HomeMy WebLinkAbout93-78
ON: 87092. BYL
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 93- 78
being a By-law to authorize the entering into of an Agreement with 290572 Ontario
Limited being the Owner of Plan of Subdivision 18T-87092 and the Corporation of the
Town of Newcastle in respect of Plan 18T-87092.
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 290572 Ontario Limited, being the Owner of Plan of Subdivision
18T-87092 and the said Corporation in respect of Plan of Subdivision 18T-87092;
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 5t day of May , 1993.
BY-LAW read a second time this 31 5t day of May , 1993.
BY-LAW read a third time and finally passed this 31 5 t day of May , 1993.
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MAYOR
CLERK
290572 ONTARIO LIMITED
SUBDIVISION AGREEMENT WITH
THE CORPORATION OF THE MUNICIPALTITY OF CLARINGTON
DRAFT PLAN NO. 18T-87092
Firstly: Parcel 29-2, Section Con.2 Darlington, being Part of Lot 29, Concession 2,
Geographic Township of Darlington, Municipality of Clarington, Regional
Municipality of Durham, designated as Part 1 on Plan 10R-3998.
Secondly: Parcel 29-4, Section Con. 2 (Darlington) being Part of Lot 29, Concession
2, Geographic Township of Darlington, Municipality of Clarington, Regional
Municipality of Durham, designated as Part Ion Plan 40R-I4869, now Lots 1 to 62,
Blocks 63 to 67, Avondale Drive, Fieldcrest Avenue and Stagemaster Crescent, Plan
40M-1746
INDEX
1. Subdivision Agreement registered as Instrument N o.L T661162 on November 23, 1993;
2. Certificate of Solicitor dated November 12, 1993;
3. Application by Municipality or Inhibiting Order registered as Instrument No.
LT661164 on November 23, 1993;
TRANSFERS REQUIRED PURSUANT TO SUBDIVISION AGREEMENT
Transfers of Easements
Intraplan Easements
4. Transfer of Easement for Rear Yard Catch Basins and Storm Sewers (Part of Lots
1, 2, 7 and 8) registered as Instrument No. LT666480;
5. Transfer of Temporary Turning Circle Easement (Part of Lots 44, 45, 58 and 59)
registered as Instrument No. LT66481;
Extraplan Easements
6. Transfer of Easement for Storm Sewer (Part of Lot 29, Concession 2) registered as
Instrument No.LT661168 on November 23, 1993;
7. Transfer of Easement of Storm Sewer Route from Jane Arlene Gay, (Part 1, Plan
40R-14975) registered as Instrument No. D422932 on November 23, 1993 and
Certificate of Solicitor;
Transfers of Fee Simple
Intraplan Transfers
8. Transfer of .3 metre Reserves (Blocks 64, 65 and 66) registered as Instrument
No.LT666482 on January 14, 1994.
- 2 -
Extra Plan Fee Transfers
9. Transfer of Park (Part 2, Plan 40R-15092) and Partial Discharge of Charge No.
LT653921 registered as Instrument No.LT661166 on November 23, 1993;
10. Transfer of Park from Bonnydon Limited (Parts 1, 2, 3 and 4, Plan 40R-15055 and
Part 1, Plan 40R-15092) and Certificate of Solicitor.
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New Property Identifiers
Additional:
See D
Schedule
Executions
Additional:
See
Schedule
(8) This Document provides as follows:
DYE & DURHAM CO. INC.-Form No. 985
Amended NOV. 1992
Document General
form 4 - Land Registration Reform Act
o
(1) Registry D
(3) Property
ldentlfler{s)
Land Titles E:J T (2) Page 1 of 113 pages I
Block Property
Additional:
See D
Schedule
(4) Nature of Document
Notice of Subdivision Agreement (Section 74 of the Act)
(5) Consideration
NA
Dollars $
(6) Description
Parcel 29-2, Section Con. 2 (Darlington) being Part of Lot 29,
Concession 2, Geographic Township of Darlington, Municipality
of Clarington, Regional Municipality of Durham, designated as
Part 1 on Plan lOR-3998 and ~a.1l 1 un Fla.u lOR-J998.
Parcel 29-4, Section Con.2 (Darlington), being Part of Lot 29,
Concession 2, Geographic Township of Darlington, Municipality
of Clarington, Regional Municipality of Durham, designated as
Part 1 on Plan 40R-l4869
D
(7) This
Document
ContaIns:
Additional
Parties ~ Other 00
i (b) Schedule for:
D! Description 129
(a) Redescription
New Easement
Plan/Sketch
The Corporation of the Municipality of Clarington has an unregistered estate, right, interest or equity in
the land registered in the name of290572 Ontario Limited, as Parcel 29-2, Section Con. 2 (Darlington)
being Part of Lot 29, Concession 2, Geographic Township of Darlington and Parcel 29-4, Section Con.2
(Darlington), being Part of Lot 29, Concession 2, Geographic Township of Darlington, each in the
Municipality of Clarington, Regional Municipality of Durham 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.
( (9) This Document relates to Instrument number{s)
(10) Party(ies) (Set out Status or Interest)
Name(s)
THE CORPORATION OF THE MUNICIPALITY
. , . OF CLARING'rON by.it,solicitoFs . , , , , . . . . . , , ,
SHIBLEY RIGHTON per Nicholas
. , . T: Matos' . . . . . . . . . . . , , . . . . . . . . , . , . . . . . . . . . .
(11) Address
for Service
Continued on Schedule 0
)
Signature(s)
Date of Signature
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. . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . : . . ':' . .
NICHOLAS T. MACOS !: i
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40 Temperance Street, Bowmanville, Ontario LlC 3A6
(12) Party(les) (Set out Status or Interest)
Name(s)
(13) Address
for Service
(14) Municipal Address of Property
not assigned
Signature(s)
Date of Signature
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: : : : : : : : : : : : : : : : : : : . : : : : : : : : : . : : : : f : : : : .
(15) Document Prepared by:
.~ Fees and Tax
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Shibley Righton
Barristers & Solicitors
Suite 1800
401 Bay Street
Toronto, Ontario M5H 2Z1
Attn: Nicholas T. Macos
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THIS AGREEMENT made in quintuplicate as of this .2'1 day of a::r; 1993.
BElWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
- and -
290572 ONTARIO LIMITED
- and -
ROYAL BANK OF CANADA
SUBDIVISION AGREEMENT
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ARTICLE
1.1
1.2
TABLE OF CONTENTS
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1. INTERPRETATION AND SCHEDULES..................... 3
Definitions ... ,-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ._.. 3
Schedules .............................................. 9
ARTICLE 2 - GENERAL ........................................... 10
2.1 Recitals in Operative Part of Agreement ...................... 10
2.2 Certification of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
2.3 Copy of Plan and Agreements Required ...................... 11
2.4 Transfer of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
2.5 Transfer of Lands ....................................... 12
2.6 Registration of Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
2.7 Lands for School Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
2.8 Charge on Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
2.9 Registration of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
2.10 Renegotiation and Amendment of Agreement .................. 14
2.11 Town to Act Promptly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
2.12 Assignment of Agreement ................................. 16
2.13 Replacement of Draft Plan with Final Plan(s) .................. 16
2.14 Notification of Owner .................................... 16
2.15 Lot/Block Reference Numbers ............................. 17
2.16 Postponement of Mortgage ................................ 17
2.17 Successors............................................. 17
ARTICLE
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3. FINANCIAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payment of Taxes .......................................
Payment of Local Improvement Charges ......................
Payment of Drainage Charges ..............................
Payment of Development Charges .. . . . . . . . . . . . . . . . . . . . . . . . . .
Cash in Lieu of Land Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Performance Guarantee Required ...........................
Use of Performance Guarantee ........... . . . . . . . . . . . . . . . . . .
Indemnification of Town ..................................
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Insurance .............................................
Maintenance Guarantee Required . . . . . . . . . . . . . . . . . . . . . . . . . . .
Use of Maintenance Guarantee. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reduction and Release of Performance Guarantee ..............
Reduction and Release of Maintenance Guarantee ..............
Pa)fment of Town's Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I
Unpaid Monies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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17
18
18
18
19
19
20
20
20
20
21
22
23
24
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ARTICLE
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
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 - PLAN'NING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 Repairs . . . . . . . . . . . . . . .
Damage to Existing Services ...............................
Not Used .............................................
Use of Works by Town ...................................
Maintenance of Roads after Completion ......................
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26
26
27
28
29
29
29
32
33
33
34
36
36
40
40
40
40
41
42
43
44
44
45
45
48
48
49
49
50
50
50
52
52
53
53
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5.23 Requirements for Certificate of Completion . . . . . . . . . . . . . . . . . . .. 54
5.24 Requirements for Certificate of Acceptance . . . . . . . . . . . . . . . . . . " 54
5.25 Ownership of Works by Town .............................. 55
5.26 Requirements for Certificate of Release ...................... 55
5.27 Not Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 56
5.28 Cost of Works Referred to in Schedule "G" .................... 56
ARTICLE 6 - COMPLIANCE WITH REGULATIONS ................... 56
ARTICLE 7 - RESPONSIBILITY OF SUBSEQUENT OWNERS . . . . . . . . . .. 56
ARTICLE 8 - TIME OF ESSENCE ................................. 57
ARTICLE 9 . AUTHORITY TO MAKE AGREEMENT .................. 57
SCHEDULES TO AGREEMENT
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
"Legal Description of the Lands"
"Plan of Subdivision (reduction)"
"Charges Against the Lands"
"Schedule of Payment of Development Charges"
"Transfer of Easements"
Schedule "E"
Schedule "F"
"Lands to be Transferred to Town and/or Cash to be Paid in
Lieu Thereof"
"Works Required"
"Utilities and Services Required"
"Duties of Owner's Engineer"
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
"Use of the Lands"
"Land Unsuitable for Building"
"Land Requiring Site Plan Approval"
Not Used
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "]"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "Q"
Schedule "R"
Schedule "S"
"Conservation Authority's Work"
"Engineering and Inspection Fees"
"Region's Conditions of Approval"
Not Used
"Landscaping Plan" (reduction)
Schedule "T'
Schedule "U"
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Schedule "V"
Schedule "W"
"Requirements of Other Agencies"
"Architectural Control Standards"
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Subdivision Agreement
Page 2
THIS AGREEMENT made in quintuplicate as of this 2nd day of July, 1993.
BET WEE N:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter called the "Town")
OF THE FIRST PART
- and -
290572 ONTARIO LIMITED
(hereinafter called the "Owner")
OF THE SECOND PART
- and -
ROYAL BANK OF CANADA
(hereinafter call 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-87092 of the Lands subject to compliance with
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C(
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Subdivision Agreement
Page 3
certain conditions thereto including the making of Subdivision Agreements with the Region
and the Town, respectively;
E. The Owner has applied to the Region for approval of a final Plan of
Subdivision of the Lands and to the Region and the Town, respectively, for the making of
the aforesaid Subdivision Agreements;
F. The Owner represents and warrants that it has or will enter into an
Agreement with the appropriate Public Utilities Commission or other authority or company
having jurisdiction in the area of the said Lands for the design and installation of the
utilities and services referred to in Schedule "H" and hereinafter called the "Utilities and
Services";
G. The Owner represents and warrants that it will enter into Agreements with
the Region and the Town to satisfy their respective requirements, financial and otherwise
in order to satisfy certain conditions of approval by the Region of draft Plan of Subdivision
18T-87092;
H. This Agreement is made pursuant to the provisions of Subsection 51(6) of the
Planning Act. It is authorized by By-law No. 93-78 passed by the former Corporation of the
Town of Newcastle now named the The Corporation of the Municipality of Clarington on
May 31, 1993.
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.
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Subdivision Agreement
Page 4
(b ) "Appropriate Authority" means the Town, the Region, a Ministry Of the
Crown in right of Ontario or other authority or agency considered to be
appropriate for the purpose by the Director.
(c) "Assuming Purchaser" has the meaning assigned tO,it in paragraph 3.16(1)
of this Agreement.
(d) "Authorization to Commence Works" has the meaning assigned to it in
paragraph 5.10 of this Agreement.
(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.
(j) "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.
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(0) "Development Charge By-law" means Town By-law No. 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.
(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 assign~d 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.
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(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.
(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 "G" of this
Agreement.
(ee) "Land Registry Office" has the meaning assigned to it in Schedule "A" of
this Agreement.
(ff) "Lands" has the meaning assigned to it in Recital A of this Agreement.
(gg) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of
this Agreement.
(hh) "Maintenance Guarantee" has the meaning assigned to it in paragraph
3.10(1) of this Agreement.
(ii) "Master Drainage Plan" has the meaning assigned to it in Schedule "G" of
this Agreement.
Uj) "Minister" means the Minister of Municipal Mfairs, Ontario.
(kk) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1)
of this Agreement.
(11) "Noise Impact Study" has the meaning assigned to it in paragraph 4.12(7)
of this Agreement.
(mm) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1) of
this Agreement.
(nn) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph
3.16(1) of this Agreement.
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(00) "Occupancy Permit Scale" has the meaning assigned to it in paragraph
3.16(2) of this Agreement.
(pp) "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.
(qq) "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.
(rr) "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.
(ss) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6
of this Agreement.
(tt) "Phase 1 of the Development of the Lands" means the development of the
portion of the Lands which is within the draft 40M Plan of Subdivision, a
copy of which is contained in Schedule "B".
(uu) "Phase Subsequent to Phase 1 of the Development of the Lands" means the
development of the whole, or any portion of the Land, which are not
located within the draft 40M Plan of Subdivision contained in Schedule "B"
after such draft 40M plan of Subdivision has been registered against the
title to the portion of the Lands to which it applies, and if the first "Phase
Subsequent to Phase 1 of the Development of the Lands" includes only a
portion of the Lands which are not located within such draft 40M Plan of
Subdivision, the term "Phase Subsequent to Phase 1 of the Development of
the Lands" means the development of each portion of the Lands which is
within a separate 40M Plan of Subdivision which is registered against the
title to the portion of Lands to which it applies.
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(w) "Planning Act" means the Planning Act R.S.O. 1990 c. P. 13 as it may be
amended or replaced from time to time.
(ww) "Reapproved Engineering Drawings" has the meaning assigned to it in
paragraph 5.5 of this Agreement.
(xx) "Reapproved Grading and Drainage Plan" has the meaning assigned to it
in paragraph 5.6 of this Agreement.
(yy) "Region" means The Corporation of the Regional Municipality of Durham.
(zz) "Related Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(aaa) "Road System" has the meaning assigned to it in Schedule "G" of this
Agreement.
(bbb) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this
Agreement.
(ccc) "Security for the Maintenance Guarantee" has the meaning assigned to it
in paragraph 3.10(2) of this Agreement.
(ddd) "Solicitor" means the Solicitor for the Town.
(eee) "Stage Cost Estimates" has the meaning assigned to it in paragraph 5.9 of
this Agreement.
(fff) "Staging Plan" means the staging plan for the Lands approved by the
Director of Public Works pursuant to paragraph 5.11 of this Agreement.
(ggg) "Stormwater Management System" has the meaning assigned to it in
Schedule "G" of this Agreement.
(hhh) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of
this Agreement.
(iii) "Street Lighting System" has the meaning assigned to it in Schedule "G" of
this Agreement.
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(jjj) "Temporary Occupancy Permit" has the meaning assigned to it paragraph
4.10(2) of this Agreement.
(kkk) "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.
(lll) "Town" means The Corporation of the Municipality of Clarington or any
official, designated by Council to administer the terms of this Agreement.
(mmm) "Treasurer" means the Treasurer of the Town or his designated
representative.
(nnn) "Tree Preservation Plan" has the meaning assigned to it in paragraph 4.1(1)
of this Agreement.
(000) "Utilities and Services" means the utilities and services referred to in
Schedule "H" of this Agreement.
(ppp) 'Works" has the meaning assigned to it in paragraph 5.1 of this Agreement.
(qqq) '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.
(rrr) '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:
IS
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Schedule "A"
Schedule "B"
Schedule "C"
Schedule "0"
Schedule "E"
Schedule "F"
"Legal Description of the Lands"
"Plan of Subdivision (reduction)"
"Charges Against the Lands"
"Schedule of Payment of Development Charges"
"Transfer of Easements"
"Lands to be Transferred to Town and/or Cash to be
Paid in Lieu Thereof"
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
"Works Required"
"Utilities and Services Required"
"Duties of Owner's Engineer'.
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
"Use of the Lands"
"Land Unsuitable for Building"
"Land Requiring Site Plan Approval"
Not Used
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "Q"
Schedule "R"
Schedule "S"
"Conservation Authority's Work"
"Engineering and Inspection Fees"
"Region's Conditions of Approval"
Not Used
"Landscaping Plan" (reduction)
"Requirements of Other Agencies"
"Architectural Control Standards"
Schedule 'T'
Schedule "U"
Schedule "V"
Schedule "W"
ARTICLE 2 - GENERAL
2.1 Recitals in Operative Part of A~reement
The Owner represents and warrants to the Town that each of Recitals A to G of this
Agreement is correct.
2.2 Certification of Ownership
(1) On the execution of this Agreement, the Owner shall provide the Town with a letter
signed by an Ontario Solicitor and addressed to the Town certifying as to the title of
the said Lands and setting out the names of all persons having interests in the said
Lands and the nature of their interests.
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(2) On the execution of this Agreement, 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 AflI"eements Required
On the execution of this Agreement, the Owner shall provide the Town with as many
copies as the Town requires of the final Plan of Subdivision of the Lands as approved by
the Commissioner, the Minister, or the Ontario Municipal Board as the case may be. The
draft final Plan of Subdivision as proposed by the Owner (the "40M Plan") is contained in
Schedule "B" attached hereto. The Owner shall also furnish to the Town at the time of the
execution of this Agreement, one (1) copy of the final Plan of Subdivision which has marked
on it the stamp of approval of the Region, and a copy of the executed Subdivision
Agreement entered into between the Owner and the Region with respect to the Lands if the
aforesaid Plan has been approved and Agreement has been executed by the Parties thereto
at the time of the execution of this Agreement. If at the time of the execution of this
Agreement, the aforesaid Plan has not been so approved and/or the aforesaid Agreement
between the Owner and the Region has not been executed, the Owner shall provide the
Town with a copy of the aforesaid Plan with the stamp of approval of the Region marked
thereon and/or a copy of the aforesaid Agreement executed by the Region and the Owner
forthwith after approval of the aforesaid Plan is granted and/or the aforesaid Agreement
is executed by the Parties thereto. The Owner shall also furnish to the Town, at the time
of execution of this Agreement, one (1) copy of each of the Agreement(s) entered into by
the Owner with the Newcastle Hydro-Electric Commission or other authority or company
having jurisdiction in the area of the said Lands for the design and installation of the
Utilities and Services, or, if such Agreement(s) have not been executed at the time of the
execution of this Agreement, the Ownershall 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
(l
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clear of all encumbrances and restrictions, shall be made for a nominal consideration,
shall contain provisions satisfactory to the Town's Solicitor, and shall be in
registerable form.
(2) If, subsequent to the date of 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
or company, as the case may be, the provisions of paragraph 2.4(1) shall apply with
all necessary changes to it being considered to have been made to give effect to the
intent of this paragraph 2.4(2)
2.5 Transfer of Lands
On the execution of this Agreement, the Owner shall deliver to the Town executed
transfers, sufficient to vest in the Town title in fee simple absolute free and clear of all
encumbrances and restrictions, of the lands set out in Schedule "F" hereto and shall pay to
the Town in cash or by certified cheque an amount of money which is equal to any tax, fee,
or cost payable at the time of or in respect of the registration of such transfers against the
title to the lands to which they apply. All transfers referred to in this paragraph 2.5 shall
contain provisions to the satisfaction of the Town's Solicitor, shall be made for a nominal
consideration, and shall be in a registerable form.
2.6 Re2istration of Transfers
The transfers of easements and lands referred to in paragraphs 2.4 and 2.5 shall be
prepared by the Owner and shall be registered at the Owner's expense, at the same time as
the Plan is registered. If such transfers are of or in respect of lot(s) or block(s) which are
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to be defined on the final Plan of Subdivision of the Lands when the Plan is approved and
registered against title, the registered number of the Plan shall be left blank and the Owner
hereby authorizes the Town to insert such Plan number after registration of the Plan.
2.7 Lands for School Purposes
(1) On or prior to the execution of this Agreement, the Owner shall deposit with the
Town, a letter from each and every School Board having jurisdiction over the said
Lands stating that arrangements satisfactory to each and every School Board have
been made respecting the acquisition of any lands necessary for school purposes to
serve the said Lands.
(2) In the event that any School Board which has an option to acquire any lot(s) or
block(s) comprising part of the Lands does not exercise its option, forthwith after
such School Board fails to exercise such option, the Owner shall give notice to the
Town in writing that the School Board has not exercised its option. The Owner
hereby grants to the Town an irrevocable option to acquire such lot(s) or block(s)
on the same terms and conditions including, without limiting the generality of the
foregoing, the consideration to be paid to the Owner, as the School Board could have
acquired such lot(s) or block(s) by exercising its option as aforesaid, except that the
Town shall exercise the option hereby granted by giving written notice to the Owner
prior to the expiry of 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 Charee on Lands
The Owner hereby charges all its interest in the Lands with the obligations set out
in this Agreement.
2.9 Reeistration of Aereement
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,
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Subdivision Agreement
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the Owner also hereby consents to the registration of an Inhibiting Order(s) or a Caution(s)
against the title to the Lands or the relevant portion(s) thereof as the case may be, in order
to give further effect to the foregoing and acknowledge that the Town has reasonable cause
to register an Inhibiting Order(s) or Caution(s) as the case may be.
2.10 Rene2otiation and Amendment of A2I'eement
(1) Following the occurrence of any of the events set out below in this paragraph 2.10
(the "Renegotiation Events"), the Town may give written notice to the Owner
requiring that particular provisions of this Agreement specified in the notice shall be
renegotiated and, if necessary amended by the Parties. No later than the expiry of
the ten (10) day period following the date on which such notice is given, the Owner
will cease and will require all persons with whom it has a contractual relationship to
cease constructing and installing the Works referred to in such written notice until
the specified provisions of this Agreement have been renegotiated and any necessary
amendment(s) made to this Agreement. The Renegotiation Events are the following:
(i) the Region, the Minister, or the Ontario Municipal Board approves a final
Plan of Subdivision for the said Lands which the Town considers to be
substantially different from the 40M Plan proposed by the Owner;
(H) the final Plan of Subdivision is not approved by the Region and registered
against the title to the Lands within eighteen (18) months after the date as of
which this Agreement is made;
(Hi) either if a Subdivision Agreement between the Owner and the Region has not
been executed at the date as of which of this Agreement is made, or if such
Subdivision Agreement between the Owner and the Region has been so
executed, it is amended subsequent to the date as of which this Agreement is
made, the provisions of such Subdivision Agreement between the Owner and
the Region, in the opinion of the Town, affect materially the location or sizing
of any of the Works to be supplied and instaHed under the terms of this
Agreement; or
(iv) construction or instaHation 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;
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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
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.
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Subdivision Agreement
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2.12 Assi2Dment of Aereement
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-87092 has been approved by
the Region. A copy of it is contained in Schedule liB" 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- 87092 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-87092 for the purposes of
this Agreement. All amendments necessary to this Agreement shall be considered
to have been made to it and to the descriptions and references contained in it,
including without limiting the generality of the foregoing, Schedules "B", "E", "F', "G",
"N", "0", "P" and "Q", in order to replace the descriptions and references to the red-
lined draft Plan of Subdivision 18T-87092 with descriptions and references to and
that are consistent with such registered final Plan of Subdivision.
2.14 Notification of Owner
If any notice or other document is required to be or may be given by the Town or
by any official of the Town to the Owner under this Agreement, such notice shall be mailed
by first class prepaid post or delivered to:
The Owner: 290572 Ontario Limited
58 Rossland Road West
Oshawa, Ontario
L1G 2V5
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Subdivision Agreement
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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 Lot/Block Reference Numbers
Subject to paragraph 2.13 of this Agreement, for the purposes of this Agreement all
references to lot(s), block(s), 0.3 metre reserves and road widenings reflect the numbering
of each as shown on draft Plan 18T-87092, as approved by the Commissioner of Planning
on January 22, 1993, amended on April 26, 1993, June 17, 1993 and July 1993.
2.16 Postponement of Morteaee
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.
2.17 Successors
This Agreement shall enure to the benefit of and be binding on the Parties hereto,
and their respective successors and assigns.
ARTICLE 3 - FINANCIAL
3.1 Payment of Taxes
Prior to the date of execution of this Agreement, the Owner shall pay all municipal
taxes outstanding against the Lands, as set out in Schedule "e' hereto. In addition, the
Owner shall pay any municipal taxes which may become due in respect of the whole or any
one or more portions of the Lands after the date of execution of this Agreement in
accordance with the law.
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3.2 Payment of Local Improvement 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 lie'
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 Draina~e Charees
Prior to the date of the execution of this Agreement, the Owner shall pay all
drainage charges assessed under the Drainage Act and the Tile Drainage Act against the
Lands, as set out in Schedule "C' hereto, including the commuted value of such charges
falling due after the date of execution of this Agreement.
3.4 Payment of DevelopmentCha~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.
(2) The Parties acknowledge and agree that none of the provisions of this Agreement,
including but not limited to paragraph 3.4 and Schedules "D" and "G", are intended
nor shall they be considered to have the effect of exempting the Owner in whole or
in part from, or making inapplicable to the Owner, or making inapplicable in respect
of the development of the Lands, a Development Charge that is imposed by the
Development Charge By-law and none of them shall be used as a justification for or
the basis of granting the Owner a credit of any amount in determining the
development charge payable by the Owner under such By-law under the
Development Charges Act.
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3.5 Cash in Lieu of Land Dedication
On the execution of this Agreement, the Owner shall pay the Town the cash payment
in lieu of dedication of lands as set out in Schedule "F' hereto.
3.6 Performance Guarantee Required
Prior to the date of issuance of any Authorization to Commence Work, the Owner
shall deposit with the Town, cash or an irrevocable and unconditional letter of credit issued
by a bank listed in Schedules "I" or II" of the Bank Act, acceptable to the Town's Treasurer,
and containing terms satisfactory to the Town's Treasurer. The deposit shall be in the
amount determined by the Director to be the amount required to secure to the Town the
performance by the Owner of its covenants contained in this Agreement to construct and
install the Works and the performance of the Owner's obligations under paragraph 5.13(2)
and without limiting the generality of the foregoing, in making his determination, the
Director may have regard for the "Works Cost Estimate" or the "Revised Work Cost
Estimate" (both terms as hereafter defined) whichever is applicable, for the construction and
installation of the Works which either are the subject of an Authorization to Commence
Work or for the issuance of which an Authorization to Commence Works application has
been made by the Owner. If from time to time following the issuance of any Authorization
to Commence Works the Director is of the opinion that the amount of the Performance
Guarantee should be increased in order to protect the Town's interests under this
Agreement, forthwith after the Director gives written notice to the Owner requiring an
increase in the amount of the Performance Guarantee, the Owner shall deposit with the
Town cash or an unconditional and irrevocable letter of credit in such amount issued by a
bank listed in Schedule "I" or "II" of the Bank Act that is acceptable to the Town's Treasurer
and continuing terms satisfactory to the Town's Treasurer. (The cash deposit(s) or letter(s)
of credit which is (are) to be deposited by the Owner pursuant to this paragraph 3.6 and
other provisions of this Agreement are called the "Performance Guarantee".) In the event
that the Owner does not increase the amount of the Performance Guarantee for a period
of thirty (30) days following the giving of written notice by the Director to the Owner
requiring an increase in the amount of the Performance Guarantee, (1) all Authorizations
to Commence Work that have been issued shall terminate, and (2) the Owner shall not
apply for or require the issuance of any permit for the construction of buildings or any part
of the Lands pursuant to the Building Code Act. Without derogating from the other
provisions of this Agreement, the Parties acknowledge that if the Owner deposits a letter
of credit with the Town's Treasurer as the whole or part of the Performance Guarantee or
an increase thereof required by this Agreement, the Town's Treasurer, acting reasonably,
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may at any time draw on such letter of credit and deposit the cash proceeds thereof'in an
account to the credit of Town for disbursement in accordance with this Agreement.
3.7 Use of Performance Guarantee
From time to time the Town may appropriate the whole or anyone or more portions
of the Performance Guarantee up to an amount(s) determined by the Director, which in
aggregate shall not exceed the amount(s) which in the opinion of the Director are required
to remedy the Owner's breach(es) or default(s) of or under the provisions of this
Agreement. Forthwith after making each such appropriation, the Director shall give the
Owner written notice thereof and the Owner shall forthwith reinstate the Performance
Guarantee to the full amount(s) required by this Agreement.
3.8 Indemnification of Town
(1) The Owner shall defend, indemnify and save the Town harmless from and against all
actions, claims, liabilities, losses, damages and expenses including reasonable legal
fees which arise by reason of or are caused in whole or in part by the making and/or
the implementation of this Agreement, or the design, construction and 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.
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
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Subdivision Agreement
Page 21
I
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 3.10(2)(a) expires;
(c) "Street Lighting System" (as hereafter defined): the date of expiry of the
period of two (2) years which commences on the date of issuance of the
Certificate of Completion of the Street Lighting System; and
(d) "Stormwater Management System" (as hereafter defined): the date of expiry
of the period of two (2) years which commences on the date of the issuance
of the Certificate of Completion of the Stormwater Management System
provided that such Certificate of Completion for the Stormwater Management
System shall not be issued prior to the issuance of the Certificate of
Completion for the Final Works.
3.11 Use of Maintenance Guarantee
From time to time, the Town may appropriate the whole or any part of the Security
for the Maintenance Guarantee if the Owner fails to pay any cost(s) payable by the Owner
to the Town under this Agreement. The amount(s) of such appropriation shall not exceed
the amount(s) which in the opinion of the Director are required to remedy the Owner's
breach(es) or default(s) as determined by the Director of correcting or remedying a
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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.
(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
.
. '
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Subdivision Agreement
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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
the Owner, the Town is satisfied that within the one (1) year period of
temporary occupancy under a Temporary Occupancy Permit the Director has
received the Owner's Engineer's written confirmation that grading of the lots
and blocks in question has been completed in accordance with the approved
Grading and Drainage Plan.
(e) The Director has received the as-constructed drawings for such Works from
the Owner as well as the computer disks, if any have been prepared by the
Owner's Engineer.
"
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3.14 Payment of Town's Costs
(1) The Owner shall reimburse the Town for all reasonable legal, planning, engineering
and other technical advice, and administrative expenses actually incurred for the
preparation and registration of this Agreement and the reasonable cost of all legal
services contemplated by the terms of this Agreement, which include the review of
the Performance Guarantee, the review of the Security for the Maintenance
Guarantee and the preparation of a Certificate(s) of Release, provided that services
have actually been performed for the Town.
(2) The Owner 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.
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 thirty
thousand dollars ($30,000.00) (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 within Phase 1 of the
"
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Subdivision Agreement
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Development of 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 thirty thousand dollars ($30,000.00).
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 pursuan~ 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 follo}Ving "Occupancy Permit Scale" of the Town which is current on the date
of execution of this Agreement:
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
"
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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 b~i1dings on any part of the Lands pursuant to the Building Code
Act.
(3) Prior to the issuance of a building permit for the first (1st) dwelling proposed to be
constructed in each Phase Subsequent to Phase 1 of the Development of the Lands,
the Owner will deposit with the Town an Occupancy Permit Deposit in the amount
produced by applying the Town's Occupancy Permit Scale which is current at the
date on which the Occupancy Permit Deposit is required to be lodged with the Town
to the number of lots within the phase in question. The provisions of paragraph
3.16(1) shall apply in respect of the Occupancy Permit Deposit for each Phase
Subsequent to Phase 1 of the Development of the Lands, with all necessary changes
thereto being considered to have been made to give effect to the intent of this
paragraph 3.16(3).
ARTICLE 4 - PLANNING
4.1 Tree Preservation Plan
(1) Prior to the.issuance of any Authorization to Commence Works the Owner shall have
obtained the written approval of the Director Community Services, the Director of
Planning and Development, and the Director of Public Works of a plan for the
preservation of trees on the said Lands (the ''Tree Preservation Plan") which shall
show:
(a) the location and approximate size of all existing trees over 30.5 em 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
"
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shall be removed until the Tree Preservation Plan has been approved by the Director
of Community Services, the Director of Planning and the Director of Public Works.
Thereafter an existing tree may be removed only if permitted by the Tree
Preservation Plan. The Owner shall comply with the approved Tree Preservation
Plan. In the event that any tree required to be preserved by the approved Tree
Preservation Plan is removed, destroyed or damaged, the Owner at its expense shall
replace that tre,e with a tree of a height, calliper and species as determined by the
Director of Planning in his discretion.
4.2 Landscapin2 Plan and Landscapin2 Requirements
(1) Prior to the issuance of any Authorization to Commence Works, the Owner ~hall
obtain the written approval of the Director of Planning and the Director of Public
Works of the "Landscaping Plan" (as hereafter defined).
(2) Prior to the execution of this Agreement, the Owner shall retain a qualified
landscape architect acceptable to the Director of Planning and the Director of Public
Works. The landscape architect shall prepare a draft landscaping plan showing,
amongst other things required by each of the Director of Community Services, the
Director of Planning and Development, and the Director of Public Works, boulevard
road areas and vegetation, trees to be planted thereon and fencing and screen
planting as required by paragraph 4.2(4). The draft landscaping plan shall conform
with and implement the Town's landscaping design criteria, as amended from time
to time, the approved Engineering Drawings and the other provisions of this
Agreement. When the draft landscaping plan has been settled to the satisfaction of
the aforesaid Directors and approved by them, it is the "Landscaping Plan" for the
purposes of this Agreement.
(3) The Parties acknowledge that the Landscaping Plan contained in Schedule "U" hereto
,
is the Landscaping Plan for the purposes of this Agreement.
(4) The Owner agrees at its cost to satisfy the following requirements:
(a) all lots in Urban Areas are to be sodded and all lots in Rural Areas are to be
sodded or seeded, -as may be required by the Director of Planning, within one
(1) year of occupancy of the dwellings;
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(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, other than noise fencing the height of which is specified in paragraph
4.12(10) of this Agreement, 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
(0 where wood fencing is proposed, it must be constructed either of pressure
treated wood or wood of equivalent longevity in the opinion of the Director
of Planning.
(5) The Owner agrees, at its expense, to provide and install trees, vegetation and fencing
and to satisfy the other requirements of the Landscaping Plan expeditiously during
the construction of dwellings on the Lands. Any default by the Owner in satisfying
any of the requirements of paragraph 4.2 may be remedied or corrected by the Town
at the Owner's cost. Without limiting the Town's rights under any other provision
of this Agreement, the Owner acknowledges and agrees with the Town that the Town
may appropriate a portion of the Performance Guarantee to indemnify the Town in
respect of the cost of remedying or correcting any such default of the Owner at any
time when deemed necessary by the Director of Planning. On each occasion,
forthwith, after the Director of Planning gives the Owner written notice of the
amount so appropriated, the Owner shall restore the Performance Guarantee to the
amount required by this Agreement.
4.3 Use of Lands
The Lands shall not be used for any purpose other than the purposes set out in
Schedule "M" hereto, provided that such purpose is permitted by the Town's By-law 84-63,
as amended from time to time.
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4.4 Lands Unsuitable for Buildin~
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 Requirinl: Site Plan
The Owner shall not make or cause or suffer any person(s) to make an application
for a building permit in respect of any lot(s) or block(s) within the Plan which are set out
in Schedule "0" until the Owner has entered into a Site Plan Agreement with the Town
respecting the development of such lot(s) or block(s) under Section 41 of the Planning Act,
provided that any application for a building permit shall comply in all respects with the
terms of the said Site Plan Agreement and all applicable laws.
4.6 Requirements for Buildinl: Permits
The execution of this Agreement by the Town, the approval by the Town of the 40M
Plan for Phase 1 of the Development of the Lands or for any Phase Subsequent Phase 1 of
to the Development of the Lands and the issuance of any Certificate of Acceptance of
Works, do not constitute a representation or covenant by the Town to any person, nor shall
be taken to give any assurance to the Owner or to any other person that building permits
for buildings proposed to be constructed on any portion of the Lands when applied for, will
be issued. Without limiting the generality of the foregoing, the Owner will not apply for or
cause or permit an application to be made by any person for a building permit for a building
proposed to be constructed on any of the Lands, made until the following requirements are
satisfied:
(a) all easements required to be transferred by this Agreement to the Town, the Region
of Durham or the Newcastle Hydro-Electric Commission, and all easements required
to be transferred for the purpose of Utilities and Services referred to in Schedule
"H", and all easements required to be transferred or reserved for the purpose of
drainage or access to the lot(s) or block(s) in respect of which an application for a
,
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Subdivision Agreement
Page 30
building permit(s) is made, have been transferred to or reserved by the appropriate
person as required by this Agreement;
(b) all the roads which are required to be constructed to provide access to the proposed
building in accordance with this Agreement, have been constructed at least to the
completed base course of asphalt, and the Director has given the Owner his written
approval of them as being sufficient to provide in his opinion adequate access to the
proposed building(s);
(c) all of the Works required to be constructed and installed under road(s) referred to
in paragraph 4.6(b) have been constructed and installed to the satisfaction of the
Director;
(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;
3~
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Subdivision Agreement
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(i) if the application for a building permit is for a building proposed to be constructed
on any lot(s) or block(s) set out in Schedule "0", the Owner has entered into a Site
Plan Agreement under Section 41 of the Planning Act with respect to the
development of such lot(s) or block(s) in accordance with paragraph 4.5 of this
Agreement;
(j) the Performance Guarantee and the Security for the Maintenance Guarantee
provided for in this Agreement have been deposited with the Town and are in good
standing and all sums of money required to the Town by the Owner pursuant to this
Agreement have been paid;
(k) the applicant has submitted a Site Plan satisfactory to the Director and certified as
being correct by the Owner's Engineer which demonstrates to the satisfaction of the
Director that the final grades of the lot(s) or block(s) in respect of which the
application for a building permit(s) is made are appropriate for the building(s)
proposed to be constructed thereon, the grading of the lot(s) or block(s) in question
and the proposed access thereto conforms with the Grading and Drainage Plan
approved by the Director for the particular lot(s) or block(s) as well as with the
Town's Design Criteria and Standard Detail Drawings;
(I) the Owner has erected or caused to be erected a sign displaying all road(s), lot(s) or
block(s) within the Plan sufficient to illustrate the future housing types and
distribution, the location of any park, open space, school or commercial blocks
proposed on the said Lands, as well as all future uses for lands which abut the said
Lands as identified by an approved Official Plan, Neighbourhood Plan, or Hamlet
Development Plan and/or an approved Draft Plan of Subdivision of such abutting
lands;
(m) (i)
the Owner has constructed access routes to the subdivision in satisfaction of
the requirements of the Ontario Building Code and has installed all necessary
watermains and hydrants which are fully serviced;
(ii) the Owner has agreed with the Town that during construction of the building
pursuant to the building permits which have been applied for fire access
routes will be maintained continuously as required by the Ontario Fire Code,
storage of combustible waste will be maintained in accordance with the
Ontario Fire Code, and open burning will not occur contrary to the Ontario
Fire Code;
17
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Subdivision Agreement
Page 32
(iii) the Owner has agreed with the Town to comply with the Ontario Fire Code
with respect to Combustible Waste and Open Burning; and
(iv) the Owner has agreed with the Town to have regard for the "Guidelines to
Fire Prevention" published jointly by the Ontario Home Builder's Association
and the Toronto Home Builder's Association in respect of construction of
dwellings;
(n) the Owner has provided written confirmation that all dwelling(s) to be erected on
Phase 1 of the Development of the Lands or in a Phase Subsequent to Phase 1 of the
Development of 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 requirements 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
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Subdivision Agreement
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home(s) in question. In each case, such access shall be to the satisfaction of the
Director and the Town's Fire Chief.
(3) Any model home(s) constructed on the Lands shall be used for sales display purposes
only and shall not be occupied for any residential purpose until such time as the
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;
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Subdivision Agreement
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(b) where a building permit has not been issued in respect ofa lot(s) or block(s) shown
on the Plan which is proposed to be sold, the Owner has obtained from the
prospective purchaser an enforceable covenant made directly with the Town by which
such purchaser agrees with the Town, that prior to the issuance of a building permit
for a building on the land in question, he will deliver to the Town, the Newcastle
Hydro-Electric Commission, other authority and/or company, as the case may be, any
transfers of easements as in such lot(s) or block(s) which are required for Town,
Region of Durham and Utilities and Services or drainage purposes, as determined
by the Director, forthwith after written request by the Director therefor is given to
the Owner;
(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 Occupancy Permit
(1) Notwithstanding the requirements of any statute, regulation or by-law respecting the
issuance of any permit authorizing or permitting the occupancy of any building, the
Owner shall not occupy or cause or permit any building on the said Lands to be
occupied without the written permission of the Town (the "Occupancy Permit")
having been given. In addition to satisfying the other requirements of this
Agreement, an Occupancy Permit shall not be issued to any person for any building
until the following requirements are satisfied:
Lf~
Subdivision Agreement
Page 35
(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;
(b) all of the storm drainage system required to be constructed and installed to
service such building has been constructed and installed to the written
satisfaction of the Director, and such building has been connected thereto;
(c) all of the Utilities and Services, with the exception of telephone and cable
T. V., which are required to be constructed, installed and connected to the
building pursuant to Schedule "H", have been so constructed, installed and
connected to the written satisfaction of the Director, the Newcastle Hydro-
Electric Commission or the authority or company having jurisdiction over such
Utilities and Services, as is appropriate;
(d) the building has been connected to and is serviced by a water supply and
sewage disposal system to the written approval of the Region of Durham;
(e) either the Owner's Engineer has provided the Director with his written
certification that the lot(s) or block(s), on which such building is located has
been developed in conformity with the Grading and Drainage Plan, or the
Owner has given written approval by the Director to vary the requirements
of the approved. Grading and Drainage Plan with respect to the lot(s) or
block(s) in question; and
(f) the building has been finally inspected and approved pursuant to the Building
Code Act, the Ontario Building Code and the Plumbing Code.
(2) Notwithstanding the provisions of paragraph 4.10(1)(e), the Owner may be issued a
permit (the "Temporary Occupancy Permit") by the Director of Planning to permit
the temporary occupancy of a dwelling provided that the Owner establishes to the
satisfaction of the aforesaid Director that it has been unable to comply with the
requirements of paragraph 4.10( e) by reason of seasonal, weather or other conditions
which are considered by the Director, in his discretion, to be beyond the control of
the Owner. Prior to the issuance of a Temporary Occupancy Permit the Owner shall
establish, to the satisfaction of the Director of Planning that the provisions of
paragraphs 4.1O(1)(a), (b), (c), (d) and (f) have been satisfied. The Owner also shall
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Subdivision Agreement
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provide to the aforesaid Director the written confirmation required by paragraphs
4.10(1)(e) within one (1) year from the date of the commencement of the Temporary
Occupancy Permit respecting the 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
(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 4.10(1)(e) is not provided to the aforesaid Director within one
(1) year of the date of issuance of a Temporary Occupancy Permit, no person shall
occupy the dwelling in respect of which a Temporary Occupancy Permit has been
issued until an Occupancy Permit respecting the dwelling has been issued pursuant
to paragraph 4.10(1).
4.11 Cash in lieu of Lands for Park or Other Public Recreational 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.
"
qv
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Subdivision Agreement
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(3) The Owner shall comply with the provisions of Schedule "Q" and Schedule "V"
hereto.
(4) Any deadends and/or open side of road{s) allowances created by this draft Plan shall
be terminated in zero point three (0.3) metre reserve(s) which shall be transferred
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.
(6) The Owner shall implement those noise control measures recommended in the Noise
Impact Study and described as "Recommended Abatement Measures" in paragraph
4.12(7).
(7) The Owner shall implement the specific noise recommendations contained in the
approved Noise Impact Study for Plan 18T-87092 dated August 1989 prepared by
G.M. Sernas & Associates Ltd. as finally approved by and on file with the Director
(the "Noise Impact Study") and the addendum thereto dated November 1992,
including the specific items which are noted below:
SUMMARY OF RECOMMENDED ABATEMENT MEASURES
Number
Lot/block
Abatement Measure
Location
1.
Lots 1, 33, 34, 68,
69, 91
Blocks 172, 182
- 1.8m high noise
barrier
lots/blocks
abutting
Courtice Rd./
Highway #2
- Warning Clauses
"A" and "B"
2.
Lots 1, 33, 34, 68
Blocks 172, 182
- requires forced air
ventilation with "rough-in"
provisions for central
air conditioning
"
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Subdivision Agreement
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In addition to requirements of Schedule "W" by implementing the construction
techniques described in the Noise Impact Study, the Owner shall construct each
dwelling in accordance with that study. The construction techniques shall include the
following:
1) Window Glazing: minimum 2mm single glazed windows and wall
construction consistent with standard Ontario Building
Code construction.
(8) The following Warning Clause "A" shaH be attached to aH offers of purchase and sale
of dwellings for the following lots/blocks on the draft Plan of Subdivision 18T-87092:
Lots 1, 33, 34, 68, 69, 91, 155 to 163 inclusive, Blocks 169, 172, 182 on the 40M:
"Purchasers are advised that despite the inclusion of noise control
features within the development area and within the individual
dwelling units, noise levels may continue to be of concern, occasionally
interfering with some activities of the building occupants."
(9) The following Warning Clause "B" shall be attached to all offers of Purchase and
Sale of dwellings for the following lots/blocks on the draft Plan of Subdivision 18T-
87092:
Lots 1, 33, 34, 68, 69, 91, Blocks 172, 182:
"This dwelling was fitted with a forced air heating system and ducting,
sized to accommodate a central air conditioning unit. (Note: Care
should be taken to ensure that the condenser is located in an area that
,
is not sensitive to noise.)"
(10) The Owner shall implement the recommendations contained in the Noise Impact
Study. Without limiting the foregoing, the Owner shall:
(a) construct a one point eight (1.8) metre high acoustical noise barrier on the
relevant lots and blocks referred to in the Noise Impact Study;
(b) place on title appropriate warning clauses for each of the lot(s) or block(s) in
question in accordance with paragraphs 4.12(8) and 4.12(9); and
'.
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Subdivision Agreement
Page 39
(c) implement the construction techniques described in the Noise Impact Study
and construct each dwelling in accordance with that study.
The Owner will construct or cause to be constructed the aforesaid acoustical noise
barrier fencing free of gaps and with a minimum density of (4) four pounds per
square foot (19.5 kilograms per square metre).
(11) Prior to the Owner requiring, causing or suffering any person to require the issuance
of building permits for more than fifty (50%) percent of the total number of
dwellings units permitted to be constructed on draft Plan of Subdivision 18T-87092,
(a) Block 184 on draft Plan of Subdivision 18T-87092 and Parts 1 and 2 on plan
of survey of record 40R deposited in the Land Registry Office have
been transferred to the Town in fee simple absolute, free and clear of
encumbrances and restrictions, and
(b) Block 184 on the draft Plan of Subdivision 18T-87092 and Parts 1 and 2 on
Reference Plan 40R _ have frontage of at least thirty (30) metres in length
on a constructed and serviced public street in respect of which the Director
has issued a Certificate of Completion.
(12) Prior to the issuance of a building permit for a dwelling proposed to be constructed
on any lots referred to in paragraphs 4.12(7) and 4.12(10) the Owner shall provide
its Acoustic Engineer's written certificate to the Director certifying that the building
plans for the dwellings are in accordance with the Noise Impact Study.
(13) Blocks 173, 174, J75, 175, 177, 178, 179, 180, 181, 182 and 185 shown on draft Plan
of Subdivision 18T-87092 shall not be developed except in conjunction with the
development of the portion of the Lands which abut the Block in question. The
aforesaid Blocks shall be maintained by the Owner in a graded, sodded or seeded
clean condition until developed.
"
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Subdivision Agreement
Page 40
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 "0" 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 Eneineer
(1) At all times until this Agreement is released, the Owner shall retain the Owner's
Engineer who shall perform the duties set out in Schedule "I". On the execution of
this Agreement and on each occasion on which a new Owner's Engineer is retained
by the Owner, forthwith after retaining the Owner's Engineer, the Owner shall give
the Director written notice of the name, address and telefax number of the Owner's
Engineer. No partnership, association of persons or corporation shall be retained as
the Owner's Engineer without the prior written approval of the Director. 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
'.
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Subdivision Agreement .
Page 41
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 Desi~ of Works
(1) The Owner 'covenants and agrees that the design of all the Works shall conform with
all applicable legislation and the Town's Design Criteria and Standard Detail
Drawings. In the event of any dispute as to such requirements or their
interpretation, the dispute shall be resolved by the Director whose decision shall be
final.
(2) The Owner shall provide and submit to the Director all necessary Engineering
Drawings and obtain all approvals for the construction and installation of the Works,
as required by this Agreement.
(3) Without derogating from the provisions of paragraphs 2.4 and 2.5 and Schedules "E"
and "F" of this Agreement, on the execution of this Agreement, the Owner, at its
expense, shall transfer to the Town any land or easements considered necessary in
the opinion of the Director to accommodate the construction, installation and
'.
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Subdivision Agreement
Page 42
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
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
'.
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Subdivision Agreement
Page 43
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 A,pproval of Gradinl and Drainalle Plan
Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of an appropriate Plan showing thereon the
existing drainage pattern on all lands adjacent to the Lands, and all proposed grading and
drainage Works for the said Lands, and indicating the direction of all surface drainage,
including water from adjacent lands originally flowing through, into or over the said Lands
to the municipal storm sewer system or any other outlet approved by the Director (the
"Grading and Drainage Plan"). The written approval of the Director of the Grading and
Drainage Plan shall be obtained prior to the commencement of construction or installation
of any of the Works on the Lands. If construction of such Works is not commenced within
two (2) years from the date of approval of the Grading and Drainage Plan, the Grading and
Drainage Plan shall be resubmitted to the Director for his reconsideration, and approval by
the Director after any revisions required by the Director have been made to it, (the
"Reapproved Grading and Drainage Plan"). From and after the approval by the Director
of the Reapproved Grading and Drainage Plan, it shall be deemed to be the Grading and
Drainage Plan for the purposes of this Agreement, and thereafter all Works shall be
constructed and installed in accordance with it.
It,
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Subdivision Agreement
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5.7 Stal:inl: 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.
"
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Subdivision Agreement
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5.9 Approval of Works Cost Estimates and Sta&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;
c;l
Subdivision Agreement
Page 46
(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 52 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
"1" 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;
r,
s2--
Subdivision Agreement
Page 47
(m) the Owner has received the written approvals of the Director of Public Works
and the Director of Planning of the Staging Plan as provided in paragraph 5.7
of this Agreement;
(n) the Owner has received the written approval of the Director of the Schedule
of Works as required by paragraph 5.8 of this Agreement;
(0) the Owner has received the written approval of the Director to the Works
Cost Estimates or the Stage Cost Estimates as required by paragraph 5.9 of
this Agreement;
(p) the Owner has deposited with the Town the Performance Guarantee required
by paragraph 3.6 and other provisions of this Agreement and has made all
cash payments to and deposited all letters of credit with the Town as required
by this Agreement;
(q) the Owner has deposited with the Town's Treasurer all policies of insurance
or proof thereof required by and in accordance with paragraph 3.9 and
Schedule "K" of this Agreement;
(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
S3
Subdivision Agreement
Page 48
(u) the Owner has been given the written approvals of the Director of Plaiming
and Development, Director of Public Works and Director of Community
SeIVices 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), (j), (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 Sta~es 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 notbeing 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
,:>'f
Subdivision Agreement
Page 49
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 Eneineerine Drawin2s
(1) The Works shall be constructed and installed in accordance with the Engineering
Drawings as approved by the Director. No deviation from the Engineering Drawings
is permitted unless such deviation is authorized in writing by the Director before it
is undertaken. All construction and installation of the Works, shall be undertaken
and carried out by the Owner or by the Owner's contractor, as the case may be, in
accordance with the regulations for construction set out in Schedule "L".
(2) The Owner shall keep the Town road surfaces and ditches clean of dirt, mud and
refuse until a Certificate of Acceptance of all Works contemplated in this Agreement
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.
SS
Subdivision Agreement
Page 50
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
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Subdivision Agreement
Page 51
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 a lien in respect of the Works or any component
thereof is registered against the title to any land vested or which should have been
vested in the Town or is filed with the Town, or (2) the Town receives written notice
of a claim of an alleged beneficiary of a statutory trust under the Construction Lien
Act, such registration, filing or notice shall constitute a default in performance by the
Owner of this Agreement. In any such case, the Director may notify the Owner in
57
Subdivision Agreement
Page 52
writing of such default. If the Owner fails to discharge the lien or the claim gs 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 portion(s) 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 Acknowledv:ernent Respectinv: Ernerv:ency Repairs
The Owner acknowledges that if in cases of emergency or urgency or in order to
protect the integrity of the Works or any component thereof, the Director acts to correct,
remedy or repair any deficiency(s) or defect(s) in the Works, neither an entry on the Lands
or any portion of them nor any such action by the Director or any person authorized to
undertake the same by the Director shall be deemed to be an acceptance of any of the
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 Darna2e to Existinv: 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[
Subdivision Agreement
Page 53
Director, the Region and the relevant utility authority or company which owns .or is
responsible for the Works, property or services in question. In addition, the Owner agrees
with the Town, at the Owner's cost, to relocate any of the Works constructed or installed
pursuant to this Agreement which are located in driveways or so close thereto as in the
opinion of the Director will interfere with the use of the driveway in question, forthwith
after being given written notice by the Director requiring the Owner to undertake such
relocation.
5.20 Not Used
5.21 Use of Works by Town
The Owner acknowledges and agrees that any of the Works may be used by the
Town and such other person(s) who is (are) authorized by the Town for any of the purposes
for which the Works are designed, without interference by the Owner, and without the
payment of any fee or compensation to the Owner, and for such purposes the Town and
other person(s) authorized by the Town may enter upon the portiones) of the Lands on
which the Works are located.
5.22 Maintenance of Roads after Completion
(1) In addition to any other requirement of this Agreement that the Owner maintain the
Works, if any building(s) on the Lands is occupied, the Owner, at the Owner's cost,
shall maintain each road(s), which is required to be constructed and provides access
to such building(s), until a Certificate of Acceptance has been issued for such
road(s), and without limiting the generality of the foregoing, the Owner shall:
(a) maintain the road(s) at all times in a well drained, dust and mud free
condition, suitable for ordinary vehicular traffic, to the approval of the
Director;
(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.
s~
Subdivision Agreement
Page 54
(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 (WO%) percent of the costs of snowploughing and sanding such road(s),
as determined by the Director, from time to time, and forthwith after being given
written notice of such costs by the Director.
(3) The Owner acknowledges and agrees that the undertaking or provision of repairs or
maintenance by the Town under paragraphs 5.18, 5.19 or 5.22(2) in respect of
road(s), is not intended nor shall it in any way constitute or be 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 or Completion
The Owner acknowledges and agrees that the construction and installation of any of
the Works authorized in an Authorization to Commence Works shall not be deemed to be
completed for the purposes of this Agreement until the Director has provided the Owner
with written certificate that such is the case (the "Certificate of Completion"). In addition
to satisfying the other requirements of this Agreement respecting its issuance, a Certificate
of Completion shall not be issued until such of the Works authorized by the Authorization
to Commence Works for which a Certificate of Completion is required, have been inspected
by the Director, and he is satisfied such Works have been constructed and installed in
accordance with the Engineering Drawings and has received all certificates and
confirmations from the Owner's Engineer as provided for in this Agreement.
5.24 Requirements for Certificate of Acceptance
The Owner acknowledges and agrees that none of the Works covered by a Certificate
of Completion shall be accepted, nor deemed to be accepted for the purpose of this
Agreement until the Director has provided the Owner with written certificate that the
Works in question have been accepted ("the Certificate of Acceptance)". If the
requirements of this Agreement respecting the issuance of a Certificate of Acceptance of
the Initial Works, the Stormwater Management System and/or the Street Lighting System
bD
Subdivision Agreement
Page 55
have been satisfied, and without limiting the generality of the foregoing, if the Director is
of the opinion that the Works in question have been maintained in compliance with
paragraph 3.10 and all deficiencies and defects in such Works have been remedied and
corrected by the Owner on behalf of the Town, the Director shall provide the Owner with
a Certificate of Acceptance of the relevant Works. If the requirements of this Agreement
respecting the issuance of a Certificate of Acceptance of the Final Works have been
satisfied, and without limiting the generality of the foregoing, if the Director is of the
opinion that the Works in question have been maintained in accordance with paragraph 3.10
and all deficiencies and defects in such Works have been remedied and corrected by the
Owner, and the Director reports his opinion that such Works should be accepted by the
Town for the Town Council, Council may approve the report of the Director. Following
Council's approval of this report as aforesaid the Director may provide the Owner with a
Certificate of Acceptance of the Final Works.
5.25 Ownership of Works by Town
For greater certainty, the Owner acknowledges and agrees that the Town is the
Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall have
no right or claim thereto, 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 iron bars shown on the registered final Plan of
b\
Subdivision Agreement
Page 56
Subdivision of the Lands and has found, placed or replaced all stuvey
monuments at all block corners" the end of all curves, other than corner
roundings, and all points of change in direction or road(s) on such Plan; and
(c) Town Council has by resolution, acknowledged that the Owner has satisfied
all of the provisions of this Agreement.
From the date of its issuance, a Certificate of Release shall operate as a discharge of the
Owner in respect of the Lands or the portion thereof which are described therein of the
obligations of the Owner under this Agreement with the exception of (1) the Owner's
obligation respecting drainage as provided in this Agreement; and (2) the Owner's covenant
to comply with the requirements of this Agreement in respect of applications for building
permits for dwellings on the Lands.
5.27 Not Used
5.28 Cost of Works Referred to in Schedule "G"
The Owner acknowledges and agrees that it will pay the total cost of the Works
referred to in Schedule "G" hereto. The Owner will not seek any credit or rebate for or of
any part of the total cost of the Works by reason of any of them being oversized to
accommodate drainage or traffic from lands outside the limits of the Lands, whether from
or in respect of a development charge imposed by the Development Charge By-law, or in
any other manner, or for any other reason.
ARTICLE 6 - COMPLIANCE WITH REGULATIONS
In exercising its rights and in performing its covenants under this Agreement, the
Owner shall comply with all regulations and laws of general application and all by-laws of
the Town and the Region. Without limiting the generality of the foregoing, at all times the
Owner shall comply and cause all contractors, sub-contractors and suppliers of materials and
services in connection with the construction, installation and maintenance of the Works to
comply with the provisions of the Occupational Health and Safety Act, and the Workers'
Compensation Act.
ARTICLE 7 - RESPONSIBILI1Y OF SUBSE~UENT 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
Subdivision Agreement
b~
Page 57
the title to the Lands shall have the sole responsibility for the following which shall be
performed or undertaken at its cost:
(a) the provision and maintenance of adequate drainage of surface waters from
such lot(s) or block(s) in accordance with the approved Grading and Drainage
Plan referred to in paragraph 5.6 herein of this Agreement;
(b) compliance with the provisions of paragraph 4.6 "Requirements for Building
Permits" of this Agreement if, at the date of issuance of the Certificate of
Release, a building permit has not been issued for the lot(s) or block(s) in
question; and
(c) the maintenance of fencing required by Schedule "G" and paragraph 4.2.
ARTICLE 8 - TIME OF ESSENCE
Time is of the essence of this Agreement.
ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT
The Owner acknowledges and agrees that the Town has authority to enter into this
Agreement, that every provision hereof is authorized by the law and is fully enforceable by
the Parties, and that this Agreement is made by the Town in reliance on the
acknowledgement and agreement of the Owner as aforesaid.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and
seals the day and year first above written and the Parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND
DELIVERED
In the presence of:
)
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)
)
)
)
)
)
)
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Subdivision Agreement
&3
Page S8
)
)
)
)
)
)
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)
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290572 ONTARIO LIMITED
~~.~
No.: J. Na e f. ery
President
Title:
Name:
Title:
RO~KOFC~
Name: Robe . Lawrence Title: Sr. Account
Manager
Name: Ed Title: Sr. Accoun t
Manager
We have authority to bind the Bank.
bLf-
SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-law No. 93-78 of The Corporation of the Town of Newcastle,
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 Town of Newcastle and the Regional Municipality of Durham, and being
comprised of Part of Lot 29, Concession 2 in the Town of Newcastle, Regional Municipality
of Durham, now designated as Part 1 on plan of survey deposited in the Land Registry
Office for the Land Registry Division of Durham (No. 40) (the "Land Registry Office") as
Plan 10R-3998 and Part 1 on plan of survey deposited in the Land Registry Office as Plan
40R-14869.
"
b)
SCHEDULE "B"
THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has'been
authorized and approved by By-law No. 93-78 of The Corporation of the Town of Newcastle,
enacted and passed the 31st day of May, 1993.
PLAN OF SUBDIVISION
(Insert reduction of Plan 18T.87092)
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PROPOSED
DRAFT PLAN FOR
PART OF LOT 29 , CONC2
TO\v'N OF NE\v'CASTLE
REGIONAL MUNICIPALITY or DURHAM
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67
Schedule "B"
-2-
(Insert reduction of the 40M Plan)
6..g_u-
18T-87D1I2
PLAN 4OM- ________
,PL,6f\f OF SUBDIVISION
or, PART or tOT 29. CONCESSIOII 2
GlOG!lAPttIC TOWNS'UP Of" DARUNG1Otl, no.. In tho
TOWN OF NEWCASTlE
REGIONAl. loIUNICIPAUTY or DURItAM
SCAlE 1: 1000
_ II!. 11 ,.
~-
IV
I CEAI!'Y f)tAl n., PlAN 4()l.f-____fS A(C'Sn.~tO
IN TI-I( l ANt" RlQlStRy OHI<:( rO'\ IH[ l""O nJUS
Dt\o1SlOH or DUAHAM (H.. .0) ,U ___ O'ClOC" ON
1li[ ___ OA'I' or u__._. ..__. AHa ["I(A[O IN Of(
MClSIlA tOR PAllen ________ .
SHilOH _____. AND R(QUIR(O COO<ISOHS AND
"'-'IOAVlI5 ARt IIlEGlSftlt(D AS PLAN DOC\IU(N' No
-"lMm- RtOfSIRAA' - -
W. JOHN BURG., OLS., 199J
.... "... ~.'!lfS or r....cfl ,. I. RC~ C(lOOI, 1 co.o.Itl.NG''''')
"'1IIC
Dt!OIAlrfCf S St~ ON n., f"l..H oUt( IN W( '"' S .aNI)
UH fill C<W\l(IIlflO 10 fU' ,r (lI101(lIHC Ity 0")41
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tit AmUGS ARt, ASIH(lHOW$C ANO AII[ It(rUttrC(D 10 lt1(
.. !\rrRl't' l"''' tV' ClIUAna ROAD AS SHfJIM\I ON
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I. LOIS 1 1082.10," ItIClUSI'4. n* 'IAU1S NAWLY "'VOUOAlF ttfll'.'I.,
fl(lOCft(SI A\l(HU( AHO SIAGfNASfl. C1tlSC(NI. IHf. 5'"(1' ~1IH1"O
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" NoI\II IIUN lollO llUl .. oIUooa...u ..... l>Jjf .....lIth(JI,.
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1, n.s SUR>,(Y AH() P\AN ARt CORR(ct AND IN ,eCOROAI<<:(
WlIfH ntt SlIt~TS 4CI ANa IH( LAND D1\.U 'e' AND hI(
RtCUlA nctG "AD( "* R(UHO(R.
t. 1\1( ""(US A.Rt HEAle. OIOltA1f.D 10 lnl: COHPORAUQN ($
IH( 10" r6 ..WCASIU 4S PUIIUC Hlnt.WAtS
YK SJII(U 'MD(NIffC IS "(I(,v DlOlCAf(D 10 I'H( Rr.QONA,L
utHOfIIAl"'" 01 OUIIHAW AS A f'ta.tC MOIWAY.
0' 'to '"l
280572 ONTARIO lID,
1. lH( SUR\olY WAS COWPL(TEO ON fH(
OA'( Of
. 191'
DAY (X
ft-t- .I'N( 55 Mt(P(0f" nl( CORPO'u no" 01' Of( IIt{QONAl
Wl/HtCIP,\lj1"t' Of DURlIAW HAS H(R(UtHO AfflnD tiS
$fAt ....~,.,y A"UttO
ntlS_.._ O~'( or ..__w_ .lPU
W. ..ou. OUlIIG
ONI ARtO lAND $URV( "OR
.1H1
041[
iiti:io..Ai - C,i:t.iii ,__,w
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DOIIEVAN fUlSCHllANN PETRICH l11).
ONTAI'IO l.AIIO SUA~VIlR'
UJJ .1~W :0100 SOJf'N :g= ~'l~~
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.---.-....- _____~__ __._._.'.._._____w_.._._____._____ ____.______._______.".____ ._ "__.______+._ .__._..
"
09
SCHEDULE "e"
THIS SCHEDULE IS SCHEDULE "e" to the Agreement which has been
authorized and approved by By-law No. 93-78 of The Corporation of the Town of Newcastle,
enacted and passed the 31st day of May, 1993.
CHARGES AGAINST LANDS
(1) Municipal Taxes
(2) Local Improvement Charges
(3) Drainage Charges
.'
70
SCHEDULE "D"
THIS SCHBDULB IS SCHBDULE "D" to the Agreement which has been
authorized and approved by By-law No. 93-78 of The Corporation ofthe Town of Newcastle, enacted
and passed the 31st day of May, 1993.
SCHEDULE OF PAYMENTS OF DEVELOPMENT CHARGES
Subject to paragraph 3.4(1) of the Agreement the Owner shall make the following
payments on account of Development Charges to the Town in respect ofthe development of the Lands
consisting of (111) single family dwellings; (110) semi-detached dwellings; (18) 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 one
million, one hundred sixty-seven thousand, five hundred and ninety-two dollars ($1,167,592.00)
payable as follows:
I. PHASE 1 OF THE DEVELOPMENT OF TilE LANDS
Phase 1 of the development of the Lands consists of 29 single family dwellings and 62 semi-
detached units. Subject to the adjustments referred to in paragraph 3.4(1) of this Agreement the
aggregate amount payable is four hundred forty-nine thousand, five hundred and forty dollars
($449,540.00) payable as follows:
(a) Twenty-five (25%) percent ofthe aforesaid aggregate amount being one hundred twelve
thousand, three hundred and eighty-five dollars ($112,385.00) on the filing of an
application for a building permit for the first (I st) 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 ofthe Total Dwellings, the Owner shall
pay with each application for a building permit for each lldditional 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 ofthe aforesaid aggregate amount being one hundred twelve
thousand, three hundred and eighty-five dollars ($112,385.00) 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 pennits for which applications are made in the
rrrst(lst) year following the making ofthe First Application exceeds fifty (50%) percent
of the Total
"
lif
. '
Schedule "D"
-5-
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 PaymentU).
(c) Twenty-five (25%) percent of the aforesaid aggregate amount being one
hundred twelve thousand, three hundred and eighty-five dollars ($112,385.00)
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 (20 year following the making of the First
Application exceeds seventy-five (75% ) percent of the Total Dwellings, the
Owner shall pay with each application for a building permit for each
additional dwelling a further additional amount equal to the amount of the
development charge imposed by the Development Charge By-law for the
additional dwelling or dwellings in question (the "Third Excess Payment").
(d) Twenty-five (25%) percent of the aforesaid aggregate amount being one
hundred twelve thousand, three hundred and eighty-five dollars ($112,385.00)
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.
II. PHASE SUBSEOUENT TO PHASE 1 OF THE DEVELOPMENT OF THE
LANDS
(a) Twenty-five (25%) percent of the aggregate amount in respect of dwellings proposed
for each Phase Subsequent to Phase 1 of the Development of the Lands on the filing
of an application for a building permit for the first (1st) dwelling proposed to be
constructed on the Lands (the "First Application"), provided that if the number of
building permits for which applications are made in the first (1st) year following the
making of the First Application exceeds twenty-five (25%) percent of the Total
Dwellings, the Owner shall pay with each application for a building permit for each
additional dwelling a further amount equal to the amount of the Development
Charge imposed by the Development Charge By-law for the additional dwellings in
question (the "First Excess Payment").
(b) Twenty-five (25%) percent of the aggregate amount in respect of dwellings
proposed for each Phase Subsequent to Phase 1 of the Development of the
"
12-
Schedule "D"
-6-
Lands, less an amount equal to the First Excess Payment, if any, on the first
(1st) anniversary of the First Application, provided that if the number of
building permits for which applications are made in the first (1st) year
following the making of the First Application exceeds fifty (50%) percent of
the Total Dwellings, the Owner shall pay with each application for a building
permit for each additional dwelling a further amount equal to the amount of
the Development Charge imposed by the Development Charge By-law for the
additional dwelling or dwellings in question (the "Second Excess Payment").
(c) Twenty-five (25%) percent of the aggregate amount in respect of dwellings
proposed for each Phase Subsequent to Phase 1 of the Development of the
Lands, less an amount equal to the aggregate of the First Excess Payment and
the Second Excess Payment, if any, on the second (2nd) anniversary of the
First Application, provided that if the number of building permits for which
applications are made in the second (20 year following the making of the First
Application exceeds seventy-five (75%) percent of the Total Dwellings, the
Owner shall pay with each application for a building permit for each
additional dwelling a further additional amount equal to the amount of the
development charge imposed by the Development Charge By-law for the
additional dwelling or dwellings in question (the "Third Excess Payment").
(d) Twenty-five (25%) percent of the aggregate amount in respect of dwellings
proposed for each Phase Subsequent to Phase 1 of the Development of the
Lands, 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.
.'
13
SCHEDULE "E"
THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been
authorized and approved by-law No. 93-78 of The Corporation of the Town of Newcastle,
enacted and passed the 31st day of May, 1993.
PHASE lA
(1) On the execution of this Agreement, the Owner shall deliver to the Town transfers
of the following easements:
a) Rear yard catchbasins and storm sewers:
Parts 1 and 2 on Plan 40R _
Parts 3 and 4 on Plan 40R _
(Lots 1 and 2)
(Lots 7 and 8)
b) Storm sewer routes:
Parts 1, 2, 3 and 5 on Plan 40R _'
(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 to the Town any turning circle(s) required by the conditions
of approval of the draft Plan of Subdivision in accordance with the Town's Design
Criteria and Standard Drawings and shall construct and maintain such turning circles
in accordance with the Town's Design Criteria and Standard Drawings. Such
temporary turning circles shall be shown on the 40M Plan as a block and shall be
7L{-
Schedule "E"
-2-
held by the Town until the extension of Fieldcrest Avenue at which time the block
shall be conveyed without charge to the owners of the abutting lots.
Parts 5, 6, 7 and 8 on Plan 40R _'
(Fieldcrest Avenue at Lots 44, 45,
58 and 59)
(5) Temporary turning circle easements shall be transferred to the Owner of the abutting
lots at such time as the temporary turning circle(s) is removed and the roadway
extended through for a nominal consideration.
(6) The Owner shall transfer or cause to be transferred to the Town any easements for
the disposal of storm water from the said Lands which are required by the Director
which are external to 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 2.6 of this
Agreement shall apply with all necessary changes to them being considered to have
been made to give effect to the extent of this provision.
(7) Easements within each Phase Subsequent to Phase 1 of the Development of the
Lands as may be required by and to the satisfaction of the Director, shall be
transferred by the Owner to the Town prior to the registration against title of the
40M Plan of Subdivision for the Phase in question. 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. Prior to the registration of
the transfer(s) of such easements against the title to the applicable Lands, the Owner
agrees with the Town that it will not require the issuance of building permits for the
construction of buildings or structures on the portion of the Lands within the 40M
Plan of Subdivision in question.
'f;}. ::r"JVa.
,
~l~~..,pf SlJRVrV
(i(('IGH..........:;_ ,~~:: :0 JO. CONClSSION I
TOWlI IW NEWc"'S~E"Il- -.....
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'Pl!AN 'OF SURVEY
OF PART 'Of lOT 44 AND 511
REGISTERED Pl~ 401.l-
AND COMPILED PLAN
OF PART OF lOTS I, 2, 7, 8, 45 AND S8
REGISTERED PlAN 4OU-
TOWN OF NEWCASTLE
REGIONAl IAUNIClPAUTY Of DURHAM
SCAlE 1: 1000
.~, 'Nt'''' ..... -...
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IV
~~_-.- -i--
W. JOHN BURG., O.l.S., 111113
IC1llIC
OIIINC1.:S ..,... ON HI "'l.AH AlII .. MUM' AND
CMf . QOHI,(II'IU to rat IV ........ I' 0.....
"CAU11ClN"
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1M( ICAHIHO f11 DC ~ ACt.
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.~ MIl ","'0H(lI..C MCJ ",. ftITtlIIRED to nc
lrK_lICIIlY uwt lIT f1I[U)C:CST AWlM: AI SHOWitI ClN ,.QSrtRtD
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l'I.IlI 1, "1. A'" IOH.. 3998
PAAClL 21 -2, SlcnOM CON. 2 (O_'ON)
--
PART 3
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PART 4
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SURVEYOR'S CERTIfICATE
lJ!.!.'!5. ::..ou:..U
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"
SCHEDULE "F"
THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has'been
authorized and approved by By-law No. 93-78 of The Corporation of the Town of Newcastle,
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
(a) The Owner shall deliver to the Town in a form satisfactory to the Town's
Solicitor, transfers in fee simple absolute the following lands shown on draft
Plan of Subdivision 18T-87092 in respect of Phase 1 of the Development of
the Lands (Sub-Phase lA):
(i) Block 184
- Park
(ii) Blocks 64 (Noondale Drive) and 66 (Stagemaster Cresecent) on the
40M Plan.
- 0.3m reserves
(b) The Owner shall deliver to the Town in a form satisfactory to the Town's
Solicitor transfers in fee simple absolute of the following Lands shown on the
40M Plan in respect of Phase 1 of the Development of the Lands (Sub-Phase
IB):
(i) Block 65 (Stagemaster Crescent) on the 40M Plan
- 0.3m reserves
(2) Cash in Lieu of Lands for Park or Other Public Recreational Purposes
The Owner acknowledges and agrees that it will not require any payment,
compensation or credit under any statute, by-law or rule of either law or equity as
a result of the Owner's dedication of a portion of the Lands for park purposes which
may have an area in excess of five (5%) percent of the area of Lands,
"
-zg
SCHEDULE "G"
THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has'been
authorized and approved by By-law No. 93-78 of The Corporation of the Town of Newcastle,
enacted and passed the 31st day of May~ 1993.
WORKS REOUIRED
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:
(1)(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, catch basins and rear yard catchbasins and leads, open
channels, storm outfalls and structures and any other appurtenances and oversizing
as may be required (the "Storm Sewer System").
(b) A stormwater management system consistent with the "Master Drainage Plan",
complete with overland flow routes, detention and retention facilities, quality control
devices, outlets, erosion and sedimentation control measures and any other necessary
facilities as required (the "Stormwater Management System").
(c) A road system with accommodates the servicing of the Lands, providing for all
vehicular and pedestrian traffic and access to all lots and blocks within the Lands,
including the removal or installation ofturning circles, and the Works required within
the road, including suitable subgrade, subbase and base granular materials, subdrains,
base and top stage curbs and gutters, base and surface asphalt, traffic control and
street name signs and sidewalks and all streetscape components including street trees,
boulevard topsoil and sodding, street lighting, gravel driveway aprons, and where
sidewalks exist, gravel driveway aprons with paved surfaces between curb and
sidewalk (the "Road System").
(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").
(e) Related Works including grading, landscaping, fencing, noise attenuation measures,
r
"
(~
Schedule "G"
-2-
walkways (including lighting) and other miscellaneous Works shown on the
Engineering Drawings and Grading and Drainage Plan (the "Related Works")
STAGING OF THE WORKS
The Works shall be divided into the following stages, unless approved by the Director:
(2) INITIAL WORKS
Storm Sewer System including all appurtenances;
initial roadworks including subgrade, subbase and base granular materials, subdrains,
base curbs, base asphalt, traffic control and street name signs of the Road System;
grading and siltation control; and
noise attenuation fencing (collectively called the "Initial Works").
(3) STORMWATER MANAGEMENT SYSTEM
(4) STREET LIGHTING SYSTEM
(5) FINAL WORKS
final roadw~rks including top curbs and gutters, surface asphalt, sidewalks, street
trees, boulevard topsoil and sodding and driveway aprons of the Road System; and
landscaping works, fencing, walkways and any remaining works not outlined In
paragraphs (2), (3) and (4) of Schedule "G".
"
g-o
SCHEDULE "H"
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has 'been
authorized and approved by By-law No. 93-78 of The Corporation of the Town of Newcastle,
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, provision and installation of a telephone system to serve the said Lands,
as approved by the Director. All telephone services are to be installed underground.
3. 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
and installation of ~ complete cable television distribution system to serve the said
"
~t
Schedule "H"
-2-
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.
.'
'b"'~
SCHEDULE "I"
THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been
authorized and approved by By-law No. 93-78 of The Corporation ofthe Town of Newcastle,
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.
, "
<[;3
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", "R", "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, restaking.
(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 "L" of this Agreement.
(d) To provide co-ordination and scheduling of the construction and installation
of the Works in accordance with the timing provisions contained in this
. ~ I'
VF
Schedule "I"
-3-
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
provided that the as-constructed drawings shall be prepared to the satisfaction of the
Director.
t - I'
'CS
SCHEDULE ".T"
THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has 'been
authorized and approved By-law No. 93-78 of The Corporation of the Town of Newcastle,
enacted and passed the 31st day of May, 1993.
WORKS COST ESTIMATES
PHASE 1 OF THE DEVELOPMENT OF THE LANDS (SUB-PHASE lA)
1. INITIAL WORKS
a. Storm Sewer System $ 505,354.99
b. Erosion Protection Works $ 7,775.01
c. Initial Roadworks $ 121,300.00
d. Grading and Siltation Control $ 200,000.00
e. Noise Attenuation Fencing $ 7,000.00
2. STORMWATER MANAGEMENT SYSTEM $ 0.00
3. STREET LIGHTING SYSTEM $ 10,800.00
4. FINAL WORKS
a. Final Roadworks $ 85,630.00
b. Boulevard and Driveway Works $ 38,500.00
c. Street Trees $ 16,250.00
Sub-total
$ . 992,610.00
$ 49.630.50
5% Contingency Allowance
Sub-total
10% Engineering Allowance
$ 1,042,240.50
$ 104.224.05
Sub-total
$ 1,146,464.55
$ 80.252.52
G.S.T. Allowance
Total Estimated Value of the Works:
$ 1,226,717.07
$ 1.226.717.07
Total Amount of Performance Guarantee:
. "' "
'{;b
Schedule "J"
-2-
PHASE 1 OF THE DEVELOPMENT OF THE LANDS (SUB-PHASE IB)
1. INITIAL WORKS
a. Storm Sewer System $ 121,540.00
b. Erosion Protection Works $ 0.00
c. Initial Roadworks $ 83,676.00
d. Grading and Siltation Control $ 20,000.00
e. Noise Attenuation Fencing $ 0.00
2. STORMWATER MANAGEMENT SYSTEM $ 0.00
3. STREET LIGHTING SYSTEM $ 8,400.00
4. FINAL WORKS
a. Final Roadworks $ 56,040.00
b. Boulevard and Driveway Works $ 18,800.00
c. Street Trees $ 11,375.00
Sub-total $ 319,831.00
5% Contingency Allowance $ 15.991.55
Sub-total $ 335,822.55
10% Engineering Allowance $ 33.582.26
Sub-total $ 369,404.81
G.S.T. Allowance $ 25.858.34
$ 395,263.15
Total Estimated VFllue of the Works:
Total Amount of Performance Guarantee: $ 395.263.15
PHASES SUBSE~UENT TO PHASE 1 OF THE DEVELOPMENT OF THE LANDS
PERFORMANCE GUARANTEE
The Performance Guarantee for the Works shall be based on the preliminary
Works Cost Estimates which have been submitted to the Director by the Owner's Engineer
and approved by the Director. When the Engineering Drawings and the Landscaping Plan
have been approved by the appropriate Director as is required by this Agreement, a revised
Works Cost Estimates for the construction and installation of Works shall be prepared by
the Owner's Engineer and submitted to the Director for approval. The revised Works Cost
I ~ ,t
Schedule "J"
-3-
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.
<{7
II ... ~ t
<i~
SCHEDULE "K"
THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been
authorized and approved by-law No. 93-78 of the Corporation of the Town of Newcastle,
enacted and passed the 31st day of May, 1993.
INSURANCE REOUIRED
1. 1YPES 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 "K"
-2-
2. AMOUNTS OF COVERAGE REOUIRED
Policy or policies of insurance shall be issued jointly in the names of the
Owner and the Town and shall provide the following minimum coverages for five
million ($5,000,000.00) dollars for all damage arising out of one (1) accident or
occurrence or series of accidents or occurrences.
The issuance of such policy or policies of insurance or the acceptance of it or
them by the Town shall not be construed to relieve the Owner from responsibility for
other or larger claims for which it may be held responsible.
3. EXEMPTION OF COVERAGE PROHIBITED
The policy or policies of insurance shall contain no coverage exemptions or
limitations for:
(a) any shoring, underpinning, raising or demolition of any building or structure;
(b) any pile driving or caisson work;
(c) any collapse or subsidence of any building, structure or land from any cause;
or
(d) any storage, handling or use of explosives in cases in which the Owner is
required to obtain the Director's permission to carry out a blasting operation
under Schedule ilL" 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.
. .
qa
SCHEDULE "L"
THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been
authorized and approved by By-law No. 93-78 of The Corporation of the Town of Newcastle,
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 shaH not remove any topsoil from the said Lands except for
construction purpose and such topsoil must remain within the limits of the said
Lands.
'" :1
~\
Schedule "L"
-2-
6. DUMPING OF FILL OR DEBRIS
The Owner agrees to neither dump, or permit to be dumped, any fill or
debris, on nor to remove, or permit to be removed any fill from any lands to be
dedicated to the Town other than the roads within the limits of the said Lands,
without the written consent of the Director.
7. DISPOSAL OF CONSTRUCTION GARBAGE
The Owner shall remove and dispose of all construction garbage and debris
from the said Lands in an orderly and sanitary fashion in a dump site off the said
Lands and approved by the Director. The Town shall not be responsible for the
removal or disposal of garbage and debris. The Owner shall deliver a copy of this
provision to each and every builder obtaining a building permit for any part of the
said Lands and to ensure that no burning of construction garbage or debris is
permitted on the said Lands. Without derogating from the foregoing provisions of
this paragraph, if the Owner fails to remove construction garbage or debris from the
Lands for a period of three (3) consecutive days following the giving of written notice
by the Director to the Owner requiring it to do so, the Director may cause the
construction garbage or debris to be removed to and disposed of in the aforesaid
dumping site at the expense of the Owner. Forthwith after the Director gives written
notice to the Owner requiring it to pay for the costs incurred in removing and
disposing of the construction garbage or debris, the Owner shall pay the Town the
amount of money for it is invoiced.
8. QUALITATIVE AND OUANTITATIVE TEST~
(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 shaH 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, shaH issue a certificate in a form acceptable to the Director,
confirming, based on the location, frequency and type of tests and monitoring
... (I
q~
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 instaHed 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, aH of the storm sewers, and where deemed necessary by the
Director, all catch basin 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, catch basin lead, rear yard catch basin lead or service
connection and that aH associated costs shaH 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 shaH not commence placement of base asphalt paving later than
December 1st and shall 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 shaH, at aH times during the life of this Agreement ensure that
during any construction on the said Lands, aH public highways abutting the said
. <'
~~
Schedule "L"
-4-
Lands and aH 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 aH 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 aHowance
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 shaH remove any contamination of
the granular base course and repair and replace such base course, where necessary,
to the approval of the Director, in order that the construction of such road shall not
have suffer~d due to any use of the granular base course. as a temporary road.
Similarly, prior to the placement of the surface of asphalt on any road
required to be constructed under this Agreement, the Owner shall clean the base
course of asphalt and repair and replace such base course where necessary.
Until the roads within the 40M Plan are assumed by the Town, the Owner
shall maintain all internal roads in a condition acceptable to the Director, and shall
ensure these roads are free of dust and mud.
13. WEED AND RAT CONTROL
After the commencement of construction the Owner shall institute upon the
Lands a program of weed and rat control to the satisfaction of the Director. .
l\'1--
SCHEDULE "M"
THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has 'been
authorized and approved by By-law No. 93-78 of The Corporation ofthe Town of NewcastJe,
enacted and passed the 31st day of May, 1993.
USE OF THE LANDS
The Owner agrees that the said Lands shaH not be used for the purpose other
than as set out in the following table:
LOT OR BLOCK NUMBER
ON PLAN 18T-87092
PERMITTED LAND USE
Lots 1 to 168
Residential, single family and semi-
detached units
Blocks 169, 170, 171, 172
Townhouse units
Blocks 173 to 182 inclusive and 185
Blocks shall be developed in
conjunction with the development
of adjacent Lands and until
developed shall be maintained by
the Owner in a reasonable
condition
Block 183
Block 184
Block 186, 187
Block 190
School
Park
0.3m reserve
Road widening
. ,
~S.
SCHEDULE "N"
THIS SCHEDULE IS SCHEDULE "Nil to the Agreement which has 'been
authorized and approved by By-law No. 93-78 of The Corporation of the Town of Newcastle,
enacted and passed the 31st day of May, 1993.
LANDS UNSUITABLE FOR BUILDING
The Owner agrees that no application will be made for a building permit for
the erection of any structure on the Lands listed in the foHowing 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 18T-87092
LAND USE
Blocks 173 to 182 inclusive and 185
See Schedule "M"
Lots 32, 33, 111 to 113, 122 to 125,
142 to 145, 162, 163
The Owner shall not require or cause
or suffer any person to require
building permits to be issued until
such time as the streets abutting
said lots/blocks are extended and
completed to full urban standards
to the satisfaction of the Director.
. .)
,\b
SCHEDULE "0"
THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has 'been
authorized and approved by By-law No. 93-78 of The Corporation ofthe Town of Newcastle,
enacted and passed the 31st day of May, 1993.
LAND REOUIRING 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 foHowing table until a Site Plan Agreement has been entered into with
the Town and the building permit complies in aH respects with the terms of the Site Plan
Agreement.
LOT OR BLOCK NUMBER
ON 18T-87092
Block 172
Townhouse units
. ..
ql
SCHEDULE "Q"
THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has 'been
authorized and approved by By-law No. 93-78 of The Corporation of the Town of Newcastle,
enacted and passed the 31st day of May, 1993.
CONSERVATION AUTHORITY'S WORKS
1. That prior to commencement of site preparation, including any filling, grading or
construction of services, the Owner shall obtain Central Lake Ontario Conservation
Authority approval of:
a) site grading plans, which detail tOO-year overland flow routing and indicate
conformity with the recommendations of the Robinson Creek Master
Drainage Plan;
b) erosion control plans which provide for the on-site containment of sediment
during the grading and construction phases of development; and
c) a detailed hydrogeologic report which assesses the servicing scheme for the
plan and provides site specific recommendations to mitigate potential impacts
on the flow of groundwater.
2. That the Owner shall contribute towards remedial erosion control works on the Black
Creek, to the satisfaction of the Town of Newcastle and the Central Lake Ontario
Conservation Authority.
3. That the Owner agrees to carry out or cause to be carried out to the satisfaction of
the Central Lake Ontario Conservation Authority:
i) site grading, servicing, sediment control, and major overland flow routing;
ii) the recommendations of the Robinson Creek Master Drainage Plan and the
hydrogeologic report as they pertain to this site; and
Hi) the erosion control compensation program for the Black Creek referred to
in condition 2 above.
, ..
9~~
SCHEDULE "R"
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has 'been
authorized and approved by By-law No. 93-78 of The Corporation of the Town of Newcastle,
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.
. .
q~
SCHEDULE "S"
THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has 'been
authorized and approved by By-law No. 93-78 of The Corporation of the Town of Newcastle,
enacted and passed the 31st day of May, 1993.
REGION'S CONDITIONS OF APPROVAL DATED .JANUARY 22,1993
AS AMENDED ON APRIL 26, 1993, JUNE 17. 1993 AND JULY 1993
1. That this approval applies to draft Plan of Subdivision IBT-87092, prepared by D.G.
Biddle & Associates Limited, identified as project number 92016, revised and dated
February 9, 1990, showing 113 lots for single detached dwellings, 55 lots for semi-
detached or link dwellings (110 units), Blocks 169 to 171 for 18 street townhouse
units, Block 172 for 61 townhouse units, Block 184 for park purposes, Block 183 for
school purposes, and various blocks for future development, O.3m reserve, road
widening, sight triangle, etc.
2. That the Owner shall dedicate the road allowances included in this draft Plan as
public highways on the final plan.
3. That the road aHowances included in this draft Plan shaH be named to the
satisfaction of the Region and the Town of Newcastle.
4. That any deadends, and/or open sides of road anowances created by this draft Plan
shaH be terminated in 0.3, reserve(s) to be conveyed to the Town of Newcastle.
5. That the Owner shan convey land to the Town of Newcastle for park or other public
recreational purposes in accordance with The Planning Act, as amended.
Alternatively, the municipality may accept cash-in-lieu of such conveyance.
6. That the Owner shan grant such eas<?ments, road widenings and reserves as may be
required for utilities, drainage and servicing purposes to the appropriate authorities.
7. That the Owner shall convey, free and clear of an encumbrances, a 3.048m road
anowance widening across the total frontage of the subdivision on Regional Road 34,
shown as Block 190 on the draft plan to the Region of Durham.
,
8. That the Owner shan convey, free and clear of an encumbrances, a O.3m reserve on
the Courtice Road frontage shown as Blocks 186 and 187 to the Region of Durham.
9. That the Owner shall convey free and clear of all encumbrances, a 20m x 7m sight
triangle at Street "A" and Courtice Road intersection to the Region of Durham.
to, That the land uses shown on the approved draft Plan shan be placed in appropriate
zoning categories in a Zoning By-law passed by the Council of the Town of
Newcastle in accordance with the provisions of the Planning Act, R.S.O. 1990, c.P.13.
11. That the Owner shan retain a qualified landscape architect to prepare and submit
a Landscaping Plan to the Town of Newcastle for review and approval. The
Landscape Plan shan reflect the design criteria of the Town, as amended.
12. That the Owner shall retain a qualified Engineer to prepare and submit a
Hydrogeologist Report to the Town of Newcastle demonstrating that the proposed
development will not adversely impact the existing wells in the surrounding areas.
13, That the Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Town of Newcastle for review and approval.
. .
{f> ~
Schedule "S"
-2-
All plans and drawings must conform to the Town's Design Criteria as amended from
time to time.
14. That the Owner shall retain a qualified consultant to prepare and submit a Tree
Preservation Plan to the Town of Newcastle for approval.
15. That the Owner shall agree in the Town's Subdivision Agreement that temporary
turning circles be constructed at the terminus of streets "A", "B", "C', "F' and "G".
16. That the Owner shall agree in the Town's Subdivision Agreement that building
permits will not be issued by the Town for the lots abutting the temporary circles
(lots 111 to 113, 122 to 125, 142 to 145, 162 and 163) until such time as the streets
are extended and completed to full urban standards.
17. That the Owner shall agree in the Town's Subdivision Agreement that where the well
or private water supply of any person is interfered with as a result of construction or
the development of the subdivision, the Owner shaH, at his expense, either connect
the affected party to a municipal water supply system or provide a new well or
private water system so that the water supplied to the affected party shall be of a
quantity and quality at least equal to the quantity and quality of water enjoyed by the
affected party prior to the interference.
18. That the Owner shan agree in the Town's Subdivision Agreement to implement the
recommendations of the Acoustic Report entitled "Noise Impact Study", prepared by
G.M. Sernas & Associates Ltd., dated August 1989, including the addendum dated
November 2, 1992, which specifies the necessary noise attenuation measures for the
proposed development, and that noise measures be included in the Subdivision
Agreement between the Owner and the Town of Newcastle. The said agreement
must also contain a fun and complete reference to the noise report (i.e. author, title,
date and any revisions thereto) and shall include any required warning clauses
identified in the acoustic report.
19. That the Owner shan agree in the Town's Subdivision Agreement that prior to the
issuance of building permits, the Owner shall, through its acoustic engineer, provide
certification to the Town of Newcastle, that the Builder's plans are in accordance
with the Acoustic Report as approved by the Ministry of the Environment, Region
of Durham ,and the Town of Newcastle.
20, That prior to commencement of site preparation, including any filing, grading or
construction of services, the Owner shall obtain Central Lake Ontario Conservation
Authority approval of:
a) site grading plans, which detail tOO-year overland flow routing and indicate
conformity with the recommendations of the Robinson Creek Master
Drainage Plan;
b) erosion control plans which provide for the on-site containment of sediment
during the grading and construction phases of development; and
c) a detailed hydrogeologic report which assesses the servicing scheme for the
plan and provides site specific recommendations to mitigate potential impacts
on the flow of groundwater.
21. That the Owner shall contribute towards remedial erosion control works on the Black
Creek, to the satisfaction of the Town of Newcastle and the Central Lake Ontario
Conservation Authority.
. .
(() ,
Schedule "8"
-3-
22. That prior to anyon-site grading or construction, the Owner shaH obtain Ministry of
Natural Resources approval of the reports describing:
a) the means whereby erosion and sedimentation and their effects will be
minimized on the site during construction. These means should be in
accordance with the Provincial "Guidelines on Erosion and Sediment Control
for Urban Construction". Supporting technical documentation should also be
submitted which meets or exceeds standards in the Technical Guidelines _
Erosion and Sediment, February 1989, published by the Ministry of Natural
Resources.
b) site soil conditions, including grain size distribution profiles; and
c) site grading plans.
23. That the Owner shaH submit to the Ministry of the Environment a report, prepared
by a qualified consultant, on additional sampling in the vicinity of test pit No.9 to
determine the fuH extent of molybdenum soil contamination. The consultant's report
should delineate the area and extent of the contamination and include a clear set of
recommendations for the removal and final disposition of the contaminated soil.
24. That the Owner shall submit a drainage engineering plan/report acceptable to the
Manager, Transportation Corridor Management Office, Ministry of Transportation,
detailing how surface water will be managed on and conveyed from the site.
25. That the Owner shaH enter into a written agreement with the Northumberland and
Newcastle Board of Education which provides for the arrangement for the acquisition
of Block 183 of the approved plan for a school site.
26. That the Owner shaH provide to the satisfaction of the Northumberland and
Newcastle Board of Education, information concerning the grading plan for the
school site on Block 183.
27. That the Owner shaH satisfy aH requirements, financial and otherwise, of the Town
of Newcastle. This shaH include, among other matters, the execution of a Subdivision
Agreement between the Owner and the Town of Newcastle concerning the provision
and instaHation of roads, services, drainage and other local services.
28. 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.
29. That the Owner shall satisfy aU 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 instaHation of sanitary sewers, water supply, roads and
other regional services.
30. That the Subdivision Agreement between the Owner and the Town of Newcastle
shall contain, among other matters, the following provisions:
a) That the Owner agrees to carry out or cause to be carried out to the
satisfaction of the Central Lake Ontario Conservation Authority:
i) site grading, servicing, sediment control, and major overland flow
routing;
r .
to 1-
Schedule "S"
-4-
ii)
the recommendations of the Robinson Creek Master Drainage Plan
and the hydrogeologic report as they pertain to this site; and
Hi)
the erosion control compensation program for the Black Creek
referred to in condition 21.
b) That the Owner agrees to maintain all erosion and sedimentation control
structures operating and in good repair during the construction period, in a
manner satisfactory to the Ministry of Natural Resources.
c) That the Owner agrees to notify the appropriate Ministry of Natural
Resources office at least 48 hours prior to the initiation of anyon-site
development.
d) That the Owner agrees to carry out the works approved by the Ministry of
Natural Resources under Condition 22.
e) That the Owner agrees that during excavation, an engineer shall be one site
to document the volumes of soils removed and final location of these soils.
f) That the Owner agrees that any material encountered that is not inert fill, as
defined in Section 34, Ontario Regulation 309, shall be removed from the site
and disposed of at a landfill site licensed to received such material.
g) That the Owner agrees to insert the following clause into the agreement of
purchase and sale for lots 155-163 and Blocks 169 and 172:
"That purchasers are advised that noise levels may be of
concern occasionally interfering with some activities of the
dweUing occupants.'.
h) That the Owner agrees to carry out the works approved by the Ministry of
Transportation under Condition 24.
31. That prior to final approval of this plan for registration, the Commissioner of
Planning for the Regional Municipality of Durham shall be advised in writing by:
a) the Town of Newcastle, how Conditions 1, 2, 3, 4, 5, 6, to, 11, 12, 13, 14, 15,
16, 17 18, 19 and 27 have been satisfied;
b) the Central Lake Ontario Conservation Authority, how Conditions 20, 21 and
30a) have been satisfied;
c) the Ministry of Natural Resources, how Conditions 22, 30b) 30c) and 30d)
have been satisfied;
d) the Northumberland and Newcastle Board of Education, how Conditions 25
and 26 have been satisfied;
e) the Ministry of the Environment, how Conditions 23, 30e), 30f) and 30g) have
been satisfied; and
f) the Ministry of Transportation, how Conditions 24 and 30h) have been
satisfied.
. ,
SCHEDULE liT"
THIS SCHEDULE IS SCHEDULE "T" to the Agreement which has 'been
authorized and approved by By~law No. 93-78 of The Corporation ofthe Town of Newcastle,
enacted and passed the 31st day of May, 1993.
TREE PRESERVATION PLAN
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SCHEOULE "un
TillS SCHEDULE IS SCHEIlULE "un to the Agreement which has been
authorized and approved by By-law No. 93-78 of The Corporation of the Town of Newcastle,
enacted and passed the 31st day of May, 1993.
llANDSCAPING PLAN
(See Attached)
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SCHEDULE "V"
THIS SCHEDULE IS SCHEDULE "V" to the Agreement which has been
authorized and approved by By-law No. 93-78 of The Corporation of the Town of Newcastle,
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 obtain
Ministry of Natural Resources approval of the reports describing:
a) the means whereby erosion and sedimentation and their effects will be
minimized on the site during construction. These means should be in
accordance with the Provincial "Guidelines on Erosion and Sediment
Control for Urban Construction". Supporting technical documentation
should also be submitted which meets or exceeds standards in the
Technical Guidelines - Erosion and Sediment, February 1989,
published by the Ministry of Natural Resources.
b) site soil conditions, including grain size distribution profiles; and
c) site grading plans.
2. That the Owner agrees to maintain all erosion and sedimentation control
structures operating and in good repair during the construction period, in a
manner satisfactory to the Ministry of Natural Resources.
3. That the Owner agrees to notify the appropriate Ministry of Natural
Resources office at least 48 hours prior to the initiation of anyon-site
development.
4. That the Owner agrees to carry out the works approved by the Ministry of
Natural Resources under Condition 1 above.
B. NORTHUMBERLAND AND NEWCASTLE BOARD OF EDUCATION
1. That the Owner shall enter into a written agreement with the Northumberland
and Newcastle Board of Education which provides for the arrangements for
the acquisition of Block 182 of the approved plan for a school site.
2. That the Owner shall provide to the satisfaction of the Northumberland and
Newcastle Board of Education, information concerning the grading plan for
the school site on Block 182.
C. MINISTRY OF THE ENVIRONMENT
1. That the Owner shall submit too the Ministry of the Environment a report,
prepared by a qualified consultant, on additional sampling to the vicinity of
test pit No.9 to determine the full extent of molybdenum soil contamination.
The consultant's report should delineate the area and extent of the
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Schedule "Y"
-2-
contamination and include a clear set of recommendations for the removal
and final disposition of the contaminated soil.
2. That the Owner agrees that during excavation, an engineer shall be on site to
document the volumes of soils removed and final location of these soils.
3. That the Owner agrees that any material encountered that is not inert fill, as
defined in Section 34, Ontario Regulation 309, shall be removed from the site
and disposed of at a landfilJ site licensed to received such material.
4. That the Owner agreed to insert the following clause into the agreement of
purchase and sale for lots 152-160 and Blocks 166 and 169:
"That purchasers are advised that noise levels may be of
concern occasionally interfering with some activities of the
dwelling occupants."
D. MINISTRY OF TRANSPORTATION
1. That the Owner shaH submit a drainage engineering plan/report acceptable
to the Manager, Transportation Corridor Management Office, Ministry of
Transportation, detaiJing how surface water wilJ be managed on and conveyed
from the site.
2. That the Owner agrees to carry out works approved by the Ministry of
Transportation under Condition Dl above.
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SCHEDULE "W"
THIS SCHEDULE IS SCHEDULE "W" to the Agreement which has 'been
authorized and approved by By-law No. 93-78 of The Corporation of the Town of Newcastle,
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) Dwenings sited at corners require fun height masonry products on all elevations.
2. COLOURS:
(a) Colours of bricks, siding, roofs and trims must be compatible and in harmony such
as earth tone range, pastel range, grey/black range etc.
(b) Where bricks are used, coloured mortar is required.
(c) Accent colour bricks for brick detailing is permitted provided if used consistently in
group of dwelJings.
(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) dwelJings 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.
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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 dweUings 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 wi)) not be permitted.
(c) The Owner shall encourage the builder of dwellings to vary siting and setback of
dwellings.
(d) The above standards are minimum standards and builders are encouraged to exceed
the standards as long as the objective of creating attractive and aesthetically pleasing
appearance is achieved.
TO:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(the "Municipality")
AND TO:
SHIBLEY RIGHTON, their solicitors herein)
RE:
290572 Ontario Limited (" the Company"), Subdivision
Agreement (the "Agreement") with the Municipality, Plan of
Subdivison No. 1BT-B7092
CERTIFICATE OF TITLE
I, LARRY ALLAN YANCH, a Solicitor of the Ontario Court, do certify
that:
a) The Company is the sole owner in fee simple of all land described
as Part of Lot 29, Concession 2, Municipality of Clarington,
Regional Municipality of Durham, now designated as Part 1 on plan
of survey deposited in the Land Registry Office for Land Registry
Division of Durham (No. 40) (the "Land Registry Office") as Plan
10R-3998 and Part 1 on plan of survey deposited in the Land
Registry Office as Plan 40R 1486Y.
(the "Lands"); and
b) there are no mortgages or other encumbrances on the Lands except
as have postponed their interest to the Agreement. and the Subdivision
Agreement and Easements with the Regional Municipality of Durham.
This certificate is given by me to the Municipality for the purpose
of having the Municipality rely upon it and to act on it in approving
and executing the Agreement for the said Plan 18T-87092.
DATED at Oshawa this 12th day of Novem1;>..er, 1993.
-,..--
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LARRY ALLAN YANCH, Solicitor
,..
~ Province
~V~Of
~ Ontario
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New Property Identifiers
Additional:
See D
Schedule
Executions
Additional:
See
Schedule
(8) This Document provides as follows:
Inhibiting Order Attached
DYE & DURHAM co. LIMITED
Form No. 985
Document General
o
Form 4 - Land Registration Reform Act
Amended NOV. 1992
(1) Registry D
(3) Property
Identlfler(s)
Land Tilles ~ T (2) Page 1 of ~ pages
Block Property
)
Additional:
See D
Schedule
(4) Nature of Document
APPLICATION BY THE MUNICIPALITY FOR INHIBITING
ORDER (Section 23 of the Land Titles Act)
(5) Consideration
Dollars $
(6) Description
Part of Parcel Plan 1, Section 40M- l ("{ \..-.7
as to Part of Lots 1, 2, 7, 8, 44, 45, 58, 59 and all of Block
64, 65, 66, Plan 40M- t 1"+k , Municipality of Clarington,
Regional Municipality of Durham.
D
(7) This
Document
Contains:
D
Additional
Description D Parties D Other kJ,
(a) Redescription
New Easement
Plan/Sketch
(b) Schedule for:
Continued on Schedule D
I (9) This Document relates to Instrument number(s) )
(10) Party(les) (Set out Status or Interest)
Name(s) Signature(s) Date of Signature
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..... .THE.CORP.ORATION.OF.ll:IE........... ~e.r;... (?'. ?:.~...... .1.,~.cl! I!( .1//).
MUNICIPALITY OF CLARINGTON, j :
. . . . . . BY ITS SOLICITORS; 'Shibley . Right-on . . . . . Nicholas 1-'.' Maoos . . . . . . . . . . . . . . . . . '1' . . .. '" ..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ................................. i . . . .. ... ..
!
(11) Address
for Service
c/o 401 Rav Street Box 32 Toronto. Ontario M5H 2Z1
(12) Party(les) (Set out Status or Interest)
Name(s)
(13) Address
for Service
(14) Municipal Address of Property
not assigned
Date of Signature
Y M 0
Signature(s)
,
.
,
,
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to. . . . .
: : : : : : . : : . : : : : : : : : : : : : : : : : : : : : : : : : I : : : : .
(15) Document Prepared by:
1T Fees and Tax
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SHIBLEY RIGHTON
401 Bay Street, Suite 1600
Toronto, Ontario, M5H 2Z1
Attn: Nicholas Macos
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LAND TITLES ACT
Section 23
APPLICATION BY MUNICIPALITY FOR INHIBITING ORDER
TO:
THE lAND REGISTRAR FOR THE lAND TITLES
DIVISION OF DURHAM (NO. 40)
I, Patti Barrie, Clerk of the Corporation of the Municipality of Clarington hereby certify that
290572 ONTARIO LIMITED ,1fe ~JJ1eqd fJUJlr/'6
flI1d tiLL flI1lA72let ~ -1 J
Part of Parcel 29-2,,1Section Con.2 (Darlington), being Part of Lot 29, Concession 2,
Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of
Durham, being the land laid out by a Plan of Subdivision dated 211d 06 !;et.J;/t4t.e'l /t'ff2
prepared by W. John Burg, an Ontario Land Surveyor, has not executed and is not under
any obligation to execute any Transfer of Land or Transfer of Easement or any Agreement
affecting title to the said land in favour of the Corporation of the Municipality of Clarington
has not been registered as of the date hereof except the following:
TRANSFERS AND AGREEMENTS
LOTS AND BLOCKS
Transfer of Easement
(Rear Yard Catch Basin and Storm Sewer)
Part of Lots 1, 2, 7 and 8, Plan
40Mn~~designated as Parts 1, 2, 3
and 4 on Plan 40R-
2
Part of Lots I,A, 7 and 8, Plan
40Mn~0cJesignated as Parts 1, 2, 3
and 4 on Plan 40R
Postponement of Charge
(Charge No. LT6IDM)
~Q1d1
Transfer of Easement
(Temporary Turning Circle)
Part of Lots 44, 45, 58 and 59, Plan
40MO.{~designated as Parts 5,6, 7
8, Plan 40R
Postponement of Charge
(Charge No. LT6'5(Olll)
~~
Transfer in Fee Simple
(0.3 meter reserves)
Part of Lots 44, 45, 58 and 59 Plan
40MJ7~designated as Parts 5, 6, 7
and 8, Plan 40R
Blocks 64, 65 and 66, Plan 40M- [7<.f~
AND as to the Lots and Blocks mentioned above, I HEREBY REQUEST you to issue an
Order or make an entry under Section 23 of the Land Titles Act inhibiting any dealing with
those Lots and Blocks until the Instruments mentioned above have been registered.
The address of the applicant for service is 40 Temperance Street, Bowmanville, Ontario LIC
3A6.
DATED at Clarington this /~lhday of 11/0 liE/'1 G"~
Municipality of Clarington
I have authority to bind the Corporation.
G:\47S\claringt\jeff-2.iDh
.. v ,~Province
~V~ 01
~ Ontario
Transfer/Deed of Land
DYE & DURHAM co. INC --Form No. 970
Amended NOV. 1992
Form 1 - Land Registration Reform Act
A
(1) Registry 0
(3) Property
I dentlfler( s)
Land Titles
I!J T(2) Page 1 of 3
Property
pages
Block
Additional:
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(4) Consideration
NIL --------------------------- Dollars $ 0 . 00
(5) Description This is a: Property Property
Division 0 Consolidation 0
Part of Parcel Plan - 1, Section 40M - f 7 t.{ b being
Part of Lots 1, 2 7 and 8, Plan 40M- I 7 l.(&,
Municipality of Clarington, Regional Municipality of
Durham, designated as Parts 1, 2, 3 and 4 on
Plan 40R - I? 2 I ~
Additional'
See 0
Schedule
(6) This (a) Redescription (b) Schedule for:
Document New Easement
Contains Plan/Sketch 0 Description 0
Additional
Parties 0 Other 0
(7) InteresVEstate Transferred !!.asement tor
rear yard catch basins and storm
sewers
(8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
Name(s)
290572 ONTARIO LIMITED
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Date of Signature
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i' have authority to bind 'the col-p'o'r'a.t:"t'o'ri ! . . .
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r (9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Slgnature(s)
Date of Signature
Y M 0
,
,
,
. . . . ~ . . . .
,
,
(10) Transferor(s) Address
for Service
58 Rossland Road West, Oshawa, ON
LIG 2V5
(11) Transferee(s)
"" UNI C" p~", 77
THE CORPORATION OF THE Tgv~~HIP OF CLARINGTON
Dale 01 Birth
Y M 0
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(12) Transferee(s) Address
for Service
40 Temperance Street, Bowanville, ON LIC 3A6
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(13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act.
Date of Sigr,ature '. Date of Signature
Y M 0 Y M 0
I 1: I : I 1
Signature. . . . . . . . . . . . . . . . . . . . . . . . .!. . . . ...:. . . J . . . i Signature..........................' . '.. ......
Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries 01 the transferor 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 and
belief. this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
Name and !, Y 1M, 0
Address of , i:
Solicitor Signature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . .
(14) Solicitor for Transferee(s) I have investigated the title to this land and to abulting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 50 (22) (c) (Ii) of the Planning Act and that to the best of my knowledge and belief thiS transfer
does not contravene section 50 of the Planning Act. I act independently of the soliCitor for the transferor(s) and I am an Ontario sollcllor in good standing.
Name and
Address of
Solicitor
Date of Signature
Y M 0
Signature. . . . . . . . .
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. . .1. . . . . .
not assigned
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Fees and Tax
(15) Asseument Roll Number
of Property
(16) Municipal Address of Property
Cty. i Mun.
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not assigned
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PARKHILL & YANCH
Barristers & Solicitors
63 King St E, Box 154
Oshawa, ON
LIH 7Ll 93048 MC
Registralion Fee
Land Transfer Tax
Total
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ADDITIONAL COVENANTS
The Transferor hereby transfers to the Transferee, its successors and assigns, the free,
uninterrupted and unobstructed right and easement to construct, operate and maintain such
rear yard catch basins and storm sewers together with any and all appurtenances, facilities
and works (the "Works") as may be required from time to time in, across, under and through
the lands more particularly described in Box 5 hereof (the "Lands").
TOGETHER with the right of the Transferee, its successors and assigns and its and their
servants, agents, contractors and workmen with all necessary materials, equipment,
machinery and vehicles to enter upon the Lands (the "Right to Enter") at all times and to
pass and repass thereon for the purposes of installing, constructing, reconstructing,
examining, altering, repairing, renewing or replacing and maintaining the Works or any part
thereof whether or not any part to be so constructed, installed, repaired, renewed, altered,
replaced or maintained is situate on the Lands.
TO HA VB AND TO HOLD the said easement or right in the nature of an easement on,
in, across, under and through the Lands unto the Transferee, its successors and assigns for
its and their sole and only use forever.
AND the Transferor: a) covenants that it will not erect any buildings or structure, plant
any trees, hedges or shrubs, place or remove any fill on any part of the Lands or cause or
permit any person to interfere in any way directly or indirectly with the Works or in any way
derogate from the easement hereby transferred; b) hereby releases the Transferee from any
and every claim which mayor might arise out of the exercise by the Transferee of any of
the rights hereby granted or which may arise out of the existence, operation, construction,
reconstruction examination, repair, renewal, replacement and maintenance of the Works;
c) covenants with the Transferee that it has the right to convey the said rights and
easements to the Transferee, notwithstanding any act of the Transferor; d) covenants with
the Transferee that it will execute such further assurances of the said rights and easements
as may be required by the Transferee; e) covenants to transfer to the Transferee, from
time to time, such other easements on a temporary basis only as the Transferee may
reasonably require to exercise the Right to Enter; and f) releases to the Transferee all
claims upon the interest hereby transferred.
AND the Transferee shall have quiet possession of the said easement or right in the nature
of an easement, free from all encumbrances and restrictions, save as mentioned herein.
G:\47S\sewer.rov
3
Affidavit of Residence and of Value of the Consideration
Form 1 - Land Transfer Tax Act
Refer to all instructions on reverse side. Part of Parcel plan -1 Section 40M-f7~~ be; nn
It:.! THE M~TIEF3 OF THE. COi:ljVEY ~NC:E.Df (insert Q/ip!Jl.est:ription of/and) , -'J
part 01: lDts 1, Lo, I ana l:S Pl.an 'WM.,..., 7 c.t~ ,MuniClpaillty of Clarlngton, Regional Munici lity
o Durham deslgnat as Parts , , on P OR- I ., 2.. ( gr
290572 ONTARIO LIMITED
DYE & DIlRHAM CO. INC. . Fc.;'!l No. 500
Amended 1991
BY (print names of all transferors in full)
TO (see instruction 1 and print names of all transferHs in full) The Corporation of the Municipality of Clarinqton
I. (_ instnJCIion 2 and print name(s) in full)
Nicholas T. Macos
MAKE OATH AND SAY THAT:
1. I am (place a clear maJ1c within tIHf squan opposite that OM of tha following paragraphs that desCribes the capacity of the d8p0nent(s)): (- InstnJClion 2)
o (a) A person in trust for whom the land conveyed in the above.described conveyance is being conveyed;
o (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
o (c) A transferee named in the above-described conveyance;
~ (d) The lKJGa~NX solicitor acting in this transaction for (Insert name(s) of principa/(s)) The Corporation of the Municipality
of Clarinqton
described in paragraph(s) (al. (bl. (c) above; (strike out tWerences to inapplicable paragrephS)
o (e) The President: Vice.President, Manager. Secretary, Director, or Treasurer authorized to act for (Insert name(s) of corpor8tlon(s))
described in paragraph(s) la), (b). (c) above; (strike out referenctlS to Inapplicable paragraphs)
o If) A transferee described in paragraph( . ) (Insert only OM of paragraph (a), (b) or (c) eave, as applicable) and am mak ing this affidavit on my own behalf and on
behalf of (Insert name of."ouse) who is my spouse described
in paragraph ( ) (Insert only OM of paragraph (a), (b) or (c) eave, as applicable) and as such, I have personal knowledge of the facts herein deposed to.
2. (To be completed where the V81ue 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) (ja) of the Act. The land conveyed in the above-described conveyance
O contains at least one and not more than two single family residences. '
NofI!: Clause 2( 1) (dl imposes an additional tax at tha rllte 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. (_ instruction 3) enee contains at least one and not more than two single family residences.
3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (9) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation"
or 8 "non-resident person" as set out in the Act. (see inst/lJC/ions 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
(c) Property transferred in exchange (detail below) ........ . . . . . . . . . . . $ nil
(d) Securities transferred to the value of (detllil below) . . . . . . . . . . . . . . . . . $ nil
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject $ nil
(f) Other valuable consideration subject to land transfer tax (cIetail below) ...... $ nil
All 8Ianks
Must Be
Filled In.
Insert 'NII"
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Totalof(a) to (f)) ....................
(h) VALUE OF ALL CHATTELS - items of tangible personal property
(Relail Sales Tax is payable on the veJUfI of all chattels unlBss exempt under
the provisions of the "Retail Sales Tax Act", R.S.O. 1980, c.454, as amended) . . . . $
(j) Other consideration for transaction not included in (g) or (h) above $
(iI TOTAL CONSIDERATION ....................... $
5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (- ins/1UClion 6)
Transfer to Municipality pursuant to a Subdivision Agreement.
No
$
2.00
$
2.00
Where
~.
nil
nil
2.00
6. If the consideration is nominal, is the land subject to any encumbrance?
7. Other remarks and explanations, if necessary.
Sworn before me at the city of Toronto
in the Ml1r}icipali ty of Metropolitan Toronto
this d-~ day of ~ovanber 19 93
GJl{Si ~
A Commissioner for taking Affidavits, etc.
Property Information Record For Land Registry Office Use Only
A. Describe nature of instrument: Transfer of Land Registration No.
B. (j) Address of property being conveyed (if avsileble) not assigned
(ii) Assessment Roll No. (if available) not assiqned
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 Temperance Street, Bowmanville, Registration Date Land Registry Office No.
Ontario LIC 3A6
D. (j) Registration number for last conveyance of property being conveyed (if availeble) unknown
"0/, "7 ~
NICHOlAS T. ~S)
Iii) Legal description of property conveyed: Same as in D.(j) above. YesD No 0 Not known ~
E. Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay street, Toronto, Ontar1o M~H 2Z1
School Tax Support (Voluntary Election) See reverse for explanation
(.1) Are all Illd,VIUlIallrallsfeJecs I~ornall Catholic 'J YcsO No 0
(b) If Yes. do all Individual transferees Wish to be Roman CatholiC Separate School Supporters? YesD No 0
(c) Do all individual transferees have French Language Education Rights? YesD No 0
(d) If Yes. do all individual transferees wish to support the French Language School Board (where established)? Yes 0 No 0
lii
~
Province
01
Ontario
Transfer/Deed of Land
DYE & DURHAM CO_ INC_ -PUI en No. 970
Amended NOV. 1992
Form 1 - Land Registration Reform Act
A
(1) Registry 0
(3) Property
ldentlfler(s)
Land Titles ~ T(2) Page 1 of 3
Block Property
pages I
Additional:
See 0
Schedule
......
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(4) Consideration
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NIL -------------------------- Dollars $
0.00
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Schedule
(5) Deecrtptlon This is a: Property Property
Division 0 Consolidation 0
Part of Parcel Plan -1, Section 40M- /7 4- ~ , being
Part of Lots 44, 45, 58 & 59, Plan 40M -I 71.f{.
Municipality of Clarington, Regional Municipality of
Durham, designated as Parts 5, 6, 7 and 8 on
Plan 40R- I t;' .;t I 'if
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Executions
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Additional:
See
Schedule
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(6) This (a) Redescription
Document New Easement
Contains Plan/Sketch I){L
: (b) Schedule for:
I
: Description 0
Additional
Parties 0 Other IZl
(7) Interest/Estate Transferred
~~x Easement for a temporary
turning circle
(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
L YAN
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Date of Signature
Y M 0
,
1993 11 y?--
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Name(s)
.?~Q~~~ q~TAR~9 ~~~~~~~
Signature(s)
I have authority to bind the corporation
(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Slgnature(s)
Date of Signature
Y M 0
,
,
,
,
l' . . .
i
(10) Transferor(s) Address
for Service
58 Rossland Road West, Oshawa, ON
LIG 2V5
(11) Transferee(s)
Date of Birth
Y M
o
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
,
.
,
,
,
,
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,
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(12) Transferee(s) Addre..
for Service
40 Temperance Street, Bowmanville, ON
LIC 3A6
(13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act.
Date of Signature Date of Signature
Y M 0 ,Y M 0
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Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . J . . .: Signature...........................:...... :. . . .: . . . .
Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to
..J determine that this transfer does not contravene that section and based on the Information supplied by the transferor, to the best of my knowledge and
~ belief, this transfer does not contravene that section. I am an Ontario solicitor In good standing. Date of Signature
g Name and I, Y : MiD
Q. Address of S' , i:
o Solicitor Ignature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . .
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(14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 50 (22) (c) (;;) of the Planning Act and that to the best of my knowledge and belief this transfer
does not contravene section 50 of the Planning Act. I act independently of the soliCitor for the transferor(s) and I am an OntarIO solicitor in good slanding.
Name and
Address of
Solicitor
Date of Signature
Y M 0
Signature. . . . . . . .
,
,
,
. . . . . . . .i. . . . . .
not assigned
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(15) Assessment Roll Number
01 Property
(16) Municipal Address 01 Property
Cty, Mun.
Map : Sub. :
: '
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Par.
not assigned
(rli'~u'lrL~PV~~
PARKHILL & YANCH
Barristers & Solicitors
63 King St E, Box 154
Oshawa, ON
LIH 7Ll 93048 MC
Land Transfer Tax
Total
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ADDITIONAL COVENANTS
The Transferor hereby transfers to the Transferee, its successors and assigns, the free,
uninterrupted and unobstructed right and easement (the "Easement") to construct, operate
and maintain such temporary turning circle together with any and all appurtenances,
facilities and works (the "Works") as may be required from time to time in, across, under
and through the lands more particularly described in Box 5 hereof (the "Lands").
TOGETHER with the right of the Transferee, its successors and assigns and its and their
servants, agents, contractors and workmen with all necessary materials, equipment,
machinery and vehicles to enter upon the Lands (the "Right to Enter") at all times and to
pass and repass thereon for the purposes of: i) installing, constructing, reconstructing,
examining, altering, repairing, renewing or replacing and maintaining the Works or any part
thereof whether or not any part to be so constructed, installed, repaired, renewed, altered,
replaced or maintained is situate on the Lands; and ii) the storage of snow.
TO HA VB AND TO HOLD the Easement and the Right to Enter in accordance with the
terms of the Subdivision Agreement made between the Transferor and the Transferee,
notice of which Agreement was registered as Instrument No.t,...7"~"~.J.. (the "Agreement").
The Transferee shall deliver a release of the Easement and the Right to Enter in
registerable form to the Transferor when obligated to do so pursuant to the terms of the
Agreement.
AND the Transferor: a) covenants that it will not erect any buildings or structure, plant
any trees, hedges or shrubs,place or remove any fill on any part of the Lands or cause or
permit any person to interfere in any way directly or indirectly with the Works or in any way
derogate from the easement hereby transferred; b) hereby releases the Transferee from any
and every claim which mayor might arise out of the exercise by the Transferee of any of
the rights hereby granted or which may arise out of the existence, operation, construction,
reconstruction examination, repair, renewal, replacement and maintenance of the Works;
c) covenants with the Transferee that it has the right to convey the said rights and
easements to the Transferee, notwithstanding any act of the Transferor; d) covenants with
the Transferee that it will execute such further assurances of the said rights and easements
as may be required by the Transferee; e) covenants to transfer to the Transferee, from time
to time, such other easements on a temporary basis only as the Transferee may reasonably
require to exercise the Right to Enter; and f) except for the release of the Easement and
the Right to Enter as provided in the Agreement releases to the Transferee all claims upon
the interest hereby transferred.
AND the Transferee, during the Term, shall have quiet possession of the said easement or
right in the nature of an easement, free from all encumbrances and restrictions, save as
registered in priority to this Transfer of Easement.
G:\47S\cIaringt\Iumicrc:.c:ov
DYE & DuRHAM CO. INC. . Form No. 500
Amended 1991
Affidavit of Residence and of Value of the Consideration3
Form 1 - Land Transfer Tax Act
Refer to all instructions on reverse side.
IN THE MATTER OF THE CONVEYANCE OF (Insertbriefdescriptionoflandj Prlrt- of Prlrr--pl Plrln -1 ~ec-t-;nn 4QM- /7 c.(~
7'1 ' ,
hP;ng Prlrt- of Tnt9 44, 45'~,-8 & 59, Plan 40M-' '-, Municipality of.CJaripgton, Regioml
Ml1n;r--;prl1 ;ty of f)l1rhclp, aes~cmate:i as Parts 5, 6. 7 and 8 on Plqn 40Ro:- (c;- 2.... (<=6
BV (prinf names of Blltransferors In full) ?Q057? ON'T'n"RTO LIMI'rED
TO (SH Instruction 1 and print names of /III transferees In full)
The Corporation of the Municipality of Clarinqton
I, (SH Instruction 2 WId print rwne(s) In full)
Nicholas T. Macos
MAKE OATH AND SAY THAT:
1. I a m (place a clear Ifl/Irl< within the sqUIIIe opposite thet one of the Iotlowing paragraphs that describes the capacity of the deponent(s)): (SH InstructIOn 2)
o (a) A person in trust for whom the land conveyed in the above.described conveyance is being conveyed;
o (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
o (c) A transferee named in the above.described conveyance;
~ (d) The c!lUtDCl~xgexW( solicitor acting in this transaction for (Insert rwne(s) of principa/(s)) The Corporation of the Municipality
of Clarinqton
described in paragraph(s) (a), (b), (c) above; (strike out fflference610 Inapplicable paragraphs)
o (e) The President; V ice.President , Manager, Secretary, Director, or Treasurer authorized to act for (I""" """"s) of COfpof/Ition(s))
described in paragraph(s) (a), (b), (c) above; (strike out references 10 Inapplicable paragraphs)
o (f) A transferee described in paragraph( . I tm-rt only OM of paragraph (a), (b) or (c) above, .. applicable) and am mak ing th is affidavit on my own behalf and on
behalf of (Insert name of.""...) who is my spouse described
in paragraph ( ) (Insert only OM of paragraph (a), (b) or (C) above, as appIlcabte) 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) (ja) of the Act. The land conveyed in the above-described conveyance
o contains at least one and not more than two single family residences.
o does not contain a single family residence.
o contains more than two single family residences. (SH instruction 3)
,.".; Clause 2(1)(d) imposes In additional tax It the rite of one-hllf of one per
cent upon the vllue of consideration in excess of $400,000 where the convey.
lnee contlins It least one and not more than two single family residences.
3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation"
or a "non-resident person" as set out in the Act. (SH 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 prlnctJBI and interest 10 be credited against pun:h1lSfJ price) $ nil
(ii) Given back to vendor . . . . . . . $ nil
(c) Property transferred in exchange (dtItaIl below) ................... $ nil
(d) Securities transferred to the value of (dfft/lll below) . . . . . . . . . . . . . . . . . $ nil
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject $ nil
(f) Other valuable consideration subject to land transfer tax (detail below) ...... $ nil
All 8IMIra
Must Be
FIIfed In.
I".", 'NO"
(g) VALUE OF lAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of (a) to (f)) ....................
(h) VALUE OF ALL CHATTELS - items of tangible personal property
(Retail Sales Tu Is payabte on the value of BlI Cfu/ttels unless exempt under
the prollisions of the "Retllil Sales Tu Act", R.S.O. 1980. c.454, as amend#KJ) . . . . $
W Other consideration for transaction not included in (g) or (h) above $
(j) TOTAL CONSIDERATION .................... _ . . $
5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (SHlnstruction 6)
Transfer to Municipality pursuant to a Subdivision Agreement.
No
$
2,00
$
2.00
WIIet8
App/IcabIe.
nil
nil
2.00
6. If the consideration is nominal, is the land subject to any encumbrance?
7. Other remarks and explanations, if necessary.
Sworn before me at the Ci ty of Toronto
in the Municipality of r1etropoli tan Toronto
th is ~ v-f day of Novenber 19 93
CltLSl (~
~ 7~
NICHOlAS T. ~S)
A Commissioner for taking Affidavits, etc.
Prop
erty Information Record For Land Registry Office Use Only
Describe nature of instrument: Transfer of Land Registration ND.
W Address of property being conveyed (ff available) not assigned
(ii) Assessment Roll No. (If available) not assigned
Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 Temperance Street, Bowrnanville, Registration Date Land Registry Office No.
Ontario L1C 3A6
Ii Re istration number for last conve ance of ro ert bein conve ed "available unknown
A.
B.
C.
D. gyp p y g y ~ ~
(ii) Legal description of property conveyed: Same as in D.(i) above. Ves D No 0 Not known ~
E. Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street, Toronto, Ontar~o M~H 2Zl
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all Individual transferees Roman Catholic? YesD No D
(u) If Yes. do all Individual transferees Wish to be Roman Catholic Separate School Supporters? YesD No D
(c) Do all indiVidual transferees have French Language Education Rights? YesD No D
(d) If Yes, do all individual transferees wish to support the French Language School Board (where established)? YesD No D
1/'_.)
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(6) This
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Contains
(a) Redescription
New Easement
Plan/Sketch
Transfer/Deed of Land
DYE 8. OUHHAM co. INC -Form No. 970
Amended NOY. 1992
Form 1 - Land Registration Reform Act
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(1) Registry 0
(3) Property
ldentlfler(s)
119 T(2) Page 1 of
Property
pages
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Land TItI..
BlOCk
Additional:
See
Schedule
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(4) Consideration
NIL --------------------------- Dollars $ 0 . 00
This is a:
Property
Division 0
Property
Consolidation 0
(5) Description
Part of Parcel 29-2, Section Con 2 (Darlington)
being Part of Lot 29, Concession 2, Geographic
Township of Darlington, Municipality of Clarington
Regional Municipality of Durham designated as
Parts 2, 3 & 5, on Plan 40R 14975
Additional:
See
Schedule
o
(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
o
: (b) Schedule for:
.
; Description 0
(7) InteresUEstate Transferred
~S~ Easement for
storm sewer
Additional
Parties 0 Other 0
. . .. ........ .......... .-...........
. . . . . . . . . . . S;gM,;;'i,i . .. ....... . . . . ~. . ':!:: .1 :~: of :~M~~
LARRY INCH':............. . . .. ... ...
..-
. . . . . . . i' have' ~;lu'tho'r'{ty t'o' b':Lnd' the' corpora9{on . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. 1" .. ...
I
o
,
Name(s)
290572 ONTARIO LIMITED
(9) Spouse(s) of Transferor(s) I hereby consent to thiS transaction
Name(s)
(10) Transferor(s) Address
for Service
(11) Transferee(s)
Signature(s)
Date of Signature
Y M 0
o
,
,
i. . ..
1
58 Rossland Road West, Oshawa, ON LIG 2V5
Date of Birth
Y M
o
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,
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,
,
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,
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,
. . .,. .
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
o
,
,
\. . .
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!. . ..
,
,
(12) Transteree(s) Address
forServ~e 40 Temperance Street, BOWffi2nville, ON LIC 3A6
(13) Transferor(s) The transferor venfies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act.
Date of Signature Date of Signature
YoM 0 Y M 0
I 1!! : !:
Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . J . . .: Signature...........................:...... :. . . ~ . . . ,
Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquines of the transferor to
...J determine that this transfer does not contravene that section and based on the Information supplied by the transferor, to the best of my knowledge and
~ belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
~ ~~~r:s~ngf i. . .Y. . .J. M; 0
o Solicitor Signature. . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . , . .
I
(14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and! am satisfied ttlat the title records
reveal no contravention as set out in subclause 50 (22) (c) (ii) of the Planning Act and that to the best of my knowledge and belief this transfer
does not contravene section 50 of the Planning Act. I act independently of the soliCitor for the transferor(s) and I am an Ontario solicitor In good standing.
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Name and
Address of
Solicitor
Date of Signature
Y M 0
Signature. . . . . . . . . . .
i
. . .1. . . . . .
(15) Assessment Rotl Number Cty. Mun. Map ! Sub. , Par. , III Fees and Tax
,
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of Property not assigned ...J
, , z Registration Fee
(16) Municipal Address of Property (17) Document Prepared by: 0
w
not assigned LARRY ALLAN YANCH Ul Land Transfer Tax
::l
PARKHILL & YANCH w
Barristers & Solicitors u
u:
63 King St E, Box 154 u..
0
Oshawa, ON ex:
0
L1H 711 MC 93048 "~ Total
,. ,.
v
..
ADDITIONAL COVENANTS
The Transferor hereby transfers to the Transferee, its successors and assigns, the free,
uninterrupted and unobstructed right and easement to construct, operate and maintain such
storm sewer routes together with any and all appurtenances, facilities and works (the
"Works") as may be required from time to time in, across, under and through the lands more
particularly described in Box 5 hereof (the "Lands").
TOGETHER with the right of the Transferee, its successors and assigns and its and their
servants, agents, contractors and workmen with all necessary materials, equipment,
machinery and vehicles to enter upon the Lands (the "Right to Enter") at all times and to
pass and repass thereon for the purposes of installing, constructing, reconstructing,
examining, altering, repairing, renewing or replacing and maintaining the Works or any part
thereof whether or not any part to be so constructed, installed, repaired, renewed, altered,
replaced or maintained is situate on the Lands.
TO HAVE AND TO HOLD the said easement or right in the nature of an easement on,
in, across, under and through the Lands unto the Transferee, its successors and assigns for
its and their sole and only use forever.
AND the Transferor: a) covenants that it will not erect any buildings or structure, plant
any trees, hedges or shrubs, place or remove any fill on any part of the Lands or cause or
permit any person to interfere in any way directly or indirectly with the Works or in any way
derogate from the easement hereby transferred; b) hereby releases the Transferee from any
and every claim which mayor might arise out of the exercise by the Transferee of any of
the rights hereby granted or which may arise out of the existence, operation, construction,
reconstruction examination, repair, renewal, replacement and maintenance of the Works;
c) covenants with the Transferee that it has the right to convey the said rights and
easements to the Transferee, notwithstanding any act of the Transferor; d) covenants with
the Transferee that it will execute such further assurances of the said rights and easements
as may be required by the Transferee; e) covenants to transfer to the Transferee, from
time to time, such other easements on a temporary basis only as the Transferee may
reasonably require to exercise the Right to Enter; and f) releases to the Transferee all
claims upon the interest hereby transferred.
AND the Transferee shall have quiet possession of the said easement or right in the nature
of an easement, free from all encumbrances and restrictions, save as mentioned herein.
G:\47S\sewer-roUle.aw
. DYE"~H~;~rNO.SOO Affidavit of Residence and of Value of the considerat~n
.. Form 1 - Land Transfer Tax Act
Refer to all instructions on reverse side. p t f"[) 1 29 2 St' C 2
INIHE!lI1~TTEROFTHE.CONVEYANCEOF(inS8rtbriefdescriptionof/l!nd) ar 0 "'c;rrce. -,' ec ~on. on.
\Parl.Ulgton) bemgpart of Lot 29, Concess~on 2, Geographic Township of Darlmgton,
Municipality of Clarington, Reqional Municipality of Durham, desiqnated as Parts.2,3,5 onPlar
290572 ONTA.1UO Ll11ITEJ) 40R-149
BY (print nBmes of BlI transferors in full)
TO (see Instruction Il1t1d print names of all transferees In full) The Corporation of the Municipality of Clarinqton
I, (see instruction 2 lItId print name(s) in full)
Nicholas T. Macos
MAKE OATH AND SAY THAT:
1. I a m (place B cIftr matlc withIn the Itquare opposite thBt one of the following paragraphs thBt describeS the capacity of the deponent(s)): (see instructiOn 2)
o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
o (b) A trustee named in the above.described conveyance to whom the land is being conveyed;
o (e) A transferee named in the above-described conveyance;
E9 (d) The llIUtDQ~xgexW( solicitor acting in this transaction for (Insert name(s) of princlpal(s)) The Corporation of the Municipality
of Clarinqton
described in paragraph(s) (a), (b), lc) above; (air/tee ou1 ffIferences to InapplabIe paragraphs)
o (e) The President; Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for (iMert name(s) of corporation(s))
described in paragraph Is) (a). (bl. (c) above; (<<ritee ou1 fflferences to inapplicBbIe paragraphs)
o If) A transferee described in paragraph( . ) (Insert only one of paragraph (B). (b) or (c) above, lIS appIicBbIB) 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 (B), (b) or (c) above, lIS 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) (ja) of the Act. The land conveyed in the above-described conveyance
o contains at least one and not more than two single family residences.
o does not contain a single family residence.
o contains more than two single family residences. (see instruction 3)
NOIB: Clause 2(1I1d) imposes an additional tax at the rate of one-half of one per
cent upon the value of consideration in excess of $400,000 where the convey.
anee contains at least one and not more than two single family residences.
3. I have read and considered the definitions of "non.resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation"
or a "non-resident person" as set out in the Act. (see instructions 4Bnd 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 princ/pBllIIId interest to be credited agBinst purchllS6 price) $ nil
(ii) Given back to vendor . . . . . . . $ nil
(c) Property transferred in exchange (detBil below) . . . . . . . . . . . . . . . . . . . $ nil
(d) Secu rities transferred to the value of (detail below) . . . . . . . . . . . . . . . . . $ ni 1
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject $ nil
(f) Other valuable consideration subject to land transfer tax (detBil below) ...... $ nil
All BlBntca
Must Be
FIlled In.
IMert "Nif"
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Totalof(a) to (f)} ....................
(h) VALUE OF ALL CHATTELS. items of tangible personal property
(RetBil Sales Tax is payable on the value of BII ChBttels untass exempt under
the provisions of the "RetBil Sales Tax Act", R.S.O. 1980, c.454, BS Bmended) . . . . $
(j) Other consideration for transaction not included in (g) or (h) above $
0) TOTAL CONSIDERATION ................... - . . . $
5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6)
Transfer to Municipality pursuant to a Subdivision Agreement.
No
$
2.00
$
2.00
WIIenr
AppIabIe.
nil
nil
2.00
6. If the consideration is nominal. is the land subject to any encumbrance?
7. Other remarks and explanations, if necessary.
Sworn before me at the Ci ty of Toronto
in the Municipality of Metropolitan Toronto
th is ()..J tA day of ~ovember 19 93
()1'L~ l~
~ 7 ....-,
NICHOIAS T ~ *tm
A Commissioner for taking Affidavits, etc.
Property Information Record
A. Describe nature of instrument: Transfer of Land
B. 0) Address of property being conveyed (If BVBllllble) not assigned
For Land Registry Office Use Only
Registration No.
(ii) Assessment Roll No. (IfBvallIIbIe) not assigned
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 Temperance Street, Bowmanville,
Ontario LIC 3A6
Registration Date
Land Registry Ollice No.
E.
(i) Registration number for last conveyance of property being conveyed (if BVBllabIe)
(ii) Legal description of property conveyed: Same as in D.(j) above. Yes D
Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street, Toronto, Ontar~o M~H 2Z1
unknown
No 0 Not known ~
D.
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all Individual Iranslerees Roman Catholic? YesD No D
(b) II Yes. do all Individual transferees wish to be Roman Catholic Separate School Supporters? YesD No D
(c) Do all Individual transferees have French Language Education Rights? YesD No D
(d) II Yes. do all indiVidual transferees wish to support the French Languaqe School Board (where established)? YcsD No 0
,
"7
I:!:.,l Province
~~~ of
~ Ontario
.......,.
o
Transfer/Deed of Land
DYE 11 OUHHAM CO. LIMITED
Form No. 970
.'
. .
Fonn 1 - Land Registration Refonn Act, 1984
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(3) Property
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Land Titles 0 T(2) Page 1 of .3 pages
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Additional:
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(4) Consideration
NIL --------------------------- 0.00
Dollars $
(5) Description
This is a: Property 0
Division
Property
Consolidation 0
Additional:
See D
Schedule
Part of Lot 29, Concession 2, Geographic Township of
Darlington, Municipality of Clarington, Regional
Municipality of Durham designated as Part 1 on
Plan 40R 14975
Executions
Additional:
See D
Schedule
(6) This (a) Redescription (b) SChedule for:
Document New Easement
Contains Plan/Sketch 0 Description 0
Additional
Parties 0 Other 8D
(7)~tate Transferred
Storm sewer easement
(8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
I am a ~p~~~~~ .~~~ ~!~P~~~y.transfer~~~ .~~ .~~~ .~~~~~~~~~y .~~~up~~~.~~.m7 and my spouse
who is not separated from me, as our family residence. I am the same person' as' JAYNE' ARLENE' . .
GAY described on title. My name is changed due to marriage. Date of Signature
Name(s) .. . . . . . . . . . . . . Sign~t~reisi . . . . . . . . . . . . . . . . . . . . . . . " Y . M 0
~~X.X~~~~~~ ............ ......... 4.... ;L" ".............. .~~~~.x.~~~~ ~
~. ,"
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.~V?M.E.~,..y~y.n.e. ~~~~!1~ ............ .., . . ..............i1.~~~..i.1.1.;,~..
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, "
, "
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -t. . . . . .:. . . : . . . .
, "
r (9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
Y M D
,
: :
. . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . .1. . .
, '
, '
, '
: :
,
,
,
,
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(10) Transferor(s) Address
'or Service
(11) Transferee(s)
c/o 97 Athol Street East, Oshawa, ON
Date of Birth
Y M 0
,
rij~.c.Q~p~rJ9~.Q~ ~~~ ~P~~~J~~~~~~ q~ .G~4~~~G~q~...............................
,
: :
(12) Transferee(s) Address
for Service
40 Temperance Street, Bowmanville, ON LIC 3A6
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(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. ,Y M D
I :. I , 'I
Signature. . . . . . . . . . . . . . . . . . . . . . . . . i. . . . . .!. . . j . . . l Signature...........................1...... J. . . j. . . .
Solicitor for Trans'eror(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquiries of the transferor
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
and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
Name and I Y I M 0
Address of S. i i!
Solicitor Ignature. . . .. .....................'......' ...,....
(14) Solicitor for Trana'eree(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act, 1983 and that to the best of my knowledge and belief this
transfer does not contravene section 49 of the Planning Act 1 ga:~. I act independently of the solicitor for the transferor(s) and I am an Ontario
solicitor in good standing.
Name and
Address of
Solicitor
Date of Signature
Y M 0
Signature. . . . . . . . . . . . . . . . . . . . . . . .
(15) Aaaesament Roll Number
of Property
(16) Municipal Address of Property
not assigned
Cty. Mun.
Map : Sub. :
, ,
, ,
Par.
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,
: not assigned
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(17) Document PreJ?ared by:
LARRY ALLAN YANCH
PARKHILL & YANCH
Barristers & Solicitors
63 King St E, Box 154
Oshawa, ON
LIH 711 MC
Land Transfer Tax
Total
10173 (12/84)
-..
.
1/
ADDITIONAL COVENANTS
The Transferor hereby transfers to the Transferee, its successors and assigns, the free,
uninterrupted and unobstructed right and easement to construct, operate and maintain such
storm sewer routes together with any and all appurtenances, facilities and works (the
"Works") as may be required from time to time in, across, under and through the lands more
particularly described in Box 5 hereof (the "Lands").
TOGETHER with the right of the Transferee, its successors and assigns and its and their
servants, agents, contractors and workmen with all necessary materials, equipment,
machinery and vehicles to enter upon the Lands (the "Right to Enter") at all times and to
pass and repass thereon for the purposes of installing, constructing, reconstructing,
examining, altering, repairing, renewing or replacing and maintaining the Works or any part
thereof whether or not any part to be so constructed, installed, repaired, renewed, altered,
replaced or maintained is situate on the Lands.
TO HAVE AND TO HOLD the said easement or right in the nature of an easement on,
in, across, under and through the Lands unto the Transferee, its successors and assigns for
its and their sole and only use forever.
AND the Transferor: a) covenants that it will not erect any buildings or structure, plant
any trees, hedges or shrubs, place or remove any fill on any part of the Lands or cause or
permit any person to interfere in any way directly or indirectly with the Works or in any way
derogate from the easement hereby transferred; b) hereby releases the Transferee from any
and every claim which mayor might arise out of the exercise by the Transferee of any of
the rights hereby granted or which may arise out of the existence, operation, construction,
reconstruction examination, repair, renewal, replacement and maintenance of the Works;
c) covenants with the Transferee that it has the right to convey the said rights and
easements to the Transferee, notwithstanding any act of the Transferor; d) covenants with
the Transferee that it will execute such further assurances of the said rights and easements
as may be required by the Transferee; e) covenants to transfer to the Transferee, from
time to time, such other easements on a temporary basis only as the Transferee may
reasonably require to exercise the Right to Enter; and t) releases to the Transferee all
claims upon the interest hereby transferred.
AND the Transferee shall have quiet possession of the said easement or right in the nature
of an easement, free from all encumbrances and restrictions, save as mentioned herein.
O:\475\___c.oov
DYE & DURHAM CO. INC. . Form No. 500
Amended 1991
Affidavit of Residence and of Value of the Consideration
Form 1 - land Transfer Tax Act
(insert brief description of land) Part of Lot 29, Concession 2, '3
n~rlingt-on, Ml1nir.ip~lit-y of r.]~ringt-on, Rpgion~]
np~ign~t-pn ~~ P~rt- 1 on Pl~n 4n~-14q7~
.TAVN~ A~T,RNF. Hn~HR~
Refer to all instructions on reverse side.
IN THE MATTER OF THE CONVEYANCE OF
~pngr~pni~ ~own~hip of
Mllnir.ip~lity of nnrh~m
BY (print names of all transferofS in full)
TO (sea instruction 1 and print names of all transferees in full)
The Corporation of the Municipality of Clarinqton
I. (sea Instruction 2 and print nama(s) in full)
Nicholas T. Macos
MAKE OATH AND SAY THAT:
1. I am (p/aC8 a cIHr ",.'" within 1M 6qwr. ~ IIYt OM of 1M !oflowlng pllfagraphs thai describH 1M capacity of the dtIponMt(S)): (sea if/6truction 2)
o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
o (bl 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 !IlUt1Xl~xgexMX solicitor acting in this transaction for (Insert name(s) of princlpa/(s)) The Corporation of the Municipality
of Clarinqton
described in paragraph(s) (al. (bl. (c) above; (strike out m-nces to Inapplicable pllfagraphs)
o (e) The President; Vice-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 refare_ to In_1cabIa pllfagraphs)
o (f) A transferee described in paragraph( . ) (Insert only OM of PM8graph (->. (b) or (c) aIxwe, as ~1cabIa) and am mak ing this affidavit on my own behalf and on
behalf of (Insert nallHl of 1IpOUSfI) who is my spouse described
in paragraph ( ) (Insert only OM of paragraph (->, (b) or (c) aIxwe, as ~icllble) 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 conll8yance exceeds $400,000).
I have read and considered the definition of "single family residence" set out in clause 1 (1) (ja) of the Act. The land conveyed in the above-described conveyance
o contains at least one and not more than two single family residences.
o does not contain a single family residence.
o contains more than two single family residences. (sea Instruction 3)
NOIII: Clause 2(1)(d) imposes an additional tax at the rate of one-half of one per
cent upon the value of consideration in axcess of $400,000 where the convey-
ance contains at least one and not more than two single family residences.
3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation"
or a "non-resident person" as set out in the Act. (_instructions 4.nd 5) None
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash . . . . .. ................... $ 2.00
(b) Mortgages (j) Assumed (show pr/ncfMJ and intaffJSt to be credlted.nst purchase price) $ nil
(ji) Given back to vendor . . . . . . . $ nil
(c) Property transferred in exchange (detail below) ................... $ nil
(d) Securities transferred to the value of (detail beiow) .. . . . . . . . . . . . . . . . $ nil
(e) Liens, 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 (Total of (a) to (f)) ....................
(h) VALUE OF ALL CHATTELS - items of tangible personal property
(Retail Sales Tax Is payable on Ihe value of all chalte/s unless exempt under
the provisions of the "Retail s.les Tax Act", R.S.O. 1980, c.454, as amended) . . . .
(i) Other consideration for transaction not included in (g) or (h) above
(j) TOTAL CONSIDERATION .......................
All Blanb
MIltltS.
FIIIfId In.
/1'ItIefl"NII"
$ 2.00 $ 2.00
$ nil
$ nil
$ 2.00
WhenI
App/1ca1Ne.
5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (_ instruction 6)
Transfer to Municipality pursuant to a Subdivision Agreement.
No
6. If the consideration is nominal, is the land subject to any encumbrance?
7. Other remarks and explanations, if necessary.
Sworn before me at the Ci ty 0 f Toron to
in the Municipali ty of Metropolitan Toronto
thiS~,...J day of N;>vember 19 93
CNL~{~
y
'Z~
A Commissioner for taking Affidavits, etc.
aIgn.ture(s)
NICHOLAS T. MACOS
Property Information Record For Land Registry Office Use Only
A. Describe nature of instrument: Transfer of Land Registration No.
B. li) Address of property being conveyed (if .vailabfa) not assigned
(ii) Assessment Roll No. (ifavaiiMJIB) not assiqned
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 Temperance Street, Bowmanville, Registration Date Land Registry Office No.
Ontario L1C 3A6
D. li) R istration number for last conve ance of property bein co nveyed (If .vailable) unknown
eg y g
(ii) Legal description of property conveyed: Same as in D.li) above. Yes 0 No 0 Not known ~
E. Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street, Toronto, Ontar1o M~H 2Z1
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all IndiVidual Iransferees Roman Calhollc ? YesD No 0
(b) If Yes. do all individual translerees wish to be Roman Catholic Separate School Supporters? YesD No 0
(c) Do all IndiVidual transferees have French Language Education Rights? YesD No 0
(d) If Yes, do all individual transferees wish to support the French Language School Board (where established)? Yes 0 No 0
TO:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(the "Municipality")
AND TO:
SHIBLEY, RIGHTON, their Solicitors herein
RE:
JAYNE ARLENE GAY (also known as JAYNE ARLENE HUGHES) ("Gay")
transfer to the Corporation of the Municipality of Clarington
CERTIFICATE OF TITLE
I, LARRY A. YANCH, a Solicitor of the Ontario Court, do certify that:
a) Gay is the sole owner in fee simple of all land described as Part
of Lot 29, Concession 2, Municipality of Clarington, Regional
Municipality of Durham, now designated as Part 1 on plan of survey
deposited in the Land Registry Office for Land Registry Division
of Durham (No. 40) (the "Land Registry Office") as Plan 40R-14869.
(the "Lands"); and
b) there are no mortgages or other encumbrances on the lands except
as have postponed their interest to the Transfer
This certificate is given by me to the Municipality for the purpose
of having the Municipality rely upon it.
Dated at Oshawa this 19th day of November 1993
/~~,
LARRY A. YANCH, Solicitor
~ prOYin.ce
of
Onlano
Transfer/Deed of Land
DYE & DURHAM co. INc.-FoHn No. 970
Amended NOY. 1992
Form 1 - Land Registration Reform Act
A
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LI- New Property Identifrers
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a: 0) Additional:
0 ..
Ll- See 0
Schedule
(1) Registry 0
(3) Property
Identifier( s)
Land Titles ~ 1(2) Page 1 of ;;L
Block Property
pages
Additional:
See 0
Schedule
(4) Conlideration
NIL---------------------------
Dollars $
0.00
(5) Description
This is a:
Property
Division 0
Property
Consolidation 0
Part of Parcel Plan 1, Section 40M - 17 /.f (:;. , being
Block 64, 65 and 66, Plan 40M - I 7 .., (,
Municipality of Clarington, Regional Municipality of
Durham
Executions
Additional:
See
Schedule
o
(6) This (a) Redescription (b) Schedule for:
Document New Easement
Contains Plan/Sketch 0 Description 0
Additional
Parties 0 Other 0
(7) InteresVEstate 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
Name(s)
290572 ONTARIO LIMITED
Signature(s)
.~...o..
Date of Signature
Y M 0
;-. .
1993
,
11 V'2.-
: . . .
,
i . ..
i
LARRY YANCH - A.S.O.
I have authority to bind the corporation
(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
Y M 0
,
.
,
,
. . l' . .
1
(10) Transferor(s) Address
for Service
58 Rossland Road West, Oshawa, ON
L1G 2V5
(11) Transleree(s)
Date of Birth
Y M
o
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
,
.
,
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(12) Transferee(s) Addre..
forS~ 40 Temperance Street, Bowmanville, ON LIC 3A6
(13) Tranaferor(a) The transferor verifies that to the best of the transferor's knowledge and beitef, this transfer does not contravene section 50 of the Planning Act.
Date of Signature Date of Signature
I v ! M! DI , . : Y : M ! D
Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . J . . .: Signature...........................:...... :. . . .: , . . .
Solicitor for Tranaferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to
determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and
belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
Name and I Y : M: 0
Address of ' ::
Solicitor Signature. . . . . . . . . .. ..............' . . '.. .,....
(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 tiUe records
reveal no contravention as set out in subclause 50 (22) (c) (ii) of the Planning Act and that to the best of my knowledge and belief thiS transfer
does not contravene section 50 of the Planning Act. I act independently of the soliCitor for the transferor(s) and I am an Ontano soliCitor In good slanding~
Name and
Address of
Solicitor
Date of Signature
Y M D
Signature. . . . . .
,
,
,
,
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not assigned
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Fees and Tax
(15) A8le8lment Roll Number
of Property
(16) Municipal Add..... of Property
not assigned
Cty.
Mun.
Map : Sub. .
: '
,
Par.
(17) Document Prepared by:
LARRY ALLAN YANCH
PARKHILL & YANCH
Barristers & Solicitors
63 King St E, Box 154
Oshawa, ON
L1H 7L1 93048 MC
Registration Fee
Land Transfer Tax
Total
DYE .. f'U;:"lAM CO. INC. . Form No. SOO
~ AMended 11191
Affidavit of Residence and of Value of the ConSiderati~
Form 1 - Land Transfer Tax Act
Part of Parcel plan l, Seeton 40M- I I '-(' b
MI . . 1 '+ of 1" .
, ]nl~lPA 1 y n r ~rlng+lnnl R~lonal
Refer to all instructions on reverse side.
IN THE MATTER OF THE CONVEYANCE OF (inSBrtbriefdficriptionof/and)
being Block 64, 65 and 66, Plan 40M-1 7 t:.-f.
Munic:i.pality of flnrham.
BY (prinl names ofelltrsnsferors in full) 290572 ONTARIO T.IMT'T'F.n
TO (see inslruction 1 and prinl names of alllransferNS in full) The Corporation of the Municipality of Clarinqton
I, (see inslruction 2 and prinl name(s) in fulQ
Nicholas T. Macos
MAKE OATH AND SAY THAT:
1. I am (piece e clear ",.11< within /he squere opposite lhal 0rHI of IIHt following paragraphs lIIel describes /he cepecily of /he deponent(s)): (see instructIOn 2)
o
o
o
~
(a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
(b) A trustee named in the above.described conveyance to whom the land is being conveyed;
(c) A transferee named in the above-described conveyance;
(d) The IlIUtDCI~~ solicitor acting in this transaction for (inurt neme(s) of princ/pel(s)) The Corporation of the Municipality
of Clarinqton
o
described in paragraph(s) (al. (bl. (c) above; (Itrlks out rwferences 10 /neppfit:tll* ~s)
(e) The President; Vice.President, Manager, Secretary, Director, or Treasurer authorized to act for (/Mert name(!) of corporatIon(s))
described in paragraph(s) (al. (bl. (c) above; (firiks out references 10 lneppIit:tII* paragraphs)
o (f) A transferee described in paragraph( . ) (Inurt only 0rHI of pllregraph (e), (b) 01 (c) above, as eppIlcIIbI8) and am mak ing this affidavit on my own behalf and on
behalf of (lfIRft name of spou$fI) who is my spouse described
in paragraph ( ) (iflRft only 0rHI of pllregrsph (e), (b) 01 (C) above, as eppIiceble) and as such, I have personal knowledge of the facts herein deposed to.
2. (To be completed wflere the value of the consideration for the conWlyance exceeds $400,000).
I have read and considered the definition of "single family residence" set out in clause 1 (1) (ja) of the Act. The land conveyed in the above-described conveyance
o contains at least one and not more than two single family residences.
o does not contain a single family residence.
o contains more than two single family residences. (see instruction 3)
MUle: Clause 2(1)(d) imposes an additional tax at the rate of on.half of one per
cent upon the value of consideration in excess of $400,000 where the convey-
ance contains at least one and not more than two single family residences.
3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation"
or a "non-resident person" as set out in the Act. (_Inslructions 4 end 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 Ii) Assumed (show princIpeJ and inter8SllO be credited against purr:h_ price) $ nil
Oil Given back to vendor . . . . . . . $ nil
(c) Property transferred in exchange (dBlail below) .... . . . . . . . . . . . . . . . $ nil
(d) Securities transferred to the value of (dtllall below) . . . . . . . . . . . . . . . . . $ nil
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject . $ nil
(f) Other valuable consideration subject to land transfer tax (dIIleil below) ...... $ nil
All BlenG
Must Be
FIlled tn.
Insert "Nil"
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of (a) to (f)) ....................
(h) VALUE OF ALL CHATTELS - items of tangible personal property
(Raleil Sates Tax is pllyeb/8 on IIHt lllllue of all chellels unless exempl under
lhe provisions of lhe "Relail Sales Tax Act", R.S.O. 1980, c.454, as e_nded) . . . . $
Ii) Other consideration for transaction not included in (g) or (h) above $
(j) TOTAL CONSIDERATION ....................... . . . . . . $
5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (_ instruction 6)
Transfer to Municipality pursuant to a Subdivision Agreement.
No
$
2.00
$
2.00
Where
AppIiCIIIJIe.
nil
nil
2.00
6. If the consideration is nominal, is the land subject to any encumbrance?
7. Other remarks and explanations, if necessary.
Sworn before me at the City. of Toronto
in the Municipality of Metropolitan Toronto
this S)l.HI day ~f Novanber 19 93
~llttwJl4
.
Property Information Record For Land Registry Office Use Only
A. Describe nature of instrument: Transfer of Land Registration No.
B. (j) Address of property being conveyed (If eveilable) not assigned
(iil Assessment Roll No. (if ellllllllble) not assiqned
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 Temperance Street, Bowrnanville, Registration Date Land Registry Office No.
Ontario LIC 3A6
D. (j) Re istration number for last conve ance of ro ert bein conve ed eveilllb/e unknown
~?~
~nature(s)
NICHOIAS T MA.COS
A Commissioner for tak ing Affidavits, etc.
g y ppy g y(if ~
(ii) Legal description of property conveyed: Same as in D.(j) above. Yes D No 0 Not known ~
E. Name(s) and addressees) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street, Toronto, Ontar1o M~H 2Z1
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all,nd,v,dllallransferees Roman Catholic? YesD No D
(b) If Yes. do all,ndiv,dual transferees WIsh to be Roman CatholIC Separate School Supporters? YesD No D
(c) Do all Individual transferees have French Language Education Rights? Yes D No D
(d) If Yes, do all individual transferees wish to support the French Language School Board (where established)? Yes D No D
~
.,.-
Province
of
Ontario
Transfer/Deed of Land
Oy~ ~ DURHAM co. IN(;.-fQf!n No, Q70
Amendtcl MOV. '1l9~
Form 1 - Land Registration Reform Act
A
(1) Registry 0
(3) Property
ldentlfler(s)
Land Titles
[19 T(2) Page 1 of 1/
Property
pages
Block
Aadlloonal:
See
Schedule
o
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0 New Property Identifj~s .--.
r-I Ad~itional:
a: i::Y':
0 -"
U. cd C':l See 0
.~ '-., Schedule
~. en
(4) Consideration
NIL ---------------------------- Dollars $ 0.00
(5) DelCrlptlon
This is a:
Property
Oivislon 0
Property
Consolidation 0
Part of Parcel 29-2, Concession 2, Geographic Township of
Darlington, Municipality of Clarington, Regional
Municipality of Durham, designated as Part 2 on
Plan 40R 15092.
PAA. (J F ~ 0 T ;l. cr C b wt..~Sj /c)<J "l... <
Executions
Additional:
See
Schedule
o
( ~ VvfJ d9t-S)
(6) This
Document
Contains
(a) Redescription
New Easement
Plan/Sketch
: (b) Schedule for:
Additional
Parties
(7) InteresVEslate Translerred
Fee Simple
o
I
: Description 0
,
,
o Other 0
(8) Tranaleror(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
Name(s)
290572 ONTARIO LIMITED
...... S;9~'"re'?~~.....
....~~....~....
LARRY YANCH - A.S.O.
,
I99~.?~.
,
. . . . . .to .
,
,
. . ',' . .
Date of Signalure
Y M, 0
:(~
,
,
i . ..
,
,
,
,
! . , . .
,
,
. . . . . . .
I have authority to bind the corporation
(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Slgnature(s)
Date of Signature
Y M 0
,
,
l' . . .
:
,
,
,
(10) Transferor(s) Address
lor Service
58 Rossland Road West, Oshawa, ON
LIG 2V5
(11) Transferee(s)
Date ot Birth
Y M
o
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
,
,
,
\ . ..
! . .. .
. . 1" . . .
,
,
(12) Transferee(s) Address
lor Service
40 Temperance Street, Bowmanville, ON LIC 3A6
(13) Transferor(s) The transleror verities that to the best ot the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act.
Date of Signature Date of Signature
Y M D Y M 0
I : I ! I ':
Signature. . . . . . . . . . . . . . . . . . . . . . . . .!. . . . . .!. . . j . ' Signature...........................: ..... i. . . ., . , . .
Solicitor for Transferor(s) f have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transleror to
...J determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge dnd
~ belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
2 Nameand .1:. Y ,M: 0
Q.. Address of S' t i :
o Solicitor Igna ure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . .
I
(14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out In subclause 50 (22) (c) (II) of the Planning Act and that to the best of my knowledge and belief thiS transfer
does not contravene section 50 of the Planning Act. I act independenlly of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing.
- in
o -
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.- Ol C Xl
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Name and
Address of
Solicitor
Date of Signature
Y M 0
Signature. . . . . . . . . . . . . . . . . . . . . . . .
,
,
,
,
. .1. . . . .
(15) Alaeument Roll Number Cly. Mun. Map ; Sub , Par. , III Fees and Tax
of Property not assigned >-
, ...J
Z Registration Fee
(16) Municipal Address of Property (17) Document pA1f'red b~: 0
LARRY ALL YAN H w Land Transfer Tax
C/J I
PARKHILL & YANCH ::J
not assigned w I
Barristers & Solicitors ()
63 King St E, Box 154 u: I
u.
0
Oshawa, ON a:
LIH 7LI 93048 MC 0 T olal )
u.
ill
~
Affidavit of Residence and of Value of the Consideration
Form 1 - Land Transfer Tax Act
Refer to all instructions on reverse side. p t f I 29 2 C . 2 h'
IN THE MATTER OF THE CONVEYANCE OF (insertbriefdescriptionof/8nd) ar 0 Farce -, onceSSl.on , Geograp l.C
'TCMnShip of Darlinqton, Municipality of Clarinqton, Regional Municipality of Durham,
designaterl as Part 2 on plan 40R-15092
290572 OOTARIO LIMITED
DYE & DURHAM co. INC. . Form No. 500
. AmendecI 11191
BY (print n8mes of 811 transferars in full)
TO (_Instruction 1 and print names of 811 trsnsf8rees in full) The Corporation of the Municipality of C1arinqton
I, (_ ins1ruct1on 2 and print name(s) In full)
Nicholas T. Macos
MAKE OATH AND SAY THAT:
1. I am (place 8 c1881 _tic within /he 1qU8re opposite th8t on8 of tlHJ following paragraphs th8t dfiCribeS /he C8pt1City of /he deponent(s)): (- instructiOn 2)
o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
o (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
o (e) A transferee named in the above-described conveyance;
~ (d) The !DUtDCl~xgexNX solicitor acting in this transaction for (ins8rt name(s) of princlpa/(s)) The corporation of the Municipality
of C1arinqton
described in paragraph(s) (a), (b), (c) above; (strik8 out fflfsrent>>S to in8ppIiceb18 fJ8/8(/rsph8)
o (e) The President; Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for (IMBrt I18ffH1(s) of corporal/on(s))
described in paragraph(s) (a). (b). (c) above; (strik8 out ref8ranees to in8ppIiceb18 psrsgraphs)
o (f) A transferee described in paragraph( , ) (Insert only on8 of paregraph (8), (b) or (c) ebove, as sppIabIe) and am mak ing this affidavit on my own behalf and on
behalf of (insert nams of spouse) who is my spouse described
in paragraph ( ) (/nstJrt only 0tI8 of psrsgraph (8), (b) or (c) sbo..., as sppI/cabI8) and as such, I have personal knowledge of the facts herein deposed to.
2. (To be completed whe", the value of the consideration for the conveyance exceeds $400,(00).
I have read and considered the definition of "single family residence" set out in clause 1 (1) (ja) of the Act. The land conveyed in the above-described conveyance
o contains at least one and not more than two single fam ily residences.
o does not contain a single family residence.
o contains more than two single family residences. (see instruction 3)
,.".: Clause 2( 1) (d) imposes an additional tax at the rate of one-half of one per
cent upon the value of consideration in excess of $400,000 where the convey-
ence contains at least one and not more than two single family residences,
3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation"
or a "non-resident person" as set out in the Act. (_ 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 princjMJ and interest to be credited against purchase price) $ nil
(iil Given back to vendor . . . . . . . $ nil
(c) Property transferred in exchange (det8i1 below) ...... . . . . . . . . . . . . . $ nil
(d) Securities transferred to the value of (det8il below) . . . . . . . . . . . . . . . . . $ nil
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject $ nil
(f) Other valuable consideration subject to land transfer tax (det8il below) $ nil
All Blanks
Must Be
Filled In.
Insert "Nil"
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total offal to (f)) ....................
(h) VALUE OF ALL CHATTELS - items of tangible personal property
(Re/all SaIBs TSlC is payable on th8 tt81ue of 811 ch8ttels unless e"empr under
the provisions of /he "Retsil SaIBs TSlC Act", R.S.O. 1980, c.454, 8S 8msnd8d) . . . . $
(i) Other consideration for transaction not included in (g) or (h) above $
(j) TOTAL CONSIDERATION ....................... . . . . . . . $
5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (- instruction 6)
Transfer to Municipality pursuant to a Subdivision Agreement.
No
$
2.00
$
2.00
Where
AppIicebI8.
nil
nil
2.00
6. If the consideration is nominal, is the land subject to any encumbrance?
7. Other remarks and explanations, if necessary.
Sworn before me at the City' of Toronto
in the Mun,icipality of Metropolitan Toronto
this C)d.-rJ day of November 19 93
~l~
A Commissioner for taking Affidavits, etc.
Property Information Record For Land Registry Office Use Only
A. Describe nature of instrument: Transfer of Land Registration No.
B. (il Address of property being conveyed (it 8vai18bl8) not assigned
(iil Assessment Roll No. (it 8vai18bl8) not assiqned
C. Mailing address(es} for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 Temperance Street, Bowmanvi11e, Reglslrslion D81e I Land Registry OIIiee No.
ontario L1C 3A6
D. 0) Registration number for last conveyance of property being conveyed (If 8vallable) unknown
.(?- 7~
NICHOIAS T. ~S)
(ii) Legal description of property conveyed. Same as in D.(i) above. Yes D No 0 Not known ~
E. Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street, Toronto, Ontar~o M~H 2Z1
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all Individual transferees Roman Catholic? YesD No D
(b) If Yes, do all morvldualtranslerees Wish to be Roman Catholic Separate School Supporters? YesD No D
(e) [)o all IIlt!,vldtlalIranslerees !raV(l Frenc!r Language Education Rights? YesO No 0
(dl If Yes, do all individual transferees wish to support the French Language Schoot Board (where established)? YesO No 0
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(5) Cherge to be Discharged
Rer'stration Number
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DYE & DURHAM CO INC-folln No. 980
Amended NOV. 111lJ2
Discharge of Charge/Mortgage
Form 3 - Land Registration Reform Act
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(1) Registry 0
(3) Property
Identlfler(l)
Land TIU.. U9 (2) Page 1 of
pages
Block
Property
Additional:
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(4) Description
Part of Parcel 29-1, Section Con. 2 (Darlington) being
Part of Lot 29, Concession 2, Geographic Township of
Darlington, Municipality of Clarington, Regional
Municipality of Durham, designated as Part 2
Plan 40R 15092
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(6) This.. a
Date of Registration
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: 1993 : )II!M :
L___....................i............J.. _..---J
Complete Discharge 0 Partial Discharge~ Final Partial Discharge 0
(7) Description (cont'd.), Recltall, Aulgnmenta
THIS PARI'IAL DISCHARGE DOES Nor CONTRAVENE SECI'ION 50 OF THE PlANNING ACI'.
Continued on Schedule 0
(8) Chargee(l) I am the person entitled by law to grant the discharge and this charge is hereby discharged as to the land described herein.
Name(s)
ROYAL BANK OF CANADA
. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Per:
1993
11 12
Date of Signature
Y M 0
1993 11
12
,We have authority to bind the
Bank
. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Per:
. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Bart. ..
. ~r:~<?:r;:-.~<?<?,?~~ .~~Q~r:. , " , . . ,
. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Additional: 0
See Schedule
(9)Chargee(l) Addre..
for Sttl'Ylce
. oya.l tlank of Canada
Regional Corporate Centre
40 King St W, Suite 800
Oshawa, ON
L1H 1A4
(10) Document Prepared by:
LARRY ALLAN YANCH
PARKHILL & YANCH
Barristers & Solicitors
63 King St E, Box 154
Oshawa, ON
L1H 7L1 93048
Fees
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a Registration Fee
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AND TO:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(the "Municipality")
SHIBlEY RIGHTON
their solicitors herein
TO:
RE:
Bonnydon Limited (the "Company") transfer to the Corporation
of the Municipality of Clarington
CERTIFICATE OF TITLE
I, Sheldon Pettle, a solicitor of the Ontario Court, do certify that:
(a) I am the solicitor for the Company and that the Company is the sole
owner in fee simple of all land described as FIRSTLY: Part Lot 30,
Concession 2, Town of Newcastle (formerly Township of Darlington),
now the Municipality of Clarington, Regional Municipality of Durham
being Parts 1, 2, 3 and 4, Plan 40R-15055; SECONDLY: Part Lot 30,
Concession 2, Town of Newcastle, (formerly Township of Darlington)
now the Municipality of Clarington, Regional Municipality of Durham,
being Part 1, Plan 40R-15092 (collectively the "Lands").
(b) the Company is a valid and subsisting corporation in accordance with
the 1 aws of the Provi nce of Ontari 0 wi th the capac ity to convey
1 and.
(c) the transfer in fee simple in respect of the Lands in favour of the
Municipality (the "Transfer") is not subject to the interest of any
party.
This certificate is given by me to the Municipality for the purpose
of having the Municipality rely upon for certifying title to the Transfer.
DATED at Richmond Hill, this 15th day of November, 1993.
'--..-" .
~ Province
01
0...... Ontario
Transfer/Deed of Land
DYE & DURHAM co. INc.-Form No. 970
Amended NOY. 1992
Form 1 - Land Registration Reform Act
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Land Titles 0 (2) Page 1 of 7 pages
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(4) ConsIderation
TWO-----------------------
-----------00/100 Dollars $ 2.00
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(5) Description This is a: Property 0 Property 0
Division Consolidation
FIRSTLY: Part Lot 30, Concession 2,
Town of Newcastle (formerly Township of
Darlington), now the Municipality of
Clarington, Regional Municipality of Durham
being Parts 1, 2, 3 and 4, Plan 40R- 15055
SECONDLY: Part Lot 30, Concession 2,
Town of Newcastle (formerly Township of
Darlington), now the Municipality of
Clarington, Regional Municipality of Durham,
being Part 1, Plan 40R- 15092
""'"
a-
S!:
Executions
Additional:
See
Schedule
o
(6) This (a) Redescription (b) Schedule for:
Document New Easement
Contains Plan/Sketch 0 Description 0
(7) InteresVEstate Tnmsterred
Additional Fee Simple
Parties 0 Other 0
(8) Transferor(s) The transferor hereby transfers the land to the transferee~~_lfMMa1lfQUl~It~KOIlXMlKX.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . ., . . . . . . . . . . .
; /'/ Date of Signature
N~~~~~~ .~~~~~~~ . . . . . . . . . . . . . ............. si'g~at~~.L1tk'~"""""""', 19~3!~ i 0
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ...... ~ g.... . . . . . . . .~___ ... . . . . . .. . . . . .:. . . ' IS.
M. Freerlmcin, President i i 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ................................ j . . . . . .1. . . ,: . . .
i : I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. .~<:iY~. .~l?-~. .~~~~~~~ ~y . ~<? . . . . j . . . . . .!. . . I . . .
bind the Corporation. ! :!
I "
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(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
Y M 0
,
.
, '
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ................................. ..:. . . . . . . . . l' . . .
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
.
.
,
,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . 1 . . . . . .!. ',' i . . .
: ::
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: ::
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . ~ . . . . . .:. . . : . .. .
: ::
, "
, "
: !;
. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . ... . . . . ... . . I. . .
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(12) Tr8llsferee(s) Address
for Service
40 Temperance Street, BOWMANVILLE, Ontario. L1C 3A6
(13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act.
Date of Signature Date of Signature
Y M 0 Y M 0
tl993 08 i ! . : ! l
Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .l. . . J . . .: Signature...,..........,............: . . . . . ..:. . . ~ . . . .
Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to
-l determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and
~ belief, this trm1SDoei!not.c~nt~'ffi~Ht section. I am an Ontario solicitor in good standing. Date of Signature
o Name and L ~ I Y ,M, 0
t Address of 226 Queen St., PORT PERRY, Ont. . 11993 108 i
o Solicitor Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . . . .'. . . .' . . . .
I
(14) Solicitor for Tr8nsf.ree(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 50 (22) (c) (ii) of the Planning Act and that to the best of my knowledge and belief this transfer
does not contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing.
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Name and
Address of
Solicitor
Date of Signature
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Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .1. . . . . .
(15) Asseument Roll Number
of Property
(18) Municipal Address of Property
Cty. Mun.
Map ! Sub.! Par.
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!NOT ASSIGNED
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Fees and Tax
(17) Document Prepared by:
Land Transfer Tax
NOT ASSIGNED
GEORGE L. SMITH
Lawyer
226 Queen St., Box 5243
PORT PERRY, ON L9L 1B9
Total
Affidavit of Residence and of Value of the ConSideratior?'
Form 1 - Land Transfer Tax Act
R~fer to all instructions on reverse side. Part rot 30 Concession 2 being Parts 1 2 3 and4
IN THE MATTER OF THE CONVEYAf\LCJ: OF (insertbriefdpscriptio,QoC/andJ ' . , . , ,
Plan 40R-15055, Part rot 030, ConcesSIon ~,bel1lg Part i, Pian 40R-i5092", bOth be~ng 111 the
f1Unicipality of Clarington, Regional Municipality of Durham, (fonnerly Township of Darl1ngton)
BClNNYDC!\I LIMITED
DYE . DURHAM CO. INC. . Form No. 500
Amended 1991
BY (print names of alll,_ferotS in full)
TO (_ instnJction 1 and print namft of 8IJ trans"'" in full) The Corporation of the Municipality of Clarinqton
I. (_ instnJction 2 and print n817lfl(s) In full)
Nicholas T. Macos
MAKE OATH AND SAY THAT:
1. I am (pI_ a clear m8l1r within the squ_ opposite that one of the following paragraphs that describes the capacity of the deponent{s)): (_ instructiOn 2)
o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
o (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
o (c) A transferee named in the above-described conveyance;
~ (d) The 'l)UbQ~JIOIlXWC: solicitor acting in this transaction for (insert n817lfl(s) of principaJ(s)) The Corporation of the Municipality
of Clarinqton
described in paragraph(s) (al. (bl. (c) above; (strike out referenc:es to inapplicable paragraphs)
o Ie) The President; V ice-President, Manager, Secretary, Director, or Treasurer authorized to act for (i- n817lfl(s) of corporation(s))
described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs)
o (f) A transferee described in paragraph! . ) (Insert only one of paragraph (a), (b) or (c) 8bcwe, IUI appI/cBble) and am mak ing this affidavit on my own behalf and on
behalf of (i-""'" of spouse) who is my spouse described
in paragraph ( ) (i- only one of paragraph (a), (b) or (c) 8bcwe, IUI appl/cBble) 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 (,) (ja) of the Act. The land conveyed in the above-described conveyance
o contains at least one and not more than two single family residences. Nm.: Clause 2( 111d) imposes an additional tax at the rate of on.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. (_ 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" as set out in the Act. (see 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
(c) Property transferred in exchange (deteil below) .. . . . . . . . . . . . . . . . . . $ nil
(d) Securities transferred to the value of (deteil below) . . . . . . . . . . . . . . . . . $ nil
(e) liens, legacies, annuities and maintenance charges to which transfer is subject $ nil
(t) Other valuable consideration subject to land transfer tax (deteil below) $ nil
All Blanks
Must Be
Filled In.
Insert ONR'
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Tota/of(a) to (f)) ....................
(h) VALUE OF ALL CHATTELS. items of tangible personal property
(ReWI Salft Tax Is payable on the value of all chattels unless exempt undflf
the plOVisions of thfI OReteil SaIfIs Tax Acto, R.S.O. 1980, c.454, IUI amended) . . . . $
Ii) Other consideration for transaction not included in (g) or (h) above $
(j) TOTAL CONSIDERATION ....................... $
5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (_ instruction 6)
Transfer to Municipality pursuant to a Subdivision Agreement.
No
$
2.00
$
2.00
Where
AppIIc4I*.
nil
nil
2.00
6. If the consideration is nominal, is the land subject to any encumbrance?
7. Other remarks and explanations, if necessary.
C't of Toronto
Sworn before me at the ~ y-
in the Municipality of MetropOlitan
this 8-d-~ day of Novanber 19
Dt~I~W
93
A Commissioner for taking Affidavits, etc.
R),. 7 ~
NICHOLAS T. MA~ure(S)
-------
Property Information Record
A. Describe nature of instrument: Transfer of Land
B. (i) Address of property being conveyed (if available) not assigned
For Land Registry Office Use Only
Registration No.
property being
e, Registration Date Land Registry Office No.
unknown
Oil Assessment Roll No. (if av8IJabIe) not assigned
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for
conveyed (see instruction 7) 40 Temperance Street, Bowmanvill
Ontario L1C 3A6
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 No 0 Not known ~
E. Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street, Toronto, Ontar~o M5H 2Z1
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all mdlvlduallransferees Roman Catholic? YesD No 0
(b) 11 Yes. do all indiVidual transferees Wish to be Roman Catholic Separate School Supporters? YesD No 0
(c) Do all individual transferees have French Language Education Rights? Yes 0 No 0
(d) "Yes, do all individual transferees wish to support the French Language School Board (where established)? YesD No 0