HomeMy WebLinkAbout86-20
1 THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 86- 20
being a By-law to authorize the entering into of an Agreement with
Veltri and Sons Corporation 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
Corporation1s seal, an Agreement between Veltri and Sons Corporation
and the said Corporation dated the
day of
, 1986, in
the form attached hereto as Schedule "XII.
2. THAT Schedul e IIX" attached hereto forms part of thi s
by-law.
BY-LAW read a first time this 10th
day of Februa ry
day of Februa ry
1986
1986
BY-LAW read a second time this 10th
BY-LAW read a third time and finally passed this 10th
Februa ry 1986
day of
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DVE & DU'i"""" CO. LIMITED
Form No. 985 .
Document General
Fonn 4 - Land Registration Refonn Act, 1984
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(1) Reglltry 0
(3) Property
Identifier( s)
..Land TlUes IX] (2) Page 1 of
pages
Block
Property
Additional:
See 0
Schedule
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(4) Nature of Document
~ ~T\~G Cr=
Subdlvison Agreement
(5) Consideration
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New Property Identifiers
Additional:
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Schedule
(6)Descrlptlonpart of Parcel 7-1, Section Con. 1
Newcastle (Darlington) being that part of Lot "8
in Cone. 1, of the original Township of
Darlington, in the County of Durham, formerly
in the Town of Bowmanvi11e, in the County of
Durham and Lots 1,2,3,4,5,6,7,8,9,10,11,12,13,
14,1~,16,17,18,19,25,26 and 27 and those parts
of Lots 20 and 28 and that part of two lanes
D all on Block A, C.G. Hanning's Plan (being
a subdivision of the said Lot 8, in Cone. 1, of
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I: (b) Schedule for:
Additional
o i Description 0 Parties l!J Other
Executions
Additional:
See
Schedule
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(7) This
Document
Conta'ns:
(a) RedeSCription
New Easement
PlanlSketch
(8) ThIs Document provides as follows:
The Corporation of the Town of Newcastle having an interest ln the above
lands of which Veltri and Sons Corporation is the registered owner,
hereby applies to have registered Agreement dated the 30th day of July,
1986, between
THE CORPORATION OF THE TOWN OF NEWCASTLE
-and-
VELTRI AND SONS CORPORATION
-and-
SCHICKEDANZ BROS. LIMITED
Continued on Schedule
(9) This Document relates to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
Y M 0
Per:
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THE CORPORATION
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(11) Address ..
~rS~Munlclpal Offices, Hampton, Ontario
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(12) Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
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(13)~cr.:.ce 1038 Pinetree Court, Oshawa, Ontario
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AlTeI_ STamlSlL DAIS IlOlItDlI.
BARRISTERS & SOLICITOM
115 SIMCOE ST. a. Boxe78
OSHAWA.ON1'ARIO L1H '.mI
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Fees and Tax
(14) Munlclpa' Address of Property
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(15) Document Prepared by: A. G. BOLOTENKO
Total
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10174 (12iSil;
DYE & DU".HAM CO. LIMITED
Form No, 990 .
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Schedule
2 Of~a~s
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Form 5 - Land Registration Reform Act, 1984
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r AddItI0naI Property ldentlftel(s) and/or Other 'nformatlon
description continued.. .
the original Township of Darlington) designated as Parts 1 and 6, Plan 10R-465,
Town of Newcastle, Regional Municipality of Durham.
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THIS AGREEMENT Made in quintuplicate this 3,,1'1/ day of :lvl\.I
19 ~j, .
BET WEE N:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
Hereinafter call ed the "TOWN" OF THE FIRST PART,
- and -
VELTRI AND SONS CORPORATION
Hereinafter called the 1I0WNER" OF THE SECOND PART
,
- and -
SCHICKEDANZ BROS. LIMITED
Hereinafter called the "MORTGAGEE" OF THE THIRD PART
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement, which are described in Schedule
"A" hereto, are hereinafter called the "Landsll and constitute + 19 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 IOOrtgagee of the
Lands;
AND WHEREAS the Owner warrants that it has applied to the Minister of Municipal
Affairs, hereinafter called the Minister for approval of a plan of subdivision
'of the Lands;
AND WHEREAS to comply with the Minister'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
"Region" to satisfy the requirements of 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 Canmission 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 IIW 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.: 23.5.86
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mean the Council of the Corporation of the Town of
1.2 "Director" 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 "Treasurer" shall mean the Treasurer of the Corporation of the Town of
Newcastle;
1.4 "Director of Community Services" shall mean the Director of Community
Services of the Corporation of the Town of Newcastle;
1.5 "Director of Planning" shall mean the Director of Planning of the
Corporation of the Town of Newcastle;
1.6 "Solicitor" shall mean the Solicitor of the Corporation of the Town of
Newcastle; .
1.7 "Owner" 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 "Commissioner" shall mean the CCJI1missioner of Planni ng for the Regional
Municipality of Durham.
1.9 'IMinister" shall mean the Minister of Municipal Affairs and Housing,
Ontario.
L 10 "Townll shall mean Council or any offi ci al, desi gnated by Council to
administer the tenns of the Agreement.
L 11 "Appli cant" shall mean an i ndi vi dual, an associ ation, a partnership or
corporation who applies for the necessary buil ding pennits for the lots
or blocks covered by this Agreement.
L.R.: 23.5.86
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2. GENERAL
2.1 CERTIFICATION OF OWNERSHIP
(1) 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 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 Minister. The said plan is attached hereto as
Schedule 11811 and is hereinafter called the IIPlan". 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,
inmediately 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
1 ater 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 liEn 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 IIFn 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.: 23.5.86
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2.5 REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS
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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
registered. In such deeds and grants of easements the registered number of the
Plan shall be left blank and the Owner hereby authorizes the Town to insert such
Plan number after registration of the Plan.
2.6 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 respecti ng the acqui sition of any 1 ands 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 Pl an and does not exerci se 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 irrevoca>le
option to acquire such lands upon the same terms and conditions as the School
Board coul d have acqui red the property, except that the Town shall exerci se 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 OWNER
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:
Veltri & Sons Corporation
1038 Pinetree Court
OSHAWA, Ontario L1H lP6
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 REGISTRATION 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 RENEGOTIATION AND AMENDMENT 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 thi s
Agreement to be subject to renegotiation, whereupon the Owner agrees not to
undertake any construction or i nstallat ion of any of the Works until thi s
Agreement has been renegotiated. This Agreement may be SUbject to renegotiation
if:
(i) the Minister approves a Plan of Subdivision for the said lands which
is substantially different from the Plan attached hereto as Schedule
liB II ; or
loR.: 23.5.86
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~ ~.. (ii) the Plan of Subdivision is not finally approved by the Minister 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 materi ally 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 tenns
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 "B". 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 liB" and all
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 "BII, "Ell, "F", "G", "Nil, "0", "P", 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
thi s Agreement, and whi ch are att ached hereto, together wi th all provi s io ns
contained therein, are hereby made a part of this Agreement as fully and to all
intents and purposes as though recited in full herein:
ilLegal description of said Lands"
"Plan of Subdivision for final approvalll
Schedule "AII -
Schedule liB II -
Schedule IICII -
Schedule "0" -
Schedule liE II -
Schedule "F" -
Schedule "G" -
L.R. : 23.5.86
"Charges against said Landsll
"Development charges"
"Grants of easements to be dedicated"
"Lands and/or cash to be dedicated"
"Works requi red"
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. -. Schedule uH" UUt111ties required"
Schedule "111 - "Duties of Ownerls Engi neer"
Schedule "J" "Cost Estimates"
Schedule ilK" "Insurance Policies req ui red II
Schedule ilL II - "Regulations for construction"
Schedule 11M II IIUse of said lands"
Schedule IIN" "Lands subject to buil ding restrictions"
Schedule "0" - IILands requiring site plan"
Schedu 1 e lip II "0versized and/or External Services"
Schedule "Q" "Conservation Authori ty I S Works"
Schedule IIR" - IIEngineering- and Inspection Feesll
Schedule liS II "Ministerls/Region's Conditions of Approval II
2.14 MORTGAGE
The Mortgagee 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 Mortgagee 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, adninistrators,
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 recanmend to the
Minister that the plan be approved for registration.
L.R.: 23.5.86
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3. FINANC IAL
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 p~ab1e 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 IMPROVEt-ENT CHARG:S
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 ScheQule "C" hereto. Such charges shall i ncl ude the Town I s share of
any local improvements which serve the said Lands and shall include the canmuted
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 Ti le 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 PAYt-ENT OF DEVELOPt-ENT CHARGES
The Owner shall pay all development levies in the amounts and at the times set
out in Schedule liD" hereto. Notwithstanding the provisions of Schedule 11011 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, p~
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
dedi cation by the Owner to the Town of lands for ptb 1 ic purposes, other than
hi ghw~s, the amount of such cash payment shall be as set out i n ~chedule IIF"
hereto. The Owner further agrees to pay to the Town on any such cash 'pc\yment as
set out in Schedule "FII hereto, at the time of the execution of this Agreement.
3.6 PERFORMANCE GUARANTEE REQUIRED
(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 irrevocci>le 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 Canmence 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 (l) hereof are
hereinafter collectively referred to as a "Performance Guarantee".
3.7 USE OF PERFORMANCE GUARANTEE
The Owner agrees that the Town m~, at any time, authorize the use of all or
part of any Performance Guarantee if the Owner fails to pay any costs p~able by
the Owner to the Town under this Agreement by due date of the invoice for such
costs.
loR.: 23.5.86
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~.8 INDEMNIFICATION OF TOWN AND INSURANCE
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 fbr 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 Certi ficate of Canpletion 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 Mai ntenance 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 Sta e of Road Construction: the greater of two (2) years
rom t e ate 0 lssuance 0 t e ertificate of Canpletion fbr the
initi~ stage of road construction or upon the date of issuance of
Certificate of Completion for the final stage of road construction.
(b)
3.10 USE OF MAINTENANCE GUARANTEE
The Owner agrees that the Town m~, at any time, authorize the use of all or any
part of any Maintenance Guarantee if the Owner fails 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 Completion 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
applyi ng to those Works for which such Pe rformance Guarantee was required; and
(3) the Town is satisfied that in respect of the construction and
installation of the Works for Which such Perfonnance 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 val ue of
the Perfonnance 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 canpleted 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 issued 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 whi ch such Mai ntenance 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. : 23 . 5 .86
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(2) The Town shall release to the OW'ler the unused portion of any Maintenance
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 deemed 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 ",proval
of Subdivision 18T-75526 and any necessary amendments of the Town1s By-law
84-63.
(3) The Owner shall reimburse the Town for all reasonable legal, planning,
engineering and other technical advice, and adninistrative expenses actually
incurred for the preparation and registration of this Agreement, and the legal
services contemplated by the terms of this Agreement, htlich 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
rei mbursement.
(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 Seven Thousand and Five Hundred Dollars
($7,500.00) 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 m~ 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 Credi t for the full amount of Seven Thousand and Fi ve Hundred
Dollars Dollars ($7,500.00). So that the amount of security deposit on hand
with the Town always equals Seven Thousand and Fi ve Hundred Dollars ($7,500.00).
The Letter of Credit shall be released to the Owners at such time as the last
uni tis ready for occupancy in accordance with the terms of thi s 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 sol d a lot or block with the Plan. The OW'ler 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 Owner1s Letter of Credit, in respect of
occupancy.
loR.: 23.5.86
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· ., 4'. PLANNING
4.1 APPROVAL OF TREE PRESERVATION PLAN NOT APPLICABLE
The Owner shall, prior to the issuance of any Authorization to Commence Works as
provided herein, have received the written approval of the Director of Planning
of a pl an of the said Lands, hereinafter call ed the "Tree Preservation Plan" and
s howi ng the reon :
(1) the location and approximate size of all existing trees over 30.5 em. 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 "W 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 "N" hereto are unsuitable for buil ding 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 IIN" 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 Scnedule "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 fUr 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 which a building permit is 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.: 23.5.86
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(3) all of the Works required to be cons tructed and install ed und!r 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 Schedule "H" have been constructed and installed to the ~proval of
the authorities having jurisdiction over such Utilities.
Alternatively, the Town has received written confinnation from such
authorities that sufficient financial securities have been received to
cover the design and installation of same; and
(5) 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 Pl an and shall be provi ded by the Own er to all subsequent OWle rs;
and
(6) the balance of all Development Levies have been paid in respect of
the lot or block in the Plan for \\flich the building permit is ~p1ied
for; and
(7) the Owner has deposited, and maintained in good standing, the Occupancy
Penalty fee as required by paragraph 3.15 of this Agreement; and
(8) if the application for a building permit is in respect of any lot or
block set out in Schedule "Nil the Owner has ful filled 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
(9) 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 110" as required by paragraph 4.4 of this Agreement.
(lU) the Owner has provided the Director of Planning with a mylar copy of
the registered plan of this subdivision.
(11) the Performance Guarantee and/or Maintenance Guarantee required
pursuant to this Agreement has been deposited with the Town and is in
good standing. .
(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 grading of.the lot and proposed
access conforms to the approved lot grading plan, and the Town's Design
Criteria and Standard Detail Drawings.
(13) the Owner has erected or caused to be erected a sign displaying all
roads, lots and blocks within the approved Plan of Subdivision 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 ~proved
Official Plan, Neighbourhood or Hamlet Development Plan, or an approved
draft Plan of Subdivision.
4.6 MODEL HO~ES AND ARCHITECTURAL CONTROL
(1) (a) Notwithstanding the provisions of paragraph 4.5 of this Agreement, the
Owner may apply for buil ding permits for up to a total of Twenty-five
(25) 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 satisfi ed 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.: 07.7.86
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(b) The Owner agrees that prior to issuance of building permits in respect
of model hanes, to obtain the approval of the Director of PLblic Works
in respect of access to the model homes. Where an alternate access is
proposed to provi de access to model hanes, such access shall be of a
standard acceptable to the Director of Public Works and the Fire Chief
of the Town of Newcastle.
(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 of this Agreement have been complied with and if
such model hane 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 excludi ng stocco and
concrete block, or at least 45 percent finished wood siding, excluding
plywood, particle board or other simi lar wood sheeting materi also
(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 the Town, for the lot purchased by the buil der/purchaser
showing housing types, elevations and the distribution of models on
such lots.
4.7 REQUIREMENTS FOR SALE OF LANDS
The Owner agrees not to sell any or all of the said Lands until:
(1) 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 obligations
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 obligations set forth in this Agreement, and more particularly, Section
5.28 in respect of obli gations 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 hereinafter called an "Occupancy Permitll. In addition to any other
requirements contained herein, no Occupancy Permit shall be issued for any
building until:
(1) 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
L.R.: 23.5.86
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(2) 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
(3) all of the Utilities, save telephone and cable T.V. required to be
constructed and installed and connected to the building pursuant to
Schedule IIH", have been so constructed, installed and connected to the
written approval of the authorities having jurisdiction over such
Uti lities; and
(4) 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
(5) 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.
(6) The building has received all final inspections required pursuant to the
building Act and/or the Plumbing Code.
(7) Notwithstanding the provisions of sub-paragraph (5) of this Clause the
Uwner shall be entitl ed to a temporary Occupancy Permi tin the event that
the Owner has not been able to comply with the requi rements of
sub-paragraph (5) by reason of seasonal, weather or other conditions
beyond the control of the Owner. Pri or to the "Temporary Occupancy" of
said dwelling, confirmation with respect to the compliance with the
provisions of Sub-paragraphs 4.8(1), 4.8(2), 4.8(3), 4.8(4) and 4.8(6) is
to be provided, 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 IITemporary 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.
4.9 SPECIAL CUNDITIUNS
(1) That the Owner covenants and agrees to satisfy the requirements of the
Central Lake Ontario Conservation Authori ty as contai ned in Schedu 1 e "Q"
hereto.
~hat the Owner covenants and agrees to submit, prior to final approval,
and to the satisfaction of the Ministry of the Environment, a staterrent of
~~;/~off-site sediment control measures to be implemented during the
'~ construction stages of the development. The Owner hereby further agrees
to implement the proposed sediment control measures in accordance with any
approval s granted by the fvlinistry of Environment.
hat the Owner hereby agrees that pri or to issuance of bui 1 di ng permi ts,
in respect of Lots 29 to 34 inclusive and Lots 43 to 54 inclusive, Phase
11 as shown on Schedule "B-2" attached hereto, and pri or to the issuance
1i/ of bui 1 di ng permits in res pect of Lots 28 to 30 i ncl u si ve, Phase II I as
shown on Schedule "B-311 attached hereto, that the existing barn, located
on the lands immediately adjacent and to the north of the subject plan of
subdivision, will have been demolished. Alternatively, the Owner agrees
to obtain, in a form satisfactory to the Ministry of the Environrrent, an
Affidavit from the Owner of the said barn providing his undertaking not to
use or permit the use of the said barn for agricultural purposes.
loR.: 22.7.86
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(2) 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
(3) all of the Utilities, save telephone and cable T.V. required to be
constructed and installed and connected to the building pursuant to
Schedule "WI, have been so constructed, installed and connected to the
written approval of the authorities having jurisdiction over such
Utilities; and
(4) the building has been connected to and is serviced by a water supply and
sewage disposal system to the written approval of the authori ty havi ng
jurisdiction; and
(5) 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.
(6) The building has received all final inspections required pursuant to the
Building Act and/or the Plumbing Code.
(7) 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 IITemporary Occupancyll of
said dwelling, confinnation with respect to the compliance with the
provisions of Sub-paragraphs 4.8(1), 4.8(2), 4.8(3), 4.8(4) and 4.8(6) is
to be provided, 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 IITemporary Occupancyll 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.
4.9 SPECIAL CONDITIONS
The Owner covenants and agrees to satisfy the requirements of the Central Lake
Ontario Conservation Authority as contained in Schedule "Q" hereto.
L . R . : 23. 5 .86
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PUBL IC WORKS
5.1 TOWN WORKS REQUIRED
The Owner shall be responsible for the construction and installation of the
servi ces and landscaping more part icul arly referred to in Schedu le "G" hereto
(hereinafter called "the Works"). Until the issuance of a Certificate of
Acceptance as herei nafter provi ded, the Works shall remai n 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
Publ ic Uti liti es Commi ssion or other such authori ty or company havi ng
jurisdiction in the area of the said Lands for the design and installation of
the Utilities as more particularly referred to in Schedule "W.
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
"Owner's Engi neer", to admini ster thi s Agreement, whose duti es are set out in
Schedule "III hereto.
5.4 DESIGN OF WORKS
The Owner agrees that the design of all the Works shall comply with the Design
Cri teri a and Standard Detail Drawi ngs of the Town. In the event of any di spute
as to such standards or in the event of any dispute as to such design
requi rements, the deci sion of the Director shall be fi n al .
5.5 APPROVAL OF ENGINEERING DRAWINGS
The Owner shall, prior to the issuance of any Authorization to Commence Works as
provi ded herein, have received the written approval of the Director for all
drawings of all of the Works hereinafter called the "Engineering Drawings". 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 re-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 Plan", 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 ttrough, into
or over the said lands to the municipal storm sewer system or any other outlet
approved by the Director. Thi s Gradi ng and Ora inage Plan shall be ap proved and
signed by the Director prior to the construction of any services or roads on the
said Lands. If no construction of the \'.Orks is commenced within two (2) years
of the date of approval of the Grading and Drainage Plan, the Grading and
Drainage Plan shall be resubmitted to the Director for reapproval and revi si on,
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 Owner wishes to construct and install the Works and Utilities in stages,
the Owner shall, prior to the issuance of any Authorization to Canmence Work as
hereinafter provided, prepare for the approval of the Director of Public Works,
a plan hereinafter called the "Staging Plan" Wlich divides the Plan into stages
for the construction, installation and maintenance of the Works and Utilities.
loR.: 23.5.86
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The Owner shall not proceed until such Staging Plan has been approved by
Director of Publ ic 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, pri or to the issuance of any Authori zation 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 Canmence 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 apJl"oved
schedule, except as it may be subsequently amended with the approval of the
Director.
5.9 APPROVAL OF COST ESTIMATE
The Owner agrees that, prior to the issuance of anY Authorization to Commence
Work as hereinafter provi ded, 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 IIJ" hereto. If the
Town 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, herei nafter called a "Stage Cost Estimatell shall be approved by the
Di rector and entered in Schedu 1 e IIJ" 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
IIAuthorization to Commence Works". The Owner shall only canmence those Works
permitted by the Authorization to Canmence 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 Plan has received final approval fran the Minister; 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 easements 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
COI1I11ission, or authority or canpany 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 the written approval of the Director of the
landscaping required as part of the Works and more particularly referred to in
Schedule "6"; and
L .R.: 23.5.86
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('11) the Owner has received the written ~proval of the Director of the Grading
and Drainage Plan as required by paragraph 5.6 of this Agreement; and
(12) the Owner has received the written approval of the Director of Planni ng
for the Tree Preservation Plan as required by paragraph 4.1 of this Agreement;
(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 recei ved the wri tten approval of the Director for the
Schedule of Works as required by paragraph 5.8 of this Agreement; and
(15) the Owner has received the written approval of the Director for the Works
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
(17) the Owner has deposited with the Town any policies of insurance as
requi red by paragraph 3.8 of thi s Agreement; and
(18) the Owner has paid all Town costs as required by paragraph 3.13 of thi s
Agreement as of the date of the issuance of the Authorization to Commence Works;
and
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(19) the Owner has paid all costs due to the Town for oversizing and/or
external services as required by paragraph 5.27 of this Agreement; and
(20) notwithstanding the above the Owner may COOlmence installation of the work
as referred to in Schedule "G" hereto with the written aproval of the Direc'tDr,
prior to the registration of the Plan provided that Sections
3,4,7,8,9,10,11,13,14,15,16,17,18 and 19 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 ri sk of the Owner. The Owner shall save harmless the
Municipality from any action or cause of action resulting frOOl the construction
or installation of any of the work as may be undertaken pursuant to th'is C1Cllse.
5.11 REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT STAGES
If the Town has approved a Staging Plan for the said Lands, the Owner shall
require an Authorization to COOlmence 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:
(l) the Stage Cost Estimate for such stage has been approved by the Director
and entered in Schedule "J II hereto; and
(2) the Owner has deposited with the Town the Performance Guarantee applying
to that stage of the Plan for WI i ch the Owner is seeking such Authori zat ion to
Commence Works.
5.12 INSPECTION AND STOP WORK
The contract wi th any contractor employed by the Owner to construct or install
any of the Works shall provi de that employees or agents of the Municipali ty 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 wou1 d
not be satisfactory to the Town or in the event the financial guarantees,
required pursuant to this Agreement, are not maintained in good standing.
L.R.: 23.5.86
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5.13 PROVISIONS FOR CONSTRUCTION AND INSTALLATION
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
ilL" hereto.
5.14 SEQUENCE OF CONSTRUCTION AND INSTALLATION
The Owner shall, upon the issuance of an Authorization to Commence Works,
proceed to construct and install all of the Works continuously and as required
by the approved Schedule of Works.
5.15 COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION
The Owner shall, within two (2) years of the date of the issuance of an
Authorization to Commence Works, complete the construction and installation of
all of the Works authorized in such Authorization to Commence Works with the
exception of the curbs, sidewalks, final coat of asphalt, final lot grading,
driveway approaches, sodding and tree planting.
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 may request from time to time.
5.17 INCOMPLETE OR FAULTY WORK
(1) If, in the opinion of the Director, 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 for such completion, or if the said
Work is being improperly done, or if the Owner 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 promptly 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 emergency, 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 complete 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 . : 23 . 5 . 86
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such default and if the Owner fails to satisfy claims of the lien claimant
within ten (lO) 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 Director 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 DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS
(l) The Owner agrees to pay the cost of repairing any damages 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 said
Lands or any of the work 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
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, prior to the commencement of any works upon the lands to
cause to be carried out, at his expense, a ground water monitoring program
around the perimeter of the site. The number, location, and frequency of
observation of the piezometric observation wells shall be recommended by a
hydrogeologist and approved by the Director of Public Works. The Owner further
agrees to undertake separate reports, to the satisfaction of the pirector of
Public Works, for each and every occurrence of apparent well interference caused
by construction activity within the said lands and reported to the Town.
(3) The Owner agrees to, if the well or private water supply of any person
outside the Plan 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
(b) 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 the 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 qual i ty and quantity at least equal to the
quality and quantity of water enjoyed by the affected party prior to
the interference.
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 nor an assumption by the Town of any liability in connection therewith, nor
a release of the Owner from any of his obligations under this Agreement.
L.R.: 23.5.86
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5.21 MAINTENANCE OF ROADS AFTER COMPLETION
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(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
Di rector; and
(b)
during the course of installation of the Works and Utilities provide and
maintain safe and adequate access to all occupied buildings.
(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 snowp1owing 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
unt i 1 a Cert ifi cate 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 IlCertificate of
Completionll. 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 approved 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 foll ows:
(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 (l) 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 IICertificate of Acceptancell. In addition to
any other requirements contained herein, no Certificate of Acceptance shall be
L.R.: 23.5.86
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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.
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 fonn suitable for regi stration 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 until:
(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 all
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 1I0versized Services') or services outside the limits of the
Plan of Subdivision (hereinafter called IIExternal Servicesll) which are more
particularly set out in Schedule IIplI 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 IIPII) 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.
L.R.: 23.5.86
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(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.
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
f 0 11 owi ng :
(1) 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 IIRequirements for
Building Permitsll 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 requi red 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
authorized in that behalf.
SIGNED, SEALED AND DELIVERED)
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L.R.: 23.5.86
NEWCASTLE
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, . ,.THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and
approved by By-law No. 86-20 of the Corporation of the Town of Newcastle,
enacted and passed the 10th day of February, 1986.
LEGAL DESCRIPTION OF SAID LANDS
(by Reference Plan)
~rt of' ~ce-l ,-2....) ~ec--t1on Con. I ne.ul~-r\e... (Oor"~--to~ ).
betn 'th:st- PJ.rt o~ Lot- <? In Conc.-., \) D P -\he.... cn~ (no..)
-r: 8 L ......i .(J:::U-\lrYlfoh J l rI ~ Cc>vnt'i o~ Ou-han,
.O""nsp'P ....1 . -, .. ~ " J .p.
~er\'-f I\n ~c:::..- loW n or &.>N mo.rw \ He.. 1 In ~e... . ~t", 0
Ovr t)o.Vh Ol hd lo t-c::;.1 I Z I ~ I LJ I ~ I to I I 1.:t; ) q I I 0 l f I. I '2..., I '5 J
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o~ Lo+s 20 and 2-cg and +h~~ nt-:'lrl o-f'- ~ lo.r).c = ()
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\QWYl or- OeW CQ~,\-\e 1 ~~ lonQ\ mvnlClpcdrl"'1 of OUy\-nVY\
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)
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loR.: 23.5.86
NEWCASTLE
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, ., THIS SCHEDULE IS SCHEDULE IIBII to the Agreement which has been authori zed and
. approved by By-law No. 86-20 of the Corporation of the Town of Newcastle,
enacted and passed the 10th day of February, 1986.
PLAN OF SUBDIVISION
(copy of final plan prior to registration)
Phase/Stage 1
Phase /Stage 2
Phase/Stage 3
Schedule B-1 attached
Schedule B-2 attached
Schedule B-3 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 ~
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PLAN OF SU801\/'SION OF
PART OF LOT 8, CONCESSION I .
PART OF-LOTS 1- 7 INCLUSIVE ~
AND PART Of" LANE, ALL ON
BLOCK A.C.G.HANNING'S PLAN
lORIGINALLY IN Tt4E TOWN Of BUwMANV ILLE ,
COUNTY OF DURHAM I
TOWN OF NEWCASTLE
REGIONAL MuNICIPALITY OF DURHAM
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LOTS 8, 13 - 16 INCLUSIVE AND
PART OF lOTS 3. 4, 5. 6,7. II
AND 12 AND PART OF TWO LANES
All ON BLOCK A.
C.G. HANNING'S PLAN
ORIGINAlL Y IN THE TOWN Of 8OWMANVIU.E
COUNTY OF OuRHAM
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY Of DURHAM
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PART OF LOTS 1,2.3,11,12.20,
AND 28 AND PART OF LANE,
ALL ON BLOCK A.
C. G. HANNING'S PLAN
IORIGINALLY IN THE TOWN OF BOWMA>jVILLE,
COUNTY OF DURHAM I
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
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nus SCHEDULE IS SCHEDULE "CII to the Agreement whi ch has been authori zed and
approved by By-law No. 86-20 of the Corporation of the Town of Newcastle,
enacted and passed the 10th day of February~ 1986.
CHARGES AGAINST SAID LANDS
(l) MUNICIPAL TAXES
(to be established)
(2) LOCAL IMPROVEMENT CHARGES
(to be established)
(3) DRAINAGE CHARGES
(to be established)
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 }
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L. R.: 23.5.86
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THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been authori zed and
approved by By-law No. 86-20 of the Corporation of the Town of Newcastle, enacted
and passed the 10th day of February, 1986.
IEVEUPtENT CHAR~S
The Owner shall pay to the Town development charges in the amount of $137,500.00
(calculated at the rate of $625.00 for each dwelling unit) which shall be paid as
follows:
25~ of the levies due for the particular Phase prior to the date of issuance
of the building permit for the first (1st) dwelling unit in that particular
Phase.
25~ of the levies due for the particular Phase prior to the date of issuance
of the building permit for the dwelling unit representing 25~ of the overall
units in that particular Phase.
25~ of the levies due for the particular Phase prior to the date of issuance
of the building permit for the dwelling lIlit representinag 50% of the
overall units in that particular Phase.
25~ of the levies due for the particular Phase prior to the date of issuance
of the building permit for the unit representing 75~ of the overall units in
that particular Phase.
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 or 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 it Schedule of Development Charges annually and may adjust
the amount of the development charges herein in accordance therewith.
~~l -;:-._-._ __ ~-- _ ~.~.-.~--~-.:~
. ,
.. ~ .....
, .. ~
Page 2 of SCHEDULE IIDII
9~
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. Furthermore, the
Town hereby acknowledges and agrees that, prior to_the enforcement of the adjusted
development charges, a sixty (60) day period will be observed whereby any
remaining development charges may 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 ~ NEWCASTLE
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L. R.: 23. 5.86
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33
. '"\ THIS SCHEDULE IS SCHEDULE IIEII to the Agreement which has been authori zed and
approved by By-law No. 86-20 of the Corporation of the Town of Newcastle,
enacted and passed the 10th day of February, 1986.
GRANTS OF EASEMENTS TO BE DEDICATED
The Owner shall deliver to the Town in a form satisfactory to the Town the
following easements:
(by reference plan)
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)
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L. R.: 23. 5 . 86
NEWCASTLE
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" . Tins 'SCHEDULE IS SCHEDULE IfF" to the Agreement which has been authori zed and
approved by By-law No. 86-20 of the Corporation of the Town of Newcastle,
enacted and passed the 10th day of February, 1986.
LANDS AND/OR CASH TO BE DEDICATED
(1) DEDICATION OF LANDS
The Owner shall deliver to the Town in a form satisfactory to the Town,
deeds to the following land:
PHASE I
Block 89 - Open Space
Block 90 - Park
Block 91 - Road Widening
Block 92 - 0.3 Metre Reserve
Block 93 - 0.3 Metre Reserve
Block 94 - 0.3 Metre Reserve
Block 95 - 0.3 Metre Reserve
Block 96 - 0.3 Metre Reserve
PHASE II
Block 57 - Road Widening
Block 58 - 0.3 Metre Reserve
Block 59 - 0.3 Metre Reserve
PHASE III
Block 60 - Open Space
Block 64 - Road Widening
Block 65 - 0.3 Metre Reserve
(2) CASH IN LIEU OF LANDS
- Dedication of Blocks 89 and 90 ..... Parkland
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 Aereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
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L.R.: 23.5.86
NEWCASTLE
MAY R
VEL TRI
TITLE:
TITLE:
___.J' ._ ~.._.:-..-.,.-~_.\;
30
.. , . . THIS. SCHEDULE IS SCHEDULE "GII to the Agreement whi ch has been authorized and
, _,' approved by By-law No. 86-20 of the Corporation of the Town of Newcastle,
enacted and passed the 10th day of February, 1986.
L.K.:
WffiKS 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 stonn water and
storm water originating within the said lands, including storm sewer mains,
manholes, service connections, catchbasins and leads, open channels, stonn
outfalls and any other appurtenances as may be required in accordance with the
Town of Newcastle's Desi gn Criteri a and Standard Drawi rY:Js.
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
lands.
2. ROADWAYS
The Owner shall construct and install the following services on the various
streets, shown on the Plan as follows:-
( a)
pavement widths to be applied to the following streets:- as shown on
Engineering Drawings
The grading and paving of all streets, including the installation of
Granular "A" and Granular "B" materi al to provi de a proper base for pavi ng,
shall be as per the Town of Newcastle Design Criteria & Standard Drawings.
The Owner shall construct curbs and gutters on both si des of all streets,
as per the Town of Newcastle's Design Criteria and Standard Drawings.
The Owner shall construct, install and maintain complete si <ewal ks in
accordance with the Town of Newcastle's Design Criteria and Standard
Drawings, on the following locations:- as shown on Engineering Drawings
The Owner agrees to the grading and paving of all driveways between the
curbs and sicewalks, in accordance with the Town of Newcastle's Design
Criteria and Standard Drawings. The grading and paving of all driveways
between the curbs and sicewalks, where sidewalks are installed, and in all
other cases, the grading and gravelling of the driveway between the curbs
and the 1 ot 1 in es .
(b)
(c)
(d)
(e)
(f)
The Owner agrees to construct, install 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.
(g)
The Owner agrees to the topsoiling and sodding of the boulevards bet\Een
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 Pub li c Works.
(h)
The Owner agrees to supply, install and maintain traffic signs and
pennanent street-name signs, in accordance with the Town's Desi gn Criteri a
and Standard Drawings and to the satisfaction of the Director of Public
Works.
07.7.86
(l_-_. --_.... ._ ~-_- ..: ~--.-->-,*- .:~
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" , . . Schedule JIG"
-:/-
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(1) 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. ..
3. PEDESTRIAN WALKWAYS
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:
(1)
( i i )
(ii1)
(i v)
paved or concrete from edge to edge;
properly drained;
fenced and screened;'
extended to the curb of any intersecting
curb cuts at these locations.
streets and provide appropriate
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 I s Desi gn Cri teri a and Standards Drawi ngs, approved by the Director of
Public Works. Such temporary turning circle shall be shown on the final plans
as a block and shall be hel d by the Town until the extension of McFei ters
Crescent, at which time the block shall be conveyed without charge to the owners
of the abutting lots.
5. CONSERVATION WORKS
In addi tion to the work requi red by the Schedule IIQ", the Owner shall construct,
install and maintain certain conservation works within this Plan, such as
retaining walls, drainage channels and watercourse channelization 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
Conmunity Services. The Owner agrees furthernore to develop, at its expense,
within the parklands, in a location to the satisfaction of the Director of
Conmunity Services a Soccer Field. Said Soccer Field is to be sodded and the
remainder seeded.
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) reverse frontage of lots; -
Phase I - Lots 1 - 11 (Inclusive) - 1.8m Wood Screen Fence
Phase II - Lots 1 - 10 (Inclusive) - 1.8m Wood Screen Fence
Phase I - Lot 18 - (Easterly lot line) - 1.8m Chain Link Fence
- Lot 19 - (Westerly lot line) - LBm Chain Link Fence
(ii) Park or Open Space Blocks abutting:
Lots 11 - 33 (Inclusive) Phase I - 1.8m Chain Link Fence
Lots 1 - 17 (Inclusive) Phase III - 1.8m Chain Link Fence
L. R. : 07.7.86
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8. EXTERNAL WtRKS
37
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The Owner agrees to pay one-quarter of the cost of reconstruction of Mearns
Avenue and one-hal f of the cost of reconstruction of Concession Street abutti ng
the lands. The reconstruction program will include:
(a) (i)
( i i )
(iii)
(;v )
(v)
(vi)
( vi i )
Storm sewer system and all appurtenances
Installation of Granular "A" and "B" and paving to a pavement
width of 14 metres
Curb and Gutters and Sidewalks
Sodding of boulevards
Paving of drivew~ 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.
(c) The Owner agrees to supply and erect screen planting to the satisfaction
of the Director of Public Works, in the following locations. (The trees
are to be spaced at 3 metre intervals):-
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 CORPORATIO
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... ' , THl'S -SCHEDULE IS SCHEDULE IIH II to the Agreement which has been author; zed and
, -" approved by By-law No. 86-20 of the Corporation of the Town of Newcastle,
enacted and passed the 10th day of February, 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 incl uding 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 with an appropriate gas company for the design,
provision and installation of a complete gas supply system to serve the said
Lands, including gas mains, and all appurtenant manholes, laterals, service
connections, apparatus and equipment in the locations as approved by the
Director. .
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 desig'l,
provision and installation of a complete cable television distribution system to
serve the said Lands. All cable television services are to be installed
underground.
6. MAIL DISTRIBUTION SYSTEM
The Owner shall arrange with Canada Post for the provlslon and installation of a
mail distribution system to service the said lands, in the location as ~proved
by the Di rector.
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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 NEWCASTLE
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THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been authorized and
approved by By-law No. 86-20 of the Corporation of the Town of Newcastles
enacted and passed the 10th day of Februarys 1986.
DUTIES OF OWNER'S ENGINEERS
.. ".f"
1. DESIGN WORKS AND PRIVATE WORKS
The Owner's Engineers shall prepare the following for the approval of the
Director:
(a)
(b)
(c)
(d)
~~~
(g)
the Engineeering Drawings;
the Grading and Drainage Plan;
the Landscaping Plan;
the Schedule of Work;
the Staging Plan;
the Works Cost Estimate; and
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 shall
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)
(b)
(c)
(d)
(e)
(f)
provide field layout including the provision of line and grade to the
contractors and, where required, restaking; and
-
inspect the construction and installation to ensure that all wo~k is being
performed in accordance with the contract doucments; and
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
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
investigate and report to the Director any unusual circumstances which may
arise during the construction and installation; and
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.
loR.: 23.5.86
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6. PREPARE AS CONSTRUCTED DRAWINGS
41
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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)
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L.R.: 23.5.86
NEWCASTLE
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... ,lHI.~.SCHEDULE IS SCHEDULE "J" to the Agreement which has been authorized and
'.* approved by By-law No. 86-20 of the Corporation of the Town of Newcastle,
enacted and passed this 10th day of February, 1986.
COST ESTIMATES
ESTIMATED COST OF WORKS (Phase 1)
STORM SEWERS (including pipes, manholes, catchbaslns and.
connections, headwalls and appurtenances)
$378,605.00
(including final grading, Granular bases,
asphalting, curbs and gutters, sodding and
boulevards)
ROADS
ROUGH GRADING
SIDEWALKS
FENCING
STREET L IGHTl NG
DETENTION POND
ENGINEERING & CONTINGENCIES
$295,508.00
$ 97,340.00
$ 33,090.00
$ 30,000.00
$ 20,000.00
$ 18,000.00
$130,881.45
$1,003,424.40
TOTAL ESTIMATED COST OF SERVICES Phase 1
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.
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 offic~rs duly
authori z ed in that behalf. .
SIGNED, SEALED AND DELIVERED)
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L.R.: 23.5.86
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, ." THIS SCHEDULE IS SCHEDULE "KII to the Agreement whi ch has been authori zed and
approved by By-law No. 86-20 of the Corporation of the Town of Newcastle, enacted
and passed this 10th day of February, 1986.
INSURANCE POLICIES REQUIRED
1. TYPES OF COVERAGE REQUIRED
The Owner shall obtain and maintain insurance of the character commonly referred
to as public liability and property damage with an insurance company approved by
the Municipal Teasurer and duly authorized by law to underwrite such insurance.
Such policy or policies of insurance shall indemnify the Town against all
damages 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 Works or any of the Utilities 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. AMOUNTS OF COVERAGE REQUIRED
Policy or policies of insurance shall be issued jointly in the names of the
Owner and the Town and shall provide the following minimum coverages:
(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 ,nJury 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. EXEMPTION 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.: 23.5.86
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Page 2 of Schedule ilK II
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(c) any collapse or subsidence of any building, structure or land from any
cause; 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 ~
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L. R.: 23.5.86
NEWCASTLE
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THIS SCHEDULE IS SCHEDULE ilL" to the Agreement which has been authorized and
approved by By-law No. 86-20 of the Corporation of the Town of Newcastle,
enacted and passed this lOth day of February, 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 Owner 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 dumping area off the said Lands provided by
the Owner 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.
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 in 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
Owner agrees to restore immediately, 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 untravelled
portion of any public road allowance without the prior written approval of the
authority having 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.: 23.5.86
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Page 2 of Schedule "lll
8. WEED AND RAT CONTROL
10
After the commencement of construction the Owner shall institute upon the lands
a program of weed and rat control to the satisfaction of the Director.
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
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< THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been authori zed and
approved by By-law No. 86-20 of the Corporation of the Town of Newcastle,
enacted and passed this 10th day of February, 1986.
USE OF SAID LANDS
The Owner 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 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 dply
authorized in that behalf.
SIGNED, SEAL EO AND DELIVERED ~
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L.R.: 23.5.86
NEWCASTLE
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THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been authorized and
approved by By-law No. 86-20 of the Corporation of the Town of Newcastle,
enacted and passed this 10th day of February, 1986.
LANDS UNSUITABLE FOR BUILDING
The Owner agrees that no appl ication will be made for a Buil di ng Penni t 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
Block 89 (Phase I)
Block 60 (Phase III)
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 )
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L.R.: 23.5.86
TITLE:
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.THl'S SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and
approved by By-law No. 86-20 of the Corporation of the Town of Newcastle,
enacted and passed thi s 10th day of February, 1986.
LANDS REQU IRI NG SITE PLAN AP PROV AL
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 building
permit complies in all respects with the terms of the site plan agreement.
LOT OR BLOCK NUMBER
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 seal s by the hands of thei r proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) THE CORPORAT I
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L.R.: 23.5.86
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. -;THIS SCHEDULE IS SCHEDULE "plI to the Agreement which has been authorized and
approved by By-law No. 86-20 of the Corporation of the Town of Newcastle!
enacted and passed this 10th day of February! 1986.
1. EXTERNAL ROAD SYSTEMS7I' '
~ ~OB' CO.
Phase I - d. D v I
Phase II - To be determined through preparation of cost estimates.
Phase III - To be determined through preparation of cost estimates.
The above figures are preliminary costs based on data received from the Owner's
Engi neer. These estimated costs will be required to be updated and revi sed when
the final Engineering Drawings have been approved by the Director of Public
Works. Therefore any financial commitments by the Owner, in p~nent to the Town
for his share of the External Roads, shall be updated when the final Engineering
Drawings have been approved and the Cost Estimates revised and al so apll"oved by
the Director of Public Works.
Ther~ shall be no reimbursement by the Town to the Owner for improvenents to the
external roads.
2. STORM DRAINAGE:
In accordance wi th Paragraph 5.27 of the Agreement and Schedule IIGII (1) of the
Subdivi sion Agreement, hereto attached, the Town agrees to make every ef fo rt to
reimburse the Uwner for all excess capacity required for External Drainage areas
through the said lands at such time as additional development takes place which
shall utilize such excess capacity. All calculations will be completed by the
Uwner's Engineer and approved by the Director of Public Works, and the costs of
such oversized service shall be determined upon final approval of the
Engineering Drawings by the Director.
The Estimated Cost of this oversizing is . . . $8,500.00
IN WITNESS WHEREOF the parti es hereto have hereunto set their hands and se al s
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 )
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L.R.: 23.5.86
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:THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been authorized and
.ap~roved by By-law No. 86-20 of the Corporation of the Town of Newcastle,
enacted and passed this 10th day of February, 1986.
CONSERVATION AUTHORITY'S WORKS
.
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The Owner covenants and agrees to prepare and submit to the Central Lake Ontario
Conservation Authority and the Municipality for approval a storm water
management plan for the SUbject property. Furthermore the Owner agrees:
(a) That prior to initiating any grading, filling or construction, the owner
shall have erected along the limits of Block IAI, as shown on the draft
plan, a snow fence which must remain upright and in good condition
throughout all phases of development and landscaping.
(b) Not to carry out grading, filling, construction or stream alterations
without the written permission of the Central Lake Ontario Conservation
Authority (C.L.O.C.A.).
(c) To erect and maintain the snow fence mentioned in condition (a) above.
(d) To carry out or cause to be carried out as approved by the C.L.O.C.A. and
the municipality;
i) the cut and fill procedure for the site;
ii) erosion control works on the Soper Creek, if considered necessary
by C.L.O.C.A. and the municipality;
iii) the stormwater management plan for the subject property.
(e) That prior to final approval of the plan, the owner shall submit to the
Central Lake Ontario Conservation Authori ty for approval, plans and
calculations of the proposed cut and fill procedure which will permit lot
coverage above the regional storm floodline for lots 16,17,22,58 and 153
to 157 inclusive.
(f) That prior to final approval of the plan, the Central Lake Ontario
Conservation Authority shall be furnished with an Ontario Land Surveyor IS
report which verifies minimum lot elevations for lots 16, 17, 22, 58 and
153 to 157 inclusive.
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 )
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L.R.: 23.5.86
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THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authori zed and
approved by By-law No. 86-20 of the Corporation of the Town of Newcastle,
enacted and passed this 10th day of February, 1986.
ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT
Estimated Costs of Works
Fees
Up to $100,000.00
$100,000.00 to $500,000.00
$500,000.00 to $1,000,000.00
$1,000,000.00 to $2,000,000.00
$2,000,000.00 to $3,000,000.00
4% to a MAXIMUM OF $4,000.00
$4,000.00 or 3.5% of the estimated
cost of services - whichever is
greate r
$17,500.00 or 3% of the estimated
cost of services - whichever is
greater
$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 estimated
cost of services - whichever is
greater
For the purposes of this Schedule cost estimates as speci fi ed in Schedule "J"
for Hydro Distribution System shall not be included for the purposes of
calculating engineering and inspection fees as contemplated by this Schedule.
$3,000,000.00 to $4,000,000.00
The cost of Engineering Inspection for Phase I is
The cost of Engineering Inspection for Phase II is
The cost of Engineering Inspection for Phase III is
$26,176.29
$ to be determi n ed
$ to be detennl ned
The aforesai d amounts to be pai d prior to issuance of the authori zat ion to
commence 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 the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) THE CORPORATI
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L.R.: 23.5.86
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, 'rHIs SCHEDULE IS SCHEDULE "S" to the Agreement which has been authorized and
approved by By-law No. 86-20 of the Corporation of the Town of Newcastle,
enacted and passed this 10th day of February, 1986.
MINISTER'S OlNDITIONS 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
affi xed their corporate seal s by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
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L.R.: 23.5.86
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Ontario
Ministry of
Municipal Affairs
and Housing
Plans Administration
Division
S6 Wellesley St. W.
8th Floor
Toronto, Ontario
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uC I :> 1981
ToWt~ Of t~~:I(ASTlE
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September 23, 1981
Mr. H. Macklin
Schickedanz Development Limited
3311 Bayview Avenue
Suite 10S
Willowdale, Ontario
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Subject: Town of Newcastle
Lot 8, Cone. 1
Lots 1 - 20, 2S - 28, Block 'A'
C.G. Hannings Plan
Our File No. l8T-75526
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Dear Mr. Macklin:
The minister's conditions of draft approval dated
June 11, 1981 are hereby amended pursuant to
section 36(12) of The Planning Act, R.S.D. 1980,
as follows:
1. Condition 21 is amended by deleting the words
"The owner agree in the subdivision agreement".
2. Condition 22 is amended by deleting it in its
entirety and replacing it with the following
new condition':
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DISTRIBUTION sh
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CLERK:..:.."'..........ap ):
ACK. BY: . . .. . . . .. .. . .1:p
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ORIGINAL TO: ....... .aq
C:::>PIES T~ note tha
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or to final approval the applicant
11 submit a stormwater management
n to the conservation authority for
royal, which addresses changes in
rate and quality of post development
rm runoff to the satisfaction of that
ncy".
in addition to approving the Stormwater
Ian the conservation authority should
py of the signed subdivision agreement
expedite final approval.
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1981 06 11
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Mr. J.M. McIlroy
Clerk
Town of Newcastle
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
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Subject:
Town of Newcastle
Lot 8, Con. I, Lots 1-20,
25-28 Block 'A' C.G. Hannings Plan
O.L.S.: Marshall Macklin Monaghan, Doh ~ills
File No: l8T-75526
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Dear Mr. McIlroy:
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The above draft plan was approved today and we
attach a copy of the conditions of approval.
Please tell us when the owner has carried out
those conditions which must be arranged directly
with the municipality or other authority which
you represent. This is necessary before the
final plan can be approved for registration.
It should be noted that we require a brief but
complete statement indicating how each of the
conditions with which you are concerned has been
satisfied.
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Yours truly,
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Hilkka Salonen
Planner
Community Plc ninq Review Branch
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Housing Division
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June 11, 1981
Mr. H. Macklin
Schickedanz Developments
3311 Bayview Avenue
Suite 105
Willowdale, Ontario
Ltd./
Subject:
Town of Newcastle
Lot 8, Con. I
Lots 1-20, 25-28 Block 'A'
C.G. Hannings Plan
O.L.S.: Marshall Mackli~ Monaghan, non Mills
File No: 18T-75526
Dear Mr. Macklin:
The above draft plan has been approved subject to
the amendments and conditions noted. A copy, signed
by the minister, is enclosed.
When the survey has been completed and the final plan
prepared; the following should be forwarded to this
ministry:
(a) the original
(b) three mylar copies
(c) one opaque
(d) three white paper prints
Under section 33(l2a) of The Planning Act, if this
plan is not given final approval by the minister
within three years of the date of thl.s letter, the
draft approval shall lapse. However, the minister
may, on request, extend the period of the draft
approval.
Your-s truly,
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I Hilkka Salonen
Planner
Community Planning Review Branch
c.c. O.L.S.
&,C'lerk
Region
M.O.E.
M.N.R.
C.L.O.C.A.
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File No. l8T-75526 (Revised)
The Minister's conditions and amendments to final plan
approval for registration of this subdivis~on
file no: 18T-75526 are as follows:
No.
Conditions
1.
That this approval applies to the draft plan, drawing
number 19.78148.POl, by Marshall Macklin Monaghan
Limited, Ontario Land Surveyors, dated August 2, 1979,
as revised in red to show 195 lots for 181 single and
28 semi-detached units, and 8 blocks, 'A' for open
space, 'B', 'C', '0' and 'E' for future development,
'F', 'G' and 'H' for walkways and 'J' for park.
2.
That sufficient land shall be dedicated as public
highways to widen Concession Road by 6 metres (20
fee t) .
3. That sufficient land shall be dedicat~d as public
highways to widen Mearns Avenue by 3 metres (10 feet).
4.
That the road allowances included in this draft
plan shall be dedicated as public highways.
5. That the streets shall be named to the satisfaction
of the municipality.
6. That a 0.3 metre reserve adjacent to the widened
limit of Mearns Avenue, as indicated on the draft plan,
shall be conveyed to the Town of Newcastle..
7. That temporary turning circles at the northern end of
Street 'c' and the western end of Street 'F' be
shown on the final plans as blocks. These shall be
conveyed to and held by the municipality until the
extension of the road allowance, when the blocks
shall be conveyed without charge to the owners of
abutting lots.
8. That any dead ends and open sides of road allowances
created by this draft plan shall be terminated in
0.3 metre reserves to be conveyed to, and held in
trust by the municipality.
(Continued)
51
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File No. l8T-75526 (Revised)
No. Conditions Continued
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9. That Blocks 'F', 'G' and 'H' as outlined on the draft
plan shall be dedicated as public walkways.
10. That Block 'A' shall be conveyed to the Town of
Newcastle for conservation and open space purposes.
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11. That the owner conveys up to 5% of the land included
in the plan to the municipality for park purposes
under section 33(5) (a) of The Planning Act. This shall
include Block 'J'.
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12. That before the Minister's final approval, the area
to be subdivided be zoned to reflect the uses as
shown in the draft plan in an appropriate restricted
area by-law passed by council and either:
(a) submitted to and approved by the
Ontario Municipal Board,
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(b) in effect in accordance with section 35(25)
of The Planning Act.
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The by-law shall contain a provision which prohibits
buildings and structures, other than those required
for flood or erosion control in Block 'A'.
13. That the subdivision agreement between the owner
and the municipality contain a provision that
Blocks 'B', 'e', 'D' and 'E' shall not be developed
except in conjunction with adjacent lands as specIfied
in the agreement.
14. That the owner agrees in writing to satisfy all
the requirements, financial and otherwise, of the
Town of Newcastle concerning the provision
of roads, installation of services and drainage.
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15. That such easements as may be required for utility
or drainage purposes shall be granted to the appropriate
authority.
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File No. l8T-75526 (Revised)
No. Conditions Continued
16. That the development of the plan be phased to the
satisfaction of the Town of Newcastle and the Regional
Municipality of Durham.
17. That the owner agrees in writing to satisfy all
the requirements, financial and otherwise, of the
Regional Municipality of Durham concerning the provision
of roads, installation of services and drainage.
18.
That lots 18 to 21 shall be incorporated into open
space, Block 'A' as shown on the draft approved plan.
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That prior to final approval~ the owner shall submit
to the Central Lake Ontario Conservation Authority
for approval, plans and calculations of the proposed
cut and fill procedure which will permit lot coverage
above the regional storm floodline for lots 16, 17,
22, 58 and 153 to 157 inclusive._\i...,....
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That prior to final approval~ the Central Lake Ontario
Conservation Authority shall be furnished with an
Ontario Land Surveyor's report which verifies minimum
lot elevations for lots 16, 17, 22, 58 and 153 to 157
inclusive.
~e o','ner .agree in the 5ubdi,;i3ion ulJrccmcnt ~at
prior to initiating any grading, filling or construc-
tion, the owner shall have erected along the limits
of Block 'A', as shown on the draft plan, a snow
fence which must re~ain upright and in good condition
throughout all phases of development and landscaping.
19.
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22. That prior to final approval and prior to the
preparation of lot grading or servicing plans, the
owner shall prepare and submit to the Conservation
Authority and the municipality for approval, a storm-
water management plan for the subject property.
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That the owner agrees in the subdivision agreement:
a)
not to carry out grading, filling, construction
or stream alterations without the written
permission of the Central Lake Ontario
Conservation Authority (C.L.O.C.A.)
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File No. l8T-7SS26 (Revised),
No.
Conditions Continued
b)
to erect and maintain the snow fence mentioned
in condition 21;
c) to carry out or cause to be carried out as
approved by the C.L.O.C.A. and the municipality;
i) the cut and fill procedure for the site;
ii) erosion control works on the Soper Creek,
if considered necessary by C.L.O.C.A.
and the municipality;
iii) the stormwater management plan for the
subject property.
24. That prior to final approval, the Ministry of the
Environment is to be notified by the Regional
Municipality of Durham that adequate water supply
and sewage treatment capacities are available to
service the development.
25. That the developer shall submit a statement indicating
how sediment movement off-site will be controlled in
the early stages of development. The measures
- proposed must be to the satisfaction of the Ministry of
the Environment and the subdivision agreement must make
provision for implementation of the approved measures.
26. That before the Minister's final approval is given
we are to be advised in writing by the Town ~f
Newcastle how conditions 1 to 16 inclusive, 22 and
23(c) have been satisfied.
27. That before the Minister's final approval is given
we are to be advised in writing by the Regional
Municipality of Durham how conditions 5 and 15 to
17 inclusive have been satisfied.
28. That before the Minister's final approval is given
we are to be advised in writing by the Central Lake
Ontario Conservation Authority how conditions 12 and
19 to 23 inclusive have been satisfied.
(Continued)
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Conditions Continued
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File No. 18T-75526 (Revised)
29. That before the Minister's final approval is given
we are to be advised in writing by the Ministry of
the Environment how conditions 24 and 25 have been
satisfied.
NOTES:
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1. We suggest you make yourself aware of:
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(a) section l60a(l) of The Land Titles Act, which
requires all new plans be registered in a land
titles system;
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(b) section 160(2) allows certain exceptions.
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2.
It is suggested that the municipality register the
subdivision agreement as provided by section 33(6)
of The Planning Act against the land to which it
applies, as notice to prospective purchasers.
3.
Inauguration, or extension of a piped water supply,
a sewage system or a storm drainage system is subject
to the approval of the Ministry of the Environment
under Section 41 and Section 42 of The Ontario Water
Resources Act.
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4. Where agencies involved in subdivision agreement
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A copy of the subdivision agreement shall be sent
to:
Mr. W. Fry
Resources Planner
Central Lake Ontario Conservation
Authority
1650 Dundas Street East
Whitby, Ontario
LIN 2K8
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File No. l8T-75526 (Revised).
NOTES CONTINUED:
Mr. B. Singh
Ministry of the Environment
Central Region
Suite 700
150 Ferrand Drive
Don Mills, Ontario
M3C 3C3
This will expedite clearance of the final plan.
A copy is not required by the Ministry of Housing.
5. Lapsing of draft approval
If final approval is not given to this plan within
three years of the draft approval date, and no extensions
have been granted, draft approval shall lapse under
section 33(12a) of The Planning Act. If the owner
wishes to request an extension to draft approval,
a written explanation together with a resolution
from the local municipality must be received by
the Ministry of Housing prior to the lapsing date.
6.
"July 1, 1978 is the date established by the Ministry
of Housing for conversion of plans of subdivision
to metric units. After this date, exceptions to
the use of metric units will be made only where
it can be shown that substantial preparatory work
has been undertaken and that undue hardship would
be involved converting the plan to metric units".
7. When the zoning by-law required in condition .12 is
being prepared, reference to this subdivision
application and the T file number should be
included in the explanatory note. This will
expedite the Community Planning Review Branch
or other agency's consideration of the by-law.
8.
In the event that lots 18 to 21 become suitable for
development and prior to final approval of the plan,
the owner shall submit to the Central Lake Ontario
Conservation Authority for approval, plans indicating
the methods to be used in controlling erosion in the
Soper Creek to the rear of these lots.
(Continued)
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File No. l8T-75526 (Revised).
NOTES CONTINUED:
9.
In the event that lots 18 to 21 become suitable
for development and prior to final approval of the
plan, the Central Lake Ontario Conservation
Authority shall be furnished with an Ontario Land
Surveyor's report which verifies minimum lot
elevations for these lots.
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