HomeMy WebLinkAbout93-77
DN: 89072. BYL
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 93- 77
,
being a By-law to authorize the entering into of an Agreement with 812716 Ontario
Limited being the Owner of Plan of Subdivision 18T-89072 and the Corporation of the
Town of Newcastle in r~spect of Plan 18T-89072.
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 812716 Ontario Limited, being the Owner of Plan of Subdivision
18T-89072 and the said Corporation in respect of Plan of Subdivision 18T-89072;
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 31 st day of May , 1993.
BY-LAW read a second time this 31 st day of May , 1993.
BY-LAW read a third time and finally passed this 31 st day of May , 1993.
$d1~~/
. MAYOR
CLERK
"
q~~77
812716 ONTARIO LIMITED
SUBDMSION AGREEMENT WITH
THE CORPORATION OF THE MUNICIPALI1Y OF CLARINGTON
DRAFf PLAN NO. 18T-89072
Part of Lot 31, Concession 2, Geographic Township of Darlington,
Municipality of Clarington, Regional Municipality of Durham now Parcel
Plan-I, Section 40M-1740, Municipality ofClarington, Regional Municipality
of Durham, being Lots 1 to 8 (both inclusive), Blocks 9, 10, 11, 12, 13, 14, 15
and 16, Barrington Place, Plan 40M-1740
INDEX
1. Subdivision Agreement registered as Instrument No. LT654116 on September 22,
1993;
2. Certificate of Solicitor dated June 24, 1993;
3. Application by Municipality or Inhibiting Order registered as Instrument No.
LT654114 on September 22, 1993;
POSTPONEMENT REQUIRED PURSUANT TO SUBDIVISION AGREEMENT
Postponement of Charl:e or other Ril:hts
4. Postponement of Charge registered as Instrument No. LT654117 on September 22,
1993 between Jack Russell Breen, Marguerite Breen, 812716 Ontario Limited and
Canadian Imperial Bank of Commerce;
Transfers of Fee Simple
Intraplan Transfers
5. Transfer of:
(i) 0.3 Metre Reserves (Blocks 13, 14, 15 and 16, Plan 40M-1740; and
(ii) Water quality and overland flow route (Block 11, Plan 40M-1740);
registered as Instrument No. LT654120 on September 22, 1993.
DYE & DURHAM CO, INC,-Form No, 98
Amended NOV. 1192
~ Province
of
0"_ Ontario
Document General
form 4 - Land Registration Reform Act
o
(1) Registry 0 Land Titles I;gj (2) Page 1 of ~ages
(3) Property Block Property
Identlfler(s) Additional:
See 0
Schedule
c.Q .... ft (4) Nature of Document
Q,.
- ......
~ .... f
0 Notice of Subdivision A2reement (Section 74 of the Act)
..... 041- , I.
8:';Q . (5) Consideration
>- ... b..~
...J .. ~vi. ee.
z ., O2 ...
0 JI N'A Dollars $
w CO \';"1 .0<<
rJ) 1;-% &1 (6) Description
::l ;3* i ~
w -=
U ...... *:a..Q \"
iI - . ;:r1Ql-1 <folH -{740
LL ....J t-
O <C Parcel ~, Section GoB. 2 (Dafli.Bgt0ft), belag Part af L6t 31,
II: W a
0 <> C6fteessi9R 2, Ge'W~ppit' TOUTm:hip Qf DadiRStQ~ Municipality
LL -
of Oarington, Regional Municipality of Durham, tlesiga,at8d ~ ,
New Property Identifiers Parts 1 and 2 un Plan 16R-3964 J:ef;:J lots 1 to 8' (bof11 if1(!(~
Additional: E/OtJ(5 ~llo) II) /2} /3) If/5 &lh /~J -I1te .sJyee-t&3th9
See 0
Schedule BarrJ/1j-/P1'7 'fJlaee ,
Executions
(7) This (a) Redescription I (b) Schedule for:
Additional: Document New Easement Additional
See 0 Contains: Plan/Sketch Di Description 0 Parties o Other J(I
Schedule
(8) This Document provides as follows:
.'
mun/iJ f,!d/fy,
The Corporation of the lfeWf1 of Oarington has an unregistered estate, right, interest or equity in the land
registered in the name of 812716 Ontario Limited a8"Pcu\;eI31.'1, St;CtlOD CaB. :2 (Dar1hJgton), 98iBg""Part
of Lot 31, CoftCeggiOD 2, and hereby applies under Section 74 of the Land Titles Act for the entry of a
Notice of Subdivision Agreement in the Register for the said Parcel.
Continued on Schedule 0
I ( 9) This Document relates to Instrument number(s) )
(10) Party(les) (Set out Status or Interest)
Name(s) Signature(s) Date of Signature
y M 0
. "
,. .THE CORPORATION.OF. TIIE.MUNICIPALITY. .... ~.'. 7.~.,.,......... ~99~. .l~~.i.~
OF CLARINGTON by it solicitors Nicholas T. Macos i!
, , 'SHIBLEY.RIGHTON'per Nicholas T..Macos'" " : ;
, . . , , " ., . . . . . . . . . , . . . . , . . . , . . . . . . i . . . . . , , , . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . , . . . . . . . . . . . , . , . . . . . . . . . i . , , , . , . . . .
(11) Address
for Service ^ J... A01 Un.. - ~n;+"" 1 SUV\ T ~ ~ACU ')71
..
(12) Party(les) (Set out Status'or Interest) -J "
Name(s) Signature(s) Date of Signature
y M 0
,
,
,
,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t . . . . . . . . . . .
I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . " . . . . . . . . . . . . . . . . . .. . . . . . . lo . . . . . . . . . . .
,
,
,
,
,
,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,
. . . . . . . . . . . , . . . . , . , . , . . . . . . . . , , . . . r . , , . . . . . . . .
(13) Address
for Service
(14) Municipal Address of Property (15) Document Prepared by: II Fees and Tax
~
z Registration Fee
not assigned Shibley Righton 0
w
Barristers & Solicitors rJ)
::l
Suite 1800 w
u
401 Bay Street iI
LL
0
Toronto, Ontario M5H 2Z1 II:
i\ttn: Nicholas T. Macos 0 Total
~I
2-
THIS AGREEMENT made in quintuplicate as of this 31st day of May, 1993.
BElWEEN:
THE CORPORATION OF THE MUNICIPALIlY OF CLARINGTON
- and -
812716 ONTARIO LIMITED
- and -
CANADIAN IMPERIAL BANK OF COMMERCE
SUBDIVISION AGREEMENT
3
'" J
TABLE OF CONTENTS
ARTICLE 1. INTERPRETATION AND SCHEDULES . . . . . . . . . . . . . . . . . . . .. 3
1.1 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
1.2 Schedules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
ARTICLE 2. GENERAL ........................................... 10
2.1 Recitals in Operative Part of Agreement ...................... 10
2.2 Certification of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
2.3 Copy of Plan and Agreements Required ...................... 10
2.4 Transfer of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
2.5 Transfer of Lands ....................................... 12
2.6 Registration of Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
2.7 Lands for School Purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
2.8 . Charge on Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
2.9 Registration of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
2.10 Renegotiation and Amendment of Agreement .................. 13
2.11 Town to Act Promptly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
2.12 Assignment of Agreement ................................. 15
2.13 Replacement of Draft Plan with Pinal Plan(s) .................. 15
2.14 Notification of Owner .................................... 16
2.15 Postponement of Mortgage ................................ 16
2.16 Successors............................................. 16
ARTICLE 3 - FINANCIAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17
3.1 Payment of Taxes ....................................... 17
3.2 Payment of Local Improvement Charges ...................... 17
3.3 Payment of Drainage Charges .............................. 17
3.4 Payment of Development Charges .......... . . . . . . . . . . . . . . . .. 17
3.5 Cash in Lieu of Land Dedication . . . . . . . . . . . . . . . .. . . . . . . . . . .. 18
3.6 Performance Guarantee Required . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
3.7 Use of Performance Guarantee ............................. 19
3.8 Indemnification of Town .................................. 19
3.9 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20
3.10 Maintenance Guarantee Required. . . . . . . . . . . . . . . . . . . . . . . . . .. 20
3.11 Use of Maintenance Guarantee. . . . . . . . '. . . . . . . . . . . . . . . . . . . .. 21
3.12 Reduction and Release of Performance Guarantee .............. 21
3.13 Reduction and Release of Maintenance Guarantee .............. 22
3.14 Payment of Town's Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23
3.15 Unpaid Monies ......................................... 23
)I
ARTICLE
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
ARTICLE
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
5.18
5.19
5.20
5.21
5.22
ii
3.16
Occupancy Permit Deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.12
4 - PLANNING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tree Preservation Plan ...................................
Landscaping Plan and Landscaping Requirements ...............
Use of Lands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lands Unsuitable for Building. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lands Requiring Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirements for Building Permits ..........................
Model Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Architectural Control Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirements for Sale of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirements for Occupancy Permit .........................
Cash in lieu of Lands for Park or Other Public Recreational
Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 - PUBLIC WORKS...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Town Works Required ...................................
Utilities and Services Required .............................
Owner's Engineer .......................................
Design of Works ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Engineering Drawings ....................................
Approval of Grading and Drainage Plan ......................
Staging of Construction .................. . . . . . . . . . . . . . . . . .
Approval of Schedule of Works. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of Works Cost Estimates and Stage Cost Estimates. . . . . . .
Requirements for Authorization to Commence Works ............
Requirements for Commencement of Subsequent Stages of Works. . .
Inspection and Stop Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Construction in Accordance with Engineering Drawings . . . . . . . . . . .
Sequence of Construction of Works . . . . . . . . . . . . . . . . . . . . . . . . . .
Completion Time for Construction of Works ...................
Additional Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Incomplete or Faulty Works and Liens .......................
Acknowledgement Respecting Emergency etc. Repairs . . . . . . . . . . . .
Damage to Existing Services ...............................
Damage to Neighbouring Wells (Rural Application Only) .........
Use of Works by Town ...................................
Maintenance of Roads after Completion ......................
f
24
25
25
26
27
28
28
28
31
32
32
33
35
35
36
36
36
36
37
38
39
40
40
41
41
44
44
45
45
46
46
46
48
48
49
51
51
D
iii
5.23 Requirements for Certificate of Completion . . . . . . . . . . . . . . . . . . .. 52
5.24 Requirements for Certificate of Acceptance . . . . . . . . . . . . . . . . . . .. 52
5.25 Ownership of Works by Town .............................. 53
5.26 Requirements for Certificate of Release ...................... 53
5.27 Not Used. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 54
5.28 Cost of Works Referred to in Schedule "G" .................... 54
ARTICLE 6 - COMPLIANCE WITH REGULATIONS .................... 54
ARTICLE 7 - RESPONSIBILITY OF SUBSEQUENT OWNERS . . . . . . . . . .. 54
ARTICLE 8 - TIME OF ESSENCE ................................. 55
ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT .................. 55
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule liE"
SCHEDULES TO AGREEMENT
"Legal Description of the Lands"
"Plan of Subdivision (reduction)"
"Charges Against the Lands"
"Schedule of Payment of Development Charges"
"Transfer of Easements"
"Lands to be Transferred to Town and/or Cash to be Paid in
Lieu Thereof'
"Works Required"
"Utilities and Services Required"
"Duties of Owner's Engineer"
"Works Cost Estimates"
Schedule "F"
Schedule "G"
Schedule "H"
Schedule "1"
Schedule "J"
Schedule "K"
Schedule "L"
"Insurance Required"
"Regulations for Construction"
"Use of the Lands"
"Land Unsuitable for Building"
"Land Requiring Site Plan Approval"
Not Used
Schedule "Mil
Schedule "Nil
Schedule "Oil
Schedule "P"
Schedule "Q"
Schedule "R"
"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 "S"
Schedule liT'
Schedule "U"
Schedule "V"
Schedule "W"
It
Subdivision Agreement
Page 2
THIS AGREEMENT made in quintuplicate as of this 31st day of May, 1993.
BET WEE N:
THE CORPORATION OF THE MUNICIPALIlY OF CLARINGTON
(hereinafter called the "Town")
OF THE FIRST PART
- and -
812716 ONTARIO LIMITED
(hereinafter called the "Owner")
OF THE SECOND PART
- and -
CANADIAN IMPERIAL BANK OF COMMERCE
(hereinafter called the "Mortgagee")
OF THE THIRD 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 Subdivision 18T-89072 of the Lands subject to compliance with
certain conditions thereto including the making of Subdivision Agreements with the Region
and the Town, respectively;
1
. ,
Subdivision Agreement
Page 3
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
I8T-89072;
H. This Agreement is made pursuant to the provisions of Subsection 51(6) of the
Planning Act and is authorized by By-law 93-2.2. passed on t?JAr 3/ Jr1993.
NOW THEREFORE WITNESSETH THAT in consideration of the premises and
the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of
Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby
acknowledged), the Parties hereto covenant and agree to and with each other as follows:
ARTICLE 1 - INTERPRETATION AND SCHEDULES
1.1 Definitions
(1) In this Agreement the term:
(a) "Applicant" means an individual, an association, a partnership or
corporation who applies for the necessary building permits for the lots or
blocks covered by this Agreement.
(b) "Appropriate Authority" means the Town, the Region, a Ministry of the
Crown in right of Ontario or other authority or agency considered to be
appropriate for the purpose by the Director.
i
Subdivision Agreement
Page 4
(c) "Assuming Purchaser" has the meaning assigned to it in paragraph 3.16(1)
of this Agreement.
(d) "Authorization to Commence Works" has the meaning assigned to it in
paragraph 5.10 of this Agreement.
(e) "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.
(f) "Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24
of this Agreement.
(g) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23
of this Agreement.
(h) "Certificate of Release" has the meaning assigned to in it paragraph 5.26 of
this Agreement.
(i) "Commissioner" means the Commissioner of Planning of the Regional
Municipality of Durham.
G) "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.
(k) "Cost Sharing Report" means the "Cost Sharing Report" referred to in
Schedule "G" of this Agreement.
(1) "Council" means the Council of The Corporation of the Municipality of
clarington.
(m) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this
Agreement.
(n) "Development Charge" has the same meaning as is assigned to the term in
the Development Charges Act R.S.O. 1990, c. D.9.
(0) "Development Charge By-law" means Town By-law 92 - 105 as it may be
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.
1
Subdivision Agreement
Page 5
(p) "Development Charges Act" means the Development Charges Act, R.S.O.
1990 c. D.9, as it may be amended or replaced from time to time.
(q) "Director" means the Director of Public Works of the Municipality of
clarington or his designated representative.
(r) "Director of Community Services" means the Director of Community
Services or his designated representative.
(s) "Director of Planning" means the Director of Planning and Development
of the Municipality of clarington or his designated representative.
(t) "Drainage Act" means the Drainage Act R.S.O. 1990, c. D. 17 as it may be
amended or replaced from time to time.
(u) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of
this Agreement.
(v) "Final Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(w) "First Application" has the meaning assigned to it in Schedule "D" of this
Agreement.
(x) "First Excess Payment" has the meaning assigned to it in Schedule "D" of
this Agreement.
(y) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this
Agreement.
(z) "Second Excess Payment" has the meaning assigned to it in Schedule "D"
of this Agreement.
(aa) "Third Excess Payment" has the meaning assigned to it in Schedule "D" of
this Agreement.
(bb) "40M Plan" has the meaning assigned to it In paragraph 2.3 of this
Agreement.
/0
.
Subdivision Agreement
Page 6
(cc) "Grading and Drainage Plan" has the meaning assigned to it in paragraph
5.6 of this Agreement.
(dd) "Initial Works" has the meaning assigned to it in Schedule "0" of this
Agreement.
(ee) "Land Registry Office" has the meaning assigned to it in Schedule "A" of
this Agreement.
(ff) "Lands" has the meaning assigned to it in Recital A of this Agreement. '
(gg) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of
this Agreement.
(hh) "Maintenance Guarantee" has the meaning assigned to it in paragraph
3.10(1) of this Agreement.
(ii) "Master Drainage Plan" has the meaning assigned to it in Schedule "0" of
this Agreement.
OJ) "Minister" means the Minister of Municipal Affairs, Ontario.
(kk) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1)
of this Agreement.
(ll) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1) of
this Agreement.
(mm) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph
3.16(1) of this Agreement.
(nn) "Occupancy Permit Scale" has the meaning assigned to it in paragraph
3.16(2) of this Agreement.
(00) "Occupational Health and Safety Act" means the Occupational Health and
Safety Act R.S.O. 1990 c. 0.1 as it may be amended or replaced from time
to time.
I(
Subdivision Agreement
Page 7
(pp) "Owner" means the Party of the Second Part to this Agreement, its
successors and assigns and when used to refer to a successor or assignee of
such Party, or to another person, an owner includes an individual, an
association, a partnership or a corporation.
(qq) "Owner's Engineer" means a consulting civil engineer experienced in
performing the duties set out in Schedule "I" of this Agreement who or
which is a partnership, association of persons or a corporation that holds
a certificate of authorization, in their or its own name to practice
professional civil engineering and is a licensed to do so under the
Professional Engineers Act R.S.O. 1990 c. P.28 as it may be amended from
time to time provided that the Owner's Engineer shall not be the Owner,
or an officer, director, shareholder or employee of the Owner.
(rr) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6
of this Agreement.
(ss) "Planning Act" means the Planning Act R.S.O. 1990 c. P. 13 as it may be
amended or replaced from time to time.
(tt) "Reapproved Engineering Drawings" has the meaning assigned to it in
paragraph 5.5 of this Agreement.
(uu) "Reapproved Grading and Drainage Plan" has the meaning assigned to it
in paragraph 5.6 of this Agreement.
(vv) "Region" means The Corporation of the Regional Municipality of Durham.
(ww) "Related Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(xx) "Road System" has the meaning assigned to it in Schedule "G" of this
Agreement.
(yy) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this
Agreement.
(zz) "Security for the Maintenance Guarantee" has the meaning assigned to it
in paragraph 3.10(2) of this Agreement.
J"Y
"
Subdivision Agreement
Page 8
(aaa) "Solicitor" means the Solicitor for the Town.
(bbb) "Stage Cost Estimates" has the meaning assigned to it in paragraph 5.9 of
this Agreement.
(ccc) "Staging Plan" means the staging plan for the Lands approved by the
Director of Public Works pursuant to paragraph 5.11 of this Agreement.
(ddd) "Stormwater Management System" has the meaning assigned to it in
Schedule "G" of this Agreement.
(eee) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of
this Agreement.
(fff) "Street Lighting System" has the meaning assigned to it in Schedule "0" of
this Agreement.
(ggg) "Temporary Occupancy Permit" has the meaning assigned to it paragraph
4.10(2) of this Agreement.
(hhh) "Tile Drainage Act" means the Tile Drainage Act R.S.O. 1990, c. T.8 as it
may be amended or replaced from time to time.
(Hi) "Town" means The Corporation of the Municipality of clarington or any
official, designated by Council to administer the terms of this Agreement.
Gjj) "Treasurer" means the Treasurer of the Town or his designated
representative.
(kkk) "Tree Preservation Plan" has the meaning assigned to it in paragraph 4.1(1)
of this Agreement.
(111) "Utilities and Services" means the utilities and services referred to in
Schedule "H" of this Agreement.
(mmm)
'Works" has the meaning assigned to it in paragraph 5.1 of this Agreement.
')
"
Subdivision Agreement
Page 9
(nnn) 'Workers' Compensation Act" means the Workers' Compensation Act
R.S.O. 1990, c. W.ll as it may be amended or replaced from time to time.
(000) 'Works Cost Estimates" has the meaning assigned to it in paragraph 5.9 of
this Agreement.
(2) Whether or not it so provides explicitly, every provision of this Agreement by which
the Owner is required to undertake any action shall be deemed to include the words
"at the cost of the Owner".
(3) Unless the context otherwise requires when used in this Agreement, the singular
includes the plural and the masculine includes the feminine.
1.2 Schedules
The following Schedules which are attached hereto, together with all provisions
therein, are hereby made a part of this Agreement as fully and for all purposes as would be
the case if they were set out in the text of this Agreement as covenants and agreements:
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
"Legal Description of the Lands"
"Plan of Subdivision (reduction)"
"Charges Against the Lands"
"Schedule of Payment of Development Charges"
"Transfer of Easements"
"Lands to be Transferred to Town and/or Cash to be
Paid in Lieu Thereof'
"Works Required"
"Utilities and Services Required"
"Duties of Owner's Engineer"
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
"Use of the Lands"
"Land Unsuitable for Building"
"Land Requiring Site Plan Approval"
Not Used
"Conservation Authority's Work"
"Engineering and Inspection Fees"
Schedule "F"
Schedule "0"
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "Q"
Schedule "R"
Ilf-'
.
Subdivision Agreement
Page 10
Schedule "S"
Schedule "T'
Schedule "V"
"Region's Conditions of Approval"
Not Vsed
"Landscaping Plan" (reduction)
"Requirements of Other Agencies"
"Architectural Control Standards"
Schedule "V"
Schedule "W"
ARTICLE 2 - GENERAL
2.1 Recitals in Operative Part of Agreement
The Owner represents and warrants to the Town that each of Recitals A to G of this
Agreement is correct.
2.2 Certification of Ownership
(1) On the execution of this Agreement, the Owner shall provide the Town with a letter
signed by an Ontario Solicitor and addressed to the Town certifying as to the title of
the said Lands and setting out the names of all persons having interests in the said
Lands and the nature of their interests.
(2) On the execution of this Agreement, the Owner shall provide the Town with a letter
signed by an Ontario Solicitor and addressed to the Town certifying as to the title of
any land outside the limits of the said Lands, which is to be conveyed to the Town
or in which easements are to be transferred to the Town pursuant to the terms of
this Agreement.
2.3 Copy of Plan and Agreements 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
r{
(.
Subdivision Agreement
Page 11
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
clear of all encumbrances and restrictions, shall be made for a nominal consideration,
shall contain provisions satisfactory to the Town's Solicitor, and shall be in
registerable form.
(2) If, subsequent to the date of registration of any Plan of Subdivision of the Lands or
a planes) of subdivision of any partes) thereof, but prior to the issuance of a building
permit(s) for building(s) proposed to be constructed on a particular 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
Ip
Subdivision Agreement
Page 12
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 Rel:istration of Transfers
The transfers of easements and lands referred to in paragraphs 2.4 and 2.5 shall be
prepared by the Owner and shall be registered at the Owner's expense, at the same time as
the Plan is registered. If such transfers are of or in respect of lot(s) or block(s) which are
to be defined on the final Plan of Subdivision of the Lands when the Plan is approved and
registered against title, the registered number of the Plan shall be left blank and the Owner
hereby authorizes the Town to insert such Plan number after registration of the Plan.
2.7 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
11
'l
Subdivision Agreement
Page 13
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 ninety (90) 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.
2.8 Char2e on Lands
The Owner hereby charges all its interest in the Lands with the obligations set out
in this Agreement.
2.9 Rel:istration of A2reement
The Owner hereby consents to the registration of this Agreement or a notice thereof
against the title to the Lands. The Owner will not register, permit or suffer any person to
register any instrument after the registration of the final Plan of Subdivision against the title
to the Lands unless this Agreement and any transfers or other documents required to be
furnished hereunder have first been registered against the title to the Lands or the
appropriate portion(s) thereof, as the case may be. Without derogating from the foregoing,
the Owner also hereby consents to the registration of an Inhibiting Order(s) or a Caution(s)
against the title to the Lands or the relevant portiones) 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.
2.10 Renel:otiation and Amendment of Aereement
(1) Following the occurrence of any of the events set out below in this paragraph 2.10
(the "Renegotiation Events"), the Town may give written notice to the Owner
requiring that particular provisions of this Agreement specified in the notice shall be
renegotiated and, if necessary amended by the Parties. No later than the expiry of
the ten (10) day period following the date on which such notice is given, the Owner
will cease and will require all persons with whom it has a contractual relationship to
cease constructing and installing the Works referred to in such written notice until
the specified provisions of this Agreement have been renegotiated and any necessary
amendment(s) made to this Agreement. The Renegotiation Events are the following:
11
"
Subdivision Agreement
Page 14
(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 after the date as of
which this Agreement is made;
(iii) either if a Subdivision Agreement between the Owner and the Region has not
been executed at the date as of which of this Agreement is made, or if such
Subdivision Agreement between the Owner and the Region has been so
executed, it is amended subsequent to the date as of which this Agreement is
made, the provisions of such Subdivision Agreement between the Owner and
the Region, in the opinion of the Town, affect materially the location or sizing
of any of the Works to be supplied and installed under the terms of this
Agreement; or
(iv) construction or installation of any of the Works has not commenced within
two (2) years from the date of registration of the final Plan of Subdivision of
the Lands against the title to the Land;
Forthwith after the giving of written notice as aforesaid requiring the renegotiation
of specified provision(s) of this Agreement, the Owner and the Town will renegotiate
the same in good faith and with expedition. In the event that the renegotiation has
not been completed or has not resulted in agreement by the Parties prior to the
expiry of the twenty (20) day period following the date on which the notice requiring
the renegotiation is given as aforesaid, at any time thereafter the Town may give the
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 2.10(1), none of the Parties hereto may make any claim
against the Town for damages for any loss or cost or make any claim against the
Town for compensation in respect of any of the Works, whether located in whole or
in part on land in which the Town has an interest. Notwithstanding the foregoing,
the Owner and the Town expressly agree that the covenants and agreements
contained in paragraphs 3.8, 3.14, 5.17, 5.19, 5.20 and 5.21 and Article 7 of this
Agreement will survive the termination of this Agreement pursuant to paragraph
2.10(1), and paragraphs 3.8, 3.14, 5.17, 5.19, 5.20 and 5.21 and Article 7 of this
I.
11
"
Subdivision Agreement
Page 15
Agreement shall continue to bind the Owner and may be enforced by the Town in
the same manner and to the same extent as if this Agreement had not been
terminated.
(3) Without derogating from the provisions of paragraph 2.10(1) from time to time by
mutual agreement, the Parties hereto may amend the terms of this Agreement and
any of the Schedules, but an amendment shall only be effective if in writing and
executed under the seals and hands of the proper officers of each Party.
2.11 Town to Act Promptly
Wherever the Town, the Town's Solicitor, the Town's Treasurer or any Town
Director is required to take action pursuant to this Agreement, or is required to make a
decision or render an opinion, or give confirmation or give authorization, permission or
approval, then such action, decision, confirmation, authorization, permission or approval
shall be made promptly in all respects and the Town and its officials shall act reasonably.
2.12 Assil:nment of Al:reement
The Owner shall not assign this Agreement without prior written consent of the
Town. For greater certainty, any assignment which is made contrary to this paragraph 2.12
does not relieve a subsequent Owner of the Lands of any of his obligations under this
Agreement.
2.13 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-89072 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-89072 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-89072 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,
1AJ
,
Subdivision Agreement
Page 16
including without limiting the generality of the foregoing, Schedules "B", "E", "F", "G",
"N", "0", "P" and "Q", in order to replace the descriptions and references to the red-
lined draft Plan of Subdivision 18T-89072 with descriptions and references to and
that are consistent with such registered final Plan of Subdivision.
2.14 Notification of Owner
If any notice or other document is required to be or may be given by the Town or
by any official of the Town to the Owner under this Agreement, such notice shall be mailed
by first class prepaid post or delivered to:
The Owner: 812716 Ontario Limited
c/o Andelwood Homes
429 Lakeshore Drive
Port Perry, Ontario
L9L IN7
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.
2.15 Postponement of Mort2a2e
The Mortgagee hereby postpones 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 takes possession of the Lands, or (3) the
Lands are sold after default occurs under the 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.
2.16 Successors
This Agreement shall enure to the benefit of and be binding on the Parties hereto,
and their respective successors and assigns.
j.(
,
Subdivision Agreement
Page 17
ARTICLE 3 - FINANCIAL
3.1 Payment of Taxes
Prior to the date of execution of this Agreement, the Owner shall pay all municipal
taxes outstanding against the Lands, as set out in Schedule "C" hereto. In addition, the
Owner shall pay any municipal taxes which may become due in respect of the whole or any
one or more portions of the Lands after the date of execution of this Agreement in
accordance with the law.
3.2 Payment of Local Improvement Char~es
Prior to the date of execution of this Agreement, the Owner shall pay all charges with
respect to local improvements assessed against the said Lands as set out in Schedule "c"
hereto. Such charges shall include the Town's share of any local improvements which serve
the said Lands and shall include the commuted value of such charges including charges
falling due after the date of the execution of this Agreement.
3.3 Payment of 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 "e" hereto, including the commuted value of such charges
falling due after the date of execution of this Agreement.
3.4 Payment of Development Char~es
(1) The Owner shall pay all Development Charges and portions of front-end payments
required by the provisions of the Development Charges Act and the Development
Charge By-law in respect of the development of the Lands or anyone or more
portions thereof. The Owner shall pay the Development Charges in accordance with
the Schedule of Payment of Development Charges contained in Schedule "D" hereto.
Each payment of Development Charges set out in Schedule "D" shall be adjusted as
required by the Development Charge By-Law prior to the issuance of any building
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.
~~
Subdivision Agreement
Page 18
(2) The Parties acknowledge and agree that none of the provisions of this Agreement,
including but not limited to paragraph 3.4 and Schedules "D" and "G", are intended
nor shall they be considered to have the effect of exempting the Owner in whole or
in part from, or making inapplicable to the Owner, or making inapplicable in respect
of the development of the Lands, a Development Charge that is imposed by the
Development Charge By-law and none of them shall be used as a justification for or
the basis of granting the Owner a credit of any amount in determining the
development charge payable by the Owner under such By-law under the
Development Charges Act.
3.5 Cash in Lieu of Land Dedication
On the execution of this Agreement, the Owner shall pay the Town the cash payment
in lieu of dedication of lands as set out in Schedule "F" hereto.
3.6 Performance Guarantee Required
Prior to the date of issuance of any Authorization to Commence Work, the Owner
shall deposit with the Town, cash or an irrevocable and unconditional letter of credit issued
by a bank listed in Schedules "I" or II" of the Bank Act, acceptable to the Town's Treasurer,
and containing terms satisfactory to the Town's Treasurer. The deposit shall be in the
amount determined by the Director to be the amount required to secure to the Town the
performance by the Owner of its covenants contained in this Agreement to construct and
install the Works and the performance of the Owner's obligations under paragraph 5.13(2)
and without limiting the generality of the foregoing, in making his determination, the
Director may have regard for the "Works Cost Estimate" or the "Revised Work Cost
Estimate" (both terms as hereafter defined) whichever is applicable, for the construction and
installation of the Works which either are the subject of an Authorization to Commence
Work or for the issuance of which an Authorization to Commence Works application has
been made by the Owner. If from time to time following the issuance of any Authorization
to Commence Works the Director is of the opinion that the amount of the Performance
Ouarantee 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 irrevocable letter of credit in such amount issued by a
bank listed in Schedule "I" or "II" of the Bank Act that is acceptable to the Town's Treasurer
and continuing terms satisfactory to the Town's Treasurer. (The cash deposit(s) or letter(s)
of credit which is (are) to be deposited by the Owner pursuant to this paragraph 3.6 and
other provisions of this Agreement are called the "Performance Guarantee".) In the event
\.
j-3
"
Subdivision Agreement
Page 19
that the Owner does not increase the amount of the Performance Guarantee for a period
of thirty (30) days following the giving of written notice by the Director to the Owner
requiring an increase in the amount of the Performance Guarantee, (1) all Authorizations
to Commence Work that have been issued shall terminate, and (2) the Owner shall not
apply for or require the issuance of any permit for the construction of buildings or any part
of the Lands pursuant to the Building Code Act. Without derogating from the other
provisions of this Agreement, the Parties acknowledge that if the Owner deposits a letter
of credit with the Town's Treasurer as the whole or part of the Performance Guarantee or
an increase thereof required by this Agreement, the Town's Treasurer, acting reasonably,
may at any time draw on such letter of credit and deposit the cash proceeds thereof in an
account to the credit of Town for disbursement in accordance with this Agreement.
3.7 Use of Performance Guarantee
From time to time the Town may appropriate the whole or anyone or more portions
of the Performance Guarantee up to an amount(s) determined by the Director, which in
aggregate shall not exceed the amount(s) which in the opinion of the Director are required
to remedy the Owner's breach(es) or default(s) of or under the provisions of this
Agreement. Forthwith after making each such appropriation, the Director shall give the
Owner written notice thereof and the Owner shall forthwith reinstate the Performance
Guarantee to the full amount(s) required by this Agreement.
3.8 Indemnification of Town
(1) The Owner shall defend, indemnify and save the Town harmless from and against all
actions, claims, liabilities, losses, damages and expenses including reasonable legal
fees which arise by reason of or are caused in whole or in part by the making and/or
the implementation of this Agreement, or the design, construction and installation,
supervision of construction and installation, inspection, and/or maintenance of the
Works by the Owner, its employees, contractors, suppliers of services or materials,
the Owner's Engineer, the Owner's Engineer's employees, and the Owner's licensees.
(2) For greater certainty, the making of this Agreement is not intended to and shall not
have the effect of requiring the Town to do or refrain from doing any act or making
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.
M
Subdivision Agreement
Page 20
3.9 Insurance
The Owner shall obtain and maintain the insurance and deposit the proof thereof as
required by Schedule "K" of this Agreement in accordance with Schedule "K" of this
Agreement.
3.10 Maintenance Guarantee Required
(1) From the date of issuance of an Authorization to Commence Works until the date
of issuance of a Certificate of Acceptance of the Works or particular component(s)
of the Works, the Owner agrees with the Town to promptly correct, remedy, repair
or replace any portion or component of the Works in question that the Director
determines to be defective or deficient having regard to the provisions of this
Agreement at the Owner's cost (the "Maintenance Guarantee"). The amount of the
Maintenance Guarantee shall be determined in accordance with paragraph 3.12(1)
of this Agreement. The Owner shall be given written notice of any such deficiency
or defect by the Director forthwith after he identifies the same.
(2) The Maintenance Guarantee expires on the date of issuance of the Certificate of
Acceptance of the Works referred to in paragraph 3.10(1) which shall not be earlier
than the date of expiry of the relevant period of the Maintenance Guarantee for the
following Works as set out below:
(a) "Initial Works" (as hereafter defined): the later of (1) the date of expiry of
the period of two (2) years which commences on the date of issuance of the
Certificate of Completion for the Initial Works, and (2) the date of issuance
of a Certificate of Completion for the "Final Works" (as hereafter defined);
(b) "Final Works": the date of expiry of the period of one (1) year that
commences on the date on which the maintenance period for the Initial
Works specified in paragraph 3.1O(2)(a) expires;
(c) "Street 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
~~
Subdivision Agreement
Page 21
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,
after the giving of such notice, the Owner shall restore the Security for the Maintenance
Guarantee to the full amount required by this Agreement.
3.12 Reduction and Release of Performance Guarantee
(1) Prior to the release of the Performance Guarantee, in the discretion of the Director,
the amount of the Performance Guarantee may be reduced, from time to time, to
reflect the progress of completion of the Works and other facilities and
improvements which are required to be constructed and installed by the Owner after
taking into account any outstanding claims the satisfaction of which is provided for
in this Agreement. The maximum reduction that may be permitted to be made by
the Director is such that will leave on deposit with the Town's Treasurer as the
Performance Guarantee an amount equal to the sum of (1) the value of the
uncompleted Works and the other facilities and improvements as determined by the
Director having regard for the Works Cost Estimates then in force plus any amount
determined by the Director but not to exceed twenty (20%) percent of such value as
a completion allowance payable to the Town, and (2) as the Maintenance Guarantee
fifteen (15%) percent of the value of the completed Works, facilities and services,
also determined by the Director after considering the material, if any, submitted to
the Director by the Owner's Engineer in support of an application for reduction of
the Performance Guarantee in respect of the Works that have been completed by the
Owner as well as the contract documents, sub-contracts and supply contracts
pertaining to the Works and the provisions of the Construction Lien Act.
JJIp
Subdivision Agreement
Page 22
(2) The Owner will not require the Town to release to the Owner any unused portion
of the Performance Guarantee until each of the following conditions is satisfied:
(a) A Certificate of Completion has been issued for the Works for which the
Performance Guarantee was initially required to be deposited with the Town.
(b) The Owner has deposited or has left on deposit with the Town the
Maintenance Guarantee applying to the Works for which the Performance
Guarantee initially was required to be deposited with the Town.
( c) The Director is satisfied that in respect of the construction and installation of
the Works for which such Performance Guarantee was initially required to be
deposited with the Town, there are no outstanding claims relating to such
Works.
(d) The Town is satisfied that there are no outstanding claims relating to the
Works which the Town is required or may be permitted to pay either under
the provisions of the Construction Lien Act or otherwise.
(e) The Town is satisfied that the Owner is not in breach of any of its covenants
contained in this Agreement.
3.13 Reduction and Release of Maintenance 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
;27
Subdivision Agreement
Page 23
the Owner, the Town is satisfied that within the one (1) year period of
temporary occupancy under a Temporary Occupancy Permit the Director has
received the Owner's Engineer's written confirmation that grading of the lots
and blocks in question has been completed in accordance with the approved
Grading and Drainage Plan.
(e) The Director has received the as-constructed drawings for such Works from
the Owner as well as the computer disks, if any have been prepared by the
Owner's Engineer.
3.14 Payment of Town's Costs
(1) The Owner shall reimburse the Town for all reasonable legal, planning, engineering
and other technical advice, and administrative expenses actually incurred for the
preparation and registration of this Agreement and the reasonable cost of all legal
services contemplated by the terms of this Agreement, which include the review of
the Performance Guarantee, the review of the Security for the Maintenance
Guarantee and the preparation of a Certificate(s) of Release, provided that services
have actually been performed for the Town.
(2) The Owner shall pay to the Town Engineering and Inspection fees in accordance
with the provisions of Schedule "R".
(3) After giving reasonable notice to the Town, the Owner may inspect, during regular
business hours, such accounts, invoices, time records and other documents and
calculations of charges for which the Town is requiring reimbursement pursuant to
paragraph 3.14(1).
3.15 Unpaid Monies
Except as otherwise provided in this Agreement, the due date of any money payable
under it, unless a different due date is specified in this Agreement, shall be thirty (30) days
after the date of the giving of the written invoice to the Owner. Interest shall be calculated
and be paid by the Owner to the Town on all sums of money of which the Owner is in
default at the same rate, and in the same manner, and at the same time as is the case with
Town taxes which are in arrears at the date on which the default in question commences.
2<6
\
Subdivision Agreement
Page 24
3.16 Occupancy Permit Deposit
(1) Prior to the date of issuance of the first building permit for a dwelling proposed to
be constructed on the Lands, the Owner and/or a person who has entered into an
agreement with the Town containing terms satisfactory to the Town to assume the
obligations of the Owner under this Agreement relating to a specific lot(s) or
block(s)on the 40M Plan (the "Assuming Purchaser") shall deposit with the Town an
irrevocable and unconditional letter of credit issued by a bank listed in Schedules "I"
or "II" of the Bank Act acceptable to the Town's Treasurer, in the amount of ten
thousand dollars ($10,000.00) (the letter(s) of credit are referred to as the
"Occupancy Permit Deposit") to secure the performance of the Owner's covenant to
the Town under this Agreement that occupancy of any dwelling(s) on the Lands will
not take place before an "Occupancy Permit" (as defined in paragraph 4.10) is issued
by the Director of Planning in respect of such dwelling(s) pursuant to paragraph 4.10.
The letter of credit(s) shall contain terms satisfactory to the Town's Treasurer. In
the event that occupancy of a dwelling or dwellings occurs before the date of
issuance of an Occupancy Permit contrary to the provisions of paragraph 4.10, the
Town may draw upon and appropriate from the Occupancy Permit Deposit the
amount necessary to permit the Town to comply with the requirements of paragraph
4.10 on the Owner's and/or the Assuming Purchaser's behalf and/or at the Owner's
or the Assuming Purchaser's cost, as the case may be. In the event that the Town
so appropriates the whole or any part of the Occupancy Permit Deposit, forthwith
after it and/or they are given written notice of the amount of the appropriation, the
Owner and/or the Assuming Purchaser shall restore the Occupancy Permit Deposit
to the full amount of ten thousand dollars ($10,000.00). The Occupancy Permit
Deposit or the unused portion thereof shall be returned to the Owner and/or the
Assuming Purchaser at such time as the last dwelling which may be constructed on
the Lands is permitted to be occupied pursuant to an Occupancy Permit issued in
accordance with this Agreement. If a letter(s) of credit is deposited as the
Occupancy Permit Deposit, the Town agrees to permit its(their) replacement from
time to time by the Owner and/or the Assuming Purchaser, as the case may be,
provided that at all times the Occupancy Permit Deposit is maintained as is required
by this paragraph 3.16(1). Following each such permitted replacement of a letter(s)
of credit, the Town will return the replaced letter(s) of credit to the Owner and/or
the Assuming Purchaser.
(2) The Occupancy Permit Deposit requirement referred to in paragraph 3.16(1) is based
on the following "Occupancy Permit Scale" of the Town which is current on the date
of execution of this Agreement:
J!f
Subdivision Agreement
Page 25
up to 10 lots
11 to 50 lots
51 to 100 lots
101 to 250 lots
251 to 500 lots
over 500 lots
$10,000.00
$20,000.00
$30,000.00
$40,000.00
$60,000.00
$100,000.00
The Owner agrees with the Town that the Town in its discretion may amend its
Occupancy Permit Scale from time to time prior to the date on which the Occupancy
Permit Deposit is deposited with the Town pursuant to paragraph 3.16(1). The
Owner shall increase the amount of the Occupancy Permit Deposit in accordance
with the Town's amended Occupancy Permit Scale forthwith after the Director of
Planning gives written notice to the Owner requiring it to do so. In the event that
the Owner does not increase the amount of the Occupancy Permit Deposit for a
period of twenty (20) days following the giving of written notice by the Director to
the Owner requiring an increase in the amount of the Occupancy Permit Deposit, (1)
all Authorizations to Commence Works that have been issued shall terminate, and
(2) the Owner shall not apply for or require the issuance of any permits for the
construction of buildings on any part of the Lands pursuant to the Building Code
Act.
ARTICLE 4 - PLANNING
4.1 Tree Preservation Plan
(1) Prior to the issuance of any Authorization to Commence Works the Owner shall have
obtained the written approval of the Director Community Services, the Director of
Planning and Development, and the Director of Public Works of a plan for the
preservation of trees on the said Lands (the "Tree Preservation Plan") which shall
show:
(a) the location and approximate size of all existing trees over 30.5 cm 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 shown on the Tree Preservation Plan. No existing tree
?;iJ
,
Subdivision Agreement
Page 26
shall be removed until the Tree Preservation Plan has been approved by the Director
of Community Services, the Director of Planning and the Director of Public Works.
Thereafter an existing tree may be removed only if permitted by the Tree
Preservation Plan. The Owner shall comply with the approved Tree Preservation
Plan. In the event that any tree required to be preserved by the approved Tree
Preservation Plan is removed, destroyed or damaged, the Owner at its expense shall
replace that tree with a tree of a height, calliper and species as determined by the
Director of Planning in his discretion.
4.2 Landscaoinl: Plan and Landscapinl: Requirements
(1) Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of Planning and the Director of Public
Works of the "Landscaping Plan" (as hereafter defined),
(2) Prior to the execution of this Agreement, the Owner shall retain a qualified
landscape architect acceptable to the Director of Planning and the Director of Public
Works. The landscape architect shall prepare a draft landscaping plan showing,
amongst other things required by each of the Director of Community Services, the
Director of Planning and Development, and the Director of Public Works, boulevard
road areas and vegetation, trees to be planted thereon and fencing and screen
planting as required by paragraph 4.2(4). The draft landscaping plan shall conform
with and implement the Town's landscaping design criteria, as amended from time
to time, the approved Engineering Drawings and the other provisions of this
Agreement. When the draft landscaping plan has been settled to the satisfaction of
the aforesaid Directors and approved by them, it is the "Landscaping Plan" for the
purposes of this Agreement.
(3) The Parties acknowledge that the Landscaping Plan contained in Schedule "U" hereto
is the Landscaping Plan for the purposes of this Agreement.
(4) The Owner agrees at its cost to satisfy the following requirements:
(a) all lots in Urban Areas are to be sodded and all lots in Rural Areas are to be
sodded or seeded, as may be required by the Director of Planning, within one
(1) year of occupancy of the dwellings;
0)
"
Subdivision Agreement
Page 27
(b) except where otherwise provided in the Town's Design Criteria and Standard
Detailed Drawings, a minimum of one (1) tree per lot shall be planted on the
street allowances in accordance with the provisions of this paragraph 4.2(5);
(c) all trees shall be a minimum of three point five (3.5) m in height and six (6)
cm in calliper, staked and bagged;
(d) screen planting and fencing shall be provided between residential uses and
other uses in accordance with the Town's landscaping design criteria and the
relevant Landscaping Plan;
(e) fencing shall have a minimum height of one point eight (1.8) metres. Chain-
link fencing is not permitted except in areas abutting walkways, schools and
parks and then only in accordance with the Town's landscaping design criteria
and the relevant Landscaping Plan; and
(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, to provide and install trees, vegetation and fencing
and to satisfy the other requirements of the Landscaping Plan expeditiously during
the construction of dwellings on the Lands. Any default by the Owner in satisfying
any of the requirements of paragraph 4.2 may be remedied or corrected by the Town
at the Owner's cost. Without limiting the Town's rights under any other provision
of this Agreement, the Owner acknowledges and agrees with the Town that the Town
may appropriate a portion of the Performance Guarantee to indemnify the Town in
respect of the cost of remedying or correcting any such default of the Owner at any
time when deemed necessary by the Director of Planning. On each occasion,
forthwith, after the Director of Planning gives the Owner written notice of the
amount so appropriated, the Owner shall restore the Performance Guarantee to the
amount required by this Agreement.
4.3 Use of Lands
The Lands shall not be used for any purpose other than the purposes set out in
Schedule "M" hereto, provided that such purpose is permitted by the Town's By-law 84-63,
as amended from time to time.
39-
Subdivision Agreement
Page 28
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.
4.5 Lands Requiring 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 Reouirements for Buildin2 Permits
The execution of this Agreement by the Town, the approval by the Town of the 40M
Plan, and the issuance of any Certificate of Acceptance of Works, do not constitute a
representation or covenant by the Town to any person, nor shall be taken to give any
assurance to the Owner or to any other person that building permits for buildings proposed
to be constructed on any portion of the Lands when applied for, will be issued. Without
limiting the generality of the foregoing, the Owner will not apply for or cause or permit an
application to be made by any person for a building permit for a building proposed to be
constructed on any of the Lands, made until the following requirements are satisfied:
(a) all easements required to be transferred by this Agreement to the Town, the Region
of Durham or the Newcastle Hydro-Electric Commission, and all easements required
to be transferred for the purpose of Utilities and Services referred to in Schedule
"H", and all easements required to be transferred or reserved for the purpose of
drainage or access to the 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;
?8
Subdivision Agreement
Page 29
(b) all the roads which are required to be constructed to provide access to the proposed
building in accordance with this Agreement, have been constructed at least to the
completed base course of asphalt, and the Director has given the Owner his written
approval of them as being sufficient to provide in his opinion adequate access to the
proposed building(s);
(c) all of the Works required to be constructed and installed under road(s) referred to
in paragraph 4.6(b) have been constructed and installed to the satisfaction of the
Director;
(d) all of the Utilities and Services required to be constructed and installed pursuant to
Schedule "H" have been constructed and installed and have been accepted by the
Newcastle Hydro-Electric Commission and/or the authority or company having
jurisdiction over such Utilities and Services. Alternatively, the Town has received
written confirmation from such Commission, authority or company, as the case may
be, that sufficient financial security(s) have been received by it (them) on which it
or they may draw to payor to reimburse itself (themselves) in respect of the costs
of the design, construction and installation of such Utilities and Services if the Owner
fails to construct and install them;
(e) the Owner has provided the Director of Planning with a paper draft of the registered
Plan of Subdivision of the Lands, (the Owner shall provide the Director of Planning
with a mylar copy of such registered Plan of Subdivision forthwith after it is made
available to the Owner by the Land Registry Office);
(f) the Development Charges required to be paid by the Owner to the Town pursuant
to paragraph 3.4 and Schedule "D" have been paid in respect of the lot(s) or block(s)
for which application is made for a building permit;
(g) the Owner has deposited with the Town the Occupancy Permit Deposit as required
by paragraph 3.16 of this Agreement and it is in good standing;
(h) if the application for a building permit is for a building proposed to be constructed
on any lot(s) or block(s) set out in Schedule "N", the Owner has satisfied the
conditions with respect to the development of such lot(s) or block(s) set out in
paragraph 4.4 of this Agreement;
(i) if the application for a building permit is for a building proposed to be constructed
on any lot(s) or block(s) set out in Schedule "0", the Owner has entered into a Site
?ff-
Subdivision Agreement
Page 30
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;
G) the Performance Guarantee and the Security for the Maintenance Guarantee
provided for in this Agreement have been deposited with the Town and are in good
standing and all sums of money required to the Town by the Owner pursuant to this
Agreement have been paid;
(k) the applicant has submitted a Site Plan satisfactory to the Director and certified as
being correct by the Owner's Engineer which demonstrates to the satisfaction of the
Director that the final grades of the lot(s) or block(s) in respect of which the
application for a building permit(s) is made are appropriate for the building(s)
proposed to be constructed thereon, the grading of the lot(s) or block(s) in question
and the proposed access thereto conforms with the Grading and Drainage Plan
approved by the Director for the particular lot(s) or block(s) as well as with the
Town's Design Criteria and Standard Detail Drawings;
(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
water mains 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
?fi
Subdivision Agreement
Page 31
(iv) the Owner has agreed with the Town to have regard for the "Guidelines to
Fire Prevention" published jointly by the Ontario Home Builder's Association
and the Toronto Home Builder's Association in respect of construction of
dwellings;
(n) the Owner has provided written confirmation that all dwelling(s) to be erected on the
Lands in which the lot(s) or block(s) in question is located, satisfy the Architectural
Control Standards contained in Schedule "W" hereto; and
(0) the Owner has satisfied the requirement of paragraph 4.12 of this Agreement.
4.7 Model Homes
(1) Notwithstanding the provisions of paragraph 4.6 of this Agreement, the Owner may
apply for building permit(s) for model home(s) to be used for sales display purposes
which it proposes to construct on not more than ten (10%) percent of the total
number of lot(s) within the registered Plan of Subdivision of the Lands, provided
that:
(a) each such application is in conformity with all By-laws of the Town, the
Ontario Building Code Act and the Ontario Building Code;
(b) all building permit fees, Occupancy Permit Deposits and the Development
Levies provided for in this Agreement have been paid to or deposited with
the Town as is required by law and this Agreement;
( c) the Owner has satisfied the Director that the final grades of the lot( s) or
block(s) is appropriate for the proposed 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) and 4.6(n)
of this Agreement.
(2) Prior to the date of issuance of any building permit for a model home(s), the Owner
shall obtain the approval of the Director of the proposed access to the model
home(s) in question. In each case, such access shall be to the satisfaction of the
Director and the Town's Fire Chief.
3~
Subdivision Agreement
Page 32
(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
provisions of paragraphs 4.6 and 4.10 of this Agreement have been complied with.
If such model home(s) is occupied for residential purposes contrary to the provision
of this paragraph 4.7(3), then without derogating from any rights of the Town may
have under this Agreement, a statute, a regulation, or a by-law, the provisions of
paragraph 3.16 shall apply and shall be complied with by the Owner on each occasion
that such unauthorized occupation takes place.
(4) The Owner understands and agrees with the Town that if the Owner constructs or
causes or permits any person to construct one (1) or more model home(s) on any
part of the Lands prior to the day on which the watermains and hydrants on the
Lands or any part of them are fully serviced and operational for fire protection
purposes to the satisfaction of the Town's Fire Chief, the construction and/or use of
the model home(s) is entirely at the risk of the Owner. The Owner shall save the
Town harmless and indemnify the Town from and against all actions, claims,
liabilities, losses, damages and expenses, including reasonable legal fees, which arise
by reason of construction and/or use of such model home(s), and the provisions of
paragraph 3.8(1) shall apply with all necessary changes to it being considered to have
been made to give effect to the intent of this paragraph 4.7(4).
4.8 Architectural Control Standards
All dwellings to be erected shall satisfy the Architectural Control Standards as
contained in Schedule "W" hereto.
4.9 Requirements for Sale of Lands
Without derogating from any other provision of this Agreement the Owner shall not
sell the Lands or anyone (1) or more portions of the Lands until each of the following
conditions is satisfied:
(a) the transfers of easements and transfers of lands referred to in paragraphs 2.4 and
2.5 have been registered in accordance with paragraph 2.6;
(b) where a building permit has not been issued in respect of a lot(s) or block(s) shown
on the Plan which is proposed to be sold, the Owner has obtained from the
prospective purchaser an enforceable covenant made directly with the Town by which
such purchaser agrees with the Town, that prior to the issuance of a building permit
37
Subdivision Agreement
Page 33
for a building on the land in question, he will deliver to the Town, the Newcastle
Hydro-Electric Commission, other authority and/or company, as the case may be, any
transfers of easements as in such lot(s) or block(s) which are required for Town,
Region of Durham and Utilities and Services or drainage purposes, as determined
by the Director, forthwith after written request by the Director therefor is given to
the Owner;
(c) the Owner has obtained from such prospective purchaser of a lot(s) or block(s), a
licence to permit the Owner and/or Town, to enter on the lot(s) or block(s) in
question in order to perform the Owner's obligations under this Agreement and to
permit the Town to exercise its rights under this Agreement to correct or remedy a
default of the Owner in such performance;
(d) the Performance Guarantee, the Security for the Maintenance Guarantee and all
cash deposits or letters of credits required by this Agreement have been deposited
with the Town and all letters of credit deposited with the Town are in good standing;
and
(e) the Owner has included in the Agreement to purchase the Lands or the lot(s) or
block(s) on the Plan which is entered into by the prospective purchaser(s) as the case
may be, a notice that the Lands are subject to the covenants and obligations set forth
in this Agreement, and without limiting the generality of the foregoing, are subject
to the provisions of Article 7 in respect of the obligations of subsequent owners.
4.10 Requirements for OccuDancy Permit
(1) Notwithstanding the requirements of any statute, regulation or by-law respecting the
issuance of any permit authorizing or permitting the occupancy of any building, the
Owner shall not occupy or cause or permit any building on the said Lands to be
occupied without the written permission of the Town (the "Occupancy Permit")
having been given. In addition to satisfying the other requirements of this
Agreement, an Occupancy Permit shall not be issued to any person for any building
until the following requirements are satisfied:
(a) all of the roads which are required to be constructed under this Agreement,
and which will provide access to such building, have received the application
of the base course of asphalt, to the written satisfaction of the Director and
the required street lighting system has been installed and energized, all at the
cost of the Owner;
0t
. ,
Subdivision Agreement
Page 34
(b) all of the storm drainage system required to be constructed and installed to
service such building has been constructed and installed to the written
satisfaction of the Director, and such building has been connected thereto;
(c) all of the Utilities and Services, with the exception of telephone and cable
T.V., which are required to be constructed, installed and connected to the
building pursuant to Schedule "H", have been so constructed, installed and
connected to the written satisfaction of the Director, the Newcastle Hydro-
Electric Commission or the authority or company having jurisdiction over such
Utilities and Services, as is appropriate;
(d) the building has been connected to and is serviced by a water supply and
sewage disposal system to the written approval of the Region of Durham;
(e) either the Owner's Engineer has provided the Director with his written
certification that the lot(s) or block(s), on which such building is located has
been developed in conformity with the Grading and Drainage Plan, or the
Owner has given written approval by the Director to vary the requirements
of the approved Grading and Drainage Plan with respect to the lot(s) or
block(s) in question; and
(f) the building has been finally inspected and approved pursuant to the Building
Code Act, the Ontario Building Code and the Plumbing Code.
(2) Notwithstanding the provisions of paragraph 4.1O(1)(e), the Owner may be issued a
permit (the "Temporary Occupancy Permit") by the Director of Planning to permit
the temporary occupancy of a dwelling provided that the Owner establishes to the
satisfaction of the aforesaid Director that it has been unable to comply with the
requirements of paragraph 4.10( e) by reason of seasonal, weather or other conditions
which are considered by the Director, in his discretion, to be beyond the control of
the Owner. Prior to the issuance of a Temporary Occupancy Permit the Owner shall
establish, to the satisfaction of the Director of Planning that the provisions of
paragraphs 4.1O(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
4.1O(1)(e) within one (1) year from the date of the commencement of the Temporary
Occupancy Permit respecting the dwelling in question. Until such written
confirmation is provided to the aforesaid Director, the Town may retain the
Occupancy Permit Deposit provided for by paragraph 3.16 of this Agreement. If the
Owner does not comply with the approved Grading and Drainage Plan within ten
37
-
,
Subdivision Agreement
Page 35
(10) days, excluding Saturday and Sunday, after being required to do so by written
notice given to the Owner by the Director, the Town may appropriate the whole or
any part of the Occupancy Permit Deposit in order to reimburse the Town or pay any
person for the reasonable cost of complying with the approved Grading and Drainage
Plan, as determined by the Director in his discretion, provided that the Director shall
give written notice to the Owner forthwith after making each such appropriation of
the amount of the appropriation in question. If the written confirmation which is
required by paragraph 4.1O(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 Purposes
Without derogating from the other provisions of this Agreement, on the execution
of this Agreement, the Owner shall pay to the Town in cash the amount of money in lieu
of the transfer of land to the Town for parks and other public recreational purposes which
is set out in Schedule "F".
4.12 Special Conditions
(1) During construction on the Lands the Owner shall maintain fire access routes to the
satisfaction of the Town's Fire Chief.
(2) In cases in which an Appropriate Authority determines that the well or private water
supply of any person is interfered with either as a result of the grading of,
construction on, or the development of the Lands or any portion of the Lands, or as
a result of the construction or installation of any of the Works, the Owner, at its cost,
either shall connect the affected person to the municipal water supply system or shall
provide a new well or private water system so that water supplied to the affected
person shall be of quality and quantity at least equal to the quality and quantity of
water enjoyed by the affected person prior to the interference.
(3) The Owner shall comply with the provisions of Schedule "Q" and Schedule "V"
hereto.
(4) Any deadendsandjor open side ofroad(s) allowances created by this draft Plan shall
be terminated in zero point three (0.3) metre reserve(s) which shall be transferred
~
Subdivision Agreement
Page 36
to the Town. Paragraphs 2.5 and 2.6 apply in respect of such transfers with all
changes necessary being considered to have been made to them and give effect to
this paragraph 4.12(4).
(5) Without derogating from paragraph 4.12(2), in cases in which the Appropriate
Authority has determined that the well or private water supply of any person is
interfered with, the Owner shall at his expense either connect the affected party to
a municipal water supply system or a private system so that water supplied to the
affected party shall be of quality and quantity at least equal to the quality and
quantity of water enjoyed by the affected party prior to the interference.
ARTICLE 5 - PUBLIC WORKS
5.1 Town Works Required
The Owner at the Owner's expense shall construct and install the facilities, services,
works, improvements and landscaping more particularly described in Schedule "G" hereto
(collectively in this Agreement are called the "Works"). From the date of issuance of the
Authorization to Commence Works until the date of issuance of a Certificate of Acceptance
of them the Owner shall be fully responsible for the construction and maintenance of the
Works including the cost thereof in accordance with the provisions of this Agreement. 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 the matters referred to in Schedule "H".
5.3 Owner's En~ineer
(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
4t
Subdivision Agreement
Page 37
the Owner's Engineer without the prior written approval of the Director. All notices
to be given to the Owner's Engineer are properly given if given by personal service,
by telephonic facsimile communication, or first class prepaid post addressed to the
Owner's Engineer at the address or telefax number provided to the Director pursuant
to this paragraph 5.3. Forthwith after the Director gives the Owner written notice
requiring it to do so, the Owner shall give the Director written notice advising him
whether or not the approved Owner's Engineer continues to be retained by the
Owner.
(2) If at any time following the execution of this Agreement until the day on which a
Certificate(s) of Acceptance has been issued for all of the Works in accordance with
this Agreement, the Owner's Engineer resigns, abandons his office or is terminated
by the Owner, the Owner shall give the Director written notice of that fact within
three (3) days from the date of the resignation, abandonment or termination, as the
case may be. Until such time as the Owner retains and notifies the Director of the
name and address of a new Owner's Engineer who is qualified to be approved by the
Director pursuant to this Agreement and who in fact is approved by the Director, the
Owner hereby authorizes the Director on the Owner's behalf and at the Owner's cost
to appoint a new Owner's Engineer, provided that (1) forthwith after appointing a
new Owner's Engineer, the Director shall give the Owner written notice of the name,
address and telefax number of the Owner's Engineer who is so appointed; (2) the
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 abandoned the
performance of the services as the Owner's Engineer under this Agreement or who
or which may previously have been terminated by the Owner, whether or not for
cause. The provisions of paragraph 5.3(1) apply when a new Owner's Engineer is
appointed by the Director under this paragraph 5.3(2) with all necessary changes
thereto being considered to have been made to give effect to this paragraph 5.3(2).
5.4 Design 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
ft-
Subdivision Agreement
Page 38
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 En2ineerin2 Drawin2s
(1) Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of the original copy of all drawings of the
Works (the "Engineering Drawings"). If construction and installation of the Works
has not commenced within two (2) years from the date of approval of the
Engineering Drawings, the Engineering Drawings shall be resubmitted to the
Director for his reconsideration and approval after any revisions required by the
Director have been made to them (the "Reapproved Engineering Drawings"). From
and after the approval by the Director of the Reapproved Engineering Drawings,
they shall be deemed to be the Engineering Drawings for the purpose of this
Agreement, and thereafter all Works shall be constructed and installed in accordance
with them. The Owner hereby irrevocably assigns to the Town without cost to the
Town the right to use and to reproduce the Engineering Drawings and all reports
that relate in whole or in part to the Works which have been prepared by or for the
Owner in connection with the performance of the Owner's obligations under this
Agreement. The Owner acknowledges that approval of the Engineering Drawings
~
Subdivision Agreement
Page 39
or reports by the Director shall not relieve the Owner from its obligation to satisfy
all requirements of or made pursuant to this Agreement.
(2) Prior to the issuance of any Authorization to Commence Works, the Owner shall
provide the Director without cost to the Town with the Owner's Engineer's (1)
written acknowledgement that the Engineering Drawings and reports referred to in
paragraph 5.5(1) may be used and/or reproduced by the Town without cost or prior
approval or permission, (2) written permission for the Town's officers, employees,
agents, contractors and suppliers to use the specifications, data, drawings, records and
reports whether completed or in progress of completion in satisfaction of the Owner's
obligations under the provisions of Schedule "I" of this Agreement without cost or
prior approval or permission, and (3) written undertaking to deliver to the Director
the original copy of the Engineering Drawings forthwith after being given written
notice by the Director requiring the Owner's Engineer to do so, whether or not the
Owner's Engineer's fees and disbursements in respect of any of them have been paid.
Prior to each occasion on which a new Owner's Engineer is retained by the Owner
and approval of the Director is sought, the Owner shall provide the Director with a
similar written acknowledgement and written permission of the new Owner's
Engineer, provided that if the new Owner's Engineer is to be retained by the
Director on behalf of the Owner pursuant to paragraph 5.3(2), the Director shall
obtain from the prospective Owner's Engineer the aforesaid written
acknowledgement and permission. Forthwith after the Director gives the Owner's
Engineer written notice requiring them or it to do so, copies of the Engineering
Drawings, computer disks, specifications, data, drawings, records and reports referred
to in this paragraph 5.5(2) shall be provided to the Director without cost to the
Town.
5.6 Approval of Gradine 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
#
Subdivision Agreement
Page 40
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 Sta2in~ of Construction
Prior to the commencement of construction and installation of any of the Works, the
Director, in his discretion, may give written notice to the Owner requiring that the Owner
prepare and submit to him a Works staging plan (the "Staging Plan"). Forthwith,after the
giving of such notice, the Owner shall prepare and submit to the Director of Public Works
and the Director of Planning for their consideration and approval a draft Staging Plan. The
Owner shall not proceed with the construction and installation of any Works until the
Staging Plan has been approved by the Director of Public Works and the Director of
Planning after any revisions required by them have been made to the draft Staging Plan.
Thereafter, the Owner shall proceed to construct and install the Works only in accordance
with such approved Staging Plan and any amendment which may be approved thereafter by
the Director of Planning and the Director of Public Works. The Staging Plan for the
purposes of this Agreement is the Plan contained in Schedule "G-l" attached hereto
provided that for the purposes of this paragraph 5.7 the Staging Plan may be amended from
time to time with the written approval of the Director.
5.8 Approval of Schedule of Works
Prior to the issuance of any Authorization to Commence Work, the Owner shall
obtain the written approval of the Director of a draft schedule (the "Schedule of Works")
which sets out the time at which, and the sequence in which, the Owner proposes to
construct and install each of the Works, Utilities and Services which are required to be
constructed and installed by it in accordance with this Agreement. Notwithstanding the
foregoing provisions of this paragraph 5.8, in cases in which the construction and installation
of the Works is to be staged in accordance with the Staging Plan, prior to the date of
issuance of the Authorization to Commence Works for each stage provided in the Staging
Plan, the Owner shall obtain the written approval of the Director of a 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.
40
Subdivision Agreement
Page 41
5.9 Approval of Works Cost Estimates and Stal:e Cost Estimates
Prior to the issuance of any Authorization to Commence Works, the estimated cost
of construction and installation of the Works, (the "Works Cost Estimates"), shall be
submitted by the Owner to the Director for his consideration and if appropriate his
approval. 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 and the Town by the
Director in Schedule "J".
5.10 Requirements for Authorization to Commence Works
(1) The Owner shall not commence the construction or installation of any of the Works
without the written permission of the Town, (the "Authorization to Commence
Works"). The Owner shall only commence the construction and installation of those
Works permitted by the Authorization to Commence Works. In addition to
satisfying all the other requirements of this Agreement in respect thereof, an
Authorization to Commence Works shall not be issued for any of the Works for
which the Authorization is sought until the following conditions have been satisfied:
(a) the final Plan of Subdivision of the Lands has been approved by the Region
pursuant to the Planning Act;
(b) the final Plan of Subdivision of the Lands has been registered against the title
to the Lands;
(c) the Owner has delivered to the Town (1) a copy(s) of this Agreement as
registered against the title to the Lands; (2) a copy(s) of the registered Plan
of Subdivision of the Lands; and (3) a copy(s) of the other Agreement(s)
referred to in paragraph 2.3 of this Agreement;
(d) the Owner has paid to the Town any monies required by paragraphs 3.1, 3.2,
3.3 and 3.4 of this Agreement;
1fp
Subdivision Agreement
Page 42
(e) the Owner has delivered the transfers of easements to the Town In
accordance with paragraph 2.4 of this Agreement;
(f) the Owner has delivered to the Town transfers of the lands and paid the
required cash in accordance with paragraphs 2.5, 2.6 and 4.12(4) of this
Agreement, and such transfers have been registered against the title to the
appropriate portions of the Lands;
(g) the Owner has delivered to the Town letters signed on behalf of the authority
authorities or companies having jurisdiction with respect to the Utilities and
Services that are referred to in Schedule "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;
G) 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;
11
Subdivision Agreement
Page 43
(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
df Works as required by paragraph 5.8 of this Agreement;
(0) the Owner has received the written approval of the Director to the Works
Cost Estimates or the Stage Cost Estimates as required by paragraph 5.9 of
this Agreement;
(p) the Owner has deposited with the Town the Performance Guarantee required
by paragraph 3.6 and other provisions of this Agreement and has made all
cash payments to and deposited all letters of credit with the Town as required
by this Agreement;
(q) the Owner has deposited with the Town's Treasurer all policies of insurance
or proof thereof required by and in accordance with paragraph 3.9 and
Schedule ilK" of this Agreement;
(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
of Natural Resources, the Region and the Central Lake Ontario Conservation
Authority with respect to the Works;
(t) the Owner has deposited with the Director its written undertaking to provide
the Director without cost with a copy of the contract documents, names and
addresses of all contractors, sub-contractors and suppliers of services and
materials, and copies of all sub-contracts and supply contracts relating to the
construction and installation of the Works for which the application for
Authorization to Commence Works is made, forthwith after written notice is
given by the Director to the Owner to provide any or all of the aforesaid
material; and
~
Subdivision Agreement
Page 44
(u) the Owner has been given the written approvals of the Director of Planning
and Development, Director of Public Works and Director of Community
Services as required by paragraph 4.12 of this Agreement.
(2) Notwithstanding the provisions of paragraph 5.10(1), the Owner may commence the
construction and installation of the Works with the written approval of the Director
prior to the registration of the Plan of Subdivision referred to in paragraph
5.10(1)(b), provided that the requirements of clauses 5.1O(1)(d), (g), (h), (i), G), (k),
(1), (m), (n), (0), (p), (q), (r), (s) and (t) have been satisfied by the Owner and the
lands and easements considered by the Director to be necessary to accommodate the
Works and all components thereof have been transferred to the Town. In such a
case, however, a Certificate of Completion of the Works, shall not be issued by the
Director until a Plan of Subdivision of the Lands has been registered against the title
to the Lands and all the other requirements of this Agreement respecting the
issuance of a Certificate of Completion have been satisfied. Notwithstanding the
approval of the Director under this paragraph 5.10(2), the Owner agrees with the
Town that the construction or installation of any of the Works pursuant to paragraph
5.10(1), if undertaken, shall be undertaken at the sole risk of the Owner and the
Owner hereby waives any right that he might have to compensation by or damages
from the Town that he might otherwise have as a result of its construction and
installation of any of the Works.
5.11 Requirements for Commencement of Subsequent Sta2es of Works
If the Director has approved a Staging Plan for the Lands, the Owner shall require
an Authorization to Commence Works for each stage defined in the Staging Plan.
5.12 Inspection and Stop Work
The Owner shall ensure that every contract that may be made by the Owner with any
contractor to construct or install any of the Works shall provide that employees or
representatives of the Town may, at any time, inspect the work of such contractor and shall
require the contractor to comply with stop work orders given by the Director pursuant to
this paragraph 5.12. The Director may give the Owner a written order to stop the
construction or installation of any of the Works that is being undertaken by giving written
notice either to the Owner or to the Owner's Engineer to that effect if in the Director's
opinion either (1) the Works are not being undertaken such that a completed construction
and installation of all the Works satisfactory to the Town in accordance with this Agreement
will result, or (2) the Performance Guarantee and the Security for the Maintenance
~1
Subdivision Agreement
Page 45
Guarantee required to be provided pursuant to this Agreement in respect of the Works has
not been deposited or is not maintained in good standing. The Owner shall comply with the
stop work order forthwith after it is given by the Director in accordance with this paragraph
5.12 by requiring the Owner's contractor and sub-contractors who are constructing and
installing the Works or components thereof in question and are referenced in the order to
comply with it forthwith. A stop work order may be given to the Owner by giving to its
Owner's Engineer by personal service on the Owner's Engineer or any representative of the
Owner's Engineer, by prepaid first class post addressed to the Owner's Engineer, or by
telefax to the Owner's Engineer at the address and telefax number referred to in paragraph
5.3(1) or 5.3(2), whichever is applicable.
5.13 Construction in Accordance with En~ineerin~ Drawin~s
(1) The Works shall be constructed and installed in accordance with the Engineering
Drawings as approved by the Director. No deviation from the Engineering Drawings
is permitted unless such deviation is authorized in writing by the Director before it
is undertaken. All construction and installation of the Works, shall be undertaken
and carried out by the Owner or by the Owner's contractor, as the case may be, in
accordance with the regulations for construction set out in Schedule ilL".
(2) The Owner shall keep the Town road surfaces and ditches clean of dirt, mud and
refuse until a Certificate of Acceptance of all Works contemplated in this Agreement
has been issued as provided for by this Agreement. If the Owner has not performed
its obligations under this paragraph 5.13(2), the Town may do so and deduct the
reasonable cost thereof from the Performance Guarantee. The Owner shall restore
the Performance Guarantee to the amount otherwise required by this Agreement,
forthwith after the Director gives the Owner written notice of the amount of the
deduction in question.
5.14 Sequence of Construction of Works
Following the issuance of an Authorization to Commence Works, the Owner shall
proceed in good faith to construct and install all of the Works referred to in the
Authorization to Commence Works continuously and in accordance with the timing and
sequence therefor set out in the Schedule of Works.
51)
Subdivision Agreement
Page 46
5.15 Completion Time for Construction of Works
Within two (2) years of the date of the issuance of an Authorization to Commence
Works, the Owner shall complete the construction and installation of all of the Works
authorized in such Authorization to Commence Works with the exception of the curbs,
sidewalks, final coat of asphalt, final lot grading, driveway approaches, sodding and tree
planting which may be completed later if done so in accordance with the provisions of the
Schedule of Works.
5.16 Additional Work
Until the conclusion of the Maintenance Guarantee Period referable thereto, if in
the opinion of the Director, any incidental additional work is required to provide for the
adequate operation, functioning and maintenance of any of the Works, the Owner, at its
cost, shall construct and install such additional facilities and perform such additional work
as the Director may request from time to time by written notice given to the Owner.
5.17 Incomplete or Faulty Works and Liens
(1) Without derogating from the other provisions of this Agreement, if, in the opinion
of the Director, (1) the Owner is not constructing and installing or causing to be
constructed or installed any of the Works required by this Agreement so that it or
they will be completed within the time specified for such completion in the Schedule
of Works, or (2) the Works or any component(s) thereof are being improperly
constructed or installed, or (3) the Owner neglects or abandons the said Works or
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
5'(
Subdivision Agreement
Page 47
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 of the Works
or any component thereof as determined by the Director in his absolute discretion,
any deficiency(s) or defect(s) in the Works, and any failure to complete the Works
and all components thereof in accordance with this Agreement may be corrected,
remedied or completed by the Town its contractors, suppliers and employees at the
cost of the Owner without prior notice to the Owner, provided that forthwith after
the Town so acts, the Director shall give written notice to the Owner of his
determination as aforesaid, describing the action taken by the Director, and the cost
of correcting or remedying the deficiency or default in question or the cost of
completing the Works and the components thereof, as the case may be. For the
purposes of this paragraph 5.17(1) the cost of any work which the Town undertakes
under this paragraph 5.17(1) shall be determined by the Director in his absolute
discretion. It is understood and agreed by the Parties that the costs for which the
Owner is responsible under this paragraph 5.17(1) shall include a management fee
payable to the Town either of thirty (30%) percent of the contractor's charges to the
Town (including any charges for overhead and profit) or, if such work is undertaken
by the Town, thirty (30%) percent of all costs incurred by the Town to correct or
remedy the deficiencies or defect or to complete the Works and all components
thereof as the case may be. The Owner shall pay the Town an amount equal to the
cost of all Works and components thereof, and the cost of correcting or remedying
all deficiencies and defects referred to in this paragraph 5.17(1) which have been
incurred by the Town or are estimated in the Director's absolute discretion to be
likely to be incurred by the Town forthwith after the Director gives the Owner
written demand for payment of such cost. If the amount paid is based on the
Director's estimate as aforesaid, forthwith after actual costs are known the Director
shall give the Owner written notice thereof. If the actual costs are more than the
estimated costs, the Owner shall forthwith pay the Town an amount equal to the
difference between them. If the actual costs are less than the estimated costs, the
Town shall forthwith refund the difference between them to the Owner.
(2) In the event that (1) a claim for alien in respect of the Works or any component
thereof is registered against the title to any land vested or which should have been
vested in the Town or is filed with the Town, or (2) the Town receives written notice
of a claim of an alleged beneficiary of a statutory trust under the Construction Lien
Act, such registration, filing or notice shall constitute a default in performance by the
Owner of this Agreement. In any such case, the Director may notify the Owner in
5~
Subdivision Agreement
Page 48
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
by the Town in making a payment pursuant to this paragraph 5.17(2) forthwith after
the Director gives the Owner written notice requiring him to do so. In the event that
the Town draws on and appropriates any portion of the Performance Guarantee or
the Security for the Maintenance Guarantee for any of the aforesaid purposes,
forthwith after the Director gives written notice to the Owner requiring it to do so,
the Owner shall reinstate the Performance Guarantee and/or the Security for the
Maintenance Guarantee, as the case may be, to the full amount(s) required under
the provisions of this Agreement.
5.18 Acknowledgement Respecting Emergency etc. Reoairs
The Owner acknowledges that if in cases of emergency or urgency or in order to
protect the integrity of the Works or any component thereof, the Director acts to correct,
remedy or repair any deficiency(s) or defect(s) inthe Works, neither an entry on the Lands
or any portion of them nor any such action by the Director or any person authorized to
undertake the same by the Director shall be deemed to be an acceptance of any of the
Works by the Town, nor an assumption by the Town of any responsibility or liability in
connection therewith, or a release by the Town of the Owner from any of its obligations
under this Agreement.
5.19 Damage to Existing Services
Forthwith after written demand therefor is given by the Director to the Owner, the
Owner shall pay to or to the direction of the Town, the cost of repairing any damage to any
property or services of the Town, the Region, or any utility authority or company or (the
"Damaged Services") including without limiting the generality of the foregoing, any road(s),
water, electrical, gas, telephone, cable television and sewer systems, and the cost of
relocating any Damaged Services, caused by or resulting from the development of anyone
(1) or more portions of the Lands, or the construction or installation of any of the Works,
provided that all such repairs and or relocation(s) are completed to the satisfaction of the
5?J
Subdivision Agreement
Page 49
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 Damage to Neighbouring Wens (Rural Application Only)
(1) Prior to the commencement of and during the period of construction or installation
of the Works, the Owner shall cause to be carried out, at its expense, the ground
water monitoring program which has been approved by the Director pursuant to this
paragraph 5.20(1), (the "Monitoring Program"). The Monitoring Program shall be
prepared in draft form by'a qualified hydrogeologist (the "Hydrogeologist") who shall
be retained by the Owner, at the Owner's expense, after the Hydrogeologist is first
approved by the Director. The draft Monitoring Program shall be submitted to the
Director for his consideration and approval. After the Monitoring Program has been
approved, it shall be implemented by the Hydrogeologist. The Monitoring Program
shall describe the number and location of the piezometric observation wells which
are to be installed by the Owner, and the frequency, method of observation, method
of collection and recording of data and the timing, form and addressees of the report
of the Hydrogeologist's analyses and findings to the Town, as well as such other
matters as the Director considers to be appropriate. After the draft Monitoring
Program has been approved by the Director with or without such modification(s) as
he may consider appropriate, it is the Monitoring Program for the purposes of this
Agreement.
(2) For the duration of the Monitoring Program, the Owner, at its cost, shall cause the
Hydrogeologist to provide the Director with a copy of all reports prepared by him
in connection with or in implementation of the Monitoring Program forthwith after
they are prepared. For the duration of the Monitoring Program, the Owner also
shall cause the Hydrogeologist to make available to the Director, at no cost to the
Town, forthwith after a written request therefore is given to the Hydrogeologist by
the Director, a copy of all data collected and all analyses made in connection with
or implementation of the Monitoring Program. Forthwith following the completion
of the Monitoring Program, the Owner shall cause the Hydrogeologist to provide to
the Director, at no cost to the Town, a copy of all data collected and all analyses and
reports made by the Hydrogeologist in connection with or in implementation of the
54
Subdivision Agreement
Page 50
Monitoring Program which previously have not been provided to the Director
pursuant to this paragraph 5.20(2), together with a certificate of the Hydrogeologist,
in a form satisfactory to the Town Solicitor that all the data, analyses and reports
required to be provided to the Director by this paragraph 5.20(2), have been
provided to him. In addition to the foregoing, the Owner shall cause the
Hydrogeologist to prepare separate reports, to the satisfaction of the Director for
each and every occurrence of apparent well interference caused by construction
activity within the Lands and reported to the Town, and to deliver the same to the
Director, at no cost to the Town, forthwith after each of them is completed.
(3) If an Appropriate Authority determines that the well or private water supply of any
person(s) outside the Lands is interfered with or dewatered as a result of the
construction or installation of the Works:
(a) where the interference to a well or private water supply is of short term
duration (i.e. during the course of dewatering and excavation and within one
(1) month of the completion of dewatering), in the opinion of an Appropriate
Authority, the Owner shall make available to the affected party(s), a
temporary supply of water at no cost to the affected party(s); or
(b) where in the opinion of an Appropriate Authority the interference to a well
or private water supply is of a long term duration, at the option of the Owner
and at its cost, the Owner either (1) with the Region's approval shall connect
the affected party's property to the Region's water supply system, or (2) the
Owner shall provide a new well or private water system for such affected
party(s) so that water supplied to the affected party's property shall be of a
quality and quantity at least equal to the quality and quantity of water enjoyed
by the affected party(s) prior to the interference, as may be required by the
Appropriate Authority by written notice given to the Owner.
(4) Without derogating from the other provisions of this paragraph 5.20, if the Director
gives written notice to the Owner that he has reason to believe that the well or
private water supply of any person(s) outside the Lands is interfered with or
dewatered as a result of the construction or installation of the Works, forthwith after
such notice is given, the Owner shall cause the quantity of potable water considered
to be appropriate by the Director to be supplied to the affected person(s) free of
charge eith~r until such time as the Town Council, after considering a report thereon
from the Director or an Appropriate Authority decides that the well or private water
supply in question has not been interfered with or dewatered as a result of the
0tJ
Subdivision Agreement
Page 51
construction or installation of the Works, or until such time as the Owner performs
its obligation under paragraph 5.20(3), as the case may be.
5.21 Use of Works by Town
The Owner acknowledges and agrees that any of the Works may be used by the
Town and such other person(s) who is (are) authorized by the Town for any of the purposes
for which the Works are designed, without interference by the Owner, and without the
payment of any fee or compensation to the Owner, and for such purposes the Town and
other person(s) authorized by the Town may enter upon the portion(s) of the Lands on
which the Works are located.
5.22 Maintenance of Roads after Comoletion
(1) In addition to any other requirement of this Agreement that the Owner maintain the
Works, if any building(s) on the Lands is occupied, the Owner, at the Owner's cost,
shall maintain each road(s), which is required to be constructed and provides access
to such building(s), until a Certificate of Acceptance has been issued for such
road(s), and without limiting the generality of the foregoing, the Owner shall:
(a) maintain the road(s) at all times in a well drained, dust and mud free
condition, suitable for ordinary vehicular traffic, to the approval of the
Director;
(b) during the course of construction and installation of the Works, Utilities and
Services pursuant to this Agreement, provide and maintain safe and adequate
access to all occupied buildings; and
(c) erect a sign to the satisfaction of the Director to indicate that the road(s) are
"unassumed road(s)" which the Town is not required by law to repair and
maintain.
(2) The Town agrees to snowplough and sand all paved road(s) shown on the registered
Plan of Subdivision of the Lands, for and on behalf of the Owner until the Certificate
of Completion of the Final Works has been issued, provided that until the date of
issuance of the aforesaid Certificate of Completion, the Owner shall pay to the Town
one hundred (100%) percent of the costs of snowploughing and sanding such road( s),
as determined by the Director, from time to time, and forthwith after being given
written notice of such costs by the Director.
5~
Subdivision Agreement
Page 52
(3) The Owner acknowledges and agrees that the undertaking or provision of repairs or
maintenance by the Town under paragraphs 5.18, 5.19 or 5.22(2) in respect of
road(s), is not intended nor shall it in any way constitute or be taken to constitute
the approval or assumption by the Town of the road(s) in question. The road(s)
shall not be deemed to have been assumed until both a Certificate of Acceptance has
been issued, and a By-law has been passed by Town Council dedicating the road(s)
as public highway(s) and assuming it for the purpose of liability to repair and
maintain it as provided by the Municipal Act, and such By-law has been registered
in the Land Registry Office.
5.23 Requirements for Certificate of ComDletion
The Owner acknowledges and agrees that the construction and installation of any of
the Works authorized in an Authorization to Commence Works shall not be deemed to be
completed for the purposes of this Agreement until the Director has provided the Owner
with written certificate that such is the case (the "Certificate of Completion"). In addition
to satisfying the other requirements of this Agreement respecting its issuance, a Certificate
of Completion shall not be issued until such of the Works authorized by the Authorization
to Commence Works for which a Certificate of Completion is required, have been inspected
by the Director, and he is satisfied such Works have been constructed and installed in
accordance with the Engineering Drawings and has received all certificates and
confirmations from the Owner's Engineer as provided for in this Agreement.
5.24 Requirements for Certificate of Acceptance
The Owner acknowledges and agrees that none of the Works covered by a Certificate
of Completion shall be accepted, nor deemed to be accepted for the purpose of this
Agreement until the Director has provided the Owner with written certificate that the
Works in question have been accepted (lithe Certificate of Acceptance)". If the
requirements of this Agreement respecting the issuance of a Certificate of Acceptance of
the Initial Works, the Stormwater Management System and/or the Street Lighting System
have been satisfied, and without limiting the generality of the foregoing, if the Director is
of the opinion that the Works in question have been maintained in compl~ance with
paragraph 3.10 and all deficiencies and defects in such Works have been remedied and
corrected by the Owner on behalf of the Town, the Director shall provide the Owner with
a Certificate of Acceptance of the relevant Works. If the requirements of this Agreement
respecting the issuance of a Certificate of Acceptance of the Final Works have been
satisfied, and without limiting the generality of the foregoing, if the Director is of the
opinion that the Works in question have been maintained in accordance with paragraph 3.10
5/
.
Subdivision Agreement
Page 53
and all deficiencies and defects in such Works have been remedied and corrected by the
Owner, and the Director reports his opinion that such Works should be accepted by the
Town for the Town Council, Council may approve the report of the Director. Following
Council's approval of this report as aforesaid the Director may provide the Owner with a
Certificate of Acceptance of the Final Works.
5.25 Ownership of Works by Town
For greater certainty, the Owner acknowledges and agrees that the Town is the
Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall have
no right or claim thereto, other than as an owner of land abutting a highway in which such
Works are installed.
5.26 Requirements for Certificate of Release
Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this
paragraph 5.26, and the Works located thereon have been constructed, installed and
accepted by the issuance of a Certificate of Acceptance, the Town shall provide the Owner
with a written release (the "Certificate of Release") respecting the Lands, for which a Plan
of Subdivision has been registered. The Certificate of Release shall be in a form suitable
for registration or deposit in the proper Land Registry Office. In addition to the Owner
satisfying the other requirements of this Agreement respecting the issuance of a Certificate
of Release, the Certificate of Release shall not be issued until:
(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 iJon bars shown on the registered final Plan of
Subdivision of the Lands and has found, placed or replaced all survey
monuments at all block corners, the end of all curves, other than corner
roundings, and all points of change in direction or road(s) on such Plan; and
(c) Town Council has by resolution, acknowledged that the Owner has satisfied
all of the provisions of this Agreement.
;;r
Subdivision Agreement
Page 54
From the date of its issuance, a Certificate of Release shall operate as a discharge of the
Owner in respect of the Lands or the portion thereof which are described therein of the
obligations of the Owner under this Agreement with the exception of (1) the Owner's
obligation respecting drainage as provided in this Agreement; and (2) the Owner's covenant
to comply with the requirements of this Agreement in respect of applications for building
permits for dwellings on the Lands.
5.27 Not Used
5.28 Cost of Works Referred to in Schedule "G"
The Owner acknowledges and agrees that it will pay the total cost of the Works
referred to in Schedule "G" hereto. The Owner will not seek any credit or rebate for or of
any part of the total cost of the Works by reason of any of them being oversized to
accommodate drainage or traffic from lands outside the limits of the Lands, whether from
or in respect of a development charge imposed by the Development Charge By-law, or in
any other manner, or for any other reason.
ARTICLE 6 - COMPLIANCE WITH REGULATIONS
In exercising its rights and in performing its covenants under this Agreement, the
Owner shall comply with all regulations and laws of general application and all by-laws of
the Town and the Region. Without limiting the generality of the foregoing, at all times the
Owner shall comply and cause all contractors, sub-contractors and suppliers of materials and
services in connection with the construction, installation and maintenance of the Works to
comply with the provisions of the Occupational Health and Safety Act, and the Workers'
Compensation Act.
ARTICLE 7 - RESPONSIBILITY OF SUBSEOUENT OWNERS
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 adequate drainage of surface waters from such
lot(s) or block(s) in accordance with the approved Grading and Drainage Plan
referred to in paragraph 5.6 herein of this Agreement;
Subdivision Agreement
51
Page 55
(b) compliance with the provisions of paragraph 4.6 "Requirements for Building Permits"
of this Agreement if, at the date of issuance of the Certificate of Release, a building
permit has not been issued for the lot(s) or block(s) in question; and
(c) the maintenance of fencing required by Schedule "G" and paragraph 4.2.
ARTICLE 8 - TIME OF ESSENCE
Time is of the essence of this Agreement.
ARTICLE 9 - AUTHORITY TO MAKE. AGREEMENT
The Owner acknowledges and agrees that the Town has authority to enter into this
Agreement, that every provision hereof is authorized by the law and is fully enforceable by
the Parties, and that this Agreement is made by the Town in reliance on the
acknowledgement and agreement of the Owner as aforesaid.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and
seals the day and year first above written and the Parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND
DELIVERED
In the presence of:
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
812716 ONTAR OLIMI'tED
Name:
Title:
Subdivision Agreement
l-h:.- CANAD
~OMMERC
)
)
) Name:
)
)
) Name:
)
VO
Page 56
BANK OF
J. HARTILl
ASS'T. SECRETARY
Title:
R.D. BRIOGE
VICE PRESIDENT
Title:
~~
~~
....
{if
SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
LEGAL DESCRIPTION OF LANDS
All and singular that certain parcel of land and premises, situated, lying and being
in the Municipality of Clarington, and the Regional Municipality of Durham and being
composed of Part of Lot 31 in Concession 2 of the Geographic Township of Darlington,
showed as Parts 1 and 2 on plan of survey of record deposited in the Land Registry Office
for the Land Titles Division of Durham (No. 40) (the "Land Registry Office") as Plan 10R-
3964.
(;~
SCHEDULE "B"
THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
PLAN OF SUBDIVISION
(Insert reduction of Plan 18T-89072)
I'
I
I
1&-
/
/
,
!
!'
LOT JI CONCESSION J
I
I
I
I
L
l r
I
I al
I <:( I
101
0::'
I I
LOT Jl I (I) I
CONCESSION 2 I jl
I ::, I
I ~I
I I
I
NASH
F~OAD
!Jj
~!Jj
G..::,
()~
I -J I~
10i~
10J.--
.....-
~"N~
r
---".-
c..1tI<
IICSIObIn....
PROPOSED
DRAFT PL
OF SUBOI\l1S1ON AN
OF PART OF LOT
CONCESSION 2 J1 .
TOWN OF NE
ilfG10HAl 1IUN1 WCASTLE
OP"'-lTY ~
DURHAIl
REI.f:VIoHT INfOR
101"'1100
\.0" DOfSTr
SINQ.C '.-.wc. T DM1JJNCS
IS.O ... 1WOoII'.&<<, .. 1.011 I - .
II I,NI'I)
1O~ u.."'/ ""... :
'f/oiI4. M:SIDOf~ '"' u ~"I ..
NlUft[ C('IG.CPWDCf
..n....
i!'~... . &OCId....
u-ruc-..:c-;;o 7;~
1;1)
"0..0'
I I..
.... .
. ....,...
TO'.\. AlIt(A. OT Suew&SS<<:IN
0.'.'-.
AeVISfOllJ
I
,
i
I
I
i
I
i
SECllON )0(2\ CI' lHE
:-o.:...~ ..... "4 P'l.AHHIH<: ACT
r... _ . --=-::.;~ ~~,~ 4J :::.....~ .....
...- d_...... ~r
LJ ....-tlMQ,..-
O~(J'" CVl11flCATr
:",:: ;:"...--::-0 fI/ ItC
...-......- ----
::~.......: =:::
!lIll>E1OI'> CD!
111I..... CPWlI' _,... 1IflCA l[
.........~ __I
~-=.:"~' :.::
...._ _n.,..._
Subject to the condit'
ou~ letts. dated Q~,ns set forth in
lhl" . d:2ft plan' . ..../d.. 19 Cia
SSCHC~; sr! ,;t /S appr:;~'e(l ~~d'"
1r33." . ._". he PlAIJ'I!NG " "Ter
_0 .. ,. r 11":1. /.' 1 ~v
o~\ ~lo.C;&'j;~;;/~ . d..!.!'::.,:
._ A/ ". ,,,..t... ;99..Q"
CMr.;~~i'w" . .
Cammfssfone I .
Regional M' r 0 Planning
umcl~=lily of 0
urham
~
(f4-
Schedule "B"
-2-
(Insert reduction of the 40M Plan)
INST.
N'
N ASH
ROAD
ALLOWANCE
BETWEEN
PLAN
F'Il...E N.: liT. 1'072
ROAO
CONCESSION
AND
-T
i
I
i
...
'"
C
..
: ~
~
I
G~
/
153399
,- B..OCK 14
I I:,::,=~I
: '~-I,...-.-::~~-~ !
. ;!"~ ~
PART 3 i PART 4 i~ ;;
. I I ~ ~
~
I
J
... If' eo" I
n*
N
N
::
-
-
PART
N'
150199 'V
2
'"
2
;
~
LOT
.'"~'''
lOR
3284
~
~....-~)
____/ _.;t~1
CONCESS 10 N
m
>
;U
;U
z
(;)
d
z
:, "-
8
,.
31
~
"'t4Ct
~
'"
~ i
3964
~
; z
~
..
...
'"
:
2
CURVE D"l"
,., ~- -, .~ . ~ "MoO
N' . OOOD . ""
UOOO 11 ;: 11 ,- !lI.n' 1114"" .
230.000 ~"'C 14_101 1'-'" 1141.. .. PAR T
U_OOO .." ,.... !lI.OIl .l1l"l6 .
~.~ 1120>> '.eel ',041 1110 oM!lo4. PLAN .oR 13883
"'.~ "3ISI '.051 ',"" ,.,5,.".
I'_UO 2161'_ '.'!IlI '.ra 110" Jr.
I'.no ""!lII Il._ It.Z9 110,.,..[
1'.250 " ..07 10,'" ".," II". 01. 106991
I'.UO ~:~ ,.,.. ,.,... II")O~[
30_000 "''' ::::~ :: ~~:~
,~ "'.... ''''
. II,Z50 M. . ... .. '" "M,.,24[
. 11.250 n '''' II_toll ..... ">><1011 .
..... . ".. .... ..~ 1151020$[
" . ... H ". .... .. .. 1111 ara.
L~. .. Z50 51Z2'" n._ H'" "'l'l 40 115 .
L~. . "" )1 'nIl' Ill_"' .... :: ~::
kOCKll . ,.. . ". 10>>1 ...
L~' 17,~ M ... . ... .... "'3434112 [
::'1
PLAN
40M -
I CERTll'y THAT THIS Pl..... 4OM_ ___ IS ~O
.. THE LAND MGGTR'Y OFFtC( FOR TN( LAND nTLfS
OMStON OF DURHAM 1N"401 AT ___-O.CLOCk ON
THE:____OAY Of' --_____1991 AND DfT[ftEO
IN THE REGeSTER FOR PIUICO.______SECTOt___
AND REQl.MRED CONSENTS AHO AF'F'lOAYITS AIt(
REGISTERED AS PLAN DOCUMENT N"_____.
. - L~ -l.i"aSiiiit
,... "LU COUl'fflSl!:. AU 0,. Mllen JI.7. $l[CTIIOllt CQII,llllML"nlNI
FLAN OF SUBDIVISION OF
PART OF LOT 31
CONCESSION 2
l3EOGRAPHIc It'NNSHP OF MRUNG10N
COONTY OF ONTARIO I
NOW IN THE TOWN OF NE'ACASTLE
REGIONAL MJNIClPALITY OF WRHAM
!
I
~
SCALE I: 250
.. I...
J. 0_ BARNES LIMITED - 1993.
~
........MtIlEC* MEM'fIIClflllCMClME: IttRMCllOM
::=::-'~O:AII".".~I:-';O- till ""...IlllII.....
IWNn ~n..u..KO All[ _ ..... ,....us IllOfUI On&lwlSf:
. ........
o "....
. ......
.. ........
. ......
:. ~
..-a- ........, RlUIlIIl
~'IIClIUIIb7"'-/l111fU1
... ...
:::-' ""* 11M
.......101I.....
SMJIlIS__.......
METRIC =~n..~'::11;::.:.,.."::'~.
OWNER'S CERTIFICATE - PLAN OF SUIlOMSION
r.... .lOalJT.-, 'till:
1- I.D1'S lTO '.IIOTM IJCl.A,lItWI:I.1i..DCICS !I.IO.I'AIIOrz.1N[ IMU1
fMI<<L' ......lOII II\.ACf . AM) not 0_" -'tMS
~L' ILOOS l5......-"OllM&VE ItOl LAClOIf. CICOl'IWCt
_ 0UJt NSlllUCflOlIS
lnt;llTIIEUlSOVI[/n'lKOiCA'WlOnt:~"n:lIIf#TME
T(MW 01' M[~ U ~tC NGH_
DUfO 'IOIll_f___cw 0'_~___1!IQ
VAN ANDEL HOlDINGS LIMITED
~-----
'l...w[not.wflOlllT'ftolll'lOnt[(DI'~"1Il*__
APPROVED uMS., S<<Iiaft 5. of"" PIDnnillo Act, ItS.o.
1990, c_P. .3. tllis_____cIoy 01'_________. '993.
C:oRiM.;i_-~~ ---------
IAtlllulrif, ...... fir Ir~". 115 - 83.. __dJ
.. WITNESS VWH(REOf ,. C.'poi'Otloll ~ .. ".,'oAOl
~ ~ Durllalll 1wI1 .....t. off... Ih ~
"..., ,'UIIUM."", _____ ft, of _____11".
- "-9io..cil- f"liii'---- ---
--~,;;.-tl;;.------
SURVEYOR'S CERTIFICATE
I aIlT., n'''T
I. f_ -.r,... "-.... AlII COlIIlIC1' ...ACtOJIIliIIICI... T. 1UIlW.,.
ACT .. tIC LMO tHUS Kf" nc _"'AT_ _ fMUllIlIOIfl.
',T"~''''''~ntDOlIr..).. _..-..... .....
M"Jv!#-fl~-
_kJ_~__
..,..:,;. s,,,_ ...:.._
[g]
~D~ES
SURVEYING MAI'PINC
LAND JNfOIMATION SHYJCU
"""''''......
lOa scalia COUltT UlIIll_2<I
_l". OtOTMIO "IN.n
...."25.1Z1Z
~
....-.. M..
-
N. 21. z..,. os
ftf(J
SCHEDULE "C"
THIS SCHEDULE IS SCHEDULE tIC" to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
CHARGES AGAINST LANDS
(1) Municipal Taxes
(2) Local Improvement Charges
(3) Drainage Charges
(paid prior to execution)
(paid prior to execution)
(paid prior to execution)
&1
SCHEDULE "D"
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
SCHEDULE OF PAYMENTS OF DEVELOPMENT CHARGES
Subject to paragraph 3.4(1) of this Agreement the Owner shall make the
following payments on account of Development Charges to the Town in respect of the
development of the Lands consisting of 8 single family dwellings; 0 semi-detached dwellings;
o townhouse dwellings (collectively referred to as the "Total Dwellings") on the occasions
set out below. Subject to the adjustments referred to in paragraph 3.4 (1) of this Agreement
the aggregate amount so payable is thirty-nine thousand, five hundred and twenty dollars
($39,520.00) payable as follows:
(a) Twenty-five (25%) percent of the aforesaid aggregate amount being nine
thousand eight hundred and eighty dollars ($9,880.00) on the filing of an
application for a building permit for the first (1st) dwelling proposed to be
constructed on the Lands (the "First Application"), provided that if the
number of building permits for which applications are made in the first (1st)
year following the making of the First Application exceeds twenty-five (25%)
percent of the Total Dwellings, the Owner shall pay with each application for
a building permit for each additional dwelling a further amount equal to the
amount of the Development Charge imposed by the Development Charge By-
law for the additional dwelling or dwellings in question (the "First Excess
Payment").
(b) Twenty-five (25%) percent of the aforesaid aggregate amount being nine
thousand eight hundred and eighty dollars ($9,880.00) less an amount equal
to the First Excess Payment, if any, on the first (1st) anniversary of the First
Application, provided that if the number of building permits for which
applications are made in the first (1st) year following the making of the First
Application exceeds fifty (50%) percent of the Total Dwellings, the Owner
shall pay with each application for a building permit for each additional
dwelling a further amount equal to the amount of the Development Charge
imposed by the Development Charge By-law for the additional dwelling or
dwellings in question (the "Second Excess Payment").
{PJ
Schedule "D" -5-
(c) Twenty-five (25%) percent of the aforesaid aggregate amount being nine
thousand eight hundred and eighty dollars ($9,880.00) 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 (2nd 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 nine
thousand eight hundred and eighty dollars ($9,880.00) less an amount equal
to the aggregate of the First Excess Payment, the Second Excess Payment, and
the Third Excess Payment, if any, on the third (3rd) anniversary of the First
Application.
&1
SCHEDULE "E"
THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been
authorized and approved by-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
(1) On the execution of this Agreeme~t, the Owner shall deliver to the Town transfers
of the following easements: No easements required.
(2) Easements for the rear yard catchbasins and storm sewers shall be perpetual in
duration.
(3) Without derogating from the other provisions of this Agreement, the Owner shall
transfer or cause to be transferred to the Town easements to accommodate any work
provided for in the approved Engineering Drawings or the Reapproved Engineering
Drawings in lands located beyond the limits of the Lands as may be required by and
to the satisfaction of the Director by notice given in writing to the Owner. The
Director shall determine the duration and terms of any such easements. The
transfers shall be prepared by the Owner at its cost, shall 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
which are external to the said Lands at no expense to the Town. The easements
shall be transferred to the Town forthwith after the Director gives the Owner written
notice of his requirements and the reasons therefore. Paragraphs 2.4 and 2.5 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.
1)0
SCHEDULE "F"
THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
LANDS TO BE TRANSFERRED TO TOWN AND/OR CASH TO BE PAID
IN LIEU THEREOF
(1) Dedication of Lands
The Owner shall deliver to the Town in a form satisfactory to the Town,
transfers in fee simple absolute the following land shown on the 40M Plan:
(a)
(b)
Blocks
Block 11
13, 14,15,16 - 0.3 metre reserves
- water quality and overland flow route
(2) Cash in Lieu of Lands for Park or Other Public Recreational Purposes
On the execution of this Agreement, the Owner shall pay to the Town, as cash in lieu
of the dedication by the Owner to the Town of lands for park or other public recreational
purposes, the amount of five (5%) percent of the market value of the Lands which the
Owner and the Town hereby acknowledge and agree to be properly calculated at the rate
of (5%) percent applied against the sum of two hundred and twelve thousand dollars
($212,000.00).
11
SCHEDULE "G"
THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
WORKS REQUIRED
The Owner shall construct, install, supervise and maintain the following Works,
including all connections, alternations, adjustments and transitions required to suit existing
systems or lands in accordance with the Town's Design Criteria and Standard Drawings, and
the Engineering Drawings, all to the approval of the Director:
(l)(a) A storm sewer system for the removal of upstream storm water and storm water
originating within the said Lands, including storm sewer mains and connections,
manholes, service connections, catchbasins and rear yard catchbasins and leads, open
channels, storm outfalls and structures and any other appurtenances and oversizing
as may be required (the "Storm Sewer System").
(b) A stormwater management system consistent with the "Master Drainage Plan",
complete with overland flow routes, 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 of turning circles, and the Works required within
the road, including suitable subgrade, subbase and base granular materials, sub drains,
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 illumination of roads and walkways to serve
the said Lands including all connections, energy and maintenance costs, appurtenant
apparatus and equipment, in the locations as approved by the Director (the "Street
Lighting System").
1rr
Schedule "G"
-2-
(e) Related Works including grading, landscaping, fencing and other miscellaneous
Works shown on the Engineering Drawings and Grading and Drainage Plan (the
"Related Works")
..
PHASING:OF THE WORKS
The Works shall be divided into the following stages, unless approved by the Director:
(2) INITIAL WORKS
Storm Sewer System including all appurtenances;
initial roadworks including subgrade, subbase and base granular materials, subdrains,
base curbs, base asphalt, traffic control and street name signs of the Road System;
and
grading (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, fenci~g and any remaining works not outlined in paragraphs (2),
(3) and (4) of Schedule "G".
1)
SCHEDULE "H"
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
UTILITIES AND SERVICES REOUIRED
1. ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for the
design, provision and installation of an electrical supply system to serve the Lands, in the
locations as approved by the Director. All electrical services are to be installed
underground.
The Owner shall also make any necessary arrangements with any T.V. Cable
Company in order that the installation of any such system shall take place so far as
possible contemporaneously with the installation of other services so as to cause
minimum disruption of municipal services.
2. TELEPHONE SYSTEM
The Owner shall arrange with Community Telephone Limited and/or Bell Canada
for the design, provisio:l 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. GAS SUPPLY SYSTEM
The Owner shall arrange with an appropriate gas company for the design, provision
and installation of a complete gas supply system to serve the said Lands, including gas
mains, and all appurtenant manholes, laterals, service connections, apparatus and
equipment in the locations as approved by the Director.
4. 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
1!r
Schedule "H"
-2-
and installation of a complete cable television distribution system to serve the said
Lands. All cable television services are to be installed underground.
5. MAIL DISTRIBUTION SYSTEM
The Owner shall arrange with Canada Post for the provision and installation of a
mail distribution system to service the said Lands, in the location as approved by the
Director.
,S
SCHEDULE "I"
THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
DUTIES OF OWNER'S ENGINEER
1. DESIGN WORKS AND PRIVATE WORKS
In addition to the other requirements of this Agreement, the Owner's Engineer shall
prepare all drawings, plans, studies, reports, estimates, calculations and documentation
for the consideration and approval of the Director, which include:
(a) the Engineering Drawings and other related Drawings;
(b) the Grading Plans, Drainage Plans, 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 Performance Guarantee
and Security for the Maintenance Guarantee reduction submissions.
The approval of the Director shall not absolve or release the Owner or the Owner's
Engineer of the responsibility and liability for any errors or omissions in the above
drawings, plans, reports, stages or documentation or from liability for any damage or loss
caused or resulting directly or indirectly by the Owner's Engineer.
1"
Schedule "I"
-2-
2. REPRESENT OWNER AND OBTAIN TOWN APPROVALS
The Owner's Engineer is hereby authorized by the Owner to act as the Owner's
representative in all matters pertaining to the design, construction and installation of the
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", "J" 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.
Without limiting the generality of the foregoing, the Owner's Engineer shall be
responsible for the following:
(a) To carry out or arrange for the carrying out by qualified personnel of field
layout including the provision of line and grade to the contractors and, where
required, res taking.
(b) To thoroughly inspect the construction, installation, and supply of materials
to ensure that all work is being performed in accordance with the Engineering
Drawings, the Town's Design Criteria and Standard Drawings and all
applicable law. The Owner's Engineer shall have the authority and
responsibility to immediately stop and/or reject any work, procedure, or
material which in his opinion does not comply with the Engineering Drawings,
the Design Criteria and Standard Drawings, and/or the applicable law.
( c) To carry out or arrange the carrying out by qualified personnel of 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 ilL" of this Agreement.
11
Schedule "I" -3-
(d) To provide co-ordination and scheduling of the construction and installation
of the Works in accordance with the timing provisions ,contained in this
Agreement and the requirements of the Director.
(e) To 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.
(f) To 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 of the Works
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
construction 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
Schedule "I"
-4-
provided that the as-constructed drawings shall be prepared to the satisfaction of the
Director.
lj
11
SCHEDULE "]"
THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been
authorized and approved By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
WORKS COST ESTIMATES
1. INITIAL WORKS
a.
b.
c.
Storm Sewer System
Initial Roadworks
Grading and Siltation Control
$ 23,733.10
26,925.50
$7,900.00
2.
STORMWATER MANAGEMENT SYSTEM
$ 22,535.00
3.
STREET LIGHTING SYSTEM
$ 3,000.00
4. FINAL WORKS
a. Final Roadworks $ 16,559.30
b. Boulevard and Driveway Works 4,260.00
c. Street Trees 320.00
d. Fencing Works 2.760.00
Sub-total $ 108,032.90
5% Contingency Allowance 5.401.65
Sub-total $ 113,434.55
10% Engineering Allowance 11.343.46
Sub-totaJ $ 124,778.01
G.S.T. Allowance 8.734.46
Total Estimated Value of the Works: $ 133,512.47
Total Amount of Performance Guarantee: $ 133.512.47
SUBSEOUENT STAGES
The Performance Guarantee for the Works shall be based on the preliminary
Works Cost Estimates which have been submitted to the Director by the Owner's Engineer
and approved by the Director. When the Engineering Drawings and the Landscaping Plan
~
Schedule "J"
-2-
have been approved by the appropriate Director as is required by this Agreement, a revised
Works Cost Estimates for the construction and installation of Works shall be prepared by
the Owner's Engineer and submitted to the Director for approval. The revised Works Cost
Estimates shall be used as a basis to adjust the Performance Guarantee, in the event of an
increase or decrease in the Works Cost Estimates.
~I
SCHEDULE "K"
THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been
authorized and approved by-law No. 93-77 of the Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
INSURANCE REOUIRED
1. lYPES OF COVERAGE REOUIRED
The Owner shall obtain and maintain insurance of the character commonly
referred to as public liability and property damage with an insurance company
approved by the Town's Treasurer and licensed in Ontario to underwrite such
insurance and containing terms and conditions which 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 results from the storage, use or handling
of explosives;
(e) any loss or damage that shall or may result from the drainage of surface
waters on or from the said Lands;
(f) any loss or damage that shall or may result from the disposal of effluent from
any sewage disposal works; and
(g) any loss or damage that shall or may happen to any public road or to any
other property of the Town or to the property of any other person either
directly or indirectly by reason of the Owner undertaking the development of
the said Lands together with any or all of the Works, Utilities and Services
pertaining thereto.
~
Schedule ilK"
-2-
2. AMOUNTS OF COVERAGE REQUIRED
Policy or policies of insurance shall be issued jointly in the names of the
Owner and the Town and shall provide the following minimum coverages for five
million ($5,000,000.00) dollars fo~ 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 in cases in which the Owner is
required to obtain the Director's permission to carry out a blasting operation
under Schedule "L" of this Agreement.
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.
?J?
SCHEDULE "L"
THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
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 Town's Design
Criteria, Standard Drawings and Specifications or any revisions thereof and all
applicable legislation, in addition to any requirements set out in this Agreement.
2. SAFElY
The Owner shall ensure that all construction pursuant to and associated with
this Agreement is carried out in conformance with the Occupational 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. REOUIREMENTS FOR BLASTING
Prior to commencing any blasting, the Owner shall obtain from the Director,
permission to carry 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.
~
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. OUALITATIVE AND OUANTITATIVE 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, and either with the Town's Design Criteria and
Standard Drawings, or in cases where criteria have not been specified by the
Town, with 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
tfi
Schedule "L"
-3-
and the results of such tests or monitoring, that he is satisfied with 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 shall not commence placement of base asphalt paving later than
December 1st and shaJl not 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
during any construction on the said Lands, all public highways abutting the said
?b
Schedule "L"
-4-
Lands and all public highways used for access to the said Lands, shall be maintained
in a condition at least equal to their condition on the date as of which this is
Agreement is made, and in all cases to the satisfaction of the Director. At all times,
the Owner shall maintain all such highways free of dust and mud which originate
from the Lands. If, in the opinion~of the Director, a highway has been damaged as
a result of the construction, installation or maintenance of the Works, or the
development of any portion of the Lands as a result of any action or default by any
person other than the Town, its agents, employees or contractors, forthwith after the
Director gives the Owner written notice of his opinion, the Owner, at the Owner's
expense, shall repair such road to the condition which is at least equal to its
condition immediately prior to the date of such damage, to the satisfaction of the
Director. No highway outside the limits of the said Lands shall be closed without the
prior written approval of the authority having jurisdiction over such highway. The
Owner agrees not to use or occupy any untravelled portion of any road allowance
without the prior written approval of the authority having jurisdiction over such 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 shaH 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
shaH 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
Mter the commencement of construction the Owner shaH institute upon the
Lands a program of weed and rat control to the satisfaction of the Director.
~
. '
SCHEDULE "M"
TH,IS SCHEDULE IS SCHEDULE "M" to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
USE OF'THE LANDS
The Owner agrees that the said Lands shall not be used for the purpose other
than as set out in the following table:
LOT OR BLOCK NUMBER
ON 40M PLAN
PERMITTED LAND USE
Lots 1 to 8 inclusive
Residential - Single family dwelling
units.
Blocks
13,14,15,16
0.3m Reserves
Block 11
Water quality facility and overland
flow swale
<68
SCHEDULE "N"
THIS SCHEDULE IS SCHEDULE "Nil to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
LANDS UNSUITA13LE FOR BUILDING
The Owner agrees that no application will be made for a building permit for
the erection of any structure on the Lands listed in the following table, until the conditions
listed in the following table have been satisfied to the approval of the Director of Public
Works and/or any other Authorities having jurisdiction.
LOT OR BLOCK NUMBER
ON 40M PLAN
LAND USE
Blocks 9 and 10 and 12
Residential
to be
developed in conjunction
with abutting lands. These
Blocks are to be maintained
by the Owner until
development has been
approved by the Town
pursuant to Section 42 of
the Planning Act.
~
SCHEDULE "0"
THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
LAND REQUIRING SITE PLAN APPROVAL
The Owner shall not make or permit or offer any person(s) to make an
application for a building permit for the erection of any building or structure on any of the
lands listed in the following table until a Site Plan Agreement has been entered into with
the Town and the building permit complies in all respects with the terms of the Site Plan
Agreement.
LOT OR BLOCK NUMBER
ON 40M PLAN
-NIL-
SCHEDULE "P"
THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
~
1t
SCHEDULE "Q"
THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
CONSERVATION AUTHORITY'S WORKS
1. That prior to the commencement of site preparation, including the rough grading of
roads and any removal of vegetation, the Owner shall obtain Central Lake Ontario
Conservation Authority approval of sediment control, grading and tree preservation
plans.
2. The Owner shall carry-out, or cause to be carried-out, to the satisfaction of the
Central Lake Ontario Conservation Authority, the implementation of the plans
approved pursuant to Condition 1.
3. That the Owner shall carry-out or cause to be carried-out to the satisfaction of the
Central Lake Ontario Conservation Authority, filing, grading and construction on
Lots 2 to 6 inclusive and Block 9 in accordance approved site plans for the same
approved pursuant to Section 41 of the Planning Act.
1JJ
SCHEDULE "R"
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
ENGINEERING AND INSPECTION FEES
Estimated Cost of Works
Fees
Up to $100,000.00
4% to a maximum of $4,000.00
$100,000.00 to $500,000.00
$4,000.00 or 3.5% of the estimated cost of services -
whichever is greater
$500,000.00 to $1,000,000.00
$17,500.00 or 3% of the estimated cost of services -
whichever is greater
$1,000,000.00 to $2,000,000.00
$30,000.00 or 2.50% of the estimated cost of services -
whichever is greater
$2,000,000.00 to $3,000,000.00
$50,000.00 or 2.25% of the estimated cost of services -
whichever is greater
$3,000,000.00 to $4,000,000.00
$67,500.00 or 2% of the estimated cost of services -
whichever is greater
For the purposes of calculating the Engineering and Inspection Fees as
contemplated by this Schedule, the estimated costs of Works shall include the Cost
Estimates as specified in Schedule "J" hereto, and shall also include the estimated cost of
Region services. The payment of the Engineering and Inspection fees to the Town are
subject to the Goods and Services Tax, and therefore an additional seven (7%) percent must
be added to the fees calculated using this Schedule and paid by the Owner to the Town.
The 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.
qir
SCHEDULE "sIt
THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
REGION'S CONDITI9NS OF APPROVAL DATED
1. That this approval applies to draft Plan of Subdivision 18T-89072, prepared by G.M.
Sernas & Associates Ltd., identified as job number 88228, dated May 1990, which
illustrates 8 lots for single family dwellings, 2 blocks to develop. adjacent lands, and
reserve blocks.
2. That the road allowances included in this draft Plan shall be dedicated as public
highways.
3. That the road allowances included in this draft Plan shall be named to the
satisfaction of the Regional Municipality of Durham and the Municipality of
Clarington.
4. That 0.3 metre reserves, shown as Blocks 12 and 13 on the draft Plan, shall be
conveyed to the Municipality of Clarington.
5. That the Owner shall convey land to the Municipality of Clarington for park or other
public recreational purposes in accordance with The Planning Act, as amended.
Alternatively, the municipality may accept cash-in-lieu of such conveyance.
6. That such easements as may be required for utilities, drainage and servicing purposes
shall be granted to the appropriate authorities.
7. That the land uses shown on the approved draft Plan shall be placed in appropriate
zoning categories in a Zoning By-law passed by the Council of the Municipality of
Clarington in accordance with The Planning Act 1983, as amended.
8. That prior to anyon-site grading or construction, the Owner shall submit, for review
and approval of the Ministry of Natural Resources, reports describing:
a. the intended means of conveying stormwater flow from the site, including use
of stormwater management techniques which are appropriate and in
accordance with the provincial "Urban Drainage and Design Guidelines",
April, 1987;
b. the anticipated impact of the development of water quality, as it relates to fish
and wildlife habitat once adequate protective measures have been taken;
c. the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction. These means should be
in accordance with the provincial "Guidelines on Erosion and Sediment
control for Urban Construction";
d. site soil condition, including grain size distribution profiles; and
e. site grading plans.
9. That the Owner shall submit plans regarding alterations to watercourses to the
Ministry of Natural Resources for review and approval.
~
Schedule "SIt
-2-
10. That the Owner submit a Landscaping Plan prepared by a qualified landscape
architect to the Municipality of Clarington for approval.
11. That the Owner submit a Master Drainage and Lot Grading Plan prepared by a
professional engineer to the Municipality of Clarington for approval.
12. That the Owner shall submit a Tree Preservation Plan prepared by a qualified
consultant to the Municipality of Clariilgton for approval.
13. That prior to the commencement of site preparation, including the rough grading of
roads and any removal of vegetation, the Owner shall obtain Cental Lake Ontario
Conservation Authority approval of sediment control, grading and tree preservation
plans. '
14. That the Owner shall provide for the extension of such sanitary sewer and water
supply facilities which are external to, as well as within, the limits of this plan that
are required to service this. plan. In addition, the Owner shall provide for the
extension of sanitary sewer and water supply facilities within the limits of the plan
which are required to service other developments external to this subdivision. Such
sanitary sewer and water supply facilities are to be designed and constructed
according to the standards and requirements of the Regional Municipality of
Durham. All arrangements, financial and otherwise, for said extensions are to be
made to the satisfaction of the Regional Municipality of Durham, and are to be
completed prior to final approval of this plan.
15. 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.
16. That prior to final approval of this plan, the Owner shall satisfy all requirements,
financial and otherwise, of the Municipality of Clarington. This shall include, among
other matters, that execution of a subdivision agreement between the Owner and the
Municipality of Clarington concerning the provision and installation of roads,
services, drainage and other local service.
17. That prior to the 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
and the Region concerning the provision and installation of sanitary sewers, water
supply, roads and other regional services.
18. That the subdivision agreement between the Owner and the Municipality of
Clarington shall contain, among other matters, the following provisions:
a. The Owner shall carry-out, or cause to be carried-out, to the satisfaction of
the Central Lake Ontario Conservation Authority, the recommendations
referred to in the report required in Condition 13.
b. That the Owner agrees to carry-out or cause to be carried-out to the
satisfaction of the Central Lake Ontario Conservation Authority, filling,
grading and construction on Lots 2 to 6 inclusive and Block 9 in accordance
with approved site plans.
c. The Owner agrees to notify staff of the Ministry of Natural Resources at least
48 hours prior to the initiation of any grading or construction, that work is
about to begin, prior to any grading on the site.
1$
Schedule "8" -3-
d. The Owner shall, prior to the initiation of any filling or grading or
construction, erect a snow fence with geotextile fabric along the rear of Lots
3 to 6 and Block 9. No disposal of fill or disturbance of vegetation shall occur
beyond this point during the entire construction phase.
e. That the Owner agrees to carry out or cause to be carried-out to the
satisfaction of the Ministry of Natural Resources, the recommendation
referred to in the report, required in Conditions 8 and 9.
f. The Owner agrees to maintain all stormwater management, erosion and
sedimentation control structures operating and in good repair during the
construction period, in a manner satisfactory to the Ministry of Natural
Resources.
19. 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. Municipality of Clarington, how Conditions 1, 2, 3, 4, 5, 6, 7, 10, 11, 12 and
16 have been satisfied;
b. Central Lake Ontario Conservation Authority, how Conditions 13, 18a) and
18b) have been satisfied; and
c. Ministry of Natural Resources, how Conditions 8, 9, 18c), 18d), 18e) and 18f)
have been satisfied.
SCHEDULE "T'
THIS SCHEDULE IS SCHEDULE "T" to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
TREE PRESERVATION PLAN
(Not Used)
q6
SCHEDULE "U"
THIS SCHEDULE IS SCHEDULE "U" to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
LANDSCAPING PLAN
(See Attached)
l'
GJ
~
NASH
ROAD
,
-----r--
\
,
\ -
'r------
i
I
I - /
i ~/
(- \
I 0
I
.
,---.,
I
I
~ nEE RCTI~
N.T...
SUGAR MAPLES
(60aun CAll
1200 (4'-0"' HIGH
CHAIN LINK FENCE
.'
.. ...........----.....--......-.....-....--....
/</ ,,:':" .............
.::::}ifj::>..... ...:::
.... ........~.........--..-...._-....
..-
1800 16'-0"' HIGH
CHAIN LINK FENCE
................
".
-'.
........
........
".
'"
........
.................-...
............................'
-'.
'.
".
OVERLAND FLOW CHANNEL
-'.
'.
-'.
..--.............--......
......-......
.............
..-
.'
--.. ..........
----""'-"'''''''-
.. AClUtL. ....M1'lN8 LDCATfQIIe NY VAM IllW TO
DAIWlUYS MGlCIR utD.ln UlCATlONl.
I. 'fIIIIU ". TO .
JJ I."'''' THr
.:n I:: ~=: L
'.l ....,... a .....T
.il ::::::a:,,: 1Jf'I:":~I:: YlILD It_
1. ::A~~~~~= ~GDMI ME YO
.. COHTMCTOIl 10 .'M! GUT .....-oJ TMI LDCAtI_
AIC) CONUCT TO. "NECAln.L .....tc ......
DEPAln....'. I DATI "'Ie. TO ....un... IN ClN)pII
TKlT It<< JOlIN CMI MYlh DC L.CICAU_.
&alEAAL NOns:
"-
-
......... - ........
,..(~ ~-
..... ., ..IIC&IIU
M,., ~ ~ ,.,p,
;.iZ
t_ . ICICAa1I.I
M,., ./_ rl' _~
....ii. .. ... . .......
... .... ........... ...... ..
..."" . .. . .... -
.-.a..... ........... IIIICJIII1Irm
. . _ .. ....1C.6.....
--
...........t--=r~
ll-
,~
~"oo.IINaAIKIaGDD1l
"""*"'" ...,.,.,...
=~~SIDENTJAL
NASH ROAll. COURTJCE
r'- .-..........
-.-
......
.-...
_.. .... .......T au
... . 92-021
...,a.
'.1,1. --'_1
u..
t(l
.
SCHEDULE "V"
THIS SCHEDULE IS SCHEDULE "V" to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
REOUIREMENTS OF OTHER AGENCIES
A. MINISTRY OF NATURAL RESOURCES
1. That prior to anyon-site grading or construction, the Owner shall submit, for
review and approval of the Ministry of Natural Resources, reports describing:
(a) the intended means of conveying stormwater flow from the site,
including use of stormwater management techniques which are
appropriate and in accordance with the provincial "Urban Drainage
and Design Guidelines", April, 1987;
(b) the anticipated impact of the development of water quality, as it
relates to fish and wildlife habitat once adequate protective measures
have been taken;
(c) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction. These means
should be in accordance with the provincial "Guidelines on Erosion
and Sediment Control for Urban Construction";
(d) site soil condition, including grain size distribution profiles; and
(e) site grading plans.
2. That the Owner shall submit plans regarding alternations to watercourses to
the Ministry of Natural Resources for review and approval.
3. The Owner agrees to notify staff of the Ministry of Natural Resources at least
48 hours prior to the initiation of any grading or construction, that work is
about to begin, prior to any grading on the site.
4. The Owner shall, prior to the initiation of any filling or grading or
construction, erect a snow fence with geotextile fabric along the rear of Lots
/Q~
Schedule "Vn
-2-
3 to 6 and block 9. No disposal of fill or disturbance of vegetation shall occur
beyond this point during the entire construction phase.
5. That the Owner agrees to carry-out or cause to be carried out to the
satisfaction of the Ministry of Natural Resources, the recommendation
referred to in the report, required in Conditions 1 and 2 above.
6. The Owner agrees to maintain all stormwater management, erosion and
sedimentation control structures operating and in good repair during the
construction period, in a manner satisfactory to the Ministry of Natural
Resources.
/01
..
SCHEDULE "W"
THIS SCHEDULE IS SCHEDULE ''W'' to the Agreement which has been
authorized and approved by By-law No. 93-77 of The Corporation of the Municipality of
Clarington, enacted and passed the 31st day of May, 1993.
ARCHITECTURAL CONTROL STANDARDS
All dwellings to be erected on the said Lands shall satisfy the following
architectural control standards:
1. EXTERNAL MATERIALS:
(a) Exterior construction must be a minimum of forty (40%) percent masonry products
excluding stucco and concrete blocks. No substitution is allowed except by written
permission of the Director of Planning and Development.
(b) Dwellings sited at corners require full height masonry products on all elevations.
2. COLOURS:
(a) Colours of bricks, siding, roofs and trims must be compatible and in harmony such
as earthtone range, pastel range, grey/black range etc.
(b) Where bricks are used, coloured mortar is required.
( c) Accent colour bricks for brick detailing is permitted provided if used consistently in
group of dwellings.
(d) Colour of caulking around metal flashing or windows is required to match colour of
brick or siding.
3. REPETITION OF ELEVATIONS AND 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.
.
I~
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 achievt;d.
Kitchen, Kitchen, Simeson & McFarlane
Barristers and Solicitors
Ronald J. Kitchen
Alastair H. Simeson
Valerie A. Hazlett Parker
Gary G. Kitchen
Faye M, McFarlane
J. Scott Elliott
P. O. Box 428
86 Simcoe St. South
Oshawa, Ontario
L1 H 7L5
CBANET: KKS
Fax (416) 579-6073
Telephone (416) 579-5302
Our File #89-4249
June 24, 1993
The Corporation of the Town of Newcastle
Development Review Branch
40 Temperance street
Bowmanville, ontario
LlC 3A6
Attention: Mr. L. D. Taylor, Manaqer
Dear Sirs:
Re: Subdivfsion Agreement between:
The Corporation of the Town of Newcastle,
812716 Ontario Limited and Canadian Imperial
Bank fc,f Commerce
Part Lot 31, Concession 2, designated as
Parts 1 and 2, Plan 10R-3964, Darlington Township
We are pleased to return the executed copies of the above
subdivision agreement along with the executed conveyance of Blocks 11,
12, 13 and 14.
In respect of Paragraph 2.2 of the above subdivision
agreement, we hereby certify as follows:
1. 812716 ontario Limited is the sole owner in fee simple of ' all
the lands included in the subdivision agreement.
2. The following parties are the only parties that have a
registered interest in the lands included in the subdivision agreement
as of the date of this letter:
(a) Canadian Imperial Bank of Commerce holds a first mortgage in
the principal amount of $325,000.00 registered as Instrument Number
151748.
(b) Jack Russell Breen and Marguerite Breen have a registered
interest in the lands by virtue of an Agreement of Purchase and Sale,
notice of which is registered as Instrument Number 154739. This
Agreement provides that 812716 Ontario Limited will convey two lots in
this subdivision to Mr. and Mrs. Breen upon certain terms and
conditions, which are contained in the Agreement.
...
- 2 -
Although the following instruments do not create an "interest
in the lands", they are outstanding registrations that affect the
lands included in the subdivision:
(a) Airport Zoning Regulations in respect of the Oshawa Airport.
(b) A restrictive covenant that no filling, grading,
construction, alteration to a watercourse or alteration to existing
forest cover will occur on the subject lands without the prior written
consent of Central Lake ontario Conservation Authority.
There are no lands outside the lands included in the
subdivision agreement that are being conveyed to the Town or over
which easements are being conveyed to the Town.
If you require any further information or assistance, please
do not hesitate to contact us.
Yours very truly,
KITCHEN, KITCHEN, SIMESON & MCFARLANE
~
RONALD J. KITCHEN
RJK/jas
Encls.
DELIVERED
~ P~vince
, of
,,",~ Ontario
:r t- O';)
(:l..
- ...... I
...... ~
Q ,. I~
.... WI -. :
<< c
>- :1""' u... .:!. U'i) ~m
...... .., ~
Z t:t) Z
0 'I.U <(. 1M
w CC ..... :=:: Oil \1~
C/) < Q:
::;) .. (;) :;) N
w ~ G
0 ..... .... II
u: I
LI. -J
0 ti
~ U
LI. ..
New Property Identifiers
Additional:
See 0
Schedule
Executions
Additional:
See
Schedule
(8) This Document provides as follows:
Inhibiting Order attached
I (9) This Document re..... to Instrument number{.)
(10) Party(les) (Set out Status or Interest)
Name(s)
Document General
Form 4 - Land RegIstratIon Reform Act
DYE & DURHAM co. INC.-Form No. 986
Amended NOV. 1992
D
(1) Registry 0
(3) Property
Identifier{ .)
Land Titles 181 T (2) Page 1 Of!)- pages
Block Property
Additional:
See 0
Schedule
(4) Nature of Document
APPLICATION BY MUNICIPALIlY FOR INHIBITING ORDER (SectiOD
23)
(5) Consideration
NA
(6) Description
Dollars $
- J 4-Om- \l~D
Part of Parcel Plan *"", Section Con. 2~Dalfu15tOfl), as to
Blocks 11, 13, 14, 15 and 16 Plan 40M- \ 7 0, Municipality of
Oarington, Regional Municipality of Durham, dG~igmtt"d d:r
parts 1 and 2 Ull PIau 16R-J964
o
(7) This
Document
Contains:
o
Additional
Description 0 Parties 0 Other
(a) RedeScription
New Easement
Plan/Sketch
(b) Schedule for:
~I
Continued on Schedule 0
Signature(S) Date of Signature
Y M 0
~ .' '7 ~ . . ! 1993 i "'1. i ole
Nichoias. T. 'Mac()s. . . . . . . . . . . . . . . . . . ! . . . . . ! . . '1. . .
. "
, "
. . . . . '" . . .. . . . . . ... .. . . . .. . . .. . .. . . ! . . .. . ; .. .t. . .
i ,:
I : I
. . . . . . .. .. . .. . . . . . . . . " . . . .. . . . . . i . .. . . i . . 0;" . .
! !!
: :.
THE CORPORATION OF THE MUNICIPALIlY
. . . OF .CtAIUNGtON .by' it'sollCitors . . . . . . . . . . . . .
. . SHIBLEY RIGHTON .per. Nicholas. T. Macos. . . .
(11) Address
for Service 40 Temoerance Street. Bowmanville. Ontario L1C 3A6
(12) Party(les) (Set out Status or Interest)
Name(s) Signature(s)
(13) Address
for Service
(14) Municipal Address of Property
not assigned
Date of Signature
Y M 0
,
.
,
.
,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f . . . . .
(15) Document Prepared by:
II
>-
......
Z Registration Fee
o
w
C/)
::;)
w
o
LI.
LI.
o
a:
o
LI.
,II
Fees and Tax
Shibley Righton
Barristers & Solicitors
Suite 1800
401 Bay Street
Toronto, Ontario M5H 2Z1
Attn: Nicholas T. Macos
To".
..
LAND TITLES ACT
Section 23
APPLICATION BY MUNICIPALIlY FOR INHIBITING ORDER
TO:
THE LAND REGISTRAR FOR THE LAND TITLES
DIVISION OF DURHAM (NO. 40)
I, Patti Barrie, Clerk of the Corporation of the Municipality of Clarington hereby certify that
812716 ONTARIO LIMITED
the registered owner of Parcel 31-7, Section Con. 2 (Darlington), being part of Lot 31,
Concession 2, geographic Township of Darlington, Municipality of Clarington, Regional
Municipality of Durham, designated as parts 1 and 2 on Plan lOR-3964 being the land laid
out by a Plan of Subdivision dated July 6, 1993, prepared by R.S. Karpiel, an Ontario Land
Surveyor, has not executed and is not under any obligation to execute any Transfer of Land
or Transfer of Easement or any Agreement affecting title to the said land in favour of The
Corporation of the Municipality of Clarington which has not been registered as of the date
hereof except the following:
TRANSFERS AND AGREEMENTS
LOTS AND BLOCKS
Transfer in fee simple
(.3 metre reserves)
Blocks 13, 14, 15, and 16
Plan 40M - I f-k::,
Transfer in fee simple
(water quality and overland
flow route)
Block 11, Plan 40M- llLtO
Discharge
(Charge No. 151748)
Block 11, Plan 40M- [lib
AND as to the Lots and Blocks mentioned above, I HEREBY REQUEST you to issue an
Order or make an entry under Section 23 of the Land Titles Act inhibiting any dealing with
those Lots and Blocks until the Instruments mentioned above have been registered.
DATED at Clarington this /o'fh day of Septem
..
Province
of
Ontario
>
~
z
o
W
tn
::l
w
o
u:
II.
o
a:
o
II.
r-
.....
....
:r
tD
CO
.....
c..
....
l:l.iI
Q
lU ......,
a:C
~.:t.
0'2
t,d <l(
I-X
,,:( at
0:::;)
G:C
t::
c
w
(:)
II
II
.
..
:r
, ...
r~
xi..e:.1
~.
\l~
l
..
.
......
-'
New Property Identifiers
Additional:
See
Schedule
Execution.
Additional:
See
Schedule
Document General
Form 4 - Land Regletratlon Reform Act. 1984
111 Reul.try 0 Land Tltlee 00 121 Pege 1 of 1
D
pages
131 Property
ldentlflerlel
Block
Property
Additional:
See
Schedule
141 Nature of Document
postponement of charge or other rights
section 78 6 of the Land Titles Act
161 Con.lder.tlon
Oollers .
181 Deecriptlon pltJJt - , rl1 - 17
Parcel ~, section GOR. 2 (gaE'lbl~Lvn)
beiJ:lg g9ml'esed of part of Lut -,1 in Cum..c6sieR 2
of the (je9EjE'8phic "fvWII::lhlp uC 15aI IblEjtan,
~::~~~::~'h;0Ja~~ 11 j:dg2 /boJe;~%1;.QVe)~a~
Blceks Cf, 10 L.. U-lutcJ 12 J -the ~1Yeet fJ~WleIM BaYflll41Tn
wee) and -rUl 1).3 rn ~~~YV. r)a~t?IVJ 31otk~ f8
b 14, 15 ani fIR, IYI.tll1 it:ANU / 0(' (;{IY, //?1 fo n /
Re. l'ona I mU/lIe, . "':biJ.rhlLm J I
o
171 ThJ.
Document
Contain.:
(el Redescription ! (bl Schedule for:
New Easement 0 1
P1anlSketch ~ Description 0
Additional 0
Parties
181 Thi. Document provldee as follows:
Wer Jack Russell Breen and Marguerite Breen, the parties named in an
agreement of purchase and sale dated May 8, 1989, between us and Van Andel
Holdings Ltd., notice of which was registered on September 28, 1989 as
Instrument No. 154739 in respect of the land now r~stere~n the Land I ~
Registry Office for the Land Titles Division of NQ ~. . 10) as fC.neJ Pl::4fl4
P8rool 31 7 iR=-the Register for scction COR. 2 (DarliRgtont-,~kOt\ 4Ow)'1~40--
Hereby postpone Notice of Agreement of Purchase and Sale, No. 154739 to
the Agreement between The corporation of the Municipality of clarington,
812716 ontario Limited, and Canadian Imperial Bank of Commerce, notice of
which was registered on the ~ day of ~k.nw , 1993, as Instrument No. L1'tgS'YlHp.
191 This Documant relate. to Instrument numberlsl
Continued on Schedule 0
'5y;~q
14739- and L-r ~lllP
1101 Partyliesl (Set out Status 0' Interest)
Name(sl Slgnature(sl Date of Signature
Y M 0
BRE.EN.,.....J.ac.k....Rus.s.e.l.l......................................................................~.... ......... ....................6:i..~.:::::::....................1..19..9..3...p.91..!.r
~ iii
BRE.EN.,.....M.ar.g.u.e.r.i.t.e................................................................................. ....~.. . .. ............................~..........4..1.9..9..3...~9.4.1..7
~ .~~t~ . ..
....C~O';:>.\~.I)9..Cy.... ............................................................................................ ....................................................................................................../....................1.........1...........
. .,
. .,
. ..
. ..
. .,
. ..
. ..
1111 Addres.
for Service
CP "'-rt i c.c.
"-. 1 u
· TJ , ontario
162. Nash Road,
1121 PartyllesllSet out Status or Interestl
Namels) Signeture(sl Oete of Signature
Y M 0
Bld.::::Il\..qQQID!2IQ\"'tl'l'Jr::fEDm ........_............mm"lll
................................................................................................................................................ ................................................................................................................
C~~f\tlIBr,,)\t.1e\21~\A~~A!,)K-0f~f.':1.~EiC~.m.......m...-lmrj
l J\ I I I
1141 Municipal Addre.. of Property
ety uaCOrpontMM1~ "O"ONIO-CANAOA
1161 Document Pr.pared by:
>- Fees end Tax
..J
~ Reglstretlon Fee
w
C/)
::;)
w
o
u:
lL
o
a:
~ Total
Kitchen, Kitchen, Simeson &
McFarlane
P.O. Box 428
86 Simcoe Street S.
Oshawa, Ontario
L1H 7L5
fepar Wing
reo
/1 90
01 t 6 UUHttAM l,;U L.IMII tU
FO<m No. 870
J,!,.l Province
~V~OI
~ Ontario
Transfer/Deed of Land
A
Form 1 - Land ReglatraUon Reform Act, 1984
- .
Q Q..
~ ~., JJ
Q.J (,)
...... w ..-.. ,
a:: . .
>-
..J :r ~ .:=t. tQ
z 0 ......
0 U) .::1 \:1
w y,J "It(
C/) CQ ~- X Oil \l~
:J <t <<
w " 0 ::;) N
.... 01
0 ~
u: t- - .
u. *""
0 New. P~erty Identifilj
a: (j) en Additional:
0 en See
LI. "" Schedule 0
Executions
Additional:
See
Schedule
(6) ThIs
Document
ContaIns
: (b) Schedule for:
o i Description 0
(a) Redescription
New Easement
Plan/Sketch
(1) Registry 0
(3) Property
ldentlfler{s)
Land Tltl.. Eli T (2) Page 1 of 2
Block Property
pages
Additional:
See 0
Schedule
(4) ConsIderation
TWO-----------------------Dollars $ 2.00-----------
(5) Descrfptlon This Is a: Property 0 Property
. II Division Consolidation 0
. fkrf err
Parcel PItl/1-)
Section 4otM-/,'I{) II, 13, 14, 15 and 16
being the whole of Blocks/XZ~ZXZ~ZX3xiKaxl~~
according to Plan 40"1- 1740 .
JIJ1 Un I U fa fA '-Iv, of (;hr ( /15-101....
R~/ io 11([ / lfl/u1I M fit it 'Y eo ~r J;ttu<-
o
Additional
Parties 0 Other 0
(7) InterestlEstate Transferred
Fee Simple
(8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor Is at least eighteen years old and that
, . . . . . . . . . . 0 0 . . . . . . . . . . . . . . . 0 . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . r' . )1' . . . . . . . '~a~~ ~1'S'I~n~:u~'
N;~;}' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sign;".8(.i . . .~. . .. .;fI....... .. V ,M. 0
.~~~7~? P.~~~~~9: ~.I.f'P;~~P. . . . . . . . . . . . . . . . . . .. ......... '.' <;.J. . .-::~ri' . . . . . . ',' . J19,9.~ 'II~~. ! .~?
BastJ.aan Van Anae , PresJ.ddr~t i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ....,...,..,...,.,....,.,.,...,. j .. . . . .,. , . i ' . .
.0.000. . . . . .0' . . . . . 0 . . . . . . . . . . . 0 0 . . . . . . . . . . .. ...............................0. l' '" 'f' . . ,.. .
i ! i
(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
(10) Transferor(s) Address
for Service
Slgnature(s)
Date of Signature
Y M 0
I i
. . . . . . . . ... . . . . . . . . . .. . . . . . . ... . . .,. . . . . '1" .
i i
(11) Transferee(s)
429 Lakeshore Drive, Port Perry, Ontario, L9L IN?
Date of Birth
Y M 0
. , .
o'l:Il~. ~9;R?.o~'l'+ON..oF, .'J;'I:I~o ~.Q~ . Of. ~F;~~M'J;'~~. . ; 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . .1. . .1. . . .
. Jf!C?~. 0 ~. U)~~ of!:':. 7r1J? (Y)t!~~~~(("1.~. ~/tf?(~.T0/)J..... .1.. .j....
I I i
I ! I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . .. . .... . . . . ... . . .. 0'0 .. f' . . .
I : I
I j i
(12) Transferee(s) Address
for Service
40 'Temperance Street, Bowmanville, Ontario, LIC 3A6
(13) Transferor{s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the
Planning Act, 1983. Date of Signature Date of Signature
Y M D. I Y M 0
: ! it, I:
Signature. . . . . . 0 . . . . . . 0 . . . . . . . . . 0 .!. . . 0 . .:. . . I . . . i Signature...........................!......... l. . . .
Solicitor for Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquiries of the transhlror
:J. to determine that this transfer does not contravene that section and based on the Information supplied by the transferor, to the best of my knowledge
z and belief, this transfer does not contravene that section. I am an Ontario solicitor In good standing. Date of Signature
o Name and I Y 1M. 0
~ Address of ! i l'
o Solicitor Signature. . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . .!. .. ....
I _
U ~ (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
< ~e c: reveal no contravention as set out in subclause 49 (21a) (c) (Ii) of the Planning Act, 1983 end that to the best of my knowledge and belief this
~ E'* III transfer does not contravene section 49 of the Planning Act 1983. I act Independently of the solicitor for the transferor(s) and I am an Ontario
.~ ~ ~ Xl solicitor in good standing.
IV $1- ~
0: ~.e"" Name and
.~ .E ~ Address of
~:y.c Solicitor
'0
(/)
(15) A.....ment Roll Number
of Property
(16) Municipal Address of Property
Not Assigned
I Cty. I Mun.
I I
I I
I I
I I
Date of Signature
Y M 0
I I
Signature. . . . . . . . . . . . . . . . . . . . . . . . . . 1. . . . . . L . . .. . . .
Map ! Sub. i Par. i
I ! inot assigned
(17) Document Prepared by:
KITCHEN, KITCHEN, SIMESON
& MCFARLANE
86 Simcoe Street South
P. O. Box 428
Oshawa, Ontario LIH ?L5
10173 \12/84)
III F..s and Tax
~
~ Registration Fee
m Land Transfer Tax
::;)
w
o
u::
u.
o
Ia:
o
LI. Total
l.ul
..
Affidavit of Residence and of Value of the Consideration
Form 1 - Land Transfer Tax Act
Section .-{()111- /7~
40M- 1740
DYE & DURHAM CO. INC. . Form No. 500
Alnended 1991
Refer to all instructions on reverse side. P el
IN THE MATTER OF THE CONVEYANCE OF (insertbrlefdescrlptionofland) arc
beinq the whole of Blocks!!, !3, 14, 15 and 16 according to Plan
BY (print names of all transferors in full)
812716 ONTARIO LIMITED
TO (see instruction 1 and print names,of all trans/ereas in full)
THE CORPORATION OF THE TOWN OF CLARINGTON
I, (see instruction 2 and print name(s) In full)
Nicholas T. Macos
MAKE bATH AND SAY THAT:
1. I a m (place a clear mark within the square opp~ite that one of the following paragraphs that describes the capacity of the deponenr(s)): (sea instruct/on 2)
o (a) A person in trust for whom the land conveyed inthe above-described conveyance is being conveyed:
o (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
o (c) A transferee named in the above-described conveyance;
~ (d) The ~~Cr solicitor acting in this transaction for (insert nama(s) of principal(s)) The Corporation of the Town of
Clarinqton
described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicab/e paragraphs)
o (e) The President, V ice-President, Manager, Secretary, Director, or Treasurer authorized to act for (insert name(s) of corporation(s))
described in paragraph(s) (a). (b), (c) above; (strike out references to inapplicable paragraphs)
o (f) A transfaraa dascrlbed In paragraph( ) (In..rt only one of paragraph (8), (b) or (c) above. as applicable) and am mak ing this affidavit on my own behalf and on
behalf of (insert name of spouse) who is my spouse described
in paragraph ( ) (Insert only one of paragraph (a), (b) or (c) above, as applicable) and as such, I have personal knowledge of the facts herein deposed to.
2. (To be completed where the value of the consideration for the conveyance exceeds $400,000).
I have read and considered the definition of "single family residence" set out in clause 1 (1) lia) of the Act. The land conveyed in the above-described conveyance
o contains at least one and not more than two single family residences. Note: Clause 2( 1)(d) imposes an additional tax at the rate of one-half of one per
o does not contain a single family residence. cent upon the value of consideration in excess of $400,000 where the convey-
o contains more than two single family residences. (sea instruction 3) ance contains at least one and not more than two single family residences.
3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation"
or a "non-resident person" asset out in the Act. (sea Instructions 4 and 5) none
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash . . . . .. ...... . . . . . . $ 2.00
(b) Mortgages .(i) Assumed (show principal and Interest to be credited against purchase price) $ nil
(ii) Given back to vendor . . . . . . . $ nil
(cl Property transferred in exchange (detail below) ................... $ nil
(d) Securities transferred to the value of (detail below) . . . . . . . . . . . . . . . . . $ nil
(elliens, legacies, annuities and maintenance charges to which transfer is subject . . . $ nil
(f) Other valuable consideration subject to land transfer tax (detail below) ........ $ nil
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Totalof(a) to (f)) ....................
(h) V ALUE OF ALL CHA TTE LS - items of tangible personal property
(Retail Sales Tax Is payable on the value of aI/ chattels unless exempt under
the provisio/l1i" of the "Retail Sales Tax Act", R.S.O. 1980, c.454, as amended) . . . .
(i) Other cohsideration for transaction not included in (g) or (hI above
(j) TOTAL CONSIDERATION .......................
All 81anks
Must Be
Filled In.
Insert "Nil"
$ 2.00 $ 2.00
$ nil
$ tiil
$ 2.00
Where
Applicable.
5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (sea instruction 6)
Transfer to Municipality pursuant to a Subdivision Agreement
No
6. If the consideration is nominal, is the land subject to any encumbrance?
7. Other remarks and explanations, if necessary.
~ 7
~
signature(s)
Property Information Record
A. Describe nature of instrument: TranSfer/Deed of Land
B. (i) Address of property being conveyed (/laval/able) not assiqned
For Land Registry Office Use Only
Registration No.
(ii) Assessment Roll No. (if available) not assiqned
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
cDnveyed (see instruction 7) 40 Temperance Street, Bowmanville,
Ontario LIC 3A6
Registration Date
Land Registry Office No.
D. (i) Registration number for last conveyance of property being conveyed (if available)
(ii) Legal description of property conveyed: Same as in D.(i) above. Yes 0
E. Name(s) and address(es) of each transferee's solicitor
Shibley Righton
Box 32 - 401 Bay Street, Su~te 1800, Toronto, Ontar~o M~H 2Z1
Attention: Nicholas T. Macos
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all individual transferees Roman Catholic? Yes 0 No 0
(b) If Yes, do all individual transferees wish to be Roman Catholic Separate School Supporters?
(c) Do all individual transferees have French Language Education Rights? YesD No 0
(d) If Yes, do all individual tranSferees wish tD support the French Language School Board (where established)? Yes D No D
NOTE: As to (c) and (d) the land being transferred will be assigned to the French Public School Board or sector unless otherwise directed in (al and (bl.
unknown
No 0 Not known [K]
YesD
NoD
nd,dQn Ion nm
Instructions
..
1. Where any transferee (other than a joint tenant) is taking less than the
whole interest in the property being acquired, then the percentage
ownership of each transferee must be clearly indicated beside his/her
respective name.
2. (i) It should be noted that if all deponents are not entitled to mark
the same square in paragraph 1 of the Affidavit, then more than one
Affidavit will be required. Only those deponents who are entitled to
mark the same square in paragraph 1 may swear the same Affidavit.
(ii) This Affidavit is required to be made by each transferee named in
the conveyance, by each person in trust for whom the land conveyed
in the conveyance described is being conveyed and by each trustee
named in the conveyance to whom the land is conveyed.
(iii) However, any of the transferees may have the Affidavit made on
his behalf by an agent authorized in writing to make the Affidavit or by
his solicitor. (See clause (d) of paragraph 1 of the Affidavit.)
(iv) The Affidavit for a transferee that is a corporation may be made
by its President, Vice-President, Manager, Secretary, Director or
Treasurer. (See clause (e) of paragraph 1 of the Affidavit.)
(v) Where transferees are married to each other, either spouse may
make the Affidavit on behalf of him/herself and the other. (See clause
(f) of paragraph 1 of the Affidavit.)
3. Extract of clause 1 (1) Oa) of the Act:
Oa) "single family residence" means,
(i) a unit or proposed unit under the Condominium Act, or
(ii) a structure or part of a structure,
that is designed for occupation as the residence of one family,
including dependants or domestic employees of a member of the
family, whether or not rent is paid for the occupation of any part of such
residence, and whether or not the land on which the residence is
situated is zoned for residential use, and "single family residence"
includes any such residence that is to be constructed as part of the
arrangement relating to a conveyance of land, but does not include any
such residence constructed or to be constructed on agricultural land
where the transferor with respect to the 'Iand conveyed meets the
eligibility requirements for a farm tax reduction rebate contained in
clause 4(b) or (c) of Ontario Regulation 716/83 made under the
Ministry of Agriculture and Food Act.
4. Note: Subsection 1(3) provides, inter alia, that an individual shall be
considered to be "ordinarily resident in Canada" i', at the time the
expression is being applied, he has sojourned in Canada during the next
preceding twenty-four months for a period of, or periods the
aggregate of which is 366 days or more.
Extract of clauses 1 (1) (f) and (g) of the Act:
(f) "non-resident corporation" means a corporation incorporated,
formed or otherwiS'e organized in Canada or elsewhere,
(i) that has allotted and issued shares to which are
attached 50 per cent or more of the voting rights ordinarily
exercisable at meetings of the shareholders of the corporation
and that are owned by one or more non-resident persons, but
this subclause does not apply where it is established to the
satisfaction of the Minister that such one or more non-resident
persons do not in fact directly or indirectly exercise control
over the corporation and that subclause (v) does not apply to the
corporation,
(ii) that has allotted and issued shares to which are attached
25 per cent or more of the voting rights ordinarily exercisable at
meetings of the shareholders of the corporation and that are
owned by any one non-resident person or by that person"and.
one or more persons who are associates of that person and.who
are themselves non-resident persons, but this subclause does'
not apply where it is established to the satisfaction of the
Minister that su,ch non-resident person does not in fact
directly or indirectly exercise control over the corporation and
that subclause (v) does not apply to the corporation,
(iii) one-half or more of the directors of which, or of the
persons occupying the position of director by whatever name
called, are individuals who are non-resident persons,
(iv) without share capital and one-half or more of the members
of which are non-resident persons,
(v) that is controlled directly or indirectly by one or more non-
resident persons, including a non-resident corporation within the
definition contained in the provisions of this clause other than
this subclause,
(vi) one-quarter or more of the paid-up capital of which is held
by a non-resident person or by that person and one or more
persons who are associates of that person and who are them-
selves non-resident persons,
(vii) one-half or more of the paid-up capital of which is held by
one or more non-resident persons,
(viii) that would be required on dissolving, winding up, or any
other distribution that is not a dividend, to distribute one-quarter
or more of its surplus to a non-resident person or to that person
and one or more persons who are associates of that person and
who are themselves non-resident persons, or
(ix) that would be required on dissolving, winding up, or
any other distribution of surplus that is not a dividend, to
distribute one-half or more of its surplus to one or more
non-resident persons.
(g) "non-resident person" means,
(i) an individual who is not ordinarily resident in Canada or who,
if ordinarily resident in Canada, is neither a Canadian citizen nor
an individual who has been lawfully admitted to Canada
for permanent residence in Canada,
(ii) a partnership, syndicate, association or other organization of
whatsoever kind of which one-half or more of the members are
non-resident persons within the meaning of subclause (i), (iii) or
(iv) or in which interests representing in value 50 per cent or
more of the total. value of the property of such partnership,
syndicate, association or other organization are beneficially
owned by non-resident persons within the meaning of subclause
(i), (iii) or (iv),
(iii) a trust in which non-resident persons within the meaning of
subclause (i), (ii) or (iv) have 50 per cent or more of the beneficial
interests in the corpus of the trust or in the income arising there-
from, and "trust" includes the trustees under such a trust in
their capacity as the trustees thereof, or
(iv) a non-resident corporation.
5. . Insert the name and place of residence - or in .the case of a
corporation, the place of incorporation - of any transferee who
is a non-resident person. If space is insufficient, attach a list of those
transferees who are non-resident persons. If none of the transferees
is non-resident, insert 'none'. /
Note: Where the person named in the instrument as grantee is
taking title on behalf of another person(s), the residency status to
be recited must be that of the person or persons .who are the
beneficial owners of the land - not that of the grantee named in the
instrument. This applies regardless of whether the trustee or
nominee capacity of the grantee named in the instrument is
indicated on the instrument.
6. Explain purpose of transfer: natural love and affection, pursuant to
court order, separation agreement, etc,
7. Insert mailing address(es) where municipal assessment notices for
property being conveyed are to be forwarded after closing of this
transaction.
SCHOOL TAX SUPPORT (Voluntary Election)
(a) & (b) The school tax support for the land being transferred will
be assigned to the public school board unless otherwise
directed. Only Roman Catholics can be separate school
supporters. If all individual transferees are Roman Catholic
and wish to be separate schools supporters, the completion
of items (a) and (b) will serve as notice to the Regional
Assessment Commissioner to enter the transferees on the
next Assessment Roll as Roman Catholic separate school
supporters. For further information on school support contact
your local school board.
(c) & (d) If the land being transferred is situate in an area in which a
French Language School Board has been established, and all
individual transferees have French language education rights,
completion of (c) and (d) will serve as notice to the
Regional Assessment Commissioner to enter the transferees on
the next Assessment Roll as French language school board
,~upporters.
'.~'~ .,;,~"" -'0'. . . .....'
Individuals have French language education rights under s.23 of
the Canadian Charter of Rights and Freedoms if the individual
can answer yes to anyone of the following questions:
(i) Is French the language you first learned and still
understand?
(ii) Did you receive your elementary school instruction in
French? (This does not include French immersion or French as
a second language).
(iii) Have any of your children received, or are they now
receiving elementary or secondary school instruction in Canada
in French? (This does not include French immersion or French
as a second language).
This information is requested under the' Authority of s.15 of the
Assessment Act.
For further information contact your local school board.
NOTE: IN ADDITION TO ATTACHING THIS AFFIDAVIT TO THE CONVEYANCE TENDERED FOR REGIS-
TRATION, ONE UNATTACHED, COMPLETED COpy MUST BE TENDERED TO THE LAND REGISTRAR AT
THE TIME OF REGISTRATION. (R) 04490 (90-10)