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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 'u. raRe.,._ --~ A'; , ~ Province \ of Ontario Documynt ueneral Fonn 4 - Land Registration Retonn Act, 1984 'l&'S~ o ., '\J t110 (1) Registry 0 (3) property ldentifter( s) Land Titles ~ (2) Page 1 of 66 pages Block Property >- g ~ i' ~ , 20 12 10 p~,j Lj l... 141 (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) . . Of 0 treWC4S'l'LE . . . 0 0 0 . 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 . . . . . . 0 0 Date of Signature y M 0 . . I ! 1986 i 06 ! 19 0', .. .! 0 0 0.0 I 0 0 or . 0 . . I I I I , I , I .. . . .. .. .... .... .. .. .... .. .. ...... .... .. .. .. .... .... .... .. .... .. .. : .... ...... .... -i- .. . ! i I I I I I .. .... .. .... .. .... .... .. .... .. .. ...... .... .. .. .. .... . .. t .... .... .. t .. .. .1. .. . I I' I I I I I I I I I I I I I I I .S~ig"~ . @TH. (10) Perty(Ies) (Set out StatUs or Interest) . Name(s) .. o~ijE.CQ~Q~'l'~Q~ oQ~ o~~~ AO~o 0 0 0000000.0..... 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 Y M 0 . o JOHN. FOLEY.cob.KINGSaERRY oP.RQP.~R~IEA. 0..... ! .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. t .. .. .. .. . , I ! , .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . . . . . . . . . . . . . . . . . f . . . . . : I o . . 0 . . . , . . . . . . . . . . . . 0 . . . . . . . , . 0 . . 'r . . . . . (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 () OSHAWA, Ontario, LlH 7K8 ~ o a: o u. Vacant Land Registration Fee To". / Newsome and Gilbert, Limited Form LF1333 (1/85) ,. ~ i": t~. ~, .. .. ~' 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 . .,~ .' . 4"1 It ':'J' '""'" I< ~"" #If' .,~ ,~ ~ ~~Jf1 ( · . .. 1. 3 - 2 - 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 \.t~ .." ." 4 "" " . .. ~, ~ \,. ~ , _" ~ 1 'f' 4-- ,"c' .. ,fA ~ ( :; -,., - 3 - 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 '- ... " ..... 5 ,~ .... . .. <,~ , f f~-j.'; .. i;'.-- ( , '" - 4 - 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 ~-'~..._.~-"._-...... "'- to .. ""1 (. . t . ""... , I 1 -''"' 1. .. '\. (-. - ( "" - 5 - (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 .' , 41 C . t ~ .. ....1-\""""" t >>.: 1 , 1. ~ ,-... ... t .... 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 .----..-..:....-.-.--......-.,-,... ' ' 7 - 6 - "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 '\ -, ~ . t <. t -~'.L' t .... l'" - ( I ... ? - 7 - 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 ~ -, - 8 - 9 "\ \ ~ . \.. r _~': 1,- II 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 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 /a , - , '. , r ... "1' ' ...- \ t "~ - ( - 9 - (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 \.".., II ~\. \.. , \ \ \ '. t !.; - ( - 10 - r ",'. 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 , ., , - , " , , t t\" '4 I -, t r., \ ~ /~ - 11 - (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 v~"'\, ~ \.., t :"..."" , , I 13 , ~ t - , - 12 - (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 \.,-""\ , - > , , ~ - I, , \ > r -,\...... (4 ) (5) (6) (7) /'f - 13 - (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 ,- " \ -, IS , ~~: ~ . _ t \ , - 14 - 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 "'..... 4 I , . , - , . It, - 15 - 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 '. /7 ; . '. \ . - '\ " " - 16 - (11) the Owner has received the written approval of the Director of the Grading and Drainage Plan as required by paragraph 5.6 of this Agreement; and (12) 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 " '" .' Ii , . . I - , - 17 - 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. ) " ,J 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 , .' < I ' -- '. .. - I \ ...., /9 , , - 18 - such default and if the Owner fails to satisfy claims of the lien claimant within ten (10) clear days after the giving of such notice or within such further period of time as may be specified in the notice, then the Municipal Council shall thereupon have full authority and power immediately, at its option, to pay the full amount of the claim and costs into an appropriate court having jurisdiction and the Municipality shall be authorized to use all or part of any performance or maintenance guarantee to do so. In the event that the Municipality draws upon the performance or maintenance guarantee to satisfy the claims and costs of any lien claimant, the Owner shall forthwith upon notice from the 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 . , , '. . " ....'" c2CJ I _. II - 19 - 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. SIB WIT \":",,~ (1005) ~. (0.07E BY Pl,AN I ~ ; 10M- 764 I ..", >.: ~~:-( '" I ~~~ -6.. '* I ~ I <.!I~ ~CO lJJ I g~ ~(...) I ;~~ r"''''ccl I ." r' -- _L ~- :-J C' U)~ (I) "'t o :> ..... w z (j c...1: L L t") () 0::: ~ ~ o w :r: l- ~ L&J L&J ~ I- W CO LJJ <.) Z <t ~ b _J ..J <1 CJ <1 C a::: l..JJ ,.. -7 ,,- _J ~ ;> ...."> o .- ~OT /V!} 01 5973/ ~ .........,..... ~ -'>"./ . ....... L:.. LOT I 45 46 Lor 49 LOr 6:' ::r Lor 54 wr 6b' LOr ~? - -- N820J3Q.... 18'22' c I I i'f"') ~ ----L ". I ----- " I fI - /r- It)7- --_ - // - r --~-- ~ J/VSr. '-" B - _ N~ _ - _________ 177fti 4 ;v-) . _____ _ K:: ----. ----- ~ "2 "m~ o .... ;2 _ ,. ~ . / /) ",VSl." '-1./ T Lo}~ ,W 7'88 .59 6;') :~~".;;----- ---- '<::' j N~_ ]'?J 1- '~:---~~.........!.;..l - ________ 6.3 ~ /Vg - --------- _:4J. I "~ -qf--- I I, v6...~...:r ~~ I 6'4 ~ , ---- - -____ (-0 ,;vs;,~_ ,Vg .~ (...l/ / 8477'5 o . t.:>~- ~ --------- - ____. ~ ..V) ~ -:Jl b"'h (r) oJ >-.. ,~VST VO LOT ,- ~/~" l 0/ r )-~ i~V ~~ __ N9 ~j-- '~ 23053: I L LI / I........' .... (0 I I I I - I') CD I,vir ,'112 - 47943 I Lor 60 . N 720 30' 4O"E 3.00 157.63 BLOCK 70 ~g ~!! 157.63 58 !!g ,;, !! N72030 40 E 160.93 N710 53' E 33.38 ,iVSr. L07- - ----- Nt} /tVST. '/}T L... v 60868 ...., ,b, ~8 ~- ! N 710 53'E 33. !58 32' 00 59 ~= 10' -I') III 54 . RESERVE BLOCK 83 160. 93 o N 72,0 30' 4ft E N72030 40 E 32,00 53 NTIO lUl'E 32 . 00 8 !!? 88 ..... .a 0- - 8 .0 8 !! 172.09 60 KINGSWAY GATE RESERVE BLOCK 82 N710 53'E 35,77 6.00 NI3028'30"E N72030'<<t'E N 4lOE N72030 40 E BLOCK 71 165.91 165.66 160'93 61 ,/lis! I ,;....,... ,V9 '- L/ / 8 08 .a lilt' - -!! g N7"'1I3'E 53.97 8 !tV ST. I /') -1- L \./ ",9 N287'94 Ilr) 1/ I l !!? 62 ~ 0'" ...J o~ .CD '- !!?; <( a::: .... . r--- I 0, 1-- ~ !I . o N710 1I3'E 34 .17 63 tR ~ N71053'E 34.37 N7IOe!'E 32. 00 CID o ,v9 //fJ S/: LOT 94360 ! /()9 32.00 49 !! 8 !! 8 !!? Nfl /tV ST. I .....) T L(/, // 5/ 42 1&1 10 1 ":g r:- 00 l[ Ul~ Sl oI-Z o ~8 H!! 64 ,It;') .0 " /\.1 48 III N II) '" 10 31.32 N710&3 E 28.711 S 60,07 _ ;~ 8 Sll'" I~ o "'lID N NIZ 60,07 __ : 2; 81 81~ j!i .,. z N7101l3'E - 31.00 8 43 LQ T ;,VSF /119 54642 /07 SIB \ -----.-.- - -- - ---- . --- ..-.. LOT iNS/.' /Ve 47877 N71053'E 18.00 ,,/'\ -- I'VO 8 ,''vsr /lie 75/4,2 )I(J5 8 l. ! ~- Ir'T L.LI SIB !!? !!? SI8 /NST I /:-- L.,jl 18.00 39.40 N 710ll3'E 31'00. 42 .' ~ 01 .,. . 0 v - ,.. In 8~ '0 !!?l!! 8 I~ ;. ~g 8 70.0 '" -.,. - z /, ~~ 1 ,wsr ,'V9 i055,50 > .... /V~ 'q 55694 ~:J ~ ct..... ! I -~ 31.00 o o d It) 8 !! ~' 41 ll.. ('; I ,......- L LI I PART 1: SIB )I/l~ I l/'T j({),9 - 19'70 //rIST. I /') -1- L.V , 1 , BLOCK PLAN 72 /404 8 20,00 F!? !!? ,v9 !!? /,Vsr , ,r'\-- Lvi /,,9 (~ ~ tV38969 4 L liV ST: If) iY"J ;>3 I -~ N211,'i'O I I :~498 -H t:;Ci I .......... I I iY') I 70 ~ tV26773-11 7/ '--1 N2399; ~ 7") Ie. 53937 7~ 01 I"" 2> ..... SIB 8 ~ O~ 0'" ..J~ ml!! 11/4/870 In';L I'l/ .....' :?: ::0- --- () l- / n-- Lvi 1____ I :? I ... i "t ~~ct ,.... ~ I ....)7-- -------, ~ L...(/ ........ ........... ~ -------.... ~ ~ ............ 0'./0:::----.... -........:..: "1) ....... I ........... ....... r------- -................. ~ ~ .s>~~ ::....... -.........::. r~,~ ~ -...........: "~,o.......o ::..... 0 v ~ '/Ie" ....., ~~ -...........: c-:4,':::::..... -........;: \S'c";~ ~ -..........:.:'C;/I;. SfIJ "'i 11I16 ~, .,.1Il 'i__ ~ -~~.- J~'" iNSr. LOT 1'119 8 SIB !!! Q) '!1~ /,vSr. LOT Nfl !J.J :c 1- ,'tV s;: o !! Nfl 22934 '''"' ,,, Ilj,c ,';'1$7: I /j-- L.....J I N~ SIB CJ 2 <t ,.,,9 l,vsr /~-7- LI...1 /9/77 III I-; o /Nsr , I""!-- LLI/ ,yg <t :.== <1 J: (f) o L-- , ".... -- Lvi ,'IVST '01 I 1 ,1/37840 Itvsr I '")-- L(./ I Nfl ,v9 :r: -~ ~ Z ~ .~ o !! -, I , /,')-,- LL/ I / C1(} i. /V9 I,vST LOT i/06?9 74 ....... · I~j,t.s"""'- lD~-........:::.-r 21 ~~ ....... N- .I'" l') Z - ~~ 1-- I-. 0:: ~ SIB ( 1005) ~-~-- ,-- /,v ST. I ;;-- LI../I ,1/9 ....... ~Jt~ /I~ST. N~ ,1/,'7987' ~!...O~------- 75 -........:!!.s.,,~ . . .- ~. .............. A:::-"'" 8 -- ----- ~~ PAl?T ? - -............ ,g,z9r 0R- ~5 s -- --------- ....,.-- / ~o;-J : ~/~~ 06483 r;JY 77 " I ] N2D852 C;O ..... ..... ........... co o ,.: o N t'\l -..; 1 r.-- L.1..,J I ,WST:,1/e 889/8 9,8 tj /,1/ sr L- ~ __ L.OT ~ L ~ _ (,) L I- LO T I,VST.. ,V9 86189 94 . I,1/S/: Nf} 96620 I ,.., -- Q-=-) ~ _ 8':o~~: /41 _ Jf}{W2/~"";LOCK I~LplJXI6 PAl?, / ~ ~ ~ ~_- ,CJI...A/V /OR- /992 I /2 I (:) /,' -t-8LOCK /7 1 n -1- q" i-- P'..A/V 10 0 I!.' .:.IIOM- '-'- -~ ~.' --r- ,,,.:;: . T' 'T' r- -- BWCK /.9'~ ~ &ts ~ . I . LOT 9/~1 ~ :--~ 0'0 I 9 . 8 IN~4dE RESERVE ' ~ m 'I' 0030 BLOc/( 23 \ 'J ,- ( ---1- I' - I I - BL[}Jiv,20J =rl~ANI ~ ,,= PART4, PLAN /OR'1931" " I 2 I 3 I 4 " 5 I 6 ,'(j ~ I r. T C'/"I lJ ;! L-~' ~~, _j l-i-L.U.---L~ . W~T m 3' ('IRON PIFE) :\ SET SIB ~.q) ~ s ,v9 72048 ~-." !:j/ , /',-- LI.) / ,iVSr Nt} It) I') ~ livsr I /'\ 7- LLI ~ ~() mg ::!m ,.: o N NQ 5/578 0-- ...:70 !:: /.V ST. I /:-- LLII Nt} lD~ . OIl iT N'] INS/: / 1')-- L\. I ,1/9 ~ -0. '" ;; l' INST. , r-- Ll'l ' (IB, 11831 SETSIBWlT N7I053'E I-- N71053 E INsr LOr /O~"'I489 78 ,V28769 9~ ~ ....., 8 '" T ~I 8 !!! I 9 " z ,v!/ NI7584 -"..... I ::;, ~ 6 ( IB, IIB3) SET SIB WIT 37. eo 8 ~ Ii! !i! 8 104.97 105'27 37.S0 8 7 !!! TRAIL FOX HUNT N72030' 410 "E 37.eo SEE .!I 8 "2,;, "BI T o ~8 z. !!! I 8 !!? 37.110 8 fa !!! 'm o t:: 8 z !!? o 20ci co 104.97 104.97 ~K78~1 ..~ ,.,..-----.-- /' r I /'T QI tj L l/ L'I .....j . PART 2 0.... I ~ ~ " L_____ (~. I f't: ~ 6 SIB. WIT ( 1183) 5 37 . l:K7 - 4 ~s 10. -CD tf72030 '4O"E 37.110 KINGSWOOD (BY 20554 II) . i't') ~I iSIB PLAN I DR i VE IOM- t\j I \() :Y) ~ """ C'J ....... ") V) lIJ ( ...) ~ ,) r...) -... I...... ct ~ !...... C"J ....J ...J LJJ (.) ct: '" o. ,v!' ,'NST. o ... . '" ()' .... ) ()- ..... ~ 1--:: V) ...., (~ l.!J CC LOT Be' PART I I ~ S o !! z < ~ 'J 0, INST. ,v9 tV 39947 1 r.-- ,-vi 89 BLOCK 75 ~ 2", . 0 ,.... 1'':- '" z N72029 '4O"E 15'08 SIB. WIT. (1005) SIB (18.1106) 11(05) SET SIB \ ~7lt~20"E (~~f'~~ L 17'10 N7500l'401IE N53016'4d'E . 20'69~ 63; 32 ::--+:-: -....- (19) S~T SIB CID -------- ~. J (IBII.1I83) __ --- / SET SIB --~'-/iS" SHOWN, ON~441 ~ _____ ____ ~r. L~ [ ~I / ~~~ "" ~ ", /041 - t:L~1 --Q~I / cfl. ,____~ ';----.....~ '" " /';'/8> I;, 21 ~ " , ~ cs;.o<b~~"" 10 / Y/' "" ",,, \? ""vJ----.....--"v/.." ~ 16 I '" 6':\:9 6',.j>'~ ~ ~ , , '0 . /." .. .q I' " ;'-,,,> ; <S' v~ 0/ ~l I I ('oJ' " "'6'?' 9)." ~, 0-;' ,,~i;ol 'f) ~ iiJ ' , "o,,~~" ,IV"':j' QJ 'V I ~. " 1-,<9" /9'>..'" , , 4 . I f~ It! ( "" 6'/d . " ~" '" fI.i~~~i ll) I !''if <9",1) .. " '0/ I ..... ",,,~ Ii> "'./ I lS'"a; .... " " 0. T 0, I I I /~,,', "" ,"9' I ~ I "- "" 0.> I Cl I '" 'of/; '/ I-: I " , ,Y IJ) I "" ~ ';( I :...... ~ I ~ I ' ~}' I S I ~~ 1''/,~~~ ) ~'i>~,.. I I ~~o" ~ ,,~ - 43'95".:- - ~WIT 60 I_~ I \~.~~'/,6~O /.--( ~\/ (IM'JT - N7004~O-=- _ (765) I~ I "'~ ......... "~~,./ - -----. - [ -.............- 0 o.~' ~~ ~'b 'b'~~ -- __ \ I Z ~o.19~0/ -t.-a>/ ---_ \ ~ /' ~s. \ \ ~ ; /' ~./" -s.: ....Ii, \~ _________. , /: ~ ~1i,/ ~ n I..)' S~~.I .......'i9.0-\o..~~ -~-s. OJ. (')1 v PAl?T,' (1005)1 lawl1: i D v \ PLAN lOR - 2022 I 1005) J. /0/V1- \ 764 ___~ I \ INST 75247 t') .... ct ~ I.......... y> (..... L~ ~ / ,1/<2 ~, w 0 Ol '" -0) '" o I'- Z ......... PART 254 1 1 , PLAN /OR - I ~ -- L.lj / 84 ...... "- 'i ~~_/ _J .0::. ~1: o (:J 0:: <{ '..> ,. l..!J _J -- _..J 0.._ (1) !{) i<'J d5 ~ i<'J (f) 1- , o _J Z LIj I.JJ ~ I- Lu co lu o 2: <..( :> ..... () _J ....J <t C.l <t o 0:: ;7 _.... o I- I (.!) -:? t:._ " 2~ 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 ~..J ~ CD :r: : 2 ~ ~ o !! !::: z ~ ~ () 9 CD lJJ~ >() ~9 lJJ a::CD z L..----'"" I I....... CJ ....J 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 (..) U) W 0:: () I 5 Q LJJ 0:::>- __ CO 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 o I 10 I 20 I 30m I _~N -2l'l _ N 0) N. o t: z I LOT 0"7' I Lor i 60 Lor . ----------i . Q5 -----l . F".OXHUtvr -------i I By PlA' TRA II I IV 10M ~ 't- I I L . RtSE'RvE ~ a:.. 0 (.."'K N820~'co" ,~~8l ~ ~-:-~ ~ SI8.W/T ~-= (/OQi) . -..;:;: SIB ~ llOO5 I ~-@ 6 .00 r ~-i N ~ 0 t:~. rn as:&l Z 0: ... LOi- //v $1: ~':) vc 5628/ ,tiP ~ )a", ~; rT ~" .'" ~-?; ~;> .N71053' E '.... !! II 1 lOO!i) N71053'E 6.00 lB. WIT (IOOIl) 26,00 ..J --,- <t a: 1- I ,,-r L-V/ ~ -;-.. . ~ 55~$~ 8!> z!2r.o!lZ ~-z a: t lB. WIT. . (1005) 26. 00 -"""l 6,00 ~ N71053'E 8S !!!%! z z I-~ Z :-J :.t:>- XCO ~,... J::' ('':) ....)0 z Z 4: .J Cl.. ,- _:J:T "'t ."..., . I r.-- L-I.,) / 59 I /J-- L-l..) / 54 I r:-- L- ,-..I / .~I . ....J . Q. I LOT ..'53 \B (I~ ,.. r" ell , ~ o I I I ~ ~I I ~I ~(..) ~ C:) I ~05 I I I I II I IOM- DARLINGTON C'-! t.() t"), ;\:: ........ \.'J ~J ~--- -- 0, . ~ l'r) (C -:::.. k ..... ~ C> ~J .....J C\: '--'- lj ~ llj ...J ..., Cl ~ I ,....... ~ () (...) ....J '---'- ..S') CC O! ~ 1-': V) I ~.... "- ( .!) \:) LJJ ...J ct q . 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 o I 10 I 20 I 30m I :Y-) c:. i\- (' ~ ..... <.9./ " oJ ~ - <.... L/I''"'' " -;II k ()I ~ >- CJ /';"J ~ h.. .<:: ..J ~ ..... 01 ~ 'iI- := I / /'r, CII. N (tl 0 ~ ~ !:: .r- ~0- / ~ CJ ~ ~ ...... -"6 /'~ ..J C).: (), I ~ C'...} lu ..J Q: ~ 8 ..~ I tt> ,- ,..... C'...) ~~ ~.J I-.: .,~ CI) > ~~ .::: ~ ...---:? ,v ,~ ~ ~ ,\ ,,", J ~~~. I 60"0"'-1 - "0 ~~ I A/860 ~ Sl8 ~' :g r- (/~~ 19'4,40 "..- '-.- ~_: I fD ~1" S ~6eo. . ~ r ~~ Q:: z ~?"/3 ~Oo ~ f9() '9O'Jt t ~ ~.... ~ ~I. ~ f ~ ~ /' ~ ~ ~ !: jl ~lij ~ ~ ~ ~ ~~. , ___ "2l (j I1J ~, .......___ g:, ~!t..J ~ :, 'oJ -........::.. z~ 'C- (j <l. ....... <,6"/0", --.....~ Jt; ~.k.; --~, sl8r ,. . -- ... reo-. ~) ".<~"!o"lt · --~~~A . ,...... -- 'YOl'vc-' A '~ ( ~) CJ f...: -..........:~~ -:.t1~r~ . ..J CI) ...('c-;~,.. .:> . ........... / ~ __ '<:' ''Vr [' ...:>~ ~., --:-..L.. . __ ':2/ "'4,11' . I t. Q 7' ~i(<'r ";,.p ''O,'iI'f;;;. i 2;:'- '~~Y'-- {NOT TO SCAi...E' ""\ I,OlJiT~1 ) 8 IV /~ /~ / ''; ""- 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 \ Y\ (I~ ~ j~ .. VA;~ ~Vv~ /? 7 t.J~ ,1...1 V \ 1 hi I ~' ('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. 5m 0 ~~ 5 , 10 I 15m I II '1,' / ./ ./ / V Z. ,"'6 c. '"'\':).. ~ ",\?" ~ ,-O'f v 7, '. . ,,~ '" <9). U' tn .. 4- r) - o (1 r-' "'V, '?- L.- 0 ,.. - o ~ \ .. z5 --- C) ~ .--- r-, ::0 lID o'll: ......0 ~ ~.~ ..i - lID 81 c.\I o -: ..... Z L07- ..~ , -" <.... = 24 rrl /4fB "_, .., N ., to) to . , ,.. N ~..~ ~, J .. 1 l"r) ~ I .......... CJ -....J --,------ -;!-~-'---- PA R T 6 i~ . ,'it TRANS FER Nfl ~ 700 N710S3'E 29.42 iOR PARr EOU\j(BOROUG H { BY PLAN 7 10M - 8957 LANE ) , , I' IOM- DARLINGTON " I REQUIRE THIS PLAN TO BE OEPOSITED UNDER THElANO 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 MATERIAl.. aASTICMATERtAL - MYLAR GAUGE 00003 INCH ...~ PHOTOGRAPHIC INK SPECIAL 'T' ~j) ~- (:) (") -;., . '1'RANBLAR ......., \ , \ " . ,OLA I.J L.OT f --.-..--..--.-.-.-----....... '-'~-'.- ---.__._~ PLAN OF SURVEY OF fIWtf OFLDTS 19 a 20 t PLAN 10M - 'TOWNSHIP OF . DARLINGTON , II)W in the TOWN. or:: REGIONAL iMUNICIRlLITY SCALE 1400 C..F: FLEISCHMANN. O.L.S.. NEWCASTLE OF DURHAM 1986. 10m h o ',r--!/' 10 , 20m I -n o .... >( . 'R I..., ~ :;: r- - z -r IS .--1!~O' -q, ~ -rP ( ~9.'V" ~ ~ a."~ & ~'\.t.tl~ II' ~,." .0' ~V"...,.. .~~~ ~~~ ,.....~~ .. U' ~JI,~ . TR A IL IOM- , J (' Ld ~ ...J ~, f\"- It ", .......... :s: CJ~ ...: _ .... J (...) ~- ~ RESERVE BLOCK :E .g :'r) ....... r, 0') .C"\ go. .J . ~. "-", ()I < ? .... "t 1 ("" ~ .Q:: r.b' C( () ....... -' " <...T\ %. ~-!I' <fl>N NC) ~=~ E.......~............... = . o. ~ ~\..' O. l*Z..lOO5) "-.. ~ ~ . .~ ..... Q:: ~ I ;..... .(Z) ...J L-J ...V) CC Q! I"::: (r) ...... (~ ljJ rc. 78l I IOM- DARLINGTON . . PLAN IOR..___ I REQUIRE THIS PLAN TO BE DEPOSITED UNDER THE LAND 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 SEARlNGS ARE ASTR()N)MIC AND ARE REFERRED 10 THE N4703Q'20'W OF THE WEST LIMIT OF LOT 19. AS SHOWN ON PLAN IOM- , 'TOWN OF NEWCASTLE, REGIONAL' MUNICIPALllY OF OORHAM STANDARD IRON BARS, SHOWN THUS SIB 16mm sa. IRON BARS, 60 em LONG, SHOWN THUS IB 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 SCALE I: 400 JOB Ni 1- 5760E '. .P~N IMtERlAL flLASTtCtAATERIAL - MYLAR GAUGE 0-003 INCH PROCESS - PHOTOGRAPHIC INK SPECIAL 'T' PLAN OF PART lOWNSHIP OF SURVEY OF LOT 35 t CONCESSION 2 OF DARLING~ , OON in the <F REGIONAL MUNICIPALITY SCALE - I: 1250 C. F: FLEISCHMANN, O.L.S., TOWN NEWCASTLE OF DURHAM 1986. 50m 40 30 20 10 0 I " I ~\m ~. ~ II I Cd~. '~I~ I It> t) ] -.~, .~ ~ r' ~I I.... <" I 1....1 I ~-.:: ~ ~ " ~I ~I .. C':l ....;. h.. <!t ~ 'J' ~ I~ I ~ ~ liJ l!t I ~l~ ~ _.--J K1NGSWOOD DRIVE \ BY ?LAN IOM- ) I (0 ~ I ~ . i t~l' ~ I . 'J . ~ . -1.-1. ~ ,/ / / /' / /,4 ,/ / /' /" / l.OT III T_NSLAR :100-9..81 PART P!....A/V PARCE:" 35 - 3 , NEWCAST:..E COlt/CESS/O,V !So . 18 N n:'3J '.ll)''E 43.54 ~ -~IO -0) 'lit N" 0"" !:;:In Z ~ ~~ 85_ ~ .,~ ..p A~ 518 SIB 16.0g N66053 r "~ +1 (II) (II) wi It) PART ,-i~? 3 lOR 455 ~ =0 <'I -lQ t z SEe nON i:ON. 2 , { {)ARUNGTON J 2 Nn029'4d"E 15.09 SIB WIT. ~ ~/3~--l ~ ~ 100m I 18 ( I1B3) n--------- I~ I~ I'~ I~ Isre LO T 8/ ~ lu . ~~ lo: L_ 1 IOM- PLAN IQR-____ \"01 ~ ~ h... ~ -.....! I REQUIRE THIS PlAN TO fIE DEPOSITED UNDER THE LAND TITLES ACT. RECEIVED AND DEPOSITED ..... " ~ ~ Q.. h: tf) ~ \) ~~ ,.... o o !! z Q ~ ~ '"" ~ ~ ~ <.) DATE_______ DATE~__~___ . 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 1~1 --- / ~I /' J '1'=' ......----- ,//, f l...~ -~~~ ----As .~,/il ."I~~ _ __::'IV"~ c/( T64>,ii/1 +l ~.. '&, -------__- -'5...... ";)1 II ~ Qi 't~~ '''hJ'I~~ "'i \t. >:xrt .. /,ct I ,,~ ~'I " -6>/ ~ BLOC/( 86 -'{:;'<- . t: B I / +-",-0 I~ -...! ~~4 Iz).,,:1 PLAN _!JZ~f~ /6 Il ~l IB (765) 518'''' + (1005) J- IB 11061 FENCE -- 32'42_SIB("~---------1 N7oflO9'20"E 17.10 N 75001 '4Q"E (I) iNST. ,VP 75247 Q: ~ PA,9T / ~ I..... PLA/I! lOt'? - 254 fJ) ..., (,~ "1 ~ ........ J LOT . 84 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., OSHAWA . ltG 4Y6 725-4795, 683-3701 DRAWN BY: J.D.J. CHKD. BY: G. C. F. LAND 3f " . \ \~Jr') ,;/ \' '- (IOR-",l. lET I 21.336 I ~" L'J I >'- 0, I -- ~ a:: t':1 J , I I ~ ~, ,':I ~~ I o ~II i~~' ,~ (QcC k: I .... ~>- I ...- CO I ~-- ~ ~ -~I ~ ~IIOR-'" . SET I ' ~ t::::J==J~ sf' ~J ~l ~f I I I I PLAN MATERIAL PlAST1CMATERIAL -MYLAR GAUGE 0.003 INCH PROCESS - PHOTOGRAPHIC '" INl( SPIECIAl 'T' II I I I I SI8 I (1005) r.J'L () ""'f( I "? I IJ._ V , I I I I I 'jl '11 t1', , t"" il ~ ' ill -../ >C'..) :i() e~ 'till ~...._.._ _..._ ... ... PLAN, OF PART TO\VNSHIP TOWN 5 P .. ..; '~_.L-...LI..a_ - ~---'., I ' I I I) -- L..I..'/ ~ ta JI t: z PARra . f,\' NEWCASTLE 'OF .DURHAM 5 J 10 I 15m I 5' I . --tr~" 8 ~ 4- '5'/. 50 2 37.5) 36. , MRT4 .,164 37. !SO I ~ t' ' ~, ..... I !! 3, 'J: . 2 .~ ': L 0.)-,' . -------- . ~ ", ----- . ~ <' .----- . --- , 1,1 ~ '~18tlOOti) ....J I 0,- I ~ ..... c--.) (J ....J Qj' I lOM- DAR LING TON ~) " ., . PLAN IOR- _~_ 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 "'<'f. i: '0 , . - ~ L/-'f . ~" ~ . Page 2 of SCHEDULE "W 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 , , .. t " "\... 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 . ., - f~ .. ~ ..; ,'It ~\ ,:' , ,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 . \ - " ~ , , . , f' ~ 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 .. g c;-9 . , '~ '" 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 .... . . , . ~ . , 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 ,;. . . <. " ~ .. , . , ~ S-4 (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 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) TITLE: '!l' R. Shewfelt, Senior , Commercial Lending , Sr. Asst. Manager, Commercial Lending ,.... - . ~ ~ .. - l ," .': , '. 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 " J' . . .(~ 1'" r -#' o{p .. 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 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 , I .... I.... .. I. f;. ,J. . \""",. OCT 1 1982 ~ 57 .. , <t - ,I), ..\.. .L.~tl..: U::! ":0 1)-- '1 iv::r~ JF NE~'JCAmE 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. :s:;;;. ~ ~ J. Malcolm Senior Planner Plans Administration Branch ~ :i.-.. ;:" < ...;. i.. .,;;.:';;',:, . ,', : ;~ .." "'_..." .: "t.: .....; 'r ....... .. . I . \' t, . , ) .. ' . ....~ ~..... "I':<'~'-;::)':'. ...... ......: , ': ;:..,:,:~:; f:~.~' ..ot.~.:::."'f!:.i'~..:'~;}.'t;.''':;''~.~1':: .... ''',.: .:;.:""'7~;. " ' <t:w. , 'I. ,..' <~""~. . f\-'. ,\). Ontario Ministry of Housing Plan~,~ ' Admm,,-;r allOn 41G:%~.( 56 Well.sln Street \\.Sl 8th Floor T oron 10, On tdtOO M7A 21<4 ~ 5? .. Division -- .- - ---~-----___ _ .__~fLJ-G - <:> February 6, 1981 n -""- --:--:-: I \~. I . \. .~. . ,,"" . -"-'" .. ,: I .,J Li ...- ;" .~\ ~ ','.: ; ~", 1-0 FEC 1 :' 198! Donevan & Fleischmann Co., Ontario Land Surveyors 11 Ontario. Street Oshawa, Ontario LIG 4Y6 Ltd. I ".,. I', I i " . . '. . ~ ,'c " €: J ... 'r , ',/ ---.- 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. t~~ .~ (" :vo<t: ~~....~.., ~;~~'irlY .at;oll ,.,}~;, I l' ~ ( . . 'l Housing 0 ivision arib ~. .~ i I .' ' ~ It 1: I '.... ~6 ~'Vt'f/t'')II.V Sllt~t~l ~"'f!\' 8th ~ 100' TOI(H110.0fltilri() M7A 2K4 .. ------ ..-.----- ..-.--....- --~,- ---~ -...------ -, - ~~--::.: L ---~7-- ;;----.<- "-. -I ~ January 29, 1981 r-- -. ~ I ':I -_ /1.... ..-~~-.- ~-:-l' j, '. : ''-.....I. FE~; .; }~'?! I . -'.. I I --~~ I I J Ii,. . Lr... -..--- " ~ I 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 '01 , $ 0'9 L._ .lIen t .. 0:' ~ "t ~ . \. ~ tPo (" .~f4 1 ,Ii. ~ ,'~,r 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. \ ! .. ,. -- , \(~-\ f.} \'_, .. 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: "" (a) submitted to and approved by the Ontario Municipal Board, .:1. ;, f., .... r ~ t-l t... ~ u/ ..~ " ; ~'" . . I, ,,,.1 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. <../ (Con t ' d . ) '~ ':~ \'~ " , .. --:.~ ~ .. .... -# ~2- ,,' ; 4'-j~": .. ... r -;.l-"';~ 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. ) 't," "". ~. , (. ". .r .. -'"" \. t, ~ . r ")"',I~; ~ 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. -5S ~ I I I 01 I I .", 5lrr" ~1- .a. ~ \... a' ..... " , ~ .' ~,A't. l · ....' f' . ' 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. '{ 'A" \... "!', "i : .. , All '" ,- . ~. to- " ~,A't,i ~ , .-S:=J- &S- 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. i , I I I I I. I ..... ~ ;. ~~ ~~'t. --5P Gk; T L f! r~ II~ 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 .. ~of ~ Ontario LJOCUmenl ueneuu Form 4 - Land Registration Reform Act, 19~ ' . '.... o ... 9266 (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 ..J z 0 w en :> w () ii: u.~ 0 cr: ~ 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 ~ Y M 0 -- . " -=- , I I .I?~r::..~. .~. ............... ... iJ..~~7 .lo~.Lp , I, E . F. BAS TEDO !!, ! , , I , . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . I . . . .. .. ." . . , , , I : ' I I' . .' , I' . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . t . . .f. . . I .' I .' . .' , I' , I' , I I .. .~~E.GQ~~Q~~~Q~ ~~ J~~. ~P~.Pf.~~~~~~r~~.... 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 Y M 0 r:;;~f.I-;;;~' Cw(,{!~.Of). bw.;i~~ .~ci{i2...:..............f..... ...... .LI.(0.I."t~~.. .~r~0.\p.~~. .Q~ .t1~~~~.E~R-i.....................~..... ...... ~~~~~ ! . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . .. ..................................f..... ...... : 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. LOB lJO ~ Z Registration Fee o w en :> w () ii: u. o cr: o u. I Fees and Tax (15) Document Prepared by: Total Newsome and Gilbert. Limited Form LF 1333 (l/85) .... ~ ,,-' ~.. d , . ~.-::F , THIS AGREEMENT made in 1 9 ~1 . BET WEE N: qui ntupli cate this fl.,;''' day of Jw;r II, " 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 p ... ..-:. 3 - 2 - 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 '.'.4')/ . i /1 Y"/ / ti/ '\ 'tt :. ~ L( I ' _ 3 _ 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 1.7 JJ.. >/~/ //i. /'/_/~/ ; , ~... '.41 3 '\ - 4 - 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 ,,)l - . 1/---- C)!!J '1.- ~ .. , , ~ - 5 - (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 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 (}7/ .[1..'.....' a.' / Ii f l4. -, t - 6 - 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 \\,1}) L _ /, - ( i J' fh 1> " 1. . . - 7 - 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 (~ j; '-" Cj '\ - 8 - 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 .1 iR".~i" ./" /' ,/ ( /'0 I .... ~ - 9 - (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 (;p /l... // / \c/ /' / , ,~ "- f ( " " - 10 - 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 (tJ": .' (,,/ ,./ /. ' /j . fJl/l , l \ , I') '" - 11 - (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. L.R.: 12.5.87 JT I 1 13 ... - 12 - (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 : L.R.: 2.6.87 lr , '. .. If ... - 13 - (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. L.R.: 12.5.87 iff \ I , L5 , ' ~. , PUBLIC WORKS - 14 - 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. L.R.: 12.5.87 Jr flp , I )"' , J -NW- J I J I 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". L.R.: 12.5.87 ~/ n , ) ) , -\)'6--'- " ,(,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. L.R.: 12.5.87 ?J/ Ii - \J/r-'- 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 v? I I " ... /1 ~ -~ 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 ) , . .. , , J-O , ' ../hr - 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 , I , \ d-{ , ' , ' -vltY- 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 /} (.<n /Y;;i ~~ , , , , ?d , , , ' 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 ) ) ) ) ) ) ) ) ) t t1N:rJ ) 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\ I () -9u..-' \ -Pb ree.. Cv'\d e-pf ec-+ " F-. " ' \ d-3 , ' 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 ) ) ) ) ) ) ) ) ) ) THE TOWN OF NEWCASTLE O' L.R.: 12.5.87 Power 01 Attorney refistered on Aug.I/85 as No. L -. lq ~54"\ . .//7.. jj?' , ' , ' 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 KAl.f I: 7." C_. PLIIK......... D.L.I. ..... NEwCASTLE OF DUIIH.... .j /1 iii'.. ""Mell tMOW_ 011 "". "'.. ...., tti IIITMI ... CAlf . COllYI' 0 10 , ~ DMDINt .or o. i!: " ! & II ~ . ~ .. - '"' DF.T"'~l u,.., ru.:.o,,:, w ~ . . . :r " I- ;. ,., ~ ~ 'n . ~ w . <- .. tel" c.. <t ii ~ ~ _~~A::" ~ ,- Z ~J <.' ." /IJ l!': U ~~ :; s: c ,- . w ~ I! . . .::. i.l; ~ f.. ~4., ' _...,..;' "'tL- i .,....SO.O' -;1"\ '.l...... f: ~: 13 t: .~- ~J ll< i "' . ,. . ~ ( t - I <- o . " ;.. 3" :: .' ~: iI' ..: <oc :(W It:':. ~ t % .., \; ;.: ",c UJ. ,- <oc :"7 .._~ .> .~ ~ -e-- ~ ~ .. .: :.Dr .','Ii I ~ Jt PLAN 10M - _u______ 1~.......,...III.....lOIlo.____.~.. III "" ..-......,.".~.. ~ MIMW '"...... ......,., ... 1OftIt.IInLI: ''''IM 101 ___ __ .-CLa* _M.____ or _______, ....___ . ....-"1". _ ~l~ ________ ttr,.._______~~ ~fI :' ~~"_~~~~~- ......-r 11IO'1:. ..... ,. --.. .... -.. - .. ~- - ...... OWNER'S CERTIFICATE ",..... to (1''''''''' nut ..". I n:t M ",II -.c:LUII\rt.a.oc:.' u. .,11' _... ftll "'!lUT -.cu __T ".... ,no<< nIlI'T ........" .......'" ..Ol.. ..-.:. - ,... "I'.~IIII"""'" "OCII' ., ".f _. .... ~ ~f ... llCt..-c, .,.. ~ ,,,.,,.\ItTlOllI 1l."1oI ""I' _. .... I1'ftln .101__ a.. _..aTaO AI .......It "__"I ...n f'fC_...r ., __,"~ ~....... ~.. ........ _Ill'" 'ME L'.Tlll_TIIlf"","" K'" KIIM$IEMT ""OPl"T1U - NOTE : ---.....~_...IIIIn_..... .............. Of' ". "II' "*"" OF "_If ... "'"" fl' ....... _ ...... _~_. 1'0_ ... ...aCAtrU . ........ ~U"._ ..... _."'. ..-tr........ ...... ..... _lIOnt ....,'" ___lIT ., .. ....... ~-.... .... . ....,.. - .. '--'S C!JlTIPlCIoTE 1-.., ,.... , ..........,.... IIlMl _ _n..... .......,. -"'C ..... IIC' .. ... ..... TII\.D ., ... ,.. ......,_ - .........; ............ ..........,..... f'IlI ,...... c, "'__-._ ..,... L'" ......_ IlONf:VAN a fUIllC........N CO, L TD OffI'AfIUO LA" IUltYr'tOltJ II ONTuttO IlftI:lT ~r... TOtNI tiff'" D...... L" "YI N:_.M,.I ..IV.' ....... MI."" .H..... ... .. L" t.. ":." tt...c"-uo ..c....," ..0' . dS ,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) ) ) ) ) ) ) ) tt~4J ) 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 )t- ';).VJ 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: H.~$ /l " ~ 1//;1 rfr ?-~ I , . I 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 ;)G\ 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 ) r--J /l "'/ / '/ 1/ ,lW (/t/ , ' 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 ) ) ) ) ) ) ) ~ ) ) :r 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 '. 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 ~. . , 37 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 ) ) ) ) ) ) ) t ~ ~ KINGSBERRY P ) L.R.: 2.6.87 Power of Attorney registered on Aug. _/85 as No. I 1 1. I~ d.St I l. "-:~;h ~ . If , r 3Cb " 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 .) !r , , , . jC1 . . ,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 ) . ) ;t~~ ) L . R. : 12.5.87 Power of Attorney registered on Aug. "85 as No. _ r.~. IC\ ~5'fl . , *0 . I , . 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 v Jt,I " ,'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 " ) ) ) ) ) ) ) l KJNGSBERRY~ ) JOHN FOLEY ) ) ) Power of Attorney registered on Aug. ./85 as No. ~Jlllll]. IC\ J5tfl . PER: "OJ ;.... 5 L.R.: 12.5.87 ~ (\ \elf AsS; ~ .::kLl'\+ , 4Yl~ ~ , Lb 14 I I 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) ) ) ) ) ) 0 ) ) t iff1AvM ~:::s::::: ~ ) L.R.: 12.5.87 Power of Attorney registered on Aug../85 as No. 111r . 1'\ d~ 41 . y lJ.( / , / / I . , Lf3 . ' . . "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 . \~ J;~l. 13 PER: -h, /' / ;' / ' J(/ . ).. ..... lfY .' ,: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. ~ SIGNED, SEALED AND DELIVERED L.R.: 12.5.87 Power of Attorney registered on Auglt/85 as No. tlJ 1111. \q .;l Sttl, 09./ / I /" {II III I.. .. I LfS 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) ) ) ) ) ) ) ) ) ) ) L.R.: 12.5.87 01 A,/ , , .,' u;/ Power of Attorney registered on Aug.tv85 as No. ~l '-. PER: ''\ dS'tl , · J . L{.~ ..I. I t.l 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) ) ) ) ~ / (; ) ) ) K I NGSBE RRY ~ ~tJ ) L.R.: 12.5.87 THE ROYAL BANK OF CANADA Power of Attorney registered on Aug. ./85 as No. l H!. \'\ t}Jlfl, U\~ f?J . , 47 , , '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 $4,000,000.00 The aforesai d amount is to be paid prior to issuance of the authorization to commence for each respective phase. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affi xed thei r corporate seal s by the hands of thei r proper offi cers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED j NEWCASTLE Ctz L.R.: 12.5.87 Power of Attorney registered on Aug. '/85 as No. ____ 11. \'\ :;5+1 . , . lf~ , . 'THIS SCHEDULE IS SCHEDULE IISII to the Agreement which has been authorized and approved by By-law No. 86-55 of the Corporation of the Town of Newcastle, enacted and passed the 12th day of M~, 1986. MINISTER'S CONDITIONS OF DRAFT PLAN APPROVAL " IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their pr,oper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED) THE CORPORAT N 0 THE TOWN OF NEWCASTLE ) ) ) ) ) ) ) ! KINGSBERRY~ ) JOHN FOLEY ) ) ) L.R.: 12.5.87 ~( Power of Attorney registered on Aug. "185 as No. _ . l'i ~4-1 . PER: Id 01 f'r$'.;{;~lLt ~ "I .\1;?.. -_. _.' -/ -- / / I ' j ./ / U \ I . " .~ ~(rl)) 11 .. . \--.3 .' &J Ministry of Municipal 777 8ey St....t TOf'onto,Onurio , . I . Affairs M5G 2E5 Ontario July 25, 1986 ,-..-. .... .. r: II.. ~ I ,,' ., :~', ~~~ . .~ .> .i *.44 t! ,;.- ,~~0 --, \,,;~l~ ; . ',..' I , Mr. R.C. Annaert D.G. Biddl~ & A~sociates Consulting Engineers 96 King Street Oehawa, Ontario L1H 186 I\UG E~8B Limited , L__ ;,; '.~ f ;"1;';; . r . .... .... ....., ., L___ :-.. .... .:,~:;..;.~_.'F-J '. Subject: Revisions to Minister's Conditions of Draft Approval Owner: Remlark Holdings L~mited Municipality: Town of Newcastle FileNo: 18T-79038 ~.'~'.':'l';~ ~".t~!.~; r i , . ~ I 1 Dear Mr. Annaert: ~...p :,y.,... :4 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: ( Condition 1 is deleted and replaced with: li'1l~;~~ ~:~, "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." ~";T..' ~:'l; * i 'j,~ ZC' ~ ~. :I i .~ . ",' .. ."-.,../ ~~~~,,:~.M :: ~.!< -,}/.~ lj~t~ '",--, ' '. , I ,~. ,-.: ~ ~(r(I) y I' 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". , . t r ,. I , 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 / ~~ i I '$ .:i: ''$ ,;;;:: '."1. f ?j. 0,7. .1. )?/' . , i .];i, i .~:; .~ . . . " " . , . ( \""../ ;.;, r'r.'.,' "':." i;i!:::J.'; ~;. .;~.. L....;...: ." ,. . -. ',,--, ..'~ I;,,' / \, 'J 51 :flu (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." '. 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 ~ ,'~. :~ ;,& ;0;;, 4$ :1 /~l ....~ ~ ;,"J. ';~ .~ i "';,.....t 1* .Ii. ~ .w 'm. n .;;>> ~ ~ fIl/ .1.:10":: V';1 "::0 ~~ J)~ ~ /1Y. Cr y 1 ) " " OCT 1 1982 . . r ' ''-~ Donevan and Fleischmann Ontario Land Surveyors 11 Ontario Street Oshawa, Ontar io' L1G 4Y6 ,(.;'::14 JF rlE~'JCAmE P! :.;i:::r~G DEPARTMENT .::" }j.- Subject: Part of Lot 35, Concession II (Township of Darlington) Town of Newcastle File No. 18T-7~03& 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: \..-.. 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, 1 3. i Condition 23 now refers to condJ.tions 2, 4, 6 and 15 to 1e. 'J All other conditions remain as issued.' The lapsing date remains as J~nuary 29, 1984. ~ \M.o.l~ J. Malcolm Senior Planner Plans Administration Branc~ ''-..,... 'J'.;.' <~~:"~.'_~~l" ...,:..".....' ,'........,.:...,...:...~:,:,"'..... . ',. \. 'f' t. .t- .. . I " 'J' . '. .... ..:.:....,. ..:~...;.:.. " ....... .~,.;. . .:-~....:..;; ..... .......,:. :'" ..~.::..I:.~......,-: ....;. I i I ~ I ::i ~-- jr; , / >/ . .. ... . . J. ". r .. . ~, ~;'.(8\ .,.,......~ Ontario '--..,. \',-/1 5~ ft[(r /' Ministry of Housing PlaI1S~, Adminl,";ration 4 1 G;!)6~./ &6 W~IIUlf\ SII." \\'\1 8'h Floo, TOlon'o.On,."o M7A iK4 Di.i~ion '"",-' --- --'_..--.'_'R___~ ._.. '''_'. ._.,. ---..-----...--. -, ... ,- - ~ n -=J.:.(,~ .2__ February 6, 1981 T..........-. . J . . ~ " '. \ '., . ,,,... "--,' -.. .. .; ~_... L) .-', I "I .....: ..' .' ~ "" 0' .,1 FEn 1 :: 1981 Donevan & Fleischmann Co., Ltd. Ontario Land Surveyors 11 OntariQ Street Oshawa, Ontario LIG 4Y6 I ;:. .... . '. ,.1 --.-..., - " r~~.:', i .~~:' ':.. ,'." '. "i: ,'. .' , .j '--""- '. ;r :.;. 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 . j 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. ,-:r J Yours truly, I~~ 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. i 1.4:- ...."'" I Ij ..~'" 1 0/ !}7 ,), .., , . J' " .7'1 .' of ^dlll/(~.Y ~1")l1 · (,J HOusinD D''''~IOIl . ' :lrio: . '-. .l H., 'fl.:. '... ~'-----_.. ---- --.,.. -_. " ..9_,.. _ ._ ._, . : .~ \.....:7 ~'; \V'OU"''''y S., '~r' \'V..,,' Hlh 1-11)1). r ,'t fin In. Of' I." iu MIA. ;'1(4 ~,. -~/~' 00-'7:-'(; '.-- s--- ,..... -. , rl' I -- ...- ---- -- -. ....--., January 29, 1981 I ,'.... f ~E:,.; i ;:'" . L!:.: .....1'. : I -'-'- -:""~~...:.~ . I r.:, 7 ...... ,-'" " '.~"" I , '.' '. ~ I . I . ~ -.:..:.u 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 "'--~ 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, ~ "-.....--. H. Salonen Planner Community Planning Review Branch '~ ~; ''fl. .~~ i i. ,~ ::~: , J I ~. 'X ;~, ~ $:, ~. :~ .* I (?J;- '-" , -. I !:"";.< '.... }IJ........ $~ i ~_._- :nent tj j I . "--../ " ,'. . , . . , . '-... 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'. . " :I! 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 \,' - . _ \ ,'",..' . "~ ~ . \ 'O., \ 'j . \ ~._- " ',-- 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, v' ,,~ ~ '.;:+ :~ I ~ :* -~ .,,......f. ;&: w. $ ::x ~ :~ ':~ i,',', ~' ~ ';ex ~ .~ :r"/, l/ 55 fiC ~ . '). ..., '--- jb fiCrr . ' . ill . . "'""'~ file No: l8T-79038(Revised) ---------------------------- -------------------------- No. Conditions Continued --------------------------------------------------- ,,"",; ~. or (b) in 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. " 1 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. v" ~ 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. . i ~; ~'- ,I.;,:. -,)' 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. ',,-, 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. ....... (Con t 'd. ) 1 ~ .~ '.'Ol. '* ~. ~ j a :~ :~ :;:y~ :~, ~ ,.~ I I :t :~ ,~ , ~,.---- .." .,..... (11.... ~_ "l , . . :.t '.. .. ~ , ~ '"" ~.I: -:.Y ',-,. , ~:~ J ''--~~ '-- L; 51 (fUr y 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.) ;-.:. .$;, ~~.~ ~r...". '/.,;',; '~ .~ .'tf,;.,' ~~. ;i '2ti I :* ~ ~ 'Zi ~..~ ......" I, .~ .W -, .~. :~ <~ i}?'/... .,....~,... . .'. . . . . . ! / . , t/ .. . ., 10 ". '--- !' . .. r ..- . \....-1 5~ fil; File No: 18'1'-79038 (Revised) No. -- -,- - - - - - - -.- -- ------.- - - - --- - - - -- - ----- ------ ----- Conditions Continued - - --- ------- - -- -'--------- -- -------------------- .. .- 20. Prior to final approval of the plan, the owner shall prepare and submit to Central Lake Ontario Conservation Authority for approval, a stocmwater v management plan for the subject property. 2l. That , a) ., " ;'. b) the subdivision agreement provides for: sediment control off the construction site during the construction period; visual buffering in the form of fence or planting between this development and the adjoining wrecking yard, to the satisfaction of the Ministry of the Environment. , '-...... 22. That before the Minister's final approval is given we are to be advised in writing by the Town of Newcastle how conditions 1 to 16 "ave been satisfied. 2 J . T hat be for e the M i n i s t e r 's fi n a 1 a p pro val i s .g i ve n we are to be advi~ed in writing by the ,Regional. MuniCipality of Durham how conditions 4 and 15 to 18 inclusive have been satisfied. ~;:i J 24. That before the Minist~r's final approval is given '....e are to be advised in writing by the Ministry of Natura 1 ReSources how condi tions 10 and 19 have been satisfied. 25. That before the Minister's final approval is given we are to be advised in writing by theC~ntralL~ke Ontario Conservation Authority how conditions 10, 19 and 20 have been satisfied. 26. That before the Minister's final ,>jpproval is given ....'e are to be advised in writing by the Ministry of the Environment how condition 21 ha$ been satisfied. NOTES: -- \...... 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. P- i ::;.~ :~~ , ~" -~ - . .-.. 7i: ~ ~. ~ I :~; " /K;:x. ( .,:'- / / '. .'. .: ! .,,: /::i . .... .,.". .,,-~,..., . ...'.,'.. . . ..... ., ~.. -.-4 __~ "'_____ .~,..,.....__~ ~., _.~',......~ . 7~~'~- .... '....' . II I l, ~~. ,J . ..;;. . ... \. . ,. '. , \...,/ " '11 '''--. . g '......- --:!', ~ ..~ -'-_/ ,-) 5~ )JtI' 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. " 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. , .. . ~~~~~~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 , 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. :Jt~ i .~; .;& ~ :i: :::r. ..:x: ,~ i I i: ,.1,.,.,.: I. ",1 : '. ;;i i . 'x: .r-, .~--; . l'.l~ ,-' . to ., t .' "-..,./ " ~~ '........' . ~ r 1._. '-.... '--- 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. '. .' '! r~ j'..~ I /o.t,cg$ /,~ ;:>; .f~, -$X ~~: I j7 ,~ W .?!' .~. 'L' i [f; ',,/..,y...,.. '/1 .. i// . (/ (JJ 11(,(1 ~ ..' , .. ), - 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: .. L. R .: 16 . 4 . 86