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HomeMy WebLinkAbout89-119 DN: B/L ,. , 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. ~ 'III It Province , . of . -.;;;,r- Ontano . II =:: a=: - to- c::e:::>> Co - o:::~ II - :!" ~:a ... Iii CO y ;a;. c:5s: ... Iii N') .. a... we 0::: r:a ,~ .... en 00 0 ,." Z- - .... C"") c::e i"'"l .... .-I d till( .:2: ~ U Lt"') fhl.W -' -' Ii: "" 0..... z r:: 0 2 ! ~ .~ w 0: ~C5 f/) UJ ::> ~ !C! w 2 () Z u: i! ~ 0 a: 5? Document General Form 4 - Land Registration Reform Act, 1984 79-//9 DYE & DURHAM co LIMITED Form No. 985 o (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 o (7) This Document Contains: (a) Redescription New Easement PlanlSketch (b) Schedule for: Additional: See Schedule o Additional Description 0 Parties 0 Other 0 .. (8) This Document provides as follows: IrC"A.~ 4,......."'.. v' lit!" 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 Y M 0 19.9.1.1 p} ~ t.f , , , , . ! . . . . . ; . . -j' . . : I , : . . . . . i . . '!' . . : : ! : . . 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 Y M 0 , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ..... .. .\. . . , , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ..... .. ./. . . , , , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ..... .. .\. . . , , , , ! (13) Address for Service (14) Municipal Address of Property (15) Document Prepared by: II Fees and Tax ~ ~ Registration Fee ..2.. s- - w f/) ::> w () ~ ~ o a: fi: Total "/ C-- ,.- .II 0<--::> not assigned Shibley Righton Barristers & Solicitors Suite 1800 401 Bay Street Toronto, Ontario M5H 2Z1 Attn: Nicholas T. Macos - ...-.--...~..__.._..~_.---_...........-~----'--.,...._.._"-----.,- r ~: . .... \ .\ ,~ ~ l ... J- J.. I) 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 , ., >( , , 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... ............... . . . . . . . . . . . . . ...... . . . . . . . . . . ......... ........... ..... .... ... - i - 3 2 2 6 . . 6 6 7 7 8 8 9 9 10 10 10 12 12 U ~ 12 13 . . . . 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 ................................ - ii - '( 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 .- s ( T I '1 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 -iii- r; r:f 'I 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 4' . .. .. 7 " , I 2 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 <75 I " , , 3 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. 11 ~. . ~ I r 4 (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" r'} . , It!) 5 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". I,t { I . , 6 (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 l~ , , 7 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 ( f f ,. r' 8 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 1'1 1" 9 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 I' " /" ( ') 10 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; I b ,. J' J r 11 (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. .~---,-",-.,,,,.,..,,,,,",,,....._-~,, I 7 ,. 'e 12 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 l_t ... {CO 13 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 , ,. .. 11 14 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 .' ... ;;1.." 15 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 r' .... ~. t 16 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: ?-~ r " }. 17 (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 ;).- ;; I} 18 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 '-'1 l) 19 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. /'" ;t. " I~ 20 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 ;2-~ r' II 21 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 ".} ;;1-; 22 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 " ) ;)-~ 23 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; " ?-C'( 24 (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 - - - _.,-,...,.~.._.-_...,.-.----,---,._-.--"-'_.~'---"- . . ')0 2S 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 , , L' 3/ 26 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; ,~ ,. ):>-. 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 ., .1' 28 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 7Y .1 29 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 '"1'; .J 30 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 J& " 31 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 1 7 .' 32 (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 3Y' 33 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; ;; '1 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 r..{O 35 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 . . l.{7 38 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 - 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 .. 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 . ,. '-(7 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 ~ 0('6 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 . .' l-1c, 44 (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 .. .. 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 . .' ~ / 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 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1.1",,"1 ~ \J \ 't.t. r R. ~... /1:\ ~ N T Sam Gust - Title ~~<LI'1( .\"R~"'';.~~I<:~ ~ ritle '1"ltRS 1j:.\~T S-. ~ , . ~)lJ1~ -,6! .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. . ~ 5' Cl v e.. p,,..,,( .L K C 4P;' f- f' " r + ~ -r: f ;.. c ~.... $' "" J. vi. v . j e e/ f/ '" "f. v '" & of- I 9 + 1.3 / c' 0 0'\. C ., $' $ ("cJ'" .2... 0 ~ /" e.5 ( .1-(- ~ ... -,I /' ( c. '" "' jVO c6~ ~6....- cs-r ,5o..........;(I4v..((f" AO(N~"'-,,\ 1-(~ / (J -? tJ c..., ).... "'- r tp It. - .; e;-o ~ .. D -r .IV R r..c.J C e. .> -;- / -< . /' ~ E') ( " "t.- .~ ( /Vl ~.:. ,C ., /' A /.--If .. p( ~ r ~J ....e-. f(.J "- $ jt7e.- .;' i- ( ().." ~ I P-i\. 7d vJ n t; '1 \ 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 (Insert reducti$)ns of Plan 18T-87005 and the 10M Plan) ~ \r- ~ DRAFT PLAN OF PROPOSED SUBDIVISION PART Of LOT 13. CONCESSION 2 IFORMERlY THE TOWN OF eowMANVILLE) TOWN OF NEWCASTLE RECIONAL MUNICIPALITY OF DURHAM ) :t '!~ , I "I ~ I ~ .. _J.________ ED$.<LL AVONr . :t t t BLOCK IS y AI..LE't\.ANO .&tlOlTtONAl '......ftON Itt':OUIHO \MXA "(110M so " 'be: ~IHC AtT ",IICI,,& "AIttL't -.LUCS. IICStIOft'M. C...,....fUID ...... ""' .,.,... "". ~ .....,... ....- ,.."...... .... ... ..,....... ,..,,,,,,, ...... . l'oN.L ....c...... -'CO ,.. ....,..... : l ) SCIIUIlU 1# ~ lISt . ..... ,." s-.r hit"'" aoiIIaft... ....... aear .. ___. .... ... ... ..'nLI,.l'ILaO a...... .... ....... ..... '''Jl. at'It ... ..... .. InWWILL~ 110';... ""-.~..."=;. 18T 87005 _'S CIllT"I~Tl ~ AVIMCIt" Izt nc .....IS... ,. ~.. ~ '_ .-. I'IC/fII'OSCD -":'IYI$'" ~_f .. .. .. ........... /iN J I.. ::';::.:::....t:::,. ==-- 1Ct'I'~ ... ~- :~~~>.;~.~1>~.~/.:~~~~~~.'*P::,;.~l:::~~~~,.~.,::;.~.~~~<<~):':..~.:.'~~.'~%~~:tc;:~_~;: _'S CIllTI'I~Tt ..:.=-'oco~~:"~,r== ~:r~.:..~ ,..-...eM uaea AM. '"""YILt' >>0 ~, ...... ~~2i _.0 -"~~ ~ "It . .:l!F"*..... ... .. tWOkA1t. f1# 1M[ 101N . ICJ'CAStU .............. - DRAFT PLAN OF ROPOSED SUBDIVISION --- _._-- ..... D-3 '" .". ~.. :.:.:--;;:-;; . i I ~ . IIU. II. J__': :~ \ I ,/ . . ~-_.- . --!-- --I ".;;-.;:'~':::~~;-- -, ....-,.... ',J' ::; . .~~~_ ._-.... . . ,.." '-.:t)- .I It'- ~: .: ,- . :i:1 , ~ ~ L ."~.'" ...- ... :: ~ !' ~ ., :. - "' ::. ~: !'! I ~ I ~ .. f l' i I e :; I .~ i: ". ~ ~ ~, ~~ :-: .., ~: ~ ~ .. :~ .:0 .. ) : ( ,. ~ ('J " :.I{ '. ~~: -, :; :> .; '~.w < ,...... If ~ o. .... .. . ~ -: ... ~~ ::: . .... ~ -.. ~ . " .~'1 ,:. , ~.. '.~ .;, .~i# r~ ., ., .~ ~. -- - -- -......... -- - -~.... - - -.. 6.::-......>>.:.\":..;, ~ , -.:-.. ....... .;.~..' -- .f ;! , ,'-- .... .,. ... O,!r .: I:.. .:... i -::.....~.~.:.::.:":! .- I I , I I I I ... -a I I , .. :: I .. .- S 4 . .. .r: ~# ..4...~ ... ~ ;. ~~ . , . ..' :t -t Co' .t ,:,~: ..~. .. ~.. .,.. :.\, .. {~~ '!) ....J.~ t :. :" :- .. '. .f ~ . ~ ."':Mt ...-0.. ... r' It <) c.,. i!~..:t., II- =:;:,,;:: / - .~.~~.;. -:';i~..: ~~ --',.. r -. ~~~ - .. . . -. .:' .....,. ~ ,~,!.., i r .,. .... ....O:~-_..':""., .. ...................... "'-.7;":.':' ._' .~.~,. .::;'.~" .- .:~ .::-.;:.::-:-:;~:, ". _. :..'. .,.; .... .....", , -0:..-.--:.. " ~~~-:..=-"'~. -_~__-i i ::".WV[ ::AT. :AIR.~ . :.t~ET~~~-n~ j~~T~~:(t I: ::: i ::;;: !:::::.:,' ::::::": I. ... i r_~. i.. _" t ...... ....,.....-. J ~ :::; ::::-!::: .::: : ::;.::-: I" .... "_..to : J"~ . ...... : ........n. i:; ::: ; =: i ::: ~:::. I:~;:-:J -~_'!L"O!.L -!"'. .....;:...~_~ "!!-G~H'. i PLAN 10M - ______ ..,-....... .......-.....----............. - .... ,,- .....- """'CI _... ,,_ '"',. ....- .. ""'....uI ...... .. __ _. C It;.,.... .... ___.... co-- _____...... ... ........ -... ............. ~ .-................,. ..,.... .------- -................. - --. ............... "'- ...--- .. ---- -- .- ............ NOT[. ......._~ .' PLAN OF SUBOIVISION 01' uns19.IIO...R.Q.M .H."_ 0/'l.Drs M.JS_ IttTWltlt l.DfS 7Fa,"_...MM' fJ' "'t _,",1$ _ _ 01' _ __ __ 01' LOI' IS ,COO<b_ I.OlllR'STrItR l'\.M1I01II......,.0/, cos.a. __ _ -..-.t ~rtAIf "'a.r_ _tI't.arQ.~Z _ 01' _Ioit _.. '.. 'TOWN OF NEWCASTLE M-.a&. --...rr cw. _ ~ -.. ~( .. ,.. ~ , ~r~ .0 ".1.. rftO tIlJI("'<. i"'MiCe, ~ 0lIIt ...., ~.. MC: ilia "".Ct ~_~_ _"' .CQiIIJWr...... " "'rr .~___" _, ...._ I I.. I .'"; 1-" I J IItOK : ...... .... ~.-............., ~ ............ ,... ....... ~.............. ....,...,.,. ~"'t....... --- .- .. ..... - ..-. .. - -- ... ~. 'lIP .......... ...... -... ---- ....... -..... ""l' --- -- --- -.. -- __'S ctJml1CMt' .. ,.# I I I I ! , i ! ".. .. '" ..,...... ..... .."". -..... ... 0IlIft....-. _ ..... .. ........ .._,r ...--... ..... .......---....--. .... ................ . -........ --............... .... ... . ...-.-- .... .- . ..-..... -" . -... - ."... ...,.....to \....'TfO ~-_. --...; ".uwvr"(W. s C(JI'""tCAT[ \ \. -.....~.ot't"- _....... ____.... .- '-. _t.. _ '" _ ... no--.~. _.... ".C'_..., ...... .... .........,~ -"- .--." -~--..-.......... ......- ....--. .____..-.e. .--......--......- .... -.... ---- '. ,;' ..._.. __..... r..--"'_'" _ .____ __... ~~ -_ _It _..._... .._.,. .'. "..... --... ......... \.- ..~.. !:("1'rt(\;AN 1\ ..........c- .~ ....-..;. ,r."r' .,.......... ...c... IlC-.SC....."..... :0 ~~O t ,...... ...""""",,., . .1 ::,:~~ .C'."r ~ _....~.:; I ~(, 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 ($12,639.50), twenty-four (24) months following issuance of the building permit for the first dwelling or on the date of issuance of the building permit for the thirteen (13th) dwelling unit whichever date is the sooner. Subject to the provisions of the Development Charges Act, 1989: (a) The Town shall review its schedule of Development Levies annually and may -2- s-.~ adjust the amount of the Development Levies herein in accordance therewith. (b) The Owner hereby acknowledges and agrees to such annual adjustment and further agrees that such adjusted Development Levies shall be applicable to alllot(s) or block(s) within the Plan for which Development Levies remain due. References in this Schedule "D" and in any other provision of this Agreement to "Development Levies" are to be construed to be references to the Devetopment Levies required by the Owner pursuant to paragraph 3.4 of this Agreement and this Schedule "D". They are not to be construed to be or to include references to a development charge that may be imposed by a Development Charge By-law passed by the Town under the Development Charges Act, 1989. .t ., c-vr ~.~JlA ~ TBJS SCBEDtlLE IS SCHEDULE "E" to the Aireement which has been authorized and approved by By-Ia.w No. 89-119 of the Corporation of the Town of Newcastle, enacted and passed the 10th day of July, 1.989. I&-\NS~ gr EAS(MENTS '1118 Owner shall deliver to the Town t.b.e followma transfen of easoment$: 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. T ('\ t t""'" "~~I~ "'I~' I L J I ~ ............, '" 'I"'~ -,.., " I I" ........... I I <J I ~ -.-..u.l ~ \ I..... .'!' ':::. ': ~ .+ ..4/ ..".~. ~ .. ~ ~-: ~ ~ ~, . ~. ~ ~ ' ~ '.~~ ~"j\" . i' ;; . " " ~. ~ f/ ~\ :; k/ I ~ ,:;,;-. ~ -. ~ / / / f-' , ,\\ ,~,<, "",,<, ~ ,('~- ~,<, ~ I / / i i :..,.,t! r--..... .,.~ .. . .' - ~ .. ""liT PAIIT PART :10...., I)' P....CEL ~ ~ t. H.C!"ro-t .~.... Z - ...,....It p.utCEL S.... !(CTtOlt lOW. l . '&lIT 01 _cu. \ \ '\ 0\ . ~ 'y ~. // ~' /l~ ." ~! .. :---- ..~ 8J7 .. .... ~. -;-,.... ..... - J ."'''' --;;_. I ~ . - , :/: I ~! --.f > '\ I , / , '\ .... \ , , --'~ 1\. .... 1\; ~ ,.. ~ " ~ ',. ~ ~ ~:;t:: ~) ... :$ ~ ~ I ~ t' I' ---- . --..... ~ ~- -. .;! ..."!.... , ~, ,0 / -O/, ~. te; I'~ ;:~ t~ I ..~ . f'" I ~ -;--' ! -------. . .-....J ~ ~o/' :c , " ;.! I -':"" / / \ \ - ',=, -, .... 7 ,f . ; . . , "E :"'1>( T...SI'\.... TO aE :IE P'::50 rEO UNO!It TMt: LAHO nru:s &oCT PLAN IOR-=-___ "EeE'yEll -0 DEPOSITED DAn DATE _ ______ -,- _ LNG _ETOft l"lOO ..E"'sr..... '-()Ot ~"E 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 :- ... ,"".....,. - .,. 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 _ 011 -..sTr1llO "'-- 10M. __ ~ tE_ ._"-SO-I - OI/IOKS SUItVIY 1iIOIIUllf~ _ -0- llIIfOftS IUItVtI __T str _ !/f1fOTlS STAHOAllO _ .... . . l/(!tOftS lllClN .... S. ~~T~__ _T ~ "Till" lIOO5t _TIS ~ II: !'\.I.ISC:__ . O. L. S. SURVEYOR3 CERTIFICATE . ctItY"" fMAT t I 'lttS \:llW(, ... 1'\._ All( (Oltll(CT _ .. ~..c:[ ...T.. T>o( _('IS acT _ '>0( LANO nTL[S ACT .>JoO 'M[ ltEGuL,UIOlolS .....OE r>tfltEUMOE". Z. lW! $::'NU ..S ~rrEO 011 1M( ..... C F FL.rtSc...litAHM "'''.-0 ......,.. s""....t"o- FLEISCHMANN PETRICH LTD. LAND SURVEYORS ~xE:~~G C~ CENTRE PlCXERINC LIV 3P2 OONEVAN ONTARIO "OHT:l.RIO STREET OSMAWA LIC 4Y5 7?"_.a.'~,. &6).. )701 )),. _ a6't). t~R-~.'" :..,' ".:'" 9 C~".,C ~T ~ ct... t ";':.:.:..! 0"":'0. '0:09~) ~-",~;::. ~ PLAN OF PART OF REGISTERED TOWN OF ~ TOWN REGIONAL ........--.-' OF LOT /7 PLAN 10M- BOWMANVIL LE. no,,1n the OF tJ(WCASTLE MUNICIPALlT Y or DURHAM SURVEY .~ ,., VfT.'~ SCALE I 200 L M NESBIT () L S 1~91 ~C(3~~~ ;:0 r; ;:~;:n:~ :-'''\:::. ---.--------. --. - -- -- .--.......--..--- _. It, i i I - ; { t I , I', - . I i {D; '--- ,I i t>.~ ' ; (')\ r I .", i I , q (. ... ....(I,~V ,::.\ ." ~ -' (. " a..:,\- '~ !...\'. :~'..I= ,. ~:' ~ ~. ~ ~r~'~, ~ ... (' l'~ ~. . '" , ',. -.- ,,, f -".. ,. "._.' 0' ~ . - - , PART I 0 , .. . t' ~ ..... <, Ie '" , , , l> 1I''t1. I I ;, .." , I .-. ~ CK,' -Ii N 7?C,~' E I ~ I I I I , I I , .. I l' ., '" I , I . . . , ?'; .....-", ~l)\ I , ! I ,. (. ;. . ~.. I ,- , " I i ;, I , r, , i~ ,. r'. f t~ I i I , .. ~~ -'-- I I, ...1. ........, -.. .' .' > .,. '" ... . -. "10" l; e ~ .. .- \(' w ", : w . . - : . !' ,. \, oJ 'l.'. '-.1...1 :L'S~LL f. ~ ~ . , '. ,. _. ~./:I\::..' ~ ~'. ..1\. :J" r. , '. " , r.) , . .' I. I I. . I , =: :~J..:.~,i' 'tt: ". ; :;f ." 5'.. : ..:';"" '.;:0 A /' ./ I I -lJ ~' / I IlEOUIIl! THI; ~~A*, TO BE Ol"OSlTED UN"!h THE UND TillES ACT PLAN IOR::.___ RECEIvED ""'D DEPOSITEO t1ATE DATE ------- ---'--.. SI....lulll:, __t_~~__'!~ ~!~!..____ ON1AFIIO L.AAf' SI..ft-..rlt.f\ "'---- LAN:: REul$'!R:'J. ro;;, THE LA",,", tit L(S (UVJ!tIO,," Of HE. W(";4~ H.t Cti~ 10J PAJi: j. 14rif Of ~..(t:l "'Afon I. Su&Jt:C I. lAS-fNlfNl If\, IhS: N~ 51~O 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,,'. -- OlNOTE~ :'''W.EY MO"""t'H fOVND -0- Of.JlOrE~ bvt('it.f..~UIllf.H' SiT Sf& Ot.NOrt:~ $.l~CAtW t"(,Hrr. EtA" t& Of. ..Ofl5o akU;, t;.AW ItI e Ot:NOTt.!. k,.)!..'...; JR\,l", 8.,.. 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~~ ~C.Al ( I 20(; JO~ NP ~123" .. ~2.. 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. ~ ~) 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 7~ - 2 - 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. - 2 - 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 ~} - 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 - 3 - 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 '" \S""" ~ I ~ / -ki_ / I _~/ r' i I i i i i I i i I I I ! " " " / i I I ! / I 2 " " " " 0 @ " " " " " , 68 1 69 : TO ~i~nl~ Lj:E3~~~J~~~~f~U_l___ , . II. I L - n _ ::; - _ - _ _ _..:: -=- .._ ao1"" _ ..... -.:- _ tIt.. --t-----..--------- " ; . -i-i. -- -- -- ---rff" '-"1-- -- --- ~""'----r----- ~"""---T-- II i I ill : i ! I I! I I I ~:~:~: I I I T8 : TT I 76 : 1 I I 1 1 I I J J ------~-----~------~_. I I I 1 94 95 1 92 I I~I~: ~I I I ~I I, I . I I .-,1 I I! I i REHpER A jV,fNUE _. - ~-- NO. 82 .... --- __ SID: PANISM C_ TIlG: _ .-r ~ LotAST ! _ lIED 11M: _ ..IT'( .... - I ..:::;.-- --;:~- ..--too": .......-.. /J1.lt--~i---r I I 1 I I 1 I I I I I I I I ( .. 1"'1 I I I ... 1"'1 I I I I ~ "'I ~i '" I .. 1 1 I ~ I I'" I ... I ... I 'I I ~ I 1 ~ I ~ I ~ 1 I I I I I 1 TftEE PUNT I He: SCl€Dl.l.E IC['T I ern 1 o E F IlITMlIc.lL. _ PMIL_ IoIIJIlOI5( I I:Ul)I ST 11 TIll AClINTIClS 'SlIeUlST. ~ lUI\A f1lAX III.lS NIlEIlICAHA ~ l.t) '=t- - I a: o - Pf..AN IOR-2IS~ BOWMANV / LLE CREEK <: ~ 0: I I 1;1 II II L- I r 11 ICE'!' JOUH ICM.l j '... _.i ........ ..... i.. i ........ ....,..- .....-.. ---- .- ........... .....---- ---- --..... -_.............. --.- -..... - "'... - ..-....-.. - CORPORAT I ON OF THE TOWN OF NEICASTU: "llIIIPTWW' . ....'c __ LANDSCAPE PLAN .. 86095 L- I .l-' MfA ror ...q'I~.~. '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.