HomeMy WebLinkAbout86-95THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 86- 95
being a By-law to authorize the entering into of an Agreement with Kalee
Investments Limited and the Corporation of the Town of Newcastle.
The Council of the Corporation of the Town of Newcastle hereby enacts as
follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of
the Corporation of the Town of Newcastle, and seal with the Corporation's se al,
an Agreement between Kalee Investments Limited and the said Corporation dated
the day of 1986, in the form attached hereto as
Schedule "V.
2. THAT Schedule "X" attached hereto forms part of this by-law.
by -LAW read a first time this 14th day of July
BY-LAW read a second time this 14th day of July
BY-LAW read a third time and finally passed this
July 1986
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and Gilbert, Limited April. 1985
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THIS AGREEMENT made in quintuplicate this f !" day of cc,,4e
19 .
B E T W E E N:
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WITNESSETH THAT:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
Hereinafter called the "TOWN" OF THE FIRST PART,
KALEE INVESTMENTS LIMITED
Hereinafter called the "OWNER" OF THE SECOND PART
WHEREAS the lands affected by this Agreement, which are described in Schedule
"A" hereto, are hereinafter called the "Lands" and constitute approximately 12.3
74 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 Regional Municipality
of Durham, hereinafter called the Region for approval of a plan of subdivision
of the Lands;
AND WHEREAS to comply with the Region's conditions for such approval, the Owner
has consented to enter into this Agreement with the Town;
AND WHEREAS the Owner warrants that it has entered, or will enter into an
Agreement with the Regional Municipality of Durham, hereinafter called the
"Region" to satisfy the requirements of the Regional Municipality of Durham,
financial and otherwise;
AND WHEREAS the Owner warrants that it has or will enter into an agreement with
the appropriate Public Utilities Commission or other authority or company having
jurisdiction in the area of the said Lands for the design and installation of
the utilities referred to in Schedule "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.: 29.9.86
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1. DEFINITIONS
In this Agreement:
1.1 "Council" shall mean the Council of the Corporation of the Town of
Newcastle;
1.2 "Director" shall mean the Director of Public Works of the Town of
Newcastle or his designated representative as may be appointed by Council
to act in his place;
1.3 "Treasurer" shall mean the Treasurer of the Corporation of the Town of
Newcastle;
1.4 "Director of Community Services" shall mean the Director of Community
Services of the Corporation of the Town of Newcastle;
1.5 "Director of Planning" shall mean the Director of Planning of the
Corporation of the Town of Newcastle;
1.6 "Solicitor" shall mean the Solicitor of the Corporation of the Town of
Newcastle;
1.7 "Owner" shall include an individual, an association, a partnership or a
corporation and wherever the singular is used herein, it shall be
construed as including the plural.
1.8 "Commissioner" shall mean the Commissioner of Planning for the Regional
Municipality of Durham.
1.9 "Region" shall mean the Regional Municipality of Durham.
1.10 "Town" shall mean Council or any official; designated by Council to
administer the terms of the Agreement.
1.11 "Applicant" shall mean an individual, an association, a partnership or
corporation who applies for the necessary building permits for the lots
or blocks covered by this Agreement.
L.R.: 18.6.86
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2. GENERAL
2.1 CERTIFICATION OF OWNERSHIP
(1) The Owner shall, at the time of the execution of this Agreement, provide
the Town with a letter signed by an Ontario Solicitor and addressed to the Town
certifying as to the title of the said Lands and setting out the names of all
persons having an interest in the said Lands and the nature of their interest.
(2) The Owner shall, at the time of the execution of this Agreement, provide
the Town with a letter signed by an Ontario Solicitor and addressed to the Town
certifying as to the title to any land excluding the said Lands, which is to be
conveyed to the Town or over which easements are to be granted to the Town
pursuant to the terms of thi.s 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 Region. The said plan is attached hereto as
Schedule "B" and is hereinafter called the "Plan". The Owner shall also furnish
to the Town at the time of the execution of this Agreement, one copy of the said
Plan containing the stamp of approval of the Region, and a copy of the
subdivision agreement entered into between the Owner and the Region with respect
to the said Plan if such approval and/or Agreement is in existence at the time
of the execution of this Agreement. If the approval or agreement with the
Region is not available at the time of the execution of this Agreement, the
Owner agrees to provide the Town with the Plan with the stamp of approval of the
Region and a copy of the Subdivision Agreement entered into with the Region,
immediately after approval is granted or the agreement signed. The Owner shall
also furnish to the Town at the time of the execution of this Agreement one copy
of each of the agreements entered into with the Public Utilities Commission or
other authority or company having jurisdiction in the area of the said Lands for
the design and installation of the utilities, or, if such agreement or
agreements are not in existence at the time of the execution of this Agreement,
the Owner agrees to provide the Town with a copy of each such agreement
immediately after such agreement is signed.
2.3 DEDICATION OF EASEMENTS
(1) The Owner shall, at the time of the execution of this Agreement, or such
later date as may be agreed by the Owner and the Town, but not later than the
registration of the Plan, deliver to the Town executed transfers of easements
free and clear of all encumbrances as set out in Schedule "E" hereto.
(2) If, subsequent to the registration of the Plan, but prior to the issuance
of a building permit in respect of a lot or block, further easements are
required for utilities or drainage, or other purposes, in respect of any lot or
block within the Lands, the Owner agrees to transfer to the Town such further
easements upon request. The Town shall not unreasonably request such further
easements, and in no event shall a further easement be requested which would
prevent the erection of a dwelling on any such lot or block.
2.4 DEDICATION OF LANDS
The Owner shall, at the time of the execution of this Agreement, or such later
date as may be agreed by the Owner and the Town, but not later than the
registration of the Plan, deliver to the Town executed deeds of conveyance,
sufficient to vest in the Town, or where applicable, in any other public
authority or person, absolute title in fee simple, free and clear of all liens,
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.: 18.6.86
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2.5 REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS
The aforementioned deeds and grants of easements shall be prepared by the Owner
and registered at the Owner's expense at the same time as the Plan is
registered. In such deeds and grants of easements the registered number of the
Plan shall be left blank and the Owner hereby authorizes the Town to insert such
Plan number after registration of the Plan.
2.6 LANDS FOR SCHOOL PURPOSES AND SECONDARY OPTION - NOT APPLICABLE
(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 'sai d 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:
Mr. W.G. Dallas
R. R. #1
BOWMANVILLE, Ontario
L1C 3K2
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 Region approves a Plan of Subdivision for the said lands which is
substantially different from the Plan attached hereto as Schedule
"B" • or
L.R.: 18.6.86
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(ii ) the Plan of Subdivision is not finally approved by the Region 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
effective if in writing and executed under the seals and hands of the proper
officers of each party.
(3) The parties hereto acknowledge that at the time of the execution of
this Agreement, only a red lined copy of the plan of subdivision is in existence
and all descriptions in this Agreement and the Schedules annexed hereto refer to
the descriptions in the red line plan annexed hereto as Schedule "B". Upon the
final plan of subdivision being approved by the Minister of Housing the final
plan shall be substituted for the red lined plan annexed as Schedule "B" and all
amendments necessary or requisite shall be made to conform with the descriptions
used in this Agreement and the Schedules (and without limiting the generality of
the foregoing, in particular Schedules "B", "E", "F", "G", "N", "O", "P", and
"V) 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 "A" -
Schedule "B" -
Schedule "C" -
Schedule "D" -
Schedule "E" -
Schedule "F" -
Schedule "G -
L.R.: 18.6.86
"Legal description of said Lands"
"Plan of Subdivision for final approval"
"Charges against said Lands"
"Development charges"
"Grants of easements to be dedicated"
"Lands and/or cash to be dedicated"
"Works required"
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Schedule "H" - "Utilities required"
Schedule "I" - "Duties of Owner's Engineer"
Schedule "J" - "Cost Estimates"
Schedule "V - "Insurance Policies required"
Schedule "L" - "Regulations for construction"
Schedule "M" - "Use of said lands"
Schedule " N " - "Lands subject to building restrictions"
Schedule "0" - "Lands requiring site plan"
Schedule "P" - "Oversized and/or External Services"
Schedule "Q" - "Conservation Authority's Works"
Schedule "R" - "Engineering and Inspection Fees"
Schedule "S" - "Region's Conditions of Approval"
2.14 MORTGAGE
The Mortgagee does hereby postpone his mortgage to this Agreement with the
intent that this Agreement shall take effect as though dated, executed and
registered prior to the mortgage and the Mortgagee covenants and agrees that in
the event that he obtains ownership of the said lands by. foreclosure or
otherwise, he shall not use or develop the said lands except inconformity 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
Region that the plan be approved for registration.
L.R.: 18.6.86
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3. FINANCIAL
3.1 PAYMENT OF TAXES
The Owner shall, at the time of the execution of this Agreement, pay all
Municipal taxes outstanding against the said Lands, as set out in Schedule "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.U. 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 "D" hereto. Notwithstanding the provisions of Schedule "D" as
to the times at which the development charges shall be paid, the Owner shall,
prior to the issuance of any building permit in respect of any lot or block, pay
all remaining development charges assessed against -the said lot or block.
3.5 CASH IN LIEU OF LANDS
The Owner agrees that, if the Town agrees to accept cash in lieu of the
dedication by the Owner to the Town of lands for public purposes, other than
highways, the amount of such cash payment shall be as set out in Schedule "F"
hereto. The Owner further agrees to pay to the Town on any such cash payment as
set out in Schedule "F" hereto, at the time of the execution of this'Agreement.
3.6 PERFORMANCE GUARANTEE REQUIRED
(1) The Owner shall, prior to the issuance of any Authorization to Commence
Work, lodge with the Town by cash or by means of an irrevocable letter of credit
issued by a chartered Canadian bank, guaranteeing the performance by the Owner
of the provisions of this Agreement. Such cash or irrevocable letter of credit
shall be in an amount equal to the Works Cost Estimate with respect to the Plan
or stage of the Plan covered by the Authorization to Commence Work.
(2) All documents furnished under this paragraph shall be approved by the
Treasurer of the Town.
(3) The cash or irrevocable letter as provided in subparagraph (1) hereof are
hereinafter collectively referred to as a "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.: 18.6.86
S
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 "V 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 Stage of Road Construction: the greater of two (2) years
from the date of issuance of t e erti ficate of Completion for the
initial stage of road construction or upon the date of issuance of
Certificate of Completion for the final stage of road construction.
(b) Final Stage of Road Construction: one (1) year from the date of the
issuance of Certificate of Completion.for.the. final stage of road
construction.
3.10 USE OF MAINTENANCE GUARANTEE
The Owner agrees that the Town may, at any time, authorize the use of all or any
part of any Maintenance Guarantee if the Owner ' fail s to pay any costs payable by
the Owner to the Town under this Agreement, by the due date of the invoice for
such costs.
3.11 REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE
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.: 18.6.86
C 0
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(2) The Town shall release to the Owner the unused portion of any Maintenance
Guarantee upon fulfillment of Clause (a) and (b) of subparagraph (1) hereof.
3.13 PAYMENT OF MUNICIPAL COSTS
(1) Every provision of this Agreement by which the Owner is obliged in any way
shall be deemed to include the words "at the expense of the Owner" unless the
context otherwise requires.
(2) The Owner shall reimburse the Town for all reasonable legal, planning,
engineering and other technical advice, and administrative expenses actually
incurred for the preparation and registration of this Agreement, and the legal
services contemplated by the terms of this Agreement, which shall include review
of performance guarantee and the preparation.of any release.
(3) The Owner shall have the right to inspect, upon reasonable notice, during
regular business hours, such accounts, invoices, time records and other
documents and calculations of charges for which the Town is seeking
rei mbursement.
(4) The Owner shall pay to the Town for all engineering and inspection costs
in accordance with the provisions of Schedule "R" hereto.
3.14 UNPAID CHARGES
The due date of any sum of money payable herein, unless a shorter time is
specified, shall be thirty (30) days after the date of the invoice. Interest
shall be payable by the Owner to the Town on all sums of money payable herein,
which are not paid on the due dates. The interest penalty charges will be the
same rate as charged on outstanding tax balances.
3.15 OCCUPANCY PERMIT
Prior to the issuance of the first building permit the Owner agrees to lodge
with the Town an irrevocable letter of credit annually renewable and issued by a
chartered Canadian bank in an amount of Seven Thousand and Five Hundred Dollars
($7,500.00) to guarantee that occupancy does not occur in respect of any lot or
block before the issuance of an Occupancy Permit for such lot or block. In the
event that occupancy occurs in respect of any lot or block before the issuance
of an occupancy permit contrary to paragraph 4.8, the Town may draw down said
Letter of Credit by an amount necessary to correct the default relative to
occupancy. In the event of such default, the Owner shall immediately restore
the Letter of Credit for the full amount of Seven Thousand and F.ive Hundred
Dollars ($7,500.00). So that the amount of security deposit on hand with the
Town always equal s Seven Thousand and Fi ve Hundred Dol lars ($7,500.00 ). The
Letter of Credit shall be released to the Owners at such time as the last unit
is ready for occupancy in accordance with the terms of this Agreement or at such
earlier date as agreed in writing by the parties. The Town agrees to permit the
Letter of Credit lodged by the Owner to be substituted, either in whole or in
part, by a Letter of Credit submitted by the builder to whom the Owner has sold
a lot or block with the Plan. The Owner agrees to obtain any such Letter or
Letters of Credit, on behalf of and in favour of the Town, at such time as any
or all of the said lands are sold. The Town further agrees to release
substituted portions of the Owner's Letter of Credit, in respect of occupancy.
L.R.: 18.6.86
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4. PLANNING
4.1 APPROVAL OF TREE PRESERVATION PLAN - NOT APPLICABLE
The Owner shall, prior to the issuance of any Authorization to Commence Works as
provided herein, have received the written approval of the Director of Planning
of a plan of the said Lands, hereinafter called the "Tree Preservation Plan" and
showing thereon:
(1) the location and approximate size of allexisting trees over 30.5 cm. in
circumference at 1.5 m. above the ground; and
(2) the location of all existing trees referred to in subparagraph (1) hereof
intended to be removed during the development of the said Lands.
No work shall be done and no such trees removed until the Tree Preservation Plan
is approved and only then, in accordance with such approved Plan. It is agreed
by the Town that nothing in this paragraph shall prevent the Owner from removing
trees that would otherwise prevent it from carrying out the Works or from
utilizing any lot or block by reason of its inability to site a dwelling on such
lot or block because of such trees.
4.2 USE OF SAID LANDS
The Owner agrees that the said Lands shall not be used for any purpose other
than that set out in Schedule "M" hereto without the prior written consent of
the Town.
4.3 LANDS UNSUITABLE FOR BUILDING
The Owner agrees that the lots and blocks of the Plan which are,set out in
Schedule "N" hereto are unsuitable for building.purposes and that no application
will be made for a building permit for the erection of any structure on any such
lot or block until the conditions outlined in Schedule "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 "0"
shall be made until the Owner has entered into a Site Plan Agreement with the
Town respecting the development of such lot and unless the application for a
building permit complies in all respects with the terms of the said Site Plan
Agreement.
4.5 REQUIREMENTS FOR BUILDING PERMITS
Neither the execution of this Agreement by the Municipality nor the approval by
the Town of the Plan for registration, nor the issuance by the Town of any
Certificate of Acceptance shall be deemed to give any assurance that building
permits when applied for will be issued in respect of any of the said Lands.
The Owner agrees that no application for any building permit in respect of any
of the said Lands shall be made until:
(1) all easements for Utilities or drainage, or other purposes across the
lot or block in respect of which a building permit is proposed to be
issued have been transferred to the Town; and
(2) all the roads which are required to be constructed under this
Agreement to provide access to the proposed building, have been
constructed to at least the completed base course of asphalt, to the
written approval of the Director unless otherwise approved by the
Director. Furthermore, the roadside ditching has been completed with
the exception of topsoil and sodding in accordance with the approved
Engineering Drawings and to the satisfaction of the Director of
Public Works.
L.R.: 18.6.86
- 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) See 4.5(10)
(6) the balance of all Development Levies have been paid in respect of
the lot or block in the Plan for which the building permit is applied
for; and
(7) the Owner has deposited, and maintained in good standing, the Occupancy
Penalty fee as required by paragraph 3.15 of this Agreement; and
(8) if the application for a building permit is in respect of any lot or
block set out in Schedule "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 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.
(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.
(13) the Owner has received the written approval of the Director of Public
Works as required by Paragraphs 4.9(1) and 5.19(2).
(14) 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.
L.R.: 29.9.86
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 four (4) model homes on
the lands, provided that such application is in conformity with the
requisite by-laws of the Town and The Ontario Building Code, 1980,
provided that all building permit fees, occupancy penalty, performance
guarantee and appropriate development levies as provided for in this
Agreement have been paid or provided, and additionally, 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, and that the Owner has received the written
approval of the Director pursuant to Section 5.19(2).
(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 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.
L.R.: 3.10.86
- 12 -
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 permi t authori zi ng the occupancy of any dwel 1 i ng 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
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
(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 "H", have been so constructed, installed and connected to the
written approval of the authorities having jurisdiction over such
Utilities; and
(4) the building has been connected to and is serviced by a water supply and
sewage disposal system to the written approval of the authori ty having
jurisdiction; and
L.R.: 1.10.86
- 13 -
(5 ) the Owner's Engineer has provided the Director with certification being
written confirmation that the lot or block, where such building is
located, conforms to the Grading and Drainage Plan, or has received the
written approval of the Director with respect to any variance to the
Grading and Drainage Plan.
(6) The building has received all final inspections required pursuant to the
Building Act and/or the Plumbing Code.
(7) Notwithstanding the provisions of sub -paragraph (5) of this Clause the
Owner shall be entitled to a temporary Occupancy Permit in the event that
the Owner has not been able to comply with the requirements of
sub -paragraph (5) by reason of seasonal, weather or other conditions
beyond the control of the Owner. Prior to the "Temporary Occupancy" of
said dwelling, confirmation with respect to the compliance with the
provisions of Sub -paragraphs 4.8(1), 4.8(2), 4.8(3), 4.8(4) and 4.8(6) is
to be provided, in writing, by the Owner. Furthermore, the written
certification required in Section 4.8(5) shall be provided to the Town
within one (1 ) year of the .date of "Temporary Occupancy" of sa i d dwel li ng
unit. Failure to comply with the above will result in a reduction of the
Occupancy Deposit Letter of Credit pursuant to the provisions of Paragraph
3.15.
4.9 SPECIAL CONDITIONS
(1) The Owner shall, prior to plan registration, submit to the Ministry of
Environment for approval, a Hydrologist's Report which verifies that an
adequate supply of potable water is available to service the development.
The report should also address any potential for cross -contamination of
wells from septic effluent as well as the possibility for interference of
existing water supplies and the recommended depth of said wells.
(2) The Owner covenants and agrees to satisfy the requirements of the Region
of Durham Health Department in respect of the installation of a drilled
well and septic tank system on each lot.
(3) The Owner covenants and agrees that, in conjunction with the findings of
the Hydrologist Report, as required.in Paragraph 4.9(1), the wells shall
be drilled into the deeper aquifer found at a depth greater than 15 metres
and be properly sealed and grouted to a minimum depth of 10 metres below
ground surface. Furthermore, all wells must be constructed to Ontario
Regulation 612/84 as may be amended or replaced from time to time.
(4) The Owner further agrees to insert, in the Agreement to Purchase* entered
into by the prospective purchaser, the recommended well type (drilled) and
depth as may be specified by the approved Hydrologist's Report.
L.R.: 3.10.86
- 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 "G" 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 Utilities as more particularly referred to in Schedule "H".
5.3 OWNER'S ENGINEER
The Owner shall retain a competent Professional Engineer, registered by the
Association of Professional Engineers of Ontario and hereinafter cal 1 ed the
"Owner's Engineer", to administer this Agreement, whose duties are set out in
Schedule "I" hereto.
5.4 DESIGN OF WORKS
The Owner agrees that the design of all the Works shall comply with the Design
Criteria and Standard Detail Drawings of the Town .. In the event of any dispute
as to such standards or in the event of any, di sp'ute 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 "Grading and Drainage Plan", and showing thereon the
existing drainage pattern on all adjacent lands, all proposed grading and
drainage works for the said Lands, indicating the direction of all surface
drainage, including water from adjacent lands originally flowing through, into
or over the said lands to the municipal storm sewer system or any other outlet
approved by the Director. This Grading and Drainage Plan shall be approved and
signed by the Director prior to the construction of any services or roads on the
said Lands. If no construction of the works is commenced within two (2) years
of the date of approval of the Grading and Drainage Plan, the Grading and
Drainage Plan shall be resubmitted to the Director for reapproval and revision,
if required by the Director and no such work shall be done unless in accordance
with the said revised and reapproved drawings.
5.7 STAGING OF WORKS
If the Owner wishes to construct and install the Works and Utilities in stages,
the Owner shall, prior to the issuance of any Authorization to Commence Work as
hereinafter provided, prepare for the approval of the Director of Public Works,
a plan hereinafter called the "Staging Plan" which divides the Plan into stages
for the construction, installation and maintenance of the Works and Utilities.
L.R.: 18.6.86
- 15 -
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 "Schedule of Works") which sets out the timing sequence
in which the Owner proposes to construct and install all of the Works and
Utilities and, where the installation of the Works and Utilities are to be
staged the Owner shall, prior to the Authorization to Commence Work for each
such stage, receive the written approval of the Director of a Schedule of Works
for such stage. The Owner shall proceed only in accordance with the approved
schedule, except as it may be subsequently amended with the approval of the
Director.
5.9 APPROVAL OF COST ESTIMATE
The Owner agrees that, prior to the issuance of any Authorization to Commence
Work as hereinafter provided, the estimated cost of construction and
installation of all of the Works, hereinafter called the "Works Cost Estimate",
shall be approved by the Director and entered in Schedule "J" hereto. If the
Town has approved a Staging Plan for the said Lands, the Owner further agrees
that the estimated cost of construction and installation of the Works for each
stage, hereinafter called a "Stage Cost Estimate" shall be approved by the
Director and entered in Schedule "J" hereto.
5.10 REQUIREMENTS FUR AUTHORIZATION TO COMMENCE WORKS
The Owner shall not commence the construction or installation of any of.the
Works without the written permission of the Town, hereinafter called an
"Authorization to Commence Works". The Owner shall only .commence those Works
permitted by the Authorization to Commence Works. In 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 Region; and
(2) the Plan has been registered; and
(3) the Owner has delivered a registered copy of this agreement and copies of
the Plans and Agreements as required by paragraph 2.2 of this Agreement; and
(4) the Owner has paid to the Town any outstanding charges against the said
lands required by paragraphs 3.1, 3.2, 3.3 and 3.4 of this Agreement; and
(5) the Owner has conveyed to the Town any easements as required by paragraph
2.3 of this Agreement, and such easements have been registered; and
(6) the Owner has conveyed to the Town any lands and paid any cash as required
by paragraphs 2.4 and 3.5 of this Agreement, and any such conveyance has been
registered; and
(7) the Owner has delivered letters from the appropriate Public Utilities
Commission, or authority or company having jurisdiction, stating that
satisfactory agreements have been entered into for the design and installation
of the Utilities as required by paragraph 5.2 of this Agreement; and
(8) the Owner has appointed an Engineer as required by paragraph 5.3 of this
Agreement; and
(9) the Owner has received the written approval of the Director for the
Engineering Drawings as required by paragraph 5.5 of this Agreement; and
(10) the Owner has received the written approval of the Director of the
landscaping required as part of the Works and more particularly referred to in
Schedule "G"; and
L.R.: 18.6.86
-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) NOT APPLICABLE
(13) the Owner has received the written approval of the Director of Public
Works for the Staging Plan as required by paragraph 5.7 of this Agreement; and
(14) the Owner has received the written approval of the Director for the
Schedule of Works as required by paragraph-5.8 of this Agreement; and
(15) the Owner has received the written approval of the Director for the Works
Cost Estimate and/or Stage Cost Estimate as required by paragraph 5.9 of this
Agreement; and
(16) the Owner has deposited with the Town the Performance Guarantee applying
to that stage of the Plan for which the Owner is seeking such Authorization to
Commence Works as required by paragraph 3.6 of this Agreement and paid all cash
contributions, due to the Town, as required by Schedule "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 Commence Works;
and
(19) the Owner has paid all costs due to the Town for oversizing and external
services as required by paragraph 5.27 of this Agreement; and
(20) the Owner has received the written approval of the Director of Public
Works as required with Paragraph 5.19(2) "damages or relocation of existing
services or neighbouring wells"; and
(21) notwithstanding the above the Owner may commence installation of the work
as referred to in Schedule "G" 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 risk of the Owner. The Owner shall save harmless the
Municipality from any action or cause of action resulting -from the construction
or installation of any of the work as may be undertaken pursuant to this Clause.
5.11 REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT STAGES
If the Town has approved a Staging Plan for the said Lands, the Owner shall
require an Authorization to Commence Works for each stage of the Plan. If the
Town has issued an Authorization to Commence Works for one stage of the Plan, in
addition to any other requirements contained herein, no Authorization to
Commence Works shall be issued for any subsequent stage of the Plan until:
(1 ) the Stage Cost Estimate for such stage has been approved by the Director
and entered in Schedule "J" hereto; and ,
(2) the Owner has deposited with the Town the Performance Guarantee applying
to that stage of the Plan for which the Owner is seeking such Authorization to
Commence Works.
5.12 INSPECTION AND STOP WORK
The contract with any contractor employed by the Owner to construct or install
any of the Works shall provide that employees or agents of the Municipality may,
at any time, inspect the work of such contractor pertaining to the said Lands
and the Director, after consultation with the Owner's Engineer, shall have the
power to stop any such work in the event that, in their opinion, work is being
performed in a manner which may result in a completed i nstal lation 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.: 29.9.86
- 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 carried
out in accordance with the regulations for construction as set out in Schedule
"L" hereto.
5.14 SEQUENCE OF CONSTRUCTION AND INSTALLATION
The Owner shall, upon the issuance of an Authorization to Commence Works,
proceed to construct and install all of the Works continuously and as required
by the approved Schedule of Works.
5.15 COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION
The Owner shall, within two (2) years of the date of the issuance of an
Authorization to Commence Works, complete the construction and installation of
all of the Works authorized in such Authorization to Commence Works with the
exception of the final coat of asphalt, final lot grading, driveway approaches,
sodding and tree planting.
5.16 ADDITIONAL FACILITIES OR WORK REQUIRED
If, in the opinion of the Director, any minor or incidental additional work is
required to provide for the adequate operation and functioning of the Works, the
Owner shall, until the conclusion of the maintenance guarantee period, construct
or install such additional facilities and perform such additional work as the
Town may request from time to time.
5.17 INCOMPLETE OR FAULTY WORK
(1) If, in the opinion of the Director, the Owner is not executing or causing
to be executed the Work required by this Agreement, in such a manner that it
will be completed within the time specified for such completion, or if the said
Work is being improperly done, or if the Owner neglects or abandons the said
Work, or any part of it, before completion, or unreasonably delays the execution
of the same, or if in any other manner the said Work is not being done properly
and promptly in full compliance with the provisions of this Agreement, or in the
event that the Owner neglects or refuses to do over again any Work which may be
rejected by the Director as defective or unsuitable, or if the Owner in any
other manner in the opinion of the Director may default in performance under
this Agreement, then in any such case the Director on the authority of the
Council of the Town may notify the Owner and his surety in writing of such
default or neglect and within ten (10.) clear days after the giving of such
notice or within such further period of time as may be specified in the notice,
the Town Council shall thereupon have full authority and power immediately at
its option to employ a contractor or such workmen as in the opinion of the
Director shall be required for the proper completion of such work at the cost
and expense of the Owner or his surety, or both. In cases of emergency, in the
opinion of the Director, such work may be done without prior notice, but the
Owner shall forthwith be notified. The cost of such work shall be calculated by
the Director, whose decision shall be final. It is understood and agreed that
the total costs shall include a management fee of thirty (30%) percent of a
contractor's charges to the Town (including any charges for overhead and profit)
or, if such work is undertaken by the Town, thirty (30%) percent of all charges
incurred to complete the work, it being hereby declared and agreed that the
assuming by the Owner of the obligations imposed by this clause is one of the
considerations without which the Municipality would not have executed this
Agreement.
(2) In the event that any liens are filed under The Construction Lien Act such
filings shall constitute a default in performance under this agreement, then in
any such case the Director may notify the Owner and his surety in writing of
L.R.: 18.6.86
M
such default and if the Owner fails to satisfy claims of the lien claimant
within ten (10) clear days after the giving of such notice or within such
further period of time as may be specified in the notice, then the Municipal
Council shall thereupon have full authority and power immediately, at its
option, to pay the full amount of the claim and costs into an appropriate court
having jurisdiction and the Municipality shall be authorized to use all or part
of any performance or maintenance guarantee to do so. In the event that the
Municipality draws upon the performance or maintenance guarantee to satisfy the
claims and costs of any lien claimant, the Owner shall forthwith upon notice
from the Director reinstate the performance or, maintenance guarantee to the full
value required under the terms of the agreement.
5.18 ENTRY FOR EMERGENCY REPAIRS
The Owner agrees that, at any time and from time to time, employees or agents of
the Town may enter the said Lands for the purpose of making emergency repairs to
any of the Works. Such entry and repairing shall not be deemed an acceptance of
any of the Works by the Town, nor an assumption by the Town of any li abi li ty i n
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
i nstal 1 ed under thi s Agreement, i n dri veways or so c 1 ose thereto as i n t he
opinion of the Director, will interfere with the use of the.driveway.
(2) The Owner agrees, prior to the commencement of any works upon the lands to
cause to be carried out, at his expense, a ground water monitoring program
around the perimeter of the site. The number, location, and frequency of
observation of the pi ezometri c observation wel 1 s shall be recommended by a
hydrogeologist and approved by the Director of Public Works. The Owner further
agrees to undertake separate reports, to the satisfactiori of the Director of
Public Works, for each and every occurrence of apparent well interference caused
by construction activity within the said lands and reported to the Town.
(3) The Owner agrees to, if the well or private water supply'of any person
outside the Plan is interfered with or dewatered as a result of the construction
or installation of the Works:
(a) where the interference to a well or private water supply is short
term duration (i.e. during the course of dewateri ng and excavation
and within one month.of the completion of dewatering) make available
to the affected party, a temporary supply of water at no cost to the
affected party; or
(b) where the interference to a well or private water supply is of a long
term duration, at the option of the Owner and at his expense, connect
the affected party to the Town water supply system or provide a new
well or private water system so that water supplied to the affected
party shall be of a quality and quantity at least equal to the
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 li ability in connection therewith, nor
a release of the Owner from any of his obligations under this Agreement.
L.R.: 18.6.86
E
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 off Acceptance has been issued for such
road. The Owner shall:
(a) maintain the roads' at all times in a well drained, dust and mud free
condition, fit for all normal vehicular traffic, to the approval of the
Director; and
(b) during the course of installation of the Works and Utilities provide and
maintain safe and adequate access to all occupied buildings.
(2) The Town agrees to snowplow and sand paved subdivision roadways. Until
the roadways are vested in the Town the Owner shall pay one hundred percent
(100`Yo) of the actual cost of snowplowing and sanding such roadways.
(3) The provisions of any work or service by the Town under paragraph 5.18 or
subparagraph (2) of this paragraph, shall not in any way constitute approval or
assumption of the road and the road shall not be deemed to have been assumed
until a Certificate of Acceptance has been issued.
5.22 REQUIREMENTS FOR CERTIFICATE OF COMPLETION
The Owner agrees that the construction and installation of any of the Works
authorized in an Authorization to Commence Works shall not be deemed to be
completed for the purposes of this'Agreement until the Director has provided the
Owner with written confirmation thereof, referred to herein as a "Certificate of
Completion". In addition to any other requirements contained herein; no
Certificate of Completion shall be issued until:
(1) Such of the Works authorized"by the Authorization to Commence Works for
which a Certificate of Completion is required, have been inspected by the
Director, and he is satisfied such Works have been constructed and installed in
accordance with the latest version of the Engineering Drawings approved by the
Director; and
(2) The Town is satisfied that, in respect of the construction and
installation of all of the Works authorized by such Authorization to Commence
Works, there are no outstanding claims relating to such Works.
5.23 PERIOD OF kEQUIRED MAINTENANCE OF WORKS
The Owner shall from the date of the issuance of a Certificate of Completion
maintain all of the Works covered by such Certificate of Completion for a period
as follows:
( a) Initial Stage of Road Construction: the greater of, two (2) years
from the issuance of the Certificate of Completion for the initial
stage of road construction or upon the date of the issuance of the
Certificate of Completion for the final stage of road construction.
(b) Final Stage of Road Construction: one (1) year from the date of the
issuance of Certificate of Comp etion for the final stage of road
construction.
5.24 REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE
The Owner agrees that any of the Works covered by a Certificate of Completion
shall not be accepted, nor deemed to be accepted, for the purpose of this
Agreement, until the Director has provided the Owner with written confirmation
thereof, referred to herein as a "Certificate of Acceptance". In addition to
any other requirements contained herein, no Certificate of Acceptance shall be
L.R.: 18.6.86
-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 •i n which such Works are installed.
5.26 REQUIREMENTS FOR CERTIFICATE OF RELEASE
Upon compliance with subparagraph (1), (2), and (3) hereof, the Town agrees to
provide the Owner with a written release. for the said Lands, referred to herein
as the "Certificate of Release", in a 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 Services") or services outside the limits of the
Plan of Subdivision (hereinafter called "External Services") which are more
particularly set out in Schedule "P" hereto, the Town agrees that upon a
developer of lands outside the Plan of Subdivision connecting to such Oversized
or External 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 proportion of the excess capacity of such Oversized or External
Services which is estimated to be utilized by such developer. The excess
capacity of such Oversized or External Services shall be the capacity of such
services estimated to be available after the Owner has fully developed the
lands. The portion of such Oversized or External Services estimated to be
utilized by a developer of lands outside the Plan of Subdivision shall be
calculated by the Director, whose decision shall be final. In determining the
cost of the Oversized or External Services there shall be added annually from
the first anniversary of the issuing of the Certificate of Completion to the
costs set out in Schedule "P" a sum equal to the interest on the amount of the
unpaid balance from time to time of the cost of the Oversized or External
Services calculated from the date of the issuance of the Certificate of
Completion, at the highest prime lending rate charged during the previous year
by the Bank of Montreal at its main branch in the City of Toronto, plus two
percent (2%).
(2) In the event that payment is required to be made under this paragraph by
the Town before the issuance of a Certificate of Completion, no interest shall
be added to the cost of Oversized or External Services.
L.R.: 18.6.86
- 21 -
a
(3) In the event that payment is required to be made under this paragraph by
the Town before the first anniversary of the issuance of the Certificate of
Completion, interest shall be calculated at the highest prime rate charged by
such bank, plus two percent (2%) from the date of the issuance of the
Certificate of Completion to the date of payment. Interest shall be calculated
on a per diem basis to the date of'payment.
5.28 RESPONSIBILITY OF SUBSEQUENT OWNERS
Even after the issuance' of the Certificate of Release the registered owner of
each lot or block on the Plan shall have the sole responsibility for the
following:
(1) The registered owner shall be responsible for providing and
maintaining adequate drainage of surface waters from such lot or block in
accordance with the approved lot grading and drainage plans referred to in
Paragraph 5.6 herein.
(2) The registered owner of a lot or lots within the Plan, shall be
responsible for compliance with the terms of Paragraph 4.5 "Requirements fo r
Building Permits" of this Agreement if, at the time, a Certificate for Release
is issued, no building permit has been issued for such lot or lots.
(3) The registered owner shall provide an individual drilled well and a
private sanitary waste disposal system to the satisfaction of the Durham Region
Health Unit which well shall satisfy the minimum recommended requirements of the
approved Hydrologist's Report as required by Paragraph 4.9 of this Agreement.
(4) The registered owner shall be responsible for submitting to the Town
of Newcastle, a house siting and grading plan as required in Paragraph 4.5(12)
of this agreement.
(5) The registered owner shall be responsible for applying to the Town of
Newcastle for a driveway entrance including the installation of all necessary
culverts in accordance with the Town of Newcastle Entrance Policy.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
L.R.: 18.6.86
THE CORPORATI,0"FTHE TOWN OF NEWCASTLE
KALEE INVESTMENTS LIMITED
�_4
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and
approved by By-law No. 86-95 of the Corporation of the Town of Newcastle,
enacted and passed the 14th day of July 1986.
LEGAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR that certain parcel of land and premises situated, lying
and being, in the Town of Newcastle, in the Regional Municipality of Durham
being composed of that Part of Lot 19, Concession 8, of the geographic Township
of Darlington designated as Part 1 on Plan 1OR-2271 , registered in the Land
Registry Office for Land Titles Division of Newcastle (No. 10).
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
L.R.: 29.9.86
THE CORPORATIO rOF THE TOWN OF NEWCASTLE
f
�E
�r
MAYOR
CLERK
KALEE INVESTMENTS LIMITED
J_
Lois I. Dlallas, President
W. Graha—Dallas, Secretary/Treasurer
THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and
approved by By-law No. 86-95 of the Corporation of the Town of Newcastle,
enacted and passed the 14th day of July 1986.
PLAN OF SUBDIVISION
(copy of final plan prior to registration)
and
(copy of Plan of Subdivision)
(18T-81013 as draft approved Part Lot 19, Concession 8, 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
L.R.: 29.9.86
THE CORPORATION,,OF THE TOWN OF NEWCASTLE
KALEE INVESTMENTS LIMITED
u
METRIC
.V.CES .,E AND CAM BE CONVERTED TO MET
W DIVI... B, 0. — a I
PLAN OF SUBDIVISION
OF FART OC LOT 19, CONCESSION 8
GEOGRAIHIC TO"'NSHIP OF DARLINGTON
(FORMER COUNTY Cf OURHAW
NOW WfTH�N THE LIMITS OF THE
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
SCALE = I ICOO
MDBROWN, OL.S,1986
OWNER'S CERTIFICATE
I T111 11 TI I'll L111 I T' 1, A. LI
T 1�
KALEE INVESTMENTS LIMITED
El
T.
C)
.11 l D
SURVEYOR'S CERTIFICATE
1, T I LZIT I —A—1
1111AIT 1 1-1*
K* 20
ci
0
0:
PLAN OF SURVEY
OF PART OF LOT 19 , CONCESSION 8 , GEOGRAPHIC
TOWNSHIP OF DARLINGTON, NOW WITHIN THE LIMITS OF THE
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
SCALE,: I - 1500
M.D. BROWN , O.L.S.
1986
SURVEYOR'S CERTIFICATE
CERTIFY THAT :
i. THIS SURVEY ANDPLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEY'S ACT AND
THE LAND TITLES ACT AND THE REGULATIONS MADE THEREUNDER.
1. THE SURVEY WAS COMPLETED ON THE ITTH DAY OF aWARY 1996.
JANIJARY 20, 1986 •A & ORO"
ONTARIO LAND SURVEYOR
BEARING REFERENCE
THE &E 4006 OF THE EASTERLY LIMIT OF LOT 19 , CONCESSION 8,
SHOWN AS NIS-17'30"WfASTRONOMICI ON PLAN OR-2175
GOVERNS ALL SEARING$ SHOWN HEREON.
-¢' otworrs mmm*wAnoN PLAmno
+ Demorts vmwwrArwm mum
sts, DENOTES STANOW IRO BAR, 25mm. SQUARE, 122 m. LONG
UENIDT" ROUND STANDARD INOR SAR.25-014L.122M LONG
1A. DOOM MIXING IRON 80 , 19— CIA, Of — LOW
,.00., GERMS DORIEVAN IS RMSCHMANK CO. I.M. O.L.S.
tlioAt DENOTES M.D. GROWN, O. L S.
METRIC: DISTANCES SHOWN ON THIS PLAN
ARE IN METRES AND CAN BE CONVERTED
TO FEET BY DIVIDING BY 0.3048.
CAUTION: THIS PLAN IS NOT A PLAN OF
SUBDIVISION WITHIN THE MEANING
OF THE PLANNING ACT.
■
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and
approved by By-law No. 86-95 of the Corporation of the Town of Newcastle,
enacted and passed the 14th day of July 1986.
CHARGES AGAINST SAID LANDS
(1) MUNICIPAL TAXES
(2) LOCAL IMPROVEMENT'CHARGES
(3) DkAINAGE CHARGES
(paid upon execution, where applicable)
(paid upon execution, where applicable)
(paid upon execution, where applicable)
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
L.R.: 29.9.86
THE CORPORATJQN ,OF, THE TOWN OF NEWCASTLE
KALEE INVESTMENTS LIMITED
V� �
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been authorized and
approved by By-law No. 86-95 of the Corporation of the Town of Newcastle,
enacted and passed the 14th day of July 1986.
DEVELOPMENT CHARGES
The owner shall pay to the Town development charges in the amount of $16,250.00
(calculated at the rate of $625.00 for each dwelling unit) and fire protection
charges in the amount of $14,430.00 (calculated at the rate of $555.00 for each
dwelling unit) which shall be paid as follows:
The total amount of the development charges and fire portection charges for the
Plan, or a particular stage of the Plan, shall be calculated by multiplying the
total number of units in the particular stage of the Plan for which building
permits are being'sought by the development charge per dwelling unit and fire
protection charge per dwelling unit in effect at that time. Development charges
and fire protection charges shall be payable in respect of each stage of the
Plan as follows:
- 25% of the total amount ($7,670.00) of the development charges and fire
protection charges due prior to issuance of the first building permit;
25% of the total development charge and fire protection charges due, prior
to issuance of the building permit in respect of the dwel li ng unit representing
twenty-five percent of the total number of units (7th permit) or upon the first
anniversary of the issuance of the first building permit, whichever occurs
first;
25% of the total development charge and fire protection charges prior to
issuance of the building permit in respect of the dwelling unit representing
fifty percent of the total number of units (14th permit) or upon the second
anniversary of the issuance of the first building permit, whichever occurs
first;
- 25% of the total development charge and fire protection charges prior to
issuance of the building permit in respect of the dwelling unit representing
seventy-five percent of the total number of units (21st permit) within the
particular stage of the Plan, or upon the third'anniversary of the issuance of
the first building permit, whichever occurs first;
For the purposes of this Schedule and the Agreement development charges actually
paid to the Town shall be applied in the first instance on a pro-rata basis
against all lots or blocks within the Plan upon which it'is contemplated by this
Agreement that residences shall be built but, upon the issuance of the first
building permit and thereafter, the development charges shall be first applied
in full satisfaction of the development charges owing on the lots or blocks in
respect of which the building permits have been issued and the balance of any
development charges actually paid to the Town (if any) shall be applied on a
pro-rata basis against all lots or blocks within the Plan upon which it is
contemplated by this Agreement that residences shall be built but for which no
building permit has been issued.
L.R.: 29.9.86
36
Schedule "D"
- 2 -
For the purposes of this Schedule and the Agreement the number of building
permits issued shall be the aggregate of all building permits issued with
respect to any lot or block within the Plan whether issued to the Owner or any
other person.
The Town shall review the schedule of development charges annually and may
adjust the amount of the development charges herein in accordance therewith.
The Owner hereby acknowledges and agrees to such annual adjustment and further
agrees that such adjusted development charges shall be applicable to all lots or
blocks within the'Plan for which development charges remain due.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
L.R.: 29.9.86
THE CORPORAT UNOF THE TOWN OF NEWCASTLE
f f�
�,
KALEE INVESTMENTS LIMITED
THIS SCHEDULE IS SCHEDULE E to the Agreement which has been authorized and
approved by By-law No. 86-95 of the Corporation of the Town of Newcastle,
enacted and passed the 14th day of July 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)
1) Part 1 and 2 on 1OR
(Part 1 being between Lots15'& 16; Part 2 being between Lots 18 and 19)
2) Part 1 on 1OR
(Part 1 being to the east of Lot 26)
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.: 29.9.86
THE CURPORAT 9F�fTHE, TOWN OF NEWCASTLE
VM1
w` CLERK
KALEE INVESTMENTS LIMITED
z Yy
METRIC
DISTANCES SHOWN ON THIS
PLAN ARE IN METRES AND
CAN BE CONVERTED TO FEET
BY DIVIDING BY 0.304 8
10 T ;9
L OX C s"ON 8
N 71-42'30"E
6-: _ --. 762 r°az :'e +:a
- z -
�m
IV
O to ro
I 0 0
a
`�;m'Rmo' sie _
Se e ►
�� R=245O -
• �,; bx °> A A = 6.476 sa •.E E �e
�4H'6.456
N63°3p'4i'�
c IR C O u R
M
" a
ry
�ry
m
kr Q. _
�a 20
s:a
0
z
zL`
J r l
6 0'y C,'E 5 E; JIV 8
PLAN OF SURVEY
CF PART CF LOTS 15 AND 18 ,PLAN ICM -
GEOGRAPHIC TOWNSHIP CF DARLINGTON
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
SCALE I:1000
M. D. BROWN, O.L.S.,1986
10 , 0 10 . 30 40 50 10 METRES
SURVEYOR'S CERTIFICATE
I CERTIFY THAT:
I. THIS SURVEY AND PLAN ARE CORRECTAlD IN ACCORDANCE WITH THE SURVEY'S ACT
ANOT4E LAND TITLES ACT AND THE REGULATIONS MADE THEREUNDER.
2. THE SURVEY WAS COMPLETED ON THE DAY OF AUGUST, INS.
M. D. BROWN
ONTARIO LAND SURVEYOR
BEARING REFERENCE
THE BEARING OF THE NORTH LIMIT OF LOTS 15,16 AND
17, SHOWN AS N71042'30"E (ASTRONOMIC)ON RAN
IOM- , GOVERNS ALL BEARINGS SHOWN HEREON.
-lMi- DENOTES MONUMENTATION RANTED
+ DENOTES MONUMENTATION FOUND, NUMBERED 'nos' UhA_ESS OTHERWISE
DESIGNATED
$14 DENOTES STANDARD IRON BAR
to DENOTES IRON BAR, 16 mm SQUARE , 610 mm LONG
WIT DENOTES WITNESS
"005) DENOTES DONEVAN 8 FLEISCHMANN CO. LTD. O.L.S.
CAUTION: THIS PLAN IS NOTA PLAN OF
SUBDIVISION WITHIN THE MEANING
OF THE PLANNING ACT,
31
T
i
i
ai
2\
2
E
sye
;A'ST
Se
Ala !,94 95
0
METRIC
DISTANCES SHOWN ON THIS
PLAN ARE IN METRES AND
CAN BE CONVERTED TO FEET
BY DIVIDING BY 0.3048
I
R : 6000
A : 8.029
C - 8.023
N 76° 26' 00
.IT
E
-.L'T
—
26
ppPLM1N
O
uco
O
3 v'
CD
I
Si@
`l
1g 00 isso az
ric C'`' H^
PLAN OF SURVEY
OF PART OF LOT 26, PLAN IOM -
GEOGRAPHIC TOWNSHIP OF DARLINGTON
NOW WITHIN THE LIMITS OF THE
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
SCALE 1 500
M. D. BROWN O.L.S.
1986
0 20 3J nOm
SURVEYOR'S CERTIFICATE
I CERTIFY THAT:
1, THIS SIRVEYAND PLAN ARECORAIrr AND IN ACCORb{NCE WITH THE SURVEYS ACT
AND THE LAND TITLES ACT AND THE REGULATIONS MADE THEREUNDER.
2. THE SURVEY WAS COMPLETED ON THE DAY OF AUGUST, 1986.
M. M BROWN
ONTARIO LAND SURVEYOR
BEARING REFERENCE
THE BEARING OF THE EAST LIMIT OF LOT 26, SHOWN AS N I7° 5/3-O���Q" W
(ASTRONOMIC) ON PLAN 10-M , GOVERNS ALL BEARINGS SHOWN
HEREON.
+ DENOTES MONUMENTATION PLANTED
-+- DENOTES MCNUMENTATION FDUTA ALL NUMBERED '110
112 DENOTES STANDARD IRON BAR,
Ia DENOTES IRON BAR, 16mm SQ., 610 mm LONG
"s DENOTES ROUND STANDARD RON BAR, 25 mm
WIT DENOTES WITNESS
CAUTION: THIS PLAN IS NOT PLAN OF
SUBDIVISION WITHIN THE MEANING
OF THE PLANNING ACT,
7Y
THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been authorized and
approved by By-law No. 86-95 of the Corporation of the Town of Newcastle,
enacted and passed the 14th day of Juyly 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:
(i) Block 28 (Block "B" on Plan 18T-81013)....... 0.3 Metre Reserve
(ii) Block 27 (Block "A" on Plan 18T-81013)....... Road Widening
(2) CASH IN LIEU OF LANDS
The Owner shall pay to the Town, as cash in lieu of the dedication by the
Owner to the Town of lands for public purposes, the amount of five percent
(5%) of the market value of the said lands agreed upon as five percent
(5%) of $300,000.00, being $15,000.00, upon the execution of this
Agreement.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
L.R.: 29.9.86
THE CORPORAT 10F,THE TOWN OF NEWCASTLE
=1Izw' _�
KALEE INVESTMENTS LIMITED
THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized and
approved by By-law No. 86-95 of the Corporation of the Town of Newcastle,
enacted and passed the 14th day of July 1986.
WORKS REQUIRED
I. STORM SEWER SYSTEM
The Owner shall construct, install, supervise and maintain a storm drainage
system, satisfactory to the Town, for the removal of upstream storm water and
storm water originating within the said lands, including culverts, open ditches,
storm outfalls and any other appurtenances as may be required in accordance with
the Town of Newcastle's Design Criteria and Standard Drawings.
The Owner agrees to produce Engineering Drawings for the storm drainage system,
to the satisfaction of the Director of Public Works.
The Owner agrees to obtain any easements required external to the said lands, at
no expense to the Municipality for the disposal of storm water from the said
lands.
2. ROADWAYS
The Owner shall construct and install the following services on the various
streets, shown on the Plan as follows: -
(a) pavement widths to be applied to the following streets:- 6.70 metres
(b) The grading and paving of all streets, including the installation of
Granular "A" and Granular "B" material to provide: -a .proper base for paving,
shall be as per the Town of Newcastle.-Desi-gh C•ri teri a &'Standard Drawings.
(c) NOT APPLICABLE 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) NOT APPLICABLE The Owner shall construct, install and maintain
complete sidewalks in accordance with the Town of Newcastle's Design
Criteria and Standard Drawings, on the following locations:-
(e) NOT APPLICABLE The Owner agrees to the grading and paving of all
driveways between the curbs and sidewalks, in accordance with the Town of
Newcastle's Design Criteria and Standard Drawings. The grading and paving
of all driveways between the curbs and sidewalks, where sidewalks are
installed, and in all other cases, the grading and gravelling of the
driveway between the curbs and the lot lines.
(f) The Owner agrees to construct, install, energize and maintain Street
Lighting, in accordance with the Town's specifications, on all streets to
the satisfaction of the Director of Public Works.
(g) The Owner agrees to the topsoi li ng and sodding of the boulevards (ditches)
between the shoulders and the property line, as according to the Town of
Newcastle's Design Criteria and Standard Drawings to the satisfaction of
the Director of Public Works.
L.R.: 29.9.86
Schedule "G"
- 2 -
(h) The Owner agrees to supply, install and maintain traffic signs and
permanent street -name signs, in accordance with the Town's Design Criteria
and Standard Drawings and to the satisfaction of the Director of Public
Works. -
(i) The Owner shall provide, plant and maintain, under the supervision of a
qualified nurseryman or horticulturist ( and guarantee for one year from
date of planting)'one tree on each lot, as per the Landscaping Plan and in
accordance with the Town of Newcastle's Design Criteria and as approved by
the Director of Public Works. Tree species to be to the satisfaction of
the Director, and 2 to 2.5 metres in height and 3 cm. in caliper, staked
and bagged as necessary.
3. PEDESTRIAN WALKWAYS NOT APPLICABLE
The Owner agrees to construct, install and maintain completed pedestrian
walkways, including all appurtenant fencing and lighting, in accordance with
Engineering Drawings to be approved by the Director of Public Works, and shall
be:
(i) paved or concrete from edge to edge;
(ii) properly drained;
(iii) fenced and screened;'
(iv) extended to the curb of any intersecting streets and provide appropriate
curb cuts at these locations.
4. TEMPORARY TURNING CIRCLES
The Owner shall provide and grant to the Town any turni-ng•-circle(s) required by
the conditions of draft plan approval in accordance with the .Town's Standard
Drawings, and construct and maintain such turning circles in accordance with the
Town's Design Criteria and Standards Drawings, approved by the Director of
Public Works. Such temporary turning circle shall be shown on the final plans
as a block and shall be held by the Town until the extension of the street at
which time the block shall be conveyed without charge to the owners of the
abutting lots.
5. CONSERVATION WORKS
In addition to the work required by the Schedule "Q", the Owner shall construct,
install and maintain certain conservation works within this Plan, such as
retaining walls, drainage channels and watercourse channelization works,
including all appurtenant fences and all other apparatus, in accordance with the
Engineering Drawings approved by the Director of Public Works.
6. LOT GRADING
The Owner agrees to rough -grade all blocks and parks, according to the Tree
Preservation Plan and the Lot Grading Plan, to the satisfaction of the Director
of Public Works and in the case of parks, to the satisfaction of the Director of
Community Services.
7. FENCING 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 i ) walkways;
(iii) park or open space blocks.
L.R.: 18.6.86
T/
Schedule G - - 3 _
8. EXTERNAL WORKS
The Owner agrees to pay one-half of the cost of upgrading of Old Scugog Road
abutting his lands. The upgrading program will include:
(a) (i) Installation of future course of asphalt to a width equal to existing
and shoulder grading.
This contribution is set out in Schedule "J" of said Agreement.
TOTAL $6,453.41 - To be paid upon execution of
(This amount represents (Yk cost) Agreement
(b) All work to be completed to the Town of Newcastle's Design Criteria and
Standard Drawings and as per the Engineering Drawings approved by the
Director of Public Works.
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.: 29.9.86
THE CORPORAT
E TOWN OF NEWCASTLE
KALEE INVESTMENTS LIMITED
N�
r
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been authorized and
approved by By-law No. 86-95 of the Corporation of the Town of Newcastle,
enacted and passed the 14th day of July 1986.
UTILITIES AND SERVICES REQUIRED
1. ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for
the design, provision and installation of an electrical supply system to serve
the lands, in the locations as approved by the Director. All electrical
services are to be installed underground.
The Owner shall also make any necessary arrangements with any T.V. Cable Campany
in order that the "installation of any such system shall take place so far as
possible contemporaneously with the installation of other services so as to
cause minimum disruption of municipal services.
2. STREET LIGHTING SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for
for the design, provision and installation of a complete street lighting system
to serve the said Lands on behalf of the Town in whose ownership the system
shall vest upon acceptance of the works including all appurtenant apparatus and
equipment, in the locations as approved by the Director. The Owner shall
furnish written evidence satisfactory to the Director that such arrangements
have been made prior to the issuance of any Authorization to Commence Works.
3. TELEPHONE SYSTEM
The Owner shall arrange with Community Telephone Limited and/or Bell Canada for
the design provision and installation of a telephone system to serve the said
Lands, as approved by the Director. All telephone services are, to be installed
underground.
4. GAS SUPPLY SYSTEM NOT APPLICABLE
The Owner shall arrange with an appropriate gas company for the design,
provision and installation of a complete gas supply system to serve the said
Lands, including gas mains, and all appurtenant manholes, laterals, service
connections, apparatus and equipment in the locations as approved by the
Director.
5. CABLE TELEVISION NOT APPLICABLE
The Owner shall arrange with the Cable Television Company having authority to
provide its services within the area of the Plan.of Subdivision for the design,
provision and installation of a complete cable television distribution system to
serve the said Lands. All cable television services are to be installed
underground.
6. MAIL DISTRIBUTION SYSTEM
The Owner shall arrange with Canada Post
mail distribution system to service the
by the Director.
L.R.: 29.9.86
for the provision and installation of a
said lands, in the location as approved
Page 2 of SCHEDULE uH"
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.: 18.6.86
THE CORPORATION QF„ THE TOWN OF NEWCASTLE
KALEE INVESTMENTS LIMITED
THIS SCHEDULE 15 SCHEDULE "I" to the Agreement which has been authorized and
approved by By -law -No. 86-95 of the Corporation of the Town of Newcastle,
enacted and passed the 14th day of July 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
Schedule of Work;
(d)
the
Staging Plan;
(e)
the
Works Cost Estimate; and
(f)
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 required, restaking; and
(b) inspect the construction and installation to ensure that all work is being
performed in accordance with the contract doucment's; and
(c) arrange for or carry out all necessary field testing of materials and
equipment installed or proposed to be installed at the request of the
Director; and `
(d) provide co-ordination and scheduling of the construction and installation
in accordance with the timing provision contained herein and the
requirements of the Director; and
(e) investigate and report to the Director any unusual circumstances which may
arise during the construction and installation; and
(f) obtain field information, during and upon completion of the construction
and installation, required to modify the Engineering Drawings to produce
the As -constructed drawings.
4. MAINTAIN RECORDS
The Owner's Engineer shall maintain all
and installation.
5. PROVIDE PROGRESS REPORTS
records pertaining to the construction
The Owner's Engineer shall provide the Director with reports on the progress of
the construction and installation on a monthly basis, or at such other interval
as approved by the Director.
L.R.: 29.9.86
v1
Schedule I - 2 -
6. PREPARE AS CONSTRUCTED DRAWINGS
the Owner's Engineer shall prepare the As -constructed Drawings for the approval
of the Director.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
L.K.: 18.6.86
THE CORPORATION F/ THE TOWN OF NEWCASTLE
KALEE INVESTMENTS LIMITED
THIS SCHEDULE IS SCHEDULE "J" to
the
Agreement which
has been authorized and
approved by By-law No. 86-95
of
the Corporation
of the Town of Newcastle,
enacted and passed this 14th
day
of July
1986.
COST ESTIMATES
1) ESTIMATED COST OF WORKS
STORM SEWERS (including pipes, manholes, catchbasins and
connections, headwalls and appurtenances) $ 10,000.00
ROADS (including final grading, Granular bases,
asphalting, sodding and boulevards)$202,900.00
ROUGH GRADING $ 35,500.00
STREET LIGHTING $ 20,000.00
ENGINEERING & CONTINGENCIES (10%) $ 26,850.00
TOTAL ESTIMATED COST OF SERVICES $295,350.00
2) CASH CONTRIBUTION
Upgrading Old Scugog Road as per Schedule "G" $ 6,453.42
To be paid at execution of Agreement - (represents Owners % contri ution
The Performance Guarantee has been based on Preliminary Estimates only,
and, when the final Engineering Drawings have been approved by the Director of
Public Works, a revised Cost Estimate of the Works; Underground Hydro,
Engineering and Contingencies shall be prepared by'the Owner's Engineer and
submitted to the Director of Public Works for his approval. This revised Cost
Estimate shall be used as a basis to adjust the Performance Guarantee, if the
Estimate increases or decreases.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
L.R.: 29.9.86
THE CORPORATI—N� SHE TOWN OF NEWCASTLE
_.. MA10
CLERK
KALEE INVESTMENTS LIMITED
THIS SCHEDULE IS SCHEDULE "V to the Agreement which has been authorized and
approved by By-law No. 86-95 of the Corporation of the Town of Newcastle,
enacted and passed this 14th day of July 1986.
INSURANCE POLICIES REQUIRED
I. TYPES OF COVERAGE REQUIRED
The Owner shall obtain and maintain insurance of the character commonly referred
to as public liability and property damage with an insurance company approved by
the Municipal Teasurer and duly authorized by law to underwrite such insurance.
Such policy or policies of insurance shall indemnify the Town against all
damages or claims for damages for:
(a) any loss or damage that shall or may happen to any of the Works or any of
the Utilities or to any part.or parts thereof respectively; and
(b) any loss or damage that shall or may happen to any of the materials or any
of the equipment or any other things used to construct or install any of
the Works or any of the Utilities or any part or parts thereof
respectively; and
(c) any injury to any person or persons including workmen employed on the said
Lands and the public; and
(d) any loss or damage that shall or may result from the storage, use or
handling of explosives; and
(e) any loss or damage that shall or may -result from the drainage of surface
waters on or from the said Lands; and
(f) any loss or damage that shall or may result from the disposal of effluent
from any sewage disposal works; and
(g) any loss or damage that shall or may happen to any public road or to any
other property of the Town or to the property of any other person either
directly or indirectly by reason of the Owner undertaking the development
of the said Lands together with any or all of the Works and Utilities
pertaining thereto.
2. AMOUNTS OF COVERAGE REQUIRED
Policy or policies of insurance shall be issued jointly in the names of the
Owner and the Town and shall provide the following minimum coverages:
(a) $1,000,000.00 for loss or damage resulting from bodily injury to, or death
of any one person; and
(b) $2,000,000.00 for loss or damage resulting from bodily injury to, or death
of, two or more persons arising out of the same accident; and
(c) $1,000,000.00 for any one 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.: 29.9.86
Page 2 of Schedule "K"
q�
(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.: 29.9.86
THE CORPORAT`IW,,�OF, THE TOWN OF NEWCASTLE
KALE E INVESTMENTS LIMITED
THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been authorized and
approved by By-law No. 86-95 of the Corporation of the Town of Newcastle,
enacted and passed this 14th day of July 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 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 this 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 untravelled
portion of any public road allowance without the prior written approval of the
authority having jurisdiction over such public road allowance.
7. MAINTENANCE OF INTERNAL ROADS
The Owner shall, prior to the placement of the base course of asphalt on any
road required to be constructed under this Agreement, remove any contamination
of the granular base course and repair and replace such base course, where
necessary, to the approval of the Director, in order that the construction of
such road shall not have suffered due to any use of the granular base course as
a temporary road.
Similarly, the Owner shall, prior to the placement of the surface of asphalt on
any road required to be constructed under this Agreement, clean the base course
of asphalt and repair and replace such base course where necessary.
L.R.: 29.9.86
Page 2 of Schedule "L"
8. WEED AND RAT CONTROL
After the commencement of construction the Owner shall institute upon the Lands
a program of weed and rat control to the satisfaction of the Director.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
L.K.: 29.9.86
THE CORPORATION, OF ;THE TOWN OF NEWCASTLE
KALEE INVESTMENTS LIMITED
THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been authorized and
approved by By-law No. 86-95 of the Corporation of the Town of Newcastle,
enacted and passed this 14th day of July 1986.
USE OF SAID LANDS
The Owner agrees that the said lands shall not be used for any purpose other
than as set out in the following table:
LOT OR BLOCK NUMBER
Lots 1 - 26 (inclusive)
.4
LAND USE
26 single family detached
dwellings in accordance with
By-law 84-63, as amended from
time to time.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
L.R.: 29.9.86
THE CORPORATIOV OF THE TOWN OF NEWCASTLE
KALEE INVESTMENTS LIMITED
THIS SCHEDULE IS SCHEDULE N to the Agreement which has been authorized and
approved by By-law No. 86-95 of the Corporation of the Town of Newcastle,
enacted and passed this 14th day of July 1986.
LANDS UNSUITABLE FOR BUILDING
The Owner agrees that no application will be made for a Building Permit for the
erection of any structure on any of the said lands listed in the following
table, until the conditions listed in the following table have been satisfied to
the approval of the Directors of Planning and Public Works and/or any other
Authorities having jurisdiction.
LOT OR BLOCK NUMBER
Lots 15, 16, 18, 19 and 26
CONDITIONS TO BE SATISFIED
Easements are to be registered and
conveyed to the Town of Newcastle.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
L.R.: 29.9.86
THE CORPORATE OF THE TOWN OF NEWCASTLE
I
KALEE INVESTMENTS LIMITED
�9
THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and
approved by By-law No. 85-96 of the Corporation of the Town of Newcastle,
enacted and passed this 14th day of July 1986.
LANDS REQUIRING SITE PLAN APPROVAL
The Owner agrees that no application will be made for a Building Permit for the
erection of any structure on any of the lands listed in the following table
until a site plan agreement has been entered into with the Town and the building
permit complies in all respects with the terms of the site plan agreement.
LOT OR BLOCK NUMBER
-NIL-
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
L.R.: 29.9.86
THE CORPORA Ur`z`THE TOWN OF NEWCASTLE
RF MAYOR
CLE RK
KALEE INVESTMENTS LIMITED
,- /
THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been authorized and
approved by By-law No. 86-95 of the Corporation of the Town of Newcastle,
enacted and passed this 14th day of July 1986.
OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED
AND/OR EXTERNAL C
I. EXTERNAL ROAD SYSTEMS: NOT APPLICABLE
The Town endeavours to collect from the developers of the lands abutting 0, 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
engineering 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 "G" (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 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' & 'J' 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.: 29.9.86
THE CURPORATF THE TOWN OF NEWCASTLE
MAYOR
f
r' x�
{'CLERK
KALEE INVESTMENTS LIMITED
t }
Ste%
E
THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been authorized and
approved by By-law'No. 86-95 of the Corporation of the Town of Newcastle,
enacted and passed this 14th day of July 1986.
CONSERVATION AUTHORITY'S WORKS
(1) Prior to the initiation of grading and prior to the registration of this
plan or any phase thereof, that the Owner shall submit for the review and
approval of the Central Lake Ontario Conservation Authority and the Town of
Newcastle, site plans for Lots 18 to 26 inclusive to indicate existing and
proposed grades, site drainage, proposed erosion control measures and
vegetation and the locations of all buildings and structures.
(2) The Owner agrees to develop Lots 18 to 26 inclusive in conformity with site
plans approved by the Central Lake Ontario Conservation Authority and the
Town of Newcastle.
(3) The Owner agrees to not place fill, grade, construct any buildings or
structures without prior written approval being given by the Central Lake
Ontario Conservation Authority, and to abide by conditions on permits
issued by the Authority.
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.: 29.9.86
THE CORPORATkfl OFF TH,E TOWN OF NEWCASTLE
MAYOR
CLE RK
KALEE INVESTMENTS LIMITED
IS
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authorized and
approved by By-law No. 86-95 of the Corporation of the Town of
Newcastle, enacted and passed this 14th day of July 1986
ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT
Estimated Costs of Works
Up to $100,000.00
$100,000.00 to $500,000.00
$500,000.00 to $1,000,000.00
$1,000,000.00 to $2,000,000.00
$2,000,000.00 to $3,000,000.00
$3,000,000.00 to $4,000,000.00
Fe es
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
$30,000.00 or 2.5% of the
estimated cost of services -
whichever is greater
$50,000.00 or 2.25% of the
estimated cost of services -
whichever is greater
$67,500.00 or 2% of the estimated
cost of services - whichever is
greater
For the purposes of this Schedule cost estimates as specified in Schedule "J"
for Hydro Distribution System shall not be'included for the purposes of
calculating engineering and inspection fees -as ' contemplated by this Schedule.
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.
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.: 29.9.86
THE CORPORATr'QWOF THE TOWN OF NEWCASTLE
KALEE INVESTMENTS LIMITED
s / `
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i
THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been authorized and
approved by By-law No. 86-95 of the Corporation of the Town of Newcastle,
enacted and passed this 14th day of July 1986.
REGION'S CONDITIONS OF DRAFT PLAN APPROVAL
See Attached
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
L.R.: 29.9.86
THE CORPORAT, -THE TOWN OF NEWCASTLE
y MAYOR
KALEE INVESTMENTS LIMITED
DURHAM
The Regional
Municipality
of Durham
Planning
Department
Box 623
105 Consumers Or
Whitby, Ontario
Canada. LiN 6A3
(416) 668-7731
OR. M. R. MICHAEL, M.C.I.P
Commissioner of Planning
May 2, 1984
Mr. Leon Wallis
378 King Street W
Oshawa, Ontario
L IJ 2J 9
Dear Sir:
1
ROM
MAY 7 1984
TOWN OF NEW CASUE
PLANNING DEPARjMEIVT
Re: Application for Approval of Plan of Subdivision
1927 Investments Ltd.
File No: 18T-81013
Municipality: Town of Newcastle
I am pleased to advise that, in accordance with By-law No. 184/80
of the Regional Municipality of Durham, decision to draft approve
the above -referenced plan of subdivision is now given, subject to
the conditions attached to this letter.
This decision to draft approve is conditional upon that no person
requests my decision to be reviewed by Council within 5 days of
the date of this notice.
In addition, this decision to draft approve is subject to Section
55(3) of The Planning Act R.S.O. 1980, which provides as follows:
"The applicant and each person who requests written notice of the
decision referred to in sub -section 1 may appeal to the Municipal
Board against the decision by serving personally on or sending by
registered mail to the Clerk of the Municipality in which the
Council or appointed officer has jurisdiction notice of appeal
accompanied by payment to thb'Clerk of the fee prescribed by the
Municipal Board under The Ontario Municipal Board Act, as payable
on an appeal to the Municipal Board, within twenty-one days after
the day on which the notice was sent under sub -section I."
If no appeal is received by the Regional Clerk within 21 days from
the date of this letter, we will issue draft plan approval and a
copy of the draft approved plan will be sent to you accordingly.
Yours very truly,
Dr. M. Michael, M.C.I.P.
Commissioner of Planning
:cc
attachment
cc: C. Lundy - Regional Clerk
D. Oakes - Clerk, Town of Newcastle
T. Edwards - Planning Director, Town of Newcastle,-
C.L.O.C.A.
Ministry of the Environment
G. Crawford - Regional Works Dept.
Ministry of Municipal Affairs & Housing
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Attachment to letter dated May 2, 1984
From: Dr. M. Michael, Commissioner of Planning
To: Mr. Leon Wallis
Re: Plan of Subdivision 18T-81013 (Revised)
Town of Newcastle
CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION OF THIS PLAN
OF SUBDIVISION ARE AS FOLLOWS:
NO.
CONDITIONS
1. That this approval applies to draft plan of subdivision
18T-81013, prepared.by Donevan & Fleishmann, Ontario Land
Surveyor, i-dentified as drawing number 25023A, revised and dated
October 6, 1981, which is further revised in red to show 26
single family lots.
2. That the road allowances included in this draft plan shall be
dedicated as public highways.
3. That the road allowances included in this draft plan shall be
named to the satisfaction of the Region of Durham and the Town
of Newcastle.
4. That Block ''A' as shown on the draft plan be dedicated as public
highway for the purpose of widening the Old Scugog Road.
5. That 0.3 metre reserve as shown as Block "B", s,hal l' be conveyed
to the Town of Newcastle.
6. That the Owner shall convey land to the Town of Newcastle for
park purposes in accordance with the Planning Act.
Alternatively, the municipality may accept cash -in -lieu of such
conveyenace.
7. That such easements as may be required for utilities, drainage
and servicing purposes shall be granted to the appropriate
authori ty.
8. That the Owner agrees to negotiate with the Town of Newcastle a
cost sharing arrangement for the reconstruction of Old Scugog
Road abutting this plan.
9. That the uses shown on the approved draft plan shall be zoned in
an appropriate zoning by-law passed by the Council of the Town
of Newcastle in effect in accordance with section 34(19) or
section 34(31) of the Planning Act.
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18T-81013 (revised)
NO.
N
CONDITION
10. Prior to the initiation of grading and prior to the
registration of this planor any phase thereof, that the Owner
shall submit for the review and approval of the Central Lake
Ontario Conservation Authority and the Town of Newcastle, site
plans for Lots 18 to 26 inclusive to indicate existing and
proposed grades, site drainage, proposed erosion control
measures and vegetation and the locations of all buildings and
structures.
I. That the Owner shall submit to the Ministry of the Environment
for approval, a hydrologist's report which verifies that an
adequate supply of potable water is available to service the
development. The report should also discuss the possibility
for cross -contamination of wells from septic effluent.
12. That prior to final approval of the plan, the Owner shall
satisfy all requirements, financial and otherwise, of the
Town of Newcastle. This shall include among other matters,
execution of a subdivision agreement between the Owner and the
Town of Newcastle, concerning the provision and installation
of roads, services and drainage.
13. That prior to final approval of the plan, the Owner shall
satisfy all requirements, financial and otherwise, of the
Region of Durham. This shall include, among other matters,,
execution of a subdivision agreement between the'Owner±and the
Region of Durham concerning the provision of regional
services.
14. That the subdivision agreement between the Owner and the Town
of Newcastle shall contain, among other matters, the following
provisions:
a) The Owner agrees to develop Lots 18 to 26 inclusive in
conformity with site plans approved by the Central
Lake Ontario Conservation Authority and the Town of
Newcastle.
h) The Owner agrees to not place fill, grade, construct
any buildings or structures without prior written
approval being given by the Central Lake Ontario
Conservation Authority, and to abide by conditions
on permits issued by the Authority.
c) The Owner agrees to the phasing of development of this
Plan to the satisfaction of the Town of Newcastle.
d) The Owner agrees to satisfy the requirements of the
Durham Region Health Unity respecting installation of
drilled wells and septic system.
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18T-81013 (revised) 3.
NO. CONDITION
15. That prior to final approval, the Commissioner of Planning for
the Region of Durham, shall be advised in writing by:
a) The Town of Newcastle, how conditions 3, 4, 5, 6, 7, 8,
9, 10, 12, 14(a), 14(c) and 14(d) have been satisfied;
b) The Central Lake Ontario Conservation Authority how
conditions 10, 14(a) and 14(b) have been satisfied; and
c) The Ministry of the Environment how condition 11 has
been satisfied.
NOTES
1• We suggest you make yourself aware of:
(a) section 143(1) of The Land Titles Act, which requires
all new plans be registered in a land titles system;
and
(b) section 143(2) which allows certain exceptions..
2- It is suggested that the municipality 'register the
subdivision agreement as provided by section 36(6) of The
Planning Act against the land to which it applies, as notice
to prospective purchasers. '
3. Where the Central Lake Ontario Conservation Authority is
involved in the subdivision agreement, a copy of the
agreement shall be sent to the Authority in order to expedite
its clearance of final plan approval. The address is:
Mr. Wm. Fry
Central Lake Ontario
Conservation Authority
1650 Dundas Street East
Whitby, Ontario L1N 2K8
579-0411
4- When the zoning by-law referenced in Condition 9 is being
prepared, the explanatory note of the said by-law should make
reference to this draft plan and the T-file number. This
would facilitate the Region''s and other agency's review of
the by-law.
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18T-81013 (revised)
4.
NO. CONDITION
5• When the draft M-Plan is completed, copy should be submitted
to the Town of Newcastle Planning Department, and the Region
of Durham Planning Department to facilitate subdivision
agreement preparation.
6. 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 36(13) of
The Planning Act. Extension may be granted provided valid
reason is given and is submitted to the Region well in
advance of the lapsing date.
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