HomeMy WebLinkAbout92-196
ON: 89115,BYL
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 92-196
being a By-law to authorize the entering into of an Agreement with the Owner of Plan
of Subdivision 18T-89115 and the Corporation of the Town of Newcastle in respect of
Plan 18T-89115,
The Council of the Corporation of the Town of Newcastle enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the
Corporation of the Town of Newcastle, and seal with the Corporation's seal, an
Agreement between the Owner of Plan, of Subdivision 18T89115 and the said
Corporation in respect of Plan of Subdivision 18T-89115;
2. . THAT the Mayor and Clerk are hereby authorized to Accept, on behalf of the
Town, any conveyances of lands required pursuant to the aforesaid Agreement.
BY-LAW read a first time this 14th day of September , 1992.
BY-LAW read a second time this 14th day of September , 1992.
BY-LAW read a third time and finally passed this 14th day of September, 1992,
/LrA-/tf ~~A~j
. MAYOR
~_ 'n./~
"'7' DEPUTY
CLERK
290572 ONTARIO LIMITED
SUBDIVISION AGREEMENT WITH
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DRAFT PLAN NO. 18T-89115
Parcel I-I, Section Block 7(35/3) Darlington, being Parcell, in Block 7
(being Part of Lot 35, Concession 3, Geographic Township of Darlington)
Municipality of Clarington in the Regional Municipality of Durham,
designated as Part Ion Reference Plan 40R-14694 now Lots 1 to 37, Blocks
38 to 53, Sheco Court, Wabbokish Court and Lightheart Drive, Plan 40M-
1742.
INDEX
1. Subdivision Agreement registered as Instrument No. LT656314 on October 8, 1993;
2, Certificate of Solicitor dated July 16th, 1993;
3. Application by Municipality or Inhibiting Order registered as Instrument No.
LT656315 on October 8, 1993;
TRANSFERS REQUIRED PURSUANT TO SUBDIVISION AGREEMENT
Transfers of Easements
Intraplan Easements
4, Transfer of Easement Rear Yard Catch Basin and Storm Sewer (Part of Lots 11 and
12) registered as Instrument No,LT656318 on October 8, 1993 and Certificate of
Solicitor;
5, Transfer of Easement Storm Sewer Route (Part of Lots 25 and 26) registered as
Instrument No,LT656319 on October 8, 1993 and Certificate of Solicitor;
6, Transfer of Easement Temporary Turning Circle (Blocks 43 and 44) registered as
Instrument No.LT656320 on October 8, 1993 and Certificate of Solicitor; and
Transfers of Fee Simple
Intraplan Transfers
7, Transfer of:
(i) 0.3 metre Reserves (Blocks 47 to 53);
(ii) Storm Water Management Facility Access (Block 45); and
(iii) Valley Lands (Block 46);
registered as Instrument No.LT656323 on October 8, 1993 and Certificate of
Solicitor.
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Executions
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(8) This Document provides as follows:
DYE & DURHAM co, LIMITED
Form No. 985
Document General
o
Form 4 - Land Registration Reform Act
Amended NOV. 1992
(1) Registry 0
(3) Property
Identifier( s)
Land TltlesA (2) Page 1 of 10d- pages
Block Property
Additional:
See 0
Schedule
(4) Nature of Document
Notice of Subdivision Agreement (Section 71 of the Act)
(5) Consideration
Dollars $
(6) Description
Parcel 1-1, Section Block 7(35/3) Darlington, being Parcell
in Block 7 (being Part of Lot 35, Concession 3, Geographic
Township of Darlington) Municipality of Clarington in the
Regional Municipality of Durham, designated as Part 1 on
Reference Plan 40R-14694,
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(7) This
Document
Contains:
Additional
Parties 0 Other 0
i (b) Schedule for:
o i Description 0
(a) Redescription
New Easement
Plan/Sketch
THE CORPORA nON OF THE MUNICIPALITY OF CLARINGTON has an unregistered estate, right,
interest or equity in the land registered in the name of 290572 Ontario Limited as Parcel 1-1, in Section
Block 7(35/3) Darlington and hereby applies under Section 71 of the Land Titles Act for entry of a Notice
Subdivision Agreement in the Register for the said Parcel.
(9) This Document relates to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
Continued on Schedule 0
Signature(s)
Date of Signature
Y M 0
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,. .THE.CORPORATION.OF mE MUNICIPALITY.. . . . ................... .--:-:....... i .1993.
OF CLARINGTON by its solicitors i
., . SHIBLEY RIGHTON.per Nicholas T,.Mcrcos.'.. Ni'Cholas T,.MacoS"................ .j.....
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(11) Address
for Service
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Street Bowmanville Ontario L1C 3A6
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(12) Party(les) (Set out Status or Interest)
Name(s)
(13) Address
for Service
(14) Municipal Address of Property
not assigned
Signature(s)
Date of Signature
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(15) Document Prepared by:
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Shibley Righton
Barristers & Solicitors
Suite 1800, 401 Bay Street
Toronto, Ontario M5H 2Z1
Attention: Nicholas T, Macos
Total
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THIS AGREEMENT made in quintuplicate as of this 14th day of September, 1992,
BE1WEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
- and -
290572 ONTARIO LIMITED
SUBDIVISION AGREEMENT
3
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TABLE OF CONTENTS
ARTICLE
1.1
1.2
1 - INTERPRETATION AND SCHEDULES , , , , , , , , , . , , , , , , . , , ,. 3
Definitions ,......,',...""",..""""..."...."".. 3
Schedules ,..",.""",.,."...,.""""",." ,', , , , , " 9
ARTICLE 2 - GENERAL "',.""..""".,...",.,.",."..""", 10
2,1 Recitals in Operative Part of Agreement "".,."""".",." 10
2,2 Certification of Ownership . . , , , . , , . . , . , . , . , , . . , , , , , , . , , , , .. 10
2,3 Copy of Plan and Agreements Required ,."""".""""." 10
2.4 Transfer of Easements , , , , . , , , , . , , , , , , , , , , , , . . , , , , , . , , , , ,. 11
2,5, Transfer of Lands ',..,',."".",..",.."..,.",.""" 12
2,6 Registration of Transfers , . , , , , , . . , , , , , , . , , . , , . , . , , , , , , , .. 12
2,7 Not Used .,"',.".,"',..",.,."...""",."".,." 12
2,8 Charge on Lands , , , , . , , , , , , , , , , , , , . , , , , , . , , , , , , , . , . , , , " 12
2,9 Registration of Agreement , , , , , , , , , , , , , , , , , , . , , . . , . , , , . , , " 12
2,10 Renegotiation and Amendment of Agreement """""."",., 13
2,11 Town to Act Promptly, , , , , , . . , , . , , , , , , , . . , , . , , , , , . , , , , . .. 14
2.12 Assignment of Agreement """"",."",.,...",."",., 14
2,13 Replacement of Draft Plan with Final Plan(s) "."",..,."",. 15
2.14 Notification of Owner ..".,"'""",.,.""",.."".." 15
2,15 Successors,.."""..,.""."""""",.",."",.,., 15
ARTICLE 3. FINANCIAL "',..,',.".",.".".",."."",.."", 16
3,1 Payment of Taxes """',.,'""".""",.""..""", 16
3,2 Payment of Local Improvement Charges ",..,.".,...""".. 16
3.3 Payment of Drainage Charges ..,'""""."""""",.." 16
3.4 Payment of Development Charges ,., , , , , . . , . , , , , . , . , , , , , , , ., 16
3.5 Cash in Lieu of Land Dedication , . , . , , , . , , , , . , . . , , , . , , , , . . ., 17
3,6 Performance Guarantee Required """"""",..."""", 17
3.7 Use of Performance Guarantee, , , , , , . , , . , . , . , , , . , , , , , , . , , ., 18
3,8 Indemnification of Town ,."..".".,."".,.. ~ , , , . . , , , . .. 18
3,9 Insurance. , , , , , , , , , , , , , , . , , . , , , , , , , , , . , , , , , , , . . . . , . . ,. 19
3,10 Maintenance Guarantee Required , , , , , , . , , , . , . . , , , , . , , . , . , ., 19
3.11 Use of Maintenance Guarantee, . , , , , , , . , , , , . . , . , , , , . , , , . . " 20
3,12 Reduction and Release of Performance Guarantee ,."""",." 20
3,13 Reduction and Release of Maintenance Guarantee .."".""". 21
3,14 Payment of Town's Costs. . , , , , , , , , , , . , . , , . , , . . , . , . , , , , , , ., 22
3,15 Unpaid Monies ',.,",.,""..,...".,."".""".. , , " 22
3,16 Occupancy Permit Deposit, , , , , , . , , , , , , , , , , , , , , , , , . , , , , , , " 23
'I
ii
ARTICLE 4. P:LANNING , , , , , , , . . , . . . , . . , , , , , , , , . , . . . . , , , , . , , , , , . " 24
4,1 Tree Preservation Plan ""....,.",..,.,...".,."".",., 24
4,2 Landscaping Plan and Landscaping Requirements "."""""" 25
4,3 Use of Lands, , , , , . , . , ,.. , , . , , , , , , , , , , , , , . , , , , , , . . , , , , , ., 26
4.4 Lands Unsuitable for Building . . . , , , , . . , , , , . , , , . , , , , , , . . , , " 27
4.5 Lands Requiring Site Plan . . . , , , , , , , , . . , , , , , , . , , , , . . . . , , , ., 27
4.6 Requirements for Building Permits ,.",.".".."""""". 27
4,7 Model Homes . . , . , . . . , . , , , , , , , . . , , . , . , , , , , , . . , . , . , , , , " 30
4,8 Architectural Control Standards , , , , , , , , , , , , , , , , , , , , , , . , , , , " 31
4,9 Requirements for Sale of Lands , , , , , , , , , , , , . , , , , , , . . . . , , . , " 31
4,10 Requirements for Occupancy Permit "",."..,.".""",." 32
4,11 Cash in lieu of Lands for Park or Other Public Recreational
Purposes .,.. , , , , . , . , . , . , , , , , , , , , , , , , , , , , , , , , , . , , , , , , ., 34
4,12 Special Conditions , , , , , , , . , , , , , , , , , , , , . , . , , , , , . , , , , , , . , " 34
ARTICLE 5. PUBLIC WORKS,."""""""",."""",."."", 35
5.1 Town Works Required ,.""""""""."",.."""." 35
5,2 Utilities and Services Required .,.,.,."".",."."..,.",. 36
5,3 Owner's Engineer .,"',.,',."".""",..""""""., 36
5,4 Design of Works "',.,'""",.""""""""""."" 37
5,5 Engineering Drawings ',.,','"""""",."",.".""" 38
5,6 Approval of Grading and Drainage Plan .""""""",."", 39
5,7 Staging of Construction """"'",.",.""""",.""., 39
5,8 Approval of Schedule of Works, , , , , , , , , , , . , , , , , , , , , . . . . , , " 40
5,9 Approval of Works Cost Estimates and Stage Cost Estimates, , , , , ,. 40
5,10 Requirements for Authorization to Commence Works """.,.", 40
5,11 Requirements for Commencement of Subsequent Stages of Works, " 44
5,12 Inspection and Stop Work, , , , . . , , . . , . , , . , , , , , . , , . . . , . , , . ., 44
5,13 Construction in Accordance with Engineering Drawings, . , , , , , , . " 44
5.14 Sequence of Construction of Works, . , , , , , . , , , , , . , , , , , . , , , , " 45
5,15 Completion Time for Construction of Works ,."..".".,....., 45
5,16 Additional Work '. . . , , , . , , . , , , , , , , . . . , , , , , . . , . . , . . , . . . , ., 45
5,17 Incomplete or Faulty Works and Liens """"",."""."" 45
5,18 Acknowledgement Respecting Emergency etc. Repairs. , . . , . . , . . .. 47
5,19 Damage to Existing Services ....,.",.".,."..,..,.,..",. 48
5,20 Damage to Neighbouring Wells (Rural Applications Only) "",.., 48
5,21 Use of Works by Town """',."""".,.""""""", 50
5.22 Maintenance of Roads after Completion ",.""""",.""" 50
5,23 Requirements for Certificate of Completion. , , . . . , . , . . . . . . , , . ., 51
5.24 Requirements for Certificate of Acceptance , , , , . . . , , , . , , , , , , . " 52
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5.25 Ownership of Works by Town. . , , , , , . , , , , , , , , , , . , , , , , , , , , " 52
5,26 Requirements for Certificate of Release ",..,.."".,."",.: 52
5,27 Not Used . , , , , , , , , , , , , , . . , , , . , . , , . , , , , , . . . . , , . , , , , , , , ,. 53
5,28 Cost of Works Referred to in Schedule "G" ".""..,.,.,."", 53
ARTICLE 6 . COMPLIANCE WITH REGULATIONS ...""."".""" 53
ARTICLE 7 . RESPONSIBILI1Y OF SUBSEQUENT OWNERS . , , , , . . . , ,. 54
ARTICLE 8 - TIME OF ESSENCE """."""",.."""",."", 54
ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT "",."."""", 54
SCHEDULES TO AGREEMENT
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F"
"Legal Description of the Lands"
"Plan of Subdivision (reduction)"
"Charges Against the Lands"
"Schedule of Payment of Development Charges"
"Transfer 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"
"Use of the Lands"
"Land Unsuitable for Building"
"Land Requiring Site Plan Approval"
Not Used
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "Q"
Schedule "R"
Schedule "s"
"Conservation Authority's Work"
"Engineering and Inspection Fees"
"Region's Conditions of Approval"
Not Used
"Landscaping Plan" (reduction)
"Requirements of Other Agencies"
"Architectural Control Standards"
Schedule "1'''
Schedule "U"
Schedule "V"
Schedule "W"
b
Subdivision Agreement
Page 2
THIS AGREEMENT made in quintuplicate as of this 14th day of September, 1992,
BE TWE E N:
THE CORPORATION OF THE MUNICIPALI1Y OF CURINGTON
(hereinafter called the "Town")
OF THE FIRST PART
- and -
290572 ONTARIO LIMITED
(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, and are hereinafter called the "Lands";
B. The Owner represents and warrants that subject to Recital C it is the
registered Owner of the Lands in fee simple absolute;
C, The Owner represents and warrants that there are no mortgagees or chargees
of the Lands;
D. The Owner has received the approval of the Regional Municipality of
Durham, to draft Plan of Subdivision 18T-89115 of the Lands subject to compliance with
certain conditions thereto including the making of Subdivision Agreements with the Region
and the Town, respectively;
E. The Owner has applied to the Region for approval of a final Plan of
Subdivision of the Lands and to the Region and the Town, respectively, for the making of
the aforesaid Subdivision Agreements;
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Subdivision Agreement
Page 3
F. 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";
G. The Owner represents and warrants that it will enter into Agreements with
the Region and the Town to satisfy their respective requirements, financial and otherwise
in order to satisfy certain conditions of approval by the Region of draft Plan of Subdivision
18T-89115;
H. This Agreement is made pursuant to the provisions of Subsection 51(6) of the
Planning Act and is authorized by By-law No. 92-196 passed on September 14, 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:
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) "Appropriate Authority" means the Town, the Region, a Ministry of the
Crown in right of Ontario or other authority or agency considered to be
appropriate for the purpose by the Director,
(c) "Assuming Purchaser" has the meaning assigned to it in paragraph 3,16(1)
of this Agreement.
(d) "Authorization to Commence Works" has the meaning assigned to it in
paragraph 5,10 of this Agreement.
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Subdivision Agreement
Page 4
(e) "Building Code Act" means the Building Code Act R,S,Q, 1990 c, B. '13, as
it may be amended or replaced from time to time.
(f) "Certificate of Acceptance" has the meaning assigned to it in paragraph 5,24
of this Agreement.
(g) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23
of this Agreement.
(h) "Certificate of Release" has the meaning assigned to in it paragraph 5.26 of
this Agreement.
(i) "Commissioner" means the Commissioner of Planning of the Regional
Municipality of Durham,
(j) "Construction Lien Act" means The Construction Lien Act, R,S,Q. 1990 c,
C.30 as it may be amended or replaced from time to time,
(k) "Cost Sharing Report" means the "Cost Sharing Report" referred to in
Schedule "G" of this Agreement.
(1) "Council" means the Council of The Corporation of the Municipality of
Clarington,
(m) "Damaged Services" has the meaning assigned to it in paragraph 5,19 of this
Agreement.
(n) "Development Charge" has the same meaning as is assigned to the term in
the Development Charges Act R,S,Q, 1990, c, D,9,
(0) "Development Charge By-law" means Town By-law 92 - 105 as it may be
amended ~r replaced from time to time, and the term includes a successor
by-law to By-Law No. 92-105 which is passed under subsection 3(1) of the
Development Charges Act.
(p) "Development Charges Act" means the Development Charges Act, R,S,O,
1990 c. D,9, as it may be amended or replaced from time to time,
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Subdivision Agreement
Page 5
(q) "Director" means the Director of Public Works of the Municipality of
Clarington or his designated representative,
(r) "Director of Community Services" means the Director of Community
Services or his designated representative,
(s) "Director of Planning" means the Director of Planning and Development
of the Municipality of Clarington or his designated representative,
(t) "Drainage Act" means the Drainage Act R,S.O, 1990, c, 0, 17 as it may be
amended or replaced from time to time,
(u) "Engineering Drawings" has the meaning assigned to it in paragraph 5,5 of
this Agreement.
(v) "Final Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(w) "First Application" has the meaning assigned to it in Schedule "0" of this
Agreement.
(x) "First Excess Payment" has the meaning assigned to it in Schedule "0" of
this Agreement.
(y) "Hydrogeologist" has the mea~ing assigned to it in paragraph 5,20(1) of this
Agreement.
(z) "Second Excess Payment" has the meaning assigned to it in Schedule "0"
of this Agreement.
(aa) "Third Excess Payment" has the meaning assigned to it in Schedule "D" of
this Agreement.
(bb) "40M Plan" has the meaning assigned to it m paragraph 2.3 of this
Agreement.
(cc) "Grading and Drainage Plan" has the meaning assigned to it in paragraph
5,6 of this Agreement.
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Page 6
(dd) "Initial Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(ee) "Land Registry Office" has the meaning assigned to it in Schedule "A" of
this Agreement.
(ff) "Lands" has the meaning assigned to it in Recital A of this Agreement.
(gg) "Landscaping Plan" has the meaning assigned to it in paragraph 4,2(2) of
this Agreement.
(hh) "Maintenance Guarantee" has the meaning assigned to it in paragraph
3,10(1) of this Agreement.
(ii) "Master Drainage Plan" has the meaning assigned to it in Schedule "G" of
this Agreement.
(jj) "Minister" means the Minister of Municipal Affairs, Ontario.
(kk) "Monitoring Program" has the meaning assigned to it in paragraph 5,20(1)
of this Agreement.
(11) "Occupancy Permit" has the meaning assigned to it in paragraph 4,10(1) of
this Agreement.
(mm) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph
3,16(1) of this Agreement.
(nn) "Occupancy Permit Scale" has the meaning assigned to it in paragraph
3,16(2) of this Agreement.
(00) "Occupational Health and Safety Act" means the Occupational Health and
Safety Act R,S,O, 1990 c, 0.1 as it may be amended or replaced from time
to time,
(pp) "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,
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Page 7
(qq) "Owner's Engineer" means a consulting civil engineer experienced in
performing the duties set out in Schedule "I" of this Agreement who or
which is a partnership, association of persons or a corporation that holds
a certificate of authorization, in their or its own name to practice
professional civil engineering and is a licensed to do so under the
Professional Engineers Act R,S,O, 1990 c, P,28 as it may be amended from
time to time provided that the Owner's Engineer shall not be the Owner,
or an officer, director, shareholder or employee of the Owner,
(rr) "Performance Guarantee" has the meaning assigned to it in paragraph 3,6
of this Agreement.
(ss) "Planning Act" means the Planning Act R.S,O, 1990 c, P, 13 as it may be
amended or replaced from time to time,
(tt) "Reapproved Engineering Drawings" has the meaning assigned to it in
paragraph 5.5 of this Agreement.
(uu) "Reapproved Grading and Drainage Plan" has the meaning assigned to it
in paragraph 5.6 of this Agreement.
(vv) "Region" means The Corporation of the Regional Municipality of Durham.
(ww) "Related Works" has the meaning assigned to it in Schedule "0" of this
Agreement.
(xx) "Road System" has the meaning assigned to it in Schedule "0" 'of this
Agreement.
(yy) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this
Agreement.
(zz) "Security for the Maintenance Guarantee" has the meaning assigned to it
in paragraph 3,10(2) of this Agreement.
(aaa) "Solicitor" means the Solicitor for the Town,
(bbb) "Stage Cost Estimates" has the meaning assigned to it in paragraph 5,9 of
this Agr~ement.
I;)
Subdivision Agreement
Page 8
(ccc) "Staging Plan" means the staging plan for the Lands approved by the
Director of Public Works pursuant to paragraph 5,11 of this Agreement.
(ddd) "Stormwater Management System" has the meaning assigned to it in
Schedule "G" of this Agreement.
(eee) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of
this Agreement.
(fft) "Street Lighting System" has the meaning assigned to it in Schedule "G" of
this Agreement.
(ggg) "Temporary Occupancy Permit" has the meaning assigned to it paragraph
4,10(2) of this Agreement,
(hhh) "Tile Drainage Act" means the Tile Drainage Act R,S,Q, 1990, c. T,8 as it
may be amended or replaced from time to time,
(Hi) ''Town'' means The Corporation of the Municipality of Clarington or any
official, designated by Council to administer the terms of this Agreement.
(jjj) "Treasurer" means the Treasurer of the Town or his designated
representative,
(kkk) "Tree Preservation Plan" has the meaning assigned to it in paragraph 4,1(1)
of this Agreement.
(Ill) "Utilities and Services" means the utilities and services referred to in
Schedule "H" of this Agreement.
(mmm) 'Works" has the meaning assigned to it in paragraph 5,1 of this Agreement.
(nnn) 'Workers' Compensation Act" means the Workers' Compensation Act
R,S,Q, 1990, c. W.11 as it may be amended or replaced from time to time,
(000) 'Works Cost Estimates" has the meaning assigned to it in paragraph 5,9 of
this Agreement.
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Page 9
(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 "A"
"Legal Description of the Lands"
"Plan of Subdivision (reduction)"
"Charges Against the Lands"
"Schedule of Payment of Development Charges"
''Transfer 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"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F"
Schedule "G"
Schedule "R"
Schedule "I"
Schedule "]"
Schedule "K"
Schedule "L"
"Insurance Required"
"Regulations for Construction"
"Use of the Lands"
Schedule "M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "Q"
Schedule "R"
"Land Unsuitable for Building"
"Land Requiring Site Plan Approval"
Not Used
Schedule "S"
Schedule "T'
"Conservation Authority's Work"
"Engineering and Inspection Fees"
"Region's Conditions of Approval"
Not Used
"Landscaping Plan'. (reduction)
"Requirements of Other Agencies"
"Architectural Control Standards"
Schedule "U"
Schedule "V"
Schedule "W"
/1
Subdivision Agreement
Page 10
ARTICLE 2 - GENERAL
2.1 Recitals in Operative Part of Al:reement
The Owner represents and warrants to the Town that each of Recitals A to G of this
Agreement is correct.
2.2 Certification of Ownership
(1) On the 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 said Lands and setting out the names of all persons having interests in the said
Lands and the nature of their interests,
(2) On the 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 said 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 Copy of Plan and Al:reements Required
On the execution of this Agreement, the Owner shall provide the Town with as many
copies as the Town requires of the final Plan of Subdivision of the Lands as approved by
the Commissioner, the Minister, or the Ontario Municipal Board as the case may be. The
draft final Plan of Subdivision as proposed by the Owner (the "40M Plan") is contained in
Schedule "B" attached hereto, The Owner shall also furnish to the Town at the time of the
execution of this Agreement, one (1) copy of the final Plan of Subdivision which has marked
on it the stamp of approval of the Region, and a copy of the executed Subdivision
Agreement entered into between the Owner and the Region with respect to the Lands if the
aforesaid Plan has been approved and Agreement has been executed by the Parties thereto
at the time of the execution of this Agreement. If at the time of the execution of this
Agreement, the aforesaid Plan has not been so approved and/or the aforesaid Agreement
between the Owner and the Region has not been executed, the Owner shall provide the
Town with a copy of the aforesaid Plan with the stamp of approval of the Region marked
thereon and/or a copy of the aforesaid Agreement executed by the Region and the Owner
forthwith after approval of the aforesaid Plan is granted and/or the aforesaid Agreement
is executed by the Parties thereto. The Owner shall also furnish to the Town, at the time
/.5
Subdivision Agreement
Page 11
of execution of this Agreement, one (1) copy of each of the Agreement(s) entered into by
the Owner with the Newcastle Hydro-Electric 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, or, if such Agreement(s) have not been executed at the time of the
execution of this Agreement, the Owner shall provide the Town with one (1) copy of each
such Agreement(s) immediately after each such Agreement(s) is executed by the Parties
thereto.
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
clear of all encumbrances and restrictions, shall be made for a nominal consideration,
shall contain provisions satisfactory to the Town's Solicitor, and shall be in
registerable form,
(2) If, subsequent to the date of registration of any Plan of Subdivision of the Lands or
a planes) of subdivision of any partes) thereof, but prior to the issuance of a building
permit(s) for building(s) proposed to be constructed on a particular Iot(s)or block(s),
in the opinion of the Director further easements in such Iot(s) or bIock(s) 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 dwelling on any part of a lot(s) or block(s) shown on the Plan. 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)
Ib
Subdivision Agreement
Page 12
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 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 Rea:istration 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,
. 2.7 Not Used
2.8 Char~e on Lands
The Owner hereby charges all its interest in the Lands with the obligations set out
in this Agreement.
2.9 Re&:istration of A2reement
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 registration of the final Plan of Subdivision 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 or the
appropriate portion(s) thereof, as the case may be, Without derogating from the foregoing,
the Owner also hereby consents to the registration of an Inhibiting Order(s) or a Caution(s)
against the title to the Lands or the relevant portion(s) thereof as the case may be, in order
to give further effect to the foregoing and acknowledge that the Town has reasonable cause
to register an Inhibiting Order(s) or Caution(s) as the case may be,
/7
Subdivision Agreement
Page 13
2.10 Renel:otiation and Amendment of A~reement
(1) Following the occurrence of any of the events set out below in this paragraph 2,10
(the "Renegotiation Events"), the Town may give written notice to the Owner
requiring that particular provisions of this Agreement specified in the notice shall be
renegotiated and, if necessary amended by the Parties, No later than the expiry of
the ten (10) day period following the date on which such notice is given, the Owner
will cease and will require all persons with whom it has a contractual relationship to
cease constructing and installing the Works referred to in such written notice until
the specified provisions of this Agreement have been renegotiated and any necessary
amendment(s) made to this Agreement. The Renegotiation Events are the following:
(i) the Region, the Minister, or the Ontario Municipal Board approves a final
Plan of Subdivision for the said Lands which the Town considers to be
substantially different from the 40M Plan proposed by the Owner;
(H) the final Plan of Subdivision is not approved by the Region and registered
against the title to the Lands within eighteen (18) months after the date as of
which this Agreement is made;
(Hi) either if a Subdivision Agreement between the Owner and the Region has not
been executed at the date as of which of this Agreement is made, or if such
Subdivision Agreement between the Owner and the Region has been so
executed, it is amended subsequent to the date as of which this Agreement is
made, the provisions of such Subdivision Agreement between the Owner and
the Region, in the opinion of the Town, affect materially the location or sizing
of any of the Works to be supplied and installed under the terms of this
Agreement; or
(iv) construction or installation of any of the Works has not commenced within
two (2) years from the date of registration of the final Plan of Subdivision of
the Lands against the title to the Land;
Forthwith after the giving of written notice as aforesaid requiring the renegotiation
of specified provision( s). of this Agreement, the Owner and the Town will renegotiate
the same in good faith and with expedition. In the event that the renegotiation has
not been completed or has not resulted in agreement by the Parties prior to the
expiry of the twenty (20) day period following the date on which the notice requiring
the renegotiation is given as aforesaid, at any time thereafter the Town may give the
IS>
Subdivision Agreement
Page 14
Owner written notice declaring this Agreement to be terminated whereupon ft shall
terminate.
(2) On the termination of this Agreement by the Town declaring it to be terminated in
accordance with paragraph 2,10(1), none of the Parties hereto may make any claim
against the Town for damages for any loss or cost or make any claim against the
Town for compensation in respect of any of the Works, whether located in whole or
in part on land in which the Town has an interest. Notwithstanding the foregoing,
the Owner and the Town expressly agree that the covenants and agreements
contained in paragraphs 3,8, 3,14,5.17, 5,19, 5,20 and 5,21 and Article 7 of this
Agreement will survive the termination of this Agreement pursuant to paragraph
2,10(1), and paragraphs 3,8, 3,14, 5,17, 5,19, 5,20 and 5,21 and Article 7 of this
Agreement shall continue to bind the Owner and may be enforced by the Town in
the same manner and to the same extent as if this Agreement had not been
terminated,
(3) Without derogating from the provisions of paragraph 2,10(1) from time to time by
mutual agreement, the Parties hereto may amend the terms of this Agreement and
any of the Schedules, but an amendment shall only be effective if in writing and
executed under the seals and hands of the proper officers of each Party.
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 Assi2nment of A2reement
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.
19
J.
Subdivision Agreement
Page 15
2.13 Replacement of Draft Plan with Final Plan(s)
(1) The Parties hereto acknowledge that at the time of the execution of this Agreement,
only a red-lined copy of draft Plan of Subdivision 18T-89115 has been approved by
the Region, A copy of it is contained in Schedule "B" hereto. AIl descriptions in this
Agreement and the Schedules hereto refer to the proposed lot(s) or block(s) and
street(s) shown on such red-lined draft Plan of Subdivision, The 40M Plan proposed
by the Owner is also contained in Schedule "B",
(2) On a final Plan of Subdivision implementing Plan 18T-89115 approved pursuant to
the Planning Act, 1983 being registered against the title to anyone (1) or more
portions of the Lands, the registered final Plan of Subdivision shall be deemed to be
substituted for the red-lined draft Plan of Subdivision 18T-89115 for the purposes
of this Agreement. AIl amendments necessary to this Agreement shall be considered
to have been made to it and to the descriptions and references contained in it,
including without limiting the generality of the foregoing, Schedules "B", "E", "F", "G",
"N", "0", "P" and "Q", in order to replace the descriptions and references to the red-
lined draft Plan of Subdivision 18T-89115 with descriptions and references to and
that are consistent with such registered final Plan of Subdivision,
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 mailed
by first class prepaid post or delivered to:
The Owner: 290572 Ontario Limited
58 Rossland Road West
Oshawa, Ontario
LtG 2V5
or such other address of which the Owner has notified the Town in writing, Any such notice
so mailed 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 mailed or delivered.
cJo
Subdivision Agreement
Page 16
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 "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 Improvement Charl:es
Prior to the date of 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 Drainaa:e Chara:es
Prior to the date of the execution of this Agreement, the Owner shall pay all
drainage charges assessed under the Drainage Act and the Tile Drainage Act 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 Payment of Development Charl:es
(1) The Owner shall pay all Development Charges and portions of front-end payments
required by the provisions of the Development Charges Act and the Development
Charge By-law in respect of the development of the Lands or anyone or more
portions thereof, The Owner shall pay the Development Charges in accordance with
the Schedule of Payment of Development Charges contained in Schedule "D" hereto.
Each payment of Development Charges set out in Schedule "D" shall be adjusted as
required by the Development Charge By-Law prior to the issuance of any building
c2/
Subdivision Agreement
Page 17
permit in respect of any lot(s) or block(s) on the Lands, to take into account
increases or decreases in the Development Charge rate imposed by the Development
Charge By-law then in effect as well as adjustments made pursuant to Section 10 of
the Development Charge By-law,
(2) The Parties acknowledge and agree that none of the provisions of this Agreement,
including but not limited to paragraph 3.4 and Schedules "D" and "G", are intended
nor shall they be considered to have the effect of exempting the Owner in whole or
in part from, or making inapplicable to the Owner, or making inapplicable in respect
of the development of the Lands, a Development Charge that is imposed by the
Development Charge By-law and none of them shall be used as a justification for or
the basis of granting the Owner a credit of any amount in determining the
development charge payable by the Owner under such By-law under the
Development Charges Act.
3.5 Cash in Lieu of Land Dedication
On the execution of this Agreement, the Owner shall pay the Town the cash payment
in lieu of dedication of lands as set out in Schedule "F" hereto,
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 Schedules "I" or II" 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 determined by the Director to be the amount required to secure to the Town the
performance by the Owner of its covenants contained in this Agreement to construct and
install the Works and the performance of the Owner's obligations under paragraph 5.13(2)
and without limiting the generality of the foregoing, in making his determination, the
Director may have regard for the "Works Cost Estimate" or the "Revised Work Cost
Estimate" (both terms as hereafter defined) whichever is applicable, for the construction and
installation of the Works which either are the subject of an Authorization to Commence
Work or for the issuance of which an Authorization to Commence Works application has
been made by the Owner, If from time to time following the issuance of any Authorization
to Commence Works the Director is of the opinion that the amount of the Performance
Guarantee should be increased in order to protect the Town's interests under this
Agreement, forthwith after the Director gives written notice to the Owner requiring an
increase in the amount of the Performance Guarantee, the Owner shall deposit with the
c.:Q.
Subdivision Agreement
Page 18
Town cash or an unconditional and irrevocable letter of credit in such amount issued by a
bank listed in Schedule "I" or "II" of the Bank Act that is acceptable to the Town's Treasurer
and continuing terms satisfactory to the Town's Treasurer, (The cash deposit(s) or letter(s)
of credit which is (are) to be deposited by the Owner pursuant to this paragraph 3,6 and
other provisions of this Agreement are called the "Performance Guarantee",) In the event
that the Owner does not increase the amount of the Performance Guarantee for a period
of thirty (30) days following the giving of written notice by the Director to the Owner
requiring an increase in the amount of the Performance Guarantee, (1) all Authorizations
to Commence Work that have been issued shall terminate, and (2) the Owner shall not
apply for or require the issuance of any permit for the construction of buildings or any part
of the Lands pursuant to the Building Code Act. Without derogating from the other
provisions of this Agreement, the Parties acknowledge that if the Owner deposits a letter
of credit with the Town's Treasurer as the whole or part of the Performance Guarantee or
an increase thereof required by this Agreement, the Town's Treasurer, acting reasonably,
may at any time draw on such letter of credit and deposit the cash proceeds thereof in an
account to the credit of Town for disbursement in accordance with this Agreement.
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) which in the opinion of the Director are required
to remedy the Owner's breach(es) or default(s) of or under the provisions of this
Agreement. 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, or the design, construction and installation,
supervision of construction and installation, inspection, and/or maintenance of the
Works by the Owner, its employees, contractors, suppliers of services or materials,
the Owner's Engineer, the Owner's Engineer's employees, and the Owner's licensees,
(2) For greater certainty, the making of this Agreement is not intended to and shall not
have the effect of requiring the Town to do or refrain from doing any act or making
;:)3
Subdivision Agreement
Page 19
any recommendation necessary for the Owner to achieve approval of the final' Plan
of Subdivision of the Lands and its registration against the title to the Lands,
3.9 Insurance
The Owner shall obtain and maintain the insurance and deposit the proof thereof as
required by Schedule "K" of this Agreement in accordance with Schedule "K" of this
Agreement.
3.10 Maintenance Guarantee Required
(1) From the date of issuance of an Authorization to Commence Works until the date
of issuance of a Certificate of Acceptance of the Works or particular component(s)
of the Works, the Owner agrees with the Town to promptly correct, remedy, repair
or replace any portion or component of the Works in question 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 amount of the
Maintenance Guarantee shall be determined in accordance with paragraph 3,12(1)
of this Agreement. The Owner shall be given written notice of any such deficiency
or defect by the Director forthwith after he identifies the same,
(2) The Maintenance Guarantee expires on the date of issuance of the Certificate of
Acceptance of the Works 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:
(a) "Initial Works" (as hereafter defined): the later of (1) the date of expiry of
the period of two (2) years which commences on the date of issuance of the
Certificate of Completion for the Initial Works, and (2) the date of issuance
of a Certificate of Completion for the "Final Works" (as hereafter defined);
(b) "Final Works": the date of expiry of the period of one (1) year that
commences on the date on which the maintenance period for the Initial
Works specified in paragraph 3.1O(2)(a) expires;
(c) "Street Li~htin~ System" (as hereafter defined): the date of expiry of the
period of two (2) years which commences on the date of issuance of the
Certificate of Completion of the Street Lighting System; and
A
Subdivision Agreement
Page 20
(d) "Stormwater Management System" (as hereafter defined): the date of expiry
of the period of two (2) years which commences on the date of the issuance
of the Certificate of Completion of the Stormwater Management System
provided tnat such Certificate of Completion for the Stormwater Management
System shall not be issued prior to the issuance of the Certificate of
Completion for the Final Works.
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 amount(s) which in the opinion of the Director are required to remedy the Owner's
breach(es) or default(s) as determined by the Director of correcting or remedying a
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 Reduction and 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 such that will leave on deposit with the Town's Treasurer as the
Performance Guarantee an amount equal to the sum of (1) the value of the
uncompleted Works and the other facilities and improvements as determined by the
Director having regard for the Works Cost Estimates then in force plus any amount
determined by the Director but not to exceed twenty (20%) percent of such value as
a completion allowance payable to the Town, and (2) as the Maintenance Guarantee
fifteen (15%) percent of the value of the completed Works, facilities and services,
also determined by the Director after considering the material, if any, submitted to
the Director by the Owner's Engineer in support of an application for reduction of
the Performance Guarantee in respect of the Works that have been completed by the
~s
Subdivision Agreement
Page 21
Owner as well as the contract documents, sub-contracts and supply contracts
pertaining to the Works and the provisions of the Construction Lien Act.
(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 the
Performance Guarantee was initially required to be deposited with the Town,
(b) The Owner has deposited or has left on deposit with the Town the
Maintenance Guarantee applying to the Works for which the Performance
Guarantee initially was required to be deposited with the Town,
(c) The Director is satisfied that in respect of the construction and installation of
the Works for which such Performance Guarantee was initially required to be
deposited with the Town, there are no outstanding claims relating to such
Works,
(d) The Town is satisfied that there are no outstanding claims relating to the
Works which the Town is required or may be permitted to pay either under
the provisions of the Construction Lien Act or otherwise,
(e) The Town is satisfied that the Owner is not in breach of any of its covenants
contained in this Agreement.
3.13 Reduction and Release of Maintenance Guarante~
The Owner agrees that the Town shall not be required to release to the Owner the
Security for the Maintenance Guarantee until each of 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 which the Town is required or may be permitted to pay either under
the provisions of the Construction Lien Act or otherwise,
(c) The Town is satisfied that the Owner is not in breach of any of its covenants
contained in this Agreement.
~
Subdivision Agreement
Page 22
(d) With respect to all lots and blocks in the 40M Plan for which building permits
have been issued and Temporary Occupancy Permits have been received by
the Owner, the Town is satisfied that within the one (1) year period of
temporary occupancy under a Temporary Occupancy Permit the Director has
received the Owner's Engineer's written confirmation that grading of the lots
and blocks in question has been completed in accordance with the approved
Grading and Drainage Plan,
( e ) The Director has received the as-constructed drawings for such Works from
the Owner as well as the computer disks, if any have been prepared by the
Owner's Engineer,
3.14 Payment of Town's Costs
(1) The Owner shall reimburse the Town for all reasonable legal, planning, engineering
and other technical advice, and administrative expenses actually incurred for the
preparation and registration of this Agreement and the 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 Engineering and Inspection fees in accordance
with the provisions of Schedule "R",
(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
paragraph 3.14(1),
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
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,
/27
Subdivision Agreement
Page 23
3.16 Occupancy Permit Deposit
(1) Prior to the date of issuance of the first building permit for a dwelling proposed to
be constructed on the Lands, the Owner and/or a person who has entered into an
agreement with the Town containing terms satisfactory to the Town to assume the
obligations of the Owner under this Agreement relating to a specific lot(s) or
block(s)on the 40M Plan (the "Assuming Purchaser") shall deposit with the Town an
irrevocable and unconditional letter of credit issued by a bank listed in Schedules "I"
or "II" of the Bank Act acceptable to the Town's Treasurer, in the amount of ten
thousand dollars ($10,000.00) (the letter(s) of credit are referred to as the
"Occupancy Permit Deposit") to secure the performance of the Owner's covenant to
the Town under this Agreement that occupancy of any dwelling(s) on the Lands will
not take place before an "Occupancy Permit" (as defined in paragraph 4,10) is issued
by the Director of Planning in respect of such dwelling(s) pursuant to paragraph 4,10,
The letter of credit(s) shall contain terms satisfactory to the Town's Treasurer. In
the event that occupancy of a dwelling or dwellings occurs before the date of
issuance of an Occupancy Permit contrary to the provisions of paragraph 4,10, the
Town may draw upon and appropriate from the Occupancy Permit Deposit the
amount necessary to permit the Town to comply with the requirements of paragraph
4,10 on the Owner's and/or the Assuming Purchaser's behalf and/or at the Owner's
or the Assuming Purchaser's cost, as the case may be, In the event that the Town
so appropriates the whole or any part of the Occupancy Permit Deposit, forthwith
after it and/or they are given written notice of the amount of the appropriation, the
Owner and/or the Assuming Purchaser shall restore the Occupancy Permit Deposit
to the full amount of ten thousand dollard ($10,000,00,) The Occupancy Permit
Deposit or the unused portion thereof shall be returned to the Owner and/or the
Assuming Purchaser at such time as the last dwelling which may be constructed on
the Lands is permitted to be occupied pursuant to an Occupancy Permit issued in
accordance with this Agreement. If a letter(s) of credit is deposited as the
Occupancy Permit Deposit, the Town agrees to permit its(their) replacement from
time to time by the Owner and/or the Assuming Purchaser, as the case may be,
provided that at all times the Occupancy Permit Deposit is maintained as is required
by this paragraph 3,16(1), Following each such permitted replacement of a letter(s)
of credit, the Town will return the replaced letter(s) of credit to the Owner and/or
the Assuming Purchaser,
(2) The Occupancy Permit Deposit requirement referred to in paragraph 3,16(1) is based
on the following "Occupancy Permit Scale" of the Town which is current on the date
of execution of this Agreement:
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up to 10 lots
11 to 50 lots
51 to 100 lots
101 to 250 lots
251 to 500 lots
over 500 lots
$10,000.00
$20,000.00
$30,000,00
$40,000,00
$60,000,00
$100,000.00
The Owner agrees with the Town that the Town in its discretion may amend its
Occupancy Permit Scale from time to time prior to the date on which the Occupancy
Permit Deposit is deposited with the Town pursuant to paragraph 3,16(1). The
Owner shall increase the amount of the Occupancy Permit Deposit in accordance
with the Town's amended Occupancy Permit Scale forthwith after the Director of
Planning gives written notice to the Owner requiring it to do so, In the event that
the Owner does not increase the amount of the Occupancy Permit Deposit for a
period of twenty (20) days following the giving of written notice by the Director to
the Owner requiring an increase in the amount of the Occupancy Permit Deposit, (1)
all Authorizations to Commence Works that have been issued shall terminate, and
(2) the Owner shall not apply for or require the issuance of any permits for the
construction of buildings on any part of the Lands pursuant to the Building Code
Act.
ARTICLE 4. PLANNING
4.1 Tree Preservation Plan
(1) Prior to the issuance of any Authorization to Commence Works the Owner shall have
obtained the written approval of the Director Community Services, the Director of
Planning and Development, and the Director of Public Works of a plan for the
preservation of trees on the said Lands (the ''Tree Preservation Plan") which shall
show:
(a) the location and approximate size of all existing trees over 30,5 cm m
circumference at 1.5 m above the ground; and
(b) the location of all existing trees referred to in subparagraph (1) hereof
intended to be removed during the development of the said Lands,
(2) No work shall be done or caused or permitted to be done by the Owner to remove,
destroy or damage any tree shown on the Tree Preservation Plan, No existing tree
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Subdivision Agreement
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shall be removed until the Tree Preservation Plan has been approved by the Director
of Community Services, the Director of Planning and the Director of Public Works,
Thereafter an existing tree may be removed only if permitted by the Tree
Preservation Plan, The Owner shall comply with the approved Tree Preservation
Plan, In the event that any tree required to be preserved by the approved Tree
Preservation Plan is removed, destroyed or damaged, the Owner at its expense shall
replace that tree with a tree of a height, calliper and species as determined by the
Director of Planning in his discretion,
4.2 Landscapine Plan and Landscapine Requirements
(1) Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of Planning and the Director of Public
Works of the "Landscaping Plan" (as hereafter defined),
(2) Prior to the execution of this Agreement, the Owner shall retain a qualified
landscape architect acceptable to the Director of Planning and the Director of Public
Works. The landscape architect shall prepare a draft landscaping plan showing,
amongst other things required by each of the Director of Community Services, the
Director of Planning and Development, and the Director of Public Works, boulevard
road areas and vegetation, trees to be planted thereon and fencing and screen
planting as required by paragraph 4.2(4), The draft landscaping plan shall conform
with and implement the Town's landscaping design criteria, as amended from time
to time, the approved Engineering Drawings and the other provisions of this
Agreement. When the draft landscaping plan has been settled to the satisfaction of
the aforesaid Directors and approved by them, it is the "Landscaping Plan" for the
purposes of this Agreement.
(3) The Parties acknowledge that the Landscaping Plan contained in Schedule "U" hereto
is the Landscaping Plan for the purposes of this Agreement.
(4) The Owner agrees at its cost to satisfy the following requirements:
(a) all lots in Urban Areas are to be sodded and all lots in Rural Areas are to be
sodded or seeded, as may be required by the Director of Planning, within one
(1) year of occupancy of the dwellings;
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Subdivision Agreement
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(b) except where otherwise provided in the Town's Design Criteria and Standard
Detailed Drawings, a minimum of one (1) tree per lot shall be planted on the
street allowances in accordance with the provisions of this paragraph 4,2(5);
(c) all trees shall be a minimum of three point five (3,5) m in height and six (6)
cm in calliper, staked and bagged;
(d) screen planting and fencing shall be provided between residential uses and
other uses in accordance with the Town's landscaping design criteria and the
relevant Landscaping Plan;
(e) fencing shall have a minimum height of one point eight (1.8) metres, Chain-
link fencing is not permitted except in areas abutting walkways, schools and
parks and then only in accordance with the Town's landscaping design criteria
and the relevant Landscaping Plan; and
(t) where wood fencing is proposed, it must be constructed either of pressure
treated wood or wood of equivalent longevity in the opinion of the Director
of Planning,
(5) The Owner agrees, at its expense, to provide and install trees, vegetation and fencing
and to satisfy the other requirements of the Landscaping Plan expeditiously during
the construction of dwellings on the Lands, Any default by the Owner in satisfying
any of the requirements of paragraph 4,2 may be remedied or corrected by the Town
at the Owner's cost. Without limiting the Town's rights under any other provision
of this Agreement, the Owner acknowledges and agrees with the Town that the Town
may appropriate a portion of the Performance Guarantee to indemnify the Town in
respect of the cost of remedying or correcting any such default of the Owner at any
time when deemed necessary by the Director of Planning, On each occasion,
forthwith, after the Director of Planning gives the Owner written notice of the
amount so appropriated, the Owner shall restore the Performance Guarantee to the
amount required by this Agreement.
4.3 Use of Lands
The Lands shall not be used for any purpose other than the purposes set out in
Schedule "M" hereto, provided that such purpose is permitted by the Town's By-law 84-63,
as amended from time to time.
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Subdivision Agreement
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4.4 Lands Unsuitable for Buildinll
The Parties acknowledge and agree that the lot(s) or block(s) which are set out in
Schedule "N" hereto are unsuitable for building purposes, The Owner will not make, cause
or permit an application to be made for a building permit for the construction of any
structure on any such lot(s) or block(s) until the conditions set out in Schedule "Nil for such
lot(s) or block(s) have been satisfied to the approval of the Director of Planning and the
Director of Public Works and/or any other authority having jurisdiction in respect of the
matter, The Owner shall maintain the lot(s) or block(s) set out in Schedule "N" in a
condition acceptable to the Director of Planning,
4.5 Lands Requirin~ Site Plan
The Owner shall not make or cause or suffer any person(s) to make an application
for a building permit in respect of any lot(s) or block(s) within the Plan which are set out
in Schedule "0" until the Owner has entered into a Site Plan Agreement with the Town
respecting the development of such lot(s) or block(s) under Section 41 of the Planning Act,
provided that any application for a building permit shall comply in all respects with the
terms of the said Site Plan Agreement and all applicable laws,
4.6 Requirements for Buildinll Permits
The execution of this Agreement by the Town, the approval by the Town of the 40M
Plan, and the issuance of any Certificate of Acceptance of Works, do not constitute a
representation or covenant by the Town to any person, nor shall be taken to give any
assurance to the Owner or to any other person that building permits for buildings proposed
to be constructed on any portion of the Lands when applied for, will be issued, Without
limiting the generality of the foregoing, the Owner will not apply for or cause or permit an
application to be made by any person for a building permit for a building proposed to be
constructed on any of the Lands, made until the following requirements are satisfied:
(a) all easements required to be transferred by this Agreement to the Town, the Region
of Durham or the Newcastle Hydro-Electric Commission, and all easements required
to be transferred for the purpose of Utilities and Services referred to in Schedule
"H", and all easements required to be transferred or reserved for the purpose of
drainage or access to the 10t(s) or block(s) in respect of which an application for a
building permit(s) is made, have been transferred to or reserved by the appropriate
person as required by this Agreement;
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(b) all the roads which are required to be constructed to provide access to the proposed
building in accordance with this Agreement, have been constructed at least to the
completed base course of asphalt, and the Director has given the Owner his written
approval of them as being sufficient to provide in his opinion adequate access to the
proposed building(s);
(c) all of the Works required to be constructed and installed under road(s) referred to
in paragraph 4,6(b) have been constructed and installed to the satisfaction of the
Director;
(d) all of the Utilities and Services required to be constructed and installed pursuant to
Schedule "H" have been constructed and installed and have been accepted by the
Newcastle Hydro-Electric Commission and/or the authority or company having
jurisdiction over such Utilities and Services. Alternatively, the Town has received
written confirmation from such Commission, authority or company, as the case may
be, that sufficient financial security(s) have been received by it (them) on which it
or they may draw to payor to reimburse itself (themselves) in respect of the costs
of the design, construction and installation of such Utilities and Services if the Owner
fails to construct and install them;
(e) the Owner has provided the Director of Planning with a paper draft of the registered
Plan of Subdivision of the Lands, (the Owner shall provide the Director of Planning
with a mylar copy of such registered Plan of Subdivision forthwith after it is made
available to the Owner by the Land Registry Office);
(f) the Development Charges required to be paid by the Owner to the Town pursuant
to paragraph 3.4 and Schedule "D" have been paid in respect of the lot(s) or block(s)
for which application is made for a building permit;
(g) the Owner has deposited with the Town the Occupancy Permit Deposit as required
by paragraph 3.16 of this Agreement and it is in good standing;
(h) if the application for a building permit is for a building proposed to be constructed
on any lot(s) or block(s) set out in Schedule "N", the Owner has satisfied the
conditions with respect to the development of such lot(s) or block(s) set out in
paragraph 4.4 of this Agreement;
(i) if the application for a building permit is for a building proposed to be constructed
on any lot(s) or block(s) set out in Schedule "0", the Owner has entered into a Site
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Subdivision Agreement
Page 29
Plan Agreement under Section 41 of the Planning Act with respect to the
development of such lot(s) or block(s) in accordance with paragraph 4.5 of this
Agreement;
(j) the Performance Guarantee and the Security for the Maintenance Guarantee
provided for in this Agreement have been deposited with the Town and are in good
standing and all sums of money required to the Town by the Owner pursuant to this
Agreement have been paid;
(k) the applicant has submitted a Site Plan satisfactory to the Director and certified as
being correct by the Owner's Engineer which demonstrates to the satisfaction of the
Director that the final grades of the lot(s) or block(s) in respect of which the
application for a building permit(s) is made are appropriate for the building(s)
proposed to be constructed thereon, the grading of the lot(s) or block(s) in question
and the proposed access thereto conforms with the Grading and Drainage Plan
approved by the Director for the particular lot(s) or block(s) as well as with the
Town's Design Criteria and Standard Detail Drawings;
(1) the Owner has erected or caused to be erected a sign displaying all road(s), lot(s) or
block(s) within the Plan sufficient to illustrate the future housing types and
distribution, the location of any park, open space, school or commercial blocks
proposed on the said Lands, as well as all future uses for lands which abut the said
Lands as identified by an approved Official Plan, Neighbourhood Plan, or Hamlet
Development Plan and/or an approved Draft Plan of Subdivision of such abutting
lands;
(m) (i)
the Owner has constructed access routes to the subdivision in satisfaction of
the requirements of the Ontario Building Code and has installed all necessary
watermains and hydrants which are fully serviced;
(ii) the Owner has agreed with the Town that during construction of the building
pursuant to the building permits which have been applied for fire access
routes will be maintained continuously as required by the Ontario Fire Code,
storage of combustible waste will be maintained in accordance with the
Ontario Fire Code, and open burning will not occur contrary to the Ontario
Fire Code;
(iii) the Owner has agreed with the Town to comply with the Ontario Fire Code
with respect to Combustible Waste and Open Burning; and
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Subdivision Agreement
Page 30
(iv) the Owner has agreed with the Town to have regard for the "Guidelines to
Fire Prevention" published jointly by the Ontario Home Builder's Association
and the Toronto Home Builder's Association in respect of construction of
dwellings;
(n) the Owner has provided written confirmation that all dwelling(s) to be erected on the
Lands in which the lot(s) or block(s) in question is located, satisfy the Architectural
Control Standards contained in Schedule IfW" hereto; and
(0) the Owner has satisfied the requirement of paragraph 4,12 of this Agreement.
4.7 Model Homes
(1) Notwithstanding the provisions of paragraph 4,6 of this Agreement, the Owner may
apply for building permit(s) for model home(s) to be used for sales display purposes
which it proposes to construct on not more than ten (10%) percent of the total
number of lot(s) within the registered Plan of Subdivision of the Lands, provided
that:
(a) each such application is in conformity with all By-laws of the Town, the
Ontario Building Code Act and the Ontario Building Code;
(b) all building permit fees, Occupancy Permit Deposits and the Development
Levies provided for in this Agreement have been paid to or deposited with
the Town as is required by law and this Agreement;
(c) the Owner has satisfied the Director that the final grades of the lot(s) or
block(s) is appropriate for the proposed mopel home(s) and that such final
grades are in compliance with the Grading and Drainage Plan;
(d) the Owner has complied with the provisions of paragraphs 4,6(1) and 4,6(n)
of this Agreement.
(2) Prior to the date of issuance of any building permit for a model home(s), the Owner
shall obtain the approval of the Director of the proposed access to the model
home(s) in question, In each case, such access shall be to the satisfaction of the
Director and the Town's Fire Chief.
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Subdivision Agreement
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(3) Any model home(s) constructed on the Lands shall be used for sales display pUI'poses
only and shall not be occupied for any residential purpose until such time as the
provisions of paragraphs 4,6 and 4.10 of this Agreement have been complied with,
If such model home(s) is occupied for residential purposes contrary to the provision
of this paragraph 4,7(3), then without derogating from any rights of the Town may
have under this Agreement, a statute, a regulation, or a by-law, the provisions of
paragraph 3,16 shall apply and shall be complied with by the Owner on each occasion
that such unauthorized occupation takes place.
(4) The Owner understands and agrees with the Town that if the Owner constructs or
causes or permits any person to construct one (1) or more model home(s) on any
part of the Lands prior to the day on which the watermains and hydrants on the
Lands or any part of them are fully serviced and operational for fire protection
purposes to the satisfaction of the Town's Fire Chief, the construction and/or use of
the model home(s) is entirely at the risk of the Owner, The Owner shall save the
Town harmless and indemnify the Town from and against all actions, claims,
liabilities, losses, damages and expenses, including reasonable legal fees, which arise
by reason of construction and/or use of such model home(s), and the provisions of
paragraph 3,8(1) shall apply with all necessary changes to it being considered to have
been made to give effect to the intent of this paragraph 4.7(4),
4.8 Architectural Control Standards
All dwellings to be erected shall satisfy the Architectural Control Standards as
contained in Schedule "W' hereto,
4.9 Requirements for Sale of Lands
Without derogating from any other provision of this Agreement the Owner shall not
sell the Lands or anyone (1) or more portions of the Lands until each of the following
conditions is satisfied:
. (a) the transfers of easements and transfers of lands referred to in paragraphs 2.4 and
2.5 have been registered in accordance with paragraph 2,6;
(b) where a building permit has not been issued in respect of a lot(s) or block(s) shown
on the Plan which is proposed to be sold, the Owner has obtained from the
prospective purchaser an enforceable covenant made directly with the Town by which
such purchaser agrees with the Town, that prior to the issuance of a building permit
3h
Subdivision Agreement
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for a building on the land in question, he will deliver to the Town, the Newcastle
Hydro-Electric Commission, other authority and/or company, as the case may be, any
transfers of easements as in such lot(s) or block(s) which are required for Town,
Region of Durham and Utilities and Services or drainage purposes, as determined
by the Director, forthwith after written request by the Director therefor is given to
the Owner;
(c) the Owner has obtained from such prospective purchaser of a lot(s) or block(s), a
licence to permit the Owner and/or Town, to enter on the lot(s) or block(s) in
question in order to perform the Owner's obligations under this Agreement and to
permit the Town to exercise its rights under this Agreement to correct or remedy a
default of the Owner in such performance;
(d) the Performance Guarantee, the Security for the Maintenance Guarantee and all
cash deposits or letters of credits required by this Agreement have been deposited
with the Town and all letters of credit deposited with the Town are in good standing;
and
(e) the Owner has included in the Agreement to purchase the Lands or the lot(s) or
block(s) on the Plan which is entered into by the prospective purchaser(s) as the case
may be, a notice that the Lands are subject to the covenants and obligations set forth
in this Agreement, and without limiting the generality of the foregoing, are subject
to the provisions of Article 7 in respect of the obligations of subsequent owners.
4.10 Requirements f()r Occupancy Permit
(1) Notwithstanding the requirements of any statute, regulation or by-law respecting the
issuance of any permit authorizing or permitting the occupancy of any building, the
Owner shall not occupy or cause or permit any building on the said Lands to be
occupied without the written permission of the Town (the "Occupancy Permit")
having been given, In addition to satisfying the other requirements of this
Agreement, an Occupancy Permit shall not be issued to any person for any building
until the following requirements are satisfied:
(a) all of the roads which are required to be constructed under this Agreement,
and which will provide access to such building, have received the application
of the base course of asphalt, to the written satisfaction of the Director and
the required street lighting system has been installed and energized, all at the
cost of the Owner;
37
Subdivision Agreement
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(b) all of the storm drainage system required to be constructed and installed to
service such building has been constructed and installed to the written
satisfaction of the Director, and such building has been connected thereto;
(c) all of the Utilities and Services, with the exception of telephone and cable
T,V" which are required to be constructed, installed and connected to the
building pursuant to Schedule "H", have been so constructed, installed and
connected to the written satisfaction of the Director, the Newcastle Hydro-
Electric Commission or the authority or company having jurisdiction over such
Utilities and Services, as is appropriate;
(d) the building has been connected to and is serviced by a water supply and
sewage disposal system to the written approval of the Region of Durham;
(e) either the Owner's Engineer has provided the Director with his written
certification that the lot(s) or block(s), on which such building is located has
been developed in conformity with the Grading and Drainage Plan, or the
Owner has given written approval by the Director to vary the requirements
of the approved Grading and Drainage Plan with respect to the lot(s) or
block(s) in question; and
(f) the building has been finally inspected and approved pursuant to the Building
Code Act, the Ontario Building Code and the Plumbing Code,
(2) Notwithstanding the provisions of paragraph 4,10(1)(e), the Owner may be issued a
permit (the "Temporary Occupancy Permit") by the Director of Planning to permit
the temporary occupancy of a dwelling provided that the Owner establishes to the
satisfaction of the aforesaid Director that it has been unable to comply with the
requirements of paragraph 4.10(e) by reason of seasonal, weather or other conditions
which are considered by the Director, in his discretion, to be beyond the control of
the Owner, Prior to the issuance of a Temporary Occupancy Permit the Owner shall
establish, to the satisfaction of the Director of Planning that the provisions of
paragraphs 4,lO( 1)( a), (b), ( c), (d) and (f) have been satisfied, The Owner also shall
provide to the aforesaid Director the written confirmation required by paragraphs
4,lO(1)(e) within one (1) year from the date of the commencement of the Temporary
Occupancy Permit respecting the dwelling in question, Until such written
confirmation is provided to the aforesaid Director, the Town may retain the
Occupancy Permit Deposit provided for by paragraph 3,16 of this Agreement. If the
Owner does not comply with the approved Grading and Drainage Plan within ten
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Subdivision Agreement
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(10) days, excluding Saturday and Sunday, after being required to do so by Written
notice given to the Owner by the Director, the Town may appropriate the whole or
any part of the Occupancy Permit Deposit in order to reimburse the Town or pay any
person for the reasonable cost of complying with the approved Grading and Drainage
Plan, as determined by the Director in his discretion, provided that the Director shall
give written notice to the Owner forthwith after making each such appropriation of
the amQunt of the appropriation in question, If the written confirmation which is
required by paragraph 4,1 O( 1)( e) is not provided to the aforesaid Director within one
(1) year of the date of issuance of a Temporary Occupancy Permit, no person shall
occupy the dwelling in respect of which a Temporary Occupancy Permit has been
issued until an Occupancy Permit respecting the dwelling has been issued pursuant
to paragraph 4,lO( 1),
4.11 Cash in lieu of Lands for Park or Other Public Recreational Purposes
Without derogating from the other provisions of this Agreement, on the execution
of this Agreement, the Owner shall pay to the Town in cash the amount of money in lieu
of the transfer of land to the Town for parks and other public recreational purposes which
is set out in Schedule "F',
4.12 Special Conditions
(1) During construction on the Lands the Owner shall maintain fire access routes to the
satisfaction of the Town's Fire Chief,
(2) In cases in which an Appropriate Authority determines that the well or private water
supply of any person is interfered with either as a result of the grading of,
construction on, or the development of the Lands or any portion of the Lands, or as
a result of the construction or installation of any of the Works, the Owner, at its cost,
either shall connect the affected person to the municipal water supply system or shall
provide a new well or private water system so that water supplied to the affected
person shall be of quality and quantity at least equal to the quality and quantity of
water enjoyed by the affected person prior to the interference,
(3) The Owner shall comply with the provisions of Schedule "Q" and Schedule "V"
hereto,
(4) Any deadends and/or open side of road(s) allowances created by this draft Plan shall
be terminated in zero point three (0.3) metre reserve(s) which shall be transferred
37
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Subdivision Agreement
Page 35
to the Town. Paragraphs 2.5 and 2.6 apply in respect of such transfers wlth all
changes necessary being considered to have been made to them and give effect to
this paragraph 4.12(4).
(5) Without derogating from paragraph 4.12(2), in cases in which the Appropriate
Authority has determined that the well or private water supply of any person is
interfered with, the Owner shall at his expense either connect the affected party to
a municipal water supply system or a private system so that water supplied to the
affected party shall be of quality and quantity at least equal to the quality and
quantity of water enjoyed by the affected party prior to the interference.
(6) The Owner shall submit a stormwater management plan for the watershed as a whole
for review and approval by the Director of Public Works.
(7) The Owner agrees to insert the following clause into all agreements of purchase and
sale lots on draft Plan of Subdivision 18T-89115:
"that all students who attend S.T. Worden Public School will be
expected to walk to school in the morning and afternoon; noon
transportation only will be provided."
(8) The Owner agrees to insert the following clause into agreements of purchase and
sale of Lots 18 and 19 as shown on draft Plan of Subdivision 18T-89115:
"No filling, grading or construction shall occur within 4 meters
(13 feet) of the rear lot boundary of lots 18 and 19 of Draft
Approved Plan 18T-89115 without the prior written approval of
the Central Lake Ontario Conservation Authority."
ARTICLE 5. PUBLIC WORKS
5.1 Town Works Required
The Owner at the Owner's expense shall construct and install the facilities, services,
works, improvements and landscaping more particularly described in Schedule "G" hereto
(collectively in this Agreement are called the "Works"). From the date of issuance of the
Authorization to Commence Works until the date of issuance of a Certificate of Acceptance
of them the Owner shall be fully responsible for the construction and maintenance of the
Works including the cost thereof in accordance with the provisions of this Agreement. Mter
..
10
Subdivision Agreement
Page 36
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 authorities or companies or company having jurisdiction in
respect of the Utilities and Services referred to in Schedule "R" in the area in which the said
Lands are located which provides for the matters referred to in Schedule "R".
5.3 Owner's En2ineer
(1) At all times until this Agreement is released, the Owner shall retain the Owner's
Engineer who shall perform the duties set out in Schedule "I". On the execution of
this Agreement and on each occasion on which a new Owner's Engineer is retained
by the Owner, forthwith after retaining the Owner's Engineer, the Owner shall give
the Director written notice of the name, address and telefax number of the Owner's
Engineer. No partnership, association of persons or corporation shall be retained as
the Owner's Engineer without the prior written approval of the Director. All notices
to be given to the Owner's Engineer are properly given if given by personal service,
by telephonic facsimile communication, or first class prepaid post addressed to the
Owner's Engineer at the address or telefax number provided to the Director pursuant
to this paragraph 5.3. Forthwith after the Director gives the Owner written notice
requiring it to do so, the Owner shall give the Director written notice advising him
whether or not the approved Owner's Engineer continues to be retained by the
Owner.
(2) If at any time following the execution of this Agreement until the day on which a
Certificate(s) of Acceptance has been issued for all of the Works in accordance with
this Agreement, the Owner's Engineer resigns, abandons his office or is terminated
by the Owner, the Owner shall give the Director written notice of that fact within
three (3) days from the date of the resignation, abandonment or termination, as the
case may be. Until such time as the Owner retains and notifies the Director of the
name and address of a new Owner's Engineer who is qualified to be approved by the
Director pursuant to this Agreement and who in fact is approved by the Director, the
Owner hereby authorizes the Director on the Owner's behalf and at the Owner's cost
to appoint a new Owner's Engineer, provided that (1) forthwith after appointing a
new Owner's Engineer, the Director shall give the Owner written notice of the name,
address and telefax number of the Owner's Engineer who is so appointed; (2) the
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Subdivision Agreement
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Owner shall not act to terminate the new Owner's Engineer except for cause, and
then only with the prior written approval of the Director; (3) the Director may
appropriate from the Performance Guarantee and the security for the Maintenance
Guatantee amounts necessary to pay the Owner's Engineer's reasonable fees and
disbursements; and (4) the Director may appoint as the new Owner's Engineer any
partnership, association of persons or corporation otherwise qualified under this
Agreement who or which previously may have resigned or abandoned the
performance of the services as the Owner's Engineer under this Agreement or who
or which may previously have been terminated by the Owner, whether or not for
cause. The provisions of paragraph 5.3(1) apply when a new Owner's Engineer is
appointed by the Director under this paragraph 5.3(2) with all necessary changes
thereto being considered to have been made to give effect to this paragraph 5.3(2).
5.4 Desi2n of Works
(1) The Owner covenants and agrees that the design of all the Works shall conform with
all applicable legislation and the Town's Design Criteria and Standard Detail
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) Without derogating from the provisions of paragraphs 2.4 and 2.5 and Schedules "E"
and "F' of this Agreement, 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 2.7 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 be satisfactory to the Town's
Solicitor. At the time of delivery of each transfer of land to the Town, the Owner
shall pay to the Town 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.
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5.5 Enl:ineerinl: Drawinl:s
(1) Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of the original copy of all 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. The Owner hereby irrevocably assigns to the Town without cost to the
Town the right to :use and to reproduce the Engineering Drawings and all reports
that relate in whole or in part to the Works which have been prepared by or for th~
Owner in connection with the performance of the Owner's obligations under this
Agreement. The Owner acknowledges that approval of the Engineering Drawings
or reports by the Director shall not relieve the Owner from its obligation to satisfy
all requirements of or made pursuant to this Agreement.
(2) Prior to the issuance of any Authorization to Commence Works, the Owner shall
provide the Director without cost to the Town with the Owner's Engineer's (1)
written acknowledgement that the Engineering Drawings and reports referred to in
paragraph 5.5(1) may be used and/or reproduced by the Town without cost or prior
approval or permission, (2) written permission for the Town's officers, employees,
agents, contractors and suppliers to use the specifications, data, drawings, records and
reports whether completed or in progress of completion in satisfaction of the Owner's
obligations under the provisions of Schedule "I" of this Agreement without cost or
prior approval or permission, and (3) written undertaking to deliver to the Director
the original copy of the Engineering Drawings forthwith after being given written
notice by the Director requiring the Owner's Engineer to do so, whether or not the
Owner's Engineer's fees and disbursements in respect of any of them have been paid.
Prior to each occasion on which a new Owner's Engineer is retained by the Owner
and approval of the Director is sought, the Owner shall provide the Director with a
similar written acknowledgement and written permission of the new Owner's
Engineer, provided that if the new Owner's Engineer is to be retained by the
Director on behalf of the Owner pursuant to paragraph 5.3(2), the Director shall
obtain from the prospective Owner's Engineer the aforesaid written
acknowledgement and permission. Forthwith after the Director gives the Owner's
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Engineer written notice requiring them or it to do so, copies of the Engineering
Drawings, computer disks, specifications, data, drawings, records and reports referred
to in this paragraph 5.5(2) shall be provided to the Director without cost to the
Town.
5.6 Approval of Gradinl: and Drainaee 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 Graping and
Drainage Plan shall be obtained prior to the commencement of construction or installation
~f 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 Stal:ine of Construction
Prior to the commencement of construction and installation of any of the Works, the
Director, in his discretion, may give written notice to the Owner requiring that the Owner
prepare and submit to him a Works staging plan (the "Staging Plan"). Forthwith, after the
giving of such notice, the Owner shall prepare and submit to the Director of Public Works
and the Director of Planning for their consideration and approval a draft Staging Plan. The
Owner shall not proceed with the construction and installation of any Works until the
Staging Plan has been approved by the Director of Public Works and the Director of
Planning after any revisions required by them have been made to the draft Staging Plan.
Thereafter, the Owner shall proceed to construct and install the Works only in accordance
with such approved Staging Plan and any amendment which may be approved thereafter by
the Director of Planning and the Director of Public Works. The Staging Plan for the
purposes of this Agreement is the Plan contained in Schedule "G-l" attached hereto
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provided that for the purposes of this paragraph 5.7 the Staging Plan may be amended from
time to time with the written approval of the Director.
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")
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. Notwithstanding the
foregoing provisions of this paragraph 5.8, in cases in which the construction and installation
of the Works is to be staged in accordance with the Staging Plan, prior to the date of
issuance of the Authorization to Commence Works for each stage provided in the Staging
Plan, the Owner shall obtain the written approval of the Director of a ~chedule of Works
for such stage, and thereafter shall proceed to construct and install the Works, Utilities and
Services in such stage in compliance with the approved Schedule of Works, and any
amendment(s) thereto which may be approved by the Director.
5.9 Approval of Works Cost Estimates and Sta2e 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
submitted by the Owner to the Director for his consideration and if appropriate his
approval. Mter approval, the Works Cost Estimate shall be entered for the Owner and the
Town by the Director in Schedule "J" hereto whereupon it shall replace the content of
Schedule "J" for all of the purposes of this Agreement If a Staging Plan has been approved
pursuant to paragraph 5.7, prior to the issuance of an Authorization to Commence Works
in that stage the Owner agrees that the estimated costs of construction and installation of
the Works for each stage in question, (the "Stage Cost Estimates"), shall be submitted by
the Owner to the Director for his consideration and if appropriate his approval. Mter
approval the Stage Cost Estimates shall be entered for the Owner and the Town by the
Director in Schedule "J".
5.10 Reauirements 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
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satisfying all 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 final Plan of Subdivision of the Lands has been approved by the Region
pursuant to the Planning Act;
(b) the final Plan of Subdivision of the Lands has been registered against the title
to the Lands;
(c) the Owner has delivered to the Town (1) a copy(s) of this Agreement as
registered against the title to the Lands; (2) a copy(s) of the registered Plan
of Subdivision of the Lands; and (3) a copy(s) of the other Agreement(s)
referred to in paragraph 2.3 of this Agreement;
(d) the Owner has paid to the Town any monies required by paragraphs 3.1, 3.2,
3.3 and 3.4 of this Agreement;
(e) the Owner has delivered the transfers of easements to the Town in
accordance with paragraph 2.4 of this Agreement;
(f) the Owner has delivered to the Town transfers of the lands and paid the
required cash in accordance with paragraphs 2.5, 2.6 and 4.12(4) of this
Agreement, and such transfers have been registered against the title to the
appropriate portions of the Lands;
(g) the Owner has delivered to the Town letters signed on behalf of the authority
authorities or companies having jurisdiction with respect to the Utilities and
Services that are referred to in Schedule "R" 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;
(h) the Owner has retained the Owner's Engineer in compliance with paragraph
5.3(1), has provided the name, telefax number and address of the Owner's
Engineer to the Director in writing, has provided the Director with the written
acknowledgement and permission of the Owner's Engineer as required by
paragraph 5.5(2), and has provided the Director with the Owner's Engineer's
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written undertaking that they or it-will comply with the provisions of Schedule
"I" of this Agreement;
(i) the Owner has been given the written approval of the Director of the
Engineering Drawings as required by paragraph 5.5 of this Agreement;
(j) the Owner has been given the written approvals of the Director of Planning
and Development, Director of Public Works and Director of Community
Services of the Tree Preservation Plan as required by paragraph 4.1 of this
Agreement.
(k) the Owner has received written approvals of the Director of Planning and the
Director of Public Works of the Landscape Plan as required by paragraph 4.2
of this Agreement;
(I) the Owner has received the written approval of the Director of the Grading
and Drainage Plan required by paragraph 5.6 of this Agreement;
(m) the Owner has received the written approvals of the Director of Public Works
and the Director of Planning of the Staging Plan as provided in paragraph 5.7
of this Agreement;
(n) the Owner has received the written approval of the Director of the Schedule
of Works as required by paragraph 5.8 of this Agreement;
(0) the Owner has received the written approval of the Director to the Works
Cost Estimates or the Stage Cost Estimates as required by paragraph 5.9 of
this Agreement;
(p) 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;
(q) the Owner has deposited with the Town's Treasurer all policies of insurance
or proof thereof required by and in accordance with paragraph 3.9 and
Schedule "K" of this Agreement;
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(r) 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
Authorizati'on to Commence Works;
(s) the Owner has deposited with the Director written approval of all relevant
approving agencies including the Ministry of the Environment, the Ministry
of Natural Resources, the Region and the Central Lake Ontario Conservation
Authority with respect to the Works;
(t) the Owner has deposited with the Director its written undertaking to provide
the Director without cost with a copy of the contract documents, names and
addresses of all contractors, sub-contractors and suppliers of services and
materials, and copies of all sub-contracts and supply contracts relating to the
construction and installation of the Works for which the application for
Authorization to Commence Works is made, forthwith after written notice is
given by the Director to the Owner to provide any or all of the aforesaid
material; and
(u) the Owner has been given the written approvals of the Director of Planning
and Development, Director of Public Works and Director of Community
Services as required by.paragraph 4.12 of this Agreement.
(2) Notwithstanding the provisions of paragraph 5.10(1), the Owner may commence the
construction and installation of the Works with the written approval of the Director
prior to the registration of the Plan of Subdivision referred to in paragraph
5.1O(I)(b), provided that the requirements of clauses 5.1O(1)(d), (g), (h), (i), (j), (k),
(I), (m), (n), (0), (p), (q), (r), (s), (t) and (u) have been satisfied by the Owner and
the lands and easements considered by the Director to be necessary to accommodate
the Works and all components thereof have been transferred to the Town. In such
a case, however, a Certificate of Completion of the Works, shall not be issued by the
Director until a Plan of Subdivision of the Lands has been registered against the title
to the Lands and all the other requirements of this Agreement respecting the
issuance of a Certificate of Completion have been satisfied. Notwithstanding the
approval of the Director under this paragraph 5.10(2), the Owner agrees with the
Town that the construction or installation of any of the Works pursuant to paragraph
5.10(1), if undertaken, shall be undertaken at the sole risk of the Owner and the
Owner hereby waives any right that he might have to compensation by or damages
from the Town that he might otherwise have as a result of its construction and
installation of any of the Works.
.
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5.11 Requirements for Commencement of-Subsequent Sta2es of Works
If the Director has approved a Staging Plan for the Lands, the Owner shall require
an Authorization to Commence Works for each stage defined in the Staging Plan.
5.12 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 may give the Owner a written order to stop the
construction or installation of any of the Works that is being undertaken by giving written
notice either to the Owner or to the Owner's Engineer to that effect if in the Director's
opinion either (1) the Works are not being undertaken such that a completed construction
and installation of all the Works satisfactory to the Town in accordance with this Agreement
will result, or (2) the Performance Guarantee and the Security for the Maintenance
Guarantee required to be provided pursuant to this Agreement in respect of the Works has
not been deposited or is not maintained in good standing. The Owner shall comply with the
stop work order forthwith -after it is given by the Director in accordance with this paragraph
5.12 by requiring the Owner's contractor and sub-contractors who are constructing and
installing the Works or components thereof in question and are referenced in the order to
comply with it forthwith. A stop work order may be given to the Owner by giving to its
Owner's Engineer by personal service on the Owner's Engineer or any representative of the
Owner's Engineer, by prepaid first class post addressed to the Owner's Engineer, or by
telefax to the Owner's Engineer at the address and telefax number referred to in paragraph
5.3(1) or 5.3(2), whichever is applicable.
5.13 Construction in Accordance with En2ineerin2 Drawin2s
(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 a Certificate of Acceptance of all Works contemplated in this Agreement
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has been issued as provided for by this Agreement. 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
'Yithin 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 Additional Work
Until the conclusion of the Maintenance Guarantee Period referable thereto, if in
the opinion of the Director, any incidental additional work is required to provide for the
adequate operation, functioning and maintenance of any of the Works, the Owner, at its
cost, shall 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) Without derogating from the other provisions of this Agreement, if, in the opinion
of the Director, (1) 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 or
they will be completed within the time specified for such completion in the Schedule
of Works, or (2) the Works or any component(s) thereof are being improperly
constructed or installed, or (3) the Owner neglects or abandons the said Works or
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any part of them before completion, or (4) unreasonable delay occurs fn the
construction or installation of the Works, or (5) 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 (6) the Owner neglects or refuses to reconstruct
or reinstall any of the Works or component(s) thereof which may be rejected by the
Director as being defective, deficient or unsuitable, or (7) the Owner otherwise
defaults in performance of this Agreement, then in any such case after first receiving
authorization to do so by the Town Council, the Director may give the Owner notice
in writing of his opinion respecting any such matter. Following the later to occur of
the expiry of ten (10) business days, exCluding Saturdays and Sundays and statutory
holidays following the giving of such notice plus the expiry of any 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 engage a contractor, supplier of services or
materials and such workmen, and purchase such services, supplies and/or services as
in the opinion of the Director are required for the completion of the construction
and installation of the Works and all components thereof and the performance of all
covenants of the Owner relating to the Work~ as provided by this Agreement. In
cases of an emergency or urgency, or in order to preserve the integrity of the Works
or any component thereof as determined by the Director in his absolute discretion,
any deficiency(s) or defect(s) in the Works, and any failure to complete the Works
and all components thereof in accordance with this Agreement may be corrected,
remedied or completed by the Town its contractors, suppliers and employees at the
cost 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 of his
determination as aforesaid, describing the action taken by the Director, and the cost
of correcting or remedying the deficiency or default in question or the cost of
completing the Works and the components thereof, as the case may be. For the
purposes of this paragraph 5.17(1) the cost of any work which the Town undertakes
under this paragraph 5.17(1) shall be determined by the Director in his absolute
discretion. It is understood and agreed by the Parties that the costs for which the
Owner is responsible under this paragraph 5.17(1) shall include a management fee
payable 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 correct or
remedy the deficiencies or defect or to complete the Works and all components
thereof as the case may be. The Owner shall pay the Town an amount equal to the
cost of all Works and components thereof, and the cost of correcting or remedying
all deficiencies and defects referred to in this paragraph 5.17(1) which have been
incurred by the Town or are estimated in the Director's absolute discretion to be
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likely to be incurred by the Town forthwith after the Director gives the Owner
written demand for payment of such cost. If the amount paid is based on the
Director's estimate as aforesaid, forthwith after actual costs are known the Director
shall give the Owner written notice thereof. If the actual costs are more than the
estimated costs, the Owner shall forthwith pay the Town an amount equal to the
difference between them. If the actual costs are less than the estimated costs, the
Town shall forthwith refund the difference between them to the Owner.
(2) In the event that (1) a claim for a lien in respect of the Works or any component
thereof is registered against the title to any land vested or which should have been
vested in the Town or is filed with the Town, or (2) the Town receives written notice
of a claim of an alleged beneficiary of a statutory trust under the Construction Lien
Act, such registration, filing or notice 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. If the Owner fails to discharge the lien or the claim as the
case may be withinten (10) business days, excluding Saturdays, Sundays and statutory
holidays, after the giving of such notice plus any further period of time as may be
specified in the notice, then the Town in its absolute discretion either may pay the
full amount of the claim and costs into a Court of competent jurisdiction, or may
discharge the claim by paying the same. The Town may draw on and appropriate the
whole or any portiones) of the Performance Guarantee and the Security for the
Maintenance Guarantee for the purpose of making payment under this paragraph
5.17(2). The Owner shall indemnify the Town against the costs and expense incurred
by the Town in making a payment pursuant to this paragraph 5.17(2) forthwith after
the Director gives the Owner written notice requiring him to do so. In the event that
the Town draws on and appropriates any portion of the Performance Guarantee or
the Security for the Maintenance Guarantee for any of the aforesaid purposes,
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 Acknowledeement Respectinl: Emer2ency etc. Repairs
The Owner acknowledges that if in cases of emergency or urgency or in order to
protect the integrity of the Works or any component thereof, the Director acts to correct,
remedy or repair any deficiency(s) or defect(s) in the Works, neither an entry on the Lands
or any portion of them nor any such action by the Director or any person authorized to
undertake the same by the Director shall be deemed to be an acceptance of any of the
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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 Damaee to Existine 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 or (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
after being given written notice by the Director requiring the Owner to undertake such
relocation.
5.20 Damaee to Neiehbourinl: Wells (Rural Applications Only)
(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 Rydrogeologist is first
approved by the Director. The draft Monitoring Program shall be submitted to the
Director for his consideration and approval. Mter the Monitoring Program has been
approved, it shall be implemented by the Rydrogeologist. 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 Rydrogeologist'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
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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 Di.rector, 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
Director, at no cost to the Town, forthwith after each of them is completed.
(3) If an Appropriate Authority 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 (Le. during the course of dewatering and excavation and within one
(1) month of the completion of dewatering), in the opinion of an Appropriate
Authority, 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 an Appropriate Authority 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 either (1) with the Region's approval shall connect
the affected party's property to the Region's water supply system, or (2) the
Owner shall provide a new well or private water system for such affected
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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
Appropriate Authority by written notice given to the Owner.
(4) Without derogating from the other provisions of this paragraph 5.20, 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 or an Appropriate Authority 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
its 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.
5.22 Maintenance of Roads after Completion
(1) In addition to any other requirement of this Agreement that the Owner maintain the
Works, if any building(s) on the Lands is occupied, the Owner, at the Owner's cost,
shall maintain each road(s), which is required to be constructed and provides access
to such building(s), 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;
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(b) during the course of construction and installation of the Works, Utilitie's and
Services pursuant to this Agreement, provide and maintain safe and adequate
access to all occupied buildings; and
(c) erect a sign to the satisfaction of the Director to indicate that the road(s) are
"unassumed road(s)" which the Town is not required by law to repair and
maintain.
(2) The Town agrees to snowplough and sand all paved road(s) shown on the registered
Plan of Subdivision of the Lands, for and on behalf of the Owner until the Certificate
of Completion of the Final Works has been issued, provided that until the date of
issuance of the aforesaid Certificate of Completion, 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 ta~en 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 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
to satisfying the other requirements of this Agreement respecting its issuance, a Certificate
of Completion shall not be issued until 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 has received all certificates and
confirmations from the Owner's Engineer as provided for in this Agreement.
5fo
Subdivision Agreement
Page 52
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 the
Works in question have been accepted ("the Certificate of Acceptance)". If the
requirements of this Agreement respecting the issuance of a Certificate of Acceptance of
the Initial Works, the Stormwater Management System and/or the Street Lighting System
have been satisfied, and without limiting the generality of the foregoing, if the Director is
of the opinion that the Works in question have been maintained in compliance with
paragraph 3.10 and all deficiencies and defects in such Works have been remedied and
corrected by the Owner on behalf of the Town, the Director shall provide the Owner with
a Certificate of Acceptance of the relevant Works. If the requirements of this Agreement
respecting the issuance of a Certificate of Acceptance of the Final Works have been
satisfied, and without limiting the generality of the foregoing, if the Director is of the
opinion that the Works in question have been maintained in accordance with paragraph 3.10
and all deficiencies and defects in such Works have been remedied and corrected by the
Owner, and the Director reports his opinion that such Works should be accepted by the
Town for the Town Council, Council may approve the report of the Director. Following
Council's approval of this report as aforesaid the Director may provide the Owner with a
Certificate of Acceptance of the Final Works.
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, ~ther 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 Lands, for which a Plan
of Subdivision has been registered. The Certificate of Release shall be in a form suitable
for registration or deposit in the proper Land Registry Office. In addition to the Owner
satisfying the other requirements of this Agreement respecting the issuance of a Certificate
of Release, the Certificate of Release shall not be issued until:
57
Subdivision Agreement
Page 53
(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 date of issuance of the
Certificate of Completion of the Final Works, he has found, placed or
replaced all standard iron bars shown on the registered final Plan of
Subdivision of the Lands 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 Used
5.28 Cost of 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 the Development Charge By-law, or in
any other manner, or for any other reason.
ARTICLE 6 . COMPLIANCE WITH REGULATIONS
In exercising its rights and in performing its covenants under this Agreement, the
Owner shall comply with all regulations and laws of general application and all by-laws of
the Town and the Region. Without limiting the generality of the foregoing, at all times the
Owner shall comply and cause all contractors, sub-contractors and suppliers of materials and
services in connection with the construction, installation and maintenance of the Works to
:5~
Subdivision Agreement
Page 54
comply with the provisions of the Occupational Health and Safety Act, and the Workers'
Compensation Act.
ARTICLE 7 . RESPONSIBILITY OF SUBSEOUENT OWNERS
Mter the issuance of the Certificate of Release, the Owner, its successors and assigns
as the owner of each lot(s) or block(s) on the final Plan of Subdivision registered against
the title to the Lands shall have the sole responsibility for the following which shall be
performed or undertaken at its cost:
(a) the provision and maintenance of adequate drainage of surface waters from
such lot(s) or block(s) in accordance with the approved Grading and Drainage
Plan referred to in paragraph 5.6 herein of this Agreement;
(b) compliance with the provisions of paragraph 4.6 "Requirements for Building
Permits" of this Agreement if, at the date of issuance of the Certificate of
Release, a building permit has not been issued for the lot(s) or block(s) in
question; and
( c) the maintenance of fencing required by Schedule "G" and paragraph 4.2.
ARTICLE 8 . TIME OF ESSENCE
Time is of the essence of this Agreement.
ARTICLE 9 . AUTHORITY TO MAKE AGREEMENT
The Owner acknowledges and agrees that the Town has authority to enter into this
Agreement, that every provision hereof is authorized by the 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 Owner as aforesaid.,
Subdivision Agreement
~J
Page 55
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and
seals the day and year first above written and the Parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND
DELIVERED
In the presence of:
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THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
290572 ONTARIO LIMITED
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. e::J"' w-PtVrv~ F ~(t Y Title:
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.:r~ A-v\..'1tW ({. 1'7" Y ro ~ ,'w-IJ
Name: ~ Title:
rlttb CO R.P6I<..A 7-r () IV
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SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed the 14th day of September, 1992.
LEGAL DESCRIPTION OF LANDS
All and singular that certain parcel of land and premises, situated, lying and being in the
Municipality of Clarington and the Regional Municipality of Durham, and being comprised
of Part of Lot 35, Concession 3 in the Municipality of Clarington, Regional Municipality of
Durham, now designated as Part 1 on plan of survey deposited in the Land Registry Office
for the Land Registry Division of Durham (No. 40) (the "Land Registry Office") on Plan
40R-14694.
b(
SCHEDULE "8"
THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has' been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed the 14th day of September, 1992.
.;
PLAN OF SUBDIVISION
(Insert reduction of Plan 18T-89115)
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DRAFT PLAN OF PROPOSED SUBDIVISION
PART OF lOT 35, CONCESSION 3
(FORMERLY THE TOWNSHIP OF DARLINGTON>
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
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CEOCR,PHIC'L TOWNSHIP or O'RLINCTOH.
now In t",_.
TOWN OF NEWCASTLE
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SCHEDULE "C"
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed the 14th day of September, 1992.
CHARGES AGAINST LANDS
(1) Municipal Taxes
(2) Local Improvement Charges
(3) Drainage Charges
(Paid prior to Execution)
(Paid prior to Execution)
(Paid prior to Execution)
0~
SCHEDULE "D"
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed the 14th day of September, 1992.
SCHEDULE OF PAYMENTS OF DEVELOPMENT CHARGES
Subject to paragraph 3.4(1) of this Agreement the Owner shall make the
following payments on account of Development Charges to the Town in respect of the
development of the Lands consisting of thirty-seven (37) single family dwellings on the
occasions set out below. Subject to the adjustments referred to in paragraph 3.4 (1) of this
Agreement the aggregate amount so payable is one hundred and eighty-two thousand, seven
hundred and eighty ($182,780.00) dollars.
(a) Twenty-five (25%) percent of the aforesaid aggregate amount being forty-five
thousand, six hundred and ninety-five dollars ($45,695.00) on the filing of an
application for a building permit for the first (1st) dwelling proposed to be
constructed on the Lands (the "First Application"), provided that if the
number of building permits for which applications are made in the first (1st)
year following the making of the First Application exceeds twenty-five (25%)
percent of the Total Dwellings, the Owner shall pay with each application for
a building permit for each additional dwelling a further amount equal to the
amount of the Development Charge imposed by the Development Charge By-
law for the additional dwelling or dwellings in question (the "First Excess
Payment").
(b) Twenty-five (25%) percent of the aforesaid aggregate amount being forty-five
thousand, six hundred and ninety-five dollars ($45,695.00) less an amount
equal to the First Excess Payment, if any, on the first (1st) anniversary of the
First Application, provided that if the number of building permits for which
applications are made in the first (1st) year following the making of the First
Application exceeds fifty (50%) percent of the Total Dwellings, the Owner
shall pay with each application for a building permit for each additional
dwelling a further amount equal to the amount of the Development Charge
imposed by the Development Charge By-law for the additional dwelling or
dwellings in question (the "Second Excess Payment").
(c) Twenty-five (25%) percent of the aforesaid aggregate amount being forty-five
thousand, six hundred and ninety-five dollars ($45,695.00) less an amount
equal to the aggregate of the First Excess Payment and the Second Excess
07
Schedule "D"
-2-
Payment, if any, on the second (2nd) anniversary of the First Application,
provided that if the number of building permits for which applications are
made in the second (20 year following the making of the First Application
exceeds seventy-five (75%) percent of the Total Dwellings, the Owner shall
pay with each application for a building permit for each additional dwelling
a further additional amount equal to the amount of the development charge
imposed by the Development Charge By-law for the additional dwelling or
dwellings in question (the "Third Excess Payment").
(d) Twenty-five (25%) percent of the aforesaid aggregate amount being forty-five
thousand, six hundred and ninety-five dollars ($45,695.00) less an amount
equal to the aggregate of the First Excess Payment, the Second Excess
Payment, and the Third Excess Payment, if any, on the third (3rd) anniversary
of the First Application.
6g
SCHEDULE "E"
THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed on the 14th day of September, 1992.
(1) On the execution of this Agreement, the Owner shall deliver to the Town transfers
of the following easements:
(a) Rear yard catchbasin and storm sewer:
- Parts 2 and 3 on Plan 40R
(Lots 11 and 12)
(b) Storm sewer route:
- Parts 4 and 5 on Plan 40R
(Lots 25 and 26)
(2) Easements for the rear yard catchbasins and storm sewers shall be perpetual in
duration.
(3) Without derogating from the other provisions of this Agreement, the Owner shall
transfer or cause to be transferred to the Town easements to accommodate any work
provided for in the Approved Engineering Drawings or the Reapproved Engineering
. Drawings in Lands located beyond the limits of the Lands as may be required by and
to the satisfaction of the Directory by notice given in writing to the Owner. the
Director shall determine the duration and terms of any such easements. The
transfers shall be prepared by the Owner at its cost, shall contain other provisions
satisfactory to the Town's solicitor, shall be made for a nominal consideration, and
shall be in registrable form. Paragraphs 2.4 and 2.6 shall apply in respect of transfers
with all necessary changes to them being considered to have been made to give effect
to the intent of this paragraph (3).
(4) The Owner shall transfer to the Town any turning circle(s) required by the conditions
of approval of the draft Plan of Subdivision in accordance with the Town's Design
Criteria and standard Drawings and shall construct and maintain sech turning circles
in accordance with the Town's Design and Standard Drawings. Such temporary
turning circles shall be shown in the 40M Plan as a block and shall be held by the
Town until the extension of Street Wabbokish Court as which time the block shall
be conveyed without charge to the Owners of the abutting lots.
Blocks 43 and 44
0/
<II
Schedule "E"
-2-
(5) Temporary turning circle easements shall be transferred to the Owner of the abutting
lots at such time as the temporary turning circle(s) is removed and the roadway
extended through for a nominal consideration.
(6) The Owner shall transfer or cause to be transferred to the Town any easements for
the disposal of storm water from the said Lands which are required by the Director
which are external to said Lands at no expense to the Town. The easements shall
be transferred to the Town forthwith after the Director gives the Owner written
notice of his requirements and the reasons therefore. Paragraphs 2.4 and 2.6 of this
Agreement shall apply with all necessary changes to them being considered to have
been made to give effect to the extent of this provision.
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I A(QUHt( T"'S P1..AN TO BE
DEPOSITED UNO~R THE
LAND TITLES &.CT.
PLAN <lOR-
RECEIVED AND OE!>>OSfTED
OATEI______
OATEI
LAIlIIO RECISTRAR fOff THE
lAND TITLES OIVISION Of
OJR....... fHO. 401
CAUTlONI lHt$ PL"'~ IS NOT " PLAN or SUBDIVlSlON W1THrl
TWE W[AMNC Of THE ~ANMNC ACT.
W. .J()HN 8URG
.,.. La" $UIWl"fOll
PART 1 . p.Jtr OF PARCE:.. 0&6- I. ~(CTlO~ 40"'-
PAj;ty Z . PAlotT Of ~AMCEI. t:-!. S..ECTtON .0\1..
p...T 3 .. p"", Of PARCEl. 12. I. SECTION ..OWl-
P....., 4 .. "ART CW P"'-CEl 2S. I. stCltOH .OM-
".RT S .. PANT Of PAftC(l 26- I. SECTION 40"-
PART 6 .. PART Of PAHC[1. ".. I. ~(CTION 4Qu-
PART 1 .. PART OF PARCEL .0- I. SECTION .OM-
PLAN OF SURVEY OF
PART OF BLOCK '16
ANO CO~P~EO PLAN OF
PART OF LOTS II. 12. 25 AND 26
AND PART OF BLOCKS 39 AND 40
REGISTERED PLAN 40M-
TOWN OF NEWCASTLE
REGIONAL ~UNICIPALtTY OF OURHA~
SCAtE I I 7~O
t~ 0 l~ JC
W. JOHN BURG. O.L.S.. 1992
5CHEO<A.[
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NOTES I AS TO PART I ,
8(ARlNGS ARE ...STRONOaMC .t.JlfO AJt[ ttEFEAAED TO THE
.ESTERLY t..IWIT Of I/.utCO( AO.C .S SMO.~ ON "l.'"
4OU. ..."tNG .. 8€A_~ OF N1I-)t' .)O"'W,
SUA'lEY IlIONJU[IIfT P\......YEO _ _ __ _ _ _ _ -0--
SURVEY UONUu(NT te>..JNO . _ _ _ _ _ _ _ .....-
srAH!)AfIO IAC)JrII &AA _ _ _ _.L _ _ _ _ S'~
IRON 8.... ______.-,,;_____ 't!
tit(GfS,TEMO PL..A~ 4ON- _ _ _ _ _ _ _ ~
.lTNESS _____________ 111.-
NOTES I AS TO PARTS 2,),',5.. >NO T I
AU. PARTS S..oWN H(R(OH "A'I( ... P€RP[NOtCULA" .noTt'!
.S ~... .. THE SCHEDULE .NO ..lit[ wHOU.. Y CONY AIN[O
.n.... TME U"IT5 Of TtotE UNCERl'f'1NC LOTS OA kOCkS.
SURVEYOR'S CERTlFlCA TE
t A~ TO pAilT , J
I CUlT..., THAT.
I. THIS SURYET ANO ~AN Aft( COfIIttIlI[CT .aNO ...
ACCOROAHCE _n... T~ SURVETS ACT 4NO TME LAND
TITLES "CT ANO TM[ RECULA TJQHS ..AO( TH(MUNOEA.
1. Tt4E SURVEY ..s COtlPLETEC OM THE OU' Of
OATE .
WoO .IOMN BURe
.,..- L_ 1UINl9CIII
SURVEYOR'S CERTFlCA TE
r...S TO PutTS z.. 3. 4. s.." AHO ., .
I C[fIIT'FY 1MA T THfS Pl.AN IS AN ACCURA T( COW"I.... TlON
IAS(.O ON OAT. DEMYEO FROM A€CilSTlflfO Pl..'" 4C)M-
OA TEo
_. ..... 8UIlG
....... /".... .....,..
OONEVAN FLEISCHt.AANN PETRICH LTD.
OMT ARlO LAND SLltVE YORS
I))) THOllNTON 110>0 SOUTH PlCoE_ COIIP, CEHTAE
WTE2 ~~ LW~2
OSH..... LU IC4 ced1UL.... emco
T2S-'7~. 58)-)701 ."-1593
0-._ .... ...... 04.c.u.o .., ....0. U.lol t ..'" AI.... SIOtO
7/
SCHEDULE "F"
THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed on the 14th day of September, 1992.
LANDS TO BE TRANSFERRED TO TOWN AND/OR CASH TO BE PAID
IN LIEU THEREOF
(1) 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 land shown on the 40M Plan:
(a) Blocks 45
- stormwater management facility access
(b) Block 46
- stormwater management facility
- open space
- valley lands
(c) Blocks 47 to 53 inclusive
- 0.3 m Reserve
(2) Cash in Lieu of Lands for Park or Other Public Recreational PUl:poses
On the execution of this Agreement, the Owner shall pay to the Town, as cash in lieu
of the dedication by the Owner to the Town of lands for park or other public recreational
purposes, the amount of five (5%) percent of the market value of the Lands which the
Owner and the Town hereby acknowledge and agree to be properly calculated at the rate
of (5%) percent applied against the sum of two hundred seventy-nine thousand dollars
($279,000.00).
7c2
SCHEDULE "G"
THIS SCHEDULE IS SCHEDULE "G" to the Agreement which haS been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed on the 14th day of September, 1992.
WORKS REQUIRED
The Owner shall construct, install, supervise and maintain the following Works, including
all connections, alternations, adjustments and transitions required to suit existing systems or
lands in accordance with the Town's Design Criteria and Standard Drawings, and the
Engineering Drawings, all to the approval of the Director:
(l)(a)
(b)
(c)
(d)
A storm sewer system for the removal of upstream storm water and storm
water originating within the said Lands, including storm sewer mains and
connections, manholes, service connections, catchbasins and rear yard
catchbasins and leads, open channels, storm outfalls and structures and any
other appurtenances and oversizing as may be required (the "Storm Sewer
System").
A stormwater management system consistent with the "Master Drainage Plan",
complete with overland flow routes, detention and retention facilities, quality
control devices, outlets, erosion and sedimentation control measures and any
other necessary facilities as required (the "Stormwater Management System").
A road system with accommodates the servicing of the Lands, providing for
all vehicular and pedestrian traffic and access to all lots and blocks within the
Lands, including the removal or installation of turning circles, and the Works
required within the road, including suitable subgrade, subbase and base
granular materials, subdrains, base and top stage curbs and gutters, base and
surface asphalt, traffic control and street name signs and sidewalks and all
streetscape components including street trees, boulevard topsoil and sodding,
street lighting, gravel driveway aprons, and where sidewalks exist, gravel
driveway aprons with paved surfaces between curb and sidewalk (the "Road
System").
A street lighting system which provides illumination of roads and walkways to
serve the said Lands including all connections, energy and maintenance costs,
appurtenant apparatus and equipment, in the locations as approved by the
Director (the "Street Lighting System").
73
Schedule "G" -2-
(e) Related Works including grading, landscaping, fencing, noise attenuation
measures, walkways (including lighting) and other miscellaneous Works shown
on the Engineering Drawings and Grading and Drainage Plan (the "Related
Works")
PHASING OF THE WORKS
The Works shall be divided into the following stages, unless approved by the Director:
(2) INITIAL WORKS
storm sewer system including all appurtenances;
initial roadworks including subgrade, subbase and base granular materials, subdrains,
base curbs, base asphalt, traffic control and street name signs of the Road System;
and
grading and siltation control (collectively called the "Initial Works").
(3) STORMWATER MANAGEMENT SYSTEM
(4) STREET LIGHTING SYSTEM
(5) FINAL WORKS
final roadworks including top curbs and gutters, surface asphalt, sidewalks, street
trees, boulevard topsoil and sodding and driveway aprons of the Road System; and
landscaping works, fencing, walkways and any remaining works not outlined in
paragraphs (2), (3) and (4) of Schedule "G".
7'-1
SCHEDULE "H"
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has' been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed on the 14th day of September, 1992.
UTILITIES AND SERVICES REOUIRED
1. ELECTRICAL SUPPLY SYSTEM
The 'Owner shall arrange with the appropriate authority having jurisdiction for the
design, provision and installation of an electrical supply system to serve the Lands, in the
locations as approved by the Director. All electrical services are to be installed
underground.
The Owner shall also make any necessary arrangements with any T.V. Cable
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. The Owner shall furnish written evidence satisfactory to the
Director that such arrangements have been made prior to the issuance of any
Authorization to Commence Works.
3. TELEPHONE SYSTEM
The Owner shall arrange with Community Telephone Limited and/or Bell Canada
for the design, provision and installation of a telephone system to serve the said Lands,
as approved by the Director. All telephone services are to be installed underground.
75'
Schedule "H"
-2-
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 Plan of Subdivision for the design, provision
and installation of a complete cable television distribution system to serve the said
Lands. All cable television services are to be installed underground.
6. MAIL DISTRIBUTION SYSTEM
The Owner shall arrange with Canada Post for the provision and installation of a
mail distribution system to service the said Lands, in the location as approved by the
Director.
7{o
SCHEDULE "I"
THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has' been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed on the 14th day of September, 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 Estimates; and
(g) the Stage Cost Estimates.
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;
77
Schedule "I" -2-
(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 as-constructed drawings required by the Director
and submit the same to the Director for his approval.
7t
SCHEDULE ".I"
THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been
authorized and approved By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed on the 14th day of September, 1992.
WORKS COST ESTIMATES
1. INITIAL WORKS
a. Storm Sewer System $ 161,203.00
b. Initial Roadworks $ 115,190.00
c. Grading and Siltation Control $ 44,725.00
2. STORMWATER MANAGEMENT SYSTEM $ 60,070.00
3. STREET LIGHTING SYSTEM $ 9,600.00
4. FINAL WORKS
a. Final Roadworks $ 81,746.00
b. Boulevard and Driveway Works $ 33,615.00
c. Street Trees $ 14,000.00
Sub-total $ 520,140.00
5% Contingency Allowance $ 26,007.45
Sub-total $ 546,156.45
10% Engineering Allowance $ 54.615.65
Sub-total $ 600,772.10
G.S.T. Allowance $ 42.054.05
Total Estimated Cost of Services: $ 642,826.15
Total Value of Performance Guarantee: $ 642.826.15
7?
Schedule "J"
-2-
SUBSEOUENT STAGES
PERFORMANCE GUARANTEE
The Performance Guarantee for the Works shall be based on the preliminary
Works Cost Estimates which have been submitted 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
Works Cost Estimates for the construction and installation of Works shall be prepared by
the Owner's Engineer and submitted to the Director for approval. The revised Works Cost
Estimates shall be used as a basis to adjust the Performance Guarantee, in the event of an
increase or decrease in the Works Cost Estimates.
fo
SCHEDULE "K"
THIS SCHEDULE IS SCHEDULE ilK" to the Agreement which haS been
authorized and approved by-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed the 14th day of September, 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 results 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, Utilities and Services
pertaining thereto.
f(
Schedule "K"
-2-
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.
~c:2
SCHEDULE "L"
THIS SCHEDULE IS SCHEDULE "L" to the Agreement which haS been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed on the 14th day of September, 1992.
REGULATIONS FOR CONSTRUCTION
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 CONSTRUCTION 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.
P3
~
Schedule "L"
-2-
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
direct/ion of the Director. The costs of such tests shall be paid by the Owner.
6. MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS
During this Agreement the Owner at all times shall 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. If damaged, the Owner agrees to restore immediately,
and at its own expense, such road to a condition equal to that existing at the time of
such damage and to the approval of the Director. No public road outside the limits
of the said Lands shall be closed without the prior written approval of the authority
having jurisdiction over such public road. The Owner 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.
Schedule "L"
-3-
8. WEED AND RAT CONTROL
Mter the commencement of construction, the Owner shall institute upon the
Lands a program of weed and rat control to the satisfaction of the Director.
~i
f5
SCHEDULE "M"
THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed on the 14th day of September, 1992.
USE OF THE LANDS
The Owner agrees that the said Lands shall not be used for the purpose other
than as set out in the following table:
LOT OR BLOCK NUMBER
ON 40M PLAN
PERMITTED LAND USE
Lots 1 to 37 inclusive
Residential single family dwellings
Block 45
Walkway
Block 46
Open space (valley lands)
Blocks 38 to 42 inclusive
-Future Residential Developments,
Blocks 38, 41 and 42 to be
developed with adjacent lands; all
blocks to be maintained by the
Owner in a reasonable condition
until development takes place.
-Future development will require
payment of required development
charge levies prior to issuance of
building permits.
-Development of Blocks 39, 40, 41,
42, 43 and 44 will require the
extension of Wabbokish Court to
the satisfaction of the Director of
Public Works. Additionally, the
Owner shall be responsible for
removal of the temporary turning
circle before building permits are
Schedule "M"
-2-
issued for the construction of
buildings on Blocks 43 and 44.
5b
r;'7
SCHEDULE "N"
THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed on the 14th day of September, 1992.
LANDS UNSUITABLE FOR BUILDING
The Owner agrees that no application will be made for a building permit for
the erection of any structure on the Lands listed in the following table, until the conditions
listed in the following table have been satisfied to the approval of the Director of Public
Works and/or any other Authorities having jurisdiction.
LOT OR BLOCK NUMBER
ON 40M PLAN
LAND USE
Blocks 38 to 44 inclusive
See Schedule "M"
6'f
'.
SCHEDULE "0"
THIS SCHEDULE IS SCHEDULE "0" to the Agreement which haS been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed on the 14th day of September, 1992.
LAND REQUIRING SITE PLAN APPROVAL
The Owner shall not make or permit or offer any person(s) to make an
application for a building permit for the erection of any building or structure on any of the
lands listed in the following table until a Site Plan Agreement has been entered into with
the Town and the building permit complies in all respects with the terms of the Site Plan
Agreement.
LOT OR BLOCK NUMBER
ON 40M PLAN
NOT APPLICABLE
rJi
SCHEDULE "Q"
THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed on the 14th day of September, 1992.
CONSERVATION AUTHORI1Y'S WORKS
1. That the Zoning By-Law referred to in Draft Condition 11 shall contain the
appropriate provisions to restrict any building or structure, other than those necessary
for flood or erosion control, on Block 49 to the satisfaction of the Central Lake
Ontario Conservation Authority.
2. That prior to the commencement of site preparation, including any filling, grading
or alteration to a watercourse, the Owner shall obtain Central Lake Ontario
Conservation authority approval of a site grading and erosion control plan, which
indicates 100-year overland flow routing for the site and provides for the on-site
containment of sediment.
3. That prior to final approval of the plan, the Owner shall obtain Central Lake Ontario
Conservation Authority approval of:
a. a storm water management plan for the site which fulfills the
intent of the Courtice Storm Water Management Study; and
b. an erosion control and slope stability report, which assesses the
potential erosion problems within Block 49 and recommends
appropriate remedial measures.
4.
a.
That the Owner agrees to carry out, or cause to be carried out,
to the satisfaction of the Central Lake Ontario Conservation
Authority, the recommendations referred to in the report
required in Condition 3 above.
b. That the Owner agrees to carry out, or cause to be carried out,
to the satisfaction of the Central Lake Ontario Conservation
Authority, site grading, sediment control and major storm
overland flow routing.
7'6
SCHEDULE "R"
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has' been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed on the 14th day of September, 1992.
ENGINEERING AND INSPECTION FEES
Estimated Cost of Works
Fees
Up to $100,000.00
4% to a maximum of $4,000.00
$100,000.00 to $500,000.00
$4,000.00 or 3.5% of the estimated cost of services -
whichever is greater
$500,000.00 to $1,000,000.00
$17,500.00 or 3% of the estimated cost of services -
whichever is greater
$1,000,000.00 to $2,000,000.00
$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.
7/
SCHEDULE "S"
TIllS SCHEDULE IS SCHEDULE "S" to the Agreement which has' been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed on the 14th day of September, 1992
REGION'S CONDITIONS OF APPROVAL DATED NOVEMBER 1. 1991 AS AMENDED
ON NOVEMBER 29, 1991
1. That this approval applies to draft plan of subdivision 18T-89115, prepared by D.G.
Biddle and Associates Ltd., identified as project number 88086, dated (revised) May
1991, which illustrates 39 lots for single detached dwellings, a block for Open Space,
a block for a walkway, and various blocks for reserves and future development.
2. That the road allowances included in this draft plan shall be dedicated as public
highways.
3. That the road allowances included in this draft plan shall be named to the
satisfaction of the Regional Municipality of Durham and the Municipality of
Clarington.
4. That 0.3 metre reserves, shown as Blocks 42, 45, 47 and 50 on the draft plan, shall
be conveyed to the Municipality of Clarington.
5. That a temporary turning circle be constructed at the east limit of Street 'A' and that
lots 20 and 31 not be developed until such time as development proceeds to the
north.
6. That the Owner shall convey land to the Municipality of Clarington for park or other
public recreational purposes, in accordance with The Planning Act, as amended.
Alternatively, the municipality may accept cash-in-lieu of such conveyance.
7. That the Owner shall submit a Tree Preservation Plan to the Municipality of
Clarington for review and approval.
8. That the Owner shall submit a Landscaping Plan, in conformity with the Town's
design criteria, as amended from time to time, to the Municipality of Clarington for
review and approval.
9. That the Owner shall submit a Master Drainage and Lot Grading Plan, in conformity
with the Town's design criteria, as amended from time to time, to the Municipality
of Clarington for review and approval.
10. That the Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities.
11. That the land uses shown on the approved draft plan shall be placed in appropriate
zoning categories in a Zoning By-law passed by the Council of the Municipality of
Clarington.
12. That the Zoning By-law referred to in Condition 11 shall contain the appropriate
provisions to restrict any building or structure, other than those necessary for flood
or erosion control, on Block 49 to the satisfaction of the Central Lake Ontario
Conservation Authority.
13. That Block 48 (walkway) and Block 49 (open space) shall be conveyed to the
Municipality of Clarington.
7~
Schedule "S"
-2-
14. That prior to the commencement of site preparation, including any filling, grading
or alteration to a watercourse, the Owner shall obtain Central Lake Ontario
Conservation Authority approval of a site grading and erosion control plan, which
indicates 100-year overland flow routing for the site and provides for the on-site
containment of sediment.
15. That prior to final approval of the plan, the Owner shall obtain Central Lake Ontario
Conservation Authority approval of:
(a) a storm water management plan for the site which fulfills the intent of the
Courtice Storm Water Management Study; and
(b) an erosion control and slope stability report, which assesses the potential
erosion problems within Block 49 and recommends appropriate remedial
measures.
16. That prior to final registration of the plan of subdivision and anyon-site grading or
construction, the Owner shall submit to the Ministry of Natural Resources for review
and approval the reports describing:
(a) the intended means of conveying stormwater flow from the site, including use
of stormwater management techniques which are appropriate and in
accordance with the provincial "Urban Drainage and Design Guidelines",
April 1987;'
(b) the anticipated impact of the development on water quality, as it relates to
fish and wildlife habitat once adequate protective measures have been taken;
(c) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction.
(d) site soil conditions, including grain size distribution profiles; and
(e) site grading plans.
17.
(a) That the Owner shall submit detailed plans to the Ministry of Natural
Resources regarding alterations to the watercourse. Any proposed alterations
require application under the Lakes and Rivers Improvement Act for review
and approval by this Ministry.
(b) That prior to any grading or construction on site, the Owner shall erect a
snow fence barrier with geotextile fabric along the rear of Block 40, lots 14 -
20 and lots 24 - 31. No disposal of fill or disturbance of vegetation shall
occur beyond this point during the entire construction period.
18. That the Owner shall provide for the extension of such sanitary sewer and water
supply facilities which are external to, as well as within, the limits of this plan that
are required to service this plan. In addition, the Owner shall provide for the
extension of sanitary sewer and water supply facilities within the limits of the plan
which are required to service other developments external to this subdivision. Such
sanitary sewer and water supply facilities are to be designed and constructed
according to the standards and requirements of the Regional Municipality of
Durham. All arrangements, financial and otherwise, for said extensions are to be
made to the satisfaction of the Regional Municipality of Durham, and are to be
completed prior to final approval of this plan.
73
Schedule "SIt
-3-
19. That prior to entering into a subdivision agreement, the Regional Municipality of
Durham shall be satisfied that adequate water pollution control plant and water
supply plant capacities are available to the proposed subdivision.
20. That prior to final approval of this plan, the Owner shall satisfy all requirements,
financial and otherwise, of the Municipality of Clarington. This shall include, among
other matters, the execution of a subdivision agreement between the Owner and the
Municipality of Clarington (concerning) drainage and other local services.
21. That prior to final approval of this plan, the Owner shall satisfy all requirements,
financial and otherwise, of the Regional Municipality of Durham. This shall include,
among other matters, the execution of a subdivision agreement between the Owner
and the Region concerning the provision and installation of sanitary sewers, water
supply, roads and other regional services.
22. That the subdivision agreement between the Owner and the Municipality of
Clarington shall contain, among other matters, the following provisions:
(a) That the Owner agrees to carry out, or cause to be carried out, to the
satisfaction of the Central Lake Ontario Conservation Authority, the
recommendations referred to in the report required in Condition 15.
(b) That the Owner agrees to carry out, or cause to be carried out, to the
satisfaction of the Central Lake Ontario Conservation Authority, site grading,
sediment control and major storm overland flow routing.
(c) That the Owner agrees to, prior to the initiation of any grading or
construction, erect a snow fence barrier with geotextile fabric along the rear
of Block 40, lots 14 - 20 and lots 24 - 31. No disposal or fill or disturbance
of vegetation should occur beyond this point during the entire construction
period as referred to in Condition 17(b).
(d) That the Owner agrees to implement to the satisfaction of the Ministry of
Natural Resources, the works referred to in Conditions 16 and 17(a).
(e) That the Owner agrees to maintain all stormwater management and erosion
and sedimentation control structures operating and in good repair during the
construction period, in a manner satisfactory to the Ministry of Natural
Resources.
(f) That the Owner agrees to notify the Lindsay district office of the Ministry of
Natural Resources at least 48 hours prior to the initiation of anyon-site
development.
(g) That the Owner agrees to insert the following clause into the agreement of
purchase and sale for each lot:
"That all students who attend S.T. Worden Public
School will be expected to walk to school in the
morning and afternoon; noon transportation only
will be provided."
23. That prior to final approval of this plan for registration, the Commissioner of
Planning for the Regional Municipality of Durham shall be advised in writing by:
(a) The Municipality of Clarington, how Conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
13 and 20 have been satisfied;
91
Schedule "S" -4-
(b) The Central Lake Ontario Conservation Authority, how Conditions 12, 14, 15,
22(a) and 22(b) have been satisfied;
(c) The Ministry of Natural Resources, how Conditions 16, 17, 22(c), 22(d),22(e)
and 22(f) have been satisfied.
(d) The Northumberland and Newcastle Board of Education, how Condition 22(g)
has been satisfied.
95
SCHEDULE "1'"
THIS SCHEDULE IS SCHEDULE "1'" to the Agreement which has' been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed on the 14th day of September, 1992.
TREE PRESERVATION PLAN
(See Attached)
Y6
SCHEDULE "UN
THIS SCHEDULE IS SCHEDULE "UN to the Agreement which has' been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed on the 14th day of September, 1992.
LANDSCAPING PLAN
(See Attached)
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HENRY KORTEKAAS .t
ASSOCIATES...
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SCHEDULE "V"
THIS 'SCHEDULE IS SCHEDULE "V" to the Agreement which has been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed on the 14th day of September, 1992.
REOUIREMENTS OF OTHER AGENCIES
A. MINISTRY OF NATURAL RESOURCES
(1) That prior to final registration of the plan of subdivision and anyon-site grading or
construction, the Owner shall submit to the Ministry of Natural Resources for review
and approval the reports describing:
(a) the intended means of conveying stormwater flow from the site, including use
of stormwater management techniques which are appropriate and in
accordance with the provincial "Urban Drainage and Design Guidelines",
April 1987;
(b) the anticipated impact of the development on water quality, as it relates to
fish and wildlife habitat once adequate protective measures have been taken;
(c) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction.
(d) site soil conditions, including grain size distribution profiles; and
(e) site grading plans.
(2) That the Owner shall submit detailed plans to the Ministry of Natural Resources
regarding alterations to the watercourse. Any proposed alterations require
application under the Lakes and Rivers Improvement Act for review and approval
by this Ministry.
(3) That prior to any grading or construction on site, the Owner shall erect a snow fence
barrier with geotextile fabric along the rear of Block 40, lots 14 - 20 and lots 24 - 31.
No disposal of fill or disturbance of vegetation shall occur beyond this point during
the entire construction period.
(4) That the Owner agrees to, prior to the initiation of any grading or construction on
site, erect a snow fence barrier with geotextile fabric along the rear of Block 40, lots
14 - 20 and lots 24 - 31. No disposal of fill or disturbance of vegetation shall occur
beyond this point during the entire construction period as referred to in Condition
3 above.
(5) That the Owner agrees to implement to the satisfaction of the Ministry of Natural
Resources, the works referred to in Conditions 1 and 3 above.
(6) That the Owner agrees to maintain all stormwater management and erosion and
sedimentation control structures operating and in good repair during the construction
period, in a manner satisfactory to the Ministry of Natural Resources.
(7) That the Owner agrees to notify the Lindsay district office of the Ministry of Natural
Resources at least 48 hours prior to the initiation of anyon-site development.
1m
..
Schedule "V"
-2-
B. NORTHUMBERLAND AND NEWCASTLE BOARD OF EDUCATION
(1) That the Owner agrees to insert the following clause into the agreement of purchase
and sale for each lot:
''That all students who attend S.T. Worden Public School will be
expected to walk to school in the morning and afternoon; noon
transportation only will be provided."
/0/
" .
SCHEDULE "W"
THIS SCHEDULE IS SCHEDULE "W" to the Agreement which has been
authorized and approved by By-law No. 92-196 of the Corporation of the Municipality of
Clarington, enacted and passed on the 14th day of September, 1992.
ARCHITECTURAL CONTROL STANDARDS
All dwellings to be erected on the said Lands shall satisfy the following
architectural control standards:
1. EXTERNAL MATERIALS:
(a) Exterior construction must be a minimum of forty (40%) percent masonry products
excluding stucco and concrete blocks. No substitution is allowed except by written
permission of the Director of Planning and Development.
(b) Dwellings sited at corners require full height masonry products on all elevations.
2. COLOURS:
(a) Colours of bricks, siding, roofs and trims must be compatible and in harmony such
as earth tone range, pastel range, grey/black range etc.
(b) Where bricks are used, coloured mortar is required.
(c) Accent colour bricks for brick detailing is permitted provided if used consistently in
group of dwellings.,
(d) Colour of caulking around metal flashing or windows is required to match colour of
brick or siding.
3. REPETITION OF ELEVATIONS AND S1YLES:
(a) Any two (2) dwellings abutting each other must exhibit a minimum of twenty-five
(25%) percent exterior variations in elevations or colour schedule.
(b) Dwellings of identical elevation and/or colour schedule must be separated by a
minimum of four (4) lots.
, ,
/O~
$
Schedule "W"
-2-
(c) Dwellings which mimic the influence of a particular architectural influence (eg.
Georgian, Colonial, Spanish) are permitted only if constructed in a group reflecting
the same architectural influence.
4. OTHERS:
(a) All metal roof vents and stacks must be located in the rear slope of roofs and must
be painted to match the roof colour if exposed to public view.
(b) All dwellings must carry brick veneers to within twelve (12) inches of grade on front
elevation and within twenty (20) inches on side and rear elevations. Exposed
concrete foundation in excess of the aforementioned standard will not be permitted.
(c) The Owner shall encourage the builder of dwellings to vary siting and setback of
dwellings.
(d) The above standards are minimum standards and builders are encouraged to exceed
the standards as long as the objective of creating attractive and aesthetically pleasing
appearance is achieved.
..
.
TELEPHONE: (416) 728-9495
FAX: (416) 721.8044
PARKHILL & YANCH
;Jl/lmstcrs, ~olicitors, ~otllriCS
A. J PARKHilL. aG, (1898-1969) J. A. YANCH, lL.B, a.G
L. A YANCH, lLB
63 KING STREET EAST, SUITE 102
P.O. BOX 154
OSHAWA
ONTARIO
L1 H 7L1
REPLY TO
BOX 154
OSHAWA
L1 H 7L1
July 16, 1993
The Corporation of the Municipality of
Clarington
40 Temperance Street
BOWMANVILLE, ON
LIC 3A6
Dear Sirs:
Attention: LeD. Taylor - Manager - Development Review Branch
RE: DRAFT PLAN 18T - 89115
on Part of Lot 35, Concession 3
Clarington
As required by Paragraph 2.2 (1) of the Subdivision Agreement, we hereby
certify that these lands are owned by 290572 Ontario Limited, in fee
simple, and there are no mortgages against the title.
As further required by Paragraph 2.2 (2) of the Subdivision Agreement,
we hereby certify that 290572 Ontario Limited is the owner in fee simple
of all lands to be granted to the Municipality pursuant to Schedules "E"
& "F" of the Agreement and such lands are subject to no mortgages.
LAY:mc
enc
Yours truly,
,. ,,_u_~
PARKHI;J~~~~~~
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Province
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New Property Identifiers
Executions
(8) This Document provides .. follows:
Inhibiting Order attached
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Ul~ CIa J.lUI'1MI'oM \AJ. IN'-'.-rorm 1"0, ::JO;:J
Amended NOY. 1992
Document General
Form 4 - Land Registration Reform Act
(1) Registry ~
(3) Property
Identifier( s)
Land TlUes 0 T (2) Page 1 of 2.
Block Property
~
pages~~~D
~~
See 0
Schedule
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......
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(4) Nature of Document
APPUCATION BY MUNICIPALI1Y FOR INHIBITING ORDER (Section
23)
(5) Consideration
NA
(6) Description
Dollars $
Part of Parcel Plan 1- f , Section 40M-I;tLas to part of
Lots 11, 12, 25 and 26 and Blocks 43 to 53 inclusive, Plan 40M-
{lft., Municipality of Clarington, Regional Municipality of
Durham
Additional:
See 0
Schedule
Additional:
See
Schedule
o
(7) This
Document
Contains:
( (9) This Document relates to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
THE CORPORATION OF THE MUNICIPALI1Y
, . . OF "C:i..ARiNG'toN by' it" soliCitors . . . . . . . . . . . . .
. . SHIBLEY RlGHTON per, Nicholas. T. Macos . . . .
(11) Address
for Service
(a) Redescription
New Easement
PlanlSketch
(b) Schedule for:
o
Additional
Description 0 Parties 0 Other 12{1
Continued on Schedule 0
)
Signature(s) Date of Signature
Y M 0
~ '7 ........~ ! 1993 i" '1 i l 7
Nichoias''t: 'M'a'cos' . . . . . . . . , . . . . . . . . i . . . . . ! ' . . i' . .
: '.
, .
, :
. . . . . " .. . . . . . . . .. .. . . . . .. . . . . . . . . I . . . .. ..0:"..
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. . . . . ......... . . . . . . . . .. . . . . . . . . . i .. . .. .. Oi" . .
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40 Temperance Street. Bowmanville. Ontario LtC 3A6
(12) Party(les) (Set out Status or Interest)
Name(s)
(13) Address
for Service
(14) Municipal Address of Property
not assigned
(15) Document Prepared by:
Date of Signature
Y M 0
Signature(s)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f . . . . .
· · · · · · · · · · · · · · · · : · · · · : : · · · : : · : · : · · f.: · : :
Shibley Righton
Barristers & Solicitors
Suite 1800
401 Bay Street
Toronto, Ontario M5H 2Z1
Attn: Nicholas T. Macos
II Fees and Tax
~
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~ Registration Fee
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LAND TITLES ACf
Section 23
APPLICATION BY MUNICIPALITY FOR INHIBITING ORDER
TO:
THE lAND REGISTRAR FOR THE LAND TITLES
DIVISION OF DURHAM (NO. 40)
I, Patti Barrie, Clerk of the Corporation of the Municipality of Clarington hereby certify that
290572 ONTARIO LIMITED
the registered owner of Parcel 1- \ ,Section Block 7(35/3) Darlington, being Parcell in
Block 7, being Part of Lot 35, Concession No.3, of the Geographic Township of Darlington,
Municipality of Clarington, Regional Municipality of Durham, designated as Part 1, on Plan
40R-l4694 being the land laid out by a Plan of Subdivision dated
prepared by W. John Burg, an Ontario Land Surveyor, has not executed and is not under
any obligation to execute any Transfer of Land or Transfer of Easement or any Agreement
affecting title to the said land in favour of the Corporation of the Town of Newcastle which
has not been registered as of the date hereof except the following:
TRANSFERS AND AGREEMENTS
LOTS AND BLOCKS
Transfer in Fee Simple
Storm Water Management Facility Access
-
\ 7 'f2-
....-t-.4
Block 45 Plan 40M-
Transfer in Fee Simple
and Valley Lands
Block 46 Plan 40M-
Transfer in Fee Simple
0.3 meter reserves
l'14.2.
Blocks 47 to 53 inclusive Plan 40M-~
Transfer of Easement
Rear Yard Catch Basin and Storm Sewer
L74:2-
Part of Lots 11 and 12 Plan 40M.l (;
designated as Parts 2 and 3 on Plan
40R- l5 0 <6)
L 1 '-t2-
Part of Lots 25 and 26 Plan 40M---
designated as Parts 4 and 5 on Plan
40R- 1'60r~
Transfer of Easement
Storm Sewer Route
Transfer of Easement
Temporary Turning Circle
Blocks 43 and 44 Plan 40M- t~2...
AND as to the Lots and Blocks mentioned above, I HEREBY REQUEST you to issue an
Order or make an entry under Section 23 of the Land Titles Act inhibiting any dealing with
those Lots and Blocks until the Instruments mentioned above have been registered.
The address of the applicant for service is 40 Temperance Street, Bowmanville, Ontario LIC
3A6.
DATED at Clarington this ~J{. day of I1tL#/lsr;
atti
erk
Town of Newcastle
I have authority to bind the Corporation.
G:\238\NEWCAS11..\JEFFRIES\INHIBORD
~
Province
01
Ontario
Transfer/Deed of Land
DYE & DURHAM co. INc.-Form No, 970
Amended NOV, 111112
Form 1 - Land Registration Reform Act
A
(1 ) Registry 0 Land Titles ~ 1(2) Page 1 of 2- pages
0::> l--
()... CX') (3) Property Block Property
-'* -- U'\) Identifier( a)
W ( Additional:
C? 0 See 0
$.J..14ol-'" I Schedule
a::: C:J . I~
<.0 'if' (4) Conalderatlon
t~......._, ::r- ".....1 ,...
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....:; " 6 TWO ---------------------------- Dollars $ 2.00
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z l~ (5) Description This is a: Property Property
0 (':;;t 0 0
-. . -<< Division Consolidation
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(j) 1'- =:, .{ plo".
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c::: Part of Parcel1'1, Section 40M /,"11.
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u... en being Part of Lots 11 and 12, Plan 40M
u... .. Municipality of Clarington, Regional
0 New Property Identifiers Municipality of
a: Additional: Durham, designated as Parts 2 and 3 on Plan 40R I 5083.
0
u... See 0
I All ~ .1 Schedule
Executions )
......
~ Additional:
See 0
Schedule
(6) This (a) Redescription (b) Schedule for: (7) Interest/Estate Tranaferred
Document New Easement Additional rM8il..t!le
Contains Plan/Sketch 0 Description 0 Parties 0 Other 0 Easement
(8) Traosferor(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
. . . . . . . , . . . . . . , , , . , y M 0
Name(s) Si ature I
290572,ONTARIQ L.IMJTED . . . . . . . . . . , , , , WAYN~'~EiF~{ (rc'~e't'~~y , . , .1, ~ 9) ,q~ ! 17
J. ! . . .
,
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. , . . , , , , , . , , , , , , , , , , . . . . . , , . . . , . . . . . , . i .. .
I have authority to bind the
, , , , , , , ~p,rpP,r!l,t,i.op, . . . . . , , . . . . , , . . . . . , , l . . ,
I
r
(9) Spouse(s) 01 Transferor(s) I hereby consent to this transaction Date of Signature
Name(s) Signa!ure(s) y M 0
,
, , . , , , . , . . . . , , , ,
, . , , . . . . . . . . . . , . . . . . . . , , , I' . . .
i
(10) Transferor(s) Address 58 Rossland Road West, Oshawa, ON L1G 2V5
for Service
(11) Transferee(s) Date of Birth
y M 0
I
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON I
. . . . . . . . . . . , , , , . . . . . . , , , , , , , , , , , , , , , ,
, , , , . . . , , \ .. ..
. . . . , , , , , . . . . . , . , , , . , , , , . . , , , , . , , , ' , , . . . .
\ . .. ,
, , . . . . , . .
, , , , , . . . . . . . . . . . . . . . . . . . . , . , , , , :. . . .
!
:
(12) Tran.feree(.) Address Street, Bowmanville, ON Lie 3A6
for Service 40 Temperance
(13) Tran8'.ror(8) The transferor verihes that to the best of the transferor's knowledge and belief, thiS transfer does not contravene section 50 of the Planning Act.
Date of Signature Date of Signature
2: yMD ,YMD
I I I I I . I
I I::. I ::
~~~c~~~e, r T~a~SferO~(S) '1 h~v~ ~~piai'n~d th~ ~ite~i ~f 'S~~li~~ 50 ~f 'th'e' ~lan~;9n~~tr~~ th~ 'tr~r;si~r~r 'a~d i h;v~ ~'ad~ ,~q~irie~ '0/ th~ ir~n'sf~;o~ io ,: . , . ,
...J determine that this transfer does not contravene that seelion and based on the information supplied by the transferor, to the best of my knowledge and
c(
z belief, this transfer does not contravene that section, I am an Ontario solicitor in good standing. Date 01 Signature
0 Name and ! y ! M , 0
i= ,
0.. Address of ,
Signature, , , , , I ,I. . . .
0 Solicitor ' , , . . . . . . . . . . . . .1. . . .
I
- Vi (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satlslied that the title lecords I
l.l >-% >-
c( reveal no contravention as set out in subclause 50 (22) (c) (ii) of lhe Planlllng Act and that to the best 01 my knowledge and belief this transfer
01 .cQi.... does not contravene section 50 at the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing,
c c'1il*
'c ~~~
c
CCI ~~Q)
it .,~c: Name and Date of Signature
woE"='
)(~Il> Address of y M 0
-oQj Solicitor ,
~~.c ,
,
,
'0 Signature, . , , , , . . . . . . . . , , , . . . . . . .1. . .
(/) , , , . . . . . .
(15) Assessment Roll Number Cty Mun. Map Sub. Par. , III Fees and Tax ,
, ,
, >-
of Property , not assigned
. , ...J !
, , , Z Registration Fee
(17) Document ~red ~: 0 i
(16) Municipal Address 01 Property w
LARRY ALL YAN H (/) Land Transfer Tax
not assigned PARKHILL & YANCH ::l
w
Barristers & Solicitors ()
154 u::
63 Kign St E, Box u.. i
0
OSHAWA, ON ~I
L1H 7L1 MC 1~1 Total
DYI&~~,""f"'No.500 ~Affidavit of Residence and of Value of the Consideratior
'1- Form 1 - Land Transfer Tax Ac
Refer to all instructions on reverse side. Part of Parcel 1 Section 40M U'A III. I ~ 11 L
IN THE MATTER OF THE CONVEYANCE OF (Insert of~) , lU 1'\ .L l
being Part of Lots 11 and 12, Plan 40M i 71f:L..
Municipality of Clarinqton, Reqional Municipality of Durham, desiqnated as Parts 2 &.3
290572 Ontario Limited
BY (print namBS of an transfelOl8 In futl)
TO (_Instruction 7 and print""",. of all traMffrHsln futl)
The Corporation of the Municipality of Clarinqton
on Plan
40R
I ~ c8' 3 .
I, (_ Instruction 2 and print ~s) In ful1)
Nicholas T. Macos
MAKE OATH AND SAY THAT:
1, I a m (place a ciaar mat1c within the square oppos/ta tflat one 01 t/HI following parllgraphs thaI describes the c.pac/ty of the depoMnt(s)): (_ 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;
~ (d) The 1~IUtmo~xgex<<lX solicitor acting in this transaction for (Ineer1 name(s) of principa/{s)) The Corporation of the Municipality
of Clarinqton
described in paragraph(s) lal. (bl. (c) above; (atrllce out I8ferencw to inapplicable parllQrapha)
o (e) The President; Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for (IMIIff name(s) of corporation(s))
described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs)
o (f) A transferee described in paragraph( . ) (/Mert only one of paragraph (a), (b) or (e).oove, as 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 ( ) (1.-7 only one of paragraph (a), (b) or (e) abowI, as applicable) and as such, I have personal knowledge of the facts herein deposed to,
2, (To be completBd where the vaJlHI of the cofltllderatlon for the con....yance exceeds $400,000).
I have read and considered the definition of "single family residence" set out in clause 1 (l)lja) of the Act. The land conveyed in the above-described conveyance
o contains at least one and not more than two single family residences,
o does not contain a single family residence,
o contains more than two single family residences, (_Instruction 3)
NoIIt: Clause 2(1)(d) imposes an lIdditional tex at the rllte of one-half of one per
cent upon the value of consideration in exC8a of $400,000 where the convey-
ance contains lit leest 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 persoris 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, (_1natructIona 4 and 5) None
4, THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash . , , . . , , , , . . , . , , , . , , , . , . , , , , . . , . .. $ 2.00
(b) Mortgages (j) Assumed (show prtncj1a/ and I~ to be credited against purchaH~) ......' $ nil
(ij) Given back to vendor . , , . , . . . . . . . . . . . , . , , , , , , . . , , . .. $ nil
(c) Property transferred in exchange (detail ba/ow) " . . . , _ . . . , , , , , . . . . . , , $ nil
(d) Securities transferred to the value of (detail ba/ow) , . . . . . . , . , , . , , . . . , . . , , ., $ ni 1
(e) Liens. legacies, annuities and maintenance charges to which transfer is subject . . . . . ., $ nil
(f) Other valuable consideration subject to land transfer tax (detail ba/ow) .,.,........ $ ni 1
All Blanks
Must Be
FIIIfKJ In,
Insert 'NII"
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of (a) to (fJ) ........., _,'.,....,'... $ 2.00
(h) VALUE OF ALL CHATTELS - items of tangible personal property
(Rfllall Sales Tax Is payable on the lllllue of .n chIIltela un'" .x_pt under $
the provisions of the 'Retail Sales Tax Act", R,S,O. 1980, e.4S4, as -ndBdJ . . , , , . . . . . . , . . . . . , . . . , , . . . . . . . .
(j) Other con'Sideration 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. (_ Instruction 6)
Transfer to Municipality pursuant to a Subdivision Agreement.
No
$
2.00
WIlere
AppIIcsbIe.
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 C,i ty' o~: Toronto
in the Municipality~ of Metropolitan Toronto
this ~f>4"-- day of S~~ 19 93
~!4t/~
A Commissioner for taking Affidavits. etc.L.eo.~D ~~ c~S
~.
-?,~.
algnature(s)
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) not assigned
(ij) Assessment Roll No. (If available) not assigned
C, Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 Temperance Street, Bowmanville, Registration Date Land Registry Office No,
Ontario LIC 3AG
D, (j) R istration number for last conveyance of property being conveyed (II available) unknown
eg
(ii) Legal description of property conveyed: Same as in D.(i) above, Yes D No 0 ,Not known ~
E, Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street, Toronto, Ontar1o M5H 2Z1
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all individual transferees Roman Catholic? vesD No D
(b) If Ves, do all individual transferees wish to be Roman Catholic Separate School Supporters? YesD No D
(c) Do all individual transferees have French Language Education Rights? YesD No 0
(d) If Yes, do all individual transferees wish to support the French Language School Board (where established)? Ves 0 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).
04490 (90-Q9)
msuuclIons
1. Where any transferee (other than a joint tenant) is taking less than the
whole interest in the property being acquired, then the percentage
ownership of each transferee must be clearly indicated beside hislher
respective name,
2. (i) It should be noted that if all deponents are not entitled to mark
the same square in paragraph 1 of the Affidavit, then more than one
Affidavit will be required, Only those deponents who are entitled to
mark the same square in paragraph 1 may swear the same Affidavit.
(ii) This Affidavit is required to be made by each transferee named in
the conveyance, by each person in trust for whom the land conveyed
in the conveyance described is being conveyed and by each trustee
named in the conveyance to whom the land is conveyed.
~ii) However, any of the transferees may have the Affidavit made on
his behalf by an agent authorized in writing to make the Affidavit or by
his solicitor. (See clause (d) of paragraph 1 of the Affidavit.)
(iv) The Affidavit for a transferee that is a corporation may be made
by its President, Vice-President, Manager, Secretary, Director or
Treasurer. (See clause (e) of paragraph 1 of the Affidavit.)
(v) Where transferees are married to each other, either spouse may
make the Affidavit on behalf of him/herself and the other. (See clause
(f) of paragraph 1 of the Affidavit.)
3, Extract of clause 1 (1) (ia) of the Act:
(ia) Wsingle family residencew means,
(i) a unit or proposed unit under the Condominium Act, or
(ii) a structure or part of a structure,
that is designed for occupation as the residence of one family,
including dependants or domestic employees of a member of the
family, whether or not rent is paid for the occupation of any part of such
residence, and whether or not the land on which the residence is
situated is zoned for residential use, and Wsingle family residence"
includes any such residence that is to be constructed as part of the
arrangement relating to a conveyance of land, but does not include any
such residence constructed or to be constructed on agricultural land
where the transferor with respect to the land conveyed meets the
eligibility requirements for a farm tax reduction rebate, contained in
clause 4(b) or (c) of Ontario Regulation 716/83 made under the
Ministry of Agriculture and Food Act.
4. Note: Subsection 1(3) provides, inter alia, that an individual shall be
considered to be "ordinarily resident in Canadaw if, at the time the
expression is being applied, he has sojourned in Canada during the next
preceding twenty-four months for a period of, or periods the
aggregate of which is 366 days or more.
Extract of clauses 1 (1) (f) and (g) of the Act:
(f) "non-resident corporation" means a corporation incorporated,
formed or otherwise organized in Canada or elsewhere,
(i) that has allotted and issued shares to which are
attached 50 per cent or more of the voting rights ordinarily
exercisable at meetings of the shareholders of the corporation
and that are owned by one or more non-resident persons, but
this subclause does not apply where it is established to the
satisfaction of the Minister that such one or more non-resident
persons do not in fact directly or indirectly exercise control
over the corporation and that subclause (v) does not apply to the
corporation,
(ii) that has allotted and issued shares to which are attached
25 per cent or more of the voting rights ordinarily exercisable at
meetings of the shareholders of the corporation and that are
owned by anyone non-resident person or by that person and
one or more persons who are associates of that person and who
are themselves non-resident persons, but this subclause does
not apply where It is established to the satisfaction of the
Minister that such non-resident person does not in fact
directly or indirectly exercise control over the corporation and
that subclause (v) does not apply to the corporation,
(Iii) one-half or more of the directors of which, or of the
persons occupying the position of director by whatever name
called, are individuals who are non-resident persons,
(iv) without share capital and one-half or more of the members
of which are non-resident,persons,
(v) that is controlled directly or indirectly by one or more non-
resident persons, including a non-resident corporation within the
definition contained in the provisions of this clause other than
this subclause,
(vi) one-quarter or more of the paid-up capital of which is held
by a non-resident person or by that person and one or more
persons who are associates of that person and who '8r8' them-
selves non-resident persons,
(vii) one-half or more of the paid-up capital of which is held by
one or more non.resldent persons,
(viii) that would be required on dissolving, winding up, or any
other distribution that is not a dividend, to distribute one-quarter
or more..of its surplus to a non-resident person or to that person
and one or more persons who are associates of that person and
who are themselves non-resident persons, or
(ix) that would be required on dissolving, winding up, or
any other distributicm of surplus that is not a dividend, to
distribute one-half or more of Its surplus to one or more
non-resident persons.
(g) Wnon-resident person" means,
(i) an individual who is not ordinarily resident in Canada or who,
if ordinarily resident in Canada, is neither a Canadian citizen nor
an individual who has been lawfully admitted to Canada
for permanent residence in Canada,
(ii) a partnership, syndicate, association or other organization of
whatsoever kind of which one-half or more of the members are
non-resident persons within the meaning of subclause (i), (Iii) or
(iv) or in which interests representing in value 50 per cent or
more of the total value of the property of such partnership,
syndicate, association or other organization are beneficially
owned by non-resident persons within the meaning of subclause
(i), (Iii) or (iv),
(iii) a trust in which non-resident persons within the meaning of
subclause (i), (Ii) or (Iv) have 50 per cent or more of the beneficial
interests in the corpus of the trust or in the income arising there-
from, and "trust" includes the trustees under such a trust in
their capacity as the trustees thereof, or
(Iv) a non-resident corporation,
5. Insert the name and place of residence - or in the case of a
corporation, the place of incorporation - of any transferee who
is a non-resident person. If space is insufficient, attach a list of those
transferees who are non-resident persons. If none of the transferees
is non-resident, insert 'none'.
Note: Where the person named in the instrument as grantee is
taking title on behalf of another person(s), the reJidency status to
be recited must be that of the person or persOns who are the
beneficial owners of the land - not that of the grantee named in the
instrument. This applies regardless of whether the trustee or
nominee capecity of the grantee named In the instrument is
indicated on the instrument.
6, Explain purpose of transfer: natural love and affection, pursuant to
court order, separation agreement, etc.
7. Insert mailing addressees) where municipal assessment notices for
property being conveyed are to be forwarded after closing of this
transaction.
SCHOOL TAX SUPPORT (Voluntary Election)
(a) & (b) The school tax support for the land being transferred will
be assigned to the publiC school board unless otherwise
directed. Only Roman Catholics can be separate school
supporters. If all individual transferees are Roman Catholic
and wish to be separate schoois supporters, the completion
of items (a). and (b) will serve as notice to the Regional
Assessment Commissioner to enter the transferees on the
next Assessment Roll as Roman Catholic separate school
supporters. For further information on school support contact
your local school board.
(c) & (d) If the land being. transferred is situate in an area in which a
French Language School Board has been established, and all
Individual transferees have French language education rights,
completion of (c) and (d) will serve as notice to the
Regional Assessment Commissioner to enter the transferees on
the next Assessment Roll as French language school board
supporters.
Individuals have French language education rights under s.23 of
the Canadian Charter of Rights and Freedoms if the individual
can answer yes to anyone of the following questions:
(i) Is French the language you first learned and still
understand?
(ii) Did you receive your elementary school instruction in
French? (This does not include French immersion or French as
a second language).
(iii) Have any of your children received, or are they now
receiving elementary or secondary school instruction in Canada
in French? (This does not Include French immersion or French
as a second language).
This Information is requested under the Authority of s.15 of the
Assessment Act. '
For further Information contact your locai School board.
NOTE: IN ADDITION TO ATTACHING THIS AFFIDAVIT TO THE CONVEYANCE TENDERED FOR REGIS-
TRATION, ONE UNATTACHED, COMPLETED COPY MUST BE TENDERED TO THE LAND REGISTRAR AT
THE TIME OF REGISTRATION. (R) 04490 (go.10)
~
TO: THE CORPORATION OF 1HE MUNICIPALITY OF ClARINGTON
AND TO: SHIBLEY RIGHTON, their Solicitors herein
RE: 290572 ONTARIO UMITED (the "Company") Plan of Subdivision
No. 18T-89115, Municipality of Clarington Subdivision Agreement
CERTIFICATE OF TITLE
I, Larry Allan Yanch, a Solicitor of the Ontario Court, do certify that:
a) I am the Solicitor for the Company and that the Company is the sole owner
in fee simple of all land described as Part of Parcel Plan 1, Section 40M- ,
being Part of Lots 11 and 12, Plan 40M- , Municipality of Claringron,
Regional Municipality of Durham, designated as Parts 2 and 3 on Plan 40R
(the "Lands.');
b) the Company is a valid and subsisting corporation in accordance with the laws
of the Province of Ontario with the capacity to convey land;
c) there are no mortgages or other encumbrances on the Lands except 8..1i have
postponed their interest to the Transfer (as hereinafter defined); and
d) the Transfer of Easement (the ''Transfer'') in respect of the Lands to The
Corporation of the Municipality of Clarington is not subject to the interest of
any party except the fee simple ownership of the Company and the mortgages
so postponed.
This certificate is given by me to The Corporation of the Municipality of Clarington
for the purpose of having the said Municipality rely upon it.
9r '
DATED at 0 S7~v' *- this /7 day of August, 1993.
~ -~
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Larry Allan Yanch, Solid tor
I
~
Province
of
Ontario
Transfer/Deed of Land
DYE & DURHAM co INc,-Form No, 1170
Amended NOV, 1"2
Form 1 - Land Registration Reform Act
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(5) Description
This is a:
Property
Division 0
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Additional:
See
Schedule
Part of Parcel Plan-l, Section 40M- f7q~
being Part of Lots 25 and 26, Plan 40M- lll-J z...
Municipality of Clarington, Regional Municipality of
Durham, designated as Parts 4 and 5 on Plan 40R \ Scj63
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(7) Interest/Estate Transferred
C T" ..b.
Easement
(6) This
Document
Contains
(a) Redescription
New Easement
Plan/Sketch
(b) Schedule for:
(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)
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Date of Signature
Y M 0
1993
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I have authority to bind the
.co.rp,o.ra,t,i.o.n, " ,."""", , , , , , ,
(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
58 Rossland Road West, Oshawa, ON
L1G 2V5
(11) Transferee(s)
Date of Birth
Y M
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(12) Transferee(s) Address
lorServ~e 40 Temperance Street, Bowmanville, ON L1C 3A6
(13) Transferor(.) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act.
Date of Signature Date of Signature
I Y : M,D! : Y ,M I 0
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Signature, , , , , , . , . , . , , , . , , , , , , , , , ,:, , , , . ,:. , , J , . , ,Ignature, , , , , , , ' , , , , , , . , , ' , , , , , , , , ,:, , , , , ,:. . , ,: , . . '
Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to
;i 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
z belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
o Name and !, Y : M, 0
Ii: Address of S : i
o Solicitor ignature. ,..,. , , " ..,.,,' , I. .: . . . ,
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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 50 (22) (c) (ii) of the PtanningAct and that to the best of my knowledge and belief this transfer
does not contravene section 50 of the Planning Act I act independently of the soliCitor for the transferor(s) and I am an Ontano solicitor in good standing,
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Fees and Tax
Name and
Address of
Solicitor
Signature, ,,',,'
(15) Assessment Roll Number
01 Property
(16) Municipal Address 01 Property
not assigned
Cty.
i Mun,
Map i Sub
,
Par.
not assigned
(17) Document Prepared by:
LARRY ALLAN YANCH
PARKHILL & YANCH
Barristers & Solicitors
63 King St E, Box 154
OSHAWA, ON
L1H 711
Land Transfer Tax
Total
B I \.,....~ W'L V' · 1",,).\.01,;,1'"'' U'IU VI "QIUt; VI lilt: \JUII:::>>IUt:1 allUl1
Form 1 - Land Transfer Tax Act
R~ferto :;:::,:... on r.v/1fS8 sld8. VI..--- " Part ofp arce1 P 1a~ 1. Section 40M- i 14 L..
II'\i THE MATTER OF THE CONVEYANCE OF (. fdsscrlptiono,
bein Part of Lots 25 and 26, Plan 40M-
Municipality of Clarinqton, Reqional Municipality of Durham, desiqnated as Parts 4 &5 on
BY (prInlnturl8sofalft,_ferrnlnfuIQ 290572 Ontario Limited
Plan
40R
{~O)?3
TO (_ instruction 1 WId print namttI of., transfetNlln luff) The Corporation of the Municipality of Clarinqton
I, (_ InstlUCtion 2 WId print MmII{s) In full)
Nicholas T. Macos
MAKE OATH AND SAY THAT:
1, I am (place a clear marl< within thtI 5qU8fll opposite that _ 01 thtI following paragraphs thaI describes thtI capacity of tha dtlpcJMnt(s)): (_ InsllUCtion 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;
~ (dl The lllUtDalOeltXQeXNX solicitor acting in this transaction for (InNrt namtl{s) of prlncJpa/(s)) The Corporation of the Municipality
of Clarinqton
described in paragraph(s) (a), (b!. (c) above; (.ulrc. out ~ to lnappIictIbIB paragraphs)
o (e) The President; V ice-President, Manager, Secretary, Director, or Treasurer authorized to act for (lMBrt namtl{s) of ~I/on(s)}
described in paragraph(s) (a!. (b!. (c) above; (.ulke out ",fete_ to /nappIlcable paragraphs)
o (f) A transferee described in paragraph( . ) (Ins<<t only _ of paragraph (a). (b) or (e) abcMr, .. app/1csbIfI) and am mak ing this affidavit on my own behalf and on
behalf of (InNrt".me of~) who is my spouse described
in paragraph ( ) (Insett only one of paragraph (a), (b) or (e) abo.... .. appllcabfe) and as such. I have personal knowledge of the facts herein deposed to,
2, (To l>> completed where the lI8Iueof the consideration for the conveyance exceeds $400,000).
I have read and considered thedefinition 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, ,.,.: 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 axcess of $400,000 where the convey-
o contains more than two single family residences, (_lnstlUCtion 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, (_1nst1UCtlons 4 WId 6) None
4, THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash , , . , , , , , , . , , . , , , , , . , . , ,. , , , , , , . " $ 2.00
(b) Mortgages iii Assumed (show ptincIpaI WId inlBfNt to be Clfldited aga/Il$/ purchase pr/cB) .... _ ., $ nil
Oil Given back to vendor . , , . , . . . . , . , . . , . , , . . . . . , , . , . . ., $ nil
(c) Property transferred in exchange (detail below) ., . , . . , , , . . , . , , , . . . . . . $ nil
(d) Securities transferred to the value of (detail below) . . , . , . , . . . , . , , , . , , . . , , ., $ nil
(e) Liens, legacies. annuities and maintenance charges to which transfer is subject , . . . . ., $ nil
(f) Other valuable consideration subject to land transfer tax (delall below) ".,..,. $ nil
/
All Blanks
MUSIBe
FIlled In,
InNrt "Nil"
$ 2.00 Wile",
AppIicaIJIB,
$ nil
$ nil
$ 2.00
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Tota/of(a) to (f)) .,.,'.,.,'.',.,.,'.. $ 2.00
(h) VALUE OF ALL CHATTELS - items of tangible personal property
(Relail SalBs Tax Is payable on thtI value of all chsna/s unless eXllmpl under
thtI provisions of lhe "Retail Sa/BS Tax Act", R,S,O, 1980. e,454. .. amended) , . . , , , . . , , . . . , . . . , . . , . , . . . . . , . .
(j) 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. (SBB InstlUCtlon 6)
Transfer to Municipality pursuant to a Subdivision Agreement.
No
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 Metropolitan Toronto
this ~ dayof t;e.p;f~e..r-19 93
~/~
A Commissioner for taking Affidavits. etc,t.,GPA//IIZO RDDI\JG:Sj
Prop
A,
-/ '~
a/gnaIuffl(s)
A.
B,
erty Information Record For Land Registry Office Use Only
Describe nature of instrument: Transfer of Land Registration No.
(j) Address of property being conveyed (If available) not assigned
Oil Assessment Roll No, (N ava/JabIe) not assigned
Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 Temperance Street, Bowmanville, Registration Date Land Registry Office No.
Ontario LIC 3A6
li) R istration number for last conve ance of ro rt bein conve ed a~ unknown
c,
D, eg y p pe y g y (If ~
(ii) Legal description of property conveyed: Same as in D.li) above. Yes 0 No 0 Not known ~
E. Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street, Toronto, Ontar~o M5H 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? YesD No D
(c) Do all individual 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 0 No D
NOTE: As 10 (c) and (d) the land being transferred win be assigned 10 the French Public School Board 01' Sector unless otherwise directed in (a) and (b).
O44llD ~9)
Instructions
1. Where any transferee (other than a joint tenant) Is taking less than the
whole Interest in the property being acquired, then the percentage
ownership of each transferee must be clearly Indicated beside hislher
respective name.
2. (I) It should be noted that if all deponents are l'Iot entitled to mark
the same square in paragraph 1 of the Affidavit, then more than one
Affidavit will be required:E:>nly those deponents who are entitled to
mark the same square In paragraph 1 may swear the same Affidavit.
(Ii) This Affidavit is required to be made by each transferee named in
the conveyance, by each person in trust for whom the land conveyed
in the conveyance described is being conveyed and by each trustee
named in the conveyance to whom the land is conveyed.
(iii) However, any of the transferees may have the Affidavit made on
his behalf by an agent authorized in writing to make the Affidavit or by
his solicitor, (See clause (d) of paragraph 1 of the Affidavit.)
(iv) The Affidavit for a transferee that is a corporation may be made
by its President, Vice-President, Manager, Secretary, Director or
Treasurer. (See clause (e) of paragraph 1 of the Affidavit.)
(v) Where transferees are married to each other, either spouse may
make the Affidavit on behalf of him/herself and the other. (See clause
(f) of paragraph 1 of the Affidavit.)
3, Extract of clause 1(1) Oa) of the Act:
Oa) "single family residence" means,
(i) a unit or proposed unit under the Condominium Act, or
(Ii) a structure or part of a structure,
that is designed for occupation as the residence of one family,
including dependants or domestic employees of a member of the
family, whether or not rent is paid for the occupation of any part of such
residence, and whether or not the land on which the residence is
situated is zoned for residential use, and "single family residence"
includes any such residence that is to be constructed as part of the
arrangement relating to a conveyance of land, but does not include any
such residence constructed or to be constructed on agricultural land
where the transferor with respect to the . land conveyed meets the
eligibility requirements for a farm tax reduction rebate. contained in
clause 4(b) or (c) of Ontario Regulation 716/83 made under the
Ministry of Agriculture and Food Act.
4. Note: Subsection 1(3) provides, inter alia, that an individual shall be
considered to be "ordinarily resident in Canada" if. at the time the
expression is being applied, he has sojourned in Canada during the next
preceding twenty-four months for a period of, or periods the
aggregate of which is 366 days or more.
Extract of clauses 1 (1) (f) and (g) of the Act:
(f) "non-resident corporation" means a corporation incorporated,
formE;td or otherwise organized in Canada or elsewhere,
(i) that has allotted and issued shares to which are
attached 50 per cent or more of the voting rights ordinarily
exercisable at meetings of the shareholders of the corporation
arid that are owned by one or more non-resident persons, but
this subclause does not apply where It is established to the
satisfaction of the Minister that such one or more non-resident
persons do not in fact directly or indirectly exercise control
over the corporation and that subclause (v) does not apply to the
corporation,
(ii) that has allotted and issued shares to which are attached
25 per cent or more of the voting rights ordinarily exercisable at
meetings of the shareholders of the corporation and that are
owned by anyone non-resident person or by that person and
one or more persons who are associates of that person and who
are themselves non-resident persons, but this subclause does
not apply where it is established to the satisfaction of the
Minister that such non-resident person does not in fact
directly or indirectly exercise control over the corporation and
that subclause (v) does not apply to the corporation,
(iii) one-half or more of the directors of which, or of the
persons occupying the position of director by whatever name
called, are individuals who are non-resident persons,
(Iv) without share capital and one-half or more of the members
of which are non-resident,persons,
(v) that is controlled directly or indirectly by one or more non-
resident persons, including a non-resident corporation within the
definition contained in the provisions of this clause other than
this subclause,
(vi) one-quarter or more of the paid-up capital of which is held
by a non-resident person or by that person and one or more
-
persons who are associates of that person and who are them-
selves non-resident persons,
(vii) one-half or more of the paid-up capital of which is held by
one or more non-resident persons,
(viii) that would be required on dissolving, winding up, or any
other distribution that is not a dividend, to distribute one-quarter
or more..of its surplus to a non-resident person or to that person
and one or more persons who are associates of that person and
who are themselves non-resident persons, or
(ix) that would be required on dissolving, winding up, or
any other distribution of surplus that is not a dividend, to
distribute one-half or more of its surplus to one or more
non-resident persons,
(g) "non-resident person" means,
(i) an individual who is not ordinarily resident in Canada or who,
if ordinarily resident in Canada, is neither a Canadian citizen nor
an individual who has been lawfully admitted to Canada
for permanent residence In Canada,
(Ii) a partnership, syndicate, association or other organization of
whatsoever kind of which one-half or more of the members are
non-resident persons within the meaning of subclause (i), (Iii) or
(iv) or in which interests representing in value 50 per cent or
more of the total value of the property of such partnership,
syndicate, association or other organization are beneficially
owned by non-resident persons within the meaning of subclause
(i), (iii) or (iv),
(iii) a trust in which non-resident persons within the meaning of
subclause (i), (Ii) or (iv) have 50 per cent or more of the beneficial
interests in the corpus of the trust or in the income arising there-
from,and "trust" includes the trustees under such a trust in
their capacity as the trustees thereof, or
(iv) a non-resident corporation.
5. Insert the name and place of residence - or in the case of a
corporation, the place of incorporation - of any transferee who
is a non-resident person. If space is insufficient, attach a list of those
transferees who are non-resident persons, If none of the transferees
is non-resident, insert 'none'.
Note: Where the person named in the instrument as grantee is
taking title on behalf of another person(s), the residency status to
be recited must be that of the person or persons who are the
beneficial owners of the land - not that of the grantee named in the
instrument. This applies regardless of whether the trustee or
nominee capacity of the grantee named in the instrument is
indicated on the instrument.
6. Explain purpose of transfer: natural love and affection, pursuant to
court order, separation agreement, etc.
7. Insert mailing address(es) where municipal assessment notices for
property being conveyed are to be forwarded after closing of this
transaction.
SCHOOL TAX SUPPORT < Voluntary Election)
<a) & (b) The school tax support for the. land being transferred will
be assigned to the public school board unless otherwise
directed. Only Roman Catholics can be separate school
supporters. If all individual transferees are Roman Catholic
and wish to be separate schools supporters, the completion
of items (a) and (b) will serve as notice to the Regional
Assessment Commissioner to enter the transferees on the
next Assessment Roll as Roman Catholic separate school
supporters, For further information on school support contact
your local school board.
(c) & (d) If the land being transferred is situate in an area in which a
French Language School Board has been established. and all
individual transferees have French language education rights,
completion of (c) and (d) will serve as notice to the
Regional Assessment Commissioner to enter the transferees on
the next Assessment Roll as French language school board
supporters.
Individuals have French language education rights under s,23 of
the Canadian Charter of Rights and Freedoms if the individual
can answer yes to anyone of the following questions:
(i) Is French the language you first learned and still
understand?
(Ii) Did you receive your elementary school instruction in
French? (This does not include French immersion or French as
a second language),
(iii) Have any of your children received, or are they now
receiving elementary or secondary school instruction in Canada
in French? (This does not include French immersion or French
as a second language),
This information is requested under the Authority of s.15 of the
Assessment Act.
For further information contact your local school board.
NOTE: IN ADDITION TO ATTACHING THIS AFFIDAVIT TO THE CONVEYANCE TENDERED FOR REGIS-
TRATION, ONE UNATTACHED, COMPLETED COPY MUST BE TENDERED TO THE LAND REGISTRAR AT
THE TIME OF REGISTRATION. (R) 04490 (90-10)
~.
TO: 1HE CORPORATION OF TIlE MUNICIPAllTY OF CLARINGTON
AND TO: SIllBLEY RIGHTON, their Solicitors herein
RE: 290572 ONTARIO LIMITED (the IlCompany") Plan of Subdivision
No. 18T-S911S, Municipality of Clarington Subdivision Agreement
CERTIFICATE OF TItLE
I, Larry Allan Yanch, a Solicitor of the Ontario COUft, do certify that:
a) I am the Solicitor for tbe Company and that the Company is the sole owner
in fee simple of all land described as Part of Parcel Plan 1, Section 40M- ,
being Part of Parcel Plan 1, Section 40M~ t being Part of Lots 25 and 26,
Plan 4OM- t Municipality of Qarington, Regional Municipality of
Durham, designated as Parts 4 and 5 on Plan 40R- (the IlLands");
b) the Company is a valid and subsi'tting corporation in accordance with the laws
of the Province of Ontario witb the capacity to convey land;
c) there are no mortgages or other encumbrances on the Lands except as have
postponed their interest to the Transfer (as hereinafter defined); and
d) the TraD8fer of Easement (the t'Transferll) in respect of the Lands to The
Corporation of the Municipality of Clarington is not subject to the interest of
any party except tbe fee simple ownership of the Company and the mortgages
so postponed.
This certificate is given by me to The Corporation of the Municipality of Clarington
for the purpose of having the said Municipality rely upon it.
9- '
DATED at 0 '7d-~,ft this /7 day of August, 1993.
~
-----Larry Allan Yanc , Solicitor
"
~
Province
of
Ontario
Transfer/Deed of Land
DYE' OUAflAM co INc~Forrn No, 1110
Amended NOV, 1982
~
Form 1 - Land Registration Reform Act
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This is a:
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Part of Parcel Plan-l, Section 40M (i 4L.-.
being Blocks 43 and 44 Plan 40M Il 47-.
Municipality of Clarington, Regional Municipality
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(6) This (a) Redescription (b) Schedule for:
Document New Easement
Contains Plan/Sketch 0 Description 0
Additional
Parties 0 Other 0
(7) InteresVEstate Transferred
r III Jl
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)
290572 ONTARIO LIMITED
",."", ,Q./,A~~-/".""
Signat~7ryQ7
Date of Signature
Y M 0
1993
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, 'J" 'wAYNE JEFFERy'...: 'Secretary'
I have authority to bind the
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(9) Spouse(s) of Transferor(s) I hereby consent to this transaclion
Name(s)
Signalure(s)
Date of Signature
Y M 0
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(10) Transferor(s) Address
for Service
(11) Transferee(s)
58 Rossland Road West, Oshawa, ON
L1G 2V5
Date of Birth
Y M 0
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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(12) Transleree(s) Address
rorS~~e 40 Temperance Street, BOWITlanville, ON L1C 3A6
(13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act.
Date of Signature Date of Signature
Y ,M 0 ,Y M 0
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Signature""",.".""".",." ,:"", ,!." 0 Signature.".,."".""".,.""" .:".".:.,'~,...
Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to
-l determine that this transfer does not contravene that seclion a"d 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 Ontano solicitor in good standing. Date of Signature
g Name and 1 Y : M: 0
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(14) Solicitor lor Transferee(s) I have investigated the lille to this land and to abutting land where relevant and I am sallsfied that tile title records
reveal no contravention as set out in subclause 50 (22) (c) (ii) of the Planning Act and that to the best of my knowledge and belief thiS transfer
does not contravene seelion 50 of the Planning Act 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
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(16) Municipal Address of Property
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~Th~fuX'f?!lN8P/A~dr
PARKHILL & YANCH
Barristers & Solicitors
63 King St E, Box 154
OSHAWA, ON
L1H 7Ll Me
land Transfer Tax
T olal
Refer to all instructions on reverse side.
IN THE MATTER OF THE CONVEYANCE OF (Insert
n 44 P an 40M
MlII:dr.ipr.llit-y of (,lAringt-on, R~gionrll Mllnir.ipnlit-y of Dllrham
BY (prlntnamesofMltransferorsIn fullj 290572 Ontario Limited
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Form 1 - Land Transfer Tax Act
of Parcel Plan 1, Section 40M 11 ~c-
"'..........."'.... ."'01'
.
The Corporation of the Municipality of Clarinqton
TO (_ Instruction 1 and print names of MI Ira1l8fefHS In full)
I, (_ Instruction 2 and print name(s) In full)
Nicholas T. Macos
MAKE OATH AND SAY THAT:
1, I a m (place a cI8ar made within the square opposite IMt ontI 01 the following paragraphs that describes 1/H1 capacity of the deponent(s)): (_ 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;
~ (d) The IIlUtUOHaeJtxgex<<ac solicitor acting in this transaction for (insert name(s) of prlncJfM/(s)) The Corporation of the Municipality
of Clarinqton
described in paragraph(s) (a), (b), (c) above; (Rr/ke out referenctJ6 to InapplicsbIB par-oraphs)
o (e) The President; V ice-President, Manager, Secretary, Director, or Treasurer authorized to act for (Insert name(s) of corporatlon(s))
described in paragraph (s) (a), (b). (c) above; (strlka out references to Inapplicable paragraphs)
o (f) A transferee described in paragraph( , ) (1MMt onlyontl of psragreph (a), (b) or (e) eow, as sppIlcsbI8) and am mak ing this affidavit on my own behalf and on
behalf of (Insert - of~) who is my spouse described
in paragraph ( ) (1MMt only ontI of psragreph (a), (b) or (e) eow, as sppIlcsbI8) 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 c:onWlyance exceeds $400,(00).
I have read and considered the definition of "single fam i1y 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, Noa: Clause 2(1)(d) imposes an additional tax at the rate of one-half of one per
o does not contain a single family residence, cent upon the velu8 of consideration in excess of $400,000 where the convey-
o contains more than two single family residences. (_Instruction 3) .nee 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 (9) of the Act
and each of the fallowing 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 4 MId 5) None
4, THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash , . , , , . , . , , . , . , , . , , , , , . , , , . . , . . . ., $ 2.00
(b) Mortgages (i) Assumed (-'>ow prlncJpaI and Interest to be CtfIdited IIf18lnst purchase price) ....... $ nil
Oi) Given back to vendor . , , , . . . $ nil
(c) Property transferred in exchange (dBtsJl below) " . . . , . . . . . , . . , , . . , . $ nil
(d) Securities transferred to the value of (dBtsJl below) , . , . , . , , . . . . . , . , . $ nil
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject. , . . , " $ nil
(f) Other valuable consideration subject to land transfer tax (detBIl below) .,.,..,. $ ni 1
/
All Blanks
Mus1 Be
FRied In,
Insert . Nil"
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of (a) to (fJ) ......,.....".,...,
(h) VALUE OF ALL CHATTELS - items of tangible personal property
(RstMI Sales Tax Is payable on the ll8lue of MI chattels unless exempt under
the provisions of the "R.raI1 Sales Tax Act', R.S,O, 1980, e,454, as amended) . . , . , . . . . . . . . . . . , . . . . , $
(j) 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. (_Instruction 6)
Transfer to Municipality pursuant to a Subdivision Agreement.
No
$
2.00
$
2.00
Where
AppIIcsbI8,
nil
nil
2.00
6, If the consideration is nominal, is the land s'ubject to any encumbrance?
7. Other remarks and explanations, if necessary,
Sworn before me at the City of Toronto
in the l':dunicipali ty of Metropolitan Toronto
'"t::::;;;&t;::: 19 93
A Commissioner for taking Affidavits, etc, (.EO^ll4eD t<..ODNI??S
----7 (...,~ __
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signature(s)
C
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 avaJlabI8) not assigned
(H) Assessment Roll No, (if avaJlabI8) not assigned
Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 Temperance Street, Bowmanville, Registration Date Land Registry Office No,
Ontario LIC 3A6
0, (j) Registration number for last conveyance of property being conveyed (if avaJlabI8) unknown
(ii) Legal description of property conveyed: Same as in D,(j} above. Yes 0 No 0 Not known ~
E, Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street, Toronto, Ontar~o M5H 2Z1
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all individualtranslerees Roman Catholic? vesd No 0
(b) If Ves, do all individualtransterees wish to be Roman Catholic Separate School Supporters? vesD No 0
(e) Do all individualtranslerees have French Language Education Rights? VesD No 0
(d) If Ves. do all individualtranslerees wish to support the French Language School Board (where established)? Ves 0 No 0
NOTE: As to (c) and (d) the land being transferred wiD be assigned to the French Public School Board or Sector unless olhelwiee directed in (a) and (b).
04480 ~9)
Instructions
1. Where any transferee (other than a joint tenant) is taking less than the
whole interest in the propertY being acquired, then the percentage
ownership of each transferee must be clearly Indicated beside hislher
respective name.
2, (i) It should be noted that if all deponents are not entitled to mark
the same square in paragraph 1 of the Affidavit, then more than one
Affidavit will be required, Only those deponents who are entitled to
mark the same square in paragraph 1 may swear the same Affidavit.
(Ii) This Affidavit is required to be made by each transferee named in
the conveyance, by each person in trust for whom the land conveyed.
in the conveyance described is being conveyed and by each trustee
named in the conveyance to whom the land is conveyed.
Qii) However, any of the transferees may have the Affidavit made on
his behalf by an agent authorized in writing to make the Affidavit or by
his solicitor. (See clause (d) of paragraph 1 of the Affidavit.)
(iv) The Affidavit for a transferee that is a corporation may be made
by its President, Vice-President, Manager, Secretary, Director or
Treasurer. (See clause (e) of paragraph 1 of the Affidavit.)
(v) Where transferees are married to each other, either spouse may
make the Affidavit on behalf of himlherself and the other. (See clause
(f) of paragraph 1 of the Affidavit.)
3, Extract of clause 1(1) Oa) of the Act:
Oa) wsingle family residencew means,
(i) a unit or proposed unit under the Condominium Act, or
(Ii) a structure or part of a structure,
that is designed for occupation as the residence of one family,
including dependants or domestic employees of a member of the
family, whether or not rent is paid for the occupation of any part of such
residence, and whether or not the land on which the residence is
situated is zoned for residential use, and Wsingle family residence"
includes any such residence that is to be constructed as part of the
arrangement relating to a conveyance of land, but does not include any
such residence constructed or to be constructed on agricultural land
where the transferor with respect to the land conveyed meets the
eligibility requirements for a farm tax reduction rebate, contained in
clause 4(b) or (c) of Ontario Regulation 716/83 made under the
Ministry of Agriculture and Food Act.
4. Note: Subsection 1(3) provides, inter alia, that an Individual shall be
considered to be "ordinarily resident In Canadaw If. at the time the
expression is being applied, he has sojourned in Canada during the next
preceding twenty-four months for a period of, or periods the
aggregate of which Is 366 days or more.
Extract of clauses 1 (1) (f) and (g) of the Act:
(f) "non-resident corporation" means a corporation incorporated,
form~ or otherwise organized in Canada or elsewhere,
(i) that has allotted and issued shares to which are
attached 50 per cent or more of the voting rights ordinarily
exercisabie at meetings of the shareholders of the corporation
and that are owned by one or more non-resident persons, but
this subclause does not apply where it is established to the
satisfaction of the Minister that such one or more non-resident
persons do not in fact directly or indirectly exercise controi
over the corporation and that subclause (v) does not apply to the
corporation,
(Ii) that has allotted and issued shares to which are attached
25 per cent or more of the voting rights ordinarily exercisable at
meetings of the shareholders of the corporation and that are
owned by anyone non-resident person or by that person and
one or more persons who are associates of that person and who
are themselves non-resident persons, but this subclause does
not apply where it is established to the satisfaction of the
Minister that such non-resident person does not In fact
directly or indirectly exercise control over the corporation and
that subclause (v) does not apply to the corporation,
(iii) one-half or more of the directors of which, or of the
persons occupying the position of director by whatever name
called, are individuals who are non-resident persons,
(iv) without share capital and one-half or more of the members
of which are non-resident. persons,
(v) that is controlled directly or indirectly by one or more non-
resident persons, including a non-resident corporation within the
definition contained in the provisions of this clause other than
this subclause,
(vi) one-quarter or more of the paid-up capital of which is held
by a non-resident person or by that person and one or more
persons who are associates of that person and who are them-
selves non-resident persons,
(vii) one-half or more of the paid-up capital of which is held by
one or more non-resident persons,
(viii) that would be required on dissolving, winding up, or any
other distribution that is not a dividend, to distribute one-quarter \
or more..of its surplus to a non-resident person or .to that person
and one or more persons who are associates of that person and
who are themselves non-resident persons, or
(ix) that would be required on dissolving, winding up, or
any other distribution of surplus that is not a dividend, to
distribute one-half or more of its surplus to one or more
non-resident persons.
(g) wnon-resident person" means,
(i) an individual who is not ordinarily resident in Canada or who,
if ordinarily resident in Canada, is neither a Canadian citizen nor
an individual who has been lawfully admitted to Canada
for permanent residence in Canada,
(ii) a partnership, syndicate, association or other organization of
whatsoever kind of which one-half or more of the members are
non-resident persons within the meaning of subclause (i), (iii) or
(iv) or in which interests representing in value 50 per cent or
more of the total value of the property of such partnership,
syndicate, association or other organization are beneficially
owned by non-resident persons within the meaning of subclause
(i), (iii) or (iv),
(Iii) a trust in which non-resident persons within the meaning of
subclause (i), (Ii) or (iv) have 50 per cent or more of the beneficial
interests in the corpus of the trust or in the income arising there-
from, and "trust" includes the trustees under such a trust in
their capacity as the trustees thereof, or
(iv) a non-resident corporation.
5, Insert the name and place of residence - or in the case of a
corporation, the place of incorporation - of any transferee who
is a non-resident person. If space is insufficient, attach a list of those
transferees who are non-resident persons. If none of the transferees
is non-resident, insert 'none'.
Note: Where the person named in the instrument as grantee is
taking title on behalf of another person(s), the residency status to
be recited must be that of the person or persons who are the
beneficial owners of the land. not that of the grantee named in the
instrument. This applies regardless of whether the trustee or
nominee capacity of the grantee named in the Instrument is
Indicated on the Instrument.
6. Explain purpose of transfer: natural love and affection, pursuant to
court order, separation agreement, etc.
7. Insert mailing address(es) where municipal assessment notices for
property being conveyed are to be forwarded after closing of this
transaction.
SCHOOL TAX SUPPORT (Voluntary Election)
(a) & (b) The school tax support for the land being transferred will
be assigned to the publiC school board unless otherwise
directed, Only Roman Catholics can be separate school
supporters. If all individual transferees are Roman Catholic
and wish to be separate schools supporters, the completion
of items (a) and (b) will serve as notice to the Regional
Assessment Commissioner to enter the transferees on the
next Assessment Roll as Roman Catholic separate school
supporters. For further information on school support contact
your local school board,
(c) & (d) If the land being transferred is situate in an area in which a
French Language School Board has been established, and all
individual transferees have French language education rights,
completion of (c) and (d) will serve as notice to the
Regional Assessment Commissioner to enter the transferees on
the next Assessment Roll as French language school board
supporters.
Individuals. have French language education rights under s.23 of
the Canadian Charter of Rights and Freedoms if the individual
can answer yes to anyone of the following questions:
(i) Is French the language you first learned and still
understand?
(ii) Did you receive your elementary school instruction in
French? (This does not include French immersion or French as
a second language).
(Iii) Have any of your children received, or are they now
receiving elementary or secondary school instruction in Canada
in French? ( This does not include French immersion or French
as a second language).
This information is requested under the Authority of s.15 of the
Assessment Act.
For further information contact your local school board.
NOTE: IN ADDITION TO ATTACHING THIS AFFIDAVIT TO THE CONVEYANCE TENDERED FOR REGIS-
TRATION, ONE UNATTACHED, COMPLETED COPY MUST BE TENDERED TO THE LAND REGISTRAR AT
THE TIME OF REGISTRATION. (R) 04490 (lI().10)
.
TO: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
AND TO: SHIBLEY RlOHTON, their Solicitors herein
RE: 290572 ONTARIO UMlTED (the "Company") Plan of Sulxlivision
No. 18T-8911S, Municipality of Clarington Subdivision Agreement
CERTIfiCATE Of TITLE
I, Larry Allan Yanch, a Solicitor of the Ontario Court, do certify that:
a) I am the Solicitor for the Company and that the Company is the sole owner
in fee simple of all land described as Part of Parcel Plan 1, Section 40M- I
being Part of Parcel Plan 1, Section 40M- , being Blocks 43 and 44 Plan
40M- , Municipality of Clarington, Regional Municipality of Durham (the
''Lands'');
b) the Company is a valid and subsisting corporation in accordance with the laws
of the Province of Ontario with the capacity to convey land;
c) there are no mortgages or other encumbrances on the Lands except as have
postponed their interest to the Transfer (as hereinafter defined); and
d) the Transfer of Easement (the "Transfer") in respect of the Lands to The
Corporation of the Municipality of Clarington is not subject to the interest of
any party except the fee simple ownership of the Company and the mortgages
so postponed.
This certificate is given by me to The Corporation of the Municipality of Clarington
for the purpose of having the said Municipality rely upon it.
DATED at CJ 7ffffiJ~is / 7 day of August, 1993.
~
~ Larry AlUm Yanch, Solicitor
~
Province
of
Ontario
Transfer/Deed of Land
DYE" DURHAM co. INC.-Form No, 970
Amended NOY, 11112
Form 1 - Land Registration Reform Act
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TWO ---------------------------- Dollars $
(5) Description This is a: Property Property
Division 0 Consolidation 0
Part of parcelX~~Section 40M I 7 Lf 2
being Blocks 45 to 53 inclusive, Plan 40M 17 &.(- 'L .
Municipality of Clarington, Regional Municipality of
Durham
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(7) Interelt/Estate Tranlferred
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(6) This
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New Easement
Plan/Sketch
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(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)
,29,0.5.72, ON'r.(\RrQ ,LI.MI,T,EP,
.. , , ' , ,C>>.1 ~ .. , .. .. ..
Signatu~"""'-/' --?fY7'
I have authority to bind the
Date of Signature
Y M 0
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J. WAYNE JEFFERY - Secretary
corporation
r (9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signa!ure(s)
Date of Signature
Y M 0
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(10) Transferor(s) Address
for Service
58 Rossland Road West, Oshawa, ON
LIG 2V5
(11) Transferee(s)
Date of Birth
Y M 0
I
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(12) Transferee(s) Address
for Service 40 Temperance Street, Bowmanville, ON 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 50 of the Planning Act
Date of Signature Date of Signature
Y M D Y M 0
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Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to
-l determine that thiS transfer does not contravene that section and based on the ,nformation 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 ,M, 0
~ Address of i i
o Solicitor Signature, , , , , , , , . , , , , , , , , , ' ,,' , , I,." . , , .
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lij $1-2!
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(14) Solicitor for Transferee(s) t have investigated :he title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 50 (22) (c) (ii) of the Planning Act and that to the best of my knowledge and belief this transfer
does not contravene section 50 of the Planning Act I act independently of the solicitor for the transferor(s) and I am an Ontario soliCitor In good standing,
not assigned
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Date of Signature I
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,
Name and
Address of
SOlicitor
Signature.
(15) Aasessment Rotl Number
of Property
(16) Municipal Address of Property
Cty
: Mun
,
,
Map i Sub ,
Par.
Fees and Tax
not assigned
(17} Document Prej)ared b.!:
LARRY ALLAN YANCH
PARKHILL & YANCH
Barristers & Solicitors
63 King St E, Box 154
OSHAWA, ON
LIH 711
Registration Fee
Land Transfer Tax
;
MC
Total
J
DVEa~~:f;it~No.SOO r:::\ Affidavit of Residence and of Value of the Consideration
· \:::J Form 1 - Land Transfer Tax AC1
Refer to all instructions on reverse side. '"2- 1 . 4 I 7 '-I ~
IN THE MATTER OF THE CONVEYANCE OF (Insel1brlefd8$crlptlonofland) Part of Parce 1, Sect~on OM 7'-
heinq Blocks. 45 to 53. inclus.ive, plan 40M I 7 'f "L ..
Ml1ni~ip<'llity l'lf rl<'lringt:l'ln, Reginn<'l.l Mnnicipality of Durham
BY (print nMnefI of.ltnlnsfllfOlS In full) ?QOC;7? Ont:<'l.rio Limited
TO (_Instruction 1 andpflntna""ofll1l~/nfull) The Corporation of the Municipality of Clarinqton
/ ...
I, (_ InstllJCtlon 2 and prlnl n.me(s) In full)
Nicholas T. Macos
MAKE OATH AND SAY THAT:
1, I am (pl.ce. c16.r m811c wtthln ttre <</U8ffI oppos/te th81 one d ttre foIIaw/ng paragraphs th.t dftcfl"". ttre C8p8City of ttre deponent(s)): (_ 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-clescribed conveyance to whom the land is being conveyed;
o (c) A transferee named in the above-clescribed conveyance;
~ (d) The Qlnt.'Dll~xoexNX solicitor acting in this transaction for (Insel1 name(s) of prIncips/(s)) The Corporation of the Municipality
of Clarinqton
described in paragraph(s) (a), (bl. (c) above; (IItrtks out tflferw>ces ttJ 1n8ppI1c8b,. paragraphs)
o (e) The President; Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for (1".,11 nalM(s) of corporIItlon(s))
described in paragraph(s} (a), (b), (c) above; (stflks out ",fII,.nces to lnapp/iCllbltl paragraphs)
o (f) A transferee described in paragraph( . } (",..11 only one of pst'8f1rsph (8), (b) 01' (e) sbow, .. SPP/~) and am mak ing this affidavit on my own behalf and on
behalf of (",..11 nam8 of spoutItI) who is my spouse described
in paragraph ( ) (/MetI only one of pst'8f1raph (a), (b) or (e) 8boWl. .. sppI~) and as such, I have personal knowledge of the facts herein deposed to,
2, (To be completed where the lfIIlue of the consideration for the con~Y8nce exCfl#K/s $400,000).
I have read and considered thedefinition of "single family residence" set out in clause 1 (1) (ja) of the Act, The land conveyed in the above-clescribed conveyance
o contains at least one and not more than two single family residences,
o does not contain a single family residence,
o contains more than two single family residences, (_lnstllJCtlon 3)
NoIIt: Clause 211)(d) imposes an additional tax at the rate of one-half of one per
cent upon the value of consideration in excess of $400,000 where the convey-
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 (9) 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, (_ iMtrucIIons 4 Md 5) None
4, THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash , , , , . . , , , , , . . , . , . , . , , , , , , , , . , . . ,. $ 2.00
(b) Mortgages (i) Assumed (1Ihow principal Md In,.., ttJ be r:redillld .111III purr:hBSB price) .....', $ nil
(ji) Given back to vendor . . , . , . . . , . . . . . , . . , . , , , , , , , . . . .. $ nil
(c) Property transferred in exchange (dtltsll below) .. _ . , . . . , . . . , , , . . . , . , , $ nil
(d) Securities transferred to the value of (d8t8Il below) . . . . . . . . . , , . . . , , , . . . . , ., $ nil
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject . . . . , .. $ nil
(f) Other valuable consideration subject to land transfer tax (dtIt.' below) ..".." $ nil
All Blanks
Must Be
Filllld In.
Insel1 'Nil'
(g) VALUE OF LAND. BUILDING. FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Totsl of (s) to (fJ) ,..,..'.."""..",
(h) VALUE OF ALL CHATTE LS - items of tangible personal property
(Rst.11 S8ies Tax Is payable on ttre 118I,. of 111I t:haII8Is un'- exsmpt undflr
the provisions of the 'Relsll Sales Tax Act', R,S,O. 1980, e,4!$4, .. amended) . . . , , . , , . . . . . . . . . . . . - . , . . . . . . .. $
(j) 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. (_Instruction 6)
Transfer to Municipality pursuant to a Subdivision Agreement.
No
$
2_00
$
2,00
Where
AppIic8lN8,
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 Metropolitan Toronto
th~f ~ tg 93
A Commissioner for taking Affidavits, etc, ~--o^,NfJ tZ.(Ji)/\J{;;'S5
--t.. C -; '-'~.
8/gn.turs(s)
Prop
erty Information Record For Land Registry Office Use Only
Describe nature of instrument: Transfer of Land Registration No,
(j) Address of property being conveyed (If .vaI/8ble) not assigned
(ii) Assessment Roll No, (If ell8ll8bls) not assiqned
Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 Temperance Street, Bowmanville, Registration Date Land Registry Ollice No,
Ontario LlC 3AG
(j) R istration number for last conve ance of property being conveyed (ff evail8ble) unknown
A.
B.
C,
D. ~ Y
(ii) L~al description of property conveyed: Same as in D,(j) above. YesO No 0 Not known e:J
E. Name(s} and addressees} of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street, Toronto, Ontar~o M5H 2Z1
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all individual transferees Roman Catholic? Yes 0 No 0
(b) If Yes, do all individual transferees wish to be Roman Catholic Separate School Supporters? YesD No 0
(cl Do all individual transferees have French Language Education Rights? Yes 0 No 0
(d) If Yes, do all individual transferees wish to support the French Language School Board (where established)? YesD No 0
NOTE: As to (c) and (d) the land being ttansferred will be assigned to the French Public School Board or Sector unless otherwise directed in (a) and (b).
04490 (00.09)
Instructions
1. Where any transferee (other than a joint tenant) is taking less than the
whole interest in the property being acquired, then the percentage
ownership of each transferee must be clearly indicated beside his/her
respective name.
2. (i) It should be noted that if all deponents are not entitled to mark
the same square in paragraph 1 of the Affidavit, then more than one
Affidavit will be required. Only those deponents who are entitled to
mark the same square in paragraph 1 may swear the same Affidavit.
(ii) This Affidavit is required to be made by each transferee named in
the conveyance, by each person in trust for whom the land conveyed
in the conveyance described is being conveyed and by each trustee
named in the conveyance to whom the land is conveyed.
(iii) However, any of the transferees may have the Affidavit made on
his behalf by an agent authorized in writing to make the Affidavit or by
his solicitor. (See clause (d) of paragraph 1 of the Affidavit.)
(iv) The Affidavit for a transferee that is a corporation may be made
by its President, Vice-President, Manager, Secretary, Director or
Treasurer. (See clause (e) of paragraph 1 of the Affidavit.)
(v) Where transferees are married to each other, either spouse may
make the Affidavit on behalf of him/herself and the other. (See clause
(f) of paragraph 1 of the Affidavit.)
3. Extract of clause 1(1) (ia) of the Act:
(ia) "single family residence" means,
(i) a unit or proposed unit under the Condominium Act, or
(ii) a structure or part of a structure,
that is designed for occupation as the residence of one family,
including dependants or domestic employees of a member of the
family, whether or not rent is paid for the occupation of any part of such
residence, and whether or not the land on which the residence is
situated is zoned for residential use, and "single family residence"
includes any such residence that is to be constructed as part of the
arrangement relating to a conveyance of land, but does not include any
such residence constructed or to be constructed on agricultural land
where the transferor with respect to the land conveyed meets the
eligibility requirements for a farm tax reduction rebate. contained in
clause 4(b) or (c) of Ontario Regulation 716/83 made under the
Ministry of Agriculture and Food Act.
4. Note: Subsection 1(3) provides, inter alia. that an individual shall be
considered to be "ordinarily resident in Canada" If, at the time the
expression is being applied. he has sojourned in Canada during the next
preceding twenty-four months for a period of, or periods the
aggregate of which is 366 days or more.
Extract of clauses 1 (1) (f) and (g) of the Act:
(f) "non-resident corporation" means a corporation incorporated,
formed or otherwise organized in Canada or elsewhere,
(i) that has allotted and issued shares to which are
attached 50 per cent or more of the voting rights ordinarily
exercisable at meetings of the shareholders of the corporation
and that are owned by one or more non-resident persons, but
this subclause does not apply where it is established to the
satisfaction of the Minister that such one or more non-resident
persons do not in fact directly or indirectly exercise control
over the corporation and that subclause (v) does not apply to the
corporation,
(ii) that has allotted and issued shares to which are attached
25 per cent or more of the voting rights ordinarily exercisable at
meetings of the shareholders of the corporation and that are
owned by anyone non-resident person or by that person and
one or more persons who are associates of that person and who
are themselves non-resident persons, but this subclause does
not apply where it is established to the satisfaction of the
Minister that such non-resident person does not In fact
directly or indirectly exercise control over the corporation and
that subclause (v) does not apply to the corporation,
(Iii) one-half or more of the directors of which, or of the
persons occupying the position of director by whatever name
called, are individuals who are non-resident persons,
(iv) without share capital and one-half or more of the members
of which are non-resident. persons,
(v) that is controlled directly or indirectly by one or more non-
resident persons, including a non-resident corporation within the
definition contained in the provisions of this clause other than
this subclause,
(vi) one-quarter or more of the paid-up capital of which is held
by a non-resident person or by that person and one or more
.
persons who are associates of that perSon and who are them-
selves non-resident persons,
(vii) one-half or more of the paid-up capital of which is held by
one or more non-resident persons,
(viii) that would be required on dissolving, winding up, or any
other distribution that is not a dividend, to distribute one-quarter
or more..of its surplus to a non-resident person or to that person
and one or more persons who are associates of that person and
who are themselves non-resident persons, or
(ix) that would be required on dissolving, winding up, or
any other distribution of surplus that is not a dividend, to
distribute one-half or more of its surplus to one or more
non-resident persons.
(g) "non-resident person" means,
(i) an individual who is not ordinarily resident in Canada or who,
if ordinarily resident in Canada, is neither a Canadian citizen nor
an individual who has been lawfully admitted to Canada
for permanent residence in Canada,
(ii) a partnership, syndicate, association or other organization of
whatsoever kind of which one-half or more of the members are
non-resident persons within the meaning of subclause (i), (iii) or
(iv) or in which interests representing in value SOper cent or
more of the total value of the property of such partnership,
syndicate, association or other organization are beneficially
owned by non-resident persons within the meaning of subclause
(i), (Iii) or (iv),
(Iii) a trust in which non-resident persons within the meaning of
subclause (i), (i1) or (Iv) have 50 per cent or more of the beneficial
interests in the corpus of the trust or in the income arising there-
from, and "trust" includes the trustees under such a trust in
their capacity as the trustees thereof, or
(iv) a non-resident corporation.
5, Insert the name and place of residence - or in the case of a
corporation, the place of incorporation - of any transferee who
is a non-resident person, If space is insufficient, attach a list of those
transferees who are non-resident persons, If none of the transferees
is non-resident, insert 'none'.
Note: Where the person named in the instrument as grantee is
taking titie on behalf of another person(s), the resi'dency status to
be recited must be that of the person or persons who are the
beneficial owners of the land. not that of the grantee named in the
instrument. This applies regardless of whether the trustee or
nominee capacity of the grantee named In the instrument is
indicated on the instrument.
6. Explain purpose of transfer: natural love and affection, pursuant to
court order, separation agreement. etc,
7. Insert mailing address(es) where municipal assessment notices for
property being conveyed are to be forwarded after closing of this
transaction.
SCHOOL TAX SUPPORT (Voluntary Election)
(a) & (b) The school tax support for the land being transferred will
be assigned to the public school board unless otherwise
directed. Only Roman Catholics can be separate school
supporters. If all individual transferees are Roman Catholic
and wish to be separate schools supporters, the completion
of items (a) and (b) will serve as notice to the Regional
Assessment Commissioner to enter the transferees on the
next Assessment Roll as Roman Catholic separate school
supporters. For further information on school support contact
your local school board.
(c) & (d) If the land being transferred Is situate in an area in which a
French Language School Board has been established, and all
individual transferees have French language education rights.
completion of (c) and (d) will serve' as notice to the
Regional Assessment Commissioner to enter the transferees on
the next Assessment Roll as French language school board
supporters. .
Individuals have French language education rights under s.23 of
the Canadian Charter of Rights and Freedoms if the individual
can answer yes to anyone of the following questions:
(i) Is French the language you first learned and still
understand?
(ii) Did you receive your elementary school instruction in
French? (This does not include French immersion or French as
a second language).
(Iii) Have any of your children received, or are they now
receiving elementary or secondary school instruction in Canada
in French? (This does not include French immersion or French
as a second language).
This information is requested under the Authority of s,15 of the
Assessment Act.
For further information contact your local school board.
NOTE: IN ADDITION TO ATTACHING THIS AFFIDAVIT TO THE CONVEYANCE TENDERED FOR REGIS-
TRATION, ONE UNATTACHED, COMPLETED COpy MUST BE TENDERED TO THE LAND REGISTRAR AT
THE TIME OF REGISTRATION. (R)0449D(90-10)
TO: TIlE CORPORATION OF TIm MUNlCIPAUTY OF CLARINGTON
AND TO: SIllBLEY RIGHTON~ their Solicitors herein
RE: 290572 ONTARIO LIMITED (the "Company") Plan of Subdivision
No. 18T-89115, Municipality of Clarington Subdivision Agreement
CERTI~ICATE QF TITLE
I, Lany Allan Yanch, a Solicitor of the Ontario Court, do certify that:
a) I am the Solicitor for the Company and that the Company is the sole owner
in fee simple of all land described as Part of Parcel Plan 1, Section 40M- ,
being Blocks 45 to 53 inclusive, Plan 40M , Municipality of
Clarington, Regional Municipality of Durham (tbe "Lands");
b) tbe Company is a valid and subsisting corporation in accordance with the laws
of the Province of Ontario with the capacity to convey land;
c) the transfer in fee simple in respect of the Lands in favour of The
Corporation of the Municipality of Clarington (the "Transfer") is not subject
to the interest of any party.
This certificate is given by me to The Corporation of the Municipality of Clarington
for tbe purpose of having the said Municipality rely upon it.
~.'
DATED at (()3~#this// day of August, 1993.
~~~
.. Larry Allan Yanch, SolICItor