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HomeMy WebLinkAbout92-237 '\ THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 92-237 being a by-law to authorize the making of a Supplemental Agreement between the Town of Newcastle, Eiram Development Corp., Canadian Imperial Bank of Commerce and 755568 Ontario Inc. In Trust WHEREAS at its meeting of December 14 1992 Council passed Resolution =ll=C-821-92 to authorize the making of a supplemental agreement between the Town of Newcastle, Eiram Development Corp., Canadian Imperial Bank of Commerce and 755568 Ontario Inc. In Trust: _/ NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF ~. THE TOWN OF NEWCASTLE: ~ 1. That the Mayor and Clerk be authorized to execute on behalvof the Corporation of the Town of Newcastle a Supplemetltal Agreement between the Town of Newcastle, Eiram Development Corp., Canadian Imperial Bank of Commerce and 755568 Ontario Inc. In Trust to supplement the subdivision agreement between the same parties made as of April 3 1991 and to implement Resolution =ll=C-821-92. __~e By-Law read a first and second time this 14th day of December 1992. By-Law read a third time and finally passed this 14th day of December 1992. ~N4#~~ Mayor Clerk '" . - !iJ'~ ,Province of ' . Onl.rlo '. Docu.ment General 'orm .. - ~ "tal'lra'fan "'torm Act ~. (:(:l (\.,.1 (,Q : .J~ ..... \,::' ti~ \' "'"" 1 1;~~ I,...J ":. (1) ....lItry .~ ) r:r~.) r Lf-:) D , 1 of I Block o ~ z '0 ~ ~ ~ ~ M 'to t"- en C\J w li- e.. .t...., (,,) f,..;~'~ t;,;' (;) ..~~~ .....,..,.r 0'41.... . Additional: S.. Schedule (7) Thill DOCUment eon"'n.: Additional Partlee 0 Other .."J ...-. c::::::J New ProPlrly ldentlflers M en .. 1M Addltionll: s" 0 Sehlildule (I) ThIs DoocI,.,.r'll pnwIdet.. 'oIloWle The Corporation of the Town of Newcastle has an unregistered estate, right, interest or equity in the land registered in the name of Eiram Development Corp. as Parcel 9-1. Section Con. 2 Newcastle Darlington (Bowmanville); Parce1133:11 Section lOM-840., '1ft sf PM.eJel PI... 1, ImlL_ HI J n 10 and hereby applies under Sec:tioH .- of the Land Title!, Act for the entry of a Notice of Supplemental Agreement in the Registers for the said Parcels. (e) Thill Docunllnt ...,.... to Nlrumlllt nu,....r(.) Continued on Schedule 0 NLJ2210 (10) P.rty(ltl) (Set out Statu, or Int.,.) Name(1) SignIb,Irt(8) Cate of Slgnat"... ~ ,~ . I Y .M ~I) . · ,THE C:<<)RP.OAATION .OF. THE. . . . . . . . ~y:, . ., . .. ~~ 1'0<2) . . , " .. , , I .~99~ I~(, TOWN OF NEWCASTLE D u -oeck - Marie 18 Ii, , 'r ' ., . I "" , . . ... , " . ,. . .. . . . . . I . , " , . . .. .. , I , . . . . . ".. "1',,, I ". .. . I I ." ." ., . ." .. I. . . I . .. .; .. , . . . i . , 'I' . .. 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(14) Municipal J~drnl of ProJ*tr (15) Document Prepared by: ~ ~ RegIstration Fe. w ! ~ It o ~ Fees and Tax Shibley Rigbton Suite 1800 401 Bay Street Toronto, Ontario . MSH 1Z1- Attn: Nicholas T.Macos TCtll ~.\ , 010.' ;). THIS SUPPLEMENTAL AGREEMENT made as of this 4th day of January, 1993. BE1WEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE - and - EIRAM DEVELOPMENT CORP. - and - CANADIAN IMPERIAL BANK OF COMMERCE AND 755568 ONTARIO INC. IN TRUST " .', II',' Page II :3 INDEX ARTICLE 1.1 1.2 1 . INTERPRETATION AND SCHEDULES ................... 4 4 Definitions ........................ . . . . . . . . . . . . . . . . . . . Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 ARTICLE 2.1 2 - GENERAL . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Recitals in Operative Part of Agreement ...................... 5 ARTICLE 3. EIRAM PARK ........................................ 5 3.1 Amendments to Paragraph 4.11 of Subdivision Agreement ......... 5 ARTICLE 4. COMPLIANCE WITH REGULATIONS . . . . . . . . . . . . . . . . . . . . .. 9 ARTICLE S. TIME OF ESSENCE ................................... 9 ARTICLE 6 . AUTHORITY TO MAKE AGREEMENT .................... 9 ARTICLE 7 . PROVISIONS OF SUBDIVISION AGREEMENT TO CONTINUE ...................................... 9 '\ SCHEDULES TO AGREEMENT Schedule "A" "Legal Description of the Lands" Schedule "B" "Legal Description of Eiram Park" Schedule "C" "Current Cost Estimate of Construction and Installation of Eiram Park" \ Schedule "D" "Schedule of Construction and Installation of Eiram Park" ". ",' Page $1 THIS SUPPLEMENTAL AGREEMENT made in quintuplicate as of this 4th day of January, 1993. BElWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the "Town") OF THE FIRST PART - and - EIRAM DEVELOPMENT CORP. (hereinafter called the "Owner") OF THE SECOND PART - and - ..../t;. CANADIAN IMPERIAL BANK OF COMMERCE AND 755568 ONTARIO INC. IN TRUST (hereinafter called the "Mortgagees") OF THE THIRD PART " WHEREAS: A. The lands affected by this Supplemental Agreement, which are described in Schedule "A" hereto, and are hereinafter called the "Lands". B. The Owner represents and warrants that subject to Recital C it is the registered Owner of the Lands in fee simple absolute. C. The Owner represents and warrants that there are no other mortgagees or chargees of the Lands other than the Mortgagees. D. The Parties made an Agreement as of the 3rd day of April, 1991 pursuant to subsection 51(6) of the Planning Act which Agreement affects the Lands and is deposited ... ., Page .4 6 in the Land Registry Office for the Land Registry Division of Durham (No. 40) as Instrument No. NL32210 (the "Subdivision Agreement"). E. The Parties have agreed to amend certain of the provisions of paragraph 4.11 of the Subdivision Agreement respecting the construction and installation of the Eiram Park (as defined in the Subdivision Agreement) as set out in the Supplemental Agreement. F. This Agreement is made pursuant to the provisions of subsection 51(6) of the Planning Act, and is authorized by By-Law No. 92-237 passed on December 14, 1992. NOW mEREFORE mIS AGREEMENT 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) Except as otherwise provided in this Supplemental Agreement, the terms used in it have the same meaning as is attributed to them in the Subdivision Agreement. (2) Whether or not it so provides explicitly, every provision of this Supplemental Agreement by which the Owner is required to undertake any action shall be deemed to include the words "at the cost of the Owner". " (3) Unless the context otherwise requires when used in this Supplemental Agreement, the singular includes the plural and the masculine includes the feminine. 1.2 Schedules The following Schedules which are attached hereto, together with all provisions therein, are hereby made a part of this Supplemental Agreement as fully and for all purposes as would be the case as if they were set out in the text of this Supplemental Agreement as covenants and agreements: Schedule "A" "Legal Description of the Lands" "Legal Description of Eiram Park" Schedule "B" Page.6 (p Schedule tIC' "Current Cost Estimate of Construction and Installation of Eiram Park" Schedule "0" "Schedule of Construction and Installation of Eiram Park" ARTICLE 2 - GENERAL 2.1 Recitals in Operative Part of AKreement The Owner represents and warrants to the Town that each of Recitals A to E of this Supplemental Agreement is correct. ARTICLE 3. EIRAM PARK 3.1 Amendments to Paraeraphs 1.1 and 4.11 of Subdivision A2reement (1) Paragraph(s) of the Subdivision Agreement is amended by adding a new paragraph 1.1(4) as follows: "(4) Each reference in this Agreement to a "10 M Plan", a "10M plan of subdivision", "draft 10M Plan" or "draft 40M plan of subdivision" shall be deemed to include a reference to a "40M Plan", a "40M plan of subdivision", a "draft 40M Plan" or a "40M plan of subdivision", as the case may be." '\ (2) Paragraph 4.11(1) of the Subdivision Agreement is amended by adding at the end thereof the following: " ''The Parties hereto acknowledge that the Owner has prepared and submitted to the Director of Community Services for his approval the Park Site Master Plan for the development of the Comprehensive Park including the Eiram Park and that by letter dated January _, 1993, the Director has approved the same." (3) Paragraph 4.11(2) of the Subdivision Agreement is deleted and replaced with the following: "Not later than January 15, 1993, the Owner will prepare and submit for the Director of Community Services' consideration and approval a detailed park layout plan, a play area layout Page if 1 plan, a grading plan, vegetation and tree planting plan, plumbing and irrigation plan, a plan providing for the construction and installation of other necessary services including drainage and electrical services, a furniture, equipment and fixtures plan, any necessary shop drawings, detailed specifications, a construction and installation schedule and revised cost estimates for and respecting the construction and installation of the Eiram Park, all of which shall be prepared to standards and have a form and content satisfactory to the aforesaid Director and shall be signed by the Owner. (These plans, drawings, specifications and revised cost estimates collectively are called the "Working Drawings and Specifications"). (4) Paragraph 4.11(4) of the Subdivision Agreement is amended by deleting the date "September 1, 1992" and by replacing it with the date "September 1, 1993". (5) Paragraph 4.11(6) of the Subdivision Agreement is amended by: (a) including therein references to paragraphs 5.19, 5.22 and 5.24 of the Subdivision Agreement in addition to the other paragraphs referred to in paragraph 4.11(6); and (b) adding after the words "Eiram Park" the following: "including the Working Drawings and Specifications and the "Park Letter of Credit" (as hereafter defined). (6) Paragraph 4.11(7) of the Subdivision Agreement is deleted and replaced with the following: "(7) The Parties acknowledge that the current estimated cost of the construction and installation of the Eiram Park is four hundred and ninety-two thousand, six hundred and ninety-four dollars ($492,694.00). In addition, the Owner at its cost shall rough grade the Eiram Park in accordance with the approved Grading Plan and the approved Park Site Master Plan. Prior to the issuance by the Town's Chief Building Official of a building permit for the first dwelling proposed to be constructed on any of the Lands, the Owner shall deliver to the Town's " Page" g Treasurer an unconditional and irrevocable letter of credit in the amount of the greater of (1) four hundred and ninety-two thousand, six hundred and ninety-four dollars ($492,694.00) and (2) the amount of the revised cost estimates approved by the Director of Community Services pursuant to paragraph 4.11(2) plus thirty percent (30%) of the amount resulting from such revised cost estimates less contingency and tax allowances (the "Park Letter of Credit"). The Park Letter of Credit shall be issued by a bank listed in Schedule "I" or Schedule "II" of the Bank Act and acceptable to the Town's Treasurer. The Park Letter of Credit shall contain terms satisfactory to the Town's Treasurer. On the day following the day on which the Director of Community Services gives written notice to the Owner that the Biram Park has been completed in accordance with the approved Working Drawings and Specifications, the amount secured by the Park Letter of Credit may be reduced to such lesser amount as may be considered by the aforesaid Director, in consultation with the Town's Treasurer, to be sufficient to provide adequate security to the Town that the Performance Guarantee for the Biram Park will be performed by the Owner from the date of the aforesaid notice of completion until written notice is given to the Owner that the Biram Park has been accepted by the Town in accordance with paragraph 4.11(8). The Park Letter of Credit is deemed to be a Performance Guarantee and a Security for the Maintenance Guarantee for the Biram Park." -'\; (7) Paragraph 4.11(9) of this Subdivision Agreement is deleted and replaced with the following: " "(9) The Owner agrees to replace at its cost any vegetation or trees which die or deteriorate significantly in quality in the opinion of the Director of Community Services at any time during the period of one (1) year following the date of issuance of a Certificate of Completion of the Biram Park from the Director. In each case the replacement shall be installed as soon as it is reasonably practicable after the aforesaid Director gives written notice to the Owner requiring it to do so. The Owner also agrees to correct at its cost any deficiencies, defects or defaults in respect of any fixtures, furniture, Page! 1 equipment, installations and/or services which are or should have been constructed or installed by the Owner on the Eiram Park in accordance with the approved Working Drawings and Specifications and in respect of which the aforesaid Director gives the Owner written notice of deficiency, defect or default at any time within the period of one (1) year following the issuance of a Certificate of Completion of the Eiram Park by the aforesaid Director, provided that in each case the deficiency, defect or default shall be corrected or remedied by the Owner forthwith after written notice thereof is given to the Owner by the Director. (The Owner's covenants under this paragraph 4.11(9) are called the "Park Maintenance Guarantee")." (8) Paragraph 4.11 of the Subdivision Agreement is amended by adding a new paragraph 4.ll(13A) as follows: "(13A) The Owner shall comply with the schedule for construction and installation of the Eiram Park contained in Schedule "D" hereto." "llr' (9) Paragraph 4.11(15) of the Subdivision Agreement is amended by including reference therein to paragraphs 3.8 and 3.13 of the Subdivision Agreement in addition to the other paragraphs referred to in paragraph 4.11(15). (10) Paragraph 4.11(16) of the Subdivision Agreement is amended by deleting reference to "this paragraph 4.11(19)" and replacing it with a reference to "paragraph 4.11(16)". " (11) Schedule "E" of the Subdivision Agreement is amended by adding at the end of its text a new paragraph as follows: "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 in a Phase Subsequent to Phase I of the Development of the Lands or beyond the limits of the Lands as may be required by and to the satisfaction of the Director by notice given in writing to the Owner prior to the registration against title of the 40M Plan of subdivision for the Phase in question. The Director shall determine the duration " .,~ Page ~ 10 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. Paragraphs 2.3 and 2.5 shall apply in respect of all transfers with all necessary changes to them being considered to have been made to give effect to the intent of this paragraph." ARTICLE 4. COMPLIANCE WITH REGULATIONS In exercising its rights and in performing its covenants under this Supplemental Agreement, the Owner shall comply with all Provincial regulations of general application and all by-laws of the Town and the Region. ARTICLE 5 - TIME OF ESSENCE Time is of the essence of this Supplemental Agreement. ARTICLE 6 - AUTHORITY TO MAKE AGREEMENT The Owner acknowledges and agrees that the Town has authority to enter into this Supplemental Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and this Supplemental Agreement is made by the Town in reliance on the acknowledgement and agreement of the Owner as aforesaid. " ARTICLE 7 - PROVISIONS OF SUBDIVISION AGREEMENT TO CONTINUE Except as otherwise provided in this Supplemental Agreement, nothing herein is intended by the Parties hereto to affect nor shall it be considered to affect in any way the continuation, validity or enforceability of the provisions of the Subdivision Agreement in accordance with its terms. The Parties agree that on and after the day on which the Supplemental Agreement is made, the Subdivision Agreement shall be deemed to be amended as provided in this Supplemental Agreement and each of its provisions including without limiting the generality of the foregoing, the provisions of Article 7 of the Subdivision Agreement, shall continue in effect. " Page MW (I IN WITNESS WHEREOF 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF NEWCASTLE . E(t: Name: fnA-fZlO CRIELillCCJTitle: PRCSI06AJl \ HA~&1tI6 f\U1l10R.IT~ 1'""0 6/Nl0ittE COf.ftJ~fr170tJ J Name: Title: BANK OF Name: 't, Name: Title: 755568 ONTARIO INC. IN TRUST Name: Title: " Name: Title: " ". I~ SCHEDULE "A" THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No. 92-237 of the Corporation of the Town of Newcastle, enacted and passed the 14th day of December, 1992. LEGAL DESCRIPTION OF LANDS Those lands and premises more particularly described as comprising: Firstly, Parcel 9-1, Section Con. 2, Newcastle, Darlington (Bowmanville) being Part of Lots 9 and 10, Concession 2, Geographic Township of Darlington, Town of Newcastle, Regional Municipality of Durham, designated as Part 1 on Plan lOR- 3790 save and except the lands laid out by Plan 10M-840 and Plan 40M-1670; Secondly, Part of Parcel Plan-I, Section lOM-840 being Blocks 132 and 134, Plan 10M-840, Town of Newcastle, Regional Municipality of Durham; and Thirdly, Parcel 133-1, Section 10M-840 being Block 133, Plan 10M-840, Town of Newcastle, Regional Municipality of Durham. " ""l. (3 SCHEDULE "B" THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. 92-237 of the Corporation of the Town of Newcastle, enacted and passed the 14th day of December, 1992. LEGAL DESCRIPTION OF EIRAM PARK' Those lands and premises which are more particularly described as comprising Block 133 on Plan 10M-840. " .1'" /~ . , SCHEDULE "C" THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and approved by By-law No. 92-237 of the Corporation of the Town of Newcastle, enacted and passed the 14th day of December, 1992. CURRENT COST ESTIMATE OF CONSTRUCfION AND INSTALLATION OF EIRAM PARK Unit Item Description ~ llni1 Price Price 1. Provide extensive rough 22,300 sq.m $ 3.00 $ 66,900.00 grading as per sheet L6 2. Provide fine grading including 22,300 sq.m $ 0.75 $ 16,725.00 15cm average topsoil for all soft surfaces (dependent on engineer) 3. Provide & install sodding as 20,000 sq.m $ 2.50 $ 50,000.00 per sheet L6 4. Provide & install asphalt surfaces 2,150 sq.m $ 24.00 $ 51,600.00 as per detail D-PVOO02 5. Provide & install perimeter fencing 540 lin.m $ 55.00 $ 29,700.00 1.8m height as per detail D-FN0101 6. Provide & install baseball outfield 180 lin.m $ 65.00 $ 8,800.00 fence (1.8m) height as per detail D-FN0101 7. Provide & install Backstop Fencing 1 L.S. $12,000.00 as per details D-FN0021, D-FN0142 and D-FN0141 8. Provide & install infield surface 400 cU.m $ 24.00 $ 9,600.00 of Hazemag/sand mix as per detail D-FN0142 (2000 sq. m x 0.2m) 9. Provide & install interlocking brick 150 sq.m $ 50.00 $ 7,500.00 , as per detail D-PVOO04 10. Provide & install warning track 60 cU.m $ 24.00 $ 1,440.00 surface 11. Provide & install Player's Benches 2 $ 650.00 $ 1,300.00 as per detail D-F0147 12. Provide & install Benches as per 5 $ 450.00 $ 2,250.00 detail D- WS0133 13. Provide & install Litter Units as 6 L.S. $ 450.00 $ 2,700.00 per detail D- WS0134 14. Provide & install 5 tier Bleachers 2 L.S. $ 4,000.00 $ 8,000.00 as per manufacturer's specifications 15. Provide & install Oxford Gazebo 1 L.S. $ 20,000.00 $ 20,000.00 20 as per manufacturer's specifications , , ." ". 15 Schedule "C" -2- Item Descri.,ption ~ llni1 Price Price 16. Provide & install wood pergola 1 L.S. $ 5,000.00 $ 5,000.00 as per details D-S@0184, D-SW0185 and D-SW0186 17. Provide & install complete Play 420 sq.m $ 30.00 $ 12,600.00 Area. incl. concrete curbing, sand, filler, fabric, granular A, clearstone & drainage pipe as per detail D-REOO09 18. Provide & install Paris Play 1 L.S. $ 31,500.00 Structures as per manufacturer's specifications 19. Provide & install Henderson Tic 1 L.S. $ 1,000.00 To Panel as per manufacturer's specifications 20. Provide & install Park sign as per 1 L.S. $ 450.00 detail D- WS0084 21. Provide & install limestone 6 ea. $ 650.00 $ 3,900.00 seating wall as per detail D-RW0049 22. Provide & install Pedestrian Bridge 1 ea. $ 4,200.00 $ 4,200.00 as per manufacturer's specifications 23. Provide & install Knecht & 1 L.S. $ 1,800.00 $ 1,800.00 Berchtold Drink Fountain with cleanout trap as per manufacturer's "'/( specifications 24. Provide & install Catch Basins as 5 L.S. $ 1,320.00 $ 6,600.00 per Town of Newcastle Standard N-201 w /lockable cover as per Town of Newcastle Standard N-301 25. Provide & install 200mm concrete 65 lin.m $ 70.00 $ 4,557.00 Sewer as per Town of Newcastle " Standard N-301 26. Provide & Install 250mm concrete 125 lin.m $ 80.00 $ 10,000.00 Sewer as per Town of Newcastle Standard N-301 27. Provide & install 300mm concrete 33 lin.m $ 100.00 $ 3,250.00 as per Town of Newcastle Standard N-301 28. Provide & install 25mm copper L.S. $ 10,000.00 $ 10,000.00 irrigation lines, Turf valves (Rainbird 5NP w/Key No. 55K) and meter chamber plumbing as per detail D-SP0010 and according to layout on 1..6 '.' ~, I~ Schedule "C" -3- Unit Item Description ~ llni1 Price Price 29. Provide and install the following plants: 30. Ables concolor 22 2.0m.H $ 275.00 $ 6.050.00 31. Aesculus carne a "Brlott" 7 60mm.cal $ 326.00 $ 2,275.00 32. Acer ginnala 23 1.5m.H $ 325.00 $ 7,475.00 33. Acer saccarum 8 60mm.cal $ 325.00 $ 2,600.00 34. Aesculus parviflora 35 50cm.H $ 75.00 $ 2,625.00 35. Catalpa speciosa 4 75mm.cal $ 325.00 $ 1,300.00 36. Elaeagnus angustifolia 17 1.5m.H $ 75.00 $ 1,275.00 37. Fraxinus americana 8 60mm.cal $ 325.00 $ 2,600.00 38. Fabus sylvatica "Spaethiana" 3 75mm.cal $ 325.00 $ 975.00 39. Ginkgo Biloba 5 60mm.cal $ 325.00 $ 1,625.00 40. Juniperus sabina "Tamarisolfolia" 15 60cm.S $ 75.00 $ 1,125.00 41. Larix kaompferl 8 2.0m.H $ 275.00 $ 2,200.00 42. Malus "White Angel" 7 60mm.cal $ 325.00 $ 2,275.00 43. Ostrya virginiana 5 60mm.cal $ 325..00 $ 1,625.00 44. Pyrus calleryana "Bradford" 7 60mm.cal $ 325.00 $ 2,275.00 45. Pinus Sylvestris 22 1.5m.H $ 275.00 $ 6,050.00 46. Prunus virginiana "Shubert" , 19 60mm.cal $ 325.00 $ 6,175.00 47. Quercus rubra "Borealls" 11 60mm.cal $ 325.00 $ 3,675.00 '. ~Ir 48. Rosa Rugosa 75 60cm.H $ 75.00 $ 4,875.00 49. Scorbaria sorbifolla 56 60cm.H $ 75.00 $ 4,200.00 50. Physocarpus opulfollus "Dart's 53 60cm.H $ 75.00 $ 3,975.00 Gold" 51. Tilla euchlora 18 75mm.cal $ 325.00 $ 5,850.00 52. Landscape Cost Subtotal $456,382.00 53. 10% Contingency Fund $ 45,638.20 , (to be used only with written approval of Landscape Architect Taxes (15% P.S.T. & G.S.T.) $ 75,303.03 GRAND TOTAL FOR COMPLETE PARK LANDSCAPING $577,323.23 Total Park Area 2.2 Hectares 5.5 Acres Total Landscape Area 2.2 Hectares 5.5 Acres '.1 .,i. /1 SCHEDULE "D" THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been authorized and approved by By-law No. 92-237 of the Corporation of the Town of Newcastle, enacted and passed the 14th day of December, 1992. SCHEDULE FOR CONSTRUCfION AND INSTALLATION OF EIRAM PARK 1. Not later than January 20, 1993 three (3) sets of mechanical drawings properly signed by the Owner shall be submitted to the Director of Community Services for his consideration and, if appropriate, his approval. 2. Not later than March 8, 1993 the Owner will advise the Director of Community Services in writing of the contractor and all suppliers selected to do any or all of the construction and installment of the Eiram Park. 3. Not later than March 15, 1993 the Owner will submit to the Director of Community Services for his consideration and, if appropriate, his approval a detailed time schedule prepared by the Owner's landscape architect in consultation with the Owner's contractor for the construction and installation of the components of the Eiram Park which shall be consistent with the general time schedule prepared by the Director of Community Services. 4. Not later than June 1, 1993 the Owner shall have completed the construction and installation of all underground and inground services and all sub-grading and an inspection by the Owner's landscape architect and Town staff will occur. 5. Not later than June 30, 1993 the Owner shall have completed the installation of all topsoil, sub-bases for paved areas, park furniture, backstop and fences, ball diamond infield, gazebo and shelters and an inspection by the Owner's landscape architect and Town staff will occur. "'/{ 6. Not later than July 15, 1993 the Owner shall have completed the construction or installation of all surface treatments, paving, trees and shrubs, and other landscaping except sod and an inspection by the Owner's landscape architect and Town staff will occur. 7. Not later than July 30, 1993 as required by the Park Development Master Plan the Eiram Park the Owner shall complete the construction and installation of all sod and an inspection by the Owner's landscape architect and Town staff will occur. \ 8. All plant material including sod shall be kept in active healthy growth from the time of installation to the final inspection of the construction and installation of the Eiram Park by the, Owner's landscape architect and Town staff. .. [S! ,. SCHc:bULE (f/?SlL I .... ffJ,U!.B.. 9-/) SxnoiV CoJJ () I fJELLCfJ0!if!: , . DfJl:l/AlG10JJ / C&JWfflffNU/LLt )l3u}J(; fl1l2;- CF .i.tJrs q o.IId ! () I (I ail C L:::':S 10 JIJ J, C E~{(fJ plf/C 1a;WN6fflfJ OF OfJKL( jJ ~(f{;rV I iow J\1 OF NeLCCJ}~IU:: ./ K(.GlDAJr-r L m UN I Gl Pit Gl1 ~ 0.( 0 U ~ H A (Y1 I:;G~GJJ frieD As Pf1f(1 I On PlM tO~ / ~79o ~'f)V6 AND U(tcn 1HG LftJJDS Lfttb OUT IS Y fCft /'J IO(J/ -- 84 0 afld (J iOJl Yo rn --l0 70 ~bLj: /1!1<C-cL /33-1 /'SU:J/ON IO(f)~8YO BeiNG /!:;tOQJ< /33 PUtN IOrn-8~Oj {olUIJ or: ^)6WC/1S7 L{; j ;fe-GID/VAC (f)UlJ) (J1/:J!1 LII/ C; 10u fZ(-1 rrf7/