HomeMy WebLinkAbout92-237
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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:
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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.
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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.
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Mayor
Clerk
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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.
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Continued on Schedule 0
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(10) P.rty(ltl) (Set out Statu, or Int.,.)
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TOWN OF NEWCASTLE D u -oeck - Marie 18 Ii,
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(14) Municipal J~drnl of ProJ*tr
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Shibley Rigbton
Suite 1800
401 Bay Street
Toronto, Ontario
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Attn: Nicholas T.Macos
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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
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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
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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"
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Schedule "D"
"Schedule of Construction and Installation
of Eiram Park"
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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
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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
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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."
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(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
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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."
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(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."
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(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
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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.
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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:
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THE CORPORATION OF THE TOWN OF
NEWCASTLE
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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:
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Name:
Title:
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SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-law No. 92-237 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.
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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.
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SCHEDULE "C"
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been
authorized and approved by By-law No. 92-237 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
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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
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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
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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
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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.
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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.
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SCHc:bULE
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