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Home My WebLink About86-149 . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUfvlBER 86- 149 being a By-law to authorize the entering into of an Agreement with Schickendanz Bros. Ltd. and Veltri and Son Ltd. and the Corporation of the Town of Newcastle. The Council of the Corporation of the Town of Newcastle hereby 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 Schickendanz Bros. Ltd. and Veltri and Son Ltd. and the said Corporation dated the day of , 1986, in the form attached hereto as Schedule "X". 2. THAT Schedule "X" attached hereto forms part of this by-law. BY-LAW read a first time this 24th day of BY-LAW read a second time this 24th day of November November 1986 1986 BY-LAW read a third time and finally passed this 24th November 1986 day of ~ ~q MAYOR AQ~(~- K -- .. , .Notlmber 4, 1981, lawrence C. Wesson. McIver and Wesson, . Barrl sters andSol1 cltors, 11.. King St. W.- .1801, Toronto, Ontario. MSH 1A3. Dear Sir: Re: Development Agreement between The Corporation of the Town of Newcastle and Schlckedanz Bros. Limited and Veltri and Son Limited. 18T-86038 Our file: 60.46.203. Enclosed herewith 1s an executed copy of the subject Agreement, which was re'gistered in the Registry Office, Registry Division of Newcastle (No. 10), on October 20, 1987, as Instrument Number 10239. Yours. truly, David W. Oakes, B.A., A.M.C.T., C.M;O., Town.Clerk. DWO/ms Enclosure. cc: Plaqning Department Public Works Department ., ..., f~, ~;ow:~ ~ Onla:-o Docurnenl Gene'ral D Fo<m 4 -- lar,d R~l~"al!';).' Relorm ,!_c~ 1~ ~ " 10239 -, ~~- ~....~~~:}____~~~ ;~~2) (3) Property BlOCk Property Identifier( .) Page 1 of 58 pages --^"' I --^"< (4) Nature of Document Additional Se-e 0 Sct1e<:iu1e ------< >- ..J Z o w f/) ::l w Q ii: u.. 01 a:l f2 OCT 20 4 07 PM 'B 7 NOTICE OF AGREEMENT (Section 74 - The Land Titles Act) (5) Consideration Nil Dollars $ New Property IdentifterS Additional: See Schedule (6) Desc:ripUon FIRSTLY: The whole of Parcel 10-1, Section Con. 1, Newcastle (Bowmanvi1le) being those parts of Town Lots 12, 13 and 14, in Block 4 (formerly part of Lot 10, in Concession 1) according to C.G. Hanning's Plan designated Part 1 on Plan 10R-953, Town of Newcastle, Regional Municipality of Durham ---< as o executions Continued on Schedule (7) Thla (a) Redescription i (b) Schedule for: Document New Easement ' o Contains: PlanlSketch D! Description ~ Additional Parties 0 Other ~ Additional: See Schedule (8) ThIs Document provides as follows: The Corporation of the Town of Newcastle having an interest in the above lands of which Schickedanz Bros. Limited and Veltri and Son Limited are the registered owners, hereby applies to have registered notice of an agreement dated October 9, 1987 between The Corporation of the Town of Newcastle and Schickedanz Bros. Limited and Veltri and Son Limited. Continued on Schedule 1Kl I ( (9) Thla Document rel8tes to Instrument number(s) (10) Party(Jes) (Set out Status or Interest) Name(s) ) THE CORPORATION OF THE TOWN OF Signat~r Date of Signature Y M 0 ..... .0~..~.............I.1.~~7!.1.Q!~ awrence ~ ~ ~esson !!: , " : I: . .. .. .. .. "" "" ............ .... .. .... .. .. .. .. .. .. .. . .. . .. .. . .. ! .. .. .. .. .. 1 .. .. .i. 0 0 : I: . " , " , " o .. .. . .. .. 0 .. .. .. .. ., .. . - - - 0 0 - 0 . 0 0 0 0 0 0 0 0 . - . ~ - - 0 .. - t . . 0:. . 0 , " , " , " , " . " I . ~ . ~.~~c;~~:r.L.~ . ~ ~P.~~ ~<;:?-~.t,>, . . . . . . . . . . . . . . . . . . . . P.Y. .~~~. .S.<?~~~.i.t.<?~!. ~.~~~I?~~.~ .<::. ~.~~~C?~.. (11) Address fMS~ 40 Temperance Street, Bowmanville, Ontario. L1C 3A6 (12) Pa~les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M 0 VELTRI AND SON LIMITED (Owner) , . " ~ I: , " . " 0_ . 0 0 0 .00. . 0 0 _ 0 . 0 . . 0 . 0 0 0 . 0 0 .. . 0 _ 0 ... 0 . . . .,. 0 0 _I. 0 0 , ,. , " , " , " , " , " , " " . " . 0 . " 0 . . " " 0 . . . . " . . . . . ... . 0 . _ _ 0 O. ... . 0 . . o. .. 0 '.0 " . , " , " , " , " , " , " , " .. 0 . . _ .. . 0 0 . _ 0 . . 0 . 0 0 0 0 _ 0 0 . 0 . .. . 0 . .. 0.0.. . . .. .. 0 ,. .00'" O. . " , " , " , I I , ., . ., , " SCHICKEDANZ BROS. LIMITED (Owner) (13) Address ~S~ 11 King Street West, Suite 1801, Toronto, (14) Municipal Address of Property (15) Document Prepared by: LAWRENCE C. WESSON, McIver and Wesson, Multiple Barristers and Solicitors, 11 King St. W. - 1801, Toronto/ Ontario. M5H lA3 lk .....-- Ontario. M5H 1A3 Ii > ...J ~ Registration Fee w en ::l w () LL --- _.--.._-- --.--.- - ~ 10, 12 ====;~~.~ , '-- Fees and Tax , fro .,---- ~~='~- ""'..::: - . ~!I~ ~;oVince -!- Ontario Schedule s .~ Form 5 - land Reg~s~r8<<oo Reform .Act, 1984 , . , Page __L_____ AddftJonal property ldentlfier(s) and/or Other Information --~ (6) Description continued SECONDLY: The whole of the remainder of Parcel 11-1, Section Block 4 - Hanning Bowmanville, being part of Town Lot 11, Block 4, according to C. G. Hanning's Plan (being a subdivision of part of Lot 10, in Concession 1 of the original Township of Darlington) designated as Part I on Plan IOR-1284, Town of Newcastle, Regional Municpality of Durham. ". w> Q...J ltz 00 a:w OW 11.=> 1111 ,,! / NeY';5-.,t~'<-::;t;:~l -C1t Fe ~ .j,~' , , . ,. ,3 THIS AGREEMENT made in quintuplicate this q !kday of DcI~ 1 9 87 . BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE, Hereinafter called the "TOWN" OF THE FIRST PART, - and - SCHICKEDANZ BROS.' LIMITED AND VELTRI AND SON LIMITED, Hereinafter called the "0WNER" OF THE SECOND PART \, : ~'.; WITNESSETH THAT: WHEREAS the lands affected by this Agreement, which are described in Schedule "All hereto, are hereinafter called the "Lan~s" and constitute 6.7 hectares; AND WHEREAS the Owner warrants that it is the registered owner of the Lands; AND WHEREAS the Owner warrants that the Mortgagee is the only mortgagee of the Lands; AND WHEREAS the Owner warrai'lts that it has applied to the Regional t~unicipality of Durham, hereinafter called the Region for approval of a plan of subdivision of the Lands; AND WHEREAS to comply with the Region's conditions for such approval, the Owner has consented to enter into this Agreement with the Town; AND WHEREAS the Owner warrants that it has entered, or will enter into an Agreement with the Regional Municipality of Durham, hereinafter called the IIRegion" to satisfy the requirements 6f the Regional Municipality of Durham, 'financial and,otherwise; AND WHEREAS the Owner 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 referred to in Schedule IIH" and hereinafter called "Utilitiesll; NOW THEREFORE in consideration of the ,mutual agreements and covenants and promises herein contained, and other good and valuable consideration, the parties hereto agree as follows: L . R.: 01. 9.87 r .. 'lr 1. , . . - 2 - 1. DEFINITIONS 4 In this Agree~ent: 1.1 "Councilll shall mean the Council of the Corporation of the Town of Newcastle; 1.2 "Directorll shall mean the Director of Public Works of the Town of Newcastle or his designated representative as may be appointed by Council to act in his place; 1.3 IITreasurerll shall mean the Treasurer of the Corporation of the Town of Newcastle; 1.4' IIDirector of Community Services" shall mean the Director of Community Services of the Corporation of the Town of Newcastle; 1.5 IIDirector of Planning" shall mean the Director of~Planning of the Corporation of the Town of Newcastle; 1.6 IISolicitorll shall mean the Solicitor of the Corporation of the Town of Newcastle; 1.7 1I0wner" shall include an individual. an association. a partnership or a corporation and wherever the singular is used herein. it shall be construed as including the plural. 1.8 IIComissioner" shall mean the Commissioner of Planning for the Regional Municipality of Durham. 1.9 "l~inister" shall mean the Minister of Municipal Affairs and Housing, Ontario. 1.10 "Town" shall mean Councilor any official. designated by Council to administer the terms of the Agreement. 1.11 "Applicant" shall mean an individual, 'an association, a partnership or corporation who applies for the necessary building permits for the lots or blocks covered by this Agreement. L.R.: 01.9.87 r .'" 1.. - 3 - ,." 5 2. GENERAL 2.1 CERTIFICATION OF OWNERSHIP (1) The Owner shall, at the time of the execution of this Agreement, provide tha 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 an interest in the said Lands and the nature of their interest. (2) The Owner shall, at the time of the execution of this Agreement, provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title to any land excluding the said Lands, which is to be conveyed to the Town or over which easements are to be granted to the Town pursuant to the terms of this Agreement. 2.2 COpy OF PLAN AND AGREEMENTS REQUIRED Subject to paragraph 2.10(3) hereof, the Owner shall, at the time of the execution of this Agreement, provide the Town with as many copies as the Town requires of the plan of subdivision for the said Lands, which plan shall be the plan prepared for approval by the Region. The said plan is attached hereto as Schedule "B" and is hereinafter called the "Plan". The Owner shall also furnish to the Town at the time of the execution of this Agreement, one copy of the said Plan containing the stamp of approval of the Region, and a copy of the subdivision agreement entered into between the Owner and the Region with respect to the said Plan if such approval and/or Agreement is in existence at the time of the execution of this Agreement. If the approval or agreement with the Region is not available at the time of the execution of this Agreement, the Owner agrees to provide the Town with the Plan with the stamp of approval of the Region and a copy of the Subdivision Agreement entered into with the Region, immediately after approval is granted or the agreement signed. The Owner shall also furnish to the Town at the time of the execution of this Agreement one copy of each of the agreements entered into with the 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, or, if such agreement or agreements are not in existence at the time of the execution of this Agreement, the Owner agrees to provide the Town with a copy of each such agreement immediately after such agreement is signed. 2.3 DEDICATION OF EASEMENTS (1) The Owner shall, at the time of the execution of this Agreement, or such later date as may be agreed by the Owner and the Town, but not later than the registration of the Plan, deliver to the Town executed transfers of easements free and clear of all encumbrances as set out in Schedule "E" hereto. (2) If. subsequent to the registration of the Plan, but prior. to the issuance of a building permit in respect of a lot or block, further easements are required for utilities or drainage, or other purposes, in respect of any lot or block within the Lands, the Owner agrees to transfer to the Town such further easements upon request. The Town shall not unreasonably request such further easements, and in no event shall a further easement be requested which would prevent the erection of a dwelling on any such lot or block. 2.4 DEDICATION OF LANDS The Owner shall, at the time of the execution of this Agreement, or such later date as may be agreed by the Owner and the Town, but not later than the registration of the Plan, deliver to the Town executed deeds of conveyance, sufficient to vest in the Town, or where applicable, in any other public authority or person, absolute title in fee simple, free and clear of all liens, charges, encumbrances and easements, the lands set out in Schedule "F" hereto. Such conveyance shall include the dedication by the Owner to the Town of the lands required by the terms of The Planning Act, as amended, from time to time to be dedicated for publiC purposes, other than for highways, unless the Town has agreed to accept cash in lieu of such lands, as provided herein. L.R.: 01.9.87 r .. '" I - 4 - 2.5 REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS . 8 The aforementioned deeds and grants of easements shall be prepared by the Owner and registered at the Owner's expense at the same time as the Plan is regi stered. In such deeds and grants of easements the regi stered 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. 2.6 LANDS FOR SCHOOL PURPOSES AND SECONDARY OPTION (1) The Owner shall, at the time of the execution of this Agreement, 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 a School 'Board which has an option to acquire any lot or block within the Plan and does not exercise its option, the Owner hereby agrees to notify the Clerk of the Town in writing that the School Board has not exercised its option and the Owner hereby grants to the Town an irrevocable option to acquire such lands upon the same terms and conditions as the School Board could have acquired the property, except that the Town shall exercise the option hereby granted, in writing, within sixty (60) days of receipt of notification from the Owner that the School Board has failed to exercise its option and, the purchase of such Lands by the Town shall be completed within ninety (90) days of the exercise of its option. 2.7 INTEREST IN SAID LANDS The Owner hereby charges all its interest in the said Lands with the obligations set out in this Agreement. 2.8 NOTIFICATION OF OVJNER If any notice is required to be given by the Town to the Owner in respect of this Agreement, such notice shall be mailed or delivered to: (1) Schickedanz Bros. Limited 3311 Bayview Avenue WILLOWDALE, Ontario 1.12K 2G4 (2) Veltri & Son Limited 1038 Pinetree Court OSHAWA, Ontario L1 H IP6 or such address as the Owner has notified the Town, in writing, and any such notice mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement. 2.9 ~EGISTRATION OF AGREEMENT The Owner and Mortgagee hereby consent to the registration of this Agreement by the Town and covenant and agree not to register or permit the registration of any document after registration of the Plan of Subdivision on any land included in the said Plan unless this subdivision Agreement, and any deeds, easements or other documents required to be furnished thereunder, have first been registered against the title to the land included in the Plan. 2.10 RENEGOTI AT! ON AND At-1ENOt1ENT OF AGREEMENT (1) The Owner agrees that the Town may at its option in the circumstances set out below on thirty (30) days written notice to the Owner, declare this Agreement to be subject to renegotiation, whereupon the Owner agrees not to undertake any construction or installation of any of the Works until this Agreement has been renegotiated. This Agreement may be subject to renegotiation if: (i) the Region approves a Plan of Subdivision for the said lands which is substantially different from the Plan attached hereto as Schedule IIB"; or L.R.: 01.9.87 r . ~ J ~ "1 - 5 - (ii) the Plan of Subdivision is not finally approved by the Region and registered within eighteen (18) months of the date of the execution of this Agreement; or (iii) the. agreement between the Owner and the Region has not been executed at the time of the execution of this Agreement, or such agreement has been executed and is sUbsequently amended, and the provisions of such agreement affect materially the location or sizing of any of the Works to be supplied and installed under the terms of this Agreement; or (iv) no construction or installation of any of the Works has commenced within two (2) years from the date of registration of the plan, and failing agreement, this Agreement shall be null and void. (2) The parties may from time to time by mutual agreement 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. (3) The parties hereto acknowledge that at the time of the execution of this Agreement, only a red lined copy of the plan of subdivision is in existence and all descriptions in this Agreement and the Schedules annexed hereto refer to the descriptions in the red line plan annexed hereto as Schedule liB". Upon the final plan of subdivision being approved by the Minister of Housing the final' plan shall be substituted for the red lined plan annexed as Schedule "B" and ~l amendments necessary or requisite shall be made to conform with the descriptions used in this Agreement and the Schedules (and without limiting the generality of the foregoing. in particular Schedules "6", "E", "F", "G", "N", "Oil, lip", and "Q") with the final plan of subdivision. 2.11 TOWN TO ACT PROMPTLY . Wherever the Town, or the Solicitor, or the Treasurer for the Town, or the 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 and in all respects the Town and its officers, servants or agents shall act reasonably. 2.12 ASSIGNMENT OF AGREEMENT The Owner shall not assign this Agreement without prior written consent of the Town and no such assignment shall relieve the subsequent owner of any of his obligations under this Agreement. 2.13 SCHEDULES TO AGREEMENT The following schedules which are identified by the signatures of the parties to this Agreement, and which are attached hereto, together with all provisions contained therein, are hereby made a part of this Agreement as fully and to all intents and purposes as though recited in full herein: Schedule "B" ilLegal description of said Lands" "Plan of Subdivision for final approval" "Charges against said Lands" Schedule II A" Schedule "C" Schedule "E" "Development charges" "Grants of easements to be dedicated" Schedule "Oil Schedule "F" "Lands and/or cash to be dedi cated" Schedule "G" "Works requi red" L.R.: 01.9.87 . ..' I - 6 - ~. R Schedule "H" "Utilities required" Schedule "I" "Duties of Owner's Engi neeru Schedu 1 e "J" "Cost Estimates" Schedule "K" "Insurance Policies requi red" Schedule ilL" "Regulations for construction" Schedule "Mil "Use of said 1 and s " Schedule "N" " Lands subject to building restri ct ions II Schedule "0" "Lands requiring site plan" Schedul e "plI "0versized and/or External Services" Schedule "Q" - "Conservation Authority's Works" Schedule "R" "Engineeri ng and Inspect ion Fees" Schedule "511 "Region's Conditions of Approval" 2.14 MORTGAGE The "Iortgagee does hereby postpone his mortgage to this Agreement with the intent that this Agreement shall take effect as though dated, executed and registered prior to the mortgage and the r~ortgagee covenants and agrees that in the event that he obtains ownership of the said lands by foreclosure or otherwise, he shall not use or develop the said lands except in conformity with the provisions of this Agreement. 2.15 SUCCESSORS \ ~. This Agreement shall enure to the benefit of and be binding upon all of the parties hereto, its, his or her respective heirs, executors, administrators, successors or assigns. 2.16 PLAN APPROVAL Upon receipt of the payments herein required and upon the execution and registration of this Agreement, the Director of Planning will recommend to the Region that the plan be approved for registration. L. R. : 01.9.87 (. ..-- , . . - 7 - ., n ~ .. iJ 3. FINANCIAL 3.1 PAYMENT OF TAXES The Owner shall, at the time of the execution of this Agreement, pay all Municipal taxes outstanding against the said Lands, as set out in Schedule "C" hereto. The Owner further agrees to pay any municipal taxes which may become due and payable by it, in respect of any of the said Lands, prior to the sale by the Owner of such lands. 3.2 PAYMENT OF LOCAL IMPROVEMENT CHARGES The Owner shall, at the time of the execution of this Agreement, pay all charges with respect to existing local improvements assessed against the said Lands, as set out in Schedule' "CII hereto. Such charges shall include the Town's share of 'any local improvements which serve the said Lands and shall include the coo'lmuted value of such charges including charges falling due after the date of the execution of this Agreement. 3.3 PAYMENT OF DRAINAGE CHARGES The Owner shall, at the time of the execution of this Agreement pay all drainage charges assessed under The Municipal Drainage Act, 1975, and The Tile Drainage Act, R.S.O. 1980, against the said Lands, as set out in Schedule "C" hereto, including the commuted value of such charges falling due after the execution of this Agreement. 3.4 PAYMENT OF DEVELOPMENT CHARGES The Owner shall pay all development levies in the amounts and at the times set out in Schedule "0" hereto. Notwithstanding the provisions of Schedule 110" as to the times at which the development charges shall be paid, the Owner shall, prior to the issuance of any building permit in respect of any lot or block, pay all remaining development charges assessed against the said lot or block. 3.5 CASH IN LIEU OF LANDS The Owner agrees that, if the Town agrees to accept cash in lieu of the dedication by the Owner to the Town of lands for public purposes, other than highvJays. the amount of such cash payment shall be as set out in Schedule "F" hereto. The Owner further agrees to p~y to the Town on any such cash payment as set out in Schedule "FII hereto, at the time of the execution of this Agreement. 3.6 PERFORMANCE GUARANTEE REQUlRED (1) The Owner shall, prior to the issuance of any Authorization to Commence Work, lodge with the Town by cash or by means of an irrevocable letter of credit issued by a chartered Canadian bank, guaranteeing the performance by the Owner of the provisions of this Agreement. Such cash or irrevocable letter of credit shall be in an amount equal to the Works Cost Estimate with respect to the Plan or stage of the Plan covered by the Authorization to Commence Work. (2) All documents furnished under this paragraph shall be approved by the Treasurer of the Town. (3) The cash or irrevocable letter as provided in subparagraph (1) hereof are here; nafter coll ect; vely referred to as a "Performance Guarantee". 3.7 USE OF PERFORMANCE GUARANTEE The OHneragrees that the Town may, at any time, authorize the use of all or part of any Performance Guarantee if the Owner fails to pay any costs payable by. the Owner to the Town under this Agreement by due date of the invoice for such costs. L.R.: 01.9.87 , ..' , . . - 8 - 3.8 INDEHIHFICATION OF TOWN AND INSURANCE .... 1;0 The Owner covenants and agrees to indemnify the Town against all actions, causes of actions, suits, claims and demands whatsoever and howsoever caused, which arise either by reason of the development of the said lands, or the undertaking of the design, construction, installation and maintenance of the Works and Utilities. The Owner agrees to indemnify the Town with respect to all such claims notwithstanding the issuance of a Certificate of Release provided for in this Agreement. The Owner shall also provide the insurance called for by Schedule "K" of this Agreement. 3.9 MAINTENANCE GUARANTEE PERIOD In order to guarantee that all defects in the Works which become apparent after the issuance of a Certificate of Completion for such Works, will be properly repaired or replaced, the Owner shall, prior to the issuance of the Certificate of Completion for such Works, lodge with the Town a Maintenance Guarantee in the form of cash or an irrevocable letter of credit from a chartered Canadian bank, and in an amount equal to ten percent (10%) of the estimated cost of the Works as set out in Schedule "J" hereto. The form of the Maintenance Guarantee shall be subject to the approval of the Town Treasurer, and shall guarantee the Works from the date of completion as follows: (a) Initial Stage of Road Construction: the greater of two (2) years from the date of issuance of the Certificate of Completion for the initial stage of road construction or upon the date of issuance of Certificate of Completion for the final stage of road construction. (b) Final Stage of Road Construction: one (1) year from the date of the issuance of Certificate of Completion for the final stage of road con s truct ion. 3.10 USE OF 14AINTENANCE GUARANTEE The Owner agrees that the Town may, at any time, authorize the use of all or any part of any f.1ai ntenance Guarantee if the Owner fa i1 s to pay any costs payable by the Owner to the Town under this Agreement, by the due date of the invoice for such costs. 3.11 REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE The Owner agrees that the Town shall not be obliged to release to the Owner the unused portion of any Performance Guarantee until: (1) a Certificate of Comp~etion has been issued for the Works for which such Performance Guarantee was required; and (2) the Owner has deposited with the Town the Maintenance Guarantee applying to those Works for which such Performance Guarantee was required; and (3) the Town is satisfied that in respect of the construction and installation of the Works for which such Performance Guarantee was required, there are no outstanding claims relating to such Works. (4) the Town may, from time to time, reduce the amount of the value of the Performance Guarantee to reflect the progress of the Works required to an amount equal to the value of the uncompleted Works, plus ten percent (10%) of the value of the completed Works on approval by the Director of a Progress Certificate prepared by the Owner's Engineer. 3.12 REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE (1) The Owner agrees that the Town shall not be obliged to release to the Owner the unused portion of any Maintenance Guarantee until: (a) a Certificate of Acceptance has been iss'ued for the Works for which such Maintenance Guarantee was required; and (b) the Town is satisfied that, in respect of the maintenance of all of the Works for which such Maintenance Guarantee was required, there are no outstanding claims relating to such Works; and (c) the Town has received the as-built drawings for such Works. L.R.: 01.9.87 t ""' '1l 11. - 9 - (2) The Town shall release to the Owner the unused portion of any t~aintenance Guarantee upon fulfillment of Clause (a) and (b) of subparagraph (1) hereof. 3.13 PAYMENT OF MUNICIPAL COSTS (1) Every provision of this Agreement by which the Owner is obliged in any way shall be deeliled to include the words "at the expense of the Owner" unless the context otherwise requires. (2) The Owner, upon the execution of this Agreement, shall reimburse the Town for . all reasonable legal, planning, engineering and other technical advice and assistance actually incurred by the Town in connection with the preparation for and attendances at the Ontario Municipal Board hearings for the draft approval of Subdivision 18T-86038 and amendments of the Town's By-law 84-63. (3) 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 legal services contemplated by the terms of this Agreement, which shall include review of performance guarantee and the preparation of any release. (4) The Owner shall have the right to inspect, upon reasonable notice, during regular business hours, such accounts, invoices, time records and other documents and calculations of charges for which the Town is seeking reimbursement. (5) The Owner shall pay to the Town for all engineering and inspection costs in accordance with the provisions of Schedule "R" hereto. 3.14 UNPAID CHARGES The due date of any sum of money payable herein, unless a shorter time is specified, shall be thirty (30) days after the date of the invoice. Interest shall be payable by the Owner to the Town on all sums of money payable herein, which are not paid on the due dates. The interest penalty charges will be the same rate as charged on outstanding tax balances. 3.15 OCCUPANCY PERMIT Prior to the issuance of the first building permit the Owner agrees to lodge with the Town an irrevocable letter of credit annually renewable and issued by a chartered Canadian bank in an amount of Twenty Thousand Dollars ($20,000.00) to guarantee that occupancy does not occur in respect of any lot or block before the issuance of an Occupancy Permit for such lot or block. In the event that occupancy occurs in respect of any lot or block before the issuance of an occupancy permit contrary to paragraph 4.8, the Town may draw-down said Letter of Credit by an amount necessary to correct the default relative to occupancy. In the event of such default, the Owner shall immediately restore the Letter of Credit for the full amount of Twenty Thousand Dollars ($20,000.00). So that the amount of security deposit on hand with the Town always equals Twenty Thousand Dollars {$20,000.00}. The Letter of Credit shall be released to the Owners at such time as the ,last unit is ready for occupancy in accordance with the terms of this Agreement or at such earlier date as agreed in writing by the parties. The Town agrees to permit the Letter of Credit lodged by the Owner to be substituted, either in whole or in part, by a Letter of Credit submitted by the builder to whom the Owner has sold a lot or block with the Plan. The Owner agrees to obtain any such Letter or Letters of Credit, on behalf of and in favour of the Town, at such time as any or all of the said lands are sold. The Town further agrees to release substituted portions of the Owner's Letter of Credit, in respect of occupancy. It is noted that scale: the Occupancy Deposit . up to 50 lots 51 to 100 lots 101 to 250 lots 251 to 500 lots over 500 lot s requirement is based $10,000.00 $15,000.00 $20,000.00 $30,000.00 $50,000.00 on the followi ng L.R.: 01.9.87 ( ." , . . - 1 0 - ... 12 4. PLANNING 4.1 APPROVAL OF TREE PRESERVATION PLAN NOT APPLICABLE The Owner shall, prior to the issuance of any Authorization to Comr.~nce Works as provided herein, have received the written approval of the Director of Planning of a plan of the said Lands, hereinafter called the "Tree Preservation Plan" and showing thereon: (l) the location and approximate size of all existing trees over 30.5 cm. in circumference at 1.5 m. above the ground; and (2) the location of all existing trees referred to in subparagraph (1) hereof intended to be removed during the development of the said Lands. No work shall be done and no such' trees removed until the Tree Preservation Plan is approved and only then, in accordance with such approved Plan. It is agreed by the Town that nothing in this paragraph shall prevent the Owner from removing trees that would otherwise prevent it from carrying out the Works or from utilizing any lot or block by reason of its inability to site a dwelling on such lot or block because of such trees. 4.2 USE OF SAID LANDS The Owner agrees that the said Lands shall not be used for any purpose other than that set out in Schedule "M" hereto without the prior written consent of the Town. 4.3 LANDS UNSUITABLE FOR BUILDING The Owner agrees that the lots and blocks of the Plan which are set out in Schedule "Nil hereto are unsuitable for building purposes and that no application will be made for a building permit for the erection of any structure on any such lot or block until the conditions outlined in Schedule "N" hereto for such lot ,or block have been satisfied to the approval of the Directors of Planning and Public Works and/or any other authorities having jurisdiction. 4.4 LANDS REQUIRING SITE PLAN The Owner covenants and agrees that no application for any building permit in respect of the lots or blocks of the Plan which are set out in Schedule "0" shall be made until the Owner has entered into a Site Plan Agreement with the Town respecting the development of such lot and unless the application for a building permit complies in all respects with the terms of the said Site Plan Agreement. 4.5 REQUIREMENTS FOR BUILDING PERMITS Neither the execution of this Agreement by the Municipality nor the approval by the Town of the Plan for registration, nor the issuance by the Town of any Certificate of Acceptance shall be deemed to give any assurance that building permits when applied for will be issued in respect of any of the said Lands. The Owner agrees that no application for any building permit in respect of any of the said Lands shall be made until: (1) all easements for Utilities or drainage, or other purposes across the lot or block in respect of wh i ch a buil di ng permi tis proposed to be issued have been transferred to the Town; and (2) all the roads which .are required to be constructed under this Agreement to provide access to the proposed building, have been constructed to at least the completed base course of asphalt, to the written approval of the Director unless otherwise approved by the Director. . L.R.: 01.9.87 1. ...' (3) ... 13 - 11 - all of the Works required to be constructed and installed under such roads have been constructed and installed to the approval of the Director; and (4) all of the Utilities required to be constructed and installed pursuant to Sched~le "H" have been constructed and installed to the approval of the authorities having jurisdiction over such Utilities. Alternatively, the Town has received written confirmation from sucn authorities that sufficient financial securities have been received to cover the design and installation of same; and the Owner has provided the Director of Planning with a mylar and four copies of a street numbering plan satisfactory to the Town and each street number shall permanently apply to the lot or block shown on the Plan and shall be provided by the Owner to all subsequent owners; and (5) (6) the balance of all Development Levies have been paid in respect of the lot or block in the Plan for which the building permit is applied for; and the Owner has deposited, and maintained in good standing, the Occupancy Penalty fee as required by paragraph 3.15 of this Agreement; and if the application for a building permit is in respect of any lot or block set out in Schedule "N" the Owner has fulfilled the conditions with respect to the lots and blocks as set out in Schedule "N" as required by paragraph 4.3 of this Agreement; and if the application for a building permit is in respect of any lot or block as set out in Schedule "0" the Owner has entered into a Site Plan Agreement with respect to the lots or blocks as set out in Schedule "0" as required by paragraph 4.4 of this Agreement. (10) the Owner has provided the Director of Planning with a mylar copy of the registered plan of this subdivision. (7) (8) (9) (11) the Performance Guarantee and/or Maintenance Guarantee required pursuant to this Agreement has been deposited with the Town and is in go od s t and i n g . (12) the applicant has submitted,a site plan satisfactory to the Director, and verified by the Owner's\Engineer that the final grades of the respective lot(s) or block(s) is appropriate for the building(s) proposed to be constructed and:" the gradi ng of the lot and proposed access conforms to the approved lot grading plan, and the Town's Design Criteria and Standard Oetail Orawings. (13) the Owner has erected or caused to be erected a sign displaying all roads, lots and blocks within the approved Plan of Subdiv'ision for the said Lands sufficient to illustrate the future housing types and distribution, the location of any parks, open space, school or commercial blocks proposed on the said Lands, as well as all future uses for lands abutting the said Lands as identified by an approved Official Plan, Neighbourhood, or Hamlet Development Plan, or an approved draft Plan of Subdivision. 4.6 HODEL HO!4ES AND ARCHITECTURAL CONTROL (1) (a) Notwithstanding the provisions of paragraph 4.5 of this Agreement, the Owner may apply for building permits for up to Twenty (20) model homes on the lands, provided that such application is in conformity with the requisite by-laws of the Town and The Ontario Building Code, 1980, provided that all building permit fees, occupancy penalty, performance guarantee and appropriate development levies as provided for in this Agreement have been paid or provided, and that the developer has satisfied the Town that the final grades of the lot are appropriate for the proposed building and that grading complies with the overall grading plan. L.R.: 01.9.87 .' - 12 - (b) The Owner agrees that prior to issuance of building permits in respect of ~odel homes, to obtain the approval of the Director of Public Works in respect of access to the model homes. Where an alternate access is proposed to provide access to model homes, such access shall be of a standard acceptable to the Director of Public Works and the Fire Chief of the Town of Newcastle. 1. . (2) The Owner agrees that any model home shall be used for display purposes only and shall not be occupied for any residential purpose until such time as the provisions of paragraph 4.8 and 4.5(1) if applicable, of this Agreement have been complied with and if such model home is occupied for residential purposes contrary to this paragraph the provisions of paragraph 3.15 shall apply. (3) (a) the Owner covenants and agrees with the Town that he will exerci se or cause to be exercised, architectural control over the design and construction of dwellings within the plan by requiring that the exterior construction of all dwellings be at least 45 percent masonry e.g. brick, stone or other earthern products, but excluding stucco and concrete block, or at least 45 percent finished wood siding, excluding plywood, particle board or other similar wood sheeting materials. Notwithstanding the foregoing, vinyl or aluminium siding which simulates finished wood siding may be substituted for finished wood siding with the approval of the Director of Planning. (b) the Owner covenants and agrees that in the Agreement of Purchase and Sale, he will require each builder purchasing from him to file, prior to applying for a building permit, with the Town a Master Plan, to be approved by t~e Town, for the lot purchased by the builder/purchaser showing housing types, elevations and the distribution of models on such lots. 4.7 REQUIREr~ENTS FOR SALE OF LANDS The Owner agrees not to sell any or all of the said Lands until: (l) the Town has registered against the title to such lands any grant of easement in respect of such lands; and (2) where no building permit has been issued in respect of any lot or block proposed to be sold, the Owner has obtained from the prospective purchaser a covenant that such purchaser agrees at any. time prior to the issuance of a building permit, to provide the Town with any grants of easement required for utility or drainage purposes upon the written request of the Town; and (3) the Owner has obtained from the prospective purchaser a licence to permit the Owner and/or Town, to enter upon such lands to perform its ob li gat ions under this Agreement; and (4) the Performance Guarantee and/or Maintenance Guarantee required pursuant to this Agreement has been deposited with the Town and is in good standing. (5) the Owner has inserted in the agreement to purchase entered into by the prospective purchaser, notice that the lands are subject to the covenants and obli gat ions set forth in this Agreement, and more part icularly, Sect.ion 5.28 in respect of obligations of subsequent owners. 4.8 REQUIREMENTS FOR AUTHORIZATION TO OCCUpy Notwithstanding the requirements of any statute regulation or by-law for the issuance of any permit authorizing the occupancy of any dwelling or other . structure, the Owner shall not permit any building on the said lands to be occupied, and no one shall occupy such building without the written permission of the Town herei nafter called an "0ccupancy Permitll. In addi tion to any other requirements contained herein, no Occupancy Permit shall be issued for any buil di ng unt 11 : L.R.: 01.9.87 .' (1) (2 ) (3) (4) (5) (6) (7) 4.9 (1) - 13 - 15 .., all of the roads which are required to be constructed under this Agreement, which will provide access to such building, have had the application of the base course of asphalt, to the written approval of the Director and the required street lighting system has been installed and energized; and all of the storm drainage system required to be constructed and installed to service such building has been constructed and installed to the written approval of the Director, and the building has been connected thereto; and all of the Utilities, save telephone and cable T.V. required to be constructed and installed and connected to the building pursuant to Schedule "H", have been so constructed, installed and connected to the written approval of the authorities having jurisdiction over such Utilities; and the building has been connected to and is serviced by a water supply and sewage disposal system to the written approval of the authority having jurisdiction; and the Owner's Engineer has provided the Director with certification being written confirmation that the lot or block, where such building is located, conforms to the Grading and Drainage Plan, or has received the written approval of the Director with respect to any variance to the Grading and Drainage Plan. The building has received all final inspections required pursuant to the Building Act and/or the Plumbing Code. Notwithstanding the provisions of sub-paragraph (5) of this Clause the Owner shall be entitled to a temporary Occupancy Permit in the event that the Owner has not been able to comply with the requirements of sub-paragraph (5) by reason of seasonal, weather or other conditions beyond the control of the Owner. Prior to the "Temporary Occupancy" of said dwelling, confirmation with respect to the compliance with the provisions of Sub-paragraphs 4.8(1)t 4.8(2)t 4.8(3), 4.8(4) and 4.8(6) is to be providedt in writing, by the Owner. Furthermore, the written certification required in Section 4.8(5) shall be provided to the Town within one (1) year of the date of "Temporary Occupancy" of said dwelling unit. Failure to comply with the above will result in a reduction of the Occupancy Deposit Letter of Credit pursuant to the provisions of Paragraph 3.15. SPECIAL CONDITIONS (2 ) The Owner covenants and agrees to satisfy the requirements of the Central Lake Ontario Conservation Authority as contained in Schedule "Q". The Owner agrees to convey Block 74 to the Newcastl e PowerCommi ssjion for use in conjunction with the electrical substation planned for Block "S" of Plan of Subdivision 18T-76011. (3 ) The Owner agrees to convey to the Regional Municipality of Durham a permanent easement for sanitary sewers and watermains over Parts 1,2,3 & 4, Plan 10R- and a temporary easement over Part 5, Plan 10R- The Owner covenants and agrees to bear the costs of the works on Concession Street which are necessitated as a result of this development and which costs are more specifically set out in Paragraph 8 of Schedule "G" hereof. (4) (5) (a) The Owner agrees to convey Blocks 70, 71 and 72 to the Town of Newcastle and to construct temporary/emergency accesses on the said Blocks to the satisfaction of the Town of Newcastle. The Town hereby acknowledges that Blocks 70 & 71 shall be sUbject to easements in favour of Newcastle Hydro Electric Commission and Block 72 subject to an easement in favour of the Regional Municipality of Durham. (b) Blocks 70 and 71 are to be held in escrow by the Town of Newcastle and will ultimately be conveyed to Schickedanz Bros. Limited free of charges. (c) The Town of Newcastle will convey Block 70 and 71 to Schickedanz Bros. Limited upon the completion of the extension of Marchwood Crescent and Trudeau Drive. I L.R.: 21.9.87 .' - 14 - 16 5. PUBLIC WORKS 5.1 TOWN WORKS REQUIRED The Owner shall be responsible for the construction and installation of the services and landscaping more particularly referred to in Schedule "G" hereto (hereinafter called lithe \~orks"). Until the issuance of a Certificate of Acceptance as hereinafter provided, the Works shall remain the property of the Owner and the Owner shall be fully responsible for their maintenance. After the issuance of a Certificate of Acceptance, the Works shall vest in and become the responsibility of the Town. 5.2 UTILITIES AND SERVICES REQUIRED The Owner shall be responsible for entering into agreements with the appropriate Public Utilities Commission or other such authority or company having jurisdiction in the area of the said Lands for the design and installation of the Utilities as more particula~y referred to in Schedule "H". 5.3 OWNER'S ENGINEER The Owner shall retain a competent Professional Engineer, registered by the Association of Professional Engineers of Ontario and hereinafter called the "0wner's Engineer", to administer this Agreement, whose duties are set out in Schedule "1" hereto. 5.4 DESIGN OF WORKS The Owner agrees that the design of all the Works shall comply with the Design Criteria and Standard Detail Drawings of the Town. In the event of any dispute as ~o such standards or in the event of any dispute as to such design requirements, the decision of the Director shall be final. 5.5 APPROVAL OF ENGINEERING DRAWINGS The Owner shall, prior to the issuance of any Authorization to Commence Works as provided herein, have received the written approval of the Director for all drawings of all of the Works hereinafter called the IIEngineering Drawingsll. If no construction of the Works has commenced within two (2) years of the date of approval of the Engineering Drawings, the Engineering DraWings shall be resubmitted to the Director for ro-approval and further revisions if required by the Director, and no work shall be done unless in accordance with the said revised and re-approved drawings. 5.6 APPROVAL OF GRADING AND DRAINAGE PLAN The Owner shall, prior to the issuance of any Authorization to Commence Work as provided herein, have received the written approval of the Director of a plan, hereinafter called the "Grading and Drainage Planll, and showing thereon the existing drainage pattern on. all adjacent lands, all proposed grading and drainage works for the said Lands, 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. This Grading and Drainage Plan shall be approved and signed by the Director prior to the construction of any services or roads on the said Lands. If no' construction of the works is commenced within two (2) years of the date of approval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be resubmitt~d to the Director for reapproval and revision, if required by the Director and no such work shall be done unless in accordance with the said revised and reapproved drawings. 5.7 STAGING OF WORKS If the O...mer wishes to construct and install the Works and Utilities in stages, the Owner shall, prior to the issuance of any Authorization to Commence Work as hereinafter provided, prepare for the approval of the Director of Public Works, a plan hereinafter called the IIStaging Plan" which divides the Plan into stages for the construction, installation and maintenance of the Works and Utilities. L.R.: 01.9.87 . ., - 15 - 17 The Owner shall not proceed until such Staging Plan has been approved by Director of Public Works, and shall proceed only in accordance with such approved Plan, except as it may be subsequently amended with the approval of the Director of Public Works. 5.8 APPROVAL OF SCHEDULE OF WORKS The Owner shall, prior to the issua"nce of any Authorization to Commence Work, as hereinafter provided, receive the written approval of the Director of a schedule (hereinafter called the "Schedule of Works") which sets out the timing sequence in which the Owner proposes to construct and install all of the Works and Utilities and, where the installation of the Works and Utilities are to be staged the Owner shall, prior to the Authorization to Commence Work for each such stage, receive the written approval of the Director of a Schedule of Works for such stage. The Owner shall proceed only in accordance with the approved schedule. except as it may be subsequently amended with the approval of the Director. 5.9 APPROVAL OF COST ESTI~~TE The Owner agrees that, prior to the issuance of any Authorization to Comrrence Work as hereinafter provided,. the estimated cost of construction and installation of all of the Works, hereinafter called the "Works Cost Estimate", shall be approved by the Director and entered in Schedule "J" hereto. If the To\m has approved a Staging Plan for the said Lands, the Owner further agrees that the estimated cost of construction and installation of the Works for each stage, hereinafter called a "Stage Cost Estimate" shall be approved by the Director and entered in Schedule "J" hereto. . 5.10 REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS The Owner shall not commence the construction or installation of any of the Works without the written permission of the Town, hereinafter called an "Authorization to Commence Works". The Owner shall only comrrence those Works permitted by the Authorization to Commence Works. In addition to any other requirements contained herein, no Authorization to Commence Works shall be issued for any of the Works until: ( 1 ) the Pl an has recei ved fi nal approval from the Region; and (2 ) the Plan has been registered; and (3) the Owner has delivered a registered copy of this agreement and copies of the Plans and Agreements as required by paragraph 2.2 of this Agreement; and (4) the Owner has paid to the Town any outstanding charges against the said lands required by paragraphs 3.1, 3.2, 3.3 and 3.4 of this Agreement; and (5) the Owner has conveyed to the Town any easements as required by paragraph 2.3 of this Agreement, and such easerrents have been registered; and (6) the Owner has conveyed to the Town any lands and paid any cash as required by paragraphs 2.4 and 3.5 of this Agreement, and any such conveyance has been regi stered; and (7) the Owner has delivered letters from the appropriate Public Utilities - Commission, or authority or company having jurisdiction, stating that satisfactory agreements have been entered into for the design and installation of the Utilities as required by paragraph 5.2 of this Agreement; and (8) the Owner has appointed an Engineer as required by paragraph 5.3 of this Agreement; and (9) the Owner has received.the written approval of the Director for the Engineering Drawings as required by paragraph 5.5 of this Agreement; and (10) the Owner has received written approval of the Directors of Public Works, Planning and Corrrnunity Services of the landscape plans and "Park Site t.lasterplans" as required by Paragraph 4.9 and as part of the works, more particularly referred to in Schedule "GII. L.R.: 01.9.87 .' . "'It 18 - 16 - (11) the Owner has received the written approval of the Director of the Grading and Drainage Plan as required by paragraph 5.6 of this Agreement; and (12) NOT APPLICABLE (13) the Owner has received the written approval of the Director of Public Works for the Staging Plan as required by paragraph 5.7 of this Agreement; and (14) the Owner has received the written approval of the Director for the Schedule of Works as required by paragraph 5.8 of this Agreement; and (15) the Owner hasrecei ved the written approval of the Di rector for the \~orks Cost Estimate and/or Stage Cost Estimate as required by paragraph 5.9 of this Agreement; and (16) the Owner has deposited with the Town the Performance Guarantee applying to that stage of the Plan for which the Owner is seeking such Authorization to Commence Works as required by paragraph 3.6 of this Agreement and paid all cash contributions, due to the Town, as required by Schedule "J"; and (17) the Owner has deposited with the Town any policies of insurance as required by paragraph 3.8 of this Agreement; and (18) the Owner has paid all Town costs as required by paragraph 3.13 of this Agreement as of the date of the issuance of the Authorization to Commence Works; and (19) the Owner has paid all costs due to the Town for oversizing and external services as required by paragraph 5.27 of this Agreement; and (20) the Owner has paid a cash contribution as required by Schedule "J", to the satisfaction of the Director of Public Works for the preparation of a "Creek" Erosion and Flooding Report" for the tributary of Soper Creek commencing from Concession Street southerly to the main branch of Soper Creek. The Owner's cost of the Report wi 11 be based on the lIactual cost", pendi.ng the report IS completion. Furthermore, the Town will endeavour to collect, from the developers of lands within this watershed, their share of the cost of the Report. (21) the Owner has provided a Performance Guarantee as required by Schedule "J" to the satisfaction of the Director of Public Works, to cover the Owner's share of the "downstream erosion and flooding protection measures" deemed necessary . through the Creek Erosion and Flooding Report. It is acknowledged that the above Performance Guarantee is an estimated value, pending the completion of the Report. Upon completion and acceptance of the Report by the Director of Public Works, the cash contribution, as estab1 i shed through the Report for the "downstream eros i on and fl oodi ng protection measures", will be due upon sixty (60) days written notice. (22) notwithstanding the above the Owner may commence installation of the work as referred to in Schedule "G" hereto with the written aproval of the Director, prior to the registration of the Plan provided that Sections 3,4,7,8,9,10,11,13,14,15,16,17,18,20 and 21 of this Clause have been satisfied. No Certificate of Acceptance of the work, as referred to in Clause 5.25 of this Agreement, shall be issued by the Director, until the Plan has been registered and all other requirements relevant to the Certificate of Acceptance have been met. The construction or installation of any of the work pursuant to this clause shall, notwithstanding the aforementioned approval of the Director, be taken at the sole risk of the Owner. The Owner shall save harmless the t,lunicipality from any action or cause of action resulting from the construction or installation of any of the work as may be undertaken pursuant to this Clause. L . R . : 01. 9.87 .. - 16 ( a) - 5.11 REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT STAGES "" 19 If the Town has approved a Staging Plan for the said Lands, the Owner shall require an Authorization to Commence Works for each stage of the Plan. If the Town has issued an Authorization to Commence Works for one stage of the Plan,' in addition to any other requirements contained herein. no Authorization to Commence Works shall be issued for any subsequent stage of the Plan until: (1) the Stage Cost Estimate for such stage has been approved by the Director and entered in Schedule "J" hereto; and . (2) the Owner has deposited with the Town the Performance Guarantee applying to that stage of the Plan for which the Owner is seeking such Authorization to Commence Work s. 5.12 INSPECTION AND STOP WORK The contract with any contractor employed by the Owner to construct or install any of the \Iorks shall provide that employees or agents of the Hunicipality may, at any time, inspect the work of such contractor pertaining to the said Lands and the Director, after consultation with the Owner's Engineer, shall have the power to stop any such work in the event that, in their opinion, work is being performed in a manner which may result in a completed installation that would not be satisfactory to the Town pr in the event the financial guarantees, required pursuant to this Agreement, are not maintained in good standing. loR.: 01.9.87 ." - 17 - 5.13 PROV 15101'15 FOR CONSTRUCTION AND INSTALLATION IC(- A All of the Works shall be constructed and installed in accordance with the Engineering Drawings as approved by the Director. No variation from the Engineering Drawings shall be permitted unless such variation is authorized in . writing by the Director. All construction on the said Lands shall be carried out in accordance with the regulations for construction as set out in Schedule "L" hereto. 5.14 SEQUENCE OF CONSTRUCTION AND INSTALLATION The Owner shall, upon the issuance of an Authorization to Comr.ence Works, proceed to construct and install all of the Works continuously and as required by the approved Schedule of Works. 5.15 COl4PLETION TIME FOR CONSTRUCTION AND INSTALLATION The Owner shall, within two (2) years of the date of the issuance of an Authorization to Co~ence Works, complete the construction and installation of all of the ~Jorks authori zed in such Authori zation to Commence Works with the exception of the curbs, sidewalks, final coat of asphalt, final lot grading, driveway approaches, sodding and tree planting. 5.16 ADDITIONAL FACILITIES OR WORK REQUIRED If, in the opinion of the Director, any minor or incidental additional work is required to provide for the adequate operation and functioning of the Works, the Owner shall, until the conclusion of the maintenance guarantee period, construct or install such additional facilities and perform such additional work as the Town r:lay request from time to time. 5.17 INCOl~PLETE OR FAULTY WORK (1) If, in the opinion of the Direct'or, the Owner is not executing or causing to be executed the Work required by this Agreement, in such a manner that it will be completed within the time specified Jor such completion, or if the said Work is being improperly done, or if the Own'er neglects or abandons the said Work, or any part of it, before completion, or unreasonably delays the execution of the same, or if in any other manner the said Work is not being done properly and .prolilptly in full compliance with the provisions of this Agreement, or in the event that the Owner neglects or refuses to do over again any Work which may be rejected by the Director as defective or unsuitable, or if the Owner in any other manner in the opinion of the Director may default in performance under this Agreement, then in any such" case the Director on the authority of the Council of the Town may notify the Owner and his surety in writing of such default or neglect and within ten (10) clear days after the giving of such notice or within such further period of time as may be specified in the notice, the Town Council shall thereupon have full authority and power immediately at its option to employ a contractor or such workmen as in the opinion of the Director shall be required for the proper completion of such work at the cost and expense of the Owner or his surety, or both. In cases of emer'gency, in the opinion of the Director, such work may be done without prior notice, but the Owner shall forthwith be notified. The cost of such work shall be calculated by the Director, whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of thirty (30%) percent of a 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 charges incurred to cOl'ilplete the work, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this clause is one of the considerations without which the Municipality would not have executed this Agreement. (2) In the event that any liens are filed under The Construction Lien Act such filings shall constitute a default in performance under this agreement, then in any such case the Director may notify.the Owner and his surety in writing of L.R.: 01.9.87 ; .' ..,. 20 - 18 - such default and if the Owner fails to satisfy claims of the lien claimant within ten (10) clear days after the giving of such notice or within such further period of time as may be specified in the notice, then the Municipal Council shall thereupon have full authority and power immediately, at its option, to pay the full amount of the claim and costs into an appropriate court having jurisdiction and the Municipality shall be authorized to use all or part of any performance or maintenance guarantee to do so. In the event that the Municipality draws upon the performance or maintenance guarantee to satisfy the claims and costs of any lien claimant, the Owner shall forthwith upon notice from the Oirector reinstate the performance or maintenance guarantee to the full value required under the terms of the agreement. 5.18 ENTRY FOR EMERGENCY REPAIRS The Owner agrees that, at any time and from time to time, employees or agents of the Town may enter the said Lands for the purpose of making emergency repairs to any of the Works. Such entry and repairing shall not be deemed an acceptance of any of the Works by the Town, nor an assumption by the Town of any liability in connection therewith, nor a release of the Owner from any of its obligations under this Agreement. 5.19 OAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS (1) The Owner agrees to pay the cost. of repairing any damage to any services which. without limiting the generality of the foregoing, shall include road, water, electrical, gas. telephone, cable television or sewer systems. and the cost of relocating any existing services, caused by the development of the Lands or the construction or installation of the Works on the Lands which are required by this Agreement. provided all work is to be done to the satisfaction of the Director and/or authorities responsible for such services. The Owner further agrees to pay the cost of moving any of the Works constructed or installed under this Agreement in driveways or so close thereto as in the opinion of the Director will interfere with the use of the driveway. (2) The Owner agrees that prior to the commencement of, during the period of construction or installation of the Works and until the expiry of the period of required maintenance of the Works on the Lands provided for by Section 5.23 of the Agreement, he will cause to be carried out, at his expense, the approved ground water monitoring program (the "Monitoring Program") around the perimeter of the Lands. The Monitoring Program shall be implemented by a qualified hydrogeologist (the "Hydrogeologist") who shall be retained by the Owner, at the Owner's expense, after the Hydrogeologist first is approved by the Director. The ground water monitoring program shall include the number, location, frequency and method of observation of the piezometric observation wells as well as such other matters as the Director considers appropriate. It shall be prepared and recommended to the Director by the Hydrogeologist for the Director's consideration and approval. After the ground water monitoring program is approved by the Director with or without such modifications as he may consider appropriate. it shall be the Monitoring Program for the purposes of this Agreement. (3) For the duration of the Monitoring Program, the Ownwer agrees to cause the Hydrogeologist. at no cost to the Town, to provide the Director with a copy of all reports prepared by him in connection with or in implementation of the Monitoring Program forthwith after they are prepared. For the duration of the Monitoring Program. the Owner also will cause the Hydrogeologist to make available to the Director, at no cost to the Town, forthwith after a written request therefore is given to the Hydrogeologist by the Director, a copy of all data collected and all analyses made in connection with or in implementation of the Monitoring Program. Forthwith following the completion of the Monitoring Program, the Owner will cause the Hydrogeologist to provide to the Director, at no cost to the Town, a copy of all data collected and all analyses and reports L.R.: 15.09.87 ; o' "" 21 - 19 - made by the Hydrogeologist in connection with or in implementation of the Monitoring Program which previously have not been provided to the Director pursuant to this Section 5.19, together with a certificate of the Hydrogeologist, in a form satisfactory to the Town Solicitor that all the data, analyses and reports required to be provided to the Direction by this Section 5.19, have been provided to him. In addition to the foregoing, the Owner agrees to cause the Hydrogeologist to prepare separate reports, to the satisfaction of the Director for each and every occurrence of apparent well interference caused by construction activity within the Lands and reported to the Town, and to deliver the same to the Director, at no cost to the Town, forthwith after each of them is completed. (4) The Owner agrees that, if after considering a report thereon from the Director in this regard, Council determines that the well or private water supply of any person outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works: (a) where the interference to a well or private water supply is short term duration (i.e. during the course of dewatering and excavation and within one month of the completion of dewatering) make available to the affected party, a temporary supply of water at no cost to the affected party; or where the interference to a well or private water supply is of a long term duration, at the option of the Owner and at his expense, connect the affected party to th~ Town water supply system or provide a new well or private water system so that water supplied to the affected party shall be of a qua'lity and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference, (b) as may be required by Council. (5) If the Director gives written notice to the Owner that he has reason to be1ieve'that the well or private water supply of any person outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works, the Owner agrees that forthwith after such notice is' given, he will cause the quantity of potable water considered to be appropriate by the Director to be supplied to the affected person(s) free of charge either until such time as Council after considering a report thereon from the Director decides that the well or private water supply in question has not been interfered with or dewatered as a result of the construction or installation of the Works, or until such time as the Owner performs his obligation under Paragraph 5.19(4), as the case may be. 5.20 USE OF WORKS BY TOWN The Owner agrees that any of the Works may be used by the Town or other authorized persons, for the purposes for which the Works are designed. Such use of any of the Works shall not be deemed an acceptance of any of the Works by the Town n~r an assumption by the Town of any liability in connection therewith, nor a release of the Owner from any of bis obligations under this Agreement. 5.21 MAINTENANCE OF ROADS AFTER COMPLETION (1) Notwithstanding any other requirement in this Agreement to maintain the Works, if any building on the said Lands is occupied, the Owner shall maintain all of the roads, which are required to be constructed and which provide access to such building, until a Certificate of Acceptance has been issued for such road. The Owner shall: (a) maintain the roads at all times in a well drained, dust and mud free condition, fit for all normal vehicular traffic, to the approval of the Director; and (b) during the course of installation of the Works and Utilities provide and maintain safe and adequate access to all occupied buildings. L.R: 15.09.87 .. "" 22 - 20 - (2) The Town agrees to snowplow and sand paved subdivision roadways. Until the roadways are vested in the Town the Owner shall pay one hundred percent (100%) of the actual cost of snowplowing and sanding such roadways. (3) The provisions of any work or service by the Town under paragraph 5.18 or subparagraph (2) of this paragraph, shall not in any way constitute approval or . assumption of the road and the road shall not be deemed to have been assumed until a Certificate of Acceptance has been issued. 5.22 REQUIREMENTS FOR CERTIFICATE OF COMPLETION The Owner 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 confirmation thereof, referred to herein as a "Certificate of Completion". In addition to any other requirements contained herein, no Certificate of Completion shall be issued until: (1) 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 latest version of the Engineering Drawings apprdved by the Director; and (2) The Town is satisfied that, in respect of the construction and installation of all of the Works authorized by such Authorization to Commence Works, there are no outstanding claims relating to such Works. 5.23 PERIOD OF REQUIRED MAINTENANCE OF WORKS The Owner shall from the date of the issuance of a Certificate of Completion maintain all of the Works covered by such Certificate of Completion for a period as follows: (a) Initial Stage of Road Construction: the greater of, two (2) years from the issuance of the Certificate of Completion for the initial stage of road construction or upon the date of the issuance of the Certificate of-Completion for the final stage of road construction. (b) Final Stage of Road Construction: one (1) year from the date of the issuance of Certificate of Completion for the final stage of road construction. . 5.24 REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE The Owner agrees that any of the Works covered by a Certificate of Completion shall not be accepted, nor deemed to be accepted, for the purpose of this Agreement, until the Director has provided the Owner with written confirmation thereof, referred to herein as a "Certificate of Acceptance". In addition to any other requirements contained herein, no Certificate of Acceptance shall be issued until all of the Works covered by such Certificate of Completion have been inspected by the Director and the Town Council has approved the written report of the Director that all such Works have been maintained to the approval of the Director for the period set out in paragraph 5.23 of this Agreement. 5.25 OWNERSHIP OF WORKS BY TOWN The Owner agrees that, upon the issuance of a Certificate of Acceptance, the ownership of all of the Works covered by such Certificate of Acceptance shall vest in the Town and the Owner shall have no right or claim thereto, other than as an OWner of land abutting a road in which such Works are installed. L.R.: 15.09.87 . ~' 23 - 21 - 5.26 REQUIREMENTS FOR CERTIFICATE OF RELEASE Upon compliance with subparagraph (1), (2), and (3) hereof, the Town agrees to provide the Owner with a written release for the said Lands, referred to herein as the "Certificate of Release", in a form suitable for registration or deposit in the applicable Registry or Land Titles Office. In addition to any of the requirements contained herein, the Certificate of Release for such stage shall not be issued unt 11 : (1 ) ( 2) Certificates of Acceptance have been issued for all of the Works; and a registered Ontario Land Surveyor, approved by the Town, has provided the Town with written confirmation that at a date not earlier than the end of the maintenance period described herein, he has found or replaced ~ll standard iron bars as shown on the Plan and survey monuments at all block corners, the end of all curves, other than corner roundings, and all points of change in direction of roads on the Plan; and (3) the Town Council has, by resolution, acknowledged that the Owner has met all of the provisions of this Agreement. The Certificate of Release shall operate as a discharge of the land described therein of all obligations of the Owner under this Agreement with the exception of the Owner's responsibility for drainage as provided herein and the Owner's acceptance of the conditions for applying for Town building permits as provided herein. 5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES (1) In the event that the Owner is re~uired to install oversized services (hereinafter called "0versized Services') or services outside the limits of the Plan of Subdivision (hereinafter called "External Services") which are more particularly set out in Schedule "P" hereto, the Town agrees that upon a developer of lands outside the Plan of Subdivision connecting to such Oversized or External Services, to pay to the Owner that portion of the cost of the Oversized or External Services (which is also set out in Schedule liP") that is equal to the proportion of the excess capacity of such Oversized or External Services which is estimated to be utilized by such developer. The excess capacity of such Oversized or External Services shall be the capacity of such services estimated to be available after the Owner has fully developed the lands. The portion of such Oversized or External Services estimated to be utilized by a developer of lands outside the Plan of Subdivision shall be calculated by the Director, whose decision shall be final. In determining the cost of the Oversized or External Services there shall be added annually from the first anniversary of the issuing of the Certificate of Completion to the costs set out in Schedule lip" a sum equal to the interest on the amount of the unpaid balance from time to time of the cost of the Oversized or External Services calculated from the date of the issuance of the Certificate of Completion, at the highest prime lending rate charged during the previous year by the Bank of Montreal at its main branch in the City of Toronto, plus two percent (2%). (2) In the event that payment is required to be made under this paragraph by the Town before the issuance of a Certificate of Completion, no interest shall be added to the cost of Oversized or External Services. (3) In the event that payment is required to be made under this paragraph by the Town before the first anniversary of the issuance of the Certificate of Completion, interest shall be calculated at the highest prime rate charged by such bank, plus two percent (2%) from the date of the issuance of the Certificate of Completion to the date of payment. Interest shall be calculated on a per diem basis to the date of payment. L.R.: 15.9.87 .. ~.. "" 24 - 22 - 5.28 RESPONSIBILITY OF SUBSEQUENT OWNERS Even after the issuance of the Certificate of Release the registered owner of each lot or block on the Plan shall have the sole responsibility for the following: (l) The registered owner shall be responsible for providing and maintaining adequate drainage of surface waters from such lot or block in accordance with the approved lot grading and drainage plans referred to in Paragraph 5.6 herein. (2) The registered owner of a lot or lots within the Plan, shall be responsible for compliance with the terms of Paragraph 4.5 "Requirements for Building Permits" of this Agreement if, at the time, a Certificate for Release is issued, no building permit has been issued for such lot or lots. (3) The registered owner of a lot or lots within the Plan, shall be responsible for the maintenance of fencing required pursuant to Paragraph Seven (7) on Schedule 'G1 to this agreement. 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 authori zed' in that behalf. SIGNED, SEALED AND DELIVERED) In the presence of: ) ) ) ) ~ . ) ~ MAYOR ,~=, ) ) ~ ~ ) loR.: 01.9.87 .' '"1 25 THIS SCHEDULE IS SCHEDULE nAn to the Agreer.1ent which has been authori zed and approved by By-law No. 86-149 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of Nover.1ber, 1986. LEGAL DESCRIPTION OF SAID LANDS FIRSTLY SCHICKEDANZ BROS. LIMITED LANDS: The whole of Parcel 10-1, Section Con. 1, Newcastle (Bowmanville) being those parts of Town Lots 12, 13 and 14, in Block 4 (formerly part of Lot 10, in Concession 1), according to C.G. Hanning's Plan designated as Part 1, on Plan 10R-953, Town of Newcastle, Regional Municipality of Durham. SECONDLY VELTRI AND SON LIMITED LANDS: The whole of the remainder of Parcel 11-1, Section Block 4 - Hanning Bownanville, being part of Town Lot 11, Block 4, according to C.G. Hanning's Plan (being a subdivision of Part of Lot 10, in Concession 1 of the original Township of Darlington) designated as Part 1 on Plan 10R-1284, together with an easement over Part 3 on Plan lOR-1284 for ten years from June 17, 1981, Town of NeHcastle, Regional t.1unicipality of Durham. 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: ) ) ) ) ) ) ) ) ) ) ) F THE TOWN OF NEWCASTLE ~ \ ~~-= SECRETARY ~ ) ) ) ) ) ) ) ) L.R.: 01.9.87 . . THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authori zed and'" 2.. approved by By-law No. 86-149 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of November, 1986. PLAN OF SUBDIVISION - SEE ATTACHED - '. 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) T E TOWN OF NEWCASTLE .o~ L.R.: 01.9.87 27 THIS SCHEDULE IS SCHEDULE "c" to the Agreement which has been authorized and approved by By-law No. 86-149 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of November, 1986. CHARGES AGAINST SAID LANDS (1) MUNICIPAL TAXES (to be paid upon execution, where applicable) (2) LOCAL IMPROVEMENT CHARGES (to be paid upon execution, where applicable) (3) DRAINAGE CHARGES (to be paid upon execution, .' where applicable) 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) L.R.: 01.9.87 E TOWN OF NEWCASTLE OR c<-~ (~- T~IS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and 28 approved by By-law No. 86-149 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of November, 1986. DEVELOPMENT CHARGES The Owner shall pay to the Town development charges in the amount of $259,600.00 (calculated at the rate of $2,200.00 for each dwelling unit) which shall be paid as f 011 ows : 25% of the aforesaid sum being $64,900.00 prior to the date of the issuance of the building permit for the first dwelling unit. 25% of the aforesaid sum being $64,900.00 prior to the date of the issuance of the building permit for the 30th dwelling unit. 25% of the aforesaid sum being $64,900.00 prior to the issuance of the building permit for the 60th dwelling unit, whichever date is the sooner. th~ remainder of the aforesaid sum being $64,900.00 prior to issuance of the building permit for the 90th dwelling unit. For the purposes of this Schedule and the Agreement development charges actually paid to the Town shall be applied in the first instance on a pro-rata basis against all lots or blocks within the Plan upon which it is contemplated by this Agreement that residences shall be built but, upon the issuance of the first building permit and thereafter, the development charges shall be first applied . in full satisfaction of the development charges owing on the lots or blocks in respect of which the building permits have been issued and the balance of any development charges actually paid to the Town (if any) shall be applied on a pro-rata basis against all lots or blocks within the Plan upon which it is contemplated by this Agreement that residences shall be built but for which no building permit has been issued. For the purposes of this Schedule and the Agreement the number of building permits issued shall be the aggregate of all building permits issued with respect to any lot or block within the Plan whether issued to the Owner or any other person. The Town shall review its schedule of development charges annually and may adjust the amount of the development charges herein in accordance therewith. The Owner hereby acknowledges and agrees to such annual adjustment and further agrees that such adjusted development charges shall be applicable to all lots or blocks within the Plan for which development charges remain due. However, the Town hereby acknowledges and agrees that, prior to the enforcement of the adjusted development charges, a sixty {60} day period will be observed wherein any remaining development charges ~ay be paid in full at the previously approved amount. 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: ) ) ) ) ) } } ) ) ) ) LA.,I. ri2~ K '\.. - L.R.: 21.9.87 -, 29 . THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized and approved by By-law No. 86-149 of the Corporation of the Town of New~astle, enacted and passed the 24th day of ~ovember, 1986. GRANTS OF EASEMENTS TO BE DEDICATED The Owner shall deliver to the Town in a form satisfactory to the Town the . fo 11 owi n9 easement s: Part of Lot 58, designated as Part 1, Plan 10R- basin. for rear lot catch Part of Lots 51, 50, 49, 29, 27, 11 and 10 and Blocks 75, 70, 71 and 73, designated as Parts 2 to 13, inclusive, Plan 10R- for temporary snow storage easement provided same does not block access to the said lots and blocks. Part of Lot 9, Concession 1, designated as Part 4, Plan 10R- for storm sewer and part of Lot 9, Concession 1, designated as Part 5, Plan 10R- for temporary working easement. 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 ) 5 T E TOWN OF NEWCASTLE In the presence of: ) ) ) M ) ) ) K ) ) ) ) ) ) ) ) ) I ::~:::E::D SO~~/ ) loR.: 21.9.87 ~, ." 30 THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been authorized and approved by By-law No. 86-149 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of November, 1986. LANDS AND/OR CASH TO BE DEDICATED (1 ) DEDICATION OF LANDS The Owner shall deliver to the Town in a fonn .satisfactory to the Town, deeds to the following land: Block 72 . Emergency Access Block 79 - 0.3 Metre Reserve Block 80 . 0.3 Metre Reserve Block 81 . 0.3 Metre Reserve Block 82 . 0.3 Metre Reserve Block 83 - 0.3 Metre Reserve Block 84 - 0.3 Metre Reserve Block 85 - 0.3 Metre Reserve (2) CASH IN LIEU OF LANDS ~ . The Owner shall pay to the Town, as cash in lieu of the dedication by the Owner to the Town of lands for public purposes, the amount of five percent (5%) of the market value of the said lands agreed upon as five percent (5%) of $190,000.00, being $9,500.00, upon the execution of this ~. Agreement. r 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: ) ) ) ) ) ) ) ) ) ) ) cQ cG~~- \ ) ) ) I ::~:::E::O SO~L ) . L. R.: 01. 9.87 31. THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized and approved by By-law No. 86-149 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of November, 1986. WORKS REQUIRED 1. STORM SEWER SYSTEM The Owner shall construct, install, supervise and maintain a storm drainage system, satisfactory to the Town, for the removal of upstream storm water and storm water originating within the said lands, including storm sewer mains, manholes, service connections, catchbasins and leads, open channels, storm outfalls and any other appurtenances as may be required in accordance with the Town of Newcastle's Design Criteria and Standard Drawings. The Owner agrees to produce Engineering Drawings for the storm drainage system, to the satisfaction of the Director of Public Works. The Owner agrees to obtain any easements required external to the said lands, at no expense to the Municipality for the disposal of storm water from the said 1 and s . 2. ROADWAYS The Owner shall construct and install the following .serviceson the various streets, shown on the Plan as follows:- (a) pavement widths to be applied to the following streets:- As shown on the Engineering Drawings. The grading and paving of all streets, inclUding the installation of Granular "A" and Granular "6" material to provide a proper base for paving, shall be as per the Town of Newcastle Design Criteria & Standard .Drawings. The Owner shall construct curbs and gutters on both sides of all streets, as per the Town of Newcastle's Design Criteria and Standard Drawings. The Owner shall construct, install and maintain complete sidewalks in accordance with the Town of Newcastle's Design Criteria and Standard Drawings, on the following locations:- As shown on the Engineering Drawings. The Owner agrees to the grading and paving of all driveways between the curbs and sidewalks, in accordance with the Town of Newcastle's Design Criteria and Standard Drawings. The grading and paving of all driveways between the curbs and sidewalks, where sidewalks are installed, and in all other cases, the grading and gravelling of the driveway between the curbS and the lot lines. (b) (c) (d) (e) (f) The Owner agrees to construct, install, energize and maintain Street Lighting, in accordance with the Town's specifications, on all streets and walkways, to the satisfaction of the Director of Public Works. The Owner agrees to the topsoiling and sodding of the boulevards between the curbs and the property line, as according to the Town of Newcastle's Design Criteria and Standard Drawings to the satisfaction of the Director of Public Works. (g) L. R. : 01.9.87 .. ..., 32 Schedule "G" - 2 - (i) The Owner agrees to supply, install and maintain traffic signs and per~anent street-name signs, in accordance with the Town's Design Criteria and Standard Drawings and to the satisfaction of the Director of PUblic Wo rk s . The Owner shall provide, plant and maintain, under the supervision of a qualified nurseryman or horticulturist (and guarantee for one year from date of planting) one tree on each lot, as per the Landscaping Plan and in accordance with the Town of Newcastle's Design Criteria and as approved by the Director of Public Works. Tree species to be to the satisfaction of the Director, and 2 to 2.5 metres in height and 3 cm. in caliper, staked and bagged as necessary. (11) 3. PEDESTRIAN WALKWAYS NOT APPLICABLE The Owner agrees to construct, install and maintain completed pedestrian walkways, inclUding all appurtenant fencing and lighting, in accordance with Engineering Drawings to be approved by the Director of Public Works, and shall be: (i) paved or concrete fro~ edge to edge; (ii) properly drained; (iii) fenced and screened; I (iv) extended to the curb of any intersecting streets and provide appropriate curb cuts at these locations. 4. TEMPORARY TURNING CIRCLES' The Owner shall provide and grant to the Town any turning circle(s) required by the conditions of draft plan approval in accordance with the Town's Standard Drawings, and construct and maintain such turning circles in accordance with the Town's Design Criteria and Standards Drawings, approved by the Director of Public Works. Such temporary turning circle shall be shown on the final plans as a block and shall be held by the Town until the extension of the streets at . which time the block shall be conveyed without charge to the Qwners of the abutting lots. . 5. CONSERVATION WORKS In addition to the work required by the Schedule "Q", the Owner shall construct, install and ~aintain certain conservation works within this Plan, such as retaining vlalls, drainage channels and watercourse channeJization works, including all appurtenant fences' and all other apparatus, in accordance with the Engineering Drawings approved by the Director of Public Works. 6. LOT GRADING The Owner agrees to rough-grade all blocks and parks, according to the Tree Preservation Plan and the Lot Grading Plan, to the satisfaction of the Director of Public Works and in the case of parks, to the satisfaction of the Director of Community Services. 7. FENCl NG . The Owner agrees to supply, erect and maintain fencing in accordance with . Engineering Drawings to be approved by the Director of Public Works. The following locations for fencing are required along the boundaries of: (i) Lots 53 to 69 inclusive (northerly Lot Line) -> 1.5m Solid Board Fence (ii) Lots 50 to 53 inclusive (westerly Lot Line) -> 1.5m Solid Board Fence (iii) Lots 1 to 10 inclusive & Block 73 (southerly Lot Line abutting Bowmanville High School) -> 1.5m Chainlink Fence L.R.: 01.9.87 ., 33 Schedule "G" - 3 - 8. EXTERNAL WORKS The Owner agrees to pay one-half of the cost of reconstruction of Concession Street abutting his lands. The reconstruction program will include: (a) (i) (i i) (iii) (i v) (v) (vi) (vi i ) Storm sewer system and all appurtenances Installation of Granular "A" and "B" and paving to a pavement width of 10 metres Curb and Gutters and Sidewalks Sodding of boulevards Paving of driveway approaches Street lighting Any Regional works required. (b) All work to be completed to the Town of Newcastle's Design Criteria and Standard Drawings and as per the Engineering Drawings approved by the Director of Public Works. 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. SIGNEO, SEALED AND DELIVERED) In the presence of: ) ) ) ) ) ) ) ~ ) ) ) ) L K .VELTRI A~~~ PRESIDEN L.R.: 21.9.87 34 THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been authorized and ~pproved by By-law No. 86-149 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of November, 1986. UTILITIES AND SERVICES REQUIRED 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 Campany 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. STREET LIGHTING SYSTEM The Owner shall arrange with the appropriate authority having jurisdiction for .for the design, provision and installation of a complete street lighting system to serve the said Lands on behalf of the Town in whose ownership the system shall vest upon acceptance of the works including all appurtenant apparatus and equipment, in the locations as approved by the Director. The Owner shall furnish written evidence satisfactory to the Director that such arrangements have been made prior to the issuance of any Authorization to Commence Works. 3. 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. 4. GAS SUPPLY SYSTEM The Owner shall arrange wi th an appropri ate gas company for the desi gn, 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 Di recto r. 5. CABLE TELEVISION The Owner shall arrange with the Cable Television Company having authority to :provide its services within the area of the Plan of Subdivision for the design, provision and installation of a complete cable television distribution system to ~erve the said Lands. All cable television services are to be installed . underground. 6. t;lAIL DISTRIBUTION SYSTEI1 :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. L.R.: 01.9.87 Page 2 of SCHEDULE IIHII .... 35 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: ) ) ) ) ) ) ) ) ) ) L . R. : 01. 9.87 E TOWN OF NEWCASTLE ) ) ) ) ) ) ) ) ) ~.~~ ~ y - 38 THIS SCHEDULE IS SCHEDULE "1" to the Agreement which has been authorized and approved by By-law No. 86-149 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of November, 1986. DUTIES OF OWNER'S ENGINEERS 1. DESIGN WORKS AND PRIVATE WORKS The Owner's Engineers shall prepare the following for the approval of the Director: (a) the Engineeering Drawings; (b) the Grading and Drainage Plan; (c) the Landscaping Plan; (d) the Schedule of Work; (e) the Staging Plan; (f) the Works Cost Estimate; and (g) the Stage Cost Estimate. The approval of the Director shall not absolve the Owner or the Owner's Engineer of the responsibility for any errors or omissions in the above drawings, Plans or documents. 2. REPRESENT OWNER AND OBTAIN APPROVALS The Owner's Engineer shall act as the Owner's representative in all matters pertaining to the construction and installation of the Works and sh~l co-operate with the Town to obtain the necessary approvals for construction and installation. 3. PROVIDE RESIDENT SUPERVISION The Owner's Engineer shall provide fully qualified supervisory layout and inspection staff to provide continuous service during all phases of the construction and installation of the Works and the Private Works and to perform the following: (a) provide field layout including the provision of line and grade to the contractors and, where required, restaking; and (b) inspect the construction and installation to ensure that all work is being performed in accordance with the contract doucments; and (c) arrange for or carry out all necessary field testing of materials and equipment installed or proposed to be installed at the request of the Di rector; and (d) provide co-ordination and scheduling of the construction and installation in accordance with the timing provision contained herein and the requirements of the Director; and (e) investigate and report to the Director any unusual circumstances which may arise during the construction and installation; and (f) obtain field information, during and upon completion of the construction and installation, required to modify the Engineering Drawings to produce the As-constructed drawings. 4. MAINTAIN RECORDS The Owner's Engineer shall maintain all records pertaining to the construction and installation. 5. PROVIDE PROGRESS REPORTS The Owner's Engineer shall provide the Director with reports on the progress of the construction and installation on a monthly basis, or at such other interval as approved by the Director. L.R.: 01.9.87 Schedule I - 2 - 37 6. PREPARE AS CONSTRUCTED DRAWINGS The Owner's Engineer shall prepare the As-constructed Drawings for the approval of the Director. 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: ) ) ) ) ) ) ) ) ) ) ) ) ) I ::~:::E::D ~~ ) L.R.: 01.9.87 38 THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been authorized and approved by By-law No. 86-149 of the Corporation of the Town of Newcastlet enacted and passed the 24th day of November, 1986. COST ESTIMATES ESTIMATED COST OF WORKS STORM SEWERS (including pipes, manholes, catchbasins and connections, headwalls and appurtenances) ROADS (including final gradingt Granular basest asphalting, curbs and gutters, sodding and boulevards) $ 620,691.00 ROUGH GRADING SIDEWALKS FENCING STREET L IGHTI NG ENGINEERING & CONTINGENCIES TOTAL ESTIMATED COST OF SERVICES (a) CASH CONTRIBUTIONS: $ 330,002.00 $ 95,000.00 $ 46,770.00 $ 17,000.00 $ 30,000.00 $ 168,537.00 $1,308,000.00 (1) Reconstruction of Concession Street 118 units x $500.00 per unit (2) Creek Erosion and Flooding Report TOTAL $ 59,000.00 $ 10,000.00 $ 69,000.00 (b) PERFORMANCE GUARANTEE: i) Downstream erosion and flooding protection measures ............. $ 50,000.00 The Performance Guarantee has been based on Preliminary Estimates only, and, when the final Engineering Drawings have been approved by the Director of Public Works, a revised Cost Estimate of the Works, Underground Hydro, . Engineering and Contingencies shall be prepared by the Owner's Engineer and submitted to the Director of Public Works for his approval. This revised Cost Estimate shall be used as a basis to adjust the Performance Guarantee, if the Estimate increases or decreases. L.R.: 21.9.87 39 Page 2 of SCHEDULE "J" 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: THE TOWN OF NEWCASTLE ~C#=. ) ~ ~ ) L.R.: 15.9.87 40 The Owner shall obtain and maintain insurance of the character commonly referred to as public liability and property damage with an insurance company approve~ by the "Iunicipal Teasurer and duly authorized by law to underwrite such insurance. Such policy or policies of insurance shall indemnify the Town against all dar.lages or claims for damages 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; and (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 Horks or any of the Ut l1i ties or any part or parts thereof respectively; and (c) any injury to any person or persons including workmen employed on the said Lands and the public; and (d) any loss or damage that shall or may result from the storage, use or handling of explosives; and (e) any loss or damage that shall or may result from the drainage of surface waters on or from the said Lands; and (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 and Utilities pertaining thereto. 2. Af.lOUNTS OF COVERAGE REQUIRED Policy or policies of insurance shall be issued jointly in the names of the Owner and the Town and shall p~ovide the following minimum coverages: (a) $1,000,000.00 for loss or damage resulting from bodily injury to, or death of anyone person; and (b) $2,000,000.00 for loss or damage resulting from bodily injury to, or death of, two or more persons arising out of the same accident; and (c) $1,000,000.00 for anyone occurance of property damage. The issuance of such policy or policies of insurance shall not be construed to relieve the Owner from responsibility for other or larger claims for which it may be held responsible. 3. EX8~PTION OF COVERAGE PROHIBITED The policy or polices of insurance shall contain no coverage exemptions or limitations for: (a) any shoring, underpinning, raising or demolition of any building or structure; or (b) any pile driving or" caisson work; or L .R.: 01.9.87 4J Page 2 of Schedule "K" (c) any collapse or subsidence of any building, structure or land from any cause j or (d) any storage, handling or use of explosives. 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) THE CORPORATION OF H TOWN OF NEWCASTLE I the presence of: ) ) ) ~ LL~' cC~=- ) ) ) ) ) ) ) ) ) ) ) ) ) L.R.: 01.9.87 42 .. THIS SCHEOULE IS SCHEDULE IILII to the Agreement which has been authorized and approved by By-law No. 86-149 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of November, 1986. REGULATIONS FOR CONSTRUCTION 1. REQUIREMENTS FOR BLASTING The Owner shall, prior to commencing any blasting, obtain from the Director, permission to carry out the blasting operation. 2. REMOVAL OF TOP SOIL The Ovmer shall not remove any top soil from the said Lands except for construction purposes and such top soil must remain within the limits of the said Lands. 3. 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. 4. DISPOSAL OF CONSTRUCTION GARBAGE All construction garbage and debris from the said Lands must be disposed of 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 agrees to deliver a copy of this clause 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. 5. . QUALITATIVE AND QUANTITIVE TESTS The Owner agrees that the Town may have qualitative or quantative tests made of any materials or equipment installed or proposed to be installed. The costs of such tests shall be paid by the Owner. 6. MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS The Owner shall, at all times during the life of this Agreement ensure that all public roads abutting the said Lands and all public roads used for access to the said Lands, during any construction on the said Lands, shall be maintained i.n a condition equal to that now existing and to the approval of the Director. The Owner shall maintain, at all times, all such roads free of dust and mud originating from the lands during the course of construction. If damaged, the O\mer agrees to restore irrrnediately, and at its own expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Director. No public road outside the limits of the said Lands shall be closed without the prior written approval of the authority having jurisdiction over such public road. The Owner agrees not to use or occupy any untravel led portion of any public road allowance without the prior written approval of the authority havi'ng jurisdiction over such public road allowance. 7. MAINTENANCE OF INTERNAL ROADS The Owner shall, prior to the placement of the base course of asphalt on any road required to be constructed under this Agreement, remove any contamination of the granular base course and repair and replace such base course, where necessary, to the approval of the Director, in order that the construction of such road shall not have suffered due to any use of the granular base course as a temporary road. Similarly, the Owner shall, prior to the placement of the surface of asphalt on any road required to be constructed under this Agreement, clean the base course of asphalt and repair and replace such base course where necessary. L.R.: 01.9.87 43 Page 2 of Schedule "L" 8. WEED AND RAT CONTROL After the co~mence~ent of construction the Owner shall institute upon the Lands a progra~ of weed and rat control to the satisfaction of the Director. 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: ) ) j ) ) ) ) VELTRI .AND SON L.R.: 01.9.87 44 THIS SCHEDULE IS SCHEDULE "WI to the Agreement which has been authori zed and approved by By-law No. 86-149 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of November, 1986. USE OF SAID LANDS The O\mer agrees that the said lands shall not be used for any purpose other than as set out in the following table: LOT OR BLOCK NUMBER LAND USE All Lots and Blocks In compliance with Zoning By-law 84-63, as amended, from time to time. 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: ) ) ) . ) ) ) ) ) ) ) ) t [;Cl-~%- ~--~ SECRETARY - ) ) ) ) ) ) ) ) VELTRI A~~ PRESIDEN . ~ L .R.: 01. 9.87 45 THIS SCHEDULE IS SCHEDULE "Nil to the Agreement which has been authorized and approved by By-law No. 86-149 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of November, 1986. LANDS UNSUITABLE FOR BUILDING The Owner agrees that no application will be made for a Building Permit for the erection of any structure on any of the said lands listed in the following table, until the conditions listed in the following table have been satisfied to the approval of the Directors of Planning and Public Works and/or any other Authorities having jurisdiction. LOT OR BLOCK NUMBER CONDITIONS TO BE SATISFIED 810cks 76 and 77 Block 78 Lots 60, 61, 62 and 63 Blocks 73 & 75 Blocks 70 & 71 Additional abutting lands must be acquired to make up building lots. Lot Development Charges, Cash Contribution towards the reconstruction of Concession Street. Sanitary sewer required on Concession Street. Lot Development Charges, Cash Contribution towards the reconstruction of Concession Street. Minor Variance required for lot areas. To be developed in conjunction with adjacent lands. Completion of Road pattern, Lot Development Charges and Cash Contribution towards the reconstruction of Concession Street. IN WITNESS WijEREOF 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) L.R.: 21.9.87 VELTRI At?lt~? PRESIDEN . ..~ 46 THIS SCHEDULE IS SCHEDULE flQ" to the Agree~ent which has been authorized and approved by By-law No. 86-149 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of November, 1986. LANDS REQUIRING SITE PLAN APPROVAL The Owner agrees that no application will be made for a Building Permit for the erection of any structure on any of the lands listed in the following table until a site plan agreement has been entered into with the Town and the buil di ng per~it co~plies in all respects with the terms of the site plan agreement. LOT OR BLOCK NUMBER - NIL - \. 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. SIGHED, SEALED AND DELIVERED In the presence of: ) SECRETARY ) ) ) ) ) ) ) L.R.: 01.9.87 47 THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been authorized and approved by By-law No. 86-149 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of November, 1986. OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED AND/OR EXTERNAL SERVICES 1. EXTERNAL ROAD SYSTEMS: The Town endeavours to collect from the developers of the lands abutting Trudeau Dri ve, 50 percent of the road construction costs where external developers abut one side of the road, and 100 percent of the road construction costs where external developers abut both side of the road, and rebate said amount to the Owner. The construction cost of these road works to be rebated is $81,056.34. The above figure represents the estimated road construction cost based on the engineering drawings as outlined in Schedules 'G1 & IJ' and approved by the Director of Public Works. Upon completion of the road construction, the above estimated cost shall be updated to reflect the 'as constructed' costs and subsequently be approved by the Director of Public Works. There shall be no reimbursement by the Town to the Owner for improvements to the external roads. 2. STORM DRAINAGE: In accordance with Section 5.27 of the Agreement and Schedule "G" (1) of the Subdivision Agreement, hereto attached, the Town agrees to make every effort to collect and reimburse the Owner, fifty percent of the sewer construction costs where external developers abut one side of the sewer, and one hundred percent of the sewer construction costs where external developers abut both sides of the sewer, and for all excess capacity required for external drainage. The construction cost of these sewer works to be rebated is $7,745.31. The above figure represents the estimated construction cost based on the engineering drawings as outlined in Schedules 'G' & 'J' and approved by the Director of Public Works. Upon completion of the storm construction, the above estimated cost shall be updated to reflect the 'as constructed' costs and subsequently be approved by the Director of Public Works. 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) loR.: 15.9.87 'Ccu.&~- \ 48 THIS SCHEDULE IS SCHEDULE "Q" to the Agreer.lent which has been authori zed and approved by By-law No. 86-149 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of November, 1986. CONSERVATION AUTHORITY'S WORKS . (1) No grading, filling or construction related to storm servicing shall occur without the written approval of the Central Lake Ontario Conservation Authority. (2) Prior to the cOr.lmencement of site preparation, including the rough grading of roads, the Owner shall submit to the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources for their respective approval, a report detailing the means to be used in effecting erosion and sedimentation control for the site. (3) Prior to final approval of the Plan of Subdivision and the submission of lot grading or servicing plans, the Owner shall submit to the Central Lake Ontario Conservation Authority, the Ministry of Natural Resources and the Town of Newcastle for their respective approval, a storm water management plan for the subject property which will form a component of an overall storm water management plan for the water shed of the Soper Creek tributary located to the northwest of King Street and Mearns Avenue. . 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: ) ) ) ) ) ) ) ) . ) ) ) ) ) ) ) ) ) ) ) ) OF HE TOWN OF NEWCASTLE ,-CL-<J' {].o6-o- " VELTRZK~~ PRESI L.R.: 01.9.87 49 THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authori zed and approved by By-law No. 86-149 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of November, 1986. ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT Estimated Costs of Works Fees Up to $100,000.00 $100,000.00 to $500,000.00 4% to a ~~XIMUM OF $4,000.00 $4,000.00 or 3.5% of the estimated cost of services - whichever is greate r $500,000.00 to $1 ,000,000.00 $17,500.00 or 3% of the estir:1ated cost of services - whichever is greater $3,000,000.00 to $4,000,000.00 $30,000.00 or 2.5% of the estimated cost of services - whichever is greater $50,000.00 or 2.25% of the estimated cost of services - whichever is greater $67,500.00 or 2% of the estir:1ated cost of services - whichever is great er 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 include the estimated cost of Regional services. $1,000,000.00 to $2,000,000.00 $2,000,000.00 to $3,000,000.00 The aforesaid amount is to be paid prior to issuance of the authorization to COr:1r:1ence for each respective phase. 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 th~ hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED) In the presence of: ) . ) ) ) ) ) ) ) ) ) ) ::::::E~~/ L.R.: 01.9.87 .~~.~ 51 THIS SCHEDULE IS SCHEDULE "s" to the Agreement which has been autho ri zed and approved by By-law No. 86-149 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of November, 1986. REGION'S CONDITIONS OF DRAFT PLAN APPROVAL - SEE ATTACHED - 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: ) ) ) ) ) ) ) ) ) ) ) L.R.: 01.9.87 TOWN OF NEWCASTLE \'. , ). SECRETARY ) ) ~ ) } } -=e,~~ . DURHAM The Regional Municipality of Durham Planning Department 601l 623 105 Consumers Dr. Whitby. Ontario Canada. L 1N 8A3 (416) 668.7731 DR. M. R. MICHAEL. M.C.I.P. Commissioner of Planning 5.1 August 26" 1987 Schickedanz Bros. Ltd. Suite 105 3311, Bayview Avenue Willowdale, Ontario M2K 1G4 &~CClEll W/JEJD) '\UG 28.. 1987 TOWN OF NEWCASTlE PLANr~ING DEFARfMfNT Dear Sirs: Re: Amendment to Draft Approval File No. 18T-86038 Municipality: Town of Newcastle Please be advised that the above draft approved plan of subdivision is amended to allow relotting of Lots 50 to 66 and Block 67 all inclusive as is indicated on the attached Plan. In addition,' the draft conditions of approval are revised as follows: . ' Condition 1 is revised to read: "That this approval applies to draft plan of sbudivision 18T-86038 prepared by,Marshall Macklin Monaghan, identified as drawing No. 20.6.0185 and dated July 21, 1987 showing 49 lots for semi-detached housing, 20 lots for single detached housing and blocks for reserves, future development and temporary/emergency access." Condition 415 revised by replacing the reference to "Blocks 74, 75, 76 and 77" with IIBloc~s 82, 81, 79 and 80". Condition 5 is revised by replacing the reference to "Street I A I" with "Hendry Gate". 'Condition'l8(b, is revised by replacing the reference to "Block 78" with uBloc 74". . . , Condition 18~d)is.revised by replacing the reference to "Blocks 69, o and 71" with "Blocks 70, 71, and 72". Condition. l8(e) fs revised by replacing the reference to "Blocks 69 and 70" with "Blocks 70 and 7l", and by replacing the reference to "Streets I B I ~ I C I and 10"1 with "Trudeau Ori ve and Marchwood Crescent". . .... 52 - 2 - The amendments to the draft approved plan of subdivision and the conditions of draft approval are necessary to create a transition zone between existing single detached housing and the semi-detached housing proposed within this plan of subdivision. Yours very truly, ~~. Jim Blair. M.C.I.P. for Dr. M. Michael, M.C.I.P. Commissioner of Planning :LM cc. C. Lundy. Regional Clerk G. ;Crawford, Works Dept. Mini$~ry of Municipal Affairs C.L.O.C.A., .. Mi 111 stry of Natural Resources, L1 ndsay Town of Newcastle ~ Northumberland & Newcastle ' Board of Education - I . .. , . , , .- .~ 53 Attachment No.2 to letter dated February 27, 1987. From: Dr. M. Michael, Commissioner of Planning To: Schickendanz Bros. Ltd. Re: . Plan of Subdivision 18T-86038 Town of Newcastle CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION FOR THIS PLAN OF SUBDIVISION WILL BE AS FOLLOWS: NO. - CONDITIONS 1. That this approval applies to draft plan of subdivision 18T-86038, prepared by Marshall, Mackl in, Monaghan, identi fied as Sub. No. 30.86009.POI revised and dated October 15, 1986, which is revised in red as per the attached plan showing 66 lots for semi-detach,ed housing and blocks for reserves and temporary/emergency access. 2. That the road allowances included in this draft plan shall be dedicated as public highway. 3. That the road allowances included in this draft plan shall be named to the satisfaction of the Region of Durham and the Town of Newcastle. 4. That any deadends and/or open sides of road allowances created by thi s draft pl an shall be terminated in 0.3 metre reserve(s) to be conveyed to the Town of Newcastle. This shall include Blocks 74, 75, 76 and 77. 5. That 4.5 metre sight triangles be provided and be dedicated free and cl ear of all encumbrances to the Town of lewcastle at all intersections, save and except, the intersection of Street NAN and Concession Street. 6. That Block 73, being a 10 foot road widening on the total frontage of the subject plan abutting Liberty Street, be dedicated, free and clear of all encumbrances, to the Regional Municipality of Durham. 7. That the owner shall convey land to the Town of Newcastle for park or other public recreational purposes in accordance with the Planning Act. Alternatively, the municipality may accept cash-in-lieu of such conveyance. 8. That such easements as may be required for utilities, drainage'and servicing purposes shall be granted to the appropriate authority. 9. That the uses shown on the approved plan shall be zoned in an appropriate zoning by-law passed by the Council of the Town of Newcastle in effect in accordance with the Planning Act. , ~ 54 -2- 10. That the owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within the limits of the plan which are required to service such plan. In addition, the owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to his subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed as per the standards and requirements of the Works Department of the Region of Durham; all arrangements, financial and otherwise, for said extensions are to be to the satisfaction of the Region of Durham and are to be completed prior to final approval. 11. That prior to entering into a subdivision agreement the Region of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacity are available to the proposed subdivision. 12. That prior to final approval, the Region of Durham shall be satisfied that sanitary sewer and water supply services are installed or will be installed in the abutting/adjacent plan of subdivision 18T-76011. 13. No grading, filling, or construction related to storm servicing shall occur without the written approval of the Central lake Ontario Conservation Authority (C.l.O.C.A.). 14. Prior to the commencement of site preparation, including the rough grading of roads, the owner shall submit to the Centr.l lake Ontario Conservation Authority and the Ministry of Natural Resources for their respective approv.', a report detailing the means to be used in effecting erosion and s.d1Gentation control for the site. 15. Prior to final approval of the plan of subdivision and the submission of lot grading or servicing plans, the owner shall submit to the Central lake Ontario Conservation Authority, the Ministry of Natural Resources, and the Town of Newcastle for their respective approval, a stormwater management plan for the subject property which will form a component of an overall stormwater management plan for the watershed of the Soper Creek tributary located to the northwest of King Street and Mearns Avenue. 16. That prior to final approval of the plan, the owner shall satisfy all requirements, financial and otherwise, of the Region of Durham. This shall include, among other matters, execution of . subdivision agreement between the owner and the Region of Durham concerning the provision and installation of sanitary sewer, water supply, roads and other regional services. " , ., -3- Ii) 17. That prior to final approval of the plan, the owner shall satisfy all requirements, financial and otherwise, of the Town of Newcastle. This shall include, among other matters, execution of a subdivision agreement between the owner and the Town of Newcastle, concerning the provision and installation of roads, services and drainage, and other. local services. 18. That the subdivi sion agreement between the owner and the Town of Newcastle shall contain, among other matters, the following provisions: a) that the owner agrees in the subdivision agreement in wording acceptable to the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources, to carry out or cause to be carri ed out: i) site grading and the recommendations of the erosion and sedimentation control report referred to in condition 14; and ii)the stormwater management plan for the subject lands referred to in condition 15. b) that the owner agrees to convey Bloek 72 to the Newcastle Power C01IImission for use in conjunction with the electrical substation planned for Block 'S' of Plan of Subdivision 18T-16011. c) that the owner covenants and agrees to bear the costs of any works on Concession Street whict. are necessitated as a result of this development. d) that the owner agrees to COftstntct ttle te.orerylemergency accesses within Blocks 69, 70 aftd 11 to ~he satisfaction of the Town of Newcastle. e) that the owner agrees that prior to the removal of said temporary/emergency access on Blocks 69 and 70, the development of the lands to the west and the extensions of streets liB", "C" and "0" shall be completed. f) that the owner agrees to erect at his own expense and to the specifications of the Northumberland and Newcastle Board of Education a fence between the subdivision and the Bowmanvi11e High School. 19. That prior to final approval, the Commissioner of Planning for the Region of Durham, shall be advised in writing by: a) The Town of Newcastle, how conditions 1.2,3.4,5,7.8.9,15,17 and 18 have been satisfied; b) The Central Lake Ontqario Conservation ~uthor;ty, how conditions 13,14,15 and 181) have been satisfied; .. ~ l . . .. ---- ",-,---' -4- s~ c) The Ministry of Natural Resources. how conditions 14.15 and 18a) have been satisfied. d) The Northumberland and Newcastle Board of Education. how condition 18f) has been satisfied. NOTES TO DRAFT APPROVAL 1. As owner of the proposed subdivision. it is in your interest as well as your responsibility to satisfy all conditions of approval in an expeditious manner. 2. All plans of subdivision must be registered in the land titles system within the Durham Region. 3. Where agencies requirements are contained in the subdivision agreement. a copy of the agreement shall be sent to these agencies in order to facilitate their clearance for final approval. These agencies are: a) Mr. Chris Conti, Central lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawl, Ontario. llH 3T3. b) Mr. W. H. Foreman, Lindsay District, ,"ft1stry of Natural Resources. 322 Kent Street West, l1adsay, Ontario, K9V 4T7. c) Mr. Oavid Oakes. Clerk, Town of "castle, 40 Te",erance Street, Bowmanville, Ontario, llC 3A6. d) R. C. Sudds, Superintendent of 8usiness, Northumberland and Newcastle Board of Education, 834 D'Arey Street. P.O. Box 470, Cobourg, Ontario, K9A 4L2. .. ,*, . .. ~- ." ~ '. t.... ~ 1987 DATED : BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE - and - SCHICKEDANZ BROS. LIMITED - and - VELTRI AND SON LIMITED SUBDIVISION AGREEMENT The Corporation of the Town of r~wcastle Planning Department Municipal Offices HM4PTON, Ontario, LOB 1JO Fi 1 e : 18T -86033 .. . .: L.R.: 26.2.85 t it' .... c_".. ",' "' . MciVER AND WESSON 11 KiNG ST. WEST. SUITE 1801 TORONTO, ONTARIO M5H 1A3 f ..