp GO, SURVEYOR'S CERTIFICATE Q 'i5 HIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS .CT AND THE LAND TITLES ACT AND THE REGULATIONS MADE THEREUNDER. HE SURVEY WAS COMPLETED ON THE DAY OF 1986 � I ve o ONTARIO LAND SURVEYORS !_C1 i H; OSHAWA,LIG 4Y6 PICKERING,LIV IB8 1-6 e '1416616-505 ti. PART I 5 n i ,o? CON. z o l m �,I N72°24'40-E 2 .._1509 1 :ImI �' uom; . i os rexce + I I /7_i _ '�-_ 32.42 _•.spa clini_.__.__._.___.____ I 3 1710 "rc�vt 6a y I�$ 75'01'4(Y'E o X24,0 '�6e$' Q= dt, �, iNS7 .Yf :Si U7 ti i REQUIRE THIS PLAN TO BE PA,?T r 13!_0CA' HE y� 1= 1-(7r Nil I-'LAA' __Chi_ DATE------- (1531 SIB L f 1005)�� .,�341 RY; J.t'„ 0Hn47_�"' G i SCAR '- _SU JOB J PLAN IOR-___. i REQUIRE THIS PLAN TO BE DEPOSITED UNDER THE LAND TITLES ACT ACT RECEIVED AND DEPOSITED DATE------- DATE_____.__. 315Nx TUAE LAND REGISTRAR FOR THE LAND TITLES DIVISION OF NEWCASTLE (NQ 10) PART i - PART OF PARCEL 35-3,SECTION CON 2,NEWCASTLE (DARLINGTON) "CAUTION" THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN THE MEANING OF 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 ASTROI40MIC AND ARE REFERRED TO THE N 18-07'W OF AN EAST LIMIT OF PART 3, AS SHOWN ON PLAN JOB-455, TOWN OF NEWCASTLE, REGIONAL MUNICIPALITY OF DURHAM. STANDARD IRON BARS, SHOWN THUS SIB 16mm SO.IRON BARS, 60 tm LONG.SHOWN THUS 18 20mm pi A.ROUND IRON BARS.60cm LONG,SHOWN THUS 180 MONUMENTATION FOUND - MONUMENTATION PLANTED - SURVEYOR'S CERTIFICATE I CERTIFY THAT, HIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS .CT AND THE LAND TITLES ACT AND THE REGULATIONS MADE THEREUNDER. HE SURVEY WAS COMPLETED ON THE DAY OF 1986 DATE C F FLEISCH MANN ONTARIO LAND SURVEYOR DONEVAN & FLEISCHMANN CO. LTD. ONTARIO LAND SURVEYORS II ONTARIO ST, SHERIDAN MALL, OSHAWA,LIG 4Y6 PICKERING,LIV IB8 725-4795,683-370f 839-8693 .,�341 RY; J.t'„ 0Hn47_�"' G i SCAR '- _SU JOB J PLAN MATERIAL PLAN OF SURVEY I _ OM PLAN IOR-__.-... i REQUIRE THIS PLAN Tp BE PLASTIC MATERIAL-MYLAR DEPOSITED UNDER THE LAND. GAUGE - 0.003INCH OF PART' OF LOT .35, CONCESSION 2 TITLES ACT. RECEIVED AND DEPOSITED PROCESS - PHOTOGRAPHIC TOWNSHIP OF DARLINGTON, now in the INK SPECIAL 'T' DATE—_---- TOWN OF NEWCASTLE DATE----__- REGIONAL MUNICIPALITY OF DURHAM SCALE - I , 400 •i4«AT«•. - LAND REGISTRAR FOR THE C.F. FLEISCHMANN, 0.L.S. , 1%5. LAND TITLES DIVISION OF NEWCASTLE (NP .ID) IOm O I I t0 PARTS I to 6 BOTH INCLUSIVE, PART OF PARCEL 35-3, APPROVED—_--..____ SECTION CON.-2. NEWCASTLE (DARLINGTON) PARTS I and 2—SUBJECT TO EASEMENT IN TRANSFER NO 700. EXAMINER OF SURVEYS R "CAUTION" THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN THE MEANING OF THE PLANNING ACT. z.,•z -�=�91« -'1 � METRIC: DISTANCES SHOWN ON THIS PLAN ARE RI METRES' AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048 t L (PART 3 8 oiinl'X NOTE - si• w,T N7203040E m 5)50 } BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE NIT°29'2eW OF NEWCASTLE i2�192 T808 3G 164 PART 5 T-� OF THE EAST LIMIT OF PLAN IOM- , TOWN 36 164 re.wtt $ REGIONAL MUNICIPALITY OF DURHAM. ' I w' — N7..3040E 3750 ,oR '-j �' — 36 164 3)•50 iz STANDARD IRON BARS. SHOWN THUS SIB —. N�-' C NT203040 E 16mm SO.IRON BARS,'6D Cm LONG,SHOWN THUS IB Z_: M R, ti 1O H $ 20mm DIA.ROUNOIRON BARS,60 pn LONG,SHOWN THUS IB B (J see T ., PART 6 n MONUMENTATION FOUND ti0o51 - cj `-PART 4 MONUMEN TAT ION PLANTED 'fl CONCESSION cr oz so : cl `iaR 3NI � I (BY PLAY ;otA - ; z I z =' I m ( SURVEYOR'S CERTIFICATE I 7 a I PART 3 m t MN1 6 j� r ' I CERTIFY THAT. 6 N7 2030'40'E . n�9a ca i•i N72°3040E 57-50-- 1.THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS 44 12192 f VT 7'608 1336 36-164 AND THE LAND TITLES ACT AND THE REGULATIONS MADE g,e r NT2030 4C E 20 D0 I (.. g g PART 5 THEREUNDER. (1906) 3 . a zeo sr3 111 __) �ewrt. i - 4 N E 3T 50 I 2.THE SURVEY WAS COMPLETED ON THE DAY OF , 1985. s zao a. 3,m• «ae^a'61f6 —— ' n N _g g�` M 1 n Z PART 6 (� ~` I b 1 'Nre3D40 3750 DATE C.F FLEISCHMANN PART 4 ONTARIO LAND SURVEYOR a o: rt nR �� DONEVAN & FLEISCHMANN CO. LTU ONTARIO LAND SURVEYORS J 11 ONTARIO ST., SHERIDAN MALL, DETAIL 'A' i NOT 10 SCALE OSHAWA,LIG 4Y6 PICKERING,UV 188 . 425-47951 683-3701 839-6693 v —#1+ ){4161 DRAWN BY: J.D.J. CHKtl. BY: G.C.F. SCALE I+ 400 JOB NQ 1'5949E � ' THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been authorized and approved by By-law No. � 5° of the Corporation of the Town of Newcastle, enacted and passed the day ofe� 198 : 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: Blocks 20, 21, 22 and 23 on Plan 1OM- . . . . . being 0.3 metre reserves (2) CASH IN LIEU OF LANDS The Owner shall pay to the Town, as cash in lieu of the dedication by the Owner to the Town of lands for public purposes, the amount of five percent (5%) of the market value of the said lands agreed upon as five percent (5%) of $57,500.00, being $2,875.00, upon the execution of 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 ) THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CLERK jFRAB I SST TS IMITED ' y TITLE: L.R. : 03.01.85 THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized and approved by By-law No. of the Corporation of the Town of Newcastle, enacted and passed the day of 198 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 lands. 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:- 8.5 metres (b) The grading and paving of all streets, including the installation of Granular "A" and Granular "B" material to provide a proper base for paving, shall be as per the Town of Newcastle Design Criteria & Standard Drawings. (c) The Owner shall construct curbs and gutters on both sides of all streets, as per the Town of Newcastle's Design Criteria and Standard Drawings. (d) The Owner shall construct, install and maintain complete sidewalks in accordance with the Town of Newcastle's Design Criteria and Standard Drawings, on the following locations:- north side of the east/west road allowance and the east side of the north/south road allowance. (e) The Owner agrees to the grading and paving of all driveways between the curbs and sidewalks, in accordance with the Town of Newcastle's Design Criteria 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 Standard Drawings to the satisfaction of the Director of Public Works. L.R. : 04.02.86 Schedule "G" - 2 - (h) The Owner agrees to supply, install and maintain traffic signs and permanent street-name signs, 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, 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 Kingswood Drive 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 NOT APPLICABLE L.R. : 04.02.86 Schedule "G" - 3 _ 8. EXTERNAL WORKS The Owner agrees to pay one-half of the cost of reconstruction of abutting his lands. The reconstruction program will include: (a) ( i ) Storm sewer system and all appurtenances (ii ) Installation of Granular "A" and "B" and paving to a pavement width of 10 metres ( iii ) Curb and Gutters and Sidewalks (iv) Sodding of boulevards (v) Paving of driveway approaches (vi ) Street lighting (vii ) Any Regional works required. (b) All work to be completed to the Town of Newcastle's Design Criteria and Standard Drawings and as per the Engineering Drawings approved by the Director of Public Works. (c) The Owner agrees to supply and erect screen planting to the satisfaction of the Director of Public Works, in the following locations. (The trees are to be spaced at 3 metre intervals) :- 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 QT-ION OF THE TOWN OF NEWCASTLE MAYOR CLERK FRAB LIMITED ) TITLE: �cr; E�74✓:Z y TITLE: L.R. : 19.11.85 3 THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been authorized and approved by By-law No. ej, cr5 of the Corporation of,_the Town of Newcastle, enacted and passed the day of 198J. UTILITIES AND SERVICES 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 with 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 ®y the" Director. 5. CABLE TELEVISION The Owner shall arrange with the Cable Television Company having authority to provide its services within the area of the Plan of Subdivision for the design, provision and installation of a complete cable television distribution system to serve the said Lands. All cable television services are to be installed underground. 6. MAIL DISTRIBUTION SYSTEM The Owner shall arrange with Canada Post for the provision and installation of a mail distribution system to service the said lands, in the location as approved by the Director. L.R. : 19.11.85 cap Page 2 of SCHEDULE "H" IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE b / MAYOR Q � CLERK F AB �IAI ST ENTS LIMITED 4 ) TITLE: L.R. : 19. 11.85 THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been authorized and approved by By-law No. — 'of the Corporation of The Town of Newcastle, enacted and passed the no day of 19$ DUTIES OF OWNER'S ENGINEERS 1 . DESIGN WORKS AND PRIVATE WORKS The Owner' s Engineers shall prepare the following for the approval of the Director: (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 (g) the Stage Cost Estimate. The approval of the Director shall not absolve the Owner or the Owner's Engineer of the responsibility for any errors or omissions in the above drawings, Plans or documents. `L. 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 installation. 3. PROVIDE RESIDENT SUPERVISION The Owner' s Engineer shall provide fully qualified supervisory layout and inspection staff to provide continuous service during all phases of the construction and installation of the Works and the Private Works and to perform the following: (a) provide field layout including the provision of line and grade to the contractors and, where required, restaking; and (b) inspect the construction and installation to ensure that all work is being performed in accordance with the contract doucments; and (c) arrange for or carry out all necessary field testing of materials and equipment installed or proposed to be installed at the request of the Director; and (d) provide 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 to 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. : 19.11.85 elf Schedule I - 2 _ 6. PREPARE AS CONSTRUCTED DRAWINGS 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 ) THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CLERK FRA IE'� N -0E TEEN S LIMITED jTI IL ZC /'I 7"- y TITLE: L.R. : 19.11.65 THIS SCHEUULE IS SCHEDULE "J" to the Agreement which has been authorized and approved by By-law No. of the Corporation of the Tin of Newcastle, enacted and passed this day of o 198 . 1) LETTERS OF CREDIT FRAB INVESTMENTS LIMITED DETAILED COST ESTIMATE PART I (UNDERGROUND SERVICES & GRADING) UNIT ESTIMATED ITEM DESCRIPTION UNIT QUANTITY PRICE TOTAL 1. Rough Grading & Excavation m3 2041.00 $ 3.00 $ 6,123.00 2. 450mm Concrete Pipe l.m. 184.00 110.00 20,240.00 3. 525mm Concrete Pipe l.m. 26.30 120.00 3,156.00 4. 375mm Concrete Pipe l.m. 63.40 100.00 6,340.00 5. 750rrrn Concrete Pipe l.m. 46.30 160.00 7,408.00 6. 120Omm Precast Manhole v.m. 10.10 550.00 5,555.00 7. 1500mm Precast Manhole v.m. 4.10 600.00 2,460.00 8. Single Precast Catch Basin each 2.00 800.00 1,600.00 9. Double Precast Catch Basin each 4.00 1,300.00 5,200.00 10. 20Omm C.B. Connections l.m. 10.90 65.00 708.50 11. 250mm C.B. Connections 1.m. 17.60 75.00 1,320.00 12. 150mm Storm Service each 18.00 600.00 10,800.00 13. Temporary Headwall each 1.00 1,100.00 1,100.00 14. Rip Rap at Outfall l.m. 28.00 15.00 420.00 Subtotal $72,430.50 15% Engineering & Contingencies $10,864.58 TOTAL PART I $83,295.08 FRAB INVESTMENTS LIMITED DETAILED COST ESTIMATE PART II (ROAD BASE WORKS) ITEM DESCRIPTIUN UNIT QUANTITY UNIT ESTIMATED PRICE TOTAL 1. Granular B m3 683.00 $ 13.50 $ 9,220.50 2. Granular A m3 342.00 20.00 6,840.00 3. HL6 Base Asphalt m3 67.00 105.00 7,035.00 4. 100mm Pipe Underdrain l.m. 429.00 8.00 3,432.00 5. Street Lights each 4.00 1,400.00 5,600.00 6. Steel Beam Guide Rail l.m. 8.50 75.00 637.00 15% Engineering & Contingencies Subtotal $32,765.00$ 4,914.75 TOTAL PART II $37,679.75 FRAB INVESTMENTS LIMITED DETAILED COST ESTIhWTE PART III (ABOVE GROUND WORKS) UNIT ESTIMATED ITEM DESCRIPTION UNIT QUANTITY PRICE TOTAL I. HL3 Surface Asphalt m3 82.00 $ 105.00 $ 8,610.00 2. Concrete Curb & Gutter l.m. 429.00 32.00 13,728.00 3. Concrete Sidewalk l.m. 200.00 37.00 7,400.00 4. Topsoil & Sod sq.m. 1934.00 2.75 5,318.50 5. Driveway Approach each 5.00 300.00 1,500.00 15°6 Engineering & Contingencies Subtotal $36,556.50 5,483.48 TOTAL PART III $42,039.98 ii ) Cash Contribution for Sidewalks $ 1,500.00 External to Plan of Subdivision ( . . .to be paid upon execution of Agreement) Page 2 of SCHEDULE "J" 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 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 CORPORATION OFF THE TOWN OF NEWCASTLE MAYOR ) CLERK FR _ VE TMEN)TS LIMITED TITLE: L.R. : 19.12.85 Lt 2- THIS SCHEDULE IS SCHEDULE "K" 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 day of 198 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 tor: (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 any one person; and (b) $2,000,UOO.OU 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,ODU.00 for any one 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 LUVERAGE PROHIBITED The policy or polices of insurance shall contain no coverage exemptions or limitations for: (a) any shoring, underpinning, raising or demolition of any building or structure; or (b) any pile driving or caisson work; or L.R. : 19.11.85 Page "L of Schedule "K" (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. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE CLERK FRA , INVE MENTS LIMITED � 1 TITLE: y TITLE: L.R. : 19. 11.85 THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been authorized and approved by By-law No. = ;g°of the Corporation of the Town of Newcastle enacted and passed this day of �? � 198_-� ' 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 TON 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 base course of asphalt on any road required to be constructed under this Agreement, remove any contamination of the granular 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 granular base course as a temporary road. Similarly, the Owner shall , prior to the placement of the surface of asphalt on any road required to be constructed under this Agreement, clean the base course of asphalt and repair and replace such base course where necessary. L.R. : 19.11.85 45 Page Z of Schedule "L" 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 ) THE CORPORATION OF THE TOWN OF NEWCASTLE ��" r MAYO CLERK _ FRA INV S NTS LIMITED ) !Yt{ TITLE:. may- R y TITLE: L.R. : 19.11.85 THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been authorized and approved by By-law No. gj-- - : _ of the Corporation of the Town of Newcastle, enacted and passed this day of f 198 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 All Lots ano Blocks 12 Single family detached dwellings in accordance with By-law 84-63, as amended from time to time. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day ana 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. SIUNED, SEALED AND DELIVERED ) THE CORPDR�TPNFOF THE TOWN OF NEWCASTLE MAYOR _ CLERK jFRAB/INr EStiVIENTS LIMITED TITLE: c- ' /E TITLE: L.R. : 19.11.85 047 THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been authorized and approved by By-law No. x�_- 5"__ of the Corporation of the Tow�"f Newcastle, enacted and passed this i�day of 198 . 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 Blocks 13, 14, 15, . .. . To develop in conjunction with 16, 17 and 19 adjacent lands, in accordance with By-law 84-63, as amended. 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 CORPOION F THE TOWN OF NEWCASTLE Q'I F MAYOR CLERK FR B I "VE ,MENTS LIMITED jTI SAC r Li TITLE: L.R. : 04.02.86 THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and approved by By-law No. �5i of the Corporation of the Town Newcastle, enacted and passed this day of 198 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 (1 ) No building permit shall be issued for any building or structure on any lot comprising the said lands unless such building or structure complies in all respects with detailed site plans which have been approved by the Directors of Works and Planning of the Town which plans indicate existing and proposed grades, site drainage, vegetation to be preserved (if required) and the location of all buildings and structures. 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 CO jAT.ION OF THE TOWN OF NEWCASTLE MAYO. CLERK FRAB Nf, EST /NTI LIMITED TITLE: y _ TITLE: L.R. : 19.11.85 THIS SCHEDULE IS SCHEDULE "P" 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 day of �' 19 OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED AND/OR E ERNAL RVI ES 1 . EXTERNAL ROAD SYSTEMS: The Town endeavours to collect from the developers of the lands abutting Kingswood Drive, 50 percent of the road construction costs where external developers abut one side of the road, and 100 percent of the road construction costs where external developers abut both side of the road, and rebate said amount to the Owner. The construction cost of these road works to be rebated is $86,761.18. 37,679.75 42,039.98 7,041.45 Rough Grading + 15% $86,761.17 The above figure represents the estimated road construction cost based on the engineering drawings as outlined in Schedules 'G' & 'J ' and approved by the Director of Public Works. Upon completion of the road construction, the above estimated cost shall be updated to reflect, the ' as constructed' costs and subsequently be approved by the Director of Public Works. There shall be no reimbursement by the Town to the Owner for improvements to the external roads. 2. STORM DRAINAGE: In accordance with Section 5.27 of the Agreement and Schedule "G" (1) of the Subdivision Agreement, hereto attached, the Town agrees to make every effort to collect and reimburse the Owner, fifty percent of the sewer construction costs where external developers abut one side of the sewer, and one hundred percent of the sewer construction costs where external developers abut both sides of the sewer, and for all excess capacity required for external drainage. The construction cost of these sewer works to be rebated is $76,253,63. (Total frontage from M-Plan: 386.51 metres @ $197.27/metre The above figure represents the estimated construction cost based on the engineering drawings as outlined in Schedules 'G' & 'J' and approved by the Director of Public Works. Upon completion of the storm construction, the above estimated cost shall be updated to reflect the ' as constructed' costs and subsequently be approved by the Director of Public 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 j THE COR PATIO OF THE TOWN OF NEWCASTLE MAYO CLERK FRAB/fNV MEN}S) LIMITED a ! �r P TITLE: L.R. : 04.02.86 THIS SCHEDULE 1S SCHEDULE "Q" to the Agreement which has been authorized and approved by Hy-law No. S S' of the Corporation of the Town of Newcastle, enacted and passed this day of 19 CONSERVATION AUTHORITY'S WORKS (a) The Owner agrees to submit a Stormwater Management Plan that is acceptable to the Central Lake Ontario Conservation Authority. The Plan shall address the stormwater runoff concern in a manner consistent with the Courtice Stormwater Management Study; (b) The Owner agrees not to place fill or grade the site without prior written approval being given by 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 j THE QW RATI N OF THE TOWN OF NEWCASTLE _ L /U, MAYOR CLERK FRAB IN f'MEN T'S LIMITED ) TITLE:S�Crz� o� TITLE: L.R. : 19.11.86 J THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authorized and approved by By-law No. e5-- 4f Hof the Corporation of the Town of >-- Newcastle, enacted and passed this � -� day of 1983 ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT Estimated Costs of Works Fees Up to $100,000.00 4% 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 $2,000,000.0.0 $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. The cost of Engineering Inspection is $4,961.32 (to be determined in conjunction ($141,752.00 x 3.5%) with Schedule "J" ) The aforesaid amounts to be paid prior to issuance of the authorization to commence for each respective phase. 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 CORPORAJI,klN OF THE TOWN OF NEWCASTLE t ,,�LrdrvZt9 MAYOR CLERK FRAB� NN S LIMITED ) ) TITLE: L.R. : 04.02.86 THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been authorized and approved by By-law No. �— -% of the Corporation of the Town Newcastle, enacted and passed this - day of 198- e REGION 'S CONDITIONS OF DRAFT PLAN APPROVAL ATTACHED HERETO AS APPENDIX "A" 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 CURPO /�TI OF THE TOWN OF NEWCASTLE MAYOR CLERK FRAB/ N EST TMNTS LIMITED F TITLE. cc F7� TITLE: L.R. : 19.11.85 Attachment to letter dated May 13 , 1985 From: Dr. M. Michael , Commissioner of Planning, Region of Durham To: Mr. Mark Foley, Frab Investments Ltd. Re: Plan of Subdivision 18T-84045 Town of Newcastle CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION OF THIS PLAN OF SUBDIVISION ARE FOLLOWS: NO . CONDITIONS 1 . That this approval applies to plan of subdivision 18T-84045 , prepared by Dcnevan & Fleischman, O.L .S. , and identified as drawing No. 1-5617 dated November 6 , 1984 , showing 12 single family lots. 2 . That the road allowances included in this draft plan shall be dedicated as public highway. 3 . That the road allowances included in this draft plan shall be named to the satisfaction of the Region of Durham and the Town of Newcastle. 4 . That 0 .3 metre reserves as shown on Blocks 18 and 19 shall be conveyed to the Town of Newcastle. 5 . That the owner shall convey land to the Town of Newcastle for park or other public recreational purposes in accordance with Section 50(5a) of the Planning Act. Alternatively, the municipality may accept cash-in-lieu of such conveyance in accordance with Sections 50(8) and 50(9 ) of the Planning Act. 6 . That such easements as may be required for utilities, drainage and servicing purposes shall be granted to the appropriate authority. 7 . That the uses shown on the approved draft plan shall be zoned in an appropriate zoning by-law passed by the Council of the Town of Newcastle in effect in accordance with Section 34(19 ) or Section 34(31) of the Planning Act. 8 . That the owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within the limits of the plan which are required to service such plan. In addition, the owner shall provide for the extension of sanitary sewer and water supply facilities within the limits 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 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 . 2 - 9 . That prior to final approval , the Region of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacity are available to the proposed subdivision. 10 . 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 provision and installation of roads, services and drainage. 11 . 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 of Durham concerning the provision and installation of sanitary sewer, water supply, roads and other Regional services. 12 . That the subdivision agreement between the owner and the Town of Newcastle shall contain, among other matters, the following provisions: a ) the owner agrees to submit a stormwater management plan that is acceptable to the Central Lake Ontario Conservation Authority. The plan shall address the storm water runoff concern in a manner consistent with the Courtice Storm Water Management Study; b ) the owner agrees not to place fill or grade the site without prior written approval being given by the Central Lake Ontario Conservation Authority. 13 . That prior to approval of the final plan, the Commissioner of Planning for the Region of Durham shall be advised in writing by: a) the Town of Newcastle how conditions 1 , 3, 4, 5, 6, 7 , and 10 have been satisfied; and b ) the Central Lake Ontario Conservation Authority how condition 12 has been satisfied. NOTES TO DRAFT APPROVAL 1 . All plans of subdivision must be registered in the land titles system within the Durham Region. 2 . It is suggested that the municipality register the subdivision agreement against the land as provided for in Section 50(6) of the Planning Act. 3 . Where agency requirements are contained in the subdivision agreement, a copy of the agreement shall be sent to these agencies in order to facilitate their clearance for final approval . The applicable agency is: Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, L1H 3T3 579-0411