HomeMy WebLinkAbout86-55
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 86- 55
being a By-law to authorize the entering into of an Agreement with John Foley,
carrying on business as Kingsberry Properties and the Corporation of the Town
of Newcastle.
The Council of the Corporation of the Town of ~ewcastle hereby enacts as
follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of
the Corporation of the Town of Newcastle, and seal with the Corporation's seal,
an Agreement between John Foley carrying on business as Kingsberry Properties
and the said Corporation dated the
form attached hereto as Schedule "X".
day of
, 1 98 Fi , i n t he
2. THAT Schedule "X" attached hereto forms part of this by-law.
BY-LAW read a first time this 12th
BY-LAW read a second time this 12th
day of
day of
May
May
1986
19R6
BY-LAW read a third time and finally passed this 12th
day 0 f
May 1986
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Ontario
Documynt ueneral
Fonn 4 - Land Registration Retonn Act, 1984
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(1) Registry 0
(3) property
ldentifter( s)
Land Titles ~ (2) Page 1 of 66 pages
Block Property
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(4) Nature of Document
APPLICATION TO REGISTER NOTICE OF UNREGISTERED AGREE-
MENT, ESTATE, RIGHT ETC. Section 74 of The Land Titles
(5) Consideration
Dollars $
(6) DescrIpUon
Parcel 35-4, Section con. 2 Newcastle (Darlington),
in the Regional Municipality of Durham, now
designated as Parts 1, 2 and 3 on Plan 10R-455;
New Property Identifiers
Additional:
See 0
Schedule
Ions
Additionat.
See
Schedule
o
(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
! (b) Schedule for:
I Additional
~! Description Ii] Parties 0 Other [i]
I
,(-. ThIs Document provides as follows:
The Corporation of the Town of Newcastle has an unregistered interest in the above
lands of which John Foley cob Kingsberry Properties is the registered owner, and hereby
applies to have registered an Application to Register Notice of Agreement dated the
18th day of June, 1986 between The Corporation of the Town of Newcastle and John Foley
cob Kingsberry Properties;
Evidence in support of this Application consists of the Agreement between The
Corporation of the Town of Newcastle and John Foley cob Kingsberry Properties;
\
Continued on Schedule [1g
This Document......1o Instrument nurnber(s)
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Date of Signature
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(10) Perty(Ies) (Set out StatUs or Interest) .
Name(s)
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o 0 by. tbeiJ: .SQJ.:lc:i..t;QI:,o o~roaonoto .H... .A:qn~t;t:'PJlg. 0 . 0 . 0
(11)Address
~~ of the Clerk, 40 Temperance Street, Bowmanville, Ontario, LIC 3A6
(12) Party(les) (Set out Status or Interest)
Name(s) Signature(s)
Date of Signature
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. o JOHN. FOLEY.cob.KINGSaERRY oP.RQP.~R~IEA. 0.....
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(1 Address
kw~ 319 College Avenue, Oshawa, Ontario, LIH 7K8
(14) Municipal Address of Property (15) Document Prepared by:
Grant H. Armstrong, c/o McGibbo
Bastedo, Armstrong & Armstrong ~
Barristers and Solicitors ~
32 Simcoe Street South W
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OSHAWA, Ontario, LlH 7K8 ~
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Vacant Land
Registration Fee
To".
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Newsome and Gilbert, Limited
Form LF1333 (1/85)
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IMPORTANT NOTICE
I It is a serious oHence under the to
In this
II This document should be registered deposited
L.and
l!\, When
or deposited, this
is the property
INSTRUCTIONS fOR COMPl..JITION
(1) Registry/Land Titles - Mark
(2) Peges - Enter total number of pages of
(ft) Nature 01 Oocument - Enter
(5) COI'!$ldemtlol'! - Enter consideration
in both
(6) Begin with
York Plan
bounds description is
enter a relerence to the
to be registration
,II the
"Description" and with the
Identifier Number, new heading under
proposed description for the
(1) Thill Document COl'llains - Mark
(3) Thill Doc1.lment pmllll'.!ell lill to/loWl!
al an executed document
b) Inserting in space provided:
attach schedule,
NOTE: prescribed under other
a) attached to this form as a
b) set cutin their entirety in the
Complete cloc1.lment by:
2S
('9) This Oocument relams to ll'llltl'!.lmenf l1umber(s)
number(s) and document type(s) hem
(UI) Pal1y(les) - For natural
"middie Where
('t2) status or interest of each
one use box 10 only, docurnent
the statements regarding
(1! We are of one another. (2)
has never
un::ler section 41 of
home which has been
of the Family Law Reform Act a
the Family Reform Act
made releasing the
birth date of each
attach schedule form is all or part ot
the name of the corporation, in capitals, must out
corporation, If the has used a seaL
lease) is attached to form, the must ,the
agent on behalf of one of the A solicitor
(11)
Addr€$$ for SeNt!':1\! - Enter full
including
{'I 4) Addr€$$ of
in name, unit
one m1.lnlcipal address, enter
(is) Oocummt Preji)$red by -
This document has been:
for:
Abstracted
Filmed
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DEFINITIONS
In this Agreement:
1.1 IICouncilll shall mean the Council of the Corporation of the Town of
Newcastle;
1.2 IIDirectorll 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 IITreasurer" 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 IIDirector of Planning" shall mean the Director of Planning of the
Corporation of the Town of Newcastle;
1.6 "Solici tor" shall mean the Sol i ci tor 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 offi ci al, des i gnated by Council to
aaninister the tenns 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.: 16.4.86
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2.
2.1
GENERAL
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 na~re 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
pijrsuant 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, provi de the Town wi th 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 IIBII and is hereinafter called the "Plan". The Owner shall al so furni sh
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 Minister, and a copy of the
subdivision agreement entered into between the Owner and the Region with respect
to the said Plan if such approval and/or Agreement is in existence at the time
of the execution of this Agreement. If the approval or agreement with the
Region is not available at the time of the execution of this Agreement, the
Owner agrees to provide the Town with the Plan with the stamp of approval of the
Region and a copy of the Subdivision Agreement entered into with the Region,
inmediately after approval is granted or the agreement signed. The Owner shall
also furnish to the Town at the time of the execution of this Agreement one copy
of each of the agreements entered into with the Public Utilities Canmission 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 pennit 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 woul d
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 . : 16.4.86
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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:
McGibbon, Bastedo, Armstrong and Armstrong
Barri sters & Sol i citors
32 Simcoe Street South, P.O. Box 34
OSHAWA, Ontario L1H 7K8
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 II ; or
L.R.: 16.4.86
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(ii) the Plan of Subdivision is not finally approved by the Minister and
registered within eighteen (18) months of the date of the execution
of this Agreement; or
(iii) the agreement between the Owner and the Region has not been executed
at the time of the execution of this Agreement, or such agreement has
been executed and is subsequently amended, and the provisions of such
agreement affect materially the location or sizing of any of the
Works to be supplied and installed under the terms of this Agreement;
or
(iv) no construction or installation of any of the Works has commenced
within two (2) years from the date of registration of the plan,
and failing agreement, this Agreement shall be null and void.
(2) The parties may from time to time by mutual agreement amend the tenns
of this Agreement and any of the Schedules but an amendment shall only be
effective if in writing and executed under the seals and hands of the proper
officers of each party.
(3) The parties hereto acknowledge that at the time of the execution of
this Agreement, only a red lined copy of the plan of subdivision is in existence
and all descriptions in this Agreement and the Schedules annexed hereto refer to
the d~scriptions 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 genera1i ty of
the foregoing, in particular Schedules liB ", liE ", "F", "G", "N", "On, "P", and
"Q") with the final plan of subdivision.
2.11 TOWN TO ACT PROMPTLY
Wherever the Town, or the Solicitor, or the Treasurer for the Town, or the
Director, is required to take action pursuant to this Agreement, or is required
to make a decision or render an opinion, or give confirmation or give
authorization, permission or approval, then such action, decision, confirmation,
authorization, permission or approval shall be made promptly and in all respects
the Town and its officers, servants or agents shall act reasonably.
2.12 ASSIGNMENT OF AGREEMENT
The Owner shall not assign this Agreement without prior written consent of the
Town and no such assignment shall relieve the subsequent owner of any of his
obligations under this Agreement.
2.13 SCHEDULES TO AGREEMENT
The following schedules which are identified by the signatures of the parties to
this Agreement, and which are attached hereto, together with all provi sio ns
contained therein, are hereby made a part of this Agreement as fully and to all
intents and purposes as though recited in full herein:
Schedule "A" II L e ga 1 description of said Lands"
Schedu le liB II "Plan of Subdivision for final approval"
Schedule "C" - "Charges against said Lands"
Schedu 1 e "0" "Deve10pment charges"
Schedule liE II "Grants of easements to be dedica ted"
,
Schedu 1 e "F" II Land s and/or cash to be ded i ca ted"
Schedule "G" "Works requi red II
l. R. : 16.4.86
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Schedu 1e "H"
Schedule "I"
Schedule "J"
Schedule "K"
Schedu 1 e "L"
Schedule "M"
Schedu 1e "N"
Schedule "a"
Schedu 1 e "P" -
Schedule "Q"
Schedu le "R"
Schedule "S"
2.14 MORTGAGE
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"Uti 1 iti es requi red"
"Duties of Owner's Engineer"
"Cost Estimates"
"Insurance Policies required"
"Regulations for construction"
"Use of said lands"
"Lands subject to building restrictions"
"Lands requi ring si te plan"
"Oversized and/or External Services"
"Conservation Authority's Works"
"Engineering and Inspection Fees"
"Minister's Conditions of Approval"
The Mortgagee does hereby postpone his mortgage to this Agreement with the
intent that this Agreement shall take effect as though dated, executed 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 confonnity 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 PL AN APP ROV AL
Upon receipt of the payments herein required and upon the execution and
registration of this Agreement, the Director of Planning will recanmend to the
Minister that the plan be approved for registration.
L.R.: 16.4.86
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3.
3. 1
FI NANC IAL
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 canmuted
value of such charges including charges falling due after the date of the
execution of this Agreement.
3.3 PAYMENT OF DRAINAGE CHARGES
The Owner shall, at the time of the execution of this Agreement pay all drainage
charges assessed under The Municipal Drainage Act, 1975, and The 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 payrrent as
set out in Schedule IIF" 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 credi t
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
herei nafter coll ecti vel y referred to as a "Pe rformance 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 pay any costs payable by
the Owner to the Town under this Agreement by due date of the invoice for such
costs.
L.R.: 16.4.86
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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 provi ded 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 t e 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 fails to pay any costs payable by
the Owner to the Town under this Agreement, by the due date of the invoice for
such costs.
3.11 REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE
The Owner agrees that the Town shall not be 'obli ged to rel ease to the Owner the
unused portion of any Performance Guarantee until:
(1) a Certificate of Completion has been issued for the Works for which
such Performance Guarantee was required; and
(2) the Owner has deposited with the Town the Maintenance Guarantee
applying to those Works for which such Performance Guarantee was required; and
(3) the Town is satisfied that in respect of the construction and
installation of the Works for which such Performance Guarantee was required,
there are no outstanding claims relating to such Works.
(4) the Town may, from time to time, reduce the amount of the value of
the Performance Guarantee to reflect the progress of the Works required to an
amount equal to the value of the uncOOlpleted Works, plus ten percent (10%) of
the value of the completed Works on approval by the Director of a Progress
Certificate prepared by the Owner's Engineer.
3.12 REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE
(1) The Owner agrees that the Town shall not be obliged to release to the
Owner the unused portion of any Maintenance Guarantee until:
(a) a Certificate of Acceptance has been 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; and
(c) the Town has received the as-built drawings for such Works.
L .R.: 16.4.86
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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 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.
(3) The Owner shall have the right to inspect, upon reasonable notice, during
regular business hours, such accounts, invoices, time records and other
documents and calculations of charges for which the Town is seeking
rei mbursement.
(4) 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 . 1 5 OCC UP ANC Y PERM IT
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 Canadi an 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 al1Y lot or block before the issuance
of an occupancy permit contrary to paragraph 4.8, the Town may draw down said
Letter of Credit by an amount necessary to correct the default relati ve to
occupancy. In the event of such default, the Owner shall immediately restore
the Letter of Credi t for the full amount of Seven Thousand and Fi ve H undr ed
Dollars ($7,500.00). So that the amount of security deposit on hand with the
Town always equals Seven Thousand and Five Hundred Dollars ($7,500.00). The
Letter of Credit shall be released to the Owners at such time as the last unit
is 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 sol d. The Town further agrees to release
substituted portions of the Owner1s Letter of Credit, in respect of occupancy.
L . R. : 16 . 4 . 86
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4. PLANNING
4.1 APPROVAL OF PARK LANDSCAPE PLAN
The Owner shall, prior to the issuance of any Authorization to Commence Works as
provi ded herein, have recei ved the wri tten approval of the Di rector of Communi ty
Services of a plan of the said Lands, hereinafter called the "Park Landscape
P1an" and showing thereon:
(l) the grading and sodding of all lands to be conveyed to the Municipality
for park purposes; and
(2) appropriate fencing and plantings of i.e: trees and other vegetative
materials as may be required to the satisfaction of the Director of
Community Services.
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 "W 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 "a"
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
A greeme nt .
4.5 REQUIREMENTS FOR BUILDING PERMITS
Neither the execution of this Agreement by the MuniCipality nor the approval by
the Town of the Plan for registration, nor the issuance by the Town of any
Certificate of Acceptance shall be deemed to give any assurance that building
permits when applied for will be issued in respect of any of the said Lands.
The Owner agrees that no application for any building permit in respect of any
of the said Lands shall be made until:
(1) all easements for Utilities or drainage, or other purposes across the
lot or block in respect of which a building permit is proposed to be
issued have been transferred to the Town; and
(2) all the roads which are required to be constructed under this
Agreement to provide access to the proposed building, have been
constructed to at least the completed base course of asphalt, to the
written approval of the Director unless otherwise approved by the
Director.
L . R. : 16.4.86
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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 installed to the approval of
the authorities having jurisdiction over such Utilities.
Alternatively, the Town has received written confirmation from such
authorities that sufficient financial securities have been received to
cover the design and installation of same; and
(5 )
(6 )
SEE 4.5.10
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 condi tions
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.
(8 )
(9 )
(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 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
(1) (a) Notwithstanding the provisions of paragraph 4.5 of this Agreement, the
Owner may apply for building permits for up to Fifteen (15) model homes
on the lands, provided that such application is in conformity with the
requisite by-laws of the Town and The Ontario Building Co~, 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 obtai n the approval of the Director of Publ ic Works
in respect of access to the model homes.
Where an alternate access is proposed to provide access to model homes,
such access shall be of a standard acceptable to the Director of Public
Works and the Fire Chief of the Town of Newcastle.
L . R. : 16.4.86
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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 exerci sed, a rchi tectural control over the desi gn 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, Section
5.28 in respect of obligations of subsequent owners.
4.8 REQUIREMENTS FOR AUTHORIZATION TO OCCUpy
Notwithstanding the requirements of any statute regulation or by-law for the
issuance of any permit authorizing the occupancy of any dwelling or other
structure, the Owner shall not permit any building on the said lands to be
occupied, and no one shall occupy such building without the written permission
of the Town herei nafter called an "0ccupancy Permi t". In addi tion 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 the required street lighting system has been installed and
energized; and
L . R . : 16.4.86
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(2 )
all of the storm drainage system required to be constructed and installed
to service such building has been constructed and installed to the written
approval of the Director, and the building has been connected thereto; and
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 Hies; and
(3 )
the building has been connected to and is serviced by a water supply and
sewage disposal system to the written approval of the authority having
jurisdiction; and
the Owner's Engineer has provided the Director with certification being
written confirmation that the lot or block, where such building is
located, conforms to the Grading and Drainage Plan, or has received the
written approval of the Director with respect to any variance to the
Grading and Drainage Plan.
The building has received all final inspections required pursuant to the
BUilding Act and/or the Plumbing Code.
Notwithstanding the provisions of sub-paragraph (5) of this Clause the
Owner shall be entitled to a temporary Occupancy Pennit in the event that
the Owner has not been able to comply with the requirements of
sub-paragraph (5) by reason of seasonal, weather or other conditions
beyond the control of the Owner. Prior to the "Temporary Occupancy" of
said dwelling, confirmation with respect to the compliance with the
provisions of Sub-paragraphs 4.8(1), 4.8(2), 4.8(3), 4.8(4) and 4.8(6) is
to be provided, in writing, by the Owner. FurtherJOOre, the written
certification required in Section 4.8(5} shall be provided to the Town
within one (1) year of the date of "Temporary Occupancy" of said dwelling
unit. Failure to comply with the above will result in a reduction of the
Occupancy Deposit Letter of Credit pursuant to the provisions of Paragraph
3.15.
4.9 SPECIAL CONDITIONS (To be determined"in each case)
(l) The Owner acknowledges and agrees to submit a Stormwater ManageIrent Plan
that is acceptable to the Town of Newcastle and Central Lake Ontario
Conservation Authority. The Plan shall address the stonnwater run-off
concern in a manner consistent with the Courtice Stonnwater Management
Study.
Furthermore, the Owner agrees not to place fill, or grade the site,
without prior written approval being given by the Central Lake Ontario
Conservation Authority.
L. R. : 16.4.86
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5.
PUBLIC WORKS
5.1 TOWN WORKS REQUIRED
The Owner shall be responsible for the construction and installation of the
services and landscaping more particularly referred to in Schedule 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
Pub1 ic Utilities Conmission or other such authori ty 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 "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
"0wner's Engineerll, to administer this Agreement, whose duties are set out in
Schedu 1 e II I II 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 Drawi ngs of the Town. In the event of any dispute
as to such standards or in the event of any dispute as to such design
requirements, the decision of the Director shall be final.
5.5 APPROVAL OF ENGINEERING DRAWINGS
The Owner shall, prior to the issuance of any Authorization to Commence Works as
provided herein, have received the written approval of the Director for all
drawings of all of the Works hereinafter called the "Engineering 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 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 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
Drai nage Plan shall be resubmitted to the Di rector for reapproval and revi s ion,
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 Director of Public Works,
a plan hereinafter called the IIStaging Planll which divides the Plan into stages
for the construction, installation and maintenance of the Works and Utilities.
L. R. : 16.4.86
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The Owner shall not proceed until such Staging Plan has been approved by
Director of Pub1 ic Works, and shall proceed only in accordance with such
approved Plan, except as it may be subsequently amended with the approval of
the Director of Public Works.
5.8 APPROVAL OF SCHEDULE OF WORKS
The Owner shall, 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 sets out the timing sequence
in whi ch the Owner proposes to CQ ns tru ct and ins tall all of the Wor ks and
Utilities and, where the installation of the Works and Utilities are to be
staged the Owner shall, prior to the Authorization to Canmence Work for each
such stage, receive the written approval of the Director of a Schedule of Works
for such stage. The Owner shall proceed only in accordance with the 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 Comrrence
Work as hereinafter provided, the estimated cost of construction and
installation of all of the Works, hereinafter called the IIWorks Cost Estimatell,
shall be approved by the Director and entered in Schedule IIJII 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 IIStage 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
IIAuthorization to Commence Works". The Owner shall on1 y commence those Works
pennitted by the Authorization to Canmence Works. In addition to any other
requirements contained herein, no Authorization to Commence Works shall be
issued fOr any of the Works until:
(1) the Plan has received final approval 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 requi red 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 ente~d 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 roore particularly referred to in
Schedule "G"; and
L.R.: 16.4.86
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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 Community
Services for the Park Landscape Plan as required by paragraph 4.1 of this
Agreement;
(13) the Owner has recei ved the written approval of the Oi rector of Pub1i c
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) th~ Owner has deposited with the Town the Performance Guarantee applying
to that stage of the Plan for which the Owner is seeking such Authorization to
Commence Works as required by paragraph 3.6 of this Agreement and paid all cash
contributions, due to the Town, as required by Schedule IIJII; 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 overslzlng and external
services as required by paragraph 5.27 of this Agreement; and
(20) notwithstanding the above the Owner may commence installation of the work
as referred to in Schedule IfGII hereto with the written aprova1 of the Director,
prior to the registration of the Plan provided that Sections
3,4,7,8,9,10,11,12,13,14,15,16,17 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 aDY of the work pursuant to this
clause shall, notwithstanding the aforementioned approval of the Director, be
taken at the sole risk of the Owner. The Owner shall save harmless the
Municipality from any action or cause of action resulting from the construction
or installation of any of the work as may be undertaken pursuant to this Clause.
5.11 REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT STAGES
If the Town has approved a Staging Plan for the said Lands, the Owner shall
require an Authorization to Commence Works for each stage of the Plan. If the
Town has issued an Authorization to Commence Works for one stage of the Plan, in
addition to any other requirements contained herein, no Authorization to
Commence Works shall be issued for any subsequent stage of the Plan until:
(1) the Stage Cost Estimate for such stage has been approved by the Director
and entered in Schedule IIJII hereto; and
{2) the Owner has deposited with the Town the Performance Guarantee applying
to that stage of the Plan for which the Owner is seeki ng 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 Municipali ty may,
at any time, inspect the work of such contractor pertaining to the said Lands
and the Director, after consultation with the Owner's Engineer, shall have the
power to stop any such work in the event that, in their opinion, work is being
perfonned in a manner which may result in a completed installation that woul d
not be satiSfactory to the Town or in the event the financial guarantees,
required pursuant to this Agreement, are not maintained in good standing.
L.R.: 16.4.86
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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 carri ed
out in accordance with the regulations for construction as set out in Schedule
ilL II hereto.
5.14 SEQUENCE OF CONSTRUCTION AND INSTAllATION
The Owner shall, upon the issuance of an Authorization to Commence Works,
proceed to construct and install all of the Works continuously and as required
by the approved Schedule of Works. )
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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 COllll1ence Works, complete the construction and installation of
all of the Works authorized in such Authorization to Commence Works with the
exception of the curbs, sioowalks, 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 ~aid 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 unoor
this Agreement, then in any such case the Director on the authori~ 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 obli gations 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 unoor this agreement, then in
any such case the Director may notify the Owner and his surety in writing of
L.R.: 16.4.86
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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 assumpti on by the Town of any 1i abili ty 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
co~t of relocating any existing services, caused by the development of the sa id
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
aroUrJd the perimeter of the site. The number, location, and frequency of
observation of the piezometric observation wells shall be recommended by a
tl)'drogeologist and approved by the Director of Pub1 ic Works. The Owner further
agrees to undertake separate reports, to the satisfaction of the Director of
Publ ic 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 suppl y of water at no c os t to the
affected party; or
(b) where the interference to a well or private water supply is of a long
term duration, at the option of the Owner and at his expense, connect
the affected party to the Town water supply system or provide a new
well or private water system so that water supplied to the affected
party shall be of a quality and quantity at least equal to the
quality and quantity of water enjoyed by the affected party prior to
the interference.
5.20 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.: 16.4.86
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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
(lOot) 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 IICerti ficate of
Comp1etionll. In addi tion to any other requi rements contai ned herei n, 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 Engineeri ng Drawings approved by the
Oi rector; and
(2) The Town is satisfied that, in respect of the construction and
installation of all of the Works authorized by such Authorization to CanlTEnce
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 the lssuance 0 t e Certl icate of Completion for the initi a1
stage of road construction or upon the date of the issuance of the
Certificate of Completion for the final stage of road construction.
(b) Final Stage of Road Construction: one (1) year from the date of the
issuance of Certificate of Completion for the final stage of road
cons truct ion.
5.24 REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE
The Owner agrees that any of the Works covered by a Certificate of Completion
shall not be accepted, nor deemed to be accepted, for the purpose of this
Agreement, until the Director has provided the Owner with written confirmation
thereof, referred to herein as a IICertificate of Acceptancell. In addition to
any other requirements contained herein, no Certificate of Acceptance shall be
L .R.: 16.4.86
. '"
. 1
---..
i ~
;21
1:
- 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
provi de the Owner wi th a wri tten release for the sai d Lands, referred to here in
as the IICertificate of Re1easell, in a form suitable for registration or deposit
in the applicable Registry or Land Titles Office. In addition to any of the
requirements contained herein, the Certificate of Release for such stage shall
not be issued until:
(1) Certificates of Acceptance have been issued for all of the Works; and
(2) a registered Ontario Land Surveyor, approved by the Town, has provided the
Town with written confirmation that at a date not earlier than the end of
the maintenance period described herein, he has found or replaced all
standard iron bars as shown on the Plan and survey monuments at all block
corners, the end of all curves, other than corner roundings, and all points
of change in direction of roads on the Plan; and
(3) the Town Council has, by resolution, acknowledged that the Owner has met
all of the provisions of this Agreement.
The Certificate of Release shall operate as a discharge of the land described
therein of all obligations of the Owner under this Agreement with the exception
of the Owner's responsibility for drainage as provided herein and the Owner's
acceptance of the conditions for applying for Town building permits as provided
herein.
5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES
(1) In the event that the Owner is required to install oversized services
(hereinafter called "Oversized Servicesll) or services outside the limits of the
Plan of Subdivision (hereinafter called "External Services") which are more
particularly set out in Schedule "plI hereto, the Town agrees that upon a
developer of lands outside the Plan of Subdivision connecting to such Oversized
or External Services, to pay to the Owner that portion of the cost of the
Oversized or External Services (which is also set out in Schedule IIPII) that is
equal to the proportion of the excess capaci ty 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 capaci ty 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 IIplI 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
COOIpletion, at the highest prime lending rate charged during the previoos year
by the Bank of Montreal at its main branch in the City of Toronto, plus two
percent (2%).
(2) In the event that payment is required to be made under this paragraph by
the Town before the issuance of a Certificate of Completion, no interest shall
be added to the cost of Oversized or External Services.
L.R.: 16.4.86
,
. ,
e2~
. ,
,
. \
- 21 -
(3) In the event that payment is required to be made under this paragraph by
the Town before the first anniversary of the issuance of the Certificate of
Completion, interest shall be calculated at the highest prime rate charged by
such bank, plus two percent (2%) from the date of the issuance of the
Certificate of Completion to the date of payment. Interest shall be calculated
on a per diem basis to the date of payment.
5.28 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.
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 beha1 f.
SIGNED, SEALED AND DELIVERED)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
H TOWN OF NEWCASTLE
, I
KINGSBERRY PROPERTIES
JOHN FOLEY ~
tITLE: (
TITLE:
L . R. : 16 . 4 . 86
THE ROYAL BAN -OF CANADA, PER:Henry R. Shewfelt,
by its Att Se i anager, Commercial
Lending
Commercial Lending
Power of Attorney was registered August 19th, 1985 as
No. 2547. To the best of our knowledge and belief the
Power of Attorney is still in full force and effect and
has not been revoRed..
r::23
,
. -
"
. .
,
- 'THIS SCHEOULE IS SCHEDULE IIAII to the Agreement which has been authorized and
approved by By-law No. BG-s:) of the Corporation of the Town of Newcastle,
enacted and passed the /<- day of /?7~ 1986.
LEGAL DESCRIPTION OF SAID LANDS
situ ing and being, in the Town ~f Newcastle, in the Regional
Municipality 0 being that part of Lots 90 and 92, Registrar's complied
Plan No. 713, Township of ton, now in the Town of Newcastle designated as
Parts 1, 2 and 3, Plan No. 10R-455.
Subject to an Easement, described as
Regional Municipality of Durham, its successors and assigns, on,
Parcel 35-4, Section Cone. 2, Town of Newcastle (Darlingt3onon)'p1l.n::t~leOt:;~~~h~
Municipality of Durham now designated as Parts 1, 2 and I~~ f/~~;: , ~lr
,"AC ~~f~tj;i'
f ~ fv~ f'f1~
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, SEALEO AND DELIVERED
)THE CORPORATI
)
)
)
)
)
)
)
) K I NGSBER RY
) JOHN FOLEY
)
) TITLE:
)
)
) TITLE:
)
PROPERTIE S
~7
L.R.: 16.4.86
THE ROYAL BANK OE
by its Attorn
Shewfelt, Senior
mmercial Lending
anager, Commercial Lending
of Attome registered August 19th, 1985 as No.
2S 7. To the best of our knowledge and belief the Power
of Attorney is still in full force and effect and has not
been revoked.
.
, -
. '
,:(f
. '
,
, · 'THIS SCHEDULE IS SCHEDULE IIBII to the Agreement which has been authori zed and
. 'approved by By-law No. 8/G-S:S--of the Corporation of the Town of Newcastle,
enacted and passed the /2- day of ~ 1986.
PLAN OF SUBDIVISION
." .~;1
(copy of final plan prior to registration)
and
Copy of Plan of Subdivision 18T-79038
Part Lot 35, Concession 2, former Township of Darlington
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
TOWN OF NEWCASTLE
KINGSBERRY PROPERTIES
JOHN FOLEY ?~
T ITL E :
, I
TITLE:
L.R.: 16.4.86
mes M. Da1g lS, Sr. Asst. Manager, Commercial Lending
THE ROYAL BANK OF C
by its Attorneys
Shewfelt, Senior
Commercial Lending
Oiler of Attorney was registered August 19th, 1985 as
No. 2547. 'Ib the best of our knewledge and belie f the
Power of Attorney is still in full force and effect and
has not been revoked.
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lawl1: i D v \ PLAN lOR - 2022 I
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PLAN
10M - _ ____________
I CERTIFY THAT THIS PLAN 10 M- _ _ _ _'S REGISTERED
IN THE LAND REGISTRY OFFICE FOR THE LAND TITLES
DIVISION OF NEWCASTLE (N9 10) AT _____ O' CLOCK
()o.j THE __ _ _ DAY OF _ __ _ _ _ _. 1986 AND ENTERED
IN THE REGISTER FOR fV.\RCEL __ _ ___ __ _ _ ____
SECTION ____ _ _ _ AND REQUIRED CONSENTS
AND AFFIDAVITS ARE REGISTERED AS PLAN DOCUMENT
N9_______________
LAND REGISTRA R
CURVE DISTANCES SHOWN ON PLAN ARE ARCS
CURVE
DATA
TABLE
LOT
I
2
3
18
19
20
25
2.6
27
46
47
BLK 71
BLK 72
eLK 76
8lK8&
RADIUS
23.25
23. 25
23, 25
20. 00
20.00
20.00
26'00
26.00
26.00
23.25
23.25
23, 25
23' 25
23.25
22.95
6
2E? 26 06
29" 25 00
1301750
0400539
4701303
3S041 18
260 17 15
24056
lro 57 49
oro I 50
4f 41 23
900249'
32042 38
12049 00'
0249
ARC
10.727
II ' 937
5.396
I, 429
16.482
13. 505
" . 929
II . 316
8, 152
2.914
16.917
3.6n
13.273
5.201
3.624
CHORD
10.632
II . 806
5. 384
I. 429
16, 020
13.250
II . 825
11.227
8, 118
2. 912
16. 547
3.667
13.094
5.190
3.620
N 3S026 33 E
N 10031 E
N 100 50 25 W
N 20009 50 W
N 45049' II W
N 88046 21 W
N W37 58 W
N 5SO 14 43 W
N 7P41 46 W
N 75028 25 .. t
NSOOOO29.W
N2200Q'45"w
N 42053'2S"W
N SS004 06' E
N 22 00 45 W
PLAN
OF
SUBDIVISION
OF PART
TOWNSHIP
OF
OF
LOT 35, CONCESSION 2
DARL INGTON, now in the
TOWN
OF
NEWCASTLE
REGIONAL MUNICIPALITY
SCALE - l: 1250
C. F. FLEISCHMANN, O.L.S.,
OF DURHAM
1986.
20m
I
o
I
20
~
40
I
60
I
80m
I
METRIC: DISTANCES SHOWN ON TH IS PlAN ARE IN METRES
AND CAN BE CONVERTED 10 FEET BY DIVIDING BY 0.3048
~/)r 58
" -----
G)
lC)
It)
ex)
FOXHUNT
TRAIL
w~
~8
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:
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DETAiL
's'
(NOT TO SeA LE )
-----
1- ---- ------ --. .---- --.-.------ ---.
I FOX HUNT
I
TRAIL
I04t. VI
RESERVE
BLOCK 78
!!
o
N7"'S3'E
~~"~~J WIT
N7I063 E
104 ' 97
20
~
8 ":"~
d "0
co "'!!
-z
PART /
PLAN 10R- /409
LOT 80
DEl' Ai L 'A'
~ NOT TO SCALE j
OWNER'S
CERTIFICATE
I. THIS" IS TO CERTI FY THAT LOTS I TO 69, BOTH INCLUSIVE ,
BLOCKS 70 TO 76. BOTH INCLUSIVE I THE STREETS NAMELY,
EDINBOROUGH LANE. EMPIRE CRESCENT, FOXHUNT 'TRAIL I KINGSWAV
GATE, KINGSVIEW COURT AND KINGSWOOD DRIVE, THE STREET WIDENING
NAMELY BLOCK 77, AND THE RESERVES NAMELY BlOCKS 78 TO 88. BOTH
INCLUSIVE, HAVE BEEN LAID OUT IN ACCORDANCE WITH OUR INSTRUCTIONS.
2. THE STREETS AND THE STREET WIDENING ARE HEREBY DEDICATED AS
PUBL I C HIGHWAYS.
DATED THE _______DAY ~ ___ __ __ __ ____. 19EUL
REMLARK
HOLDINGS
LIMITED
MARK FOLEY, SECRETARY
SEAL
NOTE
BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE NI7029'20"W
OF THE EAST LIMIT OF TOWNLlNE ROAD SOUTH AS SHOWN ON PLAN
lOR - 455. TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF
DURHAM
STANDARD IRON BARS, SHOWN THUS
16mm SQ. IRON BARS, 60cm LONG, SHOWN THUS
20mm DIA. ROUND IRON BARS, 60cm LONG, SHOWN THUS
MONUMENTATlON FOUND
IRON BARS PLANTED . SHOWN THUS
STANDARD IRON BARS PLANTED, SHOWN THUS
SIB
18
IB0
.
~
--o!!t
SURVEYOR'S
CERTI FICATE
I CERTI FY THAT:
I. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE
SURVEYS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE
THEREUNDER.
2. THE SURVEY WAS COMPLETED ON THE _ _ _ __ _ DAY OF _ _ _ _ ____, 1986.
DATE
C.F. FLE ISCHMANN
ONTARIO LAND SURVEYOR
DONEVAN 8
ONTARIO
II ONTARIO ST.,
OSHAWA, L1G 4Y6
725- 4795, 683 - 3701
FLEISCHMAN N CO. LTD.
LAND , SURVEYORS
PICKER.NG Ta.vN CENTRE
PICKER.NG, L1V 188
839- 8693
DRAWN BY: J.D.J. CHKD BY: G.C.F. SCALE - I: 1250
JOB N9 1- 5760
!
, .-
~
;2&
.. ~). '~ ...: t
, \
. THIS SCHEDULE IS SCHEDULE lie" to the Agreement which has been authorized and
approved by By-law No. 1f!,6-s-s- of the Corporation of the Town of Newcastle,
enacted and passed the /2..... day of h?7 1986.
CHARGES AGAINST SAID LANDS
(1) MUNICIPAL TAXES
(Paid upon execution, where applicable)
(2) LOCAL IMPROVEMENT CHARGES
(Paid upon execution, where applicable)
(3) DRAINAGE CHARGES
(Paid upon execution, where applicable)
.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seal s
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )THE CORPORATI
)
)
)
)
)
)
)
) KINGSBERRY PROPERTIES
l JOHN FOLEY M
) TIrLE:
)
)
) TITLE:
) 'I
L. R. : 16. 4.86
Shewfelt, Senior
Commercial Lending
, Sr. Asst. Manager, Commercial Lending
Power of 'Attorney was registered August 19th, 1985
as No. 2547. To the best of our knOWledge and belief
the Power of Attorney is still in full force and effect
and has not been revoked.
~ 1 '.
. .. J
"
,THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and
'approved by By-law No. 86 -~ of the Corporation of the Town of Newcastle,
enacted and passed the /2- day of . m-'9-Y 1986.
VEV ELOPfvlENT CHARGES
~
,2/
\ ~.
".
t
The Owner shall pay to the Town development charges in the amount of $112,050.00
(calculated at the rate of $1~245.00 for each dwelling unit) which shall be paid
as follows:
25% of the aforesaid sum being $28,012.50 forthwith upon the date of
execution of this Agreement
25% of the aforesaid sum being $28,012.50 at the date of the issuance of
the building permit for the first dwelling unit.
25% of the aforesaid sum being $28,012.50 on the first anniversary of the
issuance of the building permit for the first dwelling unit, or upon the
issuance of the building permit for the Forty-sixth (46th) dwelling unit,
whichever date is the sooner.
the remainder of the aforesaid sum being $28,012.50 twenty-four (24)
months following issuance of the building permit for the first dwelling
unit or upon the issuance of the building permit for the final dwelling
unit, whichever date is the sooner.
For the purposes of this Schedule and the Agreement development charges actually
paid to the Town shall be applied in the first instance on a pro-rata basis
against all lots or blocks within the Plan upon which it is contemplated by this
Agreement that residences shall be built but, upon the issuance of the first
building permit and thereafter, the development charges shall be first applied
in full satisfaction of the development charges owing on the lots or blocks in
respect of which the building permits have been issued and the balance of any
development charges actually paid to the Town (if any) shall be applied on a
pro-rata basis against all lots or blocks within the Plan upon which it is
contemplated by this Agreement that resi dences shall be built but for which no
building permit has been issued.
For the purposes of thi s Schedule and the Agreement the nulTber of bui 1 di n9
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
capi tal costs as may be appropri ate us; n9 the Southam Construct ion Index for
calculating such adjustments.
- The Owner hereby acknow1 edges and agrees to such annual adj ustment 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 seal s by the hands of their proper officers duly
authorized in that behalf.
SIGNErr, SEALED AND DELIVERED )THE CORPORAT
)
)
)
)
)
)
)
) KINGSI3ERRY P
. d ) JOHN FOLEY
Power of Attomey was reglstere )
August 19th, 1985 as No. 2547. 'Ib )
the best of our knowledge and belief)
the Power of Attorney is still in )
full for::e and effect and has not ) Tl TLE:
been revORed.
L.R.: 29.5.86
o
Manager, Commercial Lending
'-
~
;29
.'
. .-}
, '.
~. 'THIS SCHEDULE IS SCHEDULE "EII to the Agreement which has been authorized and
. approved by By-law No. ~6-S-:>-of the Corporation of the Town of Newcastle,
enacted and passed the / L day of m~r 1986.
GRANTS OF EASEMENTS TO BE DEDICATEO
The Owner shall deliver to the Town in a form satisfactory to the Town the
following easements:
(by reference plan)
i )
Part 1 on Plan 10R-
... .storm sewer detention system
ii) Parts 1 and 2 on Plan lOR-
. . .. storm sewer easement
(Part of Lots 19 & 20 on Plan 10M- )
i;i) Parts 1, 2, 3 on Plan 10R-
.... Temporary cul-de-sac
(Part of Lots 24 & 25 on Plan lOM-
iv) Parts 4 and 5 on Plan 10R-
....Temporary cul-de-sac
(Part Lot 37 & Block 74 on Plan
lOM- )
v) Parts 1, 2, 3 on Plan lO~-
....Rear lot catch basin
(Part Lot 37 & Block 73 on Plan
lOM- )
vi} Part 1 on Plan lOR-
vii) Parts 2 & 3 on Plan lOR-
viii) Parts 1,2,3 & 4 on Plan lOR-
ix) Parts 1,2,4 & 5 on Plan 10R-
x) Parts 3,4,5 & 6 on Plan lOR-
....Temporary cul-de-sac
(Part Lot 57 on Plan lOM-
....Temporary cul-de-sac
(Part Lots 55 & 5~ on Plan lOM-
... .Storm sewer easement
(Part Lots 3 & 4 on Plan lOM-
... .Rear lot catch basin
(Part Lots 66 & 67 on Plan lOM-
. . . . Tempo rary cu 1-de-sac
(Part Lots 66 & 67 on Plan lOM-
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seal s by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
)THE CORPORATI
)
)
)
)
)
)
)
)
)
)
)
)
)
) IITLE:
)
KINGSBERRY PROPERTIES
JOHN FOlEY~
TITLE: .
L . R. : 16.4.86
Power of Attorney was registered
August 19th, 1985 as No. 2547. 'lb
the best of our knowledge and belief
the Power of Attorney is still in
full force and effect and has not
been revoked.
Shewfelt, Senior
Commercial Lending
, Sr. Asst. Manager, Commercial Lending
>,\~~\,..
PLAN
MATERIAL
.. ~STIC MATERIAL - MVLAR
GAUGE 0-003 INCH
PROCESS - PHOTOGRAPHIC
, INK SPECIAL 'T'
,........ALAR lItIO-9..8'
I-
I .
-7
..- -
lJJ
(..)
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n. ,...
:ce
w
PLAN
OF PART
lOWNSHIP
TOWN
OF
SURVEY
OF LOTS 55, 56 a 57, R..AN IOM-
OF DARLINGTON, now in the
OF
NEWCASTLE
REGIONAL MUNICIPAUTY OF DURHAM
SCALE I : 500
C. F: FLEISCHMANN, O.L.S., 1986.
10m
I
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I
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I
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I
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i 60 Lor .
----------i . Q5
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IV 10M ~ 't- I
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6 .00 r ~-i
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t:~. rn
as:&l Z
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...
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vc
5628/
,tiP
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'.... !! II 1 lOO!i)
N71053'E
6.00
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(IOOIl)
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.
I REQUIRE THIS PLAN TO BE
DEPOSITED UNDER THE LAND
TITLES ACT.
PLAN lOR.. ___
RECE IVED AND DE PO S I TED
DATE_______
DATE _______
SIGNATURE
LAND REGISTRAR FOR THE
LAND TITLES DIVISION OF
NEWC ASTLE ( N2 10)
"CAUTION" THIS PLAN IS
WITHIN THE MEANING OF
NOT A PLAN OF SUBDIVISION
THE PLANNING ACT.
METRIC: DISTANCES SHOWN ON TH IS PLAN ARE IN METRES
AND CAN BE CONVERTED 10 FEET BY DIVIDING BY 0.3048
NOTE
BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE N 1&007' W OF
A WEST LIMIT OF FOXHUNT TRAIL AS SHOWN G.I PLAN 10M-
TOWN OF NEWCASTLE, REGIONAL MUNICIPALITY OF DURHAM
STANDARD IRON BARS, SHOWN THUS SIB
16 mm SQ. IRON BARS, 60 em LONG, SHOWN THUS IB
20mm DIA. ROUND IRON BARS, 6Q em LONG. SHOWN THUS IB ~
MONUMENTATION FOUND .
MONUMENTATION PLANTED C
.
SURVEYOR'S
CERTI FICA TE
I CERTIFY THAT:
1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS
ACT AND THE LAND TIlLES ACT AND THE REGULATIONS MADE
THEREUNDER.
2. THE SURVEY WAS COMPLETED ON THE
DAY OF . 1986.
DATE
C. F. FLEISC HMANN
ONTARIO LAND SURVEYOR
DON EVAN a FLEISCHMANN CO.' LTD.
ONTARIO LAND SURVEYORS
II ONTARIO ST., SHERIDAN MALL,
OSHAWA, LtG 4Y6 PICKERING, L1V 188
725-4795.683-3701 839-8693
DRAWN BY; J.D.J. CHKD. BY: G. C. F. SCALE I: 500 JOB Nil 1- 5760 E
PLAN
MATERIAL
PLASTIC MATERIAL - MYLAR
GAUGE 0>003 INCH
~SS - PHOTOGRAPHIC
INK SPECIAL 'T'
PLAN a= SURVEY
OF PART a= LOT 37 AND PART OF
BLOCKS 73 a 74, RAN 10M -
TOWNSHIP OF DARLINGTON, now in the
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
SCALE - I : 500 1 C.t=: FLEISCHMANN, O.L.S" 1986
10m
I
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I
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~ __ '<:' ''Vr [' ...:>~ ~., --:-..L..
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i 2;:'- '~~Y'--
{NOT TO SCAi...E'
""\
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) 8
IV
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I.
DETA:~ IA I
. TRANSLAR _s..81
I
IOM-
DARLINGTON
I REQUIRE THIS PLAN TO EE
DEPOSITED UNDER THE LAND
TI TLES ACT.
PLAN IOR-___
RECEIVED AND DEPOSITED
DATE_______
DATE_______
SIGNATURE
LAND REGISTRAR FOR THE
LAND TITl.ES DIVISION OF
NEWCASTLE (N9 10)
"CAUTION" THIS PLAN IS
WITHIN. THE MEANING OF
NOT A PLAN OF SUBDIVISION
THE PLANNING ACT.
METRIC: DISTANCES SHOWN ~ TH IS. PLAN ARE IN METRES
AND CAN BE CONVERTED 10 FEET BY DIVIDING BY 0.3048
NOTE
BEARINGS ARE ASTRONOMIC AND ARE REFERRED 10 THE N8~40' 40"W
OF KINGSVIEW COURT AS SHOWN ON PLAN 10 M _
TOWN OF NEWCASTLE, REGIONAL MUNICI PALl TY OF DURHAM.
STANDARD IRON BARS, SHOWN THUS
16 mm SQ. IRON BARS. 60 em LONG, SHOWN THUS
20mm DIA, ROUND IRON BARS, 60em LONG, SHOWN THUS
MONUMENTATION FOUND
MONUMENTATION PLANTED
SIB
IB
IB'
.
--0---
SURVEYOR'S
CERTIFICATE
I CERTIFY THAT:
1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS
ACT AND THE LAND TITL ES ACT AND THE REGULATIONS MADE
THEREUNDER.
2. THE SURVEY WAS COMPLETED ON TH E
~Y OF
.1986.
DATE
C. F. FLE ISCHMAN N
ONTARIO & LAND SURVEYOR
OONEVAN
ONTARIO
II ONTARIO 51.,
OSHAWA ,ltG 4Y6
725 -4795 . 683 -3701
DRAWN BY: J.D.J. CHKD. BY: G. C. F.
a
FLEISCHMANN CO. L TO.
LAND SURVEYORS
SHERIDAN MALL,
PICKERING, lIV IB8
839- 8693
SCALE I : 500
JOB N2 1- 5760 E
CD
.:.,.,,"- ,-
- )
J')
4,
tJ
.rr'
III
\
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~ j~ ..
VA;~ ~Vv~
/?
7 t.J~
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('J
,.-P~NMATERIAL _
',uSTIC MATERIAL-MYLAR
" GAUGE 0-003 INCH
PlitOCEss - PHOTOGRAPHIC
iNK SPEC IAL 'T'
PLAN
OF MRT'
1QNNSHIP
OF
SURVEY
OF LOTS 24 825. PlAN 10M--
OF 'DARLINGTON " now in the
TOWN OF NEWCASTLE
REGIONAL -MUNICIPALITY OF DURHAM
SCALE ....1:250
C.F FLEISCHt.1ANN. O.L.S. . 1986.
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I REQUIRE THIS PLAN TO BE
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TI TlES ACT.
PLAN lOR- _-"-_
RECEIVED AND DEPOSITED
DATE _______
DATE_______
SIGN A TUftE
LAND REGISTRAR FOR THE
LAN> TITlES DIVISION. OF
NEWCASTLE
"CAUnONIl THIS PlAN
WITHIN THE MEANING
IS NOT A PlAN OF SUBDIVISION
OF THE PLANNING ACT.
METRfC:DISTANCQ SHOWN ON nUS PLAN' ARE IN METRES
AND CAN BE CONVERTED '10 FEET BY OIVIDfNGBY 0'3048
NOTE
.BEARINGS ARE ASTRONOMIC AND ARE REFERRED 10 lHE N 1~29'20"W OF
AN EAST UMIT'Of -- KlNGSWOOO DRIVE AS SHOWN ON PLAN IOM-
'TOWN OF NEWCASTLE, REGIONAL MUNICIPALITY OF DURHAM.
STANDARD IRON BARS, SHOWN THUS SIB
16 mill SQ. IRON BARS, 60 em LONG. SHOWN THUS IB
2Qnun DIA. ROUND IRON BARS, 60 em LONG. SHOWN THUS 18 "
MONUMENTAT10N FOUND .
MONUMENTATION PLANTED 0
.
SURVEYOR'S
CERTIFICATE
I CERTIFY THAT:
1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS
ACT AND THE lAM) Tl~ ACT AND THE REGULATIONS MADE
THEREUNDER.
2. THE SURVEY WAS COMPLETED ON THE
DAY OF . 1986
DATE
C. F. FLEI S CH MAN N
ONTARIO LAND SURVEYOR
OONEVAN a FLEISCHMANN co. L TO.
ONTARIO LAND SURVEYORS
II ONTARIO ST., SHERIDAN MALL,
OSHAWA t LIG 4 Y$ PICKERING t UV IB8
725-4795, 683-3701 839-8693
DRAWN BY: J.O.J. CHKD. BY: G.C.F. SCALE I: 250 JOB Nil 1-5760 E
PLAN
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REGIONAL iMUNICIRlLITY
SCALE 1400
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PLAN IOR..___
I REQUIRE THIS PLAN TO BE
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TiTLES ACT.
RECEIVED AND DEPOSITED
DATE _______
DATE_______
SIGNATURE
LAND REGISTRAR FOR THE
lAND TIRES DIVISION OF
NEWCASTLE ( . NQ. 10)
"CAUTION" THIS PLAN
WITHIN THE MEANING
IS NOT A PLAIN OFSUBOIVISfON
OF THE PLANNING ACT.
METRIC: DISTANCES SHOWN ON TH IS . Pl,.AN ARE IN METRES
AND CAN BE CONVERTED TO FEET BY DIVI DING BY O' 3048
NOTE
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'TOWN OF NEWCASTLE, REGIONAL' MUNICIPALllY OF OORHAM
STANDARD IRON BARS, SHOWN THUS SIB
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20mm DIA. ROUND IRON BARS. 60 em LONG, SHOWN THUS IB'
MONUMENTATION FOUND .
MONUMENTATION PLANTED .0
,
SURVEYOR'S
CERTIFICATE
I CERTIFY THAT:
1. THIS $URVEYAND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS
ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE
THEREUNDER.
2. THE SURVEY WAS COMPLETED ON THE
DAY OF , 1986
DATE
C. F. FLEI SCHMANN
ONTARIO LAND SURVEYOR
DON EVAN
ONTARIO
II ONTARIO ST.,
OSHAWA, LIG 4Y6
725 -4795 , 683 -3701
DRAWN BY: J.D.J. CHI<D. BY: G.C.F.
a
FLEISCHMANN CO. LTD.
LAND SURVEYORS
SHERIDAN MAll,
PICKE~"NGJ UV 188
8~~~~693
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TOWN
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1986.
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SIG NATURE
LAND REGISTRAR FOR THE
LAND TITLES DlVI S ION OF
NEWCASTLE (Nt 10 )
PART I - PART OF PARCEL 35-3, SECTION CON. 2, NEWCASTLE
(DARLINGTON)
"CAUTION" THIS PLAN IS
WITHIN THE MEANING OF
NOT A PLAN OF SUBDIVISION
THE PLANNING ACT.
METRIC: DISTANCES SHOWN ON THIS PLAN ARE.~ METRES
AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048
NOTE
BEARINGS ARE ASTRONOMIC AND ARE REFERRED 10 THE N 18007 'w OF AN
EAST LIMIT OF PART 3, AS SHOWN (J,J PLAN lOR - 455, 10WN OF
NEWCASTLE. REGIONAL MuNlCIPAUTY OF OORHAM.
STANDARD IRON BARS. SHOWN THUS
16 mm sa. IRON BARS, 60 em LONG, SHOWN THUS
20mm DIA. ROUND IRON BARS, 60cm LONG, SHOWN THUS
MONUMENTATtON FOUND
MONUMENTATION PLANTED
SIB
IB
IB il
.
---cr-
SURVEYOR'S
CERTIFICATE
I CERTIFY THAT:
1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS
ACT AND THE LAN> TITLES ACT AND THE REGULATIONS MADE THEREUNDER.
2. THE SURVEY WAS COMPLETED ON THE
DAY OF , 1986
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DATE
C. F. FLEISCHMANN
ONTARIO LAND SURVEYOR
a
FLEISCHMANN co. L TO.
SURVEYORS
SHERIDAN MALL,
PICKERING. LlV 188
839-8693
SCALE I: 1250 JOB Nil 1- 5949 E
OONEVAN
ONTARIO
If ONTARIO ST.,
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I REQUIRE THIS PlAN TO BE
DEPOSITED UNDER THE LAND
TITLES /1II:.T
RECEIVED AND DEPOSITED
DATE _______
DATE_______
SI taN ATURE
LAND REGISTRA R FOR THE
LAND nn.Es DIVISION OF
NEWCASTL~ (Ni 10)
"CAUTION" THIS PLAN IS
WITHIN THE MEAN1NG OF
NOT A PLAN OF SUBDIVISION
THE PLANNING ACt
MET'A1C: DISTANCES 'SHOWN , ON THIS PLAN ARE IN METRES
AND CAN BE CONVERTED 'Tt) FE:ET8Y DIVIDING 8'1 0-3048
NOTE
'sEARlNGSARE ASTftoNoMIC AM> ARE REFERRED 10 THE NI7029' 20"W OF
AN EAST LIMIT OF KfiGSWOOO DRIVE AS SHOWN ON PLAN lo.t-
TOWN OF NEWCASTLE . RIEGIONAL MUNICIPALIty OF DURHAM.
STANDARD IRON BARS, SHOWN THUS SIB
J6 mm sa. IRON BARS, 60 em LONG, SHOWN THUS 18
20mm DIA. ROUND IRON BARS, 60 em LONG, SHOWN THUS 18 .
MONUMENTATlON FOUND . .
MONUMENTATION PLANTED a
.
SURVEYOR'S
CERTIFICATE
I CERTIFY THAT;
1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS
ACT ANP THE LAND TITl,.ES ACT AND lHE REGULATIIONS MADE
THEREUNDER.
2. THE SURVEY WAS COMPLETED ON THE
DAY OF . 1986
DATE
C. F. FLEISCHMANN
ONTARIO LAND SURVEYOR
DON EVAN
ON TAR 10
II ONTARIO St.
OSHAWA t LtG 4Y6
725-479!5 . 683-3701
DRAWN 8Y: J. D.J. CHKD. BY: G.C.F.
a
FLEISCHMANN CO. LTD.
LAND SURVEYORS
SHER1DAN MALL"
PICKERING, UV IB8
839- 8693
SCALE I I 250 JOB NI 1- 5760 E
, -
.
I
3to
,~ . ,nus SCHEDULE IS SCHEDULE IIFII to the Agreement which has been authorized and
,. approved by By-law No. Bc:;-S-~of the Corporation of the Town of Newcastle,
enacted and passed the /~ day of ~~r 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 followi n9 1a nd:
1(i) Blocks 83, 85, 87 (Block IIJ" on Draft Plan)
(i i) Bloc k s 82, 86 (B 1 ock "KII on Draft Plan)
(iii) Block 84 (Block "L II on Draft Plan)
(iv) Block 79 (8lock 11M II on Draft Plan)
(v) Block 78 (Block IINII on Draft Plan)
( vi) Bloc k 80 (Block 110" on Draft Plan)
(vi i) Block 81 (Block "P" on Draft Plan)
2. Block 75 (Blocks IIGII & IIH" on Draft Plan)
3.
Block 72
(Block 11111 on Draft Plan)
0.3 Metre Reserve
0.3 Metre Reserve
0.3 Metre Reserve
n.3 Metre Rese rve
0.3 Metre Reserve
0.3 Metre Reserve
0.3 Metre Reserve
IIConservation and
Open Space" - NOT
PARK DEDICATION
PARK DEDICATION
(2) CASH IN LIEU OF LANDS NOT APPLICABLE.. Block 72 ... Park Dedication
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
L . R. : 16. 4 . 86
)THE CORPORATION OF TH TOWN OF NEWCASTLE
)
)
)
)
)
)
)
)
)
)
)
)
)
) TITLE:
)
KINGSBERRY PROPERTIES
JOHN FOLEY~
TITLE:
!
THE ROYAL BMfK OF CANADA,
by its At n
Shewfe1t, Senior
Commercial Lending
r. Asst. Manager, Commercial Lending
Power of attorney was registered August 19th, 1985 as
No. 2547. To the best of our knowledge and belief
the Power of Attorney is still in full force and effect
and has not been revoked.
, .
i29
37
THIS SCHEDULE IS SCHEDULE IIGII to the Agreement which has been authori zed and
approved by By-law No. g6-=:>-"5- of the Corporation of the Town of Newcastle,
enacted and passed the /2- day of ~4! 1986.
WORKS REQUIRED
,.
1. STORM SEWER SYSTEM
The Owner shall construct, install, supervise and maintain a storm drainage
system, satisfactory to the Town, for the removal of upstream storm water and
storm water originating within the said lands, including storm sewer mains,
manholes, service connections, catchbasins and leads, open channels, storm
outfal1s and any other appurtenances as may be required in accordance with the
Town of Newcastle's Design Criteria and Standard Drawings.
The Owner agrees to produce Engineering Drawings for the storm drainage system,
to the satisfaction of the Director of Public Works.
The Owner agrees to obtain any easements required external to the said lands, at
no expense to the Municipality for the disposal of storm water from the said
lands.
2. ROADWA YS
The Owner shall construct and install the following services on the various
streets, shown on the Plan as fo110ws:-
(a) pavement widths to be applied to the following streets:- 8.5 metres
(b) The grading and paving of all streets, including the installation of
Granular IIAII 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, in the locations as shown on the approved Engineering Drawings.
(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 dri veways
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, energize and maintain Street
Lighting, in accordance with the Town's specifications, on all streets and
walkways, to the satisfaction of the Director of Public Works.
(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 Pub1i c Works.
L . R. : 16.4.86
" .& "
-aer
31'
Schedule "GII
- 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 horticu1 turi st (and guarantee for one year from
date of planting) one tree on each lot, as per the Landscaping Plan and in
accordance with the Town of Newcastle's Design Criteria and as approved by
the Director of Public Works. Tree species to be to the satisfaction of
the Director, and 2 to 2.5 metres in height and 3 cm. in caliper, staked
and bagged as necessary.
3. PEDESTRIAN WALKWAYS NOT APPLICABLE
The Owner agrees to construct, install and maintain completed pedestrian
walkways, including all appurtenant fencing and lighting, in accordance with
Engineering Drawings to be approved by the Director of Public Works, and shall
be:
(i) paved or concrete from edge to edge;
(in properly drained;
(iii) fenced and screened; I
(iv) extended to the curb of any intersecting streets and provide appropriate
curb cuts at these locations.
4. TEMPORARY TURNING CIRCLES
The Owner shall provide and grant to the Town any turning circ1e(s) required by
the conditions of draft plan approval in accordance with the Town's Standard
Drawings, and construct and maintain such turning circles in accordance with the
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 said street at
which time the block shall be conveyed without charge to the owners of the
abutti ng lots.
5. CONSERVATION WORKS
In addi tion to the work requi red 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 Park
Landscape 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. Additionally, as noted within the draft conditions of
approval, on Schedule IISII, the park block (Block 72) is to be sodded.
7. FENCING NOT APPLICABLE
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;
(i 1) wal kways;
(iii) park or open space blocks.
L.R.: 16.4.86
, ~
.1 1
~
3q
,
. -
.
.' Schedule IIGII
- 3 -
8. EXTERNAL WORKS
NOT APPLICABLE
The Owner agrees to pay one-hal f of the cost of reconstruction of
abutting his lands. The reconstruction program will include:
(a) (i)
( ; i )
(iii)
(iv)
(v)
(vi)
( vi i )
Storm sewer system and all appurtenances
Installation of Granular IIAII and "BII and paving to a pavement
width of 10 metres
Curb and Gutters and Sidewalks
Sodding of boulevards
Paving of driveway approaches
Street 1 ightin9
Any Regional works required.
(b) All work to be completed to the Town of Newcast1e1s 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 interva1s):-
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seal s by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
)THE CORPORATION OF THE TOWN OF NEWCASTLE
) \
)
)
)
)
)
)
) KINGSBERRY
) JOHN FOLEY
)
) TITLE:
)
)
) TITLE:
)
~
PR~
{/
L. R. : 16 . 4 . 86
Shewfelt, Senior
Commercial Lending
, Sr. Asst. Manager, Commercial Lending
wer of Atto~y was registered August 19th, 1985 as
No. 2547. To the best of bur knOWledge and belief
the Power of Attorney is still in full force and effect
and has not beEn revoked.
-d5<
tfD
THIS SCHEDULE IS SCHEDULE IIHII to the Agreement which has been authori zed and
approved by By-law No. ~-s~of the Corporation of the Town of Newcastle,
enacted and pas sed the /2- day of h~ 1986.
UTILITIES AND SERVICES REQUIRED
1. ELECTRICAL SUPPLY SYSTEM
Ii"
The Owner shall arrange with the appropriate authority having jurisdiction for
the design, provision and installation of an electrical supply system to serve
the lands, in the locations as approved by the Director. All electrical
services are to be installed underground.
The Owner shall also make any necessary arrangements with any T.V. Cable Campany
in order that the installation of any such system shall take place so far as
possible contemporaneously with the installation of other services so as to
cause minimum disruption of municipal services.
2. STREET LIGHTING SYSTEM
"
The Owner shall arrange with the appropriate authority having juriSdiction for
for the design, provision and installation of a complete street lighting system
to serve the said Lands on behalf of the Town in whose ownership the system
shall vest upon acceptance of the works including all appurtenant apparatus and
equipment, in the locations as approved by the Director. The Owner shall
furnish written evidence satisfactory to the Director that such arrangements
have been made prior to the issuance of any Authorization to Commence Works.
3. TELEPHONE SYSTEM
The Owner shall arrange with Community Telephone Limited and/or Bell Canada for
the design,provision and installation of a telephone system to serve the said
Lands, as approved by the Director. All telephone services are to be installed
underground.
4. GAS SUPPLY SYSTEM
The Owner shall arrange 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 Illy 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 desi gn,
provision and installation of a complete cable television distribution system to
serve the said Lands. All cable television services are to be instal led
underground.
6. MAIL DISTRIBUTION SYSTEM
The Owner shall arrange with Canada Post for the provision and installation of a
mail distribution system to service the said lands, in the location as approved
by the Director.
L.R.: 16.4.86
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IN WITNESS WHEREOF the parti es hereto have hereunto set their hands and seal s
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
)THE CORPORATION OF
)
)
}
}
}
)
)
)
)
}
}
)
}
} TITLE:
}
,~.
.
KINGSBERRY PROPERTIES
JOHN FOLEY ~
TITLE:
L. R. : 16.4.86
Shewfe1t, Senior
Commercial Lending
Asst. Manager, Commercial Lending
,--./
/
~r of Attorne as registered August 19th, 1985 as No.
2547. To the best of our knowledge and belief the
Power of Attorney is still in full force and effect
and has not been revoked.
,
, .
~
1- ..:2
..
, '
· THIS SCHEDULE IS SCHEDULE III II to the Agreement which has been authorized and
approved by By-law NO.8G-~ of the Corporation of the Town of Newcastle,
enacted and passed the (2:- day of ~ 1986.
DUTIES OF OWNER'S ENGINEERS
1. DESIGN WORKS AND PRIVATE WORKS
The Owner's Engineers shall prepare the following for the approval of the
Director:
(a) the Engineeering Drawings;
(b) the Grading and Drainage Plan;
(c) the Landscaping Plan;
(d) the Schedu 1 e of Work;
(e) the Staging Plan;
(f) the Works Cost Estimate; and
(g) the Stage Cost Estimate.
The approval of the Director shall not absolve the Owner or the Owner's Engineer
of the responsibility for any errors or omissions in the above drawings, Plans
or documents.
2. REPRESENT OWNER AND OBTAIN APPROVALS
The Owner's Engineer shall act as the Owner's representative in all matters
pertaining to the construction and installation of the Works and shall
co-operate with the Town to obtain the necessary approvals for construction and
installation.
3. PROVIDE RESIDENT SUPERVISION
The Owner's Engineer shall provide fully qualified supervisory layout and
inspection staff to provide continuous service during all phases of the
construction and installation of the Works and the Private Works and to perform
the following:
(a) provide field layout including the provision of line and grade to the
contractors and, where requiredt restaking; and
(b) inspect the construction and installation to ensure that all work is being
performed in accordance with the contract documents; and
(c) arrange for or carry out all necessary field testing of materials and
equipment installed or proposed to be instal led at the request of the
Di fector; and
(d) provide co-ordination and scheduling of the construction and instal lation
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 inst~lation; 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 rronth1y basis, or at such other interval
as approved by the Director.
L.R.: 16.4.86
,
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"
"\... I I"
. ." Schedule I
--as
i-3
6. PREPARE AS CONSTRUCTED DRAWINGS
- 2 -
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 )THE CORPORATION OF THE TOWN OF NEWCASTI..E
)
)
)
)
)
)
)
) KINGSBERRY PR
) JOHN FOLEY
)
)
)
)
) TITLE:
)
L.R.: 16.4.86
Shewfe1t, Senior
Commercial Lending
s , Sr. Asst. Manager, Commercial LEnding
Power of Attorney was registered August 19th, 1985 as No.
2547. To the best of our knowledge and belief the Power
of Attorney is still in full force and effect and has
not been revoked.
--dC
, LJf-
\
.
,
"""1 ;fHIS SCHEDULE IS SCHEDULE IIJ II to the Agreement whi ch has been authorized and
' ,
. approved by By-law No. $6.-SS of the Corporation of the Town of Newcastle,
enacted and passed this /2..... day of h~r 1986.
KINGSBERRY PROPERTIES
TOWN OF NEWCASTLE
WORKS COST ESTIMATE
Part II - Road Base Works
UNIT
ITEM DESCRIPTION UN IT QUANTITY P RI CE TOT AL
L Granular B m3 4810.00 $ 13.50 $64, 9311 .00
2. Granular A m3 2420.00 20.00 48,400.00
3. HL6 Base Asphal t m3 625.00 105.00 1)5,fi25.00
4. 100mm Pipe Underdrain lom. 3008.00 8.00 ?4,O64.00
5. Concrete Base Curb lom. 3008.00 20.00 60,160.00
6. Street Lights each 26.00 1400. no 36,4no.oo
7. Dead-End Barr; ca des each 5.00 650.00 3,250.00
8. Street Signs each 8.00 175.00 1,400.00
Sub Total $304,234.00
15% Engineering & Contingencies 45,635.10
TOTAL PART II $349,869.10
Part III - Above Ground Works
L HL3 Surface Asphalt m3 500.00 $ 105.00 $ 52,500.00
2. Top Concrete Curb l.m. 3008.00 15.00 45,120.00
3. Concrete Sidewalk 1.m. 1531. 00 37.00 56,647.00
4. Topsoil and Sod Boulevard rn2 15300.00 2.75 42,075.00
5. Driveway Approach each 42.00 300.00 12,600.00
6. Fencing lorn. 261.00 35.00 9,135.00
7. Street Trees each 91. 00 60.00 5,460.00
Sub Total $223,537.00
15% Engineering & Contingencies 33,.530.55
TOTAL PART I II $257,067.55
Part I - Underground Services & Grading
1. Rough Grading & Excavation m3 3?OOO.nO $ 3.00 $ 9fi,000.00
2. 300mm Concrete Pipe l.m. 388.76 90 . 00 34,988.40
3. 375mm Concrete pipe 10m. 164.90 100.00 16,490.00
4. 450mm Concrete Pipe l.m. lAl.6F; 110.00 19,982.60
5. 525mm Concrete Pipe lorn. 122.00 120.00 14,640.00
6. 600mm Concrete Pipe , . m. 41 . 37 150.00 6 , 20 5 . 5 0
7. 825mm Concrete Pipe lorn. 279.97 250.00 6 9 , 992 . 50
8. 900mm Concrete Pipe l.rn. 455.82 325.00 14R , 141 .50
9. 800mm x 2.0mm Thick C.S.P. lom. 117.75 150.00 17,662.50
10. 900mm x 2.0rnm Thick C.S.P. l.m. 19.50 170.00 3,315.00
11. 1200mm Precast Manhole v.m. 42.65 550.00 23,457.50
12. 1500mm Precast Manhole v.m. 9.80 600.00 5,880.00
13. 1800mm Precast Manhole v.rn. 34.00 700.00 23,800.00
14. Manhole Safe't' Grate each 1.00 550.00 550.00
15. Single Precast Catchbasin each 30.00 800.00 24, aoo. 00
16. Double Precast Catchbasin each n.OO 1300.00 7,800.00
17. 200mm Concrete CB Connections l.rn. 131.30 65.00 8,534.50
18. 250mm Concrete CB Connections l.m. 7.30 75.00 547.50
19. 300mm Concrete CB Connections l.m. 11.10 90.00 999.00
20. 150mm Storm Connections each 173.00 fiOO.OO I03 ,80n .00
.
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,:' , ,page 2 of SCHEDULE "J II
, . KINGSBERRY PROPERTIES
.,
ITEM
UNIT
P RI CE
to TAL
DESCRIPTION
UN IT nUANTITY
Part I - Underground Services & Gradi ng Cont'd
21. Ditch Inlet Catchbasins each 3.00 800.00
22. Standard Concrete Headwall each 1.00 4500.0n
23. Detention Pond Inlet Structure each Lon 9000. no
24. 600rnm Riser each 1.00 1000.00
25. Fill for Detention Pond m3 3300.00 4.00
26. Clearing Detention Area each 1.00 350n.OO
27. Topsoil & Seed Oistrubed Area m2 4625.00 1.50
28. Gabions m3 3fi.00 175.00
Sub Total
15% Engineering & Contingencies
TOTAL PART I
Cash contribution for sidewalks external to Plan of Subdivision
(to be paid upon execution of Agreement) fi9 x $125.00/10t
(Similar calculations to Frab Investment Agreement)
WORKS COST ESTIMATE
SUMMARY TABLE
P ART I
Underground Services & Grading
PART II
Road Base Works
PART III
Above Ground Works
TOTAL
$
~
2,400.no
4,500.00
9,nQO.00
1 ,oon .00
13,200.0n
3,500.00
n,937.Sn
S 6,30n.oo
$673,624.00
10J,043./10
$774,6fi7.60
$ R,fi25.00
$774,667.60
349,8fi9.1n
257,067.55
$1,381,604.25
The Performance Guarantee has been based on Preliminary Estimates only,
and, when the final Engineering Drawings have been approved by the Director of
Public Works, a revised Cost Estimate of the Works, Engineering and
Contingencies shall be prepared by the 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) THE CORPORATION OF T E OWN OF NEWCASTLE
)
)
)
)
)
)
)
) KI NGSBERRY
Powercf Attorney was registered ) ,JOHN FOLEY
August 19th, 1985 as No. 2547. )
To the best of our knowledge and) TI TLE :
belief the Power of Attorney is sthll
in full force and effect and has )
not been revoked. ) TIfLE:
)
p~
L. R.:
16.4.86
Shewfelt, Senior
Commercial Lending
r. Asst. Manager, Commercial Lending
4
.
1f[;
" ;;.
, THI S SCHEDULE IS SCHEDULE ilK 11 to the Agreement whi ch
approved by By-law No. B~ -55 of the Corporation
enacted and passed this IZ- day of ~
INSURANCE POLICIES REQUIRED
1. TYPES OF COVERAGE REQUIRED
has been authorized and
of the Town of Newcastle,
1986.
The Owner shall obtain and maintain insurance of the character commonly referred
to as public liability and property damage with an insurance company approved by
the Municipal Teasurer and duly authorized by law to underwrite such insurance.
Such policy or policies of insurance shall in~mnify the Town agai nst a11
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 materi al s 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 pub1i c 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 Uti1iti es
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.: 16.4.86
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Page 2 of Schedule IIKII
(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
L.R.: 16.4.86
Power of Attorney was registered
August 19th, 1985 as No. 2547.
To the best of our knowled~
and belief the Power of Attorney
is still in full force and
effect and has not been revoked.
)THE CORPORATION OF THE TOWN OF NEWCASTLE
)
)
)
)
)
)
)
)
)
)
)
)
)
) TITLE:
)
Shewfelt, Senior
Commercial Lending
, Sr. Asst. Manager, Commercial Lending
. ,
~
,
/t' "."
THIS SCHEDULE IS SCHEDULE IILII to the Agreement which has been authorized and
approved by By-law No. BG-S-S- of the Corporation of the Town of Newcastle,
enacted and passed this 1<- day of ~~ 1986
REGULATIONS FOR CONSTRUCTION
1. REQUIREMENTS FOR BLASTING
The Owner shall, prior to commencing any blasting, obtain from the Director,
permission to carry out the blasting operation.
2. REMOVAL OF TOP SOIL
The Owner shall not remove any top soil from the said Lands except for
construction purposes and such top soil must remain within the limits of the
said Lands.
3. DUMPING OF FILL OR DEBRIS
The Owner agrees to neither dump, or permit to be dumped, any fill or debris on,
nor to remove, or permit to be removed any fill from any lands to be dedicated
to the Town other than the roads within the limits of the said Lands, without
the written consent of the Director.
4. DISPOSAL OF CONSTRUCTION GARBAGE
All construction garbage and debris from the said Lands must be disposed of in
an orderly and sanitary fashion in a dumping area off the said Lands provided by
the Owner and approved by the Director. The Town shall not be responsible for
the removal or disposal of garbage and debris. The Owner agrees to deliver a
copy of this clause to each and every builder obtaining a building permit for
any part of the said Lands.
5. QUALITATIVE AND QUANTITIVE TESTS
The Owner agrees that the Town may have qualitative or quantative tests made of
any materials or equipment installed or proposed to be installed. The costs of
such tests shall be paid by the Owner.
6. MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS
The Owner shall, at all times during the life of this Agreement ensure that all
public roads abutting the said Lands and all public roads used for access to the
said Lands, during any construction on the said Lands, shall be maintained in a
condition equal to that now existing and to the approval of the Director. The
Owner shall maintain, at all times, all such roads free of dust and mud
originating from the lands during the course of construction. If damaged, the
Owner agrees to restore imnediate1y, 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 untrave11ed
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.: 16.4.86
..
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, '~ '" Page 2 of Schedule ilL II
I
8. WEED AND RAT CONTROL
After the commencement of construction the Owner shall institute upon the Lands
a program of weed and rat control to the satisfaction of the Director.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNEO, SEALED AND DELIVERED )THE CORPORATI ON OF THE TOWN OF NEWCASTLE
)
)
)
)
)
)
)
) KING S8 ERR Y P
) JOHN FOLEY
)
)
)
)
) TITLE:
)
loR.: 16.4.86
r. Asst. Manager, Commercial Lending
Power of Attorney was registered
August 19th, 1985 as No. 2547.
To the best of our knowledge and
belief the Power of Attorney is still
in full force and effect and
has not been revoked.
THE ROYAL BANK 0
by its Attorn
Shewfelt, Senior
Commercial Lending
t-
~
c;n
, .
I ....... I \
'THIS SCHEDULE IS SCHEDULE liMn to the Agreement which has been authorized and
<tpproved by By-law No. 86 -5:;'-- of the Corporation of the Town of Newcastle,
enacted and passed this / '2- day of /'/41 1986.
USE OF SAID LANOS
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
A 11 Lots and Bloc ks
Si ngle family dwellings and
semi-detached dwelling units in
acco rdan ce with By - law 84-f13, as
amended, from time to time.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seal s by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
KINGSBERRY PR
<JOHN FOLEY
IES -
/~c-
(
TITLE:
L. R. : 16.4.86
Power of Attorney was registered
August 19th, 1985 as No. 2547.
'Ib the best of our knowledge and
belief the Power of Attorney is
still in full force and effect and h
not been revoked.
Shewfelt, Senior
Commercial Lending
Asst. Manager, Commercial Lending
-,
t .
....~ ~ ,
, ..
~
~I
THIS SCHEDULE IS SCHEDULE IINII to the Agreement which has been authorized and
approved by By-law No. 86-~ of the Corporat ion of the Town of Newcast le,
enacted and passed this 1<-' day of /??~ ]986.
LANDS UNSUITABLE FOR BUILDING
.
The Owner agrees that no appl ication will be made for a Buil ding permi t for the
erection of any structure on any of the said lands listed in the fol lowing
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
i) Block 70 (B lock IIAII on Dra ft Plan) Shall not be developed except
in conjunction with adjacent
ii) Block 71 (Block liB II & IICII on Draft Plan) 1a nds
i i 1) Block 73 (Block 11011 on Draft Plan)
iv) Block 74 (B lock IIEII on Draft Plan)
v) Block 76 (B lock IIFII on Draft 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 seal s by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
)
)
)
)
)
)
)
)
)
)
)
)
)
) TITLE:
)
L. R. : 16 . 4 . 86
H TOWN OF NEWCASTLE
PER: Henry R. Shewfe~t, Senior
a er,Commerc1al Lending
Power of attorney was registered
August 19th, 1985 as No. 2547.
To. the best of our knowledge
and belief the Power of Attorney
is still in full force and
effect and has not been revoked.
1S , Sr. Asst. Manager, Commercial Lending
~
, .
~
Q
" .
, I...
~
THIS SCHEDULE IS SCHEDULE 11011 to the Agreement which has been authorized and
approved by By-law No. €6-S-S- of the Corporation of the Town of Newcastle,
enacted and passed this I L. day of ",""( 1986.
LANDS REQUIRING SITE PLAN APPROVAL
The Owner agrees that no application will be made for a Building Permit for the
erection of any structure on any of the lands listed in the following table
until a site plan agreement has been entered into with the Town and the buil ding
permit complies in all respects with the terms of the site plan agreement.
LOT OR BLOCK NUMBER
(1) No building permit shall be issued for any building or structure on any lot
comprising the said lands unless such building or structure complies in all
respects with detai led site plans which have been approved by the Directors
of Works and Planning of the Town which plans indicate existing and
proposed grades, site drainage, vegetation to be preserved (if required)
and the location of all buildings and structures.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affi xed their corporate seal s by the hands of thei r proper of fice rs du1 y
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
)
)
)
)
)
)
)
) KINGSBERRY PROP
) JOHN FOLEY (
)
)
)
)
) TITLE :
)
CLE RK
THE ROYAL BANK OF CANADA,
by its 0 ,}1
Shewfelt, Senior
Commercial Lending
L . R . : 16 . 4 . 86
Power of Attorney was registered
August 19th, 1985 as No. 2547.
'lb the best of our know:fedge and
belief the PCMer of Attorney is
still in full force and effect
and has not been revoked.
Sr. Asst. Manager, Commercial Lending
THIS SCHEDULE IS SCHEDULE IIplI to the Agreement which has been authorized and
" approved by By-law No. ~G-S:S- of the Corporat ion of the Town of Newcastle,
enacted and passed thi s I Z- day of /JY~ 1986.
OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED
AND/OR EXTERNAL SERVICES
....
. .
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.
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1. EXTERNAL ROAD SYSTEMS:
~
~
The Town endeavours to collect from the developers of the lands abutting this
development, 50 percent of the road construction costs where external developers
abut one side of the road, and 100 percent of the road construction costs where
external developers abut both si de of the road, and rebate said amount to the
Owner.
The construction cost of these road works to be rebated is $254,600.94.
Grading & Road Works
Total Grading & Roadwork Cost as per Schedule IIJII - $717,336.65
Total Road Frontage from M-P1an - 2,90S.197m
Total Cost/Metre Frontage - $246.92/m
Total Frontage Available for Rebate - 1031.107
Future Rebate - $254,600.94
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:
In accordance with Section 5.27 of the Agreement and Schedule IIGII (1) of the
Subdivision Agreement, hereto attached, the Town agrees to make every effort to
collect and reimburse the Owner, fifty percent of the sewer construction costs
where external developers abut one si de of the sewer, and one hundred percent of
the sewer construction costs where external developers abut both sides of the
sewer, and for all excess capacity required for external drainage.
The construction cost of these sewer works to be rebated is $230,380.24.
Underground Services
Total Storm Cos t as per Schedule IIJ II - $649,087.60
Total Road Frontage from M-P1an - 2,905.197m
Total CostjMetre Frontage - $223.43/m
Total Frontage Available for Rebate - 1031.107
Future Rebate - $230,380.24
The above figure represents the estimated 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 storm construction, the above
estimated cost shall be updated to reflect the las constructed I costs and
SUbsequently be approved by the Director of Public Works.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED)
)
)
}
)
)
)
)
) KINGSBERRY
Power of Attorney was registered } JOHN FOLEY
August 19th, 1985 as No. 2547. )
To the best of our knowledge and )
belief the Power of Attorney is }
still in full fOrce and effect )
and has not been revoked. )
)
L.R.: 16.4.86
H TOWN OF NEWCASTLE
THIS SCHEDULE IS SCHEDULE IIQII to the Agreement which has been authorized and
-' '< >' approved by By-law No. Be -sS of the Corporation of the Town of Newcas tle,
enacted and passed this I L.. day of ~4f 19Bfi.
CONSERVATION AUTHORITY'S WORKS
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(a) The Owner agrees to submit a Storrrwater Management Plan that is acceptable
to the Central Lake Ontario Conservation Authority. The Plan shall address
the stormwater run-off concern in a manner consistent with the Courtice
Stormwater Management Study; and
(b) The Owner covenants and agrees to satisfy the r~inistry of Natural Resources
and the Central Lake Ontario Conservation Authori ty as follows:
i) To neither place nor remove fill of any kind, whether originating on
the site or e1 sewhere; nor alter any existing vegetation in Blocks "G"
and IIH" (Block 75 on 1O~1 Plan), or Lots 5-24 inclusive (Lots 1 to 20 on
10M Plan) inc1 usive without written consent of the Central lake Ontario
Conservat ion Authori ty.
ii) That prior to initiating any grading or construction on Lots 5 to 24
(Lots 1 to 20 on 10M Plan), to prepare a grading, drainage and erosion
control plan, acceptable to Ministry of Natural Resources engineers,
which will be developed in a manner which will provide suitable
building sites, and minimize erosion into Blocks IIHII, IIGII (Block 75 on
lor.1 Plan) and Farewell Creek.
iii) To erect a snow fence or other suitable barrier along the rear lot
1 ines of Lots 5 to 24 (Lots 1 to 20 on 10M Plan) to pre vent the
unauthorized dumping of fill or alteration of vegetation in Block IIHII.
This barrier shall remain in place until all grading, construction, and
re-sodding on the site is completed.
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
L . R . : 16.4.86
Power of Attorney was registered August
19th, 1985 as No. 2547. To the
best of our knowledge and belief
the Power of Attorney is still i
full force and effect and has n :t
been revoked.
) THE CORPORATIO 0- THE TOWN OF NEWCASTLE
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TITLE:
'!l'
R. Shewfelt, Senior
, Commercial Lending
, Sr. Asst. Manager, Commercial Lending
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," .': , '. THIS SCHEDULE IS SCHEDULE IIR" to the Agreement which has been authorized and
'"' approved by By- law No. B6 - ::>5- of the Corporation of the Town of
Newcastle, enacted and passed this /2... day of
HI
1986
ENGINEERING AND INSPECTION FEES FOR rI:VELOPt~ENT
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 -
wh i che ver is greater
$2,000,000.00 to $3,000,000.00
$50,000.00 or 2.25% of the
estimated cost of services -
wh i cheve r is grea ter
$3,000,000.00 to $4,000,000.00
$67,500.00 or 2% of the estima ted
cost of services - whichever is
greater
For the purposes of this Schedule cost estimates as specified in Schedule "JII
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 $30,034.88 (1,201,395 x 2.5%)
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
HE TOWN OF NEWCASTLE
L . R. : 16 . 4 . 86
Shewfe1t, Senior
C mercial Lending
Power of Attorney was registered
August 19th, 1985 as No. 2547.
'Ib the best of our knowledge
and belief the Power of Attorney
is still in full force and effec
and has not been revoked.
r. Asst. Manager, Commercial Lending
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.. THIS SCHEDULE IS SCHEDULE liS" to the Agreement which has been authorized and
approved by By-law No. glP-~ of the Corporation of the Town of Newcas t le,
enacted and passed this /2- day of ,#?~ 1986.
REGION I S CONDIT! ONS OF DRAFT PLAN APP ROV AL
'"
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
)
)
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)
)
L . R. : 16 . 4 . 86
Power of Attomey was registered
August 19th, 1985 as No. 2547.
Tot-the best of our knowledge and
belie f the Power of Attomey is
still in full force and effect
and has not been revoked.
KI~GSBERRY PRO~
JOHN FOLEY
TITLE:
TI TLE:
Shewfe1t, Senior
Commercial Lending
r. Asst. Manager, Commercial Lending
,
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OCT 1 1982
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p~ ",;;:,:f~G DEPARTMENT
Donevan and Fleischmann
Ontario Land Surveyors
11 Ontario Street
Oshawa, Ontario
L1G 4Y6
Subject:
Part of Lot 35, Concession II
(Township of Darlington)
Town of Newcastle
File No. l8T-7~038
Dear Sirs:
The region advises that the portion of Townline
Road abutting this plan is now under its jurisdiction.
Accordingly, conditions 6, 2~ and 23 should be changed.
Under Section 36(12) of the Planning Act, the minister's
conditions of January 29, 1981 are hereby amended as
follows:
1. Condition 6 now refers to the "Regional
Municipality of Durham":
2. Condition 22 now refers to only conditions
1, 3 - 5 and 7 to 16: and,
3. Condition 23 now refers to conditions
2, 4, 6 and 15 to 18.
All other conditions remain as issued. The lapsing
date remains as January 29, 1984.
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J. Malcolm
Senior Planner
Plans Administration Branch
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Ontario
Ministry
of
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Plan~,~ '
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41G:%~.(
56 Well.sln Street \\.Sl
8th Floor
T oron 10, On tdtOO
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February 6, 1981
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Donevan & Fleischmann Co.,
Ontario Land Surveyors
11 Ontario. Street
Oshawa, Ontario
LIG 4Y6
Ltd.
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Subject:
Town of Newcastle
Pt. of Tnt 35, Concession II
(Township of Darlington)
Owner : Remlark Holdings Ltd.
Our File: 18T-79038
Dear Sirs:
Under section 33(12) of The Planning Act, Condition 6
of the Minister's January 29, 1981 draft approval is
amended to read:
Condition 6. That 0.3 metre reserves, shown on the
draft plan as Blocks 'J', 'K', 'L',
'M', 'N', '0' and 'P' shall be
conveyed to the Town of Newcastle.
Yours truly,
/~~
fR.C. Dolan
Senior Planner
Community Planning Review Branch
C.c. Owner: Remlark Holdings Ltd.
Solicitors: McGibbon, Bastedo & Armstrong
Town Planning Dept.v~
Region Planning 'Dept.
M.O.E.
M.N.R.
C.L.O.C.A.
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January 29, 1981
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Mr. D. Smith
Planning Director
Town of Newcastle Planning
Department
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
Subject:
Town of Newcastle
Pt. of Lot 35, Con.II
(Twp. of Darlington)
Owner: Remlark Holdings Ltd.
Tel: (416)686-1313
File No: 18T-79038
Dear Mr. Smith:
'.i.'he above dra ft plan ,,'as approved today (lnd """e
attach a copy of the conditions of apEJroval.
Please tell us when the owner has carried out
those conditions which must be arranged directly
with the municipality or other authority which
you represent. This is necessary before the
final plan can be approved for registration.
It should be noted that we require a brief but.
complete statement indicating how each of the
conditions with which you are concerned has been
satisfied.
Yours truly,
~
H. Salonen
Planner
Community Planning Review Branch
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File No: 18T-79038 (Revised)
The Minister's conditions and amendments to final plan
approval for registration of this subdivision
file no: 18T-79038 are as follows:
--.o-__~_________.______._____._____ ___ ....____________ ___
No.
Conditions
----~---------------------------------------------------~--
1. That this approval applies to the draft plan, drawing
number 25193, by Donevan and Fleischman, Ontario
Land Surveyors, dated September 24, 1980, which
shows a total of 69 lots for 48 single and 42 semi-
detached units, and 18 blocks.
2. That sufficient land shall be dedicated as public
highways to widen Town Line Road, shown on the draft
plan as Blocks 'Q' and 'R'.
3. That the road allowances included in this draft
plan shall be dedicated as public highways.
4. That the streets shall be named to the satisfaction
of the Town of Newcastle and the Regional Municipality
of Durham.
5. That temporary turning circles shall be provided ~
at the end of all dead end streets to the satisfaction
of the Town of Newcastle.
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6 .
That 0.3 metre reserves, shown on the draft plan
as Bloc k 5 · J " 'K', 'L', 'M', 'N I I '0' and 'P'
shall be conveyed to the Town of Ajax:
7. That any dead ends and open sides of road allowances
created by this draft plan shall be terminated in
0.3 metre reserves to be conveyed to, and held in
trust by the municipality. ..
8. That Blocks 'G' and 'H' as outlined on the draft plan
shall be conveyed to the Town of Newcastle for
conservation and open space purposes.
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 'I I.
10. That before the Minister's final approval the area
to be subdivided be zoned to reflect the uses as
shown in the draft plan in an appropriate restricted
area by-law passed by council and either:
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(a) submitted to and approved by the Ontario Municipal
Board,
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File No: 18T-79038 (Revised)
~--~---------~-----------------~----------~------~-----~
No.
Conditions Continued
------------------------------------------------------
or
(b) 1n effect in accordance with section 35(25)
of The Planning Act.
Further the restricted area by-law shall contain
provisions prohibiting all buildings and structures
in Blocks 'G' and 'H' except those necessary for
flood and erosion control.
11.
That the subdivision agreement between the owner
and the municipality contain a provision that
Blocks 'A', 'B', 'C', '0', 'E' and 'F' shall not
be developed except in conjunction with adjacent
lands as specified in the agreement.
",'
12. 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.
13. That all lands to be dedicated or conveyed to the
munici9ality for any municipal purpose shall be
dedicated or conveyed in a form acceptable to the /
municipality and further the owners shall grade
and sod all lands to be conveyed to the munici9ality
for park purposes and shall plant such trees and
other vegetative materials as may be required by
the municipality in accordance ~ith a landscape
plan to be submitted to the town for approval.
14. That the owner agrees to provide adequate screening
for existing residential uses abutting proposed ../
road allowances.
15. That such easements as may be required for utility
or drainage purposes shall be granted to the a9propriate
authority.
16. That the development of the plan be phased to the ~
satisfaction of the Town of Newcastle and the Regional
Municipality of Durham.
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File No: 18T-79038(Revised)
-- - ----- - ---._--------- ---._- ---- ---- ---------.-----
No.
Conditions Continued
------ ----.-....--- ---------'----- - - - -- ---------------------
17. That prior to final approval of the plan the
engineering drawings for regional services and the
final plan of subdivision shall be submitted to
the Regional Works Department for approval.
18. That the owner agrees in writing to satisfy all
the requirements, financial and otherwise, of the
Regional Municipality oE Durham concerning the
provision of roads, installation of services and
drainage.
19. That the owner agreesin the subdivider's agreement,
in wording acceptable to the Ministry of Natural
Resources and Central Lake Ontario Conservation
Authority:
a) To neither place nor remove fill of
any kind, whether originating on the
site or elsewhere; nor alter any /
existing vegetation in Blocks 'G'
and 'H', or lots 5-24 inclusive without
written consent of Central Lake Ontario
Conservation Authority.
b)
That prior to initiating any grading or
construction on Lots 5 to 24, to prepare
a grading, drainage and erosion control
plan, acceptable to Ministry of Natural
Resources engineers, which will be
developed in a manner which will provide
suitable building sites, and minimize
e r os i on i n to Bloc k s 'H', , G' and Far ewe 11
Creek.
'J
c) To erect a snow fence, or other suitable
barrier along the rear lot lines of
Lots 5 to 24, to prevent the unauthorized
dumping of fill or alteration of vegetation~
in Block 'H'.
This barrier shall remain in place until
all grading, construction, and re-sodding
on the site is completed.
(Con t 'd. )
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File No: l8T-79038 (Revised)
-------- -------- --'----- - ----- -- -.-- ---- --------.--
No.
Conditions Continued
-- --- --------.----------.---- -----------------
20.
Prior to final approval of the plan, the owner
shall prepare and submit to Central Lake Ontario
Conservation Authority for approval, a stormwater
management plan for the subject property.
v"
21. That the subdivision agreement provides for:
a) sediment control off the construction
site during the construction period;
b)
visual buffering in the form of fence
or planting between this development
and the adjoining wrecking yard, to the
satisfaction of the Ministry of the
Environment.
#
22. That before the Minister's final approval is given
we are to be advised in writing by the Town of
Newcastle how conditions 1 to 16 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 4 and 15 to
18 inclusive 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 10 and 19 have
been satisfied.
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 10,
19 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 21 has been satisfied.
NOTES:
---
1. We suggest you make yourself aware of:
(a)
section 160a(1) of The Land Titles Act, which
requires all new plans be registered in a land
titles system;
( b)
section 160(2) allows certain exceptions.
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File No: l8T-79038 (Revised)
NOTES CONTINUED:
2. It is suggested that the municipality register the
subdivision agreement as provided by section 33(6)
of The Planning Act against the land to which it
applies, as notice to prospective purchasers.
3. Inauguration, or extension of a piped water supply,
a sewage system or a storm drainage system is subject
to the approval of the Ministry of the Environment
under Section 41 and Section 42 of The Ontario Water
Resources Act.
4. Where agencies involved in subdivision agreement
--------- -----.-
A copy of the subdivision agreement shall be sent
to:
District Manager
Ministry of Natural Resources
322 Kent Street West
Lindsay, Ontario
K9V 4T7
Mr. William Fry
Resource Planner
Central Lake Ontario Conservetion Authority
1650 Dundas Street East
Wh i t by, On tar i 0
LIN 2K8
Mr. D. Pir ie
Chief, Approvals and Planning
Technical Support Section
Ministry of the Environment
Suite 700
150 Ferrand Drive
Don Mills, Ontario
M3C 3C3
This will expedite clearance of the final plan.
A copy is not required by the Ministry of Housing.
5. ~pslng of draft appro~~
If final approval is not given to this plan within
three years of the draft approval date, and no extensions
have been granted, draft approval shall lapse under
section 33(12a) of The Planning Act. If the owner
wishes to request an extension to draft approval,
a written explanation together with a resolution
from the local muniCipality must be received by
the Ministry of Housing prior to the lapsing date.
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File No: 18T-79038 (Revised)
NOTES CONTINUED:
6. When the zoning by-law required in condition 10 is
being prepared, reference to this subdivision appli-
cation and the T file number should be included in
the explanatory note. This will expedite the
Commun ity Plann ing Rev i ew Branch or other agency's
consideration of the by-law.
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DATED :
1986
BET WEE N:
THE CORPORATION OF THE TOWN OF NEWCASTLE
- a nd -
REMLARK HOLDINGS LIMITED
SUBDIVISION AGREEr~ENT
The Corporation of the Town of Newcastle
Planni ng Depa rtnent
Municipal Offices
HAMPTON, Ontario, LOB 1JO
FILE: 18T -79038
..
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LJOCUmenl ueneuu
Form 4 - Land Registration Reform Act, 19~ ' . '....
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(1) Registry 0
(3) Property
Identlfler(s)
Land Tit... [Xl (2) Page 1 of W
Block Property
pages
Additional:
See 0
Schedule
(4) Nature of Document
Application to Register
of Agreement under
>- AUG t8 1117 AM '81
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New Property Identifiers
Additional:
See 0
Schedule
Executions
Additional:
See [J
Schedule
(5) Consideration
Dollars $
(6) Description .
7/3 _5<6-/ C '\
lstly--parcel /\ Section Nf2UJeasfie bar /'?ftcnj
being Lots 61, 110, and Part of Lots 58 ~ 59,
Registrar's Complied Plan No. 713, being
Parts I) 4.) ~ and 4- ' on Reference No. lOR-~ I
2ndly-~parce1~on-' ,Section lOM-78l
being Blocks 70 and 71, Plan 10M-781
All in the Town of Newcastle (formerly Township of
Darlington), in the Regional Municipality of Durham
(7) This (a) Redescription ! (b) Schedule for:
Document New Easement: Additional
Contelns: Plan/Sketch 0 i Description 0 Parties 0 Other
(8) This Document provides as follows:
We, The Corporation of the Town of Newcastle, have an unregistered estate, right, interest
or equity in:
The land registered in the name of John Foley carrying on business under The Limited
Partnerships Act as Kingsberry Properties and hereby apply under Section 74 of The Land
Titles Act for the entry of a Notice of Agreement in the register for the said Parcels.
Continued on Schedule [)f
(9) This Document relates to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature(s) Date of Signature
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By Its, Solicitors, McGibbon, Bastedo,
. .Al;T(H?t1:QIlg .& .Ar.1l\s.t.r.o,ng, . . . . . . . . . . . . . . . . . . . . . .
(11) Address
for Service Planning Department,
(12) Party(les) (Set out Status or Interest)
Name(s)
Municipal Offices, Hampton, Ontario. LOB lJO
Date of Signature
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Signature(s)
(13) Address
for Service
(14) Municipal Address of Property
Vacant Land
The Corporation of the Town of
Newcastle,
Planning Department,
Municipal Offices,
HAMPTON, Ontario.
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(15) Document Prepared by:
Total
Newsome and Gilbert. Limited
Form LF 1333 (l/85)
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THIS AGREEMENT made in
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BET WEE N:
qui ntupli cate this fl.,;''' day of Jw;r
II,
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THE CORPORATION OF THE TOWN OF NEWCASTLE,
Herei nafter call ed the IITOWN" OF THE FIRST PART,
- and -
'.
JOHN FOLEY, of the City of Oshawa, in the Regional
Municipality of Durham, carrying on business as sole
proprietor under the Limited Partnerships Act as
KINGSBERRY PROPERTIES
- and -
Hereinafter called the "OWNER" OF THE SECOND PART
THE ROYAL BANK OF CANADA,
hereinafter called the Party OF THE THIRD PART.
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement, which are described in Schedule
IIA" hereto, are herei nafter call ed the IILands" and consti tute 2.76 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 appropriate Minister
of the Government of Ontario, hereinafter called the Minister for approval of a
plan of subdivision of the Lands;
AND WHEREAS to comply with the Minister's conditions for such approval, the
Owner has consented to enter into this Agreement with the Town;
AND WHEREAS the Owner warrants that it has entered, or will enter into an
Agreement with the Regional Municipality of Durham, hereinafter called the
"Regionll 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 "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.: 2.6.87
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1. DEFINITIONS
In this Agreement:
1.1 IICounc; 111 shall mean the Counci 1 of the Corporation of the Town of
Newcastle;
1.2 IIDirectorll shall mean the Director of Public Works of the Town of
Newcastle or his designated representative as may be appointed by Council
to act in his place;
1.3 IITreasurerll shall mean the Treasurer of the Corporation of the Town of
Newcastle;
1.4 IIDirector of Community Servicesll shall mean the Director of Community
Services of the Corporation of the Town of Newcastle;
1.5 IIDirector of Planningll shall mean the Director of Planning of the
Corporation of the Town of Newcastle;
1.6 IISolicitorll shall mean the Solicitor of the Corporation of the Town of
Newcastle;
1.7 1I0wnerll shall include an individual, an association, a partnership or a
corporation and wherever the singular is used herein, it shall be
construed as including the plural.
1.8 IICommissionerll shall mean the Commissioner of Planning for the Regional
Municipality of Durham.
1.9 IIMinisterll shall mean the Minister of Municipal Affairs and Housing,
Ontario.
1.10 IITownll shall mean Council or any official, designated by Council to
admini ster the terms of the Agreement.
loll IIApplicantll 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. : 12.5.87
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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 1113" and is hereinafter called the IIPlanll. The Owner shall also furnish
to the Town at the time of the execution of this Agreement, one copy of the said
Plan containing the stamp of approval of the Region, and a copy of the
subdivision agreement entered into between the Owner and the Region with respect
to the said Plan if such approval and/or Agreement is jn 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,
i mmedi ately after approval is granted or the agreement si gned. 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 cl ear of all encumbrances as set out in Schedule "EII 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 IIFII 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.: 12.5.87
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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
(1) The Owner shall, at the time of the execution of this Agreement, deposit
with the Town a letter from each and every School Board having jurisdiction over
the said lands stating that arrangements satisfactory to each and every School
Board have been made respecting the acquisition of any lands necessary for
school purposes to serve the said lands.
"
(2) In the event that a School Board which has an option to acquire any lot or
block within the Plan and does not exercise its option, the Owner hereby agrees
to notify the Clerk of the Town in writing that the School Board has not
exercised its option and the Owner hereby grants to the Town an irrevocable
option to acquire such lands upon the same terms and conditions as the School
Board could have acquired the property, except that the Town shall exercise the
option hereby granted, in writing, within sixty (60) days of receipt of
notification from the Owner that the School Board has failed to exercise its
option and, the purchase of such Lands by the Town shall be completed within
ninety (90) days of the exercise of its option.
2.7 INTEREST IN SAID LANDS
The Owner hereby charges all its interest in the said Lands with the obligations
set out in this Agreement.
2.8 NOTIFICATION OF OWNER
If any notice is required to be given by the Town to the Owner in respect of
this Agreement, such notice shall be mailed or delivered to:
McGibbon, Bastedo, Armstrong & Armstrong
Barristers & Solicitors
32 Simcoe Street South, P.O. Box 34
OSHAWA, Ontario L1H 7K8
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 thi~ 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 II ; or
L.R.: 12.5.87
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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.
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(2) The parties may from time to time by mutual agreement amend the terms
of this Agreement and any of the Schedules but an amendment shall only be
effecti ve if in writi ng and executed under the seal s 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 11611. 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 requ; si te shall be made to conform wi th the descri pt ions
used in this Agreement and the Schedules (and without limiting the generality of
the foregoing, in particular Schedules liB II , liE II , IIFII, IIGII, "NII, 11011, lip II , and
IIQ") with the final plan of subdivision.
2.11 TOWN TO ACT PROMPTLY
Wherever the Town, or the Solicitor, or the Treasurer for the Town, or the
Director, is required to take action pursuant to this Agreement, or is required
to make a decision or render an opinion, or give confirmation or give
authorization, permission or approval, then such action, decision, confirmation,
authorization, permission or approval shall be made promptly and in all respects
the Town and its officers, servants or agents shall act reasonably.
2.12 ASSIGNMENT OF AGREEMENT
The Owner shall not assign this Agreement without prior written consent of the
Town and no such assignment shall relieve the subsequent owner of any of his
obligations under this Agreement.
2.13 SCHEDULES TO AGREEMENT
The following schedules which are identified by the signatures of the parties to
this Agreement, and which are attached hereto, together with all provisions
contained therein, are hereby made a part of this Agreement as fUlly and to all
intents and purposes as though recited in full herein:
Schedule IIAII - ilLegal description of said Landsll
Schedule liB II - IIP1an of Subdivision for final approval II
Schedule IICII - "Charges against said Lands"
Schedule "011 - IIDeve10pment chargesll
Schedule liE II - IIGrants of easements to be dedicatedll
Schedule IIF" - IILands and/or cash to be dedicatedll
Schedule IIGII - "Works required"
L.R. : 12.5.87
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Schedule IIHII - ,IIUtilities requiredll
Schedule 11111 - IIDuties of Owner's Engineerll
Schedule IIJIl - IICost E ~t i mates II
Schedule ilK II - IIInsurance Policies requi red II
Schedule ilL II - IlRegu 1 at ions for constructionll
Schedule " fv1'1 - IIUse of said 1andsll
Schedule IINII - IILands subject to building restrictionsll
Schedule "Oil - IILands requiring site planll
'. lip II 1I0versized and/or External Services"
Schedule -
Schedule IIQII - IlConservation Authority's Worksll
Schedule IIRII - IIEngineering and Inspection Fees"
Schedule liS II - IIMinister'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 SUCCESSORS
This Agreement shall enure to the benefit of and be binding upon all of the
parties hereto, its, his or her respective heirs, executors, administrators,
successors or assigns.
2.16 PLAN APPROVAL
Upon receipt of the payments herein required and upon the execution and
registration of this Agreement, the Director of Planning will recommend to the
Minister that the plan be approved for registration.
L.R.: 12.5.87
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3.
3.1
FINANCIAL
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 IICII
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 IICII hereto. Such charges shall include the Town's share of
any local '-improvements which serve the said Lands and shall include the canmuted
value of such charges including charges falling due after the date of the
execution of this Agreement.
3.3 PAYMENT OF DRAINAGE CHARGES
The Owner shall, at the time of the execution of this Agreement pay all drainage
charges assessed under The Municipal Drainage Act, 1975, and The Tile Drainage
Act, R.S.O. 1980, against the said Lands, as set out in Schedule "CII 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 110" 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
t hi ghways, the amount of such cash payment shall be as set out in Schedule "FII
hereto. The Owner further agrees to pay to the Town on any such cash p~ment 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 irrevocab 1e 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 "Performance Guarantee".
3.7 USE OF PERFORMANCE GUARANTEE
The Owner agrees that the Town may, at any time, authorize the use of all or
part of any Performance Guarantee if the Owner fails to pay any costs payable by
the Owner to the Town under this Agreement by due date of the invoice for such
costs.
L.R.: 12.5.87
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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 IIKII 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 "JII hereto. The form of the Maintenance Guarantee shall
be subject to the approval of the Town Treasurer, and shall guarantee the Works
from the date of completion as follows:
(a) Initial Stage of Road Construction: the greater of two (2) years
from the date of issuance of the Certificate of Completion for the
initial stage of road construction or upon the date of issuance of
Certificate of Completion for the final stage of road construction.
(b) Final Stage of Road Construction: one (1) year from the date of the
1ssuance of Certificate of Completion for the final stage of road
construction.
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
The Owner agrees that the Town shall not be obliged to release to the Owner the
unused portion of any Performance Guarantee until:
(1) a Certificate of Completion has been issued for the Works for which
such Performance Guarantee was required; and
(2) the Owner has deposited with the Town the Maintenance Guarantee
applying to those Works for which such Performance Guarantee was required; and
(3) the Town is satisfied that in respect of the construction and
installation of the Works for which such Performance Guarantee was required,
there are no outstanding claims relating to such Works.
(4) the Town may, from time to time, reduce the amount of the value of
the Performance Guarantee to reflect the progress of the Works required to an
amount equal to the value of the uncompleted Works, plus ten percent (10%) of
the value of the completed Works on approval by the Director of a Progress
Certificate prepared by the Owner's Engineer.
3.12 REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE
(1) The Owner agrees that the Town shall not be obliged to release to the
Owner the unused portion of any Maintenance Guarantee until:
(a) a Certificate of Acceptance has been issued for the Works for which
such Maintenance Guarantee was required; and
(b) the Town is satisfied that, in respect of the maintenance of all of
the Works for which such Maintenance Guarantee was required, there
are no outstanding claims relating to such Works; and
(c) the Town has received the as-built drawings for such Works.
L.R.: 12.5.87
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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
"'II
(1) Every provision of this Agreement by which the Owner is obliged in any way
shall be deemed to include the words lIat the expense of the Ownerll unless the context
otherwise requires.
(2) NOT APPLICABLE
(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
performan~~ 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 Ten Thousand Dollars ($10,000.00) to guarantee that
occupancy does not occur in respect of any lot or block before the issuance of an
Occupancy Permit for such lot or block. In the event that occupancy occurs in
respect of any lot or block before the issuance of an occupancy permit contrary to
paragraph 4.8, the Town may draw down said Letter of Credit by an amount necessary to
correct the default relative to occupancy. In the event of such default, the Owner
shall immediately restore the Letter of Credit for the full amount of Ten Thousand
Dollars ($10,000.00). So that the arount of security deposit on hand with the Town
always equals Ten Thousand Dollars ($10,000.00). The Letter of Credit shall be
released to the Owners at such time as the last unit is ready for occupancy in
accordance with the terms of this Agree~ent or at such earlier date as agreed in
writing by the parties. The Town agrees to permit the Letter of Credit lodged by the
Owner to be substituted, either in whole or in part, by a Letter of Credit submitted
by the builder to whom the Owner has sold a lot or block with the Plan. The Owner
agrees to obtain any such Letter or Letters of Credit, on behalf of and in favour of
the Town, at such time as any or all of the said lands are sold. The Town further
agrees to release substituted portions of the Owner's Letter of Credit, in respect of
occupancy.
It is noted that the Occupancy Deposit requirement is based on the following
scale:
up to 50 lots
51 to 100 lots
101 to 250 lots
251 to 500 lots
over 500 lots
$10 ,000.00
$15,000.00
$20,000.00
$30,000.00
$50,000.00
L.R.: 12.5.87
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4. PLANNING
4.1 APPROVAL OF TREE PRESERVATION PLAN
The Owner shall, prior to the is,suance 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 IINII hereto are unsuitable for building purposes and that no application
will be made for a building permit for the erection of any structure on any such
lot or block until the conditions outlined in Schedule "N" hereto for such lot
or block have been satisfied to the approval of the Directors of Planning and
Public Works and/or any other authorities having jurisdiction.
4.4 LANDS REQUIRING SITE PLAN
The Owner covenants and agrees that no application for any building permit in
respect of the lots or blocks of the Plan which are set out in Schedule "Oil
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 i'ssuance by the Town of any
Certificate of Acceptance shall be deemed to give any assurance that building
permits when applied for will be issued in respect of any of- the said Lands.
The Owner agrees that no application for any building permit in respect of any
of the said Lands shall be made until:
(1) all easements for Utilities or drainage, or other purposes across the
lot or block in respect of which a building permit is proposed to be
issued have been transferred to the Town; and
(2) all the roads which are required to be constructed under this
Agreement to provide access to the proposed building, have been
constructed to at least the completed base course of asphalt, to the
written approval of the Director unless otherwise approved by the
Director.
L.R.: 12.5.87
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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 ap proval of
the authorities having jurisdiction over such Utilities.
Alternatively, the Town has received written confirmation from such
authorities that sufficient financial securities have been received to
cover the design and installation of same; and
(5) See Section 4.5.10
(6) the balance of all Development Levies have been paid in respect of
the lot or block in the Plan for which the building permit is applied
", for; and
(7) the Owner has deposited, and maintained in good standing, the Occupancy
Penalty fee as required by paragraph 3.15 of this Agreement; and
(8) if the application for a building permit is in respect of any lot or
block set out in Schedule "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
(9) if the application for a building permit is in respect of any lot or
block as set out in Schedu 1 e 110 II t he 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 two (2) mylar
copies of the registered plan of this subdivision.
(11) the Performance Guarantee and/or Maintenance Guarantee required
pursuant to thi s Agreement has been deposited with the Town and is in
good standi ng.
(12) the applicant has submitted a site plan satisfactory to the Director,
and verified by the Owner1s Engineer that the final grades of the
respective lot(s) or b1ock(s) is appropriate for the building(s)
proposed to be constructed and the gradi ng of the lot and proposed
access conforms to the approved lot grading plan, and the Town1s Design
Criteria and Standard Detail Drawings.
(13) the Owner has erected or caused to be erected a sign displaying all
roads, lots and blocks within the approved Plan of Subdivision for the
said Lands sufficient to illustrate the future housing types and
distribution, the location of any parks, open space, school or
commercial blocks proposed on the said Lands, as well as all future
uses for lands abutting the said Lands as identified by an approved
Official Plan, Neighbourhood, or Hamlet Development Plan, or an
approved draft Plan of Subdivision.
4.6 MODEL HOMES AND ARCHITECTURAL CONTROL
(1) (a) Notwithstanding the provisions of paragraph 4.5 of this Agreement, the
Owner may apply for bui1 di ng permits for up to Ten (10) model homes on
the lands, provided that such application is in conformity with the
requi si te by-1 aws of the Town and The Ontario Bui1 di ng 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.
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(b) The Owner agrees that prior to issuance of building permits in respect
of model homes, to obtain the approval of the Director of Public Works
in respect of access to the model homes. Where an alternate access 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.
(2) The Owner agrees that any model home shall be used for display purposes
only and shall not be occupied for any residential purpose until such time as
the provisions of paragraph 4.8 and 4.5(1) if applicable, of this Agreement have
been complied with and if such model home is occupied for residential purposes
contrary to this paragraph the provisions of paragraph 3.15 shall apply.
(3) (a) the Owner covenants and agrees with the Town that he will 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.
Notwithstanding the foregoing, vinyl or aluminium siding which
simulates finished wood siding may be substituted for finished wood
siding with the approval of the Director of Planning.
(b) the Owner covenants and agrees that in the Agreement of Purchase and
Sale, he will require each builder purchasing' from him to file, prior
to applying for a building permit, with the Town a Master Plan, to be
approved by 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, Section
5.28 in respect of obligations of subsequent owners.
4.8 REQUIREMENTS FOR AUTHORIZATION TO OCCUpy
Notwithstanding the requirements of any statute regulation or by-law for the
issuance of any permit authorizing the occupancy of any dwelling or other
structure, the Owner shall not permit any building on the said lands to be
occupied, and no one shall occupy such building without the written permission
of the Town hereinafter called an "Occupancy Permit". In addition to any other
requirements contained herein, no Occupancy Permit shall be issued for any
buil di ng unt i1 :
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(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 the required street lighting system has been installed and
energi zed; and
(2) all of the storm drainage system required to be constructed and installed
to service such building has been constructed and installed to the written
approval of the Director, and the building has been connected thereto; and
(3) all of the Utilities, save telephone and cable T.V. required to be
constructed and installed and connected to the building pursuant to
Schedule IIH'I, have been so constructed, installed and connected to the
written approval of the authorities having jurisdiction over such
Ut i l'i ties; and
(4) the building has been connected to and is serviced by a water supply and
sewage di sposa1 system to the written approval of the authori ty havi ng
jurisdiction; and
(5) the Ownerls Engineer has provided the Director with certification being
written confirmation that the lot or block, where such building is
located, conforms to the Grading and Drainage Plan, or has received the
written approval of the Director with respect to any variance to the
Grading and Drainage Plan.
(6) The building has received all final inspections required pursuant to the
Building Act and/or the Plumbing Code.
(7) Notwithstanding the provisions of sub-paragraph (5) of this Clause the
Owner shall be entitled to a temporary Occupancy Permit in the event that
the Owner has not been able to comply with the requirements of
sub- pa ragraph (5) by reason of seasonal, weather or other condi t io ns
beyond the control of the Owner. Prior to the IITemporary Occupancyll of
said dwelling, confirmation with respect to the compliance with the
provisions of Sub-paragraphs 4.8(1), 4.8(2), 4.8(3), 4.8(4) and 4.8(6) is
to be provi ded, in writing, by the Owner. Furtherroore, the written
certification required in Section 4.8(5) shall be provided to the Town
within one (1) year of the date of IITemporary Occupancyll of said dwelling
unit. Failure to comply with the above will result in a reduction of the
Occupancy Deposit Letter of Credit pursuant to the provisions of Paragraph
3.15.
4.9 SPECIAL CONDITIONS
(1) The Owner acknowledges and agrees to submit a Stormwater Management Plan
that is acceptable to the Town of Newcastle and Central Lake Ontario
Conservation Authority. The Plan shall address the stormwater run-off
concern in a manner consistent with the Courtice Stormwater Management
StUdy.
Furthermore the Owner agrees not to place fill, or grade the site,
without pri or written approval bei ng gi ven by the Central Lake Ontario
Conservation Authori ty.
(2) That the Subdivision Agreement provide for sediment control off the
construction site during the construction period to the satisfaction of
the Ministry of Environment.
(3) That prior to final approval, the Owner employ the services of a qualified
soils consultant to prepare a report outlining the soil quality resulting
from the prior use of certain lands for a wrecking yard and recommending
what remedial works are necessary to ensure acceptable soil quality for
residential use to the satisfaction of the Ministry of the Environment.
(4) That the Subdivision Agreement contain a requirement to implement the
recommendat ions of the soil s report as approved by the Mi ni stry of the
Environment.
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5.1 TOWN WORKS REQUIRED
The Owner shall be responsible for the construction and installation of the
services and landscaping more particularly referred to in Schedule IIG" hereto
(hereinafter called "the Works").' 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 Ut i1 itl'es as more particularly referred to in Schedule "WI.
5.3 OWNER1S ENGINEER
The Owner shall retain a competent Professional Engineer, registered by the
Associ ation of Professional Engineers of Ontario and hereinafter called the
1I0wner1s Engineer", to administer this Agreement, whose duties are set out in
Schedule III II hereto.
5.4 DESIGN OF WORKS
The Owner agrees that the design of all the Works sha1l'comp1y with the Design
Criteri a and Standard Detail Drawi ngs of the Town. In the event of any di spute
as to such standards or in the event of any dispute as to such design
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
provi ded herein, have recei ved 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 cOO1menced within two (2) years of the date of
approval of the Engineering Drawings, the Engineering Drawings shall be
resubmitted to the Director for re-approva1 and further revisions if required by
the Director, and no work shall be done unless in accordance with the said
revised and re-approved drawings.
5.6 APPROVAL OF 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 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 canrrenced 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 Canrrence Work as
hereinafter provided, prepare for the approval of the Director of Public Works,
a plan hereinafter called the "Staging P1anll 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
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 IISchedule of Worksll) 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 IIWorks Cost Estimatell,
shall be approved by the Director and entered in Schedule IIJII 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 IIStage 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 wi thout the written permi ssion of the Town, herei nafter call ed an
IIAuthorization 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 requi red by paragraph
2.3 of thi s Agreement, and such easements have been regi stered; 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 havi ng jurisdiction, stati ng that
satiSfactory agreements have been entered into for the design and installation
of the Utilities as required by paragraph 5.2 of this Agreement; and
(8) the Owner has appointed an Engineer as required by paragraph 5.3 of this
Agreement; and
(9) the Owner has received the written approval of the Director for the
Engineering Drawings as required by paragraph 5.5 of this Agreement; and
(10) the Owner has received written approval of the Directors of Public
Works, Planning and Community Services of the landscape plans and IIPark Site
Masterp1ansll as required by Paragraph 4.9 and as part of the works, more
particularly referred to in Schedule IIG".
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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 recei ved the wri tten approval of the Director of P lanni ng
for the Tree Preservation Plan as required by paragraph 4.1 of this Agreement;
(13) the Owner has received the 'written approval of the Director of Public
Works for the Stagi ng Pl an as requi red by paragraph 5.7 of this Agreement; and
(14) the Owner has received the written approval of the Director for the
Schedule of Works as required by paragraph 5.8 of this Agreement; and
(15) the Owner has received the written approval of the Director for the Works
Cost Estimate and/or Stage Cost Estimate as required by paragraph 5.9 of this
Agreement; and
(16) the Owner has deposited with the Town the Performance Guarantee applying
to that stage of the Plan for which the Owner is seeking such Authorization to
Commence Works as required by paragraph 3.6 of this Agreement and paid all cash
contributions, due to the Town, as required by Schedule "J"; and
(17) the Owner has deposited with the Town anY policies of insurance as
required by paragraph 3.8 of this Agreement; and
(18) the Owner has paid all Town costs as required by paragraph 3.13 of this
Agreement as of the date of the issuance of the Authorization to Canmence Works;
and
(19) the Owner has paid all costs due to the Town for oversizing and external
services as required by paragraph 5.27 of this Agreement; and
(20) notwithstanding the above the Owner may commence installation of the work
as referred to in Schedule IIG" hereto with the written aproval of the Director,
prior to the registration of the Plan provided that Sections
3,4,7,8,9,10,11,13,14,15,16,17 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 ri sk of the Owner. The Owner shall save harmless the
rvlunicipality 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 Authori zation to COO1mence 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 Esti mate for such stage has been approved by the Directo r
and entered in Schedule "J II hereto; and
(~) the Owner has deposited with the Town the Performance Guarantee applying
to that stage of the Plan for which the Owner is seeki ng 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 Municipali ty may,
at any time, inspect the work of such contractor pertaining to the said Lands
and the Director, after consultation with the Owner's Engineer, shall have the
power to stop any such work in the event that, in their opinion, work is being
performed in a manner which may result in a completed installation that would
not be satisfactory to the Town or in the event the financial guarantees,
required pursuant ~o this Agreement, are not maintained in good standing.
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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
writi ng by the Director. All construction on the said Lands shall be carri ed
out in accordance with the regulations for construction as set out in Schedule
IIV' 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 COMPtETION TIME FOR CONSTRUCTION AND INSTAlLATION
The Owner shall, within two (2) years of the date of the issuance of an
Authorization to Commence Works, canp1ete 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 faciliti es 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 noti fy the Owner and his surety in writi ng 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 hi s 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 notifi ed. 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 shan constitute a default in performance under this agreerent, then in
any such case the Director may notify the Owner and his surety in writing of
L.R.: 12.5.87
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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 aroount 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
val ue 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 ntay enter the sai d Lands for the purpose of maki ng emergency repa i rs 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
install ed under thi s 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 canmencement 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 nunber, location, and frequency of
observation of the piezometric observation wells shall be recommended by a
tl)'drogeologist 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 pri vate 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, coonect
the affected party to the Town water supply system or provide a new
well or private water system so that water supplied to the affected
party shall be of a quality and quantity at least equal to the
quality and quantity of water enjoyed by the affected party prior to
the interference.
5.20 USE OF WURKS BY TOWN
The Owner agrees that any of the Works may be used by the Town or other
authori zed persons, for the purposes for whi ch the Works are desi gned. 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.: 12.5.87
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5.21 f'iIAINTENANCE 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
Oi 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 snowp10wing 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 Authori zati on 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
Completionll. In addition to any other requirements contained herein, no
Certificate of Completion shall be issued until:
(1) Such of the Works authorized by the Authorization to Commence Works for
which a Certificate of Completion is required, have been inspected by the
Di rector, and he is sati sfi ed such Works have been constructed and installed in
accordance with the latest version of the Engineering Drawings approved by the
Di rector; and
(2) The Town is satisfied that, in respect of the construction and
installation of all of the Works authorized by such Authorization to Canmence
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)
(b) Final Stage of Road Construction: one (1) year from the date of the
issuance of Certificate of Completion for the final stage of road
construction.
5.24 REQU IREfvlENTS 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 thi s
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.: 1~.5.87
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issued until all of the Works covered by such Certificate of Completion have
been inspected by the Director and the Town Council has approved the written
report of the Director that all such Works have been maintained to the approval
of the Director for the period set out in paragraph 5.23 of this Agreement.
5.25 OWNERSHIP OF WORKS BY TOWN
The Owner agrees that, upon the issuance of a Certificate of Acceptance, the
ownership of all of the Works covered by such Certificate of Acceptance shall
vest in the Town and the Owner shall have no right or claim theretot other than
as an Owner of land abutting a road in which such Works are installed.
5.26 REQUIREMENTS FOR CERTIFICATE OF RELEASE
Upon comp It-ance with subparagraph (l), (2), and (3) hereof, the Town agrees to
provi de the Owner with a written release for the said Lands, referred to herein
as the "Cert i fi cate of Rel easell, in a form sui tab le for regi stration or deposit
in the applicable Registry or Land Titles Office. In addition to any of the
requirements contained herein, the Certificate of Release for such stage shall
not be issued until:
(1) Certificates of Acceptance have been issued for all of the Works; and
(2) a registered Ontario Land Surveyor, approved by the Townt has provided the
Town with written confirmation that at a date not earlier than the end of
the maintenance period described herein, he has fO'und 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 roundi ngs, and all poi nts
of change in direction of roads on the Plan; and
(3) the Town Council has, by resolution, acknowledged that the.Owner has root
all of the provisions of this Agreement.
The Certificate of Release shall operate as a discharge of the land described
therein of all obligations of the Owner under this Agreement with the exception
of the Owner's responsibility for drainage as provided herein and the Owner's
acceptance of the conditions for applying for Town building permits as provided
herein.
5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES
(1) In the event that the Owner is required to install oversized services
(hereinafter called 1I0versized Services") or services outside the limits of the
Plan of Subdivision (hereinafter called "External Services") which are more
particularly set out in Schedule lip" 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 "P") that is
equal to the proporti on of the exc.es s capaci ty of such Oversized or Extern al
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 port; on of such Oversi zed or External Services esti mated to be
utilized by a developer of lands outside the Plan of Subdivision shall be
calculated by the Director, whose decision shall be final. In detennining the
cost of the Overs i zed or External Servi ces there shall be added annually from
the first anniversary of the issuing of the Certificate of Completion to the
costs set out in Schedule lip" a sum equal to the interest on the amount of the
unpaid balance from time to time of the cost of the Oversized or External
Services calculated from the date of the issuance of the Certificate of
Completion, at the highest prime lending rate charged during the previous year
by the Bank of Montreal at its main branch in the City of Toronto, plus two
percent (2%).
(2) In the event that payment is required to be made under this paragraph by
the Town before the issuance of a Certificate of Completion, no interest shall
be added to the cost of Oversized or External Services.
loR.: 12.5.87
/}
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THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and
approved by By-law No. 86-55 of the Corporation of the Town of Newcastle,
enacted and pas~ed_ the 12th day of M~, 1986.
LEGAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR that certain parcel or tract of land and premises
situated, lying and being, in the Town of Newcastle, in the R~gio~~l
Municipality of Durham being Blocks 70 and 71, Plan 10M-781, Lots 61, 110 and
Part of Lots 58 and 59, Registrar1s complied Plan No. 713 (Part of Lots 58 and
J 2. I O"-Z.b~ I
~9, now designated as Parts I and 4, Plan ~-~), Township of Darlington.
(~ eJ;. Lots to I Clf'"Id 1101 ()OW cks ~na...-ted o..S Pa...r+s 3 and 4-)
P ICV\ I O~'7 2 ~ 1.0 J") V""" gF'
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
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L.R.: 2.6.87
(y\€-('c,'aJl Uu'o~
Power of Attorney reJ1stered on
Aug. "/85 as No. La!!!! llf.
19 d-::'t7 ,
-r;; -t he.. 6es+ oF +re. At+or ~ s
k~/~e. Clnd be I;e.~
?oWQf- o-P A-t+olrej ;~ S;;+-i\
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THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and
,approved by By-law No. 86-55 of the Corporation of the Town of Newcastle,
enacted and passed the 12th day of M~, 1986.
PLAN OF SUBDIVISION
(copy of final plan prior to registration)
(copy of 10M 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 CORPORAT
)
)
)
)
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THE TOWN OF NEWCASTLE
O'
L.R.: 12.5.87
Power 01 Attorney refistered
on Aug.I/85 as No. L -.
lq ~54"\
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10MPLANRE':
satEDULE "B"
PLAN OF SUBDIVISION
OF tILOC<<s 70 AND 71. PlAN fa AI _ Tel.
LOTS 51, lIO AND IlART Of' LOTS 5' AND 5-_
MOISTRAR'S COMPILED PLAN "'. 713
Cer'NG ......,. OF LOT n. CONcnSION 21
TOwNSHIP OF DAflLtJfGTOH ftOW tit the
TOWN OF
IIrGIONAL MUNICIPALITY
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OWNER'S
CERTIFICATE
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,THIS SCHEDULE IS SCHEDULE IIC II to the Agreement which has been authori zed and
approved by By-law No. 86-55 of the Corporation of the Town of Newcastle,
enacted and passed the 12th day of M~. 1986.
CHARGES AGAINST SAID LANDS
(1) MUNICIPAL TAXES
(2) LOCAL IMPROVEMENT CHARGES
(3) ORAl NAGE CHARGES
",
(paid upon execution, where applicable)
(paid upon execution, where applicable)
(paid upon execution, where applicable)
IN WITNESS WHEREOF' the parties hereto have hereunto set their hands and seal s
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED)
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L.R.: 12.5.87
Power of Attorney registered
on Aug.I/85 as No. l 111.
fq C}5"'+ -, .
THE ROYAL BANK OF CANADA
..c~c- Jk-~~
(Y\O..hG<fY
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THIS SCHEDULE IS SCHEDULE 11011 to the Agreement which has been authori zed and
'approved by By-law No. 86-55 of the Corporation of the Town of Newcastle,
enacted and passed the 12th day of M~, 1986.
DEVELOPMENT CHARGES
The Owner shall pay to the Town development charges in the alOOunt of $81,400.00
(calculated at the rate of $2,200.00junit for each dwelling unit) which shall be
paid as follows:
25% of the aforesaid sum forthwith upon the date of execution of this
Agreement
25% of the aforesaid sum at the date of the issuance of the building
permit for the first dwelling unit.
25% of the aforesaid sum prior to the issuance of the building permit for
the'-20th dwelling unit.
the remainder of the aforesaid sum prior to the issuance of the building
permit for the 30th dwelling unit.
For the purposes of this Schedule and the Agreement development charges actually
paid to the Town shall be applied in the first instance on a pro-rata basis
against all lots or blocks within the Plan upon which it is contemplated by this
Agreement that residences shall be built but, upon the issuance of the first
building permit and thereafter, the development charges shall be first applied
in full satisfaction of the development charges owing on the lots or blocks in
respect of whi ch the bui 1 di ng permits have been issued. and the bal ance 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 v.tJich 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 bull di ng permits issued with
respect to any lot or block within the Plan whether issued to the Owner or any
other person.
The Town shall review its schedule of development charges annually and may
adjust the amount of the development charges herei n in accordance therewith.
The Owner hereby acknowledges and agrees to such annual adjustment and further
agrees that such adjusted development charges shall be app1 i cab 1e 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
KINGSBERRY PROPERTIES
JOHN FOLl~' -7
L.R.: 12.5.87
THE ROYAL B
PER:
Nt<
Power of AttorneY1 r~~~~red on
Aug. '/85 as No. .
19 ~5t..f1.
21
. j \ ' I
, '
THIS SCHEDULE IS SCHEDULE IIE" to the Agreement which has been authorized and
-approved by By-law No. 86-55 of the Corporation of the Town of Newcastle,
enacted and passed the 12th day of May, 1986.
GRANTS OF EASEMENTS TO BE DEDICATED
The Owner shall deliver to the Town in a form satisfactory to the Town the
following easements: '
(by reference plan)
(To be provided by Owner)
-"
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
L.R.: 12.5.87
THE ROYAL BANK OF CANADA
PER:
Power of Attorney_~~~~red on
Aug. e/85 as No. .
,q c2!;LfI.
PER:
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THIS SCHEDULE IS SCHEDULE IIFII to the Agreement which has been authorized and
,approved by By-law No. 86-55 of the Corporation of the Town of Newcastle,
enacted and passed the 12th day of May, 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:
( descri pt ion)
(2) CASH IN LIEU OF LANDS
The,Owner shall pay to the Town, as cash in 1 i eu of the dedi cati on by the
Owner to the Town of lands for public purposes, the amount of
$225.00.
The above figure is representative of Phase II Development and in
consideration of the parkland dedication through Plan 10M-781 (Phase I
deve 1 opment).
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
L.R.: 2.6.87
THE ROYAL EANK OF CANADA
Power of Attorner r~~red on
Aug.-"S5 as No.
i~ "d-S't1
PER:
H ,(Z. s
PER:
Jt
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1 ,
THIS SCHEDULE IS SCHEDULE IIGII to the Agreement which has been authorized and
,approved by ~y-1aw No. 86-55 of the Corporation of the Town of Newcastle,
enacted and passed the 12th day of May, 1986.
WORKS REQU IRED
1. STORM SEWER SYSTEM
The Owner shall construct, install, supervise and maintain a storm drainage
system, sati sfactory to the Town, for the removal of upstream storm water and
storm water originating within the said 1ands,including storm sewer mains,
manholes, service connections, catchbasi ns and leads, open channel s, storm
outfa11s and any other appurtenances as may be required in accordance with the
Town of Newcastle's Design Criteria and Standard Drawings.
The Owner agrees to produce Engineering Drawings for the storm drainage system,
to the satisfaction of the Director of Public Works.
The Owner'agrees to obtain any easements required external to the said lands, at
no expense to the Municipality for the disposal of storm water from the said
lands.
2. ROADWAYS
The Owner shall construct and install the following services on the various
streets, shown on the Plan as fo110ws:-
.,'
,
(a) pavement widths to be applied to the following streets: as shown on the
approved Engineering Drawings.
(b) The grading and paving of all streets, including the installation of
Granular "AII and Granular "SI1 materi al 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 canp1ete sidewalks in
accordance with the Town of Newcastle's Design Criteria and Standard
Draw i ng s" on the fo 11 owi ng 10 cat ions: as s hewn on the ap pr oved E ngi neeri ng
Drawings.
(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 si dewal ks, where si dewal ks are install ed, 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, energize and maintain Street
Lighting, in accordance with the Town's specifications, on all streets and
walkways, to the satisfaction of the Director of Public Works.
(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
o f Pub 1 i cWo rk s . '
L.R.: 12.5.87
)
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3:P
S~hedule IIGII
- 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
Work s .
(i) The Owner shall provide, plant and maintain, under the supervision of a
qual Hi ed nurseryman or hort icu1 turi st (and guarantee for one year from
date of planting) one tree on each lot, as per the Landscaping Plan and in
accordance with the Town of Newcastle's Design Criteria and as approved by
the Director of Public Works. Tree species to be to the satisfaction of
the Director, and 3 to 3.5 metres in height and 5 cm. in caliper, staked
and bagged as necessary.
3. PEDESTRIAN WALKWAYS NOT APPLICABLE
The Owner ~rees 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 NOT APPLICABLE
The Owner shall provide and grant to the Town any turning circ1e(s) required by
the conditions of draft plan approval in accordance with the Town's Standard
Drawi n9s, and construct and mai ntai n such turni ng circl es in accordance wi th 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 la' 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 Pub 1 i cWo rk s .
7. FENCING NOT APPLICABLE
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;
(i 1) wal kways;
(iii) park Qr open space blocks.
L.R.: 2.6.87
.31
Schedule IIGII
.
- 3 -
8. EXTERNAL WORKS NOT APPLICABLE
The Owner agrees to pay one-half of the cost of reconstruction of
abutting his lands. The reconstruction program will include:
(a) (i)
( i i )
(iii)
( i v)
(v)
( vi)
(vi i)
Storm sewer system and all appurtenances
Installation of Granular IIAII and IIBII and paving to a pavement
width of 10 metres
Curb and Gutters and Sidewalks
Sodding of boulevards
Paving of driveway approaches
Street lighting
Any Regional works required.
(b) All work to be completed to the Town of Newcastle's Design Criteria and
Stan'dard Orawi ngs and as per the Engi neeri ng Orawi ngs 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 interva1s):-
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)
)
)
)
)
)
)
)
1t1 I
)
)
KINGSBERRY PROPERTIES
JOHN FOLE~~
L.R.: 12.5.87
Power of Attorney registered
on Aug. _/85 as No. _. _e
/q 015 + l
"11
(rJ'
37/
, '
THIS SCHEDULE IS SCHEDULE IIHII to the Agreement which has been authori zed and
approved by By-law No. 86-55 of the Corporation of the Town of Newcastle,
enacted and passed the 12th day of M~, 1986.
UTILITIES AND SERVICES REQUIRED
1. ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for
the design, provision and installation of an electrical supply system to serve
the lands, in the locations as approved by the Director. All electrical
services are to be installed underground.
The Owner shall also make any necessary arrangements with any T.V. Cable Campany
in order that the installation of any such system shall take place so far as
possible contemporaneously with the installation of other services so as to
cause mintrnum disruption of municipal services.
2. STREET LIGHTING SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for
for the design, provision and installation of a complete street lighting system
to serve the said Lands on behalf of the Town in whose ownership the system
shall vest upon acceptance of the works including all appurtenant apparatus and
equipment, in the locations as approved by the Director. The Owner shall
furnish written evidence satisfactory to the Director that such arrangements
have been made prior to the issuance of any Authorization to Commence Works.
3. TELEPHONE SYSTEM
The Owner shall arrange with Community Telephone Limited and/or Bell Canada for
the design,provision and installation of a telephone system to serve the said
Lands, as approved by the Director. All telephone services are to be installed
underground.
4. GAS SUPPLY SYSTEM
The Owner shall arrange 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 instal led
underground.
6. rvlAIL DISTRIBUTION SYSTEf;i
The Owner shall arrange with Canada Post for the provision and installation of a
mail distribution system to service the said lands, in the location as ~proved
by the Director.
L.R.: 12.5.87
/11/
'.,....l....'.
'1.
I'
I -
J
33
, '
page 2 of SCHEDULE IIHII
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year fi rst above written and the parti es 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
"
KINGSBERRY ~
JOHN FOLEY
L.R.: 12.5.87
Power of Attorney re~1stered
on Aug. _/85 as No. LIlli.
\~ ?s4-l
Jr
.~It'
3~
THIS SCHEDULE IS SCHEDULE III II to the Agreement which has been authorized and
'approved by By-law No. 86-55 of the Corporation of the Town of Newcastle,
enacted and passed the 12th day of M~, 1986.
DUTIES OF OWNERIS ENGINEERS
1. DESIGN WORKS AND PRIVATE WORKS
The Owner's Engineers shall prepare the following for the approval of the
Director:
(a) the Engineeering Drawings;
(b) the Grading and Drainage Plan;
(c) the Landscaping Plan;
(d) the Schedule of Work;
(e) the Staging Plan;
(f) the Works Cost Estimate; and
(g) the'5tage 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 Owner1s 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 fo110wi ng:
(a) provide field layout including the provision of line and grade to the
contractors and, where required, restaki ng; 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
Oi rector; and
(d) provide co-ordination and scheduling of the construction and installation
in accordance with the timing provision contained herein and the
requirements of the Director; and
(e) investigate and report to the Director any unusual circumstances which may
arise during the construction and installation; and
(f) obtain field information, during and upon completion of the construction
and installation, required to modify the Engineering Drawings to produce
the As-constructed drawings.
4. MAINTAIN RECORDS
The Owner's Engineer shall maintain all records pertaining to the construction
and installation.
5. PROVIDE PROGRESS REPORTS
The Owner's Engineer shall provide the Director with reports on the progress of
the construction and installation on a rronth1y basis, or at such other interval
as approved by the Director.
L.R.: 12.5.87
;j;/
.' .
,Schedule I
3S
6. PREPARE AS CONSTRUCTED DRAWINGS
- 2 -
The Owner1s 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 parti es hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behal f.
SIGNED, SEALED AND DELIVERED) THE CORPORAT
)
)
)
)
)
)
)
~
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L.R.: 12.5.87
Power of Attorney registered on
Aug. "/85 as No. L 11.
19 as'tl
KINGSBERRY PROPERTIES
JOHN FOLEY ~
PER:
/u..
, ,
:J"
THIS SCHEDULE IS SCHEDULE IIJ" to the Agreement which has been authorized and
" ,approved by By-law No. 86-55 of the Corporation of the Town of Newcastle,
enacted and passed the 12th day of M~, 1986.
COST EST! MATES
REMLARK HOLDINGS LTD. - PHASE II - FOXHUNT COURT
TOWN OF NEWCASTLE
WORKS COST ESTIMATE
PART I - UNDERGROUND SERVICES & GRADING
1.
2.
3.
4.
5.
Rough Grading & Excavation
300mm Concrete Pipe
1200mm Precast Manhole
1200mm C.B. Manhole
150mm Storm Service
$ 4,500.00
22,610.00
1,885.00
5,600.00
8 , 125 .00
$42,720.00
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Sub Total Part I
PART II - ROAD BASE WORKS
1-
2.
3.
4.
5.
6.
Granular B
Granular A
HL6 Base Asphalt
100mm Pip~ Underdrain
Street Lights
Base Concrete Curb and Gutter
$ 6,000.00
3,520.00
6,600.00
2,408.00
1,500.00
4,300.00
$24,328.00
Sub Total Part II
PART III - ABOVE GROUND WORKS
1.
2.
3.
4.
5.
6.
HL3 Surface Works
Top Concrete Curb and Gutter
Concrete Sidewalk
Topsoil and Sod
Driveway Approach
Street Trees
5,460.00
4,300.00
0.00
4,475.00
17,100.00
4,750.00
$36,085.00
$103,133.00
5,156.65
$108 , 289.65
10,828.97
$119,118,62
Sub Total Part III
Total Cost - All Phases
5% Contingencies
Total Cost of Construction
10% Engi neeri ng
TOTAL PERFORMANCE GUARANTEE
The Performance Guarantee has been based on Preliminary Estimates only,
and, when the final Engineering Drawings have been approved by the Director of
Public Works, a revised Cost Estimate of the Works, Underground Hydro,
Engineering and Contingencies shall be prepared by the Owner's Engineer and
submitted to the Director of Public Works for his approval. This revised Cost
Estimate shall be used as a basis to adjust the Performance Guarantee, if the
Estimate increases or decreases.
L.R.: 2.6.87
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Page 2 of Schedul e IIJ II
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 0 THE TOWN OF NEWCASTLE
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L.R.: 2.6.87
Power of Attorney registered
on Aug. _/85 as No. I 1 1.
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THIS SCHEDULE IS SCHEDULE ilK" to the Agreement which has been authorized and
lapproved by By-law No. 86-55 of the Corporation of the Town of Newcastle,
enacted and passed the 12th day of May, 1986.
I NSURANCE POLICIES REQUIRED
1. TYPES OF COVERAGE REQUIRED
The Owner shall obtain and maintain insurance of the character commonly referred
to as pUblic liability and property damage with an insurance company approved by
the Municipal Teasurer and duly authorized by law to underwrite such insurance.
Such policy or pOlicies of insurance shall indemnify the Town against all
damages or claims for damages for:
(a) any loss or damage that shall or may happen to any of the Works or any of
the Utilities or to any part or parts thereof respectively; and
(b) any,] os s or damage that shall or may happen to any of the materi a1 s or any
of tile equipment or any other things used to construct or install any of
the Works or any of the Uti 1 i t,i es 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 sai d Lands together with any or all of the Works and Ut i 1iti es
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 provi de the following minimum coverages:
(a) $1,000,000.00 for loss or damage resulting from bodily injury to, or death
of anyone person; and
(b) $2,000,000.00 for loss or damage resulting from bOdily injury to, or death
of, two or more persons arisi ng 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
may be held responsible.
3. EXErvlPTION 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.: 12.5.87
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,Page 2 of Schedule IIKII
(c) any collapse or subsidence of any building, structure or land from any
cause; or
(d) any storage, handling or use of explosives.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
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L . R. : 12.5.87
Power of Attorney registered on
Aug. "85 as No. _ r.~.
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THIS SCHEDULE IS SCHEDULE ilL II to the Agreement which has been authorized and
'approved by By-law No. 86-55 of the Corporation of the Town of Newcastle,
enacted and passed the 12th day of M~, 1986.
REGULATIONS FOR CONSTRUCTION
1. REQUIREMENTS FOR BLASTING
The Owner shall, prior to commencing anY blasting, obtain from the Director,
permission to carry out the blasting operation.
2. REMOVAL OF TOP SOIL
The Owner shall not remove any top soil from the said Lands except for
construction purposes and such top soil must remain within the limits of the
said Lands.
3. DUMPI~G OF FILL OR DEBRIS
The Owner agrees to neither dump, or permit to be dumped, any fill or debris on,
nor to remove, or permit to be removed any fill from any lands to be dedicated
to the Town other than the roads within the limits of the said Lands, without
the written consent of the Director.
4. DISPOSAL OF CONSTRUCTION GARBAGE
All construction garbage and debris from the said Lands must be disposed of in
an orderly and sanitary fashion in a dump site off the said Lands and approved
by the Director. The Town shall not be responsible for the removal or disposal
of garbage and debris. The Owner agrees to deliver a 'copy of thi s clause to
each and every builder obtaining a building permit for any part of the said
Lands and to ensure that no burning of construction garbage or debris is
permitted on the said Lands.
5. QUALITATIVE AND QUANTITIVE TESTS
The Owner agrees that the Town may have qualitative or quantative tests made of
any materials or equipment installed or proposed to be installed. The costs of
such tests shall be paid by the Owner.
6. MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS
The Owner shall, at all times during the life of this Agreement ensure that all
public roads abutting the said Lands and all public roads used for access to the
said Lands, during any construction on the said Lands, shall be maintained 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 untrave11ed
portion of any public road allowance without the prior written approva} of the
authority having juriSdiction over such public road allowance.
7. MAINTENANCE OF INTERNAL ROADS
The Owner shall, pri or to the p"lacement of the base course of asphal t on any
road requi red to be constructed under thi s Agreement, remove any contaminat ion
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.: 12.5.87
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" ,'Page 2 of Schedule IILII
8. WEED AND RAT CONTROL
After the commencement of construction the Owner shall institute upon the Lands
a program of weed and rat control to the satisfaction of the Director.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year fi rst above written and the parti es hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that beh~f.
SIGNED, SEALEO AND DELIVERED) THE CORPORATION OF THE TOWN OF NEWCASTLE
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) JOHN FOLEY
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Power of Attorney registered
on Aug. ./85 as No. ~Jlllll].
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L.R.: 12.5.87
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THIS SCHEDULE IS SCHEDULE IIM'I to the Agreement which has been authori zed and
approved by By-law No. 86-55 of the Corporation of the Town of Newcastle,
enacted and passed the 12th day of May, 1986.
USE OF SAID LANDS
The Owner agrees that the said lands shall not be used for any purpose other
than as set out in the following table:
LAND USE
LOT OR BLOCK NUMBER
Si ng1e fami1 y dwell i ngs and semi-
detached dwellings in accordance
with By-law 84-63, as amended, from
time to time.
All Lots and Blocks
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year fi rst above written and the parties hereto have hereunto
affi xed thei r corporate seal s by the hands of thei r proper office rs duly
authorized in that behal f.
SIGNED, SEALED AND DELIVERED)
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L.R.: 12.5.87
Power of Attorney registered on
Aug../85 as No. 111r .
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"THIS SCHEDULE IS SCHEDULE "NII to the Agreement which has been authorized and
approved by ~y-law No. 86-55 of the Corporation of the Town of Newcastle,
enacted and passed the 12th day of M~, 1986.
LANDS UNSUITABLE FOR BUILDING
The Owner agrees that no application will be made for a Suil di ng 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
Blocks 36, 37, 38
To be developed in conjunction with
adj acent 1 ands.
Bloc k 35
availability of municipal services to
service block
payment of ~ot Development Charges
p~ment of si dewal k contribution
,
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
KINGSBERRY ~
JOHN FOLEY
L.R.: 12.5.87
THE ROYAL BANK OF CANADA
Power of Attorney registered
on Aug. '/85 as No. n .
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.' ,:THIS SCHEDULE IS SCHEDULE 110" to the Agreement which has been authorized and
approved by By-law No. 86-55 of the Corporation of the Town of Newcastle,
enacted and passed the 12th day of May, 1986.
LANDS REQUIRING SITE PLAN APPROVAL
The Owner agrees that no application will be made for a Building Permit for the
erection of any structure on any of the lands listed in the following table
until a site plan agreement has been entered into with the Town and the bui1 ding
permit complies in all respects with the terms of the site plan agreement.
LOT OR BLOCK NUMBER
- NOT APPLICABLE -
"
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
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SIGNED, SEALED AND DELIVERED
L.R.: 12.5.87
Power of Attorney registered
on Auglt/85 as No. tlJ 1111.
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THIS SCHEDULE IS SCHEDULE lip" to the Agreement which has been authorized and
" ,'approved by By-law No. 86-55 of the Corporation of the Town of Newcastle,
enacted and passed the 12th day of M~, 1986.
OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED
AND/OR EXTERNAL SERVICES
1. EXTERNAL ROAD SYSTEMS: NOT APPLICABLE
The Town endeavours to collect from the developers of the lands abutting ~, 50
percent of the road construction costs where external developers abut one side
of the road, and 100 percent of the road construction costs where external
developers abut both side of the road, and rebate said amount to the Owner.
The construction cost of these road works to be rebated is $
The above figure represents the estimated road construction cost based on the
engineeri-ng drawings as outlined in Schedules 'G' & 'J' and approved by the
Director of Public Works. Upon completion of the road construction, the above
estimated cost shall be updated to reflect the 'as constructed' costs and
SUbsequently be approved by the Director of Public Works.
There shall be no reimbursement by the Town to the Owner for improvements to the
external roads.
2. STORM DRAINAGE:
NOT APPLICABLE
In accordance with Section 5.27 of the Agreement and Schedule "GII (1) of the
Subdivision Agreement, hereto attached, the Town agr~es to make every effort to
collect and reimburse the Owner, fifty percent of the sewer construction costs
where external developers abut one side of the sewer, and one hundred percent of
the sewer construction costs where external developers abut both sides of the
sewer, and for all excess capacity required for external drainage.
The construction cost of these sewer works to be rebated is $
The above figure represents the estimated 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 storm construction, the above
estimated cost shall be updated to reflect the 'as constructed' costs and
SUbsequently be approved by the Director of Public Works.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED)
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L.R.: 12.5.87
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Power of Attorney registered
on Aug.tv85 as No. ~l '-. PER:
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THIS SCHEDULE IS SCHEDULE IIQII to the Agreement which has been authori zed and
approved by By-law No. 86-55 of the Corporation of the Town of Newcastle,
enacted and passed the 12th day of May, 1986.
CONSERVATION AUTHORITY'S WORKS
(1) The Owner acknowledges and agrees to submit a Stormwater Managerrent Plan
that is acceptable to the Town of Newcastle and Central Lake Ontario
Conservation Authority. The Plan shall address the stormwater run-off
concern in a manner consistent with the Courtice Stormwater Management
Study.
Furthermore the Owner agrees not to place fill, or grade the site,
without prior written approval being given by the Central Lake Ontario
Conservation Authority.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year fi rst above wri tten and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED)
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L.R.: 12.5.87
THE ROYAL BANK OF CANADA
Power of Attorney registered
on Aug. ./85 as No. l H!.
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'THIS SCHEDULE IS SCHEDULE IIRII to the Agreement whi ch has been authori zed and
approved by By-law No. 86-55 of the Corporation of the Town of Newcastle,
enacted and passed the 12th day of M~, 1986.
ENGINEERING AND I NSPECTION FEES FOR DEVEUPMENT
Estimated Costs of Works
Fees
Up to $100,000.00
$100,000.00 to $500,000.00
$500,000.00 to $1,000,000.00
"
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
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 -
wh i chever is greater
$67,500.00 or 2% of the estimated
cost of services - whichever is
greater
For the purposes of calculating the Engineering and Inspection Fees as
contemplated by this Schedule, the estimated costs of works shall include the
Cost Estimates as specified in Schedule "J" hereto, and shall include the
estimated cost of Regional services.
$3,000,000.00 to $4,000,000.00
The aforesai d amount is 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
affi xed thei r corporate seal s by the hands of thei r proper offi cers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
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NEWCASTLE
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L.R.: 12.5.87
Power of Attorney registered
on Aug. '/85 as No. ____ 11.
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'THIS SCHEDULE IS SCHEDULE IISII to the Agreement which has been authorized and
approved by By-law No. 86-55 of the Corporation of the Town of Newcastle,
enacted and passed the 12th day of M~, 1986.
MINISTER'S CONDITIONS OF DRAFT PLAN APPROVAL
"
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 pr,oper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED) THE CORPORAT N 0 THE TOWN OF NEWCASTLE
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) JOHN FOLEY
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L.R.: 12.5.87
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Power of Attorney registered
on Aug. "185 as No. _ .
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PER:
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.' &J Ministry of
Municipal 777 8ey St....t
TOf'onto,Onurio
, . I . Affairs M5G 2E5
Ontario
July 25, 1986
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Mr. R.C. Annaert
D.G. Biddl~ & A~sociates
Consulting Engineers
96 King Street
Oehawa, Ontario
L1H 186
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Subject: Revisions to Minister's Conditions of Draft
Approval
Owner: Remlark Holdings L~mited
Municipality: Town of Newcastle
FileNo: 18T-79038
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Dear Mr. Annaert:
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Further to your requeet and pursuant to section 36(12)
of the Planning Act, the Minister's conditions of
,draft approval dated January 29, 1981, as amended
'. 'rP'sbruarY'''-&,-,'1981 and September 28111982, are hereby
further revised as,follows:
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Condition 1 is deleted and replaced with:
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"1. That this approval applies to the draft plan,
Job no., 25193, prepared by Doneyapand
'leishch~ann Company ~imited,Ontario Land
Surveyor~ dated March 22, 1979 and revised to
March 13, 1986, which shows a total, of 104
lots, for 71 single family unite and 66 semi-
detached units, Blocks A, B, C & D for future
development in conjunction with abutting
lands, Block E for open space, Blocks F & G
for park purposes and Blocks H, I, J, K, & L
for 0.3 m reserve."
Condition 2 is deleted and replaced with the
following:
"2. That lands shall be dedicated free and clear
of all encumbrances, to the Regional
Municipality of Durham as follows:
'-.' a) a 3.048 metre road widening, 10 metre
;~.r:i; K 6 met.re site triangles and 0.3048 m
reserves where lots 85 and 104 abut
Townline Road; and
b) a 3.0~8 metre road widening where
lote 83 and 84 abut Townline Road."
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Condition 6 is deleted and replaced with the
following:
-6. That 0.3 metre reserves, shown on the
draft plan as Blocks H, I, J, K and L
shall be conveyed to the Town of
Newcastle."
Condition 8 is revised by replacing the
references to Blocks "E" and "F".
Condition 9 is deleted and replaced with the
following:
"9.
That the owner conveys up to 5% o~
the land included in the 'plan to the
municipality for park purposes.
Alternatively, the municipality may
accept cash in lieu of all or a
portion of the conveyance."
'"
Condition 10 is deleted and replaced with the
following:
"10.
That prior to the minister's final
approval, the area to be subdiv1d.ect"'----....
be rezoned to r~flect the uses as
shown in the draft plan 1n an
appropriate zoning by-~aw passed by
Council and in effect according to'.
the provisions of the Planni:ngAc't.
Further, t.he restricted area by-law
shall contain provision!lfr:'ohibiting
all ,buildings and structut'!!u: .in
Blocks "E" and "P''' except those
nece~sary for ~lood ~nd erosion
control".
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Condition 11 is revised by deleting the
references to Blocks "E" and ~F".
Condition 19 is revised by reJ?lacinga.l-,1 "
references to Blocks "G" and '''H''witl(:9loclss "E"
and "P'''.
Condition 21 is deleted and replalced witht.he
following:
"2l.(a) That the subdivision agree.ent'..
provide tor sediment cohtt'ol off. the
construction site during t.he
construct.ion period to the
satisfaction ot~h. Ministry ot ~he
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(b) ':' h d : p r ~ 0 : t. CJ fin d: a p p r (J v ...I 1 t h l'
O\.J:lur (-~r.:p: (~y ~~~':(l [;..'~:'\' ~ Cl.~~ 0: C"~
qu~lified coil~ concu~tant to prepare
u report outlining the nail quality
reculting from the prior use of
certain landc for a wrecking yard and
recommending what remedial works are
n~cessar.y to ensure acceptable coil
quality for residential use to the
satisfaction of the M.O.E.
(c) That the subdivision a9~eement
contain a ~equi~ement to implement
the recommendations of the soils
report as app~oved by the MOE."
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Condition 22 is reviced so that the Town of Newcactle
is to advice how conditions 1 and 3 to 16 have been
satisfied.
Condition 23 is revised by deleting the reference
to Condition 6.
Should you have any quections or concerns, please call
Stella Guctavson, area planner at 4l6/585-6067.
Yours"tru'l y,
~
Paul Feath~rstone
Senior Planner
Plans Administration Branch
C.c.
Town of Newcastle - Planning
Region of Durham - Planning
MOE
CLOCA
MNR
Ci~y of Oshawa - Planning
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Donevan and Fleischmann
Ontario Land Surveyors
11 Ontario Street
Oshawa, Ontar io'
L1G 4Y6
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P! :.;i:::r~G DEPARTMENT
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Subject:
Part of Lot 35, Concession II
(Township of Darlington)
Town of Newcastle
File No. 18T-7~03&
Dear Sirs:
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The region advises that the portion of Townline
Road abutting this plan is now under its jurisdiction.
Accordingly, conditions 6, 2~ and 23 should be changed.
Under Section 36(12) of the Planning Act, the minister's
conditions of January 29, 1981 are hereby amended as
follows:
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l. Condition 6 now refers to the "~egional
Municipality of Durham";
2.
Condition 22 now refers to onlYlconditions
1, 3 - 5 and 7 to 16; and,
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Condition 23 now refers to condJ.tions
2, 4, 6 and 15 to 1e.
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All other conditions remain as issued.' The lapsing
date remains as J~nuary 29, 1984.
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J. Malcolm
Senior Planner
Plans Administration Branc~
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Ontario
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Ministry
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PlaI1S~,
Adminl,";ration
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Di.i~ion
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February 6, 1981
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FEn 1 :: 1981
Donevan & Fleischmann Co., Ltd.
Ontario Land Surveyors
11 OntariQ Street
Oshawa, Ontario
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Subject:
Town of Newcastle
Pt. of r~t 35, Concession II
(Township of Darlington)
Owner : Remlark Holdings Ltd.
Our File: 18T-79038
Dear Sirs:
Under section 33(12) of The Planning Act, Condition 6
of the Mi~ister's January 29,1981 dr~ft approval is
amended to. read:
Cond i tioni6 .
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That 0.3 metre r'eserves, shown on the
draft plan as Blocks 'J', 'K' ,'L',
· M I, · N " · O' and 'P' sha 11 be
conveyed to the Town of Newcastle.
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Yours truly,
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fR'C' Dolan
Senior Planner
.. Communi ty Planning Review Branch
c.c. Owner: Remlark Holdings Ltd.
Solicitors : McGibbon, Bastedo & Armstrong
Town Planning Dept.",/'
Region Planning Dept.
M.O.E.
M.N.R.
C.L.O.C.A.
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January 29, 1981
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Mr, f). S,mi th
Planning Director
Town of Newcastle Planning
Department
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
Subject:
TOwn of Newcastle
Pt. of Lot 35, Con.II
(Twp. of Darlington)
O\vner: Remlark Holdings Ltd,
Tel: (416)686-1313
File No: l8T-79038
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Dear Hr. Smith:
.]\ ','he cJbove ora ft plan ""as apprCDved tOU~tZc1nd we
attach a copy of the conditions of uPiJr;Oval.
Please tell us when the OWner hus curried out
those conditions which must be arranged directly
with the municipality or other authority which
you represent. This is necessary before the
final plan can be approved for registration.
It should be noted that we require a brief. but,
complete statement indicating how each of the
conditions with which you are concerned has bee~
satisfied.
Yours truly,
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H. Salonen
Planner
Community Planning Review Branch
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file No: l8T-79038 (Revised)
The Minister's conditions and amendments to final plan
approval for registra~ion of this subdivision
file no: 18T-79038 are as follows:
----- ------.-- -- ------.-------- --------- - ---
No.
Conditions
----------------------------------------------------------
1. That this approval applies to the draft plan, drawing
number 25193, by Donevan and Fleischman, Ontario
Land Surveyors, dated September 24, 1980, which
shows a total of .69 lots for '48 single and 42 semi-
, detached units, and 18 blocks.
That sufficient land:shall be dedicated as public
highways to widen Town Line Road, shown on the draft
plan as Blocks 'Q' and 'R'. .
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2.
3. That the road allowances included in th{s draft
plan shall be dedicated as public highways.
4 .
That the streets shall be named to the satisfaction
of the Town of Newcastle and the Regional MuniCipality
of Durham. . .'
5. That temporary turning circle~ shall be provi~e~ ~
at the end of all dead end st~eets to the satisfaction
of the Town of N~wcastle.
. I 6
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That 0.3 metre reserves, shown on the draft plan
a s a 1 oc k s 'J', , K " 'L', , M " 'N', '0' and 'p ,
shall be conveyed to,the Town of Ajax:
7. That any dead ends and open sides of road allowances
created by this draft plan shall be terminated in
0.3 metre reserves to be conveyed to, and held in
trust by the municipality. .
8. That Blocks 'G' and 'H' as outlined on the draft plan
shall be conveyed to the Towno! Newcastle for
conservation and open space purposes. .
9. That the owner conveys up to SI of the land included
in the plan to the municipality foe paik purposes
under section 33 (5) (a) oJ The Planning Act. This shall
include BlOCk 'I'.
10. That before the Minister's final approval the area
to be subdivided be zoned to reflect the uses as
shown in the deaft plan in an appropriate restricted
area by-law passed by Council and either:
(a) submitted to and approved by the Ontario MuniCipal
Board,
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file No: l8T-79038(Revised)
----------------------------
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No.
Conditions Continued
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(b) in effect in accordance with section 35(25)
of The Planning Act.
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Further the restricted area bY-law shall cOntain
provisions prohibiting all buildings and structures
in Blocks 'G' and 'H' except those necessary for
flood and erosion control.
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11.
That the subdivision agreement between the owner
and the municipality contain a provision that
Bloc k s 'A', ' B I, ' C', '0', 'E ' an d 'F' s hall no t
be developed except in conjunction with adjacent
lands as specified in the agreement.
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12. That the Owner agrees in writing to satisfy all
the requirements, financial and otherwise, of the
TOwn of Newcastle concerning the prOvision of roads,
installation of services and drainage. .
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13. That a.ll lands to be dedicated or cOnveyed to the
munici?ality for any municipal purpose shall be
dedicated or conveyed in a form acceptable to the
munici?ality and fur,ther the Owners shall grade
~nd sod all lands to be cOnveyed to the municipality
for park purposes and shall plant such trees and
other vegetative materials as may be required by
the municipality in accordance ~ith a lan~scape
plan to be submitted to the town for approval.
14. That the owner agrees to prOvide adequate screening
for existing residential uses abutting proposed ~.,
road allowances.
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IS. That such easements as may be required for utility
or drainage purposes shall be granted to the appropriate
authority.
16. That the development of the plan be phased to the ~
satisfaction of the Town of Newcastle an~ the Regional
Municipality of Durham.
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File No: l8T-79038(Revised)
-- - - -- -- - -_.- - --'- -- --- -.--.-- ---- -- - - ------ ---- ----
No.
Conditions Continued
-- ----.------------------ - - - -------------------
17. That prior to final approval of the plan the
engineering drawings for regional services and the
final plan of subdivision shall be s~bmitted to
the Regional Works Department for approval.
'18. 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 lof services and
drainage.
19. That the Owner agrees!n the subdivider's agreement,
in wording acceptable to the Ministry of Natural
Resources and Central Lake Ontario Conservation
Authority:
a)
To neither place nor remove fill of
any kind, whether originating on the
site or elsewhere; nor alter any
existing vegetation in Blocks 'G'
and 'H', or lots 5-24 inClusive without
written COnsent of Central Lake Ontario
Conservation Authority.
b)
That prior to initiating an~f grading or
construction on Lots 5 to 24, to prepare
a grading, drainage and erosion conteol
plan, acceptable to Ministry of Natural
Resources engineers, which will be
developed in a manner which will provide
suitable building sites, and minimize
erosion into Blocks 'H', 'G' and Farewell
Creek.
c)
To erect a snow fence, or other suitable
barrier along the rear lot lihes of
Lots 5 to 24, to prevent the U~authorized ~
dumping of fill or alteration of vegetatio~
in Block 'H'.
This barrier shall remain in place until
all grading, construction, and ee-sodding
on the site is completed.
(Cont 'd.)
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File No: 18'1'-79038 (Revised)
No.
-- -,- - - - - - - -.- -- ------.- - - - --- - - - -- - ----- ------ -----
Conditions Continued
- - --- ------- - -- -'--------- -- --------------------
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20. Prior to final approval of the plan, the owner
shall prepare and submit to Central Lake Ontario
Conservation Authority for approval, a stocmwater v
management plan for the subject property.
2l. That
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b)
the subdivision agreement provides for:
sediment control off the construction
site during the construction period;
visual buffering in the form of fence
or planting between this development
and the adjoining wrecking yard, to the
satisfaction of the Ministry of the
Environment.
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22. That before the Minister's final approval is given
we are to be advised in writing by the Town of
Newcastle how conditions 1 to 16 "ave been satisfied.
2 J . T hat be for e the M i n i s t e r 's fi n a 1 a p pro val i s .g i ve n
we are to be advi~ed in writing by the ,Regional.
MuniCipality of Durham how conditions 4 and 15 to
18 inclusive have been satisfied.
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24. That before the Minist~r's final approval is given
'....e are to be advised in writing by the Ministry
of Natura 1 ReSources how condi tions 10 and 19 have
been satisfied.
25. That before the Minister's final approval is given
we are to be advised in writing by theC~ntralL~ke
Ontario Conservation Authority how conditions 10,
19 and 20 have been satisfied.
26. That before the Minister's final ,>jpproval is given
....'e are to be advised in writing by the Ministry of
the Environment how condition 21 ha$ been satisfied.
NOTES:
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1. We suggest you make yourself aware of:
(a) section 160a(1) of The Land Titles Act, which
requires all new plans be registered in a land
titles system;
(b) section 160(2) allows certain exceptions.
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F i 1 e No: 18 T- 79038 (R e vis e d )
NOTES CONTINUED:
.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.
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J. Inauguration, or extension of a piped water SUPply,
a sewage system or a storm drainage system is Subject
to the approval of the Ministry of the Environment
under Section 41 and Section 42 of The Ontario Water
Resources Act.
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~~~~~~olved in_~~ivision agreeme~
A copy of the subdivision agreement shall be sent
to:
District Manager
Ministry of Natural Resources
322 Kent Street West
Lindsay, Ontario
K9v 4T7
Mr. William Fry
Resource Planner
Central Lake Ontario Conserv~tion Authority
1650 Dundas Street East
Whi tby, Ontar io
LIN 2K8
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t-1r. D. Pirie
Chief, Approvals and Planning
Technical Support Section
Ministry of the Environment
Suite 700
150 Ferrand Orive
Don Mills, Ontario
M3C 3C3
5.
This will expedite cl~arance of the final plan.
A copy is not required by the Ministry of HOusing.
~~.!..ng of draft ap~r~~~
If final approval is not given to this plan within
three years of the draft approval date, and no extensions
have been granted, draft approval shall lapse under
section 33(12a) of The,Planning Act. If the owner
wishes to request an extension to draft approval,
a written explanation together with a reSolution
from the local municipality must be received by
the Ministry of HOusing prio~ to the lapSing date.
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File No: l8T-79038(Revised)
NOTES CONTINUED:
6. When the zoning by-law required in condition 10 is
being prepared, reference to this subdivision appli-
cation and the T file number should be included in
the explanatory note. This will expedite the
Community Planning Review Branch or other agency's
consideration of the by-law.
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THIS AGREEMENT made in quintuplicate this Ifill day of JUne.-
1 9ft, .
BET WEE N:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
Herei nafter call ed the IITOWNII OF THE FIRST PART.
- and -
JOHN FOLEY, of the City of Oshawa, in the Regional
Municipality of Durham, carrying on business as sole
proprietor under the Limited Partnerships Act as
KI NGSBERRY PROPERTIES
Hereinafter called the "OWNERII OF THE SECOND PART
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement, which are described in Schedule
IIA" hereto, are hereinafter called the "Lands" and constitute 13.95 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 rrortgagee of the
lands;
AND WHEREAS the Owner warrants that it has applied to the appropriate Minister
of the Government of Ontario, hereinafter cal led the Minister for approval of a
plan of subdivision of the Lands;
AND WHEREAS to comply with the Minister's conditions for such approval, the
Owner has consented to enter into this Agreement with the Town;
AND WHEREAS the Owner warrants that it has entered, or will enter into an
Agreement with the Regional Municipality of Durham, hereinafter called the
"Region" to satiSfy the requirements of the Regional Municipality of Durham,
financial and otherwise; 'I
AND WHEREAS the Owner warrants that it has or will enter into an agreement with
the appropriate Public Utilities Commission or other authority or canpany having
juriSdiction in the area of the said Lands for the design and installation of
the utilities referred to in Schedule "HII and hereinafter called "Utilities";
NOW THEREFORE in consideration of the mutual agreements and covenants and
prani ses herein contained, and other good a nd val uab le consideration, the
parties hereto agree as follows:
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L. R .: 16 . 4 . 86