HomeMy WebLinkAbout89-119
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 89- 119
being a By-law to authorize the entering into an Agreement with
671461 ONTARIO LIMITED and the Corporation of the Town of
Newcastle for the development of Plan of Subdivision l8T-87005.
The Council of the Corporation of the Town of Newcastle hereby enacts as
follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of
the Corporation of the Town of Newcastle, and seal with the COrporation's seal,
an Agreement between and the said
Corporation dated the day of , 1989, in the form attached
hereto as Schedule "A".
2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of
the Town, the said conveyances of lands required pursuant to the aforesaid
Agreement.
3. THAT Schedule "A" attached hereto forms part of this By-law.
BY-LAW read a first time this 10th
day of
July
July
10th
1989
1989
BY-LAW read a second time this 10th day of
BY-LAW read a third time and finally passed this
day of
July 1989.
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Document General
Form 4 - Land Registration Reform Act, 1984
79-//9
DYE & DURHAM co LIMITED
Form No. 985
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(1) Registry 0
(3) Property
ldenllfler(s)
Land Titles KJ T (2) Page 1 of q ^ pages
Block Property
Additional
See 0
Schedule
(4) Nature of Document
Notice or Subdivision Agreement (Section '4 01 the Ad)
(5) Consideration
NA
Dollars $
New Property Identifiers
(6) Description (
./\ (0". Z P....,.f+o"'.,..., \' I .p
Parcel t) -:7 .' Section being Lots 79, 80, 11, 8%, 83, 84, 95
and 96, Part or Lots 68, 76 (lying between Lots 77 and 79) and 94, Part of the
reserves and part of the un-subdivicled portion 01 Lot 13, Concession 2, on
Registered Plan No. 8%, Part 01 Edsall Aveaue and Rehder Avenue Registered
Plan No. 8% and Part or Lot 13, Coneession 2, In the Geo(p'apbical Township
of Darlington, now designated as Parts 1 to 'Inclusive OD Reference Plan lOR-
3452, deposited In the Registry Office of the Land 'OtIes Division of Newcastle
O (No. 10) :;.. v e Cl'" &11 e >C. c ~ r--f- ,.o~ r"f I ,.... /oJ II<.... ~
/CJ!f. - 3$ 0 tj(
Additional:
See
Schedule
Executions
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(7) This
Document
Contains:
(a) Redescription
New Easement
PlanlSketch
(b) Schedule for:
Additional:
See
Schedule
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Additional
Description 0 Parties 0 Other 0
..
(8) This Document provides as follows:
IrC"A.~
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The Corporation of the Town of Newcastle has an unregistered estate, right, inte st for equity in the
land registered in the name of 671461 Ontario Limited, Parcel 1:5 .- '3 , Section , Newcastle
Darlington (Bowmanville) and hereby apply under Section 74 of the Land Titles Act for the entry of a
Notice of Agreement in the Register for the said Parcel.
Continued on Schedule IKl
( (9) This Document reletes to instrument number(s)
(10) Perty(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
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. . THE. CORPORATION. OF .THE TOWN. . . . . . . .. ... .1..7... . ~. . . . . . . . . . .
OF NEWCASTLE by it solicitors Nicholas T. Macos
, , . SHWLEY .RIGHTON per Nicholas. . . . . . . . . . .. ................................,.
T. Macos
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .................................
(11) Address
for Service
40 Temnerance Street. Bowmanville Ontario LtC 3A6
(12) Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
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(13) Address
for Service
(14) Municipal Address of Property
(15) Document Prepared by:
II Fees and Tax
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Shibley Righton
Barristers & Solicitors
Suite 1800
401 Bay Street
Toronto, Ontario M5H 2Z1
Attn: Nicholas T. Macos
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THIS AGREEMENT mude in quintuplicate as of this /fJ'\lay of, 1991.
BE1WEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
(hereinafter called the "Town")
OF THE FIRST PART
- and -
671461 ONTARIO LIMITED
(hereinafter called the "Owner")
OF THE SECOND PART
SUBDIVISION AGREEMENT
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ARTICLE
1.1
1.2
AaTICLE 2
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
ARTICLE
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.U
3.12
3.13
3.14
3.15
3.16
INDEX
1 - INTERPRETATION AND SCHEDULES
Definitions
Schedules . . . . . . . . . . . . . . . . . . . . . . . . . · . · . . · . . · · . · · · . · · · · · · .
. . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. GENERA.L ... . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .
. . . . .
Recitals In Operative Part or Agreement ...
Certification of Ownership ..........
Copy of Plan and Agreements Required
Transfer of Easements
. . .
...... ..... .... .......
......
. . . .
...... ............ ... ............ ....
Transrer or Lands ................
................
Registration of Transfers .........
Lands for School Purposes .......
Charge on Lands ...............
Registration of Agreement . . . . . . . . . . .
Renegotiation and Amendment of Agreement
Town to Act Promptly . . . . . . . . . . . .
Assignment of Agreement ...............
Replacement of DratlPlan with Final Plan(s)
Notification of Owner . . . . . .
Successors ..........................
. . . .
. . . . . . . . . . .
. . .
. . .
. . . . .
. . .
. . .
.......
. . .
.......
...................
. . .
................
. .
. . . . . . . . . . .
. . . . . . . . . .
. . .
.......
......
3 - FINANCIAL . . . . .
.....
. . .
......
Payment of Taxes . . . . . . . . . . .
Payment of Local Improvement Charges
Payment of Drainage Charges ....... . . . . . . .
Payment of Development Levies . . . . . . . . .
Cash in Lieu of Land Dedication
Performance Guarantee Required ...
Use of Performance Guarantee
Indemnification of Town . . . . . . . . . . . . . . .
.................
. .
. .
. . . .
........
. . . . . . . . . . . . . . . .
. . . . . . . .
......
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...................
................. ..............
...................
Insurance . . . . . . . . . . .
...............
...................
Maintenance Guarantee Required .......'...
Use of Maintenance Guarantee .. .
Requirements fot Release of Performance Guarantee
Requirements for Release of Maintenance Guarantee
Payment of Town's Costs ......
Unpaid Monies .............
Occupancy Permit Deposit
. . . . . . . . . . . . . . . . .
. . . .
. . . . . .
. . . . . .
.......
...............
. .
. . .
. . . .
. . . .
......
. . .
. . .
. . . .
......... ........... ..... .... ...
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3
2
2
6
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6
6
7
7
8
8
9
9
10
10
10
12
12
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12
13
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13
13
13
13
14
14
14
15
15
16
16
17
17
18
18
19
19
ARTICLE 4. PLANNING
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
IT '1
.............................................. .
Not Used ...............................................
Landscaping Plan and Landscaping Requirements
..............
Use of Lands ..................
......... ..... It. .......
Not Used ...............................................
Not Used .............................................
Requirements for Building Permits ............................
Model Homes . . . . . . . . . . . . . . . . . . . . . . · . · . . ·
. . . . . . . . . . . . . . . .
Architectural Control Standards ........... . . . . . . . . . .
Requirements for Sale of Lands ..............................
Requirements for Occupancy Permit .....................
Cash in Lieu of Lands for Park or Other Public Recreational Purposes
Special Conditions ........................................
ARTICLE 5. PUBLIC WORKS ...........................
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
5.18
5.19
5.20
5.21
5.22
5.23
5.24
5.zS
........
Town Works Required .....................................
Utilities and Services Required ...............................
Owner's Engineer .. . . . . . . . . . . . . . . . . . . . . .
..........
.....
Design of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of Engineering Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of Grading and Drainage Plan ........................
Not Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of Schedule of Works . . . . . . . . . . . . . . . . . . . . .
Approval of Works Cost Estimates ............................
Requirements for Authorization to Commence Works . . . . . . . . . . . .
Not Used ...............................................
Inspection and Stop Work ................................
Construction in Accordance with Engineering Drawings .............
Sequence of Construction of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Completion Time for Construction of Works . . . . . . . . . . . . . . . . . .
Minor Additional Work ....................................
Incomplete or Faulty Works and Liens .........................
Entry for Emergency Repairs
Damage to Existing Services
.... ........... ..... .......t ....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Damage to Neighbouring Wells ...............................
Use of Works by To"WD .....................................
Maintenance of Roads after Completion ........................
Requirements for Certificate of Completion . . . . . . . . . . . . . . . . . . .
Requirements for Certificate of Acceptance ......................
Ownership or Works by Town ................................
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20
20
20
22
22
22
22
25
26
26
27
28
29
29
29
29
29
30
30
..
31
31
31
31
31
35
35
3S
36
36
36
36
38
38
38
40
41
42
42
42
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5..26 Requirements for Certificate of Release ......................... 43
S.27 Storm Sewer System, Storm Sewer Work and Sidewalk Contribution . . . . .. 43
ARTICLE 6 - RESPONSIBILITY OF SUBSEQUENT OWNERS ................ 44
ARTICLE 7. TIME OF ESSENCE ...................................... 4S
ARTICLE 8 - AUTHORITY TO MAKE AGREEMENT ...................... 4S
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THIS AGREEMENT made in quintuplicate as of this 10th day of July, 1991.
BE1WEEN:
TIiE CORPORATION OF THE TOWN OF NEWCASTLE
(hereinafter called the "Town")
OF THE FIRST PART
- and -
671461 ONTARIO LIMITED
(hereinafter called the "Owner")
OF THE SECOND PART
WHEREAS
A The lands owned by the Owner which are affected by this Agreement are
described in Schedule "A" hereto (the "Lands");
B The Owner represents and warrants that it is the registered Owner of the
Lands in fee simple absolute and the Lands are not subject to a mortgage or charge;
C The Owner has received the approval of the Regional Municipality of Durham
(the "Region") of draft Plan of Subdivision 18T-87005 of the Lands subject to compliance
with certain conditions thereto including the making of Subdivision Agreements with the
Region and the Town, respectively;
D The Owner has applied to the Region for approval of a final Plan of
Subdivision of the Lands, and to the Region and the Town, respectively, for the making of
the aforesaid Subdivision Agreements;
E The Owner represents and 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 and services referred to in Schedule "H" and hereinafter called the "Utilities and
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Services";
F The Owner represents and warrants that it will enter into Agreements with
the Region and the Town to satisfy their respective requirements, financial and otherwise
in order to satisfy certain conditions of approval by the Region of draft Plan of Subdivision
18T-87005;
G This Agreement is made pursuant to the provisions of Subsection 50(6) of
the Planning Act, 1983 and is authorized by By-law 89-119 passed on July 10th, 1989;
NOW THEREFORE WITNESSETH THAT in consideration of the premises and
the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money
of Canada, now paid by each Party to the others (the. receipt whereof by each Party is
hereby acknowledged), the Parties hereto covenant and agree to and with each other as
follows:
ARTICLE 1. INTERPRETATION AND SCHEDULES
1.1 Definitions
(1) In this Agreement the term:
(a) "Act" has the meaning assigned to it in paragraphs 3.4(2) of this
Agreement.
(b) "Applicant" means an individual, an association, a partnership or
corporation who applies for the necessary building permits for the lots
or blocks covered by this Agreement.
(c) "Authorization to Commence Works" has the meaning assigned to it
in paragraph 5.10 of this Agreement.
(d) "Certificate of Acceptance" has the meaning assigned to it in paragraph
5.24 of this Agreement.
(e) "Certificate of Completion" has the meaning assigned to it in paragraph
5.23 of this Agreement.
(f) "Certificate of Release" has the meaning assigned to it in paragraph
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5.26 of this Agreement.
(g) "Commissioner" means the Commissioner of Planning of the Regional
Municipality of Durham.
(h) "Council" means the Council of the Corporation of The Town of
Newcastle.
(i) "Damaged Services" has the meaning assigned to it in paragraph 5.19
of this Agreement.
(j) "Development Charge By-law" has the meaning assigned to it paragraph
3.4(2) of this Agreement.
(k) "Development Levies" has the meaning assigned to it in Schedule "D"
of this Agreement.
(1) "Director" means the Director of Public Works of the Town of
Newcastle or his designated representative.
(m) "Director of Community Services" means the Director of Community
Services of the Town of Newcastle or his designated representative.
(n) "Director of Planning" means the Director of Planning and
Development of the Town of Newcastle or his designated
representative.
(0) "Engineering Drawings" has the meaning assigned to it in paragraph
5.5 of this Agreement.
(p) "Grading and Drainage Plan" has the meaning assigned to it in
paragraph 5.6 of this Agreement.
(q) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1)
of this Agreement.
(r) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2)
of this Agreement.
(s) "Lands" has the meaning assigned to it in Recital A of this Agreement.
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(t) "Maintenance Guarantee" has the meaning assigned to it in paragraph
3.10(1) of this Agreement.
(u) "Minister" means the Minister of Municipal Affairs, Ontario.
(v) "Monitoring Program" has the meaning assigned to it in paragraph
5.20(1) of this Agreement.
(x) "Net Capital Cost" has the meaning as agreed to it in paragraph 5.27(3)
of this Agreement.
(y) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1)
of this Agreement.
(z) "Occupancy Permit Deposit" has the meaning assigned to it in
paragraph 3.16(1) of this Agreement.
(aa) "Occupancy Permit Scale" has the meaning assigned to it in paragraph
3.16(2) of this Agreement.
(bb) "Owner" means the Party of the Second Part to this Agreement, its
successors and assigns and when used to refer to a successor or
assignee of such Party, or to another person, an owner includes an
individual, an association, a partnership or a corporation,
(cc) "Owner's Engineer" means a professional Civil Engineer, registered
by the Association of Professional Engineer of Ontario.
(dd) "Performance Guarantee" has the meaning assigned to it in paragraph
3.6 of this Agreement.
(ee) "Reapproved Engineering Drawings" has the meaning assigned to it
in paragraph 5.5 of this Agreement.
(ff) "Reapproved Grading and Drainage Plan" has the meaning assigned
to it in paragraph 5.6 of this Agreement.
(gg) "Region" shall mean the Corporation of the Regional Municipality of
Durham.
(hh) "Reconstmction Work" has the meaning assigned to it in Schedule"G"
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of this Agreement.
(ii) "Schedule of Works" has the meaning assigned to it in paragraph 5.8
of this Agreement.
(jj) "Security for the Maintenance Guarantee" has the meaning assigned
to it in paragraph 3.10(2) of this Agreement.
(kk) "Services" has the meaning assigned to it in paragraph 5.27(3) of this
Agreement.
(ll) "Solicitor" means the Solicitor for the Town.
(mm) "Storm Sewer System" has the meaning assigned to it in Schedule "G"
of this Agreement.
(nn) "10M Plan" has the meaning assigned to it in paragraph 2.3 of this
Agreement.
(00) "Storm Sewer Works has the meaning assigned to it in Schedule "P" of
this Agreement.
(pp) ''Town'' means The Corporation of the Town of Newcastle or any
official, designated by Council to administer the terms of this
Agreement.
(qq) ''Treasurer'' means the Treasurer of the Town of Newcastle or his
designated representative.
(rr) "Utilities and Services" means the utilities and services referred to in
Schedule "H" of this Agreement.
(ss) "Works" has the meaning assigned to it in paragraph 5.1 of this
Agreement.
(tt) "Works Cost Estimates" has the meaning assigned to it in paragraph
5.9 of this Agreement.
(2) Whether or not it so provides explicitly, every proVISIon of this
Agreement by 'vhich the Owner is required to undertake any action shall be
deemed to indude the words "at the cost of the Owner".
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(3) Unless the context otherwise requires when used in this Agreement,
the singular includes the plural and the masculine includes the feminine.
1.2 Schedules
The following Schedules which are attached hereto, together with all
provisions therein, are hereby made a part of this Agreement as fully and for all
purposes as would be the case if they were set out in the text of this Agreement as
covenants and agreements: .
Schedule "A"
Schedule "B"
Schedule "C'
Schedule "D"
Schedule "E"
Schedule "F'
"Legal Description of the Lands"
"Plan of Subdivision" (reduction)
"Charges Against the Lands"
"Development Levies"
"Transfers of Easements"
"Lands to be Transferred to Town and/or Cash
to be Paid in Lieu Thereof'
"Works Required"
"Utilities and Services Required"
"Duties of Owner's Engineer"
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
"Use of the Lands"
Not Used
Not Used
"Storm Sewer Work"
"Financial Contributions for Certain External
Works"
"Conservation Authority's Work"
"Engineering and Inspection Fees"
"Region's Conditions of Approval"
"Landscaping Plan" (reduction)
"Requirements of Other Agencies"
"Architectural Control Standards"
Schedule "0"
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule"N"
Schedule "0"
Schedule "P"
Schedule "P-I"
Schedule "Q"
Schedule "R"
Schedule "S"
Schedule "u"
Schedule "V'
Schedule "W"
ARTICLE 2 - GENERAL
2.1 Recitals in Operative Part of AJreement
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The Owner represents and warrants to the Town that each of Recitals A to
F of this Agreement is correct.
2.2 Certification Qf Ownership
(1) On the (hte of execution of this Agreement, the Owner shall 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 interests in the said Lands and the nature of their
interests.
(2) On the date of execution of this Agreement, the Owner shall provide
the Town with a letter signed by an Ontario Solicitor and addressed to the
Town certifying as to the title of any land outside the limits of the said Lands,
which is to be conveyed to the Town or in which easements are to be
transferred to the Town pursuant to the terms of this Agreement.
2.3 Copy of Plan and Ap-eements Required
Subject to paragraph 2.13 hereof, at the time of the execution of this
Agreement, the Owner shall provide the Town with as many copies as the Town
requires of the final Plan of Subdivision of the Lands as approved by the
Commissioner, the Minister, or the Ontario Municipal Board as the case may be.
The draft final Plan of Subdivision as proposed by the Owner (the "10M Plan") is
contained in Schedule "B" attached hereto. The Owner shall also furnish to the
Town at the time of the execution of this Agreement, one (1) copy of the final Plan
of Subdivision which has marked on it the stamp of approval of the Region, and a
copy of the executed Subdivision Agreement entered into between the Owner and
the Region with respect to the Lands if the aforesaid Plan has been approved and
Agreement has been executed by the Parties thereto at the time of the execution of
this Agreement. If at the time of the execution of this Agreement, the aforesaid
Plan has not been so approved and/or the aforesaid Agreement between the Owner
and the Region has not been executed, the Owner shall provide the Town with a
copy of the aforesaid Plan with the stamp of approval of the Region marked thereon
and/ or a copy of the aforesaid Agreement executed by the Region and the Owner
forthwith after approval of the aforesaid Plan is granted and/or the aforesaid
Agreement is executed by the Parties thereto. The Owner shall also furnish to the
Town, at the time of execution of this Agreement, one (1) copy of each of the
Agreement(s) entered into by the Owner with the Newcastle Hydro-Electric
Commission or other authority or company having jurisdiction in the area of the said
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Lands for the design and installation of the Utilities and Services, or, if such
Agreement(s) have not been executed at the time of the execution of this
Agreement, the Owner shall provide the Town with one (I) copy of each such
Agreement(s) immediately after each such Agreement(s) is executed by the Parties
thereto.
2.4 Transfer of Easements
(1) On the execution of this Agreement, the Owner, at its cost, shall
deliver to the Town the executed transfers of easements which are set out
in Schedule "E" and shall pay to the Town in cash or by certified cheque the
amount which is equal to any tax, fee or cost payable at the time of or in
respect of the 1 egistration of such transfers against the title to the lands to
which they apply. Such transfers shall be free and clear of all encumbrances
and restrictions, shall be made for a nominal consideration, shall contain
provisions satisfactory to the Town's Solicitor, and shall be in registerable
form.
(2) If, subsequent to the date of registration of any Plan of SubdivisiOn
of the Lands or a Planes) of Subdivision of any part(s) thereof, but prior to
the issuance of a building permit(s) for building(s) proposed to be constructed
on a particular totes) or btock(s), in the opinion of the Director further
easement(s) in such lot(s) or block(s) are required to be transferred to the
Town, the Region of Durham, the Newcastle Hydro-Electric Commission or
other appropriate authority or company for Town purposes, Region of
Durham purposes or for Utilities and Services, as the case may be, or for
drainage purposes, the Owner agrees to transfer to the Town, the Region of
Durham, the Newcastle Hydro-Electric Commission or other appropriate
authority or company, as the case may be, such further easement(s) forthwith
after a written request to do so is given to it by the Director. Notwithstanding
the foregoing, the Director shall not request such further easement(s), if its
creation would prevent the erection of a dwelling on any part of a lot(s) or
block(s) shown on the Plan. If further easements are requested to be
transferred to the Town, the Region of Durham, the Newcastle Hydro-Electric
Commission, or other appropriate authority or company, as the case may be,
the provisions of paragraph 2.4(1) shall apply with all necessary changes to
it being considered to have been made to give effect to the intent of this
paragraph 2.4(2).
2.5 Transfer of Lands
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On the date of execution of this Agreement, the Owner shall deliver to the
Town executed transfers, sufficient to vest in the Town title in fee simpte absotute
free and clear of all encumbrances and restrictions, of the lands set out in Schedule
"F' hereto and shall pay to the Town in cash or by certified cheque an amount of
money which is equal to any tax, fee, or cost payable at the time of or in respect
of the registration of such transfers against the title to the lands to which they apply.
All transfers referred to in this paragraph 2.5 shall contain provisions to the
satisfaction of the Town's Solicitor, shall be made for a nominal consideration, and
shall be in a registerable form.
2.6 Reaistration of Transfers
The transfers of easements and lands referred to in paragraphs 2.4 and 2.5
shalt be prepared by the Owner and shall be registered at the Owner's expense, at
the same time as the Plan is registered. If such transfers are of or in respect of
lot(s) or btock(s) which are to be defined on the final ptan of Subdivision of the
Lands when the Plan is approved and registered against title, the registered number
of the Plan shall be leU blank and the Owner hereby authorizes the Town to insert
such Plan number after registration of the Plan.
2.7 Lands for School PUlJ)oses
(1) On or prior to the execution of this Agreement, the Owner shall
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
tands necessary for schoot purposes to serve the said Lands.
(2) In the event that any School Board which has an option to acquire
any lot(s) or block(s) comprising part of the Lands does not exercise its
option, forthwith after such School Board fails to exercise such option, the
Owner shall give notice to the Town in writing that the School Board has not
exercised its option. The Owner hereby grants to the Town an irrevocable
option to acquire such lot(s) or block(s) on the same terms and conditions
including, without limiting the generality of the foregoing, the consideration
to be paid to the Owner, as the School Board could have acquired such lot(s)
or block(s) by exercising its option as aforesaid, except that the Town shall
exercise the option hereby granted by giving written notice to the Owner prior
to the expiry of sixty (60) days after the Town receives the aforesaid notice
from the Owner that the School Board has failed to exercise its option. The
purchase of the totes) or block(s) in question by the Town shall be compteted
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within ninety (90) days after the exercise of the Town's option as aforesaid.
2.8 Chaq:e on Lands
The Owner hereby charges all its interest in the Lands with the obligations
set out in this Agreement.
2.9 Re,istration of Aareement
The Owner herpby consents to the r~gistration of this Agreement or a notice
thereof against the tiJe to the Lands. The Owner will not register, permit or suffer
any person to register any instrument after the registration of the final Plan of
Subdivision against the title to the Lands unless this Agreement and any transfers
or other documents required to be furnished hereunder have first been registered
against the title to the Lands or the appropriate portion(s) thereof, as the case may
be. Without derogating from the foregoing, the Owner also hereby consents to the
registration of an inhibiting order(s) against the title to the Lands or the relevant
portiones) thereof as the case may be, in order to give further effect to the foregoing.
"
2.10 Reneaotiation alld Amendment of A&reement
(1) Following the occurrence of any of the events set out below in this
paragraph 2.10 (the "Renegotiation Events"), the Town may give written
notice to the Owner requiring that particutar provisions of this Agreement
specified in the notice shall be renegotiated and, if necessary amended by
the Parties. No later. than the expiry of the ten (10) day period following the
date on which such notice is given, the Owner will cease and will require all
persons with whom it has a contractual relationship to cease constructing
and installing the Works referred to in such written notice until the specified
provisions of this Agreement have been renegotiated and any necessary
amendment(s) made to this Agreement. The Renegotiation Events are the
following:
(i) the Region, the Minister, or the Ontario Municipal Board approves a
final Plan of Subdivision for the said Lands which the Town considers
to be substantially different from the 10M Plan proposed by the Owner;
(ii) the final Plan of Subdivision is not approved by the Region and
registered against the title to the Lands within eighteen (18) months
after the date as of which this Agreement is made;
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(Hi) either if a Subdivision Agreement between the Owner and the Region
has not been executed at the date as of which of this Agreement is
made, or if such Subdivision Agreement between the Owner and the
. Region has been so executed, it is amended subsequent to the date
as of which this Agreement is made, the provisions of such Subdivision
Agreement between the Owner and the Region, in the opinion of the
Town, r~ffect materially the location or sizing of any of the Works to
be supplied and installed under the terms of this Agreement; or
(iv) construction or installation of any of the Works has not commenced
within two (2) years from the date of registration of the final Plan of
Subdivision of the Lands against the title to the Land;
Forthwith after the giving of written notice as aforesaid requiring the
renegotiation of specified provision(s) of this Agreement, the Owner and the
Town will renegotiate the same in good faith and with expedition. In the
event that the renegotiation has not been completed or has not resulted in
agreement by the Parties prior to the expiry of the twenty (20) day period
following the date on which the notice requiring the renegotiation is given
as aforesaid, at any time thereafter the Town may give the Owner written
notice declaring this Agreement to be terminated whereupon it shall
terminate.
(2) On the terInination of this Agreement by the Town declaring it to be
terminated in accordance with paragraph 2.10(1), none of the Parties hereto
may make any claim against the Town for damages for any loss or cost or
make any claim against the Town for compensation in respect of any of the
Works, whether located in whole or in part on land in which the Town has
an interest. Notwithstanding the foregoing, the Owner and the Town expressly
agree that the covenants and agreements contained in paragraphs 3.8, 3.14,
5.17, 5.19, 5.20 and 5.21 of this Agreement will survive the termination of this
Agreement pursuant to paragraph 2.10(2) and paragraphs 3.8, 3.14, 5.17, 5.19,
5.20 and 5.21 of this Agreement shall continue to bind the Owner and may
be enforced by the Town in the same manner and to the same extent as if this
Agreement had not been terminated.
(3) Without derogating from the provisions of paragraph 2.10(1) from time
to time by mutual agreement, the Parties hereto may 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 seats and hands of the proper
officers of each Party.
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2.11 Town to Act Promptly
Wherever the Town, the Town's Solicitor, the Town's Treasurer or any Town
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 in alt respects and the Town and
its officials shall act reasonably.
2.12 Assianment of J\lp'eement
The Owner shall not assign this Agreement without prior written consent of
the Town. For grea:er certainty, any assignment which is made contrary to this
paragraph 2.12 does not relieve a subsequent Owner of the Lands of any of his
obligations under this Agreement.
2.13 Repl,cement of Draft Plan with Final Plan( s}
(1) The Parties hereto acknowtedge that at the time of the execution of
this Agreement, only a red-lined copy of draft Plan of Subdivision 18T-87005
has been approved by the Region. A copy of it is. contained in Schedule "B"
hereto. All descriptions in this Agreement and the Schedules hereto refer
to the proposed lot(s) or block(s) and street(s) shown on such red-lined draft
Plan of Subdivision. The 10M Plan proposed by the Owner is also contained
in Schedule "B".
(2) On a final Plan of Subdivision implementing Plan 18T-87005 approved
pursuant to the Planning Act, 1983 being registered against the title to any
one (1) or more portions of the Lands, the registered final Plan of Subdivision
shall be deemed to be substituted for the red-lined draft Plan of Subdivision
18T-87005 for the purposes of this Agreement. All amendments necessary to
this Agreement shall be considered to have been made to it and to the
descriptions and references contained in it, including without limiting the
generality of the foregoing, Schedules "B", "E", "F", "0", "N", "0", "P" and "Q",
in order to replace the descriptions and references to the red-lined draft Plan
of Subdivision 18T-87005 with descriptions and references to and that are
consistent with such registered final Plan of Subdivision.
2.14 Notification of Owner
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If any notice oc other document is cequired to be or may be given by the
Town or by any official of the Town to the Owner under this Agreement, such
notice shall be mailed by first class prepaid post or delivered to:
The Owner: 671461 Ontario Limited
182 Wellington Street
Bowmanville, Ontario LtC IW1
or such other address of which the Owner has notified the Town in writing. Any
such notice so mailed or delivered shall be deemed good and sufficient notice under
the terms of this Agreement and shall be effective from the date which it is so
mailed or delivered.
2.15 Successors
This Agreement shall enure to the benefit of and be binding on the Parties
hereto, and theic respective successors and assigns.
ARTICLE 3. FINANCIAL
3.1 Payment of Taxes
Prior to the date of execution of this Agreement, the Owner shall pay all
municipat taxes outstanding against the Lands, as set out in Schedule "C' hereto.
In addition, the Ownec shall pay any municipal taxes which may become due in
respect of. the whole or anyone or more portions of the Lands after the date of
execution of this Agreement in accordance with the taw.
3.2 Payment of Local Improvement ChafJes
Prior to the date of execution of this Agreement, the Owner shall pay all
charges with respect to local improvements assessed against the said Lands as set out
in Schedule "C' hereto. Such charges shall include the Town's share of any local
improvements which serve the said Lands and shall include the commuted value of
such charges including charges falling due after the date of the execution of this
Agreement.
3.3 Payment of Drainaee Chaq:es
Prior to the date of the execution of this Agreement, the Owner shall pay all
drainage charges assessed under the Drainage Act, R.S.O. 1980, c.126, and the Tile
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Drainage Act, R.S.O. 1980, c.500 against the Lands, as set out in Schedule "CIt
hereto, including the commuted value of such charges falling due after the date of
execution of this Agreement.
3.4 Payment of Development Levies
(1) The Ov ner shall pay all "Devclopmcnt Levics" (as defincd in Schcdule
"0") in the amounts and at the times set out in Schedule "0" hereto. For
greater certainty, prior to the issuance of any building permit in respect of
any lot(s) or block(s) on the Lands, the Owner shall pay all remaining
Development Levies assessed against such lot(s) or block(s).
(2) The Parties acknowledge and agree the provisions of this paragraph
3.4 and Schedule "D" are not intended and shall not be considered to have
the effect of exempting the Owner in whole or in part from, or making
inapplicable to the Owner, or making inapplicable in respect of the
devetopment of the Lands, a devetopment charge that after the date of this
Agreement may be. imposed by the Town by passing a By-law (the
"pevelopment Charge By-law") under the Development Charges Act, 1989
(the "Act"), and shall not be used as a justification for or the basis of granting
the Owner a credit of any amount in determining the devetopment charge
payable by the Owner under such By-law and Act. Further, it is understood
and agreed by the Parties, that the Owner's agreement to pay Development
Levies pursuant to paragraph 3.4(1) and Schedule "D" in respect of the
development of the Lands or any part thereof is not intended by the Parties
and shall not have the effect of limiting the Owner's obligation to pay only
that portion of the development charge otherwise imposed. which is not in
excess of the amount of the Devetopment Levies on the date of issuance of
any building permit under the Ontario Building Code Act for a dwelling(s)
proposed to be constructed on the Lands that would have been payable under
paragraph 3.4(1) and Schedule "D" if the Town had not passed a Development
Charge By-taw.
3.5 Cash to Lieu of ~and Dedication
On the execution of this Agreement, the Owner shall pay the Town the cash
payment in lieu of dedication of lands as set out in Schedule "F' hereto.
3.6 Perfo(lllance Guarantee Required
Prior to the date of issuance of any Authorization to Commence Work, the
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Owner shall deposit with the Town, cash or an irrevocable and unconditional letter
of credit issued by a bank listed in Schedule "A" or "B" of the Bank Act, acceptable
to the Town's Treasurer, and containing terms satisfactory to the Town's Treasurer.
The deposit shall be in the amount which is required to secure to the Town the
performance by the Owner of its covenants contained in this Agreement to construct
and install the Works and the performance of the Owner's obligations under
paragraph 5.13(2). Such cash deposit or letter of credit shall be in an amount equal
to the "Works Cost Estimate" with respect to the Lands for the construction and
installation of the Works which either are the subject of an Authorization to
Commence Work or for the issuance of which an A.uthorization Application has been
made by the Owner. tThe cash deposit(s) or letter(s) of credit which is (are) tobe
deposited by the Owner pursuant to this paragraph 3.6 and other provisions of this
Agreement are called tbe "Performance Guarantee".)
3.7 Vse of Performance Guarantee
From time to time the Town may appropriate the whole or anyone or more
portions of the Performance Guarantee up to an amount(s) determined by the
Director, which in aggregate shall not exceed the amount(s) required to remedy the
Owner's default at the date of the appropriation. Forthwith after making each such
appropriation, the Director shall give the Owner written notice thereof and the
Owner shall forthwith reinstate the Performance Guarantee to the full amount(s)
required by this Agreement.
3.8 Indemnification of Town
(1) The Owner shall defend, indemnify and save the Town harmtess from
and against all actions, ctaims, liabilities, losses, damages and expenses
including reasonable legal fees which arise by reason of or are caused in
whote or in part by the making and/or the implementation of this Agreement,
or the design, construction, and/or installation of the Works provided for in
this Agreement.
(2) The Owner shall continue to indemnify and save harmless the Town
as provided in paragraph 3.8(1) notwithstanding the issuance of a Certificate
of Release to the Owner and notwithstanding any arrangements that may be
made by the Town with any person respecting any of the matters indemnified
against under this Agreement.
(3) For greater certainty, the making of this Agreement is not intended
to and shall not have the effect of requiring the Town to do or refrain from
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doing any act or making any recommendation necessary for the Owner to
achieve approval of the final Plan of Subdivision of the Lands and its
registration against the title to the Lands.
3.9 Insurance
The Owner shall obtain and maintain the insurance and deposit the proof
thereof as required by Schedule tlKtI of this. Agreement on or prior to the execution
of this Agreement and thereafter in accordance with Schedute "K".
3.10 ~aintenance Guarantee Required
(1) From the date of is..'iuance of a Certificate of Comptetion of the Works
or any of them, until the date of issuance of a Certificate of Acceptance of
such Works, the Owner agrees with the Town to promptly correct, remedy,
repair or replace any portion or component of such Works that the Director
determines to be defective or deficient having regard to the provisions of this
Agreement at the Owner's cost (the "Maintenance Guaranteetl). The Owner
shall be given written notice of any such deficiency or defect by the Direc(or
forthwith after he identifies the same.
(2) Prior to the date of issuance of a Certificate of Completion of the
Works or any of them, the Owner will deposit with the Town cash or an
irrevocable and unconditional letter of credit issued by a bank listed in
Schedule "A" or "B" of the Bank Act acceptable to the Town's Treasurer
which contains terms satisfactory to the Town's Treasurer (the "Security for
the Maintenance Guarantee"). The Security for the Maintenance Guarantee
shall be in an amount not less than fifteen (15%) percent of the cost of the
Works in question referred to in Schedule "J" hereto. In the event that the
Owner fails to perform the Maintenance Guarantee, the Town may correct,
remedy, repair or replace the defective or deficient Works, portion of Works
or component thereof and appropriate the whole or any part of the Security
for the Maintenance Guarantee as is necessary to indemnify the Town in
respect of the cost of doing so.
(3) The Maintenance Guarantee expires on the date of issuance of the
Certificate of Acceptance of the Works covered by the Certificate of
Completion referred to in paragraph 3.10(1) which shall not be earlier than
the date of expiry of the relevant period of the Maintenance Guarantee for
the following Works as set out betow:
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(1) "Storm Sewer System" (as hereafter defined) includini the "StotIll
Sewer Work" as hereby defined: a minimum of two (2) years
commencing upon the date of issuance of the Certificate of Completion
for the Storm Sewer System and terminating upon the date of issuance
of the Certificate of Acceptance for the Storm Sewer System.
(2) Roads and Above Ground Services: a minimum of two (2) years from
the date of issuance of the Certificate of Completion for the roads
and above ground services and terminating upon the date of issuance
of the Certificate of Acceptance for the roads and above ground
services.
3.11 Vse of Maintenance Guarantee
From time to time, the Town may appropriate the whole or any part of the
Security for the Maintenance Guarantee if the Owner fails to pay any cost(s) payable
by the Owner to tJ'le Town under this Agreement. The amount(s) of such
appropriation shall not exceed the cost as determined by the Director of correcting
the deficiency(s) or defel~t(s) in the Works or a portion or component thereof, which
is covered by the Maintenance Guarantee and is in question. Forthwith, after the
Town makes any such appropriation, the Director shall give the Owner written
notice thereof. Forthwith, after the giving of such notice, the Owner shall restore
the Security for the Maintenance Guarantee to the full amount required by this
Agreement.
3.12 Re<l1Jirements for Release of Performance Guarantee
(1) Prior to the release of the Performance Guarantee, in the discretion
of the Director, the amount of the Performance Guarantee may be reduced,
from time to time, to reflect the progress of completion of the Works and
other facilities and improvements which are required to be constructed and
installed by the Owner. The maximum reduction that may be permitted to
be made by the Director is to an amount equal to the value of the
uncompleted Works and the other facilities and improvements, as determined
by the Director, plus fifteen (15%) percent of the vatue of the completed
Works, facilities and services, also determined by the Director having regard
to the Progress Certificate prepared by the Owner's Engineer in respect of
the completed Works if such has been submitted to the Town by the Owner.
(2) The Owner will not require the Town to release to the Owner any
unused portion of the Performance Guarantee until each of the following
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conditions is satisfied:
(a) a Certificate of Completion has been issued for the Works for which
such Performance Guarantee is required under this Agreement;
(b) the Owner has deposited with the Town, the Maintenance Guarantee
applying to. the Works for which the Performance Guarantee was
required; and
(c) 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 to'such Works.
3.13 Requirements for Re~ease of Maintenance Guarantee
The Owner agrees that the Town shall not be required to release to the
Owner the Security for the Maintenance Guarantee until the following conditions
are satisfied:
(a) A Certificate of Acceptance has been issued for the Works for which such
Maintenance Guarantee is required under this Agreement.
(b) The Town is satisfied that there are no outstanding claims relating to such
Works.
(c) The Town has received the as-built drawings for such Works from the Owner.
3.14 PaJlDent of Town's Costs
(1) On the execution of this Agreement 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 reasonable cost of all legal services
contemplated by the terms of this Agreement, which include the review of
the Performance Guarantee, the review of the Security for the Maintenance
Guarantee and the preparation of a Certificate( s) of Release, provided that
services have actually been performed for the Town.
(2) After the date of execution of this Agreement, forthwith after written
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notice is given to the Owner containing reasonable particulars thereof, the
Owner shall reimburse the Town for an reasonabte legal, ptanning,
engineering and other technical advice, and administrative expenses actually
incurred by the Town in connection with the preparation, processing and
approval of the "Front-Ending Agreement(s)" necessary to implement
paragraph 5.27 of this Agreement.
(3) The Owner shall pay to the Town for all estimated engineering and
inspection costs in accordance with the provisions of Schedule "R" forthwith
after a written demand therefor is given to the Owner by the Director.
(4) After giving reasonable notice to the Town, the Owner may inspect,
during regutar business hours, such accounts, invoices, time records and other
documents and calculations of charges for which the Town is requiring
reimbursement pursuant to paragraphs 3.14(1), 3.14(2) and 3.14(3).
3.15 Unpaid Monies
Except as otherwise provided in this Agreement, the due date of any money
payable under it, unless a different due date is specified in this Agreement, shall
be thirty (30) days after the date of the giving of the written invoice to the Owner.
Interest shall be calculated and be paid by the Owner to the Town on all sums of
money of which the Owner is in default at the same rate, and in the same manner,
and at the same time as is the case with Town taxes which are in arrears at the
date on which the default in question commences. There shall be added to the
interest so calculated and payable, an amount which is equal to the late payment
charge which may be added to Town tax arrears puyable by a rutepayer of the Town
at the date on which the default in question commences.
3.16 Occupancy Permit De~
(1) Prior to the date of issuance of the first building permit for a dwelling
proposed to be constructed on the Lands, the Owner shall deposit with the
Town an irrevocable and unconditional letter of credit issued by a bank listed
in Schedule "A" or Schedule "B" of the Bank Act acceptable to the Town's
Treasurer, in the amount often thousand ($10,000.00) dollars (the "Occupancy
Permit Deposit") to secure the performance of the Owner's covenant to the
Town that occupancy of any dwelling(s) on the Lands will not take place
before an "Occupancy Permit" (defined in paragraph 4.10) is issued by the
Director of Planning in respect of such dwelling( s) pursuant to paragraph 4.10.
The letter of credit shall contain terms satisfactory to the Town's Treasurer.
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In the event that occupancy of dwelling(s) occurs before the date of issuance
of an Occupancy Permit contrary to the provisions of paragraph 4.10, the
Town may draw upon and appropriate from the Occupancy Permit Deposit
the amount necessary to permit the Town to compty with the requirements
of paragraph 4.10 on the Owner's behalf and at the Owner's cost. In the
event that the Town so appropriates the whole or any part of the Occupancy
Permit Deposit, forthwith after it is given written notice of the amount of the
appropriation, the Owner shall restore the Occupancy Permit Deposit to the
full amount of ten thousand ($10,000.00) dollars. The Occupancy Permit
Deposit or the unused portion thereof shall be returned to the Owner at such
time as the last dwelling which may be constructed on the Lands is permitted
to be occupied pursuant to an Occupancy Permit. If a letter of credit is
deposited as the Occupancy Permit Deposit, the Town agrees to permit the
Owner or a purchaser of a lot(s) or block(s) on the 10M Plan contained in
Schedule "B" to replace the letter of credit from time to time, provided that
at all times the Occupancy Permit Deposit is maintained as is required by this
paragraph 3.16(1). Following any such permitted replacement of a letter of
credit, the Town will return the reptaced letter of credit to the Owner or to
the person for whom it was issued, as may be appropriate.
(2) The Occupancy Permit Deposit requirement referred to in paragraph
3.16(1) is based on the following "Occupancy Permit Scale" of the Town
which is current on the date of execution of this Agreement:
up to 50 tots
51 to 100 lots
101 to 250 lots
251 to 500 lots
over 500 lots
$10,000.00
$15,000.00
$20,000.00
$30,000.00
$50,000.00
The Owner agrees with the Town that the Town in its discretion may amend
its Occupancy Permit Scale from time to time.
ARTICLE 4 - PLANNING
4.1 Not Used
4.2 Landscapinl Plan and Landscapine Requirements
(1) Prior to the issuance of any Authorization to Commence Works on the
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Lands, the Owner shall obtain the written approval of the Director of
Ptanning and the Director of Public Works to a "Landscaping Plan" (as
hereinafter defined) for such Phase.
(2) Prior to the execution of this Agreement, the Owner shall retain a
qualified tandscape architect acceptable to the Director of Ptanning and the
Director of Public Works. The landscape architect shall prepare a draft
Landscaping Plan showing, amongst other things, boulevard road areas and
vegetation, and trees to be planted thereon. The draft Landscaping Plan
shall conform with and implement the Town's Landscaping Design Criteria,
as amended from time to time and the provisions of this Agreement. When
the draft Landscaping Plan has been settled to the satisfaction of the aforesaid
Directors and approved by them, it is the "Landscaping Plan" for the purposes
of this Agreement.
(3) The Parties acknowtedge that the Landscaping ptan contained in
Schedule "U" hereto is the Landscaping Plan for the purposes of this
Agreement.
(4) The Owner agrees that its cost to satisfy the following requirements:
(a) all lots in Urban Areas are to be sodded and all lots in Rural Areas
are to be sodded/seeded, as may be required by the Director of
Planning, within one (1) year of occupancy of the dwellings;
(b) a minimum of one (1) tree per lot shall be planted on the street
allowances in accordance with the provisions of this paragraph 4.2(4).
(c) all trees shall be a minimum of three point five (3.5) m in height and
six (6) cm in calliper, staked and bagged;
(d) screen planting and fencing shall be provided between residential uses
and other uses in accordance with the Town's landscaping design
criteria and the relevant Landscaping Plan;
(e) fencing shall have a minimum height of one point eight (1.8) metres.
Chain-link fencing is not permitted except in areas abutting walkways
and then only in accordance with the Town's landsc~ping design criteria
and the relevant Landscaping Plan; and
(f) where wood fencing is proposed, it must be constructed either of
pressure treated wood or wood of equivalent longevity in the opinion
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of the Director of Planning.
(5) The Owner agrees, at its expense, to provide and install trees,
vegetation and fencing and to satisfy the other requirements of the
Landscaping Plan expeditiously during the construction of dwellings on the
Lands. Any default by the Owner in satisfying any of the requirements of
paragraph 4.2 may be remedied or corrected by the Town at the Owner's
cost. Without limiting the Town's rights under any other provision of this
Agreement, the Owner acknowledges and agrees with the Town that the
Town may appropriate a portion of the Performance Guarantee to indemnify
the Town in respect of the cost of remedying or correcting any such default
of the Owner at any time when deemed necessary by the Director of Planning.
Forthwith, after the Director of Planning gives the Owner written notice of
the amount so appropriated, the Owner shall restore the Performance
Guarantee to the amount required by this Agreement.
4.3 Use of Lands
The Lands shall not be used for any purpose other than the purposes set out
in Schedule "M" hereto, provided that such purpose is permitted by the Town's By-
law 84-63, as amended from time to time.
4.4 Not Used
4.5 Not Used
4.6 Requirements for Buildinll Permits
The execution of this Agreement by the Town, the approval by the Town of
the 10M Plan, and the issuance of any Certificate of Acceptance of Works, do not
constitute a representation or covenant by the Town to any person, nor shall be
taken to give any assurance to the Owner or to any other person that building
permits for buildings proposed to be constructed on any portion of the Lands when
applied for, will be issued. Without limiting the generality of the foregoing, the
Owner will not apply for or cause or permit an application to be made by any person
for a building permit for a building proposed to be constructed on any of the Lands,
made until the foHm"/ing requirements are satisfied:
(a) all easements for the purposes of the Town, the Region of Durham or the
Newcastle Hydro-Electric Commission or for the purpose of Utilities and
Services referred to in Schedule "H", or for the purpose of drainage in the
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lot(s) or block(s) in respect of which an application for a building permit(s)
is made, have been transferred to the appropriate person as required by this
Agreement;
(b) all the roads which are required to be constructed to provide access to the
proposed building in accordance with this Agreement, have been constructed
at least to the completed base course of asphalt, and the Director has given
the Owner his written approval of them as being sufficient to provide in his
opinion adequate access to the proposed building(s);
(c) all of the Works required to be constructed and installed under road(s)
referred to in paragraph 4.6(b) have been constructed and installed to the
satisfaction of the Director;
(d) all of the Utilities and Services required to be constructed and installed
pursuant to Schedule "H" have been constructed and installed and have been
accepted by the Newcastle Hydro-Electric Commission and/or the authority
or company having jurisdiction over such Utilities and Services. Alternatively,
the Town has received written confirmation from such Commission, authority
or company, as the case may be, that sufficient financial security(s) have been
received by it (them) on which it or they may draw to payor to reimburse
itself (themselves) in respect of the costs of the design, construction and
installation of such Utilities and Services if the Owner fails to construct and
install them;
(e) the Owner has provided the Director of Planning with a paper draft of the
registered Plan of Subdivision of the Lands, (the Owner shall provide the
Director of Planning with a mylar copy of such registered Plan of Subdivision
forthwith after it is made available to the Owner by appropriate Land Registry
Office);
(0 the Devetopment Levies required to be paid by the Owner to the Town
pursuant to paragraph 3.4 and Schedule "0" have been paid in respect of
the lot(s) or block(s) for which application is made for a building permit;
(g) the Owner has deposited with the Town the Occupancy Permit Deposit as
required by paragraph 3.16 of this Agreement and it is in good standing;
(h) the Performance Guarantee and in all cases required by this Agreement, the
Security for the Maintenance Guarantee provided for in this Agreement have
been deposited with the Town and are in good standing;
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(i) the applicant has submitted a Site Plan satisfactory to the Director and
certified as being correct by the Owner's Engineer which demonstrates to
the satisfaction of the Director that the final grades of the lot(s) or block(s)
in respect of which the application for a building permit(s) is made are
appropriate for the building(s) proposed to be constructed thereon, the
grading of the .lot(s) or block(s) in question and the proposed access thereto
conforms with the Grading and Drainage Plan approved by the Director for
the particutar tot(s) or block(s) as well as with the Town's Design Criteria and
Standard Detail Drawings;
G) the Owner has erected or caused to be erected a sign displaying all road(s),
lot(s) or block(s) within the Plan sufficient to illustrate the future housing
types and distribution, the location of any park, open space, school or
commercial blocks proposed on the said Lands, as well as all future uses for
lands which abut the said Lands as identified by an approved Official Plan,
Neighbourhood Plan, or Hamlet Development Plan and/or an approved
Draft Plan of Subdivision of such abutting lands;
(k) (i)
the Owner has constructed access routes to the subdivision "in
satisfaction of the requirements of Subsection 3.2.5.2(6) of the Ontario
Building Code and has installed all necessary watermains and hydrants
which are fully serviced;
(ii) the Owner has agreed with the Town that during construction of
buildings fire access routes will be maintained continuously as required
by Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible
waste will be maintained in accordance with Subsection 2.4.1.1 of the
Ontario Fire Code, and open burning will not occur contrary to
Subsection 2.6.3.4 of the Ontario Fire Code;
(Hi) the ,Owner has agreed with the Town to comply with the Ontario Fire
Code with respect to Combustible Waste (Subsection 2.4.1.1) and
Open Burning (Subsection 2.6.3.4);
(iv) the Owner has agreed with the Town to have regard for the
"Guidelines to Fire Prevention" published jointly by the Ontario Home
Builder's Association and the Toronto Home Builder's Association in
respect of construction of dwellings;
(1) the Owner has provided written confirmation that all dwelling(s) to be erected
on the Lands in which the lot(s) or block(s) in question is located, satisfy the
- -
- _.,-,...,.~.._.-_...,.-.----,---,._-.--"-'_.~'---"-
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Architectural Con trot Standards contained in Schedute "W" hereto; and
(m) the Owner has satisfied the requirement of paragraph 4.12 of this Agreement.
4.7 Model Homes
(1) Notwithstanding the provisions of paragraph 4.6 of this Agreement,
the Owner may apply for building permit(s) for model home(s) to be used
for sales display purposes which it proposes to construct on not more than
ten (10%) percent of the total number of lot(s) within the registered Plan of
Subdivision of the Lands, provided that:
(a) each such application is in conformity with all By-laws of the Town,
the Ontario Building Code Act and the Ontario Building Code;
(b) all building permit fees, Occupancy Permit Deposits and the
Development Levies provided for in this Agreement have been paid
to or deposited with the Town as. is required by law and this
Agreement;
( c) the Owner has satisfied the Director. that the final grades of the lot( s)
or bloc~\:(s) is appropriate for the proposed model home(s) and that
such final grades are in compliance with the Grading and Drainage
Plan;
(d) the Owner has complied with the provisions of paragraphs 4.6(1) and
4.6(n) of this Agreement.
(2) Prior to the date of issuance of any building permit for a model
home(s), the Owner shall obtain the approvat of the Director of the proposed
access to the model home(s) in question. In each case, such access shall be
to the satisfaction of the Director and the Town's Fire Chief.
(3) Any modet home(s) constructed on the Lands shall be used for sales
display purposes only and shall not be occupied for any residential purpose
until such time as the provisions of paragraphs 4.6 and 4.10 of this Agreement
have been complied with. If such model home(s) is occupied for residential
purposes contrary to the provision of this paragraph 4.7(3), then without
derogating from any rights of the Town may have under this Agreement, a
statute, a regulation, or a by-taw, the provisions of paragraph 3.16 shall apply
and shall be complied with by the Owner on each occasion that such
, ,
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unauthorized occupation takes place.
(4) The Owner understands and agrees with the Town that if the Owner
constructs or causes or permits any person to construct one (1) or more
model home(s) on any part of the Lands prior to the day on which the
watermains and hydrants on the Lands or any part of them are fully serviced
and operational for fire protection purposes to the satisfaction of the Town's
Fire Chief, the construction and/or use of the model home(s) is entirely at
the risk of the Owner. The Owner shall save the Town harmless and
indemnify the Town from and against all actions, claims, liabilities, losses,
damages and expenses, including reasonable legal fees, which arise by reason
of construction and/or use of such modet home(s), and the provisions of
paragraph 3.8(1) shall apply with all necessary changes to it being considered
to have been made to give effect to the intent of this paragraph 4.7(4).
4.8 Architectural Control Standards
All dwellings to be erected shall satisfy the Architectural Control Standards
as contained in Schedule "w" hereto.
4.9 Requirements for Sale of Lands
Without derogating from any other provision of this Agreement the Owner
shall not sell the Lands or anyone (1) or more portions of the Lands until each of
the following conditions is satisfied:
(a) the transfers of easements referred to in paragraph 2.4 have been registered
in accordance with paragraph 2.6;
(b) where a building permit has not been issued in respect of a lot(s) or block(s)
shown on the Ilan which is proposed to be sold, the Owner has obtained
from the prospective purchaser an enforceable covenant made directly with
the Town by which such purchaser agrees with the Town, that prior to the
issuance of a building permit for a building on the land in question, he will
deliver to the Town, the Newcastle Hydro-Electric Commission, other
authority and/or company, as the case may be, any transfers of easements
as in such lot(s) or block(s) which are required for Town, Region of Durham
and Utilities and Services or drainage purposes, as determined by the
Director, forthwith after written request by the Director therefor is given to
the Owner;
,~
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27
(c) the Owner has obtained from such prospective purchaser of a totes) or
block(s), a licence to permit the Owner and/or Town, to enter on the lot(s)
or block(s) in question in order to perform the Owner's obligations under this
Agreement and to permit the Town to exercise its rights under this Agreement
to correct or remedy a default of the Owner in such performance;
(d) the Performance Guarantee, the Security for the Maintenance Guarantee and
all cash deposits or letters of credits required by this Agreement have been
deposited with the Town and all letters of credit deposited with the Town are
in good standing; and
(e) the Owner has included in the Agreement to purchase the Lands or the lot(s)
or block(s) on the Plan which is entered into by the prospective purchaser(s)
as the case may be, a notice that the Lands are subject to the covenants and
obligations set forth in this Agreement, and without limiting the generality
of the foregoing, are subject to the provisions of paragraph 6 in respect of
the obligations of subsequent owners;
4.10 Requirements for Occupancy Pennit
(1) Notwithstanding the requirements of any statute, regulation or by-law
respecting the issuance of any permit authorizing or permitting the occupancy
of any building, the Owner shall not occupy or cause or permit any building
on the said Lands to be occupied without the written permission of the Town
(the "Occupancy Permit") having been given. In addition to satisfying the
other requirements of this Agreement, an Occupancy Permit shall not be
issued to any person for any building until the following requirements are
satisfied:
(a) all of the roads which are required to be constructed under this
Agreement, and which will provide access to such building, have
received die application of the base course of asphalt, to the written
satisfaction. of the Director and the required street lighting system has
been installed and energized,. all at the cost of the Owner;
(b) all of the storm drainage system required to be constructed and
installed to service such building has been constructed and installed
to the written satisfaction of the Director, and such building has been
connected thereto;
(c) all of the Utilities and Services, with the exception of telephone and
"3 .,
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cable T.V., which are required to be constructed, installed and
connected to the building pursuant to Schedule "H,j~ have been so
constructed, installed and connected to the written satisfaction of the
Director, the Newcastle Hydro-Electric Commission or the authority
or company having jurisdiction over such Utilities and Services, as is
appropriate;
(d) the building has been connected to and is serviced by a water supply
and sewage disposal system to the written approval of the Region of
Durham;
(e) either the Owner's Engineer has provided the Director with his written
certification that the lot(s) or block(s), on which such building is
located has been developed in conformity with the Grading and
Drainage ptan, or the Owner has given written approval by the
Director to vary the requirements of the Grading and Drainage Plan
with respect to the lot(s) or btock(s) in question; and
(f) the building has been finally inspected and approved pursuant to the
Ontario Building Code Act, the Ontario Building Code and the
Plumbing Code.
(2) Notwithstanding the provisions of paragraph 4.10(1)(e), the Owner
shall be issued a ''Temporary Occupancy Permit" to permit the occupancy of
a dwelling in the event the Owner establishes to the satisfaction of the
Director that it has not been able to compty with the requirements of
paragraph 4.1O( e) by reason of seasonat, weather or other conditions which
are considered by the Director, in his discretion, to be beyond the con trot
of the Owner. Prior to the commencement of a permitted temporary
occupancy of a dwelling, the Owner shall establish, to the satisfaction of the
Director of Planning that the provisions of paragraphs 4.10(a), (b), (c), (d)
and (f) have been satisfied. The Owner also shall provide to the Town the
written confirmation required by paragraphs 4.10(e) within one (1) year from
the date of the commencement of the temporary occupancy of the dwelling
pursuant to a Temporary Occupancy Permit. Until such written certificate
is provided to the Town, the Town may retain the Occupancy Permit Deposit
provided for by paragraph 3.16 of this Agreement.
4.11 Cash in Lieu of Lands for Park or Other Public Recreational PUl])oses
On the execution of this Agreement, the Owner shall pay to the Town in cash
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the amount of cash in lieu of the transfer of land to the Town for park and other
public recreational purposes set out in Schedule "F'.
4.12 Special Conditions
(1) During construction on the Lands the Owner shall maintain fire access
routes to the satisfaction of the Town's Fire Chief.
(2) The Owner shall comply with the provisions of Schedule "Q" hereto -
Conservation Authority's Work.
(3) The Owner shall comply with the provisions of Schedule "V" hereto -
Requirements of Other Agencies.
ARTICLE 5 - PUBLIC WORKS
5.1. Town Works ReqJlired
The Owner covenants and agrees with the Town, at the Owner's expense, "'to
construct and install the facilities, services, works, improvements and landscaping
more particularly described in Schedule "G" hereto (which in this Agreement
collectively are called the "Works"). From the date of the commencement of the
construction and installation of the Works until the date of issuance of a Certificate
of Acceptance of therr. the Owner shall be fully responsible for the maintenance of
the Works including the cost thereof. After the issuance of a Certificate of
Acceptance, the Works referred to in such Certificate shall be the responsibility of
the Town.
5.2 Utilities and Services Required
Either prior to or forthwith after the date of this Agreement, the Owner shall
enter into an Agreement(s) with the Newcastle Hydro-Electric Commission and/or
such other authority or company having jurisdiction in respect of the Utilities and
Services referred to in Schedule "H" in the area in which the said Lands are located
which provides for the matters referred to in Schedule "H".
5.3 Owner's EnlPneer
The Owner shall retain a Professional Civil Engineer, registered by the
Association of Professional Engineers of Ontario (the "Owner's Engineer") who
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shall perform the duties set out in Schedule "I". Forthwith after retaining its
Engineer, the Owner shall give the Director written notice of the name and address
of the Owner's Engineer. The Parties acknowledge that D. G. Biddle and Associates
Ltd. has been retained as the Owner's Engineer.
5.4 Detjen of Works
(1) The Owner covenants and agrees that the design of all the Works
shall conform with the Town's Design Criteria and Standard Detail Drawings.
In the event of any dispute as to such requirements or their interpretation,
the dispute sh'lll be resotved by the Director whose decision shall be final.
(2) The Owner shall provide and submit to the Director all necessary
Engineering Drawings and obtain all approvals for the construction and
installation of the Works, as required by this Agreement.
(3) On the execution of this Agreement, the Owner, at its expense, shall
transfer to the Town any land or easements considered necessary in the
opinion of the Director to accommodate the construction, installation ahd
maintenance of the Works. For greater certainty, the Parties agree that the
provisions of paragraphs 2.4 and 2.6 shall. apply in respect of any such
transfers of easements with all necessary changes to being considered to have
been made to give effect to the intent of this paragraph 5.4(3). Each transfer
of land shall be in fee simple absolute, and free and clear of all encumbrances
and restrictions. It shall be prepared by the Owner in registerable form and
be satisfactory to the Town's Solicitor. At the time of delivery of each
transfer of tand to' the Town, the Owner shall pay to the Town in cash or by
certified cheque an amount equal to any tax, fee or charges payable at the
time of or in respect of the registration of such transfer against title to the
lands to which it applies.
5.5 Approval of En~neerinl Drawinls
Prior to the issuance of any Authorization to Commence Works, the Owner
shall obtain the written approvat of the Director of all necessary drawings of the
Works (the "Engineering Drawings"). If construction and installation of the Works
has not commenced within two (2) years from the date of approval of the
Engineering Drawings, the Engineering Drawings shall be resubmitted to the
Director for his reconsideration and approval after any revisions required by the
Director have been made to them (the "Reapproved Engineering Drawings").
From and after the approval by the Director of the Reapproved Engineering
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Drawings, they shall be deemed to be the Engineering Drawings for the purpose
of this Agreement, and thereafter all Works shaH be constructed and installed in
accordance with them.
5.6 APproval of Gradine and Drainale Plan
Prior to the issuance of any Authorization to Commence Works, the Owner
shall obtain the written approval of the Director of an appropriate Plan showing
thereon the existing drainage pattern on all lands adjacent to the Lands, and all
proposed grading and drainage Works for the said Lands, and 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 (the "Grading and Drainage Plan").
The written approval of the Director of the Grading and Drainage Plan shall be
obtained prior to the commencement of construction or installation of any of the
Works on the Lands. If construction of such Works is not commenced within two
(2) years from the date of approval of the Grading and Drainage Plan, the Grading
and Drainage ptan shall be resubmitted to the Director for his reconsideration, and
approval by the Director after any revisions required by the Director have been
made to it, (the ''Reapproved Grading and Drainage Plan"). From and after the
approval by the Director of the Reapproved Grading and Drainage Plan, it shall
be deemed to be the Grading and Drainage Plan for the purposes of this Agreement,
and thereafter all Works shall be constructed and,installed in accordance with it.
5.7 Not Used
5.8 Approval or Schedule of Works
Prior to the issuunce of any Authorization to Commence Work, the Owner
shall obtain the written approval of the Director of a draft schedule (the "Schedule
of Works") which sets out the time at which, and the sequence in which, the Owner
proposes to construct and install each of the Works, Utilities and Services which
are required to be constructed and installed by it in accordance with this Agreement.
5.9 Approval of Works Cost Estimates
Prior to the issuance of any Authorization to Commence Works, the estimated
cost of construction and installation of the Works, (the "Works Cost Estimates"), shall
be approved by the Director and entered in Schedule "]" hereto.
5.10 Requirements for Authorization to Commenc~ Works
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(1) The Owner shall not commence the construction or installation of any
of the Works without the written permission of the Town, (the "Authorization
to Commence Works"). The Owner shall only commence the construction
and installation of those Works permitted by the Authorization to Commence
Works. In addition to satisfying of the other requirements of this Agreement
in respect thereof, an Authorization to Commence Works shall not be issued
for any of the Works for which the Authorization is sought until the following
conditions have been satisfied:
(a) the final Plan of Subdivision of the Lands has been approved by the
Region pursuant to the Planning Act, 1983;
(b) the final ptan of Subdivision of the Lands has been registered against
the title to the Lands;
(c) the Own~r has delivered to the Town (I) a copy(s) of this Agreement
as registered against the title to the Lands; (2) a copy(s) of the
registered Plan of Subdivision of the Lands; and (3) a copy(s) of the
other Agreement(s) referred to in paragraph 2.3 of this Agreement;
(d) the Owner has paid to the Town any monies required by paragraphs
3.1, 3.2, 3.3, 3.4 and 5.27 of this Agreement;
(e) the Owner has delivered the transfers of easements to the Town in
accordance with paragraphs 2.4 and 2.6 of this Agreement;
(f) the Owner has delivered to the Town transfers of the lands and paid
the required cash in accordance with paragraphs 2.5 and 3.5 of this
Agreement, and such transfers have been registered against the title
to the appropriate lands;
(g) the Owner has delivered to the Town letters signed on behalf of the
Newcastle Hydro-Electric Commission, and/or other authority or
company having jurisdiction with respect to the Utilities and Services
that are referred to in Schedule "H" that satisfactory Agreement(s)
have been entered into by the Owner with them for the design,
construction, installation and services of the Utilities and Services as
is required by paragraph 5.2 of this Agreement;
(h) the Owner has retained an Engineer in compliance with paragraph 5.3
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of this Agreement and has confirmed the name and address of its
Engineer to the Director in writing;
(i) the Owner has been given the written approval of the Director of the
Engineering Drawings as required by paragraph 5.5 of this Agreement;
(j) the Owner has received written approvats of the Director of Planning
and the Director of Public Works of the Landscape Plan as required
by paragraph 4.2 of this Agreement;
(k) the Owner has received the written approval of the Director of the
Grading and Drainage Plan required by paragraph 5.6 of this
Agreement;
(1) the Owner has received the written approval of the Director of the
Schedule of Works as required by paragraph 5.8 of this Agreement;
(m) the Owner has received the written approvat of the Director to the
Works Cost Estimates; "'
(n) the Owner has deposited with the Town the Performance Guarantee
required by paragraph 3.4 and other provisions of this Agreement and
has made all cash payments to and deposited all letters of credit with
the Town as required by this Agreement;
(0) the Owner has deposited with the Town all policies of insurance or
proof thereof required by paragraph 3.9 and Schedule ilK" of this
Agreement;
(p) the Owner has paid all costs required to be paid to the Town by
paragraph 3.14 of this Agreement on Of prior to the date of issuance
of the Authorization to Commence Works;
(q) the Owner has made all payments to and deposited all letters of credit
with the Town in respect of the External and/or Oversized Services
that are required by paragraph 5.27 of this Agreement;
(r) the Owner has deposited with the Director the Certificate(s) of
Approval issued by the Ministry of the Environment with respect to
the watermain, sanitary and storm sewers for which Authorization to
Commence. Works is sought;
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34
(s) the Owner has deposited with the Director a copy of the written
approval of the Ministry of Natural Resources for site drainage and
a soil erosion control plan that shows all proposed surface drainage
works and describe the means to minimize on-site erosion and
sedimentation and the direct discharge of stormwater flow into
Bowmanville Creek and its tributary, both during and after
construction;
(t) any proposed alterations to the existing watercourses have been
approved by the Ministry of Natural Resources pursuant to the Lakes
and Ri {ers Improvement Act and written confirmation thereof has
been deposited with the Director;
(u) prior to the commencement of site preparation of the Lands in
question, the Owner has obtained the Central Lake Ontario
Conservation Authority's approvat of a one hundred (100) year storm
overland flow routing for the Lands and has deposited with the
Director written confirmation thereof;
(v) prior to the commencement of site preparation of the Lands, including
rough grading of road(s), the Owner has obtained the Central Lake
Ontario Conservation Authority's approval of sediment control and
grading plans for the Lands and has deposited with the Directorwritten
confmnation thereof; and
(w) the Owner has deposited with the Director, the Owner's agreement
to notify the Undsay Ministry of Natural Resources at teast forty-eight
(48) hours prior to the initiation of any grading, excavation or
construction of Works or developments of the Lands.
(2) Notwithstanding the provisions of paragraph 5.10(1), the Owner may
commence the construction and installation of the Works with the written
approval of the Director prior to the registration of the Plan of Subdivision
referred to in paragraph 5.10(1)(b), provided that the requirements of clauses
5.10(1)(c), (d), (g), (h), (i), (j), (k), (I), (m), (n), (0), (p), (q), (r) and (s) have
been satisfied by the Owner. In such a case, however, a Certificate of
Acceptance of the Works, shall not be issued by the Director until a Plan of
Subdivision of the Lands has been registered against the title to the Lands
and all the other requirements of this Agreement respecting the issuance of
a Certificate of Acceptance have been satisfied. Notwithstanding the approval
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of the Director under this paragraph 5.10(2), the Owner agree.s with the Town
that the construction or installation of any of the Works pursuant to paragraph
5.10(1), if undertaken, shall be undertaken at the sole risk of the Owner and
the Owner hereby waives any right that he might have to compensation by or
damages from the Town that he might otherwise have as a result of its
construction and installation of any of the Works.
5.11 Not Used
5.12 Inspection and Stop Work
The Owner shall ensure that every contract that may be made by the Owner
with any contractor to construct or install any of the Works shall provide that
employees or representatives of the Town may, at any time, inspect the work of
such contractor and shall require the contractor to comply witb stop work orders
given by the Director pursuant to this paragraph 5.12. The Director, after
consultation with the Owner's Engineer, may give the Owner, if it does not retain
a contractor, or if it does, the Owner's contractor, a written order to stop any work
that is being undertaken if, in the Director's opinion, either the work is not being
undertaken such that a completed construction and installation of the Works
satisfactory to the Town in accordance with this Agreement will result, or if the
Performance Guarantee required to be provided pursuant to this Agreement in
respect of the Works is not maintained in good standing. The Owner and the
Owner's contractor shall comply with the stop work order forthwith on it being given
by the Director.
5.13 (::onstruction in Accordance with Eneineerine Drawin&:s
(1) The Works shall be constructed and installed in accordance with the
Engineering Drawings as approved by the Director. No deviation from the
Engineering Drawings is permitted unless such deviation is authorized in
writing by the Directo~ before it is undertaken. All construction and
installation of the Works, shall be undertaken and carried out by the Owner
or by the Owner's contractor, as the case may be, in accordance with the
regulations for construction set out in Schedule "L".
(2) The Owner shall keep tbe Town road surfaces and ditches clean of
dirt, mud and refuse until all Works contemplated by this Agreement
including the "Storm Sewer Work" (as hereinafter defined) have been
completed. After the expiry of twenty-four (24) hours following the giving of
written notice requiring the Owner to do so, if the Owner has not performed
if!
36
its obligations under this paragraph 5.13(2), the TQwn may do so and deduct
the reasonable cost thereof from the Performance Guarantee. The Owner
shall restore the Performance Guarantee to the amount otherwise required
by this Agreement, forthwith after the Director gives the Owner written notice
of the amount of the deduction in question.
5.14 Sequence of Construction of Works
Following the issuance of an Authorization to Commence Works, the Owner
shall proceed in good faith to construct and install all of the Works referred to in
the Authorization to Commence Works continuously and in accordance with the
timing and sequence therefor set out in the Schedule of Works.
5.15 Completion Time for Cons,ructipn of Works
Within two (2) years of the date of the issuance of an Authorization to
Commence Works, the Owner shall complete the construction and installation of
all of the Works authorized in such Authorization to Commence Works with the
exception of the curbs, sidewalks, final coat of asphalt, final lot grading, driveway
approaches, sodding and tree planting which may be completed later if done so in
accordance with the provisions of the Schedule of Works.
5.16 Minor Additional Work
Until the conclusion of the Maintenance Guarantee Period referable thereto,
if in the opinion of the Director, any minor or incidental additional work is required
to provide for the adequate operation and functioning of any of the Works, the
Owner, at its cost, shall construct and install such additional facilities and perform
such additional work as the Director may request from time to time by written
notice given to the Owner.
5.17 Incomplete or Faulty Works and Liens
(1) If, in the opinion of the Director, the Owner is not constructing and
installing or causing to be constructed or installed any of the Works required
by this Agreement so that it will be completed within the time specified for
such completion in the Schedule of Works, or if the Works are being
improperly constructed or installed, or if the Owner neglects or abandons
the said Works or any part of them before completion, or unreasonable delay
occurs in the execution of the same, or for any other reason the Works are
not being constructed or installed properly and promptly and in full
l{A.
37
compliance with the provisions of this Agreement, or the Owner negtects or
refuses to reconstruct or reinstall any of the Works which may be rejected
by the Director as defective, deficient or unsuitable, or the Owner in the
opinion of the Director otherwise defaults in performance of this Agreement,
then in any such case after receiving the authority of the Town Council, the
Director may give the Owner notice in writing of such default, neglect, act
or omission. Following the later to occur of the expiry of ten (10) business
days, excluding Saturdays, after the giving of such notice and the expiry of
such additional period as may be specified in the notice given to the Owner
by the Director, the Town, at the cost and expense of the Owner, may employ
a contractor or such workmen and purchase such services, supplies and/or
services as in the opinion of the Director are required for the proper
completion of the Works in accordance with this Agreement. In cases of an
emergency, as determined by the Director in his discretion, any deficiency(s)
or defect(s) in the Works, or any failure to complete the Works in accordance
with this Agreement, may be corrected or remedied by the Town at the cost
and expense of the Owner without prior notice to the Owner, provided that
forthwith after the Town so acts, the Director shall give written notice to the
Owner describing the emergency, the action taken by the Director, and the
cost of correcting the deficiency or defautt in question. The cost of any work
which the Town undertakes under this paragraph 5.17(1) shall be determined
by the Director in his discretion and his decision shall be final. It is
understood and agreed by the Parties that the cost for which the Owner is
responsible under this paragraph 5.17(1) shaH include a management fee to
the Town either of thirty (30%) percent of the 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 costs incurred by the
Town to complete the Works in question. The Owner shall reimburse the
Town for the cost of all Works, and tbe cost of correcting or remedying all
deficiencies, defects and defaults pursuant to this paragraph 5.17(1) which
have been incurred by the Town forthwith after the Director gives the Owner
written demand for payment of such cost.
(2) In the event that any construction liens are filed under the Construction
Lien Act, such fHing(s) shall constitute a default in performance by the Owner
of this Agreement. In any such case, the Director may notify the Owner in
writing of such defautt. If the Owner fails to discharge the lien claimant
within ten (10) business days, excluding Saturdays, after the giving of such
notice, or within such further period of time as may be specified in the notice,
then the Town may pay the full amount of the claim and costs into a Court
of competent jurisdiction. The Town is hereby authorized by the Owner to
.
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draw on and appropriate the whole or any portiones) of the Performance
Guarantee to indemnify the Town against the costs and expense so incurred
by the Town. In the event that the Town draws on and appropriates any
portion of the Performance Guarantee to satisfy the claim of anyone (I) or
more construction lien claimants and costs, forthwith after tbe Director gives
written notice to the Owner requiring it to do so, the Owner shall reinstate
the Performance Guarantee and/or the Security for the Maintenance
Guarantee, as the case may be, to the full amount(s) required under the
provisions of this Agreement.
5.18 Entry for Emereency Repairs
In addition to the Town's other rights under this Agreement, the Owner
acknowledges and agrees that at any time and from time to time, employees or
representatives of th~ Town who are authorized by the Director, or contractors
retained by the Town may enter on the said Lands for the purpose of making
emergency repairs to any of the Works. Such entry and repairs shall not be deemed
to be an acceptance of any of the Works by the Town, nor an assumption by the
Town of any responsibility or liability in connection therewith, or a release by the
Town of the Owner from any of its obligations under this Agreement.
5.19 Damaee to Existin& Services
Forthwith after written demand therefor is given by the Director to the
Owner, the Owner shall pay to or to the direction of the Town, the cost of repairing
any damage to any property or services of the Town, the Region, or any utility
authority or company or (the "Damaged Services") including without limiting the
generality of the foregoing, any road(s), water, electrical, gas, telephone, cable
television and sewer systems, and the cost of relocating any Damaged Services,
caused by or resulting from the development of anyone (1) or more portions of the
Lands, or the construction or installation of any of the Works, provided that all such
repairs and or relocation(s) are completed to the satisfaction of the Director, the
Region and the relevant utility authority or company which owns or is responsible
for the Works, property or services in question. In addition, the Owner agrees with
the Town, at the Owner's cost, to relocate any of the Works constructed or installed
pursuant to this Agreement which are located in driveways or so close thereto as
in the opinion of the Director will interfere with the use of the driveway in question,
forthwith after being given written notice by the Director requiring the Owner to
undertake such relocation.
5.20 Damaee to Neiebbourine Wells
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L.-{v(
39
(1) Prior to the commencement of and during the period of construction
or installation of the Works, the Owner shall cause to be carried out, at its
expense, the ground water monitoring program which has been approved by
the Director pursuant to this paragraph 5.20(1), (the "Monitoring Program").
The Monitoring Program shall be prepared in draft form by a qualified
hydrogeologist (the "Hydrogeologist") who shall be retained by the Owner, at
the Owner's expense, after the Hydrogeologist is first approved by the
Director. The draft Monitoring Program shall be submitted to the Director
for his consideration and approval. After the Monitoring Program has been
.approved, it shall be implemented by the Hydrogeologist. The Monitoring
Program shall describe the number and location of the piezometric
observation wells which are to be installed by the Owner, and the frequency,
method of ObSeIyation, method of collection and recording of data and the
timing, form and addressees of the report of the Hydrogeologist's analyses and
findings to the Town, as well as such other matters as the Director considers
to be appropriate. After the draft Monitoring Program has been approved
by the Director with or without such modification(s) as he may consider
appropriate, it is the "Monitoring Program" for the purposes of this
Agreement.
(2) For the duration of the Monitoring Program, the Owner, at its cost,
shall cause the Hydrogeologist to provide the Director with a copy of all
reports prepared by him in connection with or in implementation of the
Monitoring Program forthwith after they are prepared. For the duration of
the Monitoring Program, the Owner atso shall cause the Hydrogeologist to
make available to the Director, at no cost to the Town, forthwith after a
written request therefore is given to the Hydrogeologist by the Director, a
copy of all data collected and all analyses made in connection with or
implementation of the Monitoring Program. Forthwith following the
completion of the Monitoring Program, the Owner shall. cause the
Hydrogeologist to provide to the Director, at no cost to the Town, a copy of
all data collected and all analyses and reports made by the Hydrogeologist in
connection with or in implementation of the Monitoring Program which
previously have not been provided to the Director pursuant to this paragraph
5.20(2), together with a certificate of the Hydrogeologist, in a form satisfactory
to the Town Solicitor that all the data, analyses and reports required to be
provided to the Director by this paragraph 5.20(2), have been provided to
him. In addition to the foregoing, the Owner shall cause the Hydrogeologist
to prepare separate reports, to the satisfaction of the Director for each and
every occurrence of apparent well interference caused by construction activity
4{
40
within the Lands and reported to the Town, and to deliver the same to the
Director, at no cost to the Town, forthwith after each of them is completed.
(3) If after considering a report thereon from the Director in this regard,
Town Council determines that the well or private water supply of any
person(s) outside the Lands 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 of short
term duration (i.e. during the course of dewatering and excavation
and within one (I) month of the completion of dewatering), in the
opinion of the Town Council, the Owner shaH make available to the
affected Party(s), a temporary supply of water at no cost to the affected
Party(s); or
(b) where in the opinion of the Town Council the interference to a well
or privfI.te water supply is of a long term duration, , at the option of
the Owner and at its cost, the Owner shall connect the affected Party's
property to the Town water supply system or provide a new well "'or
private water system for such affected Party(s) so that water supplied
to the affected party's property shall be of a quality and quantity at
teast equat to the quality and quantity of water enjoyed by the affected
Party(s) prior to the interference, as may be required by the Town
Council by written notice given to the Owner.
(4) If the Director gives written notice to the Owner that he has reason
to believe that the well or private water supply of any person(s) outside the
Lands is interfered with or dewatered as a result of the construction or
installation of the Works, forthwith after such notice is given, the Owner shall
cause the quantity of potable water considered to be appropriate by the
Director to be supplied to the affected person(s) free of charge either until
such time as the Town Council, after considering a report thereon from the
Director, decides that the well or private water supply in question has not
been interfered with or dewatered as a result of the construction or
installation of the Works, or until such time as the Owner performs his
obligation under paragraph 5.20(3), as the case may be.
5.21 Use of Works by Town
The Owner acknowledges and agrees that any of the Works may be used by
the Town and such other person(s) who is (are) authorized by the Town for any of
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t-f(,
41
the purposes for which the Works are designed, without interference by the Owner,
and without the payment of any fee or compensation to the Owner, and for such
purposes the Town and other person(s) authorized by the Town may enter upon the
portion(s) of the Lands on which the Works are located.
5.22 Maintenance of Roads after Completion
(1) In addition to any other requirement of this Agreement that the
Owner maintain the Works, if any building(s) on the said Lands is occupied,
the Owner, at the Owner's cost, shall maintain each road(s), which is required
to be constructed and provides access to such building( s) until a Certificate
of Acceptance has been issued for such road(s), and without limiting the
generality of the foregoing, the Owner shall:
(a) maintain the road(s) at all times in a well drained, dust and mud free
condition, suitable for ordinary vehicular traffic, to the approval of the
Director;
(b) during the course of construction and instaltation of the Works,
Utilities and Services pursuant to this Agreement, provide and maintain
safe and adequate access to all occupied buildings; and
(c) erect a sign to indicate that the road(s) are "unassumed road(s)"
which the Town.is not required by Jaw to repair and maintain, to the
satisfaction of the Director.
(2) The Town agrees to snowplough and sand all paved road(s) shown
on the registered Plan of Subdivision of the Lands, for and on behalf of the
Owner until the Certificate of Acceptance of such road(s) has been issued,
provided that until the road(s) are assumed by the Town, the Owner shall
pay to the Town one hundred (100%) percent of the costs of snowploughing
and sanding such road(s), as determined by the Director, from time to time,
and forthwith after being given written notice of such costs by the Director.
(3) The Owner acknowledges and agrees that the undertaking or provision
of repairs or maintenance by the Town under paragraphs 5.18,5.19 or 5.22(2)
in respect of road(s), is not intended nor shall it in any way constitute or be
taken to constitute the approval or assumption by the Town of the road(s) in
question. The road(s) shall not be deemed to have been assumed until both
a Certificate of Acceptance has been issued, and a By-law has been passed
by Town Council dedicating the road(s) as public highway(s) and assuming
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42
it for the purpose of liability to repair and maintain it as provided by the
Municipal Act, and such By-law has been registered in the proper Land
Registry Office.
5.23 Requirements for Certificate of Completion
The Owner acknowledges and 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 certificate that such is the case (the "Certificate
of Comptetion"). In addition to satisfying the other requirements of this Agreement
respecting its issuance, a Certificate of Completion shall not be issued until:
(a) 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 Engineering Drawings; and
(b) the Town is satisfied in respect of the construction and installation of all "of
the Works authorized by such Authorization to Commence Works, that there
are no outstanding construction lien claims for payment by contractors,
subcontractors, suppliers of services or materials or workmen relating to the
construction anti installation of such Works.
5.24 Requirements for Certificate of Acceptance
The Owner acknowtedges and agrees that none of the Works covered by a
Certificate of Completion shall be accepted, nor deemed to be accepted, for the
purpose of this Agreement, until the Director has provided the Owner with written
certificate that they have been accepted by the Town, "the Certificate of Acceptance".
In addition to satisfying the other requirements of this Agreement respecting its
issuance, a Certificate of Acceptance shall not be issued until all of the Works that
are proposed to be covered by such Certificate of Acceptance 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 relevant period set out in paragraph 3.10(3) of this Agreement, all
deficiencies and defects in the Works have been corrected by the Owner, and the
Works should be accepted by the Town.
5.25 Ownership of Works by Town
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43
For greater certainty, the Owner acknowledges and agrees that the Town is
the Owner of all of the Works covered by a Certificate of Acceptance. The Owner
shall have no right or claim thereto, other than as an owner of land abutting a
highway in which such Works are installed.
5.26 Requirements for Certificate of Release
Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of
this paragraph 5.26, and the Works located thereon have been constructed, installed
and accepted by the issuance of a Certificate of Acceptance, the Town shall provide
the Owner with a written release (the "Certificate of Retease") respecting the Lands,
for which a Plan of Subdivision has been registered. The Certificate of Release shall
be in a form suitable for registration or deposit in the proper Land Registry Office.
In addition to the Owner satisfying the other requirements of this Agreement
respecting the issuance of a Certificate of Retease, the Certificate of Retease shall
not be issued until:
(a) a Certificate(s) of Acceptance has been issued for all the Works;
'"
(b) a registered Ontario Land Surveyor, acceptable to the Director and
retained by the Owner at the Owner's expense has provided the Town
with written confirmation that at a date not earlier than the end of the
tongest of the. maintenance periods set out in paragraph 3.10(3) he
has found, ptaced or replaced all standard iron bars shown on the
registered final ptan of Subdivision of the Lands and has found, ptaced
or replaced all survey monuments at all block corners, the end of all
curves, other than corner rounding..~, and aU points of change in
directiop or road(s) on such Plan; and
(c) Town Council has by resolution, acknowledged that the Owner has
satisfied all of the provisions of this Agreement.
From the date of its issuance, a Certificate of Release shall operate as a
discharge of the Owner in respect of the Lands or the portion thereof which are
described therein of the obligations of the Owner under this Agreement with the
exception of (I) the Owner's obligation respecting drainage as provided in this
Agreement; and (2) the Owner's covenant to comply with the requirements of this
Agreement in respect of applications for bllilding permits for dwellings on the Lands.
5.27 Storm Sewer SJ'stem, Storm Sewer Work and Sidewalk Contribution
.
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(1) The "Storm Sewer System" is defined in Schedule "G" hereto. It
includes the "Storm Sewer Work" which is defined in Schedule "P" hereto.
The Owner shall construct and install the Storm Sewer System. The total
estimated costs of the Storm Sewer System inclusive of the Storm Sewer
Work are set out in Schedule "J". The total extended costs of the Storm
Sewer Work are set out in Schedule "P". The Owner acknowledges and
agrees that it will pay the total costs of the Storm Sewer System. TIle Owner
will not seek any credit or rebate for or of any part of the total costs of this
System by reason of it being oversized to accommodate drainage from land
outside the limits of the Lands, whether from or in respect of a charge
imposed by a (the Development Charges) By-law which the Town Council
may pass pursuant to the Development Charge Act, 1989, or in any other
manner, or for any other reason.
(2) On the execution of this Agreement the Owner shall pay the Town
ten thousand ($10,000.00) dollars as its share of the costs of the construction
and installation of the sidewalk described in Schedule "P-I" hereto. The
Owner will not seek any credit or rebate of, from or in respect of a charge
imposed by a Development Charge By-law which the Town Council may pass
pursuant to the Development Charges Act, 1989, or in any other manner, or
for any other reason.
(3) The Owner further agrees with the Town that if the Town passes a
Development Charge By-law applicable to the Lands which comes into effect
and the development charge is based on the "Net Capital Cost" of "Services"
(both terms as defined in the Act), that results or will result from
development in all or a defined part or parts of the Town, the Owner will
not object to such By-law nor complain under the Act of the development
charge imposed by the By-law, or the amount that the Owner or any other
person will be required to pay in respect of deyelopment of the whole or any
portion of the lands which benefit therefrom~on the ground that the costs
of the Storm Sewer System, the Storm Sewer Work and/or the sidewalk
described in Schedule "P-1" have been provided by the Owner, or such costs
have been provided for in this Agreement, or have or have not been included
in the development charge, or that the development charge should have been
imposed in respect of a different defined area(s) of the Town or the whole
Town.
ARTICLE 6 - RESPONSIBILITY OF SUBSEOUENT OWNERS
After the issuance qf the Certificate of Release, the Owner, its successors
..
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c;r.:J
45
and assigns as the owner of each lot(s) or block(s) on the final Plan of Subdivision
registered against the title to the Lands shall have the sole responsibility for the
following which shall be performed or undertaken at his cost:
(a) he shall be responsible for providing and maintaining adequate drainage of
surface waters from such lot(s) or block(s) in accordance with the approved
Lot Grading and Drainage Plan referred to in paragraph 5.6 herein;
(b) he shall be responsibte for compliance with the terms of paragraph 4.5
"Requirements for Building Permits" of this Agreement if, at the date of
issuance of the Certificate for Release, a building permit has not been issued
for the lot(s) or block(s) in question; and
(c) he shall be responsible for the maintenance of fencing required in Schedule
"G" of this Agreement.
ARTICLE 7.. TIME OF ESSENCE
Time is of the essence of this Agreement.
ARTICLE 8 - AUTHORITY TO MAKE AGREEMENT
.
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46
The Owner acknowledges and agrees that the Town has authority to enter
into this Agreement, that every provision hereof is authorized by the taw and is fully
enforceable by the Parties, and that this Agreement is made by the Town in reliance
on the acknowtedgement and agreement of the Owner as aforesaid.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and
seals the day and year first above written and the Parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED
AND DELIVERED
In the presence of:
~~
) THE CORPORATION OF
) OWN OF NEWC STLE
)
)
)
)
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1.1",,"1 ~
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Sam Gust
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.THIS SCHEDULE IS Sc.tU1VULE wA- to the ~ent ~eh has been
authorlzed and approved by By-law No. 89.119 or the Corpomtion of the T~ of .
Nem:astle, enacted and passed the 10th day of July, l!189.
I l1'.q~lf DaCRJYl10N QJf UND$
AD and slDgnlar that c.ertaiJ1 parcel of land and pnmises, ribJAted, lJin8.
and being in the T01m of Newcastle and the Rfgtonal MllnlclpaIity uf Dorbam, and being
comprised of all of Lots 79, 80 81, 82, 83, 84, 95 a.ud 96, Pad or Lots 68, 76 (lylu; between
lA'tts 71 and 79) and 94, Part or the reservE!lS and part of the un.mbdtv.lded portion of Lot
13t Concession 2; on Registered Plan No. 82, Part of Edsall A:veune and Rehder Avenue
Roai*nd Plan No. ~, Part of Edsall Avenue and Rehder Avenue Registered Plan No.
82 and Part of {.at 13, Concession 2, in the GeopHphicaI TownshIp of DalihlltoIlt now
deslpated as Parts 1 to '1 inclusive 011 plan of survey of recnr.d deposited in the Land
r,,/~>. .
Registry omce for the Land III ~'Y Dt91s1on of N$'M."astle (thE!! "Land Registry 0&10.")
(No 10) OD. Phu1 lOR 34!2.
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& of- I 9 + 1.3 / c' 0 0'\. C ., $' $ ("cJ'" .2... 0 ~ /" e.5 ( .1-(- ~ ... -,I /' ( c. '"
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SCHF;DULE "B"
THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been
authorized and approved by By-law No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed the 10th day of July, 1989.
fLAN OF SUBDMSION
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SCHEDULE "C"
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been
authorized and approved by By-law No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed the 10th day of July, 1989.
!:HARGES AGAINST LANDS
(1)
(2)
(3)
MUNICIPAl, TAXES
. LOCAL IMPROVEMENT CHARGES
DRAINAGE CHARGES
(PHid prior to Execution)
(Paid prior to Execution)
(Paid prior to Execution)
s 7
SCHEDULE "D"
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been
authorized and approved by By-taw No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed the 10th day of July, 1989.
DEVELOPMENT. LEVIES
Without fettering in any way the Town Council in the exercise of its discretion
to pass a Development Charge By-law under the Development Charges Act, 1989, which
imposes a development charge as permitted by that Act in respect of the development of
Lands in all or part of the Town including the Lands, after the date of this Agreement, the
Owner agrees to pay to the Town amounts of money (the "Devetopment Levies") calcutated
by applying two thousand, nine hundred and seventy-four ($2,974.00) dollars to each single
family dwelling and each semi-detached dwelling and two thousand, seven hundred and
thirty ($2,730.00) dollars to each townhouse dwelling which the Owner proposes to construct
on the Lands. The Owner shall make the following payments on account of Devetopment
Levies to the Town in the aggregate sum of fifty-thousand, five-hundred and fifty-eight
($50,558.00) in respect of development of the Lands consisting of seventeen (17) single
family dwelling units; zero (0) semi-detached dwelling units; zero (0) townhouse units on
the occasions set out below:
(a) twenty-five (25%) percent of the aforesaid sum being twelve thousand, six
hundred and thirty-nine dollars and fifty cents ($12,639.50) on the execution
of this Agreement;
(b) twenty-five (25%) percent of the aforesaid sum being twelve thousand, six
hundred and thirty-nine dollars and fifty cents ($12,639.50) at the date of the
issuance of the building permit for the first dwelling;
(c) twenty-five (25%) percent of the aforesaid sum being tWelve thousand, six
hundred and thirty-nine dollars and fifty cents ($12,639.50) on the first
anniversary of the issuance of the building permit for the first dwelling, or on
the date of issuance of the building permit for the ninth (9th) dwelling
whichever date is the sooner; and
(d) the remainder of the aforesaid sum being twelve thousand, six hundred and
thirty-nine dollars and fifty cents ($12,639.50), twenty-four (24) months
following issuance of the building permit for the first dwelling or on the date
of issuance of the building permit for the thirteen (13th) dwelling unit
whichever date is the sooner.
Subject to the provisions of the Development Charges Act, 1989:
(a) The Town shall review its schedule of Development Levies annually and may
-2-
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adjust the amount of the Development Levies herein in accordance therewith.
(b) The Owner hereby acknowledges and agrees to such annual adjustment and
further agrees that such adjusted Development Levies shall be applicable to
alllot(s) or block(s) within the Plan for which Development Levies remain
due.
References in this Schedule "D" and in any other provision of this Agreement to
"Development Levies" are to be construed to be references to the Devetopment Levies
required by the Owner pursuant to paragraph 3.4 of this Agreement and this Schedule "D".
They are not to be construed to be or to include references to a development charge that
may be imposed by a Development Charge By-law passed by the Town under the
Development Charges Act, 1989.
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TBJS SCBEDtlLE IS SCHEDULE "E" to the Aireement which has been
authorized and approved by By-Ia.w No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed the 10th day of July, 1.989.
I&-\NS~ gr EAS(MENTS
'1118 Owner shall deliver to the Town t.b.e followma transfen of easoment$:
1)
Parts ~ 2 &; 3. Pl.u ~OR
(between l.ots 5 aud 6 and
Ru.nni:ng through Block 19, on
1ST -87(03)
Put 1, Plan lOR
(Lot 17 o~ 18T-87005)
Storm Sewer P..asement
2)
Front YUQ. Qltchbasin
The Director shall cletet:m.in.e the duration and t.enns of 8J:o/ such easements.
The transfer(s) shall be pl'epared by the, Owner at its cost; shall be free and clear of all
encmnbrances and tesmctiQDS, shall contain oth~r provisioIlS sati.sfactOlY to the Town's
Solicitor, shall be made fur a nominal considention. and shall be' in. registJ:able roDIl..
Prior to the registration of the transfer(s) of such ea...ements again.'Sf: the title to the
applicable I..ands, the Owner agrees with the Town that it will not tecplire the issuance of
building permits for the constnmnon of buildings or structures on the portion of the Lands
within the 10M Plan ol Suh(Hvi~on. in question.
A:J1y easements foJ:' the storm overland flow route and the stOIlIl sewers and
overland flow route. shall be perpetual in dmatiOD.
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VUIO rrTUs cnn5IOM 0'-
~STLE ''''01
PLAN OF SURVEY
OF PART OF LOTS 5 AND 6 AND PART OF
BLOCK 18, REGISTERED PLAN IOM-
TOWN OF BOWMANVILLE now in the
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
SCALE-I'400. C.F. Fl.EISCH"'~. O.LS.. 1991
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METRIC, OtSTMCES SHOWN ON nt'S Pl.AN ARt IN "'[TItES
AND CM lIE CONVUn'!D lOFaT 8T OfY/lltHG 8T 0.3048.
-CAUTION- THIS I't.AN IS 1tOT A I'\.AH OF SU8OIYISIOH WlTHI,.
1HE I<<AHI"$ OF THE PUNNING ACT.
NOTE' __UlI ~JC; &110 _ ll[!'flMlD YO TltE
_welT ~, 01 "S
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SURVEYOR3 CERTIFICATE
. ctItY"" fMAT t
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_('IS acT _ '>0( LANO nTL[S ACT .>JoO 'M[ ltEGuL,UIOlolS
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FLEISCHMANN PETRICH LTD.
LAND SURVEYORS
~xE:~~G C~ CENTRE
PlCXERINC LIV 3P2
OONEVAN
ONTARIO
"OHT:l.RIO STREET
OSMAWA LIC 4Y5
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PLAN
OF PART OF
REGISTERED
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LOT /7
PLAN 10M-
BOWMANVIL LE. no,,1n the
OF tJ(WCASTLE
MUNICIPALlT Y or DURHAM
SURVEY
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SCALE I 200
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PLAN
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RECEIvED ""'D DEPOSITEO
t1ATE
DATE
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METRIC' OISTAN:ES SHOWN ON THIS PL.AIIi AIlE IN METRES
AND CAN BE COHvtRTEL To FEET 8T DIVIOlNe. 8Y O.~O.8
ftCAUTlON" THIS Pl.AN IS NOT A Pl.AII/ OF SUBDIVISION WITHIN
THE IilEANING OF HIE PL.ANNING ACT.
NOTE. "EAIlING~ AilE ASTROtiIOMIL AND loAf f1EI'EfI.Ilt:O TO IHE
(.,.1(.....1 r.....'l Qio "0' '7 AS SttOWtI 0.. ItfGrsTEItED ~L""
'OM. tlAlol"~ 4.. at.fWi"N\7i Of ....v,,'.
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SURVEYOR'S
CERTIFICATE
I CERTIFy THAT
t T"J~ St.lkwfY 4Hv "'LA.. ARt COfckt.Cf AN(.i .... ACCORDANC! W1TH THE
S.UAwE'f~ ACT AHu II1l LAJ(t'lITLE!> ACT 41<</ lHl R[Gu~ArIONs.
u...tii lt1tHt.l.INOI:.H
2 THE SURvt, "4~ L,j....~ETfl> Ot< TtIE
DAII
L.M '-I(5l.*,17
OM'..t(l ~&." wtI.,\.wOll
DONE VAN FLEISCHMANN PETRICH LTD.
ONTARIO LAND SURVEyORS
I J ONrARIO S1 kEET PICKERING GORP. CENTRE
OSHAWA Ll.. 'lYE> f'ICKERING LIV 3P2
72~.4'1O~. 6U 5'0'
DkloWI\i 8y ... \' ':'HK~ &y. J [.; J
fU~ a 86~~
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SCHEDULE "F"
THIS SCHEDULE IS SCHEDULE "F' to the Agreement which ha..1:i been
authorized and approved by By-law No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed on the 10th day of July, 1989.
LANDS TO BE TRANSFERRED TO TOWN AND/OR. CASH TO BE PAID
IN ~IEU THEREOF
1. Transfer of Lands
Block 18, Shown on the 10M Plan
Open Space (Shown as Block 19 on draft
Plan of Subdivision 18T-87005).
2. Cash in Lieu of Lands for Park or Other Public Recreational Purposes
On the execution of this Agreement, the Owner shall pay to the Town as cash
in lieu of the dedication to the Town of Lands for park or other public recreational
purposes, the amount of five (5%) percent of the actual value of the Lands which
the Owner and the Town hereby acknowledge and agree to be properly calculated
'"
at the rate of five (5%) percent applied against the sum of four hundred and fifty
thousand ($450,000.00) dollars, being twenty-two thousand five hundred ($22,500.00)
dollars.
3. Additional Cash Contribution
In addition to the cash payment in lieu of Lands for park or other recreationat
purposes and the other payments required by the Owner in return for the release of
the Owner from its obligation to construct and install a parkette on the Lands, on
the execution of this Agreement, the Owner shall pay to the Town twenty thousand
($20,000.00) dollars.
~
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SCHEDULE "G"
THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been
authorized and approved by By-law No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed on the 10th day of July, 1989.
WORKS REQUIRED
1. S'J'ORM SEWER SYSTEM
The Owner shall construct, install, supervise and maintain a storm drainage
system, satisfactory to the Town, for the removal of upstream storm water and storm
water originating within the said Lands, including storm sewer mains, manholes,
service connections, catchbasins and leads, open channels, storm outfalls and any
other appurtenances as may be required in accordance with the Town's Design
Criteria and Standard Drawings (the "Storm Sewer System"). The Storm Sewer
System indicates the Storm Sewer Works defined and described in Schedule lip"
hereto.
The Owner shall produce Engineering Drawings for the storm drainage
system, to the satisfaction of the Director.
The Owner shall obtain any easements required by the Director which are
external to the said Lands, at no expense to the Town for the disposal of storm
water from the said Lands and transfer the same to the Town and paragraph 2.3 and
2.5 of this Agreement shall apply with all necessary changes to them being
considered to have been made to give effect to the extent of this provision.
2. ROADWAYS
The Owner shall construct and install the following roads and services on the
various streets, shown on the Plan, at its cost, as follows:
(a) Pavement widths to be applied to the following streets: - as shown on the
Engineering Drawings.
(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
in accordance with the Town's Design Criteria and Standard Drawings.
(c) The Owner shall construct curbs and gutters on both sides of all streets, in
accordance with the Town's Design Criteria and Standard Drawings.
(d) The Owner shall construct, install and maintain complete sidewalks in
accordance with the Town of Newcastle's Design Criteria and Standard
'!
(,Cf
Drawings, on the following locations: - as shown on the Engineering
Drawings.
(e) The Owner shall grade and pave all driveways between the curbs and
sidewalks, in accordance with the Town's Design Criteria and Standard
Drawings. The Owner also agrees to 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 lots lines.
(f) The Owner shall construct, install, energize and maintain Street Lighting, in
accordance with the Town's specifications on all streets and walkways in this
Agreement, to the satisfaction of the Director of Public Works.
(g) The Owner shall install the topsoil and sod of the boulevards between the
curbs and the property line on all allowances for road(s) shown on the final
Plan of Subdivision of the Lands, in accordance with the Town's Design
Criteria and Standard Drawings and. to the satisfaction of the Director of
Public Works.
(h) The Owner shall 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.
3. CONSERVATION WORKS
In addition to the work required by Schedule "Q", the Owner shall construct,
install and maintain certain conservation works on land within this registered final
Plan of Subdivision of the Lands including 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.
4. LOT GRADING.
The Owner shall rough-grade alllot(s) or block(s) in accordance with the Lot
Grading Plan, to the satisfaction of the Director of Public Works forthwith
following the Director giving the Owner written notice requiring it to do so..
5. LANDSCAPING
( a) The Owner shall complete and install all landscaping requirements for the
roads and pedestrian walkways. provided for in this Agreement and the
installation of fencing .in accordance with the approved Landscaping Plan as
set out in paragraph 4.2 and Schedule "U" of this Agreement.
~
(b)
&5
The Owner shall provide, plant and maintain, under the supervision of a
qualified nurseryman or horticulturist, the tree and shrub planting
requirements in accordance with the approved Landscaping Ptan.
\
,r;
SCHEDULE "H"
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been
authorized and approved by By-law No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed on the 10th day of July, 1989.
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
Company 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 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 Tetephone 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. Alt telephone services are to be installed
underground. The Owner agrees to enter into agreement with Bell Canada for any
facilities and easements required by said agency for the servicing of Plan 18T-87005.
4. GAS SUPPLY SYSTEM
The Owner shall arrange with an appropriate gas company for the design,
provision and installation of a complete gas supply system to serve the said Lands,
including gas mains, and all appurtenant manholes, laterals, service connections,
apparatus and equipment in the locations as approved by the Director.
~
r; 7
- 2 -
5. CABLE TELEVISION
The Owner shall arrange with the Cable Television Company having authority
to provide its services within the area of the Plan of Subdivision for the design,
provision and installation of a comptetecable television distribution system to serve
the said Lands. All cabte television services are to be installed underground.
6. MAIL DISTRIBUTION SYSTEM
The Owner shall arrange with Canada Post for the provision and installation
of a mail distribution system to service the said Lands, in the location as approved
by the Director.
",
G'6
SCHEDULE "I
THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been
authorized and approved by By-law No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed on the 10th day of July, 1989.
DUTIES OF OWNER'S ENGINEER
1. DESIGN WORKS AND PRIVATE WORKS
In addition to the other requirements of this Agreement, the Owner's
Engineer shall prepare drafts of the following for the consideration and approval of
the Director:
(a) the Engineering Drawings;
(b) the Grading and Drainage Plan;
( c) the Landscaping Plan;
(d) the Schedule of Work; and
(e) the Works Cost Estimate.
The approval of the Director shall not absolve or release the Owner or we
Owner's Engineer of the responsibility and liability for any errors or omissions in the
above drawings, plans, or documents or from liability for any damage or loss caused
or resulting directly or indirectly by the Owner's Engineer.
2. REPRESENT OWNL;R AND OBTAIN APPROVALS
The Owner's Engineer is hereby authorized by the Owner and 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 tayout and
inspection staff to provide continuous inspection 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;
"
.'
~0
- 2 -
(b) inspect the construction and installation to ensure that all work is being
performed in accordance with the contract documents;
( c) arrange for or carry out all necessary fietd testing of materiats and
equipment installed or proposed to be installed at the request of the
Director;
(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;
( e) investigate and report to the Director any unusual circumstances which
may arise during the construction and installation; and
(f) obtain field information, during and upon completion of the
construction and installation, required to modify the Engineering
Drawings to produce the as-constructed drawings.
4. MAINTAIN RECORDS
The Owner's Engineer shall maintain all records pertaining to the construction
and installation and make them available for examination by the Director as required
by the Director.
5. PROVIDE PROGRESS REPORTS
The Owner's Engineer shall provide the Director with reports on the progress
of the construction and installation on a monthty basis, or at such other interval as
approved by the Director.
6. PREPARE AS-CONSTRUCTED DRAWINGS
The Owner's Engineer shall prepare the as-constructed Drawings for the
approval of the Director.
70
SCHEDULE ".I"
THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been
authorized and approved By-law No. 89-119 of the Corporation of the Town of Newcastle,
enacted and passed on the 10th day of July, 1989.
WORKS COST ESTIMATES
ESTIMATED COST OF WORKS
1 Storm Sewer System indicating Storm
Sewer Work
$104,898.30
10% Engineering
$100,442.00
$ 65,040.00
$ 1,900.00
$ 5.500.00
$277,780.30
$ 13,889.02
$291,669.32
$ 29.166.93
~320.836.25
2 Roads - Stage 1
3 Roads - Stage II
4 Street Trees
5 Streetlighting
Sub-total
5% Contingencies
Sub-total
TOTAL ESTIMATED COST OF WORKS
The Performance Guarantee shall be based on the preliminary Works Cost
Estimates which have been submitted to the Director by the Owner's Engineer and
approved by the Director. When the Engineering Drawings and the Landscaping Plan have
been approved by the appropriate Director as is required by this Agreement, revised Works
Cost Estimates for the construction and installation of the Works shall be prepared by the
Owner's Engineer and submitted to the Director for approval. The revised Works Cost
Estimates, as approved, shall be used as a basis to adjust the Performance Gurantee, in the
event of an increase or decrease in the Works Cost Estimates.
. ,
71
SCHEDULE "K"
THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been
authorized and approved by By-law No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed the 10th day of July, 1989.
INSURANCE REQUIRED
1. TYPES OF COVERAGE REOUIRED
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 Town's Treasurer and licensed in Ontario to underwrite such
insurance. Such policy or policies of insurance shall indemnify the Town against all
damage or claims for damage 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;
(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;
(c) any injury to any person or persons including workmen employed on the said
Lands and the publi~;
(d) any loss or damage that shall or may results from the storage, use or handling
of explosives;
( e ) any loss or damage that shall or may result from the drainage of surface
waters on or from the said Lands;
(f) any loss or damage that shall or may result from the disposat 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.
J r
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2. J\J\10UNTS 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 for five
million ($5,000,000.00) dollars for all damage arising out of one (1) accident or
occurrence or series of accidents or occurrences.
The issuance of such policy or policies of insurance or the acceptance of it
or them by the Town shall not be construed to relieve the Owner from responsibility
for other or targer claims for which it may be held responsible.
3. EXEMPTION OF COVERAGE PROHIBITED
The policy or policies of insurance shall contain no coverage exemptions or
limitations for:
(a) any shoring, underpinning, raising or demolition of any building or structure;
(b) any pile driving or caisson work;
(c) any collapse or subsidence of any building, structure or land from any cause;
or
(d) any storage, handling or use of explosives.
.
,
71
SCHEDULE "L"
THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been
authorized and approved by By-law No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed on the 10th day of July, 1989.
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 TOPSOIL
The Owner shall not remove any topsoil from the said Lands except for
construction purposes and such topsoil must remain within the limits of the said
Lands.
3. QUMPING OF FILL OR DEeRIS
The Owner shall not dump, or permit to be dumped, any fill or debris on the
said Lands, or to remove or permit to be removed any fill from any land to be
transfered 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
The Owner shall remove and dispose of all construction garbage and debris
from the said Lands 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 shall 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 QUANTITATIVE TESTS
The Owner agrees that the Town may have qualitative or quantitative tests
made of any materials or equipment installed or proposed to be installed on the
direction of the Director. The costs of such tests shall be paid by the Owner.
."
? Lf.
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6. MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS
During this Agreement the Owner at all times 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, are 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 f\i dust and mud originating from the said Lands during the
course of construction. If damaged, the Owner agrees to restore immediately, and
at its own expense, such road to a condition equat 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 shan be closed without thc prior wriucn approval of the authority
having jurisdiction over such public road. The Owner shall not use or occupy any
untravelled portion of any public road allowance without the prior written approval
of the Town or authority having jurisdiction over such public road allowance.
7. MAINTENANCE OF INTERNAL ROADS
Prior to the placement of the base course of asphalt on any road requir~d
to be constructed under this Agreement, the Owner shall 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.
Prior to the placement of the surface of asphalt on any road required to be
constructed under this Agreement, the Owner shall clean the base course of asphalt
and repair and replace such base course where necessary.
Until the roads on the Lands are assumed by the Town, the Owner shall
maintain all internal roads in a condition acceptable to the Director, and shall ensure
that such roads are free of dust and mud at all times to the satisfaction of the
Director.
8. WEED AND RAT CONTROL
i
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.
I,
7 S/
SCHEDULE "M"
THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been
authorized and approved by By-law No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed on the 10th day of July, 1989.
USE OF THE LANDS
The Owner agrees that the said Lands shall not be used for the purpose other
than as set out in the following table:
LOT OR BLOCK NUMBER
PERMITIED LAND USE
Lots 1 to 17 and Block 18 all on 10M
In accordance with the provisions of
By-law 84-63 as amended.
..
.t'
"7 {P
SCHEDULE "N"
THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been
authorized and approved by By-law No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed on the 10th day of July, 1989.
LANDS UNSUITABLE FOR BUILDING
The Owner agrees that no application will be made for a building permit for
the er,ction of any structure on the Lands listed in the following table, until the conditions
listed in the following table have been satisfied to the approval of the Director of Public
Works and/or any other Authorities having jurisdiction.
LOT OR BLOCK NUMBER
CONDITIONS TO BE SATISFIED
-NIL-
"
7 7
SCHEDULE "0"
THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been
authorized and approved by By-law No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed on the 10th day of July, 1989.
LANDS REOUIRING SITE PLAN APPROVAL
The Owner shalt not make or permit or :'offer any person(s) to make an
application for a building permit for the erection of any building or structure on any of the
lands listed in the following table until a Site Plan Agreement has been entered into with
the Town pursuant to Section 40 of the Ptanning Act, 1983, and the building permit
complies in all respects with the terms of the Site Plan Agreement.
L.OT OR BLOCK NUMBER
-NIL-
"
"1
70
SCHEDULE "P"
THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been
authorized and approved by By-law No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed on the 10th day of July, 1989.
STOJ{M SEWER WORK
This Work consists of the constructioll of oversized storm sewer work within
Plan 18T-87005. More specifically, this Work includes the installation of storm sewers,
manholes, catchbasins and an outfall, all as shown on D. G. Biddle and Associates Ltd.
Project 86095, Drawing No. C-l dated January, 1990 as finally approved Director (the
"Storm Sewer Work").
Total Estimated Costs:
$94,698.30
., ;l
7Cf
SCHEDULE "P-l"
THIS SCHEDULE IS SCHEDULE "P-l" to the Agreement which has been
authorized and approved by By-law No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed on the 10th day of July, 1989.
FINANCIAL CONTRIBUTIONS FOR CERTAIN EXTERNAL WORKS
SIDEWALK
This work consists of the construction of a concrete sidewalk on the south side
of Rehder Avenuer from the east limit of Plan 18T-87005 easterly to Scugog Street. More
specifically, this work includes the excavation, grading and construction of one point five
(1.5) metre (5 foot) wide concrete sidewalk.
Owner's Share:
$10,000.00
'.,
Cjc;J
SCHEDULE "Q"
THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been
authorized and approved by By-law No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed on the 10th day of July, 1989.
CONSERVATION AUTHORI1Y'S WORKS
1. Prior to commencement of site preparation, the Owner shall obtain the
approval of Central Lake Ontario Conservation Authority (C.L.O.C.A.), of an erosion
and sedimentation control plan for the Lands.
2. Prior to final approval of the 10M Plan, the Owner shall submit for the review
and approval of the Centrat Lake Ontario Conservation Authority a storm drainage
plan, prepared in conformity with the recommendations of the Northwest
Bowmanville Area Master Drainage Plan, which is to include stormwater outfall
locations, erosion protection works in the tributary and BowmanvilJe Creek Valley
Systems, and the major overland flow routing of one hundred (100) year storm flows.
3. Prior to final approval of the 10M Plan, the rear boundary of Lot 9 shall be
amended to coincide with the top-of-bank of the valley to the satisfaction of the
Central Lake Ontario Conservation Authority.
4. The Subdivision Agreement between the Owner and the Town shall contain,
among other matters, the following provisions:
(i)
the recommendations contained in the erosion and sediment control
and drainage plans prepared for Condition 1 and 2 of this Schedute
"Q";
(ii) lot grading generally within the Plan and construction within Lots 1 to.
10, inclusive, Block 18 and Block 19, as shown on the Plan as revised
under Condition 3 of this Schedule "Q"; and
(iii) storm drainage for the site, including erosion protection works.
&"1
c,r;
&CHEDULE "~"
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been
authorized and approved by By-law No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed on the 10th day of July, 1989.
ENGINEERING AND INSPECTION FEES
Estimated Costs of Works &:u
Up to $100,000.00 4% to a MAXIMUM OF $4,000.00
$100,000.00 to $500,000.00 $4,000.00 or 3.5% of the estimated cost of services -
whichever is greater
$500,000.00 to $1,000,000.00 $17,500.00 or 3% of the estimated cost of services -
whichever is greater
$1,000,000.00 to $2,000,000.00 $30,000.00 or 2.50% of the estimated cost of services -
whichever is greater
$2,000,000.00 to $3,000,000.00 $50,000.00 or 2.25% of the estimated cost of services -
whichever is greater
$3,000,000.00 to $4,000,000.00 $67,500.00 or 2% of the estimated cost of services -
whichever is greater
For the purposes of calculating the Engineering and Inspection Fees as
contemptated by this Schedute, the estimated costs of Works shall include the Cost
Estimates as specified in Schedule "J" hereto, and shall include the estimated cost of Region
services. The payment of tIle Engineering and Inspection fees to the Town are subject to
the Goods and Services Tax, and therefore an additional seven (7%) percent must be added
to the fees calculated using this Schedule and paid by the Owner to the Town.
The aforesaid amount is to be paid prior to issuance of the Authorization to
Commence Works for each stage shown on the Staging Plan.
. ,
y~
SCHEDULE "S"
THIS SCHEDULE IS SCHEDUI.E "S" to the Agreement which has heen
authorized and approved by By-law No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed on tbe 10th day of July, 1991.
REGION'S CONDITIONS OF APPROVAL
Conditions of Draft A?proval dated March 2, 1990.
CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION FOR THIS PLAN
OF SUBDIVISION WILL BE AS FOLLOWS:
1. That this approval applies to draft plan of subdivision 18T-8700S, prepared by D. g.
Biddle and Associates Limited, dated August 24, 1988 and revised August 1988,
showing 17 lots for single-family detached dwellings; one block for Open
Space/Valley and; one block for a public walkway; and a new road allowance
connecting Edsall Avenue and Rehder Avenue.
2. That the road allowances included in this draft plan shall be dedicated as pub1ic
highway.
I 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 any 0.3 metre reserves shall be conveyed to the Town of Newcastle.
5. That any dead ends and/or open sides of road allowances created by this draft plan
shall be terminated in 0.3 metre reserve(s) to be conveyed to the Town of Newcastle.
6. That Blocks 18 and 19 shall be dedicated to the Town of Newcastle as a public
walkway and an open space btock, respectivety.
7. . That the owner shall convey land to the Town of Newcastle for park or other public
recreational purposes in accordance with the Planning Act, as amended.
Alternatively, the municipality may accept cash-in-lieu of such conveyance.
8. That such easements as may be required for utilities, drainage and servicing purposes
shall be granted to the appropriate authority.
P i
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- 2 -
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 the Planning Act.
10. Prior to the commencement of site preparation the owner shall obtain the approvat
of Central Lake Ontario Conservation Authority of an erosion and sedimentation
control plan for the subject lands.
11. That prior to final approval of the plan, the owner shall submit for the review and
approval of the Central Lake Ontario Conservation Authority a storm drainage plan,
prepared in conformity with the recommendations of the Northwest Bowmanville
Area Master Drainage Plan, and is to include Stormwater outfall locations, erosion
protection works in the Tributary and Bowmanville Creek Valley System, and the
major overland flow routing of 100-year storm flows.
12. That prior to final approval of the plan, the rear boundary of Lot 9 shall be
amended to coincide with the top-of-bank of the valley to the satisfaction of the
Central Lake Ontario Conservation Authority.
13. That prior to final approval of the plan, the Owner shall submit to the Town of
Newcastle for review and approval, a Landscaping Plan prepared by a qualified
landscaping architect that reflects the design criteria of the Town of Newcastle, as
amended from time to time.
14. That the prior to final approval of the plan, the Owner shall submit to the Town of
Newcastle a Master Drainage and Lot Grading Plan for review and approval, which
has been prepared by a qualified engineer. The plan must reflect the Town's design
criteria, as amended from time to time.
15. That the owner shall provide for the extension of such sanitary sewer and water
supply facilities which are external to, as well as within the limit\s of the plan which
are required to service such a plan. In addition, the Owner shall provide for the
extension of sanitary sewer and water supply facilities within the limits of the ptan,
which are required to service other developments external to this subdivision. Such
sanitary and sewer water supply facilities are to be designed and constructed as per
the standards and requirements of the Region of Durham; all arrangements, financial
and otherwise, for said extensions are to be to the satisfaction of the Region of
Durham and are to be completed prior to final approval.
16. Prior to entering into a subdivision agreement, the Region of Durham shall be
satisfied that adequate water pollution control plant and water supply plan capacities
..r. .
f?4
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are available to the proposed subdivision.
17. 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,
and other tocal services.
18. That prior to final approval of the plan, the Owner shall satisfy all requirements,
financiat 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 provisions and installation of sanitary sewer, water
supply, roads and other Regional services.
19. That prior to any grading or construction on the site, the Owner shall:
erect a snow fence or other suitable barrier along the western and southern boundary
of the property to the satisfaction of the Ministry of Natural Resources. This
barrier shall remain in ptace until such time as all grading, construction and
landscaping of the site is compteted and shall be maintained to prevent the
placement of fill or removal of vegetation within the valley lands of BowmanviUe
Creek and its tributary.
20. That prior to any grading or construction on the site, the Owner shall prepare a
stormwater and erosion control ptan which shall be acceptabte to the Ministry of
Natural Resources. This plan will show all proposed surface drainage works, and will
describe the means to maintain soil erosion, sedimentation and the direct drainage
of storm water flow into Bowmanville Creek and its tributary, both during and after
construction.
21. That prior to any grading or construction on the site, the Owner shall acquire written
approval under the 1 :lkes and Rivers Improvement Act from the Ministry of Natural
Resources for the proposed sanitary storm sewer crossing of the tributary. The plan
submitted in this regard shall be consistent with the stormwater and erosion control
plan submitted under Condition 20.
22. That the submission agreement between the Owner and the Town of Newcastle shall
contain, among other matters, the following provisions:
(a) The owner agrees to carry-out, or cause to be carried-out, to the satisfaction
of the Central Lake Ontario Conservation Authority:
,
,
ftS
- 4 -
(i) the recommendations contained in the erosion and sediment control
and drainage plans prepared for Conditions 10 and 1.1;
(ii) lot grading generally within the plan and construction within
lots 1 to 10, inclusive, Block 18 and Block 19, as shown on the
plan as revised under Condition 12; and
(ill) storm drainage for the site, including erosion protection works;
(b) The owner agrees to construct and maintain the barriers as required in
Condition 19;
(c) The owner agrees to imptement the stormwater, erosion and sedimentation
control plans required in Condition 10, 11 and 20;
(d) The owner shall not alter the tributary of Bowmanville Creek without the
prior written authorization of the Ministry of Natural Resources; and
(e) That the damming, dredging or other alterations will not be carried out J>n
Bowmanville Creek without the prior written authorization of the Ministry of
Natural REsources.
23. 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 1,2, 3, 4, 5, 6, 7, 8, 9, 13, 14, 17, 19,
and 21 have been satisfied;
(b) the Central Lake Ontario Central Lake Ontario Conservation Authority, how
conditions 10, 11, 12, 22(a) and 22(c) have been satisfied; and
(c) Ministry of Natural Resources, how conditions 19, 2021, 22(b), 22(c), 22(d)
and 22( e) have been satisfied.
NOTES TO DRAFf APPROVAL
1. As owner of the proposed subdivision, it is in your interest as well as your
responsibility to satisfy all conditions of approval in an expeditious manner.
2. All plans of subdivision must be registered in the land titles system within the
Durham Region.
'.
y~
- 5 -
3. Where agencies requirements are contained in the subdivision agreement, you should
forward a copy of the executed agreement to these agencies in order to facilitate
their clearance for final approval. These agencies are:
(a) Mr. Chris Conti, Central Lake Ontario Conservation Authority, 100 Whiting
Avenue, Oshawa, LIH 31'3;
(b) Mr. P.A Strassburger, Ministry of Natural Resources, 322 Kent Street West,
Lindsay, Ontario, K9V 2Z9
"
"
y?
SCHEDULE "'I'"
THIS SCHEDULE IS SCHEDULE "'I'" to the Agreement which has been
authorized and approved by By-law No. 89-121 of the Corporation of the Town of
Newcastle, enacted and passed on the 10th day of July, 1989.
TREE PRESERVATION PLAN
I,
yy
SCHEDULE "un
THIS SCHEDULE IS SCHEDULE "un to the Agreement which has been
authorized and approved by By-taw No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed on the 10th day of July, 1989.
LANDSCAPING PLAN
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LANDSCAPE PLAN
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86095
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'10
SCHEDULE "V"
THIS SCHEDULE IS SCHEDULE "V" to the Agreement which has been
authorized and approved by By-law No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed on the 10th day of July, 1989.
REQUIREMENTS OF OTHER AGENCIES
MINISTRY OF NATURAL RESOURCES
1. Prior to any gr&.ding or construction on the site, the Owner shall: erect a snow
fence or other suitable barrier along the western and southern boundary of the
property to the satisfaction of the Ministry of Natural Resources. This barrier shall
remain in place until such time as all grading, construction and landscaping of the
site is completed and shall be maintained to prevent the placement of fill or removat
of vegetation within the valley lands of Bowmanville Creek and its tributary.
2. Prior to any grading or construction on the site, the Owner shall prepare a
stormwater and erosion control ptan which shall be acceptabte to the Ministry of
,-
Natural Resources. This plan will show all proposed surface drainage works, and will
describe the means to minimize soil erosion, sedimentation and the direct discharge
of storffiwater flow into Bowmanville Creek and its tributary, both during and after
construction.
3. Prior to any grading or construction on the site, the Owner shall acquire
written approval under the Lakes and Rivers Improvement Act from the Ministry of
Naturat Resources for the proposed sanitary storm sewer crossing of the tributary.
The plan submitted in this regard shall be consistent with the stormwater and erosion
controt ptan submitted under Condition 2 of this Schedute "V".
4. The Owner shall construct and maintain the barriers as required in Condition
I of this Schedule "V'.
5. The Owner shall implement the stormwater, erosion and sedimentation
control plans required in Condition 2 of this Schedute "V".
6. The Owner shall not alter the tributary of BowmanviUe Creek without the
prior written authorization of the Ministry of Natural Resources.
7. Any damming, dredging or other alterations shall not be carried out on
Bowmanville Creek by the Owner without the prior written authorization of the
Ministry of Natural Resources.
.
.
.
q(
SCHEDULE "W"
THIS SCHEDULE IS SCHEDULE "W" to the Agreement which has been
authorized and approved by By-taw No. 89-119 of the Corporation of the Town of
Newcastle, enacted and passed on the 10th day of July, 1989.
ARCHI~CTURAL CONTROL STANDARDS
All dwellings to be erected on the said Lands shall satisfy the following
architecturat control standards:
1. EXTERNAL MATERIALS:
a) Exterior construction must be a minimum of forty (40%) percent masonry
products excluding stucco and concrete blocks. No substitution is allowed
except by written permission of the Director of Ptanning and Development.
b) Dwellings sited at comers require full height masonry products on all
elevations.
2. COLOURS:
a) Cotours of bricks, siding, roofs and trims must be compatible and in harmony
such as earthtone range, pastel range, grey/black range etc.
b) Where bricks are used, coloured mortar is required.
c) Accent colour bricks for brick detailing is permitted provided if used
consistently in group of dwellings.
d) Colour of caulking around metal flashing or windows is required to match
colour of brick or siding.
3. REPETITION OF ELEVATIONS AND STYLES:
a) Any two (2) dwellings abutting each other must exhibit a minimum of twenty-
five (25%) percent exterior variations in elevations or colour schedute.
b) Dwellings or identical elevation and/or colour schedule must be separated by
a minimum of four (4) lots.
c) Dwellings which mimic the influence of a particular architectural influence
(eg. Georgian, Colonial, Spanish) are permitted only if constructed in a group
reflecting the same architectural influence.
. <I
ctJ.--
- 2 -
4. OTIiERS;
a) All metal roof vents and stacks mllst he located in the rear slope of roofs and
must be painted to match the roof colour if exposed to public view.
b) All dwellings must carry brick veneers to within twelve (12) inches of grade
on front elevation and within twenty (20) inches on side and rear elevations.
Exposed concrete foundation in excess of the aforementioned standard will
not be permitted.
c) The Owner shall encourage the builder of dwellings to vary siting and setback
of dwellings.
d) The above standards are minimum standards and builders are encouraged to
exceed the standards as long as the objective of creating attractive and
aesthetically pleasing appearance is achieved.