HomeMy WebLinkAbout86-26
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 86- 26
being a By-law to authorize the entering into of an Agreement with
Huron Trail Development Group Limited and the Corporation of the Town
of Newcastle.
The Council of the Corporation of the Town of Newcastle hereby enacts
as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal with the
Corporation's seal, an Agreement between Huron Trail Development
Group Limited and the said Corporation dated the
day 0 f
,1986, in the form attached hereto as Schedule
"XII.
2. THAT Schedule IIX" attached hereto forms part of this
by-law.
BY-LAW read a first time this 24th
BY-LAW read a second time this 24th
day of February
day of February
1986
1986
BY-LAW read a third time and finally passed this 24th
February 1986
day of
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Document General
Form 4 - Land Registration Reform Act, 1984
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3853
(1) Registry 0
(3) Property
ldentlfler(a)
Land Titles [] (2) Page 1
Block Property
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Additional:
See 0
Schedule
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HAY 6 3 5~PM '86
(4) Nature of Document
APPLICATION TO REGISTER NOTICE OF AGREEMENT
SECTION 74, THE LAND TITLES ACT
(5) COMlderatIon
Dollars $
(6) Description
Parcel 18-1
Section Con. 7
Town of Newcastle (Darlington)
See Schedule IIAII Page 22 of Subdivision Agreement
New Property 'dentifiers
Additional:
See 0
Schedule
xecutIona
Additional:
See
Schedule
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(7) This
Document
Contains:
(a) Redescription
New Easement
PlanlSketch
i, ~ Schedule for:
Additional
o i Description [RJ Parties 0 Other @
,
(8) Thia Document provides .. follows:
The Corporation of the Town of Newcastle has an unregistered interest in the above
lands of which Huron Trail Development Group Limited is the registered owner and,
hereby apply to have registered an Application to Register Notice of Agreement
dated the 6th day of May, 1986 between the Corporation of the Town of Newcastle and
Huron Trail Development group Limited.
Evidence in support of this Application consists of the Agreement between The
Corporation of the Town of Newcastle and Huron Trail Development Group Limited.
Continued on Scheclule \
(e) ThIs Document ........ 10 Instrument number(a)
.TUE.CORP.ORATION nE J~ JDWN. OF.............,.
NEWCASTLE
. Per; Markowitz, StQn~.& ,Y.~~k. ,.....,...,.,.
'w Solicitors
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Signature(s)
Date of Signature
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(10) Party(lea) (Set out Status or Interest)
Name(s)
"1)~ Office of the Clerk, 40 Temperance Street, Bowmanville, Ontario L1C 3A6
(12) Party(lea) (Set out Status or Interest)
Name(s)
.WURON.TRAIL.DEVELOp.MENr SRDUP. lJMI!ED........
(Owner)
Date of Signature
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Peter Kalinovits S retary I j
.1. &.ve. .the. au.thor.i.ty .to .bind . the .l . . . .. ...!...
Corporation i!
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(13)=.acelllO Finch Avenue West, Suite 520, Downsview, Ontario M3J 2T2
(14) MuntcIpaI Add..... of property
Vacant land
(15) Document Prepared by:
Markowitz, Stone & Yack
1110 Finch Avenue West
Downsview, Ontario
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NewBOme and Gilbert, Limited
Form LE1333cll/85J
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April. 1985
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THIS AGREEMENT made in quintupl icate this 6Tff day of /1fJ{
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SETWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
Hereinafter called the II TOWN II OF THE FIRST PART,
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HURON TRAIL DEVELOPMENT GROUP LIMITED
Hereinafter called the "OWNER" OF THE SECOND PART
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1ST MORTGAGE - PAUL ROTH and MICHAEL WYNSTON
as Trustees '
Hereinafter called the "MORTGAGEE" OF THE THIRD PART
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THE ROYAL BANK OF CANADA
Hereinafter called the "MORTGAGEE" OF THE FOURTH PART
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement, which are described in Schedule
"A" hereto, are hereinafter called the IILands" and constitute 12.03 hectares;
AND WHEREAS the Owner warrants that it is the registered owner of the Lands;
AND WHEREAS the Owner warrants that the Mortgagee is the only mortgagee of the
lands;
AND WHEREAS the Owner warrants that it has applied to Minister of Municipal
Affairs and Housing, 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 Municipal ity of Durham,
financial and otherwise;
AND WHEREAS the Owner warrants that it has or will enter into an agreement with
the appropriate Public Utilities Commission or other authority or company having
jurisdiction in the area of the said Lands for the design and installation of
the utilities referred to in Schedule IIH" and hereinafter called "Utilitiesll;
NOW THEREFORE in consideration of the mutual agreements and covenants and
promises herein contained, and other good and valuable consideration, the
parties hereto agree as follows:
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L.R.: 05.02.86
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1. DEFINITIONS
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In this Agreement:
1.1 "Council" shall mean the Council of the Corporation of the Town of
Newcastle;
1.2 IIDirector" shall mean the Director of Publ ic 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
N ewe a s t 1 e ;
1.4 "lJirector 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 or his designated representative as
may be appoi nted oy Council to act in hi s pl ace;
lob "Solicitorll shall mean the Solicitor of the Corporation of the Town of
Newcastle;
1.7 1I0wnerll 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 IICommissioner" shall mean the Commissioner of Planning for the Regional
Municipality of Durham.
1.9 IIMinister" shall mean the Minister of Municipal Affairs and Housing,
On ta ri 0 .
1.10 IITown" shall mean Council or any official, designated by Council to
administer the terms of the Agreement.
1.11 "Applicant" shall mean an individual, an association, a partnership or
corporation who applies for the necessary building permits for the lots
or blocks covered by this Agreement.
L.R.: 14.11.85
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~. GENERAL
l.l 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 subaivision for the said Lands, which plan shall be the
plan prepared for approval by the Minister. The said plan is attached hereto as
Schedule II~" and is hereinafter called the IIPlanll. The Owner shall also furnish
to the Town at the time of the execution of this Agreement, one copy of the said
Plan containing the stamp of approval of the Region, and a copy of the
subdivision agreement entered into between the Owner and the Region with respect
to the said Plan if such approval and/or Agreement is in existence at the time
of the execution of this Agreement. If the approval or agreement with the
Region is not available at the time of the execution of this Agreement, the
Owner agrees to provide the Town with the Plan with the stamp of approval of the
Region and a copy of the Subdivision Agreement entered into with the Region,
immediately after approval is granted or the agreement signed. The Owner shall
also furnish to the Town at the time of the execution of this Agreement one copy
of each of the agreements entered into with the Public Utilities Commission or
other authority or company having jurisdiction in the area of the said Lands for
the design and installation of the utilities, or, if such agreement or
agreements are not in existence at the time of the execution of this Agreement,
the Uwner agrees to provide the Town with a copy of each such agreement
immediately after such agreement is signed.
2.3 DEDICATION OF EASEMENTS
(1) The Owner shall, at the time of the execution of this Agreement, or such
later date as may be agreed by the Owner and the Town, but not later than the
registration of the Plan, deliver to the Town executed transfers of easements
free and clear of all encumbrances as set out in Schedule liE" hereto.
(l) 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 unreasonaDly 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 DEuICATION 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 IIF" 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 De 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.: 25.1U.ts5
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REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS
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 NOT APPLICABLE
(1) The Owner shall, at the time of the execution of this Agreement, deposit
with the Town a letter from each and every School Board having jurisdiction over
the said lands stating that arrangements satisfactory to each and every School
Board have been made respecting the acquisition of any lands necessary for
school purposes to serve the said lands.
(2) In the event that a School Board which has an option to acquire any lot or
block within the Plan and does not exercise its option, the Owner hereby agrees
to notify the Clerk of the Town in writing that the School Board has not
exercised its option and the Owner hereby grants to the Town an irrevocable
option to acquire such lands upon the same terms and conditions as the School
Board could have acquired the property, except that the Town shall exercise the
option hereby granted, in writing, within sixty (60) days of receipt of
notification from the Owner that the School Board has failed to exercise its
option and, the purchase of such Lands by the Town shall be completed within
ninety (90) days of the exercise of its option.
2.7 INTEREST IN SAID LANDS
The Owner hereby charges all its interest in the said Lands with the obligations
set out in this Agreement.
2.8 NOTIFICATION OF 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:
Huron Trail Development Group Limited
1110 Finch Avenue West
DOWNSVIEW, Ontario
M3J 2T2 (P HONE: 665-9891)
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 this
Agreement to be subject to renegotiation, whereupon the Owner agrees not to
undertake any construction or installation of any of the Works until this
Agreement has been renegotiated. This Agreement may be subject to renegotiation
if:
(i) the Minister approves a Plan of Subdivision for the said lands which
is substantially different from the Plan attached hereto as Schedule
IIBII; or
L . R. : 05 . 02 . 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
(i i i) the agreement between the Owner and the Regi on has not been executed
at the time of the execution of this Agreement, or such agreement has
been executed and is subsequently amended, and the provisions of such
agreement affect materially the location or sizing of any of the
Works to be supplied and installed under the terms of this Agreement;
or
(iv) no construction or installation of any of the Works has commenced
wi thin two (,) years from the date of regi stration of the plant
and failing agreement, this Agreement shall be null and void.
(/~) The parties may from time to time by mutual agreement amend the terms
of this Agreement and any of the Schedules but an amendment shall only be
effective if in writing ana 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 copy of the plan of subdivision is in existence and all
descriptions in this Agreement and the Scheaules annexed hereto refer to the
descriptions in the plan annexed hereto as Scheaule 118". Upon the final plan of
subdivision being approved by the Minister of Housing the final plan shall be
substituted for the plan annexed as Schedule liB" and all amendments necessary or
raquisite 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 liB II , "Ell, IIF", "GII, IINII, 11011, "P", and lIQ") with the final
plan of subdivision.
2.11 TOWN TO ACT PROMPTLY
Wherever the Town, or the Solicitor, or the Treasurer for the Town, or the
Director, is required to take action pursuant to this Agreement, or is required
to make a decision or render an opinion, or give confirmation or give
authorization, permission or approval, then such action, decision, confirmation,
authorization, permission or approval shall be made promptly and in all respects
the Town and its officers, servants or agents shall act reasonably.
2.12 ASSIGNMENT OF AGREEMENT
The Owner shall not assign this Agreement without prior written consent of the
Town and no such assignment shall relieve the subsequent owner of any of his
obligations under this Agreement.
2.13 SCHEDULES TO AGREEMENT
The following schedules which are identified by the signatures of the parties to
this Agreement, and which are attached hereto, together with all provisions
contained therein, are hereby made a part of this Agreement as fully and to all
intents and purposes as though recited in full herein:
Schedule IIAII
ilLegal description of said Landsll
"Pl an of Subdi vi si on for fi nal app rova 1"
"Charges against said Landsll
Sc he du 1 e II 8 II
Schedule IICII
Schedule "0"
"Development charges"
Scheaule "E"
"Grants of easements to be dedicated"
Schedu 1 e "F"
"Lands and/ or cash to be dedi cated"
Schedule "G"
"Works requi redll
L.R.: 14.11.~!:)
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Schedule "H"
Schedule "III
Scheaul e "J"
Schedul e ilK II
Scheaule ilL"
Schedul e 1I~1"
Schedule "Nil
Schedule "Oil
Schedule IIpll
Scheaule IIQII
Schedule IIRII
Schedule "S"
2.14 MORTGAGE
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"u til it ies requ i redll
"Outies of Owner's Engineer"
"Cost Estimates"
"Insurance Policies required"
"Regu 1 a ti ons for construe ti on"
"Use of said lands"
"Lands subject to building restrictionsll
"Lands requiring site plan"
1I0versized and/or External Servicesll
IIConservati on Authority I s Works"
IIEngineering and Inspection Feesll
"Minister's Conditions of Approval"
The Mortgagee does hereby postpone his mortgage to this Agreement with the
intent that this Agreement shall take effect as though dated, executed an.d
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
otherwiset he shall not use or aevelop the said lands except in conformity with
the provisions of this Agreement.
2.15 SUCCESSURS
This Agreement shall enure to the benefit of and be binding upon all of the
parties hereto, its, his or her respective heirs, executors, administrators,
successors or assigns.
2.lb PLAN APPROVAL
Upon receipt of the payments herein required and upon the execution and
registration of this Agreement, the l)irector of Planning will recommend to the
Minister that the plan be approved for registration.
L.R.: 14.11.85
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3. FINANCIAL
3.1 PAYMENT OF TAXES
The Owner shall, at the time of the execution of this Agreement, pay all
to1unicipal taxes outstanding against the said Lands, as set out in Schedule "C"
hereto. The Owner further agrees to pay any municipal taxes which may become
due and payable by it, in respect of any of the said Lands, prior to the sale by
the Owner of such lands.
3.2 PAYMENT OF LOCAL IMPROVEMENT CHARGES
The Owner shall, at the time of the execution of this Agreement, pay all charges
with respect to existing local improvements assessed against the said Lands, as
set out in Scheaule "e" hereto. Such charges shall include the Town1s share of
any local improvements whi ch serve the sai d Lands and shall i ncl ude the commuted
value of such charges including charges falling due after the date of the
execution of this Agreement.
3.3 PAYMENT OF DRAINAGE CHARGES
The Owner shall, at the time of the execution of this Agreement pay all drainage
charges assessed under The Municipal Drainage Act, 1975, and The Tile Drainage
Act, R.S.O. 198U, against the said Lands, as set out in Schedule "e" hereto,
including the commuted value of such charges falling due after the execution of
this Agreement.
3.4 PAYMENT OF DEVELOPMENT CHARGES
The Owner shall pay all development levies in the amounts and at the times set
out in Schedule 11011 hereto. Notwithstanding the provisions of Schedule "DII as
to the times at which the development charges shall be paid, the Owner shall,
prior to the issuance of any building pennit in respect of any lot or block, pay.
all remaining development charges assessed against the said lot or block.
3.5 CASH IN LIEU OF LANDS
The Owner agrees that, if the Town agrees to accept cash in lieu of the
dedication by the Owner to the Town of lands for publ ic purposes, other than
highways, the amount of such cash payment shall be as set out in Schedule "F"
hereto. The Owner further agrees to pay to the Town, any such cash payment as
set out in Schedule "FII hereto, at the time of the execution of this Agreement.
3.b PERFORMANCE bUARANTEE 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 irrevocable letter of credit
issued by a chartered Canadian bank, guaranteeing the performance by the Owner
of the provisions of this Agreement. Such cash or irrevocable letter of credit
shall be in an amount equal to the Works Cost Estimate with respect to the Plan
or stage of the Plan covered by the Authorization to Commence Work.
(~) All documents furnished under this paragraph shall be approved by the
Treasu rer of the Town.
(3) The cash or irrevocable letter as provided in SUbparagraph (1) hereof are
hereinafter collectively referred to as a IIPerformance Guarantee".
3.7 USE OF PERFORMANCE GUARANTEE
The Owner agrees that the Town may, at any time, authorize the use of all or
part of any Performance Guarantee if the Owner fails to pay any costs payable by
the Owner to the Town under this Agreement by due date of the invoice for such
costs.
L.R.: 2:>.10.85
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3.~ 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 for in
this Agreement. The Owner shall also provide the insurance called for by
Schedule ilK" of this Agreement.
3.Y MAINTENANCE GUARANTEE PERIOD
In order to guarantee that all defects in the Works which become apparent after
the issuance of a Certificate of Completion for such Works, will be properly
repaired or replaced, the Owner shall, prior to the issuance of the Certificate
of Completion for such Works, lodge with the Town a Maintenance Guarantee in the
form of cash or an irrevocable letter of credit from a chartered Canadian bank,
ana in an amount equal to ten percent (10%) of the estimated cost of the Works
as set out in Sched~le IIJ" hereto. The form of the Maintenance Guarantee shall
be subject to the approval of the Town Treasurer, and shall guarantee the Works
from the date of completion as follows:
(a) Initial Stage of Road Construction: the greater of two (2) years
from the date of issuance of the Certificate of Completion for the
initial stage of road construction or upon the date of issuance of
Certificate of Completion for the final stage of road construction.
(b) Final Stage of Road Construction: one (1) year from the date of the
issuance of Certificate of Completion for the final stage of road
construction.
3.1U USE OF MAINTENANCE GUARANTEE
The Owner agrees that the Town may, at any time, authorize the use of all or any
part of any ~Iaintenance Guarantee if the Owner fails to pay any costs payable by
the Uwner 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
applying to those Works for which such Performance Guarantee was required; and
(3) the Town is satisfied that in respect of the construction and
installation of the Works for which such Performance Guarantee was required,
there are no outstanding claims relating to such Works.
(4) the Town may, from time to time, reduce the amount of the value of
the Performance Guarantee to reflect the progress of the Works required to an
amount equal to the value of the uncompleted Works, plus ten percent (10%) of
the value of the completed Works on approval by the Director of a Progress
Certificate prepared by the Owner1s Engineer.
3.I~ REQUIREMENTS FUR RELEASE OF ~~lNTENANCE GUARANTEE
(1) The Owner agrees that the Town shall not be obliged to release to the
Uwner 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; ana
(b) the Town is satisfied thatt in respect of the maintenance of all of
the Works for which such Maintenance Guarantee was requiredt there
are no outstanding claims relating to such Works; and
(c) the Town has received the as-built drawings for such Works.
L.R.: ~5.1U.B5
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(2) The Town shall release to the Owner 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
sha 11 be deemed to ; ncl ude the words "a t the ex pense of the Owner" unl ess the
context otherwise requires.
(~) The Owner shall reimburse the Town for all reasonable legal s plannings
engineering and other technical advice, and aaninistrative expenses actually
incurred for the preparation and registration of this Agreement, and the legal
services contemplated by the terms of this Agreement, which shall include review
of performance guarantee and the preparation of any release.
(3) The (Jwner 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.
(4) The Owner shall pay the Town all engineering and inspection costs in
accordance with the provisions of Schedule IIR" hereto.
3.14 UNPAID CHARGES
The Que date of any sum of money payable herein, unless a shorter time is
specified, shall be thirty (3U) 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 outstanaing 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
(~7,5(JO.UU) to guarantee that occupancy does not occur in respect of any lot or
block before the issuance of an Occupancy Permit for such lot or block. In the
event that occupancy occurs in respect of any lot or block before the issuance
of an occupancy permit contrary to paragraph 4.8, the Town may draw down said
Letter of Credit by an amount necessary to correct the default relative to
occupancy. In the event of such default, the Owner shall immediately restore
the Letter of Credit for the full amount of Seven Thousand and Five Hundred
Dollars Oollars ($7,500.UU). So that the amount of security deposit on hand
with the Town always equals Seven Thousand and Five Hundred Dollars ($7,500.00).
The Letter of Credit shall be released to the Owners at such time as the last
unit is reaay for occupancy in accordance with the terms of this Agreement or at
such earlier date as agreed in writing by the parties. The Town agrees to
permit the Letter of Credit lodged by the Owner to be substi tuted, either in
whole or in part, by a Letter of Credit submitted by the builder to whom the
Owner has sold a lot or olock with the Plan. The Owner agrees to obtain any
such Letter or Letters of Credit, on behalf of and in favour of the Town, at
such time as any or a 11 of the sai d lands are sol d. The Town further agrees to
release substituted portions of the Owner's Letter of Credit, in respect of
occupancy.
L.R.: 14.11.~b
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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 plan of the said Lands, hereinafter called the "Tree Preservation Plan" and
showi ng thereon:
(1) the location ano approximate size of all existing trees over 3u.5 cm. in
circumference at 1.5 m. above the ground; and
(() the location of all existing trees referreo to in subparagraph (1) hereof
intenaed to be removed during the oevelopment of the said Lanos.
NO work shall be done ano no such trees removed until the Tree Preservation Plan
is approved and only thent 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.~ USE OF SAIU LANUS
The Owner agrees that the said Lanos shall not be used for any purpose other
than that set out in Schedule "M" hereto without the prior written consent of
the Town.
4.3 LANUS UNSUITABLE FOR BUILUING
The Owner agrees that the lots and blocks of the Plan which are set out in
Schedule IIN" hereto are unsuitable for building purposes and that no application
will be made for a building permit for the erection of any structure on any such
lot or block until the conditions outlined in Schedule "Nil hereto for such lot
or block have been satisfied to the approval of the Directors of Planning wnd
Puolic Works and/or any other authorities having juriSdiction.
4.4 LANDS RE~UIRING SITE PLAN
The Owner covenants and agrees that no application for any building permit in
respect of the lots or blocks of the Plan which are set out in Schedule 110"
shall be made until the Owner has entered into a Site Plan Agreement with the
Town respecting the development of such lot and unless the application for a
builoing permit complies in all respects with the terms of the said Site Plan
Agreement.
4.5 RE~UIREMENTS FOR BUILDING PERMITS
Neither the execution of this Agreement by the Municipality nor the approval by
the Town of the Pl an for regi s trat ion, 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 saia 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; ano
(() all the roaos which are required to be constructeo unoer this
Agreement to provide access to the proposed buildingt 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. Furthermoret the roadside ditching has been completed with
the exception of topsoil and soading in accordance with the approved
Engineering Drawings and to the satisfaction of the Director of
Public Works.
L.R.: ~5.1U.~5
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(3) all of the Works required to be constructed and installed under such
roads have been constructed and installed to the approval of the
Di rector; and
(4) all of the Utilities required to be constructed and installed pursuant
to Schedule IIHII have been constructed and install ed to the approval of
the authorities having jurisdiction over such Utilities.
Alternatively, the Town has received written confirmation from such
authorities that sufficient financial securities have been received to
cover the design and installation of same; and
(5) See 4.5.10
(6) the balance of all Development Levies have been paid in respect of
the lot or block in the Plan for which the building permit is applied
for; and
(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 IIN" the Owner has fulfilled the conditions
with respect to the lots and blocks as set out in Schedule "W' 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 110" the Owner has entered into a Site
Plan Agreement with respect to the lots or blocks as set out in
Schedule 11011 as required by paragraph 4.4 of this Agreement.
(10) the Owner has provided the Director of Planning with two (2) mylar
copies 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 Town1s Design
Criteria and Standard Detail Drawings.
(13) the Owner has received the written approval of the Director of Public
Works as required by Paragraphs 4.9(1) and 5.19(2).
4.6 MODEL HOMES AND ARCHITECTURAL CONTROL
(1) (a) Notwithstanding the provisions of paragraph 4.5 of this Agreement, the
Owner may apply for building permits for up to two (2) 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,
that all building permit fees, occupancy penalty, performance guarantee,
appropriate development levies as provided for in this Agreement have
been paid or provided, the lot grading plan for that particular lot(s)
approved pursuant to 4.5(12) and the provisions of Paragraph 4.9(1)
satisfied.
(b) The Owner agrees that prior to issuance of building permits in respect
of model homes, to obtain the approval of the Director of Public Works
in respect of access to the model homes. Where an alternate access ;s
proposed to provide access to model homes, such access shall be of a
standard acceptable to the Director of Public Works and the Fire Chief
of the Town of Newcastle.
L. R. : 14. 11. 85
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(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 home is occupied for residential purposes contrary to this paragraph
the provisions of paragraph 3.15 shall apply.
(3) (a) the Owner covenants and agrees with the Town that he will exercise or
cause to be exercised, architectural control over the design and
construction of dwellings within the plan by requiring that the
exterior construction of all dwellings be at least 45 percent masonry
e.g. brick, stone or other earthern products, but excluding stucco and
concrete block, or at least 45 percent finished wood siding, excluding
plywood, particle board or other similar wood sheeting materials.
(b) the Owner covena.nts 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 builder/purchaser
showing housing types, elevations and the distribution of model s on
such lots.
4.7 REQUIREMENTS FOR SALE OF LANDS
The Owner agrees not to sell any or all of the said Lands until:
(l) the Town has registered against the title to such lands any grant of
easement in respect of such lands; and
(2) where no building permit has been issued in respect of any lot or block
proposed to be sold, the Owner has obtained from the prospective purchaser
a covenant that such purchaser agrees at any time prior to the issuance of
a building permit, to provide the Town with any grants of easement required
for utility or drainage purposes upon the written request of the Town; and
(3) the Owner has obtained from the prospective purchaser a licence to permit
the Owner and/or Town, to enter upon such lands to perform its 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 obligations of subsequent owners and Section 4.9 with
respect to wells.
(6) the Owner has satisfied the requirements of the Town of Newcastle Fire
Department for fire protection in a form acceptable to the Fire Chief.
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 Permit". In addition to any other
requirements contained herein, no Occupancy Permit shall be issued for any
buil di ng until:
(l) all of the roads which are required to be constructed under this
Agreement, which will provide access to such building, have had the
application of the base course of asphalt, to the written approval of the
Director and the required street lighting has been installed and
energized; and
L . R . : 11. 03 . 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 IIHII 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 authority having
jurisdiction; and
(5) the Owner1s 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 Code 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, 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 (l) year of the date of "Temporary Occupancy" of said dwell ing
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
(1) The Owner shall, prior to plan registration, submit to the Ministry of
Environment for approval, a Hydrologist's Report which verifies that an
adequate supply of potable water is available to service the development.
The report should also address any potential fo~ cross-contamination of
wells from septic effluent as well as the possibility for interference
of existing water supplies and the recommended depth of said wells.
(2) The Owner covenants and agrees to satisfy the requirements of the Region
of Durham Health Department in respect of the installation of a drilled
well and septic tank system on each lot.
(3) The Owner further agrees to insert, in the Agreement to Purchase entered
into by the prospective purchaser, the recommended well type (drilled) and
depth as may be specified by the approved Hydrologist's Report.
L.R.: 14.11.85
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5.
PUBLIC WURKS
~.l TOWN WORKS REQUIREU
Jhe Owner shall be responsible for the construction and installation of the
services and landscaping more particularly referred to in Schedule "G" hereto
. (hereinafter callea lithe Works"). Until the issuance of a Certificate of
Acceptance as hereinafter provided, the Works shall remain the property of the
Owner and the Uwner 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.~ UTILITIES AND SERVICES REQUIRED
The Owner shall be responsible for entering into agreements with the appropriate
Public Utilities Commission or other such authority or company having
jurisdiction in the area of the said Lands for the design and installation of
the Utilities as more particularly referred to in Schedule "H".
S.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
1I0wner1s Engineer", to administer this Agreement, whose duties are set out in
Schedule 111" hereto.
5.4 uESIGN OF WORKS
The Uwner agrees that the design of all the Works shall comply with the Design
Criteria and Standard Detail Drawings of the Town. In the event of any dispute
as to such standards or in the event of any dispute as to such design
requirements, the decision of the Director shall be final.
5.5 APPROVAL OF ENGINEERING DRAWINGS
The Owner shall, prior to the issuance of any Authorization to Commence Works as
provided herein, have received the written approval of the Director for all
drawings of all of the Works hereinafter called the "Engineering Drawingsll. If
no construction of the Works has commenced wi thi n two (2) years of the da te of
approval of the Engineering Drawings, the Engineering Drawings shall be
resubmitted to the Director for re-approva1 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 bRAOINb AND DRAINAGE PLAN
The Owner shall, prior to the issuance of any Authorization to Commence Work as
providea herein, have received the written approval of the Director of a plan,
hereinafter called the "Grading ana Drainage P1an", 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
arainage, including water from adjacent lands originally flowing through, into
or over the said lands to the municipal storm sewer system or any other outlet
approvea by the Director. This Grading and Drainage Plan shall be approved and
signea by the Director prior to the construction of any services or roads on the
said LandS. If no construction of the works is commenced within two (2) years
of the date of approval of the Grading and Drainage Plan, the Grading ana
Drainage Plan shall be resubmitted to the Director for reapproval and revision,
if required by the Director and no such work shall be done unless in accordance
with the said revised ana 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 Commence Work as
hereinafter provided, prepare for the approval of the Director of Public Works,
a plan hereinafter called the "Staging Plan" which divides the Plan into stages
for the construction, installation and maintenance of the Works and Utilities.
L. R . : l5.1O. 85
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The Owner shall not proceed until such Staging Plan has been approvea by
uirector of Puo1ic 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.
~.ij APPRUVAL UF SCHEUULE OF WORKS
The Uwner shall, prior to the issuance of any Authorization to Commence Work, as
herei nafter provi aed, recei ve the wri tten approval of the Di rector of a schedu le
(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 Uwner shall, prior to the Authorization to Commence Work for each
such stage, receive the written approval of the Director of a Schedule of Works
for such stage. The Owner shall proceed only in accordance with the approved
SChedule, except as it may be subsequently amended with the approval of the
U i rec tor.
b.9 APPRUVAL UF CUST ESTIMATE
The Owner agrees that, prior to the issuance of any Authorization to Commence
Work as hereinafter provided, the estimated cost"of construction and
installation of all of the Works, hereinafter called the "Works Cost Estimate",
shall be approved by the Director and entered in Schedule "J" hereto. If the
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, hereinafter called a "Stage Cost Estimate" shall be approved by the
Director and entered in Schedule "J" hereto.
5.1U REQUIREMENTS FUR AUTHORIZATION TO COMMENCE WORKS
The Owner shall not commence the construction or installation of any of the
Works without the written permission of the Town, hereinafter called an
"Authorization to Commence Works". The Owner shall only commence those Works
permitted by the Authorization to Commence Works. In adaition 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 from the Minister; and
(~) 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
(~) the Owner has conveyed to the Town any easements as required by paragraph
l.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
registerea; ana
(7) the Owner has deliverea letters from the appropriate Public Utilities
Comnission, or authority or company having jurisdiction, stating that
satisfactory agreements have been entered into for the design and installation
of the Utilities as required by paragraph 5.~ of this Agreement; and
(~) the Uwner has appointea an Engineer as required by paragraph 5.3 of this
Agreement; and
(g) the Owner has received the written approval of the Director for the
Engineering Drawings as required by paragraph 5.b of this Agreement; and
(lU) the Uwner has received the written approval of the Director of the
landscaping required as part of the Works and more particularly referred to in
Scheaule "~"; and
L. R. : ~b.lO. t6
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(11) the Owner has received the written approval of the Director of the Grading
" and Drainage Plan as required by paragraph 5.6 of this Agreement; and
(12) NOT APPLICABLE
(13) the Owner has received the written approval of the Director of Public
,Works for the Staging Plan as required by paragraph 5.7 of this Agreement; and
. (14) the Owner has received the written approval of the Director for the
Schedule of Works as required by paragraph 5.8 of this Agreement; and
(15) the Owner 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 paid all cash
contributions, due to the Town, as required by Schedule "JII; and
(17) the Owner has deposited with the Town any policies of insurance as
required by paragraph 3.8 of this Agreement; and
(18) the Owner has paid all Town costs as required by paragraph 3.13 of this
Agreement as of the date of the issuance of the Authorization to Commence Works;
and
(19) the Owner has paid all costs due to the Town for oversizing and external
services as required by paragraph 5.27 of this Agreement; and
(20) the Owner has received the written approval of the Director of Public
Works as required by Paragraphs 4.9(1} and 5.19(2}.
(21) notwithstanding the above the Owner may commence installation of the work
as referred to in Schedule "G" hereto with the written aprova1 of the Director,
prior to the registration of the Plan provided that Sections
3,4,7,8,9,10,11,13,14,15,16,17,18,19 and 20 of this Clause have been satisfied.
No Certificate of Acceptance of the work, as referred to in Clause 5.25 of this
Agreement, shall be issued by the Director, until the Plan has been registered
and all other requirements relevant to the Certificate of Acceptance have been
met. The construction or installation of any of the work pursuant to this
clause shall, notwithstanding the aforementioned approval of the Director, be
taken at the sole risk of the Owner. The Owner shall save harmless the
Municipality from any action or cause of action resulting from the construction
or installation of any of the work as may be undertaken pursuant to this Clause.
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 Commence Works for each stage of the Plan. If the
Town has issued an Authorization to Commence Works for one stage of the Plan, in
addition to any other requirements contained herein, no Authorization to
Commence Works shall be issued for any subsequent stage of the Plan until:
(1) the Stage Cost Estimate for such stage has been approved by the Director
and entered in Schedule IIJII hereto; and
(2) the Owner has deposited with the Town the Performance Guarantee applying
to that stage of the Plan for which the Owner is seeking such Authorization to
Commence Works.
5.12 INSPECTION AND STOP WORK
The contract with any contractor employed by the Owner to construct or install
any of the Works shall provide that employees or agents of the Municipality may,
at any time, inspect the work of such contractor pertaining to the said Lands
and the Director, after consultation with the Owner's Engineer, shall have the
power to stop any such work in the event that, in their opinion, work is being
performed in a manner which may result in a completed installation that would
not be satisfactory to the Town or in the event the financial guarantees,
required pursuant to this Agreement, are not maintained in good standing.
L.R.: 11.03.86
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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 Orawings as approved by the Director. No variation from the
Engineering Urawings 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 II 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 COMPLETIUN 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 final coat of asphalt, final lot grading, 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 aaditional facilities ana perform such additional work as the
Town may request from time to time.
5.17 INCOrlPLETE UR FAUL TV WORK
(1) If, in the opinion of the Uirector, 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
ana 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 ana 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,
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
Oirector 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 Uirector, 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
incurrea to complete the work, it being hereby declared and agreed that the
assuming by the Owner of the obligations imposea by this clause is one of the
considerations without which the Municipality would not have executed this
Agreement.
(l) In the event that any liens are filed under The Construction Lien Act such
filings shall constitute a default in performance under this agreem~nt, then in
any such case the Oirector may notify the Owner and his surety in writing of
loR.: l5.1O.85
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such aefault ana if the Owner fails to satisfy claims of the lien claimant
within ten (lU) 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 ana power immediately, at its
option, to pay the full amount of the claim and costs into an appropriate court
. having jurisdiction and the Municipality shall be authorized to use all or part
of any performance or maintenance guarantee to do so. In the event that the
Municipality draws upon the performance or maintenance guarantee to satisfy the
claims and costs of any lien claimant, the Owner shall forthwith upon notice
from the Oirector reinstate the performance or maintenance guarantee to the full
value required under the terms of the agreement.
5.1~ 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.
5.1Y DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS
(1) 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 carriea 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
hydrologist and approved by the Director of Public Works. The Owner further
agrees to undertake separate reports, to the satisfaction of the Oirector of
Public Works, for each and every occorrence of apparent well interference caused
by construction activity within the said lanas and reported to the Town.
(3) The Owner agrees to, if the well or private water supply of any person
outsiae 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
ana 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 quality and quantity at least equal to the
quality and quantity of water enjoyed by the affected party prior to
the interference.
5.~U 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 . : 14. 11. 85
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5.21 MAINTENANCE OF ROADS AFTER COMPLETION
(1) Notwithstanding any other requirement in this Agreement to maintain the
Works, if any building on the said Lands is occupied, the Owner shall maintain
all of the roads, which are required to be constructed and which provide access
to such building, until a Certificate of Acceptance has been issued for such
road. The Owner shall:
(a) maintain the roads at all times in a well drained, dust and mud free
condition, fit for all normal vehicular traffic, to the approval of the
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 roaaways are vested in the Town the Owner shall pay one hundred percent
(lUO%) of the actual cost of snowplowing and sanding such roadways.
(3) The provisions of any work or service by the Town under paragraph 5.18 or
subparagraph (2) of this paragraph, shall not in any way constitute approval or
assumption of the road and the road shall not be deemed to have been assumed
until a Certificate of Acceptance has been issued.
5.22 REQUIREMENTS FOR CERTIFICATE OF COMPLETION
The Owner agrees that the construction and installation of any of the Works
authorized in an Authorization to Commence Works shall not be deemed to be
completed for the purposes of this Agreement until the Director has provided the
Uwner with written confirmation thereof, referred to herein as a IICertificate 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
Uirector, and he is satisfied such Works have been constructed and installed in
accordance with the latest version of the Engineering Drawings approved by the
Di rector; 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 RE~UIRED MAINTENANCE OF WORKS
The Owner shall from the date of the issuance of a Certificate of Completion
maintain all of the Works covered by such Certificate of Completion for a period
as 'follows:
(a) Initial Stage of Road Construction: the greater of, two (2) years
from the issuance of the Certificate of Completion for the initial
stage of road construction or upon the date of the issuance of the
Certificate of Completion for the final stage of road construction.
(b) Final Stage of Road Construction: one (1) year from the date of the
issuance of Certificate of Completion for the final stage of road
construction.
5.24 REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE
The Owner agrees that any of the Works covered by a Certificate of Completion
shall not be accepted, nor deemed to be accepted, for the purpose of this
Agreement, until the~Director has provided the Owner with written confirmation
thereof, referred to herein as a "Certificate of Acceptancell. In addition to
any other requirements contained herein, no Certificate of Acceptance shall be
L.R. : 25.1O.~!:>
~
.
, .
, .
.
- 20
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 Oirector 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 Uwner 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 Uwner with a written release for the said Lands, referred to herein
as the IICertificate of Re1ease", in a form suitable for registration or deposit
in the applicable Registry or Land Titles Office. In addition to any of the
requirements contained herein, the Certificate of Release for such stage shall
not be issued until:
(1) Certificates of Acceptance have been issued for all of the Works; and
(2) 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 perioa 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 Owner1s responsibility for drainage as provided herein and the Owner's
acceptance of the conai ti ons for applyi ng for Town buil di ng permi ts as provi ded
herein.
5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES
(1) In the event that the Owner is required to install oversized services
(hereinafter called "0versized Services") or services outside the limits of the
Plan of Subdivision (hereinafter called "External Servicesll) which are more
particularly set out in Schedule "P" hereto, the Town agrees that upon a
developer of lands outside the Plan of Subdivision connecting to such Oversized
or External Services, to pay to the Owner that portion of the cost of the
Oversizea or External Services (which is also set out in Schedule "P") 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 detennining 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 "P" 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 aate 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 aaded to the cost of Oversized or External Services.
L.R.: 25.1O.~5
.
, "
- 21 -
(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 RESPONSI8ILITY OF SUBSEQUENT OWNERS
Even after the issuance of the Certificate of Release the registered owner of
each lot or block on the Plan shall have the sole responsibility for the
following:
(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 comp1 iance with the terms of Paragraph 4.5 "Requirements for
Building Permits" of this Agreement if, at the time, a Certificate for Release
is issued, no building permit has__been issued for such lot or lots.
(3) The registered owner shall provide an individual drilled well and a
private sanitary waste disposal system to the satisfaction of the Durham Region
Health Unit which well shall satisfy the minimum recommended requirements of the
approved Hydrologist1s Report as required by Paragraph 4.9 of this Agreement.
(4) The registered owner shall be responsible for submitting to the Town
of Newcastle, a house siting and grading plan as required in Paragraph 4.5(12)
of this agreement.
(5) The registered owner shall be responsible for applying to the Town of
Newcastle for a driveway entrance including the installation of all necessary
culverts in accordance with the Town of Newcastle Entrance Policy.
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
o.
)
)
}
)
)
)
)
)
)
)
)
)
}
l~
~ as Trustees
~ THE ROY AL ~ANK OF CANADA,
) Attorney~.,
} ~
L.R.: 05.02.86
J. l. REE.g
. .
d^
" TH.JS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and
approved by By-l aw No. 86-'2(;. of the Corporation of the Town of Newcastle,
enacted and passed the ~]f day of ~~~4'~~ 1986.
LEGAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR that certain parcel or tract of land and premises situated,
lying and being in the Town of Newcastle, in the Regional Municipality of Durham
and being composed of that Part of Lot 18, Concession 7, of the geographic
Township of Darlington designated as Parts 1 and 2 on Plan 10R-1141, registered
in the Land Registry Office for Land Titles Division of Newcastle (No. 10).
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
SIGNED, SEALED AND DELIVERED
f).
L. R . : 05 . 02 .86
}
}
)
)
}
)
)
)
) LIMITED
)
)
) .,..e....,
~~
) ~ ----
) PatO. oth '
) as Trustees
)
) THE ROYAL BANK OF CANADA, by its
) Attorneys
}
)
~ ~ BE.Eg
.
. .
t 1-\ I I
THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and
approved by By-law No. 8G-2~ of the Corporation of the Town of Newcastle,
enacted and passed the 21 day of r=Af:~ 1986.
PLAN OF SUBDIVISION
(copy of final plan prior to registration)
and
(Copy of Plan of Subdivision 18T-24002, as draft approved)
Part Lot 18, Concession 7, Darlington
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
0.
\
L.R.: 05.02.86
) THE CORPORATION OF THE TOWN OF NEWCASTLE
)
)
)
)
)
)
)
)
)
}
)
)
)
) Wynston,
)
)
)) THE ROYAL BANK OF CANADA, by its
) Attorneys
)
)
J. L. Rt.~
d3
. I,,: ..
~
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and
approved by By-law No. gG-2C of the Corporation of the Town of Newcastle,
enacted and passed the Z r: day of Fe~"7 1986.
CHARGES AGAINST SAID LANDS
(1) MUNICIPAL TAXES
(2) LOCAL IMPROVEMENT CHARGES
(3) DRAINAGE CHARGES
(paid upon execution, where applicable)
(paid upon execution, where applicable)
(paid upon execution, where applicable)
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
)
)
)
)
)
)
)
)
)
)
)J. ~l
)
)
)
)
)
)
)
L. R. : 05. 02 . 86
THE CORPORATION OF THE TOWN OF NEWCASTLE
: '\..tl.-::)
~
as Trustees
Wynston,
THE ROYAL BANK OF CANADA, by its
Attorneys
~
J. L.. Rf.€!J
I
PLAN OF SUBD/VI 5 ION
OF PART OF LOT 18, CONCESSION 7,
GEOGRAPHIC TOWNSHIP OF DARLINGTON,
NOW WITH IN THE LIMITS OF THE
TOWN OF NEWCASTLE
REGIONAL MUNICI PALITY OF DURHAM
SCALE I" = 100'
M. D. BROWN 0. L. S. 1984
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32
THfF. LAND TITLES DIVISION DF NEWCASTLE.
AT~_O'CLo.CK ON THE_DAYOF ___,/9__
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SECTION 10, CON 7, NEWCASTLE (DARLINGTON)
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OWNER'S CERTIFICATE
THIS IS TO CERTIFY,'
I. LOTS IT022 BOTH INCLUSIVE, BLOCKS 30 AND 35,THESTREETNAMELY,
POTTER'S LANE, THE STREET WIDENINGS, NAMELY BLOCKS 23,24, 25,
28, 31 ,AND 32, AND THE 1,0' RESERVES, NAMELY BLOCKS 26,Z7, 29, 33
AND 34, HAVE BEEN LAID OUT IN ACCORDANCE WITH DUR
INSTRUCTIONS,
2. THE STREETAND STREET WIDENINGS ARE HEREBY DEDICATED AS
PUBLiC HIGHWAYS.
DATED THE
DAY OF
.'986
6.36 62
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--'._,-._~-----,.."'_.
SURVEYOR'S C~RTIF/CATE
ICE R T I FY T HA T' I
I, THIS SURVEY, AND PL1N ARE CDRRECT AND IN ACCORDANCE
#1 TH THE SURVEYS ACT AND THE LAND TITLES ACT AND
THE REGULATlo.NSMADE THEREUNDER,
2THE SURVEY WAS COMPLETED ON THE 7th DAY
o.F DECEMBER, 1984.
NOTES.
BEARING 5 SHOo/N HEREo.N ARE ASTRDNDMIC, DERIVED FROM
THE So.UTHERLY LlM IT o.F DURHAM REGIONA L RDAD N/2 3,
SHDWNAS Nl/'o47'E DN PLAN lOR 1/41.
SIB - STANDARD IRo.N BAR I" square 48" Lo.NG
IB - IRONBAR 518"square 24 "Lo.NG
-Q- - DENo.TE$ PLANTED,IB UNLESS OTHERWISE DESIGNATED.
..... - DENOTES FOUND, NUMBERED 'I I OS 'UNLESS OTHERWISE
DESIGNATED,
DECEMBER 7,1984,
?1lo~.~~__ .
M, D, BRO WN
DNTARIO LAND SURVEYDR
MERRILL D.BROWN UMITED
LAND SURVEYING AND ENGINEERING
16 TEMPERANCE STREET,
Bo.WMANVI LLE ONTARIO,
PHONE:416-623- 7251 LlC -3044
Date,
DEC. 7 ,1984
Scale.
/inch = 100 feet
Drown by:
M,D.B,
File
84003-Af
. ..do.. '.'.'". ...~~. __"';"_~;._...,_~ ~__";'__.",,-:....
...
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THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been authorized and
approved by By-law No. BG-<f:=. of the Corporation of the Town of Newcastle,
enacted and passed the 2. cr day of /="I!E-~;?'<f 1986.
DEVELOPMENT CHARGES
The Owner shall pay to the Town development charges in the amount of Thirteen
Thousand, Seven Hundred and Fifty Dollars ($13,750.00) (calculated at the rate
of Six Hundred and Twenty-five Dollars ($625.00) for each dwelling unit) and
Fire Protection charges in the amount of Twelve Thousand, Two Hundred and Ten
Dollars ($12,210.00) (calculated at the rate of Five Hundred and Fifty-five
Dollars ($555.00) for each dwelling unit) which shall be paid as follows:
25% of the aforesaid sum being Six Thousand, Four Hundred and Ninety
Dollars ($6,490.00) forthwith upon the date of execution of this
Agreement
25% of the aforesaid sum being Six Thousand, Four Hundred and Ninety
Dollars ($6,490.00) at the date of the issuance of the building permit for
the first dwelling unit.
25% of the aforesaid sum on the first anniversary of the issuance of the
building permit for the first dwelling unit, or upon the issuance of the
building permit for the 12th dwelling unit, whichever date is the sooner.
the remainder of the aforesaid sum being Six Thousand, Four Hundred and
Ninety Dollars ($6,490.00) twenty-four (24) months following issuance of
the building permit for the first dwelling unit or upon the issuance of
the building permit for the 17th dwelling unit, whichever date is the
sooner.
For the purposes of this Schedule and the Agreement development charges actually
paid to the Town shall be applied in the first instance on a pro-rata basis
against all lots or blocks within the Plan upon which it is contemplated by this
Agreement that residences shall be built but, upon the issuance of the first
building permit and thereafter, the development charges shall be first applied
in full satisfaction of the development charges owing on the lots or blocks in
respect of which the building permits have been issued and the balance of any
development charges actually paid to the Town (if-any) shall be applied on a
pro-rata basis against all lots or blocks within the Plan upon which it is
contemplated by this Agreement that residences shall be built but for which no
building permit has been issued.
For the purposes of this Schedule and the Agreement the number of building
permits issued shall be the aggregate of all building permits issued with
respect to any lot or block within the Plan whether issued to the Owner or any
other person.
The Town shall ~eview the schedule of development charges annually and shall
adjust the amount of the development charges in accordance with the increase of
capital costs as may be appropriate using the Southam Construction Index for
calculating such adjustments.
The Owner hereby acknowledges and agrees to such annual adjustment and further
agrees that such adjusted development charges shall be gpp1icab1e to all lots or
blocks within the Plan for which development charges remain due.
_of
. , Page' 2 of SCHEDULE "D"
Jep
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
beha 1f .
SIGNED, SEALED AND DELIVERED )
)
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0,
L. R. : 05. 02 . 86
TOWN OF NEWCASTLE
THE ROYAL BANK OF CANADA, by its
Attorneys
~ 4 1\l.,~~
......
- .
,"
;27
, THIS SCHEDULE IS SCHEDULE "E" to the Agreement whi ch has been authori zed and
approved by By-law No. 8G -2..(. of the Corporation of the Town of Newcastle,
enacted and passed the 21 day of F~ 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)
To be provided where applicable
Parts 1 and 2 on Plan 10R-
Parts 1, 2 and 3 on Plan 10R-
storm drainage easement
storm drainage easement
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
o.
L.R.: 11.03.86
}
}
}
}
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}
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}
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THE TOWN OF NEWCASTLE
A
~
CLERK
P LIMITED
Wynston,
CANADA, by its
~ Co REED
. ..
.
dB
.
. ,
~ THIS SCHEDULE IS SCHEDULE "FII to the Agreement which has been authorized and
approved by By-law No. fj:6-~f of the Corporation of the Town of Newcastle,
enacted and passed the Z'f day of /=-€:C3~~f 1986.
LANDS AND/OR CASH TO BE DEDICATED
(l) DEOICATION OF LANDS
The Owner shall deliver to the Town in a form satisfactory to the Town,
deeds to the following land:
Blocks 23, 24, 25 and 28, Plan 10M-H for road widening purposes; and
Blocks 26, 27 and 29, Plan 10M-H for reserves, all as shown on the
attached proposed Plan of Subdivision; and
Block 30 for park dedication.
(2) CASH IN LIEU OF LANDS
Block 30 for park purposes.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seal 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
SIGNED, SEALED AND DELIVERED )
)
}
)
}
)
}
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Wynston,
THE ROYAL BANK OF CANADA, by its
Attorneys
L.R. : 05.02.86
\ ~ ~ BE.E.Q
\,
PLAN MATERIAL
PlASTIC MATERIAL. MYLAR
GAUGE - 0.003 INOt
PROCESS - PHOTOGRAPHIC
IHI( - SPEClAL"T"
()
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A= 56.76, ~., ,'> ,'I,{>O
C = 56 52 18 "..v: ~. ,.,~.,1
~59'E, c,~ (>6
-"-"-"SI8~R=183,O) -t>'
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\>0(.< '0"<;
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830
- 34' 40" en
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--- - 244,93'
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~ AREA=I5,224 sq ft
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10 ~ AREA=18,m4 sqff ~
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18 SIB
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PART 4 ~
AREA =24, 467~~
z
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301. 96 '
I 0,26
230,00'
318.01
PART 3
AREA = 6304 sq ft
SE ANGLE
IB PLAN 10M-
WIT
L-
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\
I REQUIRE THIS PLAN TO BE 0Efl0S11Eo
tHJER THE LAND nTLES ACT.
PLAN lOR
RECEIVED AND DEPOSITED
DATE
DlTE
SIGNATURE
NAME
.'
PRINT
teuTYLAND REGISTRAR FeRniE LAND
rnus DIVISION ~HrWCASTLE('NtIO)
IN,
PLAN OF. SURVEY
OF PART CF LOTS 3,4,-5,6, 7 AND 8,
REGISTERED PLAN IOM-
TOM OF NEWCASTlE
REGIONAL MUNICIPAUTY OF IlJRHAM
SCALE: I INCH = 100 FEET
M. D. BROWN O.L.S 1986
1
I
i8
SURVEYOR'S
CERTIFICATE
I CERTIFY T1iAT:
I. 'lH1S SJRVEY AND PLAN ARE OORAEC'f AND IN ACCORDANCE WITH THE SURVEY'S ACT
ANDTI-E LAND TITLES ACT AND THE RmUUTIONS MAIE'lHEREUNDER.
2. llofE SURVEY WAS OOMPLETED ON THE DAY a: , 1986.
M. D. 8ROWN
ONTARIO LAND SlItVEYOR
BEARING
REFERENCE
THE BEARING OF THE EASTERLY UMITS OF LOTS 4 10
8 (INCLUSIVE), SHOWN AS N 17059'W (ASTRONOMIC)<JoI
PLAN 10M - , GOVERNS ALL BEARINGS SHOWN HEREON.
II
/
+ IENOTES MONUMENTATION PLANTED
+ DENOTES MONUMENTATION FClH)INUM8ERED '1106'
SI. rENOTES STANDARD IRON BAR, I" SQUARE,48"U)NG
I. DENOTES IRON BAR, !5,I8ISOUARE,24"lONG
WIT EENOT'ES WITNESS
(1I06IDENOTES M. D. BROWN O.L.S.
CAUTION: THIS PLAN IS NOT A PLAN OF
SUBOMSION WITHIN THE MEANING
OF THE PLANNING ACT.
MERRILL O. BRONN UMITE
lAND SURVEYING AND ENGINEERING
16 TEMPERANCE STREET,
80WMANVILLE, ONTARIO.
PHONE:416-623-1251 LIe-3M
DATE:
SCAlE :
I" = 100'
DRAWN flY:
8. E.W
FILE:
85234 - R2
'J 'T'
SE 4NGlE L
BLOCK 29
N 70012'fi:
18.25 PART I
AREA = 4819 sq ft
N 01' E
0
T
0 N ,720 01' E
N 01 E
PART. 2
AREA = 4027 sq ft
J -r-
<- I
PlAN MATERIAL
PlASJ1C MATERIAL - MYLAR
GAUGE - 0.003 INCH
PROCESS - PHOTOGRAPHIC
INK. SPEClAl"T"
1'-
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sw ANGlE
LOT 15
NW ANGLE '
LOT 16
'8
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, ,- LOT 16
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402.23
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I REOUIRElHfS PLAN 10 IE DEPOSITED
lJN)ER THE LAND TITLES ACT
PLAN lOR
RECEIVED AND DEPOSITED
DlTE
.#
DAlt
SIGNATURE
NAME
lEPUTY lAND REG'STRARRJRntE LAND
'n1\ES DIVISf0f4 ..ot NEWCASTLE (NV,O)
IN
PRINT
I
- ~SIB
NE ANGLE
LOT IS
~~~
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:; ~ ~I
PLAN OF SURVEY
OF PART OF LOTS 15 AND 16,
REGISTERED PLAN JOM - '
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OFIlJRHAM
SCALE: , INCH = 50 FEET
M. D. BROWN O.L.S. 1986
\
\
l'J
%
<':
.J
- ~- ~
SF: ANGLE ~ . ~
LOT 15 ~22"~
IB WI 'jj" "0
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, LOT '5 J
88-:
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LOT 16 _ ~ SIB
IB
SURVEYOR'S
CERTIFICATE
, CERTIFY THAT:
I. THIS SJRVEY AND PlAN ARE OORfET AND IN ACCOROANCE WITH THE SURVEY's ACT
AND llE lAND TIlLES ACT AND THE REGlR..AT'ONS MADE THEREUNDER
2. THE SURVEY WAS COMPLETED ON THE DAY OF ' I 1986.
C':
L'J
M. D. &ROWN
ONTARIO LAND stIWEYOR
f-
f-
BEARING REFERENCE
THE BEARING OF THE SOUTH UMIT OF LOT I~. REG'D PLAN
10M - I SHOWN AS N 720O/'E (ASTRONOMIC) THEREON
~
GOVERNS ALL BEARINGS SiOWN HEREON.
C>
{t
I
I
+ DENOTES MONUMENTAllON FOUND. NUMBERED ' 1106'
SII ~S STANDARD IRON BAR.'" SOUARE.....l..ONG
/I DENOTES IRON BAR, 5/8"SOUARE.2....LONG '
WIT IENOTES WITNESS
CAUTION: THIS PLAN IS NOT A PLAN OF
SUBDMSION WITHIN THE MEANING
OF lliE PLANNING ACT.
MERRILL D. BRONN UMITE
LAM> SURVEYING AND ENGINEERING
16 TEMPERANCE STREET.
BOWMANVILLE, ONTARIO.
PHONE: 416-623 -1'251 LIe-3M
DlTE:
SCALE :
I" = ~O'
DRAWN g(:
B.E.W
FILE:
85234 - RI
t.
PI
.
THIS SCHEDULE IS SCHEDULE IIGII to the Agreement which has been authorized and
approved by By-law No. BG-Z' of the Corporation of the Town of Newcastle,
enacted and passed the "'2.. f day of ~;tE?;:?c.t7?;Z<Y 1986.
WORKS REQUIRED
1. STORM SEWER SYSTEM
The Owner shall construct, install, supervise and maintain a storm drainage
system, satisfactory to the Town, for the removal of upstream storm water and
storm water originating within the said lands, including culverts, open
channels, storm outfalls and any other appurtenances as may be required in
accordance with the Town of Newcastle's Design Criteria and Standard Drawings.
The Owner agrees to produce Engineering Drawings for the storm drainage system,
to the satisfaction of the Director of Public Works.
The Owner agrees to obtain any easements required external to the said lands, at
no expense to the Municipality for the disposal of storm water from the said
1 ands .
2. ROADWAYS
The Owner shall construct and install the following services on the various
streets, shown on the Plan as fo110ws:-
(a) pavement widths to be applied to the following streets:
Potter's Lane - 6.7 metres
(b) The grading and paving of all streets, including the installation of
Granular "A" and Granular 118" material to provide a proper base for paving,
shall be as per the Town of Newcastle Design Criteria & Standard Drawings.
(c) NOT APPLICABLE
(d) NOT APPLICABLE
(e) NOT APPLICABLE
(f) The Owner agrees to construct, install, energize and maintain Street
Lighting, in accordance with the Town's specifications, on all streets, to
the satisfaction of the Director of Public Works.
(g) The Owner agrees to the topsoiling and sodding of the boulevards between
the shoulder and the property line, as according to the Town of Newcast1e1s
Design Criteria and Standard Drawings to the satisfaction of the Director
of Public Works.
L.R.: 11.03.86
"
30
" Sch.equ1 e "GIl
- 2 - '
(h) The Owner agrees to supply, install and maintain traffic signs and
permanent street-name signs, in accordance with the Town1s Design Criteria
and Standard Drawings and to the satisfaction of the Director of Public
Works.
(i) 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, 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 NOT APPLICABLE
The Owner agrees to construct, install and maintain completed pedestrian
walkways, including all appurtenant fencing and lighting, in accordance with
Engineering Drawings to be approved by the Director of Public Works, and shall
be:
(i) paved or concrete from edge to edge;
(ii) properly drained;
(iii) fenced and screened;'
(iv) extended to the curb of any intersecting streets and provide appropriate
curb cuts at these locations.
4. TEMPORARY TURNING CIRCLES
The Owner shall provide and grant to the Town any turning circ1e(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
Town1s Design Criteria and Standards Drawings, approved by the Director of
Public Works. Such temporary turning circle shall be shown on the final plans
as a block and shall be held by the Town until the extension of Street at which
time the block shall be conveyed without charge to the owners of the abutting
lots.
5. CONSERVATION WORKS
In addition to the work required by the Schedule "Q", 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 Lot
Grading Plan, to the satisfaction of the Director of Public Works and in the
case of parks, to the satisfaction of the Director of Community Services.
7. FENCING
The Owner agrees to supply, erect and maintain farm type fencing in accordance
with Engineering Drawings to be approved by the Director of Public Works:-
Standard N-601
The following locations for fencing are required along the boundaries of:
(i) reverse frontage of lots;
(ii) walkways;
(iii) park or open space blocks.
Lot 1 - 11 inclusive
NOT APPLICABLE
East limit of Block 30
L. R. : 05. D2. 86
~(
Schedule "G"
- 3 -
8. EXTERNAL WORKS
The Owner agrees to pay a contribution towards the future reconstruction of Old
Scugog Road on a fixed cost basis. This contribution shall be equal to 25% of
the estimated cost of the future reconstruction of Old Scugog Road at current
construction rates for the following items:
i) rough grading and excavation
ii} installation of Granular IIAII and "6" material
iii} installation of asphalt
iv) sodding of boulevards
v) street lighting
This contribution is set out in Schedule IIJ" of said agreement.
Total ..........$8,010.18 (25% cost) (to be paid upon execution of
said 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
~)
} THE CORPORATIO OF THE TOWN OF NEWCASTLE
)
}
)
)
)
)
)
) HURON T
)
)
) L :
)
l~
) as Trustees
)
)) THE ROYAL BANK OF CANADA, by its
Attorney
}
)
L.R.: 05.02.86
/"
, {f. C. REED
.
~.." of .... ..
3:;'-
.' ~ THIS' SCHEDULE IS SCHEDULE "HII to the Agreement which has been authorized and
approved by By-law No. 8G-:?10f the Corporation of the Town of Newcastle.
enacted and passed the 2cf day of ;=-~r 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 arra'nge wi th the appropri ate authori ty having juri sdiction for
for the design, provision and installation of a complete street lighting system
to serve the said Lands on behalf of the Town in whose ownership the system
shall vest upon acceptance of the works including all appurtenant apparatus and
equipment, in the locations as approved by the Director. The Owner shall
furnish written evidence satisfactory to the Director that such arrangements
have been made prior to the issuance of any Authorization to Commence Works.
3. TELEPHONE SYSTEM
The Owner shall arrange with Community Telephone Limited and/or Bell Canada for
the design,provision and installation of a telephone system to serve the said
Lands, as approved by the Director. All telephone services are to be installed
underground.
4. GAS SUPPLY SYSTEM NOT APPLICABLE
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 manno1es, laterals, service
connections, apparatus and equipment in the locations as approved by the
Di rector.
5. CABLE TELEVISION NOT APPLICABLE
The Owner shall arrange with the Cable Television Company having authority to
provide its services within the area of the Plan of Subdivision for the design,
provision and installation of a complete cable television distribution system to
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 provision and installation of a
mail distribution system to service the said lands, in the location as approved
by the Di rector.
L . R. : 05 . 02 . 86
33
, .
. Page 2 of SCHEDULE "H"
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
8.
) THE CORPORATION OF T E TOWN OF NEWCASTLE
)
}
)
)
)
)
)
)
}
)
)
Wynston,
THE ROYAL BANK OF CANADA, by its
Attorn~
L. R. : 05. 02 . 86
J.. C. REEl)
; .. .~ ./
3'1
TH,is SCHEDULE IS SCHEDULE II I II to the Ag'reement which has been authorized and
~. approved by By-law No. t>"~ of the Corporation of the Town of Newcastle,
enacted and passed the '2..- y day of r~~1986.
. DUTIES OF OWNER'S ENGINEERS
1. DESIGN WORKS AND PRIVATE WORKS
The Owner1s Engineers shall prepare the following for the approval of the
Director:
(a) the Engineeering Drawings;
(b) the Grading and Drainage Plan;
(c) the Landscaping Plan;
(d) the Schedule of Work;
(e) the Staging Plan;
(f) the Works Cost Estimate; and
(g) the Stage Cost Estimate.
The approval of the Director shall not absolve the Owner or the Owner's Engineer
of the responsibility for any errors or omissions in the above drawings, Plans
or documents.
2. REPRESENT OWNER AND OBTAIN APPROVALS
The Owner's Engineer shall act as the Owner's representative in all matters
pertaining to the construction and installation of the Works and 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 f 0 11 ow i n g :
(a) provide field layout including the provision of line and grade to the
contractors and, where required, restaking; and
(b) inspect the construction and installation to-ensure that all work is being
performed in accordance with the contract doucments; and
(c) arrange for or carry out all necessary field testing of materials and
equipment installed or proposed to be installed at the request of the
Director; and
(d) provide co-ordination and scheduling of the construction and installation
in accordance with the timing provision contained herein and the
requirements of the Director; and
(e) investigate and report to the Director any unusual circumstances which may
arise during the construction and installation; and
(f) obtain field information, during and upon completion of the construction
and installation, required to modify the Engineering Drawings to produce
the As-constructed drawings.
4. MAINTAIN RECORDS
The Owner's Engineer shall maintain all records pertaining to the construction
and installation.
5. PROVIDE PROGRESS REPORTS
The Owner's Engineer shall provide the Director with reports on the progress of
the construction and installation on a monthly basis, or at such other interval
as approved by the Director.
L. R. : 05.02.86
. ,
/'
35
Page 2 of SCHEDULE "1"
6. PREPARE AS CONSTRUCTED DRAWINGS
The Owner's Engineer shall prepare the As-constructed Drawings for the approval
of the Director.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
o.
L. R. : 05 . 02 . 86
} THE CORPORATION OF THE TOWN OF NEWCASTLE
)
)
}
)
}
)
)
)
)
)
)
)
)
)
) Wynston,
) as
)
) THE ROYAL BANK OF CANADA, by its
) Attorneys
)
)
J. J;. REEg
THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been authorized and
approved by By-law No. 2 of the Corporation of the Town of Newcastle,
enacted and passed this 2 day of �_ ,�� 1986.
ESTIMATED COST OF WORKS
PHASE I
STAGE I CONSTRUCTION
ITEM DESCRIPTION UNIT QUANTITY UNIT
PRICE TOTAL
1. Clearing Site sum 1.00 $ 700.00 $ 700.00
2. Rough Grading & Excavation yd.3 6070.00 2.25 13 657.00
3. Granular 'B' yd.3 1650.00 7.48 12,342.00
4. Granular 'A' yd.3 720.00 10.94 7,876.80
5. Base Course Asphalt yd.3 115.00 91.89 10,567.80
6a) 36 in. dia. CSP Culvert ft. 55.00 35.96 1,977.80
6b) 24 in. dia. CSP Culvert ft. 70.00 26.18 1,832.60
7. Topsoil and Sod Road Ditches yd.2 3600.00 2.90 10,440.00
8. Rip-Rap Road Ditches yd.3 25.00 36.50 912.50
9. Outfall Ditch (a) Excavation yd.3 510.00 2.25 1,147.50
(b) Topsoil & Sod yd.2 1370.00 3.25 4,452.50
(c) Rip-Rap yd.3 81.00 36.50 2,956.50
10. Street Lights each 6.00 1,200.00 7,200.00
11. Traffic Signs each 1.00 500.00 500.00
12. Farm Type Fencing ft. 1862.00 3.00 5,586.00
PHASE I TOTAL STAGE I $82,149.05
STAGE II ROADS
ITEM DESCRIPTION UNIT QUANTITY PRICE TOTAL
1. Final Course Asphalt yd.3 112.00 $ 95.00 $10,640.00
2. Trees each 11.00 $ 75.00 $ 825.00
TOTAL STAGE II $11,465.00
SUBTOTAL PHASE I $93,614.05
Engineering & Contingencies 15% $14,042.11
TOTAL PHASK- I $107,656.16
PHASE II
STAGE I CONSTRUCTION
ITEM DESCRIPTION UNIT QUANTITY PRICE TOTAL
1. Clearing Site sum 1.00 $ 700.00 $ 700.00
2. Rough Grading & Excavation yd.3 3540.00 2.25 7,965.00
3. Granular 'B' yd.3 1680.00 7.48 12,566.40
4. Granular 'A' yd.3 700.00 10.94 7,658.00
5. Base Course Asphalt yd.3 107.00 91.89 9,832.23
6. Topsoil and Sod Road Ditches yd.2 3500.00 2.90 10,150.00
7. Street Lights each 5.00 1,200.00 6,000.00
8. Traffic Lights each 1.00 500.00 500.00
9. Farm Type Fencing ft. 842.00 3.50 2,947.00
TOTAL STAGE I $58,318.63
PHASE II
STAGE II ROADS
ITEM DESCRIPTION UNIT QUANTITY PRICE TOTAL
1. Final Course Asphalt yd.3 112.00 $ 95.00 $10,640.00
2. Trees each 11.00 $ 75.00 $ 825.00
TOTAL STAGE II $11,465.00
SUBTOTAL PHASE II $69,783.63
Engineering & Contingencies 15% 10,467.54
TOTAL $80,251.17
..
3(p
Page 2 of SCHEDULE "J"
CASH CONSTRIBUTION FOR OLD SCUGOG ROAD (466')
UNIT
ITEM DESCRIPTION UNIT QUANTITY P RI CE
1- Rough Grading & Excavation cu.yd. 1500.00 $ 2.50
2. Granular 'B' cu .yd. 725.00 7.50
3. Granular 'A' cu.yd. 310 . 00 11 .00
4. Asphalt Base & Final Course cu .yd. 98.00 93.00
5. Topsoil & Sod Road Ditches sq.yd. 1550.00 3.00
6. Street Lights each 3.00 500.00
TOTAL
Engineering & Contingencies 15%
SUBTOTAL
$ 3,750.00
5,437.50
3.410.00
9,114.00
4,650.00
1,500.00
$27,861.50
$ 4,179.23
TOTAL $32,040.73
DEVELOPER1S CONTRIBUTION AT 25% - to be paid upon $ 8,010.18
execution of said agreement
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, Engineering and
Contingencies shall be prepared by the Owner1s 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 officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED }
)
)
}
)
)
)
)
)
}
}
)
p, I
)
)
)
)
)
)
MA~.
L K
Wynston,
THE ROYAL BANK OF CANADA, by its
Attorneys
L. R. : 05. 02 . 86
t ~ C. RE.ED
.... ..
" .
3B
.-
TUIS SCHEDULE IS SCHEDULE IIKII to
approved by By-law No. Bc;-2~
enac ted and passed th is ;Z f
INSURANCE POLICIES REQUIRED
, 1. TYPES OF COVERAGE REQUIRED
the Agreement which has been authorized and
of the Corporation of the Town of Newcastle,
day of F~C3~q7 1986.
. 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 Treasurer 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 1nJury 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
struc tu re; or
(b) any pile driving or caisson work; or
L. R. : 05.02.86
3i
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Page 2 of Schedule "K"
(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
~.
) THE CORPORATION OF THE TOWN OF NEWCASTLE
)
)
}
)
)
)
)
)
}
)
)
)
:~
) as Trustees
)
) THE ROYAL BANK OF CANADA, by its
) Attorneys
)
)
Wynston,
L.R.: 05.02.86
J. C. REE~'
.
.
tfo
HilS SCHEDULE IS SCHEDULE IILII to the Agreement which has been authorized and
. approved by By-law No. l5/O-2r;; of the Corporation of the Town of Newcastle,
enacted and passed this 2. cr day of ~~fH~r 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. r4AINTENANCE 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 . : 05 . 02 .86
if(
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Page 2 of Schedule "L"
.
8. WEED AND RAT CONTROL
After the commencement of construction the Owner shall institute upon the Lands
a program of weed and rat control to the satisfaction of the Director.
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
0,
)
)
}
}
)
}
)
)
)
)
)
) : p~
~
) Paul Roth
) as Trustees
)
) THE ROYAL BANK OF CANADA, by its
) Attorneys
)
)
)
L. R. : 05 . 02 . 86
" J. ~ REEQ
~:L
T~.IS SCHEDULE IS SCHEDULE "W' to the Agreement which has been authorized and
approved by By-law No. €G-z/:. of the Corporation of the Town of Newcastle,
enacted and passed this 2 r day of F€~,i!v~;ier 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
Lots 1 - 22 Inclusive
22 single family detached
dwellings in accordance
with By-law 84-63, as
amended from time to time.
Block 35
To be sol d to adj acent
property owner to the west.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seal 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
o.
Wynston,
THE ROYAL BANK OF CANADA, by its
Attorneys
,
J. C. REEQ
L. R. : 05 . 02 . 86
Lf3
~
tHIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been authorized and
approved by By-l aw No - ~b-2 ~ of the Corporation of the Town of Newcastle,
enacted and passed this Zf day of FE~4'~f' 1986.
LANDS UNSUITABLE FOR BUILDING
The Owner agrees that no application will be made for a Building Permit for the
erection of any structure on any of the said lands listed in the following
table, until the conditions listed in the following table have been satisfied to
the approval of the Directors of Planning and Public Works and/or any other
Authorities having jurisdiction.
LOT OR BLOCK NUMBER
CONDITIONS TO BE SATISFIED
Lots 3,4,15, and 16
Lots 4,5,6,7,8, and 9
Easements are to be registered and
conveyed to the Town of Newcastle.
In accordance with By-law 84-63 as
amended.
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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}
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tJ. l
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}
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}
}
L. R. : 05 . 02 . 86
Wynston,
CANADA, by its
J.. Co R~~
r
j
lff
THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and
approved by By-law NO.~6-z~ of the Corporation of the Town of Newcastle,
enacted and passed thi s Z f. day of ~CJti?4'IIJL?e- r 1986.
LANDS REQUIRING SITE PLAN APPROVAL
The Owner agrees that no application will be made for a Building Permit for the
erection of any structure on any of the lands listed in the following table
until a site plan agreement has been entered into with the Town and the building
permit complies in all respects with the terms of the site plan agreement.
LOT OR BLOCK NUMBER
1) No building permit shall be issued for any building or structure on any lot
comprising the said lands unless such building or structure complies in all
respects with detailed site plans which have been approved by the Directors
of Works and Planning of the Town, which plans indicate existing and
proposed grades, site drainage, vegetation to be preserved (if required)
and the location of all buildings and structures.
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
CjJ.
L. R. : 05.02.86
) THE CORPORATI N OF THE TOWN OF NEWCASTLE
)
}
}
)
)
)
)
}
)
)
)
}
)
)
)
)
)
) THE ROYAL BANK OF CANADA, by its
) Attorneys
)
}
-_...~_.--,.
Wynston,
.L. ~ B~~
,/
tfS
'nus SCHEDULE IS SCHEDULE "P" to the Agreement which has been authorized and
approved by By-l aw No. 8G-~ of the Corporation of the Town of Newcastle,
enacted and passed this 2 ~ day of ~~~~~~~ 1986.
OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED
AND/OR EXTERNAL SERVICES
1. EXTERNAL ROAD SYSTEMS: NOT APPLICABLE
The above figures are preliminary costs based on data received from the Owner1s
. Engineer. These estimated costs will be required to be updated and revised when
the final Engineering Drawings have been approved by the Director of Public
Works. Therefore any financial commitments by the Owner, in payment 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 also approved by
the Director of Public Works.
There shall be no reimbursement by the Town to the Owner for improvements to the
ex terna 1 roads.
2. STORM DRAINAGE: NOT APPLICABLE
In accordance with Paragraph 5.27 of the Agreement and Schedule "G" (1) of the
Subdivision Agreement, hereto attached, the Town agrees to make every effort to
reimburse the Owner 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
Owner1s 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 .
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)
)
}
)
)
}
)
)
)
)
)
)
G.
Wynston,
THE ROYAL BANK OF CANADA, by its
Attorneys
L.R.: 05.02.86
J. ~,R.;~
f~
tAIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been authorized and
approved by By-l aw No. ~6-z" of the Corporation of the Town of Newcastle,
enacted and passed this ""Z f' day of ~V~r 1986.
CONSERVATION AUTHORITY'S WORKS
NOT APPLICABLE
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authori zed in that beha1 f.
SIGNED, SEALED AND DELIVERED
fJ.
Wynston,
THE ROYAL BANK OF CANADA, by its
Attorneys
J. J.;. REEg
L.R.: 05.02.86
to ,. ....-.,~ 'I!JJ! "'"
tfr
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authorized and
a'pproved by By-law No. ,9~ -;('~ of the Corporation of the Town of
, Newcastle, enacted and passed this zf day of ~~f>>Il-~(
ENGINEERING AND INSPECTION fEES fOR DEVELOPMENT
1986
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
$3,000,000.00 to $4,000,000.00
4~ to a MAXIMUM Of $4,000.00
$4,000.00 or 3.5~ of the estimated
cost of services - whichever is
grea ter
$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 servlces -
whichever is greater
$67,500.00 or 2~ of the estimated
cost of services - whichever is
greater
For the purposes of tMs Schedule cost estimates as specified in Schedule IIJII
for Hydro Distribution System shall not be included for the purposes of
calculating engineering and inspection fees as contemplated by this Schedule
The cost of Engineering Inspection for Phase
The cost of En910p,.rj"9 Inspection f~r Ph~5e
The cost of Englneer1ng Inspection for both
Phases should the entire project proceed
I is $3,744.56(being 4~ of $ 93.614.00)
~I iS$2,791.35(bein~ 4~ ,of:li 69,78:1.63)
$5,718.92 $163,397.68
The aforesaid amounts to be paid prior to issuance of the authorlrzation 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 )
)
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f).
L. R. : 05 . 02 . 86
THE TOWN OF NEWCASTLE
.ynston,
THE ROYAL BANK OF CANADA, by its
Attorneys
~~~~"
ifB
..
J~IS SCHEDULE IS SCHEDULE "S" to the Agreement which has been authorized and
approved by By-law No. of the Corporation of the Town of Newcastle,
enacted and passed this day of 1986.
MINISTER'S CONDITIONS OF DRAFT PLAN APPROVAL
ATTACHED HERETO AS APPENDIX "A"
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 thei r corporate seal s by the hands of their proper offi cers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
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} THE ROYAL BANK OF CANADA, by its
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At'rtNU11. "An IU :>l,;Ht.lJULt~5"
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. Ministry Plan.
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of Adrt.ltllslra\lon
. Housing Division
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Ontario
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965-6418
RECEIVED
July 17, 1979
JUL 19 1979
A. R. Jeffery Construction Ltd.
1050 Simcoe Street North
OShawa, Ontario
LIG 4W5
TOWN OF NEWCASTlE
Subject: Town of Newcastle
Pt. of Lot 18, Concession VII
Our File No. 18T-24002
Dear Sirs:
Pursuant to Section 33(12) of The Planning Act, the
conditions of draft approval dated January 25, 1974,
amended May 10, 1974 are deleted in their entirety
today and replaced by the fOllowing conditions:
.
1.
That this approval applies to the revised
draft plan dated January 12, 1979 by
Merrill D. Brown Limited which shows a total
of 44 lots and 5 blocks.
2. That the road allowances included in this
draft plan shall be dedicated as public
hi ghways.
3. That the 4.572 m x 12.192 rn (15' x 40')
daylight triangles at the i~ersection of
Highland Drive and Regional Road No. 3 be
dedicated to the Regional Municipality of
Durham.
4 .
That the streets shall be named to the satis-
faction of municipality and the Region.
.
,5. That 0.3 m reserves where the plan abuts
Regional Road No. 3 be dedicated to the
Regional Municipality of Durham.
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.
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A. R. Jeffery Construction ~td.
2.
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7. That prior to the signing of the final plan by
the Minister we are to be advised that the
proposed subdivision conforms with the restricted
area by-law approved by the Ontario Municipal
Board under section 35 of The Planning Act. The
zoning by-law shall include provisions requiring
that all structures on lots 27, 28 and 29 be set
back 10 feet from the top of the bank of the
stream at the southwest corner of the propert~'.
8. That the owner shall agree 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.
9. That such easements as may be required for utility
or drainage purposes shall be granted to the
appropriate authority.
10. That the subdivision agreement between the owner
and the municipality contain a provision that
lots will be made suitable for septic tank systems
to the standards of the Durham Regional Health
Un it.
.
11. That the subdivision agreement between the owner
and the municipality shall provide for the instal-
lation of a piped water supply system subject to
the approval of the Ministry of the Environment
and, furthe rmor.e, shall provide for the Regional
Municipality of Durham to assume ownership and
operation of the system. The proposed communal
water supply system shall be designed in accordance
with the region's pOlicy on "Design Standards for
Small Water Systems Utilizins a Ground Water
Source. II
.
12. 'I'hat prior to final approval the owner demonstrate
to the satisfaction of the Ministry of the
Environment that there is an adequate supply of
potable water to ser~ce this development. A
hydrogeologist's report shall be prepared and
forwarded to the Minist~y of the Environment
13. That the subdivision agreement between the owner
and the region require that sufficient land be
dedicated to the region for the proposed well
site, pumphouse and any required storage
facilities.
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A. R. Jeffery Construction Ltd.
3.
14. That the owner agrees in writing to satisfy all
the requirements, financial and otherwise, of
L~e Town of Newcastle concerning the provision
of roads, installation of services and drainage.
15. That the development of the plan be phased to
L~e satisfaction of the municipality and the
region.
16. That before the Ministerl s final approval is
given we are to be advised in writing by the
Regional Municipality of Durham how conditions
2, 3, 4, 5, 8, 9, and 15 have been
s, a tis fie d .
17. That before the Minister's final approval is
given, we are to be advised in writing by the
Town of Newcastle how conditions 2, 4, 6, 7,
10, 14 an~ 15 have been satisfied.
.
18. That before the Minister's final approval is
given we are to be advised in writing by the
Durham Regional Health Unit how condition 10
has been met.
19. That before the Minister's final approval is
given, we are to be advised in writing by the
Ministry of the Environment how condition
12 has been met.
Notes
1. ....'e s ugge s t you make you rse II awa re of:
la) section 160a(1} of The Land Titles Act,
which requires all new plans be registered
in a land titles system;
.
(~) section 160(2) - allows certain exceptions.
.,
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It is suggested that the municipality register
~he subdivision agreement as provided by
section 33(6) of The Planning Act against the
land to which it applies, as notice to pros-
pective 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
r-linistry of the Environment under Section 41
and Section 4l of The Ontario Water Resources
Act.
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A. R. Jeffery Construction Ltd.
4.
4. 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(l2a) 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. This plan lapses on January 25, 1980.
If you have any questions, please call the area planner,
Mr. Chris Stoyanovich or myself at 965-6418.
Yours truly,
.
S. M. Taylor
Senior Planner
Subdivisions Branch
c.c. OLS
,.... C 1 e r k ( New cas t 1 e)
Durham Planning Dept.
MOE - Central
He a 1 th Un i t
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. Ontario
Ministry of .'
Municipal Affairs
and Housing
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717 hy Streel
1',,, Floor
Toronto. Ontltlo
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January 24, 1984
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JAN 30 1984
Parkhill and Yanch
Barristers and Solicitors
69 King Street East
P.O. Box 154
Oshawa, Ontario
LIH 7Ll
TOWN OF NEWCASnE
PLANNING DEPARTMENT
Subject:
Former Township of Darlington
Pa=t Lot 18, Conc~ssion 7
Oaklands Development
File No. 18T-24002
Dear Mr. Yanch:
Your request for extension to the draft approval of
this plan of subdivision has been reviewed by this
office.
Under Section 36(13) of the Planning Act, the
minister's draft approval is therefore extended
for one year to lapse January 25, 1985.
If a further extension is required it is your
responsibility to advise us well in advance of
this new lapsing date. As you know, once draft
approval has lapsed, it cannot be extended.
Also, pursuant to Section 33(12) of the Planning Act,
the revised conditions of draft approval dated
July 17, 1979 are modified as follows;
1. Condition 11 is hereby deleted in its entirety.
2. Condition 12 is modified by deleting "and the
Regional Municipality Durham" from the last
sentence.
3. Condition 13 is deleted in its entirety.
4. Condition 16 is modified by deleting the
reference to conditions 11, 12 and 13.
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5. Condition 17 is modified by deleting the
reference to condition 11 in the last line.
6. Condition 19 is modified by deleting the
reference to condition 11.
urs truly,
~U
, f. P. Newton
~~nior Planner
/ Plans Administration Branch
L// Central and Southwest
cc: Town.../
Region Pl. Dept.
M.O.E.
Owners
~<~
. Ontanc
.
Ministry of
Municipal Affairs
and Housing
777 S,y St.e.t
14th Floo.
To.tlnto, Onterio
MSG 2ES
56
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October 25, 1984
~,&cct~~\E,llJ)
oel 29 198~
TOWt~ Of tHwt;.~~:E
PLANNING OEPAR,,\,AT
Mr. R. Jeffrey
Jeffrey Construction
1050 Simcoe Street North
Oshawa, Ontario
L1G 4\-15
Subject:
Oakland Development Subdivision
Town of Newcastle
F i 1 e No. 18 T- 24002
Dear Mr. Jeffrey:
Further to your request and pursuant to section 36(12)
of the Planning Act the conditions of draft approval
of the above subdivision as revised on July 17, 1979
are further revised as follows:
1. Condition 1 is deleted and replaced with the
following:
1. That this approval applies to the draft
plan by Merrill D. Brown Limited, OLS,
drawing No. 84003-DP, dated May 28, 1984
as revised in red showing a total of 22
single family dwelling lots.
Condition 3 is deleted and replaced by the
following:
"3. (a) That the 9.1 m x 13.7 m daylight
triangles at the intersection of
Highland Drive and Regional Road No. 3
be dedicated to the Region of Durham.
(b) That the 9.1 m x 4.6 m daylight
triangles at the intersection of Highland
Drive and Old Scugog Road be dedicated
to the Town."
- A New Condition 11 is added as follows:
"11. That a 5 m. road widening strip along
lots 12, 13, 14 and 15 as shown on the
draft plan be dedicated to the Town of
Newcastle."
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- Condition 17 is amended by adding thereto
reference to conditions 3(b) and 11.
Yours truly,
~ ...
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( :~~~ior Planner
! :' Plans Administration Branch
L/
cc: Town of Newcastle
Region of Durham
M.O.E.
School Board
Separate School Board
Health Unit
CLOCA
, .
~ Province
of
"",,.,. Ontario
s
Schedule
Fonn 5 - Lend Registration Reform Act, 1984
67
AddItlonaI Property ldentlfler(a) endIor Other InfOl'l'n8tlon
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Page
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It~
Ow
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ADDITIONAL INFORMATION
The Attorneys executing on behalf of The Royal Bank of Canada, by their solicitors
Messrs. Markowitz, Stone & Yack, state that to the best of their knowledge and
belief the Power of Attorney under which they are executing the attached document
is still in full force and effect.
Power of Attorney registered on August 19th, 1985 as Instrument No. 2547.
DATED this 6th DAY of May, 1986.
P. C. Le Masurier
J. L. Reed, by their solicitors
MARKOWITZ, STONE & YACK
PER:
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Newsome and Gilbert. Limited
Form LF1335 (l/85)
April. 1985
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1986
DATED:
BET WEE N:
:
THE CORPORATION OF THE TOWN OF NEWCASTLE
- and -
HURON TRAIL DEVELOPMENT GROUP LIMITED
SUBDIVISION AGREEMENT
The Corporation of the Town of Newcastle
Planning Department
Municipal Offices
HAMPTON, Ontario, LOB 1JO
File: 18T-24002
L . R. : 05. 02 .86
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