HomeMy WebLinkAbout86-47
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 86- 47
being a By-law to authorize the entering into of an Agreement with
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Penwest Development Corporation 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 I s seal, an Agreement between Penwest Development
Corporation Limited and the said Corporation dated the
day of
, 1986, in the form attached hereto as Schedu1 e "X II .
2. THAT Schedule "X" attached hereto fonns part of this
by-law.
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BY-LAW read a first time this 14th
day of
Apri 1
April
1986
1986
BY-LAW read a second time this 14th day of
BY-lAW read a thi rd time and fi na11y passed this 14th
April 1986
day of
OR
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Document General
Fonn 4 - lAnd RegfatnItlon R.tonn Act, 1984
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DYE a DURHAM co, lIMITED
Fonn No, _
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(1) Registry ~
(3) Property
Identifier( .)
Lend Titles 0 T (2) Page 1 of lfJ-.pages iC,JJ ·
Block Property
Additional:
~hedule 0
HUMBtiL__,_..~_,12~-_ (4) Nature of Document
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NE:WCASTLE
No. 10
l30WMANVlLLi
tvA"" 1If"~I~
I.Ai~O REGISTRAR-'.
Dollars $
New Property Identifiers
(6) Description
Part of original Township Lot 9, in the First
Concession of the Township of Darl ington now
forming part of the Town of Bowmanvi lie, as
more particularly described in Schedule "A"
attached hereto. Town of Bowmanvi lie,
Regional Municipality of Durham.
Additional:
See 0
Schedule
Execution.
Additional:
See
Schedule
o
(7) This
Document
Contains:
(a) Redescription
New Easement
PlanlSketch
(b) Schedule for:
o
Additional
Description 0 Parties ~ Other 0
(8) ThIs Document provides a. follows:
Agreement between The Corporation of the Town of Newcast Ie and Penwest Development
Corporation is attached as Schedule "B".
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( (9) This Document re"". to Instrument number(.)
(10) Party(les) (Set out Status or Interest)
Name(s)
Continued on Schedule rfi..
f
Date of Signature
Y M 0
PENWEST DEVELOPMENT CORPORATION LIMITED PERR4Q' Rrtm& Y HUK I I 1
. .. . . .. . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. ........... ........,. ...... .... .. .. . . .. I. . . . . t . . .:. .. .
, . . H'?,r.ty, .t~. .t!i.e, .~Sr:-~~f!1~~~ L . . , . . . . , .. . . . . .. .. .~... ........., ... ...... _1.1 ~~?, ! ,q~i,~
by its sol ici tors Perry, Farley & Per: Ph i 1/ ip P. Macdona Id l 1 i
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Signature(s)
(11) Address
for Service
c/o Phillip P. Macdonald,
Toronto-Dominion Centre,
(12) Party(les) (Set out Status or Interest)
Name(s)
Perry, Farley & Onyschuk, P.O, Box 451
Toronto, Ontario M5K 1M5
Signature(s)
Date of Signature
Y M 0
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THE CORPORATION OF THE TOWN OF NEWCASTLE ! I 1
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(13) Address 40 Temperance Street, Bowmanvllle, Ontar'lO LIL jAb
'or Servk:e
not assigned
(15) Document Prepared by:
Phillip P. Macdonald
Perry, Farley & Onyschuk
P.O. Box 451
Toronto-Dom i n i on Centre
Toronto, Ontario
M5K lM5
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(14) Municipal Add..... of Property
10174 (12184)
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Schedule
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Form 5 - Land Reglltrdon Reform Act, 1114
s
pege 2
AddItIoNI Propef1y ldentlfter(a) endIor Other IntonMtlon
SCHEDULE OF ADDITIONAL PART I ES
Additional Party
KOFMAN, Jules, As Trustee
Address for Service
390 Bay Street, Suite 2812, Toronto, Ontario M5H 2Y2
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ALL ABD SDlGULAR that c.rta.1D parc.l or tract of laDd aDd pr.mia..
a1.tuat., 1YiDs aDd be.iDB :1n the Tovn of BoVZDaDV.i11.,....iJ1 the COUDty
of Durham aDd be1DB cOlDpos.d of a part of or1.B;i.DaJ. ToVDllh:.l.p Lot 9,
.1D the .P1rat COl1c..s:l.OI1 of the To1fD8h1p of Dar11JJBtol1, DOW torm:1DB
part .01' the aaid Tovn, aDd more particularly Jmovn aDd d.acr:1bed
a. follows: .
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PIUtlaSDlG that the Basterly l:l.m:1t of said Lot 9 has a beariDB of
Borth 16 degrees Vest aDd relat1Dg &11 bear.iDBs here.1D thereto;
COMNENCDG at a po:1nt OIl the Eastern bouDd~ of aaid Lot 9, wh:.I.ch
po:1Dt :18 distant Two .HuI1clred aDd Ten f..t (no') measured Southerl
from the North-East 8D81e of sdd Lot 9;
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THENCE Southo~6 deeree. Bast a10ng the Eastern boundary of s~d
Lot 9 a distance of Pour Hundred and Bighty-Four feet (484') more
or leas to a po:1nt;
THENCE South 74 degrees West, parallel to the Northern boundary
of said Lot 9, a ct:1.tance of Six Hundred and Twenty-Seven feet,
ight aDd 1bree tenths inche. (627' B.,-) to a po:1nt;
t,
TBJtNCE North 16 degrees Vest a distance of ax Hundred and .Ninety-
feet (694') to a point on the Northern boundary of scUd
Lot 9, wh:tch point l.s distant S:t.x Hundred and Twenty-Seven feet,
ight and 1bree tenths inches (627' B.:3-) .meaeured South 74 degree
West from the North-East angle of saUd Lot 9;
OE No~th 74 degrees East aJ.ong the Northern boundary of sud
t 9, a distance of Two Hundred and Seventeen feet, Eight and
brae tenths inches (217' B.J-) to,a point;
E South 16 deerees Bast a distance of Two Hundred and ~n
(210') to ,a point;
E North 74 degrees Bast paraJ.~e~ 'to 'the Northern boundary
f said Lot 9, a d:l.s'tanee of If.inety feet (90') to a point;
E North 16 degrees Vest a distance of Two BuDdred and Ten
(210') to the Norther;o boundary of add Lot 9;
CE North 74 degrees East aJ.ODB the Northern boundary of aaid
t 9, a distance of One Btmdred and Twenty feet (120') 'to a po1.nt;
NCB South 16 degrees Bast a distance of Two Hundred and Ten
eet (210') to a poiD't;
CE North 74 degrees East paral1e1 to 'the Nor'thern boundary of
dd Lot 9, a distance of Two HUY')dred feet (200') to the POINT
F COHMENC.EHE.NT.
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St1BJECT 1'0 an Easement :1n ~avaur of the Grantee :1n Instrument
NO; 4ots90, his he:1rs, iuccessor. and &8s:t.pa, for a per:t.od of
~o years, to use and ezajoy the .eptic tADk and .eepi.Dg tU.es
aituate on the hereinafter de.cribed lands with the r:lBht to
enter the aaid .lands and repair the add tADk and t1.1e.;
.BOT SUBJECT TO ~TION after two years from 'the elate of the
sdd Instrument No. 46890 by the Grantors as .et out :1n 'the
add :InatZ"UZDent: No. 46890 or the1.r successors, he1.rs aDd assisns
Biv1n8 ODe month'. Dot:t.ce Ul vr.1tizaB .in 'the event that it .:I.s
Deee..ary to replace the sdd .ept:t.c tank or the .lands are re-
quired by the add Grantor., their successors, he1.rs or assigns
for aubd1~.1oD development purpose..
Tne ~and5 which are subject to the said riEht and easement are
.ore particular.ly d.scribed .. follows:
ALL AND SJ:NGt1LAR that certa.1n parcel or tract of land and pre-
mees, .1 tuat., lyiJ:aB and be1.ng :In the Bud Town ot' Bovmanville
and be1z3B composed of part of Lot 9. 1.n the nrst Concession ot' j'
the sdd ToVDBh1p of Dar11z:lgton, BOW wi th1.n the 11.m.1 ts of the
aaid Tow:n of Bovmanv:i1le. be1.aB more particu1arly descr:t.bed &.
t'ollows:
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'.,-" _ 'I. BBG~ at - b'OIl bar p1_ted u. the lforther1,. 1:lm1t o~ adi
Lot 9 t d1atant V..terly there:lD, Three Handred aDd Tventy. feet
.. ('20' J :from the North-Basterly aDBle thereof;
TSENC.E Southerly parallel to the .Easterly 1:1m:1 t of -ttdd Lot a
distailce of Two HlV'J~~d aDd Ten feet (210') to aD u-on bar;
THENC.E Ve.ted. yparallel to the Northerly l:1.rdt of .aid Lot 9,
. distance of' NiDety feet (90') to an l.ron bar beiDB the PODf1'
OF CO.MMENCEMENT of' the lands covered 1.n said rJ.ght and Easement;
THBllCE Northerly para11el to the Easterly l:.lJD1 t of add Lot 9,
a distance of ODe Hundred and Ten .F.et (110');
~ Vesterly para1lel to the Northerly l:.lJD1 t of' said Lot 9,
a distance of Thirty feet (30').
THENCE Southerly parallel to the Easterly J.im:1.t of said Lot 9,
a distance of One &'J"tlJ1'"8d and TeD feet (1J.0');
THENCE Easterly parallel to the Northerly 1:1.rd t of said Lot 9,
a d1stance of Thirty feet (30') to the POINT OF COMMENCEMENT.
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THIS AGREEMENT made in quintuplicate this ~t1J/day of ~ /...j
19 it .
BET WEE N:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
Hereinafter called the IlTOWNII OF THE FIRST PART,
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PENWEST DEVELOPMENT CORPORATION LIMITED
Hereinafter called the 1I0WNERII OF THE SECOND PART
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JULES KOFMAN, AS TRUSTEE
Hereinafter called the IIMORTGAGEEII OF THE THIRD PART
W ITNESSETH THAT:
WHEREAS the lands affected by this Agreement, which are described in Schedule
"A" hereto, are hereinafter called the IlLandsll and constitute 19.15 hectares;
AND WHEREAS the Owner warrants that it is the registered owner of the Lands;
AND WHEREAS the {)wner warrants that the Mortgagee is the only mortgagee of the
Lands;
AND WHEREAS the Owner warrants that it has applied to the Ministry of Municipal
Affairs & Housing, hereinafter called the Ministry for approval of a plan of
subdivision of the Lands;
AND WHEREAS to comply with the Minister's conditions for such approval, the
Owner has consented to enter into this Agreement with the Town;
AND WHEREAS the Owner warrants that it has entered, or will enter into an
Agreement with the Regional Municipality of Durham, hereinafter called the
"Region" to satisfy the requirements of the Regional Municipality of Durham,
financial and otherwise;
AND WHEREAS the Owner warrants that it has or will enter into an agreement with
the appropriate Public Utilities 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 "Wand hereinafter called IIUtilitiesll;
NOW THEREFORE in consideration of the mutual agreements and covenants and
promises herein contained, and other good and valuable consideration, the
parties hereto agree as follows:
L. R.: 03,02.86
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1. DEFINITIONS
In this Agreement:
1.1 "Council" shall mean the Council of the Corporation of the Town of
Newcastle;
1.2 "Director" shall mean the Director of Public Works of the Town of
Newcastle or his designated representative as may be appointed by Council
to act in his place;
1,3 "Treasurer" shall mean the Treasurer of the Corporation of the Town of
Newcastle;
1.4 "Director of Community Services" shall mean the Director of Community
Services of the Corporation of the Town of Newcastle;
1,5 "Director of Planning" shall mean the Director of Planning of the
Corporation of the Town of Newcastle;
1.6 "Solicitor" shall mean the Solicitor of the Corporation of the Town of
Newcastle;
1.7 "Owner" shall include an individual, an association, a partnership or a
corporation and wherever the singular is used herein, it shall be
construed as including the plural.
1.8 "Conmissioner" shall mean the Commissioner of Planning for the Regional
Municipality of Durham,
1.9 "Minister" shall mean the Minister of Municipal Affairs and Housing,
Ontario.
1.10 "Town" 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. : 18,6,85
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2, GENERAL
2.1 CERTIFICATION OF OWNERSHIP
(1) The Owner shall, at the time of the execution of this Agreement, provide
the Town with a letter signed by an Ontario Solicitor and addressed to the Town
certifying as to the title of the said Lands and setting out the names of all
persons having an interest in the said Lands and the nature of their interest,
(2) The Owner shall, at the time of the execution of this Agreement, provide
the Town with a letter signed by an Ontario Solicitor and addressed to the Town
certifying as to the title to any land excluding the said Lands, which is to be
conveyed to the Town or over which easements are to be granted to the Town
pursuant to the terms of this Agreement,
2.2 COPY OF PLAN AND AGREEMENTS REQUIRED
Subject to paragraph 2,10(3) hereof, the Owner shall, at the time of the
execution of this Agreement, provide the Town with as many copies as the Town
requires of the plan of subdivision for the said Lands, which plan shall be the
plan prepared for approval by the Minister, The said plan is attached hereto as
Schedule "8" and is hereinafter called the "Plan". The Owner shall also furnish
to the Town at the time of the execution of this Agreement, one copy of the said
Plan containing the stamp of approval of the Region, and a copy of the
subdivision agreement entered into between the Owner and the Region with respect
to the said Plan if such approval and/or Agreement is in existence at the time
of the execution of this Agreement. If the approval or agreement with the
Region is not available at the time of the execution of this Agreement, the
Owner agrees to provide the Town with the Plan with the stamp of approval of the
Region and a copy of the Subdivision Agreement entered into with the Region,
immediately after approval is granted or the agreement signed. The Owner shall
also furnish to the Town at the time of the execution of this Agreement one copy
of each of the agreements entered into with the Public Utilities Commission or
other authority or company having jurisdiction in the area of the said lands for
the design and installation of the utilities, or, if such agreement or
agreements are not in existence at the time of the execution of this Agreement,
the Owner agrees to provide the Town with a copy of each such agreement
immediately after such agreement ;s signed,
2,3 DEDICATION OF EASEMENTS
(1) The Owner shall, at the time of the execution of this Agreement, or such
later date as may be agreed by the Owner and the Town, but not later than the
registration of the Plan, deliver to the Town executed transfers of easements
free and clear of all encumbrances as set out in Schedule "E" hereto,
(2) If, subsequent to the registration of the Plan, but prior to the issuance
of a building permit in respect of a lot or block, further easements are
required for utilities or drainage, or other purposes, in respect of any lot or
blOCK within the Lands, the Owner agrees to transfer to the Town such further
easements upon request, The Town shall not unreasonably request such further
easements, and in no event shall a further easement be requested which would
prevent the erection of a dwelling on any such lot or block,
2,4 DEDICATION OF LANDS
The Owner shall, at the time of the execution of this Agreement, or such later
date as may be agreed by the Owner and the Town, but not later than the
registration of the Plan, deliver to the Town executed deeds of conveyance,
sufficient to vest in the Town, or where applicable, in any other public
authority or person, absolute title in fee simple, free and clear of all liens,
charges, encumbrances and easements, the lands set out in Schedule "F" hereto,
Such conveyance shall include the dedication by the Owner to the Town of the
lands required by the terms of The Planning Act, as amended, from time to time
to be dedicated for public purposes, other than for highways, unless the Town
has agreed to accept cash in lieu of such lands, as provided herein,
L.R,: 26,2,85
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2,5 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.
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:
Penwest Development Corporation Limited
390 Bay Street, Suite 2812
TORONTO, Ontario. M4H 2Y2
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
"B II; or
L.R,: 26.2.85
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(ii) the Plan of Subdivision is not finally approved by the Minister and
registered within eighteen (18) months of the date of the execution
of this Agreement; or
(iii) the agreement between the Owner and the Region has not been executed
at the time of the execution of this Agreement, or such agreement has
been executed and is subsequently amended, and the provisions of such
agreement affect materially the location or sizing of any of the
Works to be supplied and installed under the terms of this Agreement;
or
(iv) no construction or installation of any of the Works has commenced
within two (2) years from the date of registration of the plan,
and failing agreement. this Agreement shall be null and void,
(2) The parties may from tirre to titrE by mutual agreement amend the terms
of this Agreement and any of the Schedules but an amendment shall only be
effective if in writing and executed under the seals and hands of the proper
officers of each party,
(3) The parties hereto acknowledge that at the time of the execution of
this Agreement. only a red lined copy of the plan of subdivision is in existence
and all descriptions in this Agreement and the Schedules annexed hereto refer to
the descriptions in the red line plan annexed hereto as Schedule "B", Upon the
final plan of subdivision being approved by the Minister of Housing the final
plan shall be substituted for the red lined plan annexed as Schedule "8" and all
amendments necessary or requisite shall be made to conform with the descriptions
used in this Agreement and the Schedules (and without limiting the generality of
the foregoing, in particular Schedules "B", "E", "F", "G", "N", "0", "P", and
"Q") with the final plan of subdivision,
2.11 TOWN TO ACT PROMPTLY
Wherever the Town, or the Solicitor, or the Treasurer for the Town, or the
Director, is required to take action pursuant to this Agreement, or is required
to make a decision or render an opinion. or give confirmation or give
authorization, permission or approval. then such action. decision, confirmation,
authorization, permission or approval shall be made promptly and in all respects
the Town and its officers, servants or agents shall act reasonably,
2,12 ASSIGNMENT OF AGREEMENT
The Owner shall not assign this Agreement without prior written consent of the
Town and no such assignment shall relieve the subsequent Owner of a~ 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 "All "Legal description of said Lands"
Schedule "8" IIPlan of Subdivision for final approval"
Schedule "c" "Charges against said Landsll
Schedule "Oil "Development charges"
Schedule "E" "Grants of easements to be dedicatedll
Schedule "F" "Lands and/or cash to be dedi cated"
Schedule "G" IIWorks required"
loR. : 26,2,85
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Schedule "H"
"Utilities required"
Schedule "I"
"Duties of Ownerls Engineer"
Schedul e "J"
"Cost Estimates"
Schedule "K"
"Insurance Policies required"
Schedule II VI
"Regulations for construction"
IIUse of said lands"
Schedul e "W
Schedule "N"
"Lands unsui tab 1 e for buil ding"
Schedule 110"
IILands requiring site planll
Schedule lip"
"Oversi zed and/or External Serv ices"
Schedule "Q"
"Conservation Authorityts Works"
Schedule flRIl
"Engineering and Inspection Feesll
Schedule "SIl
"Minister's/Region's Conditions of Approval"
2.14 MORTGAGE
The Mortgagee does hereby postpone his mortgage to this Agreement with the
intent that this Agreement shall take effect as though dated, executed and
registered prior to the mortgage and the Mortgagee covenants and agrees that in
the event that he obtains ownership of the said lands by foreclosure or
otherwise>> he shall not use or develop the said lands except in conformity with
the provisions of this Agreement.
2 , 15 SUCCE SSORS
This Agreement shall enure to the benefit of and be binding upon all of the
parties hereto, its, his or her respective heirs, executors, administrators,
successors or assigns.
2.16 PLAN APPROVAL
Upon receipt of the payments herein required and upon the execution and
registration of this Agreement, the Director of Planning will recommend to the
Minister that the plan be approved for registration.
L , R, : 03.02, 86
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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
Municipal taxes outstanding against the said Lands, as set out in Schedule "e"
hereto, The Owner further agrees to pay any municipal taxes which may become
due and payable by it, in respect of any of the said Lands, prior to the sale by
the Owner of such lands.
3,2 PAYMENT OF LOCAL IMPROVEMENT CHARGES
The Owner shall, at the time of the execution of this Agreement, pay all charges
with respect to existing local improvements assessed against the said Lands, as
set out in Schedule "c" hereto. Such charges shall include the Town's share of
any local improvements which serve the said Lands and shall include the commuted
value of such charges including charges falling due after the date of the
execution of this Agreement.
3.3 PAYMENT OF DRAINAGE CHARGES
The Owner shall, at the time of the execution of this Agreement pay all drainage
charges assessed under The MuniCipal Drainage Act, 1975, and The Tile Drainage
Act, R.S.O. 1980, against the said Lands, as set out in Schedule "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 liD" hereto, Notwithstanding the provisions of Schedule "0" as
to the times at which the development charges shall be paid, the Owner shall,
prior to the issuance of any building permit in respect of any lot or blOCK, pay
all remaining development charges assessed against the said lot or block,
3.5 CASH IN LIEU OF LANDS
The Owner agrees that, if the Town agrees to accept cash in lieu of the
dedication by the Owner to the Town of lands for pUblic purposes, other than
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 on any such cash payment as
set out in Schedule "F" hereto, at the time of the execution of this Agreement.
3,6 PERFORMANCE GUARANTEE REQUIRED
(1) The Owner shall, prior to the issuance of any Authorization to Commence
Work, lodge with the Town by cash or by means of an irrevocable letter of credit
issued by a chartered Canadian bank, guaranteeing the performance by the Owner
of the provisions of this Agreement, Such cash or irrevocable letter of credit
shall be in an amount equal to the Works Cost Estimate with respect to the Plan
or stage of the Plan covered by the Authorization to Commence Work.
(2) All documents furnished under this paragraph shall be approved by the
Treasurer of the Town.
(3) The cash or irrevocable letter as provided in subparagraph (l) hereof are
herei na fter call ecti vely referred to as a "Perfonnance Guarantee II ,
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 p~ any costs payable by
the Owner to the Town under this Agreement by due date of the invoice for such
costs,
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3,8 INDEMNIFICATION OF TOWN AND INSURANCE
The Owner covenants and agrees to indemnify the Town against all actions, causes
of actions. suits. claims and demands whatsoever and howsoever caused, which
arise either by reason of the development of the said lands, or the undertaking
of the design, construction, installation and maintenance of the Works and
Utilities. The Owner agrees to indemnify the Town with respect to all such
claims notwithstanding the issuance of a Certificate of Release provided for in
this Agreement. The Owner shall also provide the insurance called for by
Schedule "K" of this Agreement,
3.9 MAINTENANCE GUARANTEE PERIOD
In order to guarantee that all defects in the Works which become apparent after
the issuance of a Certificate of Completion for such Works, will be properly
repaired or replaced, the Owner shall, prior to the issuance of the Certificate
of Completion for such Works, lodge with the Town a Maintenance Guarantee in the
form of cash or an irrevocable letter of credit from a chartered Canadian bank,
and in an amount equal to ten percent (10%) of the estimated cost of the Works
as set out in SChedule "J" hereto. The form of the Maintenance Guarantee shall
be subject to the approval of the Town Treasurer. and shall guarantee the Works
from the date of completion as follows:
(a) Initial Sta e of Road Construction: the greater of two (2) years
rom the ate 0 lssuance 0 t e ertificate 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)
3.10 USE OF MAINTENANCE GUARANTEE
The Owner agrees that the Town may, at any time, authorize the use of all or any
part of any Maintenance Guarantee if the Owner fail s to pay any costs payable by
the Owner to the Town under this Agreement. by the due date of the invoice for
such costs,
3.11 REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE
(1) The Owner agrees that the Town shall not be obliged to release to the Owner
the unused portion of any Performance Guarantee until:
121 a Certificate of Completion has been issued for the Works for which
such Performance Guarantee was required; and
1Ql the Owner has deposited with the Town the Maintenance Guarantee
applying to those Works for which such Performance Guarantee was required; and
~ 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.
ifl 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,
3,12 REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE
(1) The Owner agrees that the Town shall not be obliged to release to the
Owner the unused portion of any Maintenance Guarantee until:
(a) a Certificate of Acceptance has been issued for the Works for which
such Maintenance Guarantee was required; and
(b) the Town is satisfied that. in respect of the maintenance of all of
the Works for which such Maintenance Guarantee was required, there
are no outstanding claims relating to such Works,
(c) the Town has received the as-built drawings for such works.
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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
shall be deemed to include the words "at the expense of the Owner" unless the
context otherwise requires.
(2) The Owner, upon the execution of this Agreement, shall reimburse the Town
for all reasonable legal, planning, engineering and other technical advice and
assistance actually incurred by the Town in connection with the preparation for
and attendances at the Ontario Municipal Board hearings for the draft approval
of Subdivision 18T-76011 and amendments of the Town's By-law 84-63.
(3) The Owner shall reimburse the Town for all reasonable legal, planning,
engineering and other technical advice, and administrative expenses actually
incurred for the preparation and registration of this Agreement, and the legal
services contemplated by the terms of this Agreement, which shall include review
of performance guarantee and the preparation of any release.
(4) The Owner shall have the right to inspect, upon reasonable notice, during
regular business hours, such accounts, invoices, time records and other
documents and calculations of charges for which the Town is seeking
reimbursement.
(5) The Owner shall pay to the Town for all engineering and inspection costs
in accordance with the provisions of Schedule "R" hereto,
3,14 UNPAID CHARGES
The due date of any sum of money payable herein, unless a shorter time is
specified, shall be thirty (30) days after the date of the invoice, Interest
shall be payable by the Owner to the Town on all sums of money payable herein,
which are not paid on the due dates. The interest penalty charges will be the
same rate as charged on outstanding tax balances.
3.15 OCCUPANCY'PERMIT
Prior to the issuance of the first building permit the Owner agrees to lodge
with the Town an irrevocable letter of credit annually renewable and issued by a
chartered Canadian bank in an amount of Seven Thousand and Five Hundred Dollars
($7,500,00) to guarantee that occupancy does not Occur in respect of any lot or
block before the issuance of an Occupancy Permit for such lot or block. In the
event that occupancy occurs in respect of any lot or block before the issuance
of an occupancy permit contrary to paragraph 4.8, the Town mav draw down said
l~etter of Credit by an a~unt necessary to correct the default relative to
'~nc;y.....:" In the event of such def.a.ul t, the ~l'JPr sh~ll inmed1ately restore
e l tter of Credit for the full amount of Seven Thousand and Five Hundred
Dollars ($7.500.00)~o 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 ready for occupancy in accordance with the terms of this Agreement or at such
earlier date as agreed in writing by the parties. The Town agrees to permit the
letter of Credit lodged by the Owner to be substituted, either in whole or in
part, by a letter of Credit submitted by the builder to whom the Owner has sold
a lot or block with the Plan. The Owner agrees to obtain any such Letter or
Letters of Credit, on behalf of and in favour of the Town, at such time as any
or all of the said lands are sold. The Town further agrees to release
substituted portions of the Owner's letter of Credit, in respect of occupancy.
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4. PLANNING
4.1 APPROVAL OF TREE PRESERVATION PLAN
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
showing thereon:
(1) the location and approximate size of all existing trees over 30.5 cm, in
circumference at 1.5 m, above the ground; and
(2) the location of all existing trees referred to in subparagraph (1) hereof
intended to be removed during the development of the said Lands.
No work shall be done and no such trees removed until the Tree Preservation Plan
is approved and only then, in accordance with such approved Plan. It is agreed
by the Town that nothing in this paragraph shall prevent the Owner from removing
trees that would otherwise prevent it from carrying out the Works or from
utilizing any lot or block by reason of its inability to site a dwelling on such
lot or block because of such trees,
4.2 USE OF SAID LANDS
The Owner agrees that the said Lands shall not be used for any purpose other
than that set out in Schedule "M" hereto without the prior written consent of
the Town.
4.3 LANDS UNSUITABLE FOR BUILDING
The Owner agrees that the lots and blocks of the Plan which are set out in
Schedule "N" 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 "WI hereto for such lot
or block have been satisfied to the approval of the Directors of Planning and
Public Works and/or any other authorities having jurisdiction.
4.4 LANDS REQUIRING SITE PLAN
The Owner covenants and agrees that no application for any building permit in
respect of the lots or blocks of the Plan which are set out in Schedule "0"
shall be made until the Owner has entered into a Site Plan Agreement with the
Town respecting the development of such lot and unless the application for a
building permit complies in all respects with the terms of the said Site Plan
Agreement.
4.5 REQUIREMENTS FOR BUILDING PERMITS
Neither the execution of this Agreement by the Municipality nor the approval by
the Town of the Plan for registration, nor the issuance by the Town of any
Certificate of Acceptance shall be deemed to give any assurance that building
permits when applied for will be issued in respect of any of the said Lands.
The Owner agrees that no application for any bUilding permit in respect of any
of the said Lands shall be made until:
(1) all easements for Utilities or drainage, or other purposes across the
lot or block in respect of which a building permit is proposed to be
issued have been transferred to the Town; and
(2) all the roads which are required to be constructed under this
Agreement to provide access to the proposed building. have been
constructed to at least the completed base course of asphalt. to the
written approval of the Director unless otherwise approved by the
Director.
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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 ilK" have been cons tructed 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
the Owner has provided the Director of Planning with a mylar and four
copies of a street numbering plan satisfactory to the Town and each
street number shall permanently apply to the lot or block shown on
the Plan and shall be provided by the Owner to all subsequent owners;
and
(5 )
(6 )
the balance of all Development Levies have been paid in respect of
the lot or block in the Plan for which the building permit is applied
for; and
(7)
the Owner has deposited, and maintained in good standing, the Occupancy
Penalty fee as required by paragraph 3.15 of this Agreement; and
if the application for a building permit is in respect of any lot or
block set out in Schedule "N" the Owner has ful filled the conditions
with respect to the lots and blocks as set out in Schedule "Nil as
required by paragraph 4.3 of this Agreement; and
( 8)
(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 "0" as required by paragraph 4,4 of this Agreement.
(10) the Owner has provided the Director of Planning with a mylar copy of
the registered plan of this subdivision,
(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 bui1ding(s)
proposed to be constructed and the grading of the lot and proposed
access conforms to the approved lot grading plan, and the Town's Design
Criteria and Standard Detail Drawings,
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 eight (8) model homes on
the lands, provided that such application is in conformi~ with the
requisite by-laws of the Town and The Ontario Building Code. 1980.
provided that all building permit fees, occupancy penalty, performance
guarantee and appropriate development levies as provided for in this
Agreement have been paid or provided, and that the developer has
satisfied the Town that the final grades of the lot are appropriate for
the proposed building and that grading complies with the overall grading
plan,
(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, or alternatively that, any road
required to provide access to the model homes shall be constructed to
the completed Granular B base with a 10 cm contamination layer of
Granular A which shall be removed and disposed of prior to final
construction of the road, Where an alternate access is proposed to
provide access to model homes, such access shall be of a standard
acceptable to the Director of Public Works and the Fire Chief of the
Town of Newcastle.
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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 covenants and agrees that in the Agreement of Purchase and
Sale, he will require each builder purchasing from him to file, prior
to applying for a building permit~ with the Town a Master Plan, to be
approved by the Town, for the lot purchased by the builder/purchaser
showing housing types~ elevations and the distribution of models on
such lots.
4.7 REQUIREMENTS FOR SALE OF LANDS
The Owner agrees not to sell any or all of the said lands until:
(1) the Town has registered against the title to such lands any grant of
easement in respect of such lands; and
(2) where no building permit has been issued in respect of any lot or block
proposed to be sold, the Owner has obtained from the prospective purchaser
a covenant that such purchaser agrees at any time prior to the issuance of
a building permit, to provide the Town with any grants of easement required
for utility or drainage purposes upon the written request of the Town; and
(3) the Owner has obtained from the prospective purchaser a licence to permit
the Owner and/or Town, to enter upon such lands to perform its obligations
under this Agreement; and
(4) the Performance Guarantee and/or Maintenance Guarantee required pursuant to
this Agreement has been deposited with the Town and is in good standing,
(5) the Owner has inserted in the agreement to purchase entered into by the
prospective purchaser, notice that the lands are subject to the covenants
and obligations set forth in this Agreement, and more particularly, the
following specific notices or requirements:
(a) That the purchaser shall be responsible for the paving of
driveways between the curbs and sidewalks, in accordance with
the Town of Newcastle Design Criteria and Standard Drawings in
areas where there are no sidewalks, driveways shall be paved to
the property line.
4.8 REQUIREMENTS FOR AUTHORIZATION TO OCCUpy
Notwithstanding the requirements of any statute regulation or by-law for the
issuance of any permit authorizing the occupancy of any dwelling or other
structure, the Owner shall not permit any building on the said lands to be
occupied~ and no one shall occupy such building without the written permission
of the Town herei nafter call ed an "Occupancy Permi C, In addi ti on to any other
requirements contained herein, no Occupancy Permit shall be issued for any
building until:
(1) all of the roads which are required to be constructed under this
Agreement, which will provide access to such building, have had the
application of the base course of asphalt, to the written approval of the
Director; and
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all of the storm drainage system required to be constructed and instal led
to service such building has been constructed and installed to the written
approval of the Director, and the building has been connected thereto; and
all of the Utilities, save telephone and cable T,V. required to be
constructed and installed and connected to the building pursuant to
Schedule "H", have been so constructed, installed and connected to the
written approval of the authorities having jurisdiction over such
Utilities; and
the building has been connected to and is serviced by a water supply and
sewage disposal system to the written approval of the authority having
jurisdiction; and
(3)
(4 )
(5 )
the Owner's Engineer has provided the Director with certification being
written confirmation that the lot or block, where such building is
located, conforms to the Grading and Drainage Plan, or has received the
written approval of the Director with respect to any variance to the
Grading and Drainage Plan,
The building has received all final inspections required pursuant to the
Building Act and/or the Plumbing Code,
Notwithstanding the provisions of sub-paragraph (5) of this Clause the
Owner shall be entitled to a temporary Occupancy Permit in the event that
the Owner has not been able to comply with the requirements of
sub-paragraph (5) by reason of seasonal, weather or other conditions
beyond the control of the Owner, Pri or to the "Temporary Occupanci' 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 dwelling
unit. Failure to comply with the above will result in a reduction of the
Occupancy Deposit Letter of Credit pursuant to the provisions of Paragraph
3.15.
(6 )
SPECIAL CONDITIONS
The Owner covenants and agrees to satisfy the requirements of the Central
Lake Ontario Conservation Authoi rty as contained in Schedule "Q" hereto.
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5. PUBLIC WORKS
5,1 TOWN WORKS REQUIRED
The Owner shall be responsible for the construction and installation of the
serv ices and 1 andscaping more part icu 1 arly referred to in Schedu le IIGII hereto
(hereinafter called lithe Worksll), Until the issuance of a Certificate of
Acceptance as hereinafter provided, the Works shall remain the property of the
Owner and the Owner shall be fully responsible for their maintenance. After the
issuance of a Certificate of Acceptance, the Works shall vest in and become the
responsibility of the Town.
5.2 UTILITIES AND SERVICES REQUIRED
The Owner shall be responsible for entering into agreements with the appropriate
Public Utilities Commission or other such authority or company having
jurisdiction in the area of the said Lands for the design and installation of
the Utilities as more particularly referred to in Schedule IIH".
5.3 OWNER'S ENGINEER
The Owner shall retain a competent Professional Engineer, registered by the
Association of Professional Engineers of Ontario and hereinafter called the
1I0wner's Engineerll, to administer this Agreement, whose duties are set out in
Schedule 11111 hereto.
5.4 DESIGN OF WORKS
The Owner agrees that the design of all the Works shall comply with the Design
Criteria and Stan~ard 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 IIEngineering Drawings". If
no construction of the Works has commenced within two (2) years of the date of
approval of the Engineering Drawings, the Engineering Drawings shall be
resubmitted to the Director for re-approval and further revisions if required by
the Director, and no work shall be done unless in accordance with the said
revised and re-approved drawings,
5.6 APPROVAL OF GRADING AND DRAINAGE PLAN
The Owner shall, prior to the issuance of any Authorization to Commence Work as
provided herein, have received the written approval of the Director of a plan,
hereinafter called the "Grading and Drainage Planll, and showing thereon the
eXisting drainage pattern on all adjacent lands, all proposed grading and
drainage works for the said Lands, indicating the direction of all surface
drainage, including water from adjacent lands originally flowing through, into
or over the said lands to the municipal storm sewer system or any other outlet
approved by the Director. This Grading and Drainage Plan shall be approved and
signed by the Director prior to the construction of any services or roads on the
said Lands, If no construction of the works is commenced within two (2) years
of the date of approval of the Grading and Drainage Plan, the Grading and
Drainage Plan shall be 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 and reapproved drawings,
5.7 STAGING OF WORKS
If the Owner wishes to construct and install the Works and Utilities in stages,
the Owner shall, prior to the issuance of any Authorization to Commence Work as
hereinafter provided, prepare for the approval of the Council of the Town, a
plan hereinafter called the "Staging Planll which divides the Plan into stages
for the construction, installation and maintenance of the Works and Utilities.
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The Owner shall not proceed until such Staging Plan has been approved by the
Director of Public Works. and shall proceed only in accordance with such
approved Plan, except as it may be subsequently amended with the approval of
the Director of Public Works,
5,8 APPROVAL OF SCHEDULE OF WORKS
The Owner shall, prior to the issuance of any Authorization to Commence Work, as
hereinafter provided, receive the written approval of the Director of a schedule
(hereinafter called the uSchedule of WorksU) which sets out the timing sequence
in which the Owner proposes to construct and install all of the Works and
Utilities and, where the installation of the Works and Utilities are to be
staged the Owner shall, prior to the Authorization to Commence Work for each
such stage, receive the written approval of the Director of a Schedule of Works
for such stage. The Owner shall proceed only in accordance with the approved
schedule, except as it may be subsequently amended with the approval of the
Director.
5.9 APPROVAL OF COST 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 uWorks Cost EstimateU,
shall be approved by the Director and entered in Schedule uJu 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 Estimatell shall be approved by the
Director and entered in Schedule IIJII hereto.
5.10 REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS
The Owner shall not commence the construction or installation of any of the
Works without the written permission of the Town, hereinafter called an
UAuthorization to Commence Worksll, The Owner shall only commence those Works
permitted by the Authorization to Commence Works, In addition to any other
requirements contained herein, no Authorization to Commence Works shall be
issued for any of the Works until:
(1) the Plan has received final approval from the Minister; and
(2) the Plan has been registered; and
(3) the Owner has delivered a registered copy of this Agreement and copies of
the Plans and Agreements as required by paragraph 2.2 of this Agreement; and
(4) the Owner has paid to the Town any outstanding charges against the said
lands required by paragraphs 3.1, 3.2, 3.3 and 3.4 of this Agreement; and
(5) the Owner has conveyed to the Town any easements as required by paragraph
2.3 of this Agreement, and such easements have been registered; and
(6) the Owner has conveyed to the Town any lands and paid any cash as required
by paragraphs 2,4 and 3,5 of this Agreement, and any such conveyance has been
registered; and
(7) the Owner has delivered letters from the appropriate Public Utilities
Commission, or authority or company having jurisdiction, stating that
satisfactory agreements have been entered into for the design and installation
of the Utilities as required by paragraph 5,2 of this Agreement; and
(8) the Owner has appointed an Engineer as required by paragraph 5.3 of this
Agreement; and
(9) the Owner has received the written approval of the Director for the
Engineering Drawings as required by paragraph 5.5 of this Agreement; and
(10) the Owner has received the written approval of the Director of the
landscaping required as part of the Works and more particularly referred to in
Schedule "G"; and
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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) the Owner has received the written approval of the Director of Planning
for the Tree Preservation Plan as required by paragraph 4.1 of this Agreement;
(13) the Owner has received the written approval of the Director of Public
Works for the Staging Plan as required by paragraph 5.7 of this Agreement; and
(14) the Owner has 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
(17) the Owner has deposited with the Town any pol icies 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 as required by
paragraph 5,27 of this Agreement; and
(20) not~ithstanding the above the Owner may commence installation of the work
as referred to in Schedule uG" hereto with the written aproval of the Director,
prior to the registration of the Plan provided that Sections
3,4,7,8,9,lO,ll~13.14,15.16,17 and 18 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 "J" hereto; and
(2) the Owner has deposited with the Town the Performance Guarantee applying
to that stage of the Plan for which the Owner is seeking such Authorization to
Commence 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.: 03.02,86
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5,13 PROVISIONS FOR CONSTRUCTION AND INSTALLATION
All of the Works shall be constructed and installed in accordance with the
Engineering Drawings as approved by the Director, No variation from the
Engineering Drawings shall be permitted unless such variation is authorized in
writing by the Director, All construction on the said Lands shall be carried
out in accordance with the regulations for construction as set out in Schedule
"L" hereto.
5,14 SEQUENCE OF CONSTRUCTION AND INSTALLATION
The Owner shall, upon the issuance of an Authorization to Commence Works,
proceed to construct and install all of the Works continuously and as required
by the approved Schedule of Works,
5.15 COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION
The Owner shall, within two (2) years of the date of the issuance of an
Authorization to Commence Works, complete the construction and installation of
all of the Works authorized in such Authorization to Commence Works with the
exception of the curbs, sidewalks, final coat of asphalt, final lot grading,
driveway approaches, sodding and tree planting,
5.16 ADDITIONAL FACILITIES OR WORK REQUIRED
If, in the opinion of the Director, any minor or incidental additional work is
required to provide for the adequate operation and functioning of the Works, the
Owner shall, until the conclusion of the maintenance guarantee period, construct
or install such additional facilities and perform such additional work as the
Town may request from time to time.
5.17 INCOMPLETE OR FAULTY WORK
(1) If, in the opinion of the Director, the Owner is not executing or causing
to be executed the Work required by this Agreement, in such a manner that it
will be completed within the time specified for such completion, or if the said
Work is being improperly done, or if the Owner neglects or abandons the said
Work, or any part of it, before completion, or unreasonably delays the execution
of the same, or if in any other manner the said Work is not being done properly
and promptly in full compliance with the provisions of this Agreement, or in the
event that the Owner neglects or refuses to do over again any Work which may be
rejected by the Director as defective or unsuitable, or if the Owner in any
other manner in the opinion of the Director may default in performance under
this Agreement, then in any such case the Director on the authority of the
Council of the Town may notify the Owner and his surety in writing of such
default or neglect and within ten (10) clear days after the giving of such
notice or within such further period of time as may be specified in the notice,
the Town Council shall thereupon have full authority and power immediately at
its option to employ a contractor or such workmen as in the opinion of the
Director shall be required for the proper completion of such work at the cost
and expense of the Owner or his surety, or both, In cases of emergency, in the
opinion of the Director, such work may be done without prior notice, but the
Owner shall forthwith be notified. The cost of such work shall be calculated by
the Director, whose decision shall be final. It is understood and agreed that
the total costs shall include a management fee of thirty (30%) percent of a
contractor's charges to the Town (including any charges for overhead and profit)
or, if such work is undertaken by the Town, thirty (30%) percent of all charges
incurred to complete the work, it being hereby declared and agreed that the
assuming by the Owner of the obligations imposed by this clause is one of the
considerations without which the Municipality would not have executed this
Agreement,
(2) In the event that any liens are filed under The Construction Lien Act such
filings shall constitute a default in performance under this agreement, then in
any such case the Director may notify the Owner and his surety in writing of
L.R,: 26.2.85
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such default and if the Owner fails to satisfy claims of the lien claimant
within ten (lO) clear days after the giving of such notice or within such
further period of time as may be specified in the notice, then the Municipal
Council shall thereupon have full authority and power immediately, at its
option, to pay the full amount of the claim and costs into an appropriate court
having jurisdiction and the Municipality shall be authorized to use all or part
of any performance or maintenance guarantee to do so, In the event that the
MuniCipality draws upon the performance or maintenance guarantee to satisfy the
claims and costs of any lien claimant, the Owner shall forthwith upon notice
from the Director reinstate the performance or maintenance guarantee to the full
value required under the terms of the agreement.
5.18 ENTRY FOR EMERGENCY REPAIRS
The Owner agrees that, at any time and from time to time, employees or agents of
the Town may enter the said Lands for the purpose of making emergency repairs to
any of the Works. Such entry and repairing shall not be deemed an acceptance of
any of the Works by the Town, nor an assumption by the Town of any liability in
connection therewith, nor a release of the Owner from any of its obligations
under this Agreement.
5,19 D~lAGES 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.
(21 The Owner agrees, prior to the commencement of any works upon the lands to
cause to be carried out, at his expense, a ground water monitoring program
around the perimeter of the site. The number, location, and frequency of
observation of the piezometric observation wells shall be recommended by a
nYdrogeologist and approved by the Director of Public Works. The Owner further
agrees to undertake separate reports, to the satisfaction of the Director of
Public Works, for each and every Occurrence of apparent well interference caused
by construction activity within the said lands and reported to the Town,
(3) The Owner agrees to, if the well or private water supply of any person
outside the Plan is interfered with or dewatered as a result of the construction
or installation of the Works:
(a) where the interference to a well or private water supply is short
term duration (i.e. during the course of dewatering and excavation
and within one month of the completion of dewatering) make available
to the affected party, a temporary supply of water at no cost to the
affected party; or
(b) where the interference to a well or private water supply is of a long
term duration, at the option of the Owner and at his expense, connect
the affected party to the Town water supply system or provide a new
well or private water system so that water suppl ied to the affected
party shall be of a quality and quantity at least equal to the
qual ity and quantity of water enjoyed by the affected party prior to
the interference.
5.20 USE OF WORKS BY TOWN
The Owner agrees that any of the Works may be used by the Town or other
authorized persons, for the purposes for which the Works are designed. Such use
of any of the Works shall not be deemed an acceptance of any of the Works by the
Town nor an assumption by the Town of any liability in connection therewith, nor
a release of the Owner from any of his obligations under this Agreement.
L. R . : 03 . 02 .86
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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
Director; and
(b) during the course of installation of the Works and Utilities provide and
maintain safe and adequate access to all occupied buildings.
(2) The Town agrees to snowplow and sand paved subdivision roadways. Until
the roadways are vested in the Town the Owner shall pay one hundred percent
(100%) of the actual cost of snowplowing and sanding such roadways.
(3) The provisions of any work or service by the Town under paragraph 5.18 or
subparagraph (2) of this paragraph, shall not in any way constitute approval or
assumption of the road and the road shall not be deemed to have been assumed
until a Certificate of Acceptance has been issued,
5.22 REQUIREMENTS FOR CERTIFICATE OF COMPLETION
The Owner agrees that the construction and installation of any of the Works
authorized in an Authorization to Commence Works shall not be deemed to be
completed for the purposes of this Agreement until the Director has provided the
Owner with written confirmation thereof, referred to herein as a "Certificate of
Completion", In addition to any other requirements contained herein, no
Certificate of Completion shall be issued until:
(1) Such of the Works authorized by the Authorization to Commence Works for
which a Certificate of Completion is required, have been inspected by the
Director, and he is satisfied such Works have been constructed and installed in
accordance with the latest version of the Engineering Drawings approved by the
Director; and
(2) The Town is satisfied that, in respect of the construction and
installation of all of the Works authorized by such Authorization to Commence
Works, there are no outstanding claims relating to such Works,
5,23 PERIOD OF REQUIRED MAINTENANCE OF WORKS
The Owner shall from the date of the issuance of a Certificate of Completion
maintain all of the Works covered by such Certificate of Completion for a period
as follows:
(a) the greater of, two (2) years
rom t e lssuance 0 t e ertl lcate 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)
5,24 REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE
The Owner agrees that any of the Works covered by a Certificate of Completion
shall not be accepted, nor deemed to be accepted, for the purpose of this
Agreement, until the Director has provided the Owner with written confirmation
thereof, referred to herein as a "Certificate of Acceptance". In addition to
any other requirements contained herein, no Certificate of Acceptance shall be
L. R, : 03,02.86
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:,
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11
- 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 Director that all such Works have been maintained to the approval
of the Director for the period set out in paragraph 5,23 of this Agreement.
5.25 OWNERSHIP OF WORKS BY TOWN
The Owner agrees that, upon the issuance of a Certificate of Acceptance, the
ownership of all of the Works covered by such Certificate of Acceptance shall
vest in the Town and the Owner shall have no right or claim thereto, other than
as an Owner of land abutting a road in which such Works are installed,
5,26 REQUIREMENTS FOR CERTIFICATE OF RELEASE
Upon compliance with subparagraph (1), (2). and (3) hereof, the Town agrees to
provide the Owner with a written release for the said Lands, referred to herein
as the "Certificate of Release". in a fonn suitable for 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 confinnation that at a date not earlier than the end of
the maintenance period described herein, he has found or replaced all
standard iron bars as shown on the Plan and survey monuments at all block
corners, the end of all curves, other than corner roundings, and all points
of change in direction of roads on the Plan; and
(3) the Town Council has, by resolution, acknowledged that the Owner has met
all of the provisions of this Agreement.
The Certificate of Release shall operate as a discharge of the land described
therein of all obligations of the Owner under this Agreement with the exception
of the Owner's responsibility for drainage as provided herein and the Owner's
acceptance of the conditions for applying.for Town building permits as provided
herein,
5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES
(l) In the event that the Owner is required to install oversized services
(hereinafter called "Oversized Services") or services outside the limits of the
Plan of Subdivision (hereinafter called "External Services") which are more
particularly set out in Schedule "P" hereto, the Town agrees that upon a
developer of lands outside the Plan of Subdivision connecting to such Oversized
or External Servi ces, to pay to the Owner that porti on of the cost of the
Oversized or External Services (which is also set out in Schedule liP") that is
equal to the proportion of the excess capacity of such Oversized or External
Services which is estimated to be utilized by such developer, The excess
capaCity of such Oversized or External Services shall be the capacity of such
services estimated to be available after the Owner has fully developed the
lands, The portion of such Oversized or External Services estimated to be
utilized by a developer of lands outside the Plan of Subdivision shall be
calculated by the Director, whose decision shall be final. In determining the
cost of the Oversized or External Services there shall be added annually from
the first anniversary of the issuing of the Certificate of Completion to the
costs set out in Schedule IIp" a sum equal to the interest on the amount of the
unpaid balance from time to time of the cost of the Oversized or External
Services calculated from the date of the issuance of the Certificate of
Completion, at the highest prime lending rate charged during the previous year
by the Bank of Montreal at its main branch in the City of Toronto, plus two
percent (2%),
(2) In the event that payment is required to be made under this paragraph by
the Town before the issuance of a Certificate of Completion, no interest shall
be added to the cost of Oversized or External Services,
loR.: 26.2,85
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(3) In the event that payment is required to be made under this paragraph by
the Town before the first anniversary of the issuance of the Certificate of
Completion, interest shall be calculated at the highest prime rate charged by
such bank, plus two percent (2%) from the date of the issuance of the
Certificate of Completion to the date of payment. Interest shall be calculated
on a per diem basis to the date of payment,
5.28 RESPONSIBILITY OF SUBSEQUENT OWNERS
Even after the issuance of the Certificate of Release the registered owner of
each lot or block on the Plan shall have the sole responsibility for the
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 compliance with the terms of Paragraph 4.5 IIRequirements for
Building Permitsll of this Agreement if, at the time, a Certificate for Release
is issued, no building permit has been issued for such lot or lots.
(3) The registered owner of a lot or lots within the Plan, shall be
responsible for the maintenance of fencing required pursuant to Paragraph Seven
(7) on Schedule IG' to this agreement.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf,
SIGNED, SEALED AND DELIVERED)
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HE TOWN OF NEWCASTLE
ORPORATION LIMITED
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THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and
approved by By-law No, J" - ~j7of the Corporation of the Town of Newcastle.
enacted and passed the I ~ay of /9-~"I?/'L 198~
LEGAL DESCRIPTION OF SAID LANDS
THAT certain parcel or tract of land lying, situate and being in the Town of
newcastle in the Regional Municipality of Durham, formerly in the Town of
Bowmanville and County of Durham, being composed of Part of Lot 9 in Concession
1 of the geographic Township of Darlington, more particularly described as
f 0 11 ows :
FIRSTLY. Parts 1, 2 and 3, on Reference Plan 10R-1946 deposited in the Land
Registry Office for the Land Titles Division of Newcastle at Bowmanville, being
all of Parcel 9-1, Section CON-l, Newcastle (Bowmanville), subject to an
easement in favour of the Bell Telephone Company of Canada over part of said Lot
9, designated as Part 2 on said Plan lOR-l946;
SECONDLY, part of Lot 8, Block 2 in said Lot 9 being all of those lands more
particularly described in Instrument No, 60200 deposited in the Land registry
Office for the Registry Division of Newcastle at Bowmanville.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
L . R, : 01. 04 . 86
) THE CORPORATION E T E TOWN OF NEWCASTLE
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THIS SCHEDULE IS SCHEDULE "B" to the Agreement whi ch has been authori zed and
approved by By-law No, r:f6-~?of the Corporation of the Town of Newcastle.
enacted and passed the /r;c,-e day of /l-PkL 198~
PLAN OF SUBDIVISION
(copy of final plan prior to registration)
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 CORPORAT N F ~HE TOWN OF NEWCASTLE
In the presence of: }
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PLAN OF SUBDIVISION OF
PART OF LOT 9, CONCESSION 1
(ALSO KNOWN AS LOT 2 AND 8, BLOCK 2
C, G. HANNING'S PLAN)
TOWN OF NEWCASTLE
(FORMERLY TOWN OF BOWMANVILLE)
REGIONAL MUNICIPALITY OF DURHAM
(FORMERLY COUNTY OF DURHAM)
METRIC
DISTANCES SHOWN ON
THIS PLAN ARE IN METRES
AND CAN BE CONVERTED
TO FEET BY DIVIDING BY
0.3048
SCALE 1: 1000
SOm
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B.K, EDWARDS OLS
1986
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LOT
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SOUTHEAST CORNER
OF BLOCK 2 IN
C. G, HANNING'S PLAN
THE
KING
K/ NG'S
HIGHWAY
STREET
NO, 2
OWNER'S CERTIFICATE
NOTES
SURVEYOR'S CERTIFICATE
THIS IS TO CERTIFY THAT:
1. LOTS 1 TO 36 , BOTH INCLUSIVE,
STREETS NAMELY ORCHARD PARK DRIVE AND ROYAL PINES COURT
STREET WIDENINGS NAMELY BLOCKS 39 AND 40,
AND 0.30 RESERVES NAMELY BLOCKS 41,42,43 AND 44,
HAVE BEEN LAID OUT IN ACCORDANCE WITH OUR INSTRUCTIONS,
BEARINGS SHOWN HEREON ARE ASTRONOMIC, DERIVED FROM THE
BEARING (N1P30'50"W) OF THE WESTERLY LIMIT OF MEARN'S ROAD
IN ACCORDANCE WITH PLAN 1 OR-l 946
I CERTIFY THAT:
1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE
WITH THE SURVEY'S ACT AND THE LAND TITLES ACT AND
THE REGULATIONS MADE THEREUNDER,
2, THE SURVEY WAS COMPLETED ON DAY OF
~ DENOTES MONUMENT FOUND
-0- DENOTES MONUMENT PLANTED
SIB DENOTES STANDARD IRON BAR
IB DENOTES IRON BAR
1042 DENOTES EDWARDS & GUNN OLS
1106 DENOTES HENRY FLIM LTD OLS
NIN DENOTES PLAN ORIGIN UNKNOWN
P DENOTES PLAN 1 OR-l 946
DATED:
./~
2, THE STREETS AND STREET WIDENINGS ARE HEREBY DEDICATED AS
PUBLIC HIGHWAY,
DATED THE n'}--'x DAY OF nLo!!,JJi:M.~f 198'.
:E~W~S_T_~~trENT CORPORATION LIMITED
s~ES"m
CHECKED BY: R.J .ANDERSON, C.S.T.
B, K, EDWARDS
ONTARIO LAND SURVEYOR
B, K, EDWARDS SURVEYI NG LI MITED
ONTARIO LAND SURVEYORS
3333 BAYVIEW AVENUE
WILLOWDALE - ONTARIO
221-6717
PLAN 1 OM-
I CERTIFY THAT THIS PLAN 10M-
IS REGISTERED IN THE LAND REGISTRY OFFICE
FOR THE LAND TITLES DIVISION OF NEWCASTLE
(NO, 10) AT______O'CLOCK ON THE
_______DAY OF ____________ 19 __
AND ENTERED IN THE REGISTER(S) FOR PARCEL
__________,SECTION _________ AND
REQUIRED CONSENTS AND AFFADAVITS ARE
REGISTERED AS PLAN DOCUMENT NO, ________
LAND REGISTRAR
APPROVED
ASST, EXAMINER OF SURVEYS
THIS PLAN COMPRISES PART OF
PARCEL 9-1 ,SECTION CONCESSION-1
NEWCASTLE (BOWMANVILLEI
C U RV E DATA
LOT RADIUS ARC CHORD f:, BEARING
B 80,00 16,55 16,52 11"51'24' . N2soS0'OO.W
9 80,00 14,27 14,25 10"13'14" N36052'10'W
10 80,00 13.98 13,96 10000'43. N46059'OO.W
11 80,00 12,99 12,97 9018'02. N56<38'20"W
12 80,00 10,95 10.94 7050'34" ,l6s012'40"W
15 80,00 8,39 8,39 6000'30' N72"08'10"W
16 80,00 20,01 19,96 14019'53' N82"18'20"W
17 80,00 12,35 12,34 8050'37' N86"06'20"E
18 80,00 12,84 12,83 9011'56' N77005'10'E
23 60,00 20,27 20,18 19"21'28' N82"09'50'E
24 60,00 19,28 19,20 18024'56' N78056'50'W
25 60,00 0,64 0,64 0036'32' N69026'10'W
27 60,00 6,20 6,20 5"55'17" N66"10'20'W
28 60,00 20,40 20.31 19029'08" N53028 'OO"W
29 60,00 21. 60 21. 48 20037'35" N33024' 30"W
30 60,00 S 85 S.84 S034'S7" N20018'20"W
AREA TABLE
BLOCK AREA (SO, M,)
39 101,9
40 99,0
41 10,2
42 9,9
43 6,0
44 6,0
SURVEY BY: G, GELYK
DRAWN BY: G, GELYK
SCALE 1 : 1000
REF, NO,
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ALL MONUMENTS SHOWN PLANTED HEREON ARE
IRON BARS (lBI UNLESS OTHERWISE NOTED,
TRACED BY: K. RUDOLFS
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(';7 1986
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THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and
approved by By-l aw No, ~ -~7 0 f the Corporat ion of the Town of Newcast le,
enacted and passed the / 7~day of /W>~c.... 1986
CHARGES AGAINST SAID LANDS
(1) MUNICIPAL TAXES
NIL
(2) LOCAL IMPROVEMENT CHARGES
NIL
(3) ORA INAGE CHARGES
NIL
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
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~ STEPHEN PUS11l,
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L, R. : 10".2,86
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THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and
approved by By-law No,5'~--?7 of the Corporation of the Town of Newcastle,
enacted and passed the /~ day of /9~p2.. 198~
DEVELOPMENT CHARGES
The Owner shall pay to the Town development charges in the amount of $130,000,00
(calculated at the rate of $625.00 for each dwelling unit) which shall be paid
as fo 11 ows :
The total amount of the development charges for the Plan, or a particular stage
of the Plan, shall be calculated by multiplying the total number of units in the
particular stage of the Plan for which building permits are being sought by the
development charge per dwelling unit in effect at that time. Development
charges shall be payable in respect of each stage of the Plan as follows:
- 25% of the total amount of the development charges due for that stage of the
Plan prior to issuance of the first building permit;
- 25% of the total development charge due for that stage of the Plan, prior to
issuance of the building permit in respect of the dwelling unit representing
twenty-five percent of the total number of units within the particular stage
of the Plan, or upon the first anniversary of the issuance of the first
building permit, whichever occurs first;
- 25% of the total development charge due for that stage of the Plan, prior to
issuance of the building permit in respect of the dwelling unit representing
fifty percent of the total number of units within the particular stage of the
Plan, or upon the second anniversary of the issuance of the first building
permit, whichever occurs first;
- 25% of the total development charge due for that stage of the Plan, prior to
issuance of the building permit in respect of the dwelling unit representing
seventy-five percent of the total number of units within the particular
stage of the Plan, or upon the third anniversary of the issuance of the first
building permit, whichever occurs first.
For the purposes of this Schedule and the Agreement development charges actually
paid to the Town shall be applied in the first instance on a pro-rata basis
against all lots or blocks within the Plan upon which it is contemplated by this
Agreement that residences shall be built but, upon the issuance of the first
building permit and thereafter, the development charges shall be first applied
in full satisfaction of the development charges owing on the lots or blocks in
respect of which the building permits have been issued and the balance of any
development charges actually paid to the Town (if any) shall be applied on a
pro-rata basis against all lots or blocks within the Plan upon which it is
contemplated by this Agreement that residences shall be built but for which no
building permit has been issued.
For the purposes of this Schedule and the Agreement the number of building
permits issued shall be the aggregate of all building permits issued with
respect to any lot or block within the Plan whether issued to the Owner or any
other person.
The Town shall review 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.
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The Owner hereby acknowledges and agrees to such annual adjustment and further
agrees that such adjusted development charges shall be applicable to all lots or
blocks within the Plan for which development charges remain due,
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED }
In the presence of: }
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L ,R. : 26,2,85
F NEWCASTLE
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THIS SCHEDULE IS SCHEDULE "EII to the Agreement which has been authorized and
approved by By-1 aw No. 36 - ~ 7 of the Corporati on of the Town of Newcast1 e,
enacted and passed the / ~ day of ~..e/~ 198 '"
GRANTS OF EASEMENTS TO BE DEDICATED
The Owner shall deliver to the Town in a form satisfactory to the Town the
following easements:
(by reference plan)
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) THE TOWN OF NEWCASTLE
In the presence of: )
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) MAYOR
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L.R.: 26,2,85
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THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been author; zed and
approved by By-law No, ~-~7of the Corporation of the Town of Newcastle,
enacted and passed the I'yft::-day of /?p,Je,/c_ 1986
LANDS AND/OR CASH TO BE DEDICATED
(1) DEDICATION OF LANDS'
The Owner shall deliver to the Town in a form satisfactory to the Town,
deeds to the following land: (description) Reference should be made to
blocks on M-Plan not draft plan.
Block A: Open Space and Conservation
Block B: Parkland
Blocks C & D: Walkways (unless otherwise revised)
Blocks G,H,I,J & K: Road Widenings
Blocks L,M,N,O,P,Q & R: 0.3 metre Reserves
Block S: Hydro Electric substation
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the d~ and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
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loR,: 26.2,85
THE TOWN OF NEWCASTLE
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THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized and
approved by By-law No. J?6-~1 of the Corporation of the Town of Newcastle,
enacted and passed the /~;L day of ~~~ 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 stonn water and
storm water originating within the said lands, including storm sewer mains,
manholes, service connections, catchbasins and leads, open channels, storm
outfa1ls 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 stonn water from the said
lands.
2. ROADWAYS
The Owner shall construct and install the following services on the various
street, shown on the Plan as follows:-
(a) widths to be applied to the following streets:-
(i) Streets A to H inclusive: 20 metres
(b) The grading and paving of all streets, including the installation of
Granular "A" and Granular "B" material to provide a proper base for paving,
shall be as per the Town of Newcastle Design Criteria & Standard Drawings.
(c) The Owner shall construct curbs and gutters on both sides of all streets,
as per the Town of Newcastle's Design Criteria and Standard Drawings.
(d) The Owner shall construct, install and maintain complete sidewalks in
accordance with the Town of Newcastle's Design Criteria and Standard
Drawings, on the following locations:-
(i) Street A abutting lots 1-20 inclusive, 90,109,129,140 & 146;
(ii) Street B abutting Lots 34 & 35;
(iii) Street C abutting lots 55-89 inclusive;
(iv) Street D abutting lots 1 & 110 to 128 inclusive;
(v) Street F abutting lots 141 to 152 inclusive and lots 207 & 208.
(e) The Owner agrees to the grading and paving of all driveways between the
curbs and sidewalks, in accordance with the Town of Newcastle's Design
Criteria and Standard Drawings. The grading and paving of all driveways
between the curbs and sidewalks, where sidewalks are installed, and in all
other cases, the grading and gravelling of the driveway between the curbs
and the lot lines.
(f) The Owner agrees to construct, install and maintain Street Lighting, in
accordance with the Town's specifications, on all streets and walkways, to
the satisfaction of the Director of Public Works.
(g) The Owner agrees to the topsoiling and sodding of the boulevards between
the curbs and the property line, as according to the Town of Newcastle's
Design Criteria and Standard Drawings to the satisfaction of the Director
of Public Works.
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(h) The Owner agrees to supply, install and maintain traffic signs and
permanent street-name slgns, in accordance with the Town's 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, as per the Landscaping Plan and in
accordance with the Town of Newcastle's Design Criteria and as approved by
the Director of Public Works. Tree species to be to the satisfacton of
the Director and 2 to 2,5 metres in height and 3cm caliper, staked and
bagged if necessary,
3, PEDESTRIAN WALKWAYS
The Owner agrees to construct, install and maintain completed pedestrian
walkways, including all appurtenant fencing and lighting, in accordance with
Engineering Drawings to be approved by the Director of Public Works, and shall
be:
(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 circle(s) required by
the conditions of draft plan approval in accordance with the Town's Standard
Drawings, and construct and maintain such turning circles in accordance with the
Town's Design Criteria and Standards Drawings, approved by the Director of
Public Works, Such temporary turning circle shall be shown on the final plans
as a block and shall be held by the Town until the extension of street 'F' 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 IIQII, the Owner shall construct,
install and maintain certain conservation works within this Plan, such as
retaining walls, drainage channels and watercourse channelization works,
including all appurtenant fences and all other apparatus, in accordance with the
Engineering Drawings approved by the Director of Public Works,
6, LOT GRADING
The Owner agrees to rough-grade all blocks and parks, according to the Tree
Preservation Plan and the Lot Grading Plan, to the satisfaction of the Director
of Public Works and in the case of parks, to the satisfaction of the Director of
Community Services,
7, FENCING
The Owner agrees to supply, erect and maintain fencing in accordance with
Engineering Drawings to be approved by the Director of Public Works.
The following locations for fencing are required along the boundaries of:
(i) reverse frontage of lots;
(i1) walkways;
(iii) park or open space blocks,
L.R.: 11.3.85
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8. EXTERNAL WORKS
The Owner agrees to pay one-quarter of the Town's cost of reconstruction of
Concessi on Street and Mearns Avenue abutting ~ 1 ands. The reconstruct ion
program will include:
(a) (i)
( i i)
(iii)
(iv )
(v)
( vi)
(v i i)
Storm sewer system and all appurtenances
Installation of Granular "A" and "B" and paving to a pavement
width of 14 metres
Curb and Gutters and Sidewalks
Sodding of boulevards
Paving of driveway approaches
Street lighting
Any Regional works required.
(b) All work to be completed to the Town of Newcastle's Design Criteria and
Standard Drawings and as per the Engineering Drawings approved by the
Director of Public Works.
(c) The Owner agrees to supply and erect screen planting to the satisfaction
of the Director of Public Works, in the following locations. (The trees
are to be spaced at 3 metre intervals):-
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED SEALED AND DELIVERED
) THE CORPORATION OF T. E TOWN OF NEWCASTLE
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L.R.: 26.2.85
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:. ':tHIS SCHEDULE IS SCHEDULE lIHlI to the Agreement which has been authorized and
'. ipproved by By-law No. c:F6 -V 70f the Corporation of the Town of Newcastle,
enacted and passed the /1 day of ~~/L 198 ~
UTILITIES REQUIRED
3Y
1. ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for
the design, provision and installation of an electrical supply system to serve
the lands, in the locations as approved by the Director. All electrical
services are to be installed underground.
The Owner shall also make any necessary arrangements with any T,V. Cable Campany
in order that the installation of any such system shall take place so far as
possible contemporaneously with the installation of other services so as to
cause minimum disruption of municipal services.
2. STREET LIGHTING SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for
for the design, provision and installation of a complete street lighting system
to serve the said Lands on behalf of the Town in whose ownership the system
shall vest upon completion 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. Furthermore, prior to development of lots 9-11,21-27 & 61-62, the
Owner agrees to relocate to the satisfaction of Bell Canada the existing Bell
Telephone easement and associated cables,
4, GAS SUPPLY SYSTEM
The Owner shall arrange with an appropriate gas company for the design,
provision and installation of a complete gas supply system to serve the said
Lands, including gas mains, and all appurtenant manholes, laterals, service
connections, apparatus and equipment in the locations as approved by the
Director.
5. CABLE TELEVISION
The Owner shall arrange with the Cable Television Company having authority to
provide its services within the area of the Plan of Subdivision for the 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 provlslon and installation of a
mail distribution system to service the said lands, in the location as approved
by the Di rector.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
) OF THE TOWN OF NEWCASTLE
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L.R,: 03.02.86
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THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been authorized and
approved by By-law No,c::F6-~? of the Corporation o~the Town of Newcastle,
enacted and passed the /'?' day of ~p ;2/<- 198,==,
DUTIES OF OWNER'S ENGINEERS
1. DESIGN WORKS AND PRIVATE WORKS
The Owner's Engineers shall prepare the following for the approval of the
Di rector:
(a) the Engineeering Drawings;
(b) the Grading and Drainage Plan;
(e) the Landscaping Plan;
(d) the Schedule of Work;
(e) the Staging Plan;
(f) the Works Cost Estimate; and
(9) 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 fo 11 owi ng:
(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,: 26,2,85
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6, PREPARE AS CONSTRUCTED DRAWINGS
-'74
The Owner's Engineer shall prepare the As-constructed Drawings for the approval
of the Director,
IN WITNESS WHEREOF the parties hereto have hereunto ~et their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers dUly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
L. R, : 26.2,85
) THE CORPORATION OF THE TOWN OF NEWCASTLE
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THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been authorized and
app roved by 8y-l aw No. ~ -7/7 of the Corpora tion of the Town of Newcastle,
enacted and passed this /'1' day of #-P.E/'<:"" 198'='
COST ESTIMATES
ESTIMATED COST OF WORKS (PHASE I)
STORM SEWERS (including pipes, manholes, catchbasins and
connections, headwalls and appurtenances
Mearns Avenue and Internal Roads)
$ 95,325,99
$ 90,061.12
$ 55,425,60
$ 2,100.00
$ 300,00
$ 8,000,00
$ 10,267,00
$ 10,280.00
$ 39,223,91
$ 310,983.62
ROADS (including fine grading, Granular bases,
asphalting, curbs and gutters, sodding
boulevards, sidealks, street trees & signs)
ROUGH GRADING
BELL CABLE RELOCATION
STREET LIGHTS
ENGINEERING & CONTINGENCIES
TOTAL ESTIMATED COST OF SERVICES
The Performance Guarantee has been based on Preliminary Estimates only,
and, when the final Engineering Drawings have been approved by the Director of
Public Works, a revised Cost Estimate of the Works, Underground Hydro,
Engineering and Contingencies shall be prepared by the Owner's Engineer and
submitted to the Director of Public Works for his approval. This revised Cost
Estimate shall be used as a basis to adjust the Performance Guarantee, if the
Estimate increases or decreases,
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf,
SIGNED, SEALED AND DELIVERED )
In the presence of: )
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L,R. :
10.2.86
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THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been authorized and
approved by By-law No, ~ ~~ of the Corporation of the Town of Newcastle,
enacted and pas sed th is I' Y day of #JP;ie/~ 1986
INSURANCE POLICIES REQUIRED
1, TYPES OF COVERAGE REQUIRED
The Owner shall obtain and maintain insurance of the character commonly referred
to as public liability and property damage with an insurance compa~ approved by
the Municipal Teasurer and duly authorized by law to underwrite such insurance.
Such policy or policies of insurance shall indemnify the Town against all
damages or claims for damages for:
(a) any loss or damage that shall or may happen to any of the Works or any of
the Utilities or to any part or parts thereof respectively; and
(b) any loss or damage that shall or may happen to any of the materials or any
of the equipment or any other things used to construct or install any of
the Works or any of the Utilities or any part or parts thereof
respectively; and
(c) any injury to any person or persons including workmen employed on the said
Lands and the public; and
(d) any loss or damage that shall or may result from the storage, use or
handling of explosives; and
(e) any loss or damage that shall or may result from the drainage of surface
waters on or from the said Lands; and
(f) any loss or damage that shall or may result from the disposal of effluent
from any sewage disposal works; and
(g) any loss or damage that shall or may happen to any public road or to any
other property of the Town or to the property of any other person either
directly or indirectly by reason of the Owner undertaking the development
of the said Lands together with any or all of the Works and Utilities
pertaining thereto,
2. AMOUNTS OF COVERAGE REQUIRED
Policy or policies of insurance shall be issued jointly in the names of the
Owner and the Town and shall provide the fOllowing minimum coverages:
(a) $1,000,000.00 for loss or damage resulting from bodily injury to, or death
of anyone person; and
(b) $2,000,000,00 for loss or damage resulting from bodily lnJury to, or death
of, two or more persons arising out of the same accident; and
(c) $1,000,000.00 for anyone occurance of property damage.
The issuance of such policy or policies of insurance shall not be construed to
relieve the Owner from responsibility for other or larger claims for which it
may be held responsible.
3, EXEMPTION OF COVERAGE PROHIBITED
The policy or polices of insurance shall contain no coverage exemptions or
limitations for:
(a) any shoring, underpinning, raising or demolition of any building or
structure; or
(b) any pile driving or caisson work; or
L. R . : 26.2.85
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l'
(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 )
In the presence of: }
)
)
)
)
)
)
)
)
)
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THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been authorized and
approved by By-law No. ~-cr7 of the Corporation of the Town of Newcastle,
enacted and passed thi s /1' day of ~L 19&G.
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.
fill
3. DUMPING OF FILL OR DEBRIS
The Owner agrees to neither dump, or permit to be dumped, any fill or debris on,
nor to remove, or permit to be removed any fill from any lands to be dedicated
to the Town other than the roads within the limits of the said Lands, without
the written consent of the Director.
4, DISPOSAL OF CONSTRUCTION GARBAGE
All construction garbage and debris from the said Lands must be disposed of in
an orderly and sanitary fashion in a dumping area off the said Lands provided by
. the Owner and approved by the Director, The Town shall not be responsible for
the removal or disposal of garbage and debris. The Owner agrees to deliver a
copy of this clause to each and every builder obtaining a building permit for
any part of the said Lands.
5, QUALITATIVE AND QUANTITIVE TESTS
The Owner agrees that the Town may have qualitative or quantative tests made of
any materials or equipment installed or proposed to be installed. The costs of
such tests shall be paid by the Owner,
6, MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS
The Owner shall, at all times during the life of this Agreement ensure that all
public roads abutting the said Lands and all public roads used for access to the
said Lands, during any construction on the said Lands, shall be maintained in a
condition equal to that now existing and to the approval of the Director. The
Owner shall maintain, at all times, all such roads free of dust and mud
originating from the lands during the course of construction. If damaged, the
Owner agrees to restore immediately, and at its own expense, such road to a
condition equal to that existing at the time of such damage and to the approval
of the Director. No public road outside the limits of the said Lands shall be
closed without the prior written approval of the authority having juriSdiction
over such public road, The Owner agrees not to use or occupy any untravelled
portion of any public road allowance without the prior written approval of the
authority having juriSdiction over such public road allowance.
7. MAINTENANCE OF INTERNAL ROADS
The Owner shall, prior to the placement of the base course of asphalt on any
road required to be constructed under this Agreement, remove any contamination
of the granular base course and repair and replace such base course, where
necessary, to the approval of the Director, in order that the construction of
such road shall not have suffered due to any use of the granular base course as
a temporary road.
Similarly, the Owner shall, prior to the placement of the surface of asphalt on
any road required to be constructed under this Agreement, clean the base course
of asphalt and repair and replace such base course where necessary.
L. R, : 03.02 .86
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8. WEED AND RAT CONTROL
\-V3
- 2 -
After the commencement of construction the Owner shall institute upon the Lands
a programme of weed and rate control to the satisfaction of the Director.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the d~ and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED. SEALED AND DELIVERED
In the presence of:
L,R,: 26,2.85
) THE CORPORATION OF H T WN OF NEWCASTLE
)
)
) MAYOR
)
)
) CLERK
)
) fl
) PENWESTi EVELOPM
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THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been authori zed and
approved by By-law No. ~b-Cf? of the Corporation of the Town of Newcastlet
enacted and passed this /~day of #r>,i!~L. 198~
USE OF SAID LANDS
The Owner agrees that the said lands shall not be used for any purpose other
than as set out in the following table:
LOT OR BLOCK NUMBER
LAND USE
ALL
In accordance with the provisions
of Zoning By-law 84-63, as amended,
of the Town of Newcastle,
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the d~ and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf,
SIGNED, SEALED AND DELIVERED
In the presence of:
o ATION LTD.
STEPHEN pusrrl,
vL~5 KoFM'9A.J liS T.AZ.U5r~
L.R.: 26.2,85
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THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been authorized and
approved by By-law No, J6-<r7 of the Corporation of the Town of Newcastle,
enacted and passed this /t::(" day of /f'iP~r<- 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 160 to 184 inclusive - Construction of Street F northerly from Lot 160
and Lots 191 to 206 inclusive to Concession Street
Blocks E & F - to be developed in conjunction with adjacent
lands
lots 9-11, 21-27, 61, 62 - relocation of Bell Telephone easement and cables
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers dUly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: }
}
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C~
STEPHEN PUSTIl, Pre 'dent
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THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and
approved by By-law No. g6~7 of the Corporation of the Town of Newcastle,
enacted and passed thi s tcrFLday of /!-?,I!'!:c~ 19ab
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 fo11O\\,;ng 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
-N I L-
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf,
SIGNED, SEALED AND DELIVERED
In the presence of:
) THE CORPORAT 0 OF THE TOWN OF NEWCASTLE
)
)
)
)
)
)
)
)
) TION LTD,
)
)
)
) I
) STEPHEN PUSTll, Preeidtnt
~~~
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L.R,: 26.2.85
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THIS SCHEDULE IS SCHEDULE ~P~ 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 / <TA:; day of ~~/c_ 1986,
OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED
AND/OR EXTERNAL SERVICES
1, EXTERNAL ROAD SYSTEMS:
Estimated cost of reconstructing Mearns Avenue and Concession Street to Urban
Arterial Standard abutting the subject lands is $ 503,370,00
The Owner agrees to pay 25% of the aforesaid sum, which payment shall be phased
in accordance with the number of units in each phase registered and paid prior
to the issuance of any Authorization to commence for such phase, For the
purposes of this Agreement, the Owner's share may be apportioned on a per unit
basis equal to $ 593,60,
The above figure represents the estimated road construction cost based on the
engineering drawings as outlined in Schedules 'G' & 'JI and approved by the
Director of Public Works, Upon completion of the road construction, the above
estimated cost shall be updated to reflect the las constructed' costs and
sUbsequently be approved by the Director of Public Works.
There shall be no reimbursement by the Town to the Owner for improvements to the
external roads.
2, STORM DRAINAGE:
The Cost Estimates for storm sewer works, speci fied by Schedule ~G", are
included in Schedule "J".
There is no oversizing involved in Phase 1,
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
) THE CORPORATI N F THE TOWN OF NEWCASTLE
)
)
)
)
)
)
)
)
) PENWEST DEVELOPMENT CORPORATION LTD.
)
)
)
) STEPHEN PUSTll.
)
)
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THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which
approved by By-law No. t56-r7 of the Corporation
enacted and passed thi s / r day of #,P.A!/"c-
has been authorized and
of the Town of Newcastle,
198~
CONSERVATION WORKS
l,a) That no grading, filling or construction are to occur on the site without
the written approval of the Central Lake Ontario Conservation Authority
(C.L.O.C.A.);
b) That prior to the initiation of any grading filling or construction on the
site, the owner shall have prepared a phased development plan acceptable to
the Town and C,L,O,C,A. which indicates phased area grading, minimizes the
extent to which the site is devoid of vegetation during each
grading/construction phase, and provides for the on-site containment of
sedimentation;
c) That prior to initiating any grading, filling or construction west of the
line that would result from the northward extension of street A, a snow
fence is to be erected and maintained in good repair until all development
activities including landscaping are completed, along the western limits of
lots 185, 184, Street G, lots 198, 199, 163 and 162, and northern limits of
Street F, generally around the eastern limits of block A, and along the
rear limits of lots 10 to 20 in order to protect open-space areas from
development activities. No grading or filling is permitted in block A;
d) That prior to final approval of the plan the owner shall prepare and submit
to the Town for approval:
i) lot grading plans for lots 141 to 143, 95 to 101 and 118 to 124 and 10
to 20 which indicate existing and proposed grades, site drainage and
vegetation;
ii) engineering drawings of the proposed stormwater management system for
the site which minimizes potential increases in the volume and rate of
runoff and maintains existing water quality in the Soper Creek.
2, That the owner agrees in the subdivision agreement:
a) Not to oppose the by-law provision noted in condition 13 of the Minister's
conditions of Draft Approval;
b) To carry out or cause to be carried out:
i) the phased development and erosion control plan mentioned in condition
20 a) 2) as approved by C.L.O,C.A,;
ii) the erecting and maintaining of snow fenCing as noted in condition 20
a) 3);
iii) lot grading plans for those lots noted in condition 20 a) 4) i);
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf,
SIGNED, SEALED AND DELIVERED)
In the presence of: )
)
)
)
)
)
)
)
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L.R.: 26,2,85
) ".s 7tl./)'J'C6e
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THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authorized and
approved by 8y-1 aw No. c96 -~f' of the Corporation of the Town of
Newcastle, enacted and passed this / yr,a!. day of ~fi:/<- 198~
ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT
Estimated Costs of Works
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
Fees
4% to a MAXIMUM OF $4,000.00
$4,000.00 or 3.5% of the estimated
cost of services - whichever is
greater
$17,500,00 or 3% of the estimated
cost of services - whichever is
grea ter
$30,000,00 or 2.5% of the
estimated cost of services _
whichever is greater
$50,000.00 or 2,25% of the
estimated cost of services _
whichever is greater
$67,500,00 or 2% of the estimated
cost of services - whichever is
greater
For the purposes of this Schedule cost estimates as 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 I is
$ 9,152.25
The aforesaid amounts to be paid prior to issuance of the authorization 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,
)
)
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SIGNED, SEALED AND DELIVERED
In the presence of:
L. R , : 10 . 02 , 86
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8.TEPHEN PUSTlL,
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THIS SCHEDULE IS SCHEDULE "S" to the Agreement which
approved by By- 1 aw No, ,St. - ~7 of the Corporation
enacted and passed thi s / r day of /"f'-,,;P;ti!/L
has been authorized and
of the Town of Newcastle,
1986
MINISTER'S/REGION'S CONDITIONS OF DRAFT PLAN APPROVAL
Attached hereto as Appendix 1
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED)
In the presence of: )
)
)
)
)
)
)
)
)
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L.R.: 26.2.85
I
. .
Municipal Affairs
and Housing
777 B~~ Street
14th Floor
ToronlO. Onlario
MSG 2ES
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8ntario
nt II tI~ '-IY VI
August 31, 1984
SEP 1 1 198/
TOWN OF NEWCASTLE
PLANNING DEPARTMENT
, ~~[;IEaWJEJD)
SEP " 1984
Mr. Dennis A. Trinaistich
P.O. Box 451
Toronto Dominion Centre
Toronto, Ontario
MSK lMS
TO~'jIi "!r. :!'-~CAS!lt
CLU,,','.: ...~NT
Subject:
Draft Plan of Subdivision
Penwest Development Limited
Town of Newcastle
Our File No. l8T-7601l
Your File No. 49469
Dear Mr. Trinaistich:
In response to your letter of August 16, 1984 and
further to a number of telephone conversations,
please be advised that we have now received
confirmation from the Town of Newcastle that
they are no longer requesting the deletion of
conditions 20a 4ii) and 20b 2iv).
Accordingly, condition 20 as amended on October
16, 1981, remains as it was written and must be
cleared by the Central Lake Ontario Conservation
Authority and the Town of Newcastle before the
plan is given final approval.
~.
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Ron Rienas
Planner
Plans Administration Branch
cc: Town of Newcastle ~
Central Lake Ontario Conservation Autho
DISTRIBUTION
CLERK ...........:Do._.._........
ACK. By.................................
CRIG!l\iM. TO:......................,
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COP.~S TO:
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Ontario
Ministry of -,-,-,
Municipal Affairs
and Housing
~~tlEr ~!Er
JUN 20 198
N OF NEWCASTle
PLANNING OEPARTMEN
777 Bay Street
t4th Floor
Toronto. Ontario
M5G 2E5
~
June 11, 1984
Mr. Conroy Dowson, M.C.I.P.
Planning Consultants Incorporated
90 Eglinton Avenue West
Suite 225
Toronto, Ontario
M4R 2E4
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TO~. Of "ft'l(.Anl~:
CL[M~ J~PA~T~ENT
Subject:
Penwest Subdivision
Town of ~Stl~
Pile--No, _18~-76011 .
Dear Mr. Dowson:
Further to your request and pursuant to Section
36(12) of the Planning Act, conditions of draft
approval of the above subdivision are revised as
follows:
Condition 1 is deleted and replaced with the
following:
"1. That this approval applies to draft plan
No. 75/17/4 by Conroy Dowson Planning
Consultants Incorporated, dated and red
lined May 2, 1984, Showing 212 single family
dwelling lots, blocks A and D for Park and
open space, Block C for a walkway, Blocks
E and F for development in conjunction with
adjacent land, Blcoks G,H,I,J and K for road
widening, Block S for an electrical substation
.and various 0.3 m reserve blocks".
Condition 9 is amend by deleting the last sentence.
Condition 20(a) (4)i is amended by deleting the words
"141 to" in the first line.
/
P.
enior Planner
Plans Administration Bran~
cc: Town of Newcastle V
Region of Durham
CLOCA
DISTRIB . ION
CLERK .m... '___
ACK. BY......._........_.__
ORIGINAL TO:.. . . ..._.........
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C PIES TO:
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Ministry of
Municipal Affairs
and Housing
416/965-6418
Plans Administration
Division
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56 Wellesley St. W.
Toronto, Ontario <C~
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OCT 28 1981
Conroy Dowson Planning
Consultants Incorporated
90 Eglinton Avenue West
Suite 225
Toronto, Ontario
M4R lA2
TOWH Cor n:~NCA51U
PLANN C; DfPARTMErH
Subject:
Town of Newcastle
Lot 9, Concession 1
(Town of Bowmanville)
Our File No. 18T-76011 (Revised)
Dear Sir:
Under section 36(12) of The Planning Act, the
minister's conditions of draft approval dated
January 29, 1981, are amended to reflect the
changes shown on the attached plan, as follows:
Condition 1 is amended by replacing it with the
following:
Condition 1
That this approval applies to the draft plan No.
75-17-4 by Conroy Dowson Planning Consultants
Incorporated dated April 22, 1981, which shows
208 single family residential lots, Blocks 'A', 'B',
and 'D' for Park and Open Space, Block 'c' for
Walkway, Blocks 'E' and 'F' for development in
conjunction with adjacent lands, Blocks 'G', 'H',
'I', 'J' and 'K' for road widening purposes, Blocks
, L', 1M', ' N I, I 0', 'P', ' Q', and 'R ' for O. 3 metre
reserves and Block'S' for an Electrical Substation.
Condition 13 is amended by deleting the last sentence.
Condition 20 is amended by replacing it by the
follo~ing:
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Condition 20
20. a) 1. That no grading, filling or construction are
to occur on the site without the written
approval of the Central Lake Ontario
Conservation Authority (C.L.O.C.A.);
2. that prior to the initiation of any grading
filling or construction on the site, the owner
shall have prepared a phased development plan
acceptable to the C.L.O.C.A. which indicates
phased area grading, minimizes the extent to
which the site is devoid of vegetation during
each grading/construction phase, and provides
for the on-site containment of sedimentation;
3. that prior to initiating any grading, filling
or construction west of the line that would
result from the northward extension of
street A, a snow fence is to be erected and
maintained in good repair until all development
activities including landscaping are completed,
along the western limits of lots 185, 184,
Street G, lots 198, 199, 163 and 162, the
northern limit of Street F, generally around the
eastern limits of block A, and along the rear
limits of lots 10 to 20 in order to protect
open-space areas from development activities.
No grading or filling is permitted in block A;
4. that prior to final approval of the p+an the
owner shall prepare and submit to the'C.L.O.C.A.
for approval:
i) lot grading plans for lots 141 to 143, 95
to 101 and 118 to 124 and 10 to 20 which
indicate existing and proposed grades,
site drainage and vegetation;
ii) engineering drawings of the proposed stormwater
management plan for the site which minimizes
potential increases in the volume and rate
of runoff and maintains existing water quality
in the Soper Creek.
b) That the owner agrees in the subdivision
agreement:
1. not to oppose the by-law provision noted in
condition 13;
2. to carry out or cause to be carried out:
i) the phased development and erosion
control plan mentioned in condition
20 a} 2) as approved by C.L.O.C.A.;
ii} the erecting and maintaining of snow
fencing as noted in condition 20 a} 3};
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iii) lot grading plans for those lots
noted in condition 20 a} 4) i} ;
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iv) the stormwater management plan for the
site as approved by the C.L.O.C.A.
mentioned in condition 20 a) 4) ii).
If you have any questions please call Hilkka Salonen,
the area planner, at (416) 965-6418.
Yours truly,
J. Malcolm
Senior PIa ner
Community anning Review Branch
cc: Owner
O.L.S. ~
Newcastle Planning Department~
Region Planning Department
M.O.E. (Central)
M.N.R. (Lindsay)
C.L.O.C.A.
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Plan~
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Division
416/96 18
56 Wellesley Street West
8th Floor
Toronto, Ontario
M7A 2K4
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January 29, 1981
Mr. Kaufman
Penwest Dev. Corp. Limited
Suite 2812
390 Bay Street
Toronto, Ontario
M5H 2Y2
Subject:
Town of Newcastle
Lot 9, Con. 1
(Town of Bowmanville)
Agent: Conroy Dowson Planning
Consultants , Toronto, Onto
File No: 18T-760ll
Dear Mr. Kaufman:
The above draft plan has been approved subject to
the amendments and conditions noted. A copy, signed
by the minister, is enclosed.
When the survey has been completed and the final plan
prepared; the following should be forwarded to this
ministry:
(a) the original
(b) three mylar copies
(c) one opaque
(d) three white paper prints
Under section 33(12a) of The Planning Act, if this
plan is not given final approval by the minister
within three years of the date of this letter, the
draft approval shall lapse. However, the minister
may, on request, extend the period of the draft
approval.
Yours truly,
c.c. Agent
O.L.S.
Region
Town of Newcastle V
MNR
CLOCA
MOE
OHAP
Bell
CSB
R.C.S.S.
D. Lindsay
Planner
Community Planning Review Branch
Encl.
1121 (80-9)
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File No: 18T-76011
The Minister's conditions and amendments to final plan
approval for registration of this subdivision
file no: l8T-76011 are as follows:
--------
'No.
Conditions
---_.------------~
1. That this approval applies to the draft plan, drawing
number 75-17-3, by Marshall, Macklin, Monaghan Ltd.,
Ontario Land Surveyors, dated March 26, 1979, as
revised June 1, 1979, October 9, 1979, October 12, 1979,
and further revised in red to show a total of 236 single
family residential lots, 2 blocks for open space,
1 block for walkway, 1 block for park, 2 blocks to
be developed in conjunction with adjacent lands,
1 block for an electric sub-station and 1 block to
be set aside for future development.
2. That the Block designated Street '0' of Plan 18T-76038
shall be dedicated on the final plans as public
highway.
3. That Blocks 'G', 'H', 'I', 'J' and 'K' shall be
dedicated as public highways for road widening purposes.
4.
That Blocks 'L', 'M', 'N', '0', 'P', 'Q' and 'R'
shall be conveyed to the Town of Newcastle as 0.3
metre reserves.
5. That the road allowances included in this draft
plan shall be dedicated as public highways.
6. That the streets shall be named to the satisfaction
of the Town of Newcastle and the Regional Municipality
of Durham.
7. That a temporary turning circle adjacent to the
0.3 metre reserve abutting Street 'F' be shown on the
final plans as a block. This shall be conveyed to
and held by the municipality until the extension of
the road allowance, when the block shall be conveyed
without charge to the owners of abutting lots.
8. That Block 'e' as outlined on the draft plan shall be
dedicated as public walkway.
9. That the owner conveys up to 5% of the land included
in the plan to the municipality for park purposes
under section 33(5) (a) of The Planning Act. This shall
include Block 'B'.
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File No: 18T-76011
----- ----_._---------
No. Conditions Continued
-------------- --------
10. That Blocks 'A' and 'D' as outlined on the draft
plan shall be conveyed to the Town of Newcastle for
conservation and open space purposes.
11. That Block '5' shall be conveyed to the Newcastle
Power Commission for an electrical substation.
12. That the town and the owner in consultation with
Bell Canada agree in the subdivision agreement that
prior to development the existing Bell Telephone
Easement on the site, and associated cables thereon,
shall be relocated, to the satisfaction of Bell
Canada.
13. That the necessary amendment to the Restricted Area
(Zoning) By-law of the former Town of Bowmanville
shall be approved by the Ontario Municipal Board.
Further, the Restricted Area (Zoning) By-law shall
prohibit buildings and structures in Block 'A' other
than those required for flood or erosion control.
The Restricted Area (Zoning) By-law shall place
Block 'T' in a holding category, to be reserved for
future development.
14. That the subdivision agreement between the owner
and the municipality contain a provision that Blocks
'E' and 'F' shall not be developed except in conjunction
with adjacent lands as specified in the agreement.
15. That the owner agrees in writing to satisfy all
the requirements, financial and otherwise, of the
Town of Newcastle concerning the provision of
roads, installation of services and drainage.
16. That the owner agrees in writing to satisfy all
the requirements, financial and otherwise, of the
Regional Municipality of Durham concerning the
provision of roads, installation of services and
drainage.
17. That such easements as may be required for utility
or drainage purposes shall be granted to the appropriate
authority.
18. That the development of the plan be phased to the
satisfaction of the Town of Newcastle and the Regional
Municipality of Durham.
(Cont'd.)
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File No: 18T-76011
No.
Conditions Continued
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19. That prior to final approval the owner demonstrate
to the satisfaction of the Ministry of the Environment
and the Regional Municipality of Durham that there
is an adequate sewage treatment and capacity to
service this development.
20. That the subdivision agreement between the owner
and the municipality contain the following provisions,
with wording acceptable to the Ministry of Natural
Resources and the Central Lake Ontario Conservation
Authority wherein the owner agrees:
a) before commencing any grading, filling,
or construction on the site, to have prepared
a phased development plan acceptable to
the Central Lake Ontario Conservation
Authority which will show:
(i) the phased area grading:
(ii) the means whereby the extent to
which the site is devoid of vegetation
during each grading/construction
phase is minimized: and
(iii)the means whereby sedimentation will
be contained and minimized during
each grading/construction phase.
b)
prior to final approval of the plan, to
have prepared a detailed report, drawings
and site plans acceptable to the Central
Lake Ontario Conservation Authority, the
Ministry of Natural Resources and the Town
of Newcastle, which will show:
(i) existing and proposed grades, site
drainage and vegetation for lots 168
to l70 inclusive, lots 113 to 120
inclusive, lots l40 to 148 inclusive
and lots 12 to 25 inclusiveJ
(ii) the means whereby storm drainage will
be accommodated, the means whereby
increases in the volume and run-off
will be minimized, and the means
whereby the existing water quality
in the Soper Creek will be maintained.
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File No: 18T-76011
No.
Conditions Continued
---.---.----------- ------.....
21.
22.
24.
c) to carry out or cause to be carried out
the works recommended in the reports and
plans described in condition 20 (a) and (b).
d) to erect snow fencing prior to initiating
any grading, filling or construction
west of the line that would result from
the northward extension of Street 'A'.
The fencing is to be erected along the
western limits of lots 233, 232, Street 'G',
lots 219, 2l8, 195 and 194, the northern
limit of Street 'F', around the eastern
limits of Block 'A', and along the rear
limits of lots 12 to 25 inclusive. The
fencing shall remain in place, and in good
repair until all grading, construction
and landscapting on abutting lands has been
completed to the satisfaction of the
Central Lake Ontario Conservation Authority.
No grading, filling or alteration of
existing vegetation is permitted in Block 'A'.
e) that no grading, filling or construction
is to occur on the site without the
written approval of the Central Lake
Ontario Conservation Authority.
That the subdivision agreement between the owner
and the municipality be registered against the lands
to which it applies once the plan of subdivision
has been registered.
\
That before the Minister's final approval is given
we are to be advised in writing by the Town of
Newcastle how conditions 2,3,4,5,6,7,8,9,10,11,12,13,
14,15,17,18,19, 20& 21 have been satisfied.
23.
That before the Minister's final approval is given
we are to be advised in writing by the Regional
Municipality of Durham how conditions 6,16,17,18,19
and 21 have been satisfied.
That before the Minister's final approval is given
we are to be advised in writing by the Ministry of
Natural Resources how conditions 13 and 20 have
been satisfied.
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File No: l8T-7601l
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No.
Conditions Continued
--------------------- ---...
25. That before the Minister's final approval is given
we are to be advised in writing by the Central Lake
Ontario Conservation Authority how conditions l3 and
20 have been satisfied.
26. That before the Minister's final approval is given
we are to be advised in writing by the Ministry of
the Environment how condition 19 has been satisfied.
NOTES:
1. We suggest you make yourself aware of:
(a) section l60a(l) of The Land Titles Act, which
requires all new plans be registered in a land
titles systemJ
(b) section 160(2) allows certain exceptions.
2. It is suggested that the municipality register the
subdivision agreement as provided by section 33(6)
of The Planning Act against the land to which it
applies, as notice to prospective purchasers.
3. Where agencies involved in subdivi~ion agreement
A copy of the subdivision agreement shall be sent
to:
The Regional Municipality
of Durham
605 Rossland Road East
Whitby, Ontario
LIN 6A3
The Central Lake Ontario
Conservation Authority
l650 Dundas Street East
Whitby, Ontario
LIN 2K8
Ministry of Natural Resources
Lindsay District
Ontario Government Building
322 Kent Street West
Lindsay, Ontario
K9V 2Z9
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NOTES CONTINUED:
Ministry of the Environment
Central Region
Suite 700
l50 Ferrand Drive
Don Mills, Ontario
M3C 3C3
This will expedite clearance of the final plan.
A copy is not required by the Ministry of Housing.
4. Lapsing of draft approval
If final approval is not given to this plan within
three years of the draft approval date, and no extensions
have been granted, draft approval shall lapse under
section 33(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.
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For'" No, lIS
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Document General
Fonn 4 - Lend Reglstl'llllon Retonn Act, 1184
4759
(1) Reglltry 0
(3) Property
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I.Md TItIeI l8J
(2) Page 1 of 6::L pages
Block
Property
Additionel
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(4) N....... of Document
Application to
Estate, Right,
(5) rIIt10n
Register Notice of An Unregistered
Interest or Equity (section 74 of theAct)
Dollars $
New Property Identifiers
Additionel:
See
Schedule
(I eacrtptlon
The whole of parcel 9-1 in the register for Section
Con-l Newcastle (Bowmanville) being composed of Part of
Lot 9 in Concession 1 of the Geographic Township of
Darlington (also known as Lots 21, 32, 33, 34, 35, 36,
37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 50
and part of Lots 2, 8, 20, 27, 28, 29, 30, 31 and Block
2 according to C.G. Hanning's Plan) designated as Parts
I, 2, and 3 on Plan 10R-1946, Town of Newcastle
Regional Municipality of Durham. Subject to an Easemen~
in favour of The Bell Telephone Company of Canada over
part of said Lot 9 designated as Part 2 on Plan 10R-1946
for the purposes as set out in Instrument No. 11390, as
confirmed by Notice of Claim 106542.
o
xecutlon.
Additionel:
See
Schedule
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(7) ThII
Document
Conf8lns:
(a) Rede8crlption
New Easement
PlanlSketch
i (b) Schedule for:
, Additional
D! Description 0 Parties ~ Other I&J
(8) Tnll Document provldel .. folio..:
AIe.....,..Jt le ~
TO: The Land Registrar for the Land Titles Division of...,k..",ol ",eL, PENWEST DEVELOPMENT
CORPORATION LIMITED, having an unregistered estate, right, interest or equity
in the land registered in the name of Pen west Development Corporation Limited
and described in Box 6 above, hereby applies under Section 74 of the Land Titles
Act for the entry of a Notice of Agreement in the register for the said Parcel.
The evidence in support of this Application consists of the Affidavit of Phillip
P. Macdonald, attached hereto.
1~ -41.
Continued on Schedule ~
(9) Thll Document relate. to Instrument number(.)
(10)Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
'. ~.E.~~~~:r. .~~y~~.~~~~~.T. .~?~~.~~~~!?~. .L.'.~!~~D. '~iJ)"~'" e~. .c:. ?~.y..
by its sol idtors, Perry, Farley & . . <1'l
. b'nyschuk. . . . . . . , . . . . . . . . . . . . . . . . . . , . . . . . . .. . 'p'e'r': "p in' 'p.
Date of Signature
Y M 0
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1986 : .~p~
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(11)Addren c/o Phillip P. Macdonald,
forServIce Toronto-Dominion Centre,
(12) Party(les) (Set out Status or Interest)
Name(s)
Onyschuk,
M5K lM5
Signature(s)
Date of Signature
Y M 0
(13) Address
for Servk:e
(14) Municipal Add.... of Property
emperance
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THE CORPORATION OF THE TOWN OF NEWCASTLE
. . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ..................................
not assigned
(15) Document PNP8Nd by:
Phillip P. Macdonald
Perry, Farley & Onyschuk
P .0. Box 451
Toronto-Domi n ion Centre
Toronto, Ontario
M5K 1M5
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10174 (12184)
W. Province
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Schedule
Form 5 - unci Aeglstmlon Reform Act, 1884
Page
AddItion.. Property ldentlfler(s) .,cllor Other Information
SCHEDULE OF ADDITIONAL PARTIES
Additional Party
KOFMAN, Jules, As Trustee
Address for Serv i ce
390 Bay Street, Suite 2812, Toronto, Ontario M5H 2Y2
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OYE & DURHAM co LNlTED
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THI~ AGREEMENT made in qui ntupl i cate thi s ;?i17lday of ~/..7
191h.
BET WEE N:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
Hereinafter called the "TOWN" OF THE FIRST PART,
- and -
PENWEST DEVELOPMENT CORPORATION LIMITED
Hereinafter called the "OWNER" OF THE SECOND PART
- and -
JULES KOFMAN, AS TRUSTEE
Hereinafter called the "MORTGAGEE" OF THE THIRD PART
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement, which are described in Schedule
"A" hereto, are hereinafter called the "Lands" and constitute 19.15 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 the Ministry of Municipal
Affairs & Housing, hereinafter called the Ministry for approval of a plan of
subdivision of the Lands;
AND WHEREAS to comply with the Minister's conditions for such approval, the
Owner has consented to enter into this Agreement with the Town;
AND WHEREAS the Owner warrants that it has entered, or will enter into an
Agreement with the Regional Municipality of Durham, hereinafter called the
"Region" to satisfy the requirements of the Regional Municipality of Durham,
financial and otherwise;
AND WHEREAS the Owner warrants that it has or will enter into an agreement with
the appropri ate Publ ic Util i ti es COO1mission or other authori ty or company havi ng
jurisdiction in the area of the said Lands for the design and installation of
the utilities referred to in Schedule "H" and hereinafter called "Utilities";
NOW THEREFORE in consideration of the mutual agreements and covenants and
promises herein contained, and other good and valuable consideration, the
parties hereto agree as follows:
L. R. : 03.02 . 86
This is Exhibit A to the affidavif.
of 'Ph/lllp -po Hq~JO#fJ,f
Sworn before me the City of Toronto
in the Mun' I aHty tropolitan Toronto
19~
I. File No.u.&z.:;4~.:;~~
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- 2 -
1.
DEFINITIONS
In this Agreement:
1.1 "Council" shall mean the Council of the Corporation of the Town of
Newcastle;
1.2 "Director" shall mean the Director of Public Works of the Town of
Newcastle or his designated representative as may be appointed by Council
to act in his place;
1.3 "Treasurer" shall mean the Treasurer of the Corporation of the Town of
Newcastle;
1. 4 "Di rector of Community Servi ces" shall mean the Di rector of Communi ty
Services of the Corporation of the Town of Newcastle;
1.5 "Director of Planning" shall mean the Director of Planning of the
Corporation of the Town of Newcastle;
1.6 "Solicitor" shall mean the Solicitor of the Corporation of the Town of
Newcastle;
1.7 "Owner" shall include an individual, an association, a partnership or a
corporation and wherever the singular is used herein, it shall be
construed as including the plural.
1.8 "Conmissioner" shall mean the Commissioner of Planning for the Regional
Municipality of Durham.
1.9 "Minister" shall mean the Minister of Municipal Affairs and Housing,
Ontario.
1.10 "Town" 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.: 18.6.85
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2. GENERAL
2.1 CERTIFICATION OF OWNERSHIP
(1) The Owner shall, at the time of the execution of this Agreement, provide
the Town with a letter signed by an Ontario Solicitor and addressed to the Town
certifying as to the title of the said Lands and setting out the names of all
persons having an interest in the said Lands and the nature of their interest.
(2) The Owner shall, at the time of the execution of this Agreement, provide
the Town with a letter signed by an Ontario Solicitor and addressed to the Town
certifying as to the title to any land excluding the said Lands, which is to be
conveyed to the Town or over which easements are to be granted to the Town
pursuant to the terms of this Agreement.
2.2 COPY OF PLAN AND AGREEMENTS REQUIRED
Subject to paragraph 2.10(3) hereof, the Owner shall, at the time of the
execution of this Agreement, provide the Town with as many copies as the Town
requires of the plan of subdivision for the said Lands, which plan shall be the
plan prepared for approval by the Minister. The said plan is attached hereto as
Schedule "B" and is hereinafter called the "Plan". The Owner shall also furnish
to the Town at the time of the execution of this Agreement, one copy of the said
Plan containing the stamp of approval of the Region, and a copy of the
subdivision agreement entered into between the Owner and the Region with respect
to the said Plan if such approval and/or Agreement is in existence at the time
of the execution of this Agreement. If the approval or agreement with the
Region is not available at the time of the execution of this Agreement, the
Owner agrees to provide the Town with the Plan with the stamp of approval of the
Region and a copy of the Subdivision Agreement entered into with the Region,
immediately after approval is granted or the agreement signed. The Owner shall
also furnish to the Town at the time of the execution of this Agreement one copy
of each of the agreements entered into with the Public Utilities Commission or
other authority or company having jurisdiction in the area of the said Lands for
the design and installation of the utilities, or, if such agreement or
agreements are not in existence at the time of the execution of this Agreement,
the Owner agrees to provide the Town with a copy of each such agreement
immediately after such agreement is signed.
2.3 DEDICATION OF EASEMENTS
(1) The Owner shall, at the time of the execution of this Agreement, or such
later date as may be agreed by the Owner and the Town, but not later than the
registration of the Plan, deliver to the Town executed transfers of easements
free and clear of all encumbrances as set out in Schedule "E" hereto.
(2) If, subsequent to the registration of the Plan, but prior to the issuance
of a building permit in respect of a lot or block, further easements are
required for utilities or drainage, or other purposes, in respect of any lot or
block within the Lands, the Owner agrees to transfer to the Town such further
easements upon request. The Town shall not unreasonably request such further
easements, and in no event shall a further easement be requested which would
prevent the erection of a dwelling on any such lot or block.
2.4 DEDICATION OF LANDS
The Owner shall, at the time of the execution of this Agreement, or such later
date as may be agreed by the Owner and the Town, but not later than the
registration of the Plan, deliver to the Town executed deeds of conveyance,
sufficient to vest in the Town, or where applicable, in any other public
authority or person, absolute title in fee simple, free and clear of all liens,
cha rges, encumbrances and ea sements, the 1 ands set out in Schedu le "F" hereto.
Such conveyance shall include the dedication by the Owner to the Town of the
lands required by the terms of The Planning Act, as amended, from time to time
to be dedicated for public purposes, other than for highways, unless the Town
has agreed to accept cash in lieu of such lands, as provided herein.
L.R.: 26.2.85
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2.5 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
regi stered. In such deeds and grants of easements the regi stered number of the
Pl an shall be 1 eft blank and the Owner hereby authori zes the Town to insert such
Plan number after registration of the Plan.
2.6 LANDS FOR SCHOOL PURPOSES AND SECONDARY OPTION
Not Applicable.
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:
Penwest Development Corporation Limited
390 B~ Street, Suite 2812
TORONTO, Ontario. M4H 2Y2
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
liB "; or
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(;;) the Plan of Subdivision is not finally approved by the Minister and
registered within eighteen (18) months of the date of the execution
of this Agreement; or
(iii) the agreement between the Owner and the Region has not been executed
at the time of the execution of this Agreement, or such agreement has
been executed and is subsequently amended, and the provisions of such
agreement affect materially the location or sizing of a~ of the
Works to be supplied and installed under the terms of this Agreement;
or
(iv) no construction or installation of any of the Works has commenced
within two (2) years from the date of registration of the plan,
and failing agreement, this Agreement shall be null and void.
(2) The parti es m~ from time to time by mutual agreement amend the terms
of this Agreement and any of the Schedules but an amendment shall only be
effective if in writing and executed under the seals and hands of the proper
officers of each party.
(3) The parties hereto acknowledge that at the time of the execution of
this Agreement, only a red lined copy of the plan of subdivision is in existence
and all descriptions in this Agreement and the Schedules annexed hereto refer to
the descriptions in the red line plan annexed hereto as Schedule "B". Upon the
final plan of subdivision being approved by the Minister of Housing the final
plan shall be substituted for the red lined plan annexed as Schedule "B" and all
amendments necessary or requisite shall be made to conform with the descriptions
used in this Agreement and the Schedules (and without limiting the generality of
the foregoing, in particular Schedules "B", "E", "F", "G", "N", "0", "P", and
"Q") with the final plan of subdivision.
2.11 TOWN TO ACT PROMPTLY
Wherever the Town, or the Solicitor, or the Treasurer for the Town, or the
Director, is required to take action pursuant to this Agreement, or is required
to make a decision or render an opinion, or give confirmation or give
authorization, permission or approval, then such action, decision, confirmation,
authorization, permission or approval shall be made promptly and in all respects
the Town and its officers, servants or agents shall act reasonably.
2.12 ASSIGNMENT OF AGREEMENT
The Owner shall not assign this Agreement without prior written consent of the
Town and no such assignment shall relieve the subsequent Owner of a~ 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 "A"
"Legal description of said Lands"
Schedule "B"
"Plan of Subdivision for final approval"
Schedule "C"
"Charges against said Lands"
Schedule "0"
"Development charges"
Schedule "E"
"Grants of easements to be dedi cated"
Schedule "F"
"Lands and/or cash to be dedi cated"
Schedule "G"
"Works requi red"
L . R. : 26.2.85
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~....:..-....~-~.._. - .~....,----~-----_.,,_.~,_.._-,..~-
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Schedu1 e IIW
Schedule 11111
Schedul e IIJ II
Schedule IIKII
Schedule IILII
Schedule "Mil
Schedule IINII
Schedule "Oil
Schedule IIplI
Schedule "QII
Schedule IIRII
Schedule IISI1
2.14 MORTGAGE
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"Utilities requiredll
"Duties of Owner's Engineer"
IICost Estimates"
"Insurance Policies requiredll
IIRegulations for constructionll
IIUse of said landsll
IILands unsui table for bui1 ding"
IILands requiring site plan"
1I0versized and/or External Servicesll
IIConservation Authority's Worksll
"Engineering and Inspection Feesll
IIMinister's/Region's Conditions of Approval II
The Mortgagee does hereby postpone his mortgage to this Agreement with the
intent that this Agreement shall take effect as though dated, executed and
registered prior to the mortgage and the Mortgagee covenants and agrees that in
the event that he obtains ownership of the said lands by foreclosure or
otherwise, he shall not use or develop the said lands except in conformity with
the provisions of this Agreement.
2.15 SUCCESSORS
This Agreement shall enure to the benefit of and be binding upon all of the
parties hereto, its, his or her respective heirs, executors, administrators,
successors or assigns.
2.16 PLAN APPROVAL
Upon receipt of the payments herein required and upon the execution and
registration of this Agreement, the Director of PlanninQ will recommend to the
Minister that the plan be approved for registration.
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3. F I NANC IAL
3.1 PAYMENT OF TAXES
The Owner shall, at the time of the execution of this Agreement, pay all
Municipal taxes outstanding against the said Lands, as set out in Schedule "C"
hereto. The Owner further agrees to pay any municipal taxes which may become
due and payable by it, in respect of any of the said Lands, prior to the sale by
the Owner of such lands.
3.2 PAYMENT OF LOCAL IMPROVEMENT CHARGES
The Owner shall, at the time of the execution of this Agreement, pay all charges
with respect to existing local improvements assessed against the said Lands, as
set out in Schedule "C" hereto. Such charges shall include the Town's share of
any local improvements which serve the said Lands and shall include the commuted
value of such charges including charges falling due after the date of the
execution of this Agreement.
3.3 PAYMENT OF DRAINAGE CHARGES
The Owner shall, at the time of the execution of this Agreement pay all drainage
charges assessed under The Municipal Drainage Act, 1975, and The Tile Drainage
Act, R.S.O. 1980, against the said Lands, as set out in Schedule "C" hereto,
including the commuted value of such charges falling due after the execution of
this Agreement.
3.4 PAYMENT OF DEVELOPMENT CHARGES
The Owner shall pay all development levies in the amounts and at the times set
out in Schedule "0" hereto. Notwithstanding the provisions of Schedule "0" as
to the times at which the development charges shall be paid, the Owner shall,
prior to the issuance of any building permit in respect of any lot or block, pay
all remaining development charges assessed against the said lot or block.
3.5 CASH IN LIEU OF LANDS
The Owner agrees that, if the Town agrees to accept cash in lieu of the
dedication by the Owner to the Town of lands for public purposes, other than
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 on any such cash payment as
set out in Schedule "F" hereto, at the time of the execution of this Agreement.
3.6 PERFORMANCE GUARANTEE REQUIRED
(1) The Owner shall, prior to the issuance of any Authorization to Commence
Work, lodge with the Town by cash or by means of an irrevocable letter of credit
issued by a chartered Canadian bank, guaranteeing the performance by the Owner
of the provisions of this Agreement. Such cash or irrevocable letter of credit
shall be in an amount equal to the Works Cost Estimate with respect to the Plan
or stage of the Plan covered by the Authorization to Commence Work.
(2) All documents furnished under this paragraph shall be approved by the
Treasurer of the Town.
(3) The cash or irrevocable letter as provided in subparagraph (1) hereof are
hereinafter COllectively referred to as a "Perfonnance Guaranteell.
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.
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3.8 INDEMNIFICATION OF TOWN AND INSURANCE
The Owner covenants and agrees to indemnify the Town against all actions, causes
of actions, suits, claims and demands whatsoever and howsoever caused, which
arise either by reason of the development of the said lands, or the undertaking
of the design, construction, installation and maintenance of the Works and
Utilities. The Owner agrees to indemnify the Town with respect to all such
claims notwithstanding the issuance of a Certificate of Release provided for in
this Agreement. The Owner shall also provide the insurance called for by
Schedule "K" of this Agreement.
3.9 MAINTENANCE GUARANTEE PERIOD
)
In order to guarantee that all defects in the Works which become apparent after
the issuance of a Certificate of Completion for such Works, will be properly
repaired or replaced, the Owner shall, prior to the issuance of the Certificate
of Completion for such Works, lodge with the Town a Maintenance Guarantee in the
form of cash or an irrevocable letter of credit from a chartered Canadian bank,
and in an amount equal to ten percent (10%) of the estimated cost of the Works
as set out in Schedule "J" hereto. The form of the Maintenance Guarantee shall
be subject to the approval of the Town Treas~rer, and shall guarantee the Works
from the date of completion as follows:
(a) Initial Sta e of Road Construction: the greater of two (2) years
rom the ate 0 lssuance 0 t e ertificate 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 Sta e of Road Construction: one (1) year from the date of the
omp etion for the final stage of road
3.10 USE OF MAINTENANCE GUARANTEE
The Owner agrees that the Town may, at any time, authorize the use of all or any
part of any Maintenance Guarantee if the Owner fails to pay any costs payable by
the Owner to the Town under this Agreement, by the due date of the invoice for
such costs.
3.11 REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE
(1) The Owner agrees that the Town shall not be obliged to release to the Owner
the unused portion of any Performance Guarantee until:
121 a Certificate of Completion has been issued for the Works for which
such Performance Guarantee was required; and
lQl the Owner has deposited with the Town the Maintenance Guarantee
applying to those Works for which such Performance Guarantee was required; and
1il 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.
~ 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.
3.12 REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE
(1) The Owner agrees that the Town shall not be obliged to release to the
Owner the unused portion of any Maintenance Guarantee until:
(a) a Certificate of Acceptance has been issued for the Works for which
such Maintenance Guarantee was required; and
(b) the Town is satisfied that, in respect of the maintenance of all of
the Works for which such Maintenance Guarantee was required, there
are no outstanding claims relating to such Works.
(c) the Town has received the as-built drawings for such works.
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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
shall be deemed to include the words ~at the expense of the Owner~ unless the
context otherwise requires.
(2) The Owner, upon the execution of this Agreement, shall reimburse the Town
for all reasonable legal, planning, engineering and other technical advice and
assistance actually incurred by the Town in connection with the preparation for
and attendances at the Ontario Municipal Board hearings for the draft approval
of Subdivision 18T-76011 and amendments of the Town's By-law 84-63.
(3) The Owner shall reimburse the Town for all reasonable legal, planning,
engineering and other technical advice, and administrative expenses actually
incurred for the preparation and registration of this Agreement, and the legal
services contemplated by the terms of this Agreement, which shall include review
of performance guarantee and the preparation of any release.
(4) The Owner shall have the right to inspect, upon reasonable notice, during
regular business hours, such accounts, invoices, time records and other
documents and calculations of charges for which the Town is seeking
reimbursement.
(5) The Owner shall pay to the Town for all engineering and inspection costs
in accordance with the provisions of Schedule ~R~ hereto.
3.14 UNPAID CHARGES
The due date of any sum of money payable herein, unless a shorter time is
specified, shall be thirty (30) days after the date of the invoice. Interest
shall be payable by the Owner to the Town on all sums of money payable herein,
which are not paid on the due dates. The interest penalty charges will be the
same rate as charged on outstanding tax balances.
3.15 OCCUPANCY' PERMIT
Prior to the issuance of the first building permit the Owner agrees to lodge
with the Town an irrevocable letter of credit annually renewable and issued by a
chartered Canadian bank in an amount of Seven Thousand and Five Hundred Dollars
($7,500.00) to guarantee that occupancy does not OCcur in respect of any lot or
block before the issuance of an Occupancy Permit for such lot or block. In the
event that occupancy occurs in respect of any lot or block before the issuance
of an occupancy permit contrary to paragraph 4.8, ~he Town may draw down said
\~etter of Credit by an a~unt necessary to correct the defaul'trelative to
'~~ In the event of such default. the Owoer shall immediately restore
e Letter of Credit for the full amount of Seven Thousand and Five Hundred
Dollars ($7,500.00)~0 that the amount of security deposit on hand wi-th-~
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 ready for occupancy in accordance with the terms of this Agreement or at such
earlier date as agreed in writing by the parties. The Town agrees to permit the
Letter of Credit lodged by the Owner to be substituted, either in whole or in
part, by a Letter of Credit submitted by the builder to whom the Owner has sold
a lot or block with the Plan. The Owner agrees to obtain any such Letter or
Letters of Credit, bn behalf of and in favour of the Town, at such time as any
or all of the said lands are sold. The Town further agrees to release
substituted portions of the Owner's Letter of Credit, in respect of occupancy.
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4. PLANN ING
4.1 APPROVAL OF TREE PRESERVATION PLAN
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
showing thereon:
(1) the location and approximate size of all existing trees over 30.5 cm. in
circumference at 1.5 m. above the ground; and
(2) the location of all existing trees referred to in subparagraph (1) hereof
intended to be removed during the development of the said Lands.
No work shall be done and no such trees removed until the Tree Preservation Plan
is approved and only then, in accordance with such approved Plan. It is agreed
by the Town that nothing in this paragraph shall prevent the Owner from removing
trees that would otherwise prevent it from carrying out the Works or from
utilizing any lot or block by reason of its inability to site a dwelling on such
lot or block because of such trees.
4.2 USE OF SAID LANDS
The Owner agrees that the said Lands shall not be used for any purpose other
than that set out in Schedul e "M" hereto without the prior written consent of
the Town.
4.3 LANDS UNSUITABLE FOR BUILDING
The Owner agrees that the lots and blocks of the Plan which are set out in
Schedule "N" 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 outl ined in Schedule "N" hereto for such 1 at
or block have been satisfied to the approval of the Directors of Planning and
Public Works and/or any other authorities having jurisdiction.
4.4 LANDS REQUIRING SITE PLAN
The Owner covenants and agrees that no application for any building permit in
respect of the lots or blocks of the Plan which are set out in Schedule 11011
shall be made until the Owner has entered into a Site Plan Agreement with the
Town respecting the development of such lot and unless the application for a
building permit complies in all respects with the terms of the said Site Plan
Agreement.
4.5 REQUIREMENTS FOR BUILDING PERMITS
Neither the execution of this Agreement by the Municipality nor the approval by
the Town of the Plan for registration, nor the issuance by the Town of any
Certificate of Acceptance shall be deemed to give any assurance that building
permits when applied for will be issued in respect of any of the said Lands.
The Owner agrees that no application for any building permit in respect of any
of the said Lands shall be made until:
(1) all easements for Utilities or drainage, or other purposes across the
lot or block in respect of which a building permit is proposed to be
issued have been transferred to the Town; and
(2) all the roads which are required to be constructed under this
Agreement to provide access to the proposed building, have been
constructed to at least the completed base course of asphalt, to the
written approval of the Director unless otherwise approved by the
Director.
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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
Director; and
(4)
all of the Utilities required to be constructed and installed pursuant
to Schedule "H" 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
the Owner has provided the Director of Planning with a mylar and four
copies of a street numbering plan satisfactory to the Town and each
street number shall permanently apply to the lot or block shown on
the Plan and shall be provided by the Owner to all subsequent owners;
and
(5 )
(6)
the balance of all Development Levies have been paid in respect of
the lot or block in the Plan for which the building permit is applied
for; and
the Owner has deposited, and maintained in good standing, the Occupancy
Penalty fee as required by paragraph 3.15 of this Agreement; and
if the application for a building permit is in respect of any lot or
block set out in Schedule "N" the Owner has fulfilled the conditions
with respect to the lots and blocks as set out in Schedule "N" as
required by paragraph 4.3 of this Agreement; and
if the application for a building permit is in respect of any lot or
block as set out in Schedule "0" the Owner has entered into a Site
Plan Agreement with respect to the lots or blocks as set out in
Schedule "0" as required by paragraph 4.4 of this Agreement.
(lO) the Owner has provided the Director of Planning with a mylar copy of
the registered plan of this subdivision.
ill
(8)
(9 )
(ll) the Performance Guarantee and/or Maintenance Guarantee required
pursuant to this Agreement has been deposited with the Town and is in
good standing.
(12) the applicant has submitted a site plan satisfactory to the Director,
and verified by the Owner's Engineer that the final grades of the
respective lot(s} or block(s} is appropriate for the building(s}
proposed to be constructed and the grading of the lot and proposed
access conforms to the approved lot grading plan, and the Town's Design
Criteria and Standard Detail Drawings.
4.6 MODEL HOMES AND ARCHITECTURAL CONTROL
(l) (a) Notwithstanding the provisions of paragraph 4.5 of this Agreement, the
Owner may apply for building permits for up to eight (8) model homes on
the lands, provided that such application is in conformi~ with the
requisite by-laws of the Town and The Ontario Building Code, 1980,
provided that all building permit fees, occupancy penalty, performance
guarantee and appropriate development levies as provided for in this
Agreement have been paid or provided, and that the developer has
sati sfi ed the Town that the final grades of the lot are appropri a te for
the proposed building and that grading complies with the overall grading
plan.
(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, or alternatively that, any road
required to provide access to the model homes shall be constructed to
the completed Granular B base with a 10 cm contamination layer of
Granular A which shall be removed and disposed of prior to final
construction of the road. Where an alternate access is proposed to
provide access to model homes, such access shall be of a standard
acceptable to the Director of Public Works and the Fire Chief of the
Town of Newcastle.
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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 covenants and agrees that in the Agreement of Purchase and
Sale, he will require each builder purchasing from him to file, prior
to applying for a building permit, with the Town a Master Plan, to be
approved by the Town, for the lot purchased by the builder/purchaser
showing housing types, elevations and the distribution of models on
such lots.
4.7 REQUIREMENTS FOR SALE OF LANDS
The Owner agrees not to sell any or all of the said Lands until:
(1) the Town has registered against the title to such lands any grant of
easement in respect of such lands; and
(2) where no building permit has been issued in respect of any lot or block
proposed to be sold, the Owner has obtained from the prospective purchaser
a covenant that such purchaser agrees at any time prior to the issuance of
a building permit, to provide the Town with any grants of easement required
for utility or drainage purposes upon the written request of the Town; and
(3) the Owner has obtained from the prospective purchaser a licence to permit
the Owner and/or Town, to enter upon such lands to perform its obligations
under this Agreement; and
(4) the Performance Guarantee and/or Maintenance Guarantee required pursuant to
this Agreement has been deposited with the Town and is in good standing.
(5) the Owner has inserted in the agreement to purchase entered into by the
prospective purchaser, notice that the lands are subject to the covenants
and obligations set forth in this Agreement, and more particularly, the
following specific notices or requirements:
(a) That the purchaser shall be responsible for the paving of
driveways between the curbs and sidewalks, in accordance with
the Town of Newcastle Design Criteria and Standard Drawings in
areas where there are no sidewalks, driveways shall be paved to
the property line.
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:
(1) all of the roads which are required to be constructed under this
Agreement, which will provide access to such building, have had the
application of the base course of asphalt, to the written approval of the
Director; and
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(1)
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(2 )
all of the storm drainage system required to be constructed and instal led
to service such building has been constructed and installed to the written
approval of the Director. and the building has been connected thereto; and
all of the Utilities. save telephone and cable T.V. required to be
constructed and installed and connected to the building pursuant to
Schedule "H". have been so constructed. installed and connected to the
written approval of the authorities having jurisdiction over such
Util ities; and
(3 )
(4 )
the building has been connected to and is serviced by a water supply and
sewage disposal system to the written approval of the authority having
jurisdiction; and
( 5)
the Owner's Engineer has provided the Director with certification being
written confirmation that the lot or block, where such building is
located, conforms to the Grading and Drainage Plan, or has received the
written approval of the Director with respect to any variance to the
Grading and Drainage Plan.
The building has received all final inspections required pursuant to the
Building Act and/or the Plumbing Code.
Notwithstanding the provisions of sub-paragraph (5) of this Clause the
Owner shall be entitled to a temporary Occupancy Permit in the event that
the Owner has not been able to comply with the requirements of
sub-paragraph (5) by reason of seasonal. weather or other conditions
beyond the control of the Owner. Pri or to the "Temporary 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 (1) year of the date of IITemporary Occupancyll of said dwelling
unit. Failure to comply with the above will result in a reduction of the
Occupancy Deposit Letter of Credit pursuant to the provisions of Paragraph
3.15.
(6 )
SPECIAL CONDITIONS
The Owner covenants and agrees to satisfy the requirements of the Central
Lake Ontario Conservation Authoi rty as contained in Schedule "QII hereto.
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5. PUBLIC WORKS
5.1 TOWN WORKS REQUIRED
The Owner shall be responsible for the construction and installation of the
serv ices and 1 andscaping more part icu 1 arly referred to in Schedu le IIGII hereto
(hereinafter called "the Worksll). Until the issuance of a Certificate of
Acceptance as hereinafter provided, the Works shall remain the property of the
Owner and the Owner shall be fully responsible for their maintenance. After the
issuance of a Certificate of Acceptance, the Works shall vest in and become the
responsibility of the Town.
5.2 UTILITIES AND SERVICES REQUIRED
The Owner shall be responsible for entering into agreements with the appropriate
Public Utilities Commission or other such authority or company having
jurisdiction in the area of the said Lands for the design and installation of
the Util ities as more particularly referred to in Schedule "W.
5.3 OWNER'S ENGINEER
The Owner shall retain a competent Professional Engineer, registered by the
Association of Professional Engineers of Ontario and hereinafter called the
"Owner's Engineer", to administer this Agreement, whose duties are set out in
Schedule 11111 hereto.
5.4 DESIGN OF WORKS
The Owner agrees that the design of all the Works shall comply with the Design
Criteria and Standard Detail Drawings of the Town. In the event of any dispute
as 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 IIEngineering Drawingsll. If
no construction of the Works has commenced within two (2) years of the date of
approval of the Engineering Drawings, the Engineering Drawings shall be
resubmitted to the Director for re-approval and further revisions if required by
the Director, and no work shall be done unless in accordance with the said
revised and re-approved drawings.
5.6 APPROVAL OF GRADING AND DRAINAGE PLAN
The Owner shall, prior to the issuance of any Authorization to Commence Work as
provided herein, have received the written approval of the Director of a plan,
hereinafter called the IIGrading and Drainage Plan", and showing thereon the
existing drainage pattern on all adjacent lands, all proposed grading and
drainage works for the said Lands, indicating the direction of all surface
drainage, including water from adjacent lands originally flowing through, into
or over the said lands to the municipal storm sewer system or any other outlet
approved by the Director. This Grading and Drainage Plan shall be approved and
signed by the Di rector pri or to the cons truction of any services or roads on the
said lands. If no construction of the works is commenced within two (2) years
of the date of approval of the Grading and Drainage Plan, the Grading and
Drainage Plan shall be 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 and reapproved drawings.
5.7 STAGING OF WORKS
If the Owner wishes to construct and install the Works and Utilities in stages,
the Owner shall, prior to the issuance of any Authorization to Commence Work as
hereinafter provided, prepare for the approval of the Council of the Town, a
plan hereinafter called the "Staging Plan" which divides the Plan into stages
for the construction, installation and maintenance of the Works and Utilities.
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The Owner shall not proceed until such Staging Plan has been approved by the
Director of Public Works. and shall proceed only in accordance with such
approved Plan, except as it may be sUbsequently amended with the approval of
the Director of Public Works.
5.8 APPROVAL OF SCHEDULE OF WORKS
The Owner shall, prior to the issuance of any Authorization to Commence Work, as
hereinafter provided, receive the written approval of the Director of a schedule
(hereinafter called the "Schedule of Works") which s,ets out the timing sequence
in which the Owner proposes to construct and install all of the Works and
Utilities and, where the installation of the Works and Utilities are to be
staged the Owner shall, prior to the Authorization to Commence Work for each
such stage, receive the written approval of the Director of a Schedule of Works
for such stage. The Owner shall proceed only in accordance with the approved
schedule, except as it may be subsequently amended with the approval of the
Director.
5.9 APPROVAL OF COST 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
Di rector and entered in Schedul e "J" hereto.
5.10 REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS
The Owner shall not commence the construction or installation of any of the
Works without the written permission of the Town, hereinafter called an
"Authorization to Commence Works". The Owner shall only commence those Works
permitted by the Authori zation to Commence Works. In addition to any other
requirements contained herein, no Authorization to Commence Works shall be
issued for any of the Works until:
(1) the Plan has received final approval from the Minister; and
(2) the Plan has been registered; and
(3) the Owner has delivered a registered copy of this Agreement and copies of
the Plans and Agreements as required by paragraph 2.2 of this Agreement; and
(4) the Owner has paid to the Town any outstanding charges against the said
lands required by paragraphs 3.1, 3.2, 3.3 and 3.4 of this Agreement; and
(5) the Owner has conveyed to the Town any easements as required by paragraph
2.3 of this Agreement, and such easements have been registered; and
(6) the Owner has conveyed to the Town any lands and paid any cash as required
by paragraphs 2.4 and 3.5 of this Agreement, and any such conveyance has been
regi stered; and
(7) the Owner has delivered letters from the appropriate Public Utilities
Commission, or authority or company having jurisdiction, stating that
satisfactory agreements have been entered into for the design and installation
of the Utilities as required by paragraph 5.2 of this Agreement; and
(8) the Owner has appointed an Engineer as required by paragraph 5.3 of this
Agreement; and
(9) the Owner has received the written approval of the Director for the
Engineering Drawings as required by paragraph 5.5 of this Agreement; and
(10) the Owner has received the written approval of the Director of the
landscaping required as part of the Works and more particularly referred to in
Schedule "G"; and
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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) the Owner has received the written approval of the Director of Planning
for the Tree Preservation Plan as required by paragraph 4.1 of this Agreement;
(13) the Owner has received the written approval of the Director of Public
Works for the Staging Plan as required by paragraph 5.7 of this Agreement; and
(14) the Owner has 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
(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 as required by
paragraph 5.27 of this Agreement; and
(20) not~ithstanding the above the Owner may commence installation of the work
as referred to in Schedule IIGII 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 and 18 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 Di rector
and entered in Schedule "JII 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.
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5.13 PROVISIONS FOR CONSTRUCTION AND INSTALLATION
All of the Works shall be constructed and installed in accordance with the
Engineering Drawings as approved by the Director. No variation from the
Engineering Drawings shall be permitted unless such variation is authorized in
writing by the Director. All construction on the said Lands shall be carried
out in accordance with the regulations for construction as set out in Schedule
IILII hereto.
5.14 SEQUENCE OF CONSTRUCTION AND INSTALLATION
The Owner shall, upon the issuance of an Authorization to Commence Works,
proceed to construct and install all of the Works continuously and as required
by the approved Schedule of Works.
5.15 COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION
The Owner shall, within two (2) years of the date of the issuance of an
Authorization to Commence Works, complete the construction and installation of
all of the Works authorized in such Authorization to Commence Works with the
exception of the curbs, sidewalks, final coat of asphalt, final lot grading,
driveway approaches, sodding and tree planting.
5.16 ADDITIONAL FACILITIES OR WORK REQUIRED
If, in the opinion of the Director, any minor or incidental additional work is
required to provide for the adequate operation and functioning of the Works, the
Owner shall, until the conclusion of the maintenance guarantee period, construct
or install such additional facilities and perform such additional work as the
Town may request from time to time.
5.17 INCOMPLETE OR FAULTY WORK
(1) If, in the opinion of the Director, the Owner is not executing or causing
to be executed the Work required by this Agreement, in such a manner that it
will be co~pleted within the time specified for such completion, or if the said
Work is being improperly done, or if the Owner neglects or abandons the said
Work, or any part of it, before completion, or unreasonably delays the execution
of the same, or if in any other manner the said Work is not being done properly
and promptly in full compliance with the provisions of this Agreement, or in the
event that the Owner neglects or refuses to do over again any Work which may be
rejected by the Director as defective or unsuitable, or if the Owner in any
other manner in the opinion of the Director may default in performance under
this Agreement, then in any such case the Director on the authority of the
Council of the Town may notify the Owner and his surety in writing of such
default or neglect and within ten (10) clear days after the giving of such
notice or within such further period of time as may be specified in the notice,
the Town Council shall thereupon have full authority and power immediately at
its option to employ a contractor or such workmen as in the opinion of the
Director shall be required for the proper completion of such work at the cost
and expense of the Owner or his surety, or both. In cases of emergency, in the
opinion of the Director, such work may be done without prior notice, but the
Owner shall forthwith be notified. The cost of such work shall be calculated by
the Director, whose decision shall be final. It is understood and agreed that
the total costs shall include a management fee of thirty (30%) percent of a
contractor's charges to the Town (including any charges for overhead and profit)
or, if such work is undertaken by the Town, thirty (30%) percent of all charges
incurred to complete the work, it being hereby declared and agreed that the
assuming by the Owner of the obligations imposed by this clause is one of the
considerations without which the Municipality would not have executed this
Agreement.
(2) In the event that any liens are filed under The Construction Lien Act such
filings shall constitute a default in performance under this agreement, then in
any such case the Director may notify the Owner and his surety in writing of
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such default and if the Owner fails to satisfy claims of the lien claimant
within ten (10) clear days after the giving of such notice or within such
further period of time as may be specified in the notice, then the Municipal
Council shall thereupon have full authority and power immediately, at its
option, to pay the full amount of the claim and costs into an appropriate court
having jurisdiction and the Municipality shall be authorized to use all or part
of any performance or maintenance guarantee to do so. In the event that the
Municipality draws upon the performance or maintenance guarantee to satisfy the
claims and costs of any lien claimant, the Owner shall forthwith upon notice
from the Director reinstate the performance or maintenance guarantee to the full
value required under the terms of the agreement.
5.18 ENTRY FOR EMERGENCY REPAIRS
The Owner agrees that, at any time and from time to time, employees or agents of
the Town may enter the said Lands for the purpose of making emergency repairs to
any of the Works. Such entry and repairing shall not be deemed an acceptance of
any of the Works by the Town, nor an assumption by the Town of any liability in
connection therewith, nor a release of the Owner from any of its obligations
under this Agreement.
5.19 DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS
(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 carried out, at his expense, a ground water monitoring program
around the perimeter of the site. The number, location, and frequency of
observation of the piezometric observation wells shall be recommended by a
hYdrogeo10gist and approved by the Director of Public Works. The Owner further
agrees to undertake separate reports, to the satisfaction of the Director of
Public Works, for each and every occurrence of apparent well interference caused
by construction activity within the said lands and reported to the Town.
(3) The Owner agrees to, if the well or private water supply of any person
outside the Plan is interfered with or dewatered as a result of the construction
or installation of the Works:
(a) where the interference to a well or private water supply is short
term duration (i.e. during the course of dewatering and excavation
and within one month of the completion of dewatering) make available
to the affected party, a temporary supply of water at no cost to the
affected party; or
(b) where the interference to a well or private water supply is of a long
term duration, at the option of the Owner and at his expense, connect
the affected party to the Town water supply system or provide a new
well or private water system so that water supplied to the affected
party shall be of a quality and quantity at least equal to the
qual ity and quantity of water enjoyed by the affected party prior to
the interference.
5.20 USE OF WORKS BY TOWN
The Owner agrees that any of the Works may be used by the Town or other
authorized persons, for the purposes for which the Works are designed. Such use
of any of the Works shall not be deemed an acceptance of any of the Works by the
Town nor an assumption by the Town of any liability in connection therewith, nor
a release of the Owner from any of his obligations under this Agreement.
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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 roadways are vested in the Town the Owner shall pay one hundred percent
(100%) of the actual cost of snowp1owing and sanding such roadways.
(3) The provisions of any work or service by the Town under paragraph 5.18 or
subparagraph (2) of this paragraph. shall not in any way constitute approval or
assumption of the road and the road shall not be deemed to have been assumed
until a Certificate of Acceptance has been issued.
5.22 REQUIREMENTS FOR CERTIFICATE OF COMPLETION
The Owner agrees that the construction and installation of any of the Works
authorized in an Authorization to Commence Works shall not be deemed to be
completed for the purposes of this Agreement until the Director has provided the
Owner with written confirmation thereof. referred to herein as a "Certificate of
Completion". In addition to any other requirements contained herein, no
Certificate of Completion shall be issued until:
(1) Such of the Works authorized by the Authorization to Commence Works for
which a Certificate of Completion is required. have been inspected by the
Director. and he is satisfied such Works have been constructed and installed in
accordance with the latest version of the Engineering Drawings approved by the
Director; and
(2) The Town is satisfied that, in respect of the construction and
installation of all of the Works authorized by such Authorization to Commence
Works, there are no outstanding claims relating to such Works.
5.23 PERIOD OF REQUIRED MAINTENANCE OF WORKS
The Owner shall from the date of the issuance of a Certificate of Completion
maintain all of the Works covered by such Certificate of Completion for a period
as follows:
(a) the greater of, two (2) years
rom t e lssuance 0 t e ertl lcate 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 Sta e of Road Construction: one (1) year from the date of the
omp etion for the final stage of road
5.24 REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE
The Owner agrees that any of the Works covered by a Certificate of Completion
shall not be accepted, nor deemed to be accepted. for the purpose of this
Agreement. until the Director has provided the Owner with written confirmation
thereof, referred to herein as a "Certificate of Acceptance". In addition to
any other requirements contained herein. no Certificate of Acceptance shall be
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issued until all of the Works covered by such Certificate of Completion have
been inspected by the Director and the Town Council has approved the written
report of the Director that all such Works have been maintained to the approval
of the Director for the period set out in paragraph 5.23 of this Agreement.
5.25 OWNERSHIP OF WORKS BY TOWN
The Owner agrees thatt upon the issuance of a Certificate of Acceptancet the
ownership of all of the Works covered by such Certificate of Acceptance shall
vest in the Town and the Owner shall have no right or claim thereto, other than
as an Owner of land abutting a road in which such Works are installed.
5.26 REQUIREMENTS FOR CERTIFICATE OF RELEASE
Upon compliance with subparagraph (1), (2), and (3) hereof, the Town agrees to
provide the Owner with a written release for the said lands, referred to herein
as the "Certificate of Release", in a fonn suitable for 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 confinnation that at a date not earlier than the end of
the maintenance period described herein, he has found or replaced all
standard iron bars as shown on the Plan and survey monuments at all block
corners, the end of all curves, other than corner roundings, and all points
of change in direction of roads on the Plan; and
(3) the Town Council has, by resolution, acknowledged that the Owner has met
all of the provisions of this Agreement.
The Certificate of Release shall operate as a discharge of the land described
therein of all obligations of the Owner under this Agreement with the exception
of the Owner1s responsibility for drainage as provided herein and the Owner's
acceptance of the conditions for applying.for Town building permits as provided
herein.
5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES
(1) In the event that the Owner is required to install oversized services
(hereinafter called "0versized Services") or services outside the limits of the
Plan of Subdivision (hereinafter called "Externa1 Services") which are more
particularly set out in Schedule UP" hereto, the Town agrees that upon a
developer of lands outside the Plan of Subdivision connecting to such Oversized
or External Services, to pay to the Owner that portion of the cost of the
Oversized or External Services (which is also set out in Schedule UP") that is
equal to the proportion of the excess capacity of such Oversized or External
Services which is estimated to be utilized by such developer. The excess
capacity of such Oversized or External Services shall be the capacity of such
services estimated to be available after the Owner has fully developed the
lands. The portion of such Oversized or External Services estimated to be
utilized by a developer of lands outside the Plan of Subdivision shall be
calculated by the Director, whose decision shall be final. In determining the
cost of the Oversized or External Services there shall be added annually from
the first anniversary of the issuing of the Certificate of Completion to the
costs set out in Schedule "pIt a sum equal to the interest on the amount of the
unpaid balance from time to time of the cost of the Oversized or External
Services calculated from the date of the issuance of the Certificate of
Completion, at the highest prime lending rate charged during the previous year
by the Bank of Montreal at its main branch in the City of Toronto, plus two
percent (2%).
(2) In the event that payment is required to be made under this paragraph by
the Town before the issuance of a Certificate of Completion, no interest shall
be added to the cost of Oversized or External Services.
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(3) In the event that payment is required to be made under this paragraph by
the Town before the first anniversary of the issuance of the Certificate of
Completion, interest shall be calculated at the highest prime rate charged by
such bank, plus two percent (2%) from the date of the issuance of the
Certificate of Completion to the date of payment. Interest shall be calculated
on a per diem basis to the date of payment.
5.28 RESPONSIBILITY OF SUBSEQUENT OWNERS
Even after the issuance of the Certificate of Release the registered owner of
each lot or block on the Plan shall have the sole responsibility for the
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 compliance with the terms of Paragraph 4.5 "Requirements for
Building Permits" of this Agreement if, at the time, a Certificate for Release
is issued, no building permit has been issued for such lot or lots.
(3) The registered owner of a lot or lots within the Plan, shall be
responsible for the maintenance of fencing required pursuant to Paragraph Seven
(7) on Schedule IG1 to this agreement.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED)
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THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and
approved by By-law No.8'>-'17 of the Corporation of the Town of Newcastle,
enacted and passed the I' ~ay of ,If-P,e./"L- 198 G
LEGAL DESCRIPTION OF SAID LANDS
THAT certain parcel or tract of land lying, situate and being in the Town of
newcastle in the Regional Municipality of Durham, fonnerly in the Town of
Bowmanville and County of Durham, being composed of Part of Lot 9 in Concession
1 of the geographic Township of Darl ington, more particularly described as
follows:
FIRSTlY, Parts 1, 2 and 3, on Reference Plan 10R-1946 deposited in the Land
Registry Office for the Land Titles Division of Newcastle at Bowmanville, being
all of Parcel 9-1, Section CON-l, Newcastle (Bowmanville), subject to an
easement in favour of the Bell Telephone Company of Canada over part of said Lot
9, designated as Part 2 on said Plan 10R-1946;
SECONDLY, part of Lot 8, Block 2 in said Lot 9 being all of those lands more
particularly described in Instrument No. 60200 deposited in the Land registry
Office for the Registry Division of Newcastle at Bowmanville.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
L . R. : 01. 04.86
) THE CORPORAT 0 0 T E TOWN OF NEWCASTLE
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. THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and
approved by By-law No.~-Y7of the Corporation of the Town of Newcastle,
enacted and passed the /1'A-day of /J,P~L 198b
PLAN OF SUBDIVISION
(copy of final plan prior to registration)
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
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NEWCASTLE
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L.R.: 26.2.85
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PLAN OF SUBDIVISION OF
PART OF LOT 9, CONCESSION 1
(ALSO KNOWN AS LOT 2 AND 8, BLOCK 2
C, G. HANNING'S PLAN)
TOWN OF NEWCASTLE
(FORMERLY TOWN OF BOWMANVILLE)
REGIONAL MUNICIPALITY OF DURHAM
(FORMERLY COUNTY OF DURHAM)
PLAN 1 OM-
METRIC
DISTANCES SHOWN ON
THIS PLAN ARE IN METRES
AND CAN BE CONVERTED
TO FEET' BY DIVIDING BY
0.3048
I CERTIFY THAT THIS PLAN 1 OM-
IS REGISTERED IN THE LAND REGISTRY OFFICE
FOR THE LAND TITLES DIVISION OF NEWCASTLE
(NO. 10) AT______O'CLOCK ON THE
_______DAY OF ____________ 1 9 __
AND ENTERED IN THE REGISTER(S) FOR PARCEL
__________,SECTION _________ AND
REQUIRED CONSENTS AND AFFADAVITS ARE
REGISTERED AS PLAN DOCUMENT NO. ________
#
SCALE 1: 1000
sOm
I
o
50
100m
I
B.K, EDWARDS OLS
1 986
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LAND REGISTRAR
APPROVED
"
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ASST. EXAMINER OF SURVEYS
THIS PLAN COMPRISES PART OF
PAR C E l 9 -1 , SECTION CONCESSION - 1
NEWCASTLE (BOWMANVlllEl
111
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C U RV E DATA
LOT RADIUS ARC CHORD f" BEARING
8 80.00 16,55 16,52 11"51'24" N2S"SO'OO"W
9 80.00 14.27 14.25 10"13'14" N36" 52' 10"W
10 80.00 13.98 13.96 10"00'43' N46"S9'00"W
11 80,00 12,99 12.97 9"18'02" NS6<38'20"W
12 80.00 10,95 10,94 7050'34" :J6s012'40"W
15 80.00 8,39 8.39 SOOO'30" N7200S'10"W
16 80.00 20,01 19.96 14019'53" NS2018'20'W
17 80.00 12,35 12.34 8050'37" N8S006'20"E
18 80.00 12.84 12.83 9011'SS" N77005'10"E
23 SO.OO 20.27 20.18 19021'28" N82009'50"E
24 60.00 19.28 19.20 18024'5S" N7805S'SO"W
25 SO,OO 0,S4 0.S4 003S'32" N6902S'10"W
27 60.00 6.20 S.20 SOS5'17" NSS010'20"W
28 SO.OO 20,40 20,31 19029'08" NS3028 'OO"W
29 SO,OO 21.60 21. 48 20037'3S" N33024' 30"W
30 SO.OO 5 85 5,84 5034'57" N20018'20'W
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BLOCK 44
(0,30 RESERVE)
84.94
32.00
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HANNING'S
8
2
PLAN
1
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32
CONCESSION-1 NEWCASTLEfBOWMANVILLEI
III
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SUBJECT TO AN EASEMENT a..
IN FAVOUR OF THE BELL ~
N18033'SO"W TELEPHONE COMPANY OF :;
~1 5.50 , r CANADA AS SET FORTH IN "0
/ IN INST. 11390 fCONFIRMED ~
N52OJ8'50"W BY NOTICE OF CLAIM <Xl
S~14.40 / 106542/ ~
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ROYAL PINES
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AREA TABLE
BLOCK AREA (SQ. M.l
39 101.9
40 99.0
41 10.2
42 9.9
43 S.O
44 6.0
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PART
PLAN
INST.
18.23
77.75 SIB
SIB I ('0421
1 (1042)
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INS T,
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Q:
SOUTHEAST CORNER
OF BLOCK 2 IN
C, G, HANNING'S PLAN
KING
KI NG'S
STREET
NO, 2
THE
HIGHWAY
OWNER'S CERTIFICATE
NOTES
SURVEYOR'S CERTIFICATE
THIS IS TO CERTIFY THAT:
1. LOTS' TO 38 , BOTH INCLUSIVE,
STREETS NAMELY ORCHARD PARK DRIVE AND ROYAL PINES COURT
STREET WIDENINGS NAMELY BLOCKS 39 AND 40,
AND 0,30 RESERVES NAMELY BLOCKS 41,42.43 AND 44,
HAVE BEEN LAID.OUT IN ACCORDANCE WITH OUR INSTRUCTIONS.
BEARINGS SHOWN HEREON ARE ASTRONOMIC, DERIVED FROM THE
BEARING IN17"30'50"WI OF THE WESTERLY LIMIT OF MEARN'S ROAD
IN ACCORDANCE WITH PLAN 1 OR-1 946
I CERTIFY THAT:
1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE
WITH THE SURVEY'S ACT AND THE LAND TITLES ACT AND
THE REGULATIONS MADE THEREUNDER,
2. THE SURVEY WAS COMPLETED ON DAY OF
. DENOTES MONUMENT FOUND
-0- DENOTES MONUMENT PLANTED
SI8 DENOTES STANDARD IRON BAR
IB DENOTES IRON BAR
1042 DENOTES EDWARDS & GUNN OLS
1106 DENOTES HENRY FLlM LTD OLS
NIN DENOTES PLAN ORIGIN UNKNOWN
P DENOTES PLAN 1 OR-1 946
~~-
B. K, EDWARDS
ONTARIO LAND SURVEYOR
2, THE STREETS AND STREET WIDENINGS ARE HERE8Y DEDICATED AS
PUBLIC HI G H,WA Y.
DATED THE _'}-L DAY OF -LifJ.&~f 1 ,,,.
:ENW~~T_~E~m,ENT CORPORATION LIMITED
~ESlOENT
DATED:
?
B.K, EDWARDS SURVEYING LIMITED
ONTARIO LAND SURVEYORS
3333 BAYVIEW AVENUE
WILLOWDALE - ONTARIO
221-6717
SURVEY BY: G. GELYK
DRAWN BY: G, GELYK
TRACED BY: K, RUDOLFS
SCALE 1 : 1000
REF. NO.
it
ALL MONUMENTS SHOWN PLANTED HEREON ARE
IRON BARS (lBI UNLESS OTHERWISE NOTED.
86-4193
CHECKED BY: R.J,ANDERSON, C,SJ,
""
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I rrr::,~~l~lJ 'L/LE'lrn
",,,,,,,,- .....<..L'J
LJ; '-'" "'"
MAR 27 1986
,
I
L
C; f]f.' -: ~<L,'U' /
,.'... J-',' , '".., - " " ,_ ~. : _:-
t-: .: ( " L.' , "'_. : I
~.-----._----._-,~
...-- G?,
, .
.. , ...
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and
approved by By-law No. ?b-7~? of the Corporation of the Town of Newcastle,
enacted and passed the /~day of ~...e/<- 198b
CHARGES AGAINST SAID LANDS
(1) MUNICIPAL TAXES
NIL
(2) LOCAL IMPROVEMENT CHARGES
NIL
(3) DRAINAGE CHARGES
NIL
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE
In the presence of: )
)
)
)
)
)
)
)
)
)
)
~ STEPHEN PUS11L, PreIktent
C-j~N~~usr~E
L. R. : 10.2 .86
~
" ,
1
~.
LV'
THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and
approved by By-law No.~~<fr of the Corporation of the Town of Newcastle,
enacted and passed the Ic;le- day of J'I-/>,I!t'<:' 198..6
DEVELOPMENT CHARGES
The Owner shall pay to the Town development charges in the amount of $130,000.00
(calculated at the rate of $625.00 for each dwelling unit) which shall be paid
as follows:
The total amount of the development charges for the Plan, or a particular stage
of the Plan, shall be calculated by multiplying the total number of units in the
particular stage of the Plan for which building permits are being sought by the
development charge per dwelling unit in effect at that time. Development
charges shall be payable in respect of each stage of the Plan as follows:
- 25% of the total amount of the development charges due for that stage of the
Plan prior to issuance of the first building permit;
- 25% of the total development charge due for that stage of the Plan, prior to
issuance of the building permit in respect of the dwelling unit representing
twenty-five percent of the total number of units within the particular stage
of the Plan, or upon the first anniversary of the issuance of the first
bu ildi ng permit, wh i chever occurs fi rs t;
- 25% of the total development charge due for that stage of the Plan, prior to
issuance of the building permit in respect of the dwelling unit representing
fifty percent of the total number of units within the particular stage of the
Plan, or upon the second anniversary of the issuance of the first building
permit, whichever occurs first;
25% of the total development charge due for that stage of the Plan, prior to
issuance of the building permit in respect of the dwelling unit representing
seventy-five percent of the total number of units within the particular
stage of the Plan, or upon the third anniversary of the issuance of the first
building permit, whichever occurs first.
For the purposes of this Schedule and the Agreement development charges actually
paid to the Town shall be applied in the first instance on a pro-rata basis
against all lots or blocks within the Plan upon which it is contemplated by this
Agreement that residences shall be built but, upon the issuance of the first
building permit and thereafter, the development charges shall be first applied
in full satisfaction of the development charges owing on the lots or blocks in
respect of which the building permits have been issued and the balance of any
development charges actually paid to the Town (if any) shall be applied on a
pro-rata basis against all lots or blocks within the Plan upon which it is
contemplated by this Agreement that residences shall be built but for which no
building permit has been issued.
For the purposes of this Schedule and the Agreement the number of building
permits issued shall be the aggregate of all building permits issued with
respect to any lot or block within the Plan whether issued to the Owner or any
other person.
The Town shall review 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.
;
~
~
. I
- 2
The Owner hereby acknowledges and agrees to such annual adjustment and further
agrees that such adjusted development charges shall be applicable to all lots or
blocks within the Plan for which development charges remain due.
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.
L. R. : 26.2.85
rz.?
~f
,
~"
. .
THIS SCHEDULE IS SCHEDULE IIEII to the Agreement which has been authorized and
approved by By-l aw No. 8b-C(7 of the Corporati on of the Town of Newcastl e,
enacted and p~ssed the ('~ day of ;?,p,;e/2- 198G
GRANTS OF EASEMENTS TO BE DEDICATED
The Owner shall deliver to the Town in a form satisfactory to the Town the
following easements:
(by reference plan)
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
L. R. : 26.2.85
MAYOR
-;~
, THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been authorized and
approved by By-law No.df6--Sli? of the Corporation of the Town of Newcastlet
enacted and passed the I~ day of /?-?~2. 198 ~
LANDS AND/OR CASH TO BE DEDICATED
(1) DEDICATION OF LANDS
The Owner shall deliver to the Town in a form satisfactory to the Townt
deeds to the foll ow; ng 1 and: (description) Reference shoul d be made to
blocks on M-Plan not draft plan.
Block A: Open Space and Conservation
Block B: Parkland
Blocks C & D: Walkways (unless otherwise revised)
Blocks GtHtItJ & K: Road Widenings
Blocks LtMtNtOtP,Q & R: 0.3 metre Reserves
Block S: Hydro Electric substation
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
THE CORPORATION 0 THE TOWN OF NEWCASTLE
PEN:~~D~RATIDN LTD.
(STEPHEN PUSTfL. Presfdent
, LA. L- ES l<c, '(-' rY\A N I A.s T R.u STE..E..
L . R. : 26.2.85
'1{
~
12-
,THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized and
approved by By-l aw No. ~ -r;' of the Co rporat ion of the Town of Newcastle,
enacted and passed the //f",!L day of #/'U"L 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 stonn water and
storm water originating within the said lands, including storm sewer mains,
manholes, service connections, catchbasins and leads, open channels, storm
outfalls and any other appurtenances as may be required in accordance with the
Town of Newcastle's Design Criteria and Standard Drawings.
The Owner agrees to produce Engineering Drawings for the storm drainage system,
to the satisfaction of the Director of Public Works.
The Owner agrees to obtain any easements required external to the said lands, at
no expense to the Municipality for the disposal of stonn water from the said
lands.
2. ROADWAYS
The Owner shall construct and install the following services on the various
street, shown on the Plan as follows:-
(a) widths to be applied to the following streets:-
(i) Streets A to H inclusive: 20 metres
(b) The grading and paving of all streets, including the installation of
Granular "A" and Granular "B" material to provide a proper base for paving,
shall be as per the Town of Newcastle Design Criteria & Standard Drawings.
(c) The Owner shall construct curbs and gutters on both sides of all streets,
as per the Town of Newcastle's Design Criteria and Standard Drawings.
(d) The Owner shall construct, install and maintain complete sidewalks in
accordance with the Town of Newcastle's Design Criteria and Standard
Drawings, on the following locations:-
(i) Street A abutting lots 1-20 inclusive, 90,109,129,140 & 146;
(ii) Street B abutting Lots 34 & 35;
(iii) Street C abutting lots 55-89 inclusive;
(iv) Street D abutting lots 1 & 110 to 128 inclusive;
(v) Street F abutting lots 141 to 152 inclusive and lots 207 & 208.
(e)
The Owner agrees to the grading and paving of all driveways between the
curbs and sidewalks, in accordance with the Town of Newcastle's Design
Criteria and Standard Drawings. The grading and paving of all driveways
between the curbs and sidewalks, where sidewalks are installed, and in all
other cases, the grading and gravelling of the driveway between the curbs
and the lot lines.
(f)
The Owner agrees to construct, install and maintain Street Lighting, in
accordance with the Town's specifications, on all streets and walkways, to
the satisfaction of the Director of Public Works.
(g)
The Owner agrees to the topsoiling and sodding of the boulevards between
the curbs and the property line, as according to the Town of Newcastle's
Design Criteria and Standard Drawings to the satisfaction of the Director
of Publ i c Works.
L.R. :
03.26.86
v
J
t.~
")3
- 2 -
(h) The Owner agrees to supply, install and maintain traffic signs and
permanent street-name signs, in accordance with the Town's 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, as per the Landscaping Plan and in
accordance with the Town of Newcastle's Design Criteria and as approved by
the Director of Public Works. Tree species to be to the satisfacton of
the Director and 2 to 2.5 metres in height and 3cm caliper, staked and
bagged if necessary.
3. PEDESTRIAN WALKWAYS
The Owner agrees to construct, install and maintain completed pedestrian
walkways, including all appurtenant fencing and lighting, in accordance with
Engineering Drawings to be approved by the Director of Public Works, and shall
be:
(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 circle(s) required by
the conditions of draft plan approval in accordance with the Town's Standard
Drawings, and construct and maintain such turning circles in accordance with the
Town's Design Criteria and Standards Drawings, approved by the Director of
Public Works. Such temporary turning circle shall be shown on the final plans
as a block and shall be held by the Town until the extension of street IF' 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 Tree
Preservation Plan and the Lot Grading Plan, to the satisfaction of the Director
of Public Works and in the case of parks, to the satisfaction of the Director of
Community Services.
7. FENCING
The Owner agrees to supply, erect and maintain fencing in accordance with
Engineering Drawings to be approved by the Director of Public Works.
The following locations for fencing are required along the boundaries of:
(i) reverse frontage of lots;
(i1) walkways;
(iii) park or open space blocks.
L.R.: 11.3.85
~
~l
rsv
t .
- 3 -
8. EXTERNAL WORKS
The Owner agrees to pay one-quarter of the Town's cost of reconstruction of
Concessi on Street and Mearns Avenue abutting ~ 1 ands. The reconstruct ion
program will include:
(a) (1)
( i 1)
(iii)
( i v)
( v)
( vi)
(vii)
Storm sewer system and all appurtenances
Installation of Granular "A" and "B" and paving to a pavement
width of 14 metres
Curb and Gutters and Sidewalks
Sodding of boulevards
Paving of driveway approaches
Street lighting
Any Regional works required.
(b) All work to be completed to the Town of Newcastle's Design Criteria and
Standard Drawings and as per the Engineering Drawings approved by the
Director of Public Works.
(c) The Owner agrees to supply and erect screen planting to the satisfaction
of the Director of Public Works, in the following locations. (The trees
are to be spaced at 3 metre intervals):-
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED SEALED AND DELIVERED ) THE CORPORATION 06 T E TOWN OF NEWCASTLE
)
)
)
)
)
)
)
)
)
)
)
) STEPHEN PUSTtL,
)
~~~2~~ iQusn6
L.R.: 26.2.85
i
~
~ THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been authorized and
approved by By-law No. a-J2:0f the Corpora_tion of the Town of Newcastle,
enacted and passed the iLl day of #-)!>je./c- 1986
UTILITIES REQUIRED
'55
1. ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the appropriate authority having juriSdiction for
the design, provision and installation of an electrical supply system to serve
the lands, in the locations as approved by the Director. All electrical
services are to be installed underground.
The Owner shall also make any necessary arrangements with any T.V. Cable Campany
in order that the installation of any such system shall take place so far as
possible contemporaneously with the installation of other services so as to
cause minimum disruption of municipal services.
2. STREET LIGHTING SYSTEM
The Owner shall arrange with the appropriate authority having juriSdiction for
for the design, provision and installation of a complete street lighting system
to serve the said Lands on behalf of the Town in whose ownership the system
shall vest upon completion 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. Furthermore, prior to development of lots 9-11, 21-27 & 61-62, the
Owner agrees to relocate to the satisfaction of Bell Canada the existing Bell
Telephone easement and associated cables.
4. GAS SUPPLY SYSTEM
The Owner shall arrange with an appropriate gas company for the design,
provision and installation of a complete gas supply system to serve the said
Lands, including gas mains, and all appurtenant manholes, laterals, service
connections, apparatus and equipment in the locations as approved by the
Di rector.
5. CABLE TELEVISION
The Owner shall arrange with the Cable Television Company having authority to
provide its services within the area of the Plan of Subdivision for the design,
provision and installation of a complete cable television distribution system to
serve the said Lands. All cable television services are to be installed
underground.
6. MAIL DISTRIBUTION SYSTEM
The Owner shall arrange with Canada Post for the provlslon and installation of a
mail distribution system to service the said lands, in the location as approved
by the Di rector.
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.
L.R. :
SIGNED, SEALED AND DELIVERED )
In the presence of: )
)
)
)
)
)
)
)
)
)
) ~
~ STEPHEN PUSTlL, Preeldent
c- J"L~~;~A'" T"-uS.,U
ATlON L TO.
03.02.86
fO
~ "
"
3b
I' . ~
THIS SCHEDULE IS SCHEDULE 111" to the Agreement which has been
approved by By-law No. dP~- ~of the Corporation of the Town
enacted and passed the (' r day of #?,2/<- 1986
DUTIES OF OWNER'S ENGINEERS
1. DESIGN WORKS AND PRIVATE WORKS
authori zed and
of Newcastle,
The Owner's Engineers shall prepare the following for the approval of the
Director:
(a) the Engineeering Drawings;
(b) the Grading and Drainage Plan;
(c) "the Landscaping Plan;
(d) the Schedule of Work;
(e) the Staging Plan;
(f) the Works Cost Estimate; and
(g) the Stage Cost Estimate.
The approval of the Director shall not absolve the Owner or the Owner's Engineer
of the responsibility for any errors or omissions in the above drawings, Plans
or documents.
2. REPRESENT OWNER AND OBTAIN APPROVALS
The Owner's Engineer shall act as the Owner's representative in all matters
pertaining to the construction and installation of the Works and shall
co-operate with the Town to obtain the necessary approvals for construction and
installation.
3. PROVIDE RESIDENT SUPERVISION
The Owner1s Engineer shall provide fully qualified supervisory layout and
inspection staff to provide continuous service during all phases of the
construction and installation of the Works and the Private Works and to perform
the following:
(a) provide field layout including the provision of line and grade to the
contractors and, where required, restaking; and
(b) inspect the construction and installation to ensure that all work is being
performed in accordance with the contract doucments; and
(c) arrange for or carry out all necessary field testing of materials and
equipment installed or proposed to be installed at the request of the
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.: 26.2.85
~
"
..
- 2 -
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 ) OF NEWCASTLE
In the presence of: )
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THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been authorized and
approved by By-l aw No. ~ - Y? of the Corpora tion of the Town of Newcastle,
enacted and passed this /~ day of ;fI>/'!/2.. 1986.
COST EST! MATES
ESTIMATED COST OF WORKS (PHASE I)
STORM SEWERS (including pipes, manholes, catchbasins and
connections, headwalls and appurtenances
Mearns Avenue and Internal Roads)
$ 95,325.99
$ 90,061.12
$ 55,425.60
$ 2,100.00
$ 300.00
$ 8,000.00
$ 10,267.00
$ 10,280.00
$ 39,223.91
$ 310,983.62
ROADS (including fine grading, Granular bases,
asphalting, curbs and gutters, sodding
boulevards, sidealks, street trees & signs)
ROUGH GRADING
BELL CABLE RELOCATION
STREET LIGHTS
ENGINEERING & CONTINGENCIES
TOTAL ESTIMATED COST OF SERVICES
The Performance Guarantee has been based on Preliminary Estimates only,
and, when the final Engineering Drawings have been approved by the Director of
Public Works, a revised Cost Estimate of the Works, Underground Hydro,
Engineering and Contingencies shall be prepared by the Owner's Engineer and
submitted to the Director of Public Works for his approval. This revised Cost
Estimate shall be used as a basis to adjust the Performance Guarantee, if the
Estimate increases or decreases.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf. '
SIGNED, SEALED AND DELIVERED )
In the presence of: )
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) SlEPH N pusnL, P.....nt
c: jt'~A; ~-rQu~m;
L . R . : 10. 2 . 86
l~
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. THIS SCHEDULE IS SCHEDULE IIKII to the Agreement which has been authori zed and
approved by By-law No. ~--fC/? of the Corpor~tion of the Town of Newcastle,
enacted and passed this I'tf day of /'!,Z>;tz/<:.... 198~
INSURANCE POLICIES REQUIRED
1. TYPES OF COVERAGE REQUIRED
The Owner shall obtain and maintain insurance of the character commonly referred
to as public liability and property damage with an insurance compa~ approved by
the Municipal Teasurer and duly authorized by law to underwrite such insurance.
Such pOlicy or policies of insurance shall indemnify the Town against all
damages or claims for damages for:
(a) any loss or damage that shall or may happen to any of the Works or any of
the Utilities or to any part or parts thereof respectively; and
(b) any loss or damage that shall or may happen to any of the materials or any
of the equipment or any other things used to construct or install any of
the Works or any of the Utilities or any part or parts thereof
respectively; and
(c) any injury to any person or persons including workmen employed on the said
Lands and the pUblic; and
(d) any loss or damage that shall or may result from the storage, use or
handling of explosives; and
(e) any loss or damage that shall or may result from the drainage of surface
waters on or from the said Lands; and
(f) any loss or damage that shall or may result from the disposal of effluent
from any sewage disposal works; and
(g) any loss or damage that shall or may happen to any public road or to any
other property of the Town or to the property of any other person either
directly or indirectly by reason of the Owner undertaking the development
of the said lands together with any or all of the Works and Utilities
pertaining thereto.
2. AMOUNTS OF COVERAGE REQUIRED
Policy or policies of insurance shall be issued Jointly in the names of the
Owner and the Town and shall provide the fOllowing minimum coverages:
(a) $1,000,000.00 for loss or damage resulting from bo d i 1 y injury to, or death
of a~ one person; and
(b) $2,000,000.00 for loss or damage resulting from bodi ly injury to, or death
of, two or more persons arising out of the same acci dent; 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
m~ be held responsible.
3. EXEMPTION OF COVERAGE PROHIBITED
The policy or polices of insurance shall contain no coverage exemptions or
limitations for:
(a) any shoring, underpinning, raising or demolition of any building or
structure; or
(b) any pile driving or caisson work; or
L. R . : 26.2 .85
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(c) any collapse or subsidence of any building, structure or land from any
cause; or
(d) any storage, handling or use of explosives.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED)
In the presence of: )
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L.R.: 26.2.85
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THIS SCHEDULE IS SCHEDULE "L't to the Agreement which has been authorized and
approved by By-law No. ~-~;7 of the Corporation of the Town of Newcastle,
enacted and passed thi s / ~.d-day of ~1"f!c<- 198~
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 tlli s c1 ause to each and every buil der obtai ni ng a buil ding permi t 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 untrave1led
portion of any public road allowance without the prior written approval of the
authority having jurisdiction over such public road allowance.
7. MAINTENANCE OF INTERNAL ROADS
The Owner shall, prior to the placement of the base course of asphalt on any
road required to be constructed under this Agreement, remove any contamination
of the granular base course and repair and replace such base course, where
necessary, to the approval of the Director, in order that the construction of
such road shall not have suffered due to any use of the granular base course as
a temporary road.
Similarly, the Owner shall, prior to the placement of the surface of asphalt on
any road required to be constructed under this Agreement, clean the base course
of asphalt and repair and replace such base course where necessary.
L. R. : 03.02 . 86
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8. WEED AND RAT CONTROL
- 2 -
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After the commencement of construction the Owner shall institute upon the Lands
a programme of weed and rate control to the satisfaction of the Director.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED. SEALED AND DELIVERED)
In the presence of: )
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L.R.: 26.2.85
MAYOR
./
STEPHEN PUSTlL, Pre 'dent
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THIS SCHEDULE IS SCHEDULE 11M" to the Agreement which has been authori zed and
approved by By-law No. ~~- ~t7 of the Corporation of the Town of Newcastle,
enacted and passed thi s / ~ay of ~'2:... 198cb
USE OF SAID LANDS
The Owner agrees that the said lands shall not be used for any purpose other
than as set out in the following table:
LOT OR BLOCK NUMBER
LAND USE
ALL
In accordance with the provisions
of Zoning By-law 84-63, as amended,
of the Town of Newcastle.
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. 1 E OWN OF NEWCASTLE
In the presence of: )
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) TION LTD.
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~ S11!PHEN puent, ,.,...fdent
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,Yu.LE") K.()FrY\AN ) AC;;Tl2..U.~Tt6
L . R . : 26,2.85
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THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been authorized and
approved by By-law No. <96- Y7 of the Corporation of the Town of Newcastle,
enacted and passed this /'~ day of ~;Z>~e"c- 1986:>
LANDS UNSUITABLE FOR BUILDING
The Owner agrees that no appl ication will be made for a Suil ding Pennit 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 160 to 184 inclusive - Construction of Street F northerly from Lot 160
and Lots 191 to 206 inclusive to Concession Street
Blocks E & F - to be developed in conjunction with adjacent
lands
Lots 9-11,21-27,61, 62 - relocation of Bell Telephone easement and cables
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
L . R . : 10.2.86
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j'u L~S. /LOr-mAN, As '"112i.AST~
MAYOR
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~TSPHIN PUSTIL, Preident
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THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and
approved by By-l aw No. cf6 -~7 of the Corporati on of the Town of Newcastl e,
enacted and passed this /~day of ??-7'~f<" 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 fo"O\~ing 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
-N I L-
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED)
In the presence of: )
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) ..J U LES ~(Y;:'MAt\J i AS "rt2l.\..'2,TE~
L. R. : 26.2.85
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THIS SCHEDULE IS SCHEDULE "P" to the Agreement which
approved by By-law No. ~,- ~(? of the Corporation
enacted and passed this 11';c. day of #?~/c..
has been authorized and
of the Town of Newcastle,
1986.
OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED
AND/OR EXTERNAL SERVICES
1. EXTERNAL ROAD SYSTEMS:
Estimated cost of reconstructing Mearns Avenue and Concession Street to Urban
Arterial Standard abutting the subject lands is $ 503,370.00
The Owner agrees to pay 25% of the aforesaid sum, which payment shall be phased
in accordance with the number of units in each phase registered and paid prior
to the issuance of any Authorization to commence for such phase. For the
purposes of this Agreement, the Owner's share may be apportioned on a per unit
basis equal to $ 593.60.
The above figure represents the estimated road construction cost based on the
engineering drawings as outlined in Schedules IGI & IJI and approved by the
Director of Public Works. Upon completion of the road construction, the above
estimated cost shall be updated to reflect the las constructed' costs and
sUbsequently be approved by the Director of Public Works.
There shall be no reimbursement by the Town to the Owner for improvements to the
external roads.
2. STORM DRAINAGE:
The Cost Estimates for storm sewer works, specified by Schedule "G", are
included in Schedule "J".
There is no oversizing involved in Phase 1,
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.
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J U L-t.. S KC ~YY\ V\ IV I AS
SIGNED, SEALED AND DELIVERED
In the presence of:
L . R. : 10.02.86
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THIS SCHEDULE IS SCHEDULE "QII to the Agreement whi ch has been authori zed and
approved by By-law No..PC-V? of the Corporation of the Town of Newcastle,
enacted and passed this /F day of #~/C/<- 19?6.
CONSERVATION WORKS
l.a) That no grading, filling or construction are to occur on the site without
the written approval of the Central lake Ontario Conservation Authority
(C.l.O.C.A. );
b) That prior to the initiation of any grading filling or construction on the
site, the owner shall have prepared a phased development plan acceptable to
the Town and C.l.O.C.A. which indicates phased area grading, minimizes the
extent to which the site is devoid of vegetation during each
grading/construction phase, and provides for the on-site containment of
sedimentation;
c) That prior to initiating any grading, filling or construction west of the
line that would result from the northward extension of street A, a snow
fence is to be erected and maintained in good repair until all development
activities including landscaping are completed, along the western limits of
lots 185, 184, Street G, lots 198, 199, 163 and 162, and northern limits of
Street F, generally around the eastern limits of block A, and along the
rear limits of lots 10 to 20 in order to protect open-space areas from
development activities. No grading or filling is permitted in block A;
d) That prior to final approval of the plan the owner shall prepare and submit
to the Town for approval:
i) lot grading plans for lots 141 to 143, 95 to 101 and 118 to 124 and 10
to 20 which indicate existing and proposed grades, site drainage and
vegetation;
ii) engineering drawings of the proposed stormwater management system for
the site which minimizes potential increases in the volume and rate of
runoff and maintains existing water quality in the Soper Creek.
2. That the owner agrees in the subdivision agreement:
a) Not to oppose the by-law provision noted in condition 13 of the Minister's
conditions of Draft Approval;
b) To carry out or cause to be carried out:
i) the phased development and erosion control plan mentioned in condition
20 a) 2) as approved by C.l.O.C.A.;
ii) the erecting and maintaining of snow fencing as noted in condition 20
a) 3);
iii) lot grading plans for those lots noted in condition 20 a) 4) i);
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affi xed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED)
In the presence of: )
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) PENWEST
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M Y R
L. R. : 26.2.85
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THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authori zed and
approved by By-law No. U - cr7 of the Corporation of the Town of
Newcastle, enacted and passed this /cr/e. day of/??~e2.... 19~
ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT
Estimated Costs of Works
Fees
Up to $100,000.00
$100,000.00 to $500,000.00
4% to a MAXIMUM OF $4,000.00
$4,000.00 or 3.5% of the estimated
cost of services - whichever is
greater
$500,000.00 to $1,000,000.00
$17,500.00 or 3% of the estimated
cost of services - whichever is
greater
$1,000,000.00 to $2,000,000.00
$30,000.00 or 2.5% of the
estimated cost of services _
whichever is greater
$2,000,000.00 to $3,000,000.00
$50,000.00 or 2.25% of the
estimated cost of services -
whichever is greater
$3,000,000.00 to $4,000,000.00
$67,500.00 or 2% of the estimated
cost of services - whichever is
grea ter
For the purposes of this Schedule cost estimates as specified in Schedule "J"
for Hydro Distribution System shall not be included for the purposes of
calculating engineering and inspection fees as contemplated by this Schedule.
The cost of Engineering Inspection for Phase I is
$ 9,152.25
The aforesaid amounts to be paid prior to issuance of the authorization 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
In the presence of:
L . R. : 10 .02 . 86
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~ STEPHEN PUSTlL, Pre ,rdent
~~(~(h~ As
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TOWN OF NEWCASTLE
MAYOR
LTD.
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THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been authorized and
approved by By-law No. ~~-~(? of the Corporation of the Tow~ of Newcastle,
enacted and passed this (~day of #-r'~r2- 198h ~
MINISTER'S/REGION'S CONDITIONS OF DRAFT PLAN APPROVAL
Attached hereto as Appendix 1
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 ) TOWN OF NEWCASTLE
In the presence of: )
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) STEPH PUSTll, t
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4 JUL~S lCoFm2 -rl2wo.TQ;.
L.R.: 26.2.85
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Ontario
1Yllllt00LI Y VI
Municipal Affairs
and Housing
August 31, 1984
SEP 1 1 198/
rOWN OF NEWCASTLE
PLANNING DEPARTMENT
Mr. Dennis A. Trinaistich
P.O. Box 451
Toronto Dominion Centre
Toronto, Ontario
M5K lM5
Subject:
Draft Plan of Subdivision
Penwest Development Limited
Town of Newcastle
Our File No. l8T-76011
Your File No. 49469
777 B~y Street
14th Floor
Toronto, Ont8 rio
MSG 2E5
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SEP '( 1984
TO~'fj I"rr. j1!"'f~(ASaE
eLU, ."',; 'I, :~NT
Dear Mr. Trinaistich:
In response to your letter of August 16, 1984 and
further to a number of telephQne conversations,
please be advised that we have now received
confirmation from the Town of Newcastle that
they are no longer requesting the deletion of
conditions 20a 4ii) and 20b 2iv).
Accordingly, condition 20 as amended on October
16, 1981, remains as it was written and must be
cleared by the Central Lake Ontario Conservation
Authority and the Town of Newcastle before the
plan is given final approval.
,23tD
/~)L lfW-?'4:3-
Ron Rienas
Planner
Plans Administration Branch
cc: Town of Newcastle ~
Central Lake Ontario Conservation
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DISTRIBUTION
CLERK ..........1::>.Q_........._.
ACK, BY ..........................._....
ORIG! r~AL TO: ..,....................
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C02, ~S TO:
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Ontario
i__ ~
Ministry of --.~ -,
Municipal Affairs
and Housing
~~rr;[Err~ ~!E~
JUN 20 198
N OF NEWCASTLE
PLANNING DEPARTMEN
5(
777 Bav Street
14th Floor
Toronto, Ontario
M5G 2E5
June 11, 1984
Mr. Conroy Dowson, M.C.I.P.
Planning Consultants Incorporated
90 Eglinton Avenue West
Suite 225
Toronto, Ontario
M4R 2E4
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if"". Of w'''' <..IStt::
CL[R~ O~PA~T~ENT
Subject:
Penwest Subdivision
~~~~~;.~:i~~
Dear Mr. Dowson:
Further to your request and pursuant to Section
36(12) of the Planning Act, conditions of draft
approval of the above subdivision are revised as
follows:
Condition 1 is deleted and replaced with the
following:
"l. That this approval applies to draft plan
No. 75/17/4 by Conroy Dowson Planning
Consultants Incorporated, dated and red
lined May 2, 1984, Showing 212 single family
dwelling lots, blocks A and 0 for Park and
open space, Block C for a walkway, Blocks
E and F for development in conjunction with
adjacent land, Blcoks G,H,I,J and K for road
widening, Block 5 for an electrical substation
~and various 0.3 m reserve blocks".
Condition 9 is amend by deleting the last sentence.
Condition 20(a) (4)i is amended by deleting the words
"141 to" in the first line.
I
DISTRIB ION
CLERK ......... ' ____
ACK. BY......._..._._....__._
ORIGINAL TO:.. . . ..._.........
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C PIES TO:
enior Planner
Plans Administration Bran~
cc: Town of Newcastle~
Region of Durham
CLOCA
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Ontario
Ministry of
Municipal Affairs
and Housing
4l6/965-6418
Plans Administration
',- Division
'1e/l't-"[ f~t~h-
56 Wellesley St. W. )2.
Toronto, Ontario
Jfj7A 2K4
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October l6, 1981
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Conroy Dowson Planning
Consultants Incorporated
90 Eglinton Avenue West
Suite 225
Toronto, Ontario
M4R lA2
TOW';
n:'SU\:;nE
pu~r-;.',,: ,~
U[PARTMEfH
Subject:
Town of Newcastle
Lot 9, Concession 1
(Town of BOWIDanville)
Our File No. 18T-760ll (Revised)
Dear Sir:
Under section 36(12) of The Planning Act, the
minister's conditions of draft approval dated
January 29, 1981, are amended to reflect the
changes shown on the attached plan, as follows:
Condition 1 is amended by replacing it with the
following:
Condition 1
That this approval applies to the draft plan No.
75-17-4 by Conroy Dowson Planning Consultants
Incorporated dated April 22, 1981, which shows
208 single family residential lots, Blocks 'A', 'B',
and '0' for Park and Open Space, Block 'c' for
Walkway, Blocks 'E' and 'F' for development in
conjunction with adjacent lands, Blocks 'G', 'H',
'I', 'J' and 'K' for road widening purposes, Blocks
, L', , M', , N', , 0', 'P', , Q', and 'R ' for o. 3 metre
reserves and Block '5' for an Electrical Substation.
Condition 13 is amended by deleting the last sentence.
Condition 20 is amended by replacing it by the
following:
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Condition 20
20. a) 1. That no grading, filling or construction are
to occur on the site without the written
approval of the Central Lake Ontario
Conservation Authority (C.L.O.C.A.);
.
2. that prior to the initiation of any grading
filling or construction on the site, the owner
shall have prepared a phased development plan
acceptable to the C.L.O.C.A. which indicates
phased area grading, minimizes the extent to
which the site is devoid of vegetation during
each grading/construction phase, and provides
for the on-site containment of sedimentation:
3. that prior to initiating any grading, filling
or construction west of the line that would
result from the northward extension of
street A, a snow fence is to be erected and
maintained in good repair until all development
activities including landscaping are completed,
along the western limits of lots 185, 184,
Street G, lots 198, 199, 163 and 162, the
northern limit of Street F, generally around the
eastern limits of block A, and along the rear
limits of lots 10 to 20 in order to protect
open-space areas from development activities.
No grading or filling is permitted in block A:
4. that prior to final approval of the plan the
owner shall prepare and submit to the C.L.O.C.A.
for approval:
i) lot grading plans for lots 141 to 143, 95
to 101 and ll8 to 124 and 10 to 20 which
indicate existing and proposed grades,
site drainage and vegetation:
ii) engineering drawings of the proposed stormwater
management plan for the site which minimizes
potential increases in the volume and rate
of runoff and maintains existing water quality
in the Soper Creek.
b) That the owner agrees in the subdivision
agreement:
1. not to oppose the by-law provision noted in
condition 13:
2. to carry out or cause to be carried out:
i) the phased development and erosion
control plan mentioned in condition
20 a) 2) as approved by C.L.O.C.A.J
ii) the erecting and maintaining of snow
fencing as noted in condition 20 a) 3):
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iii) lot grading plans for those lots
noted in condition 20 a) 4) i);
iv) the stormwater management plan for the
site as approved by the C.L.O.C.A.
mentioned in condition 20 a) 4) ii).
If you have any questions please call Hilkka 5alonen,
the area planner, at (4l6) 965-6418.
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Yours truly,
oJ LeL
J. Malcolm
Senior Pla ner
Community anning Review Branch
cc: Owner
O.L.S. ~
Newcastle Planning Department~
Region Planning Department
M.O.E. (Central)
M.N.R. (Lindsay)
C.L.O.C.A.
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. Ontario
Ministry
of
Housing
Plan~
Administration
Division
416/96
18
56 Welleslev Street West
8th Floor
Toronto, Ontario
M7A 2K4
5J-
January 29, 1981
Mr. Kaufman
Penwest Dev. Corp. Limited
Suite 2812
390 Bay Street
Toronto, Ontario
MSH 2Y2
Subject:
Town of Newcastle
Lot 9, Con. 1
(Town of Bowmanville)
Agent: Conroy Dowson Planning
Consultants , Toronto, Onto
File No: l8T-760ll
Dear Mr. Kaufman:
The above draft plan has been approved subject to
the amendments and conditions noted. A copy, signed
by the minister, is enclosed.
When the survey has been completed and the final plan
prepared; the following should be forwarded to this
ministry:
(a) the original
(b) three mylar copies
(c) one opaque
(d) three white paper prints
Under section 33(l2a) of The Planning Act, if this
plan is not given final approval by the minister
within three years of the date of this letter, the
draft approval shall lapse. However, the minister
may, on request, extend the period of the draft
approval.
Yours truly,
Ene 1.
c.c. Agent
O.L.5.
Region
Town of Newcastle vi
MNR
CLOCA
MOE
OHAP
Bell
C5B
R.C.5.5.
D. Lindsay
Planner
Community Planning Review Branch
1l2l (80 -9 )
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File No: 18T-760ll
The Minister's conditions and amendments to final plan
approval for registration of this subdivision
file no: l8T-760ll are as follows:
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-No.
Conditions
------------,-
1. That this approval applies to the draft plan, drawing
number 75-17-3, by Marshall, Macklin, Monaghan Ltd.,
Ontario Land Surveyors, dated March 26, 1979, as
revised June l, 1979, October 9, 1979, October 12, 1979,
and further revised in red to show a total of 236 single
family residential lots, 2 blocks for open space,
1 block for walkway, 1 block for park, 2 blocks to
be developed in conjunction with adjacent lands,
1 block for an electric sub-station and 1 block to
be set aside for future development.
2. That the Block designated Street 'D' of Plan 18T-76038
shall be dedicated on the final plans as public
highway.
3. That Blocks 'G', 'H', 'I', 'J' and 'K' shall be
dedicated as public highways for road widening purposes.
4. That Blocks 'L', 'M', 'N', '0', 'P', 'Q' and 'R'
shall be conveyed to the Town of Newcastle as 0.3
metre reserves.
5. That the road allowances included in this draft
plan shall be dedicated as public highways.
6. That the streets shall be named to the satisfaction
of the Town of Newcastle and the Regional Municipality
of Durham.
7. That a temporary turning circle adjacent to the
0.3 metre reserve abutting Street 'F' be shown on the
final plans as a block. This shall be conveyed to
and held by the municipality until the extension of
the road allowance, when the block shall be conveyed
without charge to the owners of abutting lots.
8. That Block 'c' as outlined on the draft plan shall be
dedicated as public walkway.
9. That the owner conveys up to 5% of the land included
in the plan to the municipality for park purposes
under section 33(5) (a) of The Planning Act. This shall
include Block 'B'.
(Cont'd.)
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File No: l8T-7601l
No.
Conditions Continued
..-.-.-------------------- -- ..... ----
.
10. That Blocks 'AI and '01 as outlined on the draft
plan shall be conveyed to the Town of Newcastle for
conservation and open space purposes.
11. That Block '5' shall be conveyed to the Newcastle
Power Commission for an electrical substation.
12. That the town and the owner in consultation with
Bell Canada agree in the subdivision agreement that
prior to development the existing Bell Telephone
Easement on the site, and associated cables thereon,
shall be relocated, to the satisfaction of Bell
Canada.
13. That the necessary amendment to the Restricted Area
(Zoning) By-law of the former Town of Bowmanville
shall be approved by the Ontario Municipal Board.
Further, the Restricted Area (Zoning) By-law shall
prohibit buildings and structures in Block 'A' other
than those required for flood or erosion control.
The Restricted Area (Zoning) By-law shall place
Block 'T' in a holding category, to be reserved for
future development.
14. That the subdivision agreement between the owner
and the municipality contain a provision that Blocks
'E' and 'F' shall not be developed except in conjunction
with adjacent lands as specified in the agreement.
15. That the owner agrees in writing to satisfy all
the requirements, financial and otherwise, of the
Town of Newcastle concerning the provision of
roads, installation of services and drainage.
16. That the owner agrees in writing to satisfy all
the requirements, financial and otherwise, of the
Regional Municipality of Durham concerning the
provision of roads, installation of services and
drainage.
17. That such easements as may be required for utility
or drainage purposes shall be granted to the appropriate
authority.
18. That the development of the plan be phased to the
satisfaction of the Town of Newcastle and the Regional
Municipality of Durham.
(Cont 'd.)
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File No: l8T-760l1
No.
Conditions Continued
19. That prior to final approval the owner demonstrate
to the satisfaction of the Ministry of the Environment
and the Regional Municipality of Durham that there
is an adequate sewage treatment and capacity to
service this development.
20. That the subdivision agreement between the owner
and the municipality contain the following provisions,
with wording acceptable to the Ministry of Natural
Resources and the Central Lake Ontario Conservation
Authority wherein the owner agrees:
a) before commencing any grading, filling,
or construction on the site, to have prepared
a phased development plan acceptable to
the Central Lake Ontario Conservation
Authority which will show:
(i) the phased area gradingJ
(ii) the means whereby the extent to
which the site is devoid of vegetation
during each grading/construction
phase is minimizedJ and
(iii)the means whereby sedimentation will
be contained and minimized during
each grading/construction phase.
b)
prior to final approval of the plan, to
have prepared a detailed report, drawings
and site plans acceptable to the Central
Lake Ontario Conservation Authority, the
Ministry of Natural Resources and the Town
of Newcastle, which will show:
;'
(i) existing and proposed grades, site
drainage and vegetation for lots 168
to 170 inclusive, lots 113 to 120
inclusive, lots l40 to l48 inclusive
and lots 12 to 25 inclusiveJ
(ii) the means whereby storm drainage will
be accommodated, the means whereby
increases in the volume and run-off
will be minimized, and the means
whereby the existing water quality
in the Soper Creek will be maintained.
( Con t ' d . )
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File No: 18T-760 11
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No.
Conditions Continued
c) to carry out or cause to be carried out
the works recommended in the reports and
plans described in condition 20 (a) and (b).
d) to erect snow fencing prior to initiating
any grading, filling or construction
west of the line that would result from
the northward extension of Street 'A'.
The fencing is to be erected along the
western limits of lots 233, 232, Street 'G',
lots 2l9, 2l8, 195 and 194, the northern
limit of Street 'F', around the eastern
limits of Block 'A', and along the rear
limits of lots l2 to 25 inclusive. The
fencing shall remain in place, and in good
repair until all grading, construction
and landscapting on abutting lands has been
completed to the satisfaction of the
Central Lake Ontario Conservation Authority.
No grading, filling or alteration of
existing vegetation is permitted in Block 'A'.
e) that no grading, filling or construction
is to occur on the site without the
written approval of the Central Lake
Ontario Conservation Authority.
2l. That the subdivision agreement between the owner
and the municipality be registered against the lands
to which it applies once the plan of subdivision
has been registered.
22. That before the Minister's final approval is given
we are to be advised in writing by the Town of
Newcastle how conditions 2,3,4,5,6,7,8,9,10,11,12,13,
14,15,17,18,19, 20& 21 have been satisfied.
23. That before the Minister's final approval is given
we are to be advised in writing by the Regional
Municipality of Durham how conditions 6,l6,17,18,19
and 21 have been satisfied.
24. That before the Minister's final approval is given
we are to be advised in writing by the Ministry of
Natural Resources how conditions 13 and 20 have
been satisfied.
(Con t ' d . )
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File No: l8T-7601l
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No.
Conditions Continued
--------------,--------------
25. That before the Minister's final approval is given
we are to be advised in writing by the Central Lake
Ontario Conservation Authority how conditions l3 and
20 have been satisfied.
26. That before the Minister's final approval is given
we are to be advised in writing by the Ministry of
the Environment how condition 19 has been satisfied.
NOTES:
1. We suggest you make yourself aware of:
(a) section l60a(l) of The Land Titles Act, which
requires all new plans be registered in a land
titles systemJ
(b) section 160(2) allows certain exceptions.
2. It is suggested that the municipality register the
subdivision agreement as provided by section 33(6)
of The Planning Act against the land to which it
applies, as notice to prospective purchasers.
3. Where agencies invol~ed in subdivi~ion agreement
A copy of the subdivision agreement shall be sent
to:
The Regional Municipality
of Durham
605 Rossland Road East
Whitby, Ontario
LlN 6A3
The Central Lake Ontario
Conservation Authority
l650 Dundas Street East
Whitby, Ontario
LlN 2K8
Ministry of Natural Resources
Lindsay District
Ontario Government Building
322 Kent Street West
Lindsay, Ontario
K9V 2Z9
(Cont 'd.)
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File No: l8T-760l1
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NOTES CONTINUED:
Ministry of the Environment
Central Region
Suite 700
l50 Ferrand Drive
Don Mills, Ontario
M3C 3C3
4.
This will expedite clearance of the final plan.
A copy is not required by the Ministry of Housing.
Lapsing of draft approval
If final approval is not given to this plan within
three years of the draft approval date, and no extensions
have been granted, draft approval shall lapse under
section 33(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.
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