HomeMy WebLinkAbout92-217
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 92-l1Z
being a By-law to authorize the entering into an agreement with Kiddicorp
Investments Limited the owner of Plan of Subdivision 18T-90010 and the
corporation of the Town of Newcastle in respect of Plan 18T-90010.
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 18T-91006 and
Kiddicorp Investments Limited and the said Corporation in respect of Plan of
Subdivision 18T-90010;
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 9th day of
November
,1992.
BY-LAW read a second time this 9th day of
November
,1992.
BY-LAW read a third time and finally passed this 9th day of November
,1992.
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THIS AGREEMENT made in quintuplicate as of this 11H
day of MAt, 199'/-.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
- and -
KIDDICORP INVESTMENTS LTD.
(Owner of 'Firstly' described parcel in Schedule nAn)
- and -
290572 ONTARIO LIMITED
KIDDICORP INVESTMENTS LTD.
RICHARD H. GAY HOLDINGS LTD.
BONNYDON LIMITED
(Owners of 'Secondly' described parcel in Schedule "A")
- and -
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JOSEPH DWORAK LIMITED
(The "Mortgagee")
- and -
CANADIAN IMPERIAL BANK OF COMMERCE
(The "Mortgagee")
SUB D I V I S ION
A G R E E MEN T
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THIS AGREEMENT made in quintuplicate as of this 1.m
day of HAR" 199f.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
- and -
KIDDICORP INVESTMENTS LTD.
(Owner of 'Firstly' described parcel in Schedule "A")
- and -
290572 ONTARIO LIMITED
KIDDICORP INVESTMENTS LTD.
RICHARD H. GAY HOLDINGS LTD.
BONNYDON LIMITED
(Owners of 'Secondly' described parcel in Schedule "A")
- and -
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JOSEPH DWORAK LIMITED
(The "Mortgagee")
- and -
CANADIAN IMPERIAL BANK OF COMMERCE
(The "Mortgagee")
SUB D I V I S ION
A G R E E MEN T
rABJJE OF CQNmNm
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;\RTICLE
1.1
1.2
1 . INTERPRETATION AND SCHEDULES . . . . . . . . . . . . . . . . . . . .. 3
Defini tions ...................,......................... 3
Schedules ...........".,...... ill . . . . . .'. . . . . . . ,'. . . . , . . . ,. 9
ARTICLE 2. GENERAL ........................................... 10
2.1 Recitals in Operative Part of Agreement ...................... 10
2.2 Certification of Ownership . . . . . . . . . . . . . . . I . I . . . . . . . . . . . . . .. 10
2.3 Copy of Plan and Agreements Required I.... I . . . . . . . . . . . . . . .. 11
2.4 Transfer of Basements. . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . .. 11
2.5 Transfer of Lands ...... I . . . . . . . . . . . . . . . . . . . . . I . . . . I . . I .. 12
2.6 Registration of Transfers . . . . . . . . . . . I I . . I . . . . . . . . . . . . . . . . . . 12
2.7 Postponement of Mortgage ................ I . . " . . I . . . . . . .. 13
2.8 Lands for School Purposes . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
2.9 Charge on u.nds . . . . . . . . . . . . . . . . . . . . . . , . . , . . , . . . . . . . . . .. 14
2.10 Registration of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
2.11 Renegotiation and Amendment of Agreement .................. 14
2.12 Town to Act Promptly. . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . .. 16
2.13 A4\signment of Agreement ......... . . . . . . . . I . . . I I . . . I . . . . .. 16
2.14 Replacement of Draft Plan with Pinal Plan(s) ... I . . . . . . . . I . . . .. 16
2.15 Notification of Owner ...... I . . .. . . . . . . . . . . . . . . . . . . . . . . . .. 17
2.16 Successors.. 11II . . . . . . . . . . . . , . . . . . . " . " " " . . . . . " . . . . . . . . . . .. 17
2.17 Lot/Block Reference Numbers .. I . . . . . . . . . . . . . . . . . . . . . . . . .. 17 .
ARTICLE 3. FINANCIAL ............................ I . . . . . . . . . . . .. 17
3.1 Payment of Taxes .... I I . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . .. 17
3.2 Payment of Local Improvement Charges ...................... 18
3.3 Payment of Drainage Charges ...................... . . . . . . .. 18
3.4 Payment of Development Charges ... . . . . . . . . . . . . . . . . . . . . . . .. 18
3.5 Cash in Lieu of Land Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
3.6 Performance Guarantee Required I............ , . . . . . . . . . . . .. 19
3.7 Use of Performance Guarantee ............................. 20
3.8 Indemnification of Town I.... I . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20
3.9 Insuran.ce. . . . . . . . . . . . . . . . . . . " . . . . . " . . . . . . . . . . . . . . . . . .. 20
3.10 Maintenance Guarantee Required. . . . . . . . . . . . . . . . . . . . . . . . . .. 20
3.11 Use of Maintenance Guarantee. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21
3.12 Requirements for ReJea.l\e of Performance Guarantee ...... I . . . .. 22
3.13 Requirements for Release uf Maintenance Guarantee ............ 23
3.14 Payment of Town's Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
3.15 Unpaid Monies .............. . . . . " . . . . . . . . . . . . . . . . . . . . .. 24
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3.16
ARTI CLE
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.9
4.10
4.11
4.12
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Occupancy Permit Deposit. . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . .. 24
4 - PlANNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
Tree Preservation Plan ................................... 26
Landscaping Plan and Landscaping Requirements ............... 27
Use of Lands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28
Lands Unsuitable for Building. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28
Lands Requiring Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
Requirements for Building Permits .......................... 29
Model Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
Requirements for Sale of Lands. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33
Requirements for Occupancy Permit .......".................. 34
Cash in lieu of Lands for Park or Other Public Recreational ....... 36
Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
ARTICLE 5 - PUBLIC WORKS...................................... 41
5.1 Town Works Required ................................... 41
5.2 Utilities and Services Required ............................. 41
5.3 Owner's Engineer ....................................... 42
5.4 Design of Works ........................ . . . . . . . . . . . . . . .. 43
5.5 Engineering Drawings .................................... 43
5.6 Approval of Grading and Drainage Plan ...................... 45
5.7 Staging of Construction ............. " . . . . . . . . . . . . . . . . . . . .. 45
5.8 Approval of Schedule of Works . . . . . . .. . . . . . . . . . . . . . . . . . . . .. 46
5.9 Approval of Works Cost Estimates and Stage Cost Estimates. . . . . .. 46
5.10 Requirements for Authorization to Commence Works ............ 46
5.11 Requirements for Commencement of Subsequent Stages of Works. .. 50
5.12 Inspection and Stop Work .... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 50
5.13 Construction in Accordance with Engineering Drawings. . . . . . . . . .. 50
5.14 Sequence of Construction of Works . . . . . . . . . . . . . . . . . . . . . . . . .. 51
5.15 Completion Time for Construction of Works ................... 51
5.16 Additional Work ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 51
5.17 Incomplete or Faulty '^!.orks and Liens ....................... 51
5.18 Entry for Emergency Repairs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 54
5.19 Damage to Existing Services ............................... 54
5.20 Not Used ............................................. 54
5.21 Use of Works by Town ................................... 54
5.22 Maintenance of Roads after Completion ...................... 55
5.23 Requirements for Certificate of Completion . . . . . . . . . . . . . . . . . . .. 56
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5.24 Requirements for Certificate of Acceptance . . . . . . . . . . . . . . . . . . .. 56
5.25 Ownership of Works by Town .............................. 57
5.26 Requirements for Certificate of Release .........,.............. 57
5.27 Not Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 58
5.28 Cost of Works Referred to in Schedule "G" .................... 58
ARTICLE 6 - COMPLIANCE WITH REGULATIONS .................... 58
ARTICLE 7 - RESPONSIBILITY OF SUBSEQUENT OWNERS
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58
ARTICLE 8 - TIME OF ESSENCE ................................. 59
ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT
. . . . . . . . . . . . . . . . . .
59
SCHEDULES TO AGREEMENT
Schedule "A"
Schedule "B"
Schedule "C"
IlLegal Description of the Lands"
"Plan of Subdivision (reduction)"
"Charges Against the Lands"
"Schedule of Payment of Development Charges"
"Transfer of Easements"
Schedule "D"
Schedule "E"
Schedule "F"
"Lands to be Transferred to. Town and/or Cash to be Paid in
Lieu Thereor'
"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"
"Contribution to Courtice South Drainage
Outfa.ll System"
"Conservation Authority's Work"
"Engineering and Inspection Fees"
"Region's Conditions of Approval"
Not Used
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "]"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
. Schedule "P"
Schedule "Q"
Schedule "R"
Schedule "S"
Schedule "T'
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THIS AGREEMENT made in quintuplicate as of this
day of
, 199 .
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Hereinafter called the "Town"
OF THE FIRST PART
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KIDDICORP INVESTMENTS LTD.
(Owner of 'Firstly' described parcel in Schedule "A")
Hereinafter called the "Owner"
OF THE SECOND PART
- and -
290572 ONTARIO LIMITED
KIDDICORP INVESTMENTS LTD.
RICHARD H. GAY HOLDINGS LTD.
BONNYDON LIMITED
(Owners of 'Secondly' described parcel in Schedule "A")
Hereinafter called the "Owner"
OF THE THIRD PART
- and -
JOSEPH DWORAK LIMITED
Hereinafer called the "Mortgagee"
OF THE FOURTH 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 the mortgagee is the
only mortgagee or chargee of the lands;
D.
The Owner has received the approval of the Regional
Municipality of Durham, to draft Plan of Subidivision l8T-900l0 of the
lands subject to compliance with certain conditions thereto including the
making of the Subdivision Agreements with the Region and the Town,
respectively;
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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;
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-90010;
H. This Agreement is made pursuant to the provisions of Subsection 51(6) of the
Planning Act and is authorized by By-law No. 92-217 passed on November 9, 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) "Authorization to Commence Works" has the meaning assigned to it in
paragraph 5.10 of this Agreement.
(c) "Building Code Act" means the Building Code Act R.S.O. 1990 c. B. 13, as it
may be amended or replaced from time to time.
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(d) "Certificate of Acceptance" ha~ the meaning assigned to it in paragraph 5.24
of this Agreement.
(e) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23
of this Agreement.
(f) "Certificate of Release" bas the meaning assigned to in it paragraph 5.26 of
this Agreement.
(g) "Commissioner" means the Commissioner of Planning of the Regional
Municipality of Durham.
(h) "Connection Fee" has the meaning assigned to it in paragraph 4.12(13) of this
Agreement.
(i) "Construction Lien Act" means The Construction Lien Act, R.S.O. 1990 c.
C.30 as it may be amended or replaced from time to time.
(j) "Cost Sharing Report" means the "Cost Sharirig Report" referred to in
Schedule "0" of this Agreement.
(k) "Co-Tenancy Agreement" has the meaning assigned to it paragraph 4.12(15)
of this Agreement.
(I) "Council" means the Council of The Corporation of the Town of Newcastle.
(m) "Courtice South Drainage Outfall System" has the meaning assigned to it in
paragraph 4.12(15) of this Agreement.
(n) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this
Agreement
(0) lIDevelopment Charge" has the same meaning as is assigne,d to the term in the
Development Charges Act R.S.D. 1990, c. D.9.
(p) "Development Charge By-law" means Town By-law 92 - 105 as it may he
amended or 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.
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(q) "Development Charges Act" means the Development Charges Act, R.S.a. 1990
c. 0.9, a.~ it may he amended or replaced from time to time.
(r) "Director" means the Director of Public Works of the Town of Newcac;tle or
his designated representative.
(s) "Director of Community ~ervices" means the Director of Community Services
or his designated representative.
(t) "Director of Planning" means the Director of Planning and Development of
the Town of Newcastle or his designated representative.
(u) "Drainage Act" means the Drainage Act R.S.O. 1990, c. D. 17 as it may be
amended or replaced from time to time.
(v) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this
Agreement
(w) "Final Works" has the meaning assigned to it in Schedule "0" of th is
Agreement.
(x) "First Application" has the meaning assigned to it in Schedule "0" of this
Agreement.
(y) "First Excess Payment'l has the meaning assigned to it in Schedule liD" of this
Agreement.
(z) I'/Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this
Agreement.
(aa) "Second Excess Payment" has the meaning assigned to it in Schedule "D" of
this Agreement.
(bb) "Third Excess Payment" has the meaning assigned to it in Schedule "DII of this
Agreement.
(cc) "40M Planll has the meaning assigned to it in paragraph 2.3 ofthis Agreement.
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(dd) "Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6
of this Agreement.
(ee) "Initial Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(ff) "Land Registry Office" has the meaning assigned to it in Schedule "A" of this
Agreement.
(gg) "Lands" has the meaning assigned to it in Recital A of this Agreement.
(hh) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of this
Agreement.
(ii) "Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(1)
of this Agreement.
(jj) "Master Drainage Plan" lIas the meaning assigned to it in Schedule "G" of this
Agreement.
(kk) "Minister" means the Minister of Municipal Affairs, Ontario.
(11) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1) of
this Agreement.
(mm) "Newcastle Co-Tenancy" has the meaning assigned to it in paragraph 4.12(12)
of this Agreement.
(nn) "Newcastle Co-Tenancy Cost Apportionment Report" has the ,meaning
assigned to it in paragraph 4.12(12) of this Agreement.
(00) "Noise Impact Study" has the meaning assigned to it in paragraph 4.12(5) of
this Agreement.
(pp) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1) of
this Agreement.
(qq) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph
3.16(1) of this Agreement.
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(rr) "Occupancy Permit Scale" has the meaning assigned to it in paragraph 3.16(2)
of this Agreement.
(ss) "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.
(tt) "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.
(uu) "Owner's Engincer" 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.
(w) "Performancc Guarantec" has the meaning assigned to it in paragraph 3.6 of
this Agreement.
(ww) "Phase 1 of the Development of the Lands" means the development of the
portion of the Lands which is within the draft 40M Plan of Subdivision, a copy
of which is contained in Schedule "B".
(xx) "Phase Subseq~ent to Phase 1 of the Development of the Lands" means the
development of the whole, or any portion of the land, which are not located
within the draft 40M Plan of Subdivision contained in Schedule "B" after such
draft 40M Plan of Subdivision has been registered against the title to the
portion of the Lands to which it applies, and if the first "Phase Subsequent to
Phase 1 of the Development of the Lands" includes only a portion of the
Lands which are not located within such draft 40M Plan of Subdivision, the
term "Phase Subsequent to Phase I of Development of the Lands" means the
development of each portion of the Lands which is within a separate 40M
Plan of Subdivision which is registered against the title to the portion of the
Lands to which it applies.
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(yy) "Planning Act" means the Planning Act R.s.a. 1990 c. P. 13 as it may be
amended or replaced from time to time.
(ZZ) "Reapproved Engineering Drawings" has the meaning assigned to it in
paragraph 5.5 of this Agreement.
(aaa) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in
paragraph 5.6 of this Agreement.
(bbb) "Region" means The Corporation of the Regional Municipality of Durham.
(ccc) "Related Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(ddd) "Road System" has the meaning assigned to it in Schedule "G" of this
Agreement.
(eee) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this
Agreement.
(fff) "Security for the Maintenance Guarantee" has the meaning assigned to it in
paragraph 3.10(2) of this Agreement.
(ggg) "Solicitor" means the Solicitor for the Town.
. (hhh) "Stage Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this
-Agreement.
(Hi) "Staging Plan" means Ihe staging plan for the Lands approved by the Director
of Public Works pursuant to paragraph 5.11 of this Agreement.
ajD "Slormwaler Managemenl Syslem" has Ihe meaning assigned to it in Schedule
"G" of this Agreement.
(kkk) "Storm Sewer System" has the meaning assigned to it in Schedule "G;' of this
Agreement.
(III) "Street Lighting Syslem" has the meaning assigned 10 it in Schedule "G" of
this Agreement.
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(mmm) '''Temporary Occupancy Permit" h the meaning assigned to it paragraph
4.10(2) of this Agreement
(nnn) "'IiIe Drainage Act" me3l1S the Tile . age Act RS.O. 1990, c. T.8 as it may
be amended or replaced from time 0 time.
(000) "Town" means The Corporation 0 the Municipality of Clarington or any
official, designated by Council to a .. ter the terms of this Agreement.
(Ppp) norreasnrer" means the Treasurer of the Town or his designated representative.
(qqq) "Tree Preservation Plan" has the meaning assigned to it in paragraph 4.1(1)
of this Agreement.
(m) "Utillties and Sernces" means the utilities and services referred to in Schedule
"II" of this Agreement
(sss) "Works" has the meaning assigned it in paragraph 5.1 of this Agreement.
(ttt)
'Workers' Compensation Act" means tbe Workers' Compensation Act RS.O.
1990, c. W.11 as it may be amende~ or replaced from time to time. .
(uuu) "Works Cost Estimates" has the meaning assigned to it in paragraph 5.9 of
this Agreement.
(2)
Whether or not it so provides explicitly, ev ry provision of this Agreement by which
the Owner is required to undertake any action shall be deemed to include the ~ords
"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 incl~des the feminine.
1.2
Scbedules
The following Schedules wbicb are attacped hereto, together with all provisions
tberei~ are hereby made a part of this Agreement as fully and for all purposes as would be
tbe case if they were set out in the text of this ~eement as covenants and agreements:
\"oo~
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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"
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
"Land Unsuitable for Building"
"Land Requiring Site Plan Approval"
"Contribution to Courtice South Drainage
Outfall System
"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 "P"
Schedule "Q"
Schedule "R"
Schedule "S"
Schedule "T'
Schedule "U"
Schedule "V"
Schedule "W"
ARTICLE 2. GENERAL
2.1 Recitals in Operative Part of A~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.
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(2) On the execution of this Agreement, ihe 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:I'eements 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
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
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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 reg~stration of any Plan of Subdivision of the Lands or
a plan(s) of subdivision of any part(s) thereof, but prior to the issuance of a building
permit(s) for building(s) proposed to be constructed on a paiticular lot(s) or block(s),
in the opinion of the Director further easements in such lot(s) or block(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)
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 Re2istration 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
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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 Postponement of Mort2a2e
The Mortgagee hereby postpone its mortgage to this Agreement with the intent that
this Agreement shall take effect as though dated, executed and registered prior to the
mortgage. In the event that (1) the Mortgagee obtains an order of foreclosure against the
Owner, (2) the Mortgagee directly or indirectly take possession of the Lands, or (3) the
Lands are sold after default occurs under either mortgage, the Lands shall not be used or
developed by any person otherwise than in conformity with the provisions of this Agreement.
In order to give further assurance to the Town, the Mortgagee at its cost shall execute a
separate Postponement Agreement containing terms satisfactory to the Town's Solicitor
forthwith after being requested to do so by notice given in writing to the Mortgagee and to
deliver the same to the Town.
2.8 Lands for School Purposes
(1) On or prior to the execution of this Agreement, the Owner shall deposit with the
Town, a letter from each and every School Board having jurisdiction over the said
Lands stating that arrangements satisfactory to each and every School Board have
been made respecting the acquisition of any lands necessary for school purposes to
serve the said Lands.
(2) In the event that any School Board which has an option to acquire any lot(s) or
block(s) comprising part of the Lands does not exercise its option, forthwith after
such School Board fails to exercise such option, the Owner shall give notice to the
Town in writing that the School Board has not exercised its option. The Owner
hereby grants to the Town an irrevocable option to acquire such lot(s) or block(s)
on the same terms and conditions including, without limiting the generality of the
foregoing, the consideration to be paid to the Owner, as the School Board could have
acquired such lot(s) or block(s) by exercising its option as aforesaid, except that the
Town shall exercise the option hereby granted by giving written notice to the Owner
prior to the expiry of sixty (60) days after the Town receives the aforesaid notice
from the Owner that the School Board has failed to exercise its option. The
purchase of the lot(s) or block(s) in question by the Town shall be completed within
ninety (90) days after the exercise of the Town's option as aforesaid.
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2.9 Char~e on Land~
The Owner hereby charges all its interest in the Lands with the obligations set out
in this Agreement.
2.10 Re~istration of A2I'eement
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.
2.11 Rene~otiation and Amendment of A~reement
(1) Following the occurrence of any of the events set out below in this paragraph 2.11
(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;
(ii) the final Plan of Subdivision is not approved by the Region and registered
against the title to the Lands within eighteen (18) months aft~r the date as of
which this Agreement is made;
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(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 s~ch 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 ren~gotiation 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
Owner written notice declaring this Agreement to be terminated whereupon it shall
terminate.
(2) On the termination of this Agreement by the Town declaring it to be terminated in
accordance with paragraph 2.11(1), none of the Parties hereto may make any claim
a&ainst 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 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 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.
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2.12 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.
2.13 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.
2.14 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-900lO has been approved by
the Region. A copy of it is contained in Schedule "B" hereto. All 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-900lO 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-900lO for the purposes of
this Agreement. All 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", "a", "P" and "Q", in order to replace the descriptions and references to the red-
lined draft Plan of Subdivision 18T-900lO with descriptions and references to and
that are consistent with such registered final Plan of Subdivision.
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2.15 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: Kiddicorp Investments limited
1748 Baseline Road
Group 10, Box 7, R.R. #2
Bowmanville, Ontario
LIC 3K3 .
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.
2.16 Successors
This Agreement shall enure to the benefit of and be binding on the Parties hereto,
and their respective successors and assigns.
2.17 Lot/Block Reference Numbers
Subject to paragraph 2.14 of this Agreement, for the purposes of this Agreement, all
references to lot(s), block(s), 0.3 meter reserves, and road widenings reflect the numbering
of each as shown on draft Plan 18T-90010, as approved by the Commissioner of Planning
on September 15, 1992.
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.
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3.2 Payment of Local Improvement Char2es
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 Draina2e Char2es
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 Char2es
(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 "0" hereto.
Each payment of Development Charges set out in Schedule "0" shall be adjusted as
required by the Development Charge By-Law prior to the issuance of any building
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.
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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 Comm~nce 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
Town cash or an unconditional and irrevoca~le 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 Agreem~nt, the Town's Treasurer, acting reasonably,
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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/or
installation of the Works provided for in this Agreement.
(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
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 ilK" 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
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Agreement at the Owner's cost (the "Maintenance Guarantee"). The Owner shall be
given written notice of any such deficiency or defect by the Director forthwith after
he identifies the same.
(2) 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 Lighting 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
(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 that 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,
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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 Reauirements for Release of Performance Guarante~
(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
Owner as well as the contract documents, sub-contracts and supply con~racts
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.
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(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 Requirements for Release of Maintenance Guarantee
The Owner agrees that the Town shall not be required to release to the Owner the
Security for the Maintenance Guarantee until 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.
(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.
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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 shaH 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.
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 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 forty thousand
($40,000.00) dollars the "Occupancy Permit Deposit") to secure the performance of
the Owner's covenant to the Town 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 within Phase I of the
Development of the Lands pursuant to paragraph 4.10. The letter of credit shall
contain terms satisfactory to the Town's Treasurer. In the event that occupancy of
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dwelling(s) occurs before the date of issuance of an Occupancy Permit ~ontrary 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 behalf and at the Owner's cost.
In the event that the Town so appropriates the whole or any part of the Occupancy
Permit Depositt forthwith after it is given written notice of the amount of the
appropriation, the Owner shall restore the Occupancy Permit Deposit to the full
amount of forty thousand ($40,000.00) dollars. The Occupancy Permit Deposit or the
unused portion thereof shall be returned to the Owner at such time as the last
dwelling which may be constructed on the Lands is permitted to be occupied
pursuant to an Occupancy Permit. If a letter of credit is deposited as the Occupancy
Permit Deposit, the Town agrees to permit the Owner or a purchaser of a lot(s) or
block(s) on the 40M Plan contained in Schedule "B" to replace the letter of credit
from time to time, provided that at all times the Occupancy Permit Deposit is
maintained as is required by this paragraph 3.16(1). Following any such permitted
replacement of a letter of credit, the Town will return the replaced letter of credit
to the Owner or to the person for whom it was issued, as may be appropriate.
(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:
up to 50 lots
51 to 100 lots
101 to 250 lots
251 to 500 lots
over 500 lots
$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. 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 hot 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.
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(3) Prior to the issuance of a building permit for the first dwelling proposed to be
constructed in each Phase Subsequent to Phase I of the Development of the Lands,
the Owner will deposit with 'the Town an Occupancy Permit Deposit in the amount
produced by applying the Town's Occupancy Permit Scale which is current at the
date on which the Occupancy Permit Deposit is required to be lodged with the Town
to the number of lots within the Phase in question. The provisions of paragraph
3.16(1) shall apply in respect of the Occupancy Permit Deposit for each Phase
Subsequent to Phase I of the Development of the Lands, with all necessary changes
thereto being considered to have been made to give effect to the intent of this
paragraph 3.16(3).
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 in
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 existing at the date of this Agreement. No existing tree
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.
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4.2 Landscal>in~ Plan and Landscapin~ 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 pr~pare 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 settledto 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;
(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;
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(e) fencing other than noise fence which is required by paragraph 4.12 shall have
a minimum height of one point eigh~ (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
(f) 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, toprovide 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.
4.4 Lands Unsuitable for Buildin2
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 "N" 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.
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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 Buildin~ Permits
The execution of this Agreement by the Town, the approval by the Town of the 40M
Plan, for Phase I of the Development of the Lands or for any Phase Subsequent to Phase
I of the Development of the Lands 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 lot(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;
(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;
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(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 SeIYices. 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
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;
U) 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;
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(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)
propos'ed 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;
(I) 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
(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
Phase I of the Development of the Lands or a Phase Subsequent to Phase I of the
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Development of the Lands in which the lot(s) or block(s) in question is located,
satisfy the Architectural Control Standards contained in Schedule "Wit 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 an By-laws of the Town, the
Ontario Building Code Act and the Ontario Building Code;
(b) an 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 model 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), 4.6(n),
4.12(5) and 4.12(10) 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.
(3) Any model home(s) constructed on the Lands shall be used for sales display purposes
only and shall not be occupied for any residential purpose until such time as the
provision~ 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
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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
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;
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(c) the Owner has obtained from such prospective purchaser of a 10t(s) or b10ck(s), a
licence to permit the Owner and/or T~wn, to enter on the 10t(s) or b10ck(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 Ovmer 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 and 4.12(6) in respect of the obligations of subsequent
owners.
4.10 Requirements for 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, aJl at the
cost of the Owner;
(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;
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(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 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) Prior to the issuance of a "Temporary Occupancy Permit" referred to in Section
4.10(3), the Owner through its qualified acoustic engineer approved by the Director,
shall confirm in writing to the Director of Planning that the proposed dwelling(s) has
been constructed in acc9rdance with the approved "Noise Impact Study" (as hereafter
defined) referred to in paragraphs 4.12(5) and 4.12(8) of this Agreement.
(3) Notwithstanding th~ 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 4.1O( 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 4.1O(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
4.10(1)(e) within one (1) year from the date of the commencement of the Temporary
Occupancy Permit respecting the dwelJing in question. Until such written
confirmation is provided to the aforesaid Director, the Town may retain the
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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
(10) dayst 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 amount of the appropriation in question. If the written confirmation which is
required by paragraph 4.10(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 4.10(1).
4.11 Cash in lieu of Lands for Park or Other Public Recreational
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) Blocks 147, 148, 149, 150, 151t 152, 153, 154t 155t 156, 157, 158, 161t 162 and 163
shown on the draft Plan of Subdivision 18T-90010 shall not be developed except in
conjunction with the development of the lands which abut the Block in question.
The aforesaid Blocks shall be maintained by the Owner in a graded, sodded or
seeded and clean condition until developed.
(2) The Owner shall imple'ment those noise control measures as recommended in the
Environmental Noise Impact Statement as described in Abatement Measures
referred to in paragraph 4.12(5).
(3) During construction on the Lands the Owner shall maintain fire access routes to the
satisfaction of the Town's Fire Chief.
( 4) In cases in which 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
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Page 37
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.
(5) The Owner shall implement the specific noise recommendations contained in the
approved Environmental Noise Impact Statement for Plan of Subdivision 18T-9001O
dated August 25, 1992 as prepared by Aercoustics Engineering Limited (the "Noise
Impact Study") including those specific items noted below:
SUMMARY OF RECOMMENDED ABATEMENT MEASURES
Number I&t Abatement Measures Location
18T# Phase 1#
1. 1 to 5 3 to 7 - requires forced air ventilation
6 to 10 with "rough-in" provisions for
61 to 70 central air conditioning
135 to 138
Blk 139 Blk 55
Blk 140 Blk 54
Blk 141 Blk 53 - Warning Clause "A"
Blk 142 .
Blk 143
Blk 144
2. 5 7 - Requires 2.2 metre "L-shaped"
6L patio barrier or equivalent
138R based on house layout
approved by the Director of
Planning for each particular
lot
3. 3 6 - Requires a 1.6 metre
7L ilL-shaped" patio barrier
137R
4. 65 - Requires a 1.9 metre
66 "L-shaped" patio barrier or
6R equivalent based on house
138L layout approved by the
4 Director of Planning for
each particular lot
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67
- Requires a 1.5 metre
ilL-shaped" patio barrier
The above noted barriers shall be continuous with no holes or gaps and shall meet or
exceed a surface density of 4 Ibs./sq.ft.
(6) The following Warning Clause "A" regarding outdoor noise levels shall be attached
to all Offers of Purchase and Sale of dwellings for the fo)Jowing lots on the 18T-
90010 Plan:
.
Lots 1 to 5, 6 to 10, 61 to 70, 135 to 138 and Blocks 139 to 144 inclusive:
"Purchasers and/or tenants are advised that despite the inclusion of
noise control features in this development area and within the dwelling
unit, the noise levels from increasing traffic On Trulls Road may be of
concern. This dwelling unit has therefore been equipped with a forced
air heating system and the ducting, etc. sized and 'roughed-in' to
accommodate a central air conditioning unit. (Note: Should the
occupant decide to install central air conditioning in order to realize
a 'quiet', 'comfortable' indoor environment with windows closed, the
air cooled conden,ser unit must be located in a noise insensitive area)."
(7) The Owner shall comply with the provisions o'f Schedule "Q'" and Schedule "V"
hereto.
(8) The Owner shall implement the recommendations contained in the Noise Impact
Study. Without limiting the foregoing, the Owner shall:
(a) construct one" point five (1.5) metre to two point two (2.2) metre high
acoustical noise barrier fencing on the relevant lots and blocks referred to in
the Noise Impact Study;
(b) P I ace on ti lie appropriate warning cia uses fo r each of the lot( s) or block( s) in
question in accordance with paragraphs 4.12(6); and
(c) in addition to requirements of Schedule "W" the Owner shall by implementing
the construction techniques described in the Noise Impact Study, construct
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each dwelling in accordance with that Study. The construction techniques
shall include the following:
Win'dow Glazine and Door ConstructiQn
l&1Il
18T# Phase 1#
A.T.R. Glazine Requirement
(Pane-Gap-Pane) mm
Door Construction
4
6
Bedroom 27 "TOP-OBC" D2
Living Room 28 3-6-3 D2
Bedroom 31 3-6.;3 03
Living Room 32 4-20-4 03
5 7
6L
65
66
138R
6R
138L
7L
64
67
137R
Blk 142
Blk 143
Blk 144
7R
137L
Bedroom 30
Living Room 29
2-13-2
3-13-3
"TOP-OBC'
2-13-2
D2
D2
Bedroom 27
Living Room 27
D2
D2
Bedroom 25
Living Room 23
"TDP-OBC'
"TDP-OBC"
Dl
Dl
D3 - Denotes 35 mm solid slab door
D2 - Denotes 45 mm glass-fibre reinforced plastic door
with foam or glass-fibre insulated core (up to 20% glazed)
D1 - Denotes 45mm hollow core wood door (up to 20% of area glazed
Any standard thermal double pa~e meeting OBC will suffice for the remainder of the
development as well as the locations indicated "TOP-OBC".
(9) 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
to the Town. Paragraphs 2.5 and 2.6 of the Agreement apply in respect of such
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transfers with all changes necessary being considered to have been made to them to
give effect to this paragraph 4.12(9).
(10) Prior to the issuance of abuilding permit for a dwelIing proposed to be constructed
on any of the lots referred to in paragraphs 4.12(5) and 4.12(8) the Owner shall
provide its Acoustic Engineer's written certificate to the Director certifying that the
builder's plans for the dwelling are in accordance with the Noise Impact Study.
(11) Prior to the Owner requiring, causing or suffering any person to require the issuance
of building permits for more than fifty (50%) percent of the total number of
dwelIings. units permitted to be constructed on draft Plan of Subdivision 18T-9001O,
(a) Block 165 on draft Plan of Subdivision 18T-90010 and Parts 1 and 2 on plan
of survey of record 40R deposited in the Land Registry Office have
been transferred to the Town in fee simple absolute, free and clear of
encumbrances and restrictions, and
(b) Block 165 on the draft Plan of Subdivision 18T-9001O and Parts 1 and 2 on
Reference Plan 40R _ have frontage of at least thirty (30) metres in length
on a constructed and serviced public street in respect of which the Director
has issued a Certificate of Completion.
(12) The Owner acknowledges that (1) Claret Investments Limited and Rexgate Holdings
Limited, (the "Newcastle, Co-Tenancy") have constructed and installed at their
expense certain stormwork drainage works pursuant to an agreement (the "Co-
Tenancy Agreement") with the Town dated January 24, 1983 which works are
described therein as the "External Services" and the "Oversized Services", (2) a notice
of the Co-Tenancy Agreement was deposited in the Land Registry Office as
Instrument No. 1386, (3) the Owner and the Town intend that the Storm Sewer
System to be located on Phase 1 of the Development of the Lands will be connected
to the aforesaid works via a connection which the Town will permit to be installed
on Trulls Road, (4) a fair and reasonable fee to permit such connection is two
hundred and fifty thousand, eight hundred dollars and three cents ($250,800.03) plus
thirty-nine dollars and ninety-three cents ($39.93) for each day from April 30, 1993
to the day as of which this Agreement is made (the "Connection Fee"), (5) the
Connection Fee is the amount which is equal to the Owner's share of the cost of the
"Courtice South Drainage Outfall System" (as hereafter defined) which is referable
to Phase 1 of the Development of the Lands and the cost of the stormwater
management report on the inlet con.trols within the watershed undertaken for
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Sandbury Building Corporation by G.M. Sernas & Associates Ltd. dated July 8, 1987
as amended, finally approved by and on file with the Director and (6) the
Connection Fee in respect of the Storm Sewer System located on Phase 1 of the
Development of the Lands is determined in accordance with the Newcastle
Co-Tenancy Cost Apportionment Report prepared by G.M. Sernas & Associates Ltd.
dated October 1991, as updated from time to time and on deposit with and approved
by the Director. On the execution of tllis Agreement, the Owner shall pay to the
Town the amount of the connection fee to permit the connection via Trolls Road of
the Storm Sewer System to be located on Phase 1 of the Development of the Lands
to the Courtice South Drainage Outfall System. Prior to the approval of each Phase
Subsequent to Phase 1 of the Development of the Lands the Owner shall pay to the
Town as- a connection fee to permit the connection via land then owned by the Town
of the portion of the Storm Sewer System to be located on the part of the Lands
located on tbe Phase in question to the Courtice South Drainage Outfall System.
The Owner's share of the cost of the Courtice SOUtll Drainage Outfall System and
the aforesaid stormwater management report which is referable to the Phase in
question for which the aforesaid permission of the Town is sought shall be
determined by the Director to be the amount which is reasonably attributable to such
Phase in accordance with the Newcastle Co-Tenancy Cost Apportionment Report.
ARTICLE 5 - PUBLIC WORKS
5.1 Town Works Required
The Owner at the Owner's exp'ense 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 cos! .thereof in accordance with the provisions of this Agreement.
After the issuance of a Certificate of Acceptance, the Works referred to in such Certificate
, shall be the responsibility of the Town.
5.2 Utilities and Services Required
Either prior to or forthwith after the date of this Agreement, the Owner shall enter
into an Agreement(s) with the authorities or companies or company having jurisdiction in
respect of the Utilities and Services referred to in Schedule "H" in the area in which the said
Lands are located which provides for tile matters referred to in Schedule "H".
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5.3 Owner's Eneineer
(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. AIl 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 b:r 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
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
Guarantee 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 abando'ned 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
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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 Desien 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.
5.5 Eneineerine Drawines
(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
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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 the
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 shan
obtain from the prospective Owner's Engineer the aforesaid written
acknowledgement and permission. Forthwith after the Director gives the Owner's
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) shan be provided to the Director without cost to the
Town.
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5.6 Annroval of Gradin~ 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 Grading and
Drainage Plan shall be obtained prior to the commencement of construction or installation
of any of the Works on the Lands. If construction of such Works is not commenced within
two (2) years from the date of approval of the Grading and Drainage Plan, the Grading and
Drainage Plan shall be resubmitted to the Director for his reconsideration, and approval by
the Director after any revisions required by the Director have been made to it, (the
"Reapproved Grading and Drainage Plan"). From and after the approval by the Director
of the Reapproved Grading and Drainage Plan, it shall be deemed to be the Grading and
Drainage Plan for the purposes of this Agreement, and thereafter all Works shall be
constructed and installed in accordance with it.
5.7 Staeint! or 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 shalJ not proceed with the construction and instaIJation 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 instalJ 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 pran contained in Schedule "G-l" attached hereto
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.
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Subdivision Agreement
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5.8 Approval of Schedule of Work~
Prior to the issuance of any Authorization to Commence Work, the Owner shall
obtain tbe 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 Schedule 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 A
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. After 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. After
approval the Stage Cost Estimates shall be entered for the Owner an,d the Town by the
Director in Schedule "]".
5.10 Re uirements Ii r Authorizati n.
(I) The Owner shall not commence"the construction or installation of any of the Works
without the written permission of the Town, (the "Authorization to Commence
Works"). The Owner shall only commence the construction and installation of those
Works permitted by the Authorization to Commence Works. In addition to
satisfying all the other require,ments 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:
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(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;
(t) the Owner has delivered to the Town transfers of ,the lands and paid the
required cash in accordance with paragraphs 2.5 and 2.6 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 "H" that satisfactory Agreement(s)
have been entered into by the Owner with them for the design, construction,
installation and services of the Utilities and Services as is required by
paragraph 5.2 of this Agreement;
(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
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;
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CD 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 requir~d 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 aU
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;
0-
(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
Authorization 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
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of Natural Resour~es, 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;
(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; and
(v) the Owner has paid to the Town the Connection Fee in respect of Phase 1 of
the Development of the Lands, and the Owner has paid to the Town the
connection fee(s) for Phases Subsequent to Phase 1 of the Development of
the Lands if payable in accordance with paragraph 4.12(12) of this Agreement
when Authorization to Commence Work for the Phase(s) in question is
sought by the Owner.
(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(1)(b), provided tllat the requirements of clauses 5.1O(1)(d), (g), (h), (i), (j), (k),
(I), (m), (n), (0), (p), (q), (1'), (s), (t), (u) and (v) have been satisfied by the Owner
and the lands and easements considered by the Director to be necessary to
accommodate the W~rks and all components tbereof have been transferred to the
Town. In such a case, however, a Certificate of Completion of the Works, shall not
be issued by dIe Director until a Plan of Subdivision of the Lands lIas 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 tbe Director under this paragraph 5.10(2),
the Owner agrees with the Town that the constmction or installation of any of the
Works pursuant to paragraph 5.10(1), irundertaken, shall be undertaken at the sole
risk of the Owner and the Owner hereby waives any right that he might have to
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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.
S,ll Reouirements for Commencement of Subsequent Staees of Work~
If the Director has approved a Staging Plan for the Lands, the Owner shaH require
an Authorization to Commence Works for each stage defined in the Staging Plan.
5.12 Insnection and Ston 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 sha)) provide that employees or
representatives of the Town may, at any time, inspect the work of such contractor and sha))
require the contractor to comply with stop work orders given by the Director pursuant to
this paragraph 5.]2. 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 (]) 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.]2 by requiring the Owner's contractor and sub-contractors who are constructing and
iustalling 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 onstruction in Accordance with En
(I) 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".
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(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 by this Agreement
has been issued as provided in his Ag~eement. 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 shaH 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 Work~
FoJJowing the issuance of an Authorization, to Commence Works, the Owner shaJJ
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 Comoletion Time for Construction of Works
Within two (2) years of the date of the issuance of an Authorization to Commence
Works, the Owner shall complete the construction and installation of all of the Works
authorized in such Authorization to Commence Works with the exception o(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 a~d 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 stich completion in the Schedule
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of Wor-ks, 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
any part of them before completion, or (4) unreasonable delay occurs in 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 Works as provided by this Agreement. In
cases of an emergency or urgency, or in order to preserve the integrity oCthe 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 Parlies 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
.'
..'
Subdivision Agreement
Page 53
aH 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
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
shaH give the Owner written notice thereof. If the actual costs are less than the
estimated costs, the Owner shaH forthwith pay the Town an amount equal to the
difference between them. If the actual costs are Jess than the estimated costs, the
Town shaH 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 is a beneficiary of the statutory trust under the Construction Uen 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 within ten (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
hy 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.
,
.
..
. .
...
. .
Subdivision Agreement
Page 54
5.18 Entry for Emereency Repairs
In addition to the Town's other rights under this Agreement, the Owner
acknowledges and agrees that at any time and from time to time, employees or
representatives of the Town who are authorized by the Director, or contractors retained by
the Town may enter on the said Lands for the purpose of making emergency repairs to any
of the Works or components thereof, or repairs considered by the Director to be necessary
for the safety of persons or the security or integrity of any of the Works. Such entry and
repairs shall not be deemed to be an acceptance of any of the Works by the Town, nor an
'assumption by the Town of any responsibility or liability in connection therewith, or a
r~lease by the T9wn 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 comp~ny 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 Not Used
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
Subdivision Agreement
Page 55
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 aller Comnletion
(1) In addition to any other rcquircmcnt of this Agreement thatthc 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 Certificatc of Acceptance has been issued for such
road(s), and withollllimiting thc 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 vchicular traffic, to the approval of the
Director;
(b) during the course of construction and installation of the Works, Utilities and
Services pursuant to this Agreemcnt, provide and maintain safe and adequate
acccss to all occupicd buildings; and
(c) erect a sign 10 thc 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 behal[ of the Owner until the Certificate
of Complction of thc Final \Vorks has been issued, provided that until the date of
issuance of thc a[oresaid Certificate of Completion, the Owner shall pay to the Town
onc hundred (100%) percent o[ the costs of sllOwplollghing and sanding such road(s),
as determined by the ~i.rector, from time to timc, 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 ullde'r paragraphs 5.] S, 5.19 or 5.22(2) in respect of
road(s), is not intended Ilor shall it in any way constitute or be taken to constitute
the approval or assumplion by the Town o[ the mad(s) in question. The road(s)
shall not be deemed to have been assumed ulltil both a Certificate of Acceptance has
been issued, and a lJy-law has been passed hy Town Couocil dedicating the road(s)
as public highway(s) and asslIming it [or the purpose of liability to repair and
J\ _,
, ,
Subdivision Agreement
Page 56
maintain it as provided by the Municipal Act, and such By-law has beeQ registered
in the Land Registry Office.
5.23 Reouirements for Certificate of Comnletion
The Owner aCknowledges and agrees that the conSlruction and installation of any of
the Works aUlhorized 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 Ihe Works authorized by the Authorization
to Commence Works for which a Certificale of Completion is required, have been inspected
by the Director, and he is satisfied such Works have been construcled 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.
5.24 Reouirements for Certificate of Accentnnc~
The Owner acknowledges and agrees that none of Ihe 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 accepled ("Ihe Certificate of Acceptance)". If the
requirements of this Agreement respecting the issuance of a Certificate of Acceptance nf
Ihe Initial Works, the Stormwater Management System and/or the Street Lighting System
have been satisfied, and wilhoutlimiling the generalily of Ihe foregoing, if Ihe Director is
of Ihe opinion that the Works in question have been mainlained in compliance with
paragraph 3.10 and all deficiencies and defecls in such Wurks 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 relevanl Wurks. If Ihe re'luiremenlS of this Agreement
respecting the issuance of a Certificate of Acceplance of the Final Works have been
satisfied, and without limiting the generality of the foregoing, if the Director is of the
opinion Ihat the Works in question have been mainlained in ~ccordance with paragraph 3.10
and all deficiencies and defecls in such -Works have been remedied and corrected by the
Owner, and the Director reports his opinion Iha( such Works should be accepted by the
Town for the Town Council, Council may approve the reporl of Ihe Direclor. FOllowing
Council's.approval of this report as aforesaid the Director muy provide Ihe Owner with a
Certificate of Acceptance of the Final Works.
.'
'" l . "Ii(
Subdivision Agreement
Page 57
5.25 Qwnership of Worl<s 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 shaIl have
no right or claim thereto, other than as an Owner of land abutting a highway in which such
Works are installed.
5.26 Reouirements 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 shaH be in a form suitable
for registration or deposit in the proper Land Registry Office. In addilion to the Owner
satisfyiog the other requirements of this Agreement respecling the issuance of a Certificate
of Release, the Certificate of Release shall not be issued until:
(a) a Certificate(s) of Acceptance has been issued for all the Works;
(b) a registered Ontario Land Surveyor, acceptable to the Director and retained
by the Owner at the Owner's expense has provided the Town with written
confirmation that at a date not earlier than the 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 roetd(s) on such Plan; and
(c) Town Council has by resolulion, acknowledgcd that the Owner has satisfied
all of the provisions df 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 there.of which are described therein of the
obligalions of the Owner under this Agreement with the exception of (I) the Owner's
obligalion 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.
.
,) "
"-t f -'1 t
Subdivision Agreement
Page 58
5.27 Not Useq
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. TIle 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
comply with the pro',isions of the Occupational Health and Sufety Act, and the Workers'
Compensation Act.
ARTI LE 7
ENT OWNER
'After 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 adequllte drainage of surface waters from
such lot(s) Or block(s) in accordance will1the 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 bJock(s) in
question; and
(c) the maintenance of fencing required by Schedule "G" and paragraph 4.2.
. 1 ( FT'"
~~ubGi~ision Agreement
ARTICLE 8 - TIME OF ESSENCE
Page 59
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 if fully enforceable by the Parties, and that this Agreement is
made by the Town in reliance on the acknowledgement and agreement of the
Owner of the aforesaid.
IN WITNESS WHEREOF the Parties hereto have hereunto set their
hands and seals the day and year 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:
KIDDICORP INVESTMENTS LTD.
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Name: Title:
290572 ONTARIO LIMITED
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Title:
KIDDICORP INVESTMENTS LTD.
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Name: Title:
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Title:
BONNYDON LIMITED
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JOSEPH DWORAK LIMITED
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S C H E D U L E
"A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-law No. 92-217 of the Corporation of the
Municipality of Clarington (former Town of Newcastle), enacted and passed
the 9th day of November, 1992.
LEGAL DESCRIPTION OF LANDS
FIRSTLY
All and singular that certain parcel of land and premises, situated lying
and being in the Municipality of Clarington formerly Township of
Darlington, Regional Municipality of Durham and being comprised of Part of
Lot 30, Concession 2 in the Municipality of Clarington, Regional
Municipali ty 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") as Plan 10R-3824.
SECONDLY
All and singular that certain parcel of land and premises, situated lying
and being in the Municipality of Clarington formerly Township of
Darlington, Regional Municipality of Durham and being comprised of Part of
Lot 30, Concession 2 in the Municipality of Clarington, Regional
Municipali ty 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") as Plan 40R-14404.
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THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been
authorized and approved by By-law No. 92-217 of e Corporation of the Municipality of
Claringto~ enacted and passed the 9th day of No ember, 1992.
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Puw OF SUBoMsIoH OF
PART OF LOT 30.
CONCESSION 2
I Gcot<_ fOWNSHlP OF IlARUNCiTOH I
NOW IN THE TOWN OF NEWCASTLE
llfGIOHoL ~AUfY OF llURlW.e
J. D. IIARNfS UMlfm .993
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PI.AH OF SlllIllMsION OF
PART OF lOT 30.
CONCESSION 2
I c.o._ 'OWNsHoP Of' DMlllNGrOH I
NOW IN THE TOWN OF NEWCASTLE
REGIONAl.. MLf<IOpAUTY OF IlUlIW.I
... o. llARNES LMTED
1993
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SCHEDULE tiC"
I
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been
authorized and approved by By-law No. 92-217 0 the Corporation of the Municipality of
ClaringtQD, enacted and passed the 9th day of No ember, 1992.
(P.d] Ex' .)
,aI pnor to ecntion
(Paid p~or to Execution)
(paid pJor to Execution)
(1) Municipal Taxes
(2) Local Improvement Charges
(3) Drainage Charges
6 (l 0 IP-I
31~SV~A\3N dO Nl\~
O~90_C~ll_9n,o,
CZ_: 01 C6/901 L11
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SCHEOULE liD-
I
THIS SCHEDULE IS SCHEDULE "DII to the Agreement which has been
I
authorized and approved by By-law No. 92-217 0 the Corporation of the Municipality of
CIarington, enacted and passed the 9th day of No ember, 1992.
SCHEDULE OF PAYMENTS OF DEVEWPMENT CHARGES
Subject to paragraph 3.4(1) of this Agreement the Owner shall make the
following payments on account of Development arges to the Town in respect of the
development of the Lands consisting of seventy eight (78) single family dwellings; one
hlmdred and twenty-four (124) ,semi-detached d ellings; and forty-eight (48) townhouse
dwellings (collectively referred to as the "Total ellings") on the occasions set out below.
Subject to the adjustments referred to in paragrap I 3.4 (1) of this one million two hundred
thousand, one hundred and fifty-two ($1,200,152.00) dollars. The payments that the Owner
shall make to the Town are the following:
I. PHASE 1 OF THE DEVELOPMENT OF THE LAND&
Phase 1 of the Development of the lands
semi-detached dwellings and 24 townhouse units.
paragraph 3.4(1) of this Agreement, the aggregate
as follows:
nsists of 17 single family dwellings, 108
ubject to the adjustments referred to in
ount so payable is $718,636.00 payable
(a) Twenty-five (25%) percent of the oresaid aggregate amount being one
hundred seventy-nine' thousand, s. hundred and fifty-nine ($179,659.00)
dollars on the filing of an appHcatio for a building permit for the first (1st)
dwelling proposed to be constructe on the Lands (the "First Application"),
provided that if the number, of b . g permits for which applications are
made in the first (1st) year followipg the making of the First Application
exceeds twenty-five (2S~) percent o~the Total Dwellings, the Owner shall pay
with each application for a buildin. 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 "Frrst Excess Payment).
(b) Twenty-five (25%) percent of the oresaid aggregate amount being One
hundred seventy-nine thousand, s. hundred and fifty-nine ($179,659.00)
dollars less an amount equal to the first Excess Payment, if any, on the first
(1st) anniversary of the First App~cation, provided that if the number of
building permits for which applidtions are made in the first (1st) year
OTO!l'1
31~SV~M3N dO NM~
OC90 CZ9 9TtQ, cz: 01 C6/90/~
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Schedule "D"
-2-
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 one
hundred seventy...nine thousand, six hundred and fifty-nine ($179,659.00)
dollars less an amount equal to the aggregate of the First Excess Payment and
the Second Excess 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 one
hundred seventy-nine thousand, six hundred and fifty-nine ($179,659.00)
dollars 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.
II. PHASE SUBSE~UENT TO PHASE 1 OF THE DEVELOPMENT OF THE LANDS
(a) Twenty-five (25%) percent of the aggregate amount in respect of dwellings
proposed for each Phase Subsequent to Phase 1 of the Development of the
Lands 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 eqqal to the amount of the development charges imposed by
the Development Charges By-law for the additional dwelling or dwellings in
question (the "First Excess Payment").
.
"
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"
SCHEDUL~ "E~
-\ j { ..... l
THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been
authorized and approved by-law No. 92-217 of The Corporation of the Municipality of
Clarlngton, enacted and passed the 9th day of November. 1992.
fIlASE 1
(1) On the execution of this Agreement, the Owner shall deliver to the Town transfers
of the following easements:
(a) Storm sewers and emergency access:
- Part 2 on Plan 40R _ (Lots _ and ---J
(2) Easements for the storm sewers and emergency access 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 tbe Lands as may be required by and
to the satisfaction of the Director by notice given in writing to We Owner. The
Director shall determine the duration and terms of any such easements. The
transfers shall he prepared by the Owner at its cost, shall be free and clear of all
encumbrances and restrictions, shall contain other provisions satisfactory to the
Town's solicitor, shall be made for a nominal consideration, and shall be in
registrable form. 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 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
wbich are external to the said Lands at no expense to tbe 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.
,(5) Easements within each Phase Subsequent to Phase 1 of the Development of the
Lands as may be required by and to the satisfaction of the Director, shall be
transferred by the Owner to the Town prior to the registration against title of the
4QM Plan of Subdivision for the Phase in question. the Director shall determine the
TTfll'll1
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fir. RO r.1.n An.o.
J'Z:OT CO/PO/LO
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Schedule "E"
-2-
duration and terms of any such easements. The transfers shall be prepared by the
Owner at its cost, shall be free and clear of all encumbrances and restrictions, shall
contain other provisions satisfactory to the Town's Solicitor, shall be made for a
nominal consideration, and shall be in registrable form. Prior to the registration of
the transfer(s) of such easements, against the title to the applicable Lands, the Owner
agrees with the Town that it will not require the issuance of building permits for the
construction of buildings or structures on the portion of the Lands within the 40M
Plan of Subdivision in question.
" (
SCHEDULE "F'
~ . 1 I.' I
THIS Sc.;1ilivULE IS SCHEDULE II}?" to the Agreement which has been
authorized and approved by By~law No. 92-217 of the Corporation of the Municipality of
Clarington, enacted and passed on the 9th day of November, 1992.
LANDS TO BE TRANSFERRED TO TOWN AND/OR CASH TO BE PAID
.
IN LIEU THEREOF
PHASE 1
(1) Dedication of Lands
The Owner shall deliver to the Town in a form satisfactory to tbe Town. transfers in
fee simple absolute of the following lands shown on the 40M Plan;
(a) Road widening
- Block 58
'"
(b) O.3m reserves
- Blocks 59, 60. 61, 62, 63 and 64
(2) Dedication of Land External to the 40M .Plan:
The Owner shall deli~er to the Town in a form satisfactory to the Town. transfers in
fee simple absolute of the following lands external to the 40M Plan:
(a) Sandringham Drive Extensions
- Part 1, Plan 40R _
(b) O.3m reserves on Sandringham Drive
- Parts 2. 3 and 4, Plan 40R _
(c) Park
- Parts 1 and 2, Plan 40R
(d)
Storm water Management Facility
- Parts 1 and 2, Plan 40R --.:.-
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Schedule "F"
-2-
PHASE 2
(1) Dedication of Lands
The Owner shall deliver to the Town in a form satisfactory to the Town, transfers in
fee simple absolute the following land shown on the 40M Plan-
(a) O.3m reserves
- Blocks 26, 27 and 28
(c) Parks
- Block 21
The Owner acknowledges and agrees that it will not require any payment,
compensation or credit under any statute, by-law or rule in either law or equity as a result
of the Owner's dedication of a portion of the Lands for park purposes which may have an
area in excess of five percent of the area of the Lands.
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PLAN OF SURVEY
OF' PAR'" OF :..0T .33, CONCESSIUN 2.
GEOGRAPHIC TOWN~HIP OF DARLING iON,
TOWN OF NEWCASTlE
REG:ONAL Mur!!c!p,AUTY OF DURHAM
SCALE 1 500
'lOW in
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W, JOt-'N 9'.'RG. Q,L.S., 1992.
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PLAN Cf' SURvEy OF
PART OF LOT 30
CONCESSION 2
Geographic TONNSHIP OF DARt.J\GrOO
NOW N THE TOWN 0 F NE:WcAsn.E
REGIONAL MLNIOPAlITY OF DURHAM
SCAt. ( I: XlI,)
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PLIIN Of SURVEY OF
PART OF LOTS 29 AND 30
CONCESSION 2
Geographic TOWNSHIP OF DMUNGTON
NOW IN THE TOWN OF NEWCAsTLE
REGIONAL MUNIC/PAUTY OF DURHAM
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PI. AN IY SURvEy OF
PART OF LOT 30
CONCESSION 2
CEOGRAAnc r~1P or Oo\RllNGTON
NOW IN THE TOWN OF NEWCASTlE
REGIONAL MUNICIPALITY CF DURHAM
SCALE I . 1000
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SCHEDULE "G"
'IBIS SCHEDULE IS SCHEDULE llGIt to the Agreement which has been
authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of
Clarington, enacted and passed on the 9th day of November, 1992.
WORKS REOIDRED
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
tbe Engineering Drawings, all to the approval of the Director:
(l)(a) A storm sewer system for the removal of upstream storm water and stonn water
originating within the said Lands, including storm sewer m~im; and connectio~,
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").
(b) 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").
( c) 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 oftuming circles, and the Works required within
the road, including suitable subgrade, subbase and base granular materials, snbdrains,
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").
(d) A street lighting system which provides iIInmination of roads and Walkways to serve
the said Lands including all connections, energy and maintenance costs, appurtenantIapparatus and equipment, in the locations as approved by the Director (the "Street
lighting System").
(e) Related Works including grading, siltation control. landscaping, fencing, noise
attenuation measures, walkways (including lighting) and other miscellaneous Works
crn w.J
311SV~M3N dO N~~
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Schedule "G"
-2-
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;
grading and siltation control; and
noise attenuation fencing (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".
, .
.' .<
SCHEDULE- ~
" J J r 1'1 I
TInS . SCHEDULE IS SCHEDULE lrfl1I to the Agreement which has been
authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of
Clarlngton, enacted and passed on the 9th day of Novembe!, 1992.
U'IlLITIES AND SERVICES REOUIRED
1. ELEcrRICAL SUPPLY SYSlEM
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 shalt 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 dismption of munlclpal services.
2. TELEPHONE SYSTEM
The Owner shall arrange with Community Telephone Limited and/or Ben 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.
3. G~ StWPLY SYSTEM
The Owner shall arrange with an appropriate gas company for the design, provision
and installation of a complete gas supply system to serve the said Lands, including gas
mains, and all appurtenant manholes, laterals, service connections, apparatus and
equipment in the locations as approved by the Director.
4. 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 distnoution system to serve the sai,d
Lands. All cable television services are to be installed underground.
no~
31J..sV~A\3N dO N,l\l.
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. ,
Schedule "H"
-2-
5. MAIL DISTRIBUTION SYSTEM
The Owner shall arrange with Canada Post for the provision and installation of a
mail distribution system to service ~he said Lands, in the location as approved by the
Director.
\- t t .
, ,
SCHEDULE "I"
&
TIllS' SCHEDULE IS SCHEDULE "I" to the Agreement which bas been
authorized and approved by By-law No. 92.217 of the Corporation of the MUD1cJpaJity of
Clarington, enacted and passed on the 9th day of November, 1992.
DIITIES OF OWNER'S ENGINEER
1. DESIGN WORKs AND PRIVATE WORl\.S
In addition to the other requirements of this Agreement, the Owner's Engineer shall
prepare all drawings, plans, studies, reports, estimates. calculations and documentation
for the consideration and approval of the Director, whicb include:
I
(a) the Engineering Drawings and ,other related Drawings;
(b) the Grading Plans, Drainage Plan~ Landscaping Plans, Staging Plans,
Utility Composite Plans, Master Drainage Plans, Erosion and
Sedimentation Control Plans, Tree Preservation Plans, and other
related Plans;
(c) Traffic Reports, Soils Reports, Geotechnical Reports, Stormwater
Management Reports. Stomwater Implementation Reports and other
related Reports;
~
~
(d) Schedules of Work;
(e) the Works Cost Estimates or Stage Cost Estimate; and
(f) all documentation and verification to support Penormance Guarantee
and Security for the Maintenance Guarantee reduction submissions.
The approval of the Director shall not absolve or release tbe Owner or the Owner's
Engineer of the respO,nsibility and liability for any errors or omissions in the above
drawings. plans, reports, stages or documentation or from liability for any damage or loss
caused or resulting directly or indirectly by tbe Owner's Engineer.
2. REPRESENT OWNER AND OBTAIN TOWN APPROVALS
The Owners Engineer is hereby authorized by the Owner to act as the Owner's
representative in all matters pertaJolng to the design, construction and installation of the
no~
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Schedule "I"
-2-
Works and the overall management of the development, and shall co-operate with the
Town and the Director to protect the interests of the Town and the general public in all
matters relating to the design, construction ,and installation of the Works. In addition,
the Owner's Engineer shall work in accordance with all conditions of this Agreement,
including Section 5 and Schedules "G", "H", "I", "]" and "L".
3. PROVIDE RESIDENT SUPERVISION
The Owner's Engineer shall provide fully qualified, experienced supervisory layout
and inspection staff, acceptable to the Director, 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 provlSlon of line and grade to the
contractors and, where required, restaking; and
(b) thoroughly inspect the construction, installation, and supply of materials to
~nsure that all work is being performed in accordance with the Engineering
Drawings, Town Standard Drawings and Specifications and all other
regulations and legislation. The Owner's Engineer shall have the authority
and responsibility to immediately stop and/or reject any work, procedure, or
material not complying with the aforementioned; and
(c) arrange for or carry out all necessary monitoring and field testing of
procedures, equipment and materials installed or proposed to be installed
and, in conjunction with the Geotechnical Engineer, and where appropriate,
the Structural Engineer, provide certification to the Director that all
monitoring and test results meet the requirements of Schedule "L" of this
Agreement; and
(d) provide co-ordination and scheduling of the construction and installation of
the Works in accordance with the timing provision contained herein and the
requirements of the Director; and
(e) investigate and immediately report to the Director any unusual circumstances,
potential problems, conflicts, errors, defective work or material which may
arise during the construction and installation of the Works; and
~
. ,
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t- '. '.' t
Schedule "I"
-3-
(f)
obtain field information, during and upon completion of the construction and
installation of the Works, required to modify the Engineering Drawings to
produce the as-constructed drawings.
~
4. MAINTAIN RECORDS
The Owner's Engineer shall maintain all records, data, reports, approvals and orders
pertaining to the construction and installation including all contract documents, sub-
contracts and supply contracts, payment certificates, payment records and receipts,
certificates of substantial performance, the names and addresses of all contractors, sub-
contractors and suppliers of materials and services, certificates of completion of sub-
contracts and proof of service and publication thereof in accordance with the provisions
of applicable legislation and make all of the foregoing available for examination by the
Director as required by the Director without cost. If any change is made in the terms
of a contract, sub-contract or supply contract or in the name or address of a contractor,
sub-contractor and supplier from information that may not have been provided to the
Director by the Owner or the Owner's Engineer pursuant to this Agreement, the Owner's
Engineer immediately after becoming apprised of each change shall give the Director
written notice of it.
5. PROVIDE PROGRESS REPORTS
The Owner's Engineer shall provide the Director with reports on the progress of the
constrll;ction and installation of the Works on a monthly basis, or at such other interval
as approved by the Director.
6. PREPARE AS-CONSTRUCTED DRAWINGS
The Owner's Engineer shall prepare and submit the as-constructed drawings of the
Works together with the computer disks, if any have been prepared, to the Director
provided that the as-constructed drawings shall be prepared to the satisfaction of the
Director.
'. ,
~ . I
, .
" ,~ SCHEDULE "J"
TIns, SCHEDULE IS SCHEDULE "J" to the Agreement which has been
authorized and approved By-law No. 92-217 of the COIporation of the Municipality of
ClaringtoD, enacted and passed on the 9th day of November, 1992.
WORKS COST ESTIMAIES
ItHASE 1 OF THE DEVELOPMENT OF TIlE LANDS
1. INITIAL WORKS
a Stonn Sewer System
b. Initial Roadworks
c. Grading and Siltation Control
d. Noise Attenuation Fencing
$ 39l,214.90
$ 285,262.75
$ 117600.00
$ 2,000.00 '
$ 1947275.00
$ 19,000.00
2. STORMWATER MANAGEMENT SYSTEM
3. STREET LIGlITING SYSTEM
4. FINAL WORKS
a.
b.
Final Roadworks
Boulevard and Driveway Works
Street Trees
Fencing Works
$ 209,235.40
$ 82,605.00
$ 4~0.00
$ 13,185.00
c.
d
Sub-total
$ 1,249,628.05
$ 62.481.40
5% Contingencies
Sub-total
$ 1~12,109.45
$ 131.2~
10% Engineering
Sub-total
$ lA43,320.40
$ 101.032.43
G.S.T. Allowance
TotBI Estimated Value of the Works:
$ 1,544~5283
Ll.544.352.~
Total Amount of Perfonnance Guarantee:
9Tn~
31~SVJM3N dO N~~
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Schedule "J" ,
-2-
PHASE
F THE DEVEL PMENT OF THE LAND
PERFORMANCE GUARANTEE
The Performance Guaranlee for the Works shall be based on the preliminary Works
Cost Estimates which have been submilled to the Direclor by the Owner's Engineer and
approved by the Direclor. When the Engineering Drawings and the Landscaping Plan bave
been approved by the appropriale Direclor as is required by tbis Agreement, a revised
Works COSl Eslimates for tbe conSlruclion and installation of Works sball be prepared by
the Owner's Engineer and submilled to lbe Director for approval. Tbe revised Works Cost
Estimates shall be used as a basis 10 adjust the Performance Guarantee, in the event of an
increase or decrease in the Works Cost Estimates.
,I Ill.
\-". t" I
SCHEUIILE "K"
. TIllS SCHEDUJ.E IS SCHEDULE "K" to the Agreement which has been
authorized and approved by By-law N'o. 92-217 of the Corporation of the Municipality of
Clarlngton, enacted and passed the 9th day of November, 1992
INSURANCE REQUIRED
1. 1YPES OF COVERAGE REOUlRED
The Owner shall obtain and malntaIn Insurance of the cbaracter 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 and containing terms and conditions whicb are acceptable to the Town's
Treasurer. 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 resl1:1ts from the storage, use or hanclli
ng 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 disposnI 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 tbe 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. .
" .:
"'.lr ; .. " .
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 ~or 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.
4. TERM OF INSURANCE
The term of the required insurance shall commence no later than the day on which
the first Authorization to Commence Works is issued and shall terminate no earlier than
the last day on which all Certificates of Acceptance have been issued for each of the Works
for all of the Works contemplated by this Agreement.
-i . I
, .
SCHEDULE ilL"
. THIS SCJlED't1LE IS SCHEDULE ilL" to the Agreement which has been
authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of
Clarington, enacted and passed on the 9th day of November, 1992.
REGULATIONS FOR CONSTRUCTION
1.. GENERAL
All work pursuant to and associated with this Agreement shall be carried out
in strict conformity with all approved Engineering Drawings, the Town7s Design
Criteria, Standard Drawings and Specifications or any revisions tbereof and all
applicable legislation, in addition to any requirements set out in this Agreement.
z. SAFE~
The Owner sball ensure that all construction pursuant to and associated with .
this Agreement is carried out in conformance with the Occnpational Health and
Safety Act, and other applicable legislation..
3. PERMITS AND APPROVALS
The Owner shall ensure that any and all permits and approvals required to
install. or construct or prepare to install or construct any of the Works pursuant to
or associated with any part of this Agreement have in fact obtained and are valid and
in good standing.
4. REQUIREMENTS FOR BLASTING
Prior to commencing any blast.ing, the Owner sball obtain from the Director,
pennission to cany out the blasting operation.
5. REMOVAL OF TOPSOIL
The Owner shall not remove any topsoil from the said Lands except for
construction purpose and such topsoil must remain within the limits of the said
Lands.
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Schedule "L"
-2-
6.
DUMPING OF FILL OR DEBRIS
The Owner agrees to neither dump, or permit to be dumped, any fill or
debris, on nor to remove, or permit to be removed any fill from any lands to be
dedicated to the Town other than the roads within the limits of the said Lands,
without the written consent of the Director.
7.
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
provision 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. Without derogating from the foregoing provisions of
this paragraph, if the Owner fails to remove construction garbage or debris from the
Lands for a period of three (3) consecutive days following the giving of written notice
by the Director to the Owner requiring it to do so, the Director may cause the
construction garbage or debris to be removed to and disposed of in the aforesaid
dumping site at the expense of the Owner. Forthwith after the Director gives written
. .
notice to the Owner requiring it to pay for the costs incurred in removing and
disposing of the construction garbage or debris, the Owner shall pay the Town the
amount of money for it is invoiced.
8. QUALITATIVE AND QUANTITATIVE TESTS
(1) The Owner's Engineer shall arrange for and monitor all testing or procedures,
equipment and materials, by a qualified Geotechnical Engineer and where
applicable, a qualified Structural Engineer, who shall ensure conformance
with the Engineering Drawings, Town's Design Criteria and Standard
Drawings, or in cases where such criteria are not specified by the Town, the
Ontario Provincial Standards for Roads and Municipal Services.
(2) Prior to the issuance of a Certificate of Completion, the Owner's Engineer,
in conjunction with the Geotechnical Engineer and where applicable
Structural Engineer, shall issue a Certificate in a form acceptable to the
Director, confirming, based on the location, frequency and type of tests and
monitoring and the results of such tests or monitoring, that he is satisfied with
.:
f. ~ t ~
Schedule "L"
-3-
the materials testing methods used and that the results conform to the
requirements of paragraph 8(1) of this Schedule "L".
(3) The Owner agrees that the Director may, at his sole discretion, employ a
Geotechnical Engineer to carry out independent qualitative or quantitative
tests on behalf of the Town, for any portion of the Works, procedures,
equipment or materials installed or constructed or to be installed or
constructed and that the costs of such testing shall be paid by the Owner.
9. TELEVISED INSPECTION OF STORM SEWER
The Owner agrees to televise and record, to the satisfaction of the Director,
and for Town use, all of the storm sewers, and where deemed necessary by the
Director, all catchbasin leads and service connections and, subsequent to any
rectifications or additional work, to re-televise and record to the satisfaction of the
Director, any storm sewer, catchbasin lead, rear yard catchbasin lead or service
connection and that all associated costs shall be paid by the Owner.
10. WINTER CONSTRUCTION
In addition to the materials testing criteria for cold weather construction, any
pipe bedding, trench backfill or road building material found to contain frozen
material shall be deemed unacceptable and shall be removed immediately.
The Owner agrees not to commence replacement of base asphalt paving later
than December 1st nor to commence placement of surface asphalt paving later than
November 15th, unless approved otherwise by the Director.
Should the Director be of the opinion that any of the Works are not being
constructed using effective cold-weather precautions he may, in his absolute
discretion, revoke any Authorization to Commence Works and suspend construction
by issuing a stop work order to be in effect until the Director give the Owner written
notice of the termination of the stop work order.
11. MAINTENANCE. CLOSING AND USE OF EXTERNAL ROADS
The Owner shall, at all times during the life of this Agreement ensure that all
public roads abutting the said Lands and all public roads used for access to the said
Lands, during any construction on the said Lands, shall be maintained in a condition
,
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Schedule "L"
-4-
equal to that existing on the date as of which this is Agreement is made and to the
approval of the Director. The Owner shall maintain, at all times, all such roads free
of dust and mud originating from the Lands during the course of construction. If
damaged, the Owner agrees to restore immediately, and at its own expense, such
road to a condition equal to that existing at the time of such damage and to the
approval of the Director. No public road outside the limits of the said Lands shall
be closed without the prior written approval of the authority having jurisdiction over
such public road. The Owner agrees not to use or occupy any untravelled portion
of any public road allowance without the prior written approval of the authority
having jurisdiction over such public road allowance.
12. 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.
Similarly, 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 within the 40M Plan are assumed by the Town, the Owner
shall maintain all internal roads in a condition acceptable to the Director, and shall
ensure these roads are free of dust and mud.
13. WEED AND RAT CONTROL
After the commencement of construction the Owner shall institute upon the
Lands a program of weed and rat control to the satisfaction of the Director.
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SCHEDULE ~
I.
'IHIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been
au1horized and approved by By-law No. 92-217 of the Corporation of the Municipality of
OmingtoD, enacted and passed on the 9th day of November, 1992
USE OF um LANDS
The Owner agrees that the said Lands shall not be used for the pmpose other
than as set out in the following table:
LOT OR BLOCK NUMBER
ON 18T..90010 PLAN
PERMITTED LAND USE
Lots 1 to 138, inclusive
Blocks 139
to 146
Residential, ;-:: single family semi-
detached or townhouse units
Blocks 152, 153, 154, 155, 156, 157, 158
161, 162, 163, 166, 147, 148, 149. 150, 151
Blocks shall be developed in
conjunction with the development
of adjacent lands and until
developed shall be maintained by
the Owner in a reasonable
condition..
Block 164
School
Block 165
Park
Block 167
Street Widenings
Blocks 168, 169 and 170 to 178
0.3 m Reserves
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SCHEDULE ~
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THIS SCHEDULE IS SCHEDULE "N' to the Agreement which has been
authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of
Cbuington, enacted and passed on the 9th day of November, 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 followi.ng 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 181'-90010 -PlAN
lAND USE
Blocks 147. 148, 149. 150, 151. 152, 153, 154, 155,
156, 157, 158, 161, 162, 163
See Schedule "M"
Lots 1 to 5, 14 to 19, Blocks 145, 146, 147
The Owner shall not require
building permits to be issued until
Sandringbam Drive has been
constructed to a full urban cross-"
section, intersecting with Granary
Lane to the satisfaction of tbe
Director of Public Works.
Blocks 152 to 155
The Owner shall not require
building permits to be issued until
Avondale Drive has been "'extended
easterly beyond the limits of draft
Plan of Subdivision 18T-90010.
Inocks 156 to 163
The Owner shall not require
building pennits to be issue~ until
Field crest Avenue has been
extended beyond the limit of draft
Plan of Subdivision 18T-90010.
O~O III
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SCHEDULE trOw
J
. THIS SCHEDULE IS SCHEDULE wOw to the Agreement wbich has been
authorized and approved by By-law No. 92-217 of The Corporation of the Municipality of
Clarlngton, enacted and passed the 9th day of November, 1992.
LAND REOIDRING 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
]~rnds listed in the following table until a Site Plan Agreement bas been entered into with
tlle Town and the building permit complies in all respects with the terms of the Site PIan
Agreement
LOT OR BLOCK NUMBER
ON 40M PLAN
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SCHEDULE "e"
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. THIS SCHEDULE IS SCHEDULE "Pit to tbe Agreement which has been
~LUthorized and approved by By-law No. 92-217 of the Corporation of the Municipality of
Qarington. enacted and passed on the 9th day of November, 1992.
CONTRIBUTION TO COURTICE SOUTIJ DRAINAGE. OJITFALL SYSTEM
The "Courtice South Drainage 0u1fall System" comprises the stormwater management
works for the Newcastle Co-Tenancy Subdivision (18T-76027), Whitecliffe Subdivision (18T-
84029 and 18T-85032), Cedaxbrooke Subdivision (18T-87034). Castle Heights Subdivision
(18T-88038), Fieldstone Subdivision (18T-90010), Dekkema Subdivision (18T-89080) and
Courtice Mill Subdivision (18T-90035). It includes the construction of a stormwater
detention facility and oversized stormsewers proViding capacity for future development lands
in the watershed. The Courtice South Drainage Outfall System required the preparation
of a stormwater management report specifying inlet control deY.lces and catch basins to
permit additional areas to make use of the existing capacities. The stormwater management
report was prepared by G.M. Semas & Associates Lt~ dated July 1987 and 3S amended
nnd finally approved is on file with the Director.
The cost of the Courtice South Drainage Outfall System includes cons1J:uction, land
ncquisition. engineering fees, legal fees, letter of credit fees and financial charges. The total
cost of this System and the aforesaid stormwater management report as wen as the Owner's
sbare thereof referable to the I....ands are set out in the "Newcastle Co-Tenancy Cost
Apportionment Report" prepared by G.M. Semas & Associates Ltd., dated October 1991.
.
as approved by the Director, updated from time to time to the satisfaction of the Director
,md on file with the Director.
The portion of the Owner's share of the cost as of April 30, 1993 determined in
accordance with the Newcastle Co-Tenancy Cost Apportionment Report as of March 30,
1993 which is referable to Phase 1 of the Development of the Lands is two hundred and fifty
thousand, eight hundred dollars and three cents ($250,800.03) plus an amount equal to the
product of the amount of thirty-nine dollars and ninety-three cents ($39.93) and the number
of days that elapse between April 30, 1993 and the day on which thiS Agreement is made.
"
With respect to each Pbase Subsequent to Phase 1 of the Development of the Lands.
the Owner shall pay to the Town a connection fee to permlt the connection of the portion
of the Storm Water System to be located on the part of the Lands within such Phase to the
Courtice South Drainage Outfall System via land then owned by the Town. The Owners
share of the aforesaid cost is the amount determined by the Director to be reasonably
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Schedule "P"
-2-
attributable to the portion of the Lands located within the Phase in question in accordance
with the Newcastle Co-Tenancy Cost Apportionment Report and shall include interest
thereon calculated and determined as provided for in the Newcastle Co-Tenancy Cost
Apportionment Report.
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aCHEnU:LE "Q"
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'THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been
authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of
(]aringtOll, enacted and passed on the 9th day of November, 1992.
CONSERVATION ~uraORlTY'S WORKS
(1) That prior to final approval of the plan and/or the commencement of site
preparation, including any filling, grading or construction of services, the Owner shall
obtain Central Lake Ontario Conservation Authority approval of:
(a) site grading and storm sewer servicing plans, which detail100-year overland
flow routing and indicate conformity with the recommendations of the
Robinson Creek Master Drainage Plan:
(b) erosion control plans which provide for the on-site containment of sediment
during the grading and construction phases of development; and
( c) the tree preservation plan for the site.
(2) The Owner shall carry-out or cause to be carried out to the satisfaction of the
Central Lake Ontario Conservation Authority;
(a) site grading, sediment control, tree preservation and major overland flow
routing; and
(b) the recommendations of the Robinson Creek Master Drainage Plan as they
pertain to tbis site.
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SCHEDULE "R"
TIllS SCHEDULE IS SCHEDULE "It" to the Agreement which bas been
authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of
Clarlngton, enacted and passed on the 9th day of November, 1992.
ENGUS'EERING AND INSPECITON 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 35% 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
51,000,000.00 to $2.000,000.00
$30,000.00 or 250% 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
$67~00.OO or 2% of the estimated cost of services _
whichever is weater
For the pmposes 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 Scbedule and paid by the Owner to the Town.
The Engineering and Inspection Fees are to be paid to the Town prior to issuance
of the Authorization to Commence Works provided that if there is a Staging Plan the
:Engineering and Inspection Fees relating to each stage are to be paid to the Town prior to
issuance of the Authorization to Commence Works for the stage in question.
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5.
6.
7.
8.
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SCHEDlrr.14: "S"
. THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been
authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of
Clarington, enacted and passed on the 9th day of November, 1992.
.REGION'S CONDmONS OF. APPROVAL DATED SEP'l'EMBER 151' 19~
1.
That this approval applies to draft plan of subdivision 18T-90010, prepared by D.G.
Biddle and Associates Ltd., identified as job number 89097, revised and dated May,
1992, which mustrates 76 lots for single detached dwellings, 6210ts for semi-detached
or link dwellings, six blocks for 48 on-street townbouse dwelling units (Blocks 139 to
144), a block for park purposes (Block 165), a block for school purposes (Block 164),
nineteen blocks for future development in conjunction with adjacent lands (Blocks
145 to 163), 0.3 metre .reserves (Blocks 168 to 176), a road widening and sight
triangles..
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That the road allowances included in this draft plan shall be dedicated as public
hi~ways.
3.
That the road allowances included in this draft plan shall be named to the
satisfactiOll of the Regional and the Town of Newcastle.
4.
That Block 167 shall be dedicated as public highway for the purpose of widening
Trull's Road.
That any deadends and/or open sides of road anowances created by this draft plan
shall be terminated in 0.3 metre reseT\'e(s) to be conveyed to the Town ofNewcastIe.
That the Owner convey land to the Town of Newcastle for park or other public
recreational purposes in accordance with the Planning Act, as amended
Alternatively, the municipality may accept cash-m-lieu of such conveyance.
That such easemen~t road widenings and reserves as may be required for utilities,
drainage and servicing purposes shall be granted to the appropriate authorities.
That a 0.3 metre reseIVe be dedicated to the Municipali1;y of Oarington, free and
clear of all encumbrances along Lot 31 abutting Avondale Drive.
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Schedule "8"
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9. 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 Town of
Newcastle in accordance with the provisions of the Planning Act, R.S.O. 1990, c.P.13.
10. That the Owner shall retain a qualified landscape architect to prepare and submit
a Landscaping Plan to the Town of Newcastle for review and approval. The
Landscape Plan shall reflect the design criteria of the Town, as amended.
11. That the Owner shall retain a qualified Engineer to prepare and submit a
Hydrogeologist Report to the Town of Newcastle demonstrating that the proposed
development will not adversely impact the existing wells in the surrounding areas.
12. That the Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Town of Newcastle for review and approval.
All plans and drawings must conform to the Town's Design Criteria as amended from
time to time.
13. That the Owner shall retain a qualified consultant to prepare and submit a Tree
Preservation Plan to the Town of Newcastle for approval.
14. That the Owner shall agree through the Town's Subdivision Agreement that a
temporary turning circle be constructed at the terminus of the un-named street,
directly abutting Blocks 159 and 160.
15. That the Owner shall agree through the Town's Subdivision Agreement that building
permits will not be issued by the Town for Blocks 158 and 162 inclusive until such
time the un-named street becomes a through road.
16. That the Owner shall agree through the Town's Subdivision Agreement that building
permits will not be issued by the Town for Blocks 154 and 155 until such time as
Avondale Drive becomes a through road.
17. That the Owner shall agree through the Town's Subdivision Agreement that building
permits will not be issued by the Town for Lots 1 to 5 inclusive, Lots 17, 18 and 19,
Blocks 145 and 146 and Block 147 until such time Sandringham Drive is constructed
to interest with Granary Lane and completed to a full urban cross-section.
18. That the Owner shall agree through the Town's Subdivision Agreement that where
the well or private water supply of any person is interfered with as a result of
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Schedule "8"
-3-
construction or the development of the subdivision, the Owner shall, at his expense,
either connect the affected party to a municipal water supply system or provide a
new well or private water system so that the water supplied to the affected party shall
be of a quantity and quality at least equal to the quantity and quality of water
enjoyed by the affected party prior to the interference.
19. That the Owner shall implement the recommendations of the Acoustic Report
entitled "Environmental Noise Impact Statement", prepared by Aerocoustics
Engineering Limited, dated August 25, 1992, which specifies the necessary noise
attenuation measures for the proposed development, and that noise measures be
included in the Subdivision Agreement between the Owner and the Town of
Newcastle. The said agreement must also contain a full and complete reference to
the noise report (i.e. author, title, date and any revisions thereto) and shall include
any required warning clauses identified in the acoustic report.
20. That the Owner shall agree through the Town's Subdivision Agreement that prior to
the issuance of building permits, the Owner shall, through its acoustic engineer,
provide certification to the Town of Newcastle and the Region of Durham, that the
Builder's plans are in accordance with the Acoustic Report as approved by the
Ministry of the Environment, Region of Durham and the Town of Newcastle.
21. That prior to final approval of the plan and/or the commencement of site
preparation, including any filling, grading or construction of services, the Owner shall
obtain Central Lake Ontario Conservation Authority approval of:
(a) site grading and storm sewer servicing plans, which detail lOO-year overland
flow routing and indicate conformity with the recommendations of the
Robinson Creek Master Drainage Plan;
(b) erosion control plans which provide for the on-site containment of sediment
during the grading and construction phases of d~velopment; and
( c) the tree preservation plan for the site.
22. That prior to final registration of the plan of subdivision, or anyon-site grading or
construction, the Ministry of Natural Resources must have reviewed and approved
the following reports describing:
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Schedule "8". -4-
(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
min'imized on the site during and after construction. These means should be
in accordance with the Provincial "Guidelines on Erosion and Sediment
Control for Urban Construction";
(d) site soil conditions, including grain size distribution profiles; and
. (e) site grading plans.
23. That the Owner shaIl enter into a written agreement with the Northumberland and
Newcastle Board 'of Education which provides for the arrangements for the
acquisition of Block 164 of the approved plan for a school site.
24. That the Owner shaIl provide to the satisfaction of the Northumberland and
Newcastle Board of Education, information concerning the grading plan for the
schoolsite on Block 164.
25. That prior to final approval of this plan, the Owner shall satisfy all requirements,
financial and otherwise, of the Town of Newcastle. This shall include, among other
matters, the execution of a Subdivision Agreement between the Owner and the Town
of Newcastle concerning the provision and installation of roads, services, drainage
and other local services.
26. 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.
27. That prior to final approval of the 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
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and the Region concerning the provision and installation of sanitaty sewers, water
supply, roads and other regional services.
28. That the Subdivision Agreement between the Owner and tbe Town of New~tle
shall contain, among other matters, the fOllowing provisions:
a) That the OWner shall carry.out or cause to be carried-out to the satisfaction
of the Central Lake Ontario Conservation Authority:
i) site grading, sediment control, tree preservation and major overland
flow routing; and,
ill the recommendation of the Robinson Creek Master Drainage Plan as
they pertain to this site. quality or quantity of water enjoyed by the
b) That the owner agrees to implement the works referred to in Condition 22.
c) That the Owner agrees to maintain all st.ormwater management and erosion
and sedimentation control structure operating and in good repair during the
cOnsttuction period, in a manner satisfactory to the Ministry of Natural
Resources.
d) That the Owner agrees to notify the appropriate Ministry of Natural
Resources office at least 48 hours prior to tbe initiation of any on-site
development
29. 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 Oarington, how Conditions 1, 2. 3, 4. 5, 6, 7, 8, 9, 10, 11,
12, 13, 14, 15, 16, 17, 18, 19,20 and 2S have been satisfied;
b) the Central Lake Ontario Conservation Authority, bow conditions 21 and 28a)
. have been satisfied;
c) the Ministry of Natural Resources, how Conditions 22. 28b), 28c) and 28d)
have been satisfied.
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'S C H E D U L E "T"
THIS SCHEDULE IS SCHEDULE "T" TO THE AGREEMENT WHICH HAS BEEN
AUTHORIZED AND APPROVED BY BY-LAW NO. 92-217 OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON.
TREE PRESERVATION PLAN
(Not Used)
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SCHEDULE "U'
THIS SCHED~ IS SCHEDULE '1J" to the Agreement which has been
authorized and approved.by By-law No. 92-217 of the Corporation of the Municipality of
ClaringtoD, enacted and passed on the 9th day of November, 1992.
LANDSCAPING PLAN
(See Attached)
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....:xx --1 L- rE)PIJA4AY BLOCK !ll.00I: =:r-- L!L!)CK
1St T!.;FltdNG l~ 153 152
crr:.a..E
CONIFEROUS TREE SECTION
N,T,S,
'€\'tlIt:\,I1'~lLItI!II.,.
_w....:c7'JlU':lN.'f'
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~11IU:.1'IllMlEE!l1'Ul.
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J1Itt_r.(lf)ef_I'U..l..ttw
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evr_....-e:.........,-.r~
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't-., eo.tC1' 1.oacPn.uD .IOn.
T1~.~l'I:ICIl.fTl
lIEI'''IlU__t-.o_
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.~ .-c "'" ..bIT
OECIOUOUS TREE SECTION
N. LS.
.-rlll&.mo1'>o01fllI.
r~ ,...._ _ 111/0(_
IA~ ~~. S(c.-l! ....... .UlI
... II .........ltaI .tllll oc.um Ol
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_"1101500.......10
--""""""
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TQi"'lVOlTHII~n
PLANT LIST
KEY BOTANICAL NAME COMMON NAME NUM SIZE CON[ REMARKS
. "CER PuT.\NQlDES 'CESOR.t.H' CE3C~.t.H ~RifA'( ",,,Pt.!:: 3< 50HM C lL sa
a iCER SACCHARuM SUG.t.R ~"~E 2.
C .llolCL.lN011 St C.lNJ.OENS I S C.t.N.lO UN SE::Iv ICEBEtlAV 15
0 FRAXall.JS P€'NNSYlVANICA 'PATMORE' g~rMQAE .lSH 23
E GINGKO atLOB,l 14"IOE~"H~ T~EE. 17
F GLt'""DITSU '!'lUJ.CANfHOS .SliN8liRsr SU",BeRST HeNEY-l.OCUST 2'
G Pfll:NUS vIRGINIANJ. 'SHUBERT' SHUeEAT CHCKECi-'ERRY 32
H SYRINGA AETICtA.AU . IVORY SILK. IVORY 5IU<' TPEC: L ruc 13
I TIlIA GL:!<ol.EVEN GlE~E:'iEN L!.~E~ 33
J PICEA ....aIEs NOl=l\ljAV SPRUCE 15 20001 toIT .a
K PICE... ~NS 'Gl"-t..'CA. 3LuE CCL':R,l,Ca SP%CE 15 20001 ''IT sa
GENERAL NOTES:
L ACTUAL PLANTING I..OCATIONS MAY VARY DUE TO
ORIVEWA.YS ANO/OR UTILITY LOCATIONS.
2. TREES "FIE TO BE PUNTED A MINIMUM DISTANCE OF:
U 2.0. FROM THE EDGE OF A DRIVEWAY
111 5.011 FROM A LIGHT STAMJARO
1111 3.011I FROM " HYDRO TRANSFORMER
1'11) 1. O. F~CM A WA. TER HYDRANT
vJ 18.011 TO FACE OF A STOP OR YIELD SIGN
~U 15.011 FROM AH INTERSECfION
3. ON 90. BENDS, THE HA TtJRE TREE CROWNS ARE
TO SH.Y OUT Or THE OUL1GHT TRIANGLE,
.c. CONTRACTOR TO STAKE PROPOSED TREE LOCATIONS ANO
CONTACT THE TOWN OF NEWCASTLE. PUBLIC NORKS OEP~TMeNT.
2 04.YS PAIOR TO P\..ANTING IN ORDER THAT THE TONN CAN
AEvIEW THE LOCATIONS.
~lCle.
~~.
UG. Lt. I~~.... k. n!. t1rt
UT'I IrAT'I
=~,..=.:: :..a.~ OPcno:n~
=~.u:c~~..~= ~
~tsICM
"".. ... "'" '"
!:lEe IliA " 9O'Tln'.OUSloc.rm .3.'.
,",va " TlU....ANTI,.."'OISI:JlO 0.'.
.otI'In,SI .. !'1IO:lI\..Ufftl'Ol;lf'VUllJll .0.'
otI'Ill/SI oJ l;lftI'lAHTf"'~It(:JIO .Q,'
.I.l.'llIltr1: .. ~IIII['IUttlN!l .0_'.
.. . .'-~ ,. ~E",.""ltIOI"'OISllJll ..
-
J.A.'IllSCAJ'tl0'!SlQ<
(X)Nst:tVJION..I'PDJICT~
~
MNIEL J. O'BRIEN "ASSQa!JES I:m
L\NllSCAP!~
-.......""""
1CIa'NlJ<<~'-"-\"
......-....
tJ\
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t:
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.urn IU'P1IOYD aT 1'W'a TOWW OP~_
-...:'1"
FIELDSTONE
SUBOIVISION
COURTICE. ONTARIO
r'De
t.AIft)S(:IU'lJ'Of't.oUl
..'" ,,"'t_ -...:T ...
ODI_ 0.0.'. 92-012
...... IU....
OEo<m 0.0.'. ow. _.
L10F 2
"'" 1:1000
c
. '....
"
< .
I.
j. .I
sr;JffinULE WV"
TIns SClffinULE IS SCHEDULE KV" to the Agreement which has been
authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of
Oarington, enacted and passed on tlle 9th day of November, 1992
REOUIRE~S OF OTHER AGENCIES
MINISTRY OF NATURAL RESOURCES
(1) That prior to final registration of the plan of subdivision, or anyon-site grading or
construction, the Ministry of Natural Resources must have reviewed and approved
the following reports describing:
a) The intended means of conveying stonnwater flow from the site, including USe
of stormwater management techniques which are appropriate and in
accordance witb the Provincial "Urban Drainage and Design Guidelines",
April 1987;
b) The anticipated impact of the developmeIlt on water quality, as it relates to
fisb and wildlife habitat once adequate protective measures have been taken;
c) The means wlJcrcby erosion and sedimentation and their effects will be
minimized on tJle site during and after construction. These means should be
in accordance with the Provincial "Guidelines on Erosion and Sediment
Control for Urban Construction".
d) Site soil conditions, including grain size distnbution profiles; and
e) Site grading plans.
(2) a)
The Owner agrees to implement tbe works referred to in Condition 1 above.
b) The Owner agrees to maintain all stormwater management and erosion and
sedimentation control structure operating and in good repair dUQng the
construction period, in a manner satisfactory to the Ministry of Natural
Resources.
c) The Owner agrees to notify the appropriate Ministty of Natura1 Resources
office at least 48 hours prior to the initiation of any on-site development
oco~
311.SV:),\\3N dO N.\\.L
OC90 c~p OH.a.
c~:nT Pd,^^,.^
,
I
I.
"
Schedule "V"
-2-
NORTHUMBERLAND NEWCASTLE BOARD OF EDUCATION
1. That the Owner shall enter into a written agreement with the Northumberland and
Newcastle Board of Education which provides for the arrangements for the
acquisition of Block 164 of the ~pproved plan for a school site.
2. That the Owner shall provide to the satisfaction of the Northumberland and
Newcastle Board of Education, information concerning the grading plan for the
school site on Block 164.
"
I
L
,.
SCHEDULE "W"
THIS SCHEDULE IS SCHEDULE "W" to the Agreement which has been
authorized and approved by By-law No. 92-217 of the Corporation of the Municipality of
Clarington, enacted and passed on the 9th day of November, 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. Dwellings sited at the corners require full
height masonry products on all elevations.
(b) No substitutions are allowed within paragraph (a) except by written permission of the
Director of Planning and Development.
2. COLOURS:
. (a) Colours of bricks, siding, roofs and trims must be compatible and in harmony such
as earth tone range, paste! 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 STYLES:
(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) dwellings.
,
,0:-
.
, .~
...
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.