HomeMy WebLinkAbout92-121
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 92-121
being a by-law to authorize the entering into
of a Servicing Agreement between Veltri and
Sons Corporation and the Corporation of the
Town of Newcastle, pursuant to Land Division
Applications LD 91/137 to LD 91/140
NOW THEREFORE 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, a Servicing Agreement between
Veltri and Sons Corporation and the said Corporation,
pursuant to Land Division Applications LD 91/137 to
LD 91/140.
2. THAT the Mayor and Clerk are hereby authorized to accept, on
behalf of the Town, the said conveyances of lands required
pursuant to the aforesaid Agreement.
By-law read a first and second time this 27th day of April 1991
By-law read a third time and finally passed this 27th day of
April 1992
P~J, 0 (J-~
ACTING MAYOR
TO: THE CORPORATION OF THE TOWN OF NEWCASTLE
AND TO: SHIBLEY RIGHTON, their Solicitors herein
RE: Veltri and Sons Corporation (the "Company") and Mario Veltri Servicing
Agreement with the The Corporation of the Town of Newcastle (the
"Agreement")
CERTIFICATE OF TITLE
I, SAM L. CUREA lZ, a Solicitor of the Ontario Court, do certify that:
a) The Company and Mario Veltri are the sole owners in fee simple of all land
described as being in the Town of Newcastle and the Regional Municipality
of Durham and being comprised of part of Lots 23 and 24, Block ~ C.G.
Hannings Plan designated as Parts 4 to 12 on plan of survey of record
deposited in the Land Registry Office for the Land Registry Division of
Whitby (No. 40) (the "Land Registry Office") as Plan 40R-13850 and Parts 1,
2,3 and 4 on Plan 40R-14116 also deposited in the Land Registry Office (the
"Lands"); and
b) there are no mortgages or other encumbrances on the Lands except as have
postponed their interest to the Agreement.
This certificate is given by me to The Corporation of the Town of Newcastle for the
purpose of having the said Town rely upon it and to act on it in approving and executing
the Agreement.
DATED at Newcastle this / P day of August, 1992.
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Transfer/Deed of Land
Form 1 - Land Registration Reform Act, 1984
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(5) Description
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Part of Parcel Plan 1, Section 40M-1691, in
the Town of Newcastle, in the Regional Municipality
of Durham, being Par~of Block 18, Plan 40M-1691,
designated as Part 3, Plan 40R-14116, and Part 1,
Plan 40R-14116.
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(6) This
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Contains
(a) Redescription
New Easement
Plan/Sketch
Additional:
See 0
Schedule
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Parties 0 Other 0
(7) Interest/Estate Transferred
Fee Simple
(8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
. . . . .. ... ........................... . . . . . . . . . . . . . . . . . .
Date of Signature
Name(s) . . . . . . . . . . . Si'g~~t~~eis) ;-1;,1 ~ ~. ':" /. .! 1 Y i MiD
.Y~~~~~ AND ?9~$ GQ~q~J~9~ ........... ...... .~.~....... .~.. 992. .:OP. L3r.
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( (9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
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(10) Transferor(s) Address
for Service 68 King Street E., Bowmanville, Ontario L1C 3X2
(11) Transferee(s)
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THE CORPORATION OF THE TOWN OF NEWCASTLE ! I
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Date of Birth
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(12) Transferee(s) Address
for Service 40 Temperance St., Bowmanville, Ontario LIC 3A6
(13) Transferor:(s) The transferor verifies that to the best of the transferor's knowledge and belief. this transfer does not contravene section 49 of the
Planning Act. 1983. Date of Signature Date of Signature
i Y i MiDi ' i Y i M ! D
Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . J . . ., Slgnature...........................1 . . . . . .:. . . .: . . . .
'Sollcltor for Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquiries of the transferor
;i to determine that this transfer does not contravene that section and based on the information supplied by the transferor. to the best of my knowledge
Z and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
Q Name and !, Y 1 M, D
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o Solicitor Signature. . . . . . .. ... ...... ., .. . . . . . .., . . ., . . . .
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(14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act. 1983 and that to the best of my knowledge and belief this
transfer does root contravene section 49 of the Planning Act 1983, I act independently of the solicitor for the transferor(s) and I am an Ontario
solicitor in good standing.
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Date of Signature
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(15) Assessment Roll Number
of Property
(16) Municipal Address of Property
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(17) Document Prepared by:
Land Transfer Tax
SAM L CUREATZ
BARRISTER & SOLIOITOR
21 KING ST. E., SUITE 101
NEWCASTI r: "NT. L1S 1H3
Total
Newsome and Gilbert
April, 1985
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. Form 1 - Land Transfer Tax Ac
\ Refer 10 all instructions on reverse side. Part of Parcel Plan 1, Section 40M-1691
. IN THE MAITE-R OF THE CONlIEY ~NCE .oF. Jinsert b~'PosrrIPn oflanf/)
. '1bN.n O:t I"leWcastie, ReglOnaJ.. M.UIUCl r:..y or Durtlarn bemg Parts o:t .I:llOcK .Ltl, .p.Lan 4UM.-.Lb ~.L
designated as Part 3, Plan 40R-14116 and Part 1, Plan 40R-14116
BY (print names of a/ltransferors In full) Veltri and Sons Corporation
TO {see Instruction t and print names of all transfe_ln fulQ
'!he Corporation of the Town of Newcastle
I, (see Instruction 2 and print nam/J(s) in full)
Nicholas T. Maces
MAKE OATH AND SAY THAT:
1. I am (p'- a clear tnlItIc within the square oppomr. that ana of tlls following paragraphs that deBcrlbes tha capacity of the dBponen/{s)): (see Instruction 2)
o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
o (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
o (c) A transferee named in the above-described conveyance;
o (d) The authorized ~licitor acting in this transaction for (insert narne(s) of prIncIpaJ(s)) 'Ihe Corror.::ltion Of t'hl'> '.L'cJ!..U'"
of Newcastle
described in paragraph(s) (a), (b), (c) above; (strike out refel'flllCeS to Inapplicable paragrl(Jhs)
o (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for (Insert narne(s) ofcorporatlon(s))
described in paragraph(s) (a). (b). (c) above; (strike out refel'flllCeS to IMPP/icable paragraphs)
o (f) A transferee described in paragraph( ) (Insert only ana of paragraph (a), (b) or (c) above, as applicable) and am mak ing this affidavit on my own behalf and 01
behalf of (Insert """"' of spouse) who is my spouse describet
in paragraph ( ) (ltIS8rt only ana of paragraph (a), (b) or (c) above, as applicable) and as such, I have personal knowledge of the facts herein deposed to.
2. (To be completed where the value of the consideration for the conveyance exceeds $400,000).
I have read and considered the definition of "single family residence" set out in clause 1 (1) (ja) of the Act. The land conveyed in the above-described conveyance
o contains at least one and not more than two single family residences. NDfII: Clause 2(1)(dllmposes an additional tax at the rate of one-half of one pe
o does not contain a single family residence. cent upon the value of consideration in ex~ of $400,000 where the convey-
o contains more than two single family residences. (see instruction 3) ance contains at least one and not more than two single family residences.
3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation
or a "non-resident person" as set out in the Act. (_Instructions of and 5) none
4, THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash . . . . . . , . . . . . . . . . , . . . . . . . . .
(b) Mortgages (i) Assumed (shaw principal and Interest to ~ credited against purchas6 price)
(ii) Given back to vendor . . . . . . .
(c) Property transferred in exchange (etetall ~Iow) ........ . . . . . . , . . . .
(d) Secu rities transferred to the value of (cfetall below) . . . . . . . . . . . . . . . . .
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject
(f) Other valuable consideration subject to land transfer tax (etetall ~Iow)
(g) VALUE OF LAND, BUilDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total offa) to (f)) ....................
(h) V ALUE OF ALL CHATTELS - items of tangible personal property
(Retail Sales Tax is payable on the vlllue of all challe" unless exempt under $ nil
(j) ~;:~;~:~:i~~~~t;:;t~~~~~:n:~~~ ~:~~~~~:ct~ ~)a:;~~~o~~ . $ nil
(j) TOTAL CONSIDERATION ...'................... $ 2.00
5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6)
%; ~ ; ~ <'l '1'r<'ln~fp-r t11 the Municipality pursuant to a f SeJ:Vi.cinq Aqreenent
6. If the consideration is nominal, is the land subject to any encumbrance?
7. Other remarks and explanations, if necessary.
$ 2.00
$ nil
$ nil
$ nil All Blank
$ nil Must Sf
$ nil Filltld In,
$ nil
Insert .Ni
$ 2.00 $ 2.00 WlIsre
Appllc8b1.
Sworn before me at the Ci ty of 'Toronto
in the Municipality of M:tropolitan 'Iorcntc
this / d- day of ....L tA../1'LL 19 7>--
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A Commissioner for tak ing Affidavits, etc,
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Property Information Record
A. Describe nature of instrument: Transfer of land
B. (j) Address of property being conveyed (ffavaiJable) unkr1aNn
signature(s)
NiCQo1as T. Maces
For Land Registry Office Use Only
Registration No.
C.
(iil Assessment Roll No. (ifavaJ/abIe) not: t=l~~; gned
Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 'T'PnpPr<'lncp- Street, Bowmanvil1e.
Ontc:rio LJC 3r.6
Registration Date
I Land Registry Office No
D. (j) Registration number for last conveyance of property being conveyed (ff available)
(ii) Legal description of property conveyed: Same as in D.(i) above. Yes D
E, Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bav Street
'T'n~rlt"(). Ont1'lrio MSH 2Z1
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all indiVidual transferees Roman Catholic? Yes D No D
(b) If Yes, do all individual transferees wish to be Roman Catholic Separate School Supporters?
(c) Do all individual transferees have French Language Education Rights? Yes D No D
(d) If Yes. do all individual transferees wish to support the French Language School Boatd (where established)? Yes D No D
NOTE: As to (c) and (d) the land being transferred wiD be assigned to the French Public School Board or Sector unless otherwise directed in (a) and (b).
unknown
No D Not known [2g
YesD
NoD
04490 (90-09
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Transfer/Deed of Land
Fonn 1 - Land Registration Refonn Act, 1984
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Block Property
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(5) Description This is a: Property D Property D
Division Consolidation
Part of Lots 23 and 24, Block A, C.G. Hanning's Plan
of Part of Lot 8, Concession I (formerly Town of
Bowmanville), now in the Town of Newcastle, Regional
Municipality of Durham, designated as Part 8,
Plan 40R-13850.
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(6) This
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(a) Redescription
New Easement
Plan/Sketch
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(b) Schedule for:
Description D
Additional
Parties D Other 0
(7) Interast/Estate Transferred
Fee Simple
(8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
Name(s)
VELTRI AND SONS CORPORATION
. . . . . . . . . . . . . . . . . . . . . .~.. ..........~"I / .A' /, D~te of s~natur~
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(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
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(10) Transferor(s) Address
for Service
68 King Street E., Bowmanville, Ontario LIC 3X2
(11) Transferee(s)
Date of Birth
Y M D
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THE CORPORATION OF THE TOWN OF NEWCASTLE ! i i
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(12) Transferee(s) Address
for Service
40 Temperance Street, Bowmanville, Ontario LIC 3A6
(13) TransferorJs) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the
Planning Act, 1983. Date of Signature Date of Signature
o Y ,M, D; , YoM i D
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Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . J . . .: Slgnature...........................I......:... J . . . .
Solicitor for Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquiries of the transferor
to determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge
and belief, this transfer does not contravene that section, I am an Ontario solicitor in good standing. Date of Signature
Name and ! Y i M, D
Address of S. : i i
Solicitor Ignature. . . . . . . . . . . . . . . . . . . . . . . . . . .! . . . . . .:. . . ., . . . .
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(14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act, 1983 and that to the best of my knowledge and belief this
transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontario
solicitor in good standing.
Name and
Address of
Solicitor
Date of Signature
Y M D
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(17) Document Prepared by:
Land Transfer Tax
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lAM L CUREATZ
BARRISTER & SOLICITOR
21 KING ST. E., SUITE 101
NEWCASTLE,ONT. L1B 1H3
Total
Newsome and Gilbert
Form LF1327 0/85)
April, 1985
J-\111UdVll UI ne::>IUelll;e eHlU 01 value OJ lne L;onSlaerano
Form 1 - Land Transfer Tax A(
Ref~ to,p/l instructions on reverse side. Part lots 23 & 24 Block A C G Hanning I S
,IN THE MATTER OF THE CONVEYANCE OF (ms,ertbr/el..fJescrWlionof/and) fiai Muni . ld't . [D 1
; ,Plan of Part of lot 8, Concess~on .L , 'l'aVIl of Newcastle, .Heg~o c~p ~ y U UL lcUll
desiqnated as Part 8, Plan 40R-13850
Veltri and Sons Corporation
Amended 1991
BY (print names 01 all translerars in lull)
'Ihe Corporation of the TcMn of Newcastle
TO (S8f1 instruction 1 and print nalllfls 01 all transler68S in lull)
I. (S8f1 instruction 2 and print nam6(s) in lutt)
Nicholas T. Maces
MAKE OATH AND SAY THAT:
1, I am (place a clear marl< within the square opposite that one of the following paragraphs that describes the capaCity of the deponent(s)): (S8f1 instruction 2)
o (a) A person in trust for whom the land conveyed in the above.described conveyance is being conveyed;
o (b) A trustee named in the above.described conveyance to whom the land is being conveyed.
o Ic) A transferee named in the above.described conveyance;
o (d) The authorized ~olicitor acting in this transaction for (insert name(s) of prineipal(s)) '!he Corror.::ltion nf thP 'Th.vn
of Newcastle
described in paragraph(s) (a). (b). (c) above; (strike out references to inapplicable paragraphs)
o Ie) The Pr~;dent, V ice"President, Manager. Secretary. Director, or Treasurer author ized to act for (inSBrt name(s) 01 corporation(s))
described in paragraph(s) (a). (b), (c) above; (strike out references to in3PP/icable paragraphs)
o (f) A transferee described in paragraph( ) (insert only one of paragraph (a), (b) or (c) above, asapp/icable) and am making this affidavit on my own behalf and or
behalf of (insert nalllfl of spouse) who is my spouse describec
in paragraph ( ) (inSflrt only one of paragraph (a), (b) or (c) above. as applicable) and as such. I have personal knowledge of the facts herein deposed to.
2, (To be completBd where the value of the consideration for the conveyance exceeds $4()(),ooo).
I have read and considered the definition of "single fam ily residence" set out in clause 1 (,) (ja) of the Act, The land conveyed in the above-described conveyance
o contains at least one and not more than:two single family residences, Note: Clause 2( 1)(dl imposes an additional tax at the rate of one-half of one per
o does not contain a single family residence. cent upon the value of consideration in excess of $400,000 where the convey-
o contains more than two single family residences, (S8f1 instruction 3) ance contains at least one and not more than two single family residences.
3, I have read and considered the definitions of "non.resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non.resident corporation'
or a "non-resident person" as set out in the Act, (S68 instructions 4 and 5) none
4, THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash
(b) Mortgages (il Assumed (shc;w principal and interest to be credited against purchase price)
(ii) Given back to vendor .
(c) Property transferred in exchange (detail below) ,.
(d) Securities transferred to the value of (detail below)
Ie) Liens, legacies, annuities and maintenance charges to wi1ich transfer is subject
(f) Other valuable consideration subject to land transfer tax (detail below)
$ 2.00
$ nil
$ nil
$ nil
$ nil
$ nil
$ nil
All Blank5
Must Be
Filled In.
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Tota/of(a) to (f)) . . , . . , . . , . , , , . . , $ 2.00 $ 2.00
(h!VALUE OF ALL CHATTELS. items of tangible personal property
(Retail Sales Tax is payable on the value of all chattels unless exempt under nil
the provisions of the "Retail Sales Tax Act", R.S,O, 1980, c,454, as amended) . , . $
(i) Other consideration for transaction not included in (g) or (h) above $ nil
(j) TOTAL CONSIDERATION $ 2. 00
5. If consideration is nominal, describe relationship between transferor and transferee and state purpos~ of .conve';.a~ce. (S8f1 instruction 6)
"f1h;!=: ;!=: a 'T'ram:;fp-r to th€'o Municipality pursuant to a ServJ..CJ.ng Bg~nt
6, If the consideration is nominal. is the land subject to any encumbrance7
7, Other remarks and explanations, if necessary,
Insert "Ni/"
Where
Applicable,
Sworn before me at the City of 'Toronto
in the Municipali ty of Metropolitan 'Torcntc.
'";~~~:
A Commissioner for tak ing Affidavits, etc,
#7 .-/ /--;
~.F '
~
Prop
erty Information Record For Land Registry Office Use Only
Describe nature of instrument: Transfer of land Registration No.
W Address of property being conveyed (if available) unknavn
(ii) Assessment Roll No, (if available) not- i"1!=:!=:ignfrl
Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 'T'P~ran~p. Street, BaNmanvi11e, Registration Date Land Registry OHice No,
Ontc:rio T.le 3~6
(i) Registration number for last conve ance of ro ert bein co nve ed if available unknavn
signatura(s)
Nicl:}olas T. Macos
A,
B.
C.
D.
y p p y g
(ii) Legal description of property conveyed Same as in D,(i) above,
E, Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street
'T'nrr.r1tnr Ont-.ario MSH 2z1
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all IndiVidual transferees Roman Catholic? Yes D No D
(b) II Yes. do all IndiVidual transferees w,sh to be Roman Catholic Separate School Supporters?
Ie) Do an IndiVidual transferees have French Language Education Rights? YesD No D
(d) If Yes, do all Individual Iransferees wish 10 support the French Language School Board (where established)? Yes D No D
NOTE: As to (c) and (d) the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed in (a) and (b).
y
( ~
YesD
NoD
Not known 29
YesD
NoD
04490 (90'()9)
1
~
Province
of
Ontario
Transfer/Deed of Land
"t,.",
Fonn 1 - Land Registration Refonn Act, 1984
A
,,'.....
#'
(1) Registry [KI
(3) Property
Identifier(s)
Land Titles 0 T(2) Page 1 of 2
Block Property
pages
)
q-
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0'
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CO
1""',
ton
fW"\
Q
<(
Additional:
See 0
Schedule
f
0~:;
\0 i;~ :;:
I 1 ;;,,:
1 , .~.:;
1 ":,
\
(4) Consideration
NIL
(5) Description
This is a: Property 0
Division
Dollars $ NIL
Property
Consolidation 0
Additional:
See
Schedule
Part of Lots 23 and 24, Block A, C.G. Hanning's
Plan of Part of Lot 8, Concesseion 1, (formerly
Town of Bowmanville) now in the Town of Newcastle,
Regional Municipality of Durham, designated as
Part 3, Plan 40R-14228.
o
Executions
(6) This (a) Redescription
Document New Easement
Contains Plan/Sketch
Additional:
See 0
Schedule
i (b) Schedule for:
o 1 Description 0
Additional
Parties 0 Other 0
(7) InterasVEstate Transferred
Fee Simple
(8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
Name(s)
VELTRI AND SONS CORPORATION
Date of Signature
. . . . . . . . . Sig~~t~r~i~~L' . .~ . ~/ A' ~ . . . "1 Y : M 0
........... ....~~~...i.199~..!Op. 3.
M~IlID U~L,lli- ~JllC-S fb~Ti i
, '
, '
, :
. . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . oJ. . . . . "I' . .
, ,
, ,
, ,
, ,
, ,
, ,
, ,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1. . . . . '" .. .,.
, ,
, ,
, ,
, ,
, ,
, ,
, ,
(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s) Signature(s)
Date of Signature
Y M 0
, ,
, ,
, ,
, ,
. . . . . ':' . . 1 . . . .
: :
: :
(10) Transferor(s) Address
for Service
(11) Transferee(s)
68 King Street E., Bowmanville, Ontario LIC 3X2
Date of Birth
Y M 0
THE CORPORATION OF THE TOWN OF NEWCASTLE
. . . . . . . . . . . . . . . . . . . . . . . .. ........... ........
1 :
: :
. . . . . "I" . . J. . .
, '
, '
, '
, '
, '
, '
, '
.. ... :. . " ~ . . . .
, '
, '
, '
, '
, '
, '
. . . . .:. ~ . . . .
, '
, .
, '
. '
, '
, '
(12) Transferee(s) Address
for Service
40 Temperance Street, Bowmanville, Ontario LIC 3A6
(13) Transfero~(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the
Planning Act, 1983. Date of Signature Date of Signature
Y M D ,Y M 0
! !! j " t !!
Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . ~ . . .: Signature...........................! . . . . . .:. . . J . . .
Solicitor for Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquiries of the transferor
...J to determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge
~ and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
o Name and i Y i M, 0
~ Address of S' : : i
o Solicitor Ignature.. ... . . . . . .! . . . .:. ., . . . .
I
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'5
en
(14) Solicitor for Transferee(s) I have i~vestigated the title to this..land and to a~utting land where relevant and I am satisfied that the title r~or~s
reveal no contravention as set out In subclause 49 (21a) (c) (II) of the Planning Act, 1983 and that to the best of my knowledge and belief thiS
transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontario
solicitor in good standing.
Name and
Address of
Solicitor
Date of Signature
Y M D
,
Signature. . . . . " ., .. "..... I
(15) Assessment Roll Number ::,: Cty,
of Property
(16) Municipal Address of Property
Mun,
Map : Sub, :
, ,
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, '
Par,
nla
,~ Fees and Tax
...J
~ Registration Fee
~ land Transfer Tax
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[II
(17) Document Prepared by:
nla
SAM L. CUREATZ
BARRISTER & SOLICITOR
21 KING ST. E., SUITE 101
NEWCASTLE,ONT. L1B 1H3
Newsome and Gilbert
April, 1985
C"............ T T."1 .,"'.., ! 1 lOr"'
I Villi I - LCUIU Ildll::;It::1 I ~L
Refer to all instructions on reverse side. f 23 24 lock A G .,
IN THE MATTER OF THE CONVEYANCE OF (insertbriefdescriptionolland) Part 0 lots & , B , C. . Hanning ::
_t.J~J.an of Part of lot 8. Concession 1. 'I'cMn of :N=wcastie. Regional Municipali tv of Durham
. - designated as Part 3 on Plan 40R-14228
BY (print names of aff transferors in fuff) Veltri and Sons Corporation
, ,..
'!he Corporation of the 'I'cMn of Newcastle
TO (SH instruction t and print names of BlltransferaBs in full)
I. (SH instruction 2 and print naml1(s) in fuff)
Nicholas T. Maces
MAKE OATH AND SAY THAT:
1, I a m (place a clear mati< witllin t/79 square opposite tllat one of tile following paragraphs tllat describes tile cspscity of /tie deponent(s)),' (see instruction 2)
o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
o (b) A trustee named in the above-described conveyance to whom the land is being conveyed,
o (Cl A transferee named in the above-described conveyance;
o (d) The authorized ~olicitor acting in this transaction for (inSBrt naml1(s) of principal(s)) '!he Corroration of t-hl'> ~
of Newcastle
described in paragraph(s) (a). (b). (c) above; (strike out references to inapplicable paragraplls)
o (e) The President. V ice-President. Manager. Secretary. Director. or Treasurer authorized to act for (insert naml1(s) of corporalion(s))
described in paragraph(s) (al. (b). (c) above; (strike out references to imlpplicable paragraphs)
o If) A transferee described in paragraph( ) (insert only one of paragrapll (a), (b) or (c) above. BS applicable) and am mak ing this affidavit on my own behalf and on
behalf of (insert name of spouse) who is my spouse described
in paragraph ( ) (inSBrt only one of paragraph (a). (b) or (c) above. as applicable) and as such. I have personal knowledge of the facts herein deposed to,
2, (To be completBd where the value of the consideration for the conveyance exceeds $400,000).
I have read and considered the definition of "single fam ily residence" set out in clause 1 (1) (ja) of the Act. The land conveyed in the above-described conveyance
o contains at least one and not more than two single family residences_ No&!: Clause 2( 1 lid) imposes an additional tax at the rate of one-half of one per
o does not contain a single family residence, cent upon the value of consideration in excess of $400,000 where the convey-
o contains more than two single family residences, (see instruction 3) ance contains at least one and not more than two single family residences.
3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) If) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation"
or a "non-resident person" as set out in the Act, (SH Instructions 4 and 5) none
4, THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
$ 2.00
$ nil
$ nil
$ nil
$ nil
$ nil
$ nil
(a) Monies paid or to be paid in cash
(b) Mortgages (i) Assumed (sllaw principal and interest to be credited against purcllase price)
(ii) Given back to vendor .... _..
Ic) Property transferred in exchange (detail below) ..
(d) Securities transferred to the value of (detail below)
(e) liens, legacies. annuities and maintenance charges to wtlich transfer is subject
(f) Other valuable consideration subject to land transfer tax (detail below)
All Blanks
Must Be
Filled In,
Insert "Nil"
(g) VALUE OF LAND, BUilDING, FIXTURES AND GOODWilL SUBJECT TO
LAND TRANSFE R TAX (Totaloffa) to (f)) , . . . . . .
(h) VALUE OF All CHATTELS - items of tangible personal property
(Retail Sales Tax is payable on IlIe vBlue of all chattels unless exempt under
tile provisions of tlls "Retail Sales Tax Act", R.S,O. 1980. c,454. as amended) . . .
(i) Other consideration for transaction not included in (g) or (h) above
$ 2.00 $ 2.00
$ nil
$ nil
$ 2.00
W/79re
Applicable,
(j) TOTAL CONSIDERATION
5. If consideration is nominal. describe relationship between transferor and transferee and state purpose of conveyance. ISH instruction 6)
'"!'hi!': i!': ri 'T'rrin!':fer to thE- Mlmicipali1;y pursuant to a Servicinq ~t
6. If the consideration is nominal. is the land subject to any encumbrance?
7. Other remarks and explanations, if necessary,
Sworn before me at the City of 'Toronto
in the Municipality of lvEtropolitan 'Torcntc.
,,;, d ~ d,,,f / -=- un" 19 'Y;;J-
AC~f k' Af'fj~'~
ommlSSloner or ta mg Idavlts. etc,
/0.'7-~
signaturB(s)
Nicholas T. Macos
For Land Registry Office Use Only !
Registration No.
Registration Date I Land Registry Office No
Property Information Record
A. Describe nature of instrument: Transfer of Land
B. (i) Address of property being conveyed (if available) unknown
(ii) Assessment Roll No, (if available) not cI!':signP-d
C, Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 'T'E=>T"pPrancp- Street, I3cMrnanvi11e,
Ontfrio L'C 3Z\6
D, (i) Registration number for last conveyance of property being conveyed (if available)
(iillegal description of property conveyed Same as in D.li) above, Yes 0
E. Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street
'Thrr.rd-:(), Ont-Brio MSH 2Z1
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all IndiVidual transferees Roman Catholic? Yes 0 No 0
Ib) If Yes do al! Individual transferees Wish to be Roman CatholiC Separate School Supporters?
(cl Do al: :nd'vldual transferees have French Language Education Rights? YesO No 0
(d) If Yes, do all individual transferees Wish to support the French Language School Board (where established)? Yes D No 0
NOTE: As to (c) and (d) the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed in (a) and (b).
unknown
No 0 Not known Q9
YesO
NoD
04490 (90-09)
- p- ~ ~:,::'
.
Transfer/Deed of Land
Fonn 1 - Land Registration Refonn Act. 1984
A
(1) Registry lX1
(3) Property
Identifier(s)
Land Titles 0 1(2) Page 1 of 3
Block Property
pages
}
f'r)
c::>
0'"'
0'"'
cD
r-r,
'~
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1;;
t\.J
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Additional:
See 0
Schedule
-
I
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\ \
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i
(4) Consideration
Dollars $
r-
(5) Description
This is a:
Property
Division 0
Property
Consolidation 0
z
~
Additional:
See
Schedule
Parts of Lots 23 and 24, Block A, C. G. Hanning's Plan
of Part of Lot 8, Concession 1 (formerly Town of
Bowmanville), now in the Town of Newcastle, Regional
Municipality of Durham, designated as Parts 1 and
2, Plan 40R-14228.
~
-
o
Executions
Additional:
See 0
Schedule
(6) This (a) Redescription (b) Schedule for:
Document New Easement
Contains Plan/Sketch 0 Description 0
Additional
Parties 0 Other 00
(7) Interest/Estate Transferred
Fee Simple
EASEMENT
(8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
. . . . .. ................................. ........ ..........
Name(s)
y~~~~~ AND SONS 99~q~~~~~
Date of Signature
............. Sign.'"~~ ~.L~~<iq: j;
rw\ tr A., 0 U &;' .... 'T""1l. , - -:r A.. e-s ,be:-n r- i ::
, :
, "
, "
. .. ........... . . . , . . . . . . . . oJ. . . . . "I' . . f . . .
, "
, "
, ,
, "
, "
, "
. . . . . .. .......................:.... .:. : . . .
, "
, "
: ::
, "
, "
, "
. . . . . . . . . . . . . . .
(9) Spouse{s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
Y M 0
! ::
, ,.
. . .!. . . .:. . . ~
, "
I ::
, "
, "
(10) Transferor(s) Address
for Service 68 King Street E., Bowmanville, Ontario L1C 3X2
(11) Transferee(s)
Date of Birth
Y M 0
THE CORPORATION OF THE TOWN OF NEWCASTLE
: 1:
: I:
. . . . . . . . . . . . . . . . . . . . . . . . . .. ................. .. ~ . . . . . .!. . . 1 . . .
! ! 1
: !!
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . .:. . . { . . . .
: 1:
, "
: !!
. . . . . . . . . . . . . . . . . . . . . .. ................... 1 . . . . . '!' . . : . . . .
: ::
I ::
(12) Transferee(s) Address
for Service
40 Temperance Street, Bowmanville, Ontario L1C 3A6
(13) TransferorJs) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the
Planning Act, 1983. Date of Signature Date of Signature
Y MO, Y M 0
: ::: : :!,
I :: I Signature I :
Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .!. . . , . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . .: . . . . . .'. . . . . . . .
'Sollcltor for Transferor(s) I have explained the effect of section 49 of the Planning Act. 1983 to the transferor and I have made inquiries of the transferor
..J to determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge
~ and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
Q Name and ! Y i M, 0
to- f I I I
& ~~~~~ 0 Signature. . . . . . .. .. . . . . . . .. ...:. .!. . . .i . . . .
I
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c( ~e~
.~ ~~i
2 El!~
J! ~t c
D. Ci5.E=
.~g~
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"0
(/)
(14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act. 1983 and that to the best of my knowledge and belief this
transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontario
solicitor in good standing.
Name and
Address of
Solicitor
Date of Signature
Y M 0
Signature. . . . . . . . . . . . . . . .. ....
nla SAM L CUREATZ
BARRISTER & SOLICITOR
21 KING ST. E., SUITE 101
NEWCASTLE. ONT. L1B 1"
m
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Fees and Tax
(15) Assessment Roll Number Cty, Mun. Map i Sub,: Par, :
of Property i i : nl a
, ' ,
(16) Municipal Address of Property (17) Document Prepared by:
Land Transfer Tax
Total
Newsome and Gilbert
April, 1985
t<'........... T T;'" "l"'"' ,. 'O~'
I'
~ Province
of
""'0. Ontario
Schedule
s
Fonn 5 - Land Registration Refonn Act, 1984
Page
2
AddttlOnal Property ldentlfler(s) and/or Other Information
ADDITIONAL COVENANTS
The Transferor hereby transfers to the Transferee, its successors and assigns, the free,
uninterrupted and unobstructed right and easement to construct, operate and maintain such
tempp~ar~ turning circle together with any and all appurtenances, facilities and works (the
"Works") as may be required from time to time in, across, under and through the lands
more particularly described in Box 5 hereof (the "Lands").
TOGETHER with the right of the"Transferee, it successors and assigns and its and their
servants, agents, contractors and workmen with all necessary materials, equipment,
machinery and vehicles to enter upon the Lands and any adjoining lands of the Transferor
as may be reasonab1w necessary, at all times and to pass and repass thereon for the
purposes of: a) installing, constructing, reconstructing, examining, altering, repairing,
renewing or replacing and maintaining the Works or any part thereof whether or not any part
to be so sonstructed, ~lled, repaired, renewed, altered, replaced or maintained is
situate on the Lands; and b) the temporary storage of snow.
TO HAVE AND TO HOLD the said easement or right in the namure of an easement on, in, across,
under and through the Lands unto the Transferee, it successors and assigns and the general
public for its and their solp. and only use in accordance with an Agreement made between
the Transferor and the Transferee registered as Instrument No. ])-~9u~ .
AND the Transferor: a) covenants that it will not erect any buildings or structure, place
or remove any fill on any part of the Lands or cause or permit any person to interfere in
any way directly or indirectly with the Works or in any way derogate from the easement
hereby tr~erred; b) hereby releases the Transferee from any and every claim which may
or might arise out of the exercise by the Transferee of any of the rights hereby granted
or which may arise out of the existence, operation, construction, reconstruction
examination, repair, renewal, replacement and maintenance of the Works; c) covenants
with the Transferee that it has the right to convey the said rights and easements to the
Transferee, notwithstanding any act of the Transferor; d) covenants with the Transferee
that it will execute such further assurances of the said rights and easements as may
be required by the Transferree; and e) releases to the Transferee all claims upon the
interest hereby transferred.
AND the Transferee shall have quiet possession of the said easement or right in the
nature of an easement. free from all encumbrances and restrictions, save as mentioned
herein. ~
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Newsome and Gilbert, Limited
Ami\. 1985
Affidavit of Residence and of Value of the Considerarfl,
Form 1 - Land Transfer Tax AI
Refer to all instructions on reverse side. Part f Lots 23 24 Bl ck A C G Hanni' ,
IN THE MATTER OF THE CONVEYANCE OF (inS8rtbrlefdescriptionofland) 0 . & , 0 ,.. ng s
,Plan of Part. of Lot 8, Concession 1, Town of Newcastle, Reqional Municipality of Durham
. aesiqnated as Parts I and 2 on Plan 40R-14228
BY (prinr names of all rransferors in full) Veltri and Sons Corporation
Amended 1991
'!he Corporation of the Town of Newcastle
TO {see instruction 1 and print names of all transferees in fulQ
I. (see Instruction 2 and print name(s) In full)
Nicholas T. Maces
MAKE OATH AND SAY THAT:
1. I am (plaCfl a Clear marl< within the aquare opposite thet one at the following paragraphs that describes the capacity of the deponent(s)): (see Instruction 2)
o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
o Ib) A trustee named in the above-described conveyance to whom the land is being conveyed;
o Ic) A transferee named in the above-described conveyance;
o (d) The authorized ~Iicitor acting in this transaction for (Insert name{s) of principal(s)) '!he Co:q-orati on Of thE' 'J"o\,.lJ'l
of Newcastle
described in paragraph(s) (a), Ib), (c) above; (strike out IfIferences to Inapplicable paragraphs)
o Ie) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for (Insert name{s) of COIprX8flon(s))
described in paragraph(s) (a), Ib), (c) above; (strike out references to In:Jpp/lcable paragraphs)
o (f) A transferee described in paragraph( ) (InS8rt only one of paragraph (a), (b) or (c) above, as apptlcabltl) and am mak ing this affidavit on my own behalf and 0
behalf of (Insert name of spouse) who is my spouse describe
in paragraph I ) (Insert only one of paragraph (a), (b) or (c) above, as appJlcable) and as such, I have personal knowledge of the facts herein deposed to.
2. (To be completed where the value of the consideration for the conveyance exceeds $400,000).
I have read and considered the definition of "single family residence" set out in clause 1(1) (ja) of the Act. The land conveyed in the above-described conveyance I
o contains at least one and not more than two single family residences. ND": Clause 2(1)(d) imposes an additional tax at the rate of one-half of one pe
o does not contain a single family residence. cent upon the value of consideration in excess of $400,000 where the convey-
o contains more than two single family residences. (see instruction 3) ance contains at least one and not more than two single family residences,
3. I have read and considered the definitions of "non.resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation
or a "non-resident person" as set out in the Act. (see Instructions 4 and 5) none
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash . . . . '. .........,'..,'....
(b) Mortgages (i) Assumed (shaw principal and Interest to be credited against purchase price)
(ii) Given back to vendor . . . . . . .
(c) Property transferred in exchange (detail below) ......., . . . . . . . . . . .
(d) Securities transferred to the value of (detail below) , , . . . . . . . . . . . . . , .
(e) Liens, legacies. annuities and maintenance charges to which transfer is subject
(f) Other valuable consideration subject to land transfer tax (detail below)
$ 2.00
$ nil
$ nil
$ nil
$ nil
$ nil
$ nil
AIIBlanA
Must BE
Filled In
Insert "Ni
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Totalof(a)to(f)) ....................
(h) VALUE OF ALL CHATTELS - items of tangible personal property
(Retail Sales Tax Is payable on the value of all chattels unless exempt under
the provisions of the "Retail Sales Tax Act", R.S.O. 1980, c,454, as amended) . . . . $
(i) Other consideration for transaction not included in (g) or (h) above $
(j) TOTAL CONSIDERATION ....................... $
5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (SHlnstruction 6)
%;!=: ;!=: a 'l'ran!=:fF!r Tn thE' Mlmicipali ty pursuant to a Servicing AgreeIrent
$
2.00
$
2.00
Where
Applicabl.
nil
nil
2.00
6. If the consideration is nominal, is the land subject to any encumbrance?
7. Other remarks and explanations, if necessary.
Sworn before me at the City of 'Toronto
in the Municipality of r-Etropolitan 'Iorcntc
thi'~~
A Commissioner for tak ing Affidavits, etc,
~, Z-
~~
s1gnature(s)
Nicbolas T' Macos
.
Property Information Record For Land Registry Office Use Only
A. Describe nature of instrument: Transfer of land Registration No.
B. (i) Address of property being conveyed (If available) unkna.m
(ii) Assessment Roll No. (If available) not: oE'!=:!=:; gned
C. Mailing address{es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 'T'Pn1p=>rance Street, BaNrnanvi11e, Registration Date Land Registry Office No
Ont~rio r.Je 3r.6
D, (i) Re istration number for last conve ance of ro erty bein co nveyed If available unkna.m
( ~
YesD
NoD
Not known gg
gyp p g
(ii) Legal description of property conveyed: Same as in D.(i) above,
E. Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 40l Bay Street
'T'nr0.r,t-n r Ont-Flr; 0 MSH 2z1
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all Individual transferees Roman Catholic? YesD No D
(b) If Yes, do all individual transferees wish to be Roman Catholic Separate School Supporters?
(c) Do all Individual transferees have French Language Education Rights? YesD No D
(d) If Yes. do all individual transferees wish to support the French Language School Board (where established)? YesD No D
NOTE: As to (c) and (d) the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed in (a) and (b).
YesD
NoD
04490 (90'()9
,.
~ Province
~V~of
~ Ontario
Document General
Form 4 - Land Registration Reform Act, 1984
Form No. 985
o
(1) Registry ~
(3) Property
I dentlfier( s)
Land TItles 0 I (2) Page 1 of '-11 pages
Block Property
Additional:
See 0
Schedule
(4) Nature of Document
>-N
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Dollars $
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Servicing Agreement
(5) Consideration
\i
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1'-1:;:: __
[';; ::;::0::
('t, ;;;...~
':';:
(6) Description
.:::;
Part of Lots 23 and 24, Block A, ca. Hanning's Plan
in the Town of Newcastle, in the Regional Municipality of
Durham, designated as Parts 4 to 12 inclusive on Plan 40R-
13850
Gi;i
t)
C:-;' !
t...!
62:
New Property Identifiers
Additional:
See 0
Schedule
Executions
Additional:
See
Schedule
o
(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
o
(b) Schedule for:
Description 0
Additional
Parties 0 Other ~
(8) This Document provides as follows:
Continued on Schedule D
I (9) This Document relates to Instrument number(s)
(10) Party(ies) (Set out Status or Interest)
Name(s)
. .~l:I~ ~Q~OMr~ON .of. TH~ .TOWN . . . . . . . .
OF NEWCASTLE by it solicitors
'. SHIBLEY.RIGHTON.per. Nicholas. ., ... ....
T. Macos
Signature(s) Date of Signature
Y M 0
"'0. 7~ ~ 11992 lOG i 16
. . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . I. . . . . I . . .,. . .
Nicholas T. Macos i: i
, ,
: .:
. . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . ! . . . . . ; . . 0:' . . .
, ,
: ,
I ::
. . . . . . . . . . . 0 . . . . 0 . 0 0 . 0 . . . 0 0 . : . . . . . : . 0 oj' 0 .
, "
, "
, "
, "
, "
(11) Address
for Service
40 Temperance Street, Bowmanville, Ontario LIe 3A6
(12) Party(ies) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
Y M 0
" .. 0.0. .. . . 0.0..... . . . . . .
,
,
,
,
,
. . 0 . . . . . . . . . . 0 . . 0 . 0 . . . . . . 0 . 0 . . . . ." . . . . .
,
,
,
,
,
,
,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . ., ..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . .. ..
. . . .VELTRI AND SONS CORPORATION. . . .
VELTRI, Mario
. . . .. .... '" .. .... . . .. .. .,. " ..
\.
(14) Municipal Address of Property
(13) Address
for Service
(15) Document Prepared by:
not assigned
Shibley Righton
Barristers & Solicitors
Suite 1800
401 Bay Street
Toronto, Ontario M5H 2Z1
Attn: Nicholas T. Macos
~ Fees and Tax
...J
~ Registration Fee
w
en
::l
w
()
u::
LL
o
a:
~ Total
UI
10174 (12/84) ,
y ~
THIS AGREEMENT made as of this 21st day of April, 1992.
BE1WEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
- and -
VELTRI AND SONS CORPORATION
and MARIO VELTRI
SERVICING AGREEMENT
Page 2
,c-
"
ARTICLE
1.1
1.2
ARTICLE
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
ARTICLE
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
INDEX
1 - INTERPRETATION AND SCHEDULES
Definitions
Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .
. ........... ........ ... ........ .... ........
2 - GENERAL ..... .
Recitals in Operative Part of Agreement
Certification of Ownership
Not Used ............................................
........ .............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfer of Easements
Transfer of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Registration of Transfers
Not Used ............................................
Charge on Lands ......................................
Registration of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Not Used ............................................
................ ....... ...........
. ............. ............ .....
Town to Act Promptly
Assignment of Agreement
Not Used ............................................
Notification of Owner
Successors
... ............ ....... ..... ......
............ ........ .... ..... ...
..... ........ ..... ...... ...........
.. .......... ............ ....... ..... .......
3 - FINANCIAL. . .
..... ........... ...... ...... ..... .....
Payment of Taxes ................
Payment of Local Improvement Charges
Payment of Drainage Charges
........ .... .........
............. ..... ...........
Development Charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Not Used ..........
.... ........ .... ........ ... .......
Performance Guarantee Required
Use of Performance Guarantee
Indemnification of Town
Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Maintenance Guarantee Required
Use of Maintenance Guarantee ............................
Requirements for Release of Performance Guarantee ............
Requirements for Release of Maintenance Guarantee ............
Payment of Town's Costs
............. .... ...... ...
........... ...... ...........
....... ...... ....... .... ...... ...
... ........ ........ .... ..... ....
Unpaid Monies . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .
Not Used
............................................ .
Page 3
7
7
9
10
10
10
10
10
11
11
12
12
12
12
12
12
12
12
13
13
13
13
13
13
14
14
14
14
15
15
16
16
17
17
17
18
ARTICLE
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
ARTICLE
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
5.18
5.19
5.20
5.21
5.22
5.23
5.24
5.25
5.26
5.27
4 - PLANNING ........
Not Used ...
Not Used
Not Used
Not Used ...
Not Used
Not Used ..............
Not Used ......
Not Used ...
Not Used
Not Used
Not Used ...............
Not Used .........
. . . . . . . . . . . . . . . . .
. . . .
. . .
.....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . .
. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .
.......
........
. . . . . . . . . . . .
. . . . . . . . . . . . .
. . . . . . . . .
. . . . . . . . . . .
. . . . . . . . . . .
. . . . . . . . .
. . . .
. . . . . . . . . . .
. .
. . .
. . .
......
. . . .
. . .
. . . . . . .
. . .
. . . . .
. . . . .
......
. . .
. . . .
5 - PUBLIC WORKS
Town Works Required
Utilities and Services Required ...
Owner's Engineer
Design of Works . .
Approval of Engineering Drawings . . . .
Approval of Grading and Drainage Plan
. . . .
. . . . . . . . . . . . . . . . . . . . . . .
. . . . .
. . . .
. . .
. . . . .
. . .
. . . . . . .
. .
. . . .
. . .
. . . . . . . . . . . . . . . . . . . . .
Not Used ................
. .
. . . . .
Approval of Schedule of Works .......
Approval of Works Cost Estimates.
Requirements for Authorization to Commence Works
. . .
. . . . . . . . . . . .
. . . . . . . .
. . . . .
............
Not Used ...............
. . . . . . . . . . . . . . . . . . . . . . .
Inspection and Stop Work
Construction in Accordance with Engineering Drawings
Sequence of Construction of Works .........
Completion Time for Construction of Works ..
Minor Additional Work. . . . . . . . . . . . . . . . . .
. . .
.....
.....
. . . . . . . .
. . . . . . . .
. . . .
. . . .
Incomplete or Faulty Works and Liens
Entry for Emergency Repairs
Damage to Existing Services
Damage to Neighbouring Wells
Use of Works by Town ......
Maintenance of Roads after Completion
Requirements for Certificate of Completion
Requirements for Certificate of Acceptance
Ownership of Works by Town .......
Requirements for Certificate of Release
Not Used
. . . .
. . . .
. . .
. . .
. . . .
. . . . .
. . . .
. . . . . . . .
. . . . . . . . .
. . . .
. . .
. . . . . . . .
. . . .
. . . .
. .
. . . .
. . . . .
. . . . . . . . . .
. . . .
. .
. . . . . . . . . . . . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 4
18
18
18
18
18
18
18
18
18
18
18
18
18
. .
18
18
19
19
19
20
20
20
20
21
21
22
22
23
23
23
23
24
25
25
26
27
28
28
29
29
29
30
. .
. . .
Page 5
5.28 Not Used ............................................ 30
5.29 Cost of Works Referred to in Schedule "G" . . . . . . . . . . . . . . . . . . .. 30
ARTICLE 6 - COMPLIANCE WITH REGULATIONS ................... 31
ARTICLE 7 - RESPONSIBILITY OF SUBSEQUENT OWNERS.......... 31
ARTICLE 8 - TIME OF ESSENCE ................................ 31
ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT ................ 32
SCHEDULES TO AGREEMENT
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "P-l"
Schedule "Q"
Schedule "R"
Schedule "S"
Schedule "T"
Schedule "U"
Schedule "V"
Schedule "W"
Schedule "Y"
"Legal Description of the Lands"
Not Used
Not Used
"Charges Against the Lands"
Not Used
"Transfers of Easements"
"Lands to be Transferred to Town and/or
Cash to be Paid in Lieu Thereof"
"Works Required"
"Utilities and Services Required"
"Duties of Owner's Engineer"
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
Not Used
Not Used
Not Used
Not Used
Not Used
Not Used
"Engineering and Inspection Fees"
Not Used
Not Used
Not Used
Not Used
Not Used
Not Used
Schedule "A"
Schedule "A-I"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F"
Page 6
THIS AGREEMENT made as of this 21st day of April, 1992.
BETWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
(hereinafter called the "Town")
OF THE FIRST PART
- and -
VELTRI AND SONS CORPORATION
and MARIO VELTRI
(hereinafter called the "Owner")
OF THE SECOND PART
WHEREAS
A The lands owned by the Owner which are affected by this Agreement are
described in Schedule "A" hereto (the "Lands"). By Decisions LD137/91 to LD140/91,
inclusive, and LD345/91, pursuant to section 53 of the Planning Act, R.S.O. 1990 c.P.13 the
Region of Durham Land Division Committee consented to the severance of the Lands
conditional among other things on the Owner satisfying the Town financially and otherwise.
The Town has required the Owner to make this Agreement in partial satisfaction of the
aforesaid condition.
B The Owner represents and warrants that it is the registered Owner of the
Lands in fee simple absolute.
C The Owner represents and 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 and services referred to in Schedule "R" and hereinafter called the "Utilities and
Services".
D The Town and the Owner hereby recognize and agree that the purpose of this
Agreement is to state the covenants of both parties with respect to the design and
subsequent construction of a roadway, storm sewer and associated works within the said
Lands.
E This Agreement is made pursuant to section 53 of the Planning Act. It is
authorized by By-law 92-121 passed on 21st day of April, 1992.
NOW THEREFORE WITNESSETH THAT in consideration of the
premises and the covenants hereinafter expressed, and the sum of two ($2.00) dollars of
lawful money of Canada, now paid by each Party to the others (the receipt whereof by each
Party is hereby acknowledged), the Parties hereto covenant and agree to and with each
other as follows:
Page 7
ARTICLE 1- INTERPRETATION AND SCHEDULES
.............
1.1 Definitions
(1) In this Agreement the term:
(a) "Applicant" means an individual, an association, a partnership or corporation
who applies for the necessary building permits for the lots or blocks covered
by this Agreement.
(b) "Authorization to Commence Works" has the meaning assigned to it in
paragraph 5.10 of this Agreement.
(c) "Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24
of this Agreement.
(d) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23
of this Agreement.
(e) "Certificate of Release" has the meaning assigned to it in paragraph 5.26 of
this Agreement.
(f) "Cost of Works" referred to in Schedule "G" has the meaning assigned to it
in paragraph 5.29 of this Agreement.
(g) "Council" means the Council of The Corporation of the Town of Newcastle.
(h) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this
Agreement.
(i) "Director" or "Director of Public Works" means the Director of Public Works
of the Town or his designated representative.
G) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5. of this
Agreement.
(k) "Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6
of this Agreement.
(1) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this
Agreement.
Page 8
(m) "Land Registry Office" has the meaning assigned to it in Schedule "A" of this
Agreement. '~
(n) "Lands" has the meaning assigned to it in Recital A of this Agreement.
(0) "Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(1)
of this Agreement.
(P) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1) of
this Agreement.
(q) , "Owner" means the Party of the Second Part to this Agreement, its successors
and assigns and when used to refer to a successor or assignee of such Party,
or to another person, an owner includes an individual, an association, a
partnership or a corporation,
(r) "Owner's Engineer" means a professional Civil Engineer, registered by the
Association of Professional Engineers of Ontario.
(s) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6 of
this Agreement.
(t) "Reapproved Engineering Drawings" has the meaning assigned to it in
paragraph 5.5 of this Agreement.
(u) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in
paragraph 5.6 of this Agreement.
(v) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this
Agreement.
(w) "Security for the Maintenance Guarantee" has the meaning assigned to it in
paragraph 3.10(2) of this Agreement.
(x) "Solicitor" means the Solicitor for the Town.
(y) "Storm Sewer Work" has the meaning assigned to it in Schedule "G" of this
Agreement.
(z) "Town" means The Corporation of The Town of Newcastle or any official,
designated by Council to administer the terms of this Agreement.
Page 9
(aa) ''Treasurer'' means the Treasurer of the Town of Newcastle or his designated
representative.
(ab) ''Utilities and Services" means the utilities and services referred to in Schedule
"H" of this Agreement.
(ac) "Works" has the meaning assigned to it in paragraph 5.1 of this Agreement.
(ad) "Works Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this
Agreement.
(ae) "Works to be Relocated" has the meaning assigned to it in paragraph 5.28 of
this Agreement.
(2) Whether or not it so provides explicitly, every provision of this Agreement by
which the Owner is required to undertake any action shall be deemed to include the words
"at the cost of the Owner".
(3) Unless the context otherwise requires when used in this Agreement, the
singular includes the plural and the masculine includes the feminine.
1.2 Schedules
The following Schedules which are attached hereto, together with all provisions
therein, are hereby made a part of this Agreement as fully and for all purposes as would
be the case if they were set out in the text of this Agreement as covenants and agreements:
Schedule "G"
Schedule "H"
Schedule "I"
"Legal Description of the Lands"
Not Used
Not Used
"Charges Against the Lands"
Not Used
''Transfers of Easements"
"Lands to be Transferred to Town and/or
Cash to be Paid in Ueu Thereof'
"Works Required"
"Utilities and Services Required"
"Duties of Owner's Engineer"
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
Not Used
Schedule "A"
Schedule "A-l"
Schedule "B"
Schedule "e'
Schedule "0"
Schedule "E"
Schedule "F'
Schedule ")"
Schedule "K"
Schedule "L"
Schedule "M"
. ,
Page 10
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "P.1"
Schedule "Q"
Schedule "R"
Schedule "S"
Schedule 'T'
Schedule "u"
Schedule "V'
Schedule "W'
Schedule "Y"
Not Used
Not Used
Not Used
Not Used
Not Used
"Engineering and Inspection Fees"
Not Used
Not Used
Not Used
Not Used
Not Used
Not Used
ARTICLE 2. GENERAL
2.1 Recitals in Operative Part of A~ment
The Owner represents and warrants to the Town that each of Recitals A to C of this
Agreement is correct.
2.2 Certification of Ownership
(1) On the date of execution of this Agreement, the Owner shall provide the Town with
a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the
title of the Lands and setting out the names of all persons having interests in the
Lands and the nature of their interests.
(2) On the date of execution of this Agreement, the Owner shall provide the Town with
a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the
title of any land outside the limits of the Lands which is to be conveyed to the Town
or in which easements are to be transferred to the Town pursuant to the terms of
this Agreement.
2.3 Not Used
2.4 Transfer of Easements
(1) On the execution of this Agreement, the Owner, at its cost, shall deliver to the Town
the executed transfers of easements which are set out in Schedule "E" and shall pay
to the Town in cash or by certified cheque the amount which is equal to any tax, fee
or cost payable at the time of or in respect of the registration of such transfers
against the title to the lands to which they apply. Such transfers shall be free and
, -
Page 11
clear of all encumbrances and restrictions shall be made for a nominal consideration,
snall contain provisions satisfactory to the Town's Solicitor, and shall be in
registerable form.
(2) Subsequent to the date as of which this Agreement is made, if in the opinion of the
Director further easement(s) in any portion of the Lands or other lands owned by
the Owner are required to be transferred to the Town, the Region of Durham, the
Newcastle Hydro-Electric Commission or other appropriate authority or company for
Town purposes, Region of Durham purposes or for Utilities and Services, as the case
may be, or for drainage purposes, the Owner agrees to transfer to the Town, the
Region of Durham, the Newcastle Hydro-Electric Commission or other appropriate
authority or company, as the case may be, such further easement(s) forthwith after
a written request to do so is given to it by the Director. Notwithstanding the
foregoing, the Director shall not request such further easement(s), if its creation
would prevent the erection of a building on the Lands, the plans and drawings for
which have been approved by the Town pursuant to Section 40 of the Planning Act,
1983. If further easements are requested to be transferred to the Town, the Region
of Durham, the Newcastle Hydro-Electric Commission, or other appropriate
authority or company, as the case may be, the provisions of paragraph 2.4(1) shall
apply with all necessary changes to it being considered to have been made to give
effect to the intent of this paragraph 2.4(2).
2.5 Transfer of Lands
On the execution of this Agreement, the Owner shall deliver to the Town executed
transfers, sufficient to vest in the Town title in fee simple absolute free and clear of all
encumbrances and restrictions, of the lands set out in paragraph 1 of Schedule "Ft hereto
and shall pay to the Town in cash or by certified cheque an amount of money which is
equal to any tax, fee, or cost payable at the time of or in respect of the registration of such
transfers against the title to the lands to which they apply. All transfers referred to in this
paragraph 2.5 shall contain provisions to the satisfaction of the Town's Solicitor, shall be
made for a nominal consideration, and shall be in a registerable form.
2.6 Relistration of Transfers
The transfers of easements and lands referred to in paragraphs 2.4 and 2.5 shall be
prepared by the Owner and shall be registered at the Owner's expense, at the same time
as the Plan is registered. If such transfers are of or in respect of lot(s) or block(s) which
are to be defined on the final Plan of Subdivision of the Lands when the Plan is approved
and registered against title, 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.
Page 12
2.7 Not Used
2.8 Chal'le on Lands
The Owner hereby charges all its interest in the Lands with the obligations set out
in this Agreement.
2.9 Re~stration of A&reement
The Owner hereby consents to the registration of this Agreement or a notice thereof
against the title to the Lands. The Owner will not register, permit or suffer any person to
register any instrument after the date as of which this Agreement is made against the title
to the Lands unless this Agreement and any transfers or other documents required to be
furnished hereunder have first been registered against the title to the Lands.
2.10 Not Used
2.11 Town to Act Promptly
Wherever the Town, the Town's Solicitor, the Town's Treasurer or any Town
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 in all respects and the Town and its officials shall act reasonably.
2.12 Assipment of A&reement
The Owner shall not assign this Agreement without prior written consent of the
Town. For greater certainty, any assignment which is made contrary to this paragraph 2.12
does not relieve a subsequent Owner of the Lands of any of his obligations under this
Agreement.
2.13 Not Used
2.14 Notification of Owner
H any notice or other document is required to be or may be given by the Town or
by any official of the Town to the Owner under this Agreement, such notice shall be
transmitted by telefax or mailed by first class prepaid post or delivered to:
The Owner: Veltri and Sons Corporation
68 King Street East
Bowmanville, Ontario Lie.;A2,
Page 13
or such other telefax number or address of which the Owner has notified the Town in
writing. Any such notice so telefaxed or delivered shall be deemed good and sufficient
notice under the terms of this Agreement and shall be effective from the date which it is
so telefaxed or delivered. Any such notice so mailed shall be deemed good and official
notice under the terms of the Agreement and shall be effective five (5) days from the date
on which it is so mailed.
2.15 Successors
This Agreement shall enure to the benefit of and be binding on the Parties hereto,
and their respective successors and assigns.
ARTICLE 3. FINANCIAL
3.1 Payment of Taxes
Prior to the date of execution of this Agreement, the Owner shall pay all municipal
taxes outstanding against the Lands, as set out in Schedule "e' hereto. In addition, the
Owner shall pay any municipal taxes which may become due in respect of the whole or any
one or more portions of the Lands after the date of execution of this Agreement in
accordance with the law.
3.2 Payment of Local Improvement Charees
Prior to the execution of this Agreement, the Owner shall pay all charges with
respect to 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 Drainaee Charees
Prior to the execution of this Agreement, the Owner shall pay all drainage charges
assessed under the Drainage Act, R.S.O. 190, c.D.I?, and the Tile Drainage Act, R.S.O.
1990, c.T.8 against the Lands, as set out in Schedule "C" hereto, including the commuted
value of such charges falling due after the date of execution of this Agreement.
3.4 Development Charee
The Owner represents and warrants to the Town that the Works referred to in this
Agreement comprise local services installed at the expense of the Owner as a condition of
approval under section 53 of the Planning Act, R.S.O. 1990 c.P.13.
Page 14
3.5 Not Used
3.6 Performance Guarantee Required
Prior to the date of issuance of any Authorization to Commence Work, the Owner
shall deposit with the Town, cash or an irrevocable and unconditional letter of credit issued
by a bank listed in Schedule "A" or "B" of the Bank Act, acceptable to the Town's
Treasurer, and containing terms satisfactory to the Town's Treasurer. The deposit shall be
in the amount which is required to secure to the Town the performance by the Owner of
its covenants contained in this Agreement to construct and install the Works. Such cash
deposit or letter of credit shall be in an amount equal to the "Works Cost Estimates" (as
hereafter defined) for the construction and installation of the Works which either are the
subject of an Authorization to Commence Work or with respect to which an Authorization
Application has been made by the Owner. (The cash deposit(s) or letter(s) of credit which
is (are) to be deposited by the Owner pursuant to this paragraph 3.6 is called the
"Performance Guarantee".)
3.7 Use of Performance Guarantee
From time to time the Town may appropriate the whole or anyone or more portions
of the Performance Guarantee up to an amount(s) determined by the Director, which in
aggregate shall not exceed the amount(s) required to remedy the Owner's default at the
date of the appropriation. Forthwith after making each such appropriation, the Director
shall give the Owner written notice thereof and the Owner shall forthwith reinstate the
Performance Guarantee to the full amount(s) required by this Agreement.
3.8 Indemnification of Town
(1) The Owner shall defend, indemnify and save the Town harmless from and against
all actions, claims, liabilities, losses, damages and expenses including reasonable legal
fees which arise by reason of or are caused in whole or in part by the making and/or
the implementation of this Agreement, the design, construction, installation and/or
" use of the Works provided for in this Agreement.
(2) Except with respect to the use of the Works the Owner shall continue to indemnify
and save harmless the Town as provided in paragraph 3.8(1) notwithstanding the
issuance of a Certificate of Release to the Owner and notwithstanding any
arrangements that may be made by the Town with any person respecting any of the
matters indemnified against under this Agreement.
(3) For greater certainty, the making of this Agreement is not intended to and shall not
Page 15
have the effect of requiring the Town to do or refrain from doing any act or making
any recommendation necessary for the Owner to satisfy the conditions of approval
of the severances of the Lands pursuant to Decisions ID137/91 to ID140/91 of the
Region of Durham Land Division Committee, with the exception of the conditions
requiring the making of this Agreement.
3.9 Insurance
The Owner shall obtain and maintain the insurance and deposit the proof thereof
as required by Schedule "K" of this Agreement on or prior to the execution of this
Agreement and thereafter in accordance with Schedule "K".
3.10 Maintenance Guarantee Required
(1) From the date of issuance of a Certificate of Completion of the Works or any of
them, until the date of issuance of a Certificate of Acceptance of such Works, the
Owner agrees with the Town to promptly correct, remedy, repair or replace any
portion or component of such Works that the Director determines to be defective
or deficient having regard to the provisions of this Agreement at the Owner's cost
(the "Maintenance Guarantee"). The Owner shall be given written notice of any such
deficiency or defect by the Director forthwith after he identifies the same.
(2) Prior to the date of issuance of a Certificate of Completion of the Works or any of
them, the Owner will deposit with the Town cash or an irrevocable and
unconditional letter of credit issued by a bank listed in Schedule "A" or "B" of the
Bank Act acceptable to the Town's Treasurer which contains terms satisfactory to
the Town's Treasurer (the "Security for the Maintenance Guarantee"). The Security
for the Maintenance Guarantee shall be in an amount not less than fifteen (15%)
percent of the cost of the Works in question referred to in Schedule "]" hereto. In
the event that the Owner fails to perform the Maintenance Guarantee, the Town
may correct, remedy, repair or replace the defective or deficient Works, portion of
Works or component thereof and appropriate the whole or any part of the Security
for the Maintenance Guarantee as is necessary to indemnify the Town in respect of
~
the cost of doing so.
(3) The Maintenance Guarantee expires on the date of issuance of the Certificate of
Acceptance of the Works covered by the Certificate of Completion referred to in
paragraph 3.10(1) which shall not be earlier than the date of expiry of the relevant
period of the Maintenance Guarantee for the following Works as set out below:
(1) "Road": a minimum of two (2) years commencing on the date of issuance of
the Certificate of Completion for the Road and terminating on the date of
Page 16
issuance of the Certificate of Acceptance for the Road.
(2) "Storm Sewer Work" (as hereafter defined): a minimum of two (2) years
commencing on the date of issuance of the Certificate of Completion for the
Storm Sewer Work and terminating on the date of issuance of the Certificate
of Acceptance for the Storm Sewer Work.
3.11 Use of Maintenance Guarantee
From time to time, the Town may appropriate the whole or any part of the Security
for the Maintenance Guarantee if the Owner fails to pay any cost(s) payable by the Owner
to the Town under this Agreement. The amount(s) of such appropriation shall not exceed
the cost as determined by the Director of correcting the deficiency(s) or defect(s) in the
Works or a portion or component thereof, which is covered by the Maintenance Guarantee
and is in question. Forthwith, after the Town makes any such appropriation, the Director
shall give the Owner written notice thereof. Forthwith, after the giving of such notice, the
Owner shall restore the Security for the Maintenance Guarantee to the full amount
required by this Agreement.
3.12 Requirements for Release of Performance Guarantee
(1) Prior to the release of the Performance Guarantee, in the discretion of the Director,
the amount of the Performance Guarantee may be reduced, from time to time, to
reflect the progress of completion of the Works and other facilities and
improvements which are required to be constructed and installed by the Owner after
taking into account any outstanding claims the satisfaction of which is provided for
in this Agreement. The maximum reduction that may be permitted to be made by
the Director is to an amount equal to the value of the uncompleted Works and the
other facilities and improvements, as determined by the Director, plus fifteen (15%)
percent of the value of the completed Works, facilities and services, also determined
by the Director having regard to the Progress Certificate prepared by the Owner's
Engineer in respect of the completed Works if such has been submitted to the Town
by the Owner.
(2) The Owner will not require the Town to release to the Owner any unused portion
of the Performance Guarantee until each of the following conditions is satisfied:
(a) a Certificate of Completion has been issued for the Works for which such
Performance Guarantee is required under this Agreement;
(b) the Owner has deposited with the Town, the Maintenance Guarantee applying
to the Works for which the Performance Guarantee was required; and
. ,
Page 17
(c) 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 to such Works.
3.13 Requirements for Release of Maintenance Guarantee
The Owner agrees that the Town shall not be required to release to the Owner the
Security for the Maintenance Guarantee until the following conditions are satisfied:
(a) A Certificate of Acceptance has been issued for the Works for which such
Maintenance Guarantee is required under this Agreement.
(b) The Town is satisfied that there are no outstanding claims relating to such
Works.
(c) The Town has received the as-built drawings for such Works from the Owner.
3.14 Payment of Town's Costs
(1) On the execution of this Agreement the Owner shall reimburse the Town without
duplication 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 reasonable cost of all legal services contemplated by the
terms of this Agreement, which include the review of the Performance Guarantee,
the review of the Security for the Maintenance Guarantee and the preparation of a
Certificate(s) of Release, provided that services have actually been performed for the
Town.
(2) The Owner shall pay to the Town for all estimated engineering and inspection costs
in accordance with the provisions of Schedule "R" forthwith after a written demand
therefor is given to the Owner by the Director.
(3) .' After giving reasonable notice to the Town, the Owner may inspect, during regular
business hours, such accounts, invoices, time records and other documents and
calculations of charges for which the Town is requiring reimbursement pursuant to
paragraphs 3.14(1) and 3.14(2).
3.15 Unpaid Monies
Except as otherwise provided in this Agreement, the due date of any money payable
under it, unless a different due date is specified in this Agreement, shall be thirty (30) days
"
Page 18
after the date of the giving of the written invoice to the Owner. Interest shall be calculated
and be paid by the Owner to the Town on all sums of money of which the Owner is in
default at the same rate, and in the same manner, and at the same time as is the case with
Town taxes which are in arrears at the date on which the default in question commences.
There shall be added to the interest so calculated and payable, an amount which is equal
to the late payment charge which may be added to Town tax arrears payable by a ratepayer
of the Town at the date on which the default in question commences.
3.16 Not Used
ARTICLE 4. PLANNING
4.1 Not Used
4.2 Not Used
4.3 Not Used
4.4 Not Used
4.5 Not Used
4.6 Not Used
4.7 Not Used
4.8 Not Used
4.9 Not Used
4.10 Not Used
4.11 Not Used
4.12 Not Used
ARTICLE 5. PUBLIC WORKS
5.1 Town Works Required
The Owner covenants and agrees with the Town, at the Owner's expense, to
construct and install the facilities, services, works, improvements and landscaping more
"
Page 19
particularly described in Schedule "G" hereto (which in this Agreement collectively are
called the "Works"). From the date of the commencement of the construction and
installation of the Works until the date of issuance of a Certificate of Acceptance of them
the Owner shall be fully responsible for the maintenance of the Works including the cost
thereof. After the issuance of a Certificate of Acceptance, the Works referred to in such
Certificate shall be the responsibility of the Town.
5.2 Utilities and Services ReQuired
Either prior to or forthwith after the date of this Agreement, the Owner shall enter
into an Agreement(s) with the Newcastle Hydro-Electric Commission and/or such other
authority or company having jurisdiction in respect of the Utilities and Services referred to
in Schedule "H" in the area in which the said Lands are located which provides for the
matters referred to in Schedule "H".
5.3 Owner's Eneineer
The Owner shall retain the Owner's Engineer who shall perform the duties set out
in Schedule "I". Forthwith after retaining its Engineer, the Owner shall give the Director
written notice of the name and address of the Owner's Engineer.
5.4 Desi~ of Works
(1) The Owner covenants and agrees that the design of all the Works shall conform with
the Town's Design Criteria and Standard Drawings. In the event of any dispute as
to such requirements or their interpretation, the dispute shall be resolved by the
Director whose decision shall be final.
(2) The Owner shall provide and submit to the Director all necessary Engineering
Drawings and obtain all approvals for the construction and installation of the Works,
as required by this Agreement.
(3) On the execution of this Agreement, the Owner, at its expense, shall transfer to the
Town any land or easements considered necessary in the opinion of the Director to
accommodate the construction, installation and maintenance of the Works. For
greater certainty, the Parties agree that the provisions of paragraphs 2.4 and 2.6 shall
apply in respect of any such transfers of easements with all necessary changes to
being considered to have been made to give effect to the intent of this paragraph
5.4(3). Each transfer of land shall be in fee simple absolute, and free and clear of
all encumbrances and restrictions. It shall be prepared by the Owner in registerable
form and contain terms satisfactory to the Town's Solicitor. At the time of delivery
of each transfer of land or easement to the Town, the Owner shall pay to the Town
..
Page 20
in cash or by certified cheque an amount equal to any tax, fee or charges payable
at the time of or in respect of the registration of such transfer against title to the
lands to which it applies.
5.5 Approval or En2ineerinl: Drawin~s
Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of all necessary drawings of the Works (the
"Engineering Drawings"). H construction and i~tallation of the Works has not commenced
within two (2) years from the date of approval of the Engineering Drawings, the
Engineering Drawings shall be resubmitted to the Director for his reconsideration and
approval after any revisions required by the Director have been made to them (the
"Reapproved Engineering Drawings"). From and after the approval by the Director of the
Reapproved Engineering Drawings, they shall be deemed to be the Engineering Drawings
for the purpose of this Agreement, and thereafter all Works shall be constructed and
installed in accordance with them.
5.6 Approval or Gradin~ and Drainal:e Plan
Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of an appropriate Plan showing thereon the
existing drainage pattern on all lands adjacent to the Lands, and all proposed grading and
drainage Works for the said Lands, and 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 (the
"Grading and Drainage Plan"). The written approval of the Director of the Grading and
Drainage Plan shall be obtained prior to the commencement of construction or installation
of any of the Works on the Lands. H construction of such Works is not commenced within
two (2) years from the date of approval of the Grading and Drainage Plan, the Grading and
Drainage Plan shall be resubmitted to the Director for his reconsideration, and approval
by the Director after any revisions required by the Director have been made to it, (the
"Reapproved Grading and Drainage Plan"). From and after the approval by the Director
of the Reapproved Grading and Drainage Plan, it shall be deemed to be the Grading and
Drainage Plan for the purposes of this Agreement, and thereafter all Works shall be
constructed and installed in accordance with it.
S.7 Not Used
5.8 Approval or Schedule or Works
Prior to the issuance of any Authorization to Commence Work, the Owner shall
obtain the written approval of the Director of a draft schedule (the "Schedule of Works")
.
Page 21
which sets out the time at which, and the sequence in which, the Owner proposes to
construct and install each of the Works, Utilities and Services which are required to be
constructed and installed by it in accordance with this Agreement.
5.9 Approval of Works Cost Estimates
Prior to the issuance of any Authorization to Commence Works, the estimated cost
of construction and installation of the Works, (the "Works Cost Estimates"), shall be
approved by the Director and entered in Schedule "]" hereto.
5.10 Requirements for Authorization to Commence Works
(1) The Owner shall not commence the construction or installation of any of the Works
without the written permission of the Town, (the "Authorization to Commence
Works"). The Owner shall only commence the construction and installation of those
Works permitted by the Authorization to Commence Works. In addition to satisfying
of the other requirements of this Agreement in respect thereof, an Authorization to
Commence Works shall not be issued for any of the Works for which the
Authorization is sought until the following conditions have been satisfied:
(a) the Owner has delivered the transfers of easement to the Town in accordance
with paragraphs 2.4 and 2.6 of this Agreement;
(b) Not Used
(c) the Owner has delivered to the Town letters signed on behalf of the
Newcastle Hydro Electric Commission, and/or other authority or company
having jurisdiction with respect to the Utilities and Services that are referred
to in Schedule "Htf that satisfactory Agreement(s) have been entered into by
the Owner with them for the design, construction, installation and services of
the Utilities and Services as is required by paragraph 5.2 of this Agreement;
(d) the Owner has retained an Engineer in compliance with paragraph 5.3 of this
. '
Agreement and has confirmed the name and address of the Owner's Engineer
to the Director in writing;
(e) the Owner has been given the written approval of the Director of the
Engineering Drawings as required by paragraph 5.5 of this Agreement;
(f) the Owner has received the written approval of the Director of the Grading
and Drainage Plan required by paragraph 5.6 of this Agreement;
Page 22
(g) the Owner has received the written approval of the Director of the Schedule
of Works as required by paragraph 5.8 of this Agreement;
(h) the Owner has received the written approval of the Director to the Works
Cost Estimates as required by paragraph 5.9 of this Agreement;
(i) the Owner has deposited with the Town the Performance Guarantee required
by paragraph 3.6 and other provisions of this Agreement and has made all
cash payments to and deposited all letters of credit with the Town as required
by this Agreement;
G) the Owner has deposited with the Town all policies of insurance or proof
thereof required by paragraph 3.9 and Schedule ilK" of this Agreement;
(k) the Owner has paid all costs required to be paid to the Town by paragraph
3.14 of this Agreement on or prior to the date of issuance of the
Authorization to Commence Works; and
(1) the Owner has deposited with the Director written approval of all relevant
approving agencies including the Certificate(s) of Approval issued by the
Ministry of the Environment with respect to the watermain, sanitary and storm
sewers for which Authorization to Commence Works is sought, the written
approval of the Minister of Natural Resources, and the written approval of
the Central Lake Ontario Conservation Authority.
5.11 Not Used
5.U Inspection and Stop Work
The Owner shall ensure that every contract that may be made by the Owner with
any contractor to construct or install any of the Works shall provide that employees or
representatives of the Town may, at any time, inspect the work of such contractor and shall
require the contractor to comply with stop work orders given by the Director pursuant to
this paragraph 5.12. The Director, after consultation with the Owner's Engineer, may give
the Owner, if it does not retain a contractor, or if it does, the Owner's contractor, a written
order to stop any work that is being undertaken if, in the Director's opinion, either the work
is not being undertaken such that a completed construction and installation of the Works
satisfactory to the Town in accordance with this Agreement will result, or if the
Performance Guarantee required to be provided pursuant to this Agreement in respect of
the Works is not maintained in good standing. The Owner and the Owner's contractor shall
comply with the stop work order forthwith on it being given by the Director.
Page 23
5.13 Construction in Accordance with En2ineerine Drawines
(1) The Works shall be constructed and installed in accordance with the Engineering
Drawings as approved by the Director. No deviation from tbe Engineering Drawings
is permitted unless sucb deviation is autborized in writing by the Director before it
is undertaken. All construction and installation of the Works, shall be undertaken
and carried out by the Owner or by the Owner's contractor, as the case may be, in
accordance with tbe regulations for construction set out in Schedule "L".
(2) The Owner shall keep the Town road surfaces and ditches clean of dirt, mud and
refuse until all Works contemplated by this Agreement including the "Storm Sewer
Work" (as hereinafter defined) have been completed. After the expiry of twenty-
four (24) bours following the giving of written notice requiring the Owner to do so,
if tbe Owner has not performed its obligations under this paragraph 5.13(2), the
Town may do so and deduct the reasonable cost thereof from the Performance
Guarantee. The Owner shall restore the Performance Guarantee to the amount
otherwise required by this Agreement, forthwith after the Director gives the Owner
written notice of the amount of the deduction in question.
5.14 Sequence of Construction of Works
Following the issuance of an Authorization to Commence Works, the Owner shall
proceed in good faith to construct and install all of the Works referred to in the
Authorization to Commence Works continuously and in accordance with the timing and
sequence therefor set out in the Schedule of Works.
5.15 Completion Time for Construction of Works
Within two (2) years of the date of the issuance of an Authorization to Commence
Works, the Owner shall 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 which may be completed later if done so in accordance with the provisions of the
Schedule of Works.
5.16 Minor Additional Work
Until the conclusion of the Maintenance Guarantee Period referable thereto, if in
the opinion of the Director, any minor or incidental additional work is required to provide
for the adequate operation and functioning of any of the Works, the Owner, at its cost, shall
.
Page 24
construct and install such additional facilities and perform such additional work as the
Director may request from time to time by written notice given to the Owner.
5.17 Incomplete or Faulty Works and Liens
(1) li, in the opinion of the Director, the Owner is not constructing and installing or
causing to be constructed or installed any of the Works required by this Agreement
so that it will be completed within the time specified for such completion in the
Schedule of Works, or if the Works are being improperly constructed or installed,
or if the Owner neglects or abandons the said Works or any part of them before
completion, or unreasonable delay occurs in the execution of the same, or for any
other reason the Works are not being constructed or installed properly and promptly
and in full compliance with the provisions of this Agreement, or the Owner neglects
or refuses to reconstruct or reinstall any of the Works which may be rejected by
the Director as defective, deficient or unsuitable, or the Owner in the opinion of the
Director otherwise defaults in performance of this Agreement, the Director may give
the Owner notice in writing of such default, neglect, act or omission. Following the
later to occur of the expiry of ten (10) business days, excluding Saturdays, after the
giving of such notice and the expiry of such additional period as may be specified in
the notice given to the Owner by the Director, the Town, at the cost and expense
of the Owner, may employ a contractor or such workmen and purchase such services,
supplies and/or services as in the opinion of the Director are required for the proper
completion of the Works in accordance with this Agreement. In cases of an
emergency, as determined by the Director in his discretion, any deficiency(s) or
defect(s) in the Works, or any failure to complete the Works in accordance with this
Agreement, may be corrected or remedied by the Town at the cost and expense of
the Owner without prior notice to the Owner, provided that forthwith after the Town
so acts, the Director shall give written notice to the Owner describing the emergency,
the action taken by the Director, and the cost of correcting the deficiency or default
in question. The cost of any work which the Town undertakes under this paragraph
5.17(1) shall be determined by the Director in his discretion and his decision shall
be final. It is understood and agreed by the Parties that the cost for which the
Owner is responsible under this paragraph 5.17(1) shall include a management fee
" to the Town either of thirty (30%) percent of the 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 costs incurred by the Town to complete the
Works in question. The Owner shall reimburse the Town for the cost of all Works,
and the cost of correcting or remedying all deficiencies, defects and defaults pursuant
to this paragraph 5.17(1) which have been incurred by the Town forthwith after the
Director gives the Owner written demand for payment of such cost.
Page 25
(2) In the event that any construction liens are filed under the Construction Lien Act,
R.S.O. 1990 c. C.30 such filing(s) shall constitute a default in performance by the
Owner of this Agreement. In any such case, the Director may notify the Owner in
writing of such default. H the Owner fails to discharge the lien claim within ten (to)
business days, excluding Saturdays, after the giving of such notice, or within such
further period of time as may be specified in the notice, then the Town may pay the
full amount of the claim and costs into a Court of competent jurisdiction. The Town
is hereby authorized by the Owner to draw on and appropriate the whole or any
portion(s) of the Performance Guarantee to indemnify the Town against the costs
and expense so incurred by the Town. In the event that the Town draws on and
appropriates any portion of the Performance Guarantee to satisfy the claim of any
one (1) or more construction lien claimants and costs, forthwith after the Director
gives written notice to the Owner requiring it to do so, the Owner shall reinstate the
Performance Guarantee and/or the Security for the Maintenance Guarantee, as the
case may be, to the full amount(s) required under the provisions of this Agreement.
5.18 Entry for Emer~ency Repairs
In addition to the Town's other rights under this Agreement, the Owner
acknowledges and agrees that at any time and from time to time, employees or
representatives of the Town who are authorized by the Director, or contractors retained by
the Town may enter on the said Lands for the purpose of making emergency repairs to any
of the Works. Such entry and repairs shall not be deemed to be an acceptance of any of
the Works by the Town, nor an assumption by the Town of any responsibility or liability
in connection therewith, or a release by the Town of the Owner from any of its obligations
under this Agreement.
5.19 Dama~e to Existin~ Services
Forthwith after written demand therefor is given by the Director to the Owner, the
Owner shall pay to or to the direction of the Town, the cost of repairing any damage to any
property or services of the Town, the Region, or any utility authority or company (the
"Damaged Services") including without limiting the generality of the foregoing, any road(s),
water, electrical, gas, telephone, cable television and sewer systems, and the cost of
relocating any Damaged Services, caused by or resulting from the development of anyone
(1) or more portions of the Lands, or the construction or installation of any of the Works,
provided that all such repairs and or relocation(s) are completed to the satisfaction of the
Director, the Region and the relevant utility authority or company which owns or is
responsible for the Works, property or services in question. In addition, the Owner agrees
with the Town, at the Owner's cost, to relocate any of the Works constructed or installed
pursuant to this Agreement which are located in driveways or so close thereto as in the
opinion of the Director will interfere with the use of the driveway in question, forthwith
Page 26
after being given written notice by the Director requiring the Owner to undertake such
relocation.
5.20 Dama~e to Nei~hbourin~ Wells
(1) Prior to the commencement of and during the period of construction or installation
of the Works, the Owner shall cause to be carried out, at its expense, the ground
water monitoring program which has been approved by the Director pursuant to this
paragraph 5.20(1), (the "Monitoring Program"). The Monitoring Program shall be
prepared in draft form by a qualified hydrogeologist (the "Hydrogeologist") who shall
be retained by the Owner, at the Owner's expense, after the Hydrogeologist is first
approved by the Director. The draft Monitoring Program shall be submitted to the
Director for his consideration and approval. After the Monitoring Program has been
approved, it shall be implemented by the Hydrogeologist. The Monitoring Program
shall describe the number and location of the piezometric observation wells which
are to be installed by the Owner, and the frequency, method of observation, method
of collection and recording of data and the timing, form and addressees of the report
of the Hydrogeologist's analyses and findings to the Town, as well as such other
matters as the Director considers to be appropriate. After the draft Monitoring
Program has been approved by the Director with or without such modification(s) as
he may consider appropriate, it is the "Monitoring Program" for the purposes of this
Agreement.
(2) For the duration of the Monitoring Program, the Owner, at its cost, shall cause the
Hydrogeologist to provide the Director with a copy of all reports prepared by him
in connection with or in implementation of the Monitoring Program forthwith after
they are prepared. For the duration of the Monitoring Program, the Owner also
shall cause the Hydrogeologist to make available to the Director, at no cost to the
Town, forthwith after a written request therefore is given to the Hydrogeologist by
the Director, a copy of all data collected and all analyses made in connection with
or implementation of the Monitoring Program. Forthwith following the completion
of the Monitoring Program, the Owner shall cause the Hydrogeologist to provide to
the Director, at no cost to the Town, a copy of all data collected and all analyses and
"-
reports made by the Hydrogeologist in connection with or in implementation of the
Monitoring Program which previously have not been provided to the Director
pursuant to this paragraph 5.20(2), together with a certificate of the Hydrogeologist,
in a form satisfactory to the Town Solicitor that all the data, analyses and reports
required to be provided to the Director by this paragraph 5.20(2), have been
provided to him. In addition to the foregoing, the Owner shall cause the
Hydrogeologist to prepare separate reports, to the satisfaction of the Director for
each and every occurrence of apparent well interference caused by construction
activity within the Lands and reported to the Town, and to deliver the same to the
"
Page 27
Director, at no cost to the Town, forthwith after each of them is completed.
(3) If after considering a report thereon from the Director in this regard, Town Council
determines that the well or private water supply of any person(s) outside the Lands
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 of short term
duration (i.e. during the course of dewatering and excavation and within one
(1) month of the completion of dewatering), in the opinion of the Town
Council, the Owner shall make available to the affected party(s), a temporary
supply of water at no cost to the affected party(s); or
(b) where in the opinion of the Town Council the interference to a well or private
water supply is of a long term duration, at the option of the Owner and at its
cost, the Owner shall connect the affected Party's property to the Town water
supply system or provide a new well or private water system for such affected
party(s) so that water supplied to the affected party's property shall be of a
quality and quantity at least equal to the quality and quantity of water enjoyed
by the affected party(s) prior to the interference, as may be required by the
Town Council by written notice given to the Owner.
(4) If the Director gives written notice to the Owner that he has reason to believe that
the well or private water supply of any person(s) outside the Lands is interfered with
or dewatered as a result of the construction or installation of the Works, forthwith
after such notice is given, the Owner shall cause the quantity of potable water
considered to be appropriate by the Director to be supplied to the affected person(s)
free of charge either until such time as the Town Council, after considering a report
thereon from the Director, decides that the well or private water supply in question
has not been interfered with or dewatered as a result of the construction or
installation of the Works, or until such time as the Owner performs his obligation
under paragraph 5.20(3), as the case may be.
...
5.21 Use of Works by Town
The Owner acknowledges and agrees that any of the Works may be used by the
Town and such other person(s) who is (are) authorized by the Town for any of the purposes
for which the Works are designed, without interference by the Owner, and without the
payment of any fee or compensation to the Owner, and for such purposes the Town and
other person(s) authorized by the Town may enter upon the portion(s) of the Lands on
which the Works are located.
"
Page 28
5.22 Maintenance of Roads after Comnletion
(1) In addition to any other requirement of this Agreement that the Owner maintain the
Works the Owner, at the Owner's cost, shall maintain each road(s), which is required
to be constructed, until a Certificate of Acceptance has been issued for such road(s),
and without limiting the generality of the foregoing, the Owner shall:
(a) maintain the road(s) at all times in a well drained, dust and mud free
condition, suitable for ordinary vehicular traffic, to the approval of the
Director;
(b) during the course of construction and installation of the Works, Utilities and
Services pursuant to this Agreement, provide and maintain safe and adequate
access to all occupied buildings; and
(c) erect a sign to indicate that the road(s) are "unassumed road(s)" which the
Town is not required by law to repair and maintain, to the satisfaction of the
Director.
(2) The Town agrees to snowplough and sand all paved road(s) on the Lands for and
on behalf of the Owner until the Certificate of Acceptance of such road(s) has been
issued, provided that until the road(s) are assumed by the Town, the Owner shall pay
to the Town one hundred (100%) percent of the costs ofsnowploughing and sanding
such road(s), as determined by the Director, from time to time, and forthwith after
being given written notice of such costs by the Director.
(3) The Owner acknowledges and agrees that the undertaking or provision of repairs or
maintenance by the Town under paragraphs 5.18, 5.19 or 5.22(2) in respect of
road(s), is not intended nor shall it in any way constitute or be taken to constitute
the approval or assumption by the Town of the road(s) in question. The road(s)
shall not be deemed to have been assumed until both a Certificate of Acceptance
has been issued, and a By-law has been passed by Town Council dedicating the
road(s) as public highway(s) and assuming it for the purpose of liability to repair and
" maintain it as provided by the Municipal Act, and such By-law has been registered
in the proper Land Registry Office.
5.23 Requirements for Certificate of Completion
The Owner acknowledges and 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 certificate that such is the case (the "Certificate of Completion"). In addition
"
Page 29
to satisfying the other requirements of this Agreement respecting its issuancet a Certificate
of Completion shall not be issued until:
(a) such of the Works authorized by the Authorization to Commence Works for
which a Certificate of Completion is requiredt have been inspected by the
Directort and he is satisfied such Works have been constructed and installed
in accordance with the Engineering Drawings; and
(b) the Town is satisfied in respect of the construction and installation of all of
the Works authorized by such Authorization to Commence Workst that there
are no outstanding construction lien claims for payment by contractorst
subcontractorst suppliers of services or materials or workmen relating to the
construction and installation of such Works.
5.24 Requirements for Certificate of Acceptance
The Owner acknowledges and agrees that none of the Works covered by a
Certificate of Completion shall be acceptedt nor deemed to be acceptedt for the purpose
of this Agreementt until the Director has provided the Owner with written certificate that
they have been accepted by the Townt (lithe Certificate of Acceptance"). In addition to
satisfying the other requirements of this Agreement respecting its issuancet a Certificate of
Acceptance shall not be issued until all of the Works that are proposed to be covered by
such Certificate of Acceptance 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 relevant period set out in paragraph 3.10(3) of this
Agreementt all deficiencies and defects in the Works have been corrected by the Ownert
and the Works should be accepted by the Town.
5.25 Ownership of Works by Town
For greater certaintyt the Owner acknowledges and agrees that the Town is the
Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall have
no right or claim theretot other than as an owner of land abutting a highway in which such
Works are installed.
5.26 Requirements for Certificate of Release
Forthwith after the Owner complies with subparagraphs (a)t (b) and (c) of this
paragraph 5.26, and the Works located thereon have been constructedt installed and
accepted by the issuance of a Certificate of Acceptancet the Town shall provide the Owner
with a written release (the "Certificate of Release") respecting the Works. The Certificate
of Release shall be in a form suitable for registration or deposit in the proper Land
Page 30
Registry Office. In addition to the Owner satisfying the other requirements of this
Agreement respecting the issuance of a Certificate of Relea3e, the Certificate of Release
shall not be issued until:
(a) a Certificate(s) of Acceptance has been issued for all the Works;
(b) a registered Ontario Land Surveyor, acceptable to the Director and retained
by the Owner at the Owner's expense has provided the Town with written
confirmation that at a date not earlier than the end of the longest of the
maintenance periods set out in paragraph 3.10(3) he has found, placed or
replaced all standard iron bars shown on plans of survey of record deposited
in the Land Registry Office as Plans 40R-13850 and 40R-14116 and has found,
placed or replaced all survey monuments at all block corners, the end of all
curves, other than corner roundings, and all points of change in direction or
road(s) on such plan; and
(c) Town Council has by resolution, acknowledged that the Owner has satisfied
all of the provisions of this Agreement
From the date of its issuance, a Certificate of Release shall operate as a discharge
of the Owner in respect of the Lands or the portion thereof which are described therein of
the obligations of the Owner under this Agreement with the exception of (1) the Owner's
obligation respecting drainage as provided in this Agreement; and (2) the Owner's covenant
to comply with the requirements of this Agreement in respect of applications for building
, permits for dwellings on the Lands.
5.27 Not Vs~d
5.28 Not Used
5.29 Cost or Works Referred to in Schedule "G"
The Owner acknowledges and agrees that it will pay the total cost of the Works
referred to in Schedule 11011 hereto. The Owner will not seek any credit or rebate for or
of any part of tbe total cost of the Works by reason of any of them being oversized to
accommodate drainage or traffic from lands outside the limits of the Lands, whether from
or in respect of a development charge imposed by a Development Charge By-law which
Town Council may pass pursuant to the Development Charges Act, R.S.O. 1990 c. D.9 or
in any other manner, or for any other reason.
"
Page 31
ARTICLE 6 . COMPLIANCE WITH REGULATIONS
In exercising its rights and in performing its covenants under this Agreement, the
Owner shall comply with all Provincial regulations of general applications and all by-laws
of the Town and the Region.
ARTICLE 7 . RESPONSIBILI1Y OF SUBSEQUENT OWNERS
After the issuance of the Certificate of Release, the Owner, its successors and assigns
as the owner of the Lands or of anyone (1) or more portions thereof shall have the sole
responsibility for the following which shall be performed or undertaken at its cost:
(a) it shall be responsible for providing and maintaining adequate drainage of
surface waters from the Lands in accordance with the approved Lot Grading
and Drainage Plans referred to in paragraph 5.6 herein;
(b) it shall be responsible for compliance with the terms of paragraph 4.6
"Requirements for Building Permits" of this Agreement if, at the date of
issuance of the Certificate for Release, a building permit has not been issued
for the Lands in question; and
(c) it shall be responsible for the maintenance of fencing required in Schedule
"G" of this Agreement.
ARTICLE 8 . TIME OF ESSENCE
Time is of the essence of this Agreement.
Page 32
ARTICLE 9 - AUTHORIlY TO MAKE AGREEMENT
The Owner acknowledge and agree that the Town has authority to enter into this
Agreement, that every provision hereof is authorized by law and is fully enforceable by the
Parties, and that this Agreement is made by the Town in reliance on the acknowledgement
and agreement of the Parties other than the Town as aforesaid.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals
the day and year first above written and the corporate Parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND
DELIVERED
In the presence of:
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN
OF NEWCASTLE
VELTRI AND SONS CORPORATION
dI~ fIdL ~.
Name: . (... .Title: '
M ..,t" u~ ...,,",
Name:
Title:
4:f~ML
MARIO VELTRI
33
SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed on the 21st day of April, 1992.
LEGAL DESCRIPTION OF LANDS
All and Singular that certain parcel of land and premises situated, lying and
being in the Town of Newcastle, in the Regional Municipality of Durham being comprised
of part of Lots 23 and 24, Block A, C.G. Hannings Plan designated as Parts 4 to 12 on plan
of survey of record deposited in the Land Registry Office for the Land Registry Division
of Whitby (No. 40) (the "Land Registry Office") as Plan 40R-13850 and Parts 1, 2, 3 and
4 on Plan 40R-14116 also deposited in the Land Registry Office.
3~
. '
SCHEDULE "C"
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed on the 21st day of April, 1992.
CHARGES AGAINST LANDS
(1) Municipal Taxes
(2) Local Improvement Charges
(3) Drainage Charges
Nil
Nil
Nil
/
, ,
Z5
" \.
SCHEDULE "E"
THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed the 21st day of April, 1992.
TRANSFERS OF EAsEMJNTS
(1) On the execution of this Agreemen~ the Owner shall deliver to the Town a
transfer of easements as follows:
(a) Temporary Turn Around
Parts 1 and 2 on Plan
40R-14228
(2) The Director shall determine the duration and tenns of any such easements.
The transfers shall be prepared by the Owner at its cost, shall be free and clear of
all encumbrances and restrictions, shall contain other provisions satisfactory to the
Town's Solicitor, shall be made for a nominal consideration, and shall be in
registrable form. Prior to the registration of the transfers of such easements against
the title to the relevant lands, the Owner agrees with the Town that it will not
require the issuance of building permits for the construction of building or structures
on the Lands.
3~
SCHEDULE "F'
THIS SCHEDULE IS SCHEDULE "F' to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed the 21st day of April, 1992.
LANDS TO BE TRANSFERRED TO TOWN AND/OR CASH
TO BE PAID IN LIEU THEREOF
Dedication of Lands
The Owner shall deliver to the Town in a form satisfactory to the Town, transfers
in fee simple absolute of the following lands:
(a) Part 3 on Reference
Plan 40R-14228
(b) Part 8 on Reference
Plan 40R-13850
(c) Part 3 on Reference
Plan 40R-14116
0.3 m Reserve
Road
Road
';1
SCHEDULE "G"
THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed on the 21st day of April, 1992.
WORKS REOUIRED
1. STORM SEWER SYSTEM
The Owner shall construct, install and supervise the construction and installation of
and maintain a storm drainage system, satisfactory to the Town, for the removal and
disposal of upstream storm water and storm water originating within the 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's Design Criteria and Standard Drawings, (the "Storm Sewer Work").
The Owner agrees to produce Engineering Drawings for storm drainage system, to
the satisfaction of the Director.
The Owner agrees to obtain any easements required by the Director which are
external to said Lands, at no expense to the Town for the disposal of storm water from the
Lands and transfer the same to the Town in accordance with paragraphs 2.3 and 2.5 of
this Agreement.
2. ROADS
The Owner shall construct and install the following roads and services on the streets
shown on the Engineering Drawings at its cost as follows:
(a) Pavement widths to be applied to the following streets: - as shown on the
Engineering Drawings.
(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 in accordance
with the Town's Design Criteria and Standard Drawings.
(c) The Owner shall construct curbs and gutters on both sides of all streets, in
accordance with the Town's Design Criteria and Standard Drawings.
(d) The Owner shall construct, install and maintain complete sidewalks in accordance
with the Town's Design Criteria and Standard Drawings, as shown on the
Engineering Drawings.
3g
(e) The Owner agrees to grade and pave all driveways between the curbs and sidewalks,
in accordance with the Town's Design Criteria and Standard Drawings. The Owner
also agrees to grade and pave all driveways between the curbs and sidewalks, where
sidewalks are installed, and in all other cases, to grade and gravel the driveway
between the curbs and the lots lines.
(f) The Owner agrees to construct, install, energize and maintain street lighting, in
accordance with the Town's specifications, on all streets and walkways and this
Agreement, to the satisfaction of the Director of Public Works.
(g) The Owner agrees to install topsoil and sod the boulevards between the curbs and
the property line, in accordance with the Town's Design Criteria and Standard
Drawings and the approved Landscaping Plan, to the satisfaction of the Director of
Public Works.
(h) The Owner agrees to supply and install 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.
3. 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.
4. GRADING AND DRAINAGE PLAN
The Owner shall rough grade the Lands in accordance with the Grading and
Drainage Plan, to the satisfaction of the Director forthwith following the Director giving the
Owner written notice requiring it to do so.
5. .' LANDSCAPING
(a) The Owner shall complete and install all landscaping requirements for the roads
provided for in this Agreement and the installation of fencing in accordance with the
approved Landscaping Plan referred to in paragraph 4.2 and Schedule "U" of this
Agreement.
(b) The Owner shall provide, plant and maintain, under the supervision of a qualified
nurseryman or horticulturist the tree and shrub planting requirements provided for
in this Agreement in accordance with the Landscaping Plan.
6. TURN AROUND
The Owner shall transfer to the Town land for the Turn Around. In accordance with
the written direction given to the Owner by the Directort the Owner shall construct and
maintain such Turn Around as a temporary turn around to the satisfaction of the Director.
31
YD
SCHEDULE "H"
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed the 21st day of April, 1992.
UTILITIES AND SERVICES REOUIRED
1. ELECfRICAL 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
Company 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 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 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 by the Director.
~{
5. CABLE TELEVISION
The Owner shall arrange with the Cable Television Company having authority
to provide its services within the area of the Lands 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.
4;2
SCHEDULE "'"
THIS SCHEDULE IS SCHEDULE ".. to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Towil of
Newcastle, enacted and passed on the 21st day of April, 1992.
DUTIES OF OWNER'S ENGINEER
1. DESIGN WORKS AND PRIVATE WORKS
In addition to the other requirements of this Agreement, the Owner's
Engineer shall prepare drafts of the following for the consideration and approval of
the Director:
(a) the Engineering Drawings;
(b) the Grading and Drainage Plan;
(c) the Landscaping Plan;
(d) the Schedule of Work;
(e) the Staging Plan;
(f) the Works Cost Estimate; and
(g) the Stage Cost Estimate.
The approval of the Director shall not absolve or release the Owner or the
Owner's Engineer of the responsibility and liability for any errors or omissions in the
above drawings, plans, or documents or from liability for any damage or loss caused
or resulting directly or indirectly by the Owner's Engineer.
2. REPRESENT OWNER AND OBTAIN APPROVALS
The Owner's Engineer is hereby authorized by the Owner and 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 inspection 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;
~
(b) inspect the construction and installation to ensure that all work is being
performed in accordance with the contract documents;
(c) arrange for or carry out all necessary field testing of materials and
equipment installed or proposed to be installed at the request of the
Director;
(d) provide co-ordination and scheduling of the construction and
installation in accordance with the timing provision contained herein
.-
and the requirements of the Director;
(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 and make them available for examination by the Director as required
by the Director.
5. PROVIDE PROGRESS REPORTS
The Owner's Engineer shall provide the Director with reports on the progress
of the construction and installation on a monthly basis, or at such other interval as
approved by the Director.
6. PREPARE AS-CONSTRUCfED DRAWINGS
The Owner's Engineer shall prepare and submit as-constructed drawings
.' required by the Director for the approval of the Director.
~Lf
SCHEDULE ".1"
THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been
authorized and approved By-law No. 92-121 of the Corporation of the Town of Newcastle,
enacted and passed on the 21st day of April, 1992.
WORKS COST ESTIMATES
1. STORM SEWERS $ 13,462.76
2. ROADS - YEAR 1 $ 24,747.35
3. ROADS - YEAR 2 $ 8,859.46
4. STREET TREES $ 2,700.00
5. STREETLIGHTING $ 2,000.00
6. SILTATION CONTROL $ 1,000.00
7. GRADING (R.O.W. & FUTURE LOTS) $ 2.400.00
SUB-TOTAL $ 55,169.57
5% CONTINGENCIES $ 2.758.48
SUB-TOTAL $ 57,928.05
10% ENGINEERING $ 5.792.80
TOTAL ESTIMATED COST OF SERVICES: $ 63,720.85
TOTAL VALUE FOR PERFORMANCE GUARANTEE: ~ 63.720.85
The Performance Guarantee for the Works shall be based on the preliminary
Estimates which are provided to the Director by the Owner's Engineer and approved by the
Director. When the Engineering Drawings and the Landscaping Plan have been approved
by the appropriate Director as is required by this Agreement, a revised Cost Estimate for
the construction and installation of Works shall be prepared by the Owner's Engineer and
submitted to the Director for approval. The revised Cost Estimate shall be had regard to
by the Director in requiring an adjustment in the Performance Guarantee, in the event of
any increase or decrease in the Works Cost Estimates.
-..
L{5
SCHEDULE "K"
THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed the 21st day of April, 1992.
INSURANCE REOUIRED
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 Town's Treasurer and licensed in Ontario to underwrite such
insurance. Such policy or policies of insurance shall indemnify the Town against all
damage or claims for damage for:
(a) any loss or damage that shall or may happen to any of the Works or any of
the Utilities or to any part or parts thereof respectively;
(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;
(c) any injury to any person or persons including workmen employed on the said
Lands and the public;
(d) any loss or damage that shall or may result from the storage, use or handling
of explosives;
(e) any loss or damage that shall or may result from the drainage of surface
waters on or from the said Lands;
(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.
, '
Lito
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 for five
million ($5,000,000.00) dollars for all damage arising out of one (1) accident or
occurrence or series of accidents or occurrences.
The issuance of such policy or policies of insurance or the acceptance of it
or them by the Town shall not be construed to relieve the Owner from responsibility
for other or larger claims for which it may be held responsible.
3. EXEMPTION OF COVERAGE PROHIBITED
The policy or policies of insurance shall contain no coverage exemptions or
limitations for:
(a) any shoring, underpinning, raising or demolition of any building or structure;
(b) any pile driving or caisson work;
(c) any collapse or subsidence of any building, structure or land from any cause;
or
(d) any storage, handling or use of explosives.
;:-
..
41
, ,
SCHEDULE "L"
THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed on the 21st day of April, 1992.
REGULATIONS FOR CONSTRUCfION
1. REOUIREMENTS FOR BLASTING
The Owner shall, prior to commencing any blasting, obtain from the Director
permission to carry out the blasting operation.
2. REMOVAL OF TOPSOIL
The Owner shall not remove any topsoil from the said Lands except for
construction purposes and such topsoil must remain within the limits of the said
Lands.
3. DUMPING OF FILL OR DEBRIS
The Owner shall not dump, or permit to be dumped, any fill or debris on the
said Lands, or to remove or permit to be removed any fill from any land to be
transferred to the Town, other than the roads within the limits of the said Lands,
without the written consent of the Director.
4. DISPOSAL OF CONSTRUCfION GARBAGE
The Owner shall remove and dispose of all construction garbage and debris
from the said Lands in an orderly and sanitary fashion in a dump site off the said
Lands and approved by the Director. The Town shall not be responsible for the
removal or disposal of garbage and debris. The Owner shall deliver a copy of this
clause to each and every builder obtaining a building permit for any part of the
said Lands and to ensure that no burning of construction garbage or debris is
.... permitted on the said Lands.
5. QUALITATIVE AND QUANTITATIVE TESTS
The Owner agrees that the Town may have qualitative or quantitative tests
made of any materials or equipment installed or proposed to be installed on the
direction of the Director. The costs of such tests shall be paid by the Owner.
48
.. . f
...
..
6. MAINTENANCE. CWSING AND USE OF EXTERNAL ROADS
During this Agreement the Owner at all times 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, are 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 said Lands during the
course of construction. H 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 shall not use or occupy any
untravelled portion of any public road allowance without the prior written approval
of the Town or authority having jurisdiction over such public road allowance.
7. MAINTENANCE OF INTERNAL ROADS
Prior to the placement of the base course of asphalt on any road required
to be constructed under this Agreement, the Owner shall 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.
Prior to the placement of the surface of asphalt on any road required to be
constructed under this Agreement, the Owner shall clean the base course of asphalt
and repair and replace such base course where necessary.
Until the roads on the Lands are assumed by the Town, the Owner shall
maintain all internal roads in a condition acceptable to the Director, and shall ensure
that such roads are free of dust and mud at all times to the satisfaction of the
Director.
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.
.
.
~q
..
..
SCHEDULE "R"
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed on the 21st day of April, 1992.
ENGINEERING AND INSPECI10N FEES
Estimated Costs of Works
Em
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 $2,000,000.00
$30,000.00 or 2.50% 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 calculating the Engineering and Inspection Fees as
contemplated by this Schedule, the estimated costs of Works shall include the Cost
Estimates as specified in Schedule "J" hereto, and shall include the estimated cost of Region
services. The payment of the Engineering and Inspection fees to the Town are subject to
the Goods and Services Tax, and therefore an additional seven (7%) percent must be added
to the fees calculated using this Schedule and paid by the Owner to the Town.
The aforesaid amount is to be paid prior to issuance of the Authorization to
,Commence Works for each stage shown on the Staging Plan.
.
~ Province
~V~ of
~ Ontario
Document General
Form 4 - Land Registration Reform Act, 1984
Form No. 985
.. II,
. ..
o
(1) Registry D
(3) Property
Identlfler(s)
Land TItles d T (2) Page 1 of 11 pages .~)
Block Property
Additional:
See D
Schedule
'i..,
(4) Nature of Document
Application to Register Notice
of Servicing Agreement (Section 74 of the Act)
(5) Consideration
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(6) Description
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Part of Parcel Plan 1, Section 40M-1691, in the
Town of Newcastle, in the Regional Municipality of
Durham, being Parts of Block 18, Plan 40M-1691, designated
as Parts 1, 2, 3 and 4, Plan 40R-14116
''''J
en
..
Additional:
See
Schedule
D
Executions
Additional:
See
Schedule
D
(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
! (b) Schedule for:
D! Description D
Additional
Parties D Other ~
(8) This Document provides as follows:
TO: The Land Registrar for the Land Titles
Division of ~~i{~n TalvutRff4066)
The Corporation of the Town of Newcastle has an unregistered estate, right, interest or equity in the
land registered in the name of Veltri and Sons Corporation as Part of Parcel Plan 1, Section 40M-1691
in the Town of Newcastle, Regional Municipality of Durham and hereby applies under Section 74 of the
Land Titles Act for the entry of a Notice of Servicing Agreement in the Register for the said Parcel.
Continued on Schedule 0
(9) This Document relates to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
Y M D
1992 ! 06 i ("
. . . . . 1 . . 'r . .
, ,
: !
. . . . . ; . . ':" . .
: :
, :
. . . . . ; . . .l. . .
l !
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THE CORPORATION OF THE TOWN
. , , 'OF' NEwcAsTLE 'by ii soiidio'rs' . . . . , . . . . . . . .
. . . .SHIBLEY.&IGllTON.per Nlcnolas. . . . . . . . . . . .
T. Macos
~./.~
. Nichoias T. 'Macos' . . . . . . . . . . . . . . . .
(11) Address
for Service 40 Temperance Street, Bowmanville, Ontario LIC 3A6
(12) Party(ies) (Set out Status or Interest)
Name(s) Signature(s)
Date of Signature
Y M D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. .................................. ..... .. ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .................................. ..... .. ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .................................. ..... .. ...
(13) Address
for Service
not assigned
Shibley Righton
Barristers & Solicitors
Suite 1800
401 Bay Street
Toronto, Ontario M5H 2Z1
Attn: Nicholas T. Macos
III
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(14) Municipal Address of Property
(15) Document Prepared by:
Total
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,
THIS AGREEMENT made as of this 21st day of April, 1992.
DElWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
- and -
VELTRI AND SONS CORPORATION
and MARIO VELTRI
SERVICING AGREEMENT
Page 2
ARTICLE
1.1
1.2
ARTICLE
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
ARTICLE
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
INDEX
1 - INTERPRETATION AND SCHEDULES
Definitions
Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .
..... ......................... .... ...... ...
2 - GENERAL ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recitals in Operative Part of Agreement
Certification of Ownership
Not Used ............................................
Transfer of Easements
Transfer of Lands . . .
Registration of Transfers
Not Used ............................................
Charge on Lands ......................................
Registration of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Not Used ............................................
........ .... .........
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
............ ........ .... ........
Town to Act Promptly
Assignment of Agreement
Not Used ............................................
Notification of Owner
Successors
........ ...... ...... ..... .......
.... ............... ....... ...... ...
..... ......................... ..... ..... ...
3 - FINANCIAL. . .
....... ... ...... ..... ....... ..... .....
Payment of Taxes ................
Payment of Local Improvement Charges
Payment of Drainage Charges
...... ... .... ...... ...
. ........ ..... .......
............. ............ ....
Development Charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Not Used ..................
. ..... ........ ..... .......
Performance Guarantee Required
Use of Performance Guarantee
Indemnification of Town
Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Maintenance Guarantee Required
Use of Maintenance Guarantee ............................
Requirements for Release of Performance Guarantee ............
Requirements for Release of Maintenance Guarantee ............
Payment of Town's Costs
............ ....... ..... ....
............ ............. ........
......... ... .......... ....
.. .............. ...... ..... .....
Unpaid Monies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Not Used
. ............ ............ ........ .... .......
Page 3
7
7
9
10
10
10
10
10
11
11
12
12
12
12
12
12
12
12
13
13
13
13
13
13
14
14
14
14
15
15
16
16
17
17
17
18
ARTICLE
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.U
ARTICLE
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.U
5.13
5.14
5.15
5.16
5.17
5.18
.' 5.19
5.20
5.21
5.22
5.23
5.24
5.25
5.26
5.27
4 - PLANNING
Not Used
Not Used ..........
Not Used
Not Used ..................
Not Used ....................
Not Used
Not Used ...
Not Used .................
Not Used ..........
Not Used
Not Used ......
Not Used ...
. .
. . .
. . . . . .
. . .
. . . . . . . . . . . . .
. . . . . . . . .
. . .
. . .
. . . .
. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .
. . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .
.....
. . . . . .
. .
. . .
. . . . . . . . . . . .
. . . . . . . . . . . .
. . .
. . . . . .
. . .
. .
. . . .
. . . .
. . .
. . . . .
. . .
. . . . . . . . .
. . . . . .
5 - PUBLIC WORKS ....
Town Works Required. . .
Utilities and Services Required
Owner's Engineer
. . . . . . .
. . . . . . . . . . . . . .
. . .
.....
. . . . . . . . . . . . .
. . . . .
. . . . . . . . . . .
. . . . . . .
Design or Works . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .
Approval of Engineering Drawings
Approval of Grading and Drainage Plan
. . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .
Not Used .................
. . . . .
. . . . .
Approval of Schedule of Works
Approval of Works Cost Estimates
Requirements for Authorization to Commence Works
. . . .
. . . . .
. . . . . . .
. . . .
. . .
. . . . . .
Not Used ..............
. . . . . . . . . .
Inspection and Stop Work. . . . . . . .
Construction in Accordance with Engineering Drawings ......
Sequence of Construction of Works ............
Completion Time for Construction of Works
. . .
. . .
. . . . . . . .
Minor Additional Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Incomplete or Faulty Works and Liens
Entry for Emergency Repairs
Damage to Existing Services
Damage to Neighbouring Wells ........
Use of Works by Town .......
Maintenance of Roads after Completion . .
Requirements for Certificate of Completion ..
Requirements for Certificate of Acceptance .....
Ownership of Works by Town ..............
Requirements for Certificate of Release
Not Used
. . . . . . . . . . . . . . . . . . . . . .
. .
. . . . . . .
. . . . . .
. . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
. . . .
.....
. . . .
. .
. . . . . . . .
. .
. . . .
. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .
Page 4
18
18
18
18
18
18
18
18
18
18
18
18
18
. . .
18
18
19
19
19
20
20
20
20
21
21
22
22
23
23
23
23
24
25
25
26
27
28
28
29
29
29
30
Page 5
5.28 Not Used ............................................ 30
5.29 Cost oCWorks ReCerred to in Schedule "G" . . . . . . . . . . . . . . . . . . .. 30
ARTICLE 6 - COMPLIANCE WITH REGULATIONS ................... 31
ARTICLE 7 - RESPONSIBILIlY OF SUBSEQUENT OWNERS .......... 31
ARTICLE 8 - TIME OF ESSENCE ................................ 31
ARTICLE 9 - AUTHORIlY TO MAKE AGREEMENT ................ 32
SCHEDULES TO AGREEMENT
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "P-l"
Schedule "Q"
Schedule "R"
Schedule "S"
Schedule "T"
Schedule "U"
Schedule "V"
Schedule "W"
Schedule "Y"
"Legal Description oC the Lands"
Not Used
Not Used
"Charges Against the Lands"
Not Used
"Transfers of Easements"
"Lands to be Transferred to Town and/or
Cash to be Paid in Lieu Thereof"
"Works Required"
"Utilities and Services Required"
"Duties oC Owner's Engineer"
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
Not Used
Not Used
Not Used
Not Used
Not Used
Not Used
"Engineering and Inspection Fees"
Not Used
Not Used
Not Used
Not Used
Not Used
Not Used
Schedule "A"
Schedule "A-1"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F'
Page 6
THIS AGREEMENT made as of this 21st day of April, 1992.
BETWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
(hereinafter called the "Town")
OF THE FIRST PART
. and -
VELTRI AND SONS CORPORATION
and MARIO VELTRI
(hereinafter called the "Owner")
OF THE SECOND PART
WHEREAS
A The lands owned by the Owner which are affected by this Agreement are
described in Schedule "A" hereto (the "Lands"). By Decisions LD137/91 to LD140/91,
inclusive, and LD345/91, pursuant to section 53 of the Planning Act, R.S.O. 1990 c.P.13 the
Region of Durham Land Division Committee consented to the severance of the Lands
conditional among other things on the Owner satisfying the Town financially and otherwise.
The Town has required the Owner to make this Agreement in partial satisfaction of the
aforesaid condition.
B The Owner represents and warrants that it is the registered Owner of the
Lands in fee simple absolute.
C The Owner represents and 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 and services referred to in Schedule "H" and hereinafter called the "Utilities and
Services".
D The Town and the Owner hereby recognize and agree that the purpose of this
Agreement is to state the covenants of both parties with respect to the design and
subsequent construction of a roadway, storm sewer and associated works within the said
Lands.
E This Agreement is made pursuant to section 53 of the Planning Act. It is
authorized by By-law 92-121 passed on 21st day of April, 1992.
NOW THEREFORE WITNESSETH THAT in consideration of the
premises and the covenants hereinafter expressed, and the sum of two ($2.00) dollars of
lawful money of Canada, now paid by each Party to the others (the receipt whereof by each
Party is hereby acknowledged), the Parties hereto covenant and agree to and with each
other as follows:
Page 7
ARTICLE J . INTERPRETATION AND SCHEDULES
1.1 Definitions
(1) In this Agreement the term:
(a) "Applicant" means an individual, an association, a partnership or corporation
who applies for the necessary building permits for the lots or blocks covered
by this Agreement.
(b) "Authorization to Commence Works" has the meaning assigned to it in
paragraph 5.10 of this Agreement.
(c) "Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24
of this Agreement.
(d) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23
of this Agreement.
(e) "Certificate of Release" has the meaning assigned to it in paragraph 5.26 of
this Agreement.
(f) "Cost of Works" referred to in Schedule "G" has the meaning assigned to it
in paragraph 5.29 of this Agreement.
(g) "Council" means the Council of The Corporation of the Town of Newcastle.
(h) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this
Agreement.
(i) "Director" or "Director of Public Works" means the Director of Public Works
of the Town or his designated representative.
G) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this
Agreement.
(k) "Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6
of this Agreement.
(1) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this
Agreement.
Page 8
(m) "Land Registry Office" has the meaning assigned to it in Schedule "A" of this
Agreement.
(n) "Lands" has the meaning assigned to it in Recital A of this Agreement.
(0) "Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(1)
of this Agreement.
(P) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1) of
this Agreement.
(q) "Owner" means the Party of the Second Part to this Agreement, its successors
and assigns and when used to refer to a successor or assignee of such Party,
or to another person, an owner includes an individual, an association, a
partnership or a corporation,
(r) "Owner's Engineer" means a professional Civil Engineer, registered by the
Association of Professional Engineers of Ontario.
(s) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6 of
this Agreement.
(t) "Reapproved Engineering Drawings" has the meaning assigned to it in
paragraph 5.5 of this Agreement.
(u) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in
paragraph 5.6 of this Agreement.
(v) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this
Agreement.
(w) "Security for the Maintenance Guarantee" has the meaning assigned to it in
paragraph 3.10(2) of this Agreement.
(x) "Solicitor" means the Solicitor for the Town.
(y) "Storm Sewer Work" has the meaning assigned to it in Schedule "G" of this
Agreement.
(z) "Town" means The Corporation of The Town of Newcastle or any official,
designated by Council to administer the terms of this Agreement.
Page 9
(aa) ''TreasllfP-r'' means thp. Tr"~.sP"o-:p'f the Town of Newcastle or his designated
representative.
(ab) "Utilities and Services" means the utilities and services referred to in Schedule
"H" of this Agreement.
(ac) "Works" has the meaning assigned to it in paragraph 5.1 of this Agreement.
(ad) "Works Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this
Agreement.
(ae) "Works to be Relocated" has the meaning assigned to it in paragraph 5.28 of
this Agreement.
(2) Whether or not it so provides explicitly, every provision of this Agreement by
which the Owner is required to undertake any action shall be deemed to include the words
"at the cost of the Owner".
(3) Unless the context otherwise requires when used in this Agreement, the
singular includes the plural and the masculine includes the feminine.
1.2 Schedules
The following Schedules which are attached hereto, together with all provisions
therein, are hereby made a part of this Agreement as fully and for all purposes as would
be the case if they were set out in the text of this Agreement as covenants and agreements:
Schedule "G"
"Legal Description of the Lands"
Not Used
Not Used
"Charges Against the Lands"
Not Used
''Transfers of Easements"
"Lands to be Transferred to Town and/or
Cash to be Paid in Lieu Thereof'
"Works Required"
"Utilities and Services Required"
"Duties of Owner's Engineer"
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
Not Used
Schedule "A"
Schedule "A-I"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F'
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Page 10
Schedule "Nil
Schedule "0"
Schedule "P"
Schedule "P-l"
Schedule "Q"
Schedule "R"
Schedule "S"
Schedule 'T'
Not Used
l"'u~ u~t;u
Schedule "U"
Schedule "V"
Schedule "W"
Schedule "Y"
Not Used
Not Used
Not Used
"Engineering and Inspection Pees"
Not Used
Not Used
Not Used
Not Used
Not Used
Not Used
ARTICLE 2 - GENERAL
2.1 Recitals in ODerative Part of Aueement
The Owner represents and warrants to the Town that each of Recitals A to C of this
Agreement is correct.
2.2 Certification of Ownership
(1) On the date of execution of this Agreement, the Owner shall provide the Town with
a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the
title of the Lands and setting out the names of all persons having interests in the
Lands and the nature of their interests.
(2) On the date of execution of this Agreement, the Owner shall provide the Town with
a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the
title of any land outside the limits of the Lands which is to be conveyed to the Town
or in which easements are to be transferred to the Town pursuant to the terms of
this Agreement.
2.3 Not Used
2.4 Transfer of Easements
(1) On the execution of this Agreement, the Owner, at its cost, shall deliver to the Town
the executed transfers of easements which are set out in Schedule "E" and shall pay
to the Town in cash or by certified cheque the amount which is equal to any tax, fee
or cost payable at t~e time of cr in respect of the registration of such transfers
against the title to the lands to which they apply. Such transfers shall be free and
Page 11
clear of all encumbrances and restrictions shall be made for a nominal consideration,
shall contain provisions SatlSIactory to me Towns ~OllC110r, anll snan lJe 10
registerable form.
(2) Subsequent to the date as of which this Agreement is made, if in the opinion of the
Director further easement(s) in any portion of the Lands or other lands owned by
the Owner are required to be transferred to the Town, the Region of Durham, the
Newcastle Hydro-Electric Commission or other appropriate authority or company for
Town purposes, Region of Durham purposes or for Utilities and Services, as the case
may be, or for drainage purposes, the Owner agrees to transfer to the Town, the
Region of Durham, the Newcastle Hydro-Electric Commission or other appropriate
authority or company, as the case may be, such further easement(s) forthwith after
a written request to do so is given to it by the Director. Notwithstanding the
foregoing, the Director shall not request such further easement(s), if its creation
would prevent the erection of a building on the Lands, the plans and drawings for
which have been approved by the Town pursuant to Section 40 of the Planning Act,
1983. If further easements are requested to be transferred to the Town, the Region
of Durham, the Newcastle Hydro-Electric Commission, or other appropriate
authority or company, as the case may be, the provisions of paragraph 2.4(1) shall
apply with all necessary changes to it being considered to have been made to give
effect to the intent of this paragraph 2.4(2).
2.5 Transfer of Lands
On the execution of this Agreement, the Owner shall deliver to the Town executed
transfers, sufficient to vest in the Town title in fee simple absolute free and clear of all
encumbrances and restrictions, of the lands set out in paragraph 1 of Schedule "F' hereto
and shall pay to the Town in cash or by certified cheque an amount of money which is
equal to any tax, fee, or cost payable at the time of or in respect of the registration of such
transfers against the title to the lands to which they apply. All transfers referred to in this
paragraph 2.5 shall contain provisions to the satisfaction of the Town's Solicitor, shall be
made for a nominal consideration, and shall be in a registerable form.
2.6 Reeistration of Transfers
The transfers of easements and lands referred to in paragraphs 2.4 and 2.5 shall be
prepared by the Owner and shall be registered at the Owner's expense, at the same time
as the Plan is registered. If such transfers are of or in respect of lot(s) or block(s) which
are to be defined on the final Plan of Subdivision of the Lands when the Plan is approved
and registered against title, the registered number of the Plan shall be left blank and the
Owner hereby authorizes the Town to ;nsert such Flan number after registration of the
Plan.
Page 12
2.7 Not Used
2.8 Char-ee on Lands
The Owner hereby charges all its interest in the Lands with the obligations set out
in this Agreement.
2.9 Reeistration of A&reement
The Owner hereby consents to the registration of this Agreement or a notice thereof
against the title to the Lands. The Owner will not register, permit or suffer any person to
register any instrument after the date as of which this Agreement is made against the title
to the Lands unless this Agreement and any transfers or other documents required to be
furnished hereunder have first been registered against the title to the Lands.
2.10 Not Used
2.11 Town to Act Promptly
Wherever the Town, the Town's Solicitor, the Town's Treasurer or any Town
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 in all respects and the Town and its officials shall act reasonably.
2.12 Assi~ment of Aa:reement
The Owner shall not assign this Agreement without prior written consent of the
Town. For greater certainty, any assignment which is made contrary to this paragraph 2.12
does not relieve a subsequent Owner of the Lands of any of his obligations under this
Agreement.
2.13 Not Used
2.14 Notification of Owner
If any notice or other document is required to be or may be given by the Town or
by any official of the Town to the Owner under this Agreement, such notice shall be
transmitted by telefax or mailed by first class prepaid post or delivered to:
The Owner: Veltri and Sons Corporation
68 King Street East
Bowmanville, Ontario LlC 3X2
Page 13
or such other telefax number or address of which the Owner has notified the Town in
writing. Any such notice so telefaxed or delivered shall be deemed good and sufficient
notice under the terms of this Agreement and shall be effective from the date which it is
so telefaxed or delivered. Any such notice so mailed shall be deemed good and official
notice under the terms of the Agreement and shall be effective five (5) days from the date
on which it is so mailed.
2.15 Successors
This Agreement shall enure to the benefit of and be binding on the Parties hereto,
and their respective successors and assigns.
ARTICLE 3. FINANCIAL
3.1 Pa,yment of Taxes
Prior to the date of execution of this Agreement, the Owner shall pay all municipal
taxes outstanding against the Lands, as set out in Schedule "C' hereto. In addition, the
Owner shall pay any municipal taxes which may become due in respect of the whole or any
one or more portions of the Lands after the date of execution of this Agreement in
accordance with the law.
3.2 Payment of Local ImDrovement Charl:es
Prior to the execution of this Agreement, the Owner shall pay all charges with
respect to local improvements assessed against the said Lands as set out in Schedule "e"
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 pa,yment of Drainal:e Charl:es
Prior to the execution of this Agreement, the Owner shall pay all drainage charges
assessed under the Drainage Act, R.S.O. 190, c.D.l?, and the Tile Drainage Act, R.S.O.
1990, c.T.8 against the Lands, as set out in Schedule "C' hereto, including the commuted
value of such charges falling due after the date of execution of this Agreement.
3.4 Development Charl:e
The Owner represents and warrants to the Town that the Works referred to in this
Agreement comprise local services installed at the expense of the Owner as a condition of
approval under section 53 of the Planning Act, R.S.O. 1990 c.P.B.
Page 14
3.5 Not Used
3.6 Performance Guarantee Reauired
Prior to the date of issuance of any Authorization to Commence Work, the Owner
shall deposit with the Town, cash or an irrevocable and unconditional letter of credit issued
by a bank listed in Schedule "A" or "B" of the Bank Act, acceptable to the Town's
Treasurer, and containing terms satisfactory to the Town's Treasurer. The deposit shall be
in the amount which is required to secure to the Town the performance by the Owner of
its covenants contained in this Agreement to construct and install the Works. Such cash
deposit or letter of credit shall be in an amount equal to the "Works Cost Estimates" (as
hereafter defined) for the construction and installation of the Works which either are the
subject of an Authorization to Commence Work or with respect to which an Authorization
Application has been made by the Owner. (The cash deposit(s) or letter(s) of credit which
is (are) to be deposited by the Owner pursuant to this paragraph 3.6 is called the
"Performance Guarantee".)
3.7 Use of Performance Guarantee
From time to time the Town may appropriate the whole or anyone or more portions
of the Performance Guarantee up to an amount(s) determined by the Director, which in
aggregate shall not exceed the amount(s) required to remedy the Owner's default at the
date of the appropriation. Forthwith after making each such appropriation, the Director
shall give the Owner written notice thereof and the Owner shall forthwith reinstate the
Performance Guarantee to the full amount(s) required by this Agreement.
3.8 Indemnification of Town
(1) The Owner shall defend, indemnify and save the Town harmless from and against
all actions, claims, liabilities, losses, damages and expenses including reasonable legal
fees which arise by reason of or are caused in whole or in part by the making and/or
the implementation of this Agreement, the design, construction, installation and/or
" use of the Works provided for in this Agreement.
(2) Except with respect to the use of the Works the Owner shall continue to indemnify
and save harmless the Town as provided in paragraph 3.8(1) notwithstanding the
issuance of a Certificate of Release to the Owner and notwithstanding any
arrangements that may be made by the Town with any person respecting any of the
matters indemnified against under this Agreement.
(3) For greater certainty, the making of this Agreement is not intended to and shall not
Page 15
have the effect of requiring the Town to do or refrain from doing any act or making
any recommendation necessary for the Owner to satisfy the conditions of approval
of the severances of the Lands pursuant to Decisions LD137/91 to LD140/91 of the
Region of Durham Land Division Committee, with the exception of the conditions
requiring the making of this Agreement.
3.9 Insurance
The Owner shall obtain and maintain the insurance and deposit the proof thereof
as required by Schedule "K" of this Agreement on or prior to the execution of this
Agreement and thereafter in accordance with Schedule "K".
3.10 Maintenance Guarantee Required
(1) From the date of issuance of a Certificate of Completion of the Works or any of
them, until the date of issuance of a Certificate of Acceptance of such Works, the
Owner agrees with the Town to promptly correct, remedy, repair or replace any
portion or component of such Works that the Director determines to be defective
or deficient having regard to the provisions of this Agreement at the Owner's cost
(the "Maintenance Guarantee"). The Owner shall be given written notice of any such
deficiency or defect by the Director forthwith after he identifies the same.
(2) Prior to the date of issuance of a Certificate of Completion of the Works or any of
them, the Owner will deposit with the Town cash or an irrevocable and
unconditional letter of credit issued by a bank listed in Schedule "A" or "B" of the
Bank Act acceptable to the Town's Treasurer which contains terms satisfactory to
the Town's Treasurer (the "Security for the Maintenance Guarantee"). The Security
for the Maintenance Guarantee shall be in an amount not less than fifteen (15%)
percent of the cost of the Works in question referred to in Schedule "J" hereto. In
the event that the Owner fails to perform the Maintenance Guarantee, the Town
may correct, remedy, repair or replace the defective or deficient Works, portion of
Works or component thereof and appropriate the whole or any part of the Security
for the Maintenance Guarantee as is necessary to indemnify the Town in respect of
the cost of doing so.
(3) The Maintenance Guarantee expires on the date of issuance of the Certificate of
Acceptance of the Works covered by the Certificate of Completion referred to in
paragraph 3.10(1) which shall not be earlier than the date of expiry of the relevant
period of the Maintenance Guarantee for the following Works as set out below:
(1) "Road": a minimum of two (2) years commencing on the date of issuance of
the Certificate of Completion for the Road and terminating on the date of
Page 16
issuance of the Certificate of Acceptance for the Road.
(2) "Storm Sewer Work" (as hereafter defined): a minimum of two (2) years
commencing on the date of issuance of the Certificate of Completion for the
Storm Sewer Work and terminating on the date of issuance of the Certificate
of Acceptance for the Storm Sewer Work.
3.11 Use of Maintenance Guarantee
From time to time, the Town may appropriate the whole or any part of the Security
for the Maintenance Guarantee if the Owner fails to pay any cost(s) payable by the Owner
to the Town under this Agreement. The amount(s) of such appropriation shall not exceed
the cost as determined by the Director of correcting the deficiency(s) or defect(s) in the
Works or a portion or component thereof, which is covered by the Maintenance Guarantee
and is in question. Forthwith, after the Town makes any such appropriation, the Director
shall give the Owner written notice thereof. Forthwith, after the giving of such notice, the
Owner shall restore the Security for the Maintenance Guarantee to the full amount
required by this Agreement.
3.U Requirements for Release of Performance Guarantee
(1) Prior to the release of the Performance Guarantee, in the discretion of the Director,
the amount of the Performance Guarantee may be reduced, from time to time, to
reflect the progress of completion of the Works and other facilities and
improvements which are required to be constructed and installed by the Owner after
taking into account any outstanding claims the satisfaction of which is provided for
in this Agreement. The maximum reduction that may be permitted to be made by
the Director is to an amount equal to the value of the uncompleted Works and the
other facilities and improvements, as determined by the Director, plus fifteen (15%)
percent of the value of the completed Works, facilities and services, also determined
by the Director having regard to the Progress Certificate prepared by the Owner's
Engineer in respect of the completed Works if such has been submitted to the Town
by the Owner.
, '
(2) The Owner will not require the Town to release to the Owner any unused portion
of the Performance Guarantee until each of the following conditions is satisfied:
(a) a Certificate of Completion has been issued for the Works for which such
Performance Guarantee is required under this Agreement;
(b) the Owner has deposited with the Town, the Maintenance Guarantee applying
to the Works for which the Performance Guarantee was required; and
Page 17
(c) 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 to such Works.
3.13 Requirements for Release of Maintenance Guarantee
The Owner agrees that the Town shall not be required to release to the Owner the
Security for the Maintenance Guarantee until the following conditions are satisfied:
(a) A Certificate of Acceptance has been issued for the Works for which such
Maintenance Guarantee is required under this Agreement.
(b) The Town is satisfied that there are no outstanding claims relating to such
Works.
(c) The Town has received the as-built drawings for such Works from the Owner.
3.14 Payment of Town's Costs
(1) On the execution of this Agreement the Owner shall reimburse the Town without
duplication 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 reasonable cost of all legal services contemplated by the
terms of this Agreement, which include the review of the Performance Guarantee,
the review of the Security for the Maintenance Guarantee and the preparation of a
Certificate(s) of Release, provided that services have actually been performed for the
Town.
(2) The Owner shall pay to the Town for all estimated engineering and inspection costs
in accordance with the provisions of Schedule "R" forthwith after a written demand
therefor is given to the Owner by the Director.
(3) "After giving reasonable notice to the Town, the Owner may inspect, during regular
business hours, such accounts, invoices, time records and other documents and
calculations of charges for which the Town is requiring reimbursement pursuant to
paragraphs 3.14(1) and 3.14(2).
3.15 Unpaid Monies
Except as otherwise provided in this Agreement, the due date of any money payable
under it, unless a different due date is specified in this Agreement, shall be thirty (30) days
Page 18
after the date of the giving of the written invoice to the Owner. Interest shall be calculated
and be paid by the Owner to the Town on all sums of money of which the Owner is in
default at the same rate, and in the same manner, and at the same time as is the case with
Town taxes which are in arrears at the date on which the default in question commences.
There shall be added to the interest so calculated and payable, an amount which is equal
to the late payment charge which may be added to Town tax arrears payable by a ratepayer
of the Town at the date on which the default in question commences.
3.16 Not Used
ARTICLE 4 - PLANNING
4.1 Not Used
4.2 Not Used
4.3 Not Used
4.4 Not Used
4.5 Not Used
4.6 Not Used
4.7 Not Used
4.8 Not Used
4.9 Not Used
4.10 Not Used
4.11 Not Used
, ,
4.U Not Used
ARTICLE 5 - PUBLIC WORKS
5.1 Town Works Reouired
The Owner covenants and agrees with the Town, at the Owner's expense, to
construct and install the facilities, services, works, improvements and landscaping more
Page 19
particularly described in Schedule "G" hereto (which in this Agreement collectively are
called the "Works"). From the date of the commencement of the construction and
installation of the Works until the date of issuance of a Certificate of Acceptance of them
the Owner shall be fully responsible for the maintenance of the Works including the cost
thereof. After the issuance of a Certificate of Acceptance, the Works referred to in such
Certificate shall be the responsibility of the Town.
5.2 Utilities and Services Required
Either prior to or forthwith after the date of this Agreement, the Owner shall enter
into an Agreement(s) with the Newcastle Hydro-Electric Commission and/or such other
authority or company having jurisdiction in respect of the Utilities and Services referred to
in Schedule "H" in the area in which the said Lands are located which provides for the
matters referred to in Schedule "H".
5.3 Owner's En2ineer
The Owner shall retain the Owner's Engineer who shall perform the duties set out
in Schedule "I". Forthwith after retaining its Engineer, the Owner shall give the Director
written notice of the name and address of the Owner's Engineer.
5.4 Desi~ of Works
(1) The Owner covenants and agrees that the design of all the Works shall conform with
the Town's Design Criteria and Standard Drawings. In the event of any dispute as
to such requirements or their interpretation, the dispute shall be resolved by the
Director whose decision shall be final.
(2) The Owner shall provide and submit to the Director all necessary Engineering
Drawings and obtain all approvals for the construction and installation of the Works,
as required by this Agreement.
(3) On the execution of this Agreement, the Owner, at its expense, shall transfer to the
>-
Town any land or easements considered necessary in the opinion of the Director to
accommodate the construction, installation and maintenance of the Works. For
greater certainty, the Parties agree that the provisions of paragraphs 2.4 and 2.6 shall
apply in respect of any such transfers of easements with all necessary changes to
being considered to have been made to give effect to the intent of this paragraph
5.4(3). Each transfer of land shall be in fee simple absolute, and free and clear of
all encumbrances and restrictions. It shall be prepared by the Owner in registerable
form and contain terms satisfactory to the Town's Solicitor. At the time of delivery
of each transfer of land or easement to the Town, the Owner shall pay to the Town
Page 20
in cash or by certified cheque an amount equal to any tax, fee or charges payable
at the time of or in respect of the registration of such transfer against title to the
lands to which it applies.
5.5 Approval of En2ineerin2 Drawin2s
Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of all necessary drawings of the Works (the
"Engineering Drawings"). If construction and installation of the Works has not commenced
within two (2) years from the date of approval of the Engineering Drawings, the
Engineering Drawings shall be resubmitted to the Director for his reconsideration and
approval after any revisions required by the Director have been made to them (the
"Reapproved Engineering Drawings"). From and after the approval by the Director of the
Reapproved Engineering Drawings, they shall be deemed to be the Engineering Drawings
for the purpose of this Agreement, and thereafter all Works shall be constructed and
installed in accordance with them.
5.6 Approval of Gradin~ and Draina~e Plan
Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of an appropriate Plan showing thereon the
existing drainage pattern on all lands adjacent to the Lands, and all proposed grading and
drainage Works for the said Lands, and 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 (the
"Grading and Drainage Plan"). The written approval of the Director of the Grading and
Drainage Plan shall be obtained prior to the commencement of construction or installation
of any of the Works on the Lands. If construction of such Works is not commenced within
two (2) years from the date of approval of the Grading and Drainage Plan, the Grading and
Drainage Plan shall be resubmitted to the Director for his reconsideration, and approval
by the Director after any revisions required by the Director have been made to it, (the
"Reapproved Grading and Drainage Plan"). From and after the approval by the Director
of the Reapproved Grading and Drainage Plan, it shall be deemed to be the Grading and
Drainage Plan for the purposes of this Agreement, and thereafter all Works shall be
constructed and installed in accordance with it.
5.7 Not Used
5.8 Approval of Schedule of Works
Prior to the issuance of any Authorization to Commence Work, the Owner shall
obtain the written approval of the Director of a draft schedule (the "Schedule of Works")
Page 21
which sets out the time at which, and the sequence in which, the Owner proposes to
construct and install each of the Works, Utilities and Services which are required to be
constructed and installed by it in accordance with this Agreement.
5.9 Approval of Works Cost Estimates
Prior to the issuance of any Authorization to Commence Works, the estimated cost
of construction and installation of the Works, (the "Works Cost Estimates"), shall be
approved by the Director and entered in Schedule "J" hereto.
5.10 Requirements for Authorization to Commence Works
(1) The Owner shall not commence the construction or installation of any of the Works
without the written permission of the Town, (the "Authorization to Commence
Works"). The Owner shall only commence the construction and installation of those
Works permitted by the Authorization to Commence Works. In addition to satisfying
of the other requirements of this Agreement in respect thereof, an Authorization to
Commence Works shall not be issued for any of the Works for which the
Authorization is sought until the following conditions have been satisfied:
(a) the Owner has delivered the transfers of easement to the Town in accordance
with paragraphs 2.4 and 2.6 of this Agreement;
(b) Not Used
( c) the Owner has delivered to the Town letters signed on behalf of the
Newcastle Hydro Electric Commission, and/or other authority or company
having jurisdiction with respect to the Utilities and Services that are referred
to in Schedule "H" that satisfactory Agreement(s) have been entered into by
the Owner with them for the design, construction, installation and services of
the Utilities and Services as is required by paragraph 5.2 of this Agreement;
(d) the Owner has retained an Engineer in compliance with paragraph 5.3 of this
"
Agreement and has confirmed the name and address of the Owner's Engineer
to the Director in writing;
(e) the Owner has been given the written approval of the Director of the
Engineering Drawings as required by paragraph 5.5 of this Agreement;
(f) the Owner has received the written approval of the Director of the Grading
and Drainage Plan required by paragraph 5.6 of this Agreement;
Page 22
(g) the Owner has received the written approval of the Director of the Schedule
of Works as required by paragraph 5.8 of this Agreement;
(h) the Owner has received the written approval of the Director to the Works
Cost Estimates as required by paragraph 5.9 of this Agreement;
(i) the Owner has deposited with the Town the Performance Guarantee required
by paragraph 3.6 and other provisions of this Agreement and has made all
cash payments to and deposited all letters of credit with the Town as required
by this Agreement;
(j) the Owner has deposited with the Town all policies of insurance or proof
thereof required by paragraph 3.9 and Schedule "K" of this Agreement;
(k) the Owner has paid all costs required to be paid to the Town by paragraph
3.14 of this Agreement on or prior to the date of issuance of the
Authorization to Commence Works; and
(1) the Owner has deposited with the Director written approval of all relevant
approving agencies including the Certificate(s) of Approval issued by the
Ministry of the Environment with respect to the watermain, sanitary and storm
sewers for which Authorization to Commence Works is sought, the written
approval of the Minister of Natural Resources, and the written approval of
the Central Lake Ontario Conservation Authority.
5.11 Not Used
5.U Inspection and StOD Work
The Owner shall ensure that every contract that may be made by the Owner with
any contractor to construct or install any of the Works shall provide that employees or
representatives of the Town may, at any time, inspect the work of such contractor and shall
require the contractor to comply with stop work orders given by the Director pursuant to
this paragraph 5.12. The Director, after consultation with the Owner's Engineer, may give
the Owner, if it does not retain a contractor, or if it does, the Owner's contractor, a written
order to stop any work that is being undertaken if, in the Director's opinion, either the work
is not being undertaken such that a completed construction and installation of the Works
satisfactory to the Town in accordance with this Agreement will result, or if the
Performance Guarantee required to be provided pursuant to this Agreement in respect of
the Works is not maintained in good standing. The Owner and the Owner's contractor shall
comply with the stop work order forthwith on it being given by the Director.
Page 23
5.13 Construction in Accordance with En2ineerin~ Drawin~s
(1) The Works shall be constructed and installed in accordance with the Engineering
Drawings as approved by the Director. No deviation from the Engineering Drawings
is permitted unless such deviation is authorized in writing by the Director before it
is undertaken. All construction and installation of the Works, shall be undertaken
and carried out by the Owner or by the Owner's contractor, as the case may be, in
accordance with the regulations for construction set out in Schedule "L".
(2) The Owner shall keep the Town road surfaces and ditches clean of dirt, mud and
refuse until all Works contemplated by this Agreement including the "Storm Sewer
Work" (as hereinafter defined) have been completed. After the expiry of twenty-
four (24) hours following the giving of written notice requiring the Owner to do so,
if the Owner has not performed its obligations under this paragraph 5.13(2), the
Town may do so and deduct the reasonable cost thereof from the Performance
Guarantee. The Owner shall restore the Performance Guarantee to the amount
otherwise required by this Agreement, forthwith after the Director gives the Owner
written notice of the amount of the deduction in question.
5.14 Sequence of Construction of Works
Following the issuance of an Authorization to Commence Works, the Owner shall
proceed in good faith to construct and install all of the Works referred to in the
Authorization to Commence Works continuously and in accordance with the timing and
sequence therefor set out in the Schedule of Works.
5.15 Completion Time for Construction of Works
Within two (2) years of the date of the issuance of an Authorization to Commence
Works, the Owner shall 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 which may be completed later if done so in accordance with the provisions of the
Schedule of Works.
5.16 Minor Additional Work
Until the conclusion of the Maintenance Guarantee Period referable thereto, if in
the opinion of the Director, any minor or incidental additional work is required to provide
for the adequate operation and functioning of any of the Works, the Owner, at its cost, shall
Page 24
construct and install such additional facilities and perform such additional work as the
Director may request from time to time by written notice given to the Owner.
5.17 Incomplete or Faulty Works and Liens
(1) H, in the opinion of the Director, the Owner is not constructing and installing or
causing to be constructed or installed any of the Works required by this Agreement
so that it will be completed within the time specified for such completion in the
Schedule of Works, or if the Works are_being improperly constructed or installed,
or if the Owner neglects or abandons the said Works or any part of them before
completion, or unreasonable delay occurs in the execution of the same, or for any
other reason the Works are not being constructed or installed properly and promptly
and in full compliance with the provisions of this Agreement, or the Owner neglects
or refuses to reconstruct or reinstall any of the Works which may be rejected by
the Director as defective, deficient or unsuitable, or the Owner in the opinion of the
Director otherwise defaults in performance of this Agreement, the Director may give
the Owner notice in writing of such default, neglect, act or omission. Following the
later to occur of the expiry of ten (10) business days, excluding Saturdays, after the
giving of such notice and the expiry of such additional period as may be specified in
the notice given to the Owner by the Director, the Town, at the cost and expense
of the Owner, may employ a contractor or such workmen and purchase such services,
supplies and/or services as in the opinion of the Director are required for the proper
completion of the Works in accordance with this Agreement. In cases of an
emergency, as determined by the Director in his discretion, any deficiency(s) or
defect(s) in the Works, or any failure to complete the Works in accordance with this
Agreement, may be corrected or remedied by the Town at the cost and expense of
the Owner without prior notice to the Owner, provided that forthwith after the Town
so acts, the Director shall give written notice to the Owner describing the emergency,
the action taken by the Director, and the cost of correcting the deficiency or default
in question. The cost of any work which the Town undertakes under this paragraph
5.17(1) shall be determined by the Director in his discretion and his decision shall
be final. It is understood and agreed by the Parties that the cost for which the
Owner is responsible under this paragraph 5.17(1) shall include a management fee
~ to the Town either of thirty (30%) percent of the 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 costs incurred by the Town to complete the
Works in question. The Owner shall reimburse the Town for the cost of all Works,
and the cost of correcting or remedying all deficiencies, defects and defaults pursuant
to this paragraph 5.17(1) which have been incurred by the Town forthwith after the
Director gives the Owner written demand for payment of such cost.
Page 25
(2) In the event that any construction liens are filed under the Construction Lien Act,
R.S.O. 1990 c. C.30 such filing(s) shall constitute a default in performance by the
Owner of this Agreement. In any such case, the Director may notify the Owner in
writing of such default. H the Owner fails to discharge the lien claim within ten (10)
business days, excluding Saturdays, after the giving of such notice, or within such
further period of time as may be specified in the notice, then the Town may pay the
full amount of the claim and costs into a Court of competent jurisdiction. The Town
is hereby authorized by the Owner to draw on and appropriate the whole or any
portion(s) of the Performance Guarantee to indemnify the Town against the costs
and expense so incurred by the Town. In the event that the Town draws on and
appropriates any portion of the Performance Guarantee to satisfy the claim of any
one (1) or more construction lien claimants and costs, forthwith after the Director
gives written notice to the Owner requiring it to do so, the Owner shall reinstate the
Performance Guarantee and/or the Security for the Maintenance Guarantee, as the
case may be, to the full amount(s) required under the provisions of this Agreement.
5.18 Entry for Emer~ency Repairs
In addition to the Town's other rights under this Agreement, the Owner
acknowledges and agrees that at any time and from time to time, employees or
representatives of the Town who are authorized by the Director, or contractors retained by
the Town may enter on the said Lands for the purpose of making emergency repairs to any
of the Works. Such entry and repairs shall not be deemed to be an acceptance of any of
the Works by the Town, nor an assumption by the Town of any responsibility or liability
in connection therewith, or a release by the Town of the Owner from any of its obligations
under this Agreement.
5.19 Dama~e to Existinl: Services
Forthwith after written demand therefor is given by the Director to the Owner, the
Owner shall pay to or to the direction of the Town, the cost of repairing any damage to any
property or services of the Town, the Region, or any utility authority or company (the
"Damaged Services") including without limiting the generality of the foregoing, any road(s),
water: electrical, gas, telephone, cable television and sewer systems, and the cost of
relocating any Damaged Services, caused by or resulting from the development of anyone
(1) or more portions of the Lands, or the construction or installation of any of the Works,
provided that all such repairs and or relocation(s) are completed to the satisfaction of the
Director, the Region and the relevant utility authority or company which owns or is
responsible for the Works, property or services in question. In addition, the Owner agrees
with the Town, at the Owner's cost, to relocate any of the Works constructed or installed
pursuant to this Agreement which are located in driveways or so close thereto as in the
opinion of the Director will interfere with the use of the driveway in question, forthwith
Page 26
after being given written notice by the Director requiring the Owner to undertake such
relocation.
5.20 Damal:e to Neii:hbourini: Wells
(1) Prior to the commencement of and during the period of construction or installation
of the Works, the Owner shall cause to be carried out, at its expense, the ground
water monitoring program which has been approved by the Director pursuant to this
paragraph 5.20(1), (the "Monitoring Program"). The Monitoring Program shall be
prepared in draft form by a qualified hydrogeologist (the "Hydrogeologist") who shall
be retained by the Owner, at the Owner's expense, after the Hydrogeologist is first
approved by the Director. The draft Monitoring Program shall be submitted to the
Director for his consideration and approval. After the Monitoring Program has been
approved, it shall be implemented by the Hydrogeologist. The Monitoring Program
shall describe the number and location of the piezometric observation wells which
are to be installed by the Owner, and the frequency, method of observation, method
of collection and recording of data and the timing, form and addressees of the report
of the Hydrogeologist's analyses and findings to the Town, as well as such other
matters as the Director considers to be appropriate. After the draft Monitoring
Program has been approved by the Director with or without such modification(s) as
he may consider appropriate, it is the "Monitoring Program" for the purposes of this
Agreement.
(2) For the duration of the Monitoring Program, the Owner, at its cost, shall cause the
Hydrogeologist to provide the Director with a copy of all reports prepared by him
in connection with or in implementation of the Monitoring Program forthwith after
they are prepared. For the duration of the Monitoring Program, the Owner also
shall cause the Hydrogeologist to make available to the Director, at no cost to the
Town, forthwith after a written request therefore is given to the Hydrogeologist by
the Director, a copy of all data collected and aU analyses made in connection with
or implementation of the Monitoring Program. Forthwith following the completion
of the Monitoring Program, the Owner shall cause the Hydrogeologist to provide to
the Director, at no cost to the Town, a copy of aU data collected and all analyses and
reports made by the Hydrogeologist in connection with or in implementation of the
Monitoring Program which previously have not been provided to the Director
pursuant to this paragraph 5.20(2), together with a certificate of the Hydrogeologist,
in a form satisfactory to the Town Solicitor that all the data, analyses and reports
required to be provided to the Director by this paragraph 5.20(2), have been
provided to him. In addition to the foregoing, the Owner shall cause the
Hydrogeologist to prepare separate reports, to the satisfaction of the Director for
each and every occurrence of apparent well interference caused by construction
activity within the Lands and reported to the Town, and to deliver the same to the
Page 27
Director, at no cost to the Town, forthwith after each of them is completed.
(3) H after considering a report thereon from the Director in this regard, Town Council
determines that the well or private water supply of any person(s) outside the Lands
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 of short term
duration (i.e. during the course of dewatering and excavation and within one
(1) month of the completion of dewatering), in the opinion of the Town
Council, the Owner shall make available to the affected party(s), a temporary
supply of water at no cost to the affected party(s); or
(b) where in the opinion of the Town Council the interference to a well or private
water supply is of a long term duration, at the option of the Owner and at its
cost, the Owner shall connect the affected Party's property to the Town water
supply system or provide a new well or private water system for such affected
party(s) so that water supplied to the affected party's property shall be of a
quality and quantity at least equal to the quality and quantity of water enjoyed
by the affected party(s) prior to the interference, as may be required by the
Town Council by written notice given to the Owner.
(4) If the Director gives written notice to the Owner that he has reason to believe that
the well or private water supply of any person(s) outside the Lands is interfered with
or dewatered as a result of the construction or installation of the Works, forthwith
after such notice is given, the Owner shall cause the quantity of potable water
considered to be appropriate by the Director to be supplied to the affected person(s)
free of charge either until such time as the Town Council, after considering a report
thereon from the Director, decides that the well or private water supply in question
has not been interfered with or dewatered as a result of the construction or
installation of the Works, or until such time as the Owner performs his obligation
under paragraph 5.20(3), as the case may be.
5.21 Use of Works by Town
The Owner acknowledges and agrees that any of the Works may be used by the
Town and such other person(s) who is (are) authorized by the Town for any of the purposes
for which the Works are designed, without interference by the Owner, and without the
payment of any fee or compensation to the Owner, and for such purposes the Town and
other person(s) authorized by the Town may enter upon the portiones) of the Lands on
which the Works are located.
Page 28
5.22 Maintenance of Roads after Completion
(1) In addition to any other requirement of this Agreement that the Owner maintain the
Works the Owner, at the Owner's cost, shall maintain each road(s), which is required
to be constructed, until a Certificate of Acceptance has been issued for such road(s),
and without limiting the generality of the foregoing, the Owner shall:
(a) maintain the road(s) at all times in a well drained, dust and mud free
condition, suitable for ordinary vehicular traffic, to the approval of the
Director;
(b) during the course of construction and installation of the Works, Utilities and
Services pursuant to this Agreement, provide and maintain safe and adequate
access to all occupied buildings; and
(c) erect a sign to indicate that the road(s) are "unassumed road(s)" which the
Town is not required by law to repair and maintain, to the satisfaction of the
Director.
(2) The Town agrees to snowplough and sand all paved road(s) on the Lands for and
on behalf of the Owner until the Certificate of Acceptance of such road(s) has been
issued, provided that until the road(s) are assumed by the Town, the Owner shall pay
to the Town one hundred (100%) percent of the costs of snowploughing and sanding
such road(s), as determined by the Director, from time to time, and forthwith after
being given written notice of such costs by the Director.
(3) The Owner acknowledges and agrees that the undertaking or provision of repairs or
maintenance by the Town under paragraphs 5.18, 5.19 or 5.22(2) in respect of
road(s), is not intended nor shall it in any way constitute or be taken to constitute
the approval or assumption by the Town of the road(s) in question. The road(s)
shall not be deemed to have been assumed until both a Certificate of Acceptance
has been issued, and a By-law has been passed by Town Council dedicating the
road(s) as public highway(s) and assuming it for the purpose of liability to repair and
" maintain it as provided by the Municipal Act, and such By-law has been registered
in the proper Land Registry Office.
5.23 Requirements for Certificate of Completion
The Owner acknowledges and 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 certificate that such is the case (the "Certificate of Completion"). In addition
Page 29
to satisfying the other requirements of this Agreement respecting its issuance, a Certificate
of Completion shall not be issued until:
(a) 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 Engineering Drawings; and
(b) the Town is satisfied in respect of the construction and installation of all of
the Works authorized by such Authorization to Commence Works, that there
are no outstanding construction lien claims for payment by contractors,
subcontractors, suppliers of services or materials or workmen relating to the
construction and installation of such Works.
5.24 Requirements for Certificate of Acceptance
The Owner acknowledges and agrees that none of the Works covered by a
Certificate of Completion shall be accepted, nor deemed to be accepted, for the purpose
of this Agreement, until the Director has provided the Owner with written certificate that
they have been accepted by the Town, ("the Certificate of Acceptance"). In addition to
satisfying the other requirements of this Agreement respecting its issuance, a Certificate of
Acceptance shall not be issued until all of the Works that are proposed to be covered by
such Certificate of Acceptance 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 relevant period set out in paragraph 3.10(3) of this
Agreement, all deficiencies and defects in the Works have been corrected by the Owner,
and the Works should be accepted by the Town.
5.25 Ownership of Works by Town
For greater certainty, the Owner acknowledges and agrees that the Town is the
Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall have
no right or claim thereto, other than as an owner of land abutting a highway in which such
WorkS are installed.
5.26 Requirements for Certificate of Release
Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this
paragraph 5.26, and the Works located thereon have been constructed, installed and
accepted by the issuance of a Certificate of Acceptance, the Town shall provide the Owner
with a written release (the "Certificate of Release") respecting the Works. The Certificate
of Release shall be in a form suitable for registration or deposit in the proper Land
. ,
Page 30
Registry Office. In addition to the Owner satisfying the other requirements of this
Agreement respecting the issuance of a Certificate of Relea.;e, the Certificate of Release
shall not be issued until:
(a) a Certificate(s) of Acceptance has been issued for all the Works;
(b) a registered Ontario Land Surveyor, acceptable to the Director and retained
by the Owner at the Owner's expense has provided the Town with written
confirmation that at a date not earlier than the end of the longest of the
mamtenance periods set out in paragraph 3.10(3) he has found, placed or
feplaced aU standard iron bars shown on plans of survey of record deposited
in the Land Registry Office as Plans 40R-13850 and 40R-14116 and has found,
placed or replaced all survey monuments at all block corners, the end of all
curves, other than corner roundings, and all points of change in direction or
road(s) on such plan; and
(c) Town Council has by resolution, acknowledged that the Owner has satisfied
all of the provisions of this Agreement.
From the date of its issuance, a Certificate of Release shall operate as a discharge
of the Owner in respect of the Lands or the portion thereof which are described therein of
the obligations of the Owner Wlder this Agreement with the exception of (1) the Owner's
obligation respecting drainage as provided in this Agreement; and (2) the Owner's covenant
to comply with the requirements of this Agreement in respect of applications for building
. permits for dwellings on the Lands.
5.27 Not Vst:<J
5.28 Not Used
5.29 Cost or Works Referred to in Schedule "G"
The Owner acknowledges and agrees that it will pay the total cost of the Works
referred to in Schedule "G" hereto. The Owner will not seek any credit or rebate for or
of any part of the total cost of the Works by reason of any of them being oversized to
accommodate drainage or traffic from lands outside the limits of the Lands, whether from
or in respect of a development charge imposed by a Development Charge By-law which
Town Council may pass pursuant to the Development Charges Act, R.S.O. 1990 c. D.9 or
in any other manner, Of for any other reason.
Page 31
ARTICLE 6 - COMPLIANCE WITH REGULATIONS
In exercising its rights and in performing its covenants under tbis Agreement, the
Owner shall comply with all Provincial regulations of general applications and all by-laws
of the Town and the Region.
ARTICLE 7 - RESPONSIBILI1Y OF SUBSEQUENT OWNERS
After the issuance of the Certificate of Release, the Owner, its successors and assigns
as the owner of the Lands or of anyone (1) or more portions thereof shall have the sole
responsibility for the following which shall be performed or undertaken at its cost:
(a) it shall be responsible for providing and maintaining adequate drainage of
surface waters from the Lands in accordance with the approved Lot Grading
and Drainage Plans referred to in paragraph 5.6 herein;
(b) it shall be responsible for compliance with the terms of paragraph 4.6
"Requirements for Building Permits" of this Agreement if, at the date of
issuance of the Certificate for Release, a building permit has not been issued
for the Lands in question; and
( c) it shall be responsible for the maintenance of fencing required in Schedule
"G" of this Agreement.
ARTICLE 8 - TIME OF ESSENCE
Time is of the essence of this Agreement.
Page 32
ARTICLE 9 - AUTHORI1Y TO MAKE AGREEMENT
The Owner acknowledge and agree that the Town has authority to enter into this
Agreement, that every provision hereof is authorized by law and is fully enforceable by the
Parties, and that this Agreement is made by the Town in reliance on the acknowledgement
and agreement of the Parties other than the Town as aforesaid.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals
the day and year first above written and the corporate Parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND
DELIVERED
In the presence of:
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN
OF NEWCASTLE
VELTRI AND SONS CORPORATION
()t/~<~( k.
Name: flltc" ~ v ~ ("",;TItle:
~tle:
Name:
r4/~
MARIO VELfJ(~ %4
3)
SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-l~w No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed on the 21st day of April, 1992.
LEGAL DESCRIPTION OF LANDS
All and Singular that certain parcel of land and premises situated, lying and
being in the Town of Newcastle, in the Regional Municipality of Durham being comprised
of part of Lots 23 and 24, Block A, e.G. Hannings Plan designated as Parts 4 to 12 on plan
of survey of record deposited in the Land Registry Office for the Land Registry Division
of Whitby (No. 40) (the "Land Registry Office") as Plan 40R-13850 an@ Parts 1, 2, 3 and
4 on Plan 40R-14116 also deposited in the Land Registry Office.
BeiNG pftfLl Or VA-RctL P&frfJ I, SefYlO/V 40(17-/09/
eO JJG, PfllLl' or fjJfJ< I 8 p( afl Lf{;Y!/ - I (p 9 /, dc o/JlNkcI
~S . Prrll'f- {own ei NQwcasl{.e K~ioncJ mvm(';~f;1j
or {0v Rt-JFrrn "
3L1
SCHEDULE "c"
THIS SCHEDULE IS SCHEDULE "c" to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed on the 21st day of April, 1992.
CHARGES AGAINST LANDS
(1) Municipal Taxes
(2) Local Improvement Charges
(3) Drainage Charges
Nil
Nil
Nil
3S
. ,
SCHEDULE "E"
THIS SCHEDULE IS SCHEDULE "EM to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed the 21st day of April, 1992.
TRANSFERS OF EASEMENTS
(1) On the execution of this Agreement, the Owner shall deliver to the Town a
transfer of easements as follows:
(a) Temporary Turn Around
Parts 1 and 2 on Plan
40R-14228
(2) The Director shall determine the duration and terms of any such easements.
The transfers shall be prepared by the Owner at its cost, shall be free and clear of
all encumbrances and restrictions, shall contain other provisions satisfactory to the
Town's Solicitor, shall be made for a nominal consideration, and shall be in
registrable form. Prior to the registration of the transfers of such easements against
the title to the relevant lands, the Owner agrees with the Town that it will not
require the issuance of building permits for the construction of building or structures
on the Lands.
'!:;~
SCHEDULE "F'
THIS SCHEDULE IS SCHEDULE "F' to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed the 21st day of April, 1992.
LANDS TO BE TRANSFERRED TO TOWN AND/OR CASH
TO BE PAID IN LIEU THEREOF
Dedication of Lands
The Owner shall deliver to the Town in a form satisfactory to the Town, transfers
in fee simple absolute of the following lands:
(a) Part 3 on Reference
Plan 40R-14228
(b) Part 8 on Reference
Plan 40R-13850
(c) Part 3 on Reference
Plan 40R-14116
0.3 m Reserve
Road
Road
31
SCHEDULE "G"
THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed on the 21st day of April, 1992.
WORKS REOUIRED
1. STORM SEWER SYSTEM
The Owner shall construct, install and supervise the construction and installation of
and maintain a storm drainage system, satisfactory to the Town, for the removal and
disposal of upstream storm water and storm water originating within the 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's Design Criteria and Standard Drawings, (the "Storm Sewer Work").
The Owner agrees to produce Engineering Drawings for storm drainage system, to
the satisfaction of the Director.
The Owner agrees to obtain any easements required by the Director which are
external to said Lands, at no expense to the Town for the disposal of storm water from the
Lands and transfer the same to the Town in accordance with paragraphs 2.3 and 2.5 of
this Agreement.
2. ROADS
The Owner shall construct and install the following roads and services on the streets
shown on the Engineering Drawings at its cost as follows:
(a) Pavement widths to be applied to the following streets: - as shown on the
Engineering Drawings.
(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 in accordance
with the Town's Design Criteria and Standard Drawings.
(c) The Owner shall construct curbs and gutters on both sides of all streets, in
accordance with the Town's Design Criteria and Standard Drawings.
(d) The Owner shall construct, install and maintain complete sidewalks in accordance
with the Town's Design Criteria and Standard Drawings, as shown on the
Engineering Drawings.
3g
(e) The Owner agrees to grade and pave all driveways between the curbs and sidewalks,
in accordance with the Town's Design Criteria and Standard Drawings. The Owner
also agrees to grade and pave all driveways between the curbs and sidewalks, where
sidewalks are installed, and in all other cases, to grade and gravel the driveway
between the curbs and the lots lines.
(f) The Owner agrees to construct, install, energize and maintain street lighting, in
accordance with the Town's specifications, on all streets and walkways and this
Agreement, to the satisfaction of the Director of Public Works.
(g) The Owner agrees to install topsoil and sod the boulevards between the curbs and
the property line, in accordance with the Town's Design Criteria and Standard
Drawings and the approved Landscaping Plan, to the satisfaction of the Director of
Public Works.
(h) The Owner agrees to supply and install 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.
3. 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.
4. GRADING AND DRAINAGE PLAN
The Owner shall rough grade the Lands in accordance with the Grading and
Drainage Plan, to the satisfaction of the Director forthwith following the Director giving the
Owner written notice requiring it to do so.
5. "LANDSCAPING
(a) The Owner shall complete and install all landscaping requirements for the roads
provided for in this Agreement and the installation of fencing in accordance with the
approved Landscaping Plan referred to in paragraph 4.2 and Schedule "U" of this
Agreement.
(b) The Owner shall provide, plant and maintain, under the supervision of a qualified
nurseryman or horticulturist the tree and shrub planting requirements provided for
in this Agreement in accordance with the Landscaping Plan.
6. TURN AROUND
The Owner shall transfer to the Town land for the Turn Around. In accordance with
the written direction given to the Owner by the Director, the Owner shall construct and
maintain such Turn Around as a temporary turn around to the satisfaction of the Director.
'3~
40
SCHEDULE "H"
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed the 21st day of April, 1992.
UTILITIES AND SERVICES REOUIRED
1. ELECI'RICAL 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
Company 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 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 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 by the Director.
4/
5. CABLE TELEVISION
The Owner shall arrange with the Cable Television Company having authority
to provide its services within the area of the Lands 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.
"
~(f
SCHEDULE "I"
THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed on the 21st day of April, 1992.
DUTIES OF OWNER'S ENGINEER
1. DESIGN WORKS AND PRIVATE WORKS
In addition to the other requirements of this Agreement, the Owner's
Engineer shall prepare drafts of the following for the consideration and approval of
the Director:
(a) the Engineering Drawings;
(b) the Grading and Drainage Plan;
(c) the Landscaping Plan;
(d) the Schedule of Work;
(e) the Staging Plan;
(f) the Works Cost Estimate; and
(g) the Stage Cost Estimate.
The approval of the Director shall not absolve or release the Owner or the
Owner's Engineer of the responsibility and liability for any errors or omissions in the
above drawings, plans, or documents or from liability for any damage or loss caused
or resulting directly or indirectly by the Owner's Engineer.
2. REPRESENT OWNER AND OBTAIN APPROVALS
The Owner's Engineer is hereby authorized by the Owner and 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 inspection 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, res taking;
43
(b) inspect the construction and installation to ensure that all work is being
performed in accordance with the contract documents;
(c) arrange for or carry out all necessary field testing of materials and
equipment installed or proposed to be installed at the request of the
Director;
(d) provide co-ordination and scheduling of the construction and
installation in accordance with the timing provision contained herein
and the requirements of the Director;
(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 and make them available for examination by the Director as required
by the Director.
5. PROVIDE PROGRESS REPORTS
The Owner's Engineer shall provide the Director with reports on the progress
of the construction and installation on a monthly basis, or at such other interval as
approved by the Director.
6. PREPARE AS-CONSTRUCTED DRAWINGS
The Owner's Engineer shall prepare and submit as-constructed drawings
" required by the Director for the approval of the Director.
" .
Lf'1
SCHEDULE ".1"
THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been
authorized and approved By-law No. 92-121 of the Corporation of the Town of Newcastle,
enacted and passed on the 21st day of April, 1992.
WORKS COST ESTIMATES
1. STORM SEWERS $ 13,462.76
2. ROADS - YEAR 1 $ 24,747.35
3. ROADS - YEAR 2 $ 8,859.46
4. STREET TREES $ 2,700.00
5. STREETLIGHTING $ 2,000.00
6. SILTATION CONTROL $ 1,000.00
7. GRADING (R.O.W. & FUTURE LOTS) $ 2.400.00
SUB-TOTAL $ 55,169.57
5% CONTINGENCIES $ 2.758.48
SUB-TOTAL $ 57,928.05
10% ENGINEERING $ 5.792.80
TOTAL ESTIMATED COST OF SERVICES: $ 63,720.85
TOTAL VALUE FOR PERFORMANCE GUARANTEE: $ 63.720.85
The Performance Guarantee for the Works shall be based on the preliminary
Estimates which are provided to the Director by the Owner's Engineer and approved by the
Director. When the Engineering Drawings and the Landscaping Plan have been approved
by the appropriate Director as is required by this Agreement, a revised Cost Estimate for
the construction and installation of Works shall be prepared by the Owner's Engineer and
submitted to the Director for approval. The revised Cost Estimate shall be had regard to
by the Director in requiring an adjustment in the Performance Guarantee, in the event of
any increase or decrease in the Works Cost Estimates.
'1S
. ,
SCHEDULE "K"
THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed the 21st day of April, 1992.
INSURANCE REQUIRED
1. TYPES OF COVERAGE REOUIRED
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 Town's Treasurer and licensed in Ontario to underwrite such
insurance. Such policy or policies of insurance shall indemnify the Town against all
damage or claims for damage for:
(a) any loss or damage that shall or may happen to any of the Works or any of
the Utilities or to any part or parts thereof respectively;
(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;
(c) any injury to any person or persons including workmen employed on the said
Lands and the public;
(d) any loss or damage that shall or may result from the storage, use or handling
of explosives;
(e) any loss or damage that shall or may result from the drainage of surface
waters on or from the said Lands;
(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.
4~
2. AMOUNTS OF COVERAGE REOUIRED
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 for five
million ($5,000,000.00) dollars for all damage arising out of one (1) accident or
occurrence or series of accidents or occurrences.
The issuance of such policy or policies of insurance or the acceptance of it
or them by the Town shall not be construed to relieve the Owner from responsibility
for other or larger claims for which it may be held responsible.
3. EXEMPTION OF COVERAGE PROHIBITED
The policy or policies of insurance shall contain no coverage exemptions or
limitations for:
(a) any shoring, underpinning, raising or demolition of any building or structure;
(b) any pile driving or caisson work;
(c) any collapse or subsidence of any building, structure or land from any cause;
or
(d) any storage, handling or use of explosives.
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L{7
SCHEDULE "L"
THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed on the 21st day of April, 1992.
REGULATIONS FOR CONSTRUcrJON
1. REOUlREMENTS FOR BLASTING
The Owner shall, prior to commencing any blasting, obtain from the Director
permission to carry out the blasting operation.
2. REMOVAL OF TOPSOIL
The Owner shall not remove any topsoil from the said Lands except for
construction purposes and such topsoil must remain within the limits of the said
Lands.
3. DUMPING OF FILL OR DEBRIS
The Owner shall not dump, or permit to be dumped, any fill or debris on the
said Lands, or to remove or permit to be removed any fill from any land to be
transferred to the Town, other than the roads within the limits of the said Lands,
without the written consent of the Director.
4. DISPOSAL OF CONSTRUCfION GARBAGE
The Owner shall remove and dispose of all construction garbage and debris
from the said Lands in an orderly and sanitary fashion in a dump site off the said
Lands and approved by the Director. The Town shall not be responsible for the
removal or disposal of garbage and debris. The Owner shall deliver a copy of this
clause to each and every builder obtaining a building permit for any part of the
said Lands and to ensure that no burning of construction garbage or debris is
" permitted on the said Lands.
5. OUALITATIVE AND OUANTITATIVE TESTS
The Owner agrees that the Town may have qualitative or quantitative tests
made of any materials or equipment installed or proposed to be installed on the
direction of the Director. The costs of such tests shall be paid by the Owner.
L-fg
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6. MAINTENANCE. CWSING AND USE OF EXTERNAL ROADS
During this Agreement the Owner at all times 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, are 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 said Lands during the
course of construction. H 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 shall not use or occupy any
untravelled portion of any public road allowance without the prior written approval
of the Town or authority having jurisdiction over such public road allowance.
7. MAINTENANCE OF INTERNAL ROADS
Prior to the placement of the base course of asphalt on any road required
to be constructed under this Agreement, the Owner shall 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.
Prior to the placement of the surface of asphalt on any road required to be
constructed under this Agreement, the Owner shall clean the base course of asphalt
and repair and replace such base course where necessary.
Until the roads on the Lands are assumed by the Town, the Owner shall
maintain all internal roads in a condition acceptable to the Director, and shall ensure
that such roads are free of dust and mud at all times to the satisfaction of the
Director.
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.
',"
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SCHEDULE "R"
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been
authorized and approved by By-law No. 92-121 of the Corporation of the Town of
Newcastle, enacted and passed on the 21st day of April, 1992.
ENGINEERING AND INSPECI10N FEES
Estimated Costs of Works
Em
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 $2,000,000.00
$30,000.00 or 2.50% 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 calculating the Engineering and Inspection Fees as
contemplated by this Schedule, the estimated costs of Works shall include the Cost
Estimates as specified in Schedule "J" hereto, and shall include the estimated cost of Region
services. The payment of the Engineering and Inspection fees to the Town are subject to
the Goods and Services Tax, and therefore an additional seven (7%) percent must be added
to the fees calculated using this Schedule and paid by the Owner to the Town.
The aforesaid amount is to be paid prior to issuance of the Authorization to
Commence Works for each stage shown on the Staging Plan.